1995/04/04CITY OF ~NAHEIM· CALIFORNIA - COUNCIL MINUTES
APRIL 4· 1995
The City Council of the City of Anaheim met in regular session.
PRESENT:
PRESENT:
ABSENT:
PRESENT:
MAYOR: Daly
COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
UTILITIES GENERAL MANAGER: Edward Aghjayan
POLICE CHIEF: Randall Gaston
DEPUTY CITY MANAGER: Tom Wood
INTERGOVERNMENTAL RELATIONS OFFICER: Kristine Thalman
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson
STREETS AND SANITATION MANAGER: Doris Roush
PLANNING DIRECTOR: Joel Fick
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 2:30 p.m. on March 31, 1995 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Daly called the meeting to order at 3:10 p.m.
175: FIVE-YEAR UNDERGROUND CONVERSION PLAN - PUBLIC UTILITIES
DEP~RTMENT
Ed Aghjayan, Public Utilities General Manager, presented the Underground
Conversion Program, Five Year Plan, noting the presentation had been delayed
three months because of two factors: 1) the Orange County Bankruptcy which
caused uncertainty about the public works projects to be funded by the County;
and 2) the negotiations between the Utility and Pac Bell concerning the
funding of their portion of the undergrounding program, which have been worked
out for the forseeable future.
The Public Utilities Department presented a slide show containing text as
written in the handout presented Council this date, and also "before" and
"after" pictures of completed projects.
To bring the newer Council Members up to date, Mr. Aghjayan gave a brief
history of the project and its funding. The remainder o~ the workshop was
devoted to the plan for undergrounding during the next five years, 1995/1996 -
1999/2000. The proposed plan expenditure is $45.9 million, whereas $48
million had been approved. This is due to revised sales forecasts which
predict less revenue. He reviewed the projects selected for this five year
plan, and the criteria used for selection (included in handout on file in City
Clerk's Office).
At the conclusion of the presentation, Mayor Daly thanked the Utilities
Department for the briefing. He noted that he has heard only positive
comments about the undergrounding and that the projects completed are already
paying high dividends for the City.
CITY OF AN~HEIMv CALIFORNIA - COUNCIL MINUTES - APRIL 4v 1995
REQUEST FOR CLOSED SESSION:
City Attorney Jack White requested a Closed Session noting first that
there are no additions to Closed Session items.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closed Session items.
The following items are to be considered at the Closed Session:
CONFERENCE WITH LEGAL COUNSEL PURSUART TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION:
Name of case: In re: County of Orange, Debtor, U.S. Bankruptcy
Court, Central District Case No. SA 94-22272; and In re: Orange
County Investment Pools, U.S. Bankruptcy Court, Central District
No. SA 94-22273.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION:
Name of case: Anaheim Stadium Associates v. City of Anaheim,
Orange County Superior Court Case No. 44-81-74.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION:
Name of case: Bola Industries v. Anaheim Center Associates,
Orange County Superior Court Case No. 73-53-00.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 2000 Gene Autry Way (Anaheim Stadium Property)
Negotiating parties: City of Anaheim and the Golden West
Baseball Co.
Under negotiation: Price and terms
CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator: Dave Hill
Employee organization: Anaheim Police Association
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION:
Name of case: Mary Klevies vs. City of Anaheim, et al. v. City
of Anaheim, et al., Orange County Superior Court Case
No. 70-42-58.
RECESS: Mayor Daly moved to recess into Closed Session. Council Member Tait
seconded the motion. MOTION CARRIED. (3:45 p.m.)
AFTER RECESS:
The Mayor called the meeting to order, all Council Members being
present, and welcomed those in attendance to the Council meeting.
(5:45 p.m.).
INVOCATION:
Reverend Adam D. McCoy, St. Michael's Episcopal Church, gave the
invocation.
FLAG SALUTE:
Council Member Bob Zemel led the assembly in the Pledge of Allegiance
to the Flag.
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - APRIL 4, 1995
119: DECI~a~I~%TION OF RECOGNITION: Declarations of Recognition were
unanimously adopted by the City Council recognizing the following retiring
long-term City Employees and were presented to these employees: Ben Ramirez,
Fire Department; Jack Jessen, Police Department; John Johnson, Utilities
Department.
119= DEC/~tRATION OF RECOGNITION= A Declaration of Recognition was
unanimously adopted by the City Council recognizing the Electric Utility
Centennial. This was accepted by Public Utilities General Manager Ed
Aghjayan.
119: PROCLAMATION: The following proclamation was issued by Mayor Daly
and authorized by the City Council:
Recognizing National Birth Center Week in Anaheim April 2 - 8, 1995
Accepted by Dr. B. J. Snell, U. C. Irvine Birthing Center
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,787,101.42 for
the period ending March 31, 1995, in accordance with the 1994-95 Budget, were
approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (6:08 p.m.)
Mayor Daly reconvened the City Council meeting. (6:13 p.m.)
ADDITIONS TO THE AGENDA:
On motion by Mayor Daly, seconded by Council Member Zemel, the City Council
made the finding that there is a need to take immediate action and to add item
23A. regarding the Sixth Proclamation of the Existence of a Local Emergency -
Santiago Landslide and Pegasus Landslide to the agenda this date, and that
this need for action came to the attention of the City subsequent to the
agenda being posted on Friday, March 31, 1995. Motion Carried.
ITEMS OF PUBLIC INTEREST:
Gholam Amiri, 2209 East Nyon Avenue, Anaheim. He owns property at 1801 Alcove
Way, reported on difficulties with the sewer at this location. These were
determined to be the result of roots growing into the sewer from a tree
planted by the City. He has been requesting that the City either remove the
tree or contain the roots, without success.
Mayor Daly requested that the City Manager's Office look into the situation
described by Mr. Amiri, to determine if there are any steps to be taken by the
City.
PUBLIC COMMENTS - AGENDA ITEMS:
Public input received on Items A4, Al4, Al5, Al8 and A21 (see
discussion under those items).
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and
resolutions to be acted upon for the Council meeting of April 4,
1995. Council Member Feldhaus seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR:
On motion by Mayor Daly, seconded by Council Member Lopez, the following items
were approved in accordance with the reports, certifications and
recommendations furnished each Council Member and as listed on the Consent
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - APRIL 4, 1995
Calendar; Mayor Daly offered Resolution Nos. 95R-50 through 95R-54, both
inclusive, for adoption and offered Ordinance No. 5489 for introduction.
Refer to Resolution Book.
Al. 118: The following claims were filed against the City and action taken
as recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by George M. Cook for property damage sustained
purportedly due to actions of the City on or about September 7, 1994.
b. Claim submitted by Jeff Lawson for property damage sustained
purportedly due to actions of the City on or about January 11, 1995.
c. Claim submitted by P. Kay Metal Supply, Inc., attn: Cindy Flame, for
property damage sustained purportedly due to actions of the City on or
about March 3, 1995.
d. Claim submitted by Sheryl Monsalve for property damage sustained
purportedly due to actions of the City on or about February 16, 1995.
e. Claim submitted by Ricardo Escovar Lara, c/o Isaac Nalive, esq., for
property damage and bodily injury sustained purportedly due to actions of
the City on or about January 31, 1995.
f. Claim submitted by Roland G. Garcia for property damage sustained
purportedly due to actions of the City on or about March 3, 1995.
g. Claim submitted by Joseph ~anderwoude for property damage and bodily
injury sustained purportedly due to actions of the City on or about
December 1, 1994. :
h. Claim submitted by Micha~T and Orba Smith for property damage
sustained purportedly due to actions of the City on or about February 12,
1995.
i. Claim submitted by Dok Wha Paek for property damage sustained
purportedly due to actions of the City on or about February 8, 1995.
A2. 105: Receiving and filing minutes of the Public Utilities Board meetings
held January 5, and February 2, 1995.
140: Receiving and filing the Anaheim Public Library Monthly Statistical
Report for the month of February, 1995.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting
held February 22, 1995.
A3. 123: Approving Program Supplement No. 013 (State-Local Transportation
Partnership Program Agreement) with the California Department of
Transportation for the East Street project between Lincoln Avenue and
Broadway.
A4. 158: Granting a 6-foot x 12-foot easement to Pacific Bell for a
telephone equipment cabinet at Juarez Park.
4
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - APRIL 4, 1995
Randy Johnson, spoke on behalf of Pacific Bell in favor of item A4, a
telephone improvement cabinet, to be located in Juarez Park. This wall make
Anaheim one of the first cities to have state of the art technology to provide
for telecommuting. Pac Bell wants to continue its partnership with the City.
AS. 170: Approving Parcel Map No. 93-156, said parcel being located on the
north side of Sanderson Avenue, south side of Auto Center Drive, and east side
of 57 Freeway (1300-1382 Auto Center Drive).
176: RESOLUTION NO. 95R-50: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND
SERVICE EASEMENTS. (ABANDONMENT NO. 95-2A)
(Setting a public hearing date to consider abandoning that portion of
Sanderson Avenue lying south of Phoenix Club Drive, easterly approximately 263
feet from Auto Center Drive. (Suggested public hearing date: May 2, 1995, at
6:00 p.m.)
A6. 132: ORDINANCE NO. 5489 - INTRODUCTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SECTIONS 10.12.010 AND 10.12.040 OF CHAPTER 10.12 OF TITLE 10
OF THE ANAHEIM MUNICIPAL CODE RELATING TO MAINTENANCE OF THE WASTEWATER
COLLECTION AND DISPOSAL SYSTEM.
A7. 160: Accepting the low bid of West-Lite Supply Company, in the amount of
$94,368.06 for 1,436 H.P.S. Luminaires; and 90 Polycarbonate Shields, in
accordance with Bid #5366.
AS. 132: Waiving Council Policy 306, and authorizing the Purchasing Agent to
issue a Purchase Order to Motorola Communications, in the amount of $25,200
for the repair and maintenance of 100 mobile data terminals, for a one year
period beginning July 1, 1995.
A9. 152: RESOLUTION NO. 95R-51: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING CERTAIN CITY EMPLOYEES TO ACT AS REPRESENTATIVES
OF THECITY FOR THE ACQUISITION OF FEDERAL SURPLUS PERSONAL PROPERTY FROM THE
CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY; AND AUTHORIZING THE CITY MANAGER
TO EXECUTE ANY NECESSARY RELATED DOCUMENTS.
Al0. 156: RESOLUTION NO. 95R-52: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AFFIRMING THAT THE PROVISIONS OF PENAL CODE SECTIONS 7500 ET
SEQ. RELATING TO HIV TESTING OF PERSONS IN CUSTODY OF LAW ENFORCEMENT SHALL BE
OPERATIVE IN THE CITY OF ANAHEIM.
All. 123: Approving the Agreement and Mutual Release between the City of
Anaheim and the National Broadcasters Hall of Fame~ Inc. to terminate all
rights under their sublease Agreement dated February 1, 1994, for the leasing
of 3,000 square feet of space at Anaheim Stadium, and to mutually release each
other thereunder, from all obligations. (Continued from the meetings of
March 21, and March 28, 1995.)
At the request of the City Manager this item was removed from the agenda.
A12. 139: Authorizing the following action recommended by Intergovernmental
Relations: (Continued from the meetings of March 21 and March 28, 1995).
SB 74 (Leonard) regarding concealed weapon permits - OPPOSE.
CITY OF ANAHEIMt CALIFORNIA - COUNCIL MINUTES - APRIL 4t 1995
At the request of Council Members, Police Chief Randy Gaston stated that SB74
is no longer supported by the League of Cities, that the bill greatly
restricts local authority in what criteria may be used to issue concealed
weapons permits. Refusal of a permit for good cause would be subject to
appeal to the Attorney General, and if the City loses the appeal it is
obligated to pay the costs for it. For these reasons, SB74 is not considered
to be a step in the right direction.
Concerning SB43 and a number of others on this issue, the analysis has not
been completed yet, but basically the Police Department would recommend
opposition to SB74 and believes the present law should remain as it is.
On motion by Council Member Zemel, seconded by Council Member Tait, item A12
was continued for two weeks to the meeting of April 18, 1995. MOTION CARRIED.
Al3. 1235 Approving an Agreement with the Cinco de Mayo Fiesta Committee for
the presentation of the 24th Annual Cinco de Mayo Fiesta at La Palma Park on
April 29 and April 30, 1995.
Council Member Lopez recognized Joel Guerena for the hundreds of hours he
gives to this event each year. He is personally supportive and glad the
Council can help the event.
A14. 160: Approving the issuance of a Request For Proposals for
Telecommunications Development as requested by the City Council at their
workshop on March 7, 1995.
Karon Kalin, Director of Public Affairs for Pacific Bell, spoke regarding the
March 7th workshop on telecommunications and the resultant request for
proposals on the Council Agenda this date'. She asked that prior to voting on
this issue the Council consider the following: all aspects of the
telecommunications arena, except the 8-12 mile local loop, are already open to
competition; (the local loop will be competitive as of June 1, 1997); is the
City prepared to compete with the giant corporations in this very capital
intensive arena; the financial stability of some of the city's potential
partners; the 5% user fee will deter business from Anaheim; is it a level
playing field when the city is involved with private corporations in
competition; is the city prepared to handle emergencies and for the high cost
of keeping up with this technology. She offered to provide Pac Bell's insight
and knowledge of competition at a workshop for the City Council and requested
that the Council postpone the current RFP for a period of 30 days so that this
could take place.
Floyd Farano 2100 South State College Blvd., Anaheim, encouraged the City
Council to go forward with the RFP, as the technology advancements offer the
City exciting opportunities. He has monitored the meetings of the advisory
committee and feels they, and staff have done a good job in writing the RFP in
a broad manner, giving opportunity to everyone including Pac Bell to respond.
Council Member Feldhaus voiced concern that the RFP being returned on June 5th
would not provide sufficient time for companies to form teams or joint
ventures. He also questioned the mention of utility poles in the documents,
because of the undergroun conversion project.
Mr. Aghjayan commented that he and his staff believe the venture teams will
happen quickly and easily. Concerning poles, the City owns rights of way on
existing overhead systems, and that space will be available and doesn't alter
the City plans for undergrounding.
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - APRIL 4, 1995
In response to the concerns raised by Pacific Bell, Mr. Aghjayan noted that
the RFP does not propose the City compete with telecommunications giants, but
does allow for these companies to compete with each other; no 5% fee is
actually proposed at this time; Pac Bell would certainly be a potential
partner for the City.
Mayor Daly commented that the process is to receive the proposals and refer
them to the Advisory Committee established by Council.
At the conclusion of discussion, with reference to the offer by Pac Bell to do
a workshop on'the subject, it was determined that City Council did want
additional information, but that this would be provided by staff in the
Utilities Department, and not Pac Bell because of the competitive situation
which exists once the RFP is out.
Al5. 175: Approving the proposed fiscal years 1995/96 to 1999/00 Five Year
Electric Underground Conversion Plan with an estimated capital cost of $45.9
million.
Jeff Kirsch, 2661 West Palais Road, Anaheim voiced the opinion that due to the
City's economic situation that the undergrounding conversion project should be
postponed. The financing of $45 million was not a problem several years ago
but the current situation makes this a project in terms of priorities which
should be postponed.
A16. 175: Ratifying the Public Utilities General Manager's action in
executing the ballot to reject the Amended Plan of Reorganization in the
Chapter 11 Bankruptcy Case of San Lorenzo Nursery Company; and authorizing the
Public Utilities General Manager to execute any necessary documents to reject
the Plan, on behalf of the City.
A17. 123: Approving Caltrans Agreements Nos. 12UT-12355 and 12UT-12217 to
locate, mark and expose water facilities within Segments "A" and "B" of the
I-5 Freeway widening project, and authorizing the Public Utilities General
Manager to execute and deliver the Agreements in the forms hereby approved on
behalf of the City, with such additions thereto and changes therein as are
approved by the Public Utilities General Manager.
Al8. 175: RESOLUTION NO. 95R-53: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING SUBMITTAL OF AN APPLICATION FOR AND ACCEPTANCE OF
A GRANT FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR A USED OIL
RECYCLING PROGRAM AND AUTHORIZING THE PUBLIC UTILITIES GENERAL MANAGER TO TAKE
ANY AND ALL ACTIONS NECESSARY TO IMPLEMENT THE PROGRAM.
Phillip Knypstra, 2520 Gelid Avenue, Anaheim, objected to item A21 on the
basis that this is not an appropriate area for the Public Utility to be
involved and mingles general fund services with the Utility. He also
questioned whether this is a one-time grant and will the public utility be
responsible for that money.
Mr. Ed Aghjayan responded that the proposed oil recycling program is to accept
$200,000 from the State to protect the City's underground water system. The
Utility in Anaheim provides both water and electric service, and the quality
of underground water is of concern and importance to them.
Al9. 105: Declaring all seats on the Budget Advisory Commission vacant,
effective as of April 20, 1995; instructing the City Clerk to post the
CITY OF ~NAHEIM, CALIFORNIA - COUNCIL MINUTES - APRIL 4, 1995
existence of all such vacancies as required by law; and encouraging all
current Commission members to reapply for appointment. (The purpose of this
action is to reconstitute the Commission following the adoption of Ordinance
No. 5485 reducing the size of the Commission from ten to seven members.)
A20. 123: Approving Amendments to Agreements with Disneyland and Disneyland
Hotel for additional police services.
A21. 000: RESOLUTION NO. 95R-54: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE CITY MANAGER TO IMPLEMENT CERTAIN INCREASES
AND DECREASES IN THE RATES CHARGED TO ANAHEIM CUSTOMERS FOR SOLID WASTE
COLLECTION AND DISPOSAL.
Phillip Knypstra, 2520 Gelid Avenue, Anaheim, pointed out that the City
Manager in this item is asking for approval for rate increases for solid waste
collection, in case the County raises the gate fee. This rate increase will
be enacted without any public debate.
Jeff Kirsch, 2661 West Palais Road, Anaheim, stated that the automatic passing
on of the increase in rates eliminates any opportunity for negotiating with
the County on these. He recommends the Council vote no.
City Manager James Ruth explained that it is anticipated the County will raise
the landfill "tip" fee, maybe as much as 100%, and this is of concern as the
City's reserves would last about 90 days. The City's billing cycle, together
with the process required to raise fees, would place the reserve and the
general fund in jeopardy. This authorization would include only this
particular fee and is requested due to the unusual circumstances, and to
protect the general fund.
Tom Wood, Deputy City Manager, in response to Council, advised that the solid
waste fund will have $2.2 million at the end of this fiscal year, the
projected raises in tipping fee rates could go from $600,000 to $900,000 per
month. The problem is that this would be an immediate increase, and the City
would have a 60-day lag time to implement a rate increase.
Doris Roush, Streets & Sanitation Manager, advised that the impact of the
estimated rate increase at $35.00 per tip on the residential rate payer would
amount to $4.00 per household per month.
Bill Taormina, 1131 North Blue Gum, Anaheim. He advised that comparable land
fill rates in the urban area are anywhere from $75 to $15 per ton. He related
the history of the 1990 Orange County increase where his firm diverted waste
to the Los Angeles area and enjoyed lower rates. This caused the Orange
County rates to be frozen for five years, and the County System has been
operating at a $50 million deficit. He noted that the City of Anaheim will be
in a better position than most cities because of its recycling program,
Anaheim pays only for what is in the black barrel, whereas other cities pay
for everything at curbside.
At the conclusion of discussion Mayor Daly and Council Member Lopez requested
that the City Manager inform the City Council Members immediately when the
rate increase happens. Additionally, Mayor Daly voiced concern that the
cities have an opportunity to respond to this increase, and that the County
provide adequate notice to cities and rate payers of the increase.
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - APRIL 4, 1995
A22. 123: Approving an Agreement with Anaheim Union High School District for
the period of June 1, 1995 through September 30, 1995, to facilitate Summer
Sports Camps.
A23. 114: Approving minutes of the City Council meeting held March 21, 1995.
A23A. 184: Reviewing the need for continuing the Sixth Proclamation of the
Existence of a Local Emergency issued by the Director of Emergency Services on
January 3, 1995, concerning the Santiago Landslide and Pegasus Landslide in
the Ciyt of Anaheim, and taking no action to terminate the local emergency at
this time.
Roll CaLl Vote on Resolution Nos. 95R-50 through 95R-54, both inclusive, for
adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
Tait, Lopez, Zemel, Feldhaus, Daly
None
None
The Mayor declared Resolution Nos. 95R-50 through 95R-54, both inclusive, duly
passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
A24. 130: PUBLIC HEARING - RENEWAL OF MULTIVISION CABLE
TELEVISION'S FRANCHISE WITH THE CITY OF ANAHEIM:
To solicit public input regarding the renewal of a non-exclusive
cable television service franchise with MultiVision Cable
Television in the City of Anaheim.
STAFF REPORT:
Kris Thalman, Intergovernmental Relations Officer noted that the City is in
the process of renewing the franchise for Multivision Cable Television which
expires June 25, 1997. Additionally they have requested this franchise be
transferred to Century Cable. The transfer will be considered as part of the
renewal process. The purpose of this hearing is to receive public comment, to
be included in the record.
In response to Council question, Ms. Thalman advised that the City is
certified to regulate rates with the FCC guidelines. Any change in rates will
be considered as part of the transfer process to insure that rates are not
increased.
Mayor Daly opened the public hearing and invited comments.
Jeff Kirsch, 2661 West Palais Road, stated although he is not a subscriber, he
has had contact with Multivision and has had good to excellent experience. He
noted that he took the public access cable tv classes. They also provided
excellent coverage of the local election campaigns, even to placing tapes of
the debates in the public library system. He suggested that the City and
Multivision consider a partnership to replace the duct-tape used for
connections in the Council Chamber weekly with a hard conduit link.
There were no other public comments.
Mayor Daly closed the public hearing.
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - APRIL 4, 1995
MOTION:
Motion was made by Mayor Daly, seconded by Council Member Zemel
that the public comments received be referred to staff for
analysis. MOTION CARRIED.
ITEMS B1 - B2
DECISION DATE:
1995
FROM THE ZONING ADMINISTRATOR MEETING OF MARCH 16, 1995:
MARCH 23, 1995 INFORMATION ONlY - APPEAL PERIOD ENDS APRIL 7,
B1. 179: CONDITIONAL USE PERMIT NO. 3633 AND NEGATIVE DECLARATION=
OWNER: HARVEY OWEN, 8021 Ninth Street, ~D-2, Buena Park, CA 90621
AGENT: HAKAM ISSA, 2535 West Lincoln Avenue, ~29, Anaheim, CA 92801
LOCATION: 1732 South Euclid Street. Property is approximately 0.55
acre, having a frontage of approximately 102 feet on the east side of
Euclid Street, having a maximum depth of approximately 232 feet and
being located approximately 300 feet north of the centerline of Katella
Avenue.
Petitioner requests an amendment to conditions of approval to permit
alcoholic beverages in addition to beer and wine (previously approved)
within an existing restaurant.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
CUP NO. 3633 APPROVED (Zoning Administrator Decision No. 95-04).
Negative Declaration.
REPORTS AND RECOMMENDATIONS=
B2. 179= VARIANCE NO. 4248 - SUBSTANTIAL CONFORMANCE REVIEW=
REQUESTED BY: MARK H. AND KAMALA BALAN, 406 South Mohler Drive.
LOCATION: 406 South Mohler Drive.
Petitioner requests substantial conformance review pertaining to layout
and design of the proposed detached structure, with waiver of structural
setback and yard area requirements to construct a detached recreation
room with roof-top sun deck.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
APPROVED revised plans as being in substantial conformance with
previously approved plans on file.
END OF THE ZONING ADMINISTRATOR ITEMS.
ITEMS B3 - Bi0 FROM THE PLANNING COMMISSION MEETING OF MARCH 20, 1995
INFORMATION ONlY - APPEAL PERIOD ENDS APRIL 11, 1995:
B3. 179= CONDITIONAL USE PERMIT NO. 3718 AND NEGATIVE DECLARATION=
OWNER: THRIFTY OIL COMPANY, Attn: Gerald Greenberg, 10000 Lakewood
Blvd., Downey, CA 90240
LOCATION: 1881 West Ball Road {Thrifty 0il Service Station). Property
is 0.43 acre located at the northeast corner of Ball Road and Nutwood
Street and described as 1881 West Ball Road (Thrifty Oil Service
Station).
Petitioner requests amendment to conditions of approval pertaining to
removal of service station structures.
ACTION TAKEN BY THE PLANNING COMMISSION:
Amendment to conditions of approval of Conditional Use Permit No. 3718
DENIED (PC95-29) (6 yes votes, i vacancy).
Negative Declaration previously approved.
10
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - APRIL 4, 1995
54. 179: RE(ffr.~SSIFICATION NO. 94-95-06 AND NEGATIVE DECLARATIONs
OWNER: CLAYTON EUGENE SCARBROUGH, TRUSTEE, DONNA J. SCARBROUGH,
TRUSTEE, P.O BOX 18957, Anaheim, CA 92817
AGENT: PENINSULA CENTER, Attn: James A. Hayes, 655 Deepvalley Drive,
Ste 125, Rolling Hills Estates, CA 90274
LOCATIONs 1400 South Douqlass Road (Oranqe Tree Mobilehome Park).
Property is approximately 25 acres located on the east side of Douglass
Road approximately 1080 feet north of the centerline of Katella Avenue
with a frontage of approximately 995 feet on the east side of Douglass
Road.
Petitioner requests reclassification of the subject property from the
RS-A-43,000 (MHP) (Residential/Agricultural~ Mobilehome Park Overlay)
Zone to the RS-A-43,000 (Residential/Agricultural) Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 94-95-06 GRANTED (PC95-30) (6 yes votes, 1
vacancy).
Approved Negative Declaration.
55. 179: CONDITIONAL USE PERMIT NO. 3656 AND NEGATIVE DECLARATION:
OWNER: LEILA LOUISE SLAYTON AND RALPH E. SLAYTON, 2660 W. Lincoln Ave.,
Anaheim, CA 92801
AGENT: .KAMLESH PATEL, 2662 W. Lincoln Ave., Anaheim, CA 92801
LOCATION: 2662 West Lincoln Avenue. Property is approximately 0.49
acres located at the southwest corner of Lincoln Avenue and Stinson
Street.
Deletion or modification of conditions pertaining to on-premise sale and
consumption of beer and wine in a 2,264-square foot restaurant.
ACTION TAKEN BY THE PLANNING COMMISSION:
Amendment to CUP NO. 3656 APPROVED to expire 3/20/96 (PC95-31) (6 yes
votes, I vacancy).
Negative Declaration previously approved.
56. 179: WAIVER OF CODE REQUIREMENT~ CONDITIONAL USE PERMIT NO. 3747 AND
NEGATIVE DECLARATION:
OWNER: CANYON PLAZA SHOPPING CENTER, IMPERIAL PROPERTIES, Attn: James
E. Dobrott, 3146 Red Hill, Ste. ~150, Costa Mesa, CA 92626
AGENT: HARRY S. WEINROTH, P.O. BOX 1566, San Juan Capistrano, CA
92693
LOCATION: 5741~ 5757 and 5791 Santa Ana Canyon Road. Property is
approximately 15.33 acres located at the northeast corner of Santa Aha
Canyon Road and Imperial Highway and further described as 5741, 5757 and
5791 East Santa Ana Canyon Road.
To permit 1,500-square feet of outdoor seating area in conjunction with
various restaurant uses with waiver of minimum number of required
parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3747 GRANTED (PC95-32) (6 yes votes, 1 vacancy).
Waiver of code requirement APPROVED.
Approved Negative Declaration.
57. 179~ CONDITIONAL USE PERMIT NO. 3749 AND NEGATIVE DECLARATION:
OWNER: ELLAS PROPERTIES INCORPORATED, 5395 E. La Palma Avenue, Anaheim,
CA 92807
AGENT: WARE AND MALCOMB ARCHITECTS, Attn: John Thomas, 18002 Cowan,
Irvine, CA 92714
LOCATION: 1400 N. Brasher Street. Property is approximately 1.34 acres
located on the east side of Brasher Street and approximately 810 feet
north of the centerline of La Palma Avenue.
11
CITY OF ANAHEIMt CALIFORNIA - COUNCIL MINUTES - APRIL 4t 1995
To permit a business office in the ML (Limited Industrial) Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3749 GRANTED (PC95-33) (6 yes votes, I vacancy.)
Approved Negative Declaration.
B8. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3748 AND
NEGATIVE DECLARATION:
OWNER: RICHARD C. HUNSAKER, TRUSTEE of The Hunsaker Family Trust, P.O.
Box 2423, Santa Ana, CA 92707
AGENT: Vince Scocozza, 324 S. Palo Cedro, Diamond Bar, CA 91789
LOCATION: 2765 Reqal Park Drive. Property is approximately 1.5 acres
located on the north side of Regal Park Drive and approximately 240 feet
west of the centerline of Blue Gum Street and further described as 2765
Regal Park Drive.
To permit a physical fitness training center (Kung Fu School) with
waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3748 GRANTED (PC95-34) (6 yes votes, 1 vacancy).
Approved waiver of code requirement.
Approved Negative Declaration.
Bg.
179: VARIANCE NO. 4269 AND NEGATIVE DECLARATION:
OWNER: RUDOLPH M. BRACHO, ROSEMARIE BRACHO, STEPHEN C. WILLIAMS, and
MONICA HORMAZA WILLIAMS, 18997 Villa Terrace, Yorba Linda, CA 92686
LOCATION: 122 South Walnut Street. Property is approximately 0.13 acre
located on the south side of Walnut Street and approximately 300 feet
south of the centerline of Center Street.
Waivers of minimum floor area, minimum structural setback and minimum
number of parking spaces to retain a second dwelling unit.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4269 DENIED (PC95-35) (6 yes votes, i vacancy).
Approved Negative Declaration.
REPORT AND RECOMMENDATION ITEMSI
B10. 179: CONDITIONAL USE PERMIT NO. 3667 - SUBSTANTIAL CONFORMANCE
DETERMINATION REQUEST:
REQUESTED BY: BUNDY, FINKEL ARCHITECTS, ATTN: TIMOTHY BUNDY, 20331
Irvine Avenue, Suite 7, Santa Ana Heights, CA 92707
LOCATION: 125 N. Brookhurst Street.
Petitioner requests substantial conformance determination for a
freestanding sign (adjacent to Brookhurst Street) in conjunction with
Conditional Use Permit No. 3667 (to permit a full-service carwash with
related retail sales area a self-serve automated carwash and an
automobile lube/oil facility).
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined that the freestanding sign, as modified at the meeting, is in
substantial conformance.
Bll. 179: CONDITIONAL USE PERMIT NO. 3658 - REQUEST FOR EXTENSION OF TIME TO
COMPLY WITH CONDITIONS OF APPROVALs
REQUESTED BY: C.B. Commercial, Attn: Jacqueline Ortega, 3501 Jamboree
Rd., $100, Newport Beach, CA 92660
LOCATION: 5620 E. Santa Aha Canyon Road.
Petitioner requests an extension of time to comply with conditions of
approval for Conditional Use Permit No. 3658 (to permit an 8,710-square
foot semi-enclosed restaurant with on premise sale and consumption of
12
CITY OF ANAHEIH, CALIFORNIA - COUNCIL MINUTES - APRIL
alcoholic beverages and roof-mounted equipment and with waiver of
minimum number of spaces) to expire March 7, 1996.
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED request for extension of time to comply with conditions of
approval for CUP NO. 3658 (to expire 3/7/96).
END OF THE PLANNING COMMISSION ITEMS.
DL. 000-' CONTINUED PUBLIC HEARING - PUBLIC STREET FACILITIES
PLAN ESTABLISHMENT OF A CERRITOS AVENUE~DOUGLAS8 ROAD AREA STREET
REIMBURSEMENT FEE PROGRAM:
TO consider the adoption of a resolution establishing the Cerr£tos
Avenue/Douglass Road Area Street Reimbursement Fee Program. at an estimated
current cost of SO/acre against Parcel A and $4,512/acre against Parcel B.
Continued from the meetings of March 14, and March 21, 1995. )
Published: North Orange County News - February 9 and February 16, 1995.
STAFF REPORT:
Gary Johnson, Public Works Director, stated this hearing is the result of a
request submitted by Tejas Partners for establishment of a benefit district
concerning the improvements made on Douglass Road and Cerritos Avenue, as
required in Conditional Use Permit No. 3700. Staff initiated a study to
allocate costs on a fair share basis to all properties. Mr. Johnson
referenced the letters submitted and comments developed in response to these
in the March 27th staff report. The City Council options are to approve the
request by Tejas and the staff recommendation; to approve the request and
modify the staff recommendation; or, to deny the request.
Mr. Johnson also explained that in the process of establishing a reimbursement
district the costs are to be assigned to properties which benefit from the
improvements, and the City is not directly involved in the fee program. In
this case there are two properties and those are the only two which have been
assigned assessments. The fee proposed is a staff recommendation.
Jack White, City Attorney clarified for Council and the record that the
documents constituting the record of this issue are as follows:
Staff report dated March 1, 1995.
Staff report dated March 27, 1995.
Notice of Public Hearing published January 26, 1995
The Cerritos Avenue Douglass Road Street Reimbursement Fee Study dated
January 1995.
Letters from 1) Tejas Partners dated March 9, 1995; 2) Hart, King &
Coldren dated March 10, 1995; 3) Clayton Eugene Scarbrough dated
March 3, 1995;
Mayor Daly opened the public hearing.
William Allen, on behalf of Tejas Partners, stated that the creation of this
benefit assessment district was requested by their firm. He noted that the
City's report allocates the cost according to frontage on Douglass Avenue,
whereas they believe it would be more fair to establish the cost according to
acreage.
Robert Mulvihille, representing Campanula Properties, holder of a long-term
lease on parcel B, which is currently the Orange Tree Mobile Home Park, stated
13
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - APRIL 4, 1995
that they would request the Council not establish the cost reimbursement
district. He submitted a supplementary letter dated April 4, 1995 outlining
the reasons for their opposition. (Mr. Mulvihille read the reasons for
opposition into the record.)
There were no additional persons to speak. Mayor Daly closed the public
hearing.
Jack White, City Attorney addressed his responses to a number of legal issues
raised by Mr. Mulvihille as follows:
Regarding the statement that parcel B is not "undeveloped property" -
Mr. White submitted copy of the conversion impact report submitted in a
hearing which has been proceeding contemporaneously with this process on a
different subject; also a statement submitted by OrangeTree Mobile Home Park
dated January 15, 1995 indicating there were seven mobile homes existing in
the park; extract from the minutes of the Planning Commission meeting of March
6, 1995 concerning the proposed Reclassification 94-95-06 relating to Orange
Tree Mobile Home Park at which it is represented to the Planning Commission
that there were only two tenants remaining in the park, and each had been
served 60-day notices to vacate, and that the park had been closed since March
1, 1995. Consequently there is a situation where City staff believe the
property is undeveloped to meet the requirement in the Code for establishment
of a benefit district.
Regarding the issue of retroactivity, too early or too late -
Mr. White noted this process is authorized by the Municipal Code and
does not violate due process of law. Section 17.08 provides that fees can be
based on either the actual or estimated cost of improvements. The statement
that the interest on fees commences to accrue on the date of completion of
improvements or date of adoption of the plan for the benefit district,
whichever is later, contemplates that the improvements can be in place.
Regarding the issue of due process -
Mr. White stated the whole purpose of this hearing is for due process.
Notice was given, the City Council will have opportunity to make an
appropriate decision, including whether the improvements are necessary, the
cost and spread of the assessment.
Regarding the fact that parcel B may not ultimately be used as a parking
lot -
Mr. White noted that regardless of its use, there will be some parking
needs generated from the parcel. Later on, if the assessment is incorrect,
there is a mechanism for changing the fees.
Regarding the statement that the City Council has the ability to exclude
a parcel if not to be developed within one year's time - Mr. White stated this
is correct, but it is discretionary with the Council.
Regarding Arena construction issues -
Mr. White noted that the City's General Plan, written before the Arena
was contemplated, provided for certain street improvements in this area. The
EIR for the Arena identified specific mitigation measures. The street impacts
were completely mitigated by improvements installed by the Arena project.
14
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES - APRIL 4~ ~995
COUNCIl DISCUSSION:
Council Member Feldhaus stated his problem with this assessment is that no one
knows what parcel B will generate as it is not known what use will be placed
there.
Council Member Tait also indicated that the use assumed for parcel B seems too
speculative at this point.
City Attorney Jack White suggested as an alternative that the City Council
could consider placing a covenant (with the permission of the property owner)
on the property to defer assessment until such time as development occurs.
Mr. Mulvihille stated that he represents Campanula Properties, Inc. only, and
cannot speak to that issue now, but is certainly willing to discuss it with
his client.
Jack White suggested that the matter be continued and in the interim, that
Clayton Scarbrough be contacted regarding this alternative as well.
MOTION:
Mayor Daly moved to continue this public hearing for two weeks to
the meeting of April 18, 1995. Council Member Lopez seconded the
motion. Council Member Zemel voted no on this item. MOTION
CARRIED.
D2. 164= CONTINUED PUBLIC HE~RING - TO CONSIDER THE APPROVAL OF
ORDINANCES TO AMEND TITLE 10, CHAPTER 10, OF THE ANAHEIM
MUNICIPAL CODE, AND RESOLUTIONS FOR THE ESTABLISHMENT OF SANITARY
SEWER AND STORM DRAIN IMPACT AND IMPROVEMENT FEES FOR THE SOUTH
CENTRAL ~REA OF ANAHEIM:
Continued from the meeting of March 28, 1995.
The Ordinances proposed are:
ORDINANCE NO. : Amending Chapter 10.12 of Title 10 of the Anaheim
Municipal Code establishing a Sewer Impact and Improvement Fee for new and
expanded development in the South Central City Area.
ORDINANCE NO. : Adding Chapter 10.14 of Title 10 of the Anaheim Municipal
Code establishing a Storm Drain Impact and Improvement Fee for new and
expanded development in the South Central City Area of the City of Anaheim.
Published: North Orange County News - February 9 and February 16, 1995.
STAFF REPORT:
Gary Johnson, Public Works Director noted that a presentation was made on
March 28, 1995 and he would not repeat same, but would entertain questions.
At Mayor Daly's request, Russell Maguire, Deputy City Engineer went over the
maps and explained the boundaries of the drainage districts involved.
Council Member Lopez questioned why the boundary for the South Central area
goes all the way north to Lincoln Avenue and east to Sunkist Street.
It was explained by Mr. Maguire that in order to establish any drainage area
the City must consider for inclusion all of the area which is tributary to it
and the area to which the water flows, so as to properly size the drainage
facilities. The fee proposed will only apply to new development.
15
CITY OF ~,NAHEIH~ C~L~FORN~ - COUNCIL HINUTES - &PR~L 4~ 1995
Mr. Johnson added that if the entire drainage basin were not included the fee
program would be easily contested by the owners of undeveloped property within
the area. The philosophy of the revitalization financing program was that the
area-wide infrastructure would be primarily financed by current fees and a
portion of the 2% increase in transient occupancy tax. The program is not
capable of financing the infrastructure without some modest fee, or otherwise
the City will need to find some other revenue stream.
Council Member Zemel questioned whether any portion of the drainage planning
should be scaled down due to changes in the Westcot proposal.
The response was that for storm drainage planning the guiding element is the
amounts the county will allow us to discharge, not so much the development.
Council Member Zemel pointed out paragraphs included in both ordinances which
indicate that the assessment or improvement may be provided by the
Redevelopment Agency and questioned these.
It was explained that these are fairly standard clauses, included at the
request of Community Development Department to allow flexibility, so as to
allow the Agency to pay assessments or provide improvements as part of an
inducement package.
Mayor Daly opened the public hearing.
Joe White, 809 West Broadway, Anaheim. He stated he sees no need for the
drains in his area and is opposed.
Steve White, 816 North Clementine, Anaheim. As a realtor selling property in
the area, he noted that there will be a necessity for disclosing the sewer and
storm drain assessment to potential buyers. He also commented that he has a
client who owns property at 1131 South Walnut and is marketing this as a site
for 5 single family homes. She subscribes to local papers, but had no
information regarding this hearing. He believes there has not been adequate
notice given.
There were no additional speakers.
Mayor Daly closed the public hearing.
Concerning legal notice, it was explained that the requirements were met by
advertisement in the local paper. Additionally, this action follows and was
contemplated during the long process of many advertised public hearings
concerning the EIR and actual plans for the Disney expansion and Anaheim
Resort.
At the conclusion of discussion, Council Member Lopez stated he could not
support this proposal because the area included is too big, and it does not
make sense to him to add these costs to the citizens of Anaheim when it will
accommodate the resort area.
In response to Council Member Zemel's concern relative to the discretion
provided for the Agency/Council to provide improvements or pay for
assessments, the City Attorney indicated he would draft revisions with tighter
language to be presented as alternate ordinances.
Mayor Daly offered Ordinance Nos. 5490 and 5491 for first reading.
16
CITY OF ANAHEIH~ CALIFORNIA - COUNCIL HINUTES - APRIL 4~ 1995
ORDINANCE NO. 5490: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING CHAPTER 10.12 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING
A SEWER IMPACT AND IMPROVEMENT FEE FOR NEW AND EXPANDED DEVELOPMENT IN THE
SOUTH CENTRAL CITY AREA.
ORDINANCE NO. 5491: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ADDING CHAPTER 10.14 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING A
STORM DRAIN IMPACT AND IMPROVEMENT FEE FOR NEW AND EXPANDED DEVELOPMENT IN THE
SOUTH CENTRAL CITY A~tEA OF THE CITY OF ANAHEIM.
Cl. 114: COUNCIL COMMENTS:
165/164: Council Member Lopez requested that the City's policies regarding
tree removal, sidewalk replacement and sewer repair be placed on the agenda.
Council Member Lopez also commented that he did not believe the City of
Anaheim received sufficient coverage in local newspapers. He suggested a
letter be written to local papers to ask for more coverage.
Mayor Daly requested that the City Manager follow up on a request for a
traffic light received from Steven Barons, Robin Hills Homeowners Association,
due to the recent opening of Imperial Highway.
Mayor Daly complimented staff and the advisory boards concerning the historic
lighting fixtures which have been placed in downtown Anaheim.
C2. 112: REPORT ON CLOSED SESSION ACTIONS: City Attorney White
stated that there are no actions to report.
RECESS - CLOSED SESSION: On motion by Mayor Daly, seconded by Council Member
Feldhaus, the City Council recessed to closed session. Motion Carried.
(9:47 p.m.)
ADJOURNMENT: By general Council consent the City Council meeting of April 4,
1995 was adjourned. (10:25 p.m.)
The next City Council meeting will be held on April 18, 1995.
no Council meeting on April 11, 1995 due to Easter vacation.
LEONORA N. SOHL, CITY CLERK
There will be
17