1995/05/23CITY OF 2~AHE~'M~ CAL~'FORN?~ - COUNCIL M'I'NUTES
l(&~' 23~ 1995
The City Council of the City of Anaheim met in regular session.
PRESENT=
PRESENT=
ABSENT=
PRESENT=
MAYOR= Daly (entered during Closed Session)
COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus
COUNCIL MEMBERS~ None
CITY MANAGER= James Ruth
CITY ATTORNEY= Jack White
CITY CLERK= Leonora N. Sohl
ASSISTANT CITY CLERK: Ann M. Sauvageau
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT:
PLANNING DIRECTOR: Joel Fick
UTILITIES GENERAL MANAGER: Edward Aghjayan
Lisa Stipkovich
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 2=20 p.m. on May 19, 1995 at the Civic Center kiosk, containing all
items as shown herein.
Mayor Pro Tem Feldhaus called the meeting to order at 3=20 p.m.
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=
1.CONFERENCE WITH LEGAL COUNSEL PURSUANT TO ~OVERNMENT 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.
2.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.
3.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
4.CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property~ (1) 1621 Douglass Rd.~ (2) 1133 Homer St. and 1170 Anaheim
Blvd.
Negotiating parties= City of Anaheim and County of Orange
Under negotiation= Prices and terms
MOTION: To recess to Closed Session for the following purposes=
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - May 23, 1995
5.PUBLIC EMPLOYEE APPOINTMENT
Title= Finance Director
6.CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator= Dave Hill
Employee organization= Anaheim Police Association
RECESS=
Mayor Pro Tem Feldhaus moved to recess into Closed Session. Council
Member Tait seconded the motion. Mayor Daly was absent. MOTION CARRIED.
( 3=21 p.m.)
Mayor Daly entered Closed Session at approximately 3=30 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=30 p.m.).
INVOCATION=
Pastor Bryan Crow, Garden Church, gave the invocation.
FLAG SALUTE=
The Flag Salute was given by the youngsters of Celebration U.S.A.
introduced by Paula Burton, President, The Committee for Celebration
U.S.A. She also explained the mission of the organization.
119 .' PRESENTATIONS
PROCLAMATION recognizing May 21 - 27, 1995, as
National Public Works Week in Anaheim.
Gary Johnson, Director of Public Works accepted the Proclamation and
introduced and acknowledged his staff members who were responsible for
carrying out the various Public Works programs and projects in the City.
DECLARATION OF RECOGNITION= A Declaration of Recognition was unanimously
adopted by the City Council recognizing Daniel F. Zettler, recipient of the
United States Small Business Administration 1995 "Young Entrepreneur of the
Year" award on a local, regional and State level. Mr. Zettler is founder of
Zet-Tek, Inc., an Anaheim based manufacturer of medical, surgical and
electronic components.
Mr. Matt Holder, representative from State Senator John Lewis' office was also
present to congratulate Mr. Zettler on being so honored and also presented him
with a resolution recognizing and commending him on his accomplishments.
Mayor Daly and Council Members congratulated Mr. Zettler noting his important
contribution to the Anaheim community.
DECLARATIONS OF RECO~NXTION were unanimously adopted by the City Council to be
presented to major donors of the "Paint Your Heart Out Anaheim" project.
Mr. Keith Olesen, Co-Chairman of Paint Your Heart Out introduced the honorees.
They were presented with T-shirts and simulated paint cans containing jelly
beans. Mr. Olesen was accompanied by Officer Ben Hinsdorf, the other Co-
Chairman of the program. (Honorees were Anaheim Plaza, California Angels,
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - May 23; 1995
Dutch Boy Paints, Elmer Jenkins/EBP Construction, John Hanger/Broadway
Construction, Times/Orange County, North County News, The Home Depot, Tom
Hollywood, Lester Terrell and Bob Kilcullen/U.S. Guards Company).
Mayor Daly, on behalf of the Council and the City commended all those involved
in the Paint Your Heart Out Program acknowledging it as one of the most
important efforts directly improving the quality of the City's neighborhoods.
The City and the citizens are most appreciative of this excellent volunteer
program.
RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIMEs
PROCLAMATXON recognizing June 4, 1995, as
Heritage Day at Oak Canyon Nature Center.
PROCLAMATION recognizing May 26, 1905, as
Anaheim Masonic Lodge $207 Day.
PROCLAMATION recognizing the week of June 4 - 10, 1995, as
National Garden Week in Anaheim.
CALIFORNIA ANGELS - GENE AND JACKXE AUTRYz Earlier today, City government,
the Chamber of Commerce and the business community had organized an event
which paid special tribute to Gene and Jackie Autry, owners of the California
Angels, recognizing their involvement in the Anaheim Community. This coming
Friday, the Annual Angel'8 Luncheon will be held at the Anaheim Hilton where
the community salutes the California Angels.
FINANCIAL DEMANDB AGAINBT THE CITY in the amount of $6,621,644.28 for
the period ending May 19, 1995, in accordance with the 1994-95 Budget, were
approved.
Mayor Daly recessed the City Council meeting until after the Redevelolxnent
Agency and Housing Authority meetings. ( 6=05 p.m.)
Mayor Daly reconvened the City Council meeting. ( 6~16 p.m.)
ADDITIONS TO THE AGENDA~
There were no additions to agenda items.
ITEMS OF PUBLXC XNTERESTs
Mr. Amin David, 419 8. Colt St., Anaheim. He read a prepared statement (see
Statement to Anaheim City Council - Amin David, Chair, Los Amigos of Orange
County - 5/23/95 -- made a part of the record). The statement spoke to an
alleged "code of silence" operative in the Police Department (see "Opinion and
Award" dated 8/31/94 - AAA No. 72-390-0018-93 attached to the aforementioned
statement) and that the Council must bring the issue to light.
PUBLIC COMMENTS - AGENDA XTEMS~
Public input received on Items A7 and Cl. See discussion under those items.
Mayor Daly. He is aware that many people are present to speak on Item Cl.
(discussion on Measure R). They are invited to do so at this time or when the
item comes up on the agenda in due course.
CITY OF ANAHEIMv CALIFORNIA -'COUNCIL MINUTES - May 23, 1995
MOTION
Mayor Daly moved to waive reading in full of all ordinances and
resolutions to be acted upon for the Council meeting of May 23.
Council Member Zemel seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR~
on motion by Mayor Daly, seconded by Council Member Zemel, the following items
were approved in accordance with the reports, certifications and
recommendations furnished each Council Member and as listed on the Consent
Calendar~ Mayor Daly offered Resolution Nos. 95R-79 and 95R-80 for adoption
and offered Ordinance No. 5497 for adoption. Refer to Resolution/Ordinance
Book.
Al. 118= Rejecting and/or denying certain claims filed against the City.
a. Claim submitted by Karen Dotson for property damage sustained
purportedly due to actions of the City on or about March 20, 1995.
b. Claim submitted by Orange County Self-Help Center for property
damage sustained purportedly due to actions of the City on or about
December 1, 1994.
c. Clain~submitted by William Raymond Lynn, Jr. for bodily injury
sustained purportedly due to actions of the City on or about
May 4, 1994.
d. Claim submitted by Don E. and Florence A. Schaffer for property
damage sustained purportedly due to actions of the City on or about
January 6, 1995.
A2.
e. Claim submitted by ~Laher-Brame Trust No. i for property damage
sustained purportedly due to actions of the City on or about
January 6, 1995. ~
105~ Receiving and filing miAutes of the Community Redevelopment
Commission and Private Industry Council Input Workshop -
Consolidated Planning Document meeting held March 8, 1995.
Receiving and filing minutes of the Community Redevelopment
Commission meeting held March 15, 1995, and the special meeting of
March 22, 1995.
117: Receiving and filing a Summary of Investment Transactions for
April, 1995, as submitted by the City Treasurer.
173= Receiving and filing a Notice of Proposed Rate Increase by Southern
California Gas Company, 1996 Cost of Capital Application No. 95-05-
021, which could increase gas rates, effective January, 1996, if
approved by the Commission.
173~ Receiving and filing the Application of Southern California Edison
Company (U 338-E) filed before the Public Utilities Commission of
the State of California for authority to~ (i) Maintain its
authorized return on common equity~ (ii) adjust its authorized
capital structure~ (iii) adjust cost embedded debt and preferred
stock~ and (iv) receive related substantive and procedural relief
(Application No. 95-05-023).
C'rTy OF ANAHE~'M~ CAL'rFORNTA - COUNCIL ~TNUTE8 - Ma~ 23~ 1995
105= Receiving and filing minutes of the Senior Citizens Conunission
meeting held April 13, 1995.
105= Receiving and filing minutes of the Community Services Board
meeting held April 13, 1995.
A3. 1232 Approving four Local Agency-State Agreement Supplements for street
pavement rehabilitation/reconstruction (Ball Road, Anaheim
Boulevard to East Street~ Ball Road, Anaheim Boulevard to Harbor
Boulevards Kraemer Boulevard, La Palma Avenue to south City limits~
and La Palma Avenue, Acacia to East Street).
A4. 167= ORDINANCE NO. 5498 (INTRODUCTION)= AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SECTION 14.40.030 OF CHAPTER 14.40 OF TITLE 14 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO SPEED LIMITS ON CERTAIN
STREETS (portions of Monte Vista, Ninth Street and Camino Manzano).
AS.
169= Awarding the contract to the lowest responsible bidder, R. K. Allen
Landscape Construction, in the amount of $84,818.30 for Anaheim
Museum Site Improvements~ and in the event said low bidder fails to
comply with the terms of the award, awarding the contract to the
second low bidder, as well as waiving any irregularities in the
bids of both the iow and second low bidders.
A6.
160~ Accepting the low bid of Nobest, Inc., in an amount not to exceed
$650,000 for the removal and replacement of residential sidewalks,
curbs, parkways, gutters, cross gutters, catch basins, and access
ramps for a period of one year beginning July 1995, with options to
renew for an additional three years, in accordance with Bid $5386.
A7.
160~ Accepting the bid of Krell Telecom and Technologies, Inc., in the
amount of $30,000 for one video teleconferencing coder and decoder,
including hardware and installation, in accordance with Bid $5370
(Utilities).
Jeff Kirsch, 2661 W. Palais, Anaheim. He posed several questions on this item
because he could not find answers in the material presented by staff.
Mr. Ed Aghjayan, Public Utilities General Manager. This will actually
complete the video teleconferencing capability at City Hall West. Once
completed, it will be used for video meetings with their consultants, many of
whom are located in Washington, D.C. or New York. He does not have a specific
number on how much will be saved, but cost per trip is approximately $1,000 to
$1,500. It would nOt take many trips to justify the cost.
AS.
160= Accepting the low bid of Pak West Paper & Chemical, in an amount
not to exceed $42,237.87 for 28 types of janitorial supplies as
required for the period of July 1, 1995 through June 30, 1996, in
accordance with Bid $5385.
Ag.
160~ Accepting the low bid of Transcontinental Sales Company, in an
amount not to exceed $48,000 including tax, for wildland fire-
fighting protective garments, in accordance with Bid $5371.
Al0. 1602 Accepting the low bid of Morrison Tire, Inc., in an amount not to
exceed $50,000 for Goodyear police vehicle tires as required for
the period of July 1, 1995 through June 30, 1996, in accordance
with Bid $5389.
5
C'rTY OF ANAHE~M~ CAL'rFORN'rA - COUNCTL H~NUTE8 - l, Sa~ 23~ 1995
All. 160~ Accepting the low bid of Softmart, Inc., in an amount not to exceed
$150,000 for software and software support as required for the
period of May 24, 1995 through June 30, 1996, in accordance with
Bid $5384.
A12. 160~ Accepting the bid of Silvia Construction, Inc., in an amount not to
exceed $250,000 for the rental of asphalt recycling equipment for a
period of one year commencing July 1, 1995, with the option to
renew for an additional three years, in accordance with Bid ~5392.
A13. 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 City of Anaheim~ and taking no action to
terminate the local emergency at this time.
A14. 179= ORDINANCE NO. 5497~ AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
VARIOUS SECTIONS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO ZONING (communications antennas). (Introduced at the meeting of
May 16, 1995, Item A16.)
Joel Fick, Planning Director explained for the Mayor that staff has been
working with companies in the area and in particular one major company on an
overall master plan for antenna facilities throughout the City. Further, staff
will forward the ordinance to those who would be affected. With regard to
existing installations, staff will survey and document those. Some do have
time limitations.
Council Member Tait. He is voting NO on this item.
Al5. 177~ Authorizing the Mayor to execute letters of endorsement for
applications for 150 units under the Section 8 Mainstream Housing
O~portunitiee For Persons With Disabilities Program and for 10
units under the Section 8 Subprogram For Homeless Families.
A16. 123= Approving purchase and sale agreements and escrow instructions with
Mitsubishi Motors of America and General Motors Corporation for the
sale of eight acres of land on Sanderson Avenue (Anaheim Auto
Center property)~ and finding and determining that such sale,
without advertising for bids, is in the best interests of the City,
and waiving the bidding requirements of Section 1222 of the City
Charter (2/3/vote required).
Council Member Feldhaus posed questions relative to the statement in the staff
report that Mitsubishi is expecting to generate approximately ten million
dollars in sales. He asked over what period of time and if that was still
viable in light of the 100% import tax on Japanese cars.
Lisa Stipkovich, Executive Director of Community Development. It is the
estimate of annual sales for that particular dealership and a projection done
prior to the proposed trade sanctions.
A17. 153~ RESOLUTION NO. 95R-79~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ADOPTING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM
POLICE ASSOCIATION, AND THE CITY OF ANAHEIM, CREATING ARTICLE
60A-FITNESS FOR DUTY.
6
CITY OF ANAHEIMv CALIFORNIA - COUNCIL MINUTES - M&y 23v 1995
(Council Member Lopez, as a result of correction to minutes made at the
June 6, 1995 meeting, abstained due to conflict.)
A18. 000= Approving a partial fee waiver for Orange County Association for
Retarded Citizens (OCARC) to hold two holiday dances at Martin
Recreation Center on November 3, 1995, and December 8, 1995, for
developmentally disabled adults in Anaheim and the local area.
Al9. 114~ Approving minutes of the City Council meetings held April 25, 1995,
and May 2, 1995.
A20. 158= RESOLUTION NO. 95R-80~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL
PROPERTIES OR INTERESTS THEREIN TO THE CITY.
Roll Call Vote on Resolution No. 95R-79 for adoption,
AYES= MAYOR/COUNCIL MEMBERS= Tait, Zemel, Feldhaus, Daly
NOES= MAYOR/COUNCIL MEMBERS= None
ABSENT~ MAYOR/COUNCIL MEMBERS= None
ABSTAINED= MAYOR/COUNCIL MEMBERS= Lopez
The Mayor declared Resolution No. 95R-79 duly passed and adopted.
Roll Call Vote on Resolution No. 95R-80 for adoption=
AYES= MAYOR/COUNCIL MEMBERS= Tait, Lopez, Zemel, Feldhaus, Daly
NOES ~ MAYOR/COUNCIL MEMBERS: None
ABSENT = MAYOR/COUNCIL MEMBERS = None
The Mayor declared Resolution No. 95R-80 duly passed and adopted.
Roll Call Vote on Ordinance No. 549? ~or adoption~
AYES: MAYOR/COUNCIL MEMBERS: Lo~ez, Zemel, Feldhaus, Daly
NOES = MAYOR/COUNCIL MEMBERS ~ Tait
ABSENT = MAYOR/COUNCIL MEMBERS = None
The Mayor declared Ordinance No. 5497 duly passed and adopted.
END OF CONSENT ~?.~NDAR. MOTIONS Ct~RRIED. (Council Member Tait voted NO on
Item A14.)
A21. 105: APPOINTMENT TO FILL TBS SENIOR CITIZEN8 COMMISSION VACANCIES:
Appointment to the Senior Citizens Commission to fill the
unscheduled vacancy of William Erickson (term ending 6/30/97) and
Kincannon (term ending 6/30/96). (Continued from the meeting of
May 9, 1995, Item A19.)
Council Member Lopez nominated Jack Shafer~ Council Member Feldhaus nominated
Victor Green.
Council Member Tait. He requested a continuance on the appointments since he
has not had an opportunity to review the applications.
C~TY OF ANAHE~ CALiFORNiA - COUNCIL ~NUTE8 - ~a~ 23~ ~995
MOTION. Council ~ember Tait moved to continue the subject appointments for
two weeks to June 6, 1995. Mayor Daly seconded the motion. MOTION CARRIED.
A22. 105s APPOINTMENT TO FILL THE PUBLIC LIBRARY BOARD VAC~NCYs
Appointment to the Public Library Board to fill the unscheduled
vacancy of Barbara Whorton (term ending 6/30/95). (Continued from
the meeting of May 9, 1995, Item A20.)
Mayor Daly. He thought there were two vacancies to be filled on the Library
Board after speaking with the Board Chairman.
City Clerk, Lee Sohl. There may be another vacancy created in June because of
a term expiration, but at the present time, there is only one.
Council Member Feldhaus nominated Butt Fink.
Mayor Daly. He noted that both Mr. Fink and Mrs. Taffola have applied and
they are two very well qualified candidates. He would like to place both
individuals on the Library Board if there is a way to do so.
Council Member Lopez. He was going to nominate Mrs. Taffola. He asked if the
matter could be postponed.
City Attorney White. The Council is filling an unscheduled vacancy. The
normal ending of that term is June 30.
MOTION. Mayor Daly.moved to continue appointment(s) to the Library Board to
the last Council meeting in June. Council Member Tait seconded the motion.
MOTION CARRIED.
A23. 10Ss REAPPOINTMENT TO MOTHER COLONY HOUSE ADVISORY BOARDs
Reappointment to the Mother Colony House Advisory Board of Mrs.
Florence Mitchell for a period of four years, commencing
January 1, 1995, and term expiring December 31, 1998.
A24. 105s REAPPOINTMENT TO MOTHER COLONY HOUSE ADVISORY BOARDs
Reappointment to the Mother Colony House Advisory Board of Mr.
Douglas Rennet for a period of four years, commencing
January 1, 1995, and term expiring December 31, 1998.
Council Member Zemel nominated Florence Mitchell and Douglas Rennet for
reappointment to the Mother Colony House Advisory Board for four year terms
ending December 31, 1998.
On Motion by Mayor Daly seconded by Council Member L0~ez, nominations were
closed. MOTION CARRIED.
Mrs. Mitchell and Mr. Renner were thereupon unanimously reappointed to the
Mother Colony House Advisory Board for terms ending December 31, 1998.
A25. 10Ss APPOINTMENT TO MOTHER COLONY HOUSE ADVISORY BOARDs
Appointments to the Mother Colony House Advisory Board to fill the
unscheduled vacancies of Mr. Earl Dahl and Mr. Todd Kaudy terms
expiring December 31, 1998.
Council Member Feldhaus nominated George MacLaren~ Mayor Daly nominated
Dorothy Boege.
CITY OF ANAHE~ CALiFORNiA - COUNCIL ~INUTE8 - ~a~ 2~ ~995
On Motion by Council Member Feldhaus seconded by Mayor Daly, nominations were
closed. MOTION CARRIED.
Mr. MacLaren and Mrs. Boege were thereupon unanimously appointed to the Mother
Colony House Advisory Board to fill the unscheduled vacancies for the terms
ending December 31, 1998.
A26. 1055 APPOINTMENT TO FILL THE COMMUNITY REDEVELOPMENT BOARD~
Appointment to fill the unscheduled vacancy (Bostwick) term ending
June 30, 1998.
Council Member Lopez nominated Steve Sheldon.
Council Member Feldhaus asked if a Redevelopment Commissioner could live on
property located in a Redevelopment area.
City Attorney White. He answered, yes. The limitation is the Commissioner
cannot acquire any property after being appointed. There may be decisions
Commissioners are called upon to make where they would have to abstain due to
a possible conflict but that would be determined on a case-by-case basis. He
does not believe that potential appointees are so advised when they apply, but
are definitely advised at the time of appointment that under the law, they
have to disclose all current interests and that they cannot acquire any new
interests in the Redevelol~nent area.
On motion by Council Member Zemel, seconded by Council Member Feldhaus,
nominations were closed. MOTION CARRIED.
Mr. Steve Sheldon was thereupon unanimously appointed to the Community
Redevelopment Commission for the term ending June 30, 1998.
A27. 105z APPOINTMENT TO FILL THE COMMUNITY SERVICES BOARD VACANCY~
Appointment to fill the unscheduled vacancy (Yawn) term ending
June 30, 1998.
Council Member Zemel nominated Ross Romero.
On motion by Mayor Daly seconded by Council Member Feldhaus, nominations were
closed. MOTION CARRIED.
Mr. Ross Romero was thereupon unanimously appointed to the Community Services
Board for the term ending Jun 30, 1998.
A28. 114~ APPOINTMENT TO AUDIT LIAISON COMMITTEEz
(Committee ha8 one member appointed in February, 1995.)
appoint one of its members.
Council to
Mayor Daly. When liaison appointments were made a few months ago, the Council
neglected to fill the second slot. It is customary that the Mayor and Mayor
Pro Tem serve on this committee which entails meeting with staff periodically
to review the financial audit that is conducted of the City's books.
MOTION. Council Member Zemel moved to appoint Mayor Pro Tem Feldhaus to the
Audit Liaison Committee. Council Member Tait seconded the motion. MOTION
CARRIED.
Mayor Pro Tem Feldhaus was thereupon unanimously appointed the Audit Liaison
Committee.
CI'TY OF ANAHE~'M, CAL?FORN'rA - COUNC1'L M'I'NUTE8 - M&y 23, 1995
ITEH8 B1 - B6 FROM THE PLANNING COHMISSION MEETING OF
I~,Y lv 1995
INFORMATION ONLY - APPEAL PERIOD ENDS I~Y 23, 1995
BI.
179~ VARIANCE NO. 4270, CATEGORICALLY EXEMPT, ~LASS 11~
OWNER= QRE HOLDING COMPANY, 865 S. Figueroa Street, ~3500,
Los Angeles, CA 90017
AGENT~ TRANSTAR COMMERCIAL REAL ESTATE, 2115 W. Crescent Ave.,
~201, Anaheim, CA 92801~ OUTDOOR DIMENSIONS, Attn: Jana Roberts,
1818 E. ~rangethorpe, Fullerton, CA 92631
LOCATION= 2101 - 2121 East Crescent Avenue and 700-720 North
Valley Street (Tri Freeway Commerce Park). Subject property
consists of two (2} irregularly-shaped parcels of land= Parcel 1
consists of approximately 3.4 acres located at the northeast corner
of Crescent Avenue and Valley Street, having approximate frontages
of 490 feet on the north aide of Crescent Avenue and 240 feet on
the east side of Valley Street. Parcel 2 consists of approximately
9.2 acres located north of the Orange County Flood Control Channel
having a frontage of approximately 840 feet on the east side of
Valley Street, having a maximum depth of approximately 890 feet and
being located approximately 360 feet north of the centerline of
Crescent Avenue.
To construct two freestanding monument signs with waiver of
Permitted. number of freestanding signs.
ACTION TAKEN BY THE PLANNING COMMISSION~
Variance No. 4270 GRANTED (PC95-45) (6 yes votes, i absent).
B2.
179z CONDITIONAL USE PERMIT NO. 3753 AND NEGATIVE DECLARATZONz
OWNER= JAMES BOSTICK and ROSEMARY BOSTICK, 15856 Garden Bar Drive,
Grass Valley, CA 95949
AGENT= JAMES H. ELROD, 373 E1 Encanto Drive, Pasadena, CA 91107
LOCATION= 2870 E. La Crests Avenue. Property is approximately
1.88 acres located on the south side of La Cresta Avenue and
approximately 785 feet east of the centerline of Blue Gum Street.
To permit a truck maintenance facility with outdoor storage of
vehicles, fueling islands, vehicle washing facility, vehicle
repair, and office uses.
ACTION TAKEN BY THE PLANNING COMMISSION~
CUP NO. 3753 GRANTED (PC95-46) (6 yes votes, I absent).
Approved Negative Declaration.
B3.
179z WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 3752 AND NEGATIVE DECLARATIONs
OWNER~ CATELLUS DEVELOPMENT CORPORATION, 1065 N. PacifiCenter
Drive, ~200, Anaheim, CA 92806
AGENT= CALIFORNIA DANCE ACADEMY, Attn= Danielle Long, 1265 N.
Manassero Street, ~307, Anaheim, CA 92807
LOCATION= 1265 N. Manassero Street, Ste. 307 and 308. Property is
approximately 8.1 acres located at the northwest corner of La Palma
Avenue and Manassero Street.
To retain a physical fitness center (dance studio/school) with
waiver of minimum number of parking spaces (DELETED).
ACTION TAKEN BY THE PLANNING COMMISSION=
CUP NO. 3752 GRANTED, IN PART, (PC95-47) (6 yes votes, I absent).
No action taken on waiver of code requirement because waiver was
deleted:~
Approved Negative Declaration.
10
CITY OF ANAHE~M~ CALIFORNIA - COUNCIL M~NUTEB - M&~ 23~ L995
B4.
179: WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 3754 AND NEGATIVE DECLARATION:
OWNERs DOW'S ACREAGE, C/O KEWSKI PROPERTY, P.O. Box 6295, Garden
Grove, CA 92645
LOCATION: 128-136 South Brookhurst Street. Property is
approximately 6.99 acres located south and east of the southeast
corner of Lincoln Avenue and Brookhurst Street.
To permit a 6,500-square foot church within an existing shopping
center with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3754 GRANTED for three years (to expire 5/1/95) (PC95-48)
(6 yes votes, i absent).
Approved waiver of code requirement.
Approved Negative Declaration.
A review of the Planning Commission's decision was requested by Council
Members Feldhaus and Zemel, and therefore, a public hearing will be scheduled
at a later date.
BS.
179t CONDITIONAL USE PERMIT NO. 3666
REQUEST FOR RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS
OF APPROVAL.
REQUESTED BY: CONVENTION CENTER INN, LTD. (C/O BHARAT PATEL),
1734 South Harbor Boulevard, Anaheim, CA 92802
LOCATION: 2017 South Harbor Boulevard. Petitioner requests a
retroactive extension of time to comply with conditions of approval
for Conditional Use Permit No. 3666 (to permit an 84-foot high,
5-story, 312-unit motel complex, including the demolition of a
78-unit building and a 3,800-square foot restaurant, remodel of the
existing 122-unit building, and construction of a 190-unit building
and a 5,776-square foot restaurant) to expire April 4, 1996.
ACTION TAKEN BY THE PLANNING COMMISSIONt
Retroactive extension of time for CUP NO. 3666 APPROVED (to expire
4/6/96).
B6.
179: CONDITIONAL USE PERMIT NO. 284
REQUEST FOR INITIATION OF MODIFICATION OR REVOCATION PROCEEDINGS.
LOCATION: 420 South Brookhurst Street.
City initiated request to initiate modification or revocation
proceedings of Conditional Use Permit No. 284 (to establish a
restaurant and cocktail lounge)
ACTION TAKEN BY THE PLANNING COMMISSION:
Initiated revocation and/or modification proceedings.
ITEMS B? - B8 FROM THE v. ONING ADMINISTRATOR MEETING OF
MAY 11v 1995: DECISION DATE= MAY 16, 1995 INFORMATION ONLY-
APPEAL PERIOD ENDS MAY 31, 1995 (FOR CUP NO. 3393) AND MAY 26, 1995
(FOR SPECIAL CIRCUMSTANCES WAIVER 95-03):
BT.
179: CONDITIONAL USE PERMIT NO. 3393
REQUEST FOR A RETROACTIVE TIME EXTENSION TO COMPLY
WITH CONDITIONS OF APPROVAL.
REQUESTED BY: ART BERMUDEZ, 1731 West Katella Avenue, Anaheim, CA
92804
LOCATION: 1731 West Katella Avenue.
Petitioner requests approval of an extension of time to comply with
conditions of approval for Conditional Use Permit No. 3393.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
11
C'rTY OF ANAHE~ C~LIFORN~& - COUNCIL ~TNUTE~ - ~a~ 23~ ~995
Extension of time for CUP NO. 3393 DENIED.
BS.
179~ SPECIAL CXRC~MSTANCES WAIVER 95-03:
REQUESTED BY= ROBERT B. MONTGOMERY, Homestead House, 33850 Colegio
Drive, Dana Point, CA 92629
LOCATION3 1601 E. Cerritos Avenue.
Petitioner requests a 10-day parking lot sale.
ACTION TAKEN BY THE ZONING ADMINISTRATOR~
Special circumstances Waiver 95-03 APPROVED.
Mayor Daly offered Ordinance No. 5499 for first reading.
BS.
179: ORDINANCE NO. 5499 (INTRODUCTION): AMENDING TITLE 18 TO REZONE
PROPERTY UNDER RECLASSIFICATION NO. 70-71-47(43) LOCATED AT
2860 AND 2870 EAST LA CRESTA AVENUE FROM THE RS-A-43,000
ZONE TO THE ML ZONE.
Cl. 171t Discussion requested by Council Member Zemel regarding Measure R.
The following people spoke in opposition to Measure R and urged the Council to
do the same, giving their reasons why, additional comments, and
suggestions/recommendations on how the problem can be resolved without
resorting to taxations
Snow Hume, 1924 Smokewood, Fullerton
Hugh Hewitt, P.O. Box 5209, Irvine, speaking at the request of the
Chairman of the Republican Party of Orange County to explain why the
Central Committee has urged Orange County to vote no.
Jim Righeimer, Spokesman for Citizens Against the Tax and Campaign
Chairman for Congressman Dana Rohrbacher
Bruce Whittaker, 1918 W. Baker Avenue, Fullerton, Spokesman,
Committees of Correspondence
Jeff Farano, speaking on behalf of the Anaheim Chamber of Commerce
Gil Ferguson, Balboa Island, former member of the California legislature
William Hallis, 5075 E. Crescent Avenue, Anaheim
Patrick Quaney, Fountain Valley, active with the Committees of Correspondence
The input received on this matter to this point was heard under Public
Comments on Agenda Items. The following was then discussed and additional
input received when Item C1 was taken up.
Council Member Zemel. He requested the discussion and a resolution of
opposition to be drawn opposing Measure R. The CEO (Chief Executive Officer)
of the County, William Popejoy and Sheriff Brad Gates requested to speak.
Before he (Zemel) speaks, he would like to hear from Mr. Popejoy or Gates or
their representatives.
Mayor Daly. Two weeks ago when the issue came up, he suggested that they hear
from proponents to learn of their rationale for placing the measure on the
ballot. They received a phone call that Sheriff Gates was not going to be
able to attend this evening but is still interested in doing so~ City Manager
Ruth. Mr. Popejoy had a conflict but hoped he would have the opportunity to
address the Council in the future.
Council Member Zemel. He feels it is unfortunate they were not able to send
at least an assistant to speak. He believes the Council should proceed in any
case.
12
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - May 23, 1995
Mayor Daly asked to hear from anyone who did not have the opportunity to speak
earlier in the meeting but would like to do so at this time.
The following people spoke in opposition to Measure R and urged the Council to
do the same, giving their reasons why, additional comments and
suggestions/recommendations on how the problem can be resolved without
resorting to taxation=
Stu Stitch, 2655 Milton, ~12, Fullerton
Tom Steel, 2014 E. Westport Drive, Anaheim
Treva Brown, 1800 W. Gramercy Place, Anaheim
Mr. Jeff Kirsch, 2661W. Palais, Anaheim. He would like to hear points both
pro and con rather than having the Council take a position. Other cities have
sponsored a public forum which would be much more productive in helping the
citizens of Anaheim make an informed decision.
Miriam Kaywood, Anaheim resident and former Anaheim City Council Member. She
is concerned that this tremendously important issue is being discussed and
voted on by the Council without hearing a single word from anybody who has a
different opinion. When people come in from other cities and from political
parties, it changes the tone and tenor of everything ever done in Anaheim.
She is concerned that Council Member Zemel has asked for continuances on minor
consent calendar items while wanting to expedite this issue which is of major
significance and consequence to Anaheim. It is important to get the necessary
input in order to take a stand. She then proceeded to present and read from
documentation which she had but Council Member Zemel interjected and called
for a recess.
MOTION. Council Member Zemel moved for an immediate recess. Council Member
Lopez seconded the motion.
Mayor Daly asked for advice from the City Attorney.
City Attorney White. The motion to recess, if it is approved, takes
precedence over the pending discussion. The motion is debatable.
A vote was then taken on the foregoing motion to recess. MOTION CARRIED.
The City Council recessed for ten minutes. (7=40 P.M.)
After recess, Mayor Daly called the meeting to order, all Council Members
being present. (8~00 P.M.)
Miriam Kaywood. Before the Council takes a public stand on Measure R, she
feels it is extremely important they all understand what that means to
Anaheim. If the measure fails, the City is going to be out 20 million
dollars. She questioned if that occurred, how many people they will be firing
and will there still be a Parks and Recreation Department or any positive
programs for children so they do not join gangs. The time is not so short
that they cannot hear the views on the other side whether presented by someone
from the County or City management. They must know what the effects will be
on the citizens who elected them. It is not crucial that the Council vote
tonight.
Council Member Zemel. He feels it is responsible that people elected to
office take positions on crucial issues, especially tax issues. He does not
believe the people who came tonight did so because the issue is on the ballot,
13
CITY OF ~NAHEIM, CALIFORNIA - COUNCIL MINUTES - May 23, 1995
but because they thought there would be someone from the County to speak.
is sorry that did not happen but time is growing short before the election.
He does not believe the Council should delay or procrastinate. He
complimented and thanked Council Member Tait who agreed to author a
resolution.
He
Council Member Zemel thereupon read the resolution that was prepared and
subsequently offered Resolution 95R-81 for adoption. Refer to resolution
book.
RESOLUTION NO. 95R-81: AN ORDINANCE OF THE CITY COUNCIL OF ANAHEIM
OPPOSING MEASURE R, AN ORANGE COUNTY HALF-CENT SALES TAX INCREASE
ON THE JUNE 27, 1995 BALLOT.
Before a vote was taken, Council Member Tait stated he feels that the sales
tax which will total 8 1/4% is too much. The bottom line to him is, enough is
enough. They have had small doses of 1/2 cent sales taxes and to him such
taxes have reached the outrageous point.
City Manager Ruth then confirmed that the net loss to Anaheim is estimated at
approximately 18 million dollars. What they have done is to draw down on
reserves to be paid back over a period of time until the economy improves. No
loss of service levels is anticipated at this time.
Council Member Feldhaus. He believes that the present 7 3/4% sales tax is too
much. Although he takes no exception to any of the points set forth in the
resolution or with the speakers tonight, he has steadfastly stated
philosophically he does not believe any Council Member should be placed in a
position to state publicly how they are going to vote. He cannot believe how
anyone would want to vote yes on Measure R. When he publicly expressed his
feelings on a former Proposition, he was given a difficult time by some
groups. He does not want the same thing to happen. He reiterated he cannot
imagine anybody wanting to vote for Measure R and he feels the voters are
intelligent enough and will vote their best assessment on the issue. He
intends to abstain on the proposed resolution.
Mayor Daly. He agrees with Mayor Pro Tem Feldhaus. He believes the citizens
can be counted on to make their own individual private decisions. The
suggestion that a public forum should be conducted is a good one. He has also
heard many good solutions this evening. There are many alternatives available
to the County which for some reason the County has not pursued in any
productive way. There are important conservative leaders in the County saying
the future of the County is at stake, property values are at stake, etc., this
from respected business people. Mr. Popejoy is from the private sector and is
volunteering his time and when he subsequently lays out a solution, he is
under siege. This is not a matter that can be simplified. It requires much
consideration and thought. Lives are at stake and public protection is at
issue. In closing, he reiterated he agrees with Mayor Pro Tem Feldhaus that
City government should not be advising citlzene how to vote but allow and
encourage citizens to make a private, individual decision. He believes the
suggestion of a public forum would be more productive.
MOTION. Mayor Daly moved that the resolution offered by Council Member Zemel
(95R-81) be tabled.
Before further action was taken, the City Attorney clarified that the motion
takes precedence. It is debatable and if there is a second, discussion should
14
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - May 23, 1995
be on the motion to table until it is voted on. If it passes, it ends the
discussion. If it fails, the discussion is back to the main motion.
Council Member Feldhaus seconded the motion to table the resolution offered
for purposes of discussion.
Council Member Zemel. He respects the decision of his colleagues not to make
a decision, but not to keep him from making a decision. This is the public
forum and everyone has had a chance to speak. The discussion has been delayed
in order to accommodate everybody. If they choose not to take a position,
that is fine but they should not stop the process. He opposes any motion to
table.
Council Member Lopez. The matter has been delayed several times and he feels
they should be done with it tonight.
A vote was then taken on the motion to table the resolution and failed to
carry by the following vote= Ayes= Daly Noes= Tait, Lopez, Zemel, Feldhaus
Mayor Daly. He called for a roll call vote on Resolution 95R-81 opposing
Measure R.
Before a vote was taken, City Attorney White stated that under the City
Charter, it will require three affirmative votes for adoption and abstentions
do not count as affirmative votes.
Roll Call Vote on Resolution No. 95R-81 for adoption=
AYES: MAYOR/COUNCIL MEMBERS= Tait, Lopez, Zemel
NOES= MAYOR/COUNCIL MEMBERS= None
ABSENT= MAYOR/COUNCIL MEMBERS= None
ABSTAIN= MAYOR/COUNCIL MEMBERS= Feldhaus, Daly
The Mayor declared Resolution No. 95R-81 duly passed and adopted.
D1. 1555 PUBLIC HE~RING - ENVIRONMENTAL IMPACT REPORT NO. 298
AMENDMENT TO THE CYPRESS CANYON SPECIFIC PLAN (SP90-3)
TENTATIVE PARCEL MAP NO. 94-205=
OWNER: COAL CANYON COMPANY, Attn= James O'Malley, 25200 La Paz
Road, Suite 210, Laguna Hills, CA 92653
LOCATION= Subject property which is described as the 697-acre Coal
Canyon property, is generally bordered on the north by the
Riverside (SR-91) Freeway and the Coal Canyon Road interchange, on
the east by unincorporated territory within the County of Riverside
and by the Cleveland National Forest, on the south by
unincorporated territory within the County of Orange in the City of
Orange's sphere-of-influence, and on the west by the Mountain Park
Specific Plan (SP90-4), and further described as the Cypress Canyon
Specific Plan (sPg0-3).
The petitioner requests an amendment to Ordinance No. 5296 Cypress
Canyon Specific Plan (SP90-3) pertaining to conditions of approval
in order to process a tentative parcel map for conveyance purposes
only. The petitioner also requests approval of Tentative Parcel
Map No. 94-205 (within Development Area 12 of the Cypress Canyon
Specific Plan (sPg0-3) in order to create a one-lot parcel map for
conveyance purposes only.
ACTION TAKEN BY THE PLANNING COMMISSION=
15
C~TY OF ~,NAHE~ CP, L~FORN~ - COUNCIL ~NUTES - ~&~ 23~ L995
Tentative Parcel Map No. 94-205 is conditional upon finalization of
the Specific Plan (sPg0-3) (5 yes votes, 2 absent).
Amendment to the Cypress Canyon Specific Plan (SP94-205) to be
scheduled for a public hearing before the City Council.
EIR NO. 298 previously certified.
Informational item at the meeting of April 25, 1995, Item B6.
Set for public hearing due to the Specific Plan.
Public Hearing Requirements met by~
Legal Advertising published - May 11, 1995
Mailing to property owners within 300 feet - May 11, 1995
Posting of property - May 5, 1995
Staff input= See staff report to the Planning Commission, dated
April 17, 1995.
Council Member Tait. He declared a conflict of interest on this item and
will, therefore, be abstaining from any discussion or action.
Mayor Daly asked to hear from the applicant or applicant's agent.
Mr. Mike Moler, Coal Canyon Company, 25200 La Paz, Laguna Hills, CA. His
company seeks to create a parcel to resolve a problem created by Star Plant in
Gypsum Canyon. This is an amicable settlement of a law suit. They are
seeking to subdivide the land and be able to deed the parcel restricting it to
open space only and to the uses of the underlying Specific Plan. They are in
favor of the staff report and thank Mr. Fick and his staff as well as the City
Attorney for working with them on the language contained in the resolution.
If there is a reason to rebut, he reserves the right to do
Mayor Daly opened the Public Hearing and asked to hear from anyone who wished
to speak either in favor or in opposition.
City Attorney White. The item on tonight's agenda is only on the amendment to
the Specific Plan which would allow the sale of one parcel at this point in
time to settle the lawsuit. It is not a rehearing or referendum on the entire
specific plan. That cannot be changed since it has previously been approved
and is not before the Council tonight.
Connie Spenger, 1318 E. Glenwood, Fullerton, President, Friends of the Tecate
Cypress. Their comments pertain to the staff report. They disagree that the
Specific Plan does respect enviro~mental resources. They have a lot of
concerns and recommend that the subject property or properties of the Cypress
Canyon Specific Plan be preserved as natural open space. She is submitting
again for the record, a copy of the letter to the Planning Commission
previously submitted stating their concerns (made a part of the record).
Gordon Ruser, 1221 S. Sycamore, Santa Ana, representing the Angeles Chapter of
the Sierra Club. His opinion is that the documents provided to the City
Council by the Planning staff contain erroneous information. He thereupon
read and submitted letter dated May 23, 1995 giving the reasons why the Sierra
Club disagrees with the finding in the report. The letter also recon~ended a
review of the geological conditions within the project area.
Summation by Applicant~
Mr. Mike Moler, Coal Canyon Company. The foregoing comments spoke to the
underlying approval and not the item before the Council tonight. He urged
Council's approval of the recommendation in the staff report.
16
CITY OF ANAHEIMv CALIFORNIA - COUNCIL MINUTES - May 23v 1995
Mayor Daly closed the Public Hearing.
Joel Fick, Planning Director. Answering the Mayor, he clarified that this
particular parcel is very minor and represents 15 acres within the overall
ranch. The conditions and reco=~endations as proposed do not permit any
development under the settlement until such time as all conditions and
provisions of the Specific Plan are enacted.
Answering Council Member Lopez, the amendment before the Council only
addresses the conveyance of the 15-acre parcel and there is reliance on the
previously certified EIR which considered all environmental issues within that
area.
Mayor Daly offered Resolution No. 95R-82 for adoption. Refer to Resolution
Book.
RESOLUTION NO. 95R-82: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING SPECIFIC PLAN NO. 90-3 (CYPRESS CANYON) AND
AMENDING 92R-66 ACCORDINGLY.
Roll Call Vote on Resolution No. 95R-82 for adoptionz
AYES:
NOES=
ABSENT=
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCILMEMBERS=
MAYOR/COUNCIL MEMBERS=
Tait, Lopez, Zemel, Feldhaus, Daly
None
None
The Mayor declared Resolution No. 95R-82 duly passed and adopted.
Mayor Daly offered Ordinance No. 5500 for first reading.
ORDINANCE NO. 5500 (INTRODUCTION): AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING THE CYPRESS CANYON SPECIFIC PLAN SP90-3.
MOTION.
Mayor Daly moved to approve Tentative Parcel Map No. 94-205,
Council Member Zemel seconded the motion. MOTION CARRIED.
C2. 114: COUNCIL COMMENTS:
council Member Zemel. He is happy to report that the 4th of July Parade in
Anaheim Hills has been saved. Me thanked the Orange County Register for
coming forth with a very sizable donation of cash and advertising space and
also Pac Bell (Caroline Kalin) who came forward with enough money to
ultimately save the parade. The parade is on and Anaheim has a lot to be
thankful for because this annual event will again take place.
Council Member Feldhaus. He had a discussion with the City Manager regarding
installing welcoming signage at gateways into the City perhaps with a City
motto. He believes it is time to initiate a program since the City is in the
process of undergrounding utilities and generally cleaning up certain areas.
He suggested relative to a motto that they get citizen participation by
holding a contest. He further recommended that perhaps they could get service
clubs or other City organizations to participate in the cost of signage.
17
CITY OF ~/qAHEIM, CALIFORNIA - COUNCIL MINUTES - May 23, 1995
Mayor Daly. The City Manager has talked to the Council about updating some of
the gateway signage. This item should be one for future discussion by the
Council.
Mayor Daly. Some time ago, the Council received a report from Public Works on
some City streets overdue for repaying. He noticed a couple recently that he
had assumed were on the schedule because development had occurred nearby. He
referred to the Anaheim Plaza development, specifically Loara Street behind
the plaza which had been torn up during plaza construction. Another area is
North Harbor Blvd., north of Sycamore Street. He would like a verbal report
on the status of the repaying.
C3. 112: REPORT ON CLOSED SESSION ACTIONS:
City Attorney White stated that there are no actions to report.
/~OUI~I~T= By general Council consent, the City Council Meeting of
Tuesday, May 23, 1995 was adjourned.
No meeting is scheduled for Tuesday, May 30, 1995, Memorial Day. The Council
Meeting of June 6, 1995 will commence at 2=00 P.M. for a Budget workshop.
LEONORA N. SOHL
CITY CLERK
18