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1995/07/18CITY OF ANAHEIMv CALIFORNIA - COUNCIL MINUTES July 18, 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 ASSISTANT CITY CLERK: Ann M. Sauvageau JTP MANAGER: Marge Pritchard INTERGOVERNMENTAL RELATIONS OFFICER: Kristine Thalman SENIOR PLANNER: Jonathan Borrego ASSISTANT GENERAL MGR/FINANCE & ADM., PUBLIC UTIL DEPT: CIVIL ENGINEER-DEVELOPMENT SERVICES: Natalie Meeks Mike Bell A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:38 p.m. on July 14, 1995 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the workshop portion of the meeting of July 18, 1995 to order at 3:16 p.m. (Council Member Tait entered at 3:31 p.m. and Council Member Zemel entered at 3:47 p.m.). City Manager, James Ruth. Each year, a workshop has been presented to the Council on the year-end report of the Private Industry Council (PIC). A written report has been presented to the Council (see Anaheim Private Industry Council Annual Report - 5 Years of Progress, along with brochures reporting on accomplishments in the Council's employment programs). He introduced Marge Pritchard, Job Training Program (JTP) Manager. 105: PRIVATE INDUSTRY COUNCIL - YEAR-END REPORT= Marge Pritchard, JTP Manager. The PIC hopes that the presentation will capture the major highlights and challenges that have been accomplished and the challenges the PIC will be facing. The packet submitted is general information about the program and contains the Annual Report through June of 1994. A new report is currently in progress. She then introduced Paul Bostwick, the new Chairman of the PIC. Paul Bostwick, Chairman, Private Industry Council. He first introduced members of PIC who were present -- Peggy Crawford, Cynthia Grennan, Frank Jacobson, Tom Kurtz, Mike Neben, Larry Slagle and George Williams. He believes it is important for the newer Council Members to be informed on the background of the Private Industry Council and to know that the Anaheim PIC is a partnership that works. (Mr. Bostwick's presentation was supplemented by CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - July 18, 1995 slides). The presentation covered who the Council is, what theY do, gave the program highlights and accomplishments from July of 1989 through June of 1995, performance standards for both adult and youth, challenges and issues. He emphasized that Anaheim has been rewarded for its performance every year since 1989 having received bonus dollars for training extra people in the City and because they have met or exceeded the performance standards set by the State for job training and performance. At the conclusion of the presentation, Council Members posed questions relative to the program which were answered by Mrs. Pritchard. Mayor Daly and Council Members also commended the PIC on their fine work and the sustained success the Anaheim program has enjoyed over the years. Council Member Tait entered the Council Chamber (3:31 p.m.). Mayor Daly. He offered that if there were things the Council can help with such as the Federal changes that are expected, they should inform the Council. City Manager Ruth. The second presentation will be by Kristine Thalman, Intergovernmental Relations Manager (IGR). 130: CABLE TELEVISION SURVEY RESULTS: Kristine Thalman, IGR Manager. As the Council will recall, the City is in the midst of the Multivision Cable Franchise renewal process and the transfer of the franchise to Century Cable. Part of the process is to determine customer satisfaction by subscribers in Anaheim as well as to determine what the future needs are in telecommunications and cable TV. The firm of Marbicht Research conducted the survey and Mr. Bob Harbicht is present today to give the presentation on the results of the survey. Mr. Bob Harbicht, President, Harbicht Research, Inc., (HRI) 234 E. Foothill Blvd., Arcadia, CA. In his presentation, Mr. Harbicht briefed the extensive survey which was submitted to the Council entitled, Cable TV Subscriber Survey presented to the City of Anaheim, Report ~1669 - June, 1995 (made a part of the record). The slides shown in his presentation were hard copies of many of the graphs and summary charts submitted in the report. The study/survey findings covered satisfaction with cable TV service, overall satisfaction, picture quality, improvement suggestions, additional channels desired, number of contacts with Multivision (City and citizens), cable customer profile, improvement suggestions, service ratings, etc. Mr. Harbicht closed his presentation with the Executive Summary of the survey (see Page 4 of the report), the highlights of which were that overall satisfaction with cable TV service is high with 87% of subscribers (who answered the survey) saying they were satisfied which is slightly higher than in 1989, the only improvement suggestion made with any regularity was to "lower the rates", only a small minority of cable subscribers have contacted the City about a problem in the past three years with most going directly to Multivision. The majority of customers rated Multivision positively for their response to problems, the highest marks given to courtesy of Multivision personnel with the lowest for promptness. Council Member Zemel entered the Council Chamber (3:47 p.m.). CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - JUly 18, 1995 Council Members then posed questions on several aspects of the survey which were answered by both Mr. Harbicht and Mrs. Thalman. Mayor Daly and Council Members expressed their appreciation for the informative presentation. 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 PURSUANT 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. me 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. 30 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 4e 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 CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION: Name of case: Johns vs. City of Anahe£~, Orange County Superior Court Case No. 72-13-42. LIABILITY CLAIMS Claimant: John Jacobsen Agency claimed against: City of Anaheim CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: Dave Hill Employee Organization: IBEW Local 47 C~TY OF ANAHE~H~ CALIFORNIA - COUNCIL ~INUTES - ~Ul~ ~8~ L995 RECESS: Mayor Daly moved to recess into Closed Session. Council Member Zemel seconded the motion. MOTION CARRIED. (3:57 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. p.m.). (5:30 INVOCATION= Mary L. Hibbard, Anaheim United Methodist Church, gave the invocation. FLAG SALUTE: Council Member Bob Zemel led the assembly in the Pledge of Allegiance to the Flag. 119~ PRESENTATION OF CHECK TO BOYS AND GIRLS CLUB - PROCEEDS FROM CITY GOLF CHAMPIONSHIP TOURNAMENT~ Mr. Ed Klein, Chairman of the subject tournament first briefed the Council on how successful the tournament was again this year both in its promotion of the sport of golf and the fact that they were able to raise $5,000. As his final action regarding the tournament, it was his pleasure to present a check for $5,000 to the Boys and Girls Club of Anaheim. Mr. Mike Sofia, Executive Director, and Terry Inns, President accepted the check on behalf of the Boys and Girls Club and thanked Mr. Klein, the Mayor and Council Members and all involved who make the tournament possible. 119= DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council and presented to Police Sergeant, Kenneth G. Brott on the occasion of his retirement as an employee of the City of Anaheim. Mayor Daly and Council Members congratulated Sergeant Brott and commended him on his 27 years of dedicated service to the City and citizens of Anaheim. 119~ DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council and presented to Mr. Mike Sofia recognizing his years of dedicated service as a Member and Chairman of the City's Community Services Board. Mayor Daly and Council Members commended Mr. Sofia and expressed their appreciation for his many years of dedicated service to the Anaheim community. 119: DECLARATION OF CONORATULATIONS~ A Declaration of Congratulations was unanimously adopted by the City Council and presented to Mr. Bill Ross, Vice President of Public Affairs of Disneyland congratulating Disneyland on the occasion of its 40th Anniversary. Disneyland opened its doors on July 17, 1955 in the City of Anaheim, the first of the Disneyland parks. Mayor Daly noted that many residents of Anaheim were part of the very large crowd on hand when the park opened in 1955 and, as the Declaration CITY OF ANAHEIM, CALIFORNI& - COUNCIL MINUTES - July 18, 1995 states, the park has been enjoyed by more than 300 million people since that time. 119: THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ~NOTHER TIME: Recognition of City employees retiring with more than 20 years of service - Kenneth T. Rees, Lynda L. Sprague, John C. Edwards 2. Proclamation - to promote "National Night Out" Recognizing Nan Parsons on her retirement from Visitor & Convention Bureau after 30 years. FINANCIAL DEMANDS AG&INST THE CITY in the amount of $6,190,395.20 for the period ending July 14, 1995 in accordance with the 1995-96 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:52 p.m.) Mayor Daly reconvened the City Council meeting. (5:58 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTERESTs Michael Blanco, 424 N. Philadelphia, Anaheim 92805. He represents NOVA and tonight would like to speak once again relative to street vendors and particularly the associated noise problems. Mr. Blanco then narrated a video tape which showed vendor activity on his street on various dates (6/20, 23, 24 and 7/15/95) and the times. The main point of the video was the noise factor, the audio portion of which captured the sound of the horns used on the vendor trucks to announce their arrival and attract customers which were very loud. On July 15, 1995, the video showed that the vendor trucks were in his neighborhood at 9513 a.m., 10:12, 11:12 and 12:16, each time announcing their arrival by the use of horns. Later upon questioning, Mr. Blanco stated that this occurs sixteen (16) times a day on average. He has filed numerous complaints and has also filed for damages against the City. If residents want to sell their homes, they have to disclose the fact that the vendors are a nuisance and under those circumstances, questioned who would want to buy in the neighborhood. The vendors have always made the issue one of race when somebody speaks out. He feels that is not the case and the race issue is a moot one. He is asking for enforcement of his individual rights. Legally what he has to do is to make a demand for payment and if the demand is not met, he will be going to Small Claims Court. If he wins there, the precedence will be set and everyone in the City will be coming forward. He would like the matter to just go away but that is not the case and if he cannot get the service he would like, he will go for the damages. Mayor Daly. There is a report coming back to the Council from Code Enforcement in the next few months with recommendations for changes to the existing vendor ordinance to beef up enforcement and put teeth into it. He is asking that the Code Enforcement Manager, John Poole, the City Manager, and the City Attorney look at the issues that have been raised. If there are State laws that allow the City to regulate noise that is intrusive to the CITY OF ANAHEIH~ CALIFOI~I~IA - COUNCIL ~INUTES - ~U~ ~8~ L995 City's neighborhoods, they should know what responsibilities and tools the City has to deal with the issue. Michael Blanco. The State Vehicle Code Section has been on the books for decades. If the street vendors want the ability to blast their horns, they have to go to the State and have the law changed. Until then, the law needs to be enforced. If he does not hear anything by Monday, he is going to go forward. The most important thing is to get the vendors to stop. He needs the situation stopped and a lot of other people need it stopped as well. PUBLIC COMMENTS - AGENDA ITEMS: There were no public comments on City Council Agenda items. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of July 18, 1995. 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-135 through 95R-138, both inclusive, for adoption. Refer to Resolution Book. Al. Rejecting and/or denying certain claims filed against the City. 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 Albert R. Conard for property damage sustained purportedly due to actions of the City on or about April 12, 1995 b. Claim submitted by Patricia G. Aiels for property damage sustained purportedly due to actions of the City on or about December 20, 1994 c. Claim submitted by Charles Schaefer for property damage sustained purportedly due to actions of the City on or about May 15, 1995 d. Claim submitted by John Lougherty Jacobson c/o William C. Kersten, Esq. for bodily injury sustained purportedly due to actions of the City on or about January 30, 1995 e. Claim submitted by Juan Carlos and Renee Duenas c/o Steven L. Zelig, Esq. for bodily injury sustained purportedly due to actions of the City on or about December 2, 1994 f. Claim submitted by Excel Paving Company for property damages sustained purportedly due to actions of the City on or about February 16, April 12 and 14, 1995 g. Claim submitted by Metro Builders and Engineers Group Ltd. c/o Mark A. Feldman, Esq. for property damage sustained purportedly due to actions of the City on or about January 16, 1995 CITY OF ANAHEIMv CALIFORNIA - COUNCIL MINUTES - July 18v 1995 A2. A3. A4. AS. A6. A7. A8. h. Claim submitted by Rebecca I. Wilson for bodily injury sustained purportedly due to actions of the City on or about March 9, 1995 173: Receiving and filing a Request from Southern California Gas Company Notice of Proposed Rate Increase Application No. 95-06-043 filed before the California Public Utilities Commission requesting an increase in rates of $106,364. 173: Receiving and filing a Notice of Application Filed that Karmel Shuttle Service, Inc., has officially filed with the State of California Public Utilities Commission is application for authority under Section 1031, et seq., to operate a passenger stage corporation between points in the Los Angeles and Orange Counties and the Los Angeles International, Burbank Glendale Pasadena, Long Beach Municipal, John Wayne, and Ontario International airports, the San Pedro/Los Angeles harbor, the Amtrak Station at Downtown Los Angeles, the Disneyland Theme Park area, and all other points in the above mentioned counties; and between points in the Los Angeles and orange Counties and the Huntington Beach Hospital and Medical Center. 105: Receiving and filing minutes of the Mother Colony House Advisory Board meeting held May 1, 1995. 128: Receiving and filing the Monthly Financial Analysis for eleven months ended May 31, 1995 ae submitted by the Director of Finance. 159: RESOLUTION NO. 95R-135: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE WAGE DETERMINATIONS OF THE DIRECTOR OF THE DEPARTMENT OF INDUSTRIAL RELATIONS, AND DIRECTING THE FILING AND POSTING OF PREVAILING RATES OF PER DIEM WAGES. (Continued from the meetings of June 27, 1995, Item A9, and July 11, 1995, Item A3.) 169: Awarding the contract to the lowest responsible bidder, UrbanTec Engineers, Inc., in the amount of $43,050. for Victor Avenue and Julianna Street Street and Landscape 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 low and second low bidders. 151: Approving an Encroachment License Agreement (Encroachment No. 95- 2E) as requested by TD Commercial, Agent for Fry's Electronics, for parking and a sign located within an area irrevocably offered for dedication for future Grove Street. 123: Approving an Agreement with Donahue & Company, Inc., in an amount not to exceed $100,000 annually to provide appraisal services for the Public Works Department. 169: RESOLUTION NO. 95R-136: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO ALLOCATE COMBINED TRANSPORTATION PROGRAM FUNDS IN THE AMOUNT OF $90,525 FOR LAKEVIEW AVENUE BETWEEN LA PALMA AVENUE AND SANTA ANA CANYON ROAD. 123: Accepting the low bid, and authorizing the execution of an Agreement with Mariposa Horticultural Enterprises, Inc., in an amount not to exceed $32,692.70 for a two year period beginning August 1, 1995, with three one-year optional renewals for landscape maintenance at all Anaheim Electric Utility properties, in accordance with Bid ~5410. C~TY OF ANAHE~ CAL~FORN~ - COUNCIL ~NUTES - ~BI~ LS~ ~995 A9. Al0. All. Al2 · Al3. A14. A15. Al6. A17. A18 · 123: Accepting the low bid, and authorizing the execution of an Agreement with Mariposa Horticultural Enterprises, Inc., in an amount not to exceed $82,930.32 for a two year period beginning August 1, 1995, with three one-year optional renewals, for landscape maintenance at all Anaheim Water Utility properties, in accordance with Bid ~5409. 150: RESOLUTION NO. 95R-137: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE SUBMITTAL OF A PROPOSAL TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR FUNDING A YOUTH GANG/DRUG PREVENTION IMPLEMENTATION PLAN. 123: Approving an Agreement with the San Diego County Office of Education-Migrant Education Program for non-fee use of the George Washington Community Center. 123: Approving an Agreement with E. Del Smith & Company and the City of Anaheim, to provide federal advocacy services representing the City in Washington, D.C. 123/161: (1) Approving the acquisition of the former Homer Street General Relief facility; (2) authorizing the Executive Director of Community Development to execute the Offer and Agreement to Purchase, and taking all actions necessary to complete the purchase; (3) approving the Cooperation Agreement with the Anaheim Redevelopment Agency, and authorizing the Mayor and City Clerk to execute the Agreement; and (4) appropriating $60,000 from the Park Sites and Playgrounds Fund balance into revenue account 216-3898 and expenditure account 216-213-4727-9501 for payment of the first annual purchase installment and closing costs. 123: Approving a Second Amendment to Agreement with Occu-Med, Inc., to continue their services through June 30, 1996, in the area of occupational health and medical standards, including pre-placement medical examination and quality assurance services. 153: RESOLUTION NO. 95R-138: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 93R-151, TO EXTEND THE VACATION BUY BACK PROGRAM FOR CERTAIN CITY EMPLOYEES DESIGNATED AS MANAGEMENT, TO EXPIRE JUNE 30, 1996. 123: Approving a Lease Agreement with the Metropolitan Water District of Southern California for a portion of parcel 1000-24-1, (Lower Feeder Santiago Tower), for telecommunications equipment for the Public Utilities Department. 123: Approving a Fifth Amendment to Agreement with PRe/Public Management Services, Inc., and the City of Anaheim, in an amount not to exceed $140,000 for consulting services for FY 1995/96 and 1996/97, in connection with the Police Automated Systems Development. 123: (1) Approving the Fourth Amendment to Agreement with Community Services Program to provide on-site professional counseling services in specialized areas to the citizens of Anaheim in the amount of $55,975 for fiscal year 1995/96; and (2) authorizing the Chief of Police, to execute said Fourth Amendment to the Agreement, and approving and executing successive options to the Agreement revising the annual charges for services, up to and including increases of 10 percent per year, provided that no other changes are made to the terms and CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - JUly 18, 1995 conditions of the Agreement as amended by the Fourth Amendment to said Agreement. A19. 148: Designating a Voting Delegate for the League of California Cities Annual Conference in San Francisco, to be held October 22, 1995 through October 24, 1995. Mayor Daly. For clarification, there is a procedure laid out as to who the voting delegate will be -- basically whichever Council Members attend the meeting, those members will decide who the voting delegate will be between them. (See memo dated June 29, 1995 from Mary Andrews, League President, on the subject of voting delegates at the League Annual Conference.) Roll Call Vote on Resolution Nos. 95R-135 through 95R-138, 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-135 through 95R-138, both inclusive, duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED BOARD AND COMMISSION ITEMs A20. 105: To consider the appointment of Mrs. Marion Harvey to the Mother Colony House Advisory Board to fill an unscheduled vacancy, to a term ending December 31, 1998. City Clerk Sohl explained that one of the appointments the Council made to the Mother Colony House Advisory Board was unable to accept; therefore, she has placed the third name forwarded to her on the agenda for Council consideration. She has also spoken to Mrs. Harvey and she is willing and able to accept if so appointed. MOTION. Mayor Daly moved to appoint Mrs. Marion Harvey to the Mother Colony House Advisory Board to fill an unscheduled vacancy for the term ending December 31, 1998. Council Member Zemel seconded the motion. MOTION CARRIED. A21. 105~ BOARDS/COMMISSIONS-APPOINTMENT/REAPPOINTMENT TO TERMS EXPIRIN~ JUNE 30, 1995: (Continued from the meetings of June 27, 1995, Item A54, and July 11, 1995, Item A27.) Mayor Daly. A total of 13 slots are to be filled. Four of those involve vacancies due to persons not wishing to be reappointed. The other nine are persons who have been serving and wish to continue. It was then determined that the Planning Commission appointments would be considered first. 105: PLANNING COMMISSION FOR NEW TERMS EXPIRING 6/30/99 (Caldwe11, Mayer) Mayor Daly. There are two terms expiring of citizens who have been serving on the Planning Commission. He opened nominations. CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - July 18, 1995 Council Member Lopez nominated Steve Bristol; Council Member Feldhaus nominated Thomas "Hoagy" Holguin; Mayor Daly nominated Julie Mayer and Mitch Caldwell for reappointment. MOTION. On motion by Council Member Zemel seconded by Mayor Daly, nominations were closed. MOTION CARRIED. City Attorney White asked if it was the Council's desire to elect for one seat or to appoint the two highest vote getters out of four, as long as each has at least three (3) affirmative votes. MOTION. Mayor Daly moved that the two highest vote getters with at least three affirmative votes be the appointees to the Planning Commission. Council Member Feldhaus seconded the motion. MOTION CARRIED. A roll call vote was then taken on the nominees in the order in which they were nominated. Steve Bristol - Ayes: Tait, Lopez, Zemel No: Daly Abstain: Feldhaus Thomas Holguin - Ayes: No: Abstain: Zemel, Feldhaus Daly Tait, Lopez Julie Mayer - Ayes: Mitchell Caldwell Ayes: No: Abstain: Tait, Lopez, Zemel, Feldhaus, Daly Daly None Tait, Lopez, Zemel, Feldhaus Mr. Steve Bristol and Mrs. Julie Mayer were thereupon respectively appointed and reappointed to the City Planning Commission for the terms ending June 30, 1999. MOTION. Mayor Daly moved to cast a unanimous vote for the appointees to the Planning Commission. Council Member Feldhaus seconded the motion. MOTION CARRIED UNANIMOUSLY. Council Member Tait. Regarding Mitch Caldwell, he (Tait) served with him on the Planning Commission. Mr. Caldwell has done a very fine job and the City is very much indebted for the time he spent as a Planning Commissioner. Mayor Daly. There should be an expression of thanks prepared for Mr. Caldwell for the years of service he gave to the Commission. 105: COMMUNITY REDEVELOPMENT COMMISSION FOR NEW TERMS EXPIRING 6/30/99 (Holquin, Pinson)~ Mayor Daly opened nominations. Council Member Zemel nominated Bruce Solari; Council Member Feldhaus nominated Thomas Holguin and Mary Ruth Pinson for reappointment. MOTION. On motion by Council Member Lopez seconded by Mayor Daly, nominations were closed. MOTION CARRIED. 10 CITY OF ANAHEIH~ CALIFORNIA - COUNCIL H~NUTES - ~Ul~ LB, 2995 City Attorney White.. Since the same situation is going to occur numerous times, the Council could make one motion that the highest vote getters would fill the positions or make a separate motion in each case. MOTION. Mayor Daly moved that the highest vote getters be appointed according to the number of slots to be filled providing that the person gets at least three affirmative votes. Council Member Zemel seconded the motion. MOTION CARRIED. A vote was then taken on the nominees in the order in which they were nominated. Bruce Solari - Ayes: Lopez, Zemel No: Daly Abstain: Tait, Feldhaus Thomas Holguin - Ayes: Tait, Lopez, Zemel, Feldhaus, Daly Mary Ruth Pinson Ayes: Tait, Lopez, Zemel, Feldhaus, Daly Mr. Holguin and Mrs. Pinson were thereupon unanimously reappointed to the Community Redevelopment Commission for the term ending June 30, 1999. 105~ COMMUNITY SERVICES BOARD FOR NEW TERMS EXPIRING 6/30/99 - (Cason, Hibbardt Sofia)~ Mayor Daly. In this case, one of the persons whose term has expired is not seeking reappointment so it is a true vacancy along with two other vacancies currently filled by two members who wish to be reappointed. The Mayor then opened nominations. Council Member Feldhaus nominated Liz Cason and Mary Nibbard for reappointment; Council Member Zemel nominated Carol Rudat and Bruce Solari. MOTION. On motion by Mayor Daly seconded by Council Member Zemel, nominations were closed. MOTION CARRIED. A roll call vote was taken on the nominees in the order in which they were nominated. Liz Cason - Ayes: Mary Hibbard - Ayes: Tait, Lopez, Zemel, Feldhaus, Daly Tait, Lopez, Zemel, Feldhaus, Daly Carol Rudat - Ayes: Lopez, Zemel No: None Abstain: Tait, Feldhaus, Daly Bruce Solari - Ayes: Tait, Lopez, Zemel, Feldhaus, Daly Liz Cason and Mary Hibbard were unanimously reappointed to the Community Services Board for the terms ending June 30, 1999 and Bruce Solari was unanimously appointed to the Community Services Board for the term ending June 30, 1999. 105~ HOUSING COMMISSION FOR NEW TERMS EXPIRING 6/30/99 (Cook, Oarda)~ City Clerk Sohl. Mr. Garda does not wish to be reappointed because he is moving out of the City. 11 C~TY OF ANAHE~H~ CALiFORNiA - COUNCIL H~NUTES - ~Ul~ LS~ ~995 Mayor Daly opened nominations. Council Member Zemel nominated Carol Rudat; Mayor Daly nominated Norman Cook. MOTION. On motion by Council Member Zemel seconded by Mayor Daly, nominations were closed. MOTION CARRIED. MOTION. Mayor Daly moved that the Council unanimously appoint Mrs. Rudat and Mr. Cook to the Housing Commission for the terms ending June 30, 1999 since they are the only two nominations for the two available seats. Council Member Zemel seconded the motion. MOTION CARRIED. 105: PUBLIC UTILITIES BOARD FOR NEW TEllS EXPIRING 6/30/99 ~Me~ia, White, Unexpired Ter~r 8ch~ahl, rem endinq 6/30/98)5 Mayor Daly. There are three slots to fill since Maggie Mejia-Carrillo is not seeking reappointment and in recent weeks, Robert Schmahl has stepped down. Mr. Joe White is interested in being reappointed, Mayor Daly opened nominations. Council Member Lopez nominated Paul Lem; Council Member Zemel nominated Joe White; Council Member Feldhaus nominated Bob Lawson. City Attorney White. The unscheduled vacancy (Schmahl) is for a different term. He suggested that the Council first vote on the two four-year terms and then fill the unscheduled vacancy for the term ending June 30, 1998 separately. MOTION. Mayor Daly moved that nominations be closed and that the Council vote first on appointments to the two scheduled vacancies for the terms ending in 1999 and then to vote separately on the shorter term ending in 1998. MOTION CARRIED. A roll call vote was then taken on the nominees in the order in which they were nominated. Paul Lem - Ayes: Tait, Lopez, Zemel, Daly No: None Abstain: Feldhaus Joe White - Ayes: Tait, Lopez, Zemel No: Daly Abstain: Feldhaus Bob Lawson - Ayes: Lopez, Feldhaus, Daly No: None Abstain: Tait, Zemel City Attorney White. Mr. Lem has been appointed and there is a tie for the other position. Mayor Daly called for another roll call vote for the second four-year term. Joe White - Ayes: Tait, Lopez, Zemel No: Daly Abstain: Feldhaus Bob Lawson - Ayes: No: Tait, Lopez, Feldhaus, Daly None 12 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES - JUly LSt 1995 Abstain: Zemel Mr. Lem and Mr. Lawson were thereupon appointed to the Public Utilities Board for the term ending June 30, 1999. Mayor Daly opened nominations for the remaining position on the Public Utilities Board for the term ending June 30, 1998, the unscheduled vacancy left by Robert Schmahl. Council Member Lopez nominated Joe White; Council Member Feldhaus nominated George Edwards. MOTION. On motion by Council Member Zemel seconded by Council Member Tait, nominations were closed. MOTION CARRIED. A roll call vote was then taken on the nominees in the order in which they were nominated. Joe White - Ayes: Tait, Lopez, Zemel No: Daly Abstain: Feldhaus George Edwards Ayes: Feldhaus, Daly No: None Abstain: Lopez, Tait, Zemel Mr. Joe White was thereupon reappointed to the Public Utilities Board for the term ending June 30, 1998. 105~ SENIOR CITIZEN COMMISSION FOR NEW TERMS EXPIRING 6/30/98 fAtwe11. Willinq): Mayor Daly opened nominations. Mayor Daly nominated Mary Atwell and Irving Willing. MOTION. On motion by Council Member Feldhaus seconded by Council Member Tait, nominations were closed. MOTION CARRIED. MOTION. Mayor Daly moved a unanimous vote for Mary Atwell and Irving Willing. Council Member Feldhaus seconded the motion. MOTION CARRIED. Mrs. Atwell and Mr. Willing were thereupon reappointed to the Senior Citizen Commission for the terms ending June 30, 1998. ITEMS B1 - B7 FROM THE PLANNING COMMISSION MEETING OF JUNE 26r 1995 INFORMATION ONLY - APPEAL PERIOD ENDS JULY 18f 1995 B1. 179: CONDITIONAL USE PERMIT NO. 2685t CATEGORIC~?~ EXEMPT CLASS 21: Initiated by the City of Anaheim, Planning Commission, 200 S. Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 1074 N. Tustin Avenue. Property is approximately 1.67 acres located on the east sade of Tustin Avenue and approximately 350 feet south of the centerline of La Palma Avenue. 13 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - July 1Sv 1995 Request to consider the termination or modification of Conditional Use Permit No. 2685 (to permit the expansion of a restaurant and cocktail lounge with waiver of minimum number of parking spaces) pursuant to Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code; and review of revised exhibits for substantial conformance determination. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 2685 Modified by adding seven new conditions of approval - to expire June 26, 1996 (PC95-71) (6 yes votes, i absent). The decision of the Planning Commission was appealed by the applicant and, therefore, a public hearing will be scheduled at a later date. B2. 179: CONDITIONAL USE PERMIT NO. 3421 AND NEGATIVE DECLARATION: OWNER: ANDREW Y. LUI, 500 N. Brookhurst Street, Anaheim, CA 92801 AGENT: EVERARDO GODOY, 26851 Bridgewood Drive, Laguna Hills, CA 92653 LOCATION: 500 North Brookhurst Street. Property is approximately 1.2 acres located at the northeast corner of Alameda Avenue and Brookhurst Street. Petitioner requests readvertisement of Conditional Use Permit No. 3421 to amend a condition of approval pertaining to the limitation of time for a previously-approved public dance hall. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3421 APPROVED request to amend a condition of approval pertaining to the limitation of time for a previously-approved public dance hall to expire June 17, 1996, (PC95-72) (6 yes votes, 1 absent). Negative Declaration previously approved. Council Member Zemel posed questions relative to the subject which were answered by Jonathan Borrego, Senior Planner. Mr. Borrego explained that the Planning Commission granted an additional year on the application based on the existing track record. He also explained for the Mayor that the Public Dance Hall was originally approved in 1991 for a three-year period which expired and they are now requesting an additional year. It is an existing restaurant which used to be the second Mama Cozza's restaurant. Planning staff solicited input from the Police Department and Code Enforcement Division before giving their recommendation. There have been noise complaints related to the business which surfaced in the last year. There has also been a change of ownership. The property owner did take action to correct the situation by installing sound proofing along the back door. There were also some problems with activities in the parking lot after hours and as a result, the Planning Commission added a condition of approval which did require them to chain off the parking lot 1/2 hour after closing. Based on the fact that the owner had taken care of the concerns, the Planning Commission granted the permit for an additional year to expire June 17, 1996. Council Member Zemel still expressed concern particularly because this is the Brookhurst Street area where there are other such businesses that have caused problems in the past. He would like to have more time to consider whether or not to set the matter for a Public Hearing; City Clerk Sohl confirmed this is the last day to appeal the item. Mayor Daly suggested that the Council continue with the balance of the agenda and Council Member Zemel could make a decision later in the meeting if he wishes to take action. Later in the meeting, Council Member Zemel did request a review of the Planning Commission's decision concurred in by Council Member Feldhaus and, therefore, a Public Hearing will be set on the matter at a later date. 14 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - JUly 18, 1995 B3. 179: RECLASSIFICATION NO. 94-95-11 CONDITIONAL USE PERMIT NO. 3771 AND NEGATIVE DECLARATION: OWNER: DONALD VILLENEUVE, CONNIE THURBER, ET AL, 208 Lincoln Way, Valparaiso, IN 46383 AGENT: DIANA LASKOWSKI, 18657 Yorba Linda Blvd., Yorba Linda, CA 92686 LOCATION: 700 W. Orangewood Avenue, Units B&C. Property is approximately 0.13 acres located at the southwest corner of Orangewood Avenue and Mallul Drive. For a change in zone from the CG zone to the CL or a less intense zone. To retain a 600-square foot expansion of an existing mini-market (including the off-premise sale of beer and wine). ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 94-95-11 GRANTED, unconditionally, (PC95-73) (6 yes votes, i absent). CUP NO. 3771 GRANTED (PC95-74) with changes to conditions and added conditions. Approved'Negative Declaration. B4. 179: CONDITIONAL USE PERMIT NO. 3183 AND NEGATIVE DECLARATION: OWNER: RAYMOND ASSOCIATES, 811 W. 7th Street, Ste. 310, Los Angeles, CA 90017 AGENT: ASPEN PROPERTIES, Attn: Diane Parish, 2951 E. La Palma Avenue, Anaheim, CA .92806 LOCATION: 1501 North Raymond Avenue. Property is approximately 3.52 acres located at the northwest corner of Orangefair Lane and Raymond Avenue. Petitioner requests modification of a condition of approval pertaining to previously approved industrial-related retail sales businesses within an existing business center. ACTION TAKEN BY THE PLANNING COMMISSION: WITHDRAWN by the Applicant. B5. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3773 AND NEOATIVE DECLARATION: OWNER: JAMES B. AND ROSEMARY BOSTICK, 15856 Garden Bar Road, Grass Valley, CA 95949 AGENT: JAMES H. ELROD, 373 E1 Encanto Drive, Pasadena, CA 91107 LOCATION: 2890 East La Cresta Avenue. Property is approximately 0.94 acre located on the south side of La Cresta Avenue and approximately 320 feet west of the centerline of Las Brisas. To permit a truck maintenance facility (including the outdoor storage of vehicles and related office uses) with waiver of minimum parking lot landscaping. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3773 GRANTED (PC95-75) (6 yes votes, 1 absent). Approved waiver of code requirement. Approved Negative Declaration. REPORT AND RECOMMENDATION ITEMS: B6. 179: CONDITIONAL USE PERMIT NO. 1374 - LANDSCAPE PLAN REVIEW, REQUESTED BY: Gene Lee, 1100 South Claudina Place, Anaheim, CA LOCATION: Property is located at 1360 South Anaheim Boulevard. 92805 15 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - JUly 18~ 1995 Petitioner requests landscape plan review for Conditional Use Permit No. 1374 (to establish a court reporting college). ACTION TAKEN BY THE PLANNING COMMISSION: Approved landscape plan with the stipulation that the palm trees located on the public right-of-way shall be maintained and irrigated by the property owner. Mayor Daly. This is good news for the City since it involves the rehabilitation of a vacant office building which has been an eyesore for some time. A court reporting college has purchased the site and is already in the process of refurbishing the building. B7. 179: CONDITIONAL USE PERMIT NO. 3686 - REQUEST FOR EXTENSION OF TIME TO_ COMPLY WITH CONDITIONS OF APPROVAL~ REQUESTED BY: Robert Zamora, American Housing Producers, 3901 MacArthur Blvd., Ste. 208, Newport Beach, CA 92660 LOCATION: Property is located at 608 West Vermont Avenue. Petitioner requests an extension of time to comply with conditions of approval for Conditional Use Permit No. 3686 (to construct a 2-story, 48-unit condominium complex) to expire on June 1, 1996. ACTION TAKEN BY THE PLANNING COMMISSION: Approved extension of time to comply with conditions of approval (to expire June 1, 1996.) Council Member Feldhaus. The project has eight conditions of approval, none of which have yet been met. He asked if this extension will assure that the project.will go forward. Jonathan Borrego, Senior Planner. He answered, yes. It is his understanding there was a recent sale of the property. They are in Plan Check on the project as well. He also clarified for Mayor Daly that the design issues have been resolved. The Applicant did work with the Community Development Department quite closely and he believes all the concerns have been met. TRACT ITEMS B8 - Bll FROM THE PLANNINO COMMISSION N~TING OF JULY 10, 1995 (INFORMATION ONLY - APPEAL PERIOD ENDS JULY 20r 1995) BB. 179~ RECLASSIFICATION NO. 90-91-04 AND TENTATIVE TRACT MAP NO. 13926 - REQUEST FOR EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL~ REQUESTED BY: BOB MICKELSON, 328 North Glassell Street, Orange, CA 92666 LOCATION: Property is located at the southerly terminus of Londerry Lane. Petitioner requests an extension of time to comply with conditions of approval for Reclassification No. 90-91-04 (RS-A-43,000 zone to RS-HS- 10,000 zone to establish a 4-lot subdivision) to expire on July 30, 1996. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 90-91-04 has a 22-day appeal period (August 1, 1995). Tentative Tract Map No. 13926 APPROVED (6 yes votes, i absent). 16 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - July 18, 1995 B9. B10. Bll. 155: ENVIRONMENTAL IMPACT REPORT NO. 281 VESTING TENTATIVE TRACT MAP NO. 13533 (REVISION NO. 1)= OWNER: BALDWIN CO., Attn: Diana Hoard, 16811 Hale Avenue, Irvine, CA 92714 LOCATION: Property is approximately 14.5 acres located on the north and south sides of Night Star Way and approximately 375 feet west of the centerline of Shining Star Court and further described as Venting Tentative Tract Map No. 13533 (Revision No. 1) within Development Area 105 of The Summit of Anaheim Hills Specific Plan 88-2. ACTION TAKEN BY THE PLANNING COMMISSION: Vesting Tentative Tract Map No. 13533 (Revision No. 1) APPROVED (6 yes votes, i absent). EIR NO. 281 previously certified. 155~ ENVIRONMENTAL IMPACT REPORT NO. 281 VESTING TENTATIVE TRACT MAP NOS. 15072~ 15128r 15130~ 15131~ 15142r AND 15143~ OWNER: BALDWIN CO., ATTN: DIANA HOARD, 16811 Hale Avenue, Irvine, CA 92714 LOCATION: Property is approximately 28.7 acres located at the southeast corner of Weir Canyon Road and Oak Canyon Drive. Petitioner requests approval of the following six vesting tentative tract maps in order to create a 167-unit condominium complex (with detached units) within Development Area 205 of The Summit of Anaheim Hills Specific Plan 88-2: Vesting Tentative Tract Map No. 15072 (to establish a 6.2 acre, 2-lot, 31-unit condominium subdivision) within Development Area 205 of SP88-2: Vesting Tentative Tract Map No. 15128 (to establish a 4.3 acre, 2-lot, 30-unit condominium subdivision) within Development Area 205 of SP88-2~ Vesting Tentative Tract Map No. 15130 (to establish a 5.6 acre, 5-1o2, 29-unit condominium subdivision) within Development Area 205 of SP88-2~ Vesting Tentative Tract Map No. 15131 (to establish a 3.9 acre, 3-lot, 24-unit condominium subdivision) within Development Area 205 of SP88-2)~ Vesting Tentative Tract May No. 15142 (to establish a 3.5 acre, 2-lot, 25-unit condominium subdivision) within Development Area 205 of Sp88-2~ Vesting Tentative Tract Map No. 15143 (to establish a 5.2 acre, 2-lot, 20-unit condominium subdivision) Within Development Area 205 of SP88-2. ACTION TAKEN BY THE PLANNING COMMISSION: APPROVED Vesting Tentative Tract Map Nos. 15072, 15128, 15130, 15131, 15142, and 15143~ and EIR NO. 281 previously certified. 1791 RECLASSIFICATION NO. 94-95-12 WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3777 TENTATIVE TRACT 15204 AND NEGATIVE DECIttRATION= OWNER: BERNARD E. AND MARY E. BLUME, CO TRUSTEES, P.O. Box 158, La Mirada, CA 92804 AGENT: BAHRAM GHASSEMI, 1001 Sandcastle Drive, Corona Del Mar, CA 92625 LOCATION: 2638 West Ball Road. Property is approximately 1.84 acres located on the south side of Ball Road and approximately 530 feet west of the centerline of Magnolia Avenue. To reclassify subject property from the RS-A-43,000 zone to the RM-2400 or a less intense zone. To permit a 2-story, 28-unit condominium complex with waiver of maximum structural height, setback adjacent to single-family zone and minimum distance between buildings. To establish a l-lot, 28-unit airspace condominium subdivision. 17 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - July 18, 1995 ACTION TAKEN BY THE PLANNING COMMISSION: Tentative Tract No. 15204 APPROVED (4 yes votes, 3 absent) Approved Negative Declaration. NOTE: Reclassification No. 94-95-12 and CUP NO. 3777 have a 22-day appeal period which will expire August 1, 1995. Mayor Daly asked staff to elaborate on their review of the proposed project noting that the site is extremely long and narrow -- 130' wide by 600' deep along a stretch of Ball Road that he feels needs some extra attention in terms of the City being careful with what is approved now and in the future. Jonathan Borrego. He summarized the project (see Staff Report to the Planning Commission dated July 10, 1995) and emphasized that staff did take a close look at the proposal. He then briefed the conditions imposed on the project, the waivers requested, and ultimately why the Planning Commission approved it. Staff feels it will be a quality project. END OF THE PLANNING COMMISSION ITEMS. B12. 179: ORDINANCE NO. 5509: FOR ADOPTION: Amending Title 18 to rezone property under reclassification No. 93-94-02 located at 406 - 412 South Kroeger Street from the RM-1200 zone to the ML zone. (Introduced at the meeting of July 11, 1995, Item B1.) Mayor Daly offered Ordinance No. 5509 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5509 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclassification NO. 93-94-02 located at 406 - 412 South Kroeger Street from the RM-1200 zone to the ML zone). Roll Call Vote on Ordinance No. 5509, for adoption~ AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly None None The Mayor declared Ordinance No. 5509, duly passed and adopted. D1. 176~ PUBLIC HEARING - ABANDONMENT NO. 95-6A~ To consider abandoning certain public streets, highways and service easements, and to consider abandoning those certain abutter's rights of access (being thirty-six feet in width)'to Santa Aha Canyon Road located on the south boundary of Santa Aha Canyon Road, approximately 650 feet west of Fairmont Boulevard, generally known as 6270 Santa Ana Canyon Road. At their meeting of June 13, 1995, Item A36, the Anaheim City Council adopted Resolution No. 95R-94 declaring its intention to vacate certain public streets, highways and service easements, and to consider abandoning those certain abutter's rights of access (being thirty-six feet in width) to Santa Ana Canyon Road located on the south boundary of Santa Ana Canyon Road, approximately 650 feet west of Fairmont Boulevard, generally known as 6270 Santa Aha Canyon Road. (ABANDONMENT 18 CITY OF ANAHEIMv CALIFORNIA - COUNCIL MINUTES - July 18, 1995 NO 95-6A.) The Resolution was duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. REQUESTED BY: Doug Browne, P.O. Box 10821, Anaheim, CA 92817-8021 Report of the City Engineer dated June 8, 1994 was submitted recommending approval of said abandonment. Natalie Meeks, Civil Engineer, Public Works. There are two portions to the request. The first is to abandon and sell a piece of the Sari Canal property that the City obtained a number of years ago. The only value is to the property owner who has the adjacent property. The other part is to abandon abutter's rights along Santa Aha Canyon (SAC) Road to provide access to both the strip of old Savi Canal and the property owner's property. Resolution 93R-234 approved in 1993 revised the SAC Road Access Point Study and identified this as an approved access point, but because of State law, it is necessary to go through the abandonment process for those access rights. She clarified for the Mayor that the deal on the property has not yet closed because the purchaser could not get title insurance until access is provided. She also explained for Council Member Zemel that relative to an access easement through the shopping center, the resolution passed in 1993 does identify the fact that the property was originally proposed to be developed as part of the shopping center with joint access. However, when the shopping center was graded, it was graded at an elevation that did not allow for access to the site. Council Member Zemel then expressed his concerns with the proposed abandonment, the foremost being granting access to SAC Road. At present, there is a temporary structure on the property placed right up to where the easement should go into the shopping center. He questions if there is any reason why the owner cannot use the easement if he improves the temporary structure. There are no turnout lanes as there are at some other locations and SAC Road is not supposed to allow additional ingress and egress. It has become a State highway. He feels it will be an extremely dangerous situation. The intended use is a preschool which will generate traffic during peak travel time. Mayor Daly opened the Public Hearing. David Ward, 440 East LaHabra Blvd., LaHabra. He is speaking in favor of the proposed abandonment on behalf of the Santa Fe National Bank who has fee interest in the property which they have owned since 1993. Relative to traffic concerns, it is not establishing something new. Presently and for the last year or so, there has been ingress and egress at that point. As explained, in 1993, a resolution was approved where it was originally proposed that the shopping center would allow access to the property. Since then, they have graded the property which resulted in a six to seven foot difference in elevation and since the properties adjoin each other, it is dramatic. A driveway has been there for a number of years which is being used with no threat to safety. It is currently being used as a Montessori School. Behind that is an approximate one-acre parcel owned by the bank. He does not see how it would be possible other than a condemnation action to allow access between the shopping center and the existing property. It would be prudent to continue the current ingress and egress as it is now. He anticipates there will be development of the property and at that point, it will go through the necessary hearings and notices, whatever is required to obtain approval. Tonight's decision is easy because it merely affirms the status quo. Resolution 93R-234 grants ingress and egress and includes some strange language that he does not understand to affirm what has already been done. 19 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - JUly 18, 1995 Based upon past performance and the need for access and complete absence of other uses, he recommends that the proposed abandonment be granted. Mayor Daly closed the Public Hearing. City Attorney White. The SAC Road Access Point Study is part of the Circulation Element of the General Plan. He explained the background leading up to the determinations made in that study. He further explained that in 1993, the City Council amended the study and, therefore, amended the General Plan to provide that one of the possible access points to SAC Road would be at the site of this particular existing driveway. It was originally contemplated there would be access through the adjoining shopping center, but since the grading was at a differential in grade, it did not seem practical that access would take place or be the main access to the property. However, as part of the Council's decision, the resolution adopted provided that even though the Council was amending the access point study, it was not by that decision to be deemed granting access to SAC Road at this site. That had to come back for a separate decision for the abandonment of the access rights under the provisions of State law for the abandonment of public rights. That is the reason they are here tonight -- for the Council to make that decision. In his view, legally the Council is not obligated to pave the way to make the decision. He does not believe the Council is obligated to do so tonight if they choose not to. However, the General Plan has been amended and this area is shown as a possible access point along with some 20 other access points and that is why it is before the Council tonight. Further questions were posed to the City Attorney by Council Member Zemel, one asking if there was any reason or justification why the Council should grant access rights. City Attorney White. He believes there could be a justification but not a necessity. He does not think the fact that the private property owner does something to his property to make it more difficult to provide access to an abutting property except through SAC Road means that the Council is obligated to provide that access. They have the ability to do so but it is a discretionary decision of the Council. Whatever decision the Council makes, would be legally appropriate. Council Member Zemel. His concern is with the existing use and the additional request before the Council tonight. He recommends that they not approve the abandonment but look at a different type of project to preclude a dangerous situation. Council Member Lopez. As a Policeman, he worked in the subject area for about seven years and does not remember any traffic accidents or problems at that location. To his knowledge, there have been no accidents at that location. He does not feel there is a problem. He disagrees with Council Member Zemel's assessment. Council Member Zemel. Over time, the use has been a nursery and there has not been too much traffic but the current use is attracting traffic. His concern is in the future and also relinquishing property on SAC Road. Council Member Feldhaus. He does not see a problem with ingress because access to the property can only be gained travelling east bound. There is a right turn lane to get into the shopping center. 20 CITY 'OF ANAHEIMv CALIFORNIA - COUNCIL MINUTES - July 18, 1995 Council Member Zemel. He travels that area every night. He explained how traffic has to pull over to the right for the shopping center and the pre- school and also to make a turn on to Fairmont. The residential property abutting the subject property will also be affected because it will be taking property away meaning traffic will be closer to that private residence. Mr. Ward then approached the podium and spoke to the easement authorized by the 1993 resolution explaining that they have no easement but for the present existing access. It is land locked and has no access which is essentially condemnation. He also explained there was never an agreement between the subject property and the shopping center to provide such access. Council Member Zemel reiterated his recommendation that the abandonment not be approved and denying the CEQA finding. He is going to offer the resolution of denial. After additional discussion, Council Member Feldhaus stated in deference to the concerns raised, he would suggest that more time be given to look at the matter in depth. He thought he was familiar with the area, but some issues have been raised where he does not feel comfortable making a decision tonight. He would like an additional week to look at the situation further. Council Member Zemel stated he would withdraw his proposed action of denial of the abandonment and second a motion of continuance. MOTION. Council Member Feldhaus moved to continue the subject Public Hearing for one week. Council Member Zemel seconded the motion. MOTION CARRIED. D2. 1791 PUBLIC HEARING - WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3751 AND NEOATIVE DECLARATION~ OWNER: REDA A. WASEF, 2324 Corydon, Norco, CA 91760 AGENT: FAYEZ SEDRAK, 1100 North Euclid St., Anaheim, CA 92801 LOCATION: 1100 North Euclid Street. Property is approximately 0.51 acres located at the northeast corner of La Palma Avenue and Euclid Street. To permit an accessory convenience market (with prepared food and off- premise sale and consumption of beer and wine) and an automated car wash with waiver of (A) required trees adjacent to street frontages (APPROVED), (B) required setback adjacent to an arterial highway (DENIED), and' (C) landscape requirements adjacent to interior property lines (APPROVED, IN PART). ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3751 GRANTED, IN PART, with added conditions (PC95-55) (7 yes votes). Waiver of code requirement APPROVED, IN PART, Waiver (A) APPROVED; Waiver (B) DENIED, and Waiver (C) APPROVED, IN PART, Approved Negative Declaration. HEARING SET ON: ' A letter of appeal of the Planning Commission's Dicision was submitted by the owner, Reda Wasef and Public Hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - June 29, 1995 and July 6, 1995 Mailing to property owners within 300 feet - June 19, 1995 Posting of property - June 23, 1995 21 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - July 18, 1995 City Clerk Sohl noted that letter dated July 16, 1995 was submitted by the owner, Reda Wasef requesting that the subject Public Hearing be continued for two weeks. Mayor Daly asked if anyone was present to speak on this item; there was no response. MOTION. Mayor Daly moved that the Public Hearing on Conditional Use Permit No. 3751 'be continued for two weeks at the request of the applicant. Council Member Zemel seconded the motion. MOTION CARRIED. Council Member Tait, abstained on this Item. Cl. 105= APPOINTMENTS TOT HE NEWLY ESTABLISHED INVES~_NT ADVISORY COMMISSION IN ACCORDANCE WITH ORDINANCE NO. 5502~ Mayor Daly. Because this is a new Commission, he is going to suggest that each Council Member nominate at least one person. This is no guarantee that anyone's nominee will be appointed, but he feels this would be a good approach. He also referred to written guidelines that were approved by the Council a couple of weeks ago. Basically, the Commission will analyze and evaluate the City's investment portfolio and make appropriate recommendations to the City Council. Mayor Daly then opened nominations. Council Member Lopez nominated Dr. Thomas Coad; Council Member Feldhaus nominated Stan Pawlowski; Council Member Tait nominated Patrick Powers; Council Member Zemel nominated Thomas Keaney; Mayor Daly nominated Bruce Hitchman; Council Member Zemel nominated Mel Miller. Mayor Daly recommended that the top five vote getters be appointed; City Attorney White noted that there were four different terms - 1996, 1997, 1998 and two in 1999. He suggested in the Mayor's motion that it be determined the highest vote getters serve the longest terms. Mayor Daly suggested that the nominees be voted on in the order in which they were nominated as well. MOTION. Mayor Daly moved that the top five vote getters would be the appointees and that the slots be filled in the order of the nominations provided that nominees receive at least three affirmative votes. Council Member Zemel seconded the motion. MOTION CARRIED. Mayor Daly. The following is the voting order: Dr. Coad, Mr. Pawlowski, Mr. Powers, Mr. Keaney, Mr. Hitchman and Mr. Miller. Dr. Thomas toad - Ayes: Tait, Lopez, Zemel, Feldhaus, Daly Stan Pawlowski - Ayes: Tait, Lopez, Zemel, Feldhaus, Daly Before proceeding, Mayor Daly asked for clarification that there is a requirement that the majority of the Commission members be Anaheim residents. City Attorney White. The requirement is that all of the members must either reside or work in the City. During Council discussion, it was determined that Dr. Coad's residence, although an Anaheim address, was located in a County island in the City, that 22 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - JUly 18, 1995 his business address is Irvine, but that he has three or four businesses/offices. City Attorney White. Even if the person is appointed by the Council, the City Clerk later determines/confirms the persons home and business addresses and reports back to the Council. Council Member Zemel. Mel Miller lives in Westminster and just went from Pacific Inland Bank to Orange National Bank; therefore, his business address is in Orange. Mr. Miller is involved in just about anything that occurs in Anaheim. Mayor Daly. The Council has adopted guidelines and it is a matter of interpretation; Council Member Zemel thereupon withdrew Mr. Miller's name from nomination. Mayor Daly. There are now three remaining nominations for the three remaining seats to be filled. MOTION. Mayor Daly moved that Patrick Powers, Thomas Keaney and Bruce Hitchman be unanimously appointed to the Investment Advisory Commission. Council Member Zemel seconded the motion. MOTION CARRIED. City Attorney White. To complete the legal necessities, all City Commission terms end on June 30 of the years indicated. The following were thereupon unanimously appointed to the newly established Investment Advisory Commission for the terms indicated: Thomas Coad - Stan Pawlowski - Patrick Powers - Tom Keaney - Bruce Hitchman - Term Ending June 30, 1996 Term Ending June 30, 1997 Term Ending June 30, 1998 Term Ending June 30, 1999 Term Ending June 30, 1999 C2. 175~ CHANGES TO WATER RATES, RULES AND REGULATIONS~ To consider the adoption of a 1.5% system revenue increase and a water rate restructuring proposal, and amendments to the water rules and regulations, as recommended by the Public Utilities Board. RESOLUTION NO. - ..... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending rates, rules and regulations for the sale and distribution of water as adopted by Resolution No. 72R-600 and most recently amended by Resolution No. 95R-114. MOTION ..... Authorizing the Public Utilities General Manager to prepare, promulgate, publish, and taking all actions necessary to implement changes to the Water Rates, Regulations and Rules as set forth herein and to implement the remaining portions of the five-year water rates restructuring plan transition, effective July 1, 1996; July 1, 1997; July 1, 1998, and July 1, 1999, respectively. MOTION ..... Certifying that the adoption of the water rates is statutorily exempt, under the California Environmental Quality Act, Public Resources Code, Section 20180(b)(8) and Title 14 of the California Administrative Code Section 15273(a). 23 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - July 18, 1995 Submitted was an extensive and detailed report dated July 18, 1995 with Attachments A through H from the Public Utilities General Manager, Ed Aghjayan recommending approval of the subject actions. Council Member Lopez. He is going to move to continue this item one week. He has been getting a lot of phone calls from citizens. Before any further action on a motion of continuance, Mayor Daly suggested because members of City staff have been patiently waiting tonight to present this item to the Council, that the Council hear the presentation and then consider whether or not to continue the matter. He would like to at least hear the staff presentation tonight. City Clerk Sohl also announced that there were members of the public who wished to speak, on this issue tonight. Mr. Mike Bell, Assistant General Manager, Finance and Administration, Public Utilities Department. His presentation (supplemented by slides hard copies of which were submitted and made a part of the record) briefed the background leading up to the proposed changes to water rates, rules and regulations and the process beginning in August of 1994 to develop a new cost-of-service study which included public involvement by a Citizen's Committee. (See Attachment A of staff report of 7/18/95). The Water Utility also engaged the consulting firm of CH2M Hill to develop the new cost-of-service study, facilitate public involvement, and ultimately develop the new rate structure. Mr. Bell reported in detail on the process that took place from 1994 to present culminating in the recommendation before the Council tonight. The Public Utilities Board recommended the subject actions following public hearings which they held May 4 and June 15, 1995. (A complete listing of the Board's findings and recommendations is included in Attachment H of the 7/18/95 report). Some of the recommended changes included a system revenue increase of 1.5% to be effective August 1, 1995, and a water rate restructuring proposal based upon a cost-of-service study to be phased in over a 5-year period. Along with other changes, this will result in replacement of the two-tier residential water rate with a uniform volume rate, reduce customer charges, standardize by meter size and continue uniform rates for other classes. The results of the suggested rates will standardize and simplify customer charges, bring about uniform commodity charges by class, restructure rates over five years to mitigate the financial impact, implement a 25% surcharge for customers served who live outside the City limits, an approximate 10% decrease to residential and an approximate 10% increase to commercial. Further, the department does not anticipate the need for a base rate increase during the five-year plan. Council questions were posed at the conclusion of Mr. Bell's presentation. Council Member Zemel asked what the 1.5% increase represents. Mike Bell. The 1.5% increase in the rate structure is to cover additional costs within the system totalling approximately one-half million dollars (.5 M). Many costs are going up and many are going down across the system. The new Lenain filtration plant is coming on line and they are buying many more chemicals for processing while at the same time reducing staffing levels and continuing to attempt to cut costs wherever possible. The right-of-way fee is an added cost they have not had in the past. It is included in the 1.5% increase. The right-of-way fee is an amount collected and transferred to the City for the right of the Utilities to use the public rights of way. 24 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - July 18, 1995 Council Member Zemel. The Utilities is being charged by the City and then passing the cost on to the customer which is included in the 1.5%; Mike Bell. It is an operational cost of the Public Utilities. Mayor Daly referred to Attachment E of the report wherein it is indicated that Anaheim's water department is one of the largest of the 44 cities and water districts in Orange County with water rates falling approximately in the mid range. After further input by Mr. Bell, Mayor Daly noted that the proposed new rate structure would then place Anaheim no higher than average and in most cases well below the average water bill in Orange County. He feels the most helpful comparisons were made with the surrounding cities of Santa Ana, Orange and Fullerton who also benefit from having wells and/or an underground water supply enjoyed by Anaheim. Anaheim rates are consistent with those rates. It is also good to hear that there will be no proposed base rate increase for the next five years beyond the 1.5% although they do know that Metropolitan Water District and the Orange County Water District may be passing on increased costs of buying water which could affect future rates. Mike Bell. In essence, residential rates will be coming down and commercial and 'industrial will be offsetting that decrease resulting in no net difference overall'. That was the reason behind the five-year transition plan. Council Member Zemel. He asked how much time the Citizen's Committee spent on the fact that part of the 1.5% increase was due to the right-of-way fee. Mike Bell. The committee focused its attention on the rate structure issues. The 1.5% increase was something the department planned for a year ago and included in the budget. When discussions came up at the committee, they encouraged those interested to proceed through the Board and the budget processi He clarified for Council Member Zemel if there was no right-of-way fee charge, the cost of operating the system would be roughly 1/2 million less than it is now. Council Member Zemel. What he is getting at, it is a fee or a tax. He has a hard time calling it a rate increase because of costs. It is a very big concern of his. Mayor Daly asked to hear from members of the public. Roland Kruger, 561Peralta Hills Drive, Anaheim. He was on the Citizen's Committee and their initial charge was just to consider the rate structure and not the increase. He feels they ended up with reasonably good results based on what the citizens felt they should achieve, i.e., rates based on the cost of service. They eliminated what he considered was discrimination against residential customers, an issue he has been concerned with for some time. He feels the water rates now are very high and will go higher in the future. A concern he has in their quest for a one-size-fits-all solution is that they are going to end up with an area in which agriculture and open space have been forced out because of cost. Secondly, since they did not consider the 1.5% rate increase, his understanding is the increase is based on implementation of the City Council vote about a year ago to establish a 1.5% right-of-way fee for utility services. This increase is supposed to go into the General Fund along with the existing utility transfer of 4%. To him and many other people he has talked to, a tax is a tax and the right-of-way fee is a utility tax. Although the effect of this increase on the average water bill may not be very large, he believes it may give the appearance of a subterfuge for reinstituting a utility tax. He would suggest that the Council reconsider the right-of-way fee. 25 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - July 18, 1995 Phil Knypstra, 2520 Gelid Avenue, Anaheim. He feels it is a mistake to postpone a decision. He participated in every meeting as part of the Citizen's Committee and did his homework. He agrees with Council Member Zemel. He (Knypstra) did vigorously bring up the 1.5% and, in his opinion, it is a form of utility tax but it is a done deal and he goes along with it because of that. He saw this as an opportunity for Public Utilities to increase the rate by 1.5% but at the same time revise the rate structure so that it is more equitable to the vast majority of citizens of the City. It is very complicated. It is going to make some people happy and some unhappy particularly the large volume commercial-industrial users. He feels they do not know about it but they also did not take the opportunity to know about it. It is an issue that has been around for quite some time. The reason he believes there is a risk to postpone it, although this is not a perfect solution, it is one that is more equitable. It is not all to his satisfaction but there is no 100% in anything he has dealt with. He highly recommends that the Council vote on the matter today and put it behind them. In the long run, commercial-industrial users will be paying more which is consistent with what they have been doing for many years in other cities. He reiterated he recommends that they vote on the matter today. Ed Aghjayan, Public Utilities General Manager. He adds his voice to that of Mr..Knypstra. They have spent almost a year on the matter. Consultants are in the audience which they have flown down from Oregon. If the Council feels comfortable with the recommendation, staff would prefer action tonight. Council Member Feldhaus. Of the 20 or 21 members of the Citizen's Committee, he.heard from two tonight. His purpose in supporting Council Member Lopez' request for continuance is to talk to the other committee members to get their input. He talked to someone from Rockwell who said that their bill over the five years will increase about 30 million. Council Member Lopez. He is withdrawing his motion to continue because he feels he now has enough information to act tonight. MOTION. Council Member Feldhaus moved to continue the subject proposed changes to water rates for one week. Council Member Tait seconded the motion. Council Member Lopez voted no. MOTION CARRIED. Mayor Daly. He encouraged the Council to get their questions answered in the interim since the proposed increase is to be effective August 1, 1995. C3. COUNCIL COMMENTS: There were no Council Comments at this time. C4. REPORT ON CLOSED SESSION ACTIONS: City Attorney Jack White stated that there are no actions to report. ADJOURNMENT: By general Council consent, the Council Meeting of July 18, 1995 was adjourned. (8:20) LEONORA N. SOHL CITY CLERK 26