1995/10/03CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTES
OCTOBER 3v 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
FIRE CHIEFs Jeff Bowman
PLANNING DIRECTOR; Joel Fick
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 10s55 a.m. on September 29, 1995 at the Civic Center kiosk,
containing all items as shown herein.
Mayor Daly called the meeting to order at 3s12 p.m.
REQUEST FOR CLOSED SESSION;
City Attorney White. There is an additional item to be added to the Closed
Session agenda relating to public employment - res Assistant General Manager
for Water Services, Public Utilities Department. The need to act on
employment benefits for the prospective employee did not arise until after the
agenda was prepared and because of the pending employment offer, action cannot
wait until the next meeting.
MOTION. Mayor Daly moved to waive the 72-hour posting provision of the Brown
Act adding Item No. 7 to the Closed Session agenda since the need to act did
not arise until after the agenda was posted. Council Member Feldhaus seconded
the motion. Council Members Tait and Zemel were absent. MOTION CARRIED.
PUBLIC COMMENTS - CLOSED SESSION ITEMS;
There were no public coflunents 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 LITIGATIONs
Name of cases In re~ County of Orange, Debtor, U.S. Bankruptcy
Court, Central District Case No. SA 94-22272~ and In res Orange
County Investment Pools, U.S. Bankruptcy Court, Central District No.
SA 94-22273.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATIONs
Name of case; Anaheim Stadium Associates v. City of Anaheim, Orange
County Superior Court Case No. 44-81-74.
CITY OF ]~NAHEIMv CALIFORNI~ COUNCIL MINUTES OCTOBER 3, 1995
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of
Section 54956.9= one potential case.
Existing facts and circumstances: Legal issues concerning
undocumented aliens
4e
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Section
54956.9=
one potential case.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION (ANNUAL REVIEW)
TITLE= City Manager and City Clerk
CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiatorl Dave Hill
Employee organization= IBEW, Local 47
70
RELATING TO PUBLIC EMPLOYMENT
Titles Assistant General Manager for Water Service - Public
Utilities
MOTION. Mayor Daly moved to recess into Closed Session. Council Member
Feldhaus seconded the motion. Council Members Tait and Zemel were absent.
MOTION CARRIED. (3=15 p.m.)
(~uncil Members Tait and Zemel entered closed session 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=27 p.m.).
INVOCATION=
Pastor, Bryan Crow, Garden Church, gave the invocation.
FLAG SALUTEI
Council Member Frank Feldhaus led the assembly in the Pledge of
Allegiance to the Flag.
119. PRESENTATION - AWARD FOR YOUTH= HEART OF OUR COMMUNITY= Ron Bates,
Council Member, City of Los Alamitos and representative of Orange County to
the State League of Cities, Board of Directors. He is presenting the award on
behalf of the League of California Cities, California State Association of
Counties and the California School Board Association to recognize outstanding
youth programs which provide a safe and healthy environment for kids and
recognizing youth as a priority. Anaheim'8 program, S.A.Y. (Save-A-Youth) is
such a program which helps build confidence and self esteem in the youth of
the community. He then presented certificates to City staff involved in the
program=
2
CITY OF AN~%HEIMv CALIFORNIA COUNCIL MINUTES OCTOBER 3, 1995
DEBBIE MOORE
IGNACIO GUITIERREZ
JESSE CISNEROS
GEORGE MORALES
LYNN SMITH
JOE PEREZ
JESUS MEJIA
EDDIE BURCIAGA
Subsequently, Mr. Bates presented an award (plaque) to Mayor Daly who accepted
on behalf of the City recognizing the City of Anaheim for Project S.A.Y.
noting that of the 470 cities in the State, only 12 such awards were given.
Mayor Daly. He thanked Mr. Bates and will make sure that the award will be
shared with all appropriate staff people who work so hard on the City's youth
programs.
119. DECLARATION OF APPRECIATION: A Declaration of Appreciation was
unanimously adopted by the City Council honoring the Anaheim Hills Rotary Club
for their generous contribution to the City's Fire Department.
Fire Chief, Jeff Bowman. He explained how the Anaheim Hills Rotary Club
approached the Fire Department with the offer to help in the Department's
efforts to educate the public by donating a special piece of equipment -- a
16' mobile public education trailer. He then explained the features of the
trailer, a slide of which was displayed for the Council and audience. He then
introduced Mr. Tony Siragusa of the Rotary Club who gave further details on
the unit which can go anywhere at any time and disseminate in a unique way
fire safety and emergency procedures including telephone simulation of
questions to ask when children dial 911, etc.
Mayor Daly and Council Members personally thanked Mr. Siragusa and the Rotary
Club for their outstanding contribution to the conununity with a monetary value
exceeding $20,000 but of priceless educational value noting that there is
probably no other educational exhibit like it in the United States.
119: RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED
AT ANOTHER TIME:
1. PROCLAMATION recognizing the week of October 8 - 14, 1995, as
Fire Prevention Week in Anaheim.
2. DECLARATION recognizing the Fukuoka Daiichi High School, Fukuoka,
Japan, on the occasion of their 40th Anniversary.
3. DECLARATION recognizing the Gorale Polish Folk Dancers.
FINANCIAL DEMANDS A~AINST THE CITY in the amount of $3,472,872.44 for
the period ending September 29, 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. (5:50 p.m.)
Mayor Daly reconvened the City Council meeting. (5:55 p.m.)
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTES OCTOBER 3, 1995
ITEMS OF PUBLIC INTEREST:
NO items of public interest were addressed.
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 October 3,
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-172 and 95R-173, 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 Lois McMains for bodily injury sustained
purportedly due to actions of the City on or about July 3, 1995.
b. Claim submitted by Guadalupe Zavala for property damages
sustained purportedly due to actions of the City on or about August
29, 1995.
A2.
A3.
A4.
105: Receiving and filing minutes of the Budget Advisory Commission
meeting held August 16, 1995.
105= Receiving and filing minutes of the Public Utilities Board
meetings held May 4, 1995, June 1, 1995, and June 15, 1995.
123: RESOLUTION NO. 95R-172: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM ACCEPTING $900,000 AS THE FINAL TRANSIT CAPITAL
IMPROVEMENT ALLOCATION FOR THE ANAHEIM STADIUM RAIL STATION
IMPROVEMENTS PROJECT.
173: Awarding the contract to the lowest responsible bidder, S.J.
Amoroso Construction Company, Inc., in the amount of $3,214,000 for
improvements to the Amtrak Commuter Rail Station at Anaheim Stadium;
and in the event said low bidder fails to comply with the terms of
the award, awarding the contract to the second iow bidder, as well as
waiving any irregularities in the bids of both the iow and second iow
bidders.
123: Approving a First Amendment to Agreement with Law Crandall,
Inc., for additional services (for testing, inspection, and
consulting services for City projects), and allowing for yearly
renewal of the Agreement by the Director of Public Works/City
Engineer.
CITY OF AN~R~M, CALIFORNIA COUNCIL MINUTES OCTOBER 3, 1995
AS. 106= Amending the Department of Public Works Capital Improvement
Project budget for Fiscal Year 95/96 to include seven Hazard
Elimination Safety Program Projects.
A6. 158= Authorizing the payment of $5,554 to the Chrysler Corporation,
pursuant to agreement on file, for the cost of relocating the
Chrysler identification sign located at 1200 South Anaheim Boulevard
Anaheim/Ball Critical Intersection Widening Project R/W 5068-5.
Council Member Tait abstained from discussion and a vote on Item A6.
A7. 158: Authorizing the payment of $32,117.65 to the owner, Frank
Busal, pursuant to agreement on file, for the cost of relocating and
reconfiguring the lighting on the used car lot located at 1200 South
Anaheim Boulevard - Anaheim/Ball Critical Intersection Widening
Project - R/W 5068-5.
A8. 106~ Approving the decrease in the Public Works Department's Fiscal
Year 1995-96 Capital Improvement Budget in the amount of $1,198,000.
Ag. 160: Authorizing the Purchasing Agent to issue Purchase Orders, in
an amount not to exceed $3,566,018 for the purchase of 196 various
vehicles for City departments for fiscal year 1995/96.
AiO. 123= Authorizing a First Amendment to an Agreement with PRC Public
Sector, Inc., to amend the price and payment schedule to include the
addition and deletion of hardware equila~ent as required by the
changing needs of the Police Department's Computer Aided Dispatch
(CAD), and computerized Records Management System (RMS).
All. 113: RESOLUTION NO. 95R-173: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY
RECORDS MORE THAN TWO YEARS OLD. (AUDIT DIVISION.)
A12. 116~ Approving the submittal of an application for federal funding,
in the amount of $300,000 to continue the work of the Private
Industry Council School-To-Work programs for Anaheim youth, and
authorizing the City Manager to execute the application on behalf of
the City.
A13. 123: Waiving Council Policy 401, and approving an Agreement with
California State University, Long Beach Foundation, in the amount of
$50,000 for consulting services to assist the Public Utilities
Department with its integrated resources planning~ and authorizing
the City Manager to execute the Agreement and any related documents
on behalf of the City.
A14.
114: Approving minutes of the Anaheim City Council meeting held
September 12, 1995.
Roll ~11 Vote on Resolut£on Nom. 95R-172 and 95R-173, for mdopt£onz
AYES=
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS=
MAYOR/COUNCIL MEMBERS=
Tait, Lopez, Zemel, Feldhaus, Daly
None
None
CITY OF ANAHEIM; CALIFORNIA COUNCIL MINUTES OCTOBER 3; 1995
The Mayor declared Resolution Nos. 95R-172 and 95R-173, duly passed and
adopted.
Council Member Tait abstained on Item A6.
END OF CONSENT CALENDAR. MOTIONS ~.~tRRI~D.
ITEMS B1 - B4 FROM THE ZONING ADMXNISTRATORMEETING OF SEPTEM~__~R 14,
~995:
DECISION DATE: SEPTEMBER 21r 1995 INFORMATION ONLY - APPEAL PERIOD
ENDS OCTOBER 6r 1995
El.
179: VARIANCE NO. 4279r CATEGORICALLY EXEMPT, ~-~SS 3:
OWNER: WILLIAM & GABRIELLA LYON, 265 Owens Drive, Anaheim, CA 92808
AGENT: NEWLAND CONSTRUCTION, INC., 1407 North Batavia ~109, Orange,
CA 92667
LOCATION: 265 Owens Drive. Property is approximately .05 acre,
having a frontage of approximately 90 feet on the west side of Owens
Drive, having maximum depth of approximately 172 feet and being
located approximately 550 feet north of the centerline of Mohler
Drive.
Waiver of minimum side yard setback, to construct a 188 square foot
garage addition.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4279 APPROVED (ZA DECISION NO. 95-23)
E2.
179: ADMINISTRATiVE USE PERMIT NO. 95-05z
OWNER: TERESA BEDWELL, 1336 South Moonstone Street, Anaheim, CA
92804
LOCATION: 1336 South Moonstone Street. Property is approximately
.14 acre, having a frontage of approximately 62 feet on the east side
of Moonstone Street, having a maximum depth of approximately 103 feet
and being located approximately 280 feet south of the centerline of
Myra Avenue.
To permit a large family day care facility for up to 12 of fewer
children.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Use permit no. 95-05 APPROVED (ZA DECISION NO. 95-24).
B3.
179: ADMINISTRATIVE USE PERMIT NO. 95-06:
OWNER: RICARDO & GRACIELA NOVOA, 2957 West Orange Avenue, Anaheim,
CA 92804
LOCATION: 2957 West Oranqe Avenue. Property is approximately .16
acre, with frontage of approximately 70 feet on the north side of
Orange Avenue, having a maximum depth of approximately 100 feet and
being located approximately 90 feet east of the centerline of Laxor
Street.
To permit a large family day care facility for up to 12 or fewer
children.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Use Permit No. 95-06 APPROVED (ZA DECISION NO. 95-25).
CITY OF ANAHEIMt CALIFORNIA COUNCIL MINUTES OCTOBER 3t 1995
9,4.
~79z REQUEST FOR SPECIAL CIRCUMSTANCE WAIVER NO. 95-05=
REQUESTED BY= RONNA KELLY, PRESIDENT, Register Charities, 625 N.
Grand Avenue, Santa Ana, CA 92701
LOCATION: 1551 South Douqlass Road.
Petitioner requests approval for a special circumstance waiver in
order to conduct an antique and collectible charity sale on October
1, 1995.
ACTION TAKEN BY THE ZONING ADMINISTRATOR=
Special Circumstance Waiver No. 95-05 APPROVED (ZA DECISION NO. 95-
26).
END OF THE ZONING ADMINISTRATOR ITEMS.
BS.
108= ORDINANCE NO. 5526= Amending various sections of Title 18 of
the Anaheim Municipal Code relating to dance halle and entertainment
and amusement facilities and Title 4 of the Anaheim Municipal Code
relating to dance halls/dinner dancing places. (Introduced at the
meeting of September 26, 1995, Item Bg.)
City Attorney White. Answering Council Member Zemel, he explained that the
primary purpose of the ordinance is to differentiate between a general
category of uses in the City's zoning code that is a "catch-all" use - a
category called places of amusement that involve large assemblages of people.
In the past, they have considered Public Dance Halls within that category and
have processed applications for Public Dance Halle as a conditional use under
that section that appears in various zones of the City and not in others. It
was felt because of some recent applications for Public Dance Halls and
specifically for applications that have involved restaurants that wish to also
have dancing it was necessary to do two things - (1) separate in the code
Public Dance Halls as a separate use and to cull that out as a conditional use
in certain zones and (2) clearly differentiate and change definitions with
regard to a dinner dance facility to make sure it is understood that type of
permit is issued in conjunction only with a legitimate restaurant and is for
dancing by the patrons and not for entertainment by employees of the
establishment.
Mayor Daly offered Ordinance No. 5526 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 5526= AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
VARIOUS SECTIONS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO DANCE HALLS AND ENTERTAINMENT AND AMUSEMENT FACILITIES AND TITLE 4
OF THE ANAHEIM MUNICIPAL CODE RELATING TO DANCE HALLS/DINNER DANCING
PLACES.
p.o~ ~-~a~ Vot~ 9n Ordinance No. S526 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. 5526 duly passed and adopted.
CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES OCTOBER 3, 1995
D1. 129; PUBLIC HEARING - DESIGNATION OF VERY-HIGH FIRE-HAZARD SEVERITY
~ON~ ~M~NDMENT TO UNIFORM BUILDING CODE REGARDING ROOF COVERINGS AND
AN AMENDMENT TO THE UNIFORM FIRE CODE REGARDING APPENDIX IIA -
SPECIAl, HAZARDS ~
This issue was advertised in the North County News on August 31, 1995 and
September 7, 1995. The Council is to consider opening a joint public hearing
on (a) the proposed amendments to the Uniform Fire Code and (b) proposed
amendments to the Uniform Building Code and (c) adoption of a Very High Fire
Hazard Severity Zone.
Staff Inputs See staff report dated September 13, 1995 from Fire Chief, Jeff
Bowman recommending seven actions in connection with the subject discussion
including three proposed resolutions, the adoption of two ordinances and
introduction of an ordinance.
Fire Chief, Jeff Bowman. A presentation was given two weeks ago at the Public
Hearing (see minutes of September 19, 1995) to discuss the proposed
implementation of the Bates Bill. At that hearing, Council Member Feldhaus
requested that staff try to cor~nunicate again with the residents. Staff
subsequently contacted the Los Angeles Times and the Register by a press
release to encourage community citizens interested in hearing about the issue
to attend a public presentation last night which was conducted at Fire Station
No. 9. Ten homeowners attended the presentation and all those who attended
supported the proposed action and asked good questions about the
implementation plan. The Planning Director will discuss the proposed
ordinance amendment to answer the question Council Member Tait raised.
Joel Fick, Planning Director. At the last hearing, one item was raised
pertaining to roof coverings for room additions. The Building Code requires
that all new construction, which includes room additions, to comply with all
new code requirements. In this particular instance, since the requirements
contained in the ordinances would exceed the minimum requirements contained in
the building code, a provision for an exemption is included. They believe,
and the Fire Department believes, it would still meet the intent of all the
additional fire protection measures. With that one minor adjustment, although
significant, staff has incorporated that in their recommendation to the City
Council tonight.
Council Member Lopez. He was informed by someone who lives in the 92808 area,
those people will be paying an extra $50/month for fire insurance. He asked
if that was true.
Chief Bowman. Fire insurance premiums are based on zip codes and those are
established by the insurers. The Fire Department has no control over that.
He does not know if what Council Member Lopez asked is true or not. However,
during staff's deliberations, the City's Risk Manager did evaluate that issue
through contacts he had and they indicated that was not likely to occur.
Roy Jefferson, 540 S. Sunny Hill Way, Anaheim, 92808. He has been a resident
of Anaheim Hills for 17 years and has been a State Farm Agent for over 12
years. Relative to the question posed by Council Member Lopez, it would
probably affect insurance rates. Most companies when they look at designated
fire zones do not do so on an individual basis. State Farm does. If the zip
code is in a fire hazard zone, rates could increase and also affect people
applying for new homeowner's insurance. When a person sells their home and
CITY OF AN~tHEIM, CALIFOI~IA COUNCIL MINUTES OCTOBER 3, 1995
the buyer goes to purchase new home insurance, the buyer may have difficulty
finding adequate home insurance at good rates.
Chief Bowman. Zip code 92808 would not be in the Very High Fire Hazard
Severity Zone but only undeveloped wildlands. As those are developed, they
will have a mechanism for exclusion of newly developed areas from that zone as
well. Staff will be happy to perhaps set up a meeting and ask Mr. Jefferson's
help and report back to Council. It is necessary to understand this is going
to make the areas safer than they are today and should actually have the
reverse impact.
Roy Jefferson. As long as the new redeveloped area has a new zip code, it
would not be a concern. The reason he is present tonight, he received a phone
call from a well-known and successful realtor in Anaheim hills. She mentioned
the issue came up in September and no one was present to speak on the matter.
Realtors are concerned that areas determined to be in a high fire hazard zone
could affect property values and resales.
City Attorney White. He explained that this was not brought forward as a
discretionary item from the Fire Department but as a result of the State
statutory mandate for cities to designate high fire hazard zones in certain
cities. Staff has attempted by the mechanism being recommended tonight to
absolutely minimize the perceived "stigma" by eliminating from the zone those
properties that are now developed or that will be developed under certain
criteria. The only thing they are substituting is the Class A roof
requirement for new developments or for re-roofing of over 50% of existing
developments and the brush-clearing requirements. What they tried to do from
a legal standpoint is to "marry" a state requirement that if the City does not
comply could give some legal liability potentially with the least stigmatizing
way for existing residents. The new zone applies only to undeveloped areas
and not the 92808 zip code.
Fire Chief Bowman then clarified for Council Member Tait that there are no
existing homes within the zone.
Mayor Daly closed the Public Hearing.
City Attorney White. The agenda lists two ordinances, No. 5515 and 5525.
Staff is recommending adoption of Ordinance 5525 which was introduced last
week that responds to Council Member Tait's inquiry at the last Public Hearing
that did not require the upgrade to Class A roofing for room additions. It ie
recommended that the Council not adopt 5515, but adopt 5525 to accomplish
that.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION= On motion by Council
Member Daly, seconded by Council Member Feldhaus, the City Council determined
that the proposed activity falls within the definition of Section 3.01 Class 8
and 1, of the City of Anaheim guidelines to the requirements for an
Environmental Impact Report and is, therefore, categorically exempt from the
requirement to file an EIR. MOTION CARRIED.
Mayor Daly offered Ordinance Nos. 5525, 5516, 5523 and Resolution Nos.
95R-174, 95R-175 and 95R-176, for adoption. Refer to Ordinance and Resolution
Book.
9
CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTE8 OCTOBER Sv 2995
ORDINANCE NO. 5525: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SUBSECTION .060 OF, AND ADDING SUBSECTION .065 TO, SECTION 15.02.090
OF CHAPTER 15.02 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO ROOF COVERINGS (UNIFORM BUILDING CODE, 1991 EDITION, SECTIONS 3201
AND 3203).
ORDINANCE NO. 5516: ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION
16.08.155 TO CHAPTER 16.08 OF TITLE 16 OF THE ANAHEIM MUNICIPAL CODE
TO AMEND APPENDIX II-A OF THE UNIFORM FIRE CODE, 1991 EDITION.
ORDINANCE NO. 5523: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
CHAPTER 16.40, SECTIONS 16.40.010 THROUGH 16.40.080, INCLUSIVE, TO
TITLE 16 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO DESIGNATION OF
VERY-HIGH FIRE-HAZARD SEVERITY ZONES.
RESOLUTION NO. 95R-174: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ESTABLISHING LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE
UNIFORM BUILDING CODE, 1991 EDITION (ROOF COVERINGS).
RESOLUTION NO. 95R-175~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ESTABLISHING CONDITIONS JUSTIFYING LOCAL AMENDMENTS TO THE
UNIFORM FIRE CODE.
RESOLUTION NO. 95R-176: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ESTABLISHING FINDINGS SUPPORTING THE EXCLUSION OF CERTAIN
AREAS FROM THE VERY-HIGH FIRE-HAZARD SEVERITY ZONE DESIGNATION
RECOMMENDED BY THE STATE DIRECTOR OF FORESTRY.
Roll Call Vote on Ordinance Nos. 5525, 5516 and 5523, 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 Nos. 5516, 5523 and 5525, both inclusive, duly
passed and adopted.
Roll Call Vote on Resolution Nos. 95R-174 through 95R-176, for adoption:
AYES=
NOES~
ABSENT:
MAYOR/COUNCIL MEMEERS:
MAYOR/COUNCIL MEMEERS~
MAYOR/COUNCIL MEMBERS:
Tait, Lopez, Zemel, Feldhaus, Daly
None
None
The Mayor declared Resolution Nos. 95R-174 through 95R-176, both inclusive,
duly passed and adopted.
D2.
134~ PUBLIC HEARING - GENERAL PLAN AMENDMENTNO. 338, AMENDMENT TO
SYCAMORE CANYON SPECIFIC PLAN (SP88-1) AND NEGATIVE DECLARATIONZ
OWNER: BANK of AMERICA PROPERTIES, INC., 333 South Hope Street, 21st
Floor, Los Angeles, CA 90071
AGENT: HORST SCHOR, 746 N. Lemon Street, Anaheim, CA 92805
LOCATION= Development Area 5 within The Sycamore Canyon Specific
plan (sPa8-1}. Property is approximately 4.2 acres located on the
northeast corner of Weir Canyon Road and Canyon Vista Drive.
10
C'rTY OF ANAHE~'Hv CAL'~FORNTA COUNC'rL M'rNUTE8 OCTOBER 3v :1.995
The petitioner requests approval of the General Plan Amendment No.
338 (to amend the Land Use Element of the General Plan to
redesignate subject property from General Commercial land uses to
Hillside Medium Density Residential land uses). Amendment to The
Sycamore Canyon Specific Plan (SP88-1)(to amend certain exhibits to
redesignate Development Area 5 from commercial land uses to single-
family residential land uses and to ~mend the Development Area 5
Development Standards to establish development standards for detached
single-family dwelling units). Tentative Tract Map No. 15223 (to
establish a 4.2 acre, 25-1ot single-family detached subdivision
including 24 residential lots and one lettered lot).
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption of GPA NO. 338 to the City Council (PC95-102)
(7 yes votes).
Recommended to Council approval of the proposed amendment to Sycamore
Canyon Specific Plan (SP88-1) (PC95-103).
Tentative Tract Map No. 15223 APPROVED (no action taken by the City
Council on this item at the meeting of August 22, 1995, Item B10.
TENTATIVE TRACT MAP NO. 15223 is listed for tracking purposes, and is
not a part of today's public hearing.
Final Site Plan withdrawn.
Approved Negative Declaration.
PUBLIC NOTICE REOUIHEMENTS MET BY:
Publication in Anaheim Bulletin - September 21, 1995
Mailing to property owners within 300 feet - September 21, 1995
Posting of property - September 22, 1995
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated August 21, 1995.
City Clerk Sohl. A letter request dated October 3, 1995 was received during
the meeting from Mr. Horst Schor on behalf of the property owner requesting a
two-week continuance of the subject Public Nearing to October 17, 1995.
Mayor Daly asked if staff was aware of the reason for the request for
continuance.
Joel Fick, Planning Director. The Planning Commission recommended approval of
the development. Since the Planning Commission meeting, there was one area of
interest the applicant had regarding an access point. They have been working
directly with Public Works and Traffic Engineering staff regarding that access
way. Meetings have been ongoing into this week. The applicant has requested
a two-week continuance just to review the recommendations from the Traffic
Engineer regarding that one item.
MOTION. Council Member Zemel move to continue the subject Public Hearing for
two weeks to October 17, 1995 at the request of the applicant. Mayor Daly
seconded the motion. MOTION CARRIED.
Cl.
174: Discussion requested by Council Member Tait at the meeting of
September 12, 1995, Item Cl, regarding the feasibility of developing
another Target Area in West Anaheim, and allocating Block Grant money
to that area. This matter was discussed and continued from the
meeting of September 26, 1995, Item Cl to this date.
11
CITY OF'AN~HEIMv CALIFORNIA COUNCIL MINUTES OCTOBER Sv 1995
Council Member Tait. The Council received a report from Lisa Stipkovich,
Executive Director of Community Development. At this time, he would like to
take the matter under submission, study it and perhaps discuss it further with
staff.
Mayor Daly asked if Council Member Tait wanted to have the item placed back on
the agenda or reinitiate it some time in the future~ Council Member Tait
stated he feels At would be best if he reinitiates it at a future date.
Mayor Daly asked if anyone wished to speak on the matter.
Jeff Kirsch, 2661 W. Palais, Anaheim. He asked if the report would be made
available for public review or a private Council report~ Mayor Daly. At the
time, it will be a part of the agenda and available in the City Clerk's
Office.
MOTION. Council Member Tait moved to table the subject item to be brought
back at a later date. Mayor Daly seconded the motion. MOTION CARRIED.
C2.
156= Discussion requested by Council Member Zemel at the meeting of
September 12, 1995, Item C1, to explore the idea of having an INS
officer involved in criminal work at the City's jail. Discussion was
held at the meeting of September 19, 1995, where there were two
initial actions to be taken. (1) Identify citizenship of every
~erson arrested and booked at City jail, and (2) Form a liaison
committee concerning the issue consisting of two Council Members and
appropriate staff to be designated by the City Manager. At the
meeting of September 26, 1995, Item C2, Council Member Zemel stated
that the INS proposal from the Committee has been brought forward,
and will need direction from the entire Council.
Council Member Zemel. The task force has been making progress on the INS
issue (see minutes of 9/26/95) as far as placing an officer in the City's jail
as well as other ideas, one of which has already taken place. He thanked
Police Chief Gaston from the Council. The Chief very quickly put into action
the request to begin asking questions at the jail of every pmrson arrested to
determine their legal status. The objective is to give some concrete numbers
so that the task force can go forward in different areas whether it may lead
to legislation or whatever moves, suggestions or recommendations the task
force brings to the Council. He would like to later get into the request he
is going to make of the Council but would first like to hear from the public
as suggested by the Mayor.
The following people then spoke to the issue. Their comments are summarized.'
Harold Martin. He is a member of the Anaheim Police Association (APA). The
Association has taken a firm stand that their No. i duty and goal is to
protect the citizens of Anaheim from crime problems. Two weeks ago, APA came
to the Council with a resolution to put an INS Officer in the City's jail.
Such a move represents the smart way to do Police work. He believes they have
overwhelming public support on this issue. Removing criminals from the City
is viewed as a 100% positive action and the only people that could be against
it are the illegal alien criminals. It will reduce calls for service to the
Police Department, remove criminals from the community, maintain the status
quo in a growing Police Department and save millions of dollars on an annual
basis, continue to forget a strong bond between the Police Association and the
12
CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTES OCTOBER 3, 1995
City of Anaheim and it has the support of a significant majority of the
citizens of Anaheim. There are no drawbacks.
David Kendrick. He manages apartments on 1800 W. Glen Crest in Anaheim. He
urged the Council to place an INS Officer in the City's jail. Officer Tim
Garcia was shot and seriously wounded by not just an illegal alien, but a
criminal illegal repeat offender.
Barbara Cos, 5551 Castle Drive, Huntington Beach 92649. On behalf of Citizens
for Action Now and State-Wide California Coalition for Immigration Control,
they laud both the APA and Anaheim City Council for authorizing an INS agent
in the City jail to identify illegal alien arrestees and to deal with them
swiftly. She urged support of the proposed action to protect the citizens of
not only the City of Anaheim, but all other cities within Orange County.
Michael Blanco, 1440 Philadelphia Street, Anaheim. He is running for Chairman
of the Central City Block Grant Committee. He would like the INS Officer
funded with Block Grant money. Part of the CDBG ojectives contain a category
of public services and under that, public safety. He feels the proposed
program would be excellent to fund with CDBG money for at least a year to see
how it works. It is time to be done.
Edward Tate, Vice President, Anaheim Police Association, 425 S. Harbor
Boulevard, Anaheim. On September 22, 1995, he was part of a delegation of law
enforcement association officials invited to Santa Ana to attend the reception
that President Clinton attended for the Boys and Girls Club and other
activities. After the President's speech, approximately 15 of the law
enforcement officials had a meeting with the President lasting about 20
minutes. He (Tats) spoke to him personally for about two minutes at which
time, he gave the President a copy of the APA resolution on behalf of Officer
Garcia and also dealt with the INS issue. The President is receptive to the
idea and will be looking at it.
Bob Ball, 1532 Laster, Anaheim 92802. He referred to a letter he had
previously sent to the Council asking that they give the issue more than
"luke-warm" support but that they give it their continued full support.
After the public input, Council Member Zemel gave an extensive presentation
leading up to his request tonight -- to give authorization to the task force
recently formed to work with INS in Washington, D.C. to see if they will allow
a retired INS official, contracted to the City, to be located in the City jail
and that the City pay INS for that work basically privatizing a branch of the
INS. The City would then have access to the INS computer system, tracking
system and their training and all the benefits of a full-blown INS division
and not have the commitment of a full-time, long-term employee. It will be a
pilot program. If the INS would allow this concept, the Council could then
discuss the matter.
During his presentation, Council Member Zemel emphasized that he believes they
are embarking on a new era of local responsibility since, over the last
decade, the Federal Government has failed in not controlling the borders.
Although there are hard-working, reasonable immigrants in the State not here
legally, there is also a criminal element coming across the border along with
them. That is the segment of that population being discussed tonight -- the
criminal, repeat offender who goes through the system through the revolving
door at the City's jail. What is being proposed is to give authorization to
the committee to work with the INS in Washington, D.C., meet whith them and
see if they accept the concept and if they do, come back to the Council to
13
CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTES OCTOBER 3, 1995
discuss implementation. He encouraged the Council to go forward. He also
stated he believes the Chief is behind the program. Today he stated he felt
that a part-time employee to do the job will not be sufficient. It will
actually take a full-time employee contracted out to the jail to be able to
I.D. arrestees.
Mayor Daly. He has questions on the procedure in terms of what has already
been done as well as what might take place over the next few weeks. Anaheim
is represented by five Congressmen (Dornan, Cox, Kim, Royce, Rohrbacher). He
wanted first to know if they had been formally approached by the City for
assistance with this idea. Secondly, have INS officials been formally
approached on the matter. What type of communication have they tried so far
to convince the Federal Government it is a good idea and deserves their
attention, support and funding. He feels INS should provide some of the
funding. The City should not get a bill if they place an INS officer in the
City jail. The Federal Government is either on their side or they are not.
Council Member Zemel. He failed to mention that while the task force is
meeting with INS, part of the purpose will be to once again try to get them to
pay for the proposal. The pilot program will allow them to take the results
to the INS. INS is currently not involved in a program like this. He does
not feel they have the time to wait for the wheels of government to turn in
Washington. He would like to have results as soon as possible to show the
Federal Government it is not just a creative idea, but that it works. He is
told the data is extremely sensitive and by law the City does not have access
to it. It can only be accessed by a Federal Officer.
Mayor Daly. He would like to give the City's five Congressional
representatives a chance to change Federal policy and secondly to obtain
funding for it. It is clearly a Federal responsibility to control the borders
and immigration. The City of Anaheim needs to go on record in writing to the
delegation and to request their assistance -- supply the facts, describe the
goal the City has in mind and give them a chance to perform for the taxpayers.
Council Member Lopez. He does not think there is a dispute. They agree
illegal aliens who commit crimes should be prosecuted and then deported. He
agrees with the Mayor relative to the Congressional representatives since
$75,000 is a lot of money for the City to have to pay. He would like to put
the responsibility back on the Federal Government - put pressure on them and
see what can be done to get the funding for a full-time INS Officer.
Council Member Tait. This is asking for authorization for the committee in
Washington, D.C. simply to see if the INS will accept the concept. He votes
yeB enthuB£a~t£cally. They are look£n~ at gpend£n~ perhapg $50,000 or
$100,000 which is about 1/10th of 1% of the General Fund budget to address 20%
of the City's crime problem. To him, this will be money well spent. He
agrees with the Mayor it is a Federal responsibility but it is also a local
problem. The Mayor's approach of going to the City's Congressmen and the
Federal Government and seeking money is a good approach. He does not think
the two are mutually exclusive but both things can be done at the same time.
The City is fortunate to have five Congressmen who represent parts of Anaheim,
but he can see it getting bogged down in committee. He is in support of
Council Member Zemel's request.
Council Member Feldhaus. Five Congressmen are still only 5/435's of the U. S.
House of Representatives as pointed out by Council Member Tait. Council
Members are the local elected officials and they have to take action and show
14
CITY OF /~N~N~IM, CALIFORNIA COUNCIL MINUTES OCTOBER 3, 1995
the Federal Government what they can do. They do not need to get bogged down
in Government red tape. He understands that only an INS officer has access to
the Federal data base. He asked if it was possible to purchase that data
base.
City Attorney White. His understanding is no. The only way to gain access is
through a Federal Officer. The City cannot buy the data base or get into it
directly.
Council Member Feldhaus. He asked for clarification on the cost of an INS
Officer.
City Manager Ruth. The estimate is $75,000 a year. It would probably not be
one person, but two part-time people operating seven days a week.
At the conclusion of further discussion and questions posed by Council Member
Feldhaus, Mayor Daly stated he feels there is a consensus to move forward and
create the program but the question is how to proceed and how hard should they
work to get the Federal Government to take the responsibility. He reiterated
he is looking for a commitment by a majority of the Council to attempt to gain
Federal funding for a Federal responsibility while they move forward locally
and create the program. They need to submit an official City request to the
Federal Government in writing, give the Federal Government a chance to
respond, and invite the City's elected officials at the Federal level to
assist them. He also expressed during the course of additional discussion, if
City government wants to pursue the matter, that it be done the way all other
matters are handled, by placing a recommendation on the agenda~ The agenda
today does not lay out what the next steps are going to be and they need to
vote on those next steps.
MOTION. Council Member Zemel moved that the Council authorize the committee
and its representations to meet with the INS either in Washington, D.C. or
locally if possible to discuss putting an INS Officer in the City's jail for
pre-arraignment identification and the co~aittee be instructed to seek Federal
funding and bring back the INS answer to the Council for further direction.
Council Member Feldhaus seconded the motion.
Before further action was taken, Mayor Daly suggested that there be no travel
to Washington, D.C. until all steps are taken either in writing or by phone.
Council Member Feldhaus offered to personally fund a portion of the ticket
(one way), if Council Member Zemel had to make the trip to Washington~ Council
Member Zemel. He appreciates the offer. He will pay for his ticket and
hopefully get donations from the public.
AMENDED MOTIONs
After further discussion, Council Member Zemel amended his motion and moved
that the Council give approval to go forward in seeking approval of the
proposal with INS including funding and subsequently bring the answer back to
the Council for further discussion with travel costs to be borne by him
(Zemel). Council Member Tait seconded the amended motion.
Before a vote was taken, Council member Tait stated, since this is City
business and to meet with the Director of INS is worth a trip to Washington if
it becomes necessary, the City should be paying for the travel~ Council Member
Feldhaus reiterated his offer to pay for part of the ticket one way.
A vote was then taken on the foregoing motion as amended. MOTION CARRIED.
15
CITY OF ~NAHEIMv CALIFORNI~ COUNCIL MINUTES OCTOBER 3, 1995
MOTION. Mayor Daly moved to disband the liaison committee. Council Member
Lopez seconded the motion.
Before further action, Council Member Zemel stated he strongly objects because
it would be irresponsible to do so at this point. He believes it shows a
punishment type attitude and is politically motivated. There is a mandate of
how people feel about this issue and to stop the work of the liaison committee
would fly in the face of every tax paying citizen who cares about their
neighborhood quality of life.
Mayor Daly. He clarified the intent, instead of the liaison committee
consisting of only two Council Members, would be to involve all five Council
Members working with the INS and reviewing all correspondence and all
co~nunication regarding the matter from this point forward.
Council Member Tait. The purpose of having two Council Members on the liaison
committee is not to violate the Brown Act. If there is a desire for another
Council Member to be on the committee, he will withdraw.
Mayor Daly. He clarified the reason for his motion is so staff can take
direction from all five Council Members so that all will be in the
communication loop on the subject simultaneously.
After further debate on the issue between Mayor Daly and Council Member Zemel,
a vote was taken on the foregoing motion to disband the liaison committee and
failed to carry by the following votes Ayes - Lopez, Daly. No - Tait, Zemel,
Feldhaus.
C3. 114= COUNCIL COMMENTS=
Mayor Daly. He would like to place on the next agenda the subject of
proliferation of vacant corner lots at major intersections in Anaheim and some
techniques the City could take to improve the appearance of these lots located
at arterial intersections and at key intersections in Anaheim such as at
Sunkist and Lincoln, State College and Lincoln, Harbor and Katella, etc. The
intent is to discuss the matter and give staff some direction. He feels it is
necessary to take action and to work with the property owners to clean up some
of the lots. If it is a gas station remediation, they need to label it and
advertise it as such so that the public knows what is going on. Further, the
City should consider outright purchase of some of the lots that are going to
be very difficult to develop. He will explain more next week.
Council Member Feldhaus. By letter of September 26, 1995, the Executive
Director of Community Develol~nent is asking for Council Member participation
on an Advisory Board for the Anaheim One-Stop Center as a result of the JTPA
implementation of a $600,000 grant. He would like to agendize the matter for
next week since Mrs. Stipkovich needs an answer as soon as possible.
Council Member Zemel. He read in the paper that Shirley McCracken is
considering not accepting her appointment to the Budget Advisory Commission.
16
CITY OF ~N~EIM, CALIFORNI~ COUNCIL MINUTEB OCTOBER 3, 1995
City Clerk Sohl. She has received a written acceptance by Mrs. McCracken of
her appointment to the Commission and will be forwarding a copy to all Council
Members.
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 October 3,
1995 was adjourned. (8:02 P.M.)
LEONORA N. SOHL
CITY CLERK
17