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1995/10/10CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES OCTOBER 10v 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 DEPUTY CITY ENGINEER: Russell Maguire PLANNING DIRECTOR= Joel Fick FIRE MARSHAL: Gary Wilder DEPUTY FIRE MARSHAL: Julie Kunze EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich JTP MANAGER= Marge Pritchard CODE ENFORCEMENT MANAGER: John Poole A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 11=44 a.m. on October 6, 1995 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the meeting to order at 3=00 p.m. REQUEST FOR CLOSED SESSION= City Attorney Jack White requested a Closed Session noting first that there are no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS= There were no public comments relative to Closed Session items. The following items are to be considered at the Closed Session= CONFERENCE WITH LEGAL COUNSEL PURSUANT TO ~OVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION= Name of case: In re: County of Orange, Debtor, U.S. Bankruptcy Court, Central District Case No. SA 94-22272~ and In re= Orange County Investment Pools, U.S. Bankruptcy Court, Central District No. SA 94- 22273. 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (ANNUAL REVIEW) TITLE: City Manager and City Clerk CITY OF ~N~,HEIM~ CALIFORNI~ COUNCIL MINUTES OCTOBER 10~ 1995 4e CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION: Name of case= Great Western Bank v. Anaheim Redevelopment Agency, Orange County Superior Court Case No. 74-96-23. RECESS: Mayor Daly moved to recess into Closed Session. Council Member Zemel seconded the motion. MOTION CARRIED. (3:35 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.). (5:35 INVOCATION: Dr. Jim Schibsted, First Congregation Church, gave the invocation. FLAG SALUTE= Council Member Lou Lopez led the assembly in the Pledge of Allegiance to the Flag. Mayor Daly noted that Boy Scout Troop 1152 from the Anaheim United Methodist Church was present in the Chamber audience. He welcomed them to the Council Meeting. 119: PRESENTATION - RECOGNIZING CITY OF ANAHEIM EMPLOYEES WITH 25, 30, AND 35 YEARS OF SERVICE TO THE CITYz Shirley Oudeans, Benefits Analyst, Human Resources Department, introduced the following employees who were then presented with service awards: 35 Years Awards Jerry Crum, Park Services Manager* UTILITIES William Cosentino* Clyde Lows, Maintenance Pipefitter* 30 Years Awards CITY ATTORNEY Malcolm Slaughter, Deputy City Attorney II* POLICE Jonathan Beteag, Police Sergeant* Garey Churchill, Police Officer Peter Depaola, Police Captain Ronald Drvol, Police Officer Randall Gaston, Police Chief Ronald Good, Police Sergeant Vincent Howard, Police Lieutenant Gerald Stec, Police Sergeant* FIRE Gary Evert, Fire Fighter II Gary Martin, Fire Captain IV Michael Rachunok, Fire Engineer III Rudy Weyland, Fire Battalion Chief Wilbur Whitlock, Fire Captain IV CITY OF ANAHEIH, CALIFORNIA COUNCIL MINUTES OCTOBER 10, 1995 FLEET MAXNT. Kenneth Franks, Lead Equipment Mechanic* UTILITXES Philip Perkins, Substation Electrical Supervisor Larry Powers, Senior Electric Utilities Inspector* Dennis Voll, Water Production Supervisor* 25 Years Awards DATA PROCESSING Lauren Marsden, Data Proc. Support Services Supervisor Gary Wimberly, Golf Course Superintendent James Mackin, Police Officer* Gordon McMillan, Police Officer* FIRE David Berger, Fire Engineer III Randall Goldsmith, Fire Captain III Nicholas Miraglia, Fire Engineer III Melmoth Stokes, Fire Captain I* William Stroud, Fire Captain III* Robert Young, Fire Battalion Chief* CO~. DEVELOP. Mary Cords, Sr. Secretary ENGINEERING Norman Beach-Courchesne, Construction Inspection II Ralph Harp, Principal Civil Engineer Daniel Compos, Motor Sweeper Operator* Tommy Cook, Lead Street Maint. Worker Marcia Myers, Street Maint. Field Supervisor John Twomey, Sewer Machine Operator Elli Williams, Laborer* PLANNING Richard Steenbergen, Code Enforcement Office II STADIUM Charles Johns, Lead Facility & Event Electrician* UTILITIES Bobby Durbin, Line Mechanic* David Hauk, Line Mechanic* William Shaner, Water Systems Operator * Employees unable to be present. Mayor Daly and Council Members personally congratulated and commended each of the employees who were present and thanked them for the£r many years of dedicated service to the City of Anaheim and its citizens. 119~ PROCLAMATION RECOGNIZING THE WEEK OF OCTOBER 15 - 21, 1995, AS YWCA WEEK WITHOUT VIOLENCE IN ANAHEIM. Ingrid Nosek, a Member of the Board of Directors of the YWCA accepted the proclamation. FINANCIAL DEMANDS &GAINST THE CITY in the amount of $3,602.373.88 for the period ending October 6, 1995, in accordance with the 1995-96 Budget, were approved. 3 CITY OF ]LNAHEIM, CALIFORNI~ COUNCIL MINUTES OCTOBER 10, 1995 Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:58 p.m.) Mayor Daly reconvened the City Council meeting. (6;00 p.m.) ADDITIONS TO THE AGENDA; There were no additions to agenda items. 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 10, 1995. Council Member Tait seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENT~tL CONSENT CALENDAR; On motion by Mayor Daly, seconded by Council Member Tait, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Al. 118; The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management; a. Claim submitted by James Diulio, Wayne Diulio and Flora Diulio for property damage sustained purportedly due to actions of the City on or about April 16, 1995. b. Claim submitted by Harrison and Deborah Foskett for property damage sustained purportedly due to actions of the City on or about May 29, 1995. c. Claim submitted by Hermina Monroy for bodily injury sustained purportedly due to actions of the City on or about May 10, 1995. d. Claim submitted by Minerva Monroy for bodily injury sustained purportedly due to actions of the City on or about May 10, 1995. e. Claim submitted by Samara Monroy for bodily injury sustained purportedly due to actions of the City on or about May 10, 1995 f. Claim submitted by Cris Burchinal dba Burchinal' for property damage sustained purportedly due to actions of the City on or about April 12, 1995. g. Claim submitted by Khoa Van Quang for indemnity purportedly arising out of actions of the City on or about October 31, 1994. h. Claim submitted by Samuel Bisgay for bodily injury sustained purportedly due to actions of the City on or about July 19, 1995. 4 CITY OF ANAHEIM~ C&LIFORNI~ COUNCIL MINUTES OCTOBER 10, 1995 A2. 105= Approving minutes of the Anaheim Park and Recreation Commission ~eeting held July 26, 1995. 105= Approving minutes of the Anaheim Public Library Board meeting held August 23, 1995. 140= Approving the Anaheim Public Library Monthly Statistical Report for the month of August 1995. A3. 167; Awarding the contract to the lowest responsible bidder, Paul Gardner Corporation, in the amount of $132,947 for New Traffic Signal and Street Improvements on La Palma Avenue (approximately 350 west of Imperial Highway)~ 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 low and second low bidders. A4. 123= Approving an Agreement with P & D Consultants, Inc., in an amount not to exceed $304,000 for engineering design services for the Harbor Boulevard Improvement Project from south of Katella Avenue to Orangewood Avenue. Council Member Feldhaus. He asked the scheduled completion of the project. Russ Maguire, Deputy City Engineer. The project is scheduled to start in June, 1996. It will be a nine-month construction period followed by three months of landscape establishment. Final acceptance and completion of the project is July of 1997. AS. 123= Approving a Second Amendment to Agreement with La Belle-Marvin, in an amount not to exceed $80,000 to extend the contract for a third year to provide pavement materials reporting services on an on-call basis for the City. A6. 123; Approving an Agreements with Berryman and Henigar for engineering design services for the I-5 Freeway Sewer Improvement, in an amount not to exceed $23,329 for Project No. i (the area of Gene Autry Way and Anaheim Boulevard)~ and in an amount not to exceed $84,854 for Project No. 2 (the area along each side of I-5 Freeway south of Katella Avenue). A7. 123= Approving an Agreement with HNTB, Inc., in an amount not to exceed $161,500 for design services for the State College Boulevard/SR-91 Freeway Interchange project. Mayor Daly. He noted that there are major construction projects on the agenda this evening, one being the State College Boulevard/SR91 Interchange project. He thanked the Public Works staff for seizing the opportunity to include that project when it came along. It is a very heavily travelled interchange and is particularly in need of modernization. A8. 169= Authorizing the receipt of a $104,500 grant from the Orange County Transportation Authority Combined Transportation Funding Program (Measure M) to establish a clean fuel rail feeder service for the Anaheim Canyon Business Center Metrolink Cor~uter Rail Station. 123; Approving an Agreement with Schiermeyer Consulting Services for $22,600 to assist the Commuter Services Office with the establishment of a clean fuel rail feeder service. CITY OF ~LN2%HEIM, C&LIFORNIA COUNCIL MINUTES OCTOBER 10, 1995 A9. AIO · All · A12 · A13 · A14. Al5. Al6. 169~ Authorizing the receipt of a $100,000 grant from the Orange County Transportation Authority Combined Transportation Funding program (Measure M) to establish a transportation management association for the Anaheim Canyon Business Center. 123= Approving an Agreement with Transportation Management Services for $99,800 to establish a transportation management association for the Anaheim Canyon Business Center. 106= Approving adjustments to revenues and expenditures in the Public Works Department's Fiscal Year 1995-96 Capital Improvement budget in the amount of $106,056.38. 184= Reviewing the need for continuing the Seventh Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on September 5, 1995, concerning the Santiago Landslide and Pegasus Landslide in the City of Anaheim; and taking no action to terminate the local emergency at this time. 123~ Approving the Assignment of an Agreement for consultant services from the IBI Group to L. Paul Zajfen, Architects for the conceptual plans for the Anaheim Hills Community Clubhouse project. 123= Approving a JTPA Agreement between the City of Anaheim and the AUHSD in the amount of $649,984 to provide for work experience and related academic enrichment activities for youth participants, and authorizing the City Manager to execute said Agreement and any modifications to the Agreement. Approving a JTPA Agreement between the City of Anaheim and the NOCROP in the amount of $210,000 to provide work experience and related academic enrichment activities for JTPA youth participants~ and authorizing the City Manager to execute said Agreement and any modifications to the Agreement. 106= Approving (1) an increase in expense appropriations in Stadium Account No. 570-515-2289-9481, in the amount of $3,098,000 for the principal outstanding on the promissory note to Sony Electronics, Inc., plus an additional $45,000 increase in Acct. No. 570-515-5101-8712 for estimated accrued interest, and (2) an increase in revenue appropriations in the amount of $1,598,000 (Acct. #570-515-2289-5954) with the balance of $1,500,000 to be funded by Stadium reserves. 123= Approving a First Amendment to an Agreement with Garvey Communications for an amount not to exceed $25,000 for services related to communicating information to interested parties concerning the on- going implementation of the Anaheim Resort Specific Plan. 114= Approving minutes of the Anaheim City Council meeting held September 19, 1995. END OF CONSENT CALENDAR. MOTIONS CARRIED. 6 CITY OF ANAHEIM; CALIFORNI~ COUNCIL MINUTES OCTOBER 10, 1995 ~TEMS BI - B12 FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 18, 1995 ~NFORMATION ONLY - APPEAL PERIOD ENDS OCTOBER 10. 1995 El. ~79: W~VER OF CODE REOUXREMENT CONDXTXONAL USE PERMXT NO. 3779 AND NEGATXVE DECLARATXON: OWNER: TRW, INC., 500 City Parkway West, Orange, CA 92668 AGENT= ABERNATHY-CARR-LOPUCH II, 5800 W. Century Blvd., ~90855, Los Angeles, CA 90009-0855 ~CAT~0N~ 1761 west Katel~a Avenue (TRW Buildina). The property is approximately 1.75 acres located at the northeast corner of Katella Avenue and Humor Drive, having approximate frontages of 272 feet on the north side of Katella Avenue and 282 feet on the east side of Humor Drive. To permit a self-storage facility within two existing office buildings and an outdoor storage area with waivers of maximum fence height, minimum number of parking spaces and required setback adjacent to any residential zone. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3779 GRANTED (PC95-110) (5 yes votes, i abstained, and i absent). Waiver of code requirement APPROVED. Approved Negative Declaration. B2. ~79: ~ONDZTZONAL USE PERMIT NO. 1234 AND NEGATIVE DECLARATION: OWNER: ROYSON A. PARSONS TRUST, 1958 Port Carney Place, Newport Beach, CA 92660 AGENT: CHUCK EMANUELLE, 392 W. Cerritos Ave., Bldg. 7, Anaheim, CA 92805 LOCATION= 1100 South Claudina Place. Property is approximately 1.58 acres located at the northern terminus of Claudina Place approximately 400 feet north of the centerline of Ball Road. Petitioner requests modification to an existing conditional use permit in order to permit automotive repair training in conjunction with a previously-approved technical school. ACTION TAKEN BY THE PLANNING COMMISSION: Approved modification to CUP NO. 1234 (PC95-111) (6 yes votes, 1 absent). Approved Negative Declaration. B3. 179~ CONDITIONAL USg PERMIT NO. 3788 AND NEGATIVE DECLARATION: OWNER~ MOHAMMAD JOHAR, 1074 N. Tustin Avenue, Anaheim, CA 92807 AGENT: SAMIR JOHAR, 1074 N. Tustin Avenue, Anaheim, CA 92807 LOCATION: 1074 North Tustin Avenue. Property is approximately 1.67 acres located on the east side of Tustin Avenue and located approximately 350 feet south of the centerline of La Palma Avenue. (Mr. J's). TO permit a public dance hall within an existing restaurant with cocktail lounge. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3788 DENIED (PC95-112) (6 yes votes, I absent). Approved Negative Declaration. CTTY OF ANAHEIM, CALIFORNI]~ COUNCIL MINUTEB OCTOBER 10, 1995 LETTER OF APPEAL SUBMITTED BY FARANO & KIEVIET, ON BEHALF OF THE OWNER, MOHAMMAD JOHAR. SET FOR PUBLIC HEARING ON NOVEMBER 7, 1995, AT 6=00 P.M. B4. ~79: CONDITIONAL USE PERMIT NO. 3690 AND NEGATIVE DECLARATION= OWNER: LARRY ARMOUR COMPANY, Attn: Larry Armour, P.O. Box 1214, Tustin, CA 92681 AGENT= JOHN SCHWARTZ, 5841 Warner Ave., Huntington Beach, CA 92649 LOCATION= 2731 West Lincoln Avenue. Property is approximately 0.51 acre located on the north side of Lincoln Avenue and approximately 199 feet east of the centerline of Syracuse Street. Petitioner requests modification of conditions of approval pertaining to freestanding signage for a previously-approved automotive lubrication and tune-up facility and coin-operated car wash facility. ACTION TAKEN BY THE PLANNING COMMISSION= Approved amendment to conditions of approval for CUP NO. 3690 (PC95-113) (6 yes votes, i absent). Negative Declaration previously approved. BS. 179= DI~EERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 95-01 CBOA EXEMPTION SEL"~ION 15061 (bi ¢3)t OWNER= FIESTA MEXICAN MARKET, 1221 South Anaheim Boulevard, Anaheim, CA 92803 AGENT= ESTHER DUFFY KASCLE, ATTORNEY AT LAW, 3481 La Sombra Drive, Los Angeles, CA 90068 ~$~CATION= 1221 South Anaheim Boulevard iFiesta Mexican Marketl. Property is approximately 4.0 acres located at the southwest corner of Anaheim Boulevard and Ball Road. Petitioner requests determination of public convenience or necessity for an alcoholic beverage control license to permit the sale of beer and wine for off premises consumption at a supermarket. ~ION TAKEN BY THE PLANNING COMMISSION= Determined that the sale of beer and wine for off premises consumption is appropriate at this location (PC95-114) (6 yes votes, i absent). Concurred CEQA Exemption Section 15061 (b) (3). B6. 179= DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 95-02 CEQA EXEMPTION SECTION 15061 [bJ [3)= OWNER= TEXACO REFINING AND MARKETING, Attn= Doug Elston, P.O. Box 7812 Universal City, CA 91608-7812 AGENT= LAW OFFICES OF SOLOMON, SALTSMAN AND JAMIESON, Attn= Stephen Jamieson, 426 Culver Boulevard, Plays Del Rey, CA 90293 LOCATION= 3080 East La Palms Avenue CTexaco Service Station). Property is approximately 0.76 acre located at the southwest corner of La Palma Avenue and Kraemer Boulevard. Petitioner requests determination of public convenience or necessity for an alcoholic beverage control license to permit the sale of beer and wine for off-premises consumption at a convenience market/gas station. ACTION TAKEN BY THE PLANNING COMMISSION= Determined that the sale of beer and wine for off premises consumption is appropriate at this location (PC95-115) (6 yes votes, i absent). Concurred CEQA Exemption Section 15061 (b) (3). CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTES OCTOBER 10v 1995 BT. ~79~ WAIVER OF CODE REOUIRENENT ~_.m~_I~ONAL USE PERMIT NO. 3789 AND NEOATIVE DEC~.,ARATION: OWNER: MELVIN R. SCHANTZ JR., C/O EMS Partners, 30101 Town Center Drive, ~201, Laguna Niguel, CA 92677 AGENT: AIR TOUCH CELLULAR, Attn: Eric Meurs, P.O. BOX 19707, Irvine, CA 92713 LOCATION~ 2711 East Coronado Street. Property is approximately 0.15 acre located at the northwest terminus of Coronado Street and abutting the east side on the 57 Freeway and having a frontage of approximately 55 feet on the north side of Coronado Street and located approximately 1080 feet west of the centerline of Blue Gum Street. To permit a 76-foot high cellular monopole tower and accessory equipment room with waiver of minimum structural setback abutting a freeway right- of-way. ~¢TION TAKEN kY THE PLANNING COMMISSION= CUP NO. 3789 GRANTED (PC95-116) (6 yes votes, i absent). Approved waiver of code requirement. Approved Negative Declaration. Letter dated September 29, 1995 from Taormina Industries was submitted appealing the decision of the Planning Commission and, therefore, a Public Hearing will be scheduled at a later date. BB. ~79~ CONDITIONAL USE PERMIT 3254 AND MITIGATED NEGATIVE DE~ARATION~ OWNER~ GENERAL ELECTRIC CO., Attn~ Tracey Miller, Region EHS Manager, 5441 E. 14th Street, Oakland, CA 94601 LO~ATION~ 3601 East La Palms Avenue ~General ElectricS. Property is approximately 6.33 acres located on the north side of La Palms Avenue and approximately 905 feet west of the centerline of Tustin Avenue. To approve an extension of time to retain a Pely-chlorinated biphenyl (PCB) processing, treatment and storage facility. ACTION TAKEN BY THE PLANNING COMMISSION: Approved extension of time for CUP NO. 3254, to expire August 18, 2003 (PC95-117) (6 yes votes, i absent). Negative Declaration previously approved. Bg. ~79~ RE(~ttSSIFICATION NO, 95-96-01 AND NEGATIVE DECLARATION: OWNER: JAMES E. and ADRIANNE M. JONES, 9870 Cinch Ring Lane, Alta Loma, CA 91737 AGENT: GARY MASCIEL, P.O Box 4241, Anaheim, CA 92801 LOCATION= 423 and 427 south Lemon Street. Property is approximately 0.14 acre located on the west side of Lemon Street and located approximately 50 feet north of the centerline of Santa Ana Street. Petitioner requests reclassification of the subject property from the CG (Commercial, General) Zone to the RM-1200 (Residential, Multiple- Family) Zone. ACTION TAKEN BY THE PLANNING COMMISSION~ Reclassification No. 95-96-01 GRANTED, UNCONDITIONALLY (PC95-118) (6 yes votes, i absent). Approved Negative Declaration. Council Member Zemel. He does not take this to mean density was increased but just that there was a lot separation. Otherwise he would have a concern. CITY OF ~AHEIMv CALIFORNI~ COUNCIL MINUTES OCTOBER 10v 1995 Joel Fick, Planning Director. There was no additional density or units proposed on the site. The site was recently purchased. The existing land use was residential and the zoning commercial. For financing purposes, they needed to be consistent. There is no new construction involved. Mayor Daly. He asked how many units will the property owner be allowed on the .14 acre. Joel Fick. There are two existing residences on the property now. Theoretically, there could be four residences but they would have to comply with all zoning standards to be compatible with the neighborhood. In practice, it may be difficult to achieve because of the setbacks and other requirements on the site. B10. ~79: VARIANCE NO. 4041 AND NEGATIVE DECLARATIONs OWNERs INTERVIROS TRUST AGREEMENT, C/O Jack and Nellie Levine, 320 Pine Avenue, Long Beach, Ca 90802 AGENTs THE HOME DEPOT, Attn: Jim Lyons, The Home Depot, 601 South Placentia Avenue, Fullerton, CA 92631~ Tamera Schippers Santoni, C/O Greenberg Farrow Architecture, 17941 Fitch Road, 2nd Floor, Irvine, CA 92714 LOCATION: 2300 West Lincoln Avenue (The Home Depot). Property is approximately 9.1 acres located on the south side of Lincoln Avenue and located approximately 655 feet east of the centerline of Gilbert Street and further described as 2300 West Lincoln Avenue (The Home Depot). Petitioner requests modification or deletion of a condition of approval pertaining to the limitation of time to permit outdoor storage and display of materials. ACTION TAKEN BY THE PLANNING COMMISSION~ Approved amendment to conditions of approval for Variance No. 4041 (PC95-119) (6 yes votes, i absent). Negative Declaration previously approved. Joel Fick, Planning Director confirmed for Council Member Zemel that the request is for a three-year extension of the outdoor storage and display. His recollection is that they were granted the three years to expire August 24, 1998. Council Member Zemel. Because there are so many building materials and it is an outdoor sales type area, it attracts a great number of day laborers thereby affecting other businesses who have complained about the situation. John Pools, Code Enforcement Manager. Code Enforcement has been aware of the problem for some time and have been working with the management of Home Depot to help alleviate some of the problems. The problem Home Depot has, as soon as they address the issue with the day laborers, those people leave and then new people come in. He believes Home Depot is making a diligent effort to try to stop the problem. It is difficult for the City to take Code Enforcement or Police action because it is not a true violation. Soliciting work from the City sidewalk would be a violation, but on private property, it is a different matter. They have to rely on Home Depot security people to help eliminate the problem. Council Member Zemel. The last time he was involved in the issue was in March. He understands at that time Home Depot would not provide a security guard for the outside. Every time he goes by, he never sees a security guard on duty. He asked if Mr. Poole is saying there is one every day. 10 CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES OCTOBER 10, 1995 John Poole. It is not every day. The security is plain clothes security also covering shop lifting but no uniformed security guard. Council Member Zemel. In the past, Redevelopment has loaned money for the store to open up at that location. On the Planning Commission level, they gave a lot of leeway regarding outdoor storage. The City has been extremely cooperative with Home Depot, but he does not feel they are getting that cooperation back. He is not inclined to give an extension of time for outdoor storage unless Home Depot cooperates. City Attorney White. Home Depot is requesting an amendment of conditions. The Council can impose additional conditions in exchange. Council Member Zemel. He wants to set the matter for a Public Hearing. Mayor Daly concurred in setting the matter for a Public Hearing which will, therefore, be scheduled at a later date. In the meantime, he suggested that staff convey the concern to Hope Depot management and ask for some response. Bll. B12. 179~ WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3790 AND NEGATIVE DECLARATION~ OWNER= DAVID S. COLLINS & MARION G. COLLINS, COLLINS FAMILY TRUST, 100 S. Anaheim Boulevard., Ste. 350, Anaheim, CA 92805~ SUSAN COLLINS BERCHERS, 100 S. Anaheim Boulevard, Ste. 350, Anaheim, CA 92805 AGENT= STEPHEN R. SHELDON, 100 S. Anaheim Boulevard, Ste. #350, Anaheim, CA 92805 LOCATION: 1514 West Broadway. Property is approximately 1.05 acres located at the southwest corner of Broadway and Adams Street. To permit a tree service contractor's storage yard with a modular office building with waiver of required screening of outdoor uses and minimum yard area abutting local street. ACTION TAKEN BY THE PLANNING COMMISSION= CUP NO. 3790 GRANTED (PC95-120) (6 yes votes, i absent). Approved waiver of code requirement. Approved Negative Declaration. 179~ WAIVER OF CODE REOUIREMENT CONDITIONAL USE PERMIT NO. 3792 AND NEGATIVE DECLARATION~ OWNER: CLAUSEN ENTERPRISES, INC., 2795 W. Lincoln Ave., Unit F, Anaheim, CA 92801 AGENT: JORDAN VALLI ARCHITECTS, INC., 34700 Pacific Construction Hwy., $702, Capistrano Beach, CA 92672 LOCATION: 2815-2853 West Lincoln Avenue. Property is approximately 2.3 acres located on the north side of Lincoln Avenue and located approximately 195 feet west of the centerline of Dale Street. To permit a self-storage facility in conjunction with an existing commercial retail center with waiver of minimum structural setback and minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3792 GRANTED (PC95-121) (6 yes votes, i absent). Approved waiver of code requirement. Approved Negative Declaration. END OF THE PLANNING COMMISSION ITEMS. 11 CITY OF ~N~HEIM, CALIFOI~IA COUNCIL MINUTES OCTOBER 10, 1995 B13. 179: ORDINANCE NO. 5527: (INTRODUCTION) Amending Title 18 to rezone property under Reclassification No. 94-95-12 located at 2638 West Ball Road from the RS-A-43,000 zone to the RM-2400 zone. Joel Fick, Planning Director. At the request of the Mayor, he briefed the history of the parcel. The last time it was before the Council under the Planning Commission consent calendar, the Council was satisfied that the project was a quality one with more than adequate landscaping along Ball Road. Council Member Tait offered Ordinance No. 5527 for first reading. ORDINANCE NO. 5527~ AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 94-95-12 LOCATED AT 2638 WEST BALL ROAD FROM THE RS-A-43,000 ZONE TO THE RM-2400 ZONE. D1. 179z PUBLXC HEARING - WAIVER OF CODE REOUXREMENT CONDITIONAL USE PERMXT NO. 3787 AND NEGATXVE DECLARATION~ OWNER: DANTE AND EVELYN ENCARNACION, 1315 S. Anaheim Blvd., Anaheim, CA 92805 LOCATION: 1315 and 1321 South Anaheim Boulevard. Property is approximately 0.47 acre located on the west side of Anaheim Boulevard and approximately 760 feet south of the centerline of Ball Road. To permit a 46 bed board and care facility (currently 36 beds) with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3787 DENIED (PC95-107) (6 yes votes, I absent). Waiver of code requirement DENIED. Approved Negative Declaration. Informational item at the meeting of September 26, 1995, Item B3. Letter of appeal submitted by the Owner, Dante Encarnacion. HEARING SET ON: A letter of appeal of the Planning Commission's decision was submitted by the owner, Dante Encarnacion and Public Hearing scheduled this date. PUBLIC NOTICE REOUIREMENTS ~ET BY: Publication in Anaheim Bulletin - September 28, 1995 Mailing to property owners within 300 feet - September 28, 1995. Posting of property - September 29, 1995. STAFF INPUT: See staff report to the Planning Commission dated September 6, 1995. Mayor Daly first explained the normal procedure to be followed and subsequently opened the Public Hearing and asked to hear from the applicant or a representative. Dante Encarnacion. He introduced his friend who is an electrician and who helped him rebuild the building after it was abandoned for three years. Most of the people who live at the facility are homeless. Unfortunately, he was victimized by a real estate agent because he did not know that the building was a major problem. He was under the impression he could just open the 12 CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES OCTOBER 10, 1995 business but the Fire Department and Building Department will not let him do so because the building needs to be brought up to code. They required him to modify the hallway to meet Fire Code requirements. He had no choice. He has already put a down payment on the building. He brought the building up to code and converted all the corridors to meet Fire Department standards. They suffered a lot of hardship in order to bring the building up to code. There are two wings in the facility. Mr. Dickel (ap), speaking for Mr. Encarnacion. When Mr. Encarnaclon first bought the place, he was told it would need minimal upgrading when in reality it needed major upgrading aa he was told by the Building Department and Fire Department. He had to move all hallways back 6" at a tremendous cost. The owner had to spend almost $100,000 to do the major upgrade. He got the Building Code signed off and opened the north wing on February 1, 1995. The other wing was completed and open in May of 1995. Licensing gave him a 45-bed capacity. Originally that was what the City was supposed to give him but somehow they gave him only 36. There was a Planning Coeunission hearing where neighbors had concerns and Mr. Encarnacion was denied the extra beds. The premise is that he needs the additional bede to pay off the large debt incurred by the major upgrade. Most of the major problems have been corrected. He locked the back gates of the facility which keep his residents separated from going out into the problem area. The residents have to stay within the confines of the facility and under stricter supervision. If he has any more residents, they will be under strict screening so that there will be no problems with the neighbors. Mr. Encarnacion is asking approval for the extra people so he can pay off the bills that the City made him incur in order to open. Dante Encarnacion. He asked that the City give him the opportunity to prove himself for one year and if he makes a mistake, they have the right to revoke his permit. He then explained for the Mayor that he does not live on the premises but lives about 3/4 of a mile away so that he can give close supervision to the facility. Mayor Daly asked if anyone else was present in favor of the proposal~ there was no response. The Mayor then noted that at the Planning Commission hearing there were three citizens in opposition. He asked the Planning Director to summarize the nature of the opposition. Joel Fick, Planning Director. This is an existing, non-conforming facility that historically has had 36 beds on site. Mr. Encarnacion is a recent purchaser of the property. When he acquired it, he found substandard construction on site and to bring it up to code, even for 36 beds, he had to spend some money. He has received State licensing approval to increase the beds on site up to 46 but to expand the existing non-conforming use, he needs a CUP. At the Planning Commission hearing, three residents who appeared expressed concern about some problems in the neighborhood - noise, congestion and access into the area. Mayor Daly. He notes the General Plan calls for commercial uses along this stretch of Anaheim Boulevard. Dante Encarnacion. Most of his clients are mentally ill and there is a shortage of beds in Orange County. The new people applying are being denied because of the neighbors. If he does not have extra beds, they are going to end up in the street. Most of his clients are sons and daughters of Orange County residents. He i8 devoting all his time to motivating these people in order to bring them back into society. After the last hearing, he tried his 13 CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES OCTOBER 10, 1995 best to work with the neighbors and give stronger supervision and now there are no incidents. Mayor Daly closed the Public Hearing. Council Member Zemel. He received a phone message from a Herm Stoffel, a letter from Herm and Caroline Stoffel and another letter from the same parties and a letter on behalf of the residents on West Hill Place signed by Mr. & Mrs. Solario, 122 West Hill Place, all in opposition. Joel Fick. He believes letters were received in advance of the Planning Commission meeting and forwarded to the Council~ Council Member Zemel. The phone message and one letter is dated October 9 and the other letters are August 7, 1995. City Attorney White. Those will be included as part of the record of tonight's hearing. Council Member Zemel. In reading the letters, the neighbors feel some of the events are still occurring. There is definitely a contradiction. The applicant stated he was supposed to be approved for 45 beds and something happened and he was only approved for 36 beds. He asked for staff input. Joel Fick. The non-conforming use was permitted for 36 beds. The applicant did additional construction on site that would accon~nodate 46 beds if the CUP were to be approved. He reiterated it is an existing non-conforming use on the site for 36 beds. Mayor Daly. What concerns him, it is already a non-conforming use under the City's General Plan. Anaheim has done more than its share in terms of providing needed facilities for the community. He is not sure this is consistent with good planning. The Planning Commission denied the request on a unanimous vote and he is going to move to deny the CUP and to deny the environmental finding. MOTION. Mayor Daly moved to deny the Negative Declaration. Council Member Zemel seconded the motion for purposes of discussion. Before further action was taken, Council Members Zemel and Feldhaus posed questions to staff for purposes of clarification which were answered by the Planning Director and also Mr. Encarnacion and his representative. Mr. Fick explained that it has been a number of years since the facility has been operating with 36 beds. He believes it was closed for a period of time and then reopened. Also, one of the residents did point out previously that there had been a number of calls for service in the area by the Police Department which has been disputed by the applicant. Mr. Encarnacion and his representative then confirmed that he reopened the first wing of the facility on February 1, 1995 and the second in May of 1995 and got everything signed off by the City of Anaheim or somebody else. After it was purchased by Mr. Encarnacion, it was upgraded and it now has room for 46 beds and has been licensed that way. The only reason the expansion to 46 beds was denied was because of the neighbors. City Attorney White clarified that as he understands the situation, many years ago, the facility was opened and operated as a legal 36-bed board and care facility. Over a period of years, it became a safety hazard and did not conform to applicable Building and Fire Codes. The facility was closed at a point not too long ago. The applicant bought the facility while it was closed 14 CITY OF ~.NAHEIMv CALIFORNIA COUNCIL MINUTES OCTOBER L0v 1995 and was told before it could be reopened he would have to bring it up to the necessary safety requirements as provided in the Building and Fire Code which he did at an expense to himself. He is now legally able to open and operate as a 36-bed facility. His testimony is that he would like to now have 10 additional beds because of the expense involved in bringing it up to code. The issue now is whether it will be operated as a 36-bed facility or a 46-bed facility. Gary Wilder, Fire Marshal. Board and care facilities are regulated by the State Fire Marshal's Office. They are the agency who would have had to close the facility. They also have to approve permits to increase patient capacity. To his knowledge, they have not done so. Council Member Lopez. He does not see a problem if the building is already there. Mayor Daly. He made his motion to deny strictly as a land use decision. South Anaheim Boulevard is a commercial corridor zoned for business uses in the City's General Plan and it is also in a Redevelopment area in order to revive the area commercially and remove blight. It is a very busy street. As a land use decision, he feels they should not allow the expansion. The business can continue to operate as a 36-bed facility even if the expansion is denied. Council Member Feldhaus. He understands the Mayor's attitude about zoning and land use, but the applicant is going to be a 36-bed facility in any case. He does not believe adding another 10 beds is going to make any difference. Council Member Zemel. He is going to support the Mayor's recommendation of denial based on the lot size as well as the fact that there are only six parking spaces where 37 would be required. Council Member Tait. In the initial staff report, the Planning Department recommended conditional approval. He knows it is prior to the Planning Commission hearing, but he would like to know the basis of that recommendation. Joel Fick. At the time, there was discussion about access to the site in and out of the neighborhood from Hill Street and a discrepancy about calls for service from the Police Department. The clarification from the Police Department since the Planning Commission meeting was that there were four reports taken, but 31 calls for service. There is still a dispute on what was substantiated and what was not. Since the original discussion and consideration of the site, a great deal of input has been received. He clarified that since January of 1995, only four Police reports were actually taken. Council Member Lopez. He agrees with Council Member Feldhaus that the applicant has spent a lot of money to bring the facility up to code. The building is already there. Since it does exist and there is a need for such facilities, he cannot see any reason to deny the application. Gary Wilder. Answering Council Member Feldhaus, he stated it is his understanding the State has not yet approved the 46 beds. If the CUP is granted, the building could probably be made to accommodate the 46. It is up to the Office of the State Architect to give the requirements to the applicant. The Fire Department simply goes out to inspect upon request to see 15 CITY OF ~NAHEIMt CALIFORNIA COUNCIL MINUTES OCTOBER 10v 1995 that the applicant has done what was requested. The State Architect does not take into consideration the types of problems that have occurred. Council Member Zemel. An 8,000 sq. ft. building on a 20,000 sq. ft. lot is excessive. It would be 46 people plus five employees or over 50 people. It is no wonder there are calls for service. Council Member Tait. This is a difficult one. They received a letter from an adjacent property owner who is on vacation. He would like to hear from some of the adjacent property owners and would like to continue the Public Hearing for one week. Council Member Lopez. He agreed. He would also like to hear from surrounding neighbors as to their complaints. MOTION. Council Member Tait moved to continue the subject Public Hearing for one week. Council Member Lopez seconded the motion. Before a vote was taken, City Attorney White clarified, if continued, the Public Hearing would be reopened in order to receive input from anyone who wishes to speak. The purpose of the continuance is to take testimony from the neighbors but the applicant should be able to give any additional input as well. A vote was then taken on the foregoing motion of continuance. MOTION CARRIED. The Council directed staff to notify those people who sent letters that the Public Hearing was continued. Mayor Daly noted that some citizens just arrived. He assumed they came regarding this ite~. He explained they would have the opportunity to speak next week and asked if they were present in support or opposition. From the audience, a representative spoke and stated they were opposed to an expansion of the facility. They will be present next week. Cl. 114~ Discussion requested by Mayor Daly at the meeting of October 3, 1995, Item C3, regarding proliferation of vacant corner lots in Anaheim at key intersections. Mayor Daly. Because of the state of the economy, there are quite a few lots in Anaheim that are vacant at major intersections. One of the busiest and most valuable is at the corner of Harbor and Katella. Staff has provided a map of the City with a key which indicates a total of 23 corner lots divided into categories (see report dated 10/10/95). Some of the lots are gas station sites currently undergoing environmental cleanup, others where new gas stations are expected to be built, and in other cases, it is unclear what the owner has in mind. Some lots are in foreclosure or entirely abandoned. His concern is the appearance of the community as well as the effect on the business climate and on property values near the affected intersections. He is suggesting that they use the list staff has developed and work with the property owners regarding some ty~e of cleanup and beautification and also attempt to be as creative as possible in devising ways the properties can be posted so that the public is aware of their status, i.e., that the site is going through a cleanup of the underground tanks or whatever the case may be. Staff has recommended a couple of possibilities in terms of landscaping, perhaps a small park site, etc. An idea suggested to him would be to work 16 CITY OF ANAHEIM, CALIFORNI~ COUNCIL MINUTES OCTOBER 10, 1995 with local nurseries and the property owner to temporarily place boxed trees on the corners. He would like staff to go into more detail on some of the options and generate additional options that might make sense. Council Member Zemel was in support of the idea~ Council Member Tait asked that staff go into more detail on the list they submitted. Some of the lots are in escrow and perhaps staff could ask the property owner what is planned for the property. Deputy Fire Marshal, Julie Kunze (in charge of the Fire Department's Underground Storage Program) explained on Council questioning, that a lot of the sites do take years to rehabilitate, the standard time being a minimum of one year from when gas tanks are removed, to cleanup. The Fire Department took over the program from the Orange County Health Care Agency in 1991 and inherited a lot of sites, some of which are still in process. She confirmed that future use of the property is not part of the discussion with the property owner at all. It would depend on the cost of cleanup whether they reopen the site as a gas station or some other use. Jeff Kirsch, 2661 W. Palais, Anaheim. He suggested possibly a ground lease noting that not too long ago there was a gentleman who spoke to the Council relative to the lack of sites in the City where he could locate his strawberry stands. Staff was directed to return in the future with additional recommendations and options to improve the appearance of vacant corner lots at intersections. C2. 114~ Discussion requested by Council Member Frank Feldhaus at the meeting of October 3, 1995, Item C3, regarding a letter of September 26, 1995, from the Executive Director of Community Development asking for Council Member participation on Advisory Board for Anaheim One-Stop Center (JTP). Lisa Stipkovich, Executive Director of Comunity Development. The reason for this was at the request of the Private Industry Council (PIC) who is recommending the composition of the Advisory Board. As far as the other recommendations, those are the entities PIC felt most appropriate to be on the new board in order to get started on what they think is the future for job training programs -- the concept of a one-stop shopping career center and also tying in with the school-to-career programs. Marge Pritchard, Job Training Manager. This was a request by the PIC to form a task force to oversee the implementation and development of the center as well as the full implementation throughout the year of the $600,000 grant as they keep an eye on new legislation pending for the State system of one-stop centers. It is the organizing vehicle to bring together fragmented pieces of employment and training programs that exist now within the community and throughout other communities as well to give better services to clients, particularly those who are seeking retraining and new employment and to the employer who is seeking to find qualified individuals. MOTION. Council Member Zemel moved to appoint Mayor Pro Tem, Frank Feldhaus to the Advisory Board. Mayor Daly seconded the motion. MOTION CARRIED. 17 CITY OF ~'AHEIMv CALIFORNIA COUNCIL MINUTE8 OCTOBER 10v 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 City Council Meeting of October 10, 1995 was adjourned to Tuesday, October 17, 1995 at 2500 P.M. for a Workshop and Closed Session (7=12 P.M.) LEONORA N. SOHL CITY CLERK 18