1995/10/17CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTES
OCTOBER 17, 1995
The City Council of the City of Anaheim met in adjourned 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
ASSISTANT CITY CLERK: Ann M. Sauvageau
UTILITIES GENERAL MANAGER: Edward Aghjayan
UTILITIES ASST. GENERAL MANAGER - ELECTRIC SERVICES:
Brian Brady
Mayor Daly called the adjourned regular meeting of October 10, 1995 (held
October 17, 1995) to order for a workshop on a Utilities matter (2:20 P.M.).
City Manager, James Ruth. Today's presentation by the Utilities Department is
on Electric Industry Restructuring. He introduced Ed Aghjayan who will begin
the presentation.
175: ELECTRIC INDUSTRY RESTRUCTURING: Ed Aghjayan, Public Utilities General
Manager. The presentation is an update from the last presentation to the
Council in August, 1994 relative to the subject. No final decisions have been
made but enough has transpired since that time to now see a general direction
of where things are headed. Mr. Aghjayan's presentation consisted of a series
of slides, hard copies of which were submitted to the Council at the close of
the presentation. (See - City Council Workshop Presentation: Electric
Industry Restructuring - October 17, 1995, attached to which were hard copies
of the slides.)
Mr. Aghjayan first briefed Anaheim's goals in the restructuring process and
covered the following subjects -- the most likely scenario, three phases of
the industry (now - transition period - future), Public Utilities Commission
jurisdiction over Anaheim, what happens during and after the transition
period, what it will take to be prepared for both the transition and post
transition period, what it means for the City of Anaheim, and the actions that
will likely be coming to the Council in the next year as a result of
restructuring.
In concluding, Mr. Aghjayan explained that the Public Utilities is still a
very profitable utility, they are continuing to lower commercial-industrial
rates and to work with commercial customers, and the City is one of only two
utilities in southern California to have its credit rating kept at the current
level. He feels they are at the head of the pack, but much remains. All the
other utilities in the business including Edison and San Diego have the same
issues to face in terms of meeting competition. The competition is most
likely going to be coming from private suppliers including companies like
Pacificor out of the northwest. He is comfortable that they have a good staff
working on this issue and feels it is going to end up in a very positive vein
for Anaheim's customers and citizens. It is an issue that is so important
because of the asset value of the Utilities with a book value of somewhere
under one billion dollars, a net asset value of almost .200 million and a
market value in excess of that which must be protected.
CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTE8 OCTOBER l?v 1995
Questions were then posed by Mayor Daly and Council Members which were
answered by Mr. Aghjayan. He also explained for the Mayor that the next
update will be in approximately six to eight weeks.
Mayor Daly thanked Mr. Aghjayan for the informative presentation. The Council
will look forward to a future report on this important issue.
ADJOURNMENTs By general Council consent, the adjourned regular meeting of
October 10, 1995 (held October 17, 1995) was adjourned. (2=44 P.M.)
LEONORA N. SOHL
CITY CLERK
CITY OF ANAHEIMt CALIFORNIA COUNCIL MINUTES
OCTOBER l?v 1995
The City Council of the City of Anaheim met in regular session.
PRESENT .'
PRESENT:
ABSENT:
PRESENT s
MAYOR: Daly
COUNCIL MEMBERS= Tait, Lop, z, Zemel, Feldhaus
COUNCIL MEMBERS= None
CITY MANAGER~ James Ruth
CITY ATTORNEYs Jack White
CITY CLERK= Leonora N. Sohl
PLANNING DIRECTOR= Joel Fick
SUPERINTENDENT, PARKS & GOLFs Jack Kudron
ZONING ADMINISTRAROR= Annika Santalahti
UTILITIES GENERAL MANAGERs Edward Aghjayan
TRAFFIC AND TRANSPORTATION MANAGERs John Lower
UTILITIES ASST. GENERAL MANAGER - ELECTRIC SERVICESs
Brian Brady
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 11=17 a.m. on October 13, 1995 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Daly called the meeting to order at 2~45 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 Seeslon 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 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 LITIGATIONs
Name of case= Anaheim Stadium Associates v. City of Anaheim, Orange
County Superior Court Case No. 44-81-74~ Anaheim Stadium Associates
v. City of Anaheim, Orange County Superior court Case No. 73-26-65~
Anaheim Stadium Associates v. Anaheim Redevelopment Agency, Orange
County Superior Court Case No. 73-70-20.
3e
PUBLIC EMPLOYEE PERFORMANCE EVALUATION (ANNUAL REVIEW)
TITLE= City Manager and City Clerk
C?TY OF AN~,HE~'M, C&L'rFORNIA COUNCIL M~'NUTES OCTOBER 1.7, 1.995
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION:
Name of case: Anaheim Redevelopment Agency v. Southern California
Gas Company, et al, Orange County Superior Court Case No. 71-70-49.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION:
Name of case: Delmonico, et al. v. City of Anaheim, Orange County
Superior Court Case No. 70-80-71 (and 16 consolidated actions).
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION:
Name of case: City of Lake Forest, et al., v. County of Orange, et
al., Orange County Superior Court Case No. 74-78-57 (transferred to
San Diego County Superior Court).
RECESS: Mayor Daly moved to recess into Closed Session. Council Member Zemel
seconded the motion. MOTION CARRIED. (2:46 p.m.)
AFTER RECESS:
The Mayor called the meeting to order, all Council Members being
present, and welcomed those in attendance to the Council meeting.
(5:45 p.m.).
INVOCATIONs
Reverend Bob Kuest, Anaheim First Christian Church, gave the
invocation.
FLAG SALUTEs
Council Member Tom Tait led the assembly in the Pledge of Allegiance
to the Flag.
119: DECLARATIONS OF RECO~NITION~ Declarations of Recognition were
unanimously adopted by the City Council recognizing outstanding Block Captains
in their respective areas -- Marilyn Silverstein, Nona Espland, Lila Jagears
and Mary Lou Miller.
Captain Jack Parra of the Anaheim Police Department introduced each of the
women and briefed the Council and the audience on the reasons why these Block
Captains were singled out for personal recommendations and also for providing
invaluable assistance to the Anaheim Police Department and the Neighborhood
Watch Program.
Mayor Daly and Council Members personally congratulated and commended the
women, especially for the positive impact they have in their communities and
the outstanding examples and role models they are for the 600 Neighborhood
Watch Programs established in the City.
CITY OF ANAHEIM, CALIFORNIa COUNCIL MINUTES OCTOBER 17, 1995
119: RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED
AT ANOTHER TINE:
1. DECLARATION recognizing Autonetics on the occasion of their 40th
Anniversary.
2. PROCLAMATION recognizing October 20 - 21, 1995, as Friendship
Baptist Church Women's Ministry Weekend.
3. PROCLAMATION recognizing October 22 - 28, 1995, as Red Ribbon
Celebration Week.
4. PROCLAMATION recognizing October 25, 1995, as Spiritual
Reaffirmation Day in Anaheim.
5. PROCLAMATION recognizing October 28, 1995, as Make a Difference
Day.
6. DECLARATION recognizing Midge Taggart for her contribution to the
community.
7. PROCLAMATION recognizing June 24 - 30, 1996, as State Collectors
Week in Anaheim.
8. PROCLAMATION recognizing the Mighty Ducks Hockey Team as they
begin their next season.
9. DECLARATION recognizing O. G. Tommy Thomason for his contribution
to Loara High School.
10. DECLARATION recognizing Coach Hill for his contribution to Loara
High School.
11. DECLARATION recognizing Rick Marino for his contribution to Loara
High School.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $6,153,959.04 for
the period ending October 13, 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. (5:45 p.m.)
Mayor Daly reconvened the City Council meeting. (5:56 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:
Public input was received on agenda Item SS.
that Item.
See discussion under
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and
resolutions to be acted upon for the Council meeting of October 17,
1995. Council Member Zemel seconded the motion. MOTION CARRIED.
CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES OCTOBER 17, 1995
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 No. 95R-177, for adoption. Refer to
Resolution Book.
Al.
1185 The following claims were filed against the City and action
taken as recommended5
Claims rejected and referred to Risk Management:
a. Claim submitted by Ted Mendoza for property damage sustained
purportedly due to actions of the City on or about September 7, 1995.
b. Claim submitted by Ana Maria Torres for property damage sustained
purportedly due to actions of the City on or about July 18, 1995.
c. Claim submitted by Lori A. Linn c/o Richard L. Quint, Esq. for
bodily injury sustained purportedly due to actions of the City on or
about August 18, 1995.
A2.
1055 Receiving and filing minutes of the Anaheim Private Industry
Council meeting held August 24, 1995.
173: Receiving and filing a Notice of Application for passenger
stage authority by Pacific Coast Sightseeing Tours for bus service
between Los Angeles International Airport, the John Wayne Airport and
hotels and motels surrounding the Disneyland area.
Council Member Tait abstained on this Item.
A3.
105: Receiving and filing minutes of the Community Redevelopment
Commission meeting held July 19, 1995.
A4.
1605 Accepting the low bid of Ail Seasons Tire, in an amount not to
exceed $16,993.94 for light bias truck and farm tires, in accordance
with Bid $5435.
160= Accepting the low bid of Dapper Tire, Inc., in an amount not to
exceed $18,443.60 for passenger tires and tubes, in accordance with
Bid $5435.
1605 Accepting the low bid of Parkhouse Tire Company, in an amount
not to exceed $74,887.06 for radial light truck commercial radial and
bias truck tires, in accordance with Bid $5435.
A5.
1605 Authorizing the Purchasing Agent to issue a Change Order to
Southern Counties Oil Company; and to General Petroleum, in an amount
not to exceed $988,000 for an estimated 266,000 gallons of diesel $2
and 651,000 gallons of premium unleaded gasoline for a period of one
year beginning November 1, 1995, in accordance with Bid $5316.
Council Member Tait abstained on this Item.
CITY OF ~NAHEIMv CALIFORNIA COUNCIL MINUTES OCTOBER l?v 1995
A6.
123= Approving an Agreement with the Boys and Girls Club of Anaheim,
Inc., in the amount of $35,000 to provide recreational and
educational services to youth in the City of Anaheim.
A7.
123~ Approving an Agreement with the UCI - North Orange County
Community Clinic, in the amount of $47,000 to provide health care
services to residents in the City of Anaheim.
A8.
123= Approving an Agreement with the Orange County Fair Housing
Council, in the amount of $70,000 for community outreach, education,
counseling and mediation services related to fair housing.
Lisa Stipkovich, Executive Director of Community Development answering Council
Member Zemel relative to the subject, clarified that the City, in order to
receive the Block Grant money, must provide for Housing services and this is
the most cost-efficient way.
Ag.
116= Approving a One-Stop Career Center Implementation Plan, in the
amount of $600,000~ and authorizing the JTP Manager to execute any
necessary subcontract agreements and modifications.
106= Amending the Fiscal Year (FY) 1995-96 Budget increasing
revenues and expenditures in Fund 220, in the amount of $1,051,087.
Al0.
153~ Approving the 1996 Health & Welfare Benefits Plan rates~ and
authorizing the Human Resources Manager to sign all required renewal
documents on behalf of the City.
All.
152~ Approving the form of the Program Participation Agreements for
the Anaheim Resort Signage Program~ and authorizing the City Manager
to enter into such agreements with property owners or their
authorized agents on behalf of the City.
Mayor Daly. He thanked staff for moving so quickly on this very important
visual improvement to the neighborhood around Disneyland. Some of the new
signs have already gone up. This series of agreements will allow for the
participation of many more property owners. He asked how many were expected
to be installing these signs within the next 6 - 12 months.
Joel Fick, Planning Director. Staff has been in contact with each of the
business and property owners in the Anaheim Resort Area. He is happy to
re~ort 14 property owners are ready immediately to move ahead with the
signage. The contract before the Council tonight will allow staff to move
forward right away with installation. As part of the program, he expects some
140 signs total will be addressed through the program.
A12.
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 Anaheiml and taking no
action to terminate the local emergency at this time.
A13.
175= RESOLUTION NO. 95R-177~ A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM AUTHORIZING THE SUBMITTAL OF A USED OIL RECYCLING
BLOCK GRANT FOURTH CYCLE APPLICATION TO THE CALIFORNIA INTEGRATED
WASTE MANAGEMENT BOARD TO CONTINUE AND EXPAND THE PUBLIC UTILITIES
DEPARTMENT'S USED OIL RECYCLING PROGRAM, AUTHORIZING THE ACCEPTANCE
BY THE CITY OF A USED OIL RECYCLING BLOCK GRANT - FOURTH CYCLE FROM
CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES OCTOBER 17, 1995
THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD IN THE AMOUNT OF
$91,915, AND AUTHORIZING THE PUBLIC UTILITIES GENERAL MANAGER TO
EXECUTE ANY DOCUMENTS ON BEHALF OF THE CITY ~ AND TO TAKE ANY AND ALL
ACTIONS WHICH ARE NECESSARY FOR THE PURPOSE OF SECURING USED OIL
RECYCLING BLOCK GRANT - FOURTH CYCLE FUNDS.
A14 ·
123~ Approving an Agreement for Legal Services with Preston Gates &
Ellis for bond counsel services in connection with the Public
Utilities Department's financing.
A15.
123~ Approving an Agreement with Petty-Gilbertson-Cox, dba
Con~unication Links, to develop marketing plans and strategies for
the two City golf courses at a cost not to exceed $32,000.
Council Men~er Tait asked about some of the things that have been done to date
and what is staff looking for in this proposal relative to a marketing
strategy.
Jack Kudron, Superintendent of Parks and Golf. They have made several moves
in terms of a fee structure over the year, increasing fees on Fridays to the
weekend rate, and increasing cart fees by 10% on July 1, 1995. In addition,
they have done numerous promotions on both carts and the ranges in terms of
bringing in additional revenue. The first quarter of this year was the
highest grossing quarter that golf has ever had--over $1.5 million. The
purpose of getting a consultant to do some marketing studies is to find what
their niche is in the market relative to local competition, to look at
particular target segments such as women, juniors, seniors to see if they can
better hone their advertising and promotion efforts towards those types of
populations, look at differentiating the courses in terms of the fee
structure, etc. They are getting a lot of input that Anaheim Hills could move
up in terms of a fee structure and compete with some of the courses that are a
little higher in terms of the market place for fees. It will include a
pricing strategy.
Mayor Daly. He noted the firm is from Arizona. He asked if they had done
work in Southern California sufficient to convince staff that their ideas and
recommendations are going to be worthwhile and have they had an opportunity to
talk to some of the their other clients.
Jack Kudron. They have not done work in Southern California. As the staff
report indicates, they sent out 18 Request for Quotations (RFQ) and received
three responses -- one was a California group, one from Pennsylvania, and one
from Arizona. They felt the Arizona group had a much better handle on the
golf industry and demonstrated very good marketing in the courses they have
been involved in. Their fee was in line and they committed to doing a very
thorough survey of the local competition. They provided references and he
talked to each and every one. Those contacted had nothing but the highest
marks in regard to their efforts. Their work is primarily in Arizona. They
are a new, aggressive, young, creative company.
Council Member Feldhaus. He questions the need for spending $32,000 for a
consultant. In the past year, golf has done all the ~hings they said American
Golf would do if they took over the courses. It seems the City is doing very
well. He is not convinced there is justification to spend $32,000.
City Manager Ruth. Staff feels there is room for growth and there are still
thousands of rounds of golf they can still capture. They are trying to find
that market and want to emphasize the whole marketing strategy is to do so and
6
CITY OF ANAHEIMv CALIFORNIA COUNCIL HINUTES OCTOBER 17, 1995
try to maximize it. He feels there is still a niche they are not getting.
Both courses can absorb several thousand more rounds of golf. The cost will
be more than offset by the new revenue it will generate.
Jack Kudron. Golf statistics nationwide show golf play is down 7%. They have
a certain market share they need to hold on to. In following the Council's
direction to obtain more revenue for the General Fund, staff felt it was
beneficial to get an outside look at what the market will bear.
Council Member Zemel. After further discussion and questioning, he asked the
City Manager if he feels this is a good investment which will yield increased
revenues for the City.
City Manager Ruth. He answered absolutely and feels they will definitely get
a good return on their investment.
Council Member Feldhaus. He is going to vote no~ Council Member Lopez. He is
also going to vote no. It does not make sense to him.
Mayor Daly. He will s~eak in favor -- the Council has challenged staff to
maximize revenue at the City's two courses and they need to give them the
opportunity to manage to their best capabilities and obtain as many good ideas
as they can to achieve their goals. Neither course is at maximum capacity as
yet. Staff is advising that an outside look at the marketing strategies will
pay for itself in a short time. It is a recommendation that warrants support.
Council Member Zemel. The prior Council gave instruction to staff as
articulated by the Mayor so he is going to support the recommendation as well.
Council Member Tait. He also believes the Council gave staff the
responsibility to maximize revenues along with the authority to accomplish
that goal. He questions using an out-of-state firm doing a local marketing
analysis, but with 18 RFQ's going out, he believes it was fair and staff has
their reasons for choosing the recommended firm. He is in support.
A16.
114: Approving minutes of the Anaheim City Council meeting held
September 26, 1995.
Roll Call Vote on Resolutio~ No. 95R-177 for adoDtion~
AYES~
NOES~
ABSENT=
MAYOR/COUNCIL MEMBERS~
MAYOR/COUNCIL MEMBERS=
MAYOR/COUNCIL MEMBERS~
Tait, Lopez, Zemel, Feldhaus, Daly
None
None
The Mayor declared Resolution No. 95R-177 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED and were all ayes with the following
exceptions~ Item A2 and A5 - Council Member Tait abstained~ Item A15 - Council
Member Lopez and Feldhaus voted no.
CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES OCTOBER 17, 1995
PRIVATE INDUSTRY COUNCIL APPOINTMENTS:
Al7.
105: To consider the reappointment of Mr. Thomas Kurtz,
Superintendent, North Orange County Regional Occupational Program
(NOCROP) to the Anaheim Private Industry Council (PIC) for a term of
four years representing the PIC educational category.
Council Member Feldhaus nominated Frank Jacobson for reappointment to the
Private Industry Council representing the private sector category.
Council Member Lopez nominated Jill Bolton for appointment to the Private
Industry Council in the private sector category.
MOTION. Mayor Daly moved to close nominations. Council Member Feldhaus
seconded the motion. MOTION CARRIED.
Frank Jacobson was thereupon reappointed and Jill Bolton appointed to the
Private Industry Council in the private sector category each for a four-year
term.
ITEMS BI - B2 FROM THE ZONING ADMINISTRATOR MEETING OF SEPTEMBER 28r
1995. DECISION DAng: OCTOBER 5, 1995 INFORMATION ONLY - APPEAL
PERIOD ENDS OCTOBER 20. 1995
B1.
179~ VARIANCE NO. 4280. CATEGORIC~?~ EXEMPTt CLASS 3:
OWNER: ROGER CHEN, 745 East Peralta Hills Drive, Anaheim, CA 92807
AGENT: Brion S. Jannette, 470 Old Newport Boulevard, Newport Beach,
CA 92663
LOCATION:745 East Peralta Hills Drive. Subject property is
approximately 6 acres, having a frontage of approximately 339 feet.
Waiver of maximum structural height, to construct a single family
residence.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4280 APPROVED (ZA Decision No. 95-26).
Miriam Kaywood, Anaheim. The applicant is requesting a waiver of maximum
structural height in Peralta Hills, but it does not say how high. There is
supposed to be a 25' height limitation in that area.
Council Member Lopez. The request is for 40'.
Mayor Daly. He asked if there was any neighborhood opposition expressed.
Annika Santalahti, Zoning Administrator. Notification went out 800' from the
property in question. There was no public commentary either for or against.
It involves the most south-westerly corner of the property. Even though the
height seems quite high, it has a fairly large basement and when measured from
the basement up, the majority of the house is going to be closer to 30'
visually. It is only on one side where it will be 40.'. It does not come into
anyone's line of site from adjacent properties. The southern portion of the
property is undeveloped at this time.
Council Member Zemel. Reading the background, he was concerned until he got
to the basement situation. It seems to him they should measure from the
ground and not the bottom of the basement because 40' sounds extreme.
8
CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTES OCTOBER l?v 1995
City Attorney White. Staff has looked at this previously several years ago.
In defining a basement where it is on a grade and a slope, while part of the
basement will be subterranean and built into the slope, one wall is going to
be exposed from the lowest grade level. While one end of the basement is going
to be buried, the other end will be exposed and that is where the measurement
is taken.
Annika Santalahti. She confirmed that no one came to the Zoning Administrator
Public Hearing and no correspondence was received. Physically, quite a large
area was notified. The entire gray area as noted on the map provided is where
the 300' is measured from. In this particular location, she felt the waiver
was acceptable. She was surprised that no one was present. In the past,
people have attended the Public Hearing when such a request is made but
apparently this location is acceptable to people.
No action was taken by the Council.
B2.
179~ VARIANCE NO. 4281r CATE~ORI~T~ EXEMPTr ~LAS$ 3:
OWNER: RONALD & YVETTE HUDSON, 6441 Shady Valley Lane, Anaheim, CA
92807
AGENT: CARLTON NALTY, 2748 Melissa Street, West Covina, CA 91792
LOCATION: 702 South Rosecrest Circle. Property is approximately
0.60 acre located at the southeast corner of Bridgewood Drive and
Rosecrest Circle.
Waiver of required front yard setback, to construct a 5,219 square
foot single-family residence within Development Area i of the
Highlands at Anaheim Hills (SP87-1).
~CTION TAKEN BY TH~ ZONING ADMINISTRATOR:
Variance No. 4281 APPROVED (ZA DeciBion No. 95-27).
END OF T~E ZONING ADMINISTRATOR ITEMS.
ITEMS B3 - Bll FROM THE pLaitING COMMISSION MEETING OF OCTOBER 2,
1995. INFORMATION ONLY - APPEAL PERIOD ENDS OCTOBER 24~ 1995
B3.
~79: VARIANCE NO. 4278 AND NEGATIVE DECLARATIONS
OWNER: CITADEL APARTMENTS, A CALIFORNIA GENERAL PARTNERSHIP, 433 N.
Camden Drive, 12th Floor, Beverly Hills, CA 90210
AGENT: WESTERN TECHNICAL SERVICES, 1550 S. Sunkist, Suite "J",
Anaheim, CA 92806
~OCATION: 150 South Maqnolia Avenue (Citadel ADartments~. Property
is approximately 4.59 acres located on the east side of Magnolia
Avenue and approximately 333 feet north of the centerline of
Broadway.
Waiver of permitted accessory uses and structures and maximum
Btructural height to construct a 42-foot high microwave dish
antenna.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4278 DENIED (PC95-123) (4 yes votes, 1 abstained, and
2 absent).
Approved Negative Declaration.
CITY OF ANAHEIM, CALIFORNI& COUNCIL MINUTES OCTOBER 17, 1995
B4. 179~ CONDXTXONAL USE PERMIT NO. 3454 AND NEGATIVE DECLARATXON~
OWNER: HY~AIL PARTNERS 2, Attn: Lance D. Alworth and Josie Miller,
990 Highland Drive, Ste. 300, Solana Beach, CA 92075
LOCATION: 155 South Adams Street. Property is approximately 3.3
acres located on the north side of Broadway at the southerly terminus
of Adams Street.
Petitioner requests readvertisement of Conditional Use Permit No.
3454 to amend a condition of approval pertaining to permitted
freestanding signage.
ACTION TAKEN BY TH~ PLANNING COMMISSION:
APPROVED amendment to conditions of approval for CUP NO. 3454
(PC95-124) (5 yes votes, 2 absent).
Negative Declaration previously approved.
BS.
179~ CONDITIONAL USE PERMIT NO. 2910 AND NEGATIVE DECLARATION=
OWNER= MAHIN RASTEGARI, 1108 N. Acacia Street, Anaheim, CA 92805
LOCATIONs 1108 N. Acacia Street. Property is approximately 0.36
acres located on the east side of Acacia Street and approximately 525
feet south of the centerline of Romneya Drive and further described
as 1108 North Acacia Street.
To expand an existing child-care facility from 24 children to 30
children.
ACTION TAKEN BY THE PLANNING COMMISSION=
Approved expansion (from 24 children to 30 children) for CUP NO. 2910
(PC95-125) (5 yes votes, 2 absent).
Negative Declaration previously approved.
Jacob Rastegari, 1108 N. Acacia, Anaheim. Ne is one of the property owners
but the preschool is not his but owned by his sister-in-law. He confirmed for
the Mayor that he is a homeowner on the property but is opposing the expansion
from 24 to 30. There is one driveway for two tenants. In the morning when he
wants to go walking or take his children to school, his driveway is blocked by
parent's cars. She (his sister-in-law, Mahin Rastegari) has been aware of the
problem for a year but now she wants to have six more children. If it is a
non-profit organization, he questions why they need six more children. He has
lived on the property for 10 years and his brother and sister-in-law know he
has a problem.
City Attorney White. He explained that this is not a Public Hearing tonight.
The item is only on the agenda to determine whether or not the Council wishes
to set it for a Public Hearing thereby requesting a review of the Planning
Con~nission's decision in approving the expansion of the facility. If the City
Council determines not to set it for a Public Hearing, Mr. Rastegari or anyone
else could appeal the decision in writing to the City Clerk's office and
paying the appropriate appeal fee. Mr. Rastegari is appearing tonight to
convince the Council to set the matter for a hearing so that he does not have
to file the appeal.
Mr. Rastegari. He is unemployed. If he could afford to do so, he would
appeal the decision but since he cannot, he is requesting that the Council do
so.
No action was taken by the Council at this time.
10
CITY OF J~NAHEIMv C~IFORNIA COUNCIL MINUTES OCTOBER l?v 1995
56.
~79~ WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERNIT NO. 3794 AND
I~EOATIVE DEC~.,~%TION:
OWNER: CALIFORNIA INSTITUTE OF TECHNOLOGY, C/O San Marino Escrow,
2030 Huntington Drive, San Marino, CA 91108
AGENT: ROBERT MICKELSON, 121 W. Rose Avenue, Orange, CA 92667
LOCATION: 4530 East La Palms Avenue. Property is approximately 0.43
acre and located on the south side of La Palms Avenue and
approximately 420 feet east of the centerline of Lakeview Avenue.
To permit an automobile sales facility with waiver of permitted
encroachments into required yard areas.
ACTION TAKEN ~Y THE PLANNING COMMISSIONs
CUP NO. 3794 GRANTED (PC95-126) (5 yes votes, 2 absent).
Approved waiver of code requirement.
Approved Negative Declaration.
Mayor Daly. He would like to hear staff's perspective of the appropriateness
of auto sales in this particular neighborhood.
Joel Fick, Planning Director. The item was approved by the Planning
Commission and auto sales are incorporated into the recently adopted Specific
Plan for the area. It is in concert with that plan. Sales will involve late
model cars which was the representation to the Planning Commission. The use
is allowable, but by a CUP.
Mayor Daly. He does not believe there are any other auto lots in the area and
wanted to clarify that the Planning staff is comfortable with this.
Joel Fick. Staff is comfortable with it. It is a use that was reviewed by
Planning staff and Redevelolmnent staff. The Planning Commission did make some
enhancements. There is an existing 3' of landscaping along LaPalma now from
the existing right of way. The Planning Conunission asked that a landscaping
plan come back to them under Reports and Recommendations that would provide
enhanced landscaping along the frontage.
Council Me~ber Zemel asked if this involves retail sales and sales tax will be
collected~ Mr. Fick confirmed that was correct.
No action was taken by The Council
57.
~79~ CONDiTiONAL US~ PERMIT NO. 3795 AND Iq~OA~IVE DECLARATION:
OWNER: QRE HOLDING COMPANY, 2115 Crescent Avenue, 201, Anaheim, CA
92801
AGENT: MAHMOUD AL-KHALILI, 2543 Winston Avenue, Apartment SC,
Anaheim CA 92804
LOCATIONs Property consists of two (2) irregularly-shaped parcels of
land:
Parcel I consists of approximately 3.4 acres located at the northeast
corner of Crescent Avenue and Valley Street, having approximate
frontages of 490 feet on the north side of Crescent Avenue and 240
feet on the east side of Valley Street, and further described as
2101-2121 West Crescent Avenue.
Parcel 2 consists of approximately 9.2 acres located north of the
Orange County Flood Control Channel having a frontage of
approximately 840 feet on the east side of Valley Street, having a
maximum depth of approximately 890 feet and being located
approximately 60 feet north of the centerline of crescent, and
11
CITY OF ANAHEIM; CALIFORNIA COUNCIL MINUTES OCTOBER 17; 1995
further described as 700-720 North Valley Street (Tri Freeway
Con~nerce Park).
To permit a 4,062 square foot cultural center to be affiliated with a
religious organization.
ACTION TAKEN BY THE PLANNING COMMISSION=
CUP NO. 3795 GRANTED (PC95-127) (5 yes votes, 2 absent).
Approved Negative Declaration.
Mayor Daly. The property backs up to the I-5 Freeway near Crescent. He asked
if this was going to be a new building, or are they converting what he
believes are the old Borax buildings.
Joel Fick. This is actually a different location within an existing
industrial building. The project was approved. The proposal is for a youth
counseling center and an information resources center affiliated with a
religious organization. It is not connected with the church on the old Borax
site on the other side of the freeway.
BB.
179: CONDITIONAL USE PERMIT NO. 3793 AND NEGATIVE DECLARATION;
OWNER: FERRIS & MOORE PARTNERSHIP, P.O. Box 225, Attn: Roy Moore,
Los Alamitos, CA 90720
LOCATION: 1916 West Ball Road. Property is approximately 0.98 acre
located on the south side of Ball Road and approximately 200 feet
west of the centerline of Nutwood Street.
To establish a church within an existing 5,763-square foot wedding
chapel.
AcTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3793 GRANTED (PC95-128) (5 yes votes, 2 absent).
Approved Negative Declaration.
Bg.
REPORT AND RECOMMENDATION ITEMS~
179: CONDITIONAL USE PERMIT NO. 3701 - REVIEW FOR SUBSTANTIAL
CONFORMANCE DETERMINATXONx
REQUESTED BY~ Doug Browne, P.O. Box 18021, Anaheim, CA 92817-8012
LOCATION: PropeFt¥ is %ocated at 6270 E. Santa Ana Canyon Road.
Petitioner requests a substantial conformance determination in
conjunction with Conditional Use Permit No. 3701 (to permit a child-
care facility within two temporary trailers with waiver of minimum
structural setback abutting a scenic expressway) to permit a private
tutoring center (grades K through 12) within a temporary trailer
facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3701 determined to be in substantial conformance (to expire
7/25/95)°
B10 ·
179~ CODE AMENDMENT NO. 95-05~
Donahue Schriber, Attn: Ernie Weber, 3501 Jamboree Rd., Ste. 300,
South Tower Newport Beach, CA 92660
Petitioner requests an amendment to Section 15 of Ordinance No. 5497
pertaining to communication antennas.
12
CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTES OCTOBER 17v 1995
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended to the City Council the adoption of the ordinance
modifying Subsection B of Section 15 of Ordinance No. 5497.
Mayor Daly offered Ordinance No. 5528 for first reading.
ORDINANCE NO. 5528 (INTRODUCTION) Amending Section 15 of Ordinance
No. 5497 pertaining to Communications Antennas.
ORDINANCE NO. 5528 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SECTION 15 OF ORDINANCE NO. 5497 PERTAINING TO
COMMUNICATION ANTENNAS.
Bll.
CONDITIONAL USE PERMIT NO, 3516 - SUBSTANTIAL CONFORMANCE
D~ERMINATION REOUEST:
REQUESTED BY: LANCE D. ALWORTH, 990 Highland Drive, Ste. 300, Solana
Beach, CA 92075
LOCATION: Property is located at 1703-1709 South State Colleae
Boulevard.
Petitioner requests review of revised sign plans for substantial
conformance in conjunction with Conditional use Permit No. 3516 (to
permit a self-storage facility).
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined that the sign plans are in substantial conformance with
previously-approved exhibits.
END OF THE PLANNING COMMISSION ITEMS.
B12.
179: ORDINANCE NO. 5527 FOR ADOPTION: 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. (Introduced
at the meeting of October 10, 1995, Item B13.)
Mayor Daly offered Ordinance No. 5527 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 5527: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE
ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO ZONING. (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.)
1%oll CaXX Vote on Ord£nance No, 5527, 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. 5527, duly passed and adopted.
13
CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES OCTOBER 17, 1995
Cl.
175: Endorsing the concept of a Universal Telecommunications System
public/private partnership~ and authorizing staff to negotiate with
Industrial Construction Services, Inc., and SpectraNet International
as finalists for the partnership~ and directing staff to complete the
financial review of the two finalists and return a recommendation of
one finalist to TPAC by November 16, 1995~ and directing staff to
begin the process of retaining consultants to undertake the due
diligence process that will be necessary to complete negotiations and
finalize the financial and governance framework.
See staff report dated October 17, 1995 - Attached to the staff report was
report entitled, Telecommunications Development Proposal Evaluation Sun, nary
Report with attachment A.
Mayor Daly. He referred to the extensive staff report and asked Mr. Aghjayan
to summarize the proposal and recommendation.
Ed Aghjayan, Public Utilities General Manager. This is a recommendation
coming forward from the Telecommunications Policy Committee. It is the same
presentation previously given to the Council with some additions. Hard copies
of the presentation have been submitted (see booklet entitled,
Telecommunications Development Proposal Evaluation - October 17, 1995). He
then briefed/summarized the extensive information provided. They have reached
a "water shed" point in terms of being prepared to recommend finalization of
negotiations on a Universal Telecoeununications System. The material provided
shows the substantive benefits for the City. The Advisory Committee reviewed
the presentation and the staff report and unanimously recommended the staff
recommendation. They are doing an independent financial review of the two
finalists and will make a recommendation by November 16, 1995 on one finalist.
They expect a four to six month due diligence effort after that where they
will develop the governance agreements, contracts among the various parties,
create the governance structure and finalize the technical operations and
financial analysis. Subsequently, it will be brought back to the Council for
signing of the contract. They want to make sure it is a fundable project that
can be bonded and have the Council understand completely how it is structured
and governed. The presentation he was going to make which is in the hard copy
submitted talks about what they are looking for. He then elaborated further
on the status and the recommendation.
Council Member Feldhaus. While he is still in favor of the project and the
role of the City as facilitator, he is concerned should the City be exposed to
financial guarantees. He also asked what would happen to current service
providers such as Pac Bell and Multivision.
Ed Aghjayan. Pac Bell responded to the proposal. It is not a proposal that
would be exclusive of any other proposal. They could form the public/private
partnership and continue to work with Pac Bell on some of the ideas they have.
The philosophy is that it helps to have competition at all levels. It will be
in the best interest of the rate payers who will have more choices. Staff
encourages the construction of the system. Relative to financing, they are
not talking about running a telecommunications utility but the question of
regulation and governance is a major issue. The financial guarantees are what
they are working on carefully. It is clear they could do some public
financing that would provide the funding and not obligate the General Fund but
still put the name of the City out front. It is not much different from what
they are doing with the arena.
14
CITY OF ANAHEIN~ CALIFORNIA COUNCIL MINUTES OCTOBER L7~ L995
After additional questions by Council Members, Council Member Tait asked if
when the final analysis comes back it is not satisfactory to the Council, he
assumes the Council has the right to reject it at that time.
Ed Aghjayan. When a final selection is made, it will be brought to the
Council. When they go through the negotiation process, all of the deal points
will be brought to the Council for final approval. At this stage, it is not
so much that they need a specific action, but felt it was an important point
in time to further inform the Council and to get the Council's support for the
general direction staff is taking.
MOTION. Mayor Daly moved to approve the subject staff recommendation as
outlined in report dated October 17, 1995, Items (1) through (4). Council
Member Zemel seconded the motion. MOTION CARRIED.
D1.
134~ CONTINUED PUBLIC HEARING - GENERAL PLAN AMENDMENTNO. 338
AMENDMENT TO SYCAMORE CANYON SPECIFIC PLAN (SP88-1) AND NEGATIVE
DECLARATIONs
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
~oc~TIONs Development Area 5 within The Sycamore Canyon Specific
~lan ~SP88-1~. Property is approximately 4.2 acres located on the
northeast corner of Weir Canyon Road and Canyon Vista Drive.
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 Low 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 amend 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 Exhibit A 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 ie listed for tracking purposes, and is
not a part of today's public hearing.
Final Site Plan withdrawn.
Approved Negative Declaration.
pUBLIC NOTICE REOUIREMENTS MET BY=
Publication in Anaheim Bulletin - September 21, 1995.
Mailing to property owners within 300 feet - September 21, 1995.
Posting of property - September 22, 995.
PLANNING STAFF INPUTs
See staff report to the Planning Commission dated August 21, 1995.
15
CITY OF ~NAHEIM, C&LIFORNIA COUNCIL MINUTES OCTOBER 17, 1995
The Public hearing was continued from the meeting of October 3, 1995, to this
date at the request of the applicant.
Joel Fick, Planning Director summarized the proposal involving an amendment to
the City's General Plan and the Sycamore Canyon Specific Plan, SP88-1. He
also explained that the Fiscal Impact Report prepared for the project showed
no negative impact to the existing Community Facilities District.
Mayor Daly opened the Public Hearing and asked to hear first from the
applicant.
Horst Schor, 746 N. Lemon, Anaheim representing the owner. When the bank
acquired the property, they tried to find a co~nercial buyer for the parcel
but over a year's time were unable to do so for a number of reasons.
Subsequently, they decided to build residential units which was strongly
endorsed by Sycamore Canyon Homeowner's Association. It is a single-family
detached project of only 24 units which they felt was the most acceptable
project for the City, the neighborhood and, in light of the fact that they had
a quality builder, would be a real contribution to the community. The
community fully embraced the proposal and are in support of it. He is asking
the Council's favorable consideration of the project. Mr. Mickelson will give
more details and information relative to the proposed left-turn pocket.
Bob Mickelson, 121 W. Rose, Orange. As consultant to the developer since
July, he explained the evolution of the project since that time emphasizing
how pleased the neighborhood was with the project including the fact that they
are not taking any access off Canyon View Drive. Their work with City staff
and the association was very pleasant and positive. It is a good project for
the area, not only acceptable, but supported. The left-turn pocket is the
only disagreement and they feel strongly it is a vital part of the project
which they would like to have approved as part of the plan. They feel it is
an appropriate, safe and proper design and are requesting approval.
Mayor Daly. Mr. Mickelson mentioned that the Traffic Engineer who has
verified the safety of the proposed left-turn pocket is Weston Pringle and
Associates.
Mr. Mickelson confirmed that was correct. Two letters had been sent, one
which the Council has in their packet which was previously sent to the
Planning Commission. They were concerned about whether this was a safety
issue so in the last several days have been analyzing other places in the
County and cities to find similar situations. He fax'd a letter to the City's
Traffic Engineer today (see letter dated October 17, 1995) wherein Mr. Pringle
analyzed the facts and concluded after review with the County Traffic
Department, those particular left turns identified, some of which had both
left in and left out, some only left in, there is no himtory of accidents.
The conclusion was, "These conditions and history would support the left turn
in only design proposed for the subject project." He then submitted letter
dated October 17, 1995 from Weston Pringle and Associates. He clarified for
the Mayor that it would be a right hand, right out only gated entrance. The
proposal is to construct a left-turn pocket in the m~dian 700' to 800' away
from the intersection that would turn left into the project, but there would
be no left turn allowed out of the project.
Council Member Zemel. He asked if Mr. Mickelson was saying that the project
would not work at all without the left-turn pocket or the right in and right
out will do.
16
CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTES OCTOBER l?v 1995
Bob Mlckelson. From purely a traffic standpoint, it is possible to get in and
out of the project with right in/right out only. Since working on this
project back in July and August, times are changing and things are getting
tighter. The ability to have the left turn in for the sales of the project,
the on-going resales and the convenience of the neighbors combined translates
into the ability to get a loan to build it and makes it near the point where
they have to try as hard as possible to get it approved.
Mayor Daly asked to hear from anyone else who wished to speak either in favor
or in opposition. He reported that they have a letter on file from the
adjacent homeowner's association saying that the neighbors are in unanimous
support of the proposal for 24 single-family homes. No one else wished to
speak.
Mayor Daly asked to hear from staff relative to the traffic concerns.
John Lower, Traffic and Transportation Manager. The concern is with the
proposed left-turn access 700' south of the signalized intersection of Canyon
Vista Serrano and Weir Canyon Road. Those left turns would be across three
lanes of traffic going down hill at a grade similar to a location on Imperial
Highway in the vicinity of Avenida Bernardo North (Canyon High School) where
they will be shortly coming to the Council with a request to close the median
island because of liability considerations. He does not have a count of the
number of cars that turn left there each day, but there are more cars turning
left at that location into the school. In the subject case, there will be
approximately 14 vehicles turning left during the peak hour. At the same time
3,000 square feet of landscaping improvement will be lost in the scenic
corridor. The biggest concern is the liability associated with the left-turn
vehicles.
Additional questions were posed to Mr. Lower by Council Members relative to
other such non-signalized left turns on Weir Canyon wherein Mr. Lower stated
that in thinking of different locations, there is only one he knows of but
with a major difference, it involves an uphill grade rather than downhill as
in this case and, therefore, vehicles are not going to be going the faster
rate of speed. The issue is one of stopping site distance which is as good as
the driver's attention -- the driver coming downhill and the judgment of the
driver making the left turn and what is an adequate gap for a safe left-turn
to be made.
After further discussion, Mr. Lower reported that he had a chance to speak
with the County Traffic Engineer today who was quoted in the fax'd letter of
October 17, 1995 received today. Mr. Ochoa (County Traffic Engineer) was
shocked that his conversation would be used in this way. His full discussion
with Mr. Pringle is not contained in the letter. There was no research of the
number of accidents which occurred at the intersections outlined. One not
listed was mentioned to Mr. Pringle as being an accident concern -- the other
at Trabuco north of E1 Toro Road. This analysis does not include any traffic
accident history at the listed locations.
Mayor Daly. He asked what reaction there would be to a proposal requesting
that Mr. Pringle elaborate on his analysis and put that into the record. What
they are hearing from City staff is that the analysis regarding the safety of
the left-turn pocket is not complete.
Bob Mickelson. He apologized for not having Mr. Pringle present tonight but
he was unable to attend and he would have answers. He emphasized that they
are in agreement on everything else but this one point and there is a strong
17
CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES OCTOBER 17, 1995
difference of opinion. He then briefed the logic they feel is true in this
case.
Council Member Zemel. He asked if the Council could approve the project
tonight without the left-turn pocket and subsequently have that issue brought
back to the Council.
City Attorney White. The Council could approve all of the items tonight
reserving only the one issue of whether or not there would be the left-turn
cut and a pocket to a later date and then decide on that issue alone. It
would not impact any of the other action items before the Council tonight. In
talking to professional staff both in the Public Works and Planning
Departments, it is staff's collective opinion if the project is approved, but
later the median cut is denied, then the developer will have the decision
whether to proceed with the project as designed or redesign it and come back.
He confirmed it would only affect the Specific Plan and not the General Plan.
Bob Mickelson. As long as that can be accommodated with staff, it is
acceptable to them. If that issue can be continued, perhaps it can be
resolved in two to three weeks time.
City Attorney White. It could be back in two weeks since, although October 31
is a 5th Tuesday, a meeting is scheduled that date; Mayor Daly. That will be
discussed later, but for purposes of this item, he suggested that it be
agendized for November 7, 1995.
Mayor Daly closed the Public Hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION= On motion by Mayor Daly,
seconded by Council Member Zemel, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
Mayor Daly offered Resolution Nos. 95R-178 and 95R-179, both inclusive, for
adoption. Refer to Resolution Book.
RESOLUTION NO. 95R-178= A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 338 EXHIBIT A
RESOLUTION NO. 95R-179= A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AHAHEIM APPROVING AMENDMENT TO SYCAMORE CANYON SPECIFIC PLAN
(SP88-1).
Roll Call Vote on Resolution Nos. 95R-178 and 95R-179, both inclusive, for
adoptions
AYES~
NOES=
ABSENT=
MAYOR/COUNCIL MEMBERS=
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS=
Tait, Lopez, Zemgl, Feldhaus, Daly
None
None
The Mayor declared Resolution Nos. 95R-178 and 95R-179, both inclusive, duly
passed and adopted.
18
CITY OF ANAHEIM, C&LIFORNI& COUNCIL MINUTE8 OCTOBER 17, 1995
Mayor Daly offered Ordinance No. 5529 for first reading.
ORDINANCE NO. 5529: (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SYCAMORE CANYON SPECIFIC PLAN (SP88-1).
Mayor Daly. A decision on the left-turn pocket will be continued until the
next Council Meeting which is likely to be November 7, 1995. They will ask
the applicant's Traffic Engineer to be present and be prepared to document
some of the details regarding this request.
D2.
179: CONTINUED PUBLIC HEARING - WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PEP. MIT NO. 3787 AND NEGATIVE DECLARATION:
OWNER: DANTE AND EVELYN ENCARNACION, 1315 S. Anaheim Blvd., Anaheim,
CA 92805
LO~ATION~ 13~5 and 13.21 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, 1 absent).
Waiver of code requirement DENIED.
Approved Negative Declaration.
Informational item at the meeting of September 26, 1995, Item B3.
HEARING S~T ON: A letter of appeal of the Planning Commission's decision was
submitted by the Owner, Dante Encarnacion and Public hearing scheduled October
10, 1995.
After public input and extensive discussion, the Public Hearing was continued
one week to this date.
PUBLIC NOTICE REOUIREMENTS MET By:
Publication in Anaheim Bulletin - September 28, 1995.
Mailing to property owners within 300 feet - September 28, 1995.
Posting of property - September 29, 1995.
PLANNING STAFF INPUT~
See staff report to the Planning Commission dated September 6, 1995.
Mayor Daly. They have already heard from the applicant at the meeting of
October 10, 1995 (see minutes that date). Since the Public Hearing is still
open, he asked if there were any citizens who had not spoken who would like to
speak at this time. He also asked if it was necessary to hear from the
developer again.
City Attorney White. It is not necessary to hear from the developer. He
believes the hearing was continued to determine if there were additional
public speakers. They should be given the opportunity to speak and then the
developer given an opportunity to respond.
Public Discussion - In Opposition:
Pat Boydstun. She and her family are owners of a tri-plex at 138 W. Hill
Place and are opposed to the expansion of the subject facility. She asked
19
CTTY OF AN~LHE'rMv CALIFORNIA COUNCIL H'I'NUTES OCTOBER l?v 1995
those present in the chamber audience who were also present in opposition to
raise their hands (there were approximately six people who did so). She
pointed out they are residents as well as owners of property. Her mother
bought the tri-plex about 30 years ago and she and her mother lived in one of
the units. It was a quiet, 'sleepy" neighborhood. In the past six months,
the neighborhood has been upset and disturbed from the residents of both
Crystal Court and Anaheim Court facilities. By the City granting both of the
properties a Conditional Use Permit (CUP), they have established a psychiatric
ward on their block. There are about 75 beds total and the neighborhood
cannot handle it. She then referred to her two-page letter dated October 12,
1995 which outlined in detail the complaints, concerns and incidents leading
to their request to have the expansion denied. She also elaborated on
additional problems encountered. She reiterated that the neighborhood cannot
tolerate the upset and disturbances of Police calls. It is too much and it
needs to be stopped.
Mr. John Lenney, Winston Road, Anaheim. He spoke to the parking problems,
legal and illegal, that have occurred in the neighborhood stemming from the
subject facility.
Public Discussion - In Favor= None
The Mayor asked to hear from the applicant.
Mr. Dante Encarnacion. He addressed the parking issues which he feels have
been remedied. He emphasized that he is giving a 100% effort to make the
facility safe and can give no more. He believes in the quality of care for
his clients and not the quantity. They are all high-functioning clients who
are taking less medication and will soon be ready to leave the facility. He
suffered a great deal of hardship to improve the facility and bring it up to
code. He reiterated he was victimized by the real estate agent and the result
cost him a great deal. He refurbished the facility himself with an
independent handy man and that is how he survived. The reason why the
facility was allowed 36 beds before, the last owner let his employees live
there. In reality, it has the capability to house 46 people and that is why
he made the request. No employees live at the facility now. He is disturbed
by the concerns expressed by his neighbors. He may have made some mistakes,
but now he is trying his very best and he will work with them to make the
environment safe. There have been no complaints in the last month.
Mayor Daly. He pointed out to the residents who have had to come to a number
of meetings that the Planning Commission unanimously denied the CUP and the
owner paid a fee which allows for a hearing before the Council.
Council Member Tait. He asked that the Public Hearing be continued and in the
meantime went out to the site and walked around it with the Planning Director.
It seems to be well maintained and is an improvement and he commends the
applicant. However, the bottom line is that it is only a half-acre site which
already allows for 36 people and the request is to increase the density. It
will be too many people on a 'postage stamp" site and he is going to vote to
deny.
Council Member Zemel. He maintains the same position as last week. As just
stated by Council Member Tait, the size of the lot does not allow for a
greater number of people.
2O
CITY OF /~NAHEIM, CALIFORNIA COUNCIL MINUTES OCTOBER 17, 1995
ENVIRONMENTAL ~MPACT REPORT - NEGATIVE DECLARATION-DENIED= On motion by Mayor
Daly, seconded by Council Member Feldhaus, the City Council denied the
negative declaration upon finding that it has considered the negative
declaration together with any co~ents received during the public review
process, and further finding on the basis of the initial study and any
comments received that there is substantial evidence that the project will
have a significant effect on the environment. MOTION CARRIED.
Mayor Daly offered Resolution No. 95R-180 for adoption denying Conditional Use
Permit 3787 incorporating the findings as determined by the City Planning
Commission.
RESOLUTION NO. 95R-180: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3787.
Roll Call Vote on Resolution No. 95R-180 for adoption:
AYES=
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
Tait, Lopez, Zemel, Feldhaus, Daly
None
None
The Mayor declared Resolution No. 95R-180 duly passed and adopted.
D3.
pUBLIC HEARING - CREATION OF UNDERGROUND DISTRICT NOS. 18t 19t & 20:
To consider approval of the creation of Underground District No. 18
(Commercial Recreation Area Phase III), Underground District No. 19
(La Palma/Kraemer), and Underground District No. 20
(Lincoln/Brookhurst) in accordance with the requirements of Chapter
17.24 of Title 17 of the Anaheim Municipal Code relating to
Underground Utilities.
PUBLIC NOTICE REOUIREMENTS MET BY:
Publication in Anaheim Bulletin - October 5, 1995.
Mailing to property owners within 300 feet - October 5, 1995.
Posting of property - October 6, 1995.
STAFF INPUT:
See Staff Report dated October 17, 1995 from the Public Utilities General
Manager recommending approval of the creation of the three subject Underground
Districts.
Brian Brady, Assistant General Manager-Electric Services, Public Utilities
Department. He presented three slides each showing the three areas where
undergrounding will take place upon creation of Underground District 18, 19
and 20 which are a part of the Utilities Department Underground Conversion
Program 5-Year Plan approved by the Council on April 4, 1995. He then
reported for the Mayor that on District No. 18, construction will start the
first quarter of 1997 and be completed in June, 1998, No. 19 will be from July
1996 to October, 1997 and No. 20 will be from February, 1996 to October, 1997.
Mayor Daly opened the Public Hearing and asked to hear from anyone who wished
to speak.
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CITY OF ~N~HEIMv C~LIFORNIA COUNCIL MINUTES OCTOBER lT~ 1995
Jeff Kirsch, 2661 W. Palais, Anaheim. As in the past, he is speaking against
the creation of the Underground Districts. The results are purely cosmetic
and an inappropriate use of taxpayer's money.
There were no additional speakers.
Mayor Daly closed the Public Hearing.
Mayor Daly offered Resolution Nos. 95R-181 through 95R-183, both inclusive,
for adoption.
RESOLUTION NO. 95R-181: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM CREATING UNDERGROUND DISTRICT NO. 18 (COMMERCIAL
RECREATION AREA PHASE III).
RESOLUTION NO. 95R-182: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM CREATING UNDERGROUND DISTRICT NO. 19 (LA PALMA/KRAEMER).
RESOLUTION NO. 95R-183= A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM CREATING UNDERGROUND DISTRICT NO. 20 (LINCOLN/BROOKHURST).
Roll ~all Vote on Resolution Nos. 95R-181 through 95R-183, both inclusive, for
adoptions
AYES:
NOESs
ABSENT:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS=
MAYOR/COUNCIL MEMBERS:
Tait, Lopez, Zemel, Feldhaus, Daly
None
None
The Mayor declared Resolution Nos. 95R-181 through 95R-183, both inclusive,
duly passed and adopted.
C2. 114: COUNCIL COMMENTS:
There were no Council comments at this time.
C3. REPORT ON CLOSED SESSION ACTIONS:
City Attorney Jack White stated that there are no actions to report.
C=2~RIFICATION OF COUNCIL MEETING SCHEDULEs Mayor Dali. The scheduled Council
Meeting of Tuesday, October 31, 1995 is Halloween and was a questionable
Council Meeting date when the schedule was set.
After a brief discussion, there was general Council consensus that the Council
Meeting of Tuesday, October 31, 1995 be cancelled.
22
CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTE8 OCTOBER 17, 1995
Mayor Daly. If there is an issue which will require Council action during
that week, the Council can always hold a Special Meeting.
~JOURN~NT= The Council Meeting of October 17, 1995 was adjourned (8=00
P.M.)
No Council Meeting ie scheduled for Tuesday, October 24, 1995 due to the
Annual California League of Cities Meeting in San Francisco.
The Council Meeting of Tuesday, October 31, 1995 was cancelled.
scheduled Council Meeting is Tuesday, November 7, 1995.
LEONORA N. SOHL
CITY CLERK
The next
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