1995/11/07CITY OF ~AHE?M, CAL'rFORNT~ COUNCIL M~'NUTES
NOVEMBER ? ~ 1.995
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
ZONING DIVISION MANAGER: Greg Hastings
TRAFFIC AND TRANSPORTATION MANAGER= John Lower
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson
CODE ENFORCEMENT MANAGER= John Poole
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
DIRECTOR OF PARKS, RECREATION & COMMUNITY SRVCS/GOLF= Chris Jarvi
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 12~10 p.m. on November 3, 1995 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Daly called the meeting to order at 3=20 p.m.
REQUEST FOR CLOSED SESSION=
City Attorney Jack White requested a Closed Session noting first that
there are no additions to Closed Session items.
PUBLIC COMMENTS - CLOSED SESSION ITEMS=
There were no public comments relative to Closed Session items.
The following items are to be considered at the Closed Session:
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION=
Name of case: In re: County of Orange, Debtor, U.S. Bankruptcy Court,
Central District Case No. SA 94-22272~ and In re= Orange County
Investment Pools, U.S. Bankruptcy Court, Central District No. SA 94-
22273.
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~ Anaheim Stadium Associates v.
City of Anaheim, Orange County Superior Court Case No. 73-26-65~ Anaheim
CITY OF ANAHEIMt CALIFORNIA COUNCIL MINUTES NOVEMBER 7, 1995
Stadium Associates v. Anaheim Redevelopment Agency, Orange County
Superior Court Case No. 73-70-20.
3e
PUBLIC EMPLOYEE PERFORMANCE EVALUATION (ANNUAL REVIEW)
TITLE: City Clerk
4e
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) EXISTING LITIGATION:
Name of case; Zenos v. City of Anaheim, Orange County Superior Court
Case No. 73-32-65.
5e
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Section 54956.9:
2 potential cases.
LIABILITY CLAIMS
Claimant; Lindsay Miller
Agency claimed against; City of Anaheim
RECESS~
Mayor Daly moved to recess into Closed Session. Council Member
Zemel seconded the motion. MOTION CARRIED. (3:21 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.).
(5:25
INVOCATION=
Moment of Silence
FLAG SALUTE:
Council Member Mayor Pro Tem Frank Feldhaus led the assembly in the
Pledge of Allegiance to the Flag.
119~ PRESENTATION - OUTSTANDING ACHIEVEMENT FOR PEDESTRIAN SAFETY~
Presentation of Outstanding Achievement for Pedestrian Safety awarded by the
Automobile Club of Southern California.
Cinda Raymond, Manager of the Automobile Club District Office first explained
hOW the Pedestrian Safety Program got started 56 years ago in 1939. Today, it
is a great pleasure to present this award once again to the City of Anaheim
and its representatives, John Lower, Traffic and Transportation Manager/Public
Worko and John Haradon of the Police Department who have been very
instrumental in carrying out the program.
Mayor Daly thanked Ms. Raymond and the Automobile Club on behalf of the City.
As a tourism center, safety and cooperation among City Departments in advising
and protecting visitors is a very important issue. He also commended John
Lower and John Haradon.
CITY OF ANAHEIM, CALIFORNI~ COUNCIL MINUTES NOVEMBER 7, 1995
119~ DE_~.~KATIONS OF RECOGNITION AND COMMENDATION: Declarations of
Recognition and Commendation were unanimously adopted by the City Council to
be presented to Scott Wesley Belt and Denny Tucker (an Anaheim Code
Enforcement Officer) for assisting the Fire Department in a special way.
Battalion Chief, Roger Smith introduced both Scott and Denny and briefed their
heroic acts which occurred on September 21, 1995 relating to an apartment
building fire. Mr. Belt helped.break the fall of a woman jumping from a
second story window thus minimizing her injuries and, Mr. Tucker assisted in
the rescue of several individuals trapped in the fire.
Mayor Daly and Council Members personally coeunended the men for providing
invaluable and courageous assistance to the Fire Department at the risk of
their own safety.
119~ RECOGNITIONS AI~EHORIZED BY ~OUNCIL THIS DATE TO BE MAILED OR PRESENTED
AT~OTHERTX~E~
PROCLAMATION recognizing November 6 - 17, 1995, as Anaheim
Employees Charities Weeks.
DECLARATION honoring Philip Moddel for his contribution to the
Temple Beth Emet.
DECLARATION recognizing Anaheim Memorial Hospital for implementing
revolutionary waste management products.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,252,920.96 for
the period ending October 23, 1995, $2,703,035.80 for the period ending
October 30, 1995 and $2,977,679.62 for the period ending November 6, 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. (5:36 p.m.)
Mayor Daly reconvened the City Council meeting. (6~15 p.m.)
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTERESTI Mr. Harry Wadsworth, Miracle Terrace Adult
Apartment Community, 225 S. Western Avenue, Anaheim. The traffic people have
narrowed Western Avenue to two lanes north and south. Where the tenants exit
out of their units just north o~ Western High School, there have been several
bad accidents. These are 80 and 90-year old people. A left turn was
installed which they appreciate. From Lincoln to the school or to Orange, it
is posted 25 MPH or 35 if there are no students. He then relayed some traffic
incidents that had occurred and subsequently made some suggestions as to how
he feels the problem could be resolved.
Mayor Daly. He noted that the City Traffic Engineer was present and suggested
that Mr. Wadsworth speak to him and explain the problem and some of the
possible solutions.
CITY OF ANAHEIM, CALIFORNI& COUNCIL MINUTES NOVEMBER ?, 1995
Michael Elanco, 424 N. Philadelphia, Anaheim. He is the new Chairman of the
Central City Block Grant Committee. He then relayed a number of problems that
he stated occurred at the election held 10/28/95 specifically relative to
having proper identification in order to be able to vote and other
irregularities whichhe feels have to stop.
Council Member Zemel. He believes the whole process is being reviewed which
has been brought to Mr. Elanco's attention and this is the first year there
was a problem.
Mr. Blanco stated he.understands, but the reason he is before the Council is
to bring the situation out in a public forum.
Mayor Daly. They will be asking staff to monitor the procedures in the
future. Everything that happens as far as the process must be part of the
Federal HUD guidelines.
Before concluding, Mr. Blanco stated that one of the items on their "wish
list" is to have an INS offer working out of the City's jail as has been
proposed.
George MacLaren, Secretary, Citron Neighborhood Council. Steve Swaim,
Neighborhood Services, was present on their election night as were'several
other City staff members. People started lining up at 6530 for the 7=00 P.M.
meeting. The meeting started at 7:15 and there were 139 in attendance.
Everybody showed their identification and it worked flawlessly thanks to City
staff.
Jeff Kirsch, 2661 W. Palais, Anaheim. He referred to several recent newspaper
articles having to do with infrastructure problems in Santa Ana and Chicago.
He also referred to a recent article on the 10 best cities in the United
States owing to long-term investments and strategies. He questioned if
Anaheim was also doing likewise'or what can be done in the future that is not
being done today.
PUBLIC COMMENTS - AGENDA ITEMS:
Public input was received on Agenda Item A7.
Item.
See discussion under that
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and
resolutions to be acted upon for the Council meeting of November
7, 1995. Council Member Lopez seconded the motion. MOTION
CARRIED.
CITY MANAGER/DEPaRTMENTAL CONSENT CALENDARs
On motion by Mayor Daly, seconded by Council Member Lopez, the following items
were approved in accordance with'the reports, certifications and
recommendations furnished each Council Member and as listed on the Consent
Calendar; Mayor Daly offered Resolution Nos. 95R-184 through 95R-186, both
inclusive, for adoption and offered Ordinance No. 5530 and 5531 for first
reading. Refer to Resolution/Ordinance Book.
CITY OF ~waW~IM, CALIFORNIA COUNCIL MINUTES NOVEMBER 7, 1995
Al.
118: Rejecting and/or denying certain claims filed against the City.
The following claims were filed against the City and action taken as
recommended:
Claims rejected and referred to Risk Management:
a. claim submitted by Robert B. Leholm c/o Joan C. Handzel, Esq. for
indemnity sustained purportedly arising out of actions of the City on
or about December 27, 1994. (Main action: Wright vs. Leholm et al.
OCSC No. 76 52 76)
b. Claim submitted by Kim Dixon for property damage sustained
purportedly due to actions of the City on or about April 28, 1995.
c. Claim submitted by Richard L. Capozzi for bodily injury and property
damage sustained purportedly due to actions of the City on or about
April 17, 1995.
d. Claim submitted by Linda A. Perez for property damage sustained
purportedly due to actions of the City on or about September 13, 1995.
e. Claim submitted by Ion Rosca for property damage sustained
purportedly due to actions of the City on or about July 20, 1995.
f. Claim submitted by Lindsay E. Miller c/o William M. Vlosky, Esq. for
bodily injury sustained purportedly due to actions of the City on or
about March 31, 1995.
g. Claim submitted by Pearl C. Hill for property damage sustained
purportedly due to actions of the City on or about June 28, 1995.
h. Claim submitted by Leo Linn for bodily injury sustained purportedly
due to actions of the City on or about August 18, 1995.
i. Claim submitted by'William G. Whitworth for property damage
sustained purportedly due to actions of the City on or about May 29,
1995.
J. Claim submitted by Prudential Insurance (Janet Stephens, Insured)
for property damage sustained purportedly due to actions of the City on
or about January 30, 1995.
k. Claim submitted by Troy E. Lyman for prQperty damage sustained
purportedly due to actions of the City on or about September 22, 1995.
1. Claim submitted by Isabel Talamantez Ahumada c/o Isaac Nalive, Esq.
for Property damage and bodily injury sustained purportedly due to
actions of the City on or about August 11, 1995.
m. Claim submitted by Noemi Armenita Saucedo for property damage and
bodily injury sustained purportedly due.to actions of the City on or
about August 11, 1995.
n. Claim submitted by Rosario Saucedo for property damage and bodily
injury sustained purportedly due to actions of the City on or about
August 11~ 1995.
C~TY OF 21LN~%HE~, C~LIFORN~ COUNC2L ~NUTES NOVENBER?, 199S
o. Claim submitted by Christopher G. Rioux for property damage
sustained purportedly due to actions of the City on or about September
14, 1995.
p. Claim submitted by Richard and Amy Sanchez for property damage
sustained purportedly due to actions of the City on or about July 20,
1995.
q. Claim submitted by Keith Bambrick for property damage sustained
purportedly due to actions of the City on or about August 21, 1995.
A2.
105: Receiving and filing minutes of the Public Utilities Board meeting
held September 7, 1995.
105: Receiving and filing minutes of the Telecommunications Policy
Advisory Co=~ittee meeting held August 17, 1995.
105~ Receiving and filing minutes of the Budget Advisory Commission
meetings held August 16, 1995 and September 20, 1995.
105: Re=siring and filing minutes of the Community Redevelopment
Commission meeting held August 16, 1995.
105: Receiving and filing minutes of the Senior Citizens Commission
meeting held September 14, 1995.
105: Receiving and filing minutes of the Community Services Board
meeting held September 14, 1995.
105: Receiving and filing minutes of the Anaheim Park and Recreation
Commission meeting held September 27, 1995.
105: Receiving and filing minutes of the Anaheim Public Library Board
meeting held September 27, 1995.
105: Receiving and filing minutes of the Anaheim Private Industry
Council meeting held September 28, 1995.
173~ Receiving and filing an Application filed before the Public
Utilities Con~mission of the State of California in the matter of
application of Kaveh Kam. yab dba POTKIN TRANSPORTATION SERVICE for the
authority to operate as a Passenger Stage between certain portions of
Los Angeles, Orange Counties on one hand, and Los Angeles International
Airport, Burbank Airport Long Beach Airport, John Wayne Airport, Amtrak
Station and Los Angeles and Long Beach Harbors on the other hand.
128: Receiving and filing the Monthly Financial Analysis presented by
the Director of Finance for two months ended August 31, 1995.
A3.
123: Approving an Amendment to Agreement dated November 17, 1992, with
Holmes & Narver to provide additional fees for architectural and
engineering services in the amount of $37,803 required for development
of the Anaheim Hills Police Substation.
Council Member Tait abstained on this Item.
6
CITY OF ANAHEIMv CALIFORNIa% COUNCIL MINUTE8 NOVEMBER 7, 1995
A4.
169: Approving and supporting the submittal of the. Caltran's
Transportation Enhancement Aesthetic (TEA) application for the I-5 North
Aesthetic Enhancement project.
AS.
169~ Approving and supporting the submittal of the Caltran's
Transportation Enhancement Aesthetic (TEA) application for the Median
Landscaping Improvements along Beach Boulevard (SR-39).
A6.
A7.
151: Approving an Encroachment License for two private storm drains
located within the right-of-way of Lincoln Avenue and Clementine Street
as requested by Disney Goals,-in conjunction with the construction of
the onsite drainage facilities of the Disney Ice Rink.
123: Approving an Agreement with Hellmuth, Obata and Kassabaum, Inc.,
in the amount of $1,324,743 to provide Master Planning and Conceptual
Design Services for the Anaheim ConventioD Center Enhancement Project,
and amend the Public Works FY 1995-96 Capital Improvement Budget to
incorporate funds totalling $1,500,000 for expenditures associated with
the Anaheim Convention Center Enhancement Project.
Jeff Kirsch, 2661 W. Palais, Anaheim. He posed questions relative to this
item, i.e., can the expenditures be phased, can parts of the program'be
structured to identify the available money first, what is the cost of the
project going to be, etc.; Council Member Zemel suggested that, if possible,
Mr. Kirsch contact staff beforehand who would be happy to discuss with and
answer any questions he may have on items recommended for Council approval.
Council Member Tait also posed questions relative to the selection process and
the experience of the principals involved which were answered by City Manager
Ruth and the General Manager of the Stadium and Convention Center, Greg
Smith.
Mayor Daly. A very competitive process took place resulting in the staff
recommendation for the City to hire HOK. There is no question they need the
best possible Master Plan at the earliest juncture in order to proceed
relative to the future of t~e Convention Center. Speaking as an individual,
he wants to completely understand all the details of the Master Plan
recommendation before proceeding to the next important step based on the cost-
benefit analysis already received from Coopers and Lybrand.
A8.
158= RESOLUTION NO. 95R-184: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING THOSE CERTAIN IRREVOCABLE OFFERS OF DEDICATION
FROM TRACT MAP NO. 10407 (LOCATED NORTH AHD WEST OF IMPERIAL HIGHWAY
ALONG BIG SKY LANE.)
Ag.
176: RESOLUTION NO. 95R-185: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AHAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC
STREETS, HIGHWAYS AND SERVICE EASEMENTS (95-9A), AHD SETTING A PUBLIC
HEARING TO CONSIDER THE ABANDONMENT OF THOSE CERTAIN EASEMENTS FOR
WATER, ELECTRICAL AND IRRIGATION PURPOSES RUNNING OVER AND ACROSS THAT
CERTAIN PROPERTY LOCATED ON THE SOUTH SIDE OF ORANGETHORPE AVENUE
BOUNDED ON THE .EAST BY THE UNION PACIFIC RAILROAD RIGHT-OF-WAY (COMMONLY
KNOWN AS 400/500 EAST ORANGETHORPE AVENUE (ABAHDONMENT NO. 95-9A).
(Suggested public hearing date: December 5, 1995 at 6:00 p.m.)
Al0.
160: Accepting the low bid of Elevator Specialty Corporation, in.an
amount not to exceed $31,862.25 for elevator/dumbwaiter modernization,
in accordance with Bid $5443.
CITY OF ~--NAHEIM, CALIFORNIA COUNCIL MINUTES NOVEMBER 7, 1995
All ·
160: Accepting the bid of Kuhlman Corp, in the amount of $47,375 for 25
single-phase subsurface transformers, switched, in accordance with Bid
$5434.
A12 ·
160~ Accepting the bid of San Dieguito Printers, in an amount not to
exceed $64,184.40 for printing of the Anaheim Magazine as required for
the period of November 1, 1995 through October 31, 1996.
A13.
160= Accepting the bid of Wesco, in the amount of $69,147 for nine
three-phase padmount transformers, in accordance with Bid $5436.
160~ Accepting the bid of Pauwels Transformers, in the amount of
$144,345 for 11 three-phase padmount transformers, in accordance with
Bid $5436.
Al4.
A15.
169: Accepting the low bid of Damon Construction Company, in an amount
not to'exceed $100,000 for the removal and replacement of residential
sidewalks and street light foundations for a period of one year
beginning November 1995, in accordance with Bid $5441..
160~ Accepting the low bid of WeStern Paving Contractors, in an amount
not to exceed $111,118.75 for reconstruction of the asphalt parking lots
at the Utilities Service Center, in accordance with Bid $5438.
A16.
160~ Waiving Council Policy 306, and authorizing the Purchasing Agent
to issue a Purchase Order to Hardin Oldsmobile, in the amount of $34,000
for one GMC Suburban wagon for the Police Department SWAT Team.
Al7.
123~ Approving the terms and conditions of the Agreement with Tejas
Investments, Inc., for cost-sharing of traffic control during Arena
events; and
approving the Certificate of Cancellation of the Williamson Act
Agricultural Preserve Agreement between the City and Herbert Douglass,
et al.
A18.
184~ Ratifying the Eighth Proclamation of the Existence of a Local
Emergency issued by the Director of Emergehcy Services on October 31,
1995, concerning the Santiago Landslide and Pegasus Landslide in the
City of Anaheim, and (ii) taking no action to terminate the local
emergency at this time.
A19.
123: Approving a contract for golf professional services at both City
golf courses with Robert Johns, PGA, for a term February 1, 1996 to June
30, 2001.
Mayor Daly. Relative to the cost-benefit of the change, a dollar figure of
approximately $150,000 was mentioned. He asked if that was realistic.
City Manager Ruth. He answered, yes and stated he feels that is a real
number. He also confirmed for th~ Mayor that it would not limit the City's
management ability to contract for services in the future..
Council Member Zemel. He asked if this was an opportunity to earmark the
Anaheim Hills Golf portion towards the proposed Anaheim Hills CommunitY
Center, recalling discussions earlier in the year relative to the possibility
that cost savings realized in the courses be dedicated to that center.
CITY OF AN~tHEIMv CALIFOR~.IA COUNCIL MINUTES NOVEMBER ?v 1995
City Manager Ruth. It is a p~licy decision for the Council to make~ Council
Member Zemel. He feels this is an opportunity to have funds dedicated to
making the community center a reality and would like to offer that as a part
of this action.
Mayor Daly asked to hear from the City Manager relative to what the customary
budget practice is in terms of allocating funds for capital projects.
City Manager Ruth. He would recommend, once the revenue is generated, to
bring that back as a budget issue for Council policy consideration and if the
Council decides to earmark the funding, they could then do so. The revenues
are a projection at this point. He reiterated, his recommendation would be to
take the matter up at budget time.and staff can give a progress report at that
time.
Council Member Zemel agreed that it could be considered at that time.
A20. 123~ Approving a Cooperative. Agreement between th~ City of Anaheim and
the California Department of Education, in the amount of $109,896 for
the period of July 1, 1995 through June 30, 1996. (Job Training
Program.)
A21. 137= RESOLUTION NO. 95R-186= A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ~/~AHEIM APPROVING THE SALE BY THE REDEVELOPMEN~ AGENCY OF ITS
ANAHEIM REDEVELOPMENT PROJECT ALPHA. 1995 TAXABLE TAX ALLOCATION BONDS
(HOUSING). (SOUTH ROMNETA REVITALIZATION PROJECT.)
107~ ORDINANCE NO. 5530 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM WHICH WILL REPEAL EXISTING CHAPTER 16.08 AND ADD NEW CHAPTER
16.08 TO TITLE 16 OF THE ANAHEIM MUNICIPAL CODE, ADOPTING THE UNIFORM
FIRE CODE, 1994 EDITION, WITH CERTAIN AMENDMENTS THERETO.
107~ Setting the Public Hearing on the adoption of the Uniform Fire
Code, 1994 Edition, with amendments, for November 28, 1995.
107= Setting the Public Hearing on revision of fees for service
rendered by the Fire Prevention Division of the Fire Department for
November 28, 1995.
A23.
107= ORDINANCE NO. 5531 (INTRODUCTION) AH ORDINANCE. OF THE CITY OF
ANAHEIM REPEALING CERTAIN CHAPTERS OF TITLE 15 AND ADDING NEW CHAPTERS
TO TITLE 15 OF THE ANAHEIM MUNICIPAL CODE ADOPTING THE BUILDING,
ABATEMENT OF DANGEROUS BUILDING, ELECTRICAL, HOUSING, MECHANICAL,
PLUMBING, SOLAR ENERGY, AND SWIMMING POOL, SPA, AND HOT TUB CODES~
AMENDING PROVISIONS OF CHAPTER 6.56 OF TITLE 6 OF THE ANAHEIM MUNICIPAL
CODE PERTAINING TO POOLS AND PONDS, AND AMENDING PROVISIONS OF 17.04 AND
17.28 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO GRADING
AND FLOOD ~AZARD REDUCTION.
A24.
107= Setting a public hearing on. the above-referenced ordinance~ and a
Schedule of Fees relating thereto, to be held November 28, 1995 in the
Anaheim City Council Chambers.
123= Approving an Agreement with Southern Pacific Transportation
Company (Southern Pacific), permitting the City Of Anaheim to construct,
maintain and operate power and telecommunication facilities for a one-
time fee of $460 and an annual rental fee of $115 and authorize the
9
CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTES NOVEMBER 7v 1995
A25.
A26.
A27.
A28.
A29 ·
Public Utilities General Manager to execute the Agreement and related
documents on behalf of the City.
123: Approving License Agreements (OC-09, 10, 43, 44, 45, 46) with
Orange County Transportation Authority (OCTA) permitting the City of
Anaheim to construct, maintain and operate overhead fiber optic digital
telecommunication lines; and authorizing the Public Utilities General
Manager to execute the License Agreements and related documents on
behalf of'.Anaheim; and
123: Ratifying the City Manager's execution of the Right of Entry
granted by OCTA to Anaheim.
175: Approving the City Facility Water Conservation Retrofit Project
that provides ultra-low-flush toilets and low-flush urinals to five City
facilities; and
123: Ap~roying a Le%ter Agreement No. 617 between the Metropolitan
Water District of Southern California (MWD) and the City of Anaheim that
provides 90 percent funding for the City Facility Project; and
authorizing the Public Utilities General Manager to execute the
Agreement.and'related documents onbehalf of the City.
123: Ratifying a Sublease Agreement for office space rental at Anaheim
Stadium between the City of Anaheim and Orange county Arena Football,
LLC, which was approved by the Stadium/Convention Center General
Manager; and authorizing the Stadium/Convention Center General Manager
to renew the Agreement for additional 12-month periods upon the same
terms and conditions.
156~ Accepting a Grant Award in the amount of $5,000 from the U.S.
Department of Justice, Office of Community Oriented Policing Services,
for reimbursement of allowable training costs for one qualified Police
Officer currently involved in the "COPS AHEAD" Grant Program; and
authorizing the Chief of Police to execute and submit all documents
relating thereto.
114: Approving minutes of the Anaheim City Council meetings held
October 3, 1995, October 10, 1995, and October 17, 1995.
Roll Call Vote on Resolution Nos. 95R-184 through 95R-186, both inclusive, for
adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCiL MM.ERS:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
Tait, Lopez, Zemel, Feldhaus, Daly
None
None
The Mayor declared Resolution Nos. 95R~184 through 95R-186, both inclusive,
duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED. .Council Memeber Tait abstained on
Item A3.
10
CITY OF ~-N~HEIM, CALIFORNIA COUNCIL MINUTES NOVEMBER 7, 1995
D1. ~79= PUBLIC ~.~RING - WAIVER OF CODE REOUIREMENT
CONDITION_aL USE PERMIT NO. 3780 AND NEOATIVE DECLARATION=
OWNER= QUAKER CITY BANK, 7021 Green Leaf Avenue, Whittier, CA 90602
AGENT= BYUNG S. HA, 184 Duranzo Aisle, Irvine, CA 92714
LOCATION= 2341 West Lincoln Avenue. Property is approximately 0.57
acre located on the north side of Lincoln Avenue and approximately 160
feet east of the centerline of Belinda Circle.
To permit a church in an existing 3-story, approximately 13,450 square
foot, office building with waiver of required landscaped setbacks for
institutional uses adjacent to residential zones, required trees
adjacent to a street frontage, required parking lot landscaping, and
minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION=
CUP NO. 3780 GRANTED with changes to conditions (PC95-108) (6 yes votes,
i absent).
Approved waiver of code requirement.
Approved Negative Declaration.
HEARING SET ON= A letter of appeal of the Planning Commission's decision was
submitted by Jim Travis Tice, Catanzarite & Co., Inc. and Public Hearing
scheduled this date.
PUBLIC NOTICE HEOUIREMENTS MET BY=
Publication in Anaheim Bulletin - October 25, 1995
Mailing to property owners within 300 feet - October 26, 1995.
Posting of property - October 27, 1995.
STAFF INPUT=
See staff report to the Planning Commission dated September 6, 1995
City Clerk Sohl announced that she received letter dated November 7, 1995
earlier today from Mr. Kenneth Catanzarite, Catanzarite Law Corporation,
withdrawing the appeal of the subject item.
City Attorney White. Even thoughthe appeal has been withdrawn, the Council
is still required to hold a hearing but it will be an expedited process unless
there is other opposition to the project. He suggested that the Council open
the hearing and ask if there is opposition. If not, the records of the
Planning Commission hearing where this item was approved as well as the
minutes of the Planning Commission meeting summarizing the evidence can be
incorporated into the record and Council can act on the matter to avoid a
lengthy process that may not have any opposition.
Mayor Daly opened the Public Hearing and asked to hear from anyone in
opposition; no one spoke in opposition.
City Attorney White. The applicant has a right to make a statement but at
this time there appears to be no opposition so it is not necessary that a
presentation be made.
Mr. Kevin K. Haah, Sidley & Austin, Attorneys for Holy Grace Korean Church.
Although he is ready to proceed With the merits of the project, in the
interest of saving time, he will forego doing so unless the Council wishes him
to proceed.
11
CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES NOVEMBER ?, 1995
City Attorney White. It is not necessary, that the Council receive additional
evidence. The evidence presented that supported the permit can be
incorporated and is hereby incorporated unless there is opposition by the
Council.
MOTION. Council Member Zemel moved to incorporate the proceedings and
evidence presented at the Planning Commission hearing as part of the record of
this Public Hearing. Council Member Tait seconded the motion. MOTION
CARRIED.
The Public Hearing was closed..
ENViRONMeNTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Zemel, seconded by Council Member Daly, 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.
Council Member Zemel offered Resolution 95R-187 for adoption.
RESOLUTION NO. 95R-187= A RESOLUTION OF TH~ CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3780.
P. ol~ Ca~l Vote on Resolution No. 95R-187 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-187 duly passed and adopted.
D2.
179= PUBLIC HEARING - CONDITIONAL USE 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).
~o 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.
HEARING SET ON: A letter of appeal of the Planning Commission's decision was
submitted by Farano & Kieviet on behalf of the Owner, Mohammad Jobar and
Public Hearing scheduled this date.
12
C~TY OF i~AHE~M~ CALIFORNIA COUNCIL M~'NUTES NOVEMBER
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - October 26, 1995
Mailing to property owners within 300 feet - October 25, 1995.
Posting of property - October 27, 1995.
STAFF INPUT=
See staff report to the Planning Commission dated September 18, 1995
City Attorney White. Because the City has received a rather voluminous amount
of material that he personally did not receive until 2~00 p.m. today, he would
like to recommend that the Counci~ open the hearing but subsequently continue
it for one week to allow staff the opportunity to go through the material and
formulate necessary responses as part of the hearing process. He feels it
would be unfair to have either the Council or the staff, as well as being
unfair to the applicant, if there was not sufficient opportunity to adequately
digest the material submitted. He would like the matter continued for one
week.
MOTION. Council Member Zemel moved to continue the Public Hearing for one
week
Before further action, City Attorney White suggested that first the Public
Hearing be opened. He assumes that Mr. Farano, the Attorney for the
applicant, is present and if he wants to make a comment about the
recommendation for continuance, that he be given the opportunity to do so.
Mayor Daly. He opened the Public Hearing but noted that staff is recommending
a one-week continuance. He invited anyone who wished to speak to do so at
this time.
Jeff Farano, Attorney, Farano &.Kieviet, 2100 S. State College Boulevard,
Anaheim, representing the Applica~[. He first noted that the material
presented is not as voluminous as it looks. -He then explained why he was
unable to submit it in a timely fashion. He understands that the City
Attorney has not had an opportunity to review the material and he has no
opposition to continuing the hearing for one we~k. He does not believe there
is any opposition present tonight. He would rather have the whole issue
considered at once rather than receiving input tonight and then again next
week. He agrees with the continuance unless there are other people in the
audience who would oppose a continuance.
Mayor Daly asked if there were any other persons who wished to speak this
evening~ there was no response.
Mayor Daly seconded the motion of continuance. MOTION CARRIED.
D3.
~79: pUBLIC NEARING - WAIVER OF coDE REOUZREMENT
~NDITZONAL USE PERMIT NO. 3?89 AND NEGATIVE DECLARATION:
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 ~f Coronado Street and abutting
the east side on the 57 Freeway and having a frontage of approximately
13
C~TY OF AN~E~H~ CALiFORNiA COUNCIL ~NUTES NOVEMBER ?~ ~995
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 monopoly tower and accessory equipment
room with waiver of minimum structural setback abutting a freeway right-
of-way.
ACTION TAKEN BY THE PLANNING COMMISSION~
CUP NO. 3789 GRANTED (PC95-116) (6 yes votes, i absent).
Approved waiver of code requirement.
Approved Negative Declaration.'
HEARING SET ON= A letter of appeal of the Planning Comm-ission's decision was
submitted by Richard B. Winn, Taormina Industries and Public Hearing scheduled
this date.
PUBLIC NOTICE REOUIREMENTS MET BY=
Publication in Anaheim Bulletin - October 26, 1995
Mailing to property owners within 300 feet - October 25, 1995.
Posting of property - October 27, 1995.
STAFF INPUT~
See staff report to the Planning Commission dated September 18, 1995
Greg Hastings, Zoning Division Manager. He summarized the subject request and
noted that the Planning Commission determined that the monopole toWer was
appropriate for this remnant parcel.
Mayor Daly opened the Public Hearing and asked first to hear from the
applicant.
Eric Meurs representing AirTouch Cellular. The site is a good one being in an
industrial zone. They tried hard to make it fit into the scheme of the
Council's direction in the past. Mr. Winn, representing Taormina Industries,
has appealed o~ several issues, one being the site has a potential to
interfere with the company's future growth prospects for the area and also
with their existing two-way radio system. He met with Mr. Winn, discussed the
issues in detail, and believes they have come to an understanding and can
address the issues to his satisfaction. Currently, Mr. Winn does not own the
property, but his client has future intentions of obtaining the parcel and
other surrounding parcels. They discussed if he did become the owner, AirTouch
would work with him to alleviate any concerns. The site is a prefabricated
equipment building that is set on a foundation and is easily removed if
necessary as well as the pole. If found to interfere with his potential uses,
they could work with him to do that as well. It is an unmanned facility
requiring very limited access. They feel it is a very necessary use for the
area because cellular usage in the area is quite high and the quality of
coverage is poor.
Relative to interference with two-way radios, they are on the 800 MHZ band as
well as Taormina Industries. The FCC mandates as part of their license, that
they are not to interfere with existing uses and, if so, they are to correct
the problems. If unable to do so, they would have to shut down. He feels
they have adequately addressed the concerns. They have almost 500 sites
within their system in the Los Angeles area and those concerns have not been
raised.
14
C~TY OF ANAHE~H~ CALiFORNiA COUNCIL H~NUTES NOVEMBER 7~ L995
Richard Winn, 1131 No. Blue Gum, ~naheim, representing Taormina Industries.
He is not so sure they are against this item. Due to a noticing problem they
were unable to attend the Planning Commission meeting to express their
concerns. Their two-way radio communications company has expressed that they
have experienced problems with systems in close proximity.to the monopole. If
that can be worked out to their satisfaction, it is not a problem. They hoped
in the staff report to the Plannin~ Commission there would have been a comment
regarding the issue possibly stipulating that any necessary repairs would be
the responsibility of AirTouch.
Mayor Daly. He asked if Mr. Winn's request was that the application be denied
or was he suggesting that more time be allocated to try to resolve the
difference of opinion.
Mr. Winn. They are hopeful there could be an amendment to the approval
perhaps in the form of a resolution that would address the issues
satisfactorily and let the development proceed. He clarified that he had not
submitted any language to that effect~ City Attorney White clarified for
Council Member Tait that the Council could add a condition but with the caveat
that, as the applicant indicated, these matters are governed by FCC
regulations and they are going to have to comply. Otherwise, he does not see
a problem adding a condition that would provide that the transmission would
not interfere with other two-way radio installations.
Richard Wlnn. Answering the Mayor, he stated they would like to recommend
that the resolution be amended to r~quire any.disfunctional aspects that would
affect their transmission be corrected by AirTouch in a timely manner and that
they would provide appropriate easements for AirTouch to access the site if
the property is acquired. Currently, there is an abandonment in process at
the end of the street. They would be more than willing to provide easements
for the uses or relocate it if necessary.
Manuel Ontiveras, Chairman, Parks and Recreation Commission. AirTouch has
come before the Council twice for towers at Lincoln Park and Riverdale Park
which were approved by a majority of the Council. This is the third tower
proposed, but in an industrial area which is no problem. A fourth tower will
be coming before the Council in a couple of weeks at western High School. The
problem he sees is that there are four companies in the telecommunications
industry and if the Council is going to start allowing these poles'which he
feels are an eyesore, that a Master Plan needs to be developed. He has a
problem putting a tower in a park. The Council should inquire how many towers
AirTouch wants to put in the City. At this time, he would like the Council to
deny the permit and/or work with.AirTouch to develop a plan.
Eric Meurs. He is not opposed to the language proposed but he does not know
how they can draft language if they acquire the property in the future.
However, he feels they can work with Mr. Winn or a future buyer. Relative to
Master Planning, the other request that may come before the Council on the
site at Western High School is an existing site and the pole is a replacement
pole. They are also changing their technology which will alleviate the need
for additional towers in Anaheim. He cannot say they will not require another
tower,'but it will help curb that need.
Mayor Daly. He suggests the representative from AirTouch and the appellant be
given a couple of weeks to work out appropriate language since there seems to
be a desire to do so. He would feel more comfortable knowing exactly what
they are voting on and the i~plications.
15
CITY OF ANAHEIM; CALIFORNIA COUNCIL'MINUTES NOVEMBER 7, 1995
MOTION~ Mayor Daly moved to continue the Public Hearing for three weeks.
the meeting of November 28, 1995. Council Member Feldhaus seconded the
motion. MOTION CARRIED.
To
Council Member Feldhaus. Relative to the comments of Mr. Ontiveras, AirTouch
in prior hearings did submit a map of their existing and proposed tower
locations throughout the City that did cover all their communication needs.
At the time, they made a statement to the effect that they would not need any
further locations or sites in Anaheim over and above those proposed.
Council Member Zemel. He did oppose the last request from ~irTouch because
the location was in a park. At that time, the con~nent was made that a Master
Plan would be formulated and staff would tighten up on future sites. During
the continuance, he would like to hear from-staff relative to that plan since
it was last February when the Council requested a tightening up on tower
issues. He would like to know what the plan really means.
Council Member Feldhaus. There are basically only two companies -- AirTouch
and L.A. Cellular. There was also a conunent made that the pol~s are temporary
in nature due to the advancing technology which will reduce the size of the
directionals which have already decreased dramatically.
Council Member Lopez. Even though there is no Master Plan, he feels
comfortable having approved those that have been approved. They should
definitely look into future plans if there are going to be additional towers.
Greg Hastings. The Planning Commission has scheduled a workshop in
approximately three weeks. One of the providers has hired a consultant and
the consultant is going to provide the Planning Commission information on how
the new system works. They have asked all providers they are working with to
hold off for further study before submitting any new applications.
Council Member Zemel. He stated there have been rumors there is a health
problem with cellular and he would like to get a report on that issue to see
if there is any truth to it.
~'P~(S B1 - B)i FROM ~'~ PLANNING COMMISSION MEETING OF OCTOBER 16r 1995
INFORMATION ONLY - APPEAL PERIOD ENDS NOVEMBER 7r 1995
B1.
179~ REr?r~SIFI~a~ION NO. 94-95-09 CONDITIONAL USE PERMIT NO. 3776 AND
NEGATIVE DECLARATION~
OWNER= DONALD A. MILLER, C/O Glenn Hellyer, 1225 W. Lincoln Avenue,
Anaheim, CA 92805
AGENT= GLENN HELLYER, 1225 W. Lincoln Avenue, Anaheim, CA 92805
LOCATION: 301 S. Anaheim Boulevard. Property is approximately 0.87
acre located at the southwest corner of Anaheim Boulevard and Broadway.
For a change in zone from the C~ (Commercial, General) Zone to the CL
(Commercial, Limited) or a less intense zone.
To permit a 3,075-square foot drive-through restaurant with an outdoor
patio area.
16
CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTES NOVEMBER ?, 1995
ACTION TAKEN BY THE pLANNING COMMISSION:
RECLASSIFICATION NO. 94-95-09 GRANTED, UNCONDITIONALLY (PC95-130) (7 yes
votes).
CUP NO. 3776 GRANTED (PC95-131).
Approved Negative.Declaration.
A review of the Planning CommiBsioh's deciB£on was requested by Council
Members Lopez and Tait, and therefore, a public hearing will be scheduled at a
later date.
B2.
~79= CONDITIONAL USE pERMIT NO. 103f CATEGORIC~T~.Y EXEMPTr CLASS 21s
OWNERs FU JUNG CHUNG & LING C. CHUNG, 500 S. Beach Blvd., Anaheim~ CA
92804-1811; HENRY KUO & SHU I KUO, 9334 Rives Ave., Downey,CA 90240
INITIATED BY= City of Anaheim, Code'Enforcement Division, 200 S.
Anaheim Blvd. Anaheim, CA 92805
LOCATION: 500 South Beach Boulevard (Calico Motel). Property is
approximately 0.36 acre located on the east side of Beach Boulevard and
approximately 396 feet north of the centerline of Orange Avenue.
City-initiated request to consider revoking or modifying Conditional Use
Permit No. 103 (to permit an 18-unit motel) pursuant to Section
18.03.091 of the Anaheim Municipal Code.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 103 MODIFIED by adding new conditions of approval (PC95-132)
(7 yes votes).
A letter of appeal of the Planning Commission's action dated November 7, 1995
was received from the owner of the Calico Motel, Henry Kou and, therefore, a
public hearing will be scheduled at a later date.
B3.
~79: WAXVER OF CODE REQUXREMENT - CONDXTIONAL USE PERMIT NO. 3791 AND
NEGATXVE DECLARATXON=
OWNERs CALIFORNIA DRIVE-IN THEATERS, INC., Attn: A. Terry Dickens, 120
N. Robertson, Los Angeles, CA 90048
LOCATION: ~520 North Lemon Stueet (Anaheim Drive-In Outdoor Swapmeet).
Property as approximately 23.13 acres located at the southeast corner of
Durst Street and Lemon Street.
To permit an outdoor roller hockey facility in conjunction with an
existing outdoor swal~neet with waiver of required setback abutting an
arterial highway and required setback abutting a freeway right-of-way.
ACTION TAKEN BY THE PLANNING COMMISSIONs
CUP NO. 3791 GRANTED for one year (to expire 10/16/96) (PC95-133) (7 yes
votes).
Approved waiver of code requirement.
Approved Negative Declaration.
B4.
179s CONDXTIONAL USE PERMIT NO. 1769 AND NEGATIVE DECLARATION:
OWNERs BONNIE WEBERG, 1360 E. Maple Ave., Glendale, CA 91205
AGENT= RICHARD AND ELVA LOPEZ, 2140 S. Nautical Street, Anaheim, CA
92802
LOCATION: 1287 East Lincoln Avenue~ Units D, E and F. Property is
approx. 1.7 acres located on the north side of Lincoln Avenue and
approximately 760 feet east of the centerline of East Street.
Petitioner requests an amendment to the limitation of time to retain the
on-premises sale and consumption of beer and wine within an existing
full service restaurant.
17
C~TY OF ~,N~HE~ CAL~FORN~ COUNCIL H~NUTES NOVEMBER
ACTION TAKEN BY T~E PLANNING COMMISSION:
Approved amendment that CUP NO..1769 shall terminate on November 21,
1996 (PC95-134) (7 yes votes).
Approved Negative Declaration.
BS.
179~ VARIANCE NO. 4282~ CATEGORICA?~ EXEMPT. CLASS 11:
OWNER= GLENDALE FEDERAL BANK, Attn= Bernard L. Dunlap, Vice President
Facilities, 401 W. Lexington Drive, Glendale, CA 91203
AGENT: TRIPLE "A" SIGNS, Attn: John McKinney, 11015 Cumpston Street,
North Hollywood, CA 91601
LOCATION= 5677 E. La Palms Avenue. Property is approximately 0.67
acres located at the northwest corner of La Palma Avenue and Imperial
Highway.
Waiver of maximum number of wall signs to construct two wall signs on an
existing bank building.
ACTION TAKEN BY THE PLANNING COMMISSION=
Variance No. 4282 APPROVED (PC95-135) (7 yes votes).
B6.
979: CONDITIONAL USE PERMIT NO. 3799 AND NEGATIVE DECLARATION:
OWNERs LA PALMA INVESTMENTS, 13233 Fiji Way, Unit-F, Marina Del Rey, CA
90232
AGENT: PAUL VENETOS AND ESTHER VAVOULIS, 2661 W. La Palma Ave.,
Anaheim, CA 92801
LOCATION: 2661 West La Palms Avenue. Property is approximately 1.43
acres located on the 'north side of La.Palma Avenue. and approximately 210
feet east of the centerline of Woodland Drive.
To permit an 835-square foot patio dining area in conjunction with an
existing 9,600-square foot restaurant with alcohol sales.
ACTION TAKEN BY THE PLANNING COMMISSION=
CUP NO. 3799 GRANTED (PC95-136) (7 yes votes).
Approved Negative Declaration.
B7.
B8.
~79: CONDITIONAL USE PERMIT NO. 3082 AND NEGATIVE DECLARATION:
OWNER: VIETNAMESE EVANGELICAL CHURCH, Attn: Timothy Thi, 1681 W.
Broadway, Anaheim, CA 92801
LOCATIONs 1681 West Broadway. Property is approximately 0.4 acres
located on the north side of Broadway and approximately 205 feet east of
~he centerline of Euclid Street.
Petitioner requests the deletion of a condition of approval pertaining
to the limitation of time for a previously approved church.
ACTION TAKEN BY THE PLANNING COMMISSION=
Approved deletion of a condition of approval for CUP NO. 3082 (PC95-137)
(7 yes votes).
Negative Declaration previously approved.
REPORT AND RECOMMENDATION ITEMS:
179~ VARIANCE NO. 4194 REQUEST FOR A RETROACTIVE EXTENSION OF TINE TO
COMPLY WITH CONDITIONS OF APPROVAL=
REQUESTED BY: Mark Frost, 24555 Los Alisos Boulevard, Laguna Hills, CA
92653
LO~ATION: Prgpert¥ is located at 2001 West Folsom Street.
Petitioner requests a one-year retroactive extension of time to comply
with conditions of approval for Variance No. 4194 (waiver of required
lot frontage, minimum lot area per dwelling unit, and minimum front yard
18
CTTY OF ANAHETM, CALTFORNT& COUNCIL MINUTES NOVEMBER ?, 3.995
setback to establish a 5-lot single-family residential subdivision) to
expire on September 9, 1996.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved retroactive extension of time for Variance No. 4194 (to expire
September 9, 1996.)
Bg.
~79t CONDITIONAL USE PERMIT NO. 3699 - REQUEST FOR A RETROACTIVE
E~"I~N___~%ON OF TIME TO COMPLY CONDITIONS OF APPROVALs
REQUESTED BY= J. M. Brewst~r, '4071 Second Street, Yorba Linda, CA
92686
LOCATION~ Property ~s located at 999 North West Street.
Petitioner requests a retroactive extension of time for Conditional Use
Permit No. 3699 (to permit an 8,355 square foot church with accessory
uses) to expire on September 27, 1996.
ACTION TAKEN BY THE PLANNING COMMISSION~
Approved retroactive extension of time for cup No. 3699 (to expire
September 27, 1996.)
B10.
~79% CODE AMENDMENT 95-06.- REQUEST FOR CONSIDERATION OF AN ORDINANCE
PErTAINiNG TO REV~U~E CORNER LOTS IN SINGLE-FAMILY RESIDe%AT., ZONESs
Requested by the City of Anaheim, Planning Department, 200 S. Anaheim
Blvd., Anaheim, CA 92805.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption to the City Council.
ORDINANCE NO. 5532 (INTRODUCTION) Adding and Amending various
subsections of Title 18 of the Anaheim Municipal Code pertaining to
Zoning (side yards on reversed corner lots in single-family residential
zones.
Mayor Daly offered Ordinance No. 5532 for first reading.
ORDINANCE NO. 5532 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM
ADDING AND AMENDING VARIOUS SUBSECTIONS OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE PERTAIKING TO ZONING (SIDE YARDS ON REVERSED CORNER LOTS
IN SINGLE-FAMILY RESIDENTIAL ZONES.
Bll.
179% CONDITIONAL USE PERMIT NO. 3786 - REQUEST FOR REVIEW OF FINAL
REQUESTED BY~ Weyerhaeuser, 710 East Cerritos Avenue, Anaheim, CA
92815
LOCATIONs Property is located at 1561 and 1601 South Lewis
Street. Petitioner requests review and approval of final landscape plans
for Conditional Use Permit No. 3786 (to permit a building material
storage yard with waiver of permitted encroachments into required
setbacks).
ACTION TAKEN BY THE PLANNING COMMISSION=
Approved final landscape plans.
19
CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTE8 NOVEMBER 7, 1995
ITEMS B12-B13 FROM THE PLANNING COMMISSION MEETING OF OCTOBER 30r 1995.
INFORMATION ONLY - APPEAL PERIOD ENDS NOVEMBER 9r 1995
B12 ·
170: TENTATIVE TRACT MAP NO. 12695 AND FINAL SITE PLAN
AND NEGATIVE DECLARATION:
OWNERs THE PRESLEY COMPANIES, 19 Corporate Plaza, Newport Beach, CA
92660
LOCATION: Property is approximately 2.8 acres located at the northwest
corner of Sunset Ridge Road and Serrano Avenue and further described as
Tentative Tract Map No. 12695 ~ithin Development Area 8 of The Highlands
at ~naheim Hills Specific Plan (SP87-1).
Petitioner requests approval of a Tentative tract Map and final site
plan (to establish a 2.8 acre, 3-lot condominium subdivision, including
two residential lots and one lettered lot)' in order to develop a 32-unit
attached condominium complex.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved Tentative Tract Map No. 12695 and final site plan (7 yes
votes).
Negative Declaration previously.approved.
B13.
155: ~N~ZRONMENTAL IMPACT ~EPORT NO. 281 (Previously Certified)
VESTING TENTATIVE T~ACT MAP NO. 15074 AND FINAL SITE PLAN:
OWNER: SHEA HOMES, 655 Brea Canyon, Walnut, CA 91789-1841
AGENT: HUNSAKER & ASSOCIATES, Attn: Dan Hossenzadeh, 3 Huges, Irvine,
CA 92718
LOCATION: Vestino Tentative Tract MaD No. 15074 within Development Area
~O40~ %h~ Summit of Anaheim Hills Specific Plan (SP88-2). Property is
approximately 7.1 acres located at the northwest corner of oak Canyon
Drive and Running Springs Road.
Petitioner requests approval of Vesting Tentative Tract Map No. 15074
and final site plan in order to establish a 7.9 acre, 41-lot single-
family subdivision, including 40 residential lots and one open space
lot.
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED Vesting Tentative Tract Map No. 15074 and Final Site Plan
(6 yes votes, 1 abstained).
EIR NO. 281 previously certified.
END OF THE PLANNING COMMISSION ITEMS.
B14.
179: ORDINANCE NO. 5528 FOR ADOPTION: Amending Section 15 of
Ordinance No. 5497 pertaining to communication antennas. (Introduced at
the meeting of October 17, 1995, Item B10.)
B15.
155~ ORDINANCE NO. 5529 FOR ADOPTION: Amending Chapter 18.71 of Title
18 of the Anaheim Municipal Code relating to Sycamore Canyon Specific
Plan (SP88-1). (Introduced at the meeting of October 17, 1995, Item
DI.)
Mayor Daly offered Ordinance Nos. 5528 and 5529 for adoption. Refer to
Ordinance Book.
20
CITY OF ~NAHEIHv CALIFORNIA COUNCIL MINUTES NOVEMBER 7, 1995
ORDINANCE NO. 5528: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 15 OF ORDINANCE NO. 5497 PERTAINING TO COMMUNICATION ANTENNAS.
ORDINANCE NO. 5529: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
CHAPTER 18.71 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
SYCAMORE CANYON SPECIFIC PLAN (SP88-1).
Roll CaLl Vote on Ordinance Nos, 5528 and.5529, for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL MEMBERSt None
ABSENTs MAYOR/COUNCIL MEMBERS= None
The Mayor declared Ordinance Nos. 5528 and 5529, duly passed and adopted.
B16.
179: ORDINANCE NO. 5533 (INTRODUCTION): Amending Title 18 to rezone
property under Reclassification No. 92-93-01 located at 2001 West Folsom
Street from the RS-A-43,000 zone to the RS-7200 zone.
Mayor Daly offered Ordinance No. 5533 for first reading.
ORDINANCE NO. 5533: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ZONING
MAP REFERRED TO IN TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION
NO. 92-93-01 LOCATED AT 2001 WEST FOLSOM STREET FROM THE RS-A-43,000
ZONE TO THE RS-7200 ZONE.
C1. ~07: ~OOL ROOM PERMIT APPLICATION - PACIFIC BILLIARD CLUBs
SUBMITTED BY: LEO CHINZONG TSENG, 6460 Shady Lawn Drive, Yorba Linda,
CA 92686~ and THOMAS W. HWEI, 1100 Seneca Place, Diamond Bar, CA 91765
LOCATION OF ESTABLISHMENT: 1676 West Lincoln Avenue (Pacific B£11iard
Club}.
To consider the application for 20 billiard tables at 1676 West Lincoln
Avenue (Pacific Billiard Club).
John Poole, Code Enforcement Manager. The application before the Council is
really a change of ownership in one of the partners. There have been
absolutely no problems at the location and both the Police Department and Code
Enforcement recommend approval.
MOTION. Council Member Zemel moved to approve the application for a Pool Room
Permit for Pacific Billiard Club submitted by Leo Chinzong Tseng (property
located at 1676 West Lincoln Ave.) Council Member Feldhaus seconded the
motion. MOTION CARRIED.
C2.
155: Discussion from the meeting of October 17, 1995, Item D1,
requested by the Mayor and City Council in connection with the left-turn
pocket pertaining to the Sycamore Canyon Specific Plan (SP88-1).
21
C~'TY OF ~NAHE~'H~ CAL'rFORN'rA COUNCIL HINUTES NOVEI~ER 7~ L995
City Attorney White first briefed the issue which was discussed at length at
the meeting of October 17, 1995 (see minutes that date, Item D1. - Public
Hearing) which was deferred'to tonight's meeting. Staff does have concerns
regarding public safety issues relating to the proposed median'break.' The law
provides if the City Council approves the design of a public accessway or
street, the City has immunity from liability if (1) the design was pursuant to
the discretionary authority exercised by the Council and, (2) approval is
based upon substantial evidence in the record that the design was a safe
design. At the last meeting, the Council considered written information from
the traffic engineering firm employed by the applicant but felt it was not
adequate to give the information upon which they could base such a finding
and, therefore, continued the item as a separate item until night.
John Lower, Traffic and Transportation Manager. He has had con~ersations with
the applicant's traffic engineer. No additional analysis has been done since
what was presented at the meeting of October 17, 1995 -- the letter report
from Weston Pringle which was very qualitative and stated there were locations
similar to this in unincorporated County territory where left-turn inbound
movements are provided and that County staff indicated they had not
experienced an accident problem. He talked with the County traffic
engineering staff who indicated there was no accident history. They did not
quantify the number of accidents which occurred. Also, he has obtained from
the Institute of Transportation Engineers guidelines for driveway location and
designs, the section on median cuts, which states as many as one half of all
driveway accidents involved left-turn entry. In this case, the left turns
would be made across three lanes of traffic forcing the left-turn driver to
make judgments for all three of those lanes on a down- hill approach where
speed is more difficult to recognize. He confirmed he has received nothing in
writing from the applicant confirming the analysis but received a call from
Mr. Mickelson and Wes Pringle confirming that no additional analysis was
completed.
Bob Mickelson, 121 W. Rose, Orange.' Mr. Wes Pringle was present earlier and
stayed as long as he could but had to leave. There has not been any new
analysis but Mr. Pringle was prepared to defend the analysis he had made and
to indicate this is a safe design and does work adequately at other places
around the County. He would be available next week for an extended period of
time. Perhaps there should again be a one-week continuance to have Mr.
Pringle.explgin his analysis.
Mayor Daly. He asked if the City Attorney would like to have something in
writing from Mr. Pringle or his verbal backup of the proposal.
City Attorney White. The more they have, especially in writing, the more
supportable his opinions would be. At present, the only thing in the record
is a short letter that does not even contain Mr. Pringle's opinion but
summarizes his discussion with the County Traffic Engineer. The Council is
going to have to decide whether the proposed median break constitutes a safe
or unsafe condition.
Mr. Mickelson. He will ask Mr. Pringle to expand and submit that information
no later than next Friday.
MOTION. Council Member Zemel moved to continue this matter for one week.
Council Member Lopez seconded the motion. 'MOTION CARRIED.
22
C~TY OF 21~2~E~H~ CALiFORNiA COUNCIL X~NUTES NOVEMBER 7, 1995
C3.
156: Report from the Liaison Committee on Pilot Program for INS Officer
at City Jail to (a) provide update on the work completed; and (b) to
request support for funding the project from City funds should federal
funds not be forthcoming.
Also see minutes of 9/12, 9/19, 9/26, and 10/3/95 where the matter was
discussed.
Council Member Zemel. He first briefed the Council on the latest efforts to
reduce crime in the City as a result of the initial actions approved by the
Council leading toward the ultimate goal of having an INS Officer placed in
the City's Jail. After doing so, he reported that he and Council Member Tait
were flying to Washington, D.C. tomorrow morning to have a series of 12
different meetiggs with Congressional Representatives and the INS Agency to
further the agenda. As an aside, he noted that they were not travelling at
taxpayer's expense, but thanks to the Anaheim business community and also
Council Member Feldhaus. He then read the staff recommendation:
That the City Council by motion authorize the City Manager
and the INS Council Liaison Committee
A. Continue to pursue INS cooperation for the proposed
6-month pilot project.
B. Continue to pursue Federal funding for the 6-month
pilot project.
C. Work with INS staff to validate the survey numbers
and take maximum advantage of existing INS services.
D. Offer local funding for the 6-month pilot project if
Federal funding is not approved within 60 days.
The efforts will be to obtain Federal funding but if not forthcoming within
the next 60 days, that the Council direct the City Manager to authorize the
funds .to get the program started and during the ~-month program, continue to
seek reimbursement from the Federal Government for the program' and for the
second six months.
Council Member Tait. He knows there is a concern that the City not get into
the immigration business. He clarified what they want is a deputized INS
Officer in the City's jail to deal with that issue. This is the Citf's
attempt to address a large portion of the crime committed in the City -- up to
37% and possibly more. It is a crime and anti-violence issue for the City and
not an immigration issue.
Dave Morgan, Assistant City Manager explained that the report summary from
Council Member Zemel captured the latest update. He then elaborated on the
logic behind the four recommendations as discussed by the Task Force. (Also
see memo dated November 2, 1995 from the INS Council Liaison Committee to the
City Manager/City Council - INS Pilot .Project - Council Liaison Status
Report).
Council Member Feldhaus reported and elaborated on recent newspaper articles
indicating that the position of the Federal.Government at this time is that
they are expending monies for pilot programs that allows employers to check
worker immigration documents via computer from a national data base. His only
thought is relative to Item D. If they go to the Federal Government offering
local funding for the 6-month pilot project, most assuredly the government
will think that's fine. However, there does seem to be some movement by the
23
CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTES NOVEMBER 7v 1995
Federal Government to expend monies trying to track these people. He feels
they should continue to pursue Federal funding for Anaheim's proposal.
Council Member Zemel. If the Federal Government refuses to fund the program
on the short-term and the City decides to do so, at the end of the 6-month
program with the City's results in, he feels the Federal Government will be
hard pressed not to refund the City and then not to continue the project. It
is almost an advance, whereifi the City would get its money back.
Mayor Daly. That point is a good one especially if the government agrees the
City's study is a valid one. Relative to the point Council Member Feldhaus
made, he asked if they are going to vigorously pursue Federal funding through
the City's lobbyists and all sources 'available.
City Manager Ruth. He answered emphatically that they would do so. The
City's lobbyist in Washington is becoming more optimistic. In the twelve
meetings that have been set up, there will be a "full-court press" to obtain
the funding.
Council Member Feldhaus. He asked if staff has identified where the $37,500
for the pilot program is going to come from; City Manager Ruth. Hopefully, it
will be from the Federal Government but if not, CDBG money is an option as
well as possibly one-time money, or funding it out of the existing Police
Department budget.
CounciI Member Lopez. He feels the $37,500 figure is only the tip of the
iceberg expressing his concern that the costs could be much higher considering
added costs such as housing, transportation, feeding and other associated
costs in detaining individuals.
Dave Morgan. It is not the intention that they. would be detaining the
individuals any longer than they are currently held; Council Member Zemel.
Nowhere in the program has anyone put forth the idea they would be knocking on
doors to find illegals, pick them up, and bring them in. These are people who
have been arrested for a variety of reasons. The goal of the program is to
try to find a way to reduce the number of failures to appear. There are 800
right now in the City and two full-time detectives are working on them all the
time to keep them current.
Mayor Daly then posed a line of questions which were answered by Dave Morgan
relating to the cost-saving implications of the proposal.
Jeff Kirsch, 2661 W. Palais, Anaheim. He does not feel the costs involved in
housing detainees should be dismissed out of hand; Council Member Zemel
explained the process that is ~nd will be followed as a normal matter of
course.
Joe White, 809 W. Broadway, Anaheim. He feels that the proposed program is an
excellent one. The only issue is the money and he hopes if they do go into
the program, that there is enough money in order to give it an honest try.
There should be six months to a year of funding and he hopes'that it is
Federal funding. He is also impressed by all of the work and thought that has
gone into the proposal and that it will be successful.
MOTION. Council Member Zemel moved that the four recommendations be approved.
Council Member Tait seconded the motion. MOTION CARRIED.
24
C'rTY OF JtI~TAHE~'M, C&L'I'FORN'I'& COUNC~'L M'rNUTES NOVEMBER ?, 1995
C4. 114~ COUNCIL COMMENTS~
Council Member Feldhaus. He wanted to publicly thank and recognize community
members who worked so diligently over the past 12 months to make the first
Anaheim Fall Festival held on October 28, 1995 in downtown Anaheim such a
great success.
COUNCIL POLICY NO. 111 - DISCUSSION OF MAYOR PRO TEMz Council Member
Feldhaus. He referred to the'memorandum from the City Clerk with respect to
Council Policy No. 111 relating to the selection of Mayor Pro Tem. He
believes the policy need8 to b~. discussed and rather than schedule the
reorganization for the next Council meeting, that instead this item be placed
on the.agenda for discussion and possible action.
City Clerk Sohl. If there is a discussion next week, the reorganization can
then be scheduled for the meeting of 11/28/95 if that is what the Council
wishes.
It was determined that the matter be agendized for discussion for the meeting
of November 14, 1995.
C5. REPORT ON CLOSED SESSION ACTIONS~
City Attorney Jack White stated that there are no actions to report.
ADJOURNMENT~ By general Council consent, the Council meeting of November 7,
1995 was adjourned (8~35 p.m.)
LEONOi~ N. SOl-IL
CITY CLERK
25