1995/11/28C'rTY OF ANAHET~, CALI'FORN'rA COUNCTL M1'NUTE8
NOVEMBER 28~ 1995
The City Council of the City of Anaheim met in regular session.
PRESENT=
PRESENT:
ABSENT:
PRESENT:
MAYOR~ Daly
COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
PLANNING DIRECTOR: Joel Fick
FIRE MARSHAL~ Gary Wilder
UTILITIES ASSISTANT GENERAL MANAGER-FIN. & ADMIN.:
Mike Bell
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:20 p.m. on November 22, 1995 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Daly called the meeting to order at 3~15 p.m.
REQUEST FOR CLOSED SESSION:
City Attorney White requested a Closed Session noting that there are two
items to be added to the Closed Session Agenda (see Item 5 and 6 below)
where the need to take immediate action ie necessary and which came to
the attention of the City subsequent to the agenda being posted.
MOTION. Council Member Zemel moved to waive the 72-hour posting provision of
the Brown Act finding that there is a need to take immediate action on two
additional items and that the need for action came to the attention of the
City subsequent to the agenda being posted. Council Member Tait seconded the
motion. MOTION CARRIED.
PUBLIC COM}{ENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closed Session items.
The following items are to be considered at the Closed Seesi0n:
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.
CITY OF AN/~NEIM, CALIFORNI~ COUNCIL MINUTES NOVEMBER 28, 1995
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
Stadium Associates v. Anaheim Redevelopment Agency, Orange County
Superior Court Case No. 73-70-20.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION (ANNUAL REVIEW)
TITLE= City Treasurer
40
CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator: Dave Hill
Employee organization: IBEW Local 47; AMEA
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNEMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION=
Name of case: City of Garden Grove vs. City of Anaheim - L.A. Superior
Court Case - BC124003.
REAL PROPERTY NEGOTIATIONS CONCERNING PROPERTY LOCATED AT 2000 Gene
Autry Way.
RECESS=
Mayor Daly moved to recess into Closed Session. Council Member
Zemel seconded the motion. MOTION CARRIED. (3:20 p.m.)
AFTER RECESS:
The Mayor called the meeting to order, all Council Members being
present, and welcomed those in attendance to the Council meeting.
p.m.).
(5:35
INVOCATION:
Pastor Jim Gaston, State College Church of Christ, gave the invocation.
FLAG SALUTE:
Council Member Tom Tait led the assembly in the Pledge of Allegiance to
the Flag.
114. COUNCIL REORGANIZATION - DESIGNATION OF MAYOR PRO TEM~ In accordance
with Council Policy 111, the Council shall reorganize and designate one of its
members as Mayor Pro Tem.
Mayor Daly. He referred to the discussion previously brought forward by Mayor
Pro Tem Feldhaus noting that the position of Mayor Pro Tem has a major
responsibility in speaking for the City at various functions. Ail of the
Council Members fill the role from time to time. The Mayor Pro Tem has a
special honorary role and also serves as Mayor if need be. According to the
rotation system now in place, it is time to select a new Mayor Pro Tem.
MOTION. Mayor Daly moved for the designation of Council Member Lopez as Mayor
Pro Tem for the coming 12 months. Council Member Feldhaus seconded the
motion.
C'rTY OF ANAHE'I'M~ CAL'rFORNTA COUNC'I'L M'rNUTES NOVEMBER 28~ :1.995
Before a vote was taken, Mayor Pro Tem Feldhaus stated the rotation policy is
fine, but the persons scheduled to be appointed should be required to affirm
his or her commitment to the task.' He feels there should be a job description
that gives the responsibilities of the Mayor Pro Tem. It is not just an ego-
building title. A City the size of Anaheim should never be embarrassed
because the Mayor or the Mayor Pro Tem cannot be present at a function the
official was scheduled to attend. It is necessary to examine time commitments
and the person's relationship to their work and f~milies. He reiterated
perhaps before accepting the title of Mayor Pro Tem, there should be a
detailed job description to consider before accepting the title. At this
time, there are two Council Members who are eligible because of an unusual
situation and both are well qualified to be Mayor Pro Tem (Council Members
Lopez and Zemel). According to the policy, lots are to be drawn. He believes
drawing lots is philosophically wrong.
City Attorney White. The Council is not bound to follow the policy. The
Charter says the City Council shall appoint the Mayor Pro Tem. It was put in
place two or three years ago in its current form to take away from controversy
in the selection process. However, the Council can deviate from that policy.
He suggests that the motion incorporate a waiver of the policy so that there
will be no need to cast lots at this time.
Mayor Daly. He incorporated a waiver of Council Policy 111 in his motion and
Council Member Feldhaus did the same in his second.
Council Member Zemel. Last week when the subject came up, he nominated
Council Member Lopez but since it was not on the agenda, no action could be
taken. He still is in favor of the nomination of Council Member Lopez. Also,
Council Member Feldhaus brought up some good points. There were several times
in the last year when the Mayor and Mayor Pro Tem were not available and he
filled in. There is quite a demand and he is fully prepared and able to
support Council Member Lopez as Mayor Pro Tem but would like to be certain
that he (Lopez) is ready for it. There is the issue of day-time activities
and Council Member Lopez is an employee of the Police Department. He would
like to know how that will work for Council Member Lopez.
Council Member Lopez. He will handle the position the same as when he was
President of the Anaheim City School District. He has about eight weeks
vacation time which he will take from time to time. Also, he only works four
days a week. There will be no problem fulfilling the obligations of Mayor Pro
Tem if he is designated.
Mayor Daly. He then thanked all of the Council Members noting that Anaheim is
so busy they are all pressed into ceremonial duties on occasionB. He reserved
a special thanks to Mayor Pro Tem Feldhaus. He never failed the citizens when
there was a requirement for a representative to be at a function, meeting or
dinner.
A vote was then taken on the foregoing motion designating Council Member, Lou
Lopez as Mayor Pro Tem for the coming year (to approximately November, 1996)
including the waiver of Council Policy 111. MOTION CARRIED.
119. DECLARATION OF RECO~NITION= A Declaration of Recognition was unanimously
adopted by the City Council and presented to Frank Cozza on the 30th
Anniversary of Mama Cozza's Restaurant, an Anaheim "institution."
3
CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES NOVEMBER 28, 1995
Mr. Cozza accepted the Declaration noting that he came to Anaheim in 1945 and
has watched it grow since that time.
Mayor Daly. He noted that so many citizens have had an opportunity to visit
Mama Cozza's Restaurant which is considered a landmark. Before opening his
restaurant in 1965, Mr. Cozza served as an Anaheim Police Officer for 17 years
and has also served his community in other capacities. The Mayor and Council
Members then personally congratulated Mr. Cozza on this special occasion.
119: THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY
COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME:
1. PROCLAMATION recognizing November 1995 as Kiwanis Sponsored Youth
month in Anaheim.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,020,933.19 for
the period ending November 20, 1995 and $2,620,092.33 for the period ending
November 27~ 1995, in accordan6e with the 1995-96 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5:55 p.m.)
Mayor Daly reconvened the City Council meeting. (6:25 p.m.)
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST: Michael Blanco, 424 N. Philadelphia Street,
Anaheim, Chairman, Central City Neighborhood Council. He received a letter
which he had problems with. The subject of the letter is - Make-up Training
Session for the Community Development Advisory Board (CDAB). On October 19,
1995, the CDAB held their first meeting which was the CDAB training session.
Unfortunately, some members of the board could not attend. He then read the
letter for the Council after which he stated Mr. Benny Hernandez missed the
meeting and it was not the first time. They are being asked to make up a
training session and he (Blanco) said no. He is not happy the way the
situation is being handled. There are rules that are not being followed and
they want to know why the rules are being changed midstream.
Mayor Daly asked if he was objecting to rescheduling the training session~ Mr.
Blanco answered yes. He feels that Mr. Hernandez had the time to go out to
other elections to manipulate the vote but when it comes time to fulfill his
obligations, he does not show up.
Mr. Blanco. He asked if the INS funding issue to have an INS Officer in the
city jail had been approved. If the money is going to come from Block Grant
Funds, they will need to revise their budget.
Council Member Zemel. The Liaison Committee's belief is that the money should
not come from CDBG funds even though it is Federal money and that other
options should be pursued.
4
CITY OF AITAHEIM, CALIFORNI]~ COUNCIL MINUTES NOVEMBER 28, 1995
Mayor Daly. The Council will ask staff to transmit to the committee the
latest efforts by staff and thinking in terms of the appropriate sources of
funding.
Jeff Kirsch, 2661 W. Palais, Anaheim. He referred to the meeting of November
14, 1995 and the Public Hearing regarding Home Depot (see minutes that date)
where it was indicated that there were negotiations proceeding with the City
to relocate the store. He posed questions relative to those negotiations
questioning if it would be an economic benefit to the City and whether some
information, could be given to the affected residents.
Mayor Daly. He answered that any changes regarding the Home Depot property
will be on the posted Council Agenda or Redevelopment Agenda in the future.
Any speculation is simply conjecture at this point. If there is a specific
proposal, it will be on the posted agenda some time in the future.
PUBLIC COMMENTS - AGENDA ITEMS:
Public input was received on Agenda Item A15. See discussion under that item.
MOTION:
Council Member Daly moved to waive reading in full of all
ordinances and resolutions to be acted upon for the Council
meeting of November 28, 1995. Council Member Zemel seconded the
motion. MOTION CARRIED.
CITY NAh'AGER/DEPARTMENTAL CONSENT CALENDAR:
On motion by Mayor Daly, seconded by Council Member Zemel, the following items
were approved in accordance with the reports, certifications and
recommendations furnished each Council Member and as listed on the Consent
Calendar; Mayor Daly offered Resolution Nos. 95R-192 and 95R-193, both
inclusive, for adoption. Refer to Resolution Book.
Al.
A2.
118: The following claims were filed against the City and action taken
as reconunended:
Claims rejected and referred to Risk Management:
a. Claim submitted by Deborah L. Sims for property damages sustained
purportedly due to actions of the City on or about September 1, 1995
b. Claim submitted by Morris Edward Miller for property damages
sustained purportedly due to actions of the City on or about August 25,
1995.
c. Claim Submitted by Claudio J. Coronado for property damage sustained
purportedly due to actions of the City on or about June 3, 1995.
105: Receiving and filing minutes of the Public Utilities Board meeting
held October 5, 1995.
105: Receiving and filing minutes of the Mother Colony House Advisory
Board meeting held September 11, 1995.
5
CITY OF ANAHE'rM~ CAL~'FORN'I'& COUNCIL M'rNUTE8 NOVEHBER 28~ 1995
A3.
A4.
AS.
A6.
105: Receiving and filing minutes of the Senior Citizens Commission
meeting held October 18, 1995.
105: Receiving and filing minutes of the Community Services Board
meeting held October 12, 1995.
105= Receiving and filing minutes of the Budget Advisory Commission
meeting held October 18, 1995.
117~ Receiving and filing the Summary of Investment Transactions
submitted by the City Treasurer for the months of September and October,
1995.
140~ Receiving and filing the Anaheim Public Library Monthly
Statistical Report for the month of September, 1995.
105= Receiving and filing minutes of the Anaheim Public Library Board
meeting held October 25, 1995.
173= Receiving and filing a Notice of Filing of an Application by
Screamline Investments, Inc., doing business as Tour Coach
Transportation requesting a certificate to provide scheduled passenger
stage service between Los Angeles International Airport, on the one
hand, and points in the Cities of Anaheim, Buena Park, Fullerton,
Newport Beach, Orange and Pasadena and between John Wayne Airport, on
the one hand, and points in the Cities of Anaheim, Buena Park,
Fullerton, Newport Beach and Orange.
105: Receiving and filing minutes of the Telecommunications Policy
Advisory Committee meeting held October 4, 1995.
150= Awarding the contract to the lowest responsible bidder, A. G.
Albiso Construction, in the amount of $48,200 for Oak Canyon Nature
Center Erosion Control~ and in the event said low bidder fails to comply
with the terms of the award, awarding the contract to the second low
bidder, as well as waiving any irregularities in the bids of both the
iow and second low bidders.
175: Awarding the contract to the three lowest responsible bidders,
Pouke & Steinle, Inc., (in the amount of $305,610.90), ELC Electric,
Inc., (in the amount of $429,585.25), and Henkels & McCoy, Inc., (in the
amount of $591,614.70) for construction, maintenance and repair services
relative to the electrical transmission, distribution, communication and
substation facilities~ and waiving any irregularities in the bids of
these bidders.
123= Approving an Agreement with Hanscomb Associates, Inc., in an
amount not to exceed $214,320, to provide project representative
services for the construction of the Anaheim Hills Police Substation.
170= Approving the Final Map and Subdivision Agreement with Shea Homes
of Tract No. 15074, and authorizing the Mayor and City Clerk to execute
the Subdivision Agreement. Tract No. 15074 is located at The Summit,
north of Oak Canyon Drive, and east of Gold Dust Lane, and is filed in
conjunction with Specific Plan No. 88-2.
CITY OF ~__~m~l~ CALIFORNIA COUNCIL M'rNUTE8 NOVEHBER 28~ 1995
Al0 ·
All.
A12 ·
A13 ·
A14 ·
A15.
A7. 123: Approving and authorizing the Mayor and City Clerk to execute the
First Amendment to Utility Agreement No. 12199 for the I-5 Freeway sewer
relocation, Segment B.
A8. 160: Accepting the bid of Pauwels Transformers, in the amount of
$470,945 for.one LTC three phase 67 - 12.47 K.V.A. 30/40/50/ M.V.A.
power transformer, in accordance with Bid $5437.
Ag. 160= Waiving Council Policy 306, and authorizing the Purchasing Agent
to'issue a Purchase Order to Dictaphone Corporation, in the amount of
$39,931.50 for the purchase of one Guardian Digital Recording System
including two Call Check Recorders for the Fire Department
Communications Center.
123: Approving an Agreement for Legal Services with the law firm of
Albert, Weiland & Golden in connection with general bankruptcy matters.
153: Authorizing full-time City of Anaheim Employees to participate in
a one-time accrued vacation buy-out, to provide a cash donation to an
employee of the Utilities Department who is currently On leave-without-
pay pending the 30-day elimination period for STD benefits.
152= Authorizing the Human Resources Director to execute agreements for
the acquisition of labor and services for temporary personnel relief.
156: Amending the Fiscal Year 95/96 Budget by increasing revenues and
expenditures in Fund 218 by $49,750 for grant funds from the Department
of Alcoholic Beverage Control to the Police Department.
113: RESOLUTION NO. 95R-192: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE
THAN TWO YEARS OLD. (MISCELLANEOUS RECORDS MAINTAINED IN THE CITY
MANAGER'S OFFICE.)
123: Approving an Agreement with Los'Angeles Department of Water and
Power for 110 megawatts of firm transmission service; and authorizing
the Public Utilities General Manager, on behalf of the City, to execute
the Agreement and related documents and to take any and all actions
necessary to effect the City's withdrawal from the Adelanto-Lugo
Transmission Project, as recommended by the Public Utilities Board at
their meeting of November 2, 1995.
Jeff Kirschf 2661 W. Palais, Anaheim. He posed questions relative to the
financial aspects involved which were answered by Mike Bell, Assistant Ceneral
Manager, Finance and Administration.
A16. 184: Reviewing the need for continuing the Eighth Proclamation of the
Existence of a Local Emergency issued by the Director of Emergency
Services on October 31, 1995, concerning the Santiago Landslide and
Pegasus Landslide in the City of Anaheim; and taking no action to
t~rminate the local emergency at this time.
A17. 179: Adopting the Findings of Fact submitted by the Hearing Officer,
Victor J. Kaleta, Esq., denying the appeal and revoking Conditional Use
Permit No. 284 for the reasons stated therein. (El Paraiso Restaurant -
420 S. Brookhurst.)
CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTES NOVEMBER 28, 1995
Mayor Daly. He noted this is the action on the recommendation of the Hearing
Officer on the revocation of Conditional Use Permit 284 for the. E1 Paraiso
Restaurant, 420 S. Brookhurst Street, Anaheim.
RESOLUTION NO. 95R-193: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TERMINATING CONDITIONAL USE PERMIT NO. 284 AND DECLARING
PLANNING COMMISSION RESOLUTION NUMBER 455, SERIES 1962-1963, NULL AND
VOID..
Roll Call Vote on Resolution Nos. 95R-192 and 95R-193, Both inclusive, for
adoption~
AYES: MAYOR/COUNCIL MEMBERS:
NOES: MAYOR/COUNCIL MEMBERS:
ABSENT: MAYOR/COUNCIL MEMBERS:
The Mayor declared Resolution Nos. 95R-192 and 95R-193, both inclusive, duly
passed and adopted.
Tait, Zemel, Feldhaus, Lopez, Daly
None
None
END OF CONSENT CALENDAR. MOTIONS CARRIED.
~O_.WD~_?.~W_CEB ON THE PASSING OF LES AREHART: Mayor Daly, on behalf of the
Council and the City, expressed condolences to the family and friends of Les
Arehart,' Management Analyst in the Budget Division of the City's Finance
Department who was identified as one of the fatalities in a small plane crash
in Fullerton, Monday, November 20, 1995. He was a valued employee and a
dedicated public servant. Their thoughts are with his family and the families
of those others who perished in the accident.
1~( BI FROM THE ZONING ADMINISTRATOR MEETING OF NOVEMBER 9t 1995 -
DECISION DATE: NOVEMBER 16, 1995 - APPEAL PERIOD ENDS DECEMBER 1,
1995
El.
1795 ADMINISTRATIVE ADJUSTMENT NO. 0098 - CATEGORICALLY EXEMPT CLASS
OWNERs CHARLES E. & MARGARET L. FARNER, 165 South Bonnie Gene Lane,
Anaheim, CA 92808
AGENT: Joseph Morrison, 1101 Victoria, Suite M, Costa Mesa, CA 92627
LOCATION: 165 South Bonni~ Gene Lane: Subject property is
approximately 0.17 acre, having a frontage of approximately 72 feet on
the south side of Bonnie Gene Lane, with a maximum depth of
approximately 100 feet and being located approximately 307 feet south of
the centerline of Arboretum Road.
Waiver of minimum front yard setback to construct a 135 square foot room
addition.
ACTION T~N_ BY THE ZONING ADMINISTRATORs
Administrative Adjustment No. 0098 APPROVED (IA Decision No.' 95-29).
END OF THE ZONING ADMINISTRATOR ITEMS.
CTTY OF ANAHETM, CALTFORNTA COUNCTL MTNUTE8 NOVEMBER 28, 1995
B2.
134~ ORDINANCE NO. 5534 FOR ADOPTION: Amending Chapter 18.70 of Title
18 of the Anaheim Municipal Code relating to the Highlands at Anaheim
Hills Specific Plan No. 87-1 (SP87-1). (Introduced at the meeting of
November 14, 1995, Item D2.)
Mayor Daly offered Ordinance No. 5534 for adopiton. Refer to Ordinance Book.
ORDINANCE NO.'5534 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER
18.70 OF TITLE 18 OF THE ANAHEIM.MUNICIPAL CODE RELATING TO THE
HIGHLANDS AT ANAHEIM HILLS SPECIFIC PLAN (SP87-1)
Roll Call Vote on Ordinance Nos. 5534, for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
Tait, Zemel, Feldhaus, Lopez, Daly
None
None
The Mayor declared Ordinance No. 5534, duly passed and adopted.
Council Member Zemel. He has a conflict on this item (Cl.) and, therefore,
will be abstaining from voting and discussion. He then temporarily left the
Council Chamber (6:37).
Cl.
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). (Also
see minutes of October 17, 1995, November 7, 1995 and November 14,
1995).
City Attorney White. In order to expedite the matter, the City has received
and reviewed a revised letter from Weston Pringle, the Professional Engineer,
on behalf of WPA (see letter dated 11/21/95 - made a part of the record). It
is staff's position that with this letter and the implementation of the
measures that were indicated in the letter which included the removal of
certain median landscaping from that scenic corridor, that the safety
considerations would be removed as a concern both legally and practically from
staff's point of view. He then deferred to the applicant.
Bob Mickelson. He is present tonight to withdraw the request on behalf of the
applicant. He has discussed the matter again with City Engineer and he
(Mickelson) believes it is the appropriate action at this time. He apologized
for not informing the City Attorney beforehand. ·
Mayor Daly. He asked, with the request being withdrawn, if that means access
to the site would be'right turn in, right turn out off Weir Canyon with a
driveway off Weir Canyon and, if so, is that acceptable to the engineering
staff~ t~ere apparently was consensus that was the case by those who were
present in the Council Chamber relative to this item.
MOTION. Mayor Daly moved approval of the withdrawal of the request for the
left-turn pocket pertaining to the Sycamore Canyon Specific Plan SP88-1.
Council Member Tait seconded the motion. Council Member Zemel was temporarily
absent. .MOTION CARRIED.
CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES NOVEMBER 28, 1995
Council Member Zemel entered the Council Chamber (6:43).
D1.
~79: CONTINUED PUBLIC HEARING - WAIVER OF CODE F.~OUIZ~'MEN~
CONDITIONAL USE PEI~MIT NO. 3789 AND NEGATIVE DECLARATION:
OWNERs 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 C~ronado Street. Property is approximately 0.15
acre located at the northwest terminus of Coronado Street and abutting
the east side on the 57 Freeway and having a frontage of approximately
55 feet on the north side of Coronado Street and located approximately
1080 feet west of the centerline of Blue Gum Street.
To permit a 76-foot high cellular monopole tower and accessory equipment
room with waiver of minimum structural setback abutting a freeway right-
of-way.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3789 GRANTED (PC95-116) (6 yes votes, 1 absent).
Approved waiver of code requirement.
Approved Negative Declaration.
H~ARING SET ON: A letter of appeal of the Planning Commission's decision was
submitted by Richard B. Winn, Taormina Industries.
Discussed, input received and continued from the meeting of November 7, 1995.
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
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated September 18, 1995
Mayor Daly asked to hear from a representative of Taormina Industries who
appealed the decision of the Planning Commission.
Richard Winn, representing Taormina Industries. After the last meeting, they
were asked to come up with wording that would satisfy both parties. There are
two additional conditions on which both parties agree. He provided the text
to the Planning Department.
Joel Fick, Pianning Director. Staff received a Fax shortly before the meeting
containing the proposed language and it is completely acceptable to staff. He
then read the two conditions which, if approved, will be incorporated into the
C.U.P. (See - C.U.P. 3789, Added Conditions - 5. and 6.)
Richard Winn. There is another action that will come before the Counci'l at
another date that was primarily the reason for the second condition. There is
an abandonment being considered of Coronado Avenue and they had to insure
access would be provided.
10
CTTY OF ANAHE'rM~, CALTFORN'rA COUNC?L M'rNUTE8 NOVE~ER 28~, 2.995
City Attorney White. He was provided with the language at 5:15 and has not
had a chance to review the conditions. He will accept Mr. Fick's advice that
he has reviewed the language and it.meets with his approval. The only
suggestion he would have under proposed Condition 5, after businesses, line 2,
adding, "or public agencies' in the event there could be some interference
from the pole with 800 MHZ transmissions or other public, Police or Fire
emergency vehicle transmissions.
Mayor Daly. He asked if a representative of AirTouch was present who Qould
like to speak.
Eric Meurs, AirTouch Cellular. They are also in accord with the conditions
proposed.
Council ~ember Tait. The City is spending a lot of money to underground
utilities. He understands the need for cellular towers and has supported them
but he would like to put some outside.time limits on the proposal. It is also
his understanding at some point in the future, poles will no longer be needed.
Eric Meurs. The issue was addressed at the Planning Commission relative to
the Western High School site l~rOposal. The conditions that the Planning
Commission imposed were appropriate. AirTouch is opposed to a 5-year sunset
clause and does not feel it is a~propriate for staff or the City to make a
determination whether or not the technology is appropriate or if they are
using the most efficient technology. It is definitely a business decision.
Conditions were imposed stating if the ability was there to lower the site,
they would lower the antennas and the monopole accordingly or if the
technology changed to where they no longer needed the monopole, they would
remove it. AirTouch accepted those conditions.
Council Member Tait. As a City, they do have an interest in the skyline.
That is why he wants to place outside limits, perhaps 10 or 12 years. Either
do that or develop an overall master plan which he thinks is very difficult to
do. He would like to create an incentive to not have the pole. Each request
has to be considered on a case-by-case basis but he is not inclined to approve
it if there is no time limit.
Council Member Feldhaus. Yesterday the Planning Commission had a workshop on
this issue with PacBell. A map was presented showing their present sites and
those they feel they have to have. Fifteen are presently in place and 13 more
being considered -- just PacBell. One of the Commissioners suggested an
overlay to show L.A. Cellular, AirTouch, and whoever else in order to get a
better view of where the installations are located. The monopoles have
already changed in size.
Eric Meurs. PacBell Mobile Services is independent of AirTouch Cellular. The
13 sites are independent of what AirTouch has.
After further discussion, Mayor Daly asked if there were additional public
comments at this time.
Mr. Winn encouraged the Council to adopt the proposed conditions so the matter
could be put behind them.
Mayor Daly. He believes that some type of time limit on any new pole
application is appropriate ~imply as good public policy as some type of
incentive or disincentive. He believes a 10-12 year time limit was imposed on
a previous application.
11
CITY OF ANAHE~H~ CALIFORNIA COUNCIL H~NUTE8 NOVEMBER 28~ L995
Joel Fick. Time limits have varied -- one is as short as five years and some
are longer. He believes the testimony was the applicant would be agreeable to
the language that was incorporated in one of the other permits (Western High
School site, also AirTouch). There was a condition stating if technology
changed so that the pole was no longer required, it would be removed.
Alternatively, the pole would be shortened and in addition, if there is an
outside time limit, that can be imposed.
Council Member Zemel. He believes in free enterprise but as Council Member
Tait stated, it is giving up the skyline. To have such poles under the name
of business only is not going to be good enough. Hearing there is not a
willingness to shorten the time period, he is prepared to vote no and until he
sees a plan from staff on all companies, not just AirTouch, he will be voting
no.
Mayor Daly. A suggestion has been made not to approve any additional cellular
towers until the Planning Commission and planning staff has completed their
assessment work. The alternative would be to set some type of time limit.
Council.Member Tait. His preference is to go forward but with a 12-year
limit. As far as location, it is an industrial area and.a more compatible
location if they are going to have cellular towers.
Council Member Tait. He is going to act to approve the request with the two
proposed conditions read by Mr. Fick and an additional condition of a time
limit of 12 years.
Mayor Daly. The Planning Director had also suggested the language on the
change of technology.
Council Member Lopez. He supports Council Member Tait but also that they not
approve any more installations until a study is done by the Planning.
Commission.
City Attorney White. It is necessary tonight to limit action to this
particular application. Basicaly, he (Lopez) has expressed his position as
well as those of other Council Members. However, when applications are filed,
staff is obligated to bring them through the process unless the Council were
to adopt a moratorium. That issue is not on the agenda.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Mayor Daly,
seconded by Council Member Lopez, 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 ~o substantial evidence that the project will have a significant
effect on the environment. Council Member Zemel voted No. MOTION CARRIED.
Council Member Tait. He is going to offer a resolution to approve the tower
with the following conditions - incorporating the conditions stated by Mr.
Fick and imposing a time limitation of 12 years or when technology allows a
smaller pole.
12
CTTY OF ~__W-a_N~TMv CALTFORNTA COUNCTL MTNUTES NOVEMBER 28v 1995
City Attorney White suggested - when it is reasonably economically feasible to
either eliminate or reduce the height of the pole or 12 years, whichever
occurs earlier.
Council Member Tait'offered Resolution No. 95R~194 for adoption subject to
City Planning Co~auission conditions including the two additional conditions
read by the Planning Director and agreed to by Taormina Industries and
AirTouch and also when it is reasonably economically feasible to either
eliminate or reduce the height of the pole or 12 years, whichever occurs
first.
RESOLUTION NO. 95R-194~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3789 SUBJECT TO CITY
PLANNING COMMISSION CONDITIONS INCLUDING THE ADDITIONAL CONDITIONS, AS
ARTICULATED BY COUNCIL MEMBER TAIT.
Roll Call Vote on Resolution No. 95R-194 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: Zemel
ABSENT: MAYOR/COUNCIL MEMBERS~ None
The Mayor declared Resolution No. 95R-194 duly passed and adopted.
D2. and D3. PU~_L!C ~.~RING - ADOPTION OF 1994 UNIFORM FIRE CODE AND RELATED
r~ S~_N~_~ULE ~ND_ ~_r~_?TION OF 1993 AND 1994 EDITIONS OF THE UNIFORM CODES:
Opening the Public Hearing on the adoption of the 1994 Uniform Fire Code and
fee schedule relating thereto concurrently with the Public Hearing on the
adoption of the Uniform Codes and fee schedule relating thereto.
MOTION ..... Certifying that the adoption of the ordinance and
resolutions are exempt under the California Environmental Quality Act
(CEQA), Section 15061(b)(3).
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AHAHEIM SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE
UNIFORM FIRE CODE, 1994 EDITION, REGARDING FIRE AND PANIC SAFETY.
ORDINANCE NO. 5530: AN ORDINANCE OF THE CITY OF ANAHEIM WHICH WILL
REPEAL EXISTING CHAPTER 16.08 AND ADD HEW CHAPTER 16.08 TO TITLE 16 OF
THE ANAHEIM MUNICIPAL CODE, ADOPTING THE UNIFORM FIRE CODE, 1994
EDITION, WITH CERTAIN AMENDMENTS THERETO. (Introduced at the meeting of
November 7, 1995, Item A22.)
RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM REVISING FEES FOR SERVICES RENDERED BY THE FIRE DEPARTMENT AND
ESTABLISHING THE EFFECTIVE DATE OF FEES.
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CTTY OF ~NAHETM, C~LIFORN'rA COUNC'rL M'rNUTES NOVEMBER 28, :1.995
MOTION ..... Certifying that the adoption of the ordinance and
resolutions are exempt under the California Environmental Quality Act
(CEQA), Section 15061(b)(3).
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE
UNIFORM BUILDING, ELECTRICAL, MECHANICAL AND PLUMBING, SWIMMING POOL,
SPA, AND HOT TUB, AND SOLAR ENERGY CODES.
ORDINANCE NO. 5531: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING
EXISTING CHAPTER 15.02 AND ADDING NEW CHAPTER 15.02 TO TITLE 15 OF THE
ANAHEIM MUNICIPAL CODE ADOPTING THE 1994 EDITION OF THE UNIFORM BUILDING
CODE, UNIFORM MECHANICAL CODE, THE UNIFORM SWIMMING POOL, SPA, AND HOT
TUB CODE, AND THE 1994 EDITION OF THE UNIFORM ELECTRICAL CODE WITH
CERTAIN AMENDMENTS THEHETO~ REPEALING EXISTING CHAPTER 15.32 AND ADDING
NEW CHAPTER 15.32 TO TITLE 15 OF THE ANAHEIM MUNICIPAL CODE~ AMENDING
SECTION 6.56.010 OF CHAPTER 6.56 OF TITLE 6 OF THE ANAHEIM MUNICIPAL
CODE PERTAINING TO POOLS 'AND PONDS~ AMENDING SUESECTION 17.04.070 OF
CHAPTER 17.04 OF TITLE 17 AND AMENDING CERTAIN PROVISIONS OF CHAPTER
17.28 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO GRADING
AND FLOOD HAZARD REDUCTION. (Introduced at the meeting of November 7,
1995, Item A23.)
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE'CITY OF
ANAHEIM ADOPTING A HEW SCHEDULE OF ~EES FOR THE UNIFORM CODES PERTAINING
TO BUILDING AND CONSTRUCTION AND FOR CHAPTER 15.32 OF THE ANAHEIM
MUNICIPAL CODE - HOUSING MOVING.
PUBbIC NOTICE REOUIREMENT MET BY= Published in the Orange County Register,
November 9th and 16th, 1995.
Staff Input: See Staff Report dated October 30, 1995 from the Fire Department
recommending adoption of the 1994 Uniform Fire Code and Associated Fee
Schedule and Staff Report dated Nove~ber 7, 1995 from the Planning
Department/Building Division recommending Adoption of 1993 and 1994 Editions
of the Uniform Code.
City Clerk, Leonora Sohl. As indicated, the Public Hearings were advertised
and intended to be taken concurrently.
Joel Pick, Planning D£rector. This is a joint Public Hearing (Fire and
Planning). He will concentrate on building related items. Incorporated into
staff's recommendation is the adoption of eight model codes (see report of
11/7/95). These are national codes adopted every three years. Historicaily,
the City has adopted the model codes with the adoption of additional local
amendments and ordinances that pertain to the City of Anaheim. Neither
Planning nor Fire has received concerns regarding adoption of the ordinances.
No increase in fees are proposed. The report notes five items which addresses
only new requirements. Staff recommends approval and the Fire Department has
similar brief comments regarding the fire codes.
Gary Wilder, Fire Marshal. He briefed the report submitted by the Fire
Department dated October 30, 1995. To clarify one item which may be of
concern, it is not their intent to require residential sprinklers in areas
for which they have current development agreements which exclude that
provision. He then introduced other members of Fire staff who were present.
14
C~TY OF ANAHEIH~ CALIFORNIA COUNCIL H~NUTE8 NOVEMBER 28~ L995
He also submitted for members of the audience handouts on the matter (see
packet, Amendments to the 1994 Uniform Fire Code and Associated Permit Fee
Schedule).
City Attorney White. The resolutions under both D2. and D3. if adopted by the
Council tonight would be adopted primarily to clarify in their language that
the provisions in the codes relating solely t6 residential sprinkler
requirements would not be applied to properties which are the subject of
existing development agreements.
The Planning Director clarified for the Mayor that if adopted, the local
amendments will be effective January 1, 1996.
Council Men~er Zemel. He expressed concern that the Council may not have
sufficient input from staff relative to the proposed amendments.
Joel Fick. The codes are only adopted nationally approximately every three
years. It is not something that Council deals with every year but every
several years. National codes are adopted by the State and then forwarded to
the local jurisdictions for ratification. They do become law since adopted by
the State. The codes are brought before the Council because there' is an
opportunity for each local jurisdiction to adopt localized amendments based
upon climate, topography, etc. In terms of information to the Council, the
ordinances were given first reading on 11-7-95.
Council'~ember Feldhaus. He perceives there are a number of questions and
asked if it would cause any problem to continue the matter for a week.
City Attorney White. They would be adopting the codes on December 5, 1995 so
the ordinances would take effect on January 5, 1996 which would not be a
problem to him.
MOTION. Council Member Feldhaus moved to continue the subject Public Hearings
for one week. Council Member Zemel seconded the motion.
Before a vote was taken, Mayor Dal'y clarified this would be a motion to
continue the Public Hearing so there will be adequate time to give public
conunent. He asked if they should invite comments this evening; City Attorney
White answered yes.
Mayor Daly opened the Public Hearing and asked to hear from anyone who wished
to speak~ there was no response.
City Attorney White. He asked if the Council wanted a workshop or a more
detailed presentation or a week to go over the material more thoroughly.
Mayor Daly. If there are three members who would like a workshop, they can
communicate that to the City Manager over the next few days. If not, they
would have at least more study time.
There was additional discussion and questioning by Council Members. City
Attorney White pointed out that they are required to justify every change and
the resolutions explain the rationale. In most cases, it will be topographic
or climatic. Dry conditions and the Santa Aha Winds proliferate in Orange
County generally and Anaheim specifically which is justification why they need
more stringent standards than the State. Amendments could be less stringent
if justified, but normally they are more stringent.
15
(2'I'TY OF ANAHE~'M~, CALTFORN'rA COUNCTL M~'NUTE8 NOVEHBER 28, L995
The Mayor asked if anyone was present to speak on Item D3., adoption of 1993
and 1994 editions of the Uniform Codes~ there'was no response.
A vote was taken on the motion to continue the Public Hearings one week.
MOTION CARRIED.
COUNCIL
BUDGET ADVISORY COMMISSION RECO~ENDATIONS - ACTION BY COUNCILz Council Member
Zemel. He referred to the communications from the Budget Advisory Commission
giving two recommendations to the Council. He asked that the recommendations
be placed on the agenda for Council discussion to either support or not
support them. (1) Employee Compensation Disclosure Statement. The Commission
is recommending that the Mayor and Council support an annual statement
disclosing total compensation for all full-time employees and that the
information be presented by job classification within bargaining units without
individual names or identification numbers and made available to the Public by
March 31st each year through the City Clerk's Office. (2) Street Maintenance
Privatization. The Commission is also recommending after careful
consideration of the data presented, that in their opinion there is no
additional value in further privatization of Street Maintenance at this time.
Council Member Zemel asked that these issues be placed on the Council Agenda
of December 5, 1995.
UPDATE - INS O/~'ICF~ IN CITY JAILs Council Member Zemel. He and Council
Member Tait, as part of the Liaison Committee, met on the subject issue again
today. He then gave an update and briefed the highlights of the meeting.
Mayor Daly asked for a followup report from staff in writing.
ADJOURNMENT: By general Council consent, the Council Meeting of November 28,
1995 was adjourned (7:30 P.M.)
LEONORA N. SOHL
CITY CLERK
16