1994/11/22C£tv Hall, &naheim. Cal£~ornia - COUNCZL MZNIFTES - NOVEHBER 22, 1994 - 5:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT
ABSENT =
PRESENT
COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
COUNCIL MEMBERS= None
CITY MANAGER= James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
PLANNING DIRECTOR= Joel Fick
(MOST CITY DEPARTMENT HEADS WERE IN ATTENDANCE TO EXTEND THEIR BEST WISHES TO
OUTGOING COUNCIL MEMBERS.)
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 2=30 p.m. on November 18, 1994 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Pro Tem Hunter called the meeting to order at 3=10 p.m., Council Members
Feldhaus and Daly were absent and entered the Council meeting during Closed
Session.
REOUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session noting first that there is one addition to the Closed Session items as
indicated by Item 4 below. The need to act on this item arose after the
posting of the printed agenda relating to Don Poff, the Golf Professional at
Anaheim Hills Golf Course. This item is also listed on the regular Council
Meeting Agenda (Item A12) but was not listed on the Closed Session Items.
MOTION: Council Member Simpson moved to waive the 72-hour posting provision
of the Brown Act adding the below listed item (Number 4) to the Closed Session
Agenda. Council Member Pickler seconded the motion. Council Members Feldhaus
and Daly were absent MOTION CARRIED.
PUBLIC COMMENTS - CLOSED SESSION ITEMS=
There were no public con~nents relative to Closed Session items.
City Attorney White. The following items are to be considered at the Closed
Session, including added Item Number 4:
1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
me
54956.9~a} - EXISTING LITIGATION:
Name of case: Duarte v. City of Anaheim, Orange County Superior
Court Case No. 71-95-46.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9¢a) - EXISTING LITIGATION=
Name of case: Campanula Properties, Inc., v. City of Anaheim,
Orange county Superior Court Case No. 93-04-55.
3. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
4e
54956.9(a} - EXISTING LITIGATION:
Name of case= Anaheim Stadium Associates v. City of Anaheim,
Orange County Superior Court Case Nos. 44-81-74 and 73-26-60.
Personnel Review - relating to Don Poff, Golf Professional at
Anaheim Hills Golf Course (also see Item Al2 on today's City
Council Agenda).
700
City Hal~. Anaheim. Californ£a - COtVNCXL MXNUTES - NOVEM~gR 22r 199~ - 5~00 P.M.
RECESS= Council Member Simpson moved to recess into Closed Session. Council
Member Hunter seconded the motion. Council Members Feldhaus and Daly were
absent. MOTION CARRIED. (3=12 p.m.)
Before the Council meeting was reconvened, after Closed Session, there was an
informal reception in the Chamber lobby for outgoing Council Members Pickler,
Hunter and Simpson.
~ The Mayor called the meeting to order, all Council Members
being present and welcomed those in attendance to the Council meeting.
(5=10 p.m.).
INVOCATION~ Dr. Bryan Crow, The Garden Church, gave the invocation.
~ Council Member Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
Mayor Tom Daly. He noted that Council Members'Pickler, Hunter and Simpson
each have at their seats a small gift from the City (combined clock and pen &
pencil set) and a plant for each of their spouses. He is going to ask if they
would like to say a few words, this being their last Council meeting after
serving the public for many years. He then expressed his appreciation to all
three individually noting the most outstanding accomplishments of each of the
Council Members in their tenure on the City Council (Council Member Pickler,
12 years; COuncil Member Hunter, 8 years - 4 of which he served as Mayor;
Council Member Simpson, 4 years).
Council Member/Mayor Pro Tem Fred Hunter. He started first by thanking many
people individually noting that there may be some he would overlook. He most
especially thanked his wife Jeannie and his family, his secretary of many
years in his law practice, Grace, who helped him to balance both "careers".
He also expressed his thanks for the wonderful opportunity of being able to
serve on the Council for 8 years and especially the 4 years he was Mayor. He
was a "dreamer". When he was an Anaheim Policeman approximately 30 years ago,
he told people he would one day be a lawyer and also the Mayor of Anaheim.
Both dreams had come true. He thanked many people on City staff, the present
and former Council Members, Department Heads and City Manager Jim Ruth. He
especially thanked City Manager Ruth for staying fast during the Arena
negotiations. He thanked those people who supported him through the years -
Sharon Ericson and the AMEA, the Firefighters, the Police Association and the
IBEW. He noted also that during hi0 tenure some simple changes were also made
for the betterment of the City - such as night Council meetings, allowing
greater citizen participation, setting term limits, and having a 4-year term
for Mayor starting for the first time with the past election. He has many
wonderful memories of his service to Anaheim and was happy and privileged to
have served the City.
Council Member Bob Simpson. He recounted his almost 40 year career in
Government service starting in Lo8 Angeles County as a Fire Firefighter and
the last 14 years serving the City of Anaheim. He owes a "thank you" to
former Anaheim City Manager, Bill Talley for providing him opportunities
beyond his wildiest expectations - first as the City's Fire Chief, the General
Manager of the Convention Center, Stadium and Golf Courses, and Deputy City
Manager. He then became City Manager and finally a member of the City
Council. He also recounted the things he was able to do as City Manager
having appointed a number of young Department Heads now still holding those
positions. He was involved in the initial Disney negotiations (Westcot) and
the initial negotiations that brought Koll Pac-Bell to downtown, the rebirth
701
C£tv Hall. Anahe~, Ca~££orn£a - COUNCIL MINIFTES - NOVEi~5__~R 22, 1994 - 5:00 P.M.
of the Anaheim Plaza, and the Festival Shopping Center. However, if he is
remembered at all, he would like it to be for the personal relationships, for
those he may have helped along the way with their careers or with a promotion,
the little gatherings such as the one that took place before the Council
meeting. He also thanked his wife of 40 years, the mainstay of the Simpson
household, Mary. He thanked all the countless others as well, expressed his
hopes for the City and thanked those who helped him occupy one of the "best
seats in the house".
Council Member Irv Pickler. For him, an era is passing and it is going to be
a difficult transition having been a member of the City Council for 12 years.
He feels Anaheim is the finest City in the world. The administration and
staff has helped to make it that way and he further feels that they have only
just begun in Anaheim. He thanked all those who have helped him along the way
including hia wife of over 50 years, Betty, and his family. In his tenure as
Council Member, he has also had the opportunity to be on many other boards and
agencies representing the City, and City staff was always there to assist him.
He could mention almost everyone in the Chamber tonight, Department Heads,
staff and all the many City employees. He intends to still be involved in the
Anaheim community. He urged that the City keep moving forward and that the
new Council Members work together to keep Anaheim at the forefront.
Mayor Daly noted that the City has not had three Council Members leaving at
one time in approximately 70 years.
Council Member Feldhaus. He feels very privileged to have worked with all of
the Council Members for the past two years and he is certain the new Council
will work together well. He thanked the outgoing Council Members for the help
they have given to him.
City Manager Ruth. He expressed a very sincere and cordial appreciation to
each and every member of the City Council, but especially now to the three who
are leaving. There has been a great working relationship with the Council.
The Council has been very supportive of staff presentations and projects
through all the difficulties the City has gone through in the past few years
with the recession. The City Council has been sensitive and caring to staff
and supportive of progress. The progress that has been made could not have
been made without the support of the City Council and the implementation of
the policies that have come before the Council. He extended the appreciation
of all the employees in the City to the outgoing Council Members for their
great and dedicated service.
City Manager Ruth then presented Council Members Pickler, Hunter and Simpson
with their service awards (12 years, 8 years and 2 years, respectively).
119= THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE
TO BE MAILED OR PRESENTED AT ANOTHER TIME=
Recognizing the John Wooden Classic as a premier college basketball tournament
to be held at the Anaheim Pond on December 3, 1994.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,285,033.50 for the
period ending November 18, 1994, in.accordance with the 1994-95 Budget, were
approved.
702
Ci2v Hell. Anaheim. Cal£fornia - COUNCIL MINUTES - NOVEMBER 22~ 1994 - 5:00 P.M.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency, Housing Authority and Public Financing Authority meetings.
(5:40 p.m.)
Mayor Daly reconvened the City Council meeting. (5=4S p.m.)
ADDITIONS TO THE AGENDA: There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST: No items of public interest were addressed.
PUBLIC COMMENTS - AGENDA ITEMS: There were no public comments on City Council
Agenda items.
MOTION= Council Member Daly moved to waive reading in full of all ordinances
and resolutions to be acted upon for the Council meeting of November 22, 1994.
Council Member Simpson seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTA~ CONSENT C~?.ENDAR= On motion by Council Member
Hunter, seconded by Council Member Pickler, the following items were approved
in accordance with the reports, certifications and recommendations furnished
each Council Member and as listed on the Consent Calendar~ Council Member
Hunter offered Resolution Nos. 94R-268 through 94R-270, both inclusive, for
adoption. Refer to Resolution Book.
Al. 105= Receiving and filing minutes of the Community Redevelopment
Commission meeting held October 26, 1994.
117: Receiving and filing a Summary of Investment Transactions for October,
1994, as submitted by the City Treasurer.
A2. 123~ Approving Local Agency - State Agreement No. 12-5055-067 which
provides for preliminary design and right-of-way activities for Gene Autry Way
HOV facility with project cost sharing between Federal funds and City funds~
and authorizing the Mayor and City Clerk to execute said Agreement.
A3. 123~ Approving a License Agreement for Bus Benches with Coast United
Advertising, Inc., for the 1994/95 fiscal year with an annual renewal option
up to a maximum of five years for bus bench installation and maintenance
services.
A4. 123= Approving Caltrans Agreement Nos. 12339, 12199, 12351, 12215 and
12263 (Segments A, B, C, D, and E Sewer Facilities) to develop plans for
relocation/replacement of sewer facilities for the I-5 Freeway widening
project, and authorizing the Director of Public Works to execute and deliver
said agreements in the forms hereby approved.
AB. 158~ RESOLUTION NO. 94R-268~ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF CERTAIN
PROPERTY AND/OR FACILITIES (Parcel Map 84-230 Santa Ana Canyon and Weir
Canyon).
A6. 123= Approving District Agreement Number 12-204 A1 with the State of
California for right-of-way acquisition on the I-5 Freeway widening project
(Gene Autry Way).
A7. 160= Accepting the low bid of Ail Seasons Tire Company, in the amount of
$74,306 for Goodyear Police vehicle tires, for the period commencing December
1, 1994, through August 31, 1995, in accordance with Bid ~5300.
703
C~tv H&ll. Anaheim~ Cal~forn£a - COUNCIL MIlCu'~ - NOV'EIa~ 22~ 1994 - 5:00 P.M.
A8. 160: Accepting the bid of Wesco Utility Sales, in the amount of $127,040
for six 1200 ampere, and two 3000 ampere vacuum circuit breakers, in
accordance with Bid 25319.
A9. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to
issue a Purchase Order, without competitive bidding, to Advanced Control
Systems, c/o Matzinger-Keegan, in the amount of $31,200 for one remote
terminal unit for Katella Substation.
Al0. 160: Authorizing the Purchasing Agent to issue Purchase Orders, in an
amount not to exceed $3,610,482 for the purchase of 151 various vehicles for
City Departments for Fiscal Year 94/95.
All. 123: Approving an Agreement employing Jones, Hall, Hill & White as bond
counsel regarding the sale of the Mello-Roos bond issue, in an amount not to
exceed $70,000 plus out-of-pocket expenses not to exceed $7,500.
123: Approving an Agreement employing Rauscher Pierce Refsnes, Inc., as
financial advisor regarding the sale of this Mello-Roos bond issue, in an
amount not to exceed $30,000 plus out-of-pocket expenses not to exceed $3,000.
123: Approving an Agreement employing David Taussig and Associates, Inc., as
special tax consultant regarding the sale of this Mello-Roos bond issue, in an
amount not to exceed $38,500 plus out-of-pocket expenses not to exceed $1,250.
123: Approving an Agreement employing Stone & Youngberg as underwriter
regarding the sale of this Mello-Roos bond issue, in an amount not to exceed
$9.25 per thousand for all insured bonds and $15 per thousand for all
non-rated bonds, which includes all underwriting expenses.
137: Authorizing the Finance Director to proceed with an economic refunding
of CFD-1 and CFD-2 as soon as the minimum present value threshold of 3.0
percent can be realized.
137: RESOLUTION NO~ 94R-~69: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE ISSUANCE OF TWO SERIES OF SPECIAL TAX REFUNDING BONDS
OF THE CITY FOR AND ON BEHALF OF CITY OF ANAHEIM COMMUNITY FACILITIES DISTRICT
NO. 1989-1 (SYCAMORE CANYON) AND COMMUNITY FACILITIES DISTRICT NO. 1989-2 (THE
HIGHLANDS), APPROVING AND DIRECTING THE EXECUTION OF TWO FISCAL AGENT
AGREEMENTS AND TWO ESCROW AGREEMENTS, APPROVING SALE OF SUCH BONDS TO THE
ANAHEIM PUBLIC FINANCING AUTHORITY, AND APPROVING OTHER RELATED DOCUMENTS AND
ACTIONS.
A12. 123: Approving a Fifth Amendment to Agreement with Don Poff, Golf
Profegeional at Anaheim Hills Golf Course for an extension of six months from
February 2, 1995 to August 2, 1995.
A13. 106~ Increasing expenditure appropriations An fund 308 by $434,700 for
payment of Arena related costs.
A14. 152: Approving the recommended selection of additional JTPA training
vendors for program year 1994-95, and authorizing the JTP Manager to execute
the Sub Contract Agreements.
A15. 000: RESOLUTION NO. 94R-270: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A GUARANTEE TO THE COUNTY OF ORANGE OF PAYMENT OF
GATE FEES FOR SOLID WASTE COLLECTION AND DISPOSAL.
704
City Hall. Anaheim. Cal£forn£a - COUNCIL HINUTES - NOVENBHR 22t 1994 - 5:00 P.M.
123= Approving and directing the Mayor to sign an Agreement with Taormina
Industries, Inc., for a lien pursuant to the solid waste franchise.
A16. 123~ Approving an Agreement with Vectra Technology, Inc., to provide
design review and construction management services for the new Katella
Substation turnkey project, as a cost not to exceed $253,100 and authorizing
the Public Utilities General Manager to execute said Agreement and any other
related documents on behalf of the City.
A17. 105: Receiving and filing minutes of the Anaheim Park and Recreation
Commission meeting held September 28, 1994.
A18. 184: Reviewing the need for continuing the Fifth Proclamation of the
Existence of a Local Emergency issued by the Director of Emergency Services on
September 6, 1994, concerning the Santiago Landslide and Pegasus Landslide in
the City of Anaheim; and taking no action to terminate the local emergency at
this time.
A19. 114: Approving minutes of the City Council meeting held September 20,
1994.
Roll Call Vote on Resolution Nos. 94H-268 throuqh 94R-270r both !n~lusivet for
adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Simpson, Pickler, Hunter, Daly
None
None
The Mayor declared Resolution Nos. 94R-268 through 94R-270, both inclusive,
duly passed and adopted.
END OF CONSENT CALENDAR. MOTXONS CARRIED.
A20. 13~: PUBLIC HEARING - ADDITION OF A NON-DISPOSAL FACILITY EnEMENT TO
THE CITY SOLID WASTE MANAGEMENT PLAN:
TO consider a resolution adopting a Non-Disposal Facility Element of the Solid
Waste Management Plan pursuant to the requirements of the Public Resources
Code (for the purpose of reducing and recycling certain amounts of solid
waste).
Submitted was report dated October 31, 1994 from the Director of Public
Works/City Engineer, Gary Johnson recommending that the subject element be
added to keep the Solid Waste Management Plan in compliance with State laws.
Mayor Daly opened the public hearing and asked if anyone wished to speak to
the addition of a Non-Disposal Facility Element to the City Solid Waste
Management Plan. No one came forward to speak.
Mayor Daly closed the public hearing.
Council Member Daly offered Resolution No. 94R-271 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 94R-271: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING A NON-DISPOSAL FACILITY ELEMENT OF THE SOLID WASTE MANAGEMENT
PLAN PURSUANT TO THE REQUIREMENTS OF THE PUBLIC RESOURCES CODE.
705
City Hall, Anahe~a, Cali. fornia - COUNC'rL MIN'u'TBS - NOVEHBER 22~ 1994 - 5~00 P.N.
Roll Call Vote on Resolution No. 94R-271 for adoption=
AYES= COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
NOES= COUNCIL MEMBERS= None
ABSENT= COUNCIL MEMBERS= None
The Mayor declared Resolution No. 94R-271 duly passed and adopted.
ITEMS BI - 57 FROM TH~ PLANNING COMMISSION~TING OF OCTO~
INFORMATION ONLY - APPEAL PERIOD ENDS NOVEMBER 22. ~994
51. 179~ VARIANCE NO. 4265, TENTATIVE TRACT MAP NO. 14893, AND NEGATIVE.
DECLARATION~
OWNER= Living Stream Ministry, Post Office Box 2121, Anaheim, CA
92814
AGENT= Andrew Yu, 1853 W. Ball Road, Anaheim, CA 92804
LOCATION= 1301 South Empire Street. Property is approximately 2.97
acres located on the west side of Empire Street approximately 700
feet south of the centerline of Ball Road and further described as
1301 South Empire Street.
Waiver of minimum building site width, maximum lot coverage, required
open space and required lot frontage on a public street to construct
20 detached single family units.
To establish a 20-lot, RS-5000 subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION=
variance No. 4265 GRANTED (PC94-144) (7 yes votes).
Approved Tentative Tract Map No. 14893.
Negative Declaration previously approved.
Tentative Tract Map No. 14893 had a 10-day appeal period and appeared
on the Council agenda of November 8, 1994, Item B12, where Council
Members Daly and Pickler requested review of the Planning
Commission's decision.
A public hearing will be held on December 6, 1994, at 6=00 p.m.
B2.
179= CONDITIONAL USE PERMIT NO~ 2628 AND NEGATIVE DECLARATION=
OWNER= Rick Covey c/o Rick Covey Realty, 16872 Bolsa Chica Rd.,
2105, Huntington Beach, CA 92649
AGENT= Daniel Page, 27156 La Fuente, Mission Viejo, CA 92692
LOCATION= 711 E. Sycamore Street. Property is approximately 1.6
acres located on the north side of Sycamore Street between the Union
Pacific and Atchison, Topeka and Santa Fe Railroad rights-of-way.
TO modify or delete a cond£=ion of approval pertaining to the
limitation of time to retain a truck repair facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 2628 APPROVED for an additional five years (to expire
12/4/99) (PC94-145) (7 yes votes).
Negative Declaration previously approved.
53. 179= WAIVER OF CODE REOUIREMENT, CONDITIONAL USE PERMIT NO. 3725 AND
NEGATIVE DECLARATION=
OWNER= Susan Saltzburg Trustee, Attn= Glenn Hellyer, 1225 W. Lincoln
Ave., Anaheim, CA 92805
AGENT= Paul Kott Realtors, Inc., Attn= Glenn Hellyer, 1225 W.
Lincoln Ave., Anaheim, CA 92805
706
City Hall, Anaheim, Cal£forn~a - COUNCIL MINUTES - NOVEM~_~ 22r 1994 - 5~00 P.M.
LOCATION= 420 South State College Boulevard. Property is
approximately 0.40 acre located at the northeast corner of Westport
Drive and State College Boulevard.
To permit an automotive repair facility within an existing 1,056-
square foot service station structure with waiver of required
landscaped setback.
ACTION TAKEN BY THE pLANNING COMMISSION~
CUP NO. 3725 GRANTED, IN PART, for three years (to expire October 31,
1997) (PC94-146) (7 yes votes).
Denied waiver of code requirement.
Approved Negative Declaration.
B4.
179= CONDITIONAL USE PERMIT NO. 3726 AND NEGATIVE DECLARATION=
OWNER= Vineyard Ministries International, 5300 E. La Palma Avenue,
Anaheim, CA 92807
AGENT= Fairmont Schools, Inc., Attn= Glen Noreen, Business Manager,
1557 W. Mable Street, Anaheim, CA 92802
LOCATION= 5300 East La Palma Avenue. Property is approximately
23.08 acres located on the south side of La Palma Avenue and
approximately 2,370 feet west of the centerline of Imperial Highway.
To expand a previously approved private educational institution as an
accessory use of an existing church facility.
ACTION TAKEN BY THE PLANNING COMMISSION=
CUP NO. 3726 GRANTED, limiting school enrollment to 450 students
(PC94-147) (6 yes votes, i no vote).
Approved Negative Declaration.
BS. 134= REOUEST TO DETERMINE CONFORMANCE WITHIN THE GENERAL PLAN FOR TNT
PROPOSED LEASE OF OFFICE SPACE FOR THE ORANGE COUNTY SOCIAL SERVICE AGENCY=
REQUESTED BY= John Bordeaux, County of Orange General Services
Agency, Real Estate Division, 14 Civic Center Plaza, Third Floor,
P.O. Box 4106, Santa Ana, CA 92702
LOCATION= 900 East Vermont Avenue.
Request to'determine conformance within the general plan for the
proposed lease of office space.
ACTION TAKEN BY THE PLANNING COMMISSION=
Determined that the use is in conformance with the Anaheim General
Plan (7 yes votes).
Mayor Daly noted that there were County staff members in the audience
regarding this item. He thanked the staff members who were from the G.S.A.
Office who worked so hard on the relocation of the welfare office and City
staff as well.
There was no action taken by the Council on this item.
B6.
155= FINAL SITE PLAN REVIEW APPLICATION FOR THE ANAHEIM P~$ORT SPECIFI~
Request for Planning Conunission review and approval.
ACTION TAKEN BY THE PLANNING COMMISSION=
Approved Final Site Plan for Anaheim Resort Specific Plan (PC94-148).
707
C£tv Ral~, Anaheim, California - COUNCIL MINUTES - NOVEMBER 22. 1994 - 5500 P.M.
B7. 179: INTERPRETATION OF ZONING CODE SECTION 18.060.050.02591 PERTAINING
TO PARKING REQUIREMENTS FOR LIVE PERFORMANCE THEATERS PURSUANT TO CODE SECTION
18.02.041 "LAND USE REGULATIONS - RESOLUTION OF UNCERTAINTIES": AcT~0N TAKEN ~Y TH~ PLANNING COMMISSION:
Determined that the number of parking spaces should be determined by
the number of seats or the number of patrons, whichever is greater
(PC94-150).
· ND OF TH~ PLANNING CO~ISBION ITEMS.
ITEMS B8 - BI0 FROM THE ZONING ADMINISTRATOR MEETING OF NOVEMBER ~0, 1994:
DECISION DATE: NOVEMBER 17. 1994 INFORMATION ONLY - APPEAL PERIOD BNDB
DECEMBER ~, ~994 (THE APPF, AL PERIOD'FOR TENTATIVE PARCEL MAPS EXPIRES MONDAYr
NOVEMBER 28. 1994)
B8.
170: TENTATIVE PARCEL MAP NO. 94-186. CATEGORICALLY EXEMPT, CLASS 155
OWNER: Marcia & Jun Nishino, 1780 North Winlock Street, orange, CA
92665
AGENT: Jeffrey Gyzen, 2081 Business Center Drive, $128, Irvine, CA
92715
LOCATION: 201 South Peralta Hills Drive. Property is approximately
2.3 acres, having a frontage of approximately 94 feet on the south
side of Peralta Hills Drive, with maximum depth of approximately 456
feet and being located approximately 1,250 feet south of the
centerline of Santa Ana Canyon road.
Petitioner requests approval of Tentative parcel Map No. 94-186 to
establish a 2-lot parcel map.
ACTION TAKEN BY THE ZONING ADMINISTRATORs
Tentative Parcel Map No. 94-186 APPROVED (ZA Decision No. 94-29).
B9.
170: TENTATIVE PARCEL MAP NO. 94-190. CATEGORICALLy EXEMPT, CLASS 15:
OWNER=. Sumitomo Bank of California, P.O. Box 311, Tustin, CA 92681
AGENT: Barry Cottle, P.O. Box 311, Tustin, CA 92681
LOCATION: 305 and 325 North Muller Street. Property is
approximately 3.6 acres, having a frontage of approximately 480 feet
on the west side of Muller Street, with a maximum depth of
approximately 328 feet and being located approximately 810 feet north
of the centerline of Lincoln Avenue.
Petitioner requests approval of Tentative parcel Map No. 94-190 to
establish a 2-lot industrial subdivision.
ACTION TAKEN BY THE ZONING ADMINISTRATORs
Tentative Parcel Map No. 94-190 APPROVED (ZA Decision No. 94-30).
B10. 179: ADMINISTRATIVE USE PERMIT NO. 94-03, CATEGORICALLY EXEMPT,
CLASS 21:
OWNER: Susie L. Martin, 2836 West Orange Avenue, Anaheim, CA 92804
LOCATION: 2836 West Orange Avenue. Property is approximately .16
acre, having a frontage of approximately 68 feet on the south side of
Orange Avenue, having a maximum depth of approximately 106 feet and
being located approximately 575 feet west of the centerline of Dale
Avenue.
To permit a large family day care home for up to 12 children.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Use Permit No. 94-03 APPROVED (ZA Decision No. 94-31).
7O8
C£tv Hall, Anaheim, California - COUNCIL MINU~S - NOVEMBER 22r 1994 - 5500 P.M.
END OF TH~ ZONING ADMINISTRATOR ITEMS,
Bll. 1795 ORDINANCE NO. 5462 FOR ADOPTION5 Amending Title 18 to rezone
property under Reclassification No. 93-94-05 located at the Area 5 Development
site bounded by Lincoln Avenue to the north, Broadway to the south, East
Street to the east, and the Atchison Topeka Santa Fe right-of-way to the west;
from the RM-1200, CL, RM-2400, RS-7200 and ML zones to the RM-3000 zone for
PARCEL A, and from the RM-1200, RM-2400, RS-7200 and ML zones to the RM-2400
zone for PARCEL B. (Introduced at the meeting of November 15, 1994, Item B1.)
Council Member Daly offered Ordinance No. 5462 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. ~46~ AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Reclassification No. 93-94-05 located at the Area 5 Development site bounded
by Lincoln Avenue to the north, Broadway to the south, East Street to the
east, and the Atchison Topeka Santa Fe right-of-way to the west; from the
RM-1200, CL, RM-2400, RS-7200 and ML zones to the RM-3000 zone for PARCEL A,
and from the RM-1200, RM-2400, RS-7200 and ML zones to the RM-2400 zone for
PARCEL e.)
Roll Call vote on Ordinance No. 5462 for adoptions
AYES=
NOES=
ABSENTs
COUNCIL MEMBERS=
COUNCIL MEMBERS=
COUNCIL MEMBERS5
Feldhaus, Simpson, Pickler, Hunter, Daly
None
None
The Mayor declared Ordinance No. 5462 duly passed and adopted.
Cl. 107= DISCUSSION - GARAGE SAL~S:
Discussion requested by Council Member Feldhaus at the meeting of November 1,
1994, regarding garage sales, yard sales, and weekend sales in industrial
areas.
Submitted was report dated November 16, 1994 from the City Attorney on the
subject of garage sales which contained attachments.
Council Member Feldhaus. The Council has received staff reports from both the
Planning Director, Joel Fick and the City Attorney. Included with the City
Attorney's report were copies of applicable sections of Santa Ana's zoning
code as well as the Fullerton Municipal Code. He would like to have a staff
pregentat£0n on the regearch that hag been done.
City Attorney White. He briefed his report noting that the issue of garage
sales was looked into about a year ago by his office to determine what other
cities were doing with regard to regulations. It was determined at that time
that at least nine cities in the county did have an ordinance regulating
garage sales and another 14 did not. Of the nine that had such ordinances,
they identified what they considered to be a rather typical ordinance, i.e.,
to allow two such sales per year with each sale not exceeding three
consecutive days and to provide a limitation on the signage that could be
erected and maintained for garage sales. He has submitted to the Council
copies of two representative ordinances that he believes are fairly typical
for those cities that regulate garage sales. His staff determined in talking
not only to other cities but also members of the Planning Department that
709
City Ballr Kuahe4~r Cal£fornia - CO~D~CIr. NI~S - NOVEMBER 22~ 1994 - 5.:00
cities that had adopted ordinances regulating garage sales ran into rather
heated discussions in the community since the subject is one of a great deal
of concern by people who either enjoy having such sales or visiting them on a
regular basis. The information led them to conclude if the Council were to
choose to agendize the subject with a possible ordinance limiting garage
sales, they could anticipate they will probably run into the same polarization
or bifurcation of thought in the conununity. It is a policy decision of the
Council.
Joel Fick, Planning Director. The City Attorney has outlined the issue
accurately from the Planning Department's perspective as well. Garage and
yard sales are currently not permitted in any zone within the City at any time
and the City's enforcement policy has been to take action on a complaint basis
or when violations are readily apparent to officers in the field. They
currently provide Saturday enforcement service, two Saturdays each month.
When they do receive complaints, they do investigate and written warnings are
issued to the sellers. If the activity continues, they take the enforcement
further. Code Enforcement staff and Mr. Pools, the Code Enforcement Manager,
can answer specific questions but they are generally satisfied with the
present program. They have also noticed an increase as well, but generally
are satisfied with the results. The policy issue is whether enforcement
activity should be increased.
council Member Feldhaus. One.of the statements was made that Code Enforcement
activity on the weekends could be strengthened since it was indicated that
noticeable violations are more prolific on weekends. Santa Aha also
recognized that same situation. It is not his intention to restrict garage
sales or yard sales. His concern is with the violations of spreading clothing
out on public sidewalks and the blight that occurs from signs and the like.
He also knows and can furnish addresses of those selling new products every
weekend. Something needs to be done to keep the City cleaned up and kept as a
first class City. He has received enough comments and complaints to where it
is necessary to do something. Volunteerism is a way that enforcement could
work on weekends to make people aware of the violations. He feels it would be
a very low cost way to address the situation. He clarified for the Mayor that
he is looking for enforcement of the violations that are occurring on
weekends. They did the same with graffiti with people patrolling at night
which worked well.
Mayor Daly. Perhaps the City Manager could report back to the Council at some
time in the future as to the feasibility or potential to utilize volunteers to
support ongoing enforcement activities especially on weekends. He asked staff
if they had comments tonight or would they prefer to respond in writing in the
future.
The City Manager answered that he would prefer to sit down with staff and
discuss the issue and come back in 30 days with a report and recom~endation
for the Council.
C2. 127: DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON
NOVEMBER 8. 1994:
City Clerk Sohl noted that the City Attorney advised that this matter should
be deferred until after the public hearing.
Later in the meeting after the public hearing, City Clerk Sohl introduced a
resolution reciting the fact of the General Municipal Election held on
710
C~tv Hall~ Anaheim~ Californ~a - COUNCIL MINUTES - NOVEMBER 22~ 1994 - 5:00 P.M.
November 8, 1994, declaring the result and such other matters as provided by
l&w. She did place the final results before each Council Member which she
received this afternoon from the Registrar of Voters Office. This is the
resolution that will certify the final results of the recently held election.
Council Member Daly offered Resolution No. 94R-272 for adoption, reciting the
fact of the General Municipal Election held on November 8, 1994, declaring the
result and such other matters as provided by law. Refer to Resolution Book.
RESOLUTION NO. 94R-~72~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD
ON NOVEMBER 8, 1994, DECLARINO THE RESULT AND SUCH OTHER MATTERS AS PROVIDED
BY LAW.
Roll Call Vo2e on Resolution No. 94R-272 for &dop~ion~
AYES~
NOES=
ABSENT=
COUNCIL MEMBERS~
COUNCIL MEMBERS=
COUNCIL MEMBERS=
Feldhaus, Simpson, Pickler, Hunter,
None
None
Daly
The Mayor declared Resolution No. 94R-272 duly passed and adopted.
711
CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT
OF THE CANVASS OF THE GENERAL ELECTION RETURNS
STATE. OF CALIFORNL4)
)=
COUNTY OF O~v"4N~E )
I, Donald Tanney, Registrar of Voters of Orange County, ~o hereby certify
the following to be a full, true and correct Statement of the Vote of the
electton ltsted below, ~onsoltdated with the General Election held on November
8, 1994.
CITY OF ANAHEIM GENERAL MUNICIPAL ELECTION
MAYOR
TOM OALY' 36,889
CURTIS STRICKER 15,051
MEMBER OF THE CITY COUNCIl
L0U LOPEZ 15,363
BOB ZEHEL ]4,539
SHIRLEY A. MCCRACKEN 10,866
PAUL V. BOST~/ICK 10,613
SHARON A. ERICSON 10,533
KEITH OLESEN 7,682
LEONARO LAHTINEN . 6,044
LORETTA SANCHEZ BRIXEY 6,003
EOHARO S.. SKINNER 5,148
PHYLLIS R. BOYOSTUN 5,107
PHILLIP KNYPSTRA 3,128
JEFF KIRSCH 1,528
JERRY R. STOCES 1,305
HITCHELL T. TRACY 1,287
OOHN ANTHONY RUSSO 1,227
DAVID L. KEELER 1,054
PRECINCT BALLOTS CAST: 51,639
ABSENTEE BALLOTS CAST: 12,754
TOTAL BALLOTS CAST:. 64,393
I hereby certify that the number of votes cast for each candidate is as
set forth above and appears in the Certified Statement of the Vote.
~IITNESS ~a~i~nd and Offtctal Seal this 21st day of November,. 1994.
.,-"e. ?:'- ........... %, ·
: : r'? ...... ~ .~ · - ~NALO T~NEY /
:~ ~ -~t~"t-'L;.~¥i . .~,= , 'REGISTER OF VOTERS'
~: 'e .~ ;~ g...,~ ~: > z Orange County
712
City Hallf Anahe:i.m, Cal£forn£a - COUNCZL MI~S - NOVEMBER 22f 1994 - 5:00 P.M.
C3. 114= COUNCIL COMMENTS=
Additional brief comments were made by Council Members Pickler, Hunter and
Simpson on their tenure and again complimented certain members of staff as
well as City employees in general.
C4. 11~= ~ORT ON CLOSED SESSION ACTIONS= City Attorney White stated that
there are no actions to report.
D~, ~79~ ~NTINUED PUBLIC HEARING - wAIVER OF CODE HEOUIREMENT. CONDITIONAL
U~ PERMIT NO. 3714 AND MITIGATED NEGATIVE DECLARATION=
OWNER: IDM Apartment Corporation, One World Trade Center, Long
Beach, CA 90801
AGENT~ Penhall Co., Attn= Dick Reel, P.O. BOX 4609, Anaheim, CA
92801
LObATION/REQUEST= The property is located at 714 North Brookhurst
Street and is approximately 7.16 acres located at the northeast
corner of Brookhurst Street and Grammercy Avenue. The request is to
permit a road base processing facility with on site rock crushing and
a temporary office trailer with waiver of minimum site screening.
ACTION TAKEN BY THE PLANNING COMMISSION=
CUP NO. 3714 GRANTED, to expire in five years on September 7, 1999
(PC94-125) (6 yes votes, i absent).
Approved waiver of code requirement.
Approved Mitigated Negative Declaration.
HEARING SET ON: A letter appealing the decision of the Planning Commission
was submitted by J. Bennett Friedman, Levinson, Miller, Jacobs & Phillips on
behalf of QRE Holding Company and continued from the meetings of October 18,
and November 15, 1994 to this date.
PUBLIC NOTICE REOUIREMENTS MET BY=
Publication in Anaheim Bulletin - October 6, 1994
Mailing to property owners within 300 feet - October 5, 1994
Posting of property - October 7, 1994
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated September 7, 1994.
Mayor Daly. The Council has received some late correspondence on this item
from persons concerned about the proposed rock crushing operation. Because
there is a transition of Council Members occurring and in the interest of
further studies being undertaken on the item by various concerned parties, he
is going to suggest a two-week continuance unless the City Attorney advises
otherwise or unless there is a legal problem.
MOTION: Council Member Daly moved that the subject continued public hearing
be further continued for two weeks.
Before any further action was taken, City Attorney White stated it would be
appropriate to determine if there is any objection from the applicant and to
have it on the record. He does concur because of the transition of the
Council for reasons of due process and in the event that the matter might be
continued even after the hearing is started tonight, it may be in the interest
of all concerned to have the matter fully heard by the body that is going to
make the final determination.'
713
C£tv Hallr Anaheimr Ca~££orn£a - COONCZL NINIJTBS - NOVEMBER 22. 1994 - 5:00 P.M.
Mayor Daly. He asked to hear from a representative of the applicant, the
Penhall Company relative to the proposed two-week continuance to allow the new
Council Members to be seated.
Richard Reel, Penhall Company. The matter has been postponed at one time or
another for various reasons. Penhall is interested in bringing it to a
conclusion. They have a rather timely lease agreement with the property that
they need to culminate. Time is of the essence in their proposal.
Mayor Daly. He asked if a two-week continuance is acceptable and has he had a
chance to coo~nunicate with some of the parties who have recently comented to
the City on the proposal.
Richard Reel. He first answered yes to the latter and that those discussions
at this time have probably gone as far as they can go. From their standpoint,
they are ready to proceed.
City Attorney White. He asked if the applicant objects or prefers to start
the public hearing tonight noting that it may not be concluded tonight and the
possibility exists it might have to be started over again at a later date.
They have received correspondence by opponents that were late arriving. He is
not sure anyone has had a chance to adequately digest all of those comments or
even whether the applicant has had a chance to prepare adequately; Mr. Reel
said they'have done so.
The City Attorney asked then if he was objecting to continuing the public
hearing for two weeks.
Mr. Reel. He is not totally objecting, but wants to be sure that the matter
is promptly resolved. They do not understand the reason for the request for a
continuance.
City Attorney White. From a legal standpoint based upon historical
perspective of public hearings in front of the City Council that a matter as
complex or on the face appears to be complex with as much opposition as there
appears to be often does not get resolved in one Council meeting and is
continued from one to another. It is a unique situation in that three Council
Members present tonight will not be Council Members at the next meeting. They
will be replaced by two new members with one vacancy. The People hearing the
testimony may not be the people who will be ultimately approving or denying
the proposal. He is concerned from a due process standpoint that no one would
be prejudiced by starting a hearing at one meeting with five Council Members
when three will not be present if the matter gets continued to a subsequent
hearing. It may work in the applicant's favor to get a continuance because if
it gets approved, ultimately it would avoid what argument could be raised
about the propriety of the action that was taken.
Mayor Daly. It may be the most efficient thing to do to wait two weeks.
Mr. Reel stated that would be acceptable.
City Attorney White. The new Council will be sworn in on November 29, 1994
and the first business meeting of the new Council will be on December 6, 1994,
two weeks from tonight. That would be his recommendation and he believes that
the applicant has now agreed and there is a motion to that effect on the
floor.
714
C4tv Hall. A~,~h_eim. Californ_~A - COUNCIL MINUTES - NOVEMBER 22r 199~, - 5z00 P.M.
Council Member Daly repeated his motion that the subject continued public
hearing on Conditional Use Permit No. 3714 be continued for two weeks to
December 6, 1994. Council Member Hunter seconded the motion.
Before a vote was taken, Council Member Daly noted on December 6, 1994, there
will be a four-member Council. If there is a split vote and the public
hearing has to be continued and a fifth Council Member eventually joins the
public hearing on December 13 or in January or whenever, what does that do as
far as the City Attorney's procedural concern.
City Attorney'White. Because of the rule of necessity that would be
implemented under Council rules adopted by resolution, if there is a split
vote, the item would automatically be continued to the next meeting at which
there was a full Council which would mean after someone was appointed. That
Council Member would then need to review the tape recording of the hearing,
review any written comments and then be able to vote on the matter.
A vote was then taken on the foregoing motion to continue the matter for two
weeks. MOTION CARRIED.
ADJOURNMENT= By general Council consent the meeting of November 22, 1994 was
adjourned. (6~18 p.m.)
On November 29, 1994 the Swearing-In Ceremony of the new Council Members and
Mayor will take place. (It is not anticipated that there will be any items of
business on that date. )
LEONORA N. SOHL, CITY CLERK
715