1994/12/06City Hallr Anahe~r Cal£fo;~nia - COUNCIL MINUTES - D~__~_~R 6~ 1994 - 5:00
The City Council of the City of Anaheim met in regular session.
PRESENT:
PRESENT:
ABSENT:
VACANCY
PRESENT:
MAYOR: Daly
COUNCIL MEMBERS= Lop. z, Zemel, Feldhaus
MAYOR/COUNCIL MEMBERS= None
COUNCIL MEMBERS: One
CITY MANAGER= James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT: Chris Jarvi
PARK SUPERINTENDENT: Jack Kudron
INTERGOVERNMENTAL RELATIONS OFFICER: Kristine Thalman
PLANNING DIRECTOR= Joel Fick
PROPERTY SERVICE MANAGER: Rob Zurschmiede
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3=00 p.m. on December 2, 1994 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Daly called the meeting to order at 3:05 p.m.
REOUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session noting first that there is one additional item to be added to the
Closed Session agenda, Item No. 6 and that the need to act on this matter
relating to the City's investments and the Orange County Conuningled Investment
Pool arose after the posting of the agenda.
MOTION= Council Member Feldhaus moved to waive the 72-hour posting provision
of the Brown Act noting that the need to act on the matter relating to the
City's investments in the Orange County Commingled Investment Pool arose after
the posting of the agenda. Council Member Zemel seconded the motion. One
vacancy. MOTION CARRIED.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closed Session items.
City Attorney White. The following items are to be considered at the Closed
Session, including Item No. 6=
1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTIO~
54956.9(a} - EXISTING LITIGATION:
Name of case: City of Anaheim v. Rindt, Riverside Superior
Court Case No. 244008.
2J
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9~a} - EXISTING LITIGATION:
Name of case: Delmonico, et al. v. City of Anaheim, et al.,
Orange County Superior Court Case No. 71-80-71 (and 16 related
and consolidated cases).
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 Nos. 44-81-74 and 73-26-60.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
Significant exposure to litigation pursuant to subdivision (b) of
Section 54956.9: 2 potential cases.
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Anaheim. California - COUNCIL MZNUTES - DECEMBER 6r 1994 - 5=00 P.M.
Existing facts and circumstances= (1) Adoption of National
Pollutant Discharge Elimination System (NPDES) Ordinance to
comply with statutory requirements~ (2) enforcement of provisions
of Anaheim Municipal Code Sections 2.12.020 and 2.12.050 relating
to imputed taxes, interest and penalties.
LIABILITY CLAIMS=
Claimants Frank D. Van DeWeerd
Agency claimed against= City of Anaheim
Pursuant to Section 54956.9(c) of the Government Code to
determine whether to initiate litigation relating to the City's
investments in the Orange County Commingled Investment Pool.
RECESS~ Mayor Daly moved to recess into Closed Session. Council Member
Feldhaus seconded the motion. One vacancy. MOTION CARRIED. (3:07 p.m.)
AFTER RECESS= The Mayor called the meeting to order, all Council Members
being present, with one vacancy, and welcomed those in attendance to the
Council meeting. (5=15 p.m.).
Mayor Tom Daly first requested a moment of silence on the passing of Mary
Simpson, wife of former Council Member Bob Simpson expressing sympathy for Bob
and his family.
INVOCATION= Reverend Adam D. McCoy, St. Michael's Episcopal, gave the
invocation.
FLAG SALUTE= Council Member Frank Feldhaus led the assembly in the Pledge of
Allegiance to the Flag.
114= COUNCIL REORGANIZATION - MAYOR PRO TEM=
In accordance with Council Policy 111, the Council shall reorganize and
designate Frank Feldhaus as Mayor Pro Tem.
MOTION: Mayor Daly moved to designate Council Member Frank Feldhaus as Mayor
Pro Tem until November, 1995. Council Member Zemel seconded the motion. One
vacancy. MOTION CARRIED.
PRESENTATION= There were no presentations authorized by the Council this
date.
Mayor Daly. He asked the City Manager to comment and make a statement
relative to the City's investment and the countywide investment pool.
City Manager James Ruth. Staff, City Treasurer, Director of Finance and the
City Attorney did review with Council in Closed Session the City's experience
with the County Investment Pool.
The City of Anaheim is continuing its examination of available options in
light of the disclosure last week that the County Investment Pool has realized
"paper losses" of approximately $1.5 billion.
In addition to carefully monitoring developments, the City is in the process
of developing a new cash flow analysis to determine longer-term implications.
Additionally, the city is soliciting proposals from independent financial
advisors to perform an analysis of the city's portfolio and assist in the
formulation of short and long term strategies. The City has no plans at
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City Rall~ ,%nahe£m~ Califo~m£a - COUNCIL NI~S - DBC~4BBR 6~ 1994 - 5~00 P.H.
present to withdraw funds from the County Treasurer's pool in excess of normal
cash flow needs.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,593,031.79 for the
period ending November 28, 1994 and $1,949,932.58 for the period ending
December 5, 1994, in accordance with the 1994-95 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5=21 p.m.)
Mayor Daly reconvened the City Council meeting. (5~50 p.m.)
ADDITIONS TO THE AGENDA: There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST=
Bernadine Detweiler, Ebel Club of Anaheim. She read and submitted - "Petition
to Mayor and Council Members to appoint Shirley McCracken to vacant Council
seat." The petition listed the reasons why Shirley McCracken should be
appointed to fill the vacant seat, one reason being that Mrs. McCracken
received the third highest vote (behind Lou Lopez and Bob Zemel) in the
November 8, 1994 General Municipal Election. (The petition was submitted to
the Council and made a part of the record.)
Mayor Daly. It is his intention later in the meeting to make a motion to
place the matter of the vacant Council seat on next week's Council agenda.
Malvina Li. She explained some of the requirements that had to be met before
she could open her small restaurant, Numero Uno Pizzeria in the Euclid
Shopping Center at Katella and Euclid, and what she had done to accomplish
same. One item in particular was the requirement of a back-flow device on a
soft drink machine, a very expensive device which she had installed by the
plumber and the contractor. In the final analysis, the City inspector said
that it requires a stainless steel device and her plumber put in brass. The
plumber argued the brass device has been certified by the plumbing code and
adopted throughout Orange County but not in Anaheim. She has a temporary
certificate of occupancy which is costing $95 a month. She is hoping that the
City will accept the brass device and not cause her additional expenditure
because it is a burden on her small business.
Joel Fick, Planning Director, at the request of the Mayor, explained that he
was familiar with Ms. Li's concern which involves a technical issue wherein
her contractor installed a back-flow device not recognized by plumbing
authorities. The contractor was so informed and that it needed to be
replaced. The City gave the restaurant a temporary certificate of occupancy
to open up while the replacement was being made. The City is willing to
consider the device if there is documentation that would provide information
to the City that it is a safe device that has been installed. He would be
happy to meet and discuss the matter with Ms. Li.
Mayor Daly. He asked that Ms. Li talk to Mr. Fick at this time to discuss the
solution to the problem.
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C£tv Ha~l~ &nah~J~ California - COUNCZ~ NZNUTES - DECEMBER 6~ 199~ - 5~00 P.M.
Francis X. Nutto, 621 Jambalaya, Anaheim. His concern is with north Harbor
Boulevard. He noted that the City recently spent a lot of money improving
Anaheim Boulevard because there was a substandard right-of-way, no building
setbacks and intensive curb parking. The same situation exists with north
Harbor Boulevard. He is recommending when the City does widen north Harbor
Boulevard, in order to save a great deal of taxpayer's money, that the
right-of-way be taken off only one side of the street instead of ruining the
property on both sides by taking a little off each side resulting in the same
problems as in the past.
Mayor Daly. He thanked Mr. Nutto for his recommendation. A ~mall portion of
north Harbor Boulevard is currently being widened, the stretch between
La Palma and the 91 Freeway. He believes that almost all of the right-of-way
being acquired is on the east side of the street.
Mr. Will B. King, Newport Beach/Costa Mesa area. He believes the Council is
doing a good job. He gave his recommendations as to how it may be done
better.
Rudy Escalante, 710 S. Philadelphia. He would like the opportunity to read a
letter regarding filling the vacant Council seat. Mr. Escalante first read
and then submitted letter dated November 29, 1994 from the greater Orange
County/Anaheim Chapter of the Mexican American Political Association,
P.O. Box 4792, Anaheim (previously submitted to the Mayor and Council
Members). The letter requested that the vacant seat be filled by a special
election because, "we believe that holding a special election in which the
citizens of Anaheim can choose whom they want to be represented by is the only
choice which will support the democratic electoral process."
Sam Gonzalez, 908 N. Zeyn, Anaheim. He asked to read a letter from his next
door neighbor who could not be present tonight. Mr. Gonzalez then read letter
dated December 7, 1994 from Edward Fish, 904 N. Zeyn Street which outlined
what he termed a "deplorable" condition existing on the 900 Block of Zeyn
Street for more than 12 years - the deteriorated and poor condition of the
sidewalks and curbs. The Street Maintenance Department has been informed of
the situation but he was =old nothing has been done because the Council does
not want to provide the money to correct the situation.
Mayor Daly. He asked Mr. Gonzalez to submit the letter to the City Manager
who he then asked to investigate the problems and concerns expressed in the
letter.
PUBLIC COMMENTS - AGENDA ITEMS: There were no public comments on City Council
Agenda items.
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City Ha11~ Anaheim~ California - COUNCZL MIlqlJ'1~S - DE~__~'u~ 6~ 1994 - 5~00 P.M,
MOTION: Mayor DaVy moved to waive reading in full of all ordinances and
resolutions to be acted upon for the Council meeting of December 6, 1994.
Council Member Feldhaus seconded the motion. One Vacancy. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT C~%?.~NDAR~ On motion by Mayor Daly, seconded
by Council Member Feldhaus, 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 Daly offered
Resolution Nos. 94R-273 through 94R-275, both inclusive, for adoption. Mayor
Daly offered Ordinance No. 5463 through 5469, both inclusive, for
introduction. Refer to Resolution Book.
Al. 118~ The following claims were filed against the City and action taken
as recommended:
Claims rejected and referred to Risk Managements
a. Claim submitted by Isaac P. Hernandez for bodily injury sustained
purportedly due to actions of the City on or about June 4, 1994.
b. Claim submitted by James Everett for property damage sustained
purportedly due to actions of the City on or about July 14, 1994.
c. Claim submitted by Deborah L. Narvaez for bodily injury sustained
purportedly due to actions of the City on or about July 16, 1994.
d. Claim submitted by Carol Davis for bodily injury sustained purportedly
due to actions of the City on or about August 18, 1994.
e. Claim submitted by Peter Hung Nguyen aka Hung Quoc Nguyen, c/o Liem H.
Do, esq., for bodily injury sustained purportedly due to actions of the
City on or about April 28, 1994.
f. Claim submitted by Frances Villalpando for property damage sustained
purportedly due to actions of the City on or about October 17, 1994.
g. Claim submitted by Kelly Hoover for property damage sustained
purportedly due to actions of the City on or about September 23, 1994.
h. Claim submitted by Ceromet, Inc., attn: William F. Rego, for property
damage sustained purportedly due to actions of the City on or about
October 15, 1994.
i. Claim submitted by Magdalena Almanza, c/o Bruce Lee Williams, esq., for
bodily injury sustained purportedly due to actions of the City on or about
May 15, 1994.
j. Claim submitted by Ricardo Salcedo for property damage sustained
purportedly due to actions of the City on or about September 27, 1994.
k. Claim submitted by Kosakura & Associates, Inc., attn: Takeshi Kosakura,
for property damage sustained purportedly due to actions of the City on or
about October 11, 1994.
1. Claim submitted by Richard A. Cronce for property damage sustained
purportedly due to actions of the City on or about September 26, 1994.
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City Rail. Anaheim. Cal£forn£a - COUNCIL MINUTES - DECEMBER 6~ 1994 - 5~00 P.M.
m. Claim submitted by Don Costello and Debbie Peredo for property damage
and bodily injury sustained purportedly due to actions of the City on or
about April 27, 1994.
n. Claim submitted by Delmer H. Martens for property damage sustained
purportedly due to actions of the City on or about October 8, 1994.
o. Claim submitted by Oscar Arceo Luna, c/o Jesse Lewis Halpern, esq., for
property damage and bodily injury sustained purportedly due to actions of
the City on or about September 26, 1994.
p. Claim submitted by Pacific Bell, attn= W.O. Booth, for property damage
sustained purportedly due to actions of the City on or about September 22,
1994.
q. Claim submitted by Mike Petro for property damage sustained purportedly
due to actions of the City on or about September 30, 1994.
r. Claim submitted by James R. Sypitkowski for property damage sustained
purportedly due to actions of the City on or about October 4, 1994.
s. Claim submitted by Hershel B. Welton for property damage sustained
purportedly due to actions of the City on or about October 12, 1994.
t. Claim submitted by Cesar Rodriguez, c/o Isaac Nalive, esq., for
property damage sustained purportedly due to actions of the City on or
about August 23, 1994.
u. Claim submitted by Frank D. Van De Weerd, cio William M. Croeby, esq.,
for bodily injury sustained purportedly due to actions of the City on or
about August 10, 1994.
v. Claim submitted by Taura Verbeck for bodily injury sustained
purportedly due to actions of the City on or about April 23, 1994.
w. Claim submitted.by Beatriz Gonzalez, c/o Isaac Nalive, esq., for
property damage and bodily injury sustained purportedly due to actions of
the City on or about August 23, 1994.
x. Claim submitted by Jose Manuel Rodriguez, c/o Isaac Nalive, esq., for
bodily injury sustained purportedly due t° actions of the City on or about
August 23, 1994.
y. Claim submitted by Steve Cayson (Cayson Electrical Corporation) for
property damage sustained purportedly due to actions of the City on or
about August 17, 1994.
z. Claim submitted by Charleg W. Cruver (C.W. Cruver Congtruct£on Company)
for property damage sustained purportedly due to actions of the City on or
about August 17, 1994.
aa. Claim submitted by Charles Lawrence, c/o Stewart and O'Kula for bodily
injury sustained purportedly due to actions of the City on or about August
24, 1994.
A2. 1562 Receiving and filing the Anaheim Police Department Crime
Statistical Report for the month of October, 1994.
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C~tv Eall~ Anaheim~ Csl~for~_~ - COUNCIL MINUTES - DEC~ 6~ 1994 - 5~00 P.M.
105= Receiving and filing minutes of the Community Services Board meetings
held September 22, 1994, and October 13, 1994.
105= Receiving and filing minutes of the Senior Citizens Commission meeting
held October 13, 1994.
140= Receiving and filing the Anaheim Public Library monthly Statistical
Report for the month of October, 1994.
105= Receiving and filing minutes of the Anaheim Public Library Board meeting
held October 26, 1994.
A3. 170= Approving the Final Map of Tract No. 12686, and directing the Mayor
and City Clerk to sign the Ownership Certificate on the Title Sheet. Said
Tract is located at the west side of Sunset Ridge Road and south of Hollow Oak
Road of the Highlands, and is filed in conjunction with Specific Plan No. 87-
1.
A4. 1232 Approving District Agreement No. 12-155 A1 with the State of
California for right-of-way acquisition on the I-5 Freeway Widening project
(Freedman Way and Anaheim Boulevard).
AS. 123~ To consider approval of District Agreement No. 12-156 A1 with the
State of California for the right-of-way acquisition on the I-5 Freeway
widening project (West Street and Manchester Avenue).
City Manager Ruth. Staff is requesting .removal of this item from the agenda
at this time and that it be continued to the meeting of January 10, 1995.
A6. 158= Authorizing the Mayor and City Clerk to execute a Quitclaim Deed to
Kaufman and Broad for the City's interest in an Anaheim Water Company
irrigation easement within Redevelopment Area 5, as requested by Anaheim
Redevelopment Agency.
A7. 1742 RESOLUTION NO. 94R-2732 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM TO CONTINUE A DISADVANTAGED BUSINESS PROGRAM FOR ALL PROJECTS
IN THE CITY OF ANAHEIM RECEIVING UNITED STATES DEPARTMENT OF TRANSPORTATION
FUNDING AND ESTABLISHING A DISADVANTAGED BUSINESS ENTERPRISE GOAL OF 15.00%
FOR THE FEDERAL FISCAL YEAR ENDING SEPTEMBER 30, 1995.
A8. 132= ORDINANCE NO. 5463 - INTRODUCTION~ AN ORDINANCE OF THE CITY OF
ANAHEIM ADDING CHAPTER 10.09 TO TITLE 10 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO ADMINISTRATION OF THE NATIONAL POLLUTION DISCHARGE ELIMINATION
SYSTEM OF THE FEDERAL CLEAN WATER ACT AND REPEALING SECTION 10.08.060 OF
CHAPTER 10.08 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE.
A9. 123= Approving a First Amendment to Agreement with Transtech Engineers,
Inc., in an amount not to exceed $75,000 for signal design services, effective
through June 30, 199S.
Al0. 160= Accepting the low bid of ACPC c/o Matzinger-Keegan Inc., in an
amount not to exceed $33,319 for 50,000 feet of URD secondary wire, in
accordance with Bid $5333.
All. 160= Accepting the low bid of Hood Communication, in the amount of
$51,780.50 for directional boring and the installation of conduit at four
locations, Delores Street, Holbrook Street, Hilda Street, and Glenview Avenue,
in accordance with Bid $5320.
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City Hall. ~nahe~. California - COUNCIL MINUTES - DECEMBER 6~ 1994 - 5500 P.M.
A12. 1605 Accepting the low bid of ABB High Voltage Cables AB c/o Rome Cable
Corporation, in an amount not to exceed $1,554,000 for 80,000 feet of 69 KV
single conductor power cable, in accordance with Bid $5323.
A13. 128= Receiving and filing the Monthly Financial Analysis presented by
the Director of Finance for one month ended July 31, 1994.
A14. 1845 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 ac=ion to terminate the local emergency at
this time.
A15. 113= RESOLUTION NO. 94R-274= A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN
TWO YEARS OLD. (Community Development Department - Housing Division.)
A16. 161= Approving the amendment or addition of certain'time limitations to
the redevelopment plans Project Alpha, River Valley Project, Plaza Project,
Brookhurst Commercial Corridor Project, and the Commercial/Industrial Project
in order to ensure that redevelolanent plans adopted and amended prior to
January 1, 1994, are in compliance with certain time limitations required to
be included within such redevelopment plans as imposed by Assembly bill 1290
and Senate Bill 732.
ORDINANCE NO. 5464 - INTRODUCTION= AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING OR ADDING CERTAIN TIME LIMITATIONS TO THE PLAZA REDEVELOPMENT PLAN
WITH RESPECT TO AREAS OF THE PLAZA PROJECT AREA INCLUDED IN SAID PROJECT AREA
PRIOR TO JANUARY 1, 1994.
ORDINANCE NO. 5465 - INTRODUCTION5 AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING OR ADDING CERTAIN TIME LIMITATIONS TO THE COMMERCIAL/INDUSTRIAL
REDEVELOPMENT PLAN WITH RESPECT TO AREAS OF THE COMMERCIAL/INDUSTRIAL PROJECT
AREA INCLUDED IN SAID PROJECT AREA PRIOR TO JANUARY 1, 1994.
ORDINANCE NO. 5466 - INTRODUCTION= AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING OR ADDING CERTAIN TIME LIMITATIONS TO THE BROOKHURST COMMERCIAL
CORRIDOR REDEVELOPMENT PLAN WITH RESPECT TO AREAS OF THE BROOKHURST COMMERCIAL
CORRIDOR PROJECT AREA INCLUDED IN SAID PROJECT AREA PRIOR TO JANUARY 1, 1994.
ORDINANC~ NO. 5467 - INTRODUCTION5 AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING OR ADDING CERTAIN TIME LIMITATIONS TO THE RIVER VALLEY REDEVELOPMENT
PLAN WITH RESPECT TO AREAS OF THE RIVER VALLEY PROJECT AREA INCLUDED IN SAID
PROJECT AREA PRIOR TO JANUARY 1, 1994.
ORDINANCE NO. 5468 - INTRODUCTIONs AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING OR ADDING CERTAIN TIME LIMITATIONS TO THE AMENDED PROJECT ALPHA
REDEVELOPMENT PLAN WITH RESPECT TO AREAS OF THE PROJECT AREA INCLUDED, ADDED,
OR INCORPORATED INTO SAID PROJECT ALPHA AREA PRIOR TO JANUARY 1, 1994.
A17. 140= Approving the closing of Anaheim Public Libraries on Saturday,
December 24, 1994, and on Saturday, December 31, 1994.
A18. 123= Approving an agreement with the Anaheim Union School District, for
additional police services on a year-to-year basis.
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C£ty H&11, Anaho£m, Cal£forn£s - COUNCIL MINUTES - DECEM~ 6f 1994 - 5~00 P.M.
A19. 123= Approving the Seventh Amendment to agreement with Okeh Caterers
for permit parking at Anaheim Stadium.
A20. 113~ RESOLUTION NO. 94R-275= A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE RECORDS RETENTION SCHEDULE AS AMENDED FOR THE
CITY CLERK'S OFFICE.
A21. 132= ORDINANCE No~ 5469 - INTRODUCT~0N= AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING IN THEIR ENTIRETY CHAPTERS 10.10 AND 10.12 OF TITLE 10 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO SOLID WASTE COLLECTION AND DISPOSAL AND
SANITATION CHARGES.
A22. 114~. Approving minutes of the City Council meetings held September 27,
October 4, and October 11, 1994.
Council Members Lopez and Ze=el abstained on this item.
Ro11 Call Vote on Resolution Nos. 94R-273 throuqh g4R-275r both inclusiver for
adootion~
AYES= MAYOR/COUNCIL MEMBERS= Lopez, Zemel, Feldhaus, Daly
NOES~ MAYOR/COUNCIL MEMBERS= None
ABSENT= MAYOR/COUNCIL HEMBERS= None
VACANCY= COUNCIL MEMBERS= One
The Mayor declared Resolution Nos. 94R-273 through 94R-275, both inclusive,
duly passed and adopted.
END OF CONSENT C;T.mNDAR. ONE VACANCY. MOTXONS CARRIED.
A23. 130~ PUBLIC HEARING - EXTENSION OF EXISTING FRANCHISE AGREEMENT WITH
MULTIVISION CABL~ TV=
At the Council meeting of November 8, 1994, the City Council adopted
Resolution No. 94R-257 declaring its intention to extend for two years the
non-exclusive franchise previously granted to Storer T.V., Inc., heretofore
assigned to ML Media Partners, LP., For the laying and use of lines, wires,
coaxial cable and appurtenance8 for transmitting, receiving, distributing and
supplying radio, television and other cable communication services along,
across and upon the public streets, way alleys, and place8 within the City of
Anaheim. This item was continued and set December 6, 1994 as the date for the
public hearing on same.
Ordinance No. 5460 was also introduced at the November 8, 1994 meeting and is
before the Council for adoption this date.
Submitted was report dated December 6, 1994 from the Intergovernmental
Relations Officer' Kristine Thalman, recommending adoption of Ordinance
No. 5460 which was introduced on November 8, 1994 extending the subject
non-exclusive franchise as indicated above.
Kristine Thalman, Intergovernmental Relations Officer briefed her report of
December 6, 1994 recommending the subject action and also stating the reasons
for the recommendation.
After briefing the report, Mrs. Thalman announced that after the Council
approved the resolution setting this public hearing, they have learned that
Multivision Cable has sold their cable t.v. franchise to Century Cable
725
City Hall, Anaheim, California - COUNCZL MZNtFTES - DECEJd~R 6r 1994 - 5=00 P.M.
Communications. The ordinance if adopted would allow the City sufficient time
to negotiate with the prospective owners of the cable t.v. franchise. It is a
comprehensive process with certain provisions dictated by Federal law. It is
recommended that the City approve the ordinance to extend the existing
franchise agreement with Multivision Cable T.V. until January 23, 1997.
Mayor Daly asked if the City Attorney was in concurrence with the recommended
actions~ City Attorney White answered yes. His office has reviewed and agrees
with the recommendation.
Council Member Feldhaus. He has a concern that with just a two-year
extension, the cable company would not proceed to invest funds in the City
that would give optimum cable service. He feels it is an anti-business move
and in addition the company is being asked to put up a $150,000 franchise fee.
Kristine Thalman. That is not necessarily the total cost for reimbursement of
City costs but a cap recommended by outside counsel.
City Attorney White; The two years is an outside time period. It would be in
the City's interest as well as the cable company to attempt to complete the
matter before the expiration of the two year.period. It is meant to be a
safety measure and an outside time in which to complete negotiations. It is
unlikely that the company would make a major capital expenditure until
franchise negotiations are completed and he believes they will see a
conclusion of negotiations well before expiration of the two-year period.
Mayor Daly opened the public hearing and asked to hear from anyone who wished
to speak~ there being no response, he closed the public hearing.
Council Member Feldhaus reiterated his concerns~ Council Member Lopez asked
for further clarification by the City Attorney.
Upon completion of discussion and questioning, City Attorney White stated his
recommendation continues to be to extend the franchise for the two years.
Council Member Daly offered Ordinance No. 5460 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5460 - ADOPTION= AN ORDINANCE OF THE CITY OF ANAHEIM EXTENDING
FOR TWO YEARS THE NON-EXCLUSIVE FRANCHISE PREVIOUSLY GRANTED TO STORER T.V.,
INC., HERETOFORE ASSIGNED TO ML MEDIA PARTNERS, LP., FOR THE LAYING AND USE OF
LINES, WIRES, COAXIAL CABLE AND APPURTENANCES FOR TRANSMITTING, RECEIVING,
DISTRIBUTING AND SUPPLYING RADIO, TELEVISION AND OTHER CABLE COMMUNICATION
SERVICES ALONG, ACROSS AND UPON THE PUBLIC STREETS, WAYS, ALLEYS, AND PLACES
WITHIN THE CITY OF ANAHEIM. (Introduced at the meeting of November 8, 1994)
Roll Call Vote on Ordinance No. 5460 for adoption:
AYES: MAYOR/COUNCIL MEMBERS= Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT= MAYOR/COUNCIL MEMBERS= None
VACANCY= COUNCIL MEMBERS= One
The Mayor declared Ordinance No. 5460 duly passed and adopted.
A24. 000: PUBLIC MEETING - GOLF COURSE FEE CHANGES - AMENDING RESOLUTION
NO. 93R-131~
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City Hall, Anaheimf Cal£forn~a - COUNCIL #llqUTES - DECEI,~_~ 6r 1994 - 5~00 P.M.
To consider amending the greens fee structure and tournament surcharge for the
City golf courses by establishing Fridays as a weekend rate day and changing
the tournament surcharge on weekends from $5 to $10 per player, effective
January 1, 1995.
Submitted was report dated December 1, 1994 with attachment from Chris Jarvi,
Director of Parks, Recreation, Conm~unity Services and Golf recommending the
subject amendment to the greens fee structure and tournament surcharge for the
City golf courses.
Council Members Zemel and Feldhaus posed questions which were answered by Jack
Kudron, Park Superintendent relative to the courses in Orange County that do
not consider Friday as a weekend rate day, the number of public courses in the
County, the possibility of giving Anaheim residents a discount rate when
playing the City's courses, etc.
Council Member Zemel recalled the meetings he attended where privatization of
the City's golf courses was discussed/considered. Ultimately, staff was given
a new mission and that mission is repeated in the staff report, "to produce
the highest possible return to the General Fund" that being the reason for
recommending the changes. He asked if any thought had been given to
cost-cutting measures to increase return.
Chris Jarvi. At a recent retreat that included the golf concessionaires, they
went through several days of coming up with as many ideas as possible both in
terms of raising fees and cutting cost. They put together a responsible plan
which had been submitted but which Council Member Zemel may have not seen
being a new Council Member. The recommendation tonight is one of the first
steps in implementing that plan. They are definitely looking at both sides of
the equation in terms of trying to maximize revenues.
City Manager Ruth. When Parks and Recreation took over the golf operation,
they did make some structural changes.in personnel and reduced costs by
approximately $200,000 plus.
Council Member Zemel stated he would like to go over those items together;
Council Member Lopez. He would like to do the same unless there was some
urgency. He also would like to consider a discount for Anaheim residents.
Both Mr. Jarvi and Kudron then further explained the rationale in increasing
the greens fee and tournament surcharge. Relative to the timing, Mr. Jarvi
stated he would like to get these implemented as soon as possible because of
the potential revenue it will bring to the City but it could be delayed. He
also reported that the increases have been reviewed by the Golf Commission and
they concurred as well as having been reviewed by the men and women's club of
both courses also with their concurrence.
Council Member. Feldhaus stated he would also like to have staff and the
Commission look at preferred start£ng times for residents of the City.
Mayor Daly. Assuming the item is approved tonight, he asked the earliest
possible opportunity staff could report back to the Council on discount greens
fee for Anaheim residents.
Chris Jarvi. Typically they would come back at budget time based on an
approach as to what the market will bear. They have to be competitive so they
cannot just raise fees. If it is Council's desire to do something right away,
727
City Hallr Anshe£mr California - COUNCIL MZ1CtJ*X~S - DECEMBER 6r 1994 - 5~00 P.M.
it would be about 45 days. There are other initiatives at present that they
want to get started.
Mayor Daly invited the public to speak on the proposal.
A Mr. King who made comments earlier in the meeting did so again at this time
on an unrelated subject.
There was no further public input.
Council Member Zemel. He agrees with the new mission to produce the highest
possible return but, in doing so, not to look at increasing revenues just one
way only. It is necessary to also look at auxiliary income possibility and
rewarding Anaheim citizens with a discount. It is much larger than that. The
main aspect in increasing return is to decrease costs. Before he could
support this type of increase, he needs to be brought up to speed on the
efforts to decrease costs to see if that has happened. Potentially, if costs
decrease enough, the return can go to Anaheim residents. He would lake to see
more done. He feels they need an overall complete look at all the options
including cost reductions.
City Manager Ruth. He appreciates those thoughts and concerns and staff would
be more than happy to sit down with him and review some of the initiatives
implemented since the time Parks and Recreation took over the golf operation.
Many have been significant cost saving measures. The only thing that is City
operation in the courses is maintenance. Everything else is contracted out.
Many things have been implemented. He reiterated staff will be glad to share
those efforts with Council Member Zemel. The concern as they look at the
market, 90% of the tournaments are from outside of the City and do "jam up the
works" on the weekends. Part of that initiative is a disincentive to schedule
tournaments on the weekend thereby freeing up more playing time for local
residents and general golfers. The goal is to generate more revenue. Looking
at Fridays, what they are going to see in the industry, a lot of the courses
have gone or will be going to that. If Anaheim does so, other surrounding
municipalities will follow suit. He agrees that they cannot just increase
revenue but also show the public they are operating very efficiently.
Mayor Daly. He asked if the desire was to move forward tonight or was more
time needed to analysis this operational change.
Council Member Zemel. He would like more information and will get with the
city Manager.
A brief discussion followed relative to continuing the public meeting wherein
the City Attorney noted that if it is continued to a time certain, it would
not have to be readvertised. He also reported that the legal notice published
does limit the items to be considered to establishing Fridays as a weekend
rate day and changing the surcharge for greens fee from $5 to $10. If there
are other issues or changes, the notice that has gone out would not be
sufficient.
MOTION= Mayor Daly moved to continue the subject item for two weeks to
December 20, 1994. Council Member Feldhaus seconded the motion. One vacancy.
MOTION CARRIED.
728
CJ. tv Hall. Anaheim, Caxi:~orn£a - COTJNCXT. MTNU'~'~S - DE~_~*u~_~R 6, 1994 - 5:00 P.M.
ITEMS B1 - B6 FROM THE PL~_NN_.ZNG ~._m(.ISS~ON )d~e~TING OF NOVEMbeR 14, 199~
iHFORMATION ONLY - APPEAL PER~OD ENDS DE~W*J~_~ 6f ~99d
Bi. 179: CONDITIONAL USE PERMIT NO, 37~4 AND NEGATIVE DE~RATION~
OWNER: United Borax & Chemical Corp., 26877 Tourney Road, Valencia, CA
91355-1847
AGENT: Bissell Architects, Attn= Glenn Gellately, 446 Old Newport
Blvd., Newport Beach, CA 92663
LOCATION: 412 N. Crescent Way. Property is approximately 5.01 acres
located on the east side of Crescent Way and approximately 380 feet
north of the centerline of Penhall Way.
To permit an approximately'38,000 square foot church facility within the
ML Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3724 GRANTED (PC94-151) (6 yes votes, i absent).
Approved Negative Declaration.
B2. 179: WAIVER OF CODE REOUIREMENT, CONDITIONAL USE PERMIT NO. 3728 AND
NEGATIVE DECLARATION:
OWNER= McDonalds Corporation, Attn~ Robert Lombardi, 4370 La Jells
Village Drive, $800, San Diego, CA 92122
LOCATION: 740 North Euclid Street. Property is approximately 0.78 acre
located on the east side of Euclid Street and approximately 450 feet
south of the centerline of Catalpa Drive.
To permit the addition of an enclosed play/dining area to an existing
drive through restaurant with waiver of minimum number of parking
spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3728 GRANTED (PC94-152) (6 yes votes, I absent).
Approved waiver of code requirement.
Approved Negative Declaration.
A review of the Planning Commission's decision was requested by Council
Members DalY and Feldhaus, and theFefore, a public hearing will be scheduled
at a later date.
B3. 179= CONDITIONAL USE PERMIT NO. 3566 - SUBSTANTIAL CONFORMANCE
DSTERMINATION FOR FOOD COURT SIGNAGE:
REQUESTED BY= Donahue Schriber, 3501 Jamboree Rd., Ste. 300, Newport
Beach, CA 92660
LOCATION: 500 North Euclid.
Petitioner requests substantial conformance determination for food court
signage in conjunction with Conditional Use Permit No. 3566 (to permit a
regional shopping center with indoor entertainment facilities, an
automotive service center in conjunction with a major retailer, semi-
enclosed restaurant (outdoor dining and food court) and community
meeting room).
ACTION TAKEN BY THE PLANNING COMMISSIONs
Determined that the proposed sign modification is in substantial
conformance with the original approved sign plans.
B4.
179: CONDITIONAL USE pERMIT NO. 3695 - LANDSCAPE PLAN REVIEW=
REQUESTED BY: Anaheim Redeveloi~nent Agency, 201 S. Anaheim Blvd.,
Ste. 1003, Anaheim, CA 92805
LOCATION: 300 West Lincoln Avenue.
The Redevelopment Agency requests review of final landscape, irrigation
and hardscape-plans for Conditional Use Permit No. 3695 (to permit an
729
C£ty Hallf Anahe:Lmf California - COUNCIL MXNUTES - DECEMBER 6r 1994 - 5:00 P.M.
ice skating rink including an amusement arcade and an on-site restaurant
with on-premise sale and consumption of beer and wine).
ACTION TAKEN BY THE PLANNING COMMISSION=
Approved final landscape, irrigation and hardscape plans.
Mayor Daly. He asked if staff was comfortable with this item.
Joel Fick, Planning Director. Staff is comfortable. The landscape plans do
fit in with the balance of the redevelopment project area downtown.
BS. 149= PROPOSED ORDINANCE TO CONSIDER TWO CODE AMENDMENTS PERTAINING TO
VEHICLE PARKING AND LOADING REQUIREMENTS FOR LIVE PERFORMANCE THEATRES AND
PARKING WAIVER REGUESTS=
The following correction was made to the proposed ordinance amending
Section 18.06.080 of Chapter 18.06 of Title 18 of the Anaheim Municipal
Code= (25th line of text down) changed the word "businesses" to "uses".
ACTION TAKEN BY THE PLANNING coMMISSION=
Recommended adoption to the City Council as corrected by staff.
City Attorney White. This refers to two code amendments and, therefore, the
introduction of two separate ordinances and not one.
ORDINANCE NO. 5470 FOR INTRODUCTIONs Amending Section 18.06.080 of
Chapter 18.06 of Title 18 of the Anaheim Municipal Code relating to vehicle
parking and loading requirements (variances).
Mayor Daly offered Ordinance No. 5470 for first reading.
ORDINANCE NO. 5470= AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
18.06.080 OF CHAPTER 18.06 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO VEHICLE PARKING AND LOADING REQUIREMENTS (VARIANCES).
ORDINANCE NO. 5471 FOR INTRODUCTION= Amending Subsection .025 of Section
18.06.050 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code relating
to vehicle parking and loading requirements (live performance theaters).
Mayor Daly offered Ordinance No. 5471 for first reading.
ORDINANCE NO. 5471= AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION
.025 OF SECTION 18.06.050 OF CHAPTER 18.06 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO VEHICLE PARKING AND LOADING REQUIREMENTS (LIVE
PERFORMANCE THEATERS).
B6. 179~ PROPOSED ORDINANCE TO CONSIDER A CODE AMENDMENT PERTAINING TO
PRIVATE CLUBS. LODGES. MEETING HALLS. FRATERNITIES AND SORORITIES.
ACTION TAKEN BY THE PLANNING CO~ISSION=
Recommended adoption to the City Council.
ORDINANCE NO. 5472 FOR INTRODUCTIONs Amending various sections of Title 18 of
the Anaheim Municipal Code relating to private clubs, lodges, meeting halls,
fraternities and sororities.
Mayor Daly offered Ordinance No. 5472 for first reading.
730
City Hallr Anahe~mr California - COUNCIL MINUTES - DE~__~WagR 6r 1994 - 5~00 P.M.
ORDINANC~ NO. 547~ AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS
SECTIONS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PRIVATE CLUBS,
LODGES, MEETING ~ALLS, FRATERNITIES AND SORORITIES.
END OF THE PLANNING COJOfISSION ITEMS FROM NOVEMBER 14, 1994.
Cl. 179: FREEWAY-ORIENTED BILLBOARD PROPOSAL DATED JULY 15~ 1994t SUBMITTED
BY REGENCY OUTDOOR ADVERTISING, INC.~
Discussion and possible action concerning proposal submitted by Regency
Outdoor Advertising, Inc., relating to freeway oriented billboards.
This matter was discussed at and continued from the meetings of August 16, and
August 23, 1994 to this date. (See minutes of August 16, and August 23, where
there was extensive discussion and input.)
City Clerk Sohl. She referred to letter dated December 6, 1994 received from
Mr. Brian Kennedy of Regency Outdoor Advertising, Inc., requesting that this
matter be removed from tonight's agenda and continued for 120 days.
Council Member Feldhaus. He is going to suggest they remove it all together
and if Regency chooses to bring the item back, they can bring it back as a new
item. He feels it is up to the proposer to bring it back.
MOTIONs Council Member Feldhaus moved to remove the freeway-oriented
billboard proposal dated July 15, 1994, submitted by Regency Outdoor
Advertising, Inc., from the agenda at this time and that the requested
continuance of 120 days be denied. Mayor Daly seconded the motion.
Before further action was taken, Mr. Howard Keefer, 1583 Wakefield, Anaheim,
stated he is a principal in the District Counsel in Santa Ana. He is
reporting information just as an associate of his did at one of the earlier
meetings on the subject. Their firm represents cities and school districts
throughout the state where the proponent owns parcels of property,
approximately 150, where weeds were not abated for the 1992-93 year. The
cities had to place the weed abatement charges on the tax roll. Taxes for
1993-94 on parcels owned by the proponent have also gone unpaid and not one of
those parcels has a billboard on it.
James F. Abbott, Coast Advertising, 836 N. Richmond, Fullerton. He just
arrived at the meeting. Relative to the July 15, 1994 proposal by Regency,
Mr. Kennedy is requesting that the City remove billboards from the inner-city
but all the boards he is requesting be removed are not Regency billboards.
Mr. Abbott continued to explain that it is unfair competition. Regency has
leased every available location fronting the freeways and denying the pr0Derty
owners competitive bidding.
Mayor Daly interrupted explaining to Mr. Abbott, before he arrived at the
meeting, that Council Member'Feldhaus made a motion that this item simply be
removed from.the agenda and rejected as a proposal. It will be a dead issue
unless Regency chooses to resurrect it at a future date.
Mr. Abbott thanked the Mayor for telling him what had transpired but added
that Coast Advertising would like to have the opportunity to have billboards
on the freeways and the opportunity to meet with a blue ribbon committee to
make this a democratic situation.
731
Hall. Anahe4mr Californ£a - COUNCI~ MINUTES - DE~_~BER 6r 1994 - 5=00 P.M
Julia Mayer, 1837 W. Orange, Anaheim. She congratulated Council Member
Feldhaus on his motion. She has some time-sensitive con~flents on the issue.
She is currently serving a8 one of five public members on the OCTA Aesthetics
Advisory Committee who are-currently preparing a transportation/aesthetic
master plan. They will be proposing funding opportunities for local agencies
to apply for aesthetics improvements which she briefed. It was a unanimous
conclusion of the committee that freeway billboards will affect point ratings
for such projects. She then invited Council Members to attend one of two
public meeting workshops taking place this week by the Committee.
A vote was then taken on the foregoing motion. One vacancy. MOTION CARRIED.
C2. 114= COUNCIL C~MKENTS=
Mayor Daly. Me feels it is important to move as quickly as possible to fill
the vacancy on the City Council and, therefore, moved the following=
That the matter of the vacancy on the City Council be placed on
the Council Agenda of December 13, 1994. Council Member Zemel
seconded the motion. One vacancy. MOTION CARRIED.
D1. 179= CONTINUED PUBLIC ~n~ARING - WAIVER OF CODE REQUIREMENTr CONDITIONAl.
USE PERMIT NO. 3714 AND MITIGATED NEGATIVE DECLARATION=
OWNER= IDM Apartment Corporation, One World Trade Center, Long Beach,
CA 90801
AGENTs Penhall Co., Attn= Dick Reel, P.O. BOX 4609, Anaheim, CA 92801
LOCATION/REQUESTs 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 £s 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
(PC94-12S) (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 QHE Holding Company and continued from the meetings of October 18,
November 15, and November 22, 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 asked first to hear from staff.
joel Fick, Planning Director. There was no opposition to this project at the
Planning Commission meeting of September 7, 1994. The matter was subsequently
appealed and set for a public hearing. Since the Planning Commission meeting,
there has been substantial input received and correspondence from adjoining
property owners and also from the school district. Staff's November 30, 1994
732
City BsXX. AnaheXi. CaXX~ornia - COUNCXL MZNUTES - DE~_~ca~a 6; 1994 - 5:00 P.M.
update report notes at the time of writing the report, staff had not yet
received information relating to some of the noise concerns. Last Thursday,
staff received a one page written commentary about noise impacts and verbally
informed the applicant that more details would be needed to sufficiently
address whether there would be impacts to adjoining property owners. To
summarize staff's comments, if this facility were to be approved, the
conditions recommended by the Planning Commission, added conditions by staff
and the time limitations imposed, (a five-year time limitation imposed by the
Planning Commission) would represent the best conditions for the proposal.
Staff continues to have increasing concern about the capability of the use
with the adjoining property and school uses. He also confirmed for the Mayor
that this site was in a redevelopment corridor.
Mayor Daly asked redevelopment staff if they had an opportunity to look at the
proposal in light of redevelopment plans.
Rob ZurSchmiede, Property Service Manager. The item was considered by the
Redevelopment Commission and recommended for approval~ however, at that
meeting, no negative input was received. The Commission has not had the
benefit of the latest group of complaints. What they did consider at the time
was the use of the project which is basically an industrial use. They did not
see this as a long term use of the site under the redevelopment plan.
However, given the restricted duration and the information they had concerning
the operation that it would be screened and from Redevelopment's point of view
that the site would be cleared at the end of the five year period and
available for development, they recommended approval at that time.
Mr. Flck then answered questions posed by the Mayor wherein he stated that the
best understanding they have of this proposed facility is that it will be used
for the I-5 widening project. However they plan on going into operation in
advance of that project taking place. The understanding is that there are no
contracts or guarantees that this site will be used for the I-5 widening.
Mr. Fick then answered questions posed by Council Member Lopez relative to his
(Lopez) concern over noise impacts and the incompatibility of the use with
surrounding uses, especially the school site.
City Attorney White advised that the public hearing should be open at this
time to give an opportunity for input both in favor and in opposition.
Mayor Daly noted that the memorandum dated November 30, 1994 from the Planning
Director updated the Council regarding the most recent input from the High
School District and also summarizes the issues from staff's perspective
relative to dust, noise, aesthetics and traffic.
Mayor Daly opened the public hearing and asked first to hear from the
applicant.
APPLICANT'S
STAW~ENTz
Mr. Richard Reel, Business Development Manager, Penhall Company, 1801
Penhall Way, Anaheim. The Penhall Company has been in Anaheim for
32 years. He is present tonight to request approval of' CUP No. 3714 to
operate a solid waste recycling facility for a period of five years for
their use as well as others. Since it is in close proximity to the I-5,
it will minimize truck traffic on city streets. The zoning is M-L which
733
CAtv Hall, Anaheim, California - COIDICZL MIFdTES - DEGM~ 6, 1994 - 5:00 P.M.
allows certain uses, which he named, all without a CUP. The subject
site has been vacant for approximately 5 years. He then described the
operation proposed on the site noting that similar facilities exist in
three other locations in Anaheim. Operation of such a facility will not
produce detrimental or illegal fumes, dust, noise or vibration. At the
end of five years, they will clear the site to an upgraded condition
ready for develolxnent. The proposal has been approved by the
Redevelopment Commission and the Planning Commission. He then addressed
the concerns submitted and letters from Q.R.E, (see letters dated
September 26, November 8, November 18 and December 1, 1994 previously
made a part of the record objecting to the issuance of CUP No. 3714) and
from the Anaheim Union High School District (see letter dated
November 21, 1994 - comments on propose CUP No. 3714 and corresponding
negative declaration previously made a part of the record).
In concluding his presentation, Mr. Reel stated that Penhall
respectfully requests Council's approval of the proposed project.
PUBLIC DISCUSSXON -
XN FAVORs
None
PUBLXC DZSCUSSXON -
IN OPPOSITIONs
The following people spoke in opposition to the project and their reasons are
summarizeds
Stewart Liner, Attorney, Levinson, Miller, Jacobs & Phillips,
representing Q.R.E. Holding Company/TCW Realty Advisors. They are
wholly owned by a pension trust fund who are extremely concerned
about the devaluation of the property if the proposed use is
allowed. Mr. Liner's presentation then covered all of the
concerns they have with the proposed facility as outlined in
Q.R.E.'s previous correspondence to the Mayor and City Council -
an environmental impact report should be required and not a
negative declaration status, a CUP in this case would be
detrimental to the peace, health, safety and general welfare of
the citizens of the community, there will be dust and other
material pollution, granting the CUP will result in special
privileges being given that are not justified by the
circumstances, truck traffic will impose an undue burden on the
streets and highways upon and about the area of the proposed use,
they are not aware of any claim by the applicant that there are no
alternative sites available that might be utilized for the
contemplated activities. Mr. Liner concluded, for the reasons set
forth in their letters and as summarized, ' ... we urge you to
conduc~ an ~IR, to conduct noise study and traffic study, and to
investigate the availability of alternative sites to conduct the
proposed activities before ratifying the requested and potentially
devastating CUP".
Margaret McLaughlin, Property Manager, Tri Freeway Business Park,
Valley Street, Anaheim, directly across from the proposed
facility. She shares the concerns of the devastating impact this
project will have on their ability to track and keep clients and
the value of their properties and businesses. She thereupon
734
C£tv Hall. Anaheim° California - COVJNCIL M~NOTBS - DBC_~s~ER 6r 1994 - 5tO0 P.M
submitted a photographic board which contained a map of the area
showing surrounding land uses which would be adversely affected by
a rock crushing facility as well as photographs of other such
facilities. Rock crushing facilities are dusty and dirty
operations and this facility does not belong in the proposed
location. There will be dust, noise and danger. They believe
there are other sites in Anaheim and surrounding cities better
suited for the operation. They are requesting that the Council
withdraw approval of the CUP and reconm~nd that Penhall pursue
other sites for the project.
Mr. Schuyler Bassett, Manager, Tara Hill Apartments, 2130 W.
Crescent, Anaheim, across the street from the proposed facility.
He sub~itted a four-page letter dated December 6, 1994 which he
briefed (made a part of the record). He also submitted three
large mounted photos to show the view that some of the residents
would have from their apartments should the proposed facility be
approved and how close, noisy and detrimental it would be for many
of the residents at all times of the day since there are no
restrictions on hours of operations at this time. He also took
issue with the staff report to the Planning Commission which he
feels has chosen to ignore the many hundreds of people who make
their home at Tara Hill Apartments less than 520 feet from the
proposed site. At theconclusion of his presentation, he stated
there must be another location for the facility. This is a
residential area to the people who live at Tara Hill Apartments.
Vicki Kanak, Principal, Gauer Elementary School. This proposal
will not only have an impact on Brookhurst Junior High School
which is nearby, but also the 750 students of Gauer Elementary
School, two-thirds of whom live west of Brookhurst with many
walking through the intersection of Brookhurst and Crescent on a
daily basis. Her concern is for the safety of the children that
attend Mel Gauer School which is a year-round school. Their
safety will be in Jeopardy.
Richard Ladega, Principal, Brookhurst Junior High School. He is
concerned with the safety of his student body as well as the
environmental issues of noise and dust, whatever noise and dust is
generated will affect the classes/activities that take place on
the Brookhurst Junior High athletic field directly across from the
proposed project. He then addressed the issue of truck traffic
that will be generated, the traffic patterns and the attractive
nuisance.the facility will be for his students.
Jeff Kirsch, 2661 W. Palais, Anaheim. The project is in a
redevelopment area and it is not a good use for the area. He
questioned the thinking behind the endorsements of the
Redevelopment Commission and the Planning Commission. They should
not sacrifice quality of life by importing a blight inducing
project into it. The project should "go back to the drawing
board".
Esther Reed, 2130 W. Crescent, Tara Hill Apartments. She is
District Advisory Counsel President, school site chairperson at
Mel Gauer and a resident. She is pleading to Penhall and the
Council to reconsider the project. Her concern is safety and
Penhall is not providing for any kind of security. Apparently,
735
C£tv Hallo Anahe~u. Cal£fornia - COUNCIL MZNU'I~S - DECEMR~u 6, 1994 - 5~00 P.M.
they do not see safety as an issue because no provision has been
made. She also feels the site will be an attractive nuisance for
school-aged children.
Clifford Breedon, 2130 W. Crescent 21167, Tara Hill Apartments.
He is concerned with the noise factor and the heavy truck traffic.
BrookhUrst is a very busy street. This is where they live. It
will be detrimental to their quality of life.
~.q~ATION BY
APPLICANTs
Richard Reel. He s~oke to and rebutted the concerns raised. He also
clarified there seems to be the understanding that the facility is tied
to the widening of the I-5. He emphasized that is not the case. It is
a stand alone facility. The widening of the freeway and the D£sneyland
project are certainly avenues of opportunity. This location, due to the
proximity of the I-5 and the 91 Freeway forming a natural interchange is
ideal for business getting to the site. Brookhurst would be the only
street they would use. There would be no truck traffic on Crescent.
Mayor Daly then posed questions to Mr. Reel.
Mrs. McLaughlin then again approached the podium to speak to some of the
co~nents made by Mr. Reels however, City Attorney White advised that the
procedure set forth for the public hearing should be adhered to wherein the
applicant always has the ability to make the last statement. If Mrs.
McLaughlin is allowed to speak again at this time, the applicant will also
have to be given the opportunity to comment/rebut. He recommended that the
hearing be closed.
Mayor Daly closed the public hearing.
Mayor Daly. One of his concerns has been that the City be as cooperative as
possible in terms of keeping the I-5 project on schedule but he has not heard
anything this evening from either staff or the applicant in terms of the
proposed facility being crucial to that project remaining on schedule. His
hope is that Penhall will look for other sites. The proximity of the school
property, the ~ark property and the housing to the south and the prospect of
additional housing to be developed in the area makes it an unsuitable location
for the project. He also agrees with the opponents that five years is a long
time to endure this type of operation especially if other locations are
possible.
Council Member Feldhaue. He was under the impression from reading the
Planning Commission comments in their approval that there was a perception
this was being requested strictly for the I-5 widening. If so, he felt it was
one of the inconveniences that.would have to be tolerated but he later
discovered that was not the case. He also believes this is the wrong place
for this type of facility particularly with some of the ideas the City has in
mind for the rehabilitation of Brookhurst all the way to the 91 Freeway. He
intends to vote no.
Council Member Zemel. Through all the hearings and up until tonight, he
understands there has been no noise study and in order to make a finding that
the citizens are not going to be affected by the project, such a study would
be necessary; Planning Director Joel Fick concurred.
736
City Hall. Anaheim. CaXifornia . CO~NCX~ M~N~ES - DE¢~m_~ 6, 1994 - 5zO0 P.M.
ENVIRONMENTAL IMPACT REPORT - DENIED MITIGATED NEGATIVE D~CLARATION= On
motion by Mayor Daly, seconded.by Council Member Feldhaus, the City Council
has considered the proposal with the mitigated Negative Declaration and
Monitoring Program, together with any comments received during the public
review process and further finding, on the basis of the Initial Study, that
there is substantial evidence that the project will have a significant effect
on the environment and, therefore, denies the mitigated Negative Declaration.
One vacancy. MOTION CARRIED.
Mayor Daly offered Resolution No. 94R-276 for adoption, denying Conditional
Use Permit No. 3714 finding that the proposed project will adversely affect
adjoining land uses and be detrimental to the public peace, health, safety and
general welfare due to the noise, dust and truck traffic which will be
generated by the project. Refer to Resolution Book.
RESOLUTION NO. 94R-276= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3714.
Roll Call VQto on Resolution No, 94R-276 for adoption=
AYES= MAYOR/COUNCIL MEMBERS= Lopez, Zemel, Feldhaus, Daly
NOES= MAYOR/COUNCIL MEMBERS= None
ABSENT= MAYOR/COUNCIL MEMBERS= None
VACANCY= COUNCIL MEMBERS= One
The Mayor declared Resolution No. 94R-276 duly passed and adopted.
D2. 179= PUBLIC H~ARING - 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/REQUEST= The property is located at 1301 South Empire Street
and 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. The request is to establish a 20-lot,
RS-5000 subdivision.
ACTION TAKEN By THE pLANNING COMHISS~ON=
Variance No. 4265 GRANTED (PC94-144) (7 yes votes).
Approved Tentative Tract Map No. 14893.
Negative Declaration previously approved.
HEARING SET ON= Tentative Tract Map No. 14893 had a 10-day appeal period and
appeared on the Council agenda of November 8, 1994, where Council Members Daly
and Pickler requested review of the Planning Commission's decision.
PUBLIC NOTICE REOUIREHENTS MET ~=
Publication in Anaheim Bulletin - November 24, 1994
Mailing to property owners within 300 feet - November 23, 1994
Posting of property - Novenfl~er 23, 1994
PLANNING STAFF INPUT=
See staff report to the Planning Commission dated October 31, 1994.
737
C£tv Hall. Anaheim. California - COUNCIL MZNIFTES - DECEMBER 6. 1994 - 5~00 P.M.
Mayor Daly. The reason he set the matter for a public hearing was to have a
chance for the Council as well as staff to scrutinize the site plan and to
make certain what had been proposed in the way of single-family housing was
pinned down in as much detail as could be obtained from the developer
particularly because there is a variance request in terms of the minimum
building site. He wants to know if there is a sufficient level of detail
regarding the proposal showing it will be compatible with the single-family
houses to the south, that the layout is consistent with Anaheim standards and
to be able to rely on that regardless of what may happen in the future with
the development.
Joel Flck, Planning Director. Originally there was a proposal for a
condominium project and there was substantial opposition from the surrounding
neighborhood particularly in terms of compatibility. Through the Planning
Commission hearing process, the project was revised to RS-5000 which is before
the Council tonight. It does require with the approved variance that the
property and the project be developed substantially in accordance with the
plans approved and posted tonight. He would suggest in that regard, that was
the representation from the applicant that this was the project that would be
constructed. So that there would be no confusion and uncertainty for the
future owner or tenants, he would suggest for clarification that in addition
to the condition requiring substantial conformance that the following
condition be added:
"That prior to final tract map approval, an unsubordinated
covenant in a form satisfactory to the City Attorney shall be
recorded with the Office of the 'Orange County Recorder giving
record notice requiring that the subject property be developed
'substantially in accordance with plans and specifications marked
Exhibit Nos. i and 2 on file with the Planning Department'.
Any future buyers would then be on notice that the property has to be
developed in accordance with the plans before the Council this evening.
Mayor Daly opened the public hearing.
STAteMENT z
Frank DeLuna, 19142 Sierra Maria, Irvine. The variances are in
accordance with the houses already developed along Chalet and Ashington
Lane and the other two lanes immediately south. Those are mostly 5,000
square foot lots with 4 bedroom homes. That is what they copied from.
He is a consultant to the Living Stream Ministry. The other variance
was the minimum setback in a pie shaped lot. They followed the same
procedure as other houses in the area that did the same thing. They
conformed with the houses immediately to the south.
City Attorney White then clarified for Mr. DeLuna the language proposed by the
Planning Director. They have done the same many times in the past requiring
unsubordinated covenants. It means in the event there is a foreclosure on a
deed of trust on the property, that the City's covenant as to how the property
would be developed would not be wiped out by a foreclosure. The City would
have preference.
Frank DeLuna. He does not have any problem with that. (Mr. Flck showed him a
copy of the condition.) Their intention is to develop the project according
to the plans.
738
City Hall, Anaheim, California - COUNCZL MINUTES - DECEMBER 6, ~994 - 5:00 P.M.
Mayor Daly. He noticed some of the houses have 3-car garages; Mr. DeLuna
confirmed that six of the houses will have 3-car garages vs. 2-car garages.
He also confirmed for Council Member Feldhaus that the street is going to be a
private street and the Department of Real Estate requires that they have a
homeowner's association. They are going through the Department of Real Estate
with that. He also explained that relative to parking, the law requires so
many parking stalls per unit and they followed that exactly. They are not
asking for any.parking variances.
There being no further persons who wished to speak; Mayor Daly closed the
public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATIQ~ On motion by Mayor Daly,
seconded by Council Member Zemel, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. One vacancy. MOTION CARRIED.
Mayor Daly offered Resolution No. 94R-277 for adoption, granting Variance
No. 4265 subject to City Planning Commission conditions and the following
additional language as proposed by the Planning Director, concurred in by the
City Attorney and agreed to by the applicant:
"That prior to final tract map approval, an unsubordinated
covenant in a form satisfactory to the City Attorney shall be
recorded with the Office of the Orange County Recorder giving
notice of Condition No. 3 of City Council Resolution No. 94R-277
dated December 6, 1994 approving Variance No. 4265 requiring that
the subject property be developed substantially in accordance with
plans and specifications marked Exhibit Nos. i and 2 on file with
the Planning Department".
Refer to Resolution Book.
RESOLUTION NO. 94R-277: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 4265.
Roi1 Call vote on Resolution No. 94R-277 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
The Mayor declared Resolution No. 94R-277 duly passed and adopted.
MOTION: Mayor Daly moved to approve Tentative Tract Map No. 14893.
Member Zemel seconded the motion. One vacancy. MOTION CARRIED.
Council
C3. 112: REPORT ON CLOSED SESSION ACTIONS:
City Attorney White. There is one action required by statute to be reported
from Closed Session today as follows:
That in the case of DelMonico, et al, vs. City of Anaheim, Orange
County Superior Court Case 70-80-71 and the sixteen related
739
City Hall. Anaheim. Cali~orn~a - COUNCZL MIFdTES - DECEMBER 6r ~994 - 5=00 p.M.
actions that have been consolidated with that case, the City
Council approved and authorized its legal counsel to execute
toll£ng agreement amendments with the Metropolitan Water District
of Southern California relating to the tolling of tort claims
filed and litigation in the seventeen landslide law suits that
have been filed to date and to authorize future tolling agreements
with the Metropolitan Water District on any subsequent litigation
that may be filed. The vote was all ayes with one vacancy.
ADJOURNM~NT~ By general Council consent the Council meeting of December 6,
1994 was adjourned. (8=35 p.m.)
LEONORA N. SOHL, CITY CLERK
740