1997/08/19ANAHEIM, CALIFORNIA- CITY COUNCIL MINUTES
AUGUST 19, 1997
The City Council of the City of Anaheim met in regular session.
PRESENT:
PRESENT:
ABSENT:
PRESENT:
MAYOR: Tom Daly
COUNCIL MEMBERS: Shirley McCracken, Tom Tait, Bob Zemel, Lou Lopez
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASSISTANT CITY CLERK: Ann M. Sauvageau
PUBLIC UTILITIES GENERAL MANAGER: Ed Aghjayan
PUBLIC UTILITIES ASSISTANT GENERAL MGR., FINANCE ADM.: Mike Bell
PURCHASING AGENT: Diane Hughart
PLANNING DIRECTOR: Joel Fick
ZONING DIVISION MANAGER: Greg Hastings
ZONING ADMINISTRATOR: Annika Santalahti
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:00 p.m. on
August 15, 1997 at the City Hall Kiosk, containing all items as shown herein.
Mayor Daly called the workshop portion of the meeting of August 19, 1997 to order and welcomed all
those in attendance, 3:10 P.M. (Council Members Tait and Zemel entered at 3:20).
175: ELECTRIC RESTRUCTURING: Mr. Ed Aghjayan, Public Utilities General Manager. (A 34-page
handout was submitted entitled - Electric Industry Restructuring Update - City Council Workshop - August
19, 1997, which contained hard copies of the slides that were presented in Mr. Aghjayan's presentation -
made a part of the record). Mr. Aghjayan briefed the information contained in the submittal. His
presentation covered the following: Provisions of AB1890 (Investor Owned Utilities - IOU's - to begin
phasing in Direct Access on 1/1/98) -- municipals to decide whether to allow Direct Access by 7/1/99,
what does Direct Access mean? (power generation will be a competitive market - the local utility will still
distribute/deliver the power to customers), the impact of Direct Access, California electric industry
update, the Independent System Operator (ISO) - a newly created independent entity which operates
transmission facilities, Power Exchange (PX), Anaheim's issues, Anaheim's current activities,
explanation of Competitive Transition Charge (CTC) - a charge that can be passed on to all customers,
including customers that choose to buy from other supplies, to recover costs for above-market resource
investments, figures on Anaheim's Competitive Transition Charge buy down, Anaheim large
commercial/industrial users - demand, Anaheim small commercial - monthly consumption, Anaheim
residential, review of Anaheim's progress to date (preparing for restructuring), Standard & Poors
Business Profile Rankings, July 14, 1997, strategic options update, Draft- Strategic Options Guiding
Principles (under review by the Public Utilities Board), and Anaheim's electric future.
Mr. Aghjayan also noted that it is going to be a competitive market. The local utility will still deliver the
power and collect for that service. He explained in the pie chart(s) presented, (see pg. 5 & 6 of the
handout submitted) that the only thing that is competitive is the 3.1 cents energy charge. When talking
about a 20% or 10% reduction in energy costs, they are talking about just the 3.1 cents and only 1/2 cent
per kwh until the Competitive Transition Charge (CTC) goes away. In the City's case, they must join by
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES AUGUST 19, 1997
January 1, 2000 if they wish to get the State sanctioned CTC. They do not have to join. Those who do
join will recover their costs through an access charge on the transmission system. Relative to the Power
Exchange (PX), they have the best of both worlds -- the option to use it or not use it which means they
might be able to do other deals and agreements that will be much more advantageous to the City. He
also emphasized during the course of his presentation, that they have to make certain they can protect
transfers to the General Fund and contributions made to the Undergrounding Conversion Program, both
at 4%. Staff will come back in November/December with a list of projects they are recommending.
After Mr. Aghjayan's extensive and detailed presentation, Council Members posed a line of questions on
several issues which were answered by both Mr. Aghjayan and Mike Bell, Assistant General Manager,
Finance & Administration/Public Utilities.
In concluding, Mr. Aghjayan confirmed for the Mayor that the Council will be getting an update on the
matter around mid October when the Phase I study (identification of strategic alternatives) will be
presented.
Mayor Daly thanked Mr. Aghjayan and his staff for the informative presentation.
REQUEST FOR CLOSED SESSION:
City Attorney Jack White requested a Closed Session noting first that there were no additions to
Closed Session items.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closed Session items.
The following items are to be considered at the Closed Session.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a) - Existing Litigation:
Name of case: Delmonico, et al. v. City of Anaheim, et al. (and 18 related cases) Orange County
Superior Court Case No. 70-80-71.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: __
case.
one potential
RECESS - CLOSED SESSION:
Mayor Daly moved to recess into Closed Session. Council Member Zemel seconded the motion.
MOTION CARRIED. ( 3:55 p.m.)
AFTER RECESS:
The Mayor called the meeting to order, all Council Members being present, and welcomed those
in attendance to the Council meeting. (5:12 p.m.)
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES AUGUST 19, 1997
INVOCATION:
Pastor David Koll, Anaheim Christian Reformed Church, gave the invocation.
FLAG SALUTE:
Council Member Zemel led the assembly in the Pledge of Allegiance to the Flag.
119: PRESENTATION - COMMUNITY REDEVELOPMENT COMMISSION AND HOUSING
COMMISSION: Recognizing the members of the Redevelopment Commission and Housing
Commission for their service to the City.
Mayor Daly. Lisa Stipkovich, Executive Director of Community Development will read off the names of
the commissioners assisted by Bertha Chavoya, Housing Manager, and Richard Bruckner,
Redevelopment/Economic Development Manager. Plaques will be presented to the commissioners for
their service. He first explained that sometimes in the course of local government there are
reorganizations and reforms. In this case, because of the shifting workload in City government, the
Council decided to merge the two commissions. It does not mean they are going out of business for the
functions they have been performing so well over the years. The advice they have given has been
crucial but it was determined that the merging of the two bodies would be more effective. Some of those
serving will hopefully be continuing on the new commission which will be the new Redevelopment and
Housing Commission consisting of seven members.
Lisa Stipkovich, Executive Director of Community Development. It is her pleasure to acknowledge the
people who have been serving on the Redevelopment Commission and the Housing Commission.
Adding up the years of service of those serving totals over 100 years. She then introduced each of the
commissioners who were then presented with a Flying "A" plaque of appreciation by Mayor Daly:
Housing Commission - Norman Cook (14 yrs.), Joseph Ersek (21 yrs.), Marvin Gold (4 yrs.), Margaret
Patino (12 yrs.), Jose Valenzuela (7 yrs.). Community Redevelopment Commission - Thomas Holguin (4
yrs.), Robert Linn (5 yrs.), Paul McMillan (6 yrs.), Cheryl Perreira (4 yrs., unable to be present), Mary
Ruth Pinson (5 yrs.), Douglas Renner (16 yrs.), Steve Sheldon (2 yrs.).
119: PRESENTATION - RECOGNIZING PROJECT SAY: Presentation by the Orange County
Probation Department recognizing Project SAY and outreach workers, Jesse Cisneros, George Morales
and Community Services Supervisor, Debbie Moore for their contributions to the Probation Department's
Barley Flats Camp Collaborative over the past three years and the services provided to Anaheim youth.
Mr. Bill Brooks, Division Director, Orange County Probation Department. He is pleased tonight to honor
the City's Project SAY along with three City employees. He has worked with 31 cities and many gang
intervention programs and has never met a finer group of people than those involved in Anaheim's
Project SAY program. He then presented plaques to Debbie Moore, Jesse Cisneros and George
Morales who coordinated the Probation Department's Barley Flats Camp Collaborative for three years in
a row involving 40 to 50 kids from Anaheim and Buena Park.
Mayor Daly. He thanked Mr. Brooks for recognizing the City and the three employees, key workers in
Project SAY, one of the most important youth programs the City has to offer. He asked that Mr. Brooks
convey the City's thanks to the Probation Department for this recognition.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES AUGUST 19, 1997
RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
DECLARATION recognizing Bob Villalobos on his retirement from IBEW, Local 47.
PROCLAMATION recognizing August 30, 1997, as Lifeguard Orange County Day.
PROCLAMATION recognizing September 22, 1997, as American Business Women's Day.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,728,135.90 for the period ending
August 15, 1997, in accordance with the 1997-98 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment Agency meeting. (5:30
p.m.)
Mayor Daly reconvened the City Council Meeting ( 5:31 p.m.)
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Josie Montoya, United Neighborhoods, 221 N. Coffman, Anaheim. There are four representatives from
the Ponderosa Park area who wish to speak. She first asked if a translator was available; there being
none, she acted as translator on request by Mayor Daly.
Arturo Hutardo, speaking through an interpreter (Jose Montoya). He is a resident of Emerald Springs
Apartments (converting to Dolphin Cove time shares). He heard it said what they were speaking on
tonight is the tenant relocation plan for the Dolphin Cove Resort. He has a copy of the tenant relocation
plan (a copy was later submitted) which says tenants will be given 90 day's notice before they are asked
to leave their apartments. There are 135 families involved. They would also be given a security deposit
and moving costs from $500 to $2,000. This was approved by the Planning Commission. They were not
given notice and some of the families were given as little as 10 day's notice. They have started to lock
out tenants and locked security gates even though the full rent is paid up to August 24, 1997. The only
way they can get to their apartment is through the garage which is a fire hazard.
Council Member Zemel. He would like the City Attorney to address the jurisdiction of the City in this
regard.
City Attorney White. There is existing litigation concerning this matter. A law suit has been filed by
certain of the tenants against not only the developer-owner of the property but also naming the City as an
additional defendant based upon the theory that the City approved the plan for the conversion of the
apartments to time shares and, therefore, should have some liability on those grounds. With regard to
the rights of the tenants, those are matters of landlord-tenant law covered in provisions of State law as
well as in any rental agreement tenants may have with the owner or operator of the property. The City
Council is not the deciding body that can adjudicate rights between landlords and tenants. Those are
controlled by the Municipal and Superior Court. The Council cannot direct the owner of the property to do
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES AUGUST 19, 1997
something even if what the owner is doing is illegal. It has to be done through a civil process through the
courts. While anyone has the right to address the Council on issues relating to City business, as far as
he knows, this matter is one between the landlord and the tenants and the tenants should get proper
legal advice and have the right to pursue whatever legal remedies they have after getting that advice.
Josie Montoya. These four people represent the 100 people who are presently outside in front of City
Hall. They are very anxious to be heard but no one has listened. If the Council will give those present
the opportunity to speak a few minutes, she will make sure they understand the Council cannot take a
position at this time.
Concepcion Alan (sp). She stated they are living like they are in jail. They do not have a key to go into
their house and have to go through the gates. Their children go to school, but sometimes it is too late
because they cannot go out their front door. They are not free to talk to the neighbors because security
comes and does not let them do so. It is not decent to have to live like they do. They have to give the
tenants some respect. They have paid their rent. They deserve some respect and feel the Council can
help.
Mayor Daly. As the City Attorney explained, this is strictly between tenants and the landlord and the
process for the tenants is through the civil courts.
A woman, also a resident of Emerald Springs Apartments, then spoke (through Mrs. Montoya as the
interpreter). She wants to know why the security guards that work there treat them in the manner that
they do. She was returning to her home and one of the guards put a pistol to her head. He treats the
children badly. They have taken toys and a bicycle and thrown it in the trash. The guard says they are
illegal so they do not have rights. He tells them they do not have a right to live there and have to go
back to Mexico. They would like to know how the Council can help them. They all pay their rents.
Some were told one thing and some another in regards to the notice given. They want an answer
because it is becoming more difficult every day. She is nervous and frightened and cannot live like this.
She hopes they can help because they are the authority.
Josie Montoya. She understands the City Attorney regarding the litigation, but the tenant relocation plan
was approved and signed by the City Planning Commission and that is why the tenants are here. They
felt it would be proper to bring their concerns before the Council. People even after paying their full
month's rent are being pushed out with one and two week's notice. Security guards tell them they have
to be inside their homes by 8:00 P.M. and have held people at gun point. There are a lot of violations of
civil rights. There is a contract between Dolphin Cove and the City to build condominiums. They signed
a contract with the Planning Commission saying they are going to give the tenants all these rights -- 90
day's notice and moving expenses, etc., and none of that is happening. If this is not the proper place,
then somebody needs to direct them where they can get proper answers. Maybe they need to wait until it
goes to court. The families are surviving day by day. They have been supported by an organization,
which she named, and also United Neighborhoods. The front door locks were all changed and they
were not given keys and they have paid their rent. They hired an attorney on the day they got locked
out.
Mayor Daly. Reference has been made to Planning Commission approval and signing a contract
involving relocation of the tenants.
City Attorney White. It is his understanding in checking with staff who was at the Planning Commission
hearing, the property owner submitted a proposed relocation plan as to how they planned to deal with the
existing tenants. They did it voluntarily and not because it was required. The Planning Commission did
not impose a condition of approval of the project requiring the developer to comply with that relocation
plan. The plan was received, but the Planning Commission did not act on it or impose obligations. If
there are violations of the law occurring, the tenants need to consult with their own attorney and pursue
those as a civil matter. The City Council does not have the jurisdiction to deal with this or take any
action.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES AUGUST 19, 1997
Mayor Daly. To summarize, the developer of the time share resort submitted a relocation plan to the
Planning Commission. The Planning Commission took no action on that and had no involvement with it.
It was simply presented (see copy of the plan submitted -- made a part of the record). City government
and the Planning Commission is not a party to that document.
Josie Montoya. She thanked the Council for clarifying the matter. On the plan itself, with the signature
of the Planning Commission, it is easy to believe that the Commission asked for that. She will talk to the
tenants about whatever actions they need to take either with the Police Department or Fair Housing --
whatever agencies can assist them. She will go back outside and explain the procedures to them.
Josie Montoya, United Neighborhoods, 221 N. Coffman, Anaheim. Another subject is follow up on the
Jeffrey-Lynne Community Center Issue where procedures were accepted and adopted by the Council.
They told Mr. Ruth last Tuesday morning that they would be monitoring the food distribution program to
be sure that it is straightened out and corrected. She assembled a committee from the residents and
from the broader community. On Friday morning, food distribution was scheduled at 12:00 noon. About
8:00, she received a call that one of the agencies was pulling out and would not deliver the food that day
because they were dissatisfied that the Director of the Community Center was not responding to the
procedures they were asking them to follow. She then explained in detail what happened after she was
successful in getting the people in Santa Ana to release the food to herself and volunteers but were then
thwarted in their attempts to do so. In the final analysis, they got the food released and it was brought
back and distributed. The Center staff distributed other food they received from Catholic Charities. She
feels if City staff spent less time trying to circumvent their efforts and cooperated more, the needs of the
community would be met. She would think the employees working under Community Services would be
anxious to do whatever they could to assist. She would like Mr. Ruth or somebody to let her know who
from City staff will meet with them this week and plan for the food distribution on Friday. They have
found an alternative location in Jeffrey Lynne that is a building owned by St. Boniface Church. They just
need the cooperation of City staff to meet with them and work the situation out.
Mayor Daly. He asked Mr. Ruth if he had comments or a response on the subject of food distribution or
will give a follow up on that in coming days.
City Manager Ruth. Staff will follow up immediately and will be in touch with Mrs. Montoya in the next
day or so to determine who on staff will work with them cooperatively to make sure the food is distributed
in a timely fashion.
PUBLIC COMMENTS - AGENDA ITEMS:
Public input was received on Item Al0 (see discussion under that item).
MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon
for the Council meeting of August 19, 1997. Council Member Zemel seconded the motion. MOTION
CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR ITEM A1 - A19: On motion by Mayor
Daly, seconded by Council Member Zemel, the following items were approved in accordance with the
reports, certifications and recommendations furnished each Council Member and as listed on the
Consent Calendar; Mayor Daly offered Resolutions Nos. 97R-157, for adoption. Mayor Daly offered
Ordinance No. 5610 (urgency) for adoption. Refer to Resolution/Ordinance Book.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES AUGUST 19, 1997
Al.
A2.
A3.
A4.
A5.
118: Rejecting and denying certain claims filed against the City. Referred to Risk Management.
The following claims were filed against the City and actions taken as recommended:
a. Claim submitted by Jamel Elabed for property damage sustained purportedly due to actions
of the City on or about March 13, 1997.
b. Claim submitted by Gwendolyn Allen for bodily injury sustained purportedly due to actions of
the City on or about October 27, 1997.
c. Claim submitted by Pervies Lee Ary, II for bodily injury sustained purportedly due to actions of
the City on or about September 1, 1997.
173: Receiving and filing a Notice of Application submitted by S.A. Karim Aghaseyedali dba
Advance Shuttle, filed before the Public Utilities Commission, to seek authority to provide on-call
door-to-door, shuttle service between certain points in Los Angeles, Orange and San Diego
counties on the one hand, and John Wayne Airport, Los Angeles International Airport, Long
Beach Airport, and the Los Angeles and Long Beach Harbors on the other hand.
105: Receiving and filing a Disclosure of property interests in Redevelopment Areas by Robert
Napoles.
112: Receiving and filing the Supplemental Law Enforcement Services Funds (SLESF) Report
for the month of July, 1997, as submitted by the City Treasurer.
117: Receiving and filing the Investment Portfolio Report Executive Summary for the month of
July, 1997, as submitted by the City Treasurer.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting held July 2,
1997.
140: Receiving and filing the Anaheim Public Library Monthly Statistical Report for the month of
June, 1997, and the Fiscal Year for 1996/1997.
106: Amending the FY 1997/98 Public Works Department Capital Improvement budget to
incorporate $450,000 from sewer maintenance reserves, for the Crescent Avenue Sewer
Maintenance project to cover construction, staff, and contingency costs.
164: Awarding a contract to the lowest responsible bidder, Seven C's Construction, Inc., in the
amount of $319,842 for Crescent Avenue Sewer Maintenance Deficiency Improvements from
Brookhurst Street to Gilbert Street; and in the event said Iow bidder fails to comply with the
terms of the award, awarding the contract to the second Iow bidder, as well as waiving any
irregularities in the bids of both the Iow and second Iow bidders.
158: Approving the Acquisition Agreement for 425 West Katella Avenue (R/W 5180-27 - Katella
Avenue Smart Street Improvement Project); approving the Right-of-Entry Agreement;
authorizing the Mayor and City Clerk to execute the Agreements; and authorizing the acquisition
payment of $23,000 to Arvind Patel and Parvati Patel.
169: Awarding a contract to the lowest responsible bidder, Nobest Incorporated, in the amount of
$478,173.50 for Zeyn Street Improvements from Sycamore Street to La Palma Avenue; and in
the event said Iow bidder fails to comply with the terms of the award, awarding the contract to the
second Iow bidder, as well as waiving any irregularities in the bids of both the Iow and second
Iow bidders.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES AUGUST 19, 1997
A6.
123: Approving an Agreement with UMA Engineering, Inc., in an amount not to exceed $50,000
for the final plans, specifications and engineering estimates on Imperial Highway Bridge
Widening over the Santa Ana River Improvements; and authorizing the Mayor and City Clerk to
execute said Agreements, and waiving Council Policy No. 401 regarding the selection of UMA
Engineering, Inc.
A7.
123: Approving Program Supplement No. M003 (Federal Aid Intermodal Surface Transportation
Efficiency Act Agreement No. 12-5055) with the California Department of Transportation for the
Harbor Boulevard - State Route 91 to La Palma Avenue street improvement project.
A8.
158: Approving the Acquisition Agreement for 615 West Katella Avenue (R/W 5180-16 - Katella
Avenue Smart Street Improvement Project); approving the Grant of Access easement and Right-
of-Entry Agreements; authorizing the Mayor and City Clerk to execute said Agreements; and
authorizing the acquisition payment of $120,000 to Arvind Patel and Parvati Patel.
A9.
123: Approving the Agreements with Stephen G. White and Thomas M. Pike, in an amount each
not to exceed $100,000 annually for appraisal services in connection with the Katella Avenue
Smart Street and the Anaheim Resort Area Acquisition programs.
Al0.
160: Accepting the Iow bid of Orange Courier, in the amount of $31,000 for a period of ten
months beginning September 1, 1997, through June 30, 1998; and authorizing the Purchasing
Agent to exercise the option to renew for four one-year periods, for delivery service, in
accordance with Bid #5699.
Joe Wirth, Executive Vice President, Norco Delivery Service, 1500 E. Babbitt Avenue, Anaheim. He is
asking that the bid for delivery services for the City be taken off calendar and resubmitted because they
feel it was not a fair bid as it was sent out to the public. Norco has been servicing Anaheim since 1985
and helped develop the delivery contract. On two occasions, the City accepted lower bids and within 90
days asked Norco to redo the services for them. He feels that a lot of misjustices were done and
explained what he believed those were. In concluding, he reiterated his request that the service be rebid
because of unfair advantage to the competition. He also asked that they disqualify Orange Courier from
the bid process. Their driver was told by an employee that they have already been awarded the bid and
have since hired their (Norco's) driver who has tendered his resignation as of September 1. This is
unfair business practice. He urged that they take the item off calendar and send it out to bid again.
City Manager Ruth. Staff has reviewed the concerns expressed by the former provider of the services
and just as of the meeting this evening, he got a response and has not had a chance to thoroughly
review it. He asked to hear from the Purchasing Agent.
Diane Hughart, Purchasing Agent. She answered the concerns expressed by Mr. Wirth in his
presentation regarding the proprietary route sheet. The mailing list that was sent out was developed by
Anaheim and it had attached addresses that were used previously by Norco. It was a 1994 listing
provided for the addresses only. It was covered with a new listing of all the routes currently in effect
under the current bid. There was nothing on the list that they have used for several years that indicated
it was proprietary. It was issued as part of the bid for addresses only. The dollar amounts given to the
bidders from the previous contract, which is public information, was qualified by saying the current
contract did not encompass everything that was in the current bid. They have taken three separate
areas of mail delivery service and combined them into the current bid. The previous contract price was
of little value and the bidders were made aware of this. Relative to the Norco employee, she cannot
address the issue of an employee choosing to go from one company to another. The driver did speak
with some of the mail personnel in her area. They were aware that Orange Courier had submitted a
lower bid than the company they were working for and indicated that to her personnel.
Council Member Lopez commented that the bids submitted showed a large spread from $31,000 all the
way up to one bid at $91,000.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES AUGUST 19, 1997
Diane Hughart. Any time there is that kind of spread, they verify with the bidders. The Buyer called a
post-bid conference with Orange Courier to make sure they understood the current route being bid and
that they did not make an arithmetical error. They said they had gone through the route and were
comfortable with the bid. They were aware that the last contract price was not inclusive of everything
that was going to be done this year. She (Hughart) also spoke to the President of Orange Courier and
she did verify that with her.
Mayor Daly. He asked the City Manager if staff is continuing to recommend the award of contract to
Orange Courier; City Manager Ruth answered yes.
All.
A12.
A13.
A14.
A15.
A16.
A17.
160: Accepting the Iow bid, and authorizing the execution of a contract to Sunkist Building
Maintenance Co., for janitorial services at the Police Department, in an amount not to exceed
$35,280 for two years, with three one-year optional renewals, commencing September 1, 1997;
and authorizing the Chief of Police to exercise renewal options, in accordance with Bid #5692.
116: Approving the funding recommendations, and a one-year extension of existing training
agencies identified in Exhibit 1 for the delivery of JTPA training services through June 30, 1998;
and authorizing the JTP Manager to execute the necessary subcontract agreements and
modifications thereto; and approving the selection of new JTPA training agencies for the period
of July 1, 1997, through June 30, 1998, in accordance with Exhibit 2, and authorizing the JTP
Manager to execute the necessary subcontract agreements and any modifications.
123: Approving a JTPA Agreement between the City of Anaheim and the Anaheim Union High
School District in the amount of $590,000 to provide for work experience and related academic
enrichment activities for youth participants, and authorizing the City Manager to execute said
Agreement and any modifications thereof; and approving a JTPA Agreement between the City of
Anaheim and the NOCROP in the amount of $220,754 to provide work experience and related
academic enrichment activities for JTPA youth participants, and authorizing the City Manager to
execute said Agreement and any modifications.
113: RESOLUTION NO. 97R-157: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE
THAN TWO YEARS OLD. (BUDGET DIVISION.)
153: Approving an amendment to the current agreement for the 1997 rates for the Kaiser "Q"
Health Plan of $123.62 for single coverage and $329.32 for family coverage, effective August 1,
1997; and authorizing the Human Resources manager to sign the amendment to the current
agreement on behalf of the City.
171: ORDINANCE NO. 5610: (URGENCY) AN ORDINANCE OF THE CITY OF ANAHEIM
FIXING AND LEVYING A PROPERTY TAX ON FULL CASH VALUE OF ALL PROPERTY
WITHIN THE CORPORATE LIMITS OF THE CITY OF ANAHEIM FOR THE FISCAL YEAR
1997/98, DECLARING THE URGENCY THEREOF, AND DECLARING THAT THIS
ORDINANCE SHALL TAKE IMMEDIATE EFFECT AS AN EMERGENCY MEASURE.
(FY1997/98 AD VALOREM TAX PERCENTAGE OF FULL CASH VALUE FOR REDEMPTION
OF GENERAL OBLIGATION BONDS AT A PERCENTAGE OF .004697 PER HUNDRED
DOLLAR OF FULL CASH VALUE.)
123: Approving the Department of Transportation Agreement No. 12234 for Segment A2 Water
Facilities, to relocate, reconstruct and/or abandon facilities for the I-5 Freeway Widening Project.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES AUGUST 19, 1997
A18.
A19.
123: Approving a Reimbursement Agreement between the City of Anaheim and Walt Disney
World Company, and authorizing the Public Utilities General Manager to reimburse Disney for
installation of Electrical Facilities installed in coordination with the Disney Resort and Anaheim
Resort Area public and private improvements.
123: Approving the Participating Agency Agreement between the City and the County Health
Care Agency allowing the City to continue to operate its four hazardous material programs during
the pendency of the City's lawsuit for Declaratory Relief and Writ of Mandate; and authorizing
the City Manager to sign the Agreement on behalf of the City.
Roll Call Vote on Resolution No. 97R-157 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 97R-157 duly passed and adopted.
Roll Call Vote on (ur.qenc¥) Ordinance No. 5610 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared (urgency) Ordinance No. 5610 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
ITEMS B1 - B3 FROM THE ZONING ADMINISTRATOR MEETING OF JULY 31, 1997
DECISION DATE: AUGUST 7, 1997
INFORMATION ONLY -APPEAL PERIOD ENDS AUGUST 22, 1997:
B1.
179: ADMINISTRATIVE ADJUSTMENT NO. 124 CATEGORICALLY EXEMPT, CLASS 3:
OWNER: CHURCH OF CHRIST OF PLACENTIA AVENUE, 311 North State College
Boulevard, Anaheim, CA 92805
AGENT: ANDREW A PEREZ, 1099 South Burlwood Drive, Anaheim, CA 92807
LOCATION: 311 North State Colleqe Boulevard. Property is 2.3 acres having a frontage of 155
feet on the west side of State College Boulevard, with a maximum depth of 640 feet; being
located 765 feet south of the centerline of Sycamore Street.
Waiver of maximum height of fences, walls and hedges in rear and side yards. To construct an
8-foot high blockwall along a portion of the rear property line.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 124 APPROVED (ZA DECISION NO. 97-14).
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES AUGUST 19, 1997
B2.
179: VARIANCE NO. 4310, CATEGORICALLY EXEMPT, CLASS 1:
OWNER: Mr. Satwant Singh Sangha, 254 North Sagamore Street, Anaheim, CA 92807
AGENT: Shiv Talwar, 3262 Forest Meadow Drive, Chino Hills, CA 91709
LOCATION: 254 North Sa.qamore Street. Property is 0.12 acre located on the east side of
Sagamore Street, with a maximum depth of 100 feet and is located 100 feet south of the
centerline of Bainbridge Avenue.
Waiver of maximum lot coverage permitted; to construct a 398 square foot room addition to an
existing 1,680 square foot single-family residence.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4310 APPROVED (ZA DECISION NO. 97-15).
B3.
179: CONDITIONAL USE PERMIT NO. 3600 AND NEGATIVE DECLARATION:
OWNER: IMPERIAL PROPERTIES PARTNERSHIP, c/o ESSEX REALTY MGMT., INC., 3146
Redhill, Ste. 150, Costa Mesa, CA 92626
AGENT: YVES MASQUEFA, 5753-A east Santa Ana Canyon Road, Anaheim, CA 92807
LOCATION: 5753-A East Santa Ana Canyon Road (Yves Bistro). Property is 15.33 acres
located at the northeast corner of the Santa Ana Canyon Road and Imperial Highway.
To amend a condition of approval pertaining to a 650 square foot semi-enclosed portion of an
existing 2,347 square foot restaurant of beer and wine for on-premises consumption.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
APPROVED the modification and amendment to the conditions for CUP
NO. 3600 (ZA DECISION NO. 97-16).
Negative Declaration previously approved.
END OF THE ZONING ADMINISTRATOR ITEMS.
ITEMS B4 - B12 FROM THE PLANNING COMMISSION MEETING OF AUGUST 4, 1997:
INFORMATION ONLY -APPEAL PERIOD ENDS AUGUST 26, 1997:
B4. 155: MODIFICATION OF MITIGATION MONITORING PROGRAM NO. 0079 -AMENDMENT
NO. 1 TO THE HOTEL CIRCLE SPECIFIC PLAN NO. 93-1, (ZONING AND DEVELOPMENT
STANDARDS) - AMENDMENT OF CONDITION NO. 7 OF ORDINANCE NO. 5443 AND
MITIGATED NEGATIVE DECLARATION (PREV. APPROVED)
OWNER: KASH PARTNERSHIP, Bhikhubhai V. Patel & Pushpa Patel, Mayur B. & Kalpana M.
Patel, TSB Crystal Partnership, 650 Town Center Drive, Suite 1910, Costa Mesa, CA 92626
AGENT: ELFEND & ASSOCIATES, 610 Newport Center Drive, Suite 1290, Newport Beach,
CA 92660
LOCATION: Subject 5.95-acre property is irregularly-shaped with frontages of approximately
246 feet on the east side of Clementine Street, 576 feet on the west side of Zeyn Street, 100 feet
on the east side of Zeyn Street, 100 feet on the west side of Anaheim Boulevard, and 254 feet
on the north side of Katella Avenue and further described as 1742 and 1754 South Clementine
Street; 1730, 1733, 1743 and 1755 S. Zeyn Street; 1733 South Anaheim Boulevard; and, 201
West Katella Avenue.
To consider the followinq proposal:
Amendment of the Hotel Circle Specific Plan No. 93-1 to modify zoning and development
standards relating to reestanding theme signage, wall signage, vacation ownership units and
parking.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES AUGUST 19, 1997
Modification of Mitigation Monitoring Program No. 0079 to delete two measures relating to
required installation of reclaimed water lines for landscape irrigation and installation of an 8-foot
high construction barrier adjacent to construction areas.
Modification of Condition of Approval No. 7 of Ordinance No. 5443 to delete the requirement for
a sidewalk on both sides of Hotel Circle Drive (private drive).
ACTION TAKEN BY THE PLANNING COMMISSION:
Determine that the previously-approved Mitigated Negative Declaration (incorporating the
measures set forth in the Modified Mitigation Monitoring Program No. 0079) is adequate to serve
as the required environmental documentation for the proposed project actions.
Modified Mitigation Monitoring Program No. 0079, amending the mitigation measure
pertaining to construction barriers to provide flexibility for shorter fences (i.e., 6 feet versus 8
feet) and alternative fencing materials (i.e., chain link with scrim) when sound attenuation is not
at issue (i.e., along Katella Avenue and Zeyn Street). Further, retained the measure pertaining
to reclaimed water lines.
Recommended to the City Council partial approval of the requested amendments to the Hotel
Circle Specific Plan Zoning and Development Standards as follows:
(1) Approved the requested amendment relating to timing for conversion of existing hotel
units to vacation ownership units from five to eight years following the adoption of the Specific
Plan (the five year time frame would end in August of 1999 versus the eight year time frame
which will end in August of 2002);
(2) Approved the provision to permit hotel units and vacation ownership units on a
permanent basis within the same hotel building subject to the approval of a Conditional Use
Permit (not permitted by right as proposed by the applicant);
(3) Approved the requested amendment to provide for subterranean parking;
(4) Approved the provision to allow the consideration of theme signage subject to the
approval of a Conditional Use Permit (not permitted by right as proposed by the applicant); and,
(5) Denied the requested amendments relating to increases in wall signage and freestanding
monument signage.
VOTE: 6 yes votes, 1 no vote PC97-108
Recommend that the City Council deny the request to modify Condition of Approval No. 7 of
Ordinance No. 5443 pertaining to required pedestrian sidewalks/access.
VOTE: 7 yes votes PC97-109.
THIS ITEM HAS BEEN SET FOR A PUBLIC HEARING BEFORE THE CITY COUNCIL ON
SEPTEMBER 9, 1997.
B5.
134: GENERAL PLAN AMENDMENT NO. 350 AND NEGATIVE DECLARATION:
OWNER: STAFF-INITIATED (PLANNING DEPARTMENT), 200 South Anaheim Boulevard,
Anaheim, CA 29805
LOCATION: 2627 East La Palma Avenue - La Palma Mobile Home Park. Property is 13.58
acres located on the northeast corner of Miraloma Avenue and La Palma Avenue.
Staff-initiated amendment of the Land Use Element of the General Plan to redesignate this
property from the existing Medium Density Residential land use designation to the Low-Medium
Density Residential land use designation. Property is 13.58 acres located on the northeast
corner of Miraloma Avenue and La Palma Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended approval of GPA NO. 350, Exhibit A, to City Council
(PC97-110) (6 yes votes, 1 absent).
Approved Negative Declaration.
THIS ITEM HAS BEEN SET FOR A PUBLIC HEARING BEFORE THE CITY COUNCIL DUE TO THE
GENERAL PLAN AMENDMENT.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES AUGUST 19, 1997
B6.
179: CONDITIONAL USE PERMIT NO. 1731 AND NEGATIVE DECLARATION:
OWNER: LA LANGOSTA MEXICAN RESTAURANT, Attn: Cheng Chai Lee and Jin Yen Lee,
408 South Brookhurst Street, Anaheim, CA 92804
AGENT: MICHAEL MIGAN, 2400 East Katella Avenue, Suite 640, Anaheim, CA 92806
LOCATION: 408 South Brookhurst Street - La Lan,qosta Mexican Restaurant. Property is 0.3
acre located on the east side of Brookhurst Street, 516 feet south of the centerline of Broadway.
To amend or delete conditions of approval pertaining to a time limitation to retain an existing
restaurant with sales of beer and wine for on-premises consumption.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved modification to conditions of approval, to expire 8/4/99 (PC97-111)
(7 yes votes).
Negative Declaration previously approved.
This item was subsequently appealed by the Attorney for the applicant Michael Migan, in letter dated
August 20, 1997 and, therefore, a public hearing will be scheduled at a later date.
B7. 179: CONDITIONAL USE PERMIT NO. 3845 - CATEGORICALLY EXEMPT, CLASS 1:
OWNER: HARRY AND LOLA ELMAN FAMILY TRUST, Attn: Paul Elman, 9808 Pangborn
Avenue, Downey, CA 90240
LOCATION: 2054 South Euclid Street, Unit H.C.W. Health Company. Property is 2.43 acres
located north and east of the northeast corner of Orangewood Avenue and Euclid Street.
To amend or delete conditions of approval pertaining to a time limitation to retain an
acupuncture/acupressure (massage) facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
Denied the request to amend or delete Condition No. 2 of Resolution No.
PC96-54 pertaining to time limitation.
B8. 179: CONDITIONAL USE PERMIT NO. 3954 AND MITIGATED NEGATIVE DECLARATION:
OWNER: BRUNSWICK CORPORATION, Attn: Richard O'Brien, 1 Field Court, Lake Forest,
Illinois 60045
AGENT: JAMES CHOI, 19200 South Pioneer Boulevard, Cerritos, CA 90703
LOCATION: 1111 North Brookhurst Street (formerly Circle Seal). Property is 13.5 acres located
on the west side of Brookhurst Street, 190 feet north of the centerline of La Palma Avenue.
To establish a church within an existing 85,500 square foot industrial building.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3954 GRANTED (PC97-113) (6 yes votes, 1 absent).
Approved Negative Declaration.
Mayor Daly. It appears that the Planning Commission adopted the staff recommendations with minor
adjustments. Staff recommended approval of the church with 33 conditions. He asked if there were any
changes the Planning Commission made to the staff recommendation.
Greg Hastings, Zoning Division Manager. The Planning Commission actually took into consideration the
Planning Departments recommendation and it was approved in that fashion. They did receive an artist's
rendering of the church but staff is asking that actual elevations be brought back to the Commission to
assure that they match the rendering a view from each side of the building including the height, width,
materials, etc.
Mayor Daly. He notes that an 85' high tower is proposed.
13
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES AUGUST 19, 1997
Mr. Hastings answered that was correct located approximately in the center of the property. They did
evaluate that in relationship to the residents and both staff and Planning Commission felt it appropriate
based on the location.
Mayor Daly asked if that is a typical height for a tower and cross for a church or is it higher than usual.
He is thinking about the existing character of that neighborhood. The height proposed is about eight
stories.
Joel Fick. It will be a visible architectural feature. Staff had a similar interest and did line-of-sight
drawings.
Mayor Daly then posed a line of questioning relative to specifics of the exterior look of the proposed
church building which were answered by both Mr. Hastings and Fick.
Council Member Lopez asked for clarification on where the eight-story tower was going to be located.
Greg Hastings. It is approximately in the center of the property and 200' from the residents. As seen
from Brookhurst to the west property line, there will be a building between the residents and the tower.
The tower is free-standing in the middle of the courtyard and with a cross. If there is to be any lighting at
all, that is to come back to the Planning Commission. Also, they requested a condition that there be no
bells or any music involved with that tower.
Mayor Daly. He asked that while the meeting continues, that staff bring the renderings to the Council.
He feels they need to be sensitive to the surrounding single-family neighborhoods. It may well be that an
eight-story tower works with the proposed rebuilding of the property. It would be helpful to see some
comparisons as to steeples, towers and heights of other churches in the community in residential areas.
Council Member Lopez asked if the residents had been made aware there is going to be a tower that will
be seen from the neighborhood; Joel Fick. All residents within 300' were notified by mail of the Public
Hearing. He confirmed from the Mayor, however, that details are not included in the notification. Upon
special request of Council or the Planning Commission, they could include more details but they try to be
consistent in their legal notification.
Later in the meeting, Mr. Fick reported that a rendering was submitted to the Planning Commission but in
accordance with the legal exhibit policy, it has been sent out for photographing prior to any other Public
Hearings or public review. In the meantime, they did check on the height issue and some of the City's
older churches and synagogues predate the City's CUP for the steeple height so that information is not
available without further research. Some of the other recently-constructed churches are San Antonio in
Anaheim Hills with a steeple/tower of 48', the steeple for the new church recently approved off West
Street is 30'. Some very large towers include the PacBell microwave tower at 225'. In order to give
more detail on older churches, more research would need to be done.
Mayor Daly. He feels that the nearby residential community deserves the opportunity to understand how
high the proposed tower will be. It is a positive step to see this property about to be rehabilitated as a
church (the former Circle Seal property). He has concerns with the height and is, therefore, requesting
that the matter be set for a future Public Hearing to review the Planning Commission's decision; Council
Member McCracken concurred.
A Public Hearing will be set at a later date and, as suggested by staff, Mayor Daly confirmed that it would
be appropriate for the legal notice to indicate that the project includes an 80' tower; Mr. Fick clarified that
the tower is 73' with a 12 ft. cross at the top of the steeple.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES AUGUST 19, 1997
B9.
179: CONDITIONAL USE PERMIT NO. 3958 AND NEGATIVE DECLARATION:
OWNER: AZIZ F. AWAD, 814 N. Modena Street, Anaheim, CA 92801
LOCATION: 240 South Euclid Street. Property is 0.64 acre located on the east side of Euclid
Avenue, 330 feet north of the centerline of Broadway.
To permit the conversion of 4,752 square foot, 2-unit, commercial office building to an 8-unit
commercial retail center.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3958 GRANTED (PC97-114) (6 yes votes, 1 absent).
Approved Negative Declaration.
REPORT AND RECOMMENDATION ITEMS:
B10. 179: CEQA NEGATIVE DECLARATION (PREVIOUSLY APPROVED)
CONDITIONAL USE PERMIT NO. 3926 - REQUEST FOR DETERMINATION OF
SUBSTANTIAL CONFORMANCE: Dennis Von Lossberg, 11870 Beach Boulevard, Stanton, CA
90680, requests determination of substantial conformance for a previously-approved trailer sales
lot and repair facility. Property is located at 721-725 South Beach Boulevard.
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined that submitted plans are not in substantial conformance with previously approved
plans for CUP NO. 3926.
Negative Declaration previously approved.
Bll.
179: CEQA EXEMPTION SECTION 15061(b)(3) CODE AMENDMENT NO. 97-09 - TIME
LIMIT FOR AMENDMENTS, CONDITIONAL USE PERMITS, ADMINISTRATIVE USE
PERMITS, VARIANCES AND ADMINISTRATIVE ADJUSTMENTS: City-initiated request to
modify provisions for (a) time limits to comply with conditions of approval for entitlements
granted by the City Council, Planning Commission and Zoning Administrator and (b) time limits
to continue exercising entitlements granted by the City Council, Planning Commission and
Zoning Administrator.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption of the draft ordinance to City Council.
ORDINANCE NO. 5611: (INTRODUCTION) Amending Sections 18.03.090, 18.03.092,
18.03.093 and 18.12.080 of Chapters 18.03 and 18.12 respectively, of Title 18 of the Anaheim
Municipal Code relating to Zoning procedures (time extensions for unexercised uses and time
limitations).
Mayor Daly offered Ordinance for first reading. Refer to Ordinance Book.
ORDINANCE NO. 5611: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING SECTIONS 18.03.090, 18.03.092, 18.03.093 AND 18.12.080 OF
CHAPTERS 18.03 AND 18.12 RESPECTIVELY, OF TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO ZONING PROCEDURES (TIME EXTENSIONS FOR UNEXERCISED
USES AND TIME LIMITATIONS).
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES AUGUST 19, 1997
B12.
179: CONDITIONAL USE PERMIT NO. 3851 - REQUEST FOR A RETROACTIVE
EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL AND NEGATIVE
DECLARATION (PREVIOUSLY-APPROVED)
David D. Harris of Tosco Marketing Company, 555 Anton Boulevard, Costa Mesa, CA
requests a retroactive extension of time to comply with conditions of approval.
located at 3731 East La Palma Avenue - Unocal service station.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved request for a retroactive extension of time (to expire 7/22/98) to
conditions of approval for CUP NO. 3851.
Negative Declaration previously approved.
92626,
Property is
comply with
Joel Fick, Planning Director clarified for Council Member Lopez that this item is a request for an
extension of time and beer and wine has already been approved.
END OF THE PLANNING COMMISSION ITEMS.
B13.
149: ORDINANCE NO. 5609: (ADOPTION) Amending Subsection .022 of Section 18.06.050
of Chapter 18.06 of Title 18 of the Anaheim Municipal Code relating to parking requirements.
(Introduced at the meeting of August 12, 1997, Item B15.)
Mayor Daly offered Ordinance No. 5609 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 5609: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SUBSECTION .022 OF SECTION 18.06.050 OF CHAPTER 18.06 OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO PARKING REQUIREMENTS
B14. 179: REQUEST FOR REHEARING - WAIVER OF CODE REQUIREMENT CONDITIONAL
USE PERMIT NO. 3945 AND NEGATIVE DECLARATION:
OWNER: SANDERSON J. RAY DEVELOPMENT, 2699 White Road, Irvine, CA 92714
AGENT: ROBERT ENGEN, 701 South Parker Street, Suite 1000, Orange, CA 92868
LOCATION: 1320 East Sanderson Avenue. Property is 1.56 acres located at the southwest
corner of Sanderson Avenue and Phoenix Club Drive.
To establish a church and elementary school for up to 49 children within an existing 12,400
square foot office building with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3945 GRANTED (PC97-86) (6 yes votes, 1 absent).
Approved waiver of code requirement.
Approved Negative Declaration.
A review of the Planning Commission's decision was requested by Council Members McCracken and
Lopez at the meeting of July 15, 1997 and Public Hearing scheduled for the meeting of August 5, 1997
where discussion and input was received. Subsequently, the Public Hearing was continued to August 12,
1997 where additional testimony was received (see minutes of 8/5 and 8/12/97). Following the hearing,
the Council denied CUP No. 3945 (Resolution 97R-154). A Request for Rehearing was submitted by the
Agent, Robert Engen and was scheduled this date.
16
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES AUGUST 19, 1997
Mayor Daly. Last Tuesday, he abstained on this item (see minutes of 8/12/97, Public Hearing Item D4)
because his research indicated he had a potential conflict. Subsequently, he completed the research
and erred on the side of caution last week because he was not sure and thought he might have to
abstain. As it turns out, he does not have to abstain on this matter and will, therefore, be participating in
discussion and voting.
City Attorney White explained for the Mayor that the Council has the declaration of the petitioner which
was submitted with the Request for Rehearing based upon two grounds (see Affidavit of Merit
submitted). He believes it is totally discretionary with the Council on whether or not they wish to
entertain a rehearing.
Council Member Zemel. He referred to the Affidavit of Merit under item 4 relative to the lack of
confidence in the covenant. There was some discussion at the podium last week on the issue. He asked
if there was a written agreement between the applicant and the Phoenix Club; City Attorney White
answered no, none that he is aware of. He then recounted the conversation that took place at the last
meeting relative to the covenant which did not guarantee that there would not be subsequent challenges
made by persons who were not parties to the covenant. The church in its own name could sign an
agreement that it would not object to any future ABC license or noise from the activities at the Phoenix
Club, but that would not restrict members of the church or people not members of the church from
complaining or filing law suits. That was the reason for that discussion.
MOTION. Council Member Tait moved to approve the Request for a Rehearing on CUP 3945.
Member Zemel seconded the motion. The motion failed to carry by the following vote:
Noes: McCracken, Lopez, Daly - Ayes: Tait, Zemel.
The request for rehearing was denied.
Council
ADDENDUM TO THE AUGUST 19, 1997, ANAHEIM CITY COUNCIL AGENDA
ITEM B15 FROM THE PLANNING COMMISSION MEETING OF AUGUST 18, 1997:
INFORMATION ONLY -APPEAL PERIOD ENDS AUGUST 28, 1997:
B15.
170: TENTATIVE TRACT MAP NO. 15500, VARIANCE NO. 4314 -SPECIMEN TREE
REMOVAL PERMIT NO. 97-01 AND NEGATIVE DECLARATION:
OWNER: THOMAS Q. NICHOLSON, 1421 North Wanda Road, Suite 160, Orange, CA 92667
AGENT: SALKIN ENGINEERING CORP., ATTN: GEORGE KERNS, 1215 East Chapman
Avenue, #2, Orange, CA 92866
LOCATION: 325 South Fairmont Boulevard. Property is 7.35 acres located on the west side of
Fairmont Boulevard, 300 feet north of the centerline of Canyon Hills Road.
Waiver of minimum lot area to establish an 11-1ot single-family residential subdivision and for
the removal of 24 specimen trees.
ACTION TAKEN BY THE PLANNING COMMISSION:
Tentative Tract Map No. 15500 APPROVED (7 yes votes).
NOTE: VARIANCE NO. 4314 AND SPECIMEN TREE REMOVAL PERMIT NO. 97-01 HAVE A
22-DAY APPEAL PERIOD WHICH EXPIRES SEPTEMBER 9, 1997.
Variance No. 4314 APPROVED (PC97-118).
Specimen Tree Removal Permit No. 97-01 APPROVED.
Approved Negative Declaration.
City Council took no action on this item.
17
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES AUGUST 19, 1997
DI. and D2.
D1.
179: CONTINUED REHEARING - VARIANCE NO. 4302, CATEGORICALLY EXEMPT,
CLASS 11:
OWNER: JAS PARTNERSHIP, Attn: Jim Shab, 1990 South Anaheim Boulevard, Anaheim, CA
92805
AGENT: LEON ALEXANDER, 558 South Harbor Boulevard, #100, Anaheim, CA 92805
LOCATION: 1985 South Santa Cruz Street. Property is 2.44 acres located at the northwest
corner of Santa Cruz Street and Stanford Court.
Waiver of permitted type of sign and permitted size of freestanding sign to construct a 50-foot
high double-faced, 299 square foot freestanding pole sign including a 70 square foot electronic
readerboard.
ACTION TAKEN BY THE PLANNING COMMISSION:
GRANTED, IN PART, VARIANCE NO. 4302 for a 50-foot high double faced, 215 square foot
freestanding pole sign (PC97-40) (6 yes votes, 1 no vote).
HEARING SET ON: A review of the Planning Commission's decision was requested by Council Members
McCracken and Lopez at the meeting of May 6, 1997, Item B5. Public hearing before the City Council
held May 20, 1997 (Item D7). Variance No. 4302 was denied.
City Council granted a Request for Rehearing submitted by the owner Mr. James A. Shab, JAS
Partnership and Global Cellular, at the meeting of June 10, 1997, Item B3.
Rehearing on Variance No. 4302 was scheduled and continued from the meeting of July 8, July 15,
1997, and July 22, 1997, and August 5, and August 12, 1997, where it was heard in conjunction with CUP
3855. (See minutes those dates where extensive discussion and input was received).
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Orange County Register- May 10, 1997 and June 26, 1997.
Mailing to property owners within 300 feet - May 9, 1997 and June 19, 1997.
Posting of property - May 9, 1997 and June 20, 1997.
STAFF INPUT:
See original staff report to the Planning Commission dated April 14, 1997.
D2. 179: CONTINUED PUBLIC HEARING - WAIVER OF CODE REQUIREMENTS CONDITIONAL
USE PERMIT NO. 3855 - REQUEST COUNCIL REVIEW OF THE ABOVE ITEMS IN
CONNECTION WITH VARIANCE NO. 4302 AND NEGATIVE DECLARATION:
OWNER: JAS PARTNERSHIP, 1985 South Santa Cruz Street, Anaheim Boulevard, Anaheim,
CA 92805
AGENT: LEON ALEXANDER, 558 South Harbor Boulevard, #100, Anaheim, CA 92805
LOCATION: 1985 South Santa Cruz Street - Global Cellular. Property is 2.44 acres located at
the northwest corner of Santa Cruz Street and Stanford Court.
To permit a total of two industrially-related sales and office uses within an existing 35,000 square
foot industrial building with waivers of prohibited type of sign and minimum number of parking
spaces.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES AUGUST 19, 1997
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3855 APPROVED (PC97-90) (6 yes votes, 1 abstained).
Waiver of code requirement APPROVED.
Negative Declaration previously approved.
Request Council review of the above items in connection with Variance No. 4302. Item No. 5 from the
Planning Commission meeting of July 21, 1997. Public hearing before the City Council continued from
the meeting of August 5, and August 12, 1997 Item D2, at the request of the applicant and continued to
this date. (See minutes those dates where extensive discussion and input was received).
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in the Orange County Register - July 24, 1997.
Mailing to property owners within 300 feet - July 24, 1997.
Posting of property - July 25, 1997
STAFF INPUT:
See staff report to the Planning Department dated July 21, 1997.
Submitted was a three-page supplemental staff report dated August 15, 1997 from the Planning
Department - Subject: Variance No. 4302 and CUP 3855 wherein staff recommended that the Council,
by resolution, take the actions listed on page 1 of the report under (a) relating to Variance No. 4302 and
(b) relating to CUP No. 3855.
Joel Fick, Planning Director. These items were continued from prior meetings and in the intervening
time, as requested by the Council, staff has spent many hours discussing the subject of signage with the
applicant including an on-site visit and have also continued to assemble and review technical data
associated with the request particularly related to the freeway construction and grade elevations. Mr.
Fick then briefed the discussion portion of the August 15, 1997 report (see pages 2 and 3).
At the conclusion of Mr. Fick's presentation, Mayor Daly asked for clarification of staff's recommendation
-- that the height of the current sign remain, that the reader board remain, and for a period of four years,
the size of the sign can grow to 216 sq. ft. but after four years reduced back to the existing sign at 100
sq. ft; Joel Fick answered that was correct.
Mayor Daly continued that under the four-year scenario as well as into the future, staff is recommending
that the electronic reader board be allowed to be on the 38' pole; Mr. Fick answered that is correct
because, even if the CUP before the Council were denied in its entirety, the prior approval would
continue on the electronic reader board. He also clarified that the 216' calculation was included in both.
He then also briefed for the Mayor the history of how they got to where they are today relative to the sign
request.
Mayor Daly again opened the Public Hearing and asked to hear first from the applicant or representative.
Steve Sheldon, President of the Rex Company, 100 S. Anaheim Blvd., Anaheim, representing Global
Cellular. (See minutes of previous meetings and the previous testimony of Mr. Sheldon). At issue is the
38' reader board and the 216 sq. ft. variance for the signage. They would like to have the 38' variance
on a permanent basis or on a four-year basis. They understand that Alternate A (as listed in staff report
of 8/15/97, page 1) is probably not going to work out this evening so they are asking the Council to allow
them to have the staff recommendation which they would accept for the 38' high, double-faced, 216 sq.
ft. pole sign for four years. He reiterated, they would like to have that on a permanent basis but
understand if that is not what Council wants, they would be willing to accept the staff recommendation.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES AUGUST 19, 1997
Mayor Daly. He asked, after four years, what happens to the 38' sign; Mr. Fick answered, the height
could remain at 38' but revert back to a 100 Sq. ft. sign consistent with the existing approval. That could
include either the prior reader board at 100 sq. ft. or a newly designed sign. He also clarified for the
Mayor that Alternate A as listed on page 1 of the 8/15/97 staff report is the applicant's proposal and
Alternate B is the staff recommended proposal. At the time the staff report was written, they actually
thought they were going to continue to hear the applicant's request at 45' and Alternate B was the
permanent sign remaining at 38' high and 216 sq. ft.
Mayor Daly asked Mr. Sheldon if he and his client are in accord with the staff recommendation across
the board; Mr. Sheldon answered, yes. On the sign envelope regarding their name, they are changing
the name from Global Cellular to the 1-800-AIR CALL and would like the flexibility of staying at 9.5%,
i.e., they would like to have the 9.5% of signage on the side of the wall. The name, AIR CALL, is
changing and growing and that is what they would like to have on that.
Joel Fick. On that issue the exhibit, and this is the applicant's request, would allow two wall signs or a
third in that particular elevation. Staff's recommendation is that there are types of exhibits that were
submitted for the wall signs and the signs are smaller but still have high visibility within those overall
envelopes. It is typical that the signage that is approved is actually what is before the City Council and
Planning Commission. Staff recommendation is that the square footage represented on the exhibits is,
in fact, the sign square footage that is approved.
Mayor Daly. He summarized what he thinks the issue is. Staff is suggesting that the wall sign aspect of
this item be specific in terms of the size and that size be consistent with what the applicant submitted.
The applicant is saying they would like the option of increasing the wall signage of up to a maximum of
9.5% of all the building walls; Mr. Fick stated that was absolutely correct. The applicant wants the right
to go up to 9.5%.
Joel Fick. The detail drawings are much more in concert with the overall scope and scale of the building.
They are nicely designed wall signs. That is part of the thought process that on an interim basis, it is part
of an overall sign program if reduced in that area, helps justify the larger signs on an interim basis
elsewhere.
After additional discussion and questioning, the following people spoke in support of the applicant's
proposal for a larger sign:
Phil Knypstra (also see minutes of July 15, 1997 where initial testimony was given)
Leslie Schweitzer (10-year employee of Global Cellular)
Joyce Pappas (6 1/2-year employee of Global Cellular)
Mayor Daly closed the Public Hearing on D1. and D2.
Mayor Daly. He is glad to hear the applicant is almost entirely in agreement with the staff
recommendation. The recommendation does attempt to work with the applicant in terms of the
construction period for the I-5 widening. The only point of contention is the size of the wall signage. He
feels they need to be very careful on this property. What people see from the I-5 affects the value and
the image of the City. Precedent is also important. The Planning staff has tried to work with the
applicant to find a reasonable compromise. He believes that future development along the I-5 if built to
code will have less signage. Electronic reader boards are not allowed under current codes on freeways.
Council Member Tait. He will go along with the staff recommendation because of the four-year time
limitation. He does believe that precedential value is important.
Council Member McCracken. She drove the freeway from Buena Park to San Clemente and back.
Businesses all along that freeway as it has been widened, major signs have come down. She also got
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES AUGUST 19, 1997
off the freeway and drove through prime industrial and commercial areas in Irvine, Costa Mesa, Newport
Beach, Tustin, etc., and also drove to Mr. Shab's other site in Costa Mesa which has no reader board
and major signage. She also did some work relative to the proposals Caltrtans is making for the I-5
through Anaheim. They are working on very unique bridges and overpasses, lighting and landscaping so
that the I-5 through Anaheim will be very unique and special to the City. A year ago, the City Council
gave a variance, a sign and special conditions to this particular property(Mr. Shab's). She has been
hearing how terrible this has been on this business, but there have been businesses up and down the I-5
freeway not given reader boards to help their businesses. The City is competing with Irvine and Tustin
for an image of what Anaheim has to offer. She does not know whether even along the freeway in
Tustin, there would be such a bending of their ordinances. She is concerned about undue competition
with other businesses in the community.
Council Member Lopez. He noted some instances of large reader boards, one being south of the 55 on
the I-5. He feels Anaheim is not the only City with such a sign along the I-5.
After additional discussion, Council Member McCracken offered a resolution to deny Variance 4302.
Before further action was taken, City Attorney White stated it is his understanding then the action is not
to go with the Planning staff's recommendation; Council Member McCracken. Her understanding is that
the current variance will hold. They have a variance at the present time with a 38' high, double-faced,
100 sq. ft. pole sign with reader board.
Joel Fick. That is correct. There is an existing CUP on the property that does authorize the 100 sq. ft.
reader board at a height of 38'.
Mayor Daly. If the Council denies the variance under part (a) of the recommendation but approves the
CUP, the applicant would be allowed to keep the existing sign or equivalent.
City Attorney White. That is correct. There is nothing the Council can do tonight that would affect what
they previously approved. They have already approved a 100 sq. ft. electronic message board.
VARIANCE 4302 - ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion
By Mayor Daly, seconded by Council Member Zemel, the City Council determined that the proposed
activity falls within the definition of Section 3.01 Class 11, of the City of Anaheim guidelines to the
requirements for an Environmental Impact Report and is, therefore, Categorically Exempt from the
requirement to file an EIR. MOTION CARRIED.
C.U.P. 3855 - CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: On motion by Council
Member Zemel, seconded by Mayor Daly, the City Council finds that the Negative Declaration previously
approved in connection with this project is adequate to serve as the required environmental
documentation, that it has considered the previously approved Negative Declaration together with any
comments and evidence received during the public review process and that there are no additional
impacts in connection with the subject action. MOTION CARRIED.
A vote was then taken on the proposed resolution of denial of Variance 4302 and failed to carry by the
following vote: Ayes - McCracken, Daly - Noes - Tait, Zemel, Lopez
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES AUGUST 19, 1997
Council Member Zemel offered Resolution No. 97R-158 for adoption approving Variance No. 4302 and
97R-159 granting CUP No. 3855 exactly according to staff recommendations in report dated August 15,
1997.
Refer to Resolution Book.
Roll Call Vote on Resolution Nos. 97R-158 and 97R-159 for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: Tait, Zemel, Lopez
MAYOR/COUNCIL MEMBERS: McCracken, Daly
MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 97R-158 and 97R-159 duly passed and adopted.
Council Member Tait asked for clarification that the approval is for the exact staff recommendation
outlined in report of 8/15/97 which includes the four-year time limit on the larger sign; City Attorney
White answered yes.
Before concluding, there was additional discussion regarding the matter both by Mayor Daly and Council
Member Zemel.
C1. 148: VOTING DELEGATE - ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE:
Designating a voting delegate for the Annual League of California Cities Conference to be held
October 12 - 14, 1997 in San Francisco.
City Clerk Sohl. Traditionally, the Mayor has been designated the voting delegate dependent upon who
is planning to attend the conference.
Mayor Daly. He asked if it was permissible under their procedures for him to be the voting delegate but,
at the conference, depending on schedules, to designate an alternate.
City Clerk Sohl. According to League rules, it would be necessary to name who the alternates might be
in advance in order to have voting privileges.
Mayor Daly suggested that all four Council Members be named as potential alternates.
MOTION. After additional discussion, Council Member Tait moved to designate the Mayor as the voting
delegate at the Annual League of California Cities Conference, October 12-14, 1997, that Mayor Pro
Tern Lopez be the alternate and then, if necessary, Council Members in order of seniority. Mayor Daly
seconded the motion. MOTION CARRIED.
C2. REPORT ON CLOSED SESSION ACTIONS:
City Attorney Jack White stated that there are no actions to report.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES AUGUST 19, 1997
C3. 114: COUNCIL COMMENTS:
Council Member Zemel. He asked that a discussion be agendized for the Council Meeting of September
9, 1997 on implementation of certain aspects of the fiber optics agreement the City has with Spectranet
with attention to the marketing and financing efforts the City has chosen to employ. Subsequent to this
date and prior to the publication of the September 9, 1997 Council Meeting agenda Council Member
Zemel withdrew this request.
Council Member McCracken. She has been approached by a couple of young people who want a Youth
Commission which the City did have at one time. She would like to explore the possibility of some kind
of youth input perhaps through the Parks and Recreation Commission. She asked for input from staff
relative to the possibility of a forum to meet the needs of the young people in the community.
Mayor Daly suggested that a staff report be submitted with suggestions/recommendations on the matter.
Mayor Daly. He asked how Council Members felt about scheduling a workshop with the Planning
Commission which they have done some time in the past. It is beneficial to exchange ideas with the
Planning Commission. He suggested that it be in conjunction with one of the upcoming Council
meetings.
City Clerk Sohl asked if a Tuesday, at 3:00 P.M. as with other such workshops would be appropriate.
Mayor Daly. He agreed that it should be in conjunction with a Council Meeting and if there was a
scheduling problem, Closed Session could precede the joint workshop. The goal is to have a joint
workshop with the Planning Commission at a future meeting.
Mayor Daly. A concern has been expressed by some residents in the Sunkist Street area about traffic
flows on Sunkist and that too many drivers are using it as an alternate and shortcut from the 57 freeway
and a route to Anaheim Stadium and the Arrowhead Pond. It is mostly a residential street. He asked the
City Manager to evaluate that situation and report back to the Council with some possible remedies. As
an example, there has been signage at Lincoln and the 57 freeway that directs visitors to the Pond to
drive down Sunkist. He thought there had been discussion about removing that sign. He will look
forward to a report from staff.
ADJOURNMENT: By general Council consent, the City Council Meeting of August 19, 1997 was
adjourned. The next scheduled Council Meeting is Tuesday, September 9, 1997.
LEONORA N. SOHL
CITY CLERK
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