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1995/10/17CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTES OCTOBER 17, 1995 The City Council of the City of Anaheim met in adjourned regular session. PRESENT: PRESENT: ABSENT: PRESENT: MAYOR: Daly COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White ASSISTANT CITY CLERK: Ann M. Sauvageau UTILITIES GENERAL MANAGER: Edward Aghjayan UTILITIES ASST. GENERAL MANAGER - ELECTRIC SERVICES: Brian Brady Mayor Daly called the adjourned regular meeting of October 10, 1995 (held October 17, 1995) to order for a workshop on a Utilities matter (2:20 P.M.). City Manager, James Ruth. Today's presentation by the Utilities Department is on Electric Industry Restructuring. He introduced Ed Aghjayan who will begin the presentation. 175: ELECTRIC INDUSTRY RESTRUCTURING: Ed Aghjayan, Public Utilities General Manager. The presentation is an update from the last presentation to the Council in August, 1994 relative to the subject. No final decisions have been made but enough has transpired since that time to now see a general direction of where things are headed. Mr. Aghjayan's presentation consisted of a series of slides, hard copies of which were submitted to the Council at the close of the presentation. (See - City Council Workshop Presentation: Electric Industry Restructuring - October 17, 1995, attached to which were hard copies of the slides.) Mr. Aghjayan first briefed Anaheim's goals in the restructuring process and covered the following subjects -- the most likely scenario, three phases of the industry (now - transition period - future), Public Utilities Commission jurisdiction over Anaheim, what happens during and after the transition period, what it will take to be prepared for both the transition and post transition period, what it means for the City of Anaheim, and the actions that will likely be coming to the Council in the next year as a result of restructuring. In concluding, Mr. Aghjayan explained that the Public Utilities is still a very profitable utility, they are continuing to lower commercial-industrial rates and to work with commercial customers, and the City is one of only two utilities in southern California to have its credit rating kept at the current level. He feels they are at the head of the pack, but much remains. All the other utilities in the business including Edison and San Diego have the same issues to face in terms of meeting competition. The competition is most likely going to be coming from private suppliers including companies like Pacificor out of the northwest. He is comfortable that they have a good staff working on this issue and feels it is going to end up in a very positive vein for Anaheim's customers and citizens. It is an issue that is so important because of the asset value of the Utilities with a book value of somewhere under one billion dollars, a net asset value of almost .200 million and a market value in excess of that which must be protected. CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTE8 OCTOBER l?v 1995 Questions were then posed by Mayor Daly and Council Members which were answered by Mr. Aghjayan. He also explained for the Mayor that the next update will be in approximately six to eight weeks. Mayor Daly thanked Mr. Aghjayan for the informative presentation. The Council will look forward to a future report on this important issue. ADJOURNMENTs By general Council consent, the adjourned regular meeting of October 10, 1995 (held October 17, 1995) was adjourned. (2=44 P.M.) LEONORA N. SOHL CITY CLERK CITY OF ANAHEIMt CALIFORNIA COUNCIL MINUTES OCTOBER l?v 1995 The City Council of the City of Anaheim met in regular session. PRESENT .' PRESENT: ABSENT: PRESENT s MAYOR: Daly COUNCIL MEMBERS= Tait, Lop, z, Zemel, Feldhaus COUNCIL MEMBERS= None CITY MANAGER~ James Ruth CITY ATTORNEYs Jack White CITY CLERK= Leonora N. Sohl PLANNING DIRECTOR= Joel Fick SUPERINTENDENT, PARKS & GOLFs Jack Kudron ZONING ADMINISTRAROR= Annika Santalahti UTILITIES GENERAL MANAGERs Edward Aghjayan TRAFFIC AND TRANSPORTATION MANAGERs John Lower UTILITIES ASST. GENERAL MANAGER - ELECTRIC SERVICESs Brian Brady A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 11=17 a.m. on October 13, 1995 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the meeting to order at 2~45 p.m. REQUEST FOR CLOSED SESSION~ City Attorney Jack White requested a Closed Session noting first that there are no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS= There were no public comments relative to Closed Seeslon 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 LITIGATIONs Name of cases In re= County of Orange, Debtor, U.S. Bankruptcy Court, Central District Case No. SA 94-22272~ and In re= Orange County Investment Pools, U.S. Bankruptcy Court, Central District No. SA 94-22273. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATIONs Name of case= Anaheim Stadium Associates v. City of Anaheim, Orange County Superior Court Case No. 44-81-74~ Anaheim Stadium Associates v. City of Anaheim, Orange County Superior court Case No. 73-26-65~ Anaheim Stadium Associates v. Anaheim Redevelopment Agency, Orange County Superior Court Case No. 73-70-20. 3e PUBLIC EMPLOYEE PERFORMANCE EVALUATION (ANNUAL REVIEW) TITLE= City Manager and City Clerk C?TY OF AN~,HE~'M, C&L'rFORNIA COUNCIL M~'NUTES OCTOBER 1.7, 1.995 CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION: Name of case: Anaheim Redevelopment Agency v. Southern California Gas Company, et al, Orange County Superior Court Case No. 71-70-49. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION: Name of case: Delmonico, et al. v. City of Anaheim, Orange County Superior Court Case No. 70-80-71 (and 16 consolidated actions). CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION: Name of case: City of Lake Forest, et al., v. County of Orange, et al., Orange County Superior Court Case No. 74-78-57 (transferred to San Diego County Superior Court). RECESS: Mayor Daly moved to recess into Closed Session. Council Member Zemel seconded the motion. MOTION CARRIED. (2:46 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. (5:45 p.m.). INVOCATIONs Reverend Bob Kuest, Anaheim First Christian Church, gave the invocation. FLAG SALUTEs Council Member Tom Tait led the assembly in the Pledge of Allegiance to the Flag. 119: DECLARATIONS OF RECO~NITION~ Declarations of Recognition were unanimously adopted by the City Council recognizing outstanding Block Captains in their respective areas -- Marilyn Silverstein, Nona Espland, Lila Jagears and Mary Lou Miller. Captain Jack Parra of the Anaheim Police Department introduced each of the women and briefed the Council and the audience on the reasons why these Block Captains were singled out for personal recommendations and also for providing invaluable assistance to the Anaheim Police Department and the Neighborhood Watch Program. Mayor Daly and Council Members personally congratulated and commended the women, especially for the positive impact they have in their communities and the outstanding examples and role models they are for the 600 Neighborhood Watch Programs established in the City. CITY OF ANAHEIM, CALIFORNIa COUNCIL MINUTES OCTOBER 17, 1995 119: RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TINE: 1. DECLARATION recognizing Autonetics on the occasion of their 40th Anniversary. 2. PROCLAMATION recognizing October 20 - 21, 1995, as Friendship Baptist Church Women's Ministry Weekend. 3. PROCLAMATION recognizing October 22 - 28, 1995, as Red Ribbon Celebration Week. 4. PROCLAMATION recognizing October 25, 1995, as Spiritual Reaffirmation Day in Anaheim. 5. PROCLAMATION recognizing October 28, 1995, as Make a Difference Day. 6. DECLARATION recognizing Midge Taggart for her contribution to the community. 7. PROCLAMATION recognizing June 24 - 30, 1996, as State Collectors Week in Anaheim. 8. PROCLAMATION recognizing the Mighty Ducks Hockey Team as they begin their next season. 9. DECLARATION recognizing O. G. Tommy Thomason for his contribution to Loara High School. 10. DECLARATION recognizing Coach Hill for his contribution to Loara High School. 11. DECLARATION recognizing Rick Marino for his contribution to Loara High School. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $6,153,959.04 for the period ending October 13, 1995, in accordance with the 1995-96 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:45 p.m.) Mayor Daly reconvened the City Council meeting. (5:56 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. PUBLIC COMMENTS - AGENDA ITEMS: Public input was received on agenda Item SS. that Item. See discussion under MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of October 17, 1995. Council Member Zemel seconded the motion. MOTION CARRIED. CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES OCTOBER 17, 1995 CITY MANaGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded by Council Member Zemel, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Mayor Daly offered Resolution No. 95R-177, for adoption. Refer to Resolution Book. Al. 1185 The following claims were filed against the City and action taken as recommended5 Claims rejected and referred to Risk Management: a. Claim submitted by Ted Mendoza for property damage sustained purportedly due to actions of the City on or about September 7, 1995. b. Claim submitted by Ana Maria Torres for property damage sustained purportedly due to actions of the City on or about July 18, 1995. c. Claim submitted by Lori A. Linn c/o Richard L. Quint, Esq. for bodily injury sustained purportedly due to actions of the City on or about August 18, 1995. A2. 1055 Receiving and filing minutes of the Anaheim Private Industry Council meeting held August 24, 1995. 173: Receiving and filing a Notice of Application for passenger stage authority by Pacific Coast Sightseeing Tours for bus service between Los Angeles International Airport, the John Wayne Airport and hotels and motels surrounding the Disneyland area. Council Member Tait abstained on this Item. A3. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held July 19, 1995. A4. 1605 Accepting the low bid of Ail Seasons Tire, in an amount not to exceed $16,993.94 for light bias truck and farm tires, in accordance with Bid $5435. 160= Accepting the low bid of Dapper Tire, Inc., in an amount not to exceed $18,443.60 for passenger tires and tubes, in accordance with Bid $5435. 1605 Accepting the low bid of Parkhouse Tire Company, in an amount not to exceed $74,887.06 for radial light truck commercial radial and bias truck tires, in accordance with Bid $5435. A5. 1605 Authorizing the Purchasing Agent to issue a Change Order to Southern Counties Oil Company; and to General Petroleum, in an amount not to exceed $988,000 for an estimated 266,000 gallons of diesel $2 and 651,000 gallons of premium unleaded gasoline for a period of one year beginning November 1, 1995, in accordance with Bid $5316. Council Member Tait abstained on this Item. CITY OF ~NAHEIMv CALIFORNIA COUNCIL MINUTES OCTOBER l?v 1995 A6. 123= Approving an Agreement with the Boys and Girls Club of Anaheim, Inc., in the amount of $35,000 to provide recreational and educational services to youth in the City of Anaheim. A7. 123~ Approving an Agreement with the UCI - North Orange County Community Clinic, in the amount of $47,000 to provide health care services to residents in the City of Anaheim. A8. 123= Approving an Agreement with the Orange County Fair Housing Council, in the amount of $70,000 for community outreach, education, counseling and mediation services related to fair housing. Lisa Stipkovich, Executive Director of Community Development answering Council Member Zemel relative to the subject, clarified that the City, in order to receive the Block Grant money, must provide for Housing services and this is the most cost-efficient way. Ag. 116= Approving a One-Stop Career Center Implementation Plan, in the amount of $600,000~ and authorizing the JTP Manager to execute any necessary subcontract agreements and modifications. 106= Amending the Fiscal Year (FY) 1995-96 Budget increasing revenues and expenditures in Fund 220, in the amount of $1,051,087. Al0. 153~ Approving the 1996 Health & Welfare Benefits Plan rates~ and authorizing the Human Resources Manager to sign all required renewal documents on behalf of the City. All. 152~ Approving the form of the Program Participation Agreements for the Anaheim Resort Signage Program~ and authorizing the City Manager to enter into such agreements with property owners or their authorized agents on behalf of the City. Mayor Daly. He thanked staff for moving so quickly on this very important visual improvement to the neighborhood around Disneyland. Some of the new signs have already gone up. This series of agreements will allow for the participation of many more property owners. He asked how many were expected to be installing these signs within the next 6 - 12 months. Joel Fick, Planning Director. Staff has been in contact with each of the business and property owners in the Anaheim Resort Area. He is happy to re~ort 14 property owners are ready immediately to move ahead with the signage. The contract before the Council tonight will allow staff to move forward right away with installation. As part of the program, he expects some 140 signs total will be addressed through the program. A12. 184= Reviewing the need for continuing the Seventh Proclamation of the Existence of a local Emergency issued by the Director of Emergency Services on September 5, 1995, concerning the Santiago Landslide and Pegasus Landslide in the City of Anaheiml and taking no action to terminate the local emergency at this time. A13. 175= RESOLUTION NO. 95R-177~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE SUBMITTAL OF A USED OIL RECYCLING BLOCK GRANT FOURTH CYCLE APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD TO CONTINUE AND EXPAND THE PUBLIC UTILITIES DEPARTMENT'S USED OIL RECYCLING PROGRAM, AUTHORIZING THE ACCEPTANCE BY THE CITY OF A USED OIL RECYCLING BLOCK GRANT - FOURTH CYCLE FROM CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES OCTOBER 17, 1995 THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD IN THE AMOUNT OF $91,915, AND AUTHORIZING THE PUBLIC UTILITIES GENERAL MANAGER TO EXECUTE ANY DOCUMENTS ON BEHALF OF THE CITY ~ AND TO TAKE ANY AND ALL ACTIONS WHICH ARE NECESSARY FOR THE PURPOSE OF SECURING USED OIL RECYCLING BLOCK GRANT - FOURTH CYCLE FUNDS. A14 · 123~ Approving an Agreement for Legal Services with Preston Gates & Ellis for bond counsel services in connection with the Public Utilities Department's financing. A15. 123~ Approving an Agreement with Petty-Gilbertson-Cox, dba Con~unication Links, to develop marketing plans and strategies for the two City golf courses at a cost not to exceed $32,000. Council Men~er Tait asked about some of the things that have been done to date and what is staff looking for in this proposal relative to a marketing strategy. Jack Kudron, Superintendent of Parks and Golf. They have made several moves in terms of a fee structure over the year, increasing fees on Fridays to the weekend rate, and increasing cart fees by 10% on July 1, 1995. In addition, they have done numerous promotions on both carts and the ranges in terms of bringing in additional revenue. The first quarter of this year was the highest grossing quarter that golf has ever had--over $1.5 million. The purpose of getting a consultant to do some marketing studies is to find what their niche is in the market relative to local competition, to look at particular target segments such as women, juniors, seniors to see if they can better hone their advertising and promotion efforts towards those types of populations, look at differentiating the courses in terms of the fee structure, etc. They are getting a lot of input that Anaheim Hills could move up in terms of a fee structure and compete with some of the courses that are a little higher in terms of the market place for fees. It will include a pricing strategy. Mayor Daly. He noted the firm is from Arizona. He asked if they had done work in Southern California sufficient to convince staff that their ideas and recommendations are going to be worthwhile and have they had an opportunity to talk to some of the their other clients. Jack Kudron. They have not done work in Southern California. As the staff report indicates, they sent out 18 Request for Quotations (RFQ) and received three responses -- one was a California group, one from Pennsylvania, and one from Arizona. They felt the Arizona group had a much better handle on the golf industry and demonstrated very good marketing in the courses they have been involved in. Their fee was in line and they committed to doing a very thorough survey of the local competition. They provided references and he talked to each and every one. Those contacted had nothing but the highest marks in regard to their efforts. Their work is primarily in Arizona. They are a new, aggressive, young, creative company. Council Member Feldhaus. He questions the need for spending $32,000 for a consultant. In the past year, golf has done all the ~hings they said American Golf would do if they took over the courses. It seems the City is doing very well. He is not convinced there is justification to spend $32,000. City Manager Ruth. Staff feels there is room for growth and there are still thousands of rounds of golf they can still capture. They are trying to find that market and want to emphasize the whole marketing strategy is to do so and 6 CITY OF ANAHEIMv CALIFORNIA COUNCIL HINUTES OCTOBER 17, 1995 try to maximize it. He feels there is still a niche they are not getting. Both courses can absorb several thousand more rounds of golf. The cost will be more than offset by the new revenue it will generate. Jack Kudron. Golf statistics nationwide show golf play is down 7%. They have a certain market share they need to hold on to. In following the Council's direction to obtain more revenue for the General Fund, staff felt it was beneficial to get an outside look at what the market will bear. Council Member Zemel. After further discussion and questioning, he asked the City Manager if he feels this is a good investment which will yield increased revenues for the City. City Manager Ruth. He answered absolutely and feels they will definitely get a good return on their investment. Council Member Feldhaus. He is going to vote no~ Council Member Lopez. He is also going to vote no. It does not make sense to him. Mayor Daly. He will s~eak in favor -- the Council has challenged staff to maximize revenue at the City's two courses and they need to give them the opportunity to manage to their best capabilities and obtain as many good ideas as they can to achieve their goals. Neither course is at maximum capacity as yet. Staff is advising that an outside look at the marketing strategies will pay for itself in a short time. It is a recommendation that warrants support. Council Member Zemel. The prior Council gave instruction to staff as articulated by the Mayor so he is going to support the recommendation as well. Council Member Tait. He also believes the Council gave staff the responsibility to maximize revenues along with the authority to accomplish that goal. He questions using an out-of-state firm doing a local marketing analysis, but with 18 RFQ's going out, he believes it was fair and staff has their reasons for choosing the recommended firm. He is in support. A16. 114: Approving minutes of the Anaheim City Council meeting held September 26, 1995. Roll Call Vote on Resolutio~ No. 95R-177 for adoDtion~ AYES~ NOES~ ABSENT= MAYOR/COUNCIL MEMBERS~ MAYOR/COUNCIL MEMBERS= MAYOR/COUNCIL MEMBERS~ Tait, Lopez, Zemel, Feldhaus, Daly None None The Mayor declared Resolution No. 95R-177 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED and were all ayes with the following exceptions~ Item A2 and A5 - Council Member Tait abstained~ Item A15 - Council Member Lopez and Feldhaus voted no. CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES OCTOBER 17, 1995 PRIVATE INDUSTRY COUNCIL APPOINTMENTS: Al7. 105: To consider the reappointment of Mr. Thomas Kurtz, Superintendent, North Orange County Regional Occupational Program (NOCROP) to the Anaheim Private Industry Council (PIC) for a term of four years representing the PIC educational category. Council Member Feldhaus nominated Frank Jacobson for reappointment to the Private Industry Council representing the private sector category. Council Member Lopez nominated Jill Bolton for appointment to the Private Industry Council in the private sector category. MOTION. Mayor Daly moved to close nominations. Council Member Feldhaus seconded the motion. MOTION CARRIED. Frank Jacobson was thereupon reappointed and Jill Bolton appointed to the Private Industry Council in the private sector category each for a four-year term. ITEMS BI - B2 FROM THE ZONING ADMINISTRATOR MEETING OF SEPTEMBER 28r 1995. DECISION DAng: OCTOBER 5, 1995 INFORMATION ONLY - APPEAL PERIOD ENDS OCTOBER 20. 1995 B1. 179~ VARIANCE NO. 4280. CATEGORIC~?~ EXEMPTt CLASS 3: OWNER: ROGER CHEN, 745 East Peralta Hills Drive, Anaheim, CA 92807 AGENT: Brion S. Jannette, 470 Old Newport Boulevard, Newport Beach, CA 92663 LOCATION:745 East Peralta Hills Drive. Subject property is approximately 6 acres, having a frontage of approximately 339 feet. Waiver of maximum structural height, to construct a single family residence. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4280 APPROVED (ZA Decision No. 95-26). Miriam Kaywood, Anaheim. The applicant is requesting a waiver of maximum structural height in Peralta Hills, but it does not say how high. There is supposed to be a 25' height limitation in that area. Council Member Lopez. The request is for 40'. Mayor Daly. He asked if there was any neighborhood opposition expressed. Annika Santalahti, Zoning Administrator. Notification went out 800' from the property in question. There was no public commentary either for or against. It involves the most south-westerly corner of the property. Even though the height seems quite high, it has a fairly large basement and when measured from the basement up, the majority of the house is going to be closer to 30' visually. It is only on one side where it will be 40.'. It does not come into anyone's line of site from adjacent properties. The southern portion of the property is undeveloped at this time. Council Member Zemel. Reading the background, he was concerned until he got to the basement situation. It seems to him they should measure from the ground and not the bottom of the basement because 40' sounds extreme. 8 CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTES OCTOBER l?v 1995 City Attorney White. Staff has looked at this previously several years ago. In defining a basement where it is on a grade and a slope, while part of the basement will be subterranean and built into the slope, one wall is going to be exposed from the lowest grade level. While one end of the basement is going to be buried, the other end will be exposed and that is where the measurement is taken. Annika Santalahti. She confirmed that no one came to the Zoning Administrator Public Hearing and no correspondence was received. Physically, quite a large area was notified. The entire gray area as noted on the map provided is where the 300' is measured from. In this particular location, she felt the waiver was acceptable. She was surprised that no one was present. In the past, people have attended the Public Hearing when such a request is made but apparently this location is acceptable to people. No action was taken by the Council. B2. 179~ VARIANCE NO. 4281r CATE~ORI~T~ EXEMPTr ~LAS$ 3: OWNER: RONALD & YVETTE HUDSON, 6441 Shady Valley Lane, Anaheim, CA 92807 AGENT: CARLTON NALTY, 2748 Melissa Street, West Covina, CA 91792 LOCATION: 702 South Rosecrest Circle. Property is approximately 0.60 acre located at the southeast corner of Bridgewood Drive and Rosecrest Circle. Waiver of required front yard setback, to construct a 5,219 square foot single-family residence within Development Area i of the Highlands at Anaheim Hills (SP87-1). ~CTION TAKEN BY TH~ ZONING ADMINISTRATOR: Variance No. 4281 APPROVED (ZA DeciBion No. 95-27). END OF T~E ZONING ADMINISTRATOR ITEMS. ITEMS B3 - Bll FROM THE pLaitING COMMISSION MEETING OF OCTOBER 2, 1995. INFORMATION ONLY - APPEAL PERIOD ENDS OCTOBER 24~ 1995 B3. ~79: VARIANCE NO. 4278 AND NEGATIVE DECLARATIONS OWNER: CITADEL APARTMENTS, A CALIFORNIA GENERAL PARTNERSHIP, 433 N. Camden Drive, 12th Floor, Beverly Hills, CA 90210 AGENT: WESTERN TECHNICAL SERVICES, 1550 S. Sunkist, Suite "J", Anaheim, CA 92806 ~OCATION: 150 South Maqnolia Avenue (Citadel ADartments~. Property is approximately 4.59 acres located on the east side of Magnolia Avenue and approximately 333 feet north of the centerline of Broadway. Waiver of permitted accessory uses and structures and maximum Btructural height to construct a 42-foot high microwave dish antenna. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4278 DENIED (PC95-123) (4 yes votes, 1 abstained, and 2 absent). Approved Negative Declaration. CITY OF ANAHEIM, CALIFORNI& COUNCIL MINUTES OCTOBER 17, 1995 B4. 179~ CONDXTXONAL USE PERMIT NO. 3454 AND NEGATIVE DECLARATXON~ OWNER: HY~AIL PARTNERS 2, Attn: Lance D. Alworth and Josie Miller, 990 Highland Drive, Ste. 300, Solana Beach, CA 92075 LOCATION: 155 South Adams Street. Property is approximately 3.3 acres located on the north side of Broadway at the southerly terminus of Adams Street. Petitioner requests readvertisement of Conditional Use Permit No. 3454 to amend a condition of approval pertaining to permitted freestanding signage. ACTION TAKEN BY TH~ PLANNING COMMISSION: APPROVED amendment to conditions of approval for CUP NO. 3454 (PC95-124) (5 yes votes, 2 absent). Negative Declaration previously approved. BS. 179~ CONDITIONAL USE PERMIT NO. 2910 AND NEGATIVE DECLARATION= OWNER= MAHIN RASTEGARI, 1108 N. Acacia Street, Anaheim, CA 92805 LOCATIONs 1108 N. Acacia Street. Property is approximately 0.36 acres located on the east side of Acacia Street and approximately 525 feet south of the centerline of Romneya Drive and further described as 1108 North Acacia Street. To expand an existing child-care facility from 24 children to 30 children. ACTION TAKEN BY THE PLANNING COMMISSION= Approved expansion (from 24 children to 30 children) for CUP NO. 2910 (PC95-125) (5 yes votes, 2 absent). Negative Declaration previously approved. Jacob Rastegari, 1108 N. Acacia, Anaheim. Ne is one of the property owners but the preschool is not his but owned by his sister-in-law. He confirmed for the Mayor that he is a homeowner on the property but is opposing the expansion from 24 to 30. There is one driveway for two tenants. In the morning when he wants to go walking or take his children to school, his driveway is blocked by parent's cars. She (his sister-in-law, Mahin Rastegari) has been aware of the problem for a year but now she wants to have six more children. If it is a non-profit organization, he questions why they need six more children. He has lived on the property for 10 years and his brother and sister-in-law know he has a problem. City Attorney White. He explained that this is not a Public Hearing tonight. The item is only on the agenda to determine whether or not the Council wishes to set it for a Public Hearing thereby requesting a review of the Planning Con~nission's decision in approving the expansion of the facility. If the City Council determines not to set it for a Public Hearing, Mr. Rastegari or anyone else could appeal the decision in writing to the City Clerk's office and paying the appropriate appeal fee. Mr. Rastegari is appearing tonight to convince the Council to set the matter for a hearing so that he does not have to file the appeal. Mr. Rastegari. He is unemployed. If he could afford to do so, he would appeal the decision but since he cannot, he is requesting that the Council do so. No action was taken by the Council at this time. 10 CITY OF J~NAHEIMv C~IFORNIA COUNCIL MINUTES OCTOBER l?v 1995 56. ~79~ WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERNIT NO. 3794 AND I~EOATIVE DEC~.,~%TION: OWNER: CALIFORNIA INSTITUTE OF TECHNOLOGY, C/O San Marino Escrow, 2030 Huntington Drive, San Marino, CA 91108 AGENT: ROBERT MICKELSON, 121 W. Rose Avenue, Orange, CA 92667 LOCATION: 4530 East La Palms Avenue. Property is approximately 0.43 acre and located on the south side of La Palms Avenue and approximately 420 feet east of the centerline of Lakeview Avenue. To permit an automobile sales facility with waiver of permitted encroachments into required yard areas. ACTION TAKEN ~Y THE PLANNING COMMISSIONs CUP NO. 3794 GRANTED (PC95-126) (5 yes votes, 2 absent). Approved waiver of code requirement. Approved Negative Declaration. Mayor Daly. He would like to hear staff's perspective of the appropriateness of auto sales in this particular neighborhood. Joel Fick, Planning Director. The item was approved by the Planning Commission and auto sales are incorporated into the recently adopted Specific Plan for the area. It is in concert with that plan. Sales will involve late model cars which was the representation to the Planning Commission. The use is allowable, but by a CUP. Mayor Daly. He does not believe there are any other auto lots in the area and wanted to clarify that the Planning staff is comfortable with this. Joel Fick. Staff is comfortable with it. It is a use that was reviewed by Planning staff and Redevelolmnent staff. The Planning Commission did make some enhancements. There is an existing 3' of landscaping along LaPalma now from the existing right of way. The Planning Conunission asked that a landscaping plan come back to them under Reports and Recommendations that would provide enhanced landscaping along the frontage. Council Me~ber Zemel asked if this involves retail sales and sales tax will be collected~ Mr. Fick confirmed that was correct. No action was taken by The Council 57. ~79~ CONDiTiONAL US~ PERMIT NO. 3795 AND Iq~OA~IVE DECLARATION: OWNER: QRE HOLDING COMPANY, 2115 Crescent Avenue, 201, Anaheim, CA 92801 AGENT: MAHMOUD AL-KHALILI, 2543 Winston Avenue, Apartment SC, Anaheim CA 92804 LOCATIONs Property consists of two (2) irregularly-shaped parcels of land: Parcel I consists of approximately 3.4 acres located at the northeast corner of Crescent Avenue and Valley Street, having approximate frontages of 490 feet on the north side of Crescent Avenue and 240 feet on the east side of Valley Street, and further described as 2101-2121 West Crescent Avenue. Parcel 2 consists of approximately 9.2 acres located north of the Orange County Flood Control Channel having a frontage of approximately 840 feet on the east side of Valley Street, having a maximum depth of approximately 890 feet and being located approximately 60 feet north of the centerline of crescent, and 11 CITY OF ANAHEIM; CALIFORNIA COUNCIL MINUTES OCTOBER 17; 1995 further described as 700-720 North Valley Street (Tri Freeway Con~nerce Park). To permit a 4,062 square foot cultural center to be affiliated with a religious organization. ACTION TAKEN BY THE PLANNING COMMISSION= CUP NO. 3795 GRANTED (PC95-127) (5 yes votes, 2 absent). Approved Negative Declaration. Mayor Daly. The property backs up to the I-5 Freeway near Crescent. He asked if this was going to be a new building, or are they converting what he believes are the old Borax buildings. Joel Fick. This is actually a different location within an existing industrial building. The project was approved. The proposal is for a youth counseling center and an information resources center affiliated with a religious organization. It is not connected with the church on the old Borax site on the other side of the freeway. BB. 179: CONDITIONAL USE PERMIT NO. 3793 AND NEGATIVE DECLARATION; OWNER: FERRIS & MOORE PARTNERSHIP, P.O. Box 225, Attn: Roy Moore, Los Alamitos, CA 90720 LOCATION: 1916 West Ball Road. Property is approximately 0.98 acre located on the south side of Ball Road and approximately 200 feet west of the centerline of Nutwood Street. To establish a church within an existing 5,763-square foot wedding chapel. AcTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3793 GRANTED (PC95-128) (5 yes votes, 2 absent). Approved Negative Declaration. Bg. REPORT AND RECOMMENDATION ITEMS~ 179: CONDITIONAL USE PERMIT NO. 3701 - REVIEW FOR SUBSTANTIAL CONFORMANCE DETERMINATXONx REQUESTED BY~ Doug Browne, P.O. Box 18021, Anaheim, CA 92817-8012 LOCATION: PropeFt¥ is %ocated at 6270 E. Santa Ana Canyon Road. Petitioner requests a substantial conformance determination in conjunction with Conditional Use Permit No. 3701 (to permit a child- care facility within two temporary trailers with waiver of minimum structural setback abutting a scenic expressway) to permit a private tutoring center (grades K through 12) within a temporary trailer facility. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3701 determined to be in substantial conformance (to expire 7/25/95)° B10 · 179~ CODE AMENDMENT NO. 95-05~ Donahue Schriber, Attn: Ernie Weber, 3501 Jamboree Rd., Ste. 300, South Tower Newport Beach, CA 92660 Petitioner requests an amendment to Section 15 of Ordinance No. 5497 pertaining to communication antennas. 12 CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTES OCTOBER 17v 1995 ACTION TAKEN BY THE PLANNING COMMISSION: Recommended to the City Council the adoption of the ordinance modifying Subsection B of Section 15 of Ordinance No. 5497. Mayor Daly offered Ordinance No. 5528 for first reading. ORDINANCE NO. 5528 (INTRODUCTION) Amending Section 15 of Ordinance No. 5497 pertaining to Communications Antennas. ORDINANCE NO. 5528 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 15 OF ORDINANCE NO. 5497 PERTAINING TO COMMUNICATION ANTENNAS. Bll. CONDITIONAL USE PERMIT NO, 3516 - SUBSTANTIAL CONFORMANCE D~ERMINATION REOUEST: REQUESTED BY: LANCE D. ALWORTH, 990 Highland Drive, Ste. 300, Solana Beach, CA 92075 LOCATION: Property is located at 1703-1709 South State Colleae Boulevard. Petitioner requests review of revised sign plans for substantial conformance in conjunction with Conditional use Permit No. 3516 (to permit a self-storage facility). ACTION TAKEN BY THE PLANNING COMMISSION: Determined that the sign plans are in substantial conformance with previously-approved exhibits. END OF THE PLANNING COMMISSION ITEMS. B12. 179: ORDINANCE NO. 5527 FOR ADOPTION: Amending Title 18 to rezone property under Reclassification No. 94-95-12 located at 2638 West Ball Road from the RS-A-43,000 zone to the RM-2400 zone. (Introduced at the meeting of October 10, 1995, Item B13.) Mayor Daly offered Ordinance No. 5527 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5527: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 94-95-12 LOCATED AT 2638 WEST BALL ROAD FROM THE RS-A-43,000 ZONE TO THE RM-2400 ZONE.) 1%oll CaXX Vote on Ord£nance No, 5527, for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly None None The Mayor declared Ordinance No. 5527, duly passed and adopted. 13 CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES OCTOBER 17, 1995 Cl. 175: Endorsing the concept of a Universal Telecommunications System public/private partnership~ and authorizing staff to negotiate with Industrial Construction Services, Inc., and SpectraNet International as finalists for the partnership~ and directing staff to complete the financial review of the two finalists and return a recommendation of one finalist to TPAC by November 16, 1995~ and directing staff to begin the process of retaining consultants to undertake the due diligence process that will be necessary to complete negotiations and finalize the financial and governance framework. See staff report dated October 17, 1995 - Attached to the staff report was report entitled, Telecommunications Development Proposal Evaluation Sun, nary Report with attachment A. Mayor Daly. He referred to the extensive staff report and asked Mr. Aghjayan to summarize the proposal and recommendation. Ed Aghjayan, Public Utilities General Manager. This is a recommendation coming forward from the Telecommunications Policy Committee. It is the same presentation previously given to the Council with some additions. Hard copies of the presentation have been submitted (see booklet entitled, Telecommunications Development Proposal Evaluation - October 17, 1995). He then briefed/summarized the extensive information provided. They have reached a "water shed" point in terms of being prepared to recommend finalization of negotiations on a Universal Telecoeununications System. The material provided shows the substantive benefits for the City. The Advisory Committee reviewed the presentation and the staff report and unanimously recommended the staff recommendation. They are doing an independent financial review of the two finalists and will make a recommendation by November 16, 1995 on one finalist. They expect a four to six month due diligence effort after that where they will develop the governance agreements, contracts among the various parties, create the governance structure and finalize the technical operations and financial analysis. Subsequently, it will be brought back to the Council for signing of the contract. They want to make sure it is a fundable project that can be bonded and have the Council understand completely how it is structured and governed. The presentation he was going to make which is in the hard copy submitted talks about what they are looking for. He then elaborated further on the status and the recommendation. Council Member Feldhaus. While he is still in favor of the project and the role of the City as facilitator, he is concerned should the City be exposed to financial guarantees. He also asked what would happen to current service providers such as Pac Bell and Multivision. Ed Aghjayan. Pac Bell responded to the proposal. It is not a proposal that would be exclusive of any other proposal. They could form the public/private partnership and continue to work with Pac Bell on some of the ideas they have. The philosophy is that it helps to have competition at all levels. It will be in the best interest of the rate payers who will have more choices. Staff encourages the construction of the system. Relative to financing, they are not talking about running a telecommunications utility but the question of regulation and governance is a major issue. The financial guarantees are what they are working on carefully. It is clear they could do some public financing that would provide the funding and not obligate the General Fund but still put the name of the City out front. It is not much different from what they are doing with the arena. 14 CITY OF ANAHEIN~ CALIFORNIA COUNCIL MINUTES OCTOBER L7~ L995 After additional questions by Council Members, Council Member Tait asked if when the final analysis comes back it is not satisfactory to the Council, he assumes the Council has the right to reject it at that time. Ed Aghjayan. When a final selection is made, it will be brought to the Council. When they go through the negotiation process, all of the deal points will be brought to the Council for final approval. At this stage, it is not so much that they need a specific action, but felt it was an important point in time to further inform the Council and to get the Council's support for the general direction staff is taking. MOTION. Mayor Daly moved to approve the subject staff recommendation as outlined in report dated October 17, 1995, Items (1) through (4). Council Member Zemel seconded the motion. MOTION CARRIED. D1. 134~ CONTINUED PUBLIC HEARING - GENERAL PLAN AMENDMENTNO. 338 AMENDMENT TO SYCAMORE CANYON SPECIFIC PLAN (SP88-1) AND NEGATIVE DECLARATIONs OWNER= BANK of AMERICA PROPERTIES, INC., 333 South Hope Street, 21st Floor, Los Angeles, CA 90071 AGENT~ HORST SCHOR, 746 N. Lemon Street, Anaheim, CA 92805 ~oc~TIONs Development Area 5 within The Sycamore Canyon Specific ~lan ~SP88-1~. Property is approximately 4.2 acres located on the northeast corner of Weir Canyon Road and Canyon Vista Drive. The petitioner requests approval of the General Plan Amendment No. 338 (to amend the Land Use Element of the General Plan to redesignate subject property from General Commercial land uses to Hillside Low Density Residential land uses). Amendment to The Sycamore Canyon Specific Plan (SP88-1)(to amend certain exhibits to redesignate Development Area 5 from commercial land uses to single- family residential land uses and to amend the Development Area 5 Development Standards to establish development standards for detached single-family dwelling units). Tentative Tract Map No. 15223 (to establish a 4.2 acre, 25-1ot single-family detached subdivision including 24 residential lots and one lettered lot). ACTION TAKEN BY THE PLANNING COMMISSION= Recommended adoption of GPA NO. 338 Exhibit A to the City Council (PC95-102) (7 yes votes}. Recommended to Council approval of the proposed amendment to Sycamore Canyon Specific Plan (SP88-1) (PC95-103). Tentative Tract Map No. 15223 APPROVED (no action taken by the City Council on this item at the meeting of August 22, 1995, Item B10. TENTATIVE TRACT MAP NO. 15223 ie listed for tracking purposes, and is not a part of today's public hearing. Final Site Plan withdrawn. Approved Negative Declaration. pUBLIC NOTICE REOUIREMENTS MET BY= Publication in Anaheim Bulletin - September 21, 1995. Mailing to property owners within 300 feet - September 21, 1995. Posting of property - September 22, 995. PLANNING STAFF INPUTs See staff report to the Planning Commission dated August 21, 1995. 15 CITY OF ~NAHEIM, C&LIFORNIA COUNCIL MINUTES OCTOBER 17, 1995 The Public hearing was continued from the meeting of October 3, 1995, to this date at the request of the applicant. Joel Fick, Planning Director summarized the proposal involving an amendment to the City's General Plan and the Sycamore Canyon Specific Plan, SP88-1. He also explained that the Fiscal Impact Report prepared for the project showed no negative impact to the existing Community Facilities District. Mayor Daly opened the Public Hearing and asked to hear first from the applicant. Horst Schor, 746 N. Lemon, Anaheim representing the owner. When the bank acquired the property, they tried to find a co~nercial buyer for the parcel but over a year's time were unable to do so for a number of reasons. Subsequently, they decided to build residential units which was strongly endorsed by Sycamore Canyon Homeowner's Association. It is a single-family detached project of only 24 units which they felt was the most acceptable project for the City, the neighborhood and, in light of the fact that they had a quality builder, would be a real contribution to the community. The community fully embraced the proposal and are in support of it. He is asking the Council's favorable consideration of the project. Mr. Mickelson will give more details and information relative to the proposed left-turn pocket. Bob Mickelson, 121 W. Rose, Orange. As consultant to the developer since July, he explained the evolution of the project since that time emphasizing how pleased the neighborhood was with the project including the fact that they are not taking any access off Canyon View Drive. Their work with City staff and the association was very pleasant and positive. It is a good project for the area, not only acceptable, but supported. The left-turn pocket is the only disagreement and they feel strongly it is a vital part of the project which they would like to have approved as part of the plan. They feel it is an appropriate, safe and proper design and are requesting approval. Mayor Daly. Mr. Mickelson mentioned that the Traffic Engineer who has verified the safety of the proposed left-turn pocket is Weston Pringle and Associates. Mr. Mickelson confirmed that was correct. Two letters had been sent, one which the Council has in their packet which was previously sent to the Planning Commission. They were concerned about whether this was a safety issue so in the last several days have been analyzing other places in the County and cities to find similar situations. He fax'd a letter to the City's Traffic Engineer today (see letter dated October 17, 1995) wherein Mr. Pringle analyzed the facts and concluded after review with the County Traffic Department, those particular left turns identified, some of which had both left in and left out, some only left in, there is no himtory of accidents. The conclusion was, "These conditions and history would support the left turn in only design proposed for the subject project." He then submitted letter dated October 17, 1995 from Weston Pringle and Associates. He clarified for the Mayor that it would be a right hand, right out only gated entrance. The proposal is to construct a left-turn pocket in the m~dian 700' to 800' away from the intersection that would turn left into the project, but there would be no left turn allowed out of the project. Council Member Zemel. He asked if Mr. Mickelson was saying that the project would not work at all without the left-turn pocket or the right in and right out will do. 16 CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTES OCTOBER l?v 1995 Bob Mlckelson. From purely a traffic standpoint, it is possible to get in and out of the project with right in/right out only. Since working on this project back in July and August, times are changing and things are getting tighter. The ability to have the left turn in for the sales of the project, the on-going resales and the convenience of the neighbors combined translates into the ability to get a loan to build it and makes it near the point where they have to try as hard as possible to get it approved. Mayor Daly asked to hear from anyone else who wished to speak either in favor or in opposition. He reported that they have a letter on file from the adjacent homeowner's association saying that the neighbors are in unanimous support of the proposal for 24 single-family homes. No one else wished to speak. Mayor Daly asked to hear from staff relative to the traffic concerns. John Lower, Traffic and Transportation Manager. The concern is with the proposed left-turn access 700' south of the signalized intersection of Canyon Vista Serrano and Weir Canyon Road. Those left turns would be across three lanes of traffic going down hill at a grade similar to a location on Imperial Highway in the vicinity of Avenida Bernardo North (Canyon High School) where they will be shortly coming to the Council with a request to close the median island because of liability considerations. He does not have a count of the number of cars that turn left there each day, but there are more cars turning left at that location into the school. In the subject case, there will be approximately 14 vehicles turning left during the peak hour. At the same time 3,000 square feet of landscaping improvement will be lost in the scenic corridor. The biggest concern is the liability associated with the left-turn vehicles. Additional questions were posed to Mr. Lower by Council Members relative to other such non-signalized left turns on Weir Canyon wherein Mr. Lower stated that in thinking of different locations, there is only one he knows of but with a major difference, it involves an uphill grade rather than downhill as in this case and, therefore, vehicles are not going to be going the faster rate of speed. The issue is one of stopping site distance which is as good as the driver's attention -- the driver coming downhill and the judgment of the driver making the left turn and what is an adequate gap for a safe left-turn to be made. After further discussion, Mr. Lower reported that he had a chance to speak with the County Traffic Engineer today who was quoted in the fax'd letter of October 17, 1995 received today. Mr. Ochoa (County Traffic Engineer) was shocked that his conversation would be used in this way. His full discussion with Mr. Pringle is not contained in the letter. There was no research of the number of accidents which occurred at the intersections outlined. One not listed was mentioned to Mr. Pringle as being an accident concern -- the other at Trabuco north of E1 Toro Road. This analysis does not include any traffic accident history at the listed locations. Mayor Daly. He asked what reaction there would be to a proposal requesting that Mr. Pringle elaborate on his analysis and put that into the record. What they are hearing from City staff is that the analysis regarding the safety of the left-turn pocket is not complete. Bob Mickelson. He apologized for not having Mr. Pringle present tonight but he was unable to attend and he would have answers. He emphasized that they are in agreement on everything else but this one point and there is a strong 17 CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES OCTOBER 17, 1995 difference of opinion. He then briefed the logic they feel is true in this case. Council Member Zemel. He asked if the Council could approve the project tonight without the left-turn pocket and subsequently have that issue brought back to the Council. City Attorney White. The Council could approve all of the items tonight reserving only the one issue of whether or not there would be the left-turn cut and a pocket to a later date and then decide on that issue alone. It would not impact any of the other action items before the Council tonight. In talking to professional staff both in the Public Works and Planning Departments, it is staff's collective opinion if the project is approved, but later the median cut is denied, then the developer will have the decision whether to proceed with the project as designed or redesign it and come back. He confirmed it would only affect the Specific Plan and not the General Plan. Bob Mickelson. As long as that can be accommodated with staff, it is acceptable to them. If that issue can be continued, perhaps it can be resolved in two to three weeks time. City Attorney White. It could be back in two weeks since, although October 31 is a 5th Tuesday, a meeting is scheduled that date; Mayor Daly. That will be discussed later, but for purposes of this item, he suggested that it be agendized for November 7, 1995. Mayor Daly closed the Public Hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION= 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. MOTION CARRIED. Mayor Daly offered Resolution Nos. 95R-178 and 95R-179, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 95R-178= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 338 EXHIBIT A RESOLUTION NO. 95R-179= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AHAHEIM APPROVING AMENDMENT TO SYCAMORE CANYON SPECIFIC PLAN (SP88-1). Roll Call Vote on Resolution Nos. 95R-178 and 95R-179, both inclusive, for adoptions AYES~ NOES= ABSENT= MAYOR/COUNCIL MEMBERS= MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS= Tait, Lopez, Zemgl, Feldhaus, Daly None None The Mayor declared Resolution Nos. 95R-178 and 95R-179, both inclusive, duly passed and adopted. 18 CITY OF ANAHEIM, C&LIFORNI& COUNCIL MINUTE8 OCTOBER 17, 1995 Mayor Daly offered Ordinance No. 5529 for first reading. ORDINANCE NO. 5529: (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SYCAMORE CANYON SPECIFIC PLAN (SP88-1). Mayor Daly. A decision on the left-turn pocket will be continued until the next Council Meeting which is likely to be November 7, 1995. They will ask the applicant's Traffic Engineer to be present and be prepared to document some of the details regarding this request. D2. 179: CONTINUED PUBLIC HEARING - WAIVER OF CODE REQUIREMENT CONDITIONAL USE PEP. MIT NO. 3787 AND NEGATIVE DECLARATION: OWNER: DANTE AND EVELYN ENCARNACION, 1315 S. Anaheim Blvd., Anaheim, CA 92805 LO~ATION~ 13~5 and 13.21 South Anaheim Boulevard. Property is approximately 0.47 acre located on the west side of Anaheim Boulevard and approximately 760 feet south of the centerline of Ball Road. To permit a 46 bed board and care facility (currently 36 beds) with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3787 DENIED (PC95-107) (6 yes votes, 1 absent). Waiver of code requirement DENIED. Approved Negative Declaration. Informational item at the meeting of September 26, 1995, Item B3. HEARING S~T ON: A letter of appeal of the Planning Commission's decision was submitted by the Owner, Dante Encarnacion and Public hearing scheduled October 10, 1995. After public input and extensive discussion, the Public Hearing was continued one week to this date. PUBLIC NOTICE REOUIREMENTS MET By: Publication in Anaheim Bulletin - September 28, 1995. Mailing to property owners within 300 feet - September 28, 1995. Posting of property - September 29, 1995. PLANNING STAFF INPUT~ See staff report to the Planning Commission dated September 6, 1995. Mayor Daly. They have already heard from the applicant at the meeting of October 10, 1995 (see minutes that date). Since the Public Hearing is still open, he asked if there were any citizens who had not spoken who would like to speak at this time. He also asked if it was necessary to hear from the developer again. City Attorney White. It is not necessary to hear from the developer. He believes the hearing was continued to determine if there were additional public speakers. They should be given the opportunity to speak and then the developer given an opportunity to respond. Public Discussion - In Opposition: Pat Boydstun. She and her family are owners of a tri-plex at 138 W. Hill Place and are opposed to the expansion of the subject facility. She asked 19 CTTY OF AN~LHE'rMv CALIFORNIA COUNCIL H'I'NUTES OCTOBER l?v 1995 those present in the chamber audience who were also present in opposition to raise their hands (there were approximately six people who did so). She pointed out they are residents as well as owners of property. Her mother bought the tri-plex about 30 years ago and she and her mother lived in one of the units. It was a quiet, 'sleepy" neighborhood. In the past six months, the neighborhood has been upset and disturbed from the residents of both Crystal Court and Anaheim Court facilities. By the City granting both of the properties a Conditional Use Permit (CUP), they have established a psychiatric ward on their block. There are about 75 beds total and the neighborhood cannot handle it. She then referred to her two-page letter dated October 12, 1995 which outlined in detail the complaints, concerns and incidents leading to their request to have the expansion denied. She also elaborated on additional problems encountered. She reiterated that the neighborhood cannot tolerate the upset and disturbances of Police calls. It is too much and it needs to be stopped. Mr. John Lenney, Winston Road, Anaheim. He spoke to the parking problems, legal and illegal, that have occurred in the neighborhood stemming from the subject facility. Public Discussion - In Favor= None The Mayor asked to hear from the applicant. Mr. Dante Encarnacion. He addressed the parking issues which he feels have been remedied. He emphasized that he is giving a 100% effort to make the facility safe and can give no more. He believes in the quality of care for his clients and not the quantity. They are all high-functioning clients who are taking less medication and will soon be ready to leave the facility. He suffered a great deal of hardship to improve the facility and bring it up to code. He reiterated he was victimized by the real estate agent and the result cost him a great deal. He refurbished the facility himself with an independent handy man and that is how he survived. The reason why the facility was allowed 36 beds before, the last owner let his employees live there. In reality, it has the capability to house 46 people and that is why he made the request. No employees live at the facility now. He is disturbed by the concerns expressed by his neighbors. He may have made some mistakes, but now he is trying his very best and he will work with them to make the environment safe. There have been no complaints in the last month. Mayor Daly. He pointed out to the residents who have had to come to a number of meetings that the Planning Commission unanimously denied the CUP and the owner paid a fee which allows for a hearing before the Council. Council Member Tait. He asked that the Public Hearing be continued and in the meantime went out to the site and walked around it with the Planning Director. It seems to be well maintained and is an improvement and he commends the applicant. However, the bottom line is that it is only a half-acre site which already allows for 36 people and the request is to increase the density. It will be too many people on a 'postage stamp" site and he is going to vote to deny. Council Member Zemel. He maintains the same position as last week. As just stated by Council Member Tait, the size of the lot does not allow for a greater number of people. 2O CITY OF /~NAHEIM, CALIFORNIA COUNCIL MINUTES OCTOBER 17, 1995 ENVIRONMENTAL ~MPACT REPORT - NEGATIVE DECLARATION-DENIED= On motion by Mayor Daly, seconded by Council Member Feldhaus, the City Council denied the negative declaration upon finding that it has considered the negative declaration together with any co~ents received during the public review process, and further finding on the basis of the initial study and any comments received that there is substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Mayor Daly offered Resolution No. 95R-180 for adoption denying Conditional Use Permit 3787 incorporating the findings as determined by the City Planning Commission. RESOLUTION NO. 95R-180: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3787. Roll Call Vote on Resolution No. 95R-180 for adoption: AYES= NOES: ABSENT: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly None None The Mayor declared Resolution No. 95R-180 duly passed and adopted. D3. pUBLIC HEARING - CREATION OF UNDERGROUND DISTRICT NOS. 18t 19t & 20: To consider approval of the creation of Underground District No. 18 (Commercial Recreation Area Phase III), Underground District No. 19 (La Palma/Kraemer), and Underground District No. 20 (Lincoln/Brookhurst) in accordance with the requirements of Chapter 17.24 of Title 17 of the Anaheim Municipal Code relating to Underground Utilities. PUBLIC NOTICE REOUIREMENTS MET BY: Publication in Anaheim Bulletin - October 5, 1995. Mailing to property owners within 300 feet - October 5, 1995. Posting of property - October 6, 1995. STAFF INPUT: See Staff Report dated October 17, 1995 from the Public Utilities General Manager recommending approval of the creation of the three subject Underground Districts. Brian Brady, Assistant General Manager-Electric Services, Public Utilities Department. He presented three slides each showing the three areas where undergrounding will take place upon creation of Underground District 18, 19 and 20 which are a part of the Utilities Department Underground Conversion Program 5-Year Plan approved by the Council on April 4, 1995. He then reported for the Mayor that on District No. 18, construction will start the first quarter of 1997 and be completed in June, 1998, No. 19 will be from July 1996 to October, 1997 and No. 20 will be from February, 1996 to October, 1997. Mayor Daly opened the Public Hearing and asked to hear from anyone who wished to speak. 21 CITY OF ~N~HEIMv C~LIFORNIA COUNCIL MINUTES OCTOBER lT~ 1995 Jeff Kirsch, 2661 W. Palais, Anaheim. As in the past, he is speaking against the creation of the Underground Districts. The results are purely cosmetic and an inappropriate use of taxpayer's money. There were no additional speakers. Mayor Daly closed the Public Hearing. Mayor Daly offered Resolution Nos. 95R-181 through 95R-183, both inclusive, for adoption. RESOLUTION NO. 95R-181: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CREATING UNDERGROUND DISTRICT NO. 18 (COMMERCIAL RECREATION AREA PHASE III). RESOLUTION NO. 95R-182: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CREATING UNDERGROUND DISTRICT NO. 19 (LA PALMA/KRAEMER). RESOLUTION NO. 95R-183= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CREATING UNDERGROUND DISTRICT NO. 20 (LINCOLN/BROOKHURST). Roll ~all Vote on Resolution Nos. 95R-181 through 95R-183, both inclusive, for adoptions AYES: NOESs ABSENT: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS= MAYOR/COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly None None The Mayor declared Resolution Nos. 95R-181 through 95R-183, both inclusive, duly passed and adopted. C2. 114: COUNCIL COMMENTS: There were no Council comments at this time. C3. REPORT ON CLOSED SESSION ACTIONS: City Attorney Jack White stated that there are no actions to report. C=2~RIFICATION OF COUNCIL MEETING SCHEDULEs Mayor Dali. The scheduled Council Meeting of Tuesday, October 31, 1995 is Halloween and was a questionable Council Meeting date when the schedule was set. After a brief discussion, there was general Council consensus that the Council Meeting of Tuesday, October 31, 1995 be cancelled. 22 CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTE8 OCTOBER 17, 1995 Mayor Daly. If there is an issue which will require Council action during that week, the Council can always hold a Special Meeting. ~JOURN~NT= The Council Meeting of October 17, 1995 was adjourned (8=00 P.M.) No Council Meeting ie scheduled for Tuesday, October 24, 1995 due to the Annual California League of Cities Meeting in San Francisco. The Council Meeting of Tuesday, October 31, 1995 was cancelled. scheduled Council Meeting is Tuesday, November 7, 1995. LEONORA N. SOHL CITY CLERK The next 23