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1995/11/07CITY OF ~AHE?M, CAL'rFORNT~ COUNCIL M~'NUTES NOVEMBER ? ~ 1.995 The City Council of the City of Anaheim met in 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 CITY CLERK= Leonora N. Sohl ZONING DIVISION MANAGER: Greg Hastings TRAFFIC AND TRANSPORTATION MANAGER= John Lower DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson CODE ENFORCEMENT MANAGER= John Poole EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich DIRECTOR OF PARKS, RECREATION & COMMUNITY SRVCS/GOLF= Chris Jarvi A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 12~10 p.m. on November 3, 1995 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the meeting to order at 3=20 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 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: 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 LITIGATION= Name of case= Anaheim Stadium Associates v. City of Anaheim, Orange County Superior Court Case No. 44-81-74~ Anaheim Stadium Associates v. City of Anaheim, Orange County Superior Court Case No. 73-26-65~ Anaheim CITY OF ANAHEIMt CALIFORNIA COUNCIL MINUTES NOVEMBER 7, 1995 Stadium Associates v. Anaheim Redevelopment Agency, Orange County Superior Court Case No. 73-70-20. 3e PUBLIC EMPLOYEE PERFORMANCE EVALUATION (ANNUAL REVIEW) TITLE: City Clerk 4e CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) EXISTING LITIGATION: Name of case; Zenos v. City of Anaheim, Orange County Superior Court Case No. 73-32-65. 5e CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 2 potential cases. LIABILITY CLAIMS Claimant; Lindsay Miller Agency claimed against; City of Anaheim RECESS~ Mayor Daly moved to recess into Closed Session. Council Member Zemel seconded the motion. MOTION CARRIED. (3:21 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. p.m.). (5:25 INVOCATION= Moment of Silence FLAG SALUTE: Council Member Mayor Pro Tem Frank Feldhaus led the assembly in the Pledge of Allegiance to the Flag. 119~ PRESENTATION - OUTSTANDING ACHIEVEMENT FOR PEDESTRIAN SAFETY~ Presentation of Outstanding Achievement for Pedestrian Safety awarded by the Automobile Club of Southern California. Cinda Raymond, Manager of the Automobile Club District Office first explained hOW the Pedestrian Safety Program got started 56 years ago in 1939. Today, it is a great pleasure to present this award once again to the City of Anaheim and its representatives, John Lower, Traffic and Transportation Manager/Public Worko and John Haradon of the Police Department who have been very instrumental in carrying out the program. Mayor Daly thanked Ms. Raymond and the Automobile Club on behalf of the City. As a tourism center, safety and cooperation among City Departments in advising and protecting visitors is a very important issue. He also commended John Lower and John Haradon. CITY OF ANAHEIM, CALIFORNI~ COUNCIL MINUTES NOVEMBER 7, 1995 119~ DE_~.~KATIONS OF RECOGNITION AND COMMENDATION: Declarations of Recognition and Commendation were unanimously adopted by the City Council to be presented to Scott Wesley Belt and Denny Tucker (an Anaheim Code Enforcement Officer) for assisting the Fire Department in a special way. Battalion Chief, Roger Smith introduced both Scott and Denny and briefed their heroic acts which occurred on September 21, 1995 relating to an apartment building fire. Mr. Belt helped.break the fall of a woman jumping from a second story window thus minimizing her injuries and, Mr. Tucker assisted in the rescue of several individuals trapped in the fire. Mayor Daly and Council Members personally coeunended the men for providing invaluable and courageous assistance to the Fire Department at the risk of their own safety. 119~ RECOGNITIONS AI~EHORIZED BY ~OUNCIL THIS DATE TO BE MAILED OR PRESENTED AT~OTHERTX~E~ PROCLAMATION recognizing November 6 - 17, 1995, as Anaheim Employees Charities Weeks. DECLARATION honoring Philip Moddel for his contribution to the Temple Beth Emet. DECLARATION recognizing Anaheim Memorial Hospital for implementing revolutionary waste management products. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,252,920.96 for the period ending October 23, 1995, $2,703,035.80 for the period ending October 30, 1995 and $2,977,679.62 for the period ending November 6, 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. (5:36 p.m.) Mayor Daly reconvened the City Council meeting. (6~15 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTERESTI Mr. Harry Wadsworth, Miracle Terrace Adult Apartment Community, 225 S. Western Avenue, Anaheim. The traffic people have narrowed Western Avenue to two lanes north and south. Where the tenants exit out of their units just north o~ Western High School, there have been several bad accidents. These are 80 and 90-year old people. A left turn was installed which they appreciate. From Lincoln to the school or to Orange, it is posted 25 MPH or 35 if there are no students. He then relayed some traffic incidents that had occurred and subsequently made some suggestions as to how he feels the problem could be resolved. Mayor Daly. He noted that the City Traffic Engineer was present and suggested that Mr. Wadsworth speak to him and explain the problem and some of the possible solutions. CITY OF ANAHEIM, CALIFORNI& COUNCIL MINUTES NOVEMBER ?, 1995 Michael Elanco, 424 N. Philadelphia, Anaheim. He is the new Chairman of the Central City Block Grant Committee. He then relayed a number of problems that he stated occurred at the election held 10/28/95 specifically relative to having proper identification in order to be able to vote and other irregularities whichhe feels have to stop. Council Member Zemel. He believes the whole process is being reviewed which has been brought to Mr. Elanco's attention and this is the first year there was a problem. Mr. Blanco stated he.understands, but the reason he is before the Council is to bring the situation out in a public forum. Mayor Daly. They will be asking staff to monitor the procedures in the future. Everything that happens as far as the process must be part of the Federal HUD guidelines. Before concluding, Mr. Blanco stated that one of the items on their "wish list" is to have an INS offer working out of the City's jail as has been proposed. George MacLaren, Secretary, Citron Neighborhood Council. Steve Swaim, Neighborhood Services, was present on their election night as were'several other City staff members. People started lining up at 6530 for the 7=00 P.M. meeting. The meeting started at 7:15 and there were 139 in attendance. Everybody showed their identification and it worked flawlessly thanks to City staff. Jeff Kirsch, 2661 W. Palais, Anaheim. He referred to several recent newspaper articles having to do with infrastructure problems in Santa Ana and Chicago. He also referred to a recent article on the 10 best cities in the United States owing to long-term investments and strategies. He questioned if Anaheim was also doing likewise'or what can be done in the future that is not being done today. PUBLIC COMMENTS - AGENDA ITEMS: Public input was received on Agenda Item A7. Item. See discussion under that MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of November 7, 1995. Council Member Lopez seconded the motion. MOTION CARRIED. CITY MANAGER/DEPaRTMENTAL CONSENT CALENDARs On motion by Mayor Daly, seconded by Council Member Lopez, the following items were approved in accordance with'the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Mayor Daly offered Resolution Nos. 95R-184 through 95R-186, both inclusive, for adoption and offered Ordinance No. 5530 and 5531 for first reading. Refer to Resolution/Ordinance Book. CITY OF ~waW~IM, CALIFORNIA COUNCIL MINUTES NOVEMBER 7, 1995 Al. 118: Rejecting and/or denying certain claims filed against the City. The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. claim submitted by Robert B. Leholm c/o Joan C. Handzel, Esq. for indemnity sustained purportedly arising out of actions of the City on or about December 27, 1994. (Main action: Wright vs. Leholm et al. OCSC No. 76 52 76) b. Claim submitted by Kim Dixon for property damage sustained purportedly due to actions of the City on or about April 28, 1995. c. Claim submitted by Richard L. Capozzi for bodily injury and property damage sustained purportedly due to actions of the City on or about April 17, 1995. d. Claim submitted by Linda A. Perez for property damage sustained purportedly due to actions of the City on or about September 13, 1995. e. Claim submitted by Ion Rosca for property damage sustained purportedly due to actions of the City on or about July 20, 1995. f. Claim submitted by Lindsay E. Miller c/o William M. Vlosky, Esq. for bodily injury sustained purportedly due to actions of the City on or about March 31, 1995. g. Claim submitted by Pearl C. Hill for property damage sustained purportedly due to actions of the City on or about June 28, 1995. h. Claim submitted by Leo Linn for bodily injury sustained purportedly due to actions of the City on or about August 18, 1995. i. Claim submitted by'William G. Whitworth for property damage sustained purportedly due to actions of the City on or about May 29, 1995. J. Claim submitted by Prudential Insurance (Janet Stephens, Insured) for property damage sustained purportedly due to actions of the City on or about January 30, 1995. k. Claim submitted by Troy E. Lyman for prQperty damage sustained purportedly due to actions of the City on or about September 22, 1995. 1. Claim submitted by Isabel Talamantez Ahumada c/o Isaac Nalive, Esq. for Property damage and bodily injury sustained purportedly due to actions of the City on or about August 11, 1995. m. Claim submitted by Noemi Armenita Saucedo for property damage and bodily injury sustained purportedly due.to actions of the City on or about August 11, 1995. n. Claim submitted by Rosario Saucedo for property damage and bodily injury sustained purportedly due to actions of the City on or about August 11~ 1995. C~TY OF 21LN~%HE~, C~LIFORN~ COUNC2L ~NUTES NOVENBER?, 199S o. Claim submitted by Christopher G. Rioux for property damage sustained purportedly due to actions of the City on or about September 14, 1995. p. Claim submitted by Richard and Amy Sanchez for property damage sustained purportedly due to actions of the City on or about July 20, 1995. q. Claim submitted by Keith Bambrick for property damage sustained purportedly due to actions of the City on or about August 21, 1995. A2. 105: Receiving and filing minutes of the Public Utilities Board meeting held September 7, 1995. 105: Receiving and filing minutes of the Telecommunications Policy Advisory Co=~ittee meeting held August 17, 1995. 105~ Receiving and filing minutes of the Budget Advisory Commission meetings held August 16, 1995 and September 20, 1995. 105: Re=siring and filing minutes of the Community Redevelopment Commission meeting held August 16, 1995. 105: Receiving and filing minutes of the Senior Citizens Commission meeting held September 14, 1995. 105: Receiving and filing minutes of the Community Services Board meeting held September 14, 1995. 105: Receiving and filing minutes of the Anaheim Park and Recreation Commission meeting held September 27, 1995. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held September 27, 1995. 105: Receiving and filing minutes of the Anaheim Private Industry Council meeting held September 28, 1995. 173~ Receiving and filing an Application filed before the Public Utilities Con~mission of the State of California in the matter of application of Kaveh Kam. yab dba POTKIN TRANSPORTATION SERVICE for the authority to operate as a Passenger Stage between certain portions of Los Angeles, Orange Counties on one hand, and Los Angeles International Airport, Burbank Airport Long Beach Airport, John Wayne Airport, Amtrak Station and Los Angeles and Long Beach Harbors on the other hand. 128: Receiving and filing the Monthly Financial Analysis presented by the Director of Finance for two months ended August 31, 1995. A3. 123: Approving an Amendment to Agreement dated November 17, 1992, with Holmes & Narver to provide additional fees for architectural and engineering services in the amount of $37,803 required for development of the Anaheim Hills Police Substation. Council Member Tait abstained on this Item. 6 CITY OF ANAHEIMv CALIFORNIa% COUNCIL MINUTE8 NOVEMBER 7, 1995 A4. 169: Approving and supporting the submittal of the. Caltran's Transportation Enhancement Aesthetic (TEA) application for the I-5 North Aesthetic Enhancement project. AS. 169~ Approving and supporting the submittal of the Caltran's Transportation Enhancement Aesthetic (TEA) application for the Median Landscaping Improvements along Beach Boulevard (SR-39). A6. A7. 151: Approving an Encroachment License for two private storm drains located within the right-of-way of Lincoln Avenue and Clementine Street as requested by Disney Goals,-in conjunction with the construction of the onsite drainage facilities of the Disney Ice Rink. 123: Approving an Agreement with Hellmuth, Obata and Kassabaum, Inc., in the amount of $1,324,743 to provide Master Planning and Conceptual Design Services for the Anaheim ConventioD Center Enhancement Project, and amend the Public Works FY 1995-96 Capital Improvement Budget to incorporate funds totalling $1,500,000 for expenditures associated with the Anaheim Convention Center Enhancement Project. Jeff Kirsch, 2661 W. Palais, Anaheim. He posed questions relative to this item, i.e., can the expenditures be phased, can parts of the program'be structured to identify the available money first, what is the cost of the project going to be, etc.; Council Member Zemel suggested that, if possible, Mr. Kirsch contact staff beforehand who would be happy to discuss with and answer any questions he may have on items recommended for Council approval. Council Member Tait also posed questions relative to the selection process and the experience of the principals involved which were answered by City Manager Ruth and the General Manager of the Stadium and Convention Center, Greg Smith. Mayor Daly. A very competitive process took place resulting in the staff recommendation for the City to hire HOK. There is no question they need the best possible Master Plan at the earliest juncture in order to proceed relative to the future of t~e Convention Center. Speaking as an individual, he wants to completely understand all the details of the Master Plan recommendation before proceeding to the next important step based on the cost- benefit analysis already received from Coopers and Lybrand. A8. 158= RESOLUTION NO. 95R-184: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING THOSE CERTAIN IRREVOCABLE OFFERS OF DEDICATION FROM TRACT MAP NO. 10407 (LOCATED NORTH AHD WEST OF IMPERIAL HIGHWAY ALONG BIG SKY LANE.) Ag. 176: RESOLUTION NO. 95R-185: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AHAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS (95-9A), AHD SETTING A PUBLIC HEARING TO CONSIDER THE ABANDONMENT OF THOSE CERTAIN EASEMENTS FOR WATER, ELECTRICAL AND IRRIGATION PURPOSES RUNNING OVER AND ACROSS THAT CERTAIN PROPERTY LOCATED ON THE SOUTH SIDE OF ORANGETHORPE AVENUE BOUNDED ON THE .EAST BY THE UNION PACIFIC RAILROAD RIGHT-OF-WAY (COMMONLY KNOWN AS 400/500 EAST ORANGETHORPE AVENUE (ABAHDONMENT NO. 95-9A). (Suggested public hearing date: December 5, 1995 at 6:00 p.m.) Al0. 160: Accepting the low bid of Elevator Specialty Corporation, in.an amount not to exceed $31,862.25 for elevator/dumbwaiter modernization, in accordance with Bid $5443. CITY OF ~--NAHEIM, CALIFORNIA COUNCIL MINUTES NOVEMBER 7, 1995 All · 160: Accepting the bid of Kuhlman Corp, in the amount of $47,375 for 25 single-phase subsurface transformers, switched, in accordance with Bid $5434. A12 · 160~ Accepting the bid of San Dieguito Printers, in an amount not to exceed $64,184.40 for printing of the Anaheim Magazine as required for the period of November 1, 1995 through October 31, 1996. A13. 160= Accepting the bid of Wesco, in the amount of $69,147 for nine three-phase padmount transformers, in accordance with Bid $5436. 160~ Accepting the bid of Pauwels Transformers, in the amount of $144,345 for 11 three-phase padmount transformers, in accordance with Bid $5436. Al4. A15. 169: Accepting the low bid of Damon Construction Company, in an amount not to'exceed $100,000 for the removal and replacement of residential sidewalks and street light foundations for a period of one year beginning November 1995, in accordance with Bid $5441.. 160~ Accepting the low bid of WeStern Paving Contractors, in an amount not to exceed $111,118.75 for reconstruction of the asphalt parking lots at the Utilities Service Center, in accordance with Bid $5438. A16. 160~ Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a Purchase Order to Hardin Oldsmobile, in the amount of $34,000 for one GMC Suburban wagon for the Police Department SWAT Team. Al7. 123~ Approving the terms and conditions of the Agreement with Tejas Investments, Inc., for cost-sharing of traffic control during Arena events; and approving the Certificate of Cancellation of the Williamson Act Agricultural Preserve Agreement between the City and Herbert Douglass, et al. A18. 184~ Ratifying the Eighth Proclamation of the Existence of a Local Emergency issued by the Director of Emergehcy Services on October 31, 1995, concerning the Santiago Landslide and Pegasus Landslide in the City of Anaheim, and (ii) taking no action to terminate the local emergency at this time. A19. 123: Approving a contract for golf professional services at both City golf courses with Robert Johns, PGA, for a term February 1, 1996 to June 30, 2001. Mayor Daly. Relative to the cost-benefit of the change, a dollar figure of approximately $150,000 was mentioned. He asked if that was realistic. City Manager Ruth. He answered, yes and stated he feels that is a real number. He also confirmed for th~ Mayor that it would not limit the City's management ability to contract for services in the future.. Council Member Zemel. He asked if this was an opportunity to earmark the Anaheim Hills Golf portion towards the proposed Anaheim Hills CommunitY Center, recalling discussions earlier in the year relative to the possibility that cost savings realized in the courses be dedicated to that center. CITY OF AN~tHEIMv CALIFOR~.IA COUNCIL MINUTES NOVEMBER ?v 1995 City Manager Ruth. It is a p~licy decision for the Council to make~ Council Member Zemel. He feels this is an opportunity to have funds dedicated to making the community center a reality and would like to offer that as a part of this action. Mayor Daly asked to hear from the City Manager relative to what the customary budget practice is in terms of allocating funds for capital projects. City Manager Ruth. He would recommend, once the revenue is generated, to bring that back as a budget issue for Council policy consideration and if the Council decides to earmark the funding, they could then do so. The revenues are a projection at this point. He reiterated, his recommendation would be to take the matter up at budget time.and staff can give a progress report at that time. Council Member Zemel agreed that it could be considered at that time. A20. 123~ Approving a Cooperative. Agreement between th~ City of Anaheim and the California Department of Education, in the amount of $109,896 for the period of July 1, 1995 through June 30, 1996. (Job Training Program.) A21. 137= RESOLUTION NO. 95R-186= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ~/~AHEIM APPROVING THE SALE BY THE REDEVELOPMEN~ AGENCY OF ITS ANAHEIM REDEVELOPMENT PROJECT ALPHA. 1995 TAXABLE TAX ALLOCATION BONDS (HOUSING). (SOUTH ROMNETA REVITALIZATION PROJECT.) 107~ ORDINANCE NO. 5530 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM WHICH WILL REPEAL EXISTING CHAPTER 16.08 AND ADD NEW CHAPTER 16.08 TO TITLE 16 OF THE ANAHEIM MUNICIPAL CODE, ADOPTING THE UNIFORM FIRE CODE, 1994 EDITION, WITH CERTAIN AMENDMENTS THERETO. 107~ Setting the Public Hearing on the adoption of the Uniform Fire Code, 1994 Edition, with amendments, for November 28, 1995. 107= Setting the Public Hearing on revision of fees for service rendered by the Fire Prevention Division of the Fire Department for November 28, 1995. A23. 107= ORDINANCE NO. 5531 (INTRODUCTION) AH ORDINANCE. OF THE CITY OF ANAHEIM REPEALING CERTAIN CHAPTERS OF TITLE 15 AND ADDING NEW CHAPTERS TO TITLE 15 OF THE ANAHEIM MUNICIPAL CODE ADOPTING THE BUILDING, ABATEMENT OF DANGEROUS BUILDING, ELECTRICAL, HOUSING, MECHANICAL, PLUMBING, SOLAR ENERGY, AND SWIMMING POOL, SPA, AND HOT TUB CODES~ AMENDING PROVISIONS OF CHAPTER 6.56 OF TITLE 6 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO POOLS AND PONDS, AND AMENDING PROVISIONS OF 17.04 AND 17.28 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO GRADING AND FLOOD ~AZARD REDUCTION. A24. 107= Setting a public hearing on. the above-referenced ordinance~ and a Schedule of Fees relating thereto, to be held November 28, 1995 in the Anaheim City Council Chambers. 123= Approving an Agreement with Southern Pacific Transportation Company (Southern Pacific), permitting the City Of Anaheim to construct, maintain and operate power and telecommunication facilities for a one- time fee of $460 and an annual rental fee of $115 and authorize the 9 CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTES NOVEMBER 7v 1995 A25. A26. A27. A28. A29 · Public Utilities General Manager to execute the Agreement and related documents on behalf of the City. 123: Approving License Agreements (OC-09, 10, 43, 44, 45, 46) with Orange County Transportation Authority (OCTA) permitting the City of Anaheim to construct, maintain and operate overhead fiber optic digital telecommunication lines; and authorizing the Public Utilities General Manager to execute the License Agreements and related documents on behalf of'.Anaheim; and 123: Ratifying the City Manager's execution of the Right of Entry granted by OCTA to Anaheim. 175: Approving the City Facility Water Conservation Retrofit Project that provides ultra-low-flush toilets and low-flush urinals to five City facilities; and 123: Ap~roying a Le%ter Agreement No. 617 between the Metropolitan Water District of Southern California (MWD) and the City of Anaheim that provides 90 percent funding for the City Facility Project; and authorizing the Public Utilities General Manager to execute the Agreement.and'related documents onbehalf of the City. 123: Ratifying a Sublease Agreement for office space rental at Anaheim Stadium between the City of Anaheim and Orange county Arena Football, LLC, which was approved by the Stadium/Convention Center General Manager; and authorizing the Stadium/Convention Center General Manager to renew the Agreement for additional 12-month periods upon the same terms and conditions. 156~ Accepting a Grant Award in the amount of $5,000 from the U.S. Department of Justice, Office of Community Oriented Policing Services, for reimbursement of allowable training costs for one qualified Police Officer currently involved in the "COPS AHEAD" Grant Program; and authorizing the Chief of Police to execute and submit all documents relating thereto. 114: Approving minutes of the Anaheim City Council meetings held October 3, 1995, October 10, 1995, and October 17, 1995. Roll Call Vote on Resolution Nos. 95R-184 through 95R-186, both inclusive, for adoption: AYES: NOES: ABSENT: MAYOR/COUNCiL MM.ERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly None None The Mayor declared Resolution Nos. 95R~184 through 95R-186, both inclusive, duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. .Council Memeber Tait abstained on Item A3. 10 CITY OF ~-N~HEIM, CALIFORNIA COUNCIL MINUTES NOVEMBER 7, 1995 D1. ~79= PUBLIC ~.~RING - WAIVER OF CODE REOUIREMENT CONDITION_aL USE PERMIT NO. 3780 AND NEOATIVE DECLARATION= OWNER= QUAKER CITY BANK, 7021 Green Leaf Avenue, Whittier, CA 90602 AGENT= BYUNG S. HA, 184 Duranzo Aisle, Irvine, CA 92714 LOCATION= 2341 West Lincoln Avenue. Property is approximately 0.57 acre located on the north side of Lincoln Avenue and approximately 160 feet east of the centerline of Belinda Circle. To permit a church in an existing 3-story, approximately 13,450 square foot, office building with waiver of required landscaped setbacks for institutional uses adjacent to residential zones, required trees adjacent to a street frontage, required parking lot landscaping, and minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION= CUP NO. 3780 GRANTED with changes to conditions (PC95-108) (6 yes votes, i absent). Approved waiver of code requirement. Approved Negative Declaration. HEARING SET ON= A letter of appeal of the Planning Commission's decision was submitted by Jim Travis Tice, Catanzarite & Co., Inc. and Public Hearing scheduled this date. PUBLIC NOTICE HEOUIREMENTS MET BY= Publication in Anaheim Bulletin - October 25, 1995 Mailing to property owners within 300 feet - October 26, 1995. Posting of property - October 27, 1995. STAFF INPUT= See staff report to the Planning Commission dated September 6, 1995 City Clerk Sohl announced that she received letter dated November 7, 1995 earlier today from Mr. Kenneth Catanzarite, Catanzarite Law Corporation, withdrawing the appeal of the subject item. City Attorney White. Even thoughthe appeal has been withdrawn, the Council is still required to hold a hearing but it will be an expedited process unless there is other opposition to the project. He suggested that the Council open the hearing and ask if there is opposition. If not, the records of the Planning Commission hearing where this item was approved as well as the minutes of the Planning Commission meeting summarizing the evidence can be incorporated into the record and Council can act on the matter to avoid a lengthy process that may not have any opposition. Mayor Daly opened the Public Hearing and asked to hear from anyone in opposition; no one spoke in opposition. City Attorney White. The applicant has a right to make a statement but at this time there appears to be no opposition so it is not necessary that a presentation be made. Mr. Kevin K. Haah, Sidley & Austin, Attorneys for Holy Grace Korean Church. Although he is ready to proceed With the merits of the project, in the interest of saving time, he will forego doing so unless the Council wishes him to proceed. 11 CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES NOVEMBER ?, 1995 City Attorney White. It is not necessary, that the Council receive additional evidence. The evidence presented that supported the permit can be incorporated and is hereby incorporated unless there is opposition by the Council. MOTION. Council Member Zemel moved to incorporate the proceedings and evidence presented at the Planning Commission hearing as part of the record of this Public Hearing. Council Member Tait seconded the motion. MOTION CARRIED. The Public Hearing was closed.. ENViRONMeNTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Zemel, seconded by Council Member Daly, 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. Council Member Zemel offered Resolution 95R-187 for adoption. RESOLUTION NO. 95R-187= A RESOLUTION OF TH~ CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3780. P. ol~ Ca~l Vote on Resolution No. 95R-187 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-187 duly passed and adopted. D2. 179= PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3788 AND NEGATIVE DECLARATION: OWNER: MOHAMMAD JOHAR, 1074 N. Tustin Avenue, Anaheim, CA 92807 AGENT= SAMIR JOHAR, 1074 N. Tustin Avenue, Anaheim, CA 92807 LOCATION: '1074 NOrth Tustin Avenue. Property is approximately 1.67 acres located on the east side of Tustin Avenue and located approximately 350 feet south of the centerline of La Palma Avenue. (Mr. J's). ~o permit a public dance hall within an existing restaurant with cocktail lounge. ACTION TAKEN BY THE PLANNING COMMISSION= CUP NO. 3788 DENIED (PC95-112) (6 yes votes; i absent). Approved Negative Declaration. HEARING SET ON: A letter of appeal of the Planning Commission's decision was submitted by Farano & Kieviet on behalf of the Owner, Mohammad Jobar and Public Hearing scheduled this date. 12 C~TY OF i~AHE~M~ CALIFORNIA COUNCIL M~'NUTES NOVEMBER PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - October 26, 1995 Mailing to property owners within 300 feet - October 25, 1995. Posting of property - October 27, 1995. STAFF INPUT= See staff report to the Planning Commission dated September 18, 1995 City Attorney White. Because the City has received a rather voluminous amount of material that he personally did not receive until 2~00 p.m. today, he would like to recommend that the Counci~ open the hearing but subsequently continue it for one week to allow staff the opportunity to go through the material and formulate necessary responses as part of the hearing process. He feels it would be unfair to have either the Council or the staff, as well as being unfair to the applicant, if there was not sufficient opportunity to adequately digest the material submitted. He would like the matter continued for one week. MOTION. Council Member Zemel moved to continue the Public Hearing for one week Before further action, City Attorney White suggested that first the Public Hearing be opened. He assumes that Mr. Farano, the Attorney for the applicant, is present and if he wants to make a comment about the recommendation for continuance, that he be given the opportunity to do so. Mayor Daly. He opened the Public Hearing but noted that staff is recommending a one-week continuance. He invited anyone who wished to speak to do so at this time. Jeff Farano, Attorney, Farano &.Kieviet, 2100 S. State College Boulevard, Anaheim, representing the Applica~[. He first noted that the material presented is not as voluminous as it looks. -He then explained why he was unable to submit it in a timely fashion. He understands that the City Attorney has not had an opportunity to review the material and he has no opposition to continuing the hearing for one we~k. He does not believe there is any opposition present tonight. He would rather have the whole issue considered at once rather than receiving input tonight and then again next week. He agrees with the continuance unless there are other people in the audience who would oppose a continuance. Mayor Daly asked if there were any other persons who wished to speak this evening~ there was no response. Mayor Daly seconded the motion of continuance. MOTION CARRIED. D3. ~79: pUBLIC NEARING - WAIVER OF coDE REOUZREMENT ~NDITZONAL USE PERMIT NO. 3?89 AND NEGATIVE DECLARATION: OWNER: MELVIN R. SCHANTZ JR., C/O EMS Partners, 30101 Town Center Drive, $201, Laguna Niguel, CA 92677 AGENT: AIR TOUCH CELLULAR, Attn: Eric Meurs, P.O. BOX 19707, Irvine, CA 92713 LOCATION: 2711 East Coronado Street. Property is approximately 0.15 acre located at the northwest, terminus ~f Coronado Street and abutting the east side on the 57 Freeway and having a frontage of approximately 13 C~TY OF AN~E~H~ CALiFORNiA COUNCIL ~NUTES NOVEMBER ?~ ~995 55 feet on the north side of Coronado Street and located approximately 1080 feet west of the centerline of Blue Gum Street. To permit a 76-foot high cellular monopoly tower and accessory equipment room with waiver of minimum structural setback abutting a freeway right- of-way. ACTION TAKEN BY THE PLANNING COMMISSION~ CUP NO. 3789 GRANTED (PC95-116) (6 yes votes, i absent). Approved waiver of code requirement. Approved Negative Declaration.' HEARING SET ON= A letter of appeal of the Planning Comm-ission's decision was submitted by Richard B. Winn, Taormina Industries and Public Hearing scheduled this date. PUBLIC NOTICE REOUIREMENTS MET BY= Publication in Anaheim Bulletin - October 26, 1995 Mailing to property owners within 300 feet - October 25, 1995. Posting of property - October 27, 1995. STAFF INPUT~ See staff report to the Planning Commission dated September 18, 1995 Greg Hastings, Zoning Division Manager. He summarized the subject request and noted that the Planning Commission determined that the monopole toWer was appropriate for this remnant parcel. Mayor Daly opened the Public Hearing and asked first to hear from the applicant. Eric Meurs representing AirTouch Cellular. The site is a good one being in an industrial zone. They tried hard to make it fit into the scheme of the Council's direction in the past. Mr. Winn, representing Taormina Industries, has appealed o~ several issues, one being the site has a potential to interfere with the company's future growth prospects for the area and also with their existing two-way radio system. He met with Mr. Winn, discussed the issues in detail, and believes they have come to an understanding and can address the issues to his satisfaction. Currently, Mr. Winn does not own the property, but his client has future intentions of obtaining the parcel and other surrounding parcels. They discussed if he did become the owner, AirTouch would work with him to alleviate any concerns. The site is a prefabricated equipment building that is set on a foundation and is easily removed if necessary as well as the pole. If found to interfere with his potential uses, they could work with him to do that as well. It is an unmanned facility requiring very limited access. They feel it is a very necessary use for the area because cellular usage in the area is quite high and the quality of coverage is poor. Relative to interference with two-way radios, they are on the 800 MHZ band as well as Taormina Industries. The FCC mandates as part of their license, that they are not to interfere with existing uses and, if so, they are to correct the problems. If unable to do so, they would have to shut down. He feels they have adequately addressed the concerns. They have almost 500 sites within their system in the Los Angeles area and those concerns have not been raised. 14 C~TY OF ANAHE~H~ CALiFORNiA COUNCIL H~NUTES NOVEMBER 7~ L995 Richard Winn, 1131 No. Blue Gum, ~naheim, representing Taormina Industries. He is not so sure they are against this item. Due to a noticing problem they were unable to attend the Planning Commission meeting to express their concerns. Their two-way radio communications company has expressed that they have experienced problems with systems in close proximity.to the monopole. If that can be worked out to their satisfaction, it is not a problem. They hoped in the staff report to the Plannin~ Commission there would have been a comment regarding the issue possibly stipulating that any necessary repairs would be the responsibility of AirTouch. Mayor Daly. He asked if Mr. Winn's request was that the application be denied or was he suggesting that more time be allocated to try to resolve the difference of opinion. Mr. Winn. They are hopeful there could be an amendment to the approval perhaps in the form of a resolution that would address the issues satisfactorily and let the development proceed. He clarified that he had not submitted any language to that effect~ City Attorney White clarified for Council Member Tait that the Council could add a condition but with the caveat that, as the applicant indicated, these matters are governed by FCC regulations and they are going to have to comply. Otherwise, he does not see a problem adding a condition that would provide that the transmission would not interfere with other two-way radio installations. Richard Wlnn. Answering the Mayor, he stated they would like to recommend that the resolution be amended to r~quire any.disfunctional aspects that would affect their transmission be corrected by AirTouch in a timely manner and that they would provide appropriate easements for AirTouch to access the site if the property is acquired. Currently, there is an abandonment in process at the end of the street. They would be more than willing to provide easements for the uses or relocate it if necessary. Manuel Ontiveras, Chairman, Parks and Recreation Commission. AirTouch has come before the Council twice for towers at Lincoln Park and Riverdale Park which were approved by a majority of the Council. This is the third tower proposed, but in an industrial area which is no problem. A fourth tower will be coming before the Council in a couple of weeks at western High School. The problem he sees is that there are four companies in the telecommunications industry and if the Council is going to start allowing these poles'which he feels are an eyesore, that a Master Plan needs to be developed. He has a problem putting a tower in a park. The Council should inquire how many towers AirTouch wants to put in the City. At this time, he would like the Council to deny the permit and/or work with.AirTouch to develop a plan. Eric Meurs. He is not opposed to the language proposed but he does not know how they can draft language if they acquire the property in the future. However, he feels they can work with Mr. Winn or a future buyer. Relative to Master Planning, the other request that may come before the Council on the site at Western High School is an existing site and the pole is a replacement pole. They are also changing their technology which will alleviate the need for additional towers in Anaheim. He cannot say they will not require another tower,'but it will help curb that need. Mayor Daly. He suggests the representative from AirTouch and the appellant be given a couple of weeks to work out appropriate language since there seems to be a desire to do so. He would feel more comfortable knowing exactly what they are voting on and the i~plications. 15 CITY OF ANAHEIM; CALIFORNIA COUNCIL'MINUTES NOVEMBER 7, 1995 MOTION~ Mayor Daly moved to continue the Public Hearing for three weeks. the meeting of November 28, 1995. Council Member Feldhaus seconded the motion. MOTION CARRIED. To Council Member Feldhaus. Relative to the comments of Mr. Ontiveras, AirTouch in prior hearings did submit a map of their existing and proposed tower locations throughout the City that did cover all their communication needs. At the time, they made a statement to the effect that they would not need any further locations or sites in Anaheim over and above those proposed. Council Member Zemel. He did oppose the last request from ~irTouch because the location was in a park. At that time, the con~nent was made that a Master Plan would be formulated and staff would tighten up on future sites. During the continuance, he would like to hear from-staff relative to that plan since it was last February when the Council requested a tightening up on tower issues. He would like to know what the plan really means. Council Member Feldhaus. There are basically only two companies -- AirTouch and L.A. Cellular. There was also a conunent made that the pol~s are temporary in nature due to the advancing technology which will reduce the size of the directionals which have already decreased dramatically. Council Member Lopez. Even though there is no Master Plan, he feels comfortable having approved those that have been approved. They should definitely look into future plans if there are going to be additional towers. Greg Hastings. The Planning Commission has scheduled a workshop in approximately three weeks. One of the providers has hired a consultant and the consultant is going to provide the Planning Commission information on how the new system works. They have asked all providers they are working with to hold off for further study before submitting any new applications. Council Member Zemel. He stated there have been rumors there is a health problem with cellular and he would like to get a report on that issue to see if there is any truth to it. ~'P~(S B1 - B)i FROM ~'~ PLANNING COMMISSION MEETING OF OCTOBER 16r 1995 INFORMATION ONLY - APPEAL PERIOD ENDS NOVEMBER 7r 1995 B1. 179~ REr?r~SIFI~a~ION NO. 94-95-09 CONDITIONAL USE PERMIT NO. 3776 AND NEGATIVE DECLARATION~ OWNER= DONALD A. MILLER, C/O Glenn Hellyer, 1225 W. Lincoln Avenue, Anaheim, CA 92805 AGENT= GLENN HELLYER, 1225 W. Lincoln Avenue, Anaheim, CA 92805 LOCATION: 301 S. Anaheim Boulevard. Property is approximately 0.87 acre located at the southwest corner of Anaheim Boulevard and Broadway. For a change in zone from the C~ (Commercial, General) Zone to the CL (Commercial, Limited) or a less intense zone. To permit a 3,075-square foot drive-through restaurant with an outdoor patio area. 16 CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTES NOVEMBER ?, 1995 ACTION TAKEN BY THE pLANNING COMMISSION: RECLASSIFICATION NO. 94-95-09 GRANTED, UNCONDITIONALLY (PC95-130) (7 yes votes). CUP NO. 3776 GRANTED (PC95-131). Approved Negative.Declaration. A review of the Planning CommiBsioh's deciB£on was requested by Council Members Lopez and Tait, and therefore, a public hearing will be scheduled at a later date. B2. ~79= CONDITIONAL USE pERMIT NO. 103f CATEGORIC~T~.Y EXEMPTr CLASS 21s OWNERs FU JUNG CHUNG & LING C. CHUNG, 500 S. Beach Blvd., Anaheim~ CA 92804-1811; HENRY KUO & SHU I KUO, 9334 Rives Ave., Downey,CA 90240 INITIATED BY= City of Anaheim, Code'Enforcement Division, 200 S. Anaheim Blvd. Anaheim, CA 92805 LOCATION: 500 South Beach Boulevard (Calico Motel). Property is approximately 0.36 acre located on the east side of Beach Boulevard and approximately 396 feet north of the centerline of Orange Avenue. City-initiated request to consider revoking or modifying Conditional Use Permit No. 103 (to permit an 18-unit motel) pursuant to Section 18.03.091 of the Anaheim Municipal Code. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 103 MODIFIED by adding new conditions of approval (PC95-132) (7 yes votes). A letter of appeal of the Planning Commission's action dated November 7, 1995 was received from the owner of the Calico Motel, Henry Kou and, therefore, a public hearing will be scheduled at a later date. B3. ~79: WAXVER OF CODE REQUXREMENT - CONDXTIONAL USE PERMIT NO. 3791 AND NEGATXVE DECLARATXON= OWNERs CALIFORNIA DRIVE-IN THEATERS, INC., Attn: A. Terry Dickens, 120 N. Robertson, Los Angeles, CA 90048 LOCATION: ~520 North Lemon Stueet (Anaheim Drive-In Outdoor Swapmeet). Property as approximately 23.13 acres located at the southeast corner of Durst Street and Lemon Street. To permit an outdoor roller hockey facility in conjunction with an existing outdoor swal~neet with waiver of required setback abutting an arterial highway and required setback abutting a freeway right-of-way. ACTION TAKEN BY THE PLANNING COMMISSIONs CUP NO. 3791 GRANTED for one year (to expire 10/16/96) (PC95-133) (7 yes votes). Approved waiver of code requirement. Approved Negative Declaration. B4. 179s CONDXTIONAL USE PERMIT NO. 1769 AND NEGATIVE DECLARATION: OWNERs BONNIE WEBERG, 1360 E. Maple Ave., Glendale, CA 91205 AGENT= RICHARD AND ELVA LOPEZ, 2140 S. Nautical Street, Anaheim, CA 92802 LOCATION: 1287 East Lincoln Avenue~ Units D, E and F. Property is approx. 1.7 acres located on the north side of Lincoln Avenue and approximately 760 feet east of the centerline of East Street. Petitioner requests an amendment to the limitation of time to retain the on-premises sale and consumption of beer and wine within an existing full service restaurant. 17 C~TY OF ~,N~HE~ CAL~FORN~ COUNCIL H~NUTES NOVEMBER ACTION TAKEN BY T~E PLANNING COMMISSION: Approved amendment that CUP NO..1769 shall terminate on November 21, 1996 (PC95-134) (7 yes votes). Approved Negative Declaration. BS. 179~ VARIANCE NO. 4282~ CATEGORICA?~ EXEMPT. CLASS 11: OWNER= GLENDALE FEDERAL BANK, Attn= Bernard L. Dunlap, Vice President Facilities, 401 W. Lexington Drive, Glendale, CA 91203 AGENT: TRIPLE "A" SIGNS, Attn: John McKinney, 11015 Cumpston Street, North Hollywood, CA 91601 LOCATION= 5677 E. La Palms Avenue. Property is approximately 0.67 acres located at the northwest corner of La Palma Avenue and Imperial Highway. Waiver of maximum number of wall signs to construct two wall signs on an existing bank building. ACTION TAKEN BY THE PLANNING COMMISSION= Variance No. 4282 APPROVED (PC95-135) (7 yes votes). B6. 979: CONDITIONAL USE PERMIT NO. 3799 AND NEGATIVE DECLARATION: OWNERs LA PALMA INVESTMENTS, 13233 Fiji Way, Unit-F, Marina Del Rey, CA 90232 AGENT: PAUL VENETOS AND ESTHER VAVOULIS, 2661 W. La Palma Ave., Anaheim, CA 92801 LOCATION: 2661 West La Palms Avenue. Property is approximately 1.43 acres located on the 'north side of La.Palma Avenue. and approximately 210 feet east of the centerline of Woodland Drive. To permit an 835-square foot patio dining area in conjunction with an existing 9,600-square foot restaurant with alcohol sales. ACTION TAKEN BY THE PLANNING COMMISSION= CUP NO. 3799 GRANTED (PC95-136) (7 yes votes). Approved Negative Declaration. B7. B8. ~79: CONDITIONAL USE PERMIT NO. 3082 AND NEGATIVE DECLARATION: OWNER: VIETNAMESE EVANGELICAL CHURCH, Attn: Timothy Thi, 1681 W. Broadway, Anaheim, CA 92801 LOCATIONs 1681 West Broadway. Property is approximately 0.4 acres located on the north side of Broadway and approximately 205 feet east of ~he centerline of Euclid Street. Petitioner requests the deletion of a condition of approval pertaining to the limitation of time for a previously approved church. ACTION TAKEN BY THE PLANNING COMMISSION= Approved deletion of a condition of approval for CUP NO. 3082 (PC95-137) (7 yes votes). Negative Declaration previously approved. REPORT AND RECOMMENDATION ITEMS: 179~ VARIANCE NO. 4194 REQUEST FOR A RETROACTIVE EXTENSION OF TINE TO COMPLY WITH CONDITIONS OF APPROVAL= REQUESTED BY: Mark Frost, 24555 Los Alisos Boulevard, Laguna Hills, CA 92653 LO~ATION: Prgpert¥ is located at 2001 West Folsom Street. Petitioner requests a one-year retroactive extension of time to comply with conditions of approval for Variance No. 4194 (waiver of required lot frontage, minimum lot area per dwelling unit, and minimum front yard 18 CTTY OF ANAHETM, CALTFORNT& COUNCIL MINUTES NOVEMBER ?, 3.995 setback to establish a 5-lot single-family residential subdivision) to expire on September 9, 1996. ACTION TAKEN BY THE PLANNING COMMISSION: Approved retroactive extension of time for Variance No. 4194 (to expire September 9, 1996.) Bg. ~79t CONDITIONAL USE PERMIT NO. 3699 - REQUEST FOR A RETROACTIVE E~"I~N___~%ON OF TIME TO COMPLY CONDITIONS OF APPROVALs REQUESTED BY= J. M. Brewst~r, '4071 Second Street, Yorba Linda, CA 92686 LOCATION~ Property ~s located at 999 North West Street. Petitioner requests a retroactive extension of time for Conditional Use Permit No. 3699 (to permit an 8,355 square foot church with accessory uses) to expire on September 27, 1996. ACTION TAKEN BY THE PLANNING COMMISSION~ Approved retroactive extension of time for cup No. 3699 (to expire September 27, 1996.) B10. ~79% CODE AMENDMENT 95-06.- REQUEST FOR CONSIDERATION OF AN ORDINANCE PErTAINiNG TO REV~U~E CORNER LOTS IN SINGLE-FAMILY RESIDe%AT., ZONESs Requested by the City of Anaheim, Planning Department, 200 S. Anaheim Blvd., Anaheim, CA 92805. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended adoption to the City Council. ORDINANCE NO. 5532 (INTRODUCTION) Adding and Amending various subsections of Title 18 of the Anaheim Municipal Code pertaining to Zoning (side yards on reversed corner lots in single-family residential zones. Mayor Daly offered Ordinance No. 5532 for first reading. ORDINANCE NO. 5532 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM ADDING AND AMENDING VARIOUS SUBSECTIONS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE PERTAIKING TO ZONING (SIDE YARDS ON REVERSED CORNER LOTS IN SINGLE-FAMILY RESIDENTIAL ZONES. Bll. 179% CONDITIONAL USE PERMIT NO. 3786 - REQUEST FOR REVIEW OF FINAL REQUESTED BY~ Weyerhaeuser, 710 East Cerritos Avenue, Anaheim, CA 92815 LOCATIONs Property is located at 1561 and 1601 South Lewis Street. Petitioner requests review and approval of final landscape plans for Conditional Use Permit No. 3786 (to permit a building material storage yard with waiver of permitted encroachments into required setbacks). ACTION TAKEN BY THE PLANNING COMMISSION= Approved final landscape plans. 19 CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTE8 NOVEMBER 7, 1995 ITEMS B12-B13 FROM THE PLANNING COMMISSION MEETING OF OCTOBER 30r 1995. INFORMATION ONLY - APPEAL PERIOD ENDS NOVEMBER 9r 1995 B12 · 170: TENTATIVE TRACT MAP NO. 12695 AND FINAL SITE PLAN AND NEGATIVE DECLARATION: OWNERs THE PRESLEY COMPANIES, 19 Corporate Plaza, Newport Beach, CA 92660 LOCATION: Property is approximately 2.8 acres located at the northwest corner of Sunset Ridge Road and Serrano Avenue and further described as Tentative Tract Map No. 12695 ~ithin Development Area 8 of The Highlands at ~naheim Hills Specific Plan (SP87-1). Petitioner requests approval of a Tentative tract Map and final site plan (to establish a 2.8 acre, 3-lot condominium subdivision, including two residential lots and one lettered lot)' in order to develop a 32-unit attached condominium complex. ACTION TAKEN BY THE PLANNING COMMISSION: Approved Tentative Tract Map No. 12695 and final site plan (7 yes votes). Negative Declaration previously.approved. B13. 155: ~N~ZRONMENTAL IMPACT ~EPORT NO. 281 (Previously Certified) VESTING TENTATIVE T~ACT MAP NO. 15074 AND FINAL SITE PLAN: OWNER: SHEA HOMES, 655 Brea Canyon, Walnut, CA 91789-1841 AGENT: HUNSAKER & ASSOCIATES, Attn: Dan Hossenzadeh, 3 Huges, Irvine, CA 92718 LOCATION: Vestino Tentative Tract MaD No. 15074 within Development Area ~O40~ %h~ Summit of Anaheim Hills Specific Plan (SP88-2). Property is approximately 7.1 acres located at the northwest corner of oak Canyon Drive and Running Springs Road. Petitioner requests approval of Vesting Tentative Tract Map No. 15074 and final site plan in order to establish a 7.9 acre, 41-lot single- family subdivision, including 40 residential lots and one open space lot. ACTION TAKEN BY THE PLANNING COMMISSION: APPROVED Vesting Tentative Tract Map No. 15074 and Final Site Plan (6 yes votes, 1 abstained). EIR NO. 281 previously certified. END OF THE PLANNING COMMISSION ITEMS. B14. 179: ORDINANCE NO. 5528 FOR ADOPTION: Amending Section 15 of Ordinance No. 5497 pertaining to communication antennas. (Introduced at the meeting of October 17, 1995, Item B10.) B15. 155~ ORDINANCE NO. 5529 FOR ADOPTION: Amending Chapter 18.71 of Title 18 of the Anaheim Municipal Code relating to Sycamore Canyon Specific Plan (SP88-1). (Introduced at the meeting of October 17, 1995, Item DI.) Mayor Daly offered Ordinance Nos. 5528 and 5529 for adoption. Refer to Ordinance Book. 20 CITY OF ~NAHEIHv CALIFORNIA COUNCIL MINUTES NOVEMBER 7, 1995 ORDINANCE NO. 5528: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 15 OF ORDINANCE NO. 5497 PERTAINING TO COMMUNICATION ANTENNAS. ORDINANCE NO. 5529: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 18.71 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SYCAMORE CANYON SPECIFIC PLAN (SP88-1). Roll CaLl Vote on Ordinance Nos, 5528 and.5529, for adoption: AYES: MAYOR/COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly NOES: MAYOR/COUNCIL MEMBERSt None ABSENTs MAYOR/COUNCIL MEMBERS= None The Mayor declared Ordinance Nos. 5528 and 5529, duly passed and adopted. B16. 179: ORDINANCE NO. 5533 (INTRODUCTION): Amending Title 18 to rezone property under Reclassification No. 92-93-01 located at 2001 West Folsom Street from the RS-A-43,000 zone to the RS-7200 zone. Mayor Daly offered Ordinance No. 5533 for first reading. ORDINANCE NO. 5533: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ZONING MAP REFERRED TO IN TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 92-93-01 LOCATED AT 2001 WEST FOLSOM STREET FROM THE RS-A-43,000 ZONE TO THE RS-7200 ZONE. C1. ~07: ~OOL ROOM PERMIT APPLICATION - PACIFIC BILLIARD CLUBs SUBMITTED BY: LEO CHINZONG TSENG, 6460 Shady Lawn Drive, Yorba Linda, CA 92686~ and THOMAS W. HWEI, 1100 Seneca Place, Diamond Bar, CA 91765 LOCATION OF ESTABLISHMENT: 1676 West Lincoln Avenue (Pacific B£11iard Club}. To consider the application for 20 billiard tables at 1676 West Lincoln Avenue (Pacific Billiard Club). John Poole, Code Enforcement Manager. The application before the Council is really a change of ownership in one of the partners. There have been absolutely no problems at the location and both the Police Department and Code Enforcement recommend approval. MOTION. Council Member Zemel moved to approve the application for a Pool Room Permit for Pacific Billiard Club submitted by Leo Chinzong Tseng (property located at 1676 West Lincoln Ave.) Council Member Feldhaus seconded the motion. MOTION CARRIED. C2. 155: Discussion from the meeting of October 17, 1995, Item D1, requested by the Mayor and City Council in connection with the left-turn pocket pertaining to the Sycamore Canyon Specific Plan (SP88-1). 21 C~'TY OF ~NAHE~'H~ CAL'rFORN'rA COUNCIL HINUTES NOVEI~ER 7~ L995 City Attorney White first briefed the issue which was discussed at length at the meeting of October 17, 1995 (see minutes that date, Item D1. - Public Hearing) which was deferred'to tonight's meeting. Staff does have concerns regarding public safety issues relating to the proposed median'break.' The law provides if the City Council approves the design of a public accessway or street, the City has immunity from liability if (1) the design was pursuant to the discretionary authority exercised by the Council and, (2) approval is based upon substantial evidence in the record that the design was a safe design. At the last meeting, the Council considered written information from the traffic engineering firm employed by the applicant but felt it was not adequate to give the information upon which they could base such a finding and, therefore, continued the item as a separate item until night. John Lower, Traffic and Transportation Manager. He has had con~ersations with the applicant's traffic engineer. No additional analysis has been done since what was presented at the meeting of October 17, 1995 -- the letter report from Weston Pringle which was very qualitative and stated there were locations similar to this in unincorporated County territory where left-turn inbound movements are provided and that County staff indicated they had not experienced an accident problem. He talked with the County traffic engineering staff who indicated there was no accident history. They did not quantify the number of accidents which occurred. Also, he has obtained from the Institute of Transportation Engineers guidelines for driveway location and designs, the section on median cuts, which states as many as one half of all driveway accidents involved left-turn entry. In this case, the left turns would be made across three lanes of traffic forcing the left-turn driver to make judgments for all three of those lanes on a down- hill approach where speed is more difficult to recognize. He confirmed he has received nothing in writing from the applicant confirming the analysis but received a call from Mr. Mickelson and Wes Pringle confirming that no additional analysis was completed. Bob Mickelson, 121 W. Rose, Orange.' Mr. Wes Pringle was present earlier and stayed as long as he could but had to leave. There has not been any new analysis but Mr. Pringle was prepared to defend the analysis he had made and to indicate this is a safe design and does work adequately at other places around the County. He would be available next week for an extended period of time. Perhaps there should again be a one-week continuance to have Mr. Pringle.explgin his analysis. Mayor Daly. He asked if the City Attorney would like to have something in writing from Mr. Pringle or his verbal backup of the proposal. City Attorney White. The more they have, especially in writing, the more supportable his opinions would be. At present, the only thing in the record is a short letter that does not even contain Mr. Pringle's opinion but summarizes his discussion with the County Traffic Engineer. The Council is going to have to decide whether the proposed median break constitutes a safe or unsafe condition. Mr. Mickelson. He will ask Mr. Pringle to expand and submit that information no later than next Friday. MOTION. Council Member Zemel moved to continue this matter for one week. Council Member Lopez seconded the motion. 'MOTION CARRIED. 22 C~TY OF 21~2~E~H~ CALiFORNiA COUNCIL X~NUTES NOVEMBER 7, 1995 C3. 156: Report from the Liaison Committee on Pilot Program for INS Officer at City Jail to (a) provide update on the work completed; and (b) to request support for funding the project from City funds should federal funds not be forthcoming. Also see minutes of 9/12, 9/19, 9/26, and 10/3/95 where the matter was discussed. Council Member Zemel. He first briefed the Council on the latest efforts to reduce crime in the City as a result of the initial actions approved by the Council leading toward the ultimate goal of having an INS Officer placed in the City's Jail. After doing so, he reported that he and Council Member Tait were flying to Washington, D.C. tomorrow morning to have a series of 12 different meetiggs with Congressional Representatives and the INS Agency to further the agenda. As an aside, he noted that they were not travelling at taxpayer's expense, but thanks to the Anaheim business community and also Council Member Feldhaus. He then read the staff recommendation: That the City Council by motion authorize the City Manager and the INS Council Liaison Committee A. Continue to pursue INS cooperation for the proposed 6-month pilot project. B. Continue to pursue Federal funding for the 6-month pilot project. C. Work with INS staff to validate the survey numbers and take maximum advantage of existing INS services. D. Offer local funding for the 6-month pilot project if Federal funding is not approved within 60 days. The efforts will be to obtain Federal funding but if not forthcoming within the next 60 days, that the Council direct the City Manager to authorize the funds .to get the program started and during the ~-month program, continue to seek reimbursement from the Federal Government for the program' and for the second six months. Council Member Tait. He knows there is a concern that the City not get into the immigration business. He clarified what they want is a deputized INS Officer in the City's jail to deal with that issue. This is the Citf's attempt to address a large portion of the crime committed in the City -- up to 37% and possibly more. It is a crime and anti-violence issue for the City and not an immigration issue. Dave Morgan, Assistant City Manager explained that the report summary from Council Member Zemel captured the latest update. He then elaborated on the logic behind the four recommendations as discussed by the Task Force. (Also see memo dated November 2, 1995 from the INS Council Liaison Committee to the City Manager/City Council - INS Pilot .Project - Council Liaison Status Report). Council Member Feldhaus reported and elaborated on recent newspaper articles indicating that the position of the Federal.Government at this time is that they are expending monies for pilot programs that allows employers to check worker immigration documents via computer from a national data base. His only thought is relative to Item D. If they go to the Federal Government offering local funding for the 6-month pilot project, most assuredly the government will think that's fine. However, there does seem to be some movement by the 23 CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTES NOVEMBER 7v 1995 Federal Government to expend monies trying to track these people. He feels they should continue to pursue Federal funding for Anaheim's proposal. Council Member Zemel. If the Federal Government refuses to fund the program on the short-term and the City decides to do so, at the end of the 6-month program with the City's results in, he feels the Federal Government will be hard pressed not to refund the City and then not to continue the project. It is almost an advance, whereifi the City would get its money back. Mayor Daly. That point is a good one especially if the government agrees the City's study is a valid one. Relative to the point Council Member Feldhaus made, he asked if they are going to vigorously pursue Federal funding through the City's lobbyists and all sources 'available. City Manager Ruth. He answered emphatically that they would do so. The City's lobbyist in Washington is becoming more optimistic. In the twelve meetings that have been set up, there will be a "full-court press" to obtain the funding. Council Member Feldhaus. He asked if staff has identified where the $37,500 for the pilot program is going to come from; City Manager Ruth. Hopefully, it will be from the Federal Government but if not, CDBG money is an option as well as possibly one-time money, or funding it out of the existing Police Department budget. CounciI Member Lopez. He feels the $37,500 figure is only the tip of the iceberg expressing his concern that the costs could be much higher considering added costs such as housing, transportation, feeding and other associated costs in detaining individuals. Dave Morgan. It is not the intention that they. would be detaining the individuals any longer than they are currently held; Council Member Zemel. Nowhere in the program has anyone put forth the idea they would be knocking on doors to find illegals, pick them up, and bring them in. These are people who have been arrested for a variety of reasons. The goal of the program is to try to find a way to reduce the number of failures to appear. There are 800 right now in the City and two full-time detectives are working on them all the time to keep them current. Mayor Daly then posed a line of questions which were answered by Dave Morgan relating to the cost-saving implications of the proposal. Jeff Kirsch, 2661 W. Palais, Anaheim. He does not feel the costs involved in housing detainees should be dismissed out of hand; Council Member Zemel explained the process that is ~nd will be followed as a normal matter of course. Joe White, 809 W. Broadway, Anaheim. He feels that the proposed program is an excellent one. The only issue is the money and he hopes if they do go into the program, that there is enough money in order to give it an honest try. There should be six months to a year of funding and he hopes'that it is Federal funding. He is also impressed by all of the work and thought that has gone into the proposal and that it will be successful. MOTION. Council Member Zemel moved that the four recommendations be approved. Council Member Tait seconded the motion. MOTION CARRIED. 24 C'rTY OF JtI~TAHE~'M, C&L'I'FORN'I'& COUNC~'L M'rNUTES NOVEMBER ?, 1995 C4. 114~ COUNCIL COMMENTS~ Council Member Feldhaus. He wanted to publicly thank and recognize community members who worked so diligently over the past 12 months to make the first Anaheim Fall Festival held on October 28, 1995 in downtown Anaheim such a great success. COUNCIL POLICY NO. 111 - DISCUSSION OF MAYOR PRO TEMz Council Member Feldhaus. He referred to the'memorandum from the City Clerk with respect to Council Policy No. 111 relating to the selection of Mayor Pro Tem. He believes the policy need8 to b~. discussed and rather than schedule the reorganization for the next Council meeting, that instead this item be placed on the.agenda for discussion and possible action. City Clerk Sohl. If there is a discussion next week, the reorganization can then be scheduled for the meeting of 11/28/95 if that is what the Council wishes. It was determined that the matter be agendized for discussion for the meeting of November 14, 1995. C5. REPORT ON CLOSED SESSION ACTIONS~ City Attorney Jack White stated that there are no actions to report. ADJOURNMENT~ By general Council consent, the Council meeting of November 7, 1995 was adjourned (8~35 p.m.) LEONOi~ N. SOl-IL CITY CLERK 25