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1995/11/28C'rTY OF ANAHET~, CALI'FORN'rA COUNCTL M1'NUTE8 NOVEMBER 28~ 1995 The City Council of the City of Anaheim met in regular session. PRESENT= PRESENT: ABSENT: PRESENT: MAYOR~ Daly COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl PLANNING DIRECTOR: Joel Fick FIRE MARSHAL~ Gary Wilder UTILITIES ASSISTANT GENERAL MANAGER-FIN. & ADMIN.: Mike Bell A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:20 p.m. on November 22, 1995 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the meeting to order at 3~15 p.m. REQUEST FOR CLOSED SESSION: City Attorney White requested a Closed Session noting that there are two items to be added to the Closed Session Agenda (see Item 5 and 6 below) where the need to take immediate action ie necessary and which came to the attention of the City subsequent to the agenda being posted. MOTION. Council Member Zemel moved to waive the 72-hour posting provision of the Brown Act finding that there is a need to take immediate action on two additional items and that the need for action came to the attention of the City subsequent to the agenda being posted. Council Member Tait seconded the motion. MOTION CARRIED. PUBLIC COM}{ENTS - CLOSED SESSION ITEMS: There were no public comments relative to Closed Session items. The following items are to be considered at the Closed Seesi0n: 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. CITY OF AN/~NEIM, CALIFORNI~ COUNCIL MINUTES NOVEMBER 28, 1995 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 Stadium Associates v. Anaheim Redevelopment Agency, Orange County Superior Court Case No. 73-70-20. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (ANNUAL REVIEW) TITLE= City Treasurer 40 CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Dave Hill Employee organization: IBEW Local 47; AMEA CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNEMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION= Name of case: City of Garden Grove vs. City of Anaheim - L.A. Superior Court Case - BC124003. REAL PROPERTY NEGOTIATIONS CONCERNING PROPERTY LOCATED AT 2000 Gene Autry Way. RECESS= Mayor Daly moved to recess into Closed Session. Council Member Zemel seconded the motion. MOTION CARRIED. (3:20 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.). (5:35 INVOCATION: Pastor Jim Gaston, State College Church of Christ, gave the invocation. FLAG SALUTE: Council Member Tom Tait led the assembly in the Pledge of Allegiance to the Flag. 114. COUNCIL REORGANIZATION - DESIGNATION OF MAYOR PRO TEM~ In accordance with Council Policy 111, the Council shall reorganize and designate one of its members as Mayor Pro Tem. Mayor Daly. He referred to the discussion previously brought forward by Mayor Pro Tem Feldhaus noting that the position of Mayor Pro Tem has a major responsibility in speaking for the City at various functions. Ail of the Council Members fill the role from time to time. The Mayor Pro Tem has a special honorary role and also serves as Mayor if need be. According to the rotation system now in place, it is time to select a new Mayor Pro Tem. MOTION. Mayor Daly moved for the designation of Council Member Lopez as Mayor Pro Tem for the coming 12 months. Council Member Feldhaus seconded the motion. C'rTY OF ANAHE'I'M~ CAL'rFORNTA COUNC'I'L M'rNUTES NOVEMBER 28~ :1.995 Before a vote was taken, Mayor Pro Tem Feldhaus stated the rotation policy is fine, but the persons scheduled to be appointed should be required to affirm his or her commitment to the task.' He feels there should be a job description that gives the responsibilities of the Mayor Pro Tem. It is not just an ego- building title. A City the size of Anaheim should never be embarrassed because the Mayor or the Mayor Pro Tem cannot be present at a function the official was scheduled to attend. It is necessary to examine time commitments and the person's relationship to their work and f~milies. He reiterated perhaps before accepting the title of Mayor Pro Tem, there should be a detailed job description to consider before accepting the title. At this time, there are two Council Members who are eligible because of an unusual situation and both are well qualified to be Mayor Pro Tem (Council Members Lopez and Zemel). According to the policy, lots are to be drawn. He believes drawing lots is philosophically wrong. City Attorney White. The Council is not bound to follow the policy. The Charter says the City Council shall appoint the Mayor Pro Tem. It was put in place two or three years ago in its current form to take away from controversy in the selection process. However, the Council can deviate from that policy. He suggests that the motion incorporate a waiver of the policy so that there will be no need to cast lots at this time. Mayor Daly. He incorporated a waiver of Council Policy 111 in his motion and Council Member Feldhaus did the same in his second. Council Member Zemel. Last week when the subject came up, he nominated Council Member Lopez but since it was not on the agenda, no action could be taken. He still is in favor of the nomination of Council Member Lopez. Also, Council Member Feldhaus brought up some good points. There were several times in the last year when the Mayor and Mayor Pro Tem were not available and he filled in. There is quite a demand and he is fully prepared and able to support Council Member Lopez as Mayor Pro Tem but would like to be certain that he (Lopez) is ready for it. There is the issue of day-time activities and Council Member Lopez is an employee of the Police Department. He would like to know how that will work for Council Member Lopez. Council Member Lopez. He will handle the position the same as when he was President of the Anaheim City School District. He has about eight weeks vacation time which he will take from time to time. Also, he only works four days a week. There will be no problem fulfilling the obligations of Mayor Pro Tem if he is designated. Mayor Daly. He then thanked all of the Council Members noting that Anaheim is so busy they are all pressed into ceremonial duties on occasionB. He reserved a special thanks to Mayor Pro Tem Feldhaus. He never failed the citizens when there was a requirement for a representative to be at a function, meeting or dinner. A vote was then taken on the foregoing motion designating Council Member, Lou Lopez as Mayor Pro Tem for the coming year (to approximately November, 1996) including the waiver of Council Policy 111. MOTION CARRIED. 119. DECLARATION OF RECO~NITION= A Declaration of Recognition was unanimously adopted by the City Council and presented to Frank Cozza on the 30th Anniversary of Mama Cozza's Restaurant, an Anaheim "institution." 3 CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES NOVEMBER 28, 1995 Mr. Cozza accepted the Declaration noting that he came to Anaheim in 1945 and has watched it grow since that time. Mayor Daly. He noted that so many citizens have had an opportunity to visit Mama Cozza's Restaurant which is considered a landmark. Before opening his restaurant in 1965, Mr. Cozza served as an Anaheim Police Officer for 17 years and has also served his community in other capacities. The Mayor and Council Members then personally congratulated Mr. Cozza on this special occasion. 119: THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: 1. PROCLAMATION recognizing November 1995 as Kiwanis Sponsored Youth month in Anaheim. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,020,933.19 for the period ending November 20, 1995 and $2,620,092.33 for the period ending November 27~ 1995, in accordan6e with the 1995-96 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:55 p.m.) Mayor Daly reconvened the City Council meeting. (6:25 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Michael Blanco, 424 N. Philadelphia Street, Anaheim, Chairman, Central City Neighborhood Council. He received a letter which he had problems with. The subject of the letter is - Make-up Training Session for the Community Development Advisory Board (CDAB). On October 19, 1995, the CDAB held their first meeting which was the CDAB training session. Unfortunately, some members of the board could not attend. He then read the letter for the Council after which he stated Mr. Benny Hernandez missed the meeting and it was not the first time. They are being asked to make up a training session and he (Blanco) said no. He is not happy the way the situation is being handled. There are rules that are not being followed and they want to know why the rules are being changed midstream. Mayor Daly asked if he was objecting to rescheduling the training session~ Mr. Blanco answered yes. He feels that Mr. Hernandez had the time to go out to other elections to manipulate the vote but when it comes time to fulfill his obligations, he does not show up. Mr. Blanco. He asked if the INS funding issue to have an INS Officer in the city jail had been approved. If the money is going to come from Block Grant Funds, they will need to revise their budget. Council Member Zemel. The Liaison Committee's belief is that the money should not come from CDBG funds even though it is Federal money and that other options should be pursued. 4 CITY OF AITAHEIM, CALIFORNI]~ COUNCIL MINUTES NOVEMBER 28, 1995 Mayor Daly. The Council will ask staff to transmit to the committee the latest efforts by staff and thinking in terms of the appropriate sources of funding. Jeff Kirsch, 2661 W. Palais, Anaheim. He referred to the meeting of November 14, 1995 and the Public Hearing regarding Home Depot (see minutes that date) where it was indicated that there were negotiations proceeding with the City to relocate the store. He posed questions relative to those negotiations questioning if it would be an economic benefit to the City and whether some information, could be given to the affected residents. Mayor Daly. He answered that any changes regarding the Home Depot property will be on the posted Council Agenda or Redevelopment Agenda in the future. Any speculation is simply conjecture at this point. If there is a specific proposal, it will be on the posted agenda some time in the future. PUBLIC COMMENTS - AGENDA ITEMS: Public input was received on Agenda Item A15. See discussion under that item. MOTION: Council Member Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of November 28, 1995. Council Member Zemel seconded the motion. MOTION CARRIED. CITY NAh'AGER/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 Nos. 95R-192 and 95R-193, both inclusive, for adoption. Refer to Resolution Book. Al. A2. 118: The following claims were filed against the City and action taken as reconunended: Claims rejected and referred to Risk Management: a. Claim submitted by Deborah L. Sims for property damages sustained purportedly due to actions of the City on or about September 1, 1995 b. Claim submitted by Morris Edward Miller for property damages sustained purportedly due to actions of the City on or about August 25, 1995. c. Claim Submitted by Claudio J. Coronado for property damage sustained purportedly due to actions of the City on or about June 3, 1995. 105: Receiving and filing minutes of the Public Utilities Board meeting held October 5, 1995. 105: Receiving and filing minutes of the Mother Colony House Advisory Board meeting held September 11, 1995. 5 CITY OF ANAHE'rM~ CAL~'FORN'I'& COUNCIL M'rNUTE8 NOVEHBER 28~ 1995 A3. A4. AS. A6. 105: Receiving and filing minutes of the Senior Citizens Commission meeting held October 18, 1995. 105: Receiving and filing minutes of the Community Services Board meeting held October 12, 1995. 105= Receiving and filing minutes of the Budget Advisory Commission meeting held October 18, 1995. 117~ Receiving and filing the Summary of Investment Transactions submitted by the City Treasurer for the months of September and October, 1995. 140~ Receiving and filing the Anaheim Public Library Monthly Statistical Report for the month of September, 1995. 105= Receiving and filing minutes of the Anaheim Public Library Board meeting held October 25, 1995. 173= Receiving and filing a Notice of Filing of an Application by Screamline Investments, Inc., doing business as Tour Coach Transportation requesting a certificate to provide scheduled passenger stage service between Los Angeles International Airport, on the one hand, and points in the Cities of Anaheim, Buena Park, Fullerton, Newport Beach, Orange and Pasadena and between John Wayne Airport, on the one hand, and points in the Cities of Anaheim, Buena Park, Fullerton, Newport Beach and Orange. 105: Receiving and filing minutes of the Telecommunications Policy Advisory Committee meeting held October 4, 1995. 150= Awarding the contract to the lowest responsible bidder, A. G. Albiso Construction, in the amount of $48,200 for Oak Canyon Nature Center Erosion Control~ and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the iow and second low bidders. 175: Awarding the contract to the three lowest responsible bidders, Pouke & Steinle, Inc., (in the amount of $305,610.90), ELC Electric, Inc., (in the amount of $429,585.25), and Henkels & McCoy, Inc., (in the amount of $591,614.70) for construction, maintenance and repair services relative to the electrical transmission, distribution, communication and substation facilities~ and waiving any irregularities in the bids of these bidders. 123= Approving an Agreement with Hanscomb Associates, Inc., in an amount not to exceed $214,320, to provide project representative services for the construction of the Anaheim Hills Police Substation. 170= Approving the Final Map and Subdivision Agreement with Shea Homes of Tract No. 15074, and authorizing the Mayor and City Clerk to execute the Subdivision Agreement. Tract No. 15074 is located at The Summit, north of Oak Canyon Drive, and east of Gold Dust Lane, and is filed in conjunction with Specific Plan No. 88-2. CITY OF ~__~m~l~ CALIFORNIA COUNCIL M'rNUTE8 NOVEHBER 28~ 1995 Al0 · All. A12 · A13 · A14 · A15. A7. 123: Approving and authorizing the Mayor and City Clerk to execute the First Amendment to Utility Agreement No. 12199 for the I-5 Freeway sewer relocation, Segment B. A8. 160: Accepting the bid of Pauwels Transformers, in the amount of $470,945 for.one LTC three phase 67 - 12.47 K.V.A. 30/40/50/ M.V.A. power transformer, in accordance with Bid $5437. Ag. 160= Waiving Council Policy 306, and authorizing the Purchasing Agent to'issue a Purchase Order to Dictaphone Corporation, in the amount of $39,931.50 for the purchase of one Guardian Digital Recording System including two Call Check Recorders for the Fire Department Communications Center. 123: Approving an Agreement for Legal Services with the law firm of Albert, Weiland & Golden in connection with general bankruptcy matters. 153: Authorizing full-time City of Anaheim Employees to participate in a one-time accrued vacation buy-out, to provide a cash donation to an employee of the Utilities Department who is currently On leave-without- pay pending the 30-day elimination period for STD benefits. 152= Authorizing the Human Resources Director to execute agreements for the acquisition of labor and services for temporary personnel relief. 156: Amending the Fiscal Year 95/96 Budget by increasing revenues and expenditures in Fund 218 by $49,750 for grant funds from the Department of Alcoholic Beverage Control to the Police Department. 113: RESOLUTION NO. 95R-192: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (MISCELLANEOUS RECORDS MAINTAINED IN THE CITY MANAGER'S OFFICE.) 123: Approving an Agreement with Los'Angeles Department of Water and Power for 110 megawatts of firm transmission service; and authorizing the Public Utilities General Manager, on behalf of the City, to execute the Agreement and related documents and to take any and all actions necessary to effect the City's withdrawal from the Adelanto-Lugo Transmission Project, as recommended by the Public Utilities Board at their meeting of November 2, 1995. Jeff Kirschf 2661 W. Palais, Anaheim. He posed questions relative to the financial aspects involved which were answered by Mike Bell, Assistant Ceneral Manager, Finance and Administration. A16. 184: Reviewing the need for continuing the Eighth Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on October 31, 1995, concerning the Santiago Landslide and Pegasus Landslide in the City of Anaheim; and taking no action to t~rminate the local emergency at this time. A17. 179: Adopting the Findings of Fact submitted by the Hearing Officer, Victor J. Kaleta, Esq., denying the appeal and revoking Conditional Use Permit No. 284 for the reasons stated therein. (El Paraiso Restaurant - 420 S. Brookhurst.) CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTES NOVEMBER 28, 1995 Mayor Daly. He noted this is the action on the recommendation of the Hearing Officer on the revocation of Conditional Use Permit 284 for the. E1 Paraiso Restaurant, 420 S. Brookhurst Street, Anaheim. RESOLUTION NO. 95R-193: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING CONDITIONAL USE PERMIT NO. 284 AND DECLARING PLANNING COMMISSION RESOLUTION NUMBER 455, SERIES 1962-1963, NULL AND VOID.. Roll Call Vote on Resolution Nos. 95R-192 and 95R-193, Both inclusive, for adoption~ AYES: MAYOR/COUNCIL MEMBERS: NOES: MAYOR/COUNCIL MEMBERS: ABSENT: MAYOR/COUNCIL MEMBERS: The Mayor declared Resolution Nos. 95R-192 and 95R-193, both inclusive, duly passed and adopted. Tait, Zemel, Feldhaus, Lopez, Daly None None END OF CONSENT CALENDAR. MOTIONS CARRIED. ~O_.WD~_?.~W_CEB ON THE PASSING OF LES AREHART: Mayor Daly, on behalf of the Council and the City, expressed condolences to the family and friends of Les Arehart,' Management Analyst in the Budget Division of the City's Finance Department who was identified as one of the fatalities in a small plane crash in Fullerton, Monday, November 20, 1995. He was a valued employee and a dedicated public servant. Their thoughts are with his family and the families of those others who perished in the accident. 1~( BI FROM THE ZONING ADMINISTRATOR MEETING OF NOVEMBER 9t 1995 - DECISION DATE: NOVEMBER 16, 1995 - APPEAL PERIOD ENDS DECEMBER 1, 1995 El. 1795 ADMINISTRATIVE ADJUSTMENT NO. 0098 - CATEGORICALLY EXEMPT CLASS OWNERs CHARLES E. & MARGARET L. FARNER, 165 South Bonnie Gene Lane, Anaheim, CA 92808 AGENT: Joseph Morrison, 1101 Victoria, Suite M, Costa Mesa, CA 92627 LOCATION: 165 South Bonni~ Gene Lane: Subject property is approximately 0.17 acre, having a frontage of approximately 72 feet on the south side of Bonnie Gene Lane, with a maximum depth of approximately 100 feet and being located approximately 307 feet south of the centerline of Arboretum Road. Waiver of minimum front yard setback to construct a 135 square foot room addition. ACTION T~N_ BY THE ZONING ADMINISTRATORs Administrative Adjustment No. 0098 APPROVED (IA Decision No.' 95-29). END OF THE ZONING ADMINISTRATOR ITEMS. CTTY OF ANAHETM, CALTFORNTA COUNCTL MTNUTE8 NOVEMBER 28, 1995 B2. 134~ ORDINANCE NO. 5534 FOR ADOPTION: Amending Chapter 18.70 of Title 18 of the Anaheim Municipal Code relating to the Highlands at Anaheim Hills Specific Plan No. 87-1 (SP87-1). (Introduced at the meeting of November 14, 1995, Item D2.) Mayor Daly offered Ordinance No. 5534 for adopiton. Refer to Ordinance Book. ORDINANCE NO.'5534 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 18.70 OF TITLE 18 OF THE ANAHEIM.MUNICIPAL CODE RELATING TO THE HIGHLANDS AT ANAHEIM HILLS SPECIFIC PLAN (SP87-1) Roll Call Vote on Ordinance Nos. 5534, for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly None None The Mayor declared Ordinance No. 5534, duly passed and adopted. Council Member Zemel. He has a conflict on this item (Cl.) and, therefore, will be abstaining from voting and discussion. He then temporarily left the Council Chamber (6:37). Cl. 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). (Also see minutes of October 17, 1995, November 7, 1995 and November 14, 1995). City Attorney White. In order to expedite the matter, the City has received and reviewed a revised letter from Weston Pringle, the Professional Engineer, on behalf of WPA (see letter dated 11/21/95 - made a part of the record). It is staff's position that with this letter and the implementation of the measures that were indicated in the letter which included the removal of certain median landscaping from that scenic corridor, that the safety considerations would be removed as a concern both legally and practically from staff's point of view. He then deferred to the applicant. Bob Mickelson. He is present tonight to withdraw the request on behalf of the applicant. He has discussed the matter again with City Engineer and he (Mickelson) believes it is the appropriate action at this time. He apologized for not informing the City Attorney beforehand. · Mayor Daly. He asked, with the request being withdrawn, if that means access to the site would be'right turn in, right turn out off Weir Canyon with a driveway off Weir Canyon and, if so, is that acceptable to the engineering staff~ t~ere apparently was consensus that was the case by those who were present in the Council Chamber relative to this item. MOTION. Mayor Daly moved approval of the withdrawal of the request for the left-turn pocket pertaining to the Sycamore Canyon Specific Plan SP88-1. Council Member Tait seconded the motion. Council Member Zemel was temporarily absent. .MOTION CARRIED. CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES NOVEMBER 28, 1995 Council Member Zemel entered the Council Chamber (6:43). D1. ~79: CONTINUED PUBLIC HEARING - WAIVER OF CODE F.~OUIZ~'MEN~ CONDITIONAL USE PEI~MIT NO. 3789 AND NEGATIVE DECLARATION: OWNERs 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 C~ronado Street. Property is approximately 0.15 acre located at the northwest terminus of Coronado Street and abutting the east side on the 57 Freeway and having a frontage of approximately 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 monopole 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, 1 absent). Approved waiver of code requirement. Approved Negative Declaration. H~ARING SET ON: A letter of appeal of the Planning Commission's decision was submitted by Richard B. Winn, Taormina Industries. Discussed, input received and continued from the meeting of November 7, 1995. 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 PLANNING STAFF INPUT: See staff report to the Planning Commission dated September 18, 1995 Mayor Daly asked to hear from a representative of Taormina Industries who appealed the decision of the Planning Commission. Richard Winn, representing Taormina Industries. After the last meeting, they were asked to come up with wording that would satisfy both parties. There are two additional conditions on which both parties agree. He provided the text to the Planning Department. Joel Fick, Pianning Director. Staff received a Fax shortly before the meeting containing the proposed language and it is completely acceptable to staff. He then read the two conditions which, if approved, will be incorporated into the C.U.P. (See - C.U.P. 3789, Added Conditions - 5. and 6.) Richard Winn. There is another action that will come before the Counci'l at another date that was primarily the reason for the second condition. There is an abandonment being considered of Coronado Avenue and they had to insure access would be provided. 10 CTTY OF ANAHE'rM~, CALTFORN'rA COUNC?L M'rNUTE8 NOVE~ER 28~, 2.995 City Attorney White. He was provided with the language at 5:15 and has not had a chance to review the conditions. He will accept Mr. Fick's advice that he has reviewed the language and it.meets with his approval. The only suggestion he would have under proposed Condition 5, after businesses, line 2, adding, "or public agencies' in the event there could be some interference from the pole with 800 MHZ transmissions or other public, Police or Fire emergency vehicle transmissions. Mayor Daly. He asked if a representative of AirTouch was present who Qould like to speak. Eric Meurs, AirTouch Cellular. They are also in accord with the conditions proposed. Council ~ember Tait. The City is spending a lot of money to underground utilities. He understands the need for cellular towers and has supported them but he would like to put some outside.time limits on the proposal. It is also his understanding at some point in the future, poles will no longer be needed. Eric Meurs. The issue was addressed at the Planning Commission relative to the Western High School site l~rOposal. The conditions that the Planning Commission imposed were appropriate. AirTouch is opposed to a 5-year sunset clause and does not feel it is a~propriate for staff or the City to make a determination whether or not the technology is appropriate or if they are using the most efficient technology. It is definitely a business decision. Conditions were imposed stating if the ability was there to lower the site, they would lower the antennas and the monopole accordingly or if the technology changed to where they no longer needed the monopole, they would remove it. AirTouch accepted those conditions. Council Member Tait. As a City, they do have an interest in the skyline. That is why he wants to place outside limits, perhaps 10 or 12 years. Either do that or develop an overall master plan which he thinks is very difficult to do. He would like to create an incentive to not have the pole. Each request has to be considered on a case-by-case basis but he is not inclined to approve it if there is no time limit. Council Member Feldhaus. Yesterday the Planning Commission had a workshop on this issue with PacBell. A map was presented showing their present sites and those they feel they have to have. Fifteen are presently in place and 13 more being considered -- just PacBell. One of the Commissioners suggested an overlay to show L.A. Cellular, AirTouch, and whoever else in order to get a better view of where the installations are located. The monopoles have already changed in size. Eric Meurs. PacBell Mobile Services is independent of AirTouch Cellular. The 13 sites are independent of what AirTouch has. After further discussion, Mayor Daly asked if there were additional public comments at this time. Mr. Winn encouraged the Council to adopt the proposed conditions so the matter could be put behind them. Mayor Daly. He believes that some type of time limit on any new pole application is appropriate ~imply as good public policy as some type of incentive or disincentive. He believes a 10-12 year time limit was imposed on a previous application. 11 CITY OF ANAHE~H~ CALIFORNIA COUNCIL H~NUTE8 NOVEMBER 28~ L995 Joel Fick. Time limits have varied -- one is as short as five years and some are longer. He believes the testimony was the applicant would be agreeable to the language that was incorporated in one of the other permits (Western High School site, also AirTouch). There was a condition stating if technology changed so that the pole was no longer required, it would be removed. Alternatively, the pole would be shortened and in addition, if there is an outside time limit, that can be imposed. Council Member Zemel. He believes in free enterprise but as Council Member Tait stated, it is giving up the skyline. To have such poles under the name of business only is not going to be good enough. Hearing there is not a willingness to shorten the time period, he is prepared to vote no and until he sees a plan from staff on all companies, not just AirTouch, he will be voting no. Mayor Daly. A suggestion has been made not to approve any additional cellular towers until the Planning Commission and planning staff has completed their assessment work. The alternative would be to set some type of time limit. Council.Member Tait. His preference is to go forward but with a 12-year limit. As far as location, it is an industrial area and.a more compatible location if they are going to have cellular towers. Council Member Tait. He is going to act to approve the request with the two proposed conditions read by Mr. Fick and an additional condition of a time limit of 12 years. Mayor Daly. The Planning Director had also suggested the language on the change of technology. Council Member Lopez. He supports Council Member Tait but also that they not approve any more installations until a study is done by the Planning. Commission. City Attorney White. It is necessary tonight to limit action to this particular application. Basicaly, he (Lopez) has expressed his position as well as those of other Council Members. However, when applications are filed, staff is obligated to bring them through the process unless the Council were to adopt a moratorium. That issue is not on the agenda. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Mayor Daly, seconded by Council Member Lopez, 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 ~o substantial evidence that the project will have a significant effect on the environment. Council Member Zemel voted No. MOTION CARRIED. Council Member Tait. He is going to offer a resolution to approve the tower with the following conditions - incorporating the conditions stated by Mr. Fick and imposing a time limitation of 12 years or when technology allows a smaller pole. 12 CTTY OF ~__W-a_N~TMv CALTFORNTA COUNCTL MTNUTES NOVEMBER 28v 1995 City Attorney White suggested - when it is reasonably economically feasible to either eliminate or reduce the height of the pole or 12 years, whichever occurs earlier. Council Member Tait'offered Resolution No. 95R~194 for adoption subject to City Planning Co~auission conditions including the two additional conditions read by the Planning Director and agreed to by Taormina Industries and AirTouch and also when it is reasonably economically feasible to either eliminate or reduce the height of the pole or 12 years, whichever occurs first. RESOLUTION NO. 95R-194~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3789 SUBJECT TO CITY PLANNING COMMISSION CONDITIONS INCLUDING THE ADDITIONAL CONDITIONS, AS ARTICULATED BY COUNCIL MEMBER TAIT. Roll Call Vote on Resolution No. 95R-194 for adoption: AYES: MAYOR/COUNCIL MEMBERS: Tait, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: Zemel ABSENT: MAYOR/COUNCIL MEMBERS~ None The Mayor declared Resolution No. 95R-194 duly passed and adopted. D2. and D3. PU~_L!C ~.~RING - ADOPTION OF 1994 UNIFORM FIRE CODE AND RELATED r~ S~_N~_~ULE ~ND_ ~_r~_?TION OF 1993 AND 1994 EDITIONS OF THE UNIFORM CODES: Opening the Public Hearing on the adoption of the 1994 Uniform Fire Code and fee schedule relating thereto concurrently with the Public Hearing on the adoption of the Uniform Codes and fee schedule relating thereto. MOTION ..... Certifying that the adoption of the ordinance and resolutions are exempt under the California Environmental Quality Act (CEQA), Section 15061(b)(3). RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AHAHEIM SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE UNIFORM FIRE CODE, 1994 EDITION, REGARDING FIRE AND PANIC SAFETY. ORDINANCE NO. 5530: AN ORDINANCE OF THE CITY OF ANAHEIM WHICH WILL REPEAL EXISTING CHAPTER 16.08 AND ADD HEW CHAPTER 16.08 TO TITLE 16 OF THE ANAHEIM MUNICIPAL CODE, ADOPTING THE UNIFORM FIRE CODE, 1994 EDITION, WITH CERTAIN AMENDMENTS THERETO. (Introduced at the meeting of November 7, 1995, Item A22.) RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REVISING FEES FOR SERVICES RENDERED BY THE FIRE DEPARTMENT AND ESTABLISHING THE EFFECTIVE DATE OF FEES. 13 CTTY OF ~NAHETM, C~LIFORN'rA COUNC'rL M'rNUTES NOVEMBER 28, :1.995 MOTION ..... Certifying that the adoption of the ordinance and resolutions are exempt under the California Environmental Quality Act (CEQA), Section 15061(b)(3). RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE UNIFORM BUILDING, ELECTRICAL, MECHANICAL AND PLUMBING, SWIMMING POOL, SPA, AND HOT TUB, AND SOLAR ENERGY CODES. ORDINANCE NO. 5531: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING EXISTING CHAPTER 15.02 AND ADDING NEW CHAPTER 15.02 TO TITLE 15 OF THE ANAHEIM MUNICIPAL CODE ADOPTING THE 1994 EDITION OF THE UNIFORM BUILDING CODE, UNIFORM MECHANICAL CODE, THE UNIFORM SWIMMING POOL, SPA, AND HOT TUB CODE, AND THE 1994 EDITION OF THE UNIFORM ELECTRICAL CODE WITH CERTAIN AMENDMENTS THEHETO~ REPEALING EXISTING CHAPTER 15.32 AND ADDING NEW CHAPTER 15.32 TO TITLE 15 OF THE ANAHEIM MUNICIPAL CODE~ AMENDING SECTION 6.56.010 OF CHAPTER 6.56 OF TITLE 6 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO POOLS 'AND PONDS~ AMENDING SUESECTION 17.04.070 OF CHAPTER 17.04 OF TITLE 17 AND AMENDING CERTAIN PROVISIONS OF CHAPTER 17.28 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO GRADING AND FLOOD HAZARD REDUCTION. (Introduced at the meeting of November 7, 1995, Item A23.) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE'CITY OF ANAHEIM ADOPTING A HEW SCHEDULE OF ~EES FOR THE UNIFORM CODES PERTAINING TO BUILDING AND CONSTRUCTION AND FOR CHAPTER 15.32 OF THE ANAHEIM MUNICIPAL CODE - HOUSING MOVING. PUBbIC NOTICE REOUIREMENT MET BY= Published in the Orange County Register, November 9th and 16th, 1995. Staff Input: See Staff Report dated October 30, 1995 from the Fire Department recommending adoption of the 1994 Uniform Fire Code and Associated Fee Schedule and Staff Report dated Nove~ber 7, 1995 from the Planning Department/Building Division recommending Adoption of 1993 and 1994 Editions of the Uniform Code. City Clerk, Leonora Sohl. As indicated, the Public Hearings were advertised and intended to be taken concurrently. Joel Pick, Planning D£rector. This is a joint Public Hearing (Fire and Planning). He will concentrate on building related items. Incorporated into staff's recommendation is the adoption of eight model codes (see report of 11/7/95). These are national codes adopted every three years. Historicaily, the City has adopted the model codes with the adoption of additional local amendments and ordinances that pertain to the City of Anaheim. Neither Planning nor Fire has received concerns regarding adoption of the ordinances. No increase in fees are proposed. The report notes five items which addresses only new requirements. Staff recommends approval and the Fire Department has similar brief comments regarding the fire codes. Gary Wilder, Fire Marshal. He briefed the report submitted by the Fire Department dated October 30, 1995. To clarify one item which may be of concern, it is not their intent to require residential sprinklers in areas for which they have current development agreements which exclude that provision. He then introduced other members of Fire staff who were present. 14 C~TY OF ANAHEIH~ CALIFORNIA COUNCIL H~NUTE8 NOVEMBER 28~ L995 He also submitted for members of the audience handouts on the matter (see packet, Amendments to the 1994 Uniform Fire Code and Associated Permit Fee Schedule). City Attorney White. The resolutions under both D2. and D3. if adopted by the Council tonight would be adopted primarily to clarify in their language that the provisions in the codes relating solely t6 residential sprinkler requirements would not be applied to properties which are the subject of existing development agreements. The Planning Director clarified for the Mayor that if adopted, the local amendments will be effective January 1, 1996. Council Men~er Zemel. He expressed concern that the Council may not have sufficient input from staff relative to the proposed amendments. Joel Fick. The codes are only adopted nationally approximately every three years. It is not something that Council deals with every year but every several years. National codes are adopted by the State and then forwarded to the local jurisdictions for ratification. They do become law since adopted by the State. The codes are brought before the Council because there' is an opportunity for each local jurisdiction to adopt localized amendments based upon climate, topography, etc. In terms of information to the Council, the ordinances were given first reading on 11-7-95. Council'~ember Feldhaus. He perceives there are a number of questions and asked if it would cause any problem to continue the matter for a week. City Attorney White. They would be adopting the codes on December 5, 1995 so the ordinances would take effect on January 5, 1996 which would not be a problem to him. MOTION. Council Member Feldhaus moved to continue the subject Public Hearings for one week. Council Member Zemel seconded the motion. Before a vote was taken, Mayor Dal'y clarified this would be a motion to continue the Public Hearing so there will be adequate time to give public conunent. He asked if they should invite comments this evening; City Attorney White answered yes. Mayor Daly opened the Public Hearing and asked to hear from anyone who wished to speak~ there was no response. City Attorney White. He asked if the Council wanted a workshop or a more detailed presentation or a week to go over the material more thoroughly. Mayor Daly. If there are three members who would like a workshop, they can communicate that to the City Manager over the next few days. If not, they would have at least more study time. There was additional discussion and questioning by Council Members. City Attorney White pointed out that they are required to justify every change and the resolutions explain the rationale. In most cases, it will be topographic or climatic. Dry conditions and the Santa Aha Winds proliferate in Orange County generally and Anaheim specifically which is justification why they need more stringent standards than the State. Amendments could be less stringent if justified, but normally they are more stringent. 15 (2'I'TY OF ANAHE~'M~, CALTFORN'rA COUNCTL M~'NUTE8 NOVEHBER 28, L995 The Mayor asked if anyone was present to speak on Item D3., adoption of 1993 and 1994 editions of the Uniform Codes~ there'was no response. A vote was taken on the motion to continue the Public Hearings one week. MOTION CARRIED. COUNCIL BUDGET ADVISORY COMMISSION RECO~ENDATIONS - ACTION BY COUNCILz Council Member Zemel. He referred to the communications from the Budget Advisory Commission giving two recommendations to the Council. He asked that the recommendations be placed on the agenda for Council discussion to either support or not support them. (1) Employee Compensation Disclosure Statement. The Commission is recommending that the Mayor and Council support an annual statement disclosing total compensation for all full-time employees and that the information be presented by job classification within bargaining units without individual names or identification numbers and made available to the Public by March 31st each year through the City Clerk's Office. (2) Street Maintenance Privatization. The Commission is also recommending after careful consideration of the data presented, that in their opinion there is no additional value in further privatization of Street Maintenance at this time. Council Member Zemel asked that these issues be placed on the Council Agenda of December 5, 1995. UPDATE - INS O/~'ICF~ IN CITY JAILs Council Member Zemel. He and Council Member Tait, as part of the Liaison Committee, met on the subject issue again today. He then gave an update and briefed the highlights of the meeting. Mayor Daly asked for a followup report from staff in writing. ADJOURNMENT: By general Council consent, the Council Meeting of November 28, 1995 was adjourned (7:30 P.M.) LEONORA N. SOHL CITY CLERK 16