1995/12/12CITY OF ANAHE'I'M~ C&LIFORN~'& COIJNC'rL H'rNUTE8
DECEMBER 12· 2.995
The City Council of the City of Anaheim met in regular session.
PRESENT:
PRESENT:
ABSENT:
PRESENT:
MAYOR= Daly
COUNCIL MEMBERS:
COUNCIL MEMBERS= None
CITY MANAGER: James Ruth
CITY ATTORNEY= Jack White
CITY CLERK= Leonora N. Sohl
ASSISTANT CITY CLERKs Ann M. Sauvageau
DEPUTY CITY MANAGER/DIRECTOR OF MAINT.=
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER=
FIRE CHIEFs Jeff Bowman
FIRE MARSHAL= Gary Wilder
PLANNING DIRECTOR= Joel Fick
DEPUTY FIRE MARSHAL= Janet Baylor
CODE ENFORCEMENT MANAGER= John Poole
Tait, Zemel, Feldhaus, Lopez
Tom Wood
Gary Johnson
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 2:30 p.m. on December 8, 1995 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Daly called the workshop portion of the meeting of December 12, 1995 to
order at 3:10 p.m.
City Manager, James Ruth. Deputy City Manager, Tom Wood will make the
workshop presentation giving an overview of the City's Landfill Strategy. The
County is contemplating selling the landfill operation to the Sanitation
District. Staff has been working with the private sector to determine what
avenue the City should pursue.
SOLID WASTE LANDFILL STRATEGYs Deputy City Manager, Tom Wood gave a slide
presentation (Managing Our Solid Waste Future), hard copies of which were
submitted to the Council. (Also see memorandum dated December 16, 1995 to the
City Manager/City Council from Mr. Wood -- Subject: Solid Waste Landfill
Strategy, which gave the background on the issue as well as specific actions
to be taken in pursuing solid waste options). Some topics covered in the
presentation -- the importance of the issue, components of the solid waste
system (collection, processing, disposal), collection highlights (a notable
fact being that approximately 15% of the County's trash is Anaheim generated),
processing highlights, components presently beyond Anaheim's control,
"interests" and objectives, consequences of no action, etc.
Staff wants to pursue the three steps outlined: (1) identification of
alternative landfill locations and the terms under which they would accept
City solid waste~ (2) determination of the economics of entering into a
public/private partnership to achieve greater control of the City's disposal
future and, (3) exploration of opportunities to collaborate with the County
and/or its solid waste successor to achieve City objectives. These steps are
necessary to be sure the disposal price is the least possible cost and the
best deal for businesses and residents.
C'I'Ty OF ANAHETM~ CAL'rFORNTA COUNCIL H'rNUTE8 DECEMBER 12~ '1995
Mr. Wood's presentation was followed by questions from the Mayor and Council
Members which were answered by Mr. Wood, City Attorney, Jack White, and City
Manager Ruth.
Council Member Zemel noted that as the City's representative on the Sanitation
District, the landfill issue, because of the bankruptcy, has been one of the
major topics. If the activity is reshifted to the County, it would be
operated with each member having one vote, i.e., Anaheim would have one vote
and Stanton would have one vote while Anaheim has 15% of the trash. He feels
Anaheim would lose a lot of control and the benefits of the assets. He
(Zemel) is doing whatever he can not to support that at the Sanitation
District level and will need some direction from the Council now or in the
future.
Mayor Daly suggested it be discussed in the future. Since the Sanitation
Districts are comprised mainly of cities, the cities control the Sanitation
Districts. Anaheim might have more control over the three landfills if the
Sanitation Districts buy them since the City has a seat on the Sanitation
Districts but not on the Board of Supervisors. However, one seat may not be
sufficient on a ratio basis.
Council Member Tait. He would like a list of pros and cons of County owned
and operated, Sanitation District owned and operated and privately owned and
operated landfills.
Council Member Feldhaus. He suggested that they wait until the audit that is
in process by staff is completed. As was noted by Mr. Wood, the City's
auditing team is presently auditing the County's system to determine what
actually constitutes the price Anaheim is presently paying at the landfill.
City Manager Ruth. He stated that as soon as the audit is completed, the
information will be shared with the Council.
Mayor Daly and Council Members thanked Mr. Wood and staff for the informative
presentation.
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.
me
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.
C~TY OF ANAHE~ CALiFORNiA COUNCIL ~NUTE8 DECEIVER L2~ ~995
City of Anaheim, Orange County Superior Court Case No. 73-26-65; Anaheim
Stadium Associates v. Anaheim Redevelopment Agency, Orange County
Superior Court Case No. 73-70-20.
3e
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION
Name of Case: Carrier v. City of Anaheim, et al., Orange County
Superior Court Case No. 74-22-29.
4e
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - EXISTING LITIGATION
Name of Case: City of Anaheim v. Patel, et al., Orange County
Superior Court Case No. 69-58-49
CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator: Dave Hill
Employee organization: IBEW Local 47.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 2000 South Gene Autry Way
Negotiating parties: City of Anaheim, Anaheim Stadium Associates,
Golden West Baseball Co.
Under negotiation: Price and terms
7e
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: Southwest Corner of Anaheim Blvd and W. Harbor Place
Negotiating parties: Anaheim Redevelopment Agency, City of Anaheim, and
Chapman University.
Under negotiation: Price and terms
Se
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Section 54956:
one potential case.
9e
LIABILITY CLAIMS
Claimants: Deloie Chronister; Blanca Carrasco and Tony Rivas
Agency claimed against: City of Anaheim
RECESS:
Mayor Daly moved to recess into Closed Session. Council Member
Feldhaus seconded the motion. MOTION CARRIED. (3:43 p.m.)
City Attorney White. As the Council is recessing into Closed Session, the
titles and full reading of the proposed urgency ordinances relating to the
Uniform Fire Code and Building Codes will be placed into the record by the
City Clerk. Proposed Urgency Ordinances 5536, 5537, 5538, 5539, 5540 and 5541
(partially - full reading completed later in the meeting) were subsequently
read into the record in full. (Read from 3:45 to 5:45).
C~'TY OF ANAHE'I'M, CALIFORNIA COUNCIL MINUTES DECEMBER 12~ 2995
107: ORDINANCE NO. 5536 (URGENCY 4/5THS VOTE REQUIRED)
AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING EXISTING CHAPTER
16.08 AND ADDING NEW CHAPTER 16.08 TO TITLE 16 OF THE ANAHEIM
MUNICIPAL CODE ADOPTING THE UNIFORM FIRE CODE, 1994 EDITION; AND
DECLARING THAT THIS ORDINANCE IS AN EMERGENCY MEASURE WHICH SHALL
TAKE IMMEDIATE EFFECT.
107: ORDINANCE NO. 5537 (URGENCY 4/5THS VOTE REQUIRED)
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 16.08 OF
TITLE 16 OF THE ANAHEIM MUNICIPAL CODE ADOPTING AMENDMENTS TO THE
UNIFORM FIRE CODE, 1994 EDITION; AND DECLARING THAT THIS ORDINANCE
IS AN EMERGENCY MEASURE WHICH SHALL TAKE IMMEDIATE EFFECT (PRIOR
AMENDMENTS RECODIFIED).
Ce
107~ ORDINANCE NO. 5538 (URGENCY 4/5THS VOTE REQUIRED)
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 16.08 OF
TITLE 16 OF THE ANAHEIM MUNICIPAL CODE ADOPTING AMENDMENTS TO THE
UNIFORM FIRE CODE, 1994 EDITION, AND DECLARING THAT THIS ORDINANCE
IS AN EMERGENCY MEASURE WHICH SHALL TAKE IMMEDIATE EFFECT (NEW
AMENDMENTS ).
de
107: ORDINANCE NO. 5539 (URGENCY 4/5THS VOTE REQUIRED)
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 EDITIONS OF THE UNIFORM BUILDING
CODE, THE UNIFORM MECHANICAL CODE, THE UNIFORM CODE FOR THE
ABATEMENT OF DANGEROUS BUILDINGS, THE UNIFORM HOUSING CODE, THE
UNIFORM PLUMBING CODE, THE UNIFORM SOLAR ENERGY CODE, THE UNIFORM
SWIMMING POOL, SPA AND HOT TUB CODE, AND THE 1993 EDITION OF THE
NATIONAL ELECTRICAL CODE; AND DECLARING THAT THIS ORDINANCE IS AN
EMERGENCY MEASURE WHICH SHALL TAKE IMMEDIATE EFFECT.
107: ORDINANCE NO. 5540 (URGENCY 4/STHS VOTE REQUIRED)
AN ORDINANCE OF THE CITY OF ANAHEIM ADOPTING AMENDMENTS TO THE
1994 EDITIONS OF THE UNIFORM BUILDING CODE, THE UNIFORM MECHANICAL
CODE, THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS,
THE UNIFORM HOUSING CODE, THE UNIFORM PLUMBING CODE, THE UNIFORM
SOLAR ENERGY CODE, THE UNIFORM SWIMMING POOL, SPA AND HOT TUB
CODE, AND THE 1993 EDITION OF THE NATIONAL ELECTRICAL CODE; AND
DECLARING THAT THIS ORDINANCE IS AN EMERGENCY MEASURE WHICH SHALL
TAKE IMMEDIATE EFFECT. (PRIOR AMENDMENTS RECODIFIED.)
107: ORDINANCE NO. 5541 (URGENCY 4/5THS VOTE REQUIRED)
AN ORDINANCE OF THE CITY OF ANAHEIM ADOPTING AMENDMENTS TO THE
1994 EDITIONS OF THE UNIFORM BUILDING CODE, THE UNIFORM MECHANICAL
CODE, THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS,
THE UNIFORM HOUSING CODE, THE UNIFORM PLUMBING CODE, THE UNIFORM
SOLAR ENERGY CODE, THE UNIFORM SWIMMING POOL, SPA AND HOT TUB
CODE, AND THE 1993 EDITION OF THE UNIFORM ELECTRICAL CODE;
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 SUBSECTION 17.04.070 OF
CITY OF ANAHEI~ CALIFORNIA COUNCIL MINUTEB DECEMBER 2.2, '1995
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; AND DECLARING THAT THIS
ORDINANCE IS AN EMERGENCY MEASURE WHICH SHALL TAKE IMMEDIATE
EFFECT (HEW AMENDMENTS).
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.).
INVOCATION=
Reverend Bryan Crow, Garden Church, gave the invocation.
FLAG SALUTE=
Council Member Frank Feldhaus led the assembly in the Pledge of
Allegiance to the Flag.
(5:50
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,257,520.17 for
the period ending December 8, 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=53 p.m.)
Mayor Daly reconvened the City Council meeting. (5:55 p.m.)
ADDITIONS TO THE AGENDA=
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Carol Stanley. She is representing the Anaheim Downtown Nutcracker Holiday
Program. She briefed all of the festivities and events that are taking place
in the downtown area and invited all residents to attend. Activities will be
held through December 23, 1995.
PUBLIC COMMENTS - AGENDA ITEMS:
There were no public comments on City Council Agenda items.
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and
resolutions to be acted upon for the Council meeting of December
12. Council Member Feldhaus seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR:
On motion by Mayor Daly, seconded by Council Member Feldhaus, the following
items were approved in accordance with the reports, certifications and
recommendations furnished each Council Member and as listed on the Consent
Calendar; Mayor Daly offered Ordinance No. 5548 for first reading. Refer to
Ordinance Book.
CTTY OF ANAHETM~ CAL'rFORN'rA COUNCIL H~'NUTE8 DECEMBER 12~ :1.995
Al.
A2.
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 Delois Chronister c/o Michael G. Nutter, Esq. for
bodily injury sustained purportedly due to actions of the City on or
about January 5, 1995.
b. Claim submitted by James Meredith Cook c/o Philip A. Zywiciel, Esq.
for Property damage sustained purportedly due to actions of the City on
or about June 13, 1995.
c. Claim submitted by Metro Builders and Engineers Group Ltd. c/o Mark
A. Feldman, Esq. for property damage sustained purportedly due to
actions of the City on or about April 27, 1995.
d. Claim submitted by Vicki L. Vasquez c/o F. Vasquez for property
damage sustained purportedly due to actions of the City on or about
April 27, 1995.
e. Claim submitted by Maria Wieler c/o Ute, Campbell & Associates for
bodily injury sustained purportedly due to actions of the City on or
about September 9, 1995.
f. Claim submitted by Ward S. Thomas for property damage sustained
purportedly due to actions of the City on or about September 30, 1995.
g. Claim submitted by Blanca Stella Carrasco c/o Raul C. Contreras,
Esq. for bodily injury sustained purportedly due to actions of the City
on or about April 26, 1995.
h. Claim submitted by John L. Dains for property damage sustained
purportedly due to actions of the City on or about November 1, 1995.
i. Claim submitted by Tony Rivas cio Raul C. Contreras, Wsq. for bodily
injury sustained purportedly due to actions of the City on or about
April 26, 1995.
105: Receiving and filing minutes of the Golf Advisory Conunission
meeting held November 2, 1995.
173~ Receiving and filing correspondence before the Public Utilities
Commission of the State of California from PCSTC, INC., dba Pacific
Coast Sight Seeing Tours regarding (1) a reply to protest and requests
for oral hearing of Buslink Corp~ (2) petition to amend application to
include verification of applicant~ (3) amendment to application to
include applicant's verification~ (4) motion for dismissal of
application No. 95-10-021 made by Buslink Corp.~ (5) notice of filing
original proof of service for protest and request for oral hearing of
Buslink Corp.~ and (6) notice of filing original proof of service for
motion for dismissal of Application No. 95-10-021 made by Buslink Corp.
in the matter of the application of PCSTC, INC., dba Pacific Coast Sight
Seeing Tours for certificate of public convenience and necessity to
operate as a passenger stage .for scheduled and on-call service between
Los Angeles International Airport and John Wayne Airport on the one hand
CITY OF ANAHEIH~ CALIFORNIA COUnCiL ~NUTES DECEMBER ~2~ ~995
and of the cities of Anaheim, Fullerton, Orange and Buena Park on the
other hand.
173~ Receiving and filing correspondence regarding a Motion to
Intervene of Pacific Gas and Electric Company (FERC Docket No. ER96-222-
000).
173: Receiving and filing correspondence filed before the United States
of America Federal Energy Regulatory Commission by Southern California
Edison Company (Docket No. ER96-222-000) regarding a Motion to Intervene
of Calpine Power Marketing, Inc.
Council Member Tait abstained on Item A2.
A3.
1512 ORDINANCE NO. 5548 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING TITLE 12 OF THE ANAHEIM MUNICIPAL CODE BY ADDING
THERETO A NEW CHAPTER 12.02 PERTAINING TO AUTHORIZED ENCROACHMENTS IN
CITY STREETS AND EASEMENTS.
Council Member Feldhaus. He noted in the staff report of December 1, 1995 it
states that the applicant can seek City Council approval if denied by the
Director of Public Works but it does not say that in the proposed amendment.
City Attorney White. The ordinance itself does not contain the language that
gives a right of appeal or right of review because this is an agreement
between the City and the encroacher. The Council always has the right to
entertain such an agreement even if denied by the Public Works Department. It
is not necessary to institute a procedure giving the right to do so. It is an
administrative hearing process. Anyone who is denied has a right as a matter
of law to come to the Council and ask for approval.
Council Member Tait. As an attorney, Mr. White knows it is appealable, but
the average applicant might not. He feels for clarity, there should be a
provision that says it is appealable.
City Attorney White. That could be added, but he needs to know if the Council
wants both an approval and a denial appealable; Council Member Tait answered,
just a denial.
City Attorney White. If Council wishes, he will add a section to the
ordinance to provide that a denial would be appealable to the City Council.
The ordinance could be given first reading and at the next meeting, adopted
with the added language.
Gary Johnson, Director of Public Works and City Engineer. If that language is
to be introduced, perhaps it would be appropriate for any decision to be
appealed because there could be a circumstance where an approval was granted
and some surrounding property owners objected to the approval. They then
would not have the right to appeal his decision. It is a right and currently
that language is not contained in each and every ordinance. Staff is
comfortable with it either way.
A4.
123: Approving an Agreement with Daniel E. Clark, AIA and Company in
two phases, in the amount of $134,250 with a not-to-exceed $15,000 in
reimbursable expenses, for the design of Fire Station 6.
CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES DECEMBER 12, 1995
A5.
160: Accepting the low bid of Southwest Power, Inc., in the amount of
$44,760 for five PMH-9 manual operated padmount, sectionalizing switches
with holders, in accordance with Bid ~5445.
A6.
160: Accepting the bid of Howard Industries, Inc., c/o Young and
Company, in the amount of $59,355 for thirty 37.5 K.V.A. conventional
transformers and forty-five 37.5 K.V.A. current protected transformers,
in accordance with Bid $5444.
160: Accepting the bid of Kuhlman Electric Corporation, in the amount
of $21,425 for twenty-five 50 K.V.A. conventional transformers, in
accordance with Bid 25444.
160: Accepting the bid of Wesco Utility Sales, in the amount of $10,155
for four 75 K.V.A. current protected transformers and five 75 K.V.A.
conventional transformers, in accordance with Bid $5444.
160: Accepting the bid of General Electric Company, c/o Southwest
Power, Inc., in the amount of $3,728 for two 100 K.V.A. current
protected transformers, in accordance with Bid ~5444.
A7.
123: Approving (1) a consent to assignment of Lease Agreements from
King of California, Inc., to the Leo Freedman Foundation, and (2) a
consent to an assignment of Lease Agreements from the Leo Freedman
Foundation to E 1000, Inc., and (3) approving a Fourth Amendment to
Lease Agreement with the Leo Freedman Foundation.
Council Member Feldhaus. With respect to the lease agreement, if there is
going to be a modification, he would like to see some language that would
allow Council Members and certain members of City staff have access to the
parking structure during events. A couple of times when he has attempted to
access the structure, he has not been allowed to do so on evenings and
weekends.
Lisa Stipkovich, Executive Director of Community Development. The lease does
preclude the spaces currently reserved for the Council and the City Manager's
Office and could remain reserved. She believes that can be accommodated. It
will be in writing to be sure there is control and that those spaces will be
available.
A8.
0002 Approving a request from the Anaheim City Golf Championship
Tournament Committee to waive the tournament surcharge of $10 per golfer
per day for the 1996 tournament.
A9.
123= Approving a Lease Agreement with Beach-Lin Plaza, for a Police
Community Resource Center at 2960 West Lincoln Avenue, Unit L, at a cost
of $200 per month for the first year, with two, one-year options; second
year at $100 per month; and third year at $0 per month.
Al0.
123: Approving an Agreement with ASL Consultants, in an amount not to
exceed $588,198 to provide engineering services for Segments A and B of
the I-5 Water Main and Facilities Relocation Project; and approving an
Agreement with Black & Veatch (B&V), in an amount not to exceed $391,833
to provide engineering services for Segments C and D of the project; and
authorizing the Public Utilities General Manager to execute said
Agreement with ASL and B&V and any related documents on behalf of the
City.
8
CTTY OF /m~NAHETM, CALTFORNTA COUNCIL MTNUTES DECEMBER 12, 1995
All ·
A12 ·
123: Approving an Amendment to Agreement with Orange County Water
District to increase the loan amount from $750,000 to $1,000,000 for the
construction of Well No. 49; and authorizing the Public Utilities
General Manager to execute said amendment and any related documents
substantially in conformance with the Amendment on behalf of the City.
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
terminate the local emergency at this time.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
51.
179: ORDINANCE NO. 5535 FOR ADOPTION: Amending Title 18 to rezone
property under Reclassification No. 94-95-10 located at 1120 South
Anaheim Boulevard from the ML, CH, CG, and PLD-M zones to the CL zone.
(Introduced at the meeting of December 5, 1995, Item 56.)
Mayor Daly offered Ordinance No. 5535 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 5535 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE
ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE TO
REZONE PROPERTY (RECLASSIFICATION NO. 94-95-10 LOCATED AT 1120 SOUTH
ANAHEIM BOULEVARD FROM THE ML, CH, CG, AND PLD-M ZONES TO THE CL ZONE.)
Roll Call Vote on Ordinance No. 5535, 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. 5535, duly passed and adopted.
179s REOUEST FOR REHEARINGs WAIVER OF CODE REOUIREMENT CONDITIONAL USE
pERMIT NO. 3787 AND NEGATIVE DECLARATIONs
OWNER: DANTE AND EVELYN ENCARNACION, 1315 South Anaheim Boulevard,
Anaheim, CA 92805
~OCATION= 1315 and 1321 South Anaheim Boulevard
Property is approximately 0.47 acre located on the west side of Anaheim
Boulevard and approximately 760 feet west of the centerline of Ball
Road.
To permit a 46 bed board and care facility (currently 36 beds) with
waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3787 DENIED (PC95-107) (6 yes votes, i absent).
Waiver of code requirement DENIED.
Approved Negative Declaration.
CITY OF AN~HEIMv CALIFORNI~ COUNCIL MINUTES DECEMBER 12, 1995
Informational item at the meeting of September 26, 1995, item B3.
Letter of appeal submitted by the owner, Dante Encarnacion.
Public hearing continued to October 17, 1995, Item D2, from the meeting
of October 10, 1995, Item D1. At the public hearing held on October 17,
1995, the City Council Denied CUP NO. 3787, and DENIED NEGATIVE
DECLARATION STATUS (RESOLUTION NO. 95R-180).
Request for Rehearing submitted by the owner, Dante Encarnacion.
City Attorney White. He clarified for the Mayor that it will take-a motion to
grant a rehearing. He has reviewed the grounds set forth in the rehearing
declaration and in his view, the grounds specified are not sufficient to
compel the Council to grant a rehearing. It is at the Council's discretion.
MOTION. Mayor Daly moved to deny the request for a rehearing on Conditional
Use Permit No. 3787. Council Member Lopez seconded the motion. MOTION
CARRIED.
B3. 179= DETERMINATION AS TO REFERRAL OF CONDITIONAL USE PERMIT NOS.
1082 AND 3422 TO A HEARING OFFICER=
LOCATION= 1339 North East Street (Sweetwater Saloon)
City-initiated request to consider revocation or modification of
Conditional Use Permit No, 1082 (to permit on-premise sale and
consumption of beer and wine in conjunction with the serving of meals in
an existing restaurant) and Conditional Use Permit No. 3422 (to permit
on-premise sale and consumption of alcoholic beverages in an existing
restaurant)
Decision of Planning Commission to revoke CUP NOS. 1082 and 3422
appealed.
Council Member Feldhaus. He would like the matter set before the Council for
the Council to make the final decision.
City Attorney White explained for the Mayor that if it was determined to refer
the matter to a Hearing Officer to take evidence, a transcript of the hearing
would be prepared for the Council plus the recommendation of the Hearing
Officer. There was between 2 1/2 to 3 hours of testimony given before the
Planning Commission. Ne assumes another hearing will be comparable timewise.
The Council is also not bound by the Hearing Officer's recommendation. In
reviewing the evidence, if the Council comes to a different conclusion, the
process allows the opportunity to change that decision.
MOTION. Mayor Daly moved to refer the Public Hearing on Conditional Use
Permit Nos. 1082 and 3422 (revocation or modification) to a Hearing Officer as
selected by the City Attorney. Council Member Lopez seconded the motion.
Before a vote was taken, additional Council discussion followed wherein
Council Member Feldhaus felt that the Council should send a message on such
matters irrespective of recent court decisions.
Council Member Zemel felt that the message is being sent in that staff has
been directed to be tough in these cases. In the last case, the Hearing
Officer recommended closing the E1 Paraiso and the Council followed that
reconm~ndation. He believes referral to a Hearing Officer makes the case
stronger and handled in a professional and formal manner.
10
CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTES DECEMBER L2~ 1995
A vote was then taken on the foregoing motion to refer the matter to a Hearing
Officer. MOTION CARRIED.
D1.
107~ CONTINUED PURLIC HEARING - ADOPTION OF 1994 UNIFORM FIRE CODE AND
P~.~TED FEE SCHEDULE: Public Hearing on the adoption of the 1994 Uniform
Fire Code and fee schedule relating thereto and a Public Hearing on the
adoption of the Uniform Codes (see Item D2.) and fee schedule relating
thereto. These Hearings were continued from the meetings of November 28
and December 5, 1995 to this date. (See minutes those dates.)
PUBLIC NOTICE REQUIREMENT MET BY: Published in the Orange County Register,
November 9th and 16th, 1995.
Mayor Daly asked for a brief staff report summarizing any changes since last
week.
City Attorney White. There are three ordinances relating to the Fire' Code and
three relating to the Uniform Building Code and related codes together with
some amendments to other sections in the Municipal Code. Staff has separated
the adoption of the Uniform Code with no changes into one ordinance. The
second ordinance in each case is adopting all of the amendments adopted in
past years, readopting those for the new Uniform Code. Third is an ordinance
that would adopt new amendments which have not in previous years been
codified. With regard to the ordinance relating to the Building Codes, some
of those provisions such as the house-moving provisions are codifications of
practices currently in effect and revising some ordinances to reflect those
practices. They are more housekeeping than substantive in nature.
In addition these are a duplicate set of ordinances that give the Council the
right to adopt those provisions on an urgency basis since the State statute
would provide that the Uniform Codes with no amendments would become effective
if the City has not adopted and put into effect their own ordinances prior to
December 28, 1995. The only way to do that would be to adopt these as urgency
ordinances since they do not have the requisite time to adopt regular
ordinances and the 30-day waiting period. He also noted that the Council
cloged the hear£ngg on Item~ D1. and D2. He a~ume~ both will be taken
jointly for discussion purposes. Unless Council reopens the hearing, there
will be no other testimony.
Gary Wilder, Fire Marshal. In reviewing the tapes of the last meeting (see
minutes of December 5, 1995), they were not clear on the motion. They
prepared alternative language that affects the rebuilding sprinkler
requirement for residential.
MOTION. Council Member Zemel moved that the adoption of the ordinance and
resolutions are exempt under the California Environmental Quality Act (CEQA),
Section 15061(b)(3). Mayor Daly seconded the motion. MOTION CARRIED.
Extensive discussion followed wherein the Mayor and Council Members discussed
certain aspects of the proposed amendments referring to the document submitted
11
C'I'TY OF ANAHE'rM~ CALIFORNIA COUNCIL ~?NUTE8 DECEMBER 12~ :1.995
by the Fire Chief and Fire Marshal - 1994 Uniform Fire Code and Related
A~endments - under memorandum dated December 8, 1995 (Subject= 1994 Uniform
Fire Code Adoption) which listed the provisions of the 1994 Uniform Fire Code,
the 1991 Amendments, and the 1994 Amendments. Questions were also posed which
were answered by the Fire Marshal, Deputy Fire Marshal (Janet Baylor), Fire
Chief Bowman and the City Attorney. Much of the discussion revolved around
residential fire sprinklers and the contention by the Fire Department that the
addition of sprinklers will be cost neutral.
Fire Chief Bowman explained they can make an attempt to document the history
of cost savings but he can guarantee it will be cost neutral. He then gave a
detailed explanation of how the cost neutral factor would come about.
Mayor Daly. He is going to suggest that they not adopt any sprinkler
amendments in excess of the new Uniform National Code. He is going to propose
that the Anaheim amendments, the 1991 amendments applicable only to Anaheim,
are not necessary and that the Uniform Fire Code, adopted only after lengthy
meetings at the national level among professionals, is sufficient for Anaheim.
He does not believe that the additional sprinkler requirements over and above
what are already contained in the 1994 Uniform Code are necessary. The
ordinance he would be offering and supporting would be the 1991 package minus
the sprinkler requirements. The City would simply adhere to the 1994 Uniform
Code with no local amendments, 1991 or 1994.
Council Member Zemel asked Council Member Lopez if he was supporting the
Mayor's proposal~ Council Member Lopez answered yes.
City Attorney White. This would be deleting proposed Section 16.08.050 on
Pages 2 and 3 of that particular ordinance and offering the ordinance for
introduction with that deletion. That would accomplish taking out the
automatic sprinkler requirements and leaving those requirements the way they
were in the 1994 Uniform Code.
A member of the public approached the podium to speak~ Mayor Daly noted that
the City Attorney advised that the hearing was closed but he is going to allow
the input.
Miriam Kaywood, Anaheim resident. Anaheim was always the leader in the
County, State and country. She is concerned that this is a safety issue.
Sprinklers save lives, injuries and property. For the Fire Department, it
would mean one million dollars a year in not having to add new trucks as was
explained. She is also concerned that the City would be subject to liability
in deleting the sprinkler provision.
Mayor Daly asked if there were any additional comments. Since there were
none, he noted that the Public Hearing was closed.
City Attorney White. The City is statutorily immune under State law from any
liability. Most cities, as pointed out by staff, do not have this local
amendment. It is discretionary and if not adopted, the City does not incur
any liability.
Mayor Daly. He is going to offer the ordinance dealing with the 1991
amendments and proposing that package not include new sprinkler requirements
over and above those required in the 1994 Uniform Code. Subsequently, the
Council will deal with the issue of urgency or not.
12
C'rTy OF ANAHET~ CAL'rFORN'rA COUNC'rL ~'rNUTE8 DECEIVER ~2~ 1995
Council Member Tait. What they are really talking about are the homes that
will be built out in the new developments -- the Gypsum Canyon development
and not rebuilds or houses damaged by earthquakes or the like. He respects
the Mayor's position~ however, what has swayed him to the other side is the
cost neutrality as discussed by Chief Bowman. He would like to go forward
with the 1991 amendments and subsequently ask the Chief to come back with some
formal statements relative to the cost neutral aspect.
Mayor Daly. The 1994 amendments contain some of the same issues. There are
sprinkler amendments in the 1994 package. Those are over and above the 1991
sprinkler amendments. In some cases they clarify language.
Gary Wilder, Fire Marshal, summarized the highlights for the Mayor.
City Attorney White. If Council wishes to proceed with the so-called New
Amendments but deleting the sprinkler requirements, they are the local
amendments in excess of the 1994 code. That could be done by offering the
New Amendments ordinance for introduction deleting Section 16.08.160.
Mayor Daly offered Ordinance 5542 through 5544, both inclusive, for first
reading amending 5543 and 5544 deleting the section(s) relating to fire
sprinklers.
ORDINANCE NO. 5542 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM REPEALING EXISTING CHAPTER 16.08 AND ADDING NEW CHAPTER
16.08 TO TITLE 16 OF THE ANAHEIM MUNICIPAL CODE, ADOPTING THE
UNIFORM FIRE CODE, 1994 EDITION.
ORDINANCE NO. 5543 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING CHAPTER 16.08 OF TITLE 16 OF THE ANAHEIM MUNICIPAL CODE
ADOPTING AMENDMENTS TO THE UNIFORM FIRE CODE, 1994 EDITION. (PRIOR
AMENDMENTS RECODIFIED.)
ORDINANCE NO. 5544 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING CHAPTER 16.08 OF TITLE 16 OF THE ANAHEIM MUNICIPAL CODE
ADOPTING AMENDMENTS TO THE UNIFORM FIRE CODE, 1994 EDITION (NEW
AMENDMENTS.)
Mayor offered Resolution No. 95R-198 for adoption. Refer to Resolution Book.
RESOLUTI°N NO. 95R-198= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE
UNIFORM FIRE CODE, 1994 EDITION, REGARDING FIRE AND PANIC SAFETY.
Roll Call Vote on Resolution No. 95R-198 for adopt£on~
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution No. 95R-198 duly passed and adopted.
Council Member Zemel offered Resolution No. 95R-199 for adoption. Refer to
Resolution Book.
13
CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES DECEMBER 12~ 1995
RESOLUTION NO. 95R-199: 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.
Roll CaLl Vote on Resolution No. 95R-199 for adoption:
AYES=
NOES~
ABSENT=
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS=
MAYOR/COUNCIL MEMBERS=
Tait, Zemel, Feldhaus, Lopez, Daly
None
None
The Mayor declared Resolution No. 95R-199 duly passed and adopted.
Mayor Daly. The next order of business relates to the urgency ordinances.
City Attorney White. Previously between 3=30 and 5=30 p.m. the text of the
proposed Urgency Ordinances (Ordinance 5536, 5537 and 5538) relating to the
1994 Fire Code were publicly read as required by the City Charter. Based upon
the introduction of the three ordinances with the changes that have been made
tonight by the Council, the three Urgency Ordinances before the Council would
be (1) adopting the 1994 Fire Code, (2) adopting the Prior Amendments in the
form as read earlier in the meeting except deleting Section 16.08.050 relating
to the fire sprinkler requirements, and (3) adopting the New Amendments
ordinance deleting Section 16.08.160 relating to the fire sprinkler
amendments. These require a 4/5's vote. He explained the reasons for having
to adopt the ordinances as emergency measures.
Mayor Daly offered Ordinance 5536 through 5538, both inclusive, for adoption
ORDINANCE NO. 5536 (URGENCY 4/5tbs vote required)
AN ORDINAHCE OF THE CITY OF ANAHEIM REPEALING EXISTING CHAPTER
16.08 AND ADDING NEW CHAPTER 16.08 TO TITLE 16 OF THE AHAHEIM
MUNICIPAL CODE ADOPTING THE UNIFORM FIRE CODE, 1994 EDITION~ AND
DECLARING THAT THIS ORDINANCE IS AN EMERGENCY MEASURE WHICH SHALL
TAKE IMMEDIATE EFFECT.
ORDINANCE NO. 5537 (URGENCY 4/STHS VOTE REQUIRED)
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 16.08 OF
TITLE 16 OF THE AHAHEIM MUNICIPAL CODE ADOPTING AMENDMENTS TO THE
UNIFORM FIRE CODE, 1994 EDITION~ AND DECLARING THAT THIS ORDINANCE
IS AN EMERGENCY MEASURE WHICHSHALL TAKE IMMEDIATE EFFECT (PRIOR
AMENDMENTS RECODIFIED).
ORDINANCE NO. 5538 (URGENCY 4/STHS VOTE REQUIRED)
AH ORDINAHCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 16.08 OF
TITLE 16 OF THE AHAHEIM MUNICIPAL CODE ADOPTING AMENDMENTS TO THE
UNIFORM FIRE CODE, 1994 EDITION~ AND DECLARING THAT THIS ORDINANCE
IS AN EMERGENCY MEASURE WHICH SHALL TAKE IMMEDIATE EFFECT (NEW
AMENDMENTS).
Roll Call Vote on Ordinance Nos. 5536 through 5538, both inclusive, for
adoption=
14
C'rTY OF ANAHE'rM~ CALTFORN'I'A COUNCIL ~'I'NUTE8 DECEHBER 2.2~ :1.995
AYESs
NOESs
ABSENTs
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
Tait, Zemel, Feldhaus, Lopez, Daly
None
None
The Mayor declared Ordinance Nos. 5536 through 5538, both inclusive, duly
passed and adopted.
(Notes Council Member Tait later in the meeting changed his yes to a no vote
on Ordinance 5537).
Council Member Zemel. He would also like staff to prepare the cost neutral
opportunities to show there is something to offer by putting sprinklers in
houses thereby being proactive rather than having sprinklers mandated.
D2. 107s CONTINUED PUBLIC HEARING - ADOPTION OF 1993 AND 1994 EDITIONS OF
THE UNIFORM CODESs Public Hearing on the adoption of the Uniform Codes
and Fee Schedule relating thereto to be held concurrently with the
Public Hearing on the adoption of the 1994 Uniform Fire Code (see D1.
above) and Fee Schedule relating thereto. Public Hearing continued from
the meetings of November 28 and December 5, 1995 to this date. (See
minutes those dates.)
PUBLIC NOTICE REQUIREMENT MET BY~ Published in the Orange County Register,
November 9th and 16th, 1995.
Mayor Daly. He asked for clarification that these ordinances contain some
Fire Code language 4s well.
City Attorney White. He answered yes and Fire staff is conforming the
Building Code provisions to the changes the Council has made relating to the
Fire Code. Again, there are three ordinances. The first would merely be
adopting the Uniform Code without any amendments. The second would be
adopting the Prior Amendments. The one change necessary to that ordinance
would be a deletion in Section 15.02.090, sub .050 (pg. 2) which refers to the
fire sprinklers. That would be the only change to the Prior Amendments
ordinance. The other is the New Amendments ordinance which would require one
change deleting Section 15.02.090, sub .090 (pg. 5) also relating to fire
sprinklers.
Council Member Ta£t. For clarification, on Item DI., he ag~umed they were
voting simply on the urgency portion and not the codes themselves.
City Attorney White. Under Di., Mayor Daly introduced as regular ordinances,
the Uniform Code, the Prior Amendments and New Amendments without the
sprinkler changes to the Uniform Code. The Council then adopted as urgency
Ordinances those same three ordinances so they will be in effect immediately.
Council Member Tait. At the time, he stated he did not have a problem with
the 1991 amendment on sprinklers as long as staff follows up with the
requested documentation, but he does have a problem relative to the 1991 and
1994 amendments.
15
CITY OF ANAHEIM, C&LIFORNIA COUNCIL MINUTES DECEMBER 12, 1995
City Attorney White. He suggested that Council Member Tait then register a NO
vote on the Urgency Ordinance that relates to the Prior Amendments (Ordinance
No. 5537).
Council Member Tait agreed and registered a NO vote on the Urgency Ordinance
relating to Prior Amendments (Ordinance No. 5537).
MOTION. Council Member Zemel moved that the adoption of the ordinance and
resolutions are exempt under the California Environmental Quality Act (CEQA),
Section 15061(b)(3). Mayor Daly seconded the motion. MOTION CARRIED.
Mayor Daly offered Ordinance 5545 through 5547, both inclusive, for first
reading amending 5546 and 5547 deleting the section(s) relating to fire
sprinklers.
ORDINANCE NO. 5545 (INTRODUCTION) 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
EDITIONS OF THE UNIFORM BUILDING CODE, UNIFORM MECHANICAL CODE,
THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, THE
UNIFORM HOUSING CODE, THE UNIFORM PLUMBING CODE, THE UNIFORM SOLAR
ENERGY CODE, THE UNIFORM SWIMMING POOL~ SPA, AND HOT TUB CODE, AND
THE 1993 EDITION OF THE NATIONAL ELECTRICAL CODE.
ORDINANCE NO. 5546 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM
ADOPTING AMENDMENTS TO THE 1994 EDITIONS OF THE UNIFORM BUILDING CODE,
THE UNIFORM MECHANICAL CODE, AND THE 1993 EDITION OF THE NATIONAL
ELECTRICAL CODE. (PRIOR AMENDMENTS RECODIFIED)
ORDINANCE NO. 5547 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM ADOPTING AMENDMENTS TO THE 1994 EDITIONS OF THE UNIFORM
BUILDING CODE, THE UNIFORM MECHANICAL CODE, THE UNIFORM CODE FOR
THE ABATEMENT OF DANGEROUS BUILDINGS, THE UNIFORM HOUSING CODE,
THE UNIFORM PLUMBING CODE, THE UNIFORM SOLAR ENERGY CODE, THE
UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, AND THE 1993 EDITION
OF THE NATIONAL ELECTRICAL CODE~ 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
SUBSECTION 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 HAZ~RD REDUCTION
(NEW AMENDMENTS.)
City Attorney White. It ie an introduction of the ordinances with the changes
he read.
Mayor Daly offered Resolution Nos. 95R-200 and 95R-201, both inclusive for
adoption. Refer to Resolution Book.
RESOLUTION NO. 95R-200 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.
16
CTTY OF ANAHETH; CALTFORNIA COUNCIL HIHUTES DECEHBER X2; 1995
RESOLUTION NO. 95R-201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING A NEW SCHEDULE OF FEES FOR THE UNIFORM CODES PERTAINING
TO BUILDING AND CONSTRUCTION AND FOR CHAPTER 15.32 OF THE ANAHEIM
MUNICIPAL CODE - HOUSE MOVING.
Roll Call Vote on Resolution Nos. 95R-200 through 95R-201, both inclusive, for
adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS~
Tait, Zemel, Feldhaus, Lopez, Daly
None
None
The Mayor declared Resolution Nos. 95R-200 through 95R-201, both inclusive,
duly passed and adopted.
City Attorney White. On the Urgency Ordinances, the first would be as read
earlier in the meeting adopting the Uniform Code (Ordinance No. 5539), the
second, Prior Amendments (Ordinance 5540), as read earlier deleting 15.02.090
(.050-pg.2), and the third as read, New Amendments (Ordinance 5541), except
deleting .090 of 15.02.091, pg. 5.
City Attorney White announced that the balance of Ordinance 5540 (page 20 to
the end) would have to be read in full at this time since reading was not
completed earlier. (The balance of the Ordinance was then read in full at this
time - 7:40 to 8~05).
Mayor Daly offered Urgency Ordinance 5539 through 5541, both inclusive, for
adoption with the deletions as noted in Ordinance 5540 and 5541.
ORDINANCE NO. 5539 (URGENCY 4/STHS VOTE REQUIRED)
AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING EXISTING CHAPTER
15.02 AND ADDING AND ADDING NEW CHAPTER 15.02 TO TITLE 15 OF THE
ANAHEIM MUNICIPAL CODE ADOPTING THE 1994 EDITIONS OF THE UNIFORM
BUILDING CODE, THE UNIFORM MECHANICAL CODE , THE UNIFORM CODE FOR
THE ABATEMENT OF DANGEROUS BUILDINGS, THE UNIFORM HOUSING CODE,
THE UNIFORM PLUMBING CODE, THE UNIFORM SOLAR ENERGY CODE, THE
UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE AND THE 1993 EDITION
OF THE NATIONAL ELECTRICAL CODE: AND DECLARING THAT THIS ORDINANCE
IS AN EMERGENCY MEASURE WHICH SHALL TAKE IMMEDIATE EFFECT.
ORDINANCE NO. 5540 (URGENCY 4/STHS VOTE REQUIRED)
AN ORDINANCE OF THE CITY OF ANAHEIM ADOPTING AMENDMENTS TO THE
1994 EDITIONS OF THE UNIFORM BUILDING CODE, THE UNIFORM MECHANICAL
CODE, THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS,
THE UNIFORM HOUSING CODE, THE PLUMBING CODE, THE UNIFORM SOLAR
ENERGY CODE, THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, AND
THE 1993 EDITION OF THE NATIONAL ELECTRICAL CODE; AND DECLARING
THAT THIS ORDINANCE IS AN EMERGENCY MEASURE WHICH SHALL TAKE
IMMEDIATE EFFECT. (PRIOR AMENDMENTS RECODIFIED)
i7
CITY OF ANAHEIM; CALIFORNIA COUNCIL MINUTES DECEMBER 12; 1995
ORDINANCE NO. 5541 (URGENCY 4/STHS VOTE REQUIRED)
AN ORDINANCE OF THE CITY OF ANAHEIM ADOPTING AMENDMENTS TO THE
1994 EDITIONS OF THE UNIFORM BUILDING CODE, THE UNIFORM MECHANICAL
CODE, THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS,
THE UNIFORM HOUSING CODE, THE UNIFORM PLUMBING CODE, THE UNIFORM
SOLAR ENERGY CODE, THE UNIFORM SWIMMING POOL, SPA AND HOT TUB '
CODE, AND THE 1993 EDITION OF THE NATIONAL ELECTRICAL CODE;
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 SUBSECTION 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; AND DECLARING THAT THIS
ORDINANCE IS AN EMERGENCY MEASURE WHICH SHALL TAKE IMMEDIATE
EFFECT (NEW AMENDMENTS.)
~oll Call Vote on Ordinance Nos, 5539 through 5541, both inclusive, 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 Nos. 5539 through 5541, both inclusive, duly
passed and adopted.
D3. 179= CONTINUED PUBLIC HEARING - VARIANCE NO. 4041 AND NEGATIVE
OWNER: INTERVIROS TRUST AGREEMENT, C/O Jack and Nellie Levine, 320 Pine
Avenue, Long Beach, Ca 90802
AGENT: THE HOME DEPOT, Attn: Jim Lyons, The Home Depot, 601 South
Placen~ia Avenue, Fullerton, CA 92631; Tamera Schippers Santoni,
C/O Greenberg Farrow Architecture, 17941 Fitch Road, 2nd Floor, Irvine,
CA 92714
LOCATION= 2300 West Lincoln Avenue {The Home Depot). Property is
approximately 9.1 acres located on the south side of Lincoln Avenue and
located approximately 655 feet east of the centerline of Gilbert Street
and further described as 2300 West Lincoln Avenue (The Home Depot).
Petitioner requests modification or deletion of a condition of approval
pertaining to the limitation of time to permit outdoor storage and
display of materials.
ACT~0N TAKEN BY THE PLANNING COMMISSION:
Approved amendment to conditions of approval for Variance No. 4041
(PC95-119) (6 yes votes, 1 absent).
Negative Declaration previously approved.
HEARING SET ON= A review of the Planning Conunission's decision requested by
Council Members Zemel and Mayor Daly at the meeting of October 10, 1995, and
Public Hearing scheduled for November 14, 1995.
Public Hearing was continued from the meeting of November 14, 1995, Item D3 to
this date since no one was present representing Home Depot.
18
C~TY OF AN21LHE~ CALIFORNIA COUNCIL HINUTE8 DECEMBER ~2~ 2995
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - November 2, 1995.
Mailing to property owners within 300 feet - November 2, 1995.
Posting of property - November 3, 1995.
STAFF INPUT:
See staff report to the Planning Commission dated September 12, 1995.
Council Member Tait declared a conflict on this item and will, therefore,
abstain from discussion and voting.
Council Member Tait left the Council Chamber temporarily (8:13 p.m.).
Council Member Zemel. He restated his concerns (also see minutes of 11/14/95)
relating to the request for a time extension on outdoor storage from one year
to three years. The outdoor garden area still is a problem with regard to day
laborers trying to pick up work. The problem has caused other businesses in
the area to suffer. He feels the people in west Anaheim deserve better. He
has asked the Police Chief to work on this issue along with Code Enforcement.
A Police Sergeant was assigned to administer enforcement actions. If there
was no outdoor display and garden area, he believes the day laborers would not
be there. The two are tied together and it is incumbent upon Home Depot to
take aggressive action. If they are not going to do so, he does not believe
there should be a three-year time extension. He considers this the only
opportunity the City has for a "hook" to try to deter loitering in the area
and the reason he set the matter for.a hearing. He is not seeking to take away
outdoor storage or change the Planning Commission's other conditions - merely
the time period.
Joel Fick. This item pertains to outdoor storage on the west side of the
building. The original conditions of approval require annual review of the
permit. Home Depot has requested a three-year period of time to expire August
24, 1998.
Mayor Daly opened the Public Hearing.
Ken Gustafson, Home Depot - District Loss Prevention Manager, 2782 E1 Camino
Real, Tustin, CA 92680. He noted first there was a miscommunication
originally. They were not aware that they were on the agenda on November 14
and for that reason no one was present. The day laborers are a serious issue
to them. It is not so much the business that attracts the day laborers, but
the customers that come to Home Depot. He then outlined what Home Depot has
done to address the problem. Home Depot has worked with the Police Department
and Code Enforcement, they hand out flyers from the City in Spanish and
English, and they have posted the parking lot area with the applicable Anaheim
Municipal Code Section. The efforts did not have much effect so they went to
the next level and had the curb painted red out front and hired a uniformed
guard. When a contractor comes on to the lot, they give them a flyer
informing them they are violating the City law if they pick up day laborers
and Home Depot will not permit them to be on the property to do so. They'
record license numbers and other information advising that any additional
activity will be a matter for the Police.. They are also working with Code
Enforcement and if a vehicle stops in the red zone, Code Enforcement will now
address that issue. The activity has been cut in half since employment of the
uniformed guard. These measures have been in place for over two weeks. With
Home Depot and the City working together, he feels they can resolve the issue.
19
CITY OF ~NAHEIMv CALIFORNIA COUNCIL MINUTES DECEMBER 12v 1995
Council Member Zemel asked if there was a written policy relative to
monitoring the situation~ Mr. Gustafson answered, not a written policy.
Attorneys are working within the State to get legislation to assist businesses
with these issues. They are at the point where it may be necessary to take
steps as a private citizen and place the perpetrators under arrest. They hope
it does not come to that.
Council Member Zemel. The types of things they are doing make for good
neighbors. He asked if Mr. Gustafson was opposed to continuing the efforts
with the City and, if not, did he have a problem leaving the one-year limit so
the City could look at the situation again next August. If there is a written
agreement and it is positive, they can go forward.
Ken Gustafson. They wanted to do it in steps. John Poole and the Police
Department have been very cooperative and supportive. Home Depot has budgeted
a guard for next year. He is speaking only in regard to the daily issue. He
can commit that they will have a'guard on the premises and that the guard is
budgeted.
John Poole. There was a communication problem but once they got Home Depot on
board, they gave the problem their full effort. Also, Traffic Engineering
painted the.curbs red along Lincoln and potential employers now cannot stop
and pick up "employees". The Police Department has started citing vehicles
that stop and with Home Depot not permitting the day laborers to stay on the
private property should help rectify the situation.
Council Member Zemel. He would like .Home Depot to volunteer either the one
year or that conditions be placed on the permit, specifically that there be a
guard on the premises and then to discuss the matter when the year is up. He
is going to ask Home Depot to do that.
Greg Hunko, Home Depot, Store Manager, 2300 W. Lincoln Ave., Anaheim, CA
92801. Relative to the issue of one year vs. three years, the only difficulty
is the amount of turnover they have within the company. He was at the store
for three months before it became an issue and he did not even know about it.
There might be management people that have no involvement. That is the only
issue with one year rather than three.
Council Member Zemel. He assumed Mr. Hunko would then prefer placing
conditions on the variance to have a guard five hours a day, seven days a
week.
Greg Hunko. If that is the choice, one year vs. three, he would prefer the
one year rather than impoging additional conditiong.
Mayor Daly. What he would like to see is some type of continuity. If there
is going to be turnover, there should be documentation within the company that
there is a commitment to resolve the issue regardless of the store management.
Greg Hunko. He will commit to that. It will be a directive for all Home
Depots and it will be followed up~ Mr. Gustafson also confirmed that the
security guard is budgeted for 1996.
Council Member Zemel. He proposed accepting the Planning Commission decision
with the exception of the time limitation and that the permit would come back
to the Council one year from today. He offered a resolution approving an
amendment to certain conditions of approval of Variance 4041.
20
C~TY OF ~,HE?M, CAL~FORN?A COUNCIL M~'NUTES DECEMBER :1.2, :1.995
Council Member Lopez. He is in favor of leaving the three-year limit on the
variance as approved by the Planning Co~mission. He feels Home Depot is doing
everything possible to correct the situation.
MOTION. Council Member Lopez moved to amend the proposed resolution offered
by Council Member Zemel changing the time limit to three years as approved by
the Planning Commission. Mayor Daly seconded the motion.
Council Member Zemel. He has been working on this matter for a year. A
Police Sergeant has been assigned to administer the enforcement actions to get
their attention. John Poole has spent an inordinate amount of time on the
issue and after 12 months, two weeks before the Public Hearing, Home Depot has
hired a security guard. Management has said they might not even be at the
store next year but they have budgeted for the guard. He feels this is not
good enough. He personally has a commitment to west Anaheim to those types
of complaints. He believes the efforts they are putting forth if followed
through will curb the problem and make it manageable. He has seen nothing
(except for two weeks of effort) that would indicate that they deserve a
three-year extension. He would like to have a check point of one year.
Council Member Feldhaus. He was on the Planning Commission when Home Depot
moved in and then the Council. One person has complained to him about the day
laborers. Council Member Zemel has been working on the matter for one year
and has heard from numerous people. He (Feldhaus) does not know why he has
not heard from those people as well. He is as concerned over the issue. The
day laborers have moved from the front of the business further to the east at
the driveway entrance. There are less of them but now they are on the public
sidewalk. Code Enforcement has reported that the curb is painted red and they
will have further help to eliminate the problem. He feels Home Depot has done
as much as they can ask.
Mayor Daly. Based on the commitment by the representatives of Home Depot and
with the commitment on the record, he believes that is sufficient.
Council Member Zemel. If the one year is not satisfactory, he will amend the
resolution that the commitment Home Depot made be a condition as opposed to a
promise. He asked if there was any support for that recommendation~ there was
none. He then expressed his concern that the Council gives lip service to the
problems in west Anaheim but when the time comes to do something, they don't
do it.
MOTION. Council Member Zemel moved to amend the motion that the Council
impose that the commitment Home Depot'made be a condition of the variance as
opposed to a promise. The motion died for lack of a second.
A vote was then taken on the original motion amending the proposed resolution
that the three-year limit as approved by the Planning Commission be upheld.
Ayes= Lopez, Feldhaus, Daly. No: Zemel. Abstained (and temporarily absent),
Tait. MOTION CARRIED.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Mayor Daly,
seconded by Council Member Feldhaus, 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
21
CITY OF ANAHEIM: CALIFORNIA COUNCIL MINUTES DECEMBER 12, 1995
effect on the environment. MOTION CARRIED. Council Member Tait temporarily
absent.
Mayor Daly offered Resolution No. 95R-202 for adoption. Refer to Resolution
Book.
RESOLUTION NO. 95R-202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN
VARIANCE NO. 4041.
Rol! Cml1 Vote on Resolution No. 95R-202 for adootion~
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: Zemel
ABSENT~ MAYOR/COUNCIL MEMBERS: Tait (temporarily absent)
The Mayor declared Resolution No. 95R-202 duly passed and adopted.
Council Member Tait entered the Council Chamber (8:47).
D4.
~79: PuB~xc HEARINO - CONDXTXONAL USE PERMIT NO. 103
CATEGORICALLY EXEMPTr CLASS 2Is
OWNER= 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).
Informational item at the meeting of November 7, 1995, Item Bt.
HEARING SET ON: A letter of appeal of the Planning Commission's decision was
submitted by the owners, Henry and Sbu I Kuo and Public Hearing scheduled this
date.
PUBLIC NOTICE REOUIREMENTS MET BY=
Publication in Anaheim Bulletin - November 30, 1995.
Mailing to property owners within 300 feet - November 17, 1995.
Posting of property - November 23, 1995.
22
CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES DECEMBER 12~ 1995
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated October 16, 1995.
Joel Fick, Planning Director. The Planning Commission held an extensive
Public Hearing on this item. The City Council has been provided with copies
of the staff report, minutes and resolution. Staff recommends those be
incorporated by reference. Staff has had discussions with the appellant
concerning the areas of concern in the Planning Commission resolution. They
are two fold and both items have been reviewed by Code Enforcement staff and
the Police Department and staff is in concurrence with the applicant's request
on the two items. He also summarized in the Planning Commission resolution
the new conditions that were attached by the Planning Commission. Relative to
Condition No. 8, the applicant is requesting that it say 12 consecutive hours
instead of 24. That language would be consistent with similar permits in the
area. Staff is in concurrence with that. Secondly, Condition No. 17 requires
all conditions be in effect and acted upon immediately. The applicant has
requested that Condition 6 only be given 60 days for a response. That is the
condition pertaining to on-site security. The property owner is talking with
neighboring property owners and trying to work out a joint security proposal.
Staff is amenable to that recommendation as well.
Mayor Daly opened the Public Hearing.
Mr. Harry Kuo, Owner, 500 S. Beach Blvd., Anaheim. He confirmed for the Mayor
that he is comfortable and agreeable to what the Planning Director said. In
general, he agrees to the conditions but relative to Condition 6, he is asking
if there is any possibility, to give them a time limit. The condition says
the security guard shall remain on duty as required and determined to be
appropriate by the Anaheim Police Department.
Mayor Daly. He asked if the Council this evening had the option to cancel the
C.U.P. in its entirety. Currently, the condition for the security guard is to
expire some time in the future.
City Attorney White. He believes the answer is yes but would like to have the
opportunity to check the legal notice.
Mayor Daly. He asked for clarification that Mr. Kuo is suggesting that at
some point in the future, the Police Department would simply advise that the
security guard was no longer necessary~ Mr. Kuo answered yes.
Joel Fick. This is a new request for the Council. The language presently in
the condition is consistent with the language adopted in the other
applications which is an alternative to cancellation of the permit. The
condition would require the security guard to be there. At 8ome point in time
should it be demonstrated that is not necessary, the applicant or staff could
initiate a request.
Mayor Daly. There is a procedure for removing that requirement at a later
date, either at the applicant's ~equest or by staff.
Mr. Kuo stated that is fine but'he would still prefer a time limit.
City Attorney White. The legal notice would allow the City Council to review
the entire permit if they choose to do that based upon the evidence. In
response to Mr. Kuo's comment, he can always come back and ask for a
23
CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTES DECEMBER 12~ 1995
modification if he can demonstrate it is reasonable to eliminate that
condition at a later time.
Mayor Daly closed the Public Hearing.
ENVIRO_._NMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION~ On motion by Council
Member Lopez, seconded by Mayor Daly, the City Council determined that the
proposed activity falls within the definition of Section 3.01 Class 21, of the
City of Anaheim guidelines to the requirements for an Environmental.Impact
Report and is, therefore, categorically exempt from the requirement to file an
EIR. MOTION CARRIED.
Council Member Lopez offered Resolution No. 95R-203 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 95R-203 A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY
COUNCIL APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN
CONDITIONAL USE PERMIT NO. 103 AND AMENDING RESOLUTION NO. 192, SERIES
1960-1
Koll Call Vote on Resolution No. 95R-203 for adoption:
AYES=
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
Tait, Zemel, Feldhaus, Lopez, DalY
None
None
The Mayor declared Resolution No. 95R-203 duly passed and adopted.
Cl. REPORT ON CLOSED SESSION ACTIONS:
City Attorney Jack White stated that there are no actions to report.
C2. COUNCIL COMMENTS:
There were no comments.
ADJOURNMENTs By general Council consent, the meeting of December 12, 1995 was
adjourned (8=58 p.m.)
LEONORA N. SOHL
CITY CLERK
24