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1995/12/19C~TY OF ~NAHE~H~ CALiFORNiA COUNCIL H~NUTES DECF.~BER ~9~ ~995 The City Council of the City of Anaheim met in regular session. PRESENT: PRESENT: ABSENT: PRESENT: MAYOR: Tom Daly COUNCIL MEMBERS: Tom Tait, Bob Zemel, Frank Feldhaus, Lou Lopez COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann M. Sauvageau POLICE CHIEF: Randall Gaston EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich UTILITIES GENERAL MANAGER: Edward Aghjayan UTILITIES ASSISTANT GENERAL MANAGER-FIN. & ADMIN.: Mike Bell PLANNING DIRECTOR: Joel Fick TRAFFIC AND TRANSPORTATION MANAGER: John Lower ZONING DIVISION MANAGER: Greg Hastings A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:13 p.m. on December 15, 1995 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the workshop portion of the meeting of 12/19/95 to order at 3:18 p.m. and welcomed those in attendance to the meeting. City Manager~ James Ruth. Staff is pleased to present for Council's consideration a presentation on the City's Economic Development Strategy. Staff over the past several months has been working diligently putting a strategy together that will take the City beyond the year 2000. He introduced Lisa Stipkovich, the Executive Director of Community Development who will make the presentation along with members of her staff. 161: ECONOMIC DEVELOPMENT STRATEGY - 1995-2000: Lisa Stipkovich, Executive Director of Community Development. She first introduced the City's new Economic Development Manager, Gay Forbe to the Council. She then referred to the booth display set up for the Council's viewing which is used at conferences and workshops on the City's Economic Development Program. (Also submitted were the following documents: (1) The City of Anaheim - Economic Development Strategy 1995-2000 dated December, 1995 by Cunningham & Associates~ (2) packet of marketing brochures used at workshops/seminars~ (3) Economic Develol~nent Strategy - 1995-2000 which were hard copies of the slide presentation given. CITY OF ANAHEIM, CALIFORNI~ COUNCIL MINUTES DECEMBER 19, 1995 Mrs. Stipkovich then introduced Mr. Hank Cunningham, Consultant, who worked with staff on the strategy and who had previous discussions with Council Members. The Economic Development Strategy before the Council today is coordinating all of that input. Mr. Hank Cunningham, Cunningham & Associates. It was a pleasure for him to be present today and to have served as Economic Development Consultant for the City for much of the 1995 calendar year. He then gave a slide presentation, hard copies of which were submitted (Economic Development Strategy - 1995- 2000). Topics covered were - goals and objectives, the 1990 Strategy and measurements of success and accomplishments including s~ecific success stories, Anaheim's strategic attributes, and existing areas of excellence. (Council Member Feldhaus entered the Council Chamber - 3=30 P.M.) Lisa Stipkovich, Executive Director of Community Develolanent. Continuing with the slide presentation, topics covered by Mrs. Stipkovich - 1995-2000 Strategy -additional programs, BIZ, "Business Incentive Zone", the Canyon Business Center, Anaheim Redevelopment Agency Alpha Project Tax Increment History, Commercial Boulevards Program, expansion of the Small Business Program, new area of excellence (telecommunications/information technology sector), digital telecommunications system, fiber optics route. She noted that Mr. Aghjayan, Public Utilities Director and his staff are present to answer any questions relative to the telecommunications program. Mrs. Stipkovich concluded with a slide listing the new programs started and those they would like to start in this fiscal year. She also referred to the Rating Form submitted (Rating Form - Economic Development Criteria for Financial Assistance) prepared with the help of Mr. Cunningham indicating what staff feels the criteria are in asking for policy direction. She also asked if the Council would like staff to use that form or modify it in any way. Mayor Daly. He noted .that the five-year plan was submitted in the material presented which goes into more details. It is clear that the plan will build on the recent successes of the City's Economic Development Strategies. He noted that the plan is on the regular agenda today for action under both the Redevelolanent Agency and the City Council. Questions followed by Council Members which were answered by Mrs. Stipkovich and Mr. Aghjayan. Council Member Tait suggested that staff include among Anaheim's strategic attributes its freeway frontage/access points and its abundant water supply so that the City is not as dependent on the Metropolitan Water District (MWD) as are other cities~ Mrs. Stipkovich. Those can be added to their slide presentation. She agrees those are two additional pluses. Mayor Daly and Council Members thanked staff and Mr. Cunningham for the informative presentation. City Manager Ruth. Kristine Thalman, the City's Intergovernmental Relations Officer will review with the City Council the feasibility of the proposed COG (Council of Governments), a regional planning council. The League of California Cities has been working on the proposal for several months. The presentation today is to give an overview, possibly forming the council in Orange County and hopefully getting the City Council's support at the January 9, 1996 Council meeting. 2 CITY OF I~T/~EIMv C~LIFORNIA COUNCIL MINUTES DECEMBER 19v 1995 148: FOmGTION OF a~ o~o~ co~ COUXCIL OF GOVFJU~S ¢COO) - CJLT, IFORNI& LFJtGUB OF CITIES: KriBtine Thalman, Intergovernmental Relations Officer. They are honored today to have Lorenne Cook, President, Orange County Division, Leacjue of California Cities present along with League staff members, Dar¥1 Halle, Director of Legislation and Policy Development and also Rick Bishop, Consultant to give a presentation on what the League will be considering at their January 11, 1996 meeting. The matter will be coming before the City Council at the January 9, 1996 Council Meeting with a recon~nendation from staff. (Also see Mrs. Thalman's report of December 13, 1995 attached to which was a League staff report providing an overview of the proposed formation of a regional COG along with a copy of a proposed resolution for adoption at the League meeting.) Lorenne Cook, President, Orange County Division, League of California Cities and Chairperson of RAPCY (Regional Planning and Advisory Council). She first explained the purpose of being before the Council today. There is a resolution recommended by the Executive Steering Committee and approved by the Resolutions Committee relative to the forming of a Council of Governments. On January 11, 1996, this issue will be before the League of Cities. They feel now is the time for a COG considering everything that has happened in the past year. Two members of League staff are present and they have been very diligent in giving this presentation to as many cities in the County as possible. Rick Bishop, Consultant (hired by the League). Mr. Bishop gave the slide presentation, hard copies of which were submitted (see -- Orange County's Regional Planning Efforts - Establishing a County-Wide Consensus-Building Mechanism). Major topics covered - an historical overview, recent activities/developments, proposed Council of Governments functions and benefits. Mr. Daryl Halls, Director of Legislation and Policy Development. He briefed the timeframe for implementation of the program and outlined the next steps to be taken. Lorenne Cook. In summary, she stated a COG has been proposed and the Council has been presented with the history of what it is about. She emphasized there will possibly never be a greater need or better time than now to look at the benefits for the cities. They will be pleased to answer any questions but if ti~e is short, included in the documents is a question and answer sheet (submitted as part of the presentation) answering a range of topics con~nonly raised during discussions about the convening of an association of governments. Questions were then posed by Mayor Daly and Council Members which were answered by the three League representatives present. Mayor Daly thanked staff and especially Ms. Cook and her staff for the informative and in-depth 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. C~TY OF ANAHE~ CALiFORNiA COUNCIL H~NUTE8 DECEMBER Lg~ L995 The following items are to be considered at the Closed Session: CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATIONs N~me of cases In re: County of Orange, Debtor, U.S. Bankruptcy Court, Central District Case No. SA 94-22272. 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. 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. Se CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION Name of Cases Noble, et al. v. State College Medical Center, et al., Orange County Superior Court Case No. 75-15-95. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION Name of Cases City of Anaheim v. Patel, et al., Orange County Superior Court Case No. 69-58-49 CONFERENCE WITH LABOR NEGOTIATOR Agency negotiators 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 LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956: one potential case. 0 LIABILITY CLAIMS Claimants= Nancy Cronin, Steve Downey Agency claimed against: City of Anaheim RECESS: Mayor Daly moved to recess into Closed Session. Council Member Zemel seconded the motion. MOTION CARRIED. (4:28 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.). (5:50 CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTEH DECEMBER Lg~ ~995 INVOCATION: Pastor, Bryan Crow Garden Church, gave the invocation. FLAG SALUTE: Council Member Lou Lopez led the assembly in the Pledge of Allegiance to the Flag. 119~ pRES_~.a~ION - ~_~_NITION OF !.t~DBRS AND GRADUATES - FIRE DEPARTMENT'S CO~3N____ITY EMERGENC~ RESPONSE TEAM (CERT~ Mr. Bob Berg, Emergency Services Specialist noted that this is the first graduating class of the City's CERT program. He then explained what the program entails. The people being honored today have completed the entire nine-month course and will know how to help the City should a disaster occur. He then introduced and recognized the following people for the time and effort they have given in the past year, noting that the City needs more volunteer involvement in the program. Anyone who is interested in joining the group can call his office. ROBERT BUSS TONY COLE CARSON DAVIS ARTHUR ENG SANDRA FORE-ENG NEAL ODOM IV PAMELA RENNIE CURTIS STRICKER GEISHELA MARTINSON Each of the graduates received a Flying #A" Certificate. Special recognition was given to the leaders/organizers of the program -Irv Creger and Carol Piontkowski. Mayor Daly and Council. Members personally congratulated the leaders and graduates. FINANCIAL DEMANDS aGAINST THE CITY in the amount of $4,263,113.41 for the period ending December 15, 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. (6:01 p.m.) Mayor Daly reconvened the City Council meeting. (6:08 p.m.) ADDITIONS TO THE AGENDA: City Attorney White. He is requesting an addition to the Council agenda of a resolution accepting a deed from Anaheim Stadium Associates for property interest in Anaheim Stadium. The deed is ready to record tomorrow. This item was unable to be agendized and posted in accordance with the provisions of the Brown Act since the matter arose just today. MOTION. Mayor Daly moved to waive the 72-hr. posting provision of the Brown Act adding Item A29b. to the Council Consent Calendar since the matter arose after the agenda was posted. Council Member Zemel seconded the motion. MOTION CARRIED. CITY OF ~N~HEI~ CALIFORNIA COUNCIL ~INUTE8 DECEMBER Lg~ L995 ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. PUBLIC COMMENTS - AGENDA ITEMS: Public input was received on agenda Items A15 and A25. those items. See discussion under MOTION~ Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of December 19, 1995. Council Member Tait seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT C~LENDAR= on motion by Mayor Daly, seconded by Council Member Tait, 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-204 through 95R-208, both inclusive, for adoption and offered Ordinance No. 5548 for adoption. Refer to Resolution/Ordinance Book. Al. 118: Rejecting and/or denying certain claims filed against the City. The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: A2. a. Claim submitted by David M. Carder for property damage sustained purportedly due to actions of the City on or about October 7, 1995. b. Claim submitted by Nancy Cronin (Downey and Steve Downey c/o Jeffrey A. Lowry for bodily injury sustained purportedly due to actions of the City on or about May 17, 1995. c. Claim submitted by Angelina Trinidad for bodily injury sustained purportedly due to actions of the City on or about April 27, 1995. d. Claim submitted by Kathleen Berry for property damage sustained purportedly due to actions of the City on or about November 1, 1995. e. Claim submitted by Katie Kalra for property damage sustained purportedly due to actions of the City on or about November 1, 1995. 105: Receiving and filing minutes of the Community Redevelopment Commission meetings held November 8, 1995, and November 22, 1995. 105: Receiving and filing minutes of the Budget Advisory Commission meeting held October 18, 1995. 117: Receiving and filing a Summary of Investment Transactions for November, 1995, as submitted by the City Treasurer. 140: Receiving and filing the Anaheim Public Library Monthly Statistical Report for the months of October 1995 and November 1995. C~TY OF AN~E~H~ CALIFORNIA COUNCIL HINUTE8 DECEMBER Lg~ L995 A3. 151~ ORDINANCE NO. 5548 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. (Introduced at the meeting of December 12, 1995, Item A3.) A4. 170: Approving the Final Map of Tract No. 14702, and the Subdivision Agreement with Town Square Investments, Inc. Tract No. 14702 is located at the north side of Folsom Street, south of Southern Pacific Transportation Company right-of-way and the northerly end of Dallas Drive, and is filed in conjunction with Reclassification No. 92-93-01 and Variance No. 4194. AS. 160: Accepting the low bid of Western Utilities Transformer Service, in the amount of $29,950 for the repair of a 5,000 K.V.A. padmount transformer for Disneyland's Substation 10B, in accordance with Bid $5482. A6. 160: Accepting the low bid, and authorizing the execution of a Contract with Master Landscape and Maintenance, in an amount not to exceed $31,535 for a two year period with three one-year optional extensions for landscape maintenance at the Police Department Headquarters, in accordance with Bid $5469. A7. 160: Accepting the low bid of Rose Environmental Services, in an amount not to exceed $48,290 for the removal of one underground fuel tank, the installation of one above ground fuel tank and the possible removal of contaminated soil, in accordance with Bid ~5468. AS. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a Purchase Order to Fargo Manufacturing, in an amount not to exceed $60,000 for ten types of aluminum and bronze connectors for Warehouse inventory stock. Ag. 117: Approving the 1996 Investment Policy as submitted by the City Treasurer. Council Member Zemel. Last year after the County bankruptcy, the Council formed an Investment Policy Review Committee. This is the first City committee requiring strict qualifications to be a member. The entire committee has signed off on the Investment Policy that the City Treasurer has put together. He feels this is a real positive for the citizens, residents, and those who have businesses in Anaheim. AiO. 123: Approving the federally-funded FY 1995-96 Emergency Shelter Grant Agreement with Interval House, in the amount of $18,400. All. 123: Approving the federally-funded FY 1995-96 Emergency Shelter Grant Agreement with Women's Transitional Living Center, in the amount of $20,000. A12. 123: Approving the federally-funded FY 1995-96 Emergency Shelter Grant Agreement with Orange County Association for Mental Health, in the amount of $20,000. A13. 123: Approving the federally-funded FY 1995-96 Emergency Shelter Grant Agreement with Anaheim Interfaith Shelter, in the amount of $40,000. CITY OF AN~E~ CALiFORNiA COUNCIL ~NUTE8 DECEMBER LJ~ L995 A14 · 123~ Approving an Affordable Housing Agreement with Town Square Investments; and authorizing the Executive Director of Community Development to execute said Agreement. AlS. 123= Certifying that the Council has reviewed and considered the Negative Declaration for the project, previously approved by the City; and approving the O~ner Participation Agreement by and among Sundor Brands, Inc., a Proctor & Gamble Company, and the Anaheim Redevelolanent Agency and the City of Anaheim, and authorizing the Executive Director of the Agency and the Public Utilities General Manager to execute said Agreement. Mr. Phil Knypstra, 2S20 Gelid, Anaheim. He has concerns and two major issues with the proposal -- (1) the cost-benefit analysis and, (2) the fairness and equity aspect. He further briefed his concerns. Lisa Stipkovich, Executive Director of Community Development then gave more detail on how the need for assistance from the City arose and what the alternative might have been as requested by the Mayor. Ed Aghjayan, Public Utilities Director also explained how the Utilities Department was involved relating to the Economic Development rate. Utilities offers a discounted service to customers who are expanding or relocating in Anaheim. That rate is also available to current customers who wish to expand. A16. 1132 RESOLUTION NO. 95R-204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of records no longer needed in the JTPA Division of the Community Development Department. A17. 175= Approving the City Park Irrigation Modernization Project (Park Project) for 20 city parks and 46 landscaped parkways and median islands, and provide water audits of each park. 123: Approving Letter Agreement No. 4096 between the Metropolitan Water District of Southern California and the City of Anaheim that provides 90 percent funding for the Parks Project, and authorizing the Public Utilities General Manager to execute said Agreement and related documents on behalf of the City. A18. 113: RESOLUTION NO. 95R-205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN 100 DAYS OLD. (UTILITIES CONTROL CENTER VOICE RECORDING TAPES $1001 THROUGH ~1179.) A19. 123= Approving Caltrans Utility Agreement No. 12261 for Segment E to remove and relocate electrical facilities for the I-5 Freeway widening project. A20. 175= RESOLUTION NO. 95R-206 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE RATES, RULES AND REGULATIONS RULE NO. 17 FOR THE SALE AND DISTRIBUTION OF ELECTRICITY AND WATER. Council Member Feldhaus posed questions asking if it would not be possible to allow the customer to continue making current payments rather than back billing them; Mike Bell, Utilities Assistant General Manager-Finance & Administration answered the questions posed and Mr. Aghjayan confirmed that it was not the intention of the Utilities Department to back bill the 75 customers involved. 8 CITY OF ~IqAHE~X~ C~LIFORNI& COUNCIL KINUTE8 DECF, HBER ~9~ ~995 175: RESOLUTION NO. 95R-207 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RULE 19 OF THE ELECTRIC RATES, RULES AND REGULATIONS TO CHANGE THE RATE STABILIZATION ACCOUNT RATE FROM 1.204 CENTS PER KILOWATT-HOUR (KWH) TO .6143 CENTS PER KWH, EFFECTIVE JANUARY 2, 1996. A22. 123: Approving an Agreement with DEL Engineering for the maintenance of the Stadium's Scoreboard and the Stadium and Convention Center Matrix Board Systems, at a monthly cost of $3,750. A23. 123: Approving a Standard Telephone Services Order Agreement and authorizing the Stadium/Convention Center General Manager to execute said Agreements for the provision of telephone services for tenants in the office space complex at the Gate 6 Annex at Anaheim Stadium; and approving the telephone rates for FY 95/96. A24. 139: Approving the 1996 Federal and State Legislative Strategy and forwarding the approved strategy to Anaheim's State and Federal legislative delegation in Washington, D. C. and Sacramento. A2 5. 160: Approving (a) the replacement purchase of a Police Department helicopter, in the amount of $1,015,000; and (b) an increase in the Police Department FY 95/96 budget of $905,000. Jeff Kirsch, 2661 W. Palais. He posed questions basically asking what the benefits of this proposal are vs. the investment which were subsequently answered by City Manager Ruth and Police Chief Randall Gaston relative to the cost effectiveness and the need. A26. 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. A27. 175: Authorizing the City Attorney to sign the Stipulation providing assurances of adequate future payment for utility services provided to Baldwin Builders and to sign any other documents, other than approval of final settlement or distribution of proceeds relating to this bankruptcy (Case Nos. ND 95-13057RR and ND 95-103058RR). A28. 123: Approving a First Amendment to Agreement with Artistic Maintenance, Inc., in an amount not to exceed $112,407 for landscaping services at 76 various Anaheim locations, in accordance with Bid ~5213. A29. 161: Approving the Economic Development Strategy 1995-2000 summary report which provides direction for the business attraction, retention, and marketing efforts for the City during the next five years. (See Item A29.) A29a. 114: Approving minutes of the Anaheim City Council meeting held November 14, 1995, and the Special Meeting held December 5, 1995. A29b. 158: RESOLUTION NO. 95R-208 A RESOLUTION OF THE CITy COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A DEED FROM ANAHEIM STADIUM ASSOCIATES. CITY OF ANAHEIMv CALIFORNI~ COUNCIL MINUTES DECEMBER 19, 1995 Roll Call Vote on Resolution Nos. 95R-204 through 95R-208, 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-204 through 95R-208, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance No. 5548, for adoptionz AYES~ NOES: ABSENT: MAYOR/COUNCIL MEMBERS~ MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: Tiat, Zemel, Feldhaus, Lopez, Daly None None The Mayor declared Ordinance No. 5548, duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. A30. 107: ADOPTION OF 1994 UNIFORM FIRE CODE ORDINANCES - ORDINANCE 5542t 5543 AND 5544~ Mayor Daly offered Ordinance 5542 through 5544, both inclusive, for adoption. Refer to Ordinance Book. a) ORDINANCE NO. 5542 AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING EXISTING CHAPTER 16.08 AND ADDING MEW CHAPTER 16.08 TO TITLE 16 OF THE ANAHEIM MUNICIPAL CODE, ADOPTING THE UNIFORM FIRE CODE, 1994 EDITION. (Introduced at the meeting of 12/12/95, Item Di.) b) ORDINANCE NO. 5543 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.) (Introduced at the meeting of 12/12/95, Item D1.) Council Member Tait stated on this Ordinance (5543), he is convinced there are a few amendments which he feels should be included and for that reason he is going to vote no as he did previously on the Urgency Ordinance. (See minutes of December 12, 1995. c) ORDINANCE NO. 5544 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.) (Introduced at the meeting of 12/12/95, Item D1.) 10 CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTE8 DECEMBER 19, 1995 ~oll Call Vote on Ordinance Nos. 5542 and 5544, 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. 5542 and 5544, duly passed and adopted. Roll Call Vote on Ordinance No. 5543, for adoptions AYES: MAYOR/COUNCIL MEMBERS: Zemel, Feldhaus, Daly NOES= MAYOR/COUNCIL MEMBERS: Tait, Lopez ABSENT~ MAYOR/COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5543, duly passed and adopted. A31. ~07~ ADOPTION OF 1993 AND 1994 EDITIONS OF THE UNIFORM CODES - ORDINANCE 5545. 5546 AND 5547~ Mayor Daly offered Ordinance 5545 through 5547, both inclusive, for adoption. Refer to Ordinance Book. a) ORDINANCE NO. 5545 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. (Introduced at the meeting of 12/12/95, Item D2.) b) ORDINANCE NO. 5546 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 HECODIFIED). (Introduced at the meeting of 12/12/95, Item D2.) C) ORDINANCE NO. 5547 AN ORDINANCE OF THE CITY OF ANAHEIM ADOPTING ~ENDMENTS 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 (NEW AMENDMENTS.) (Introduced at the meeting of 12/12/95, Item D2.) Roll Call Vote on Ordinance Nos. 5545 through 5547, both inclusive, for adoption: 11 CTTY OF ANAHETM; CALTFORNTA COUNCTL MTNUTE8 DECEMBER 19; 1995 AYES: NOES: ABSENT= MAYOR/COUNCIL MEMBERS= MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS= Tait, Zemel, Feldhaus, Lopez, Daly None None The Mayor declared Ordinance Nos. 5545 through 5547, both inclusive, duly passed and adopted. ITEMS BI - BI0 FROM THE PLANNINO COJO(ISSION MEETING OF NOVEMBER 27, ~995 INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 19. 1995 B1. 179~ WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3784 AND NEGATIVE DECLARATION= OWNER: JEFFREY GRADLOW, 10577 Wilkins Avenue, Los Angeles, CA 90024 AGENTs GENE MITCHELL, 624 S. Grand Avenue, ~900, Los Angeles, CA 90017 LOCATION= 2929 West Ball Road. Property is approximately 1.36 acres located on the north side of Ball Road and approximately 130 feet west of the centerline of Gaymont Drive. To permit an 80-foot high cellular communications tower with waiver of minimum structural setback (deleted). ACTION TAKEN BY THE PLANNING COMMISSION= WITHDRAWN by the applicant (5 yes votes, 2 absent). Council Member Feldhaus. He asked the status of the map to be submitted to the Council with overlays of existing and proposed cell sites in the City. Joel Fick, Planning Director. Staff has been working actively with all providers. Staff has done site visits on some of the pending applications and are close to finalizing an overall master plan of sites to present to the Planning Commission and Council. On this particular application, because there were some concerns, the applicant withdrew. B2. ~79= WAZVER OF CODE REOUZREMENT - CONDZTZONAL USE PERMIT NO. 3785 AND NEGATIVE DECLARATION= OWNER: LEMON PARTNERS, 1150 N. Lemon Street, Anaheim, CA, 92805 AGENT: HANAN STANLEY/SUNWEST METALS, INC., 1874 S. Anaheim Blvd., Anaheim, CA 92805; JEFF FARANO, 2100 S. State College Blvd., Anaheim, CA 92605 LOCATION= 1150 North Lemon Street. Property is approximately 1.5 acres located on the east side of Lemon Street and located approximately 900 feet north of the centerline of La Palma Avenue. To permit a large collection and recycling facility with waivers of (a) permitted roof signs (deleted), and (b) minimum number of parking spaces (deleted). ACTION TAKEN BY THE PLANNING COMMISSION= CUP NO. 3785 GRANTED, IN PART, waivers (a) and (b) deleted (PC95-154) (5 yes votes, 2 absent). No action on waiver of code requirement on the basis that the waivers were deleted following public notification. Approved Negative Declaration. 12 C~TY OF 2t~%HE~ C~L~FORN~ COUNCIL M~NUTE8 DECEI~BER ~9~ L995 Council Member Lopez. He asked what kind of recycling would be involved noting that this is across the street from the Probation Department and near Carl Karcher Enterprises. Greg Hastings, Zoning Division Manager. This is actually a relocation of Sunwest Metals without increasing what they do and have done at the other location, i.e., recycling of glass, paper, household type recyclables, etc., but no hazardous waste. There is a building on the front of the property which would screen what is going on in the back side of the property. It is across the street from a small office complex and around the corner from Carl Karcher Enterprises. Council Member Lopez. That is his concern. He feels they are trying to beautify certain areas and this proposal does not fit in with what they are trying to do. He would like to set the matter for a hearing. Council Member Zemel. Before possibly doing so, knowing something about the property, it borders Anaheim-Fullerton Towing Company. There are also like uses in the area. Staff has already recommended this be approved conditionally. Greg Hastings then gave additional details of the proposal~ Council Member Zemel. Sunwest has been located in Anaheim for some time. This has been part of the overall plan of trying to keep businesses in the City. He asked about the City's relationship with Sunwest at the other location. Greg Hastings. At one time, there has been Code Enforcement action, but it is staff's understanding that in the last two years there have been no complaints. Council Member Zemel. He is aware that in order for Sunwest to make this move, the business had to apply for financing in order to complete it because it is a larger area. -The company needs to know whether it is going in or not. They are being relocated because of the I-5 project. He does not want to have the Council unjustly use their power to have a hearing just to have a hearing. They are trying to keep businesses in the City and he believes it is the only place in the City where Sunwest can relocate. The company is liable to relocate outside the City if the project is delayed and he wants to avoid that. Council Member Lopez. He does not know how surrounding property owners feel about the proposal especially Karcher Enterprises. Mayor Daly. This is not the appropriate time to debate all of the pros and cons. He shared some of the concerns expressed by Council Member Lopez but notes this is a 1.5 acre parcel with about 115' of frontage along Lemon. There also appears to be substantial landscaping to be installed along that property line and it anticipates the widening of Lemon Street. He asked staff to clarify the placement of the fence and the fact that the recyclable materials will not be visible from the street. These issues were addressed by Joel Fick, Planning Director and Mr. Hastings. Mr. Fick also pointed out that there was an added condition by the Planning Co~mission (Condition No. 3) requiring during the first year of operation the owner shall pay the cost for bi-monthly Code Enforcement inspections to check compliance with the conditions of approval so that there will actually be Code Enforcement monitoring above and beyond the norm. It was also noted that there was no opposition to the proposal. 13 C~TY OF AN~E~H~ C~L~FORNI~ COUNCIL H~NUTES DECEIVER Lg~ L995 Council Member Lopez. Staff has answered his questions and concerns. He no longer has any opposition especially since notice was given to surrounding property owners and businesses with no opposition from them as well. He thereupon withdrew his request that the matter be set for a Public Hearing. B3. ~79: WAIVER OF CODE REQUIREMENT - CONDITIONAL USE PERMIT NO. 3796 AND ~!IGATZVE DE~I~tRATZON: OWNER: ORANGE COUNTY BUDDHIST CHURCH, 909 South Dale Street, Anaheim, CA 92804 AGENT: ARCHITECTS DESIGN CONSORTIUM, 1920 E. Katella, $-5, Orange, CA 92667 LOCATION: 909 South Dale Street {Oranqe County Buddhist Church}. Property is approximately 2.1 acres located on the west side of Dale Street and located approximately 218 feet north of the centerline of Ball Road. To construct a 2,752-square foot chapel and a 634-square foot family waiting room in conjunction with an existing church with waiver of (a) minimum setback of institutional uses adjacent to a residential boundary, and (b) minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3796 GRANTED (PC95-155) (5 yes votes, 2 absent). Waiver of code requirement approved. Approved Negative Declaration. B4. 179: CONDITIONAL USE PERMIT NO. 3806 AND NEGATIVE DECLABATZON: OWNER: PACIFIC BELL, 300 N. 3rd Street, Rm. 338, Burbank, CA 91502; PACIFIC BELL, Attn= P.L. Hamilton, 3848 Seventh Ave., Rm. 120, San Diego, CA 92103. AGENT: THE PLANNING CENTER, Attn: Marie Luna, 1300 Dove Street, Ste. 100, Newport Beach, CA 92660 LOCATION: 5472 East La Palms Avenue (Pacific Bell Mobile Services). Property is approximately 2.7 acres situated approximately 644 feet south of La Palma Avenue, abutting the Santa Ana River, having a frontage of approximately 20 feet (access easement) on the south side of La Palms Avenue, having a maximum depth of approximately 869 feet, and being located approximately 1,920 feet west of the centerline of Imperial Highway. TO permit an approximately 38-foot high roof-mounted cellular communications antenna. ACTION TAKEN BY THE PLANNING COMMISSION~ CUP NO. 3806 GRANTED (PC95-156) (5 yes votes, 2 absent). Approved Negative Declaration. Mayor Daly. He asked if the 38' cellular tower meant 38' above the roof or 38' total. Joel Fick, Planning Director. That is total height. The tower is actually only 13' 6" high from the existing building roof line. It is also not visible from the streets as well. There are other existing towers in the area. This building is owned and occupied by Pacific Bell (Pac Bell). It is consistent with staff's desire to locate these facilities within or attached to buildings wherever possible. 14 C~TY OF ~t~NAHE~ C~L~FORN~ COUNCIL N~NUTEB DECEMBER Lg~ L995 Mayor Daly. He expressed his concern that Pac Bell takes more liberties in Anaheim than any other City. He feels no City would have allowed the huge tower that is in downtown Anaheim built 15 years ago. He is wondering how and when they are going to be able to stop the installation of facilities with no mitigation by Pac Bell. The downtown tower ruined the skyline of old neighborhoods in Anaheim and Pac Bell has never taken any steps to beautify the tower. Now, the City has to beg Pac Bell to fix it up and do some minimal beautification that any reasonable corporation would l>erform. He does not know why they keep allowing Pac Bell carte blanche to do what they want. He does not know if any Council Members share his concern. He would like to set the matter for a Public Hearing. Council Member Lopez. He will second the Mayor's request to set the matter for a hearing. Mayor Daly stated it is necessary to get cooperation for Pac Bell on the issue of aesthetics in the City. Council Member Zemel noted that this is only a 13' antenna. He asked the height of the ones the Council has been approving. This does not sound like any of the others that have been approved but a much smaller one~ Mr. Fick answered the range is from 40' to 100' Mayor Daly. Pac Bell wants to install approximately 500 boxes in the neighborhoods of Anaheim to service their new fiber optics installation. He feels they need to know what that corporation is doing to the aesthetics of Anaheim, not that he would eventually oppose this but that they get something in return aesthetically. Joel Fick. He clarified for the Council that he expects to have a finalized master plan of current and proposed antenna installations during the month of January. Since the matter was set for a Public Hearing by the Mayor and concurred in by Council Member Lopez, a Public Hearing will be scheduled at a later date. BS. 179~ CONDITIONS?. USE PERMIT NO. 3808 AND NEGATIVE DECLARATION= OWNER= LOEWEN GROUP, 4126 Norland Avenue, Bucnaby, British Columbia, Canada SG358 AGENT= DONALD W. MATTHEWS, 801 Teas Road, Conroe, Texas 77303 LOCATION: 2303 South Manchester Avenue {Melrose Abbev Cemetery and Funeral Home~. Property is approximately 17.0 acres located on the southwest side of Manchester Avenue. To permit a second floor addition to the existing mausoleum. ACTION TAKEN By THE PLANNING COMMISSION~ CUP NO. 3808 GRANTED (PC95-157) (5 yes votes, 2 absent). Approved Negative Declaration. B6. WAIVER OF CODE REQUIREMENT - CONDITIONAL USE PERMIT NO. 3807 AND NEGATIVE DECLARATION~ OWNERs NEWPORT FEDERAL, Attn= Gary Elder, 4425 Jamboree Road, #250, New~ort Beach, CA 92660 LOCATION= 3368 East La Palms Avenue. Property is approximately 2.1 acres landlocked between La Palma Avenue and the Riverside (91) Freeway, having a maximum width of 269 feet and a maximum depth of 425 feet, 15 C~TY OF ANAHEIH~ CAL~FORN~& COUNCIL HINUTES DECEMBER Lg~ ~995 located east of 3364 East La Palms Avenue (Concourse Bowling Alley) and accessed by and south of 3356-3360 East La Palma Avenue. To permit an outdoor roller-hockey facility including a 150 square foot freestanding freeway oriented sign, a 1,800-square foot accessory building for uses including a snack stand, player locker and meeting rooms, restrooms, merchandise repair shop and an office with waiver of (a) freestanding freeway-oriented signs (APPROVED), and (b) permitted encroachments into required yard areas (DENIED). ACTION TAKEN BY THE PLANNING COMMISSION~ CUP NO. 3807 GRANTED, IN PART, (PC95-158) (5 yes votes, 2 absent). Waiver of code requirement APPROVED, IN PART, waiver (a) APPROVED, and waiver (b) DENIED. Approved Negative Declaration. B7. ~79: CONDZTXONAL USE PERMIT NO. 3570 JUg]) MITIGATED NEGATXVE DECLARATXON~ OWNER: DIXCO CHEMICALS, Attn: Michael Aguilar, 847 S. East St., Anaheim, CA 92805 LOCATION: 847 South East Street. Property is approximately 3.7 acres located on the west side of East Street, and approximately 591 feet south of the centerline of South Street. Petitioner requests to amend or delete a condition of approval pertaining to the limitation of time to retain the outdoor storage of chemicals. ACTION TAKEN BY THE PLANNING COMMISSION: Approved amendment to conditions of approval for CUP NO. 3570, to expire 12-14-98, (PC95-159) (5 yes votes, 2 absent). Approved Mitigated Negative Declaration. Greg HaBtings, Zoning Division Manager explained for Council Member Lopez that the chemicals involved are petroleum based chemicals which are carefully regulated through a mitigated negative declaration. There are requirements from the Fire Department with routine inspections. There have been no problems with DIXCO since their last approval. Everything has been kept in accordance with the mitigation measures imposed. B8. 179: CONDITIONAL USE PERMIT NO. 3253 AND NEGATIVE DECLARATIONs PETITIONER: DANIEL LEE AND RICHARD A DEBEIKES JR., IMPERIAL PROMENADE PARTNERS, 3180 Crow Canyon Place, ~120, San Roman, CA 94583 LOCATION: 5645-5675 East La Palms Avenue (Imperial Promenade). Property is approximately 4.4 acres located north and west of the northwest corner of La Palma Avenue and Imperial Highway, having approximate frontages of 60 feet on the north side of La Palma Avenue, and 708 feet on the west side of Imperial Highway. Planning Conunission consideration of a request to increase the total floor area of fast food uses from 14,000 square feet (as previously permitted) to 15,300 square feet, to permit one new fast food restaurant with seating for 10 or less customers within the restaurant. ACTION TAKEN BY THE PLANNING COMMISSION: Approved expansion of fast food uses for CUP NO. 3253 (PC95-160) (5 yes votes, 2 absent). Approved Negative Declaration. 16 CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTES DECEMBER Lgv 1995 Council Member Zemel. There have been parking problems relative to this property. He knows there is a potential of using the TRW lot as co-parking for the two. He asked if that was going to happen. Joel Fick, Planning Director. There is still active discussion'with Redevelopment staff on the issue. There is a new tenant just west of that facility and there are on-going discussions. This iea minor application. The proposal is a Juice Stop. A lot of the parking concerns on the property have been improved with the opening of the parking structure behind Cinemapolis. The two property owners are cooperatively working together. Also, with the prospect of active negotiations on the parking, the situation looks promising. Council Member Zemel. His concern is adding another fast food operation to the already existing parking problem. John Lower, Traffic and Transportation Manager. In previous discussions, they were looking at the possibility of shared property with the commercial property to the south of Cinemapolis and Imperial Promenade. With the recent installation of the traffic signal which started operation about a week ago, that is again a possibility. Mr. Fick also confirmed that staff's recommendation to the Planning Commission was a positive one. REPORTS AND RECOMMENDATIONSc Bg. ~79~ CONDITIONAL USE PERMIT NO. 3794 - REQUEST FOR REVIEW OF FINAL LANDSCAPBPLANS~ REQUESTED BY= BOB MICKELSON, 121 W. Rose Avenue, Orange, CA 92667 IX)CATION= 4530 E. La Palms Avenue. Petitioner requests review of final landscape plans for CUP NO. 3794 (to permit an automobile sales facility). ACTION TAKEN BY THE PLANNING COMMISSIONc Approved landscape plans as submitted for CUP 3794. B10. 134~ REQUEST TO DETERMINE CONFORMANCE WITH THE ANAHEIM GENERAL PLAN FOR THE PROPOSED LEASE OF OFFICE SPACE FOR THE COUNTY OF ORANGE DRUG ABUSE COUNSELING PRCORAMI Requested by the County of Orange General Services Agency, Attn= Ray Weems, 14 Civic Center Plaza, Third Floor, Santa Aha, CA 92701. LOCATION= Property is located at 1125 North Magnolia Avenue ACTION TAKEN BY THE PLANNING COMMISSIONc Determined that the proposed lease is in substantial conformance with the Anaheim General Plan. END OF THE PLANNING COMMISSION ITEMS FROM NOVEMBER 27, 1995. 17 CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES DECEKBER Lg~ L995 ~TEMS BI! - El5 FROM THE PLANNING COI~4ISSION MEETING OF DECEMBER 11. ~995 INFORNATION ONLY - APPEAL PERIOD ENDS JANUARY 2, 1996 Bll · 179= CONDITIONAL USE PERMIT NO. 3805 - CATI~GORIC. aT~.Y EXEMPT. CLASS OWNER= HAROLD H. NGUYEN AND MINH B. DINH, 9675 Chapman Avenue, Garden Grove, CA 92641 AGENT: PAUL KOTT, 1225 West Lincoln Avenue, Anaheim, CA 92805 LOCATION: 2400 West Lincoln Avenue (Gentle Dentistry). Property is approximately 0.19 acre located at the southwest corner of Lincoln Avenue and Gilbert Street. To permit a 21-foot high, 48-square foot freestanding sign in the CO Zone. ~CTION TAKEN By THE PLANNING COMMISSION: CUP NO. 3805 APPROVED, IN PART, (PC95-161) (7 yes votes). Mr. Fick clarified for Council Member Zemel that the sign proposed is a 6' high sign which was the original application. B12. ~79= WAIVER OF CODE REOUIREMENT - CONDITIONAL USE PERMIT NO. 3792 AND NEGATIV~ DECLARATION: OWNER= CLAUSEN ENTERPRISES, INC., 2795 West Lincoln Avenue, Unit F, Anaheim, CA 92801 AGENT: JORDAN VALLI ARCHITECTS, INC., 34700 Pacific Coast Highway, $202, Capistrano Beach, CA 92672 LOCATION= 2815-2853 West Lincoln Avenue. Property is approximately 2.3 acres located on the north side of Lincoln Avenue and approximately 195 feet west of the centerline of Dale Street. Petitioner requests approval of revised site plan for a previously- approved self-storage facility and commercial retail center with waiver of minimum structural setback and yard area abutting any residential zone boundary, and minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3792 APPROVED revised site plan (PC95-162) (7 yes votes). Approved waiver of code requirement. Negative Declaration previously approved. Council Member Feldhaus. He is trying to determine whether the code is too lax or too restrictive on parking. In this case, 159 spaces are required but 30 spaces are proposed. John Lower, Traffic and Transportation Manager. The City's code for warehouses is very high. It is grouped with industrial. The intent is to review the matter and to have a much lower rate for warehouse use. In this case, there was a parking study supplemented with field investigations and subsequently the recommendation was approval of the parking waiver. Council Member Lopez. His concern is that this is the only storage facility he has seen on Lincoln west of Anaheim Boulevard. It does not fit in with the things they are trying to do in the west end of Anaheim. Greg Hastings, Zoning Division Manager. He believes the reason why the applicant chose the site, the property was too deep to have commercial use in the back. The storage facility is right at the rear property line and is a buffer to the apartments. To his knowledge, this is the only storage facility on Lincoln. The closest is Manchester. 18 CITY OF ANItHEIMv CALIFORNIA COUNCIL XINUTE8 DECEMBER 19v 1995 Council Member Lopez. He will not support it and would like to hear what the people on the west end have to say. Council Member Zemel. Before doing so, he asked if this project is allowed by right under current zoning or does it require a CUP. Greg Hastings. This requires a C.U.P. Self-storage in a commercial zone requires a C.U.P. and in a commercial center with three or more units also requires a C.U.P. Mayor Daly. He asked if staff was comfortable with all the mitigations. The project meets code and has adequate landscaping; Mr. Hastings answered yes. Council Member Feldhaus seconded the request of Council Member Lopez and, therefore, a Public Hearing will be held at a later date. Council Member Feldhaus asked that the Council be given a Planning Commission Action Agenda on this item; Council Member Lopez asked that the Beach Boulevard Citizen's group be made aware of the proposal and the hearing. B13. 179= WAIVER OF CODE REQUIREMENT - CONDITIONAL USE PERMIT NO. 3813 AND NEGATIVE DECLARATION= OWNER= WILLIAM TAORMINA, P.O. BOX 309, Anaheim, CA 92815 AGENT= PAUL KOTT, 1225 West Lincoln Avenue, Anaheim, CA 92805 LOCATION= 401 North Anaheim Boulevard. Property is approximately 0.16 acre located at the northwest corner of Adele Street and Anaheim Boulevard. To permit a motorcycle sales and service facility with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION= CUP NO. 3813 GRANTED, IN PART (PC95-163) (7 yes votes). No action, waiver of code requirement deleted. Approved Negative Declaration. REPORTS AND RECOMMENDATIONS: B14 · 179~ CONDZTZONAL USE PERMZT NO. 3262 - REOUEST FOR REVIEW OF FINAL SIGN PLANS= REQUESTED BY: GRAPHIC ARTS, 3202 Warner Avenue, Santa Ana, CA 92704 LOCATION: Property is located on the northwest corner of Monte Vista Road and Weir Canyon Road. Petitioner requests review of final sign plans for Conditional Use Permit No. 3262 (to permit a commercial retail center and car wash facility with gasoline sales). ACTION TAKEN BY THE PLANNING COMMISSION: Approved, in part, final sign plans for CUP NO. 3262. Approved only monument sign portion. B15. 179= FINAL SITE PLAN REVIEW NO, 95-06 - REVIEW OF FINAL SITE AND W*T.~VATION PLANS TO CONSTRUCT AN EXTERIOR EQUIPMENT ENCLOSURE AND ROOF- MOUNTED EQUIPMENT SCREEN= REQUESTED BY: SATELLITE CLEANERS, INC., 1831 South Manchester Avenue, Anaheim, CA 92802 and Bob Gordon, 435 West Malvern Avenue, Fullerton, CA 92632. LOCATION: Property is located at 1730 South Clementine Street. 19 CXTY OF ANAHEX~; C~LXFORNX~ COUNCXL HXNUTES DECEMBER X9; ~995 Petitioners request review of Final Site Plan No. 95-06 (final site and elevation plans to construct an exterior equipment enclosure and roof- mounted equipment screen). ACTION TAKEN BY THE PLANNING COMMISSION: Approved Final Site Plan Review No. 95-06 and elevation plan. END OF THE PLANNING COMMISSION ITEMS FROM DECEMBER 11, 1995. ~TEM B16 FROM THE ZONING ADMXNXSTRATORMEETXNG OF DECEMBER 7, 1995: DECXSXON DATE: DECEMBER 12. 1995 XNFORMATXON ONLY - APPEAL PERXOD ENDS DECEMBER 22. 1995 B16 · 170: TENTATXVE PARCEL MAP NO. 94-209 CATEGORICALLY EXEMPT, CLASS 1(0): OWNER: LAKEVIEW BUSINESS PARK, c/o 3DQ PROPERTIES, 144 North Orange Street, Orange, CA 92666, Attn: Jack Selman LOCATION: 4520-4522 East Eisenhower Circles Property is approximately 0.7 acre, having a frontage of approximately 189 feet on the south side of Eisenhower Circle, having a maximum depth of approximately 135 feet being located approximately 280 feet east of the centerline of Lakeview Avenue. Petitioner requests approval of Tentative Parcel Map No. 94-209 to establish a 1-1ot (air space) subdivision for a 2-unit industrial condominium building, with waiver of the requirement to file a final map. ACTION TAKEN ~y THE ZONING ADMINISTRATOR: Approved Tentative Parcel Map No. 94-209. END OF THE ZONING ADMINISTRATOR ITEMS. D1. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3800 AND NEGATIVE DECLARATION~ OWNERs ANAHEIM UNION HIGH SCHOOL DISTRICT, P.O. Box 3520, Anaheim, CA 92803-3520 AGENT: AIR TOUCH CELLULAR, Attn: Joe Milone, P.O. BOX 19707. Irvine, CA 92714 LOCATION: 3325 West Oranqe Avenue (Western Hiqh School). Property is approximately 38.84 acres located at the northwest corner of Orange Avenue and Western Avenue. To permit a 116 foot high cellular communications tower. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3800 GRANTED (PC95-144) (7 yes votes). Approved Negative Declaration. 20 CITY OF ~NAHE~ C~LIFORNIA COUNCIL H~NUTE8 DECEMBER Lg~ L995 HEARING SET ON= A review of the Planning Commission's decision was requested by Council Members Daly and Tait at the meeting of November 14, 1995, and a public hearing scheduled this date. PUBLIC NOTICE REOUIREMENTS MET Publication in Anaheim Bulletin - December 7, 1995. Mailing to property owners within 300 feet - December 7, 1995. Posting of property - Dece~er 8, 1995. PLANNING STAFF INPUT= See staff report to the Planning Commission dated October 30, 1995. Mayor Daly. His concern was brought up by Council Member Tait on another such application, that it is a good policy to set some type of time limit on any of the installations, especially the ones that are quite tall. This will keep the applicant on notice so that as technology evolves they will take the opportunity to replace the tower with something more modern and not so intrusive. He is going to suggest a ten-year time frame. If the technology has not changed enough and the applicant wants to reapply, they could do so at the time. He also wants to be certain that the School District was mutually supportive. Greg Hastings, Zoning Division Manager. The School District signed the original application. He believes there is a lease with the School District. Mayor Daly opened the Public Hearing. Mr. Joe Milone, AirTouch Cellular, 3 Park Plaza, Irvine. This is a replacement for the existing tower. AirTouch is in the process of launching a new power-band cellular service. This is a change in the pole one for one. It is structurally stronger and the additional antennas will be placed lower. He confirmed they do lease the space from the School District and it is a 20- year lease. They are not opposed to a time limit. It is fair and they can live with that. A request he does have is with the time limit if there is the possibility of having it be a staff level review in 10 years rather than a Public Hearing process. There was nobody at the Planning Commission hearing in October in opposition. The School District is in support. If technology does not change in 10 years, it would save time and money if it could be a staff level review. Mr. Milone then described the pole and its components for Council Member Zemel as well as describing the surrounding land uses. Mayor Daly. He asked the City Attorney's advice relative to the staff level review rather than a definitive time limit. City Attorney White. He does not believe that is technically feasible and still have a limit on the permit. That is the difference between a review and a limitation. The language he has just written out would suggest a new Condition 9 that "would provide that this C.U.P. shall expire years from the date of the resolution at which time both the monopole and the equipment shall be removed unless a new C.U.P. has been approved therefor." That would require a new Public Hearing. Mayor Daly. The planning staff recommended five years and the Planning Co=~ission chose not to act on that. Perhaps they are leaving it up to the Council to set policy. 21 CTTY OF ~NAHETM, CALTFORNTA COUNCTL MTNUTES DECEMBER 19, L995 Joel Flck, Planning Commission. What the Planning Commission did in lieu of five years, they imposed the two conditions which he believes the Council added in one other application -- that if antennas were ever lowered relative to their location on the monopole, that the monopole itself had to be lowered in height and that the monopole and equipment shall be removed from the site at such time it is no longer in operation. Staff is still supportive of a time limit. One thing that was not clear in the testimony, the pole replaces an existing 100' pole that exists there now. He confirmed for the Mayor that it does have more apparatus on it. There being no further persons who wished to speak, Mayor Daly closed the Public Hearing. Council Member Tait. He agrees with some outside time limit. It provides some incentive to remove it later on. He believes on the last application they set a time limit of 12 years and in order to be consistent, the Council could impose the same here. He would support either 10 or 12 years. Council Member Zemel. He had a concern with this request and the matter which was set for a Public Hearing, the difference being, this pole is 116' and the other a 13' pole whip antenna. Staff has recommended approval of both. He would urge some consistency in this area. Council Member Lopez. He would support 10 years on this application. City Attorney White. In offering the resolution, a condition should then be added that the permit shall terminate 10 years from the date of the resolution ant that the pole and equipment be removed unless a new C.U.P. is approved. A 10-year limit replaces the need for an administrative review. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATIONs On motion by Mayor Daly, seconded by Council Member Tait, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Mayor Daly offered Resolution No. 95R-209 for adoption granting Conditional Use Permit No. 3800 subject to City Planning Commission conditions and adding a 10-year time limit. RESOLUTION NO. 95R-209 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3800. Roll Call Vote on Resolution No. 95R-209 for adoptions AYES= MAYOR/COUNCIL MEMBERS: Tait, Feldhaus, Lopez, Daly NOES= MAYOR/COUNCIL MEMBERSs Zemel ABSENTs MAYOR/COUNCIL MEMBERS= None The Mayor declared Resolution No. 95R-209 duly passed and adopted. 22 CITY OF AN~IM, CALIFORNIA COUNCIL MINUTES DECEMBER 19; 1995 Council Member Zemel. He has opposed the application only on the grounds that the Master Plan Study is not complete and there are possible health concerns not yet answered by staff. Mayor Daly noted that members of the public had entered the Council Chamber after Items of Public Interest. He explained that generally, public comments are invited at the start of the meeting. He asked if they were present to speak on an issue. 149: OVERFLOW pARKXNG ON BLUEBELL -- ORANGEWOOD/HASTER AREAs Mr. Frank McCormick approached the podium and stated they wanted to know what kind of action the Council is taking on the overparking on Bluebell. Mayor Daly. The Council has received a few calls and letters on the issue. A ban on street parking was approved in the Leatrice-Wakefield-Mountain View neighborhood near Mr. McCormick's neighborhood. As he understands, staff was looking at some type of permit parking plan or some other steps to help residents deal with the overflow parking because of the parking ban in the next block. Frank McCormick. They are concerned about so many people parking on their street and also leaving their trash behind. They are also concerned about having strangers walking around their neighborhood. Mayor Daly. Council will ask staff to bring forward a schedule for bringing about some closure to the situation. One of the steps will be an analysis of the permit parking system that he had previously spoken about with Mr. McCormick when he was contacted by him. Traffic Engineering has sent a response back to one of Mr. McCormick's neighbors. In order to institute permit parking, all or most of the neighbors will have to agree. Council Member Tait. He asked if this is a result of the parking ban in the Orangewood-Haster neighborhood~ Mr. McCormick confirmed that was correct. City Manager Ruth. Under current City Council policy, 75% of the affected homeowners would have to sign the petition for permit parking. Staff would be more than happy to work with the neighborhood. He knows that Traffic and Code Enforcement as well as the Police Department have been working on the matter. They will get back to Mr. McCormick in the next couple or three days. Mayor Daly. Mr. Peters has also been a spokesman for the residents and he (Daly) know that he has talked to Traffic Engineering staff on the matter. Cl. COUNCIL COMMENTS: 114= ~N$ ~A~SON ¢OMMXTTEB R~PORT~ Council Member Zemel asked that staff's recommendation from the INS Liaison Con~uittee that Chief Gaston's survey be placed into the Public Record be placed on the Council agenda of January 9, 1996. 114= ECONOMXC DEVELOPMENT~ Council Member Zemel. Relative to the workshop today on the Economic Development Program, he had talked to the City Manager about adding a red team and blue team -- the red team trying to keep 23 C~TY OF ANAHE~ CALIFORNIA COUNCIL ~INUTE8 DECEMBER Lg, ~995 businesses in the City and the blue team to work with businesses in existence outside of the Redevelopment and Economic Development areas just as a check-in type team in order to find out about companies like Proctor & Gamble, the idea being to be more proactive than reactive. He would like those suggestions on the record and delivered to Mrs. Stipkovich. He had forgotten to mention them at the workshop. C2. 112= REPORT ON CLOSED SESSION ACTIONS: City Attorney White reported on the following action taken at Closed Session= Re~ City of Anaheim v. Patel, et al., Orange County Superior Court Case No. 69-58-49. The Council approved a Settlement Agreement of eminent domain action for the Orangewood Avenue Street Widening Project in the amount of $200,000 plus costs and interest. The vote was Ail Ayes. ADJOURNMENT: By general Council consent, the meeting of December 19, 1995 was adjourned (7:49 p.m.). LEONORA N. SOHL CITY CLERK 24