1994/01/11City Hall, Anaheim, California - COUNCIL MINUTES - JANUARY 11, 1994 - 5:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASSISTANT GENERAL MANAGER-ELECTRIC SERVICES: Brian Brady
TRAFFIC AND TRANSPORTATION MANAGER: John Lower
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 4:00 p.m. on January 7, 1994 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Daly called the meeting to order at 3:00 p.m.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. To confer with its Attorney regarding pending litigation pursuant
to Government Code Section 54956.9(a) to wit:
Golden West Baseball Co. vs. City of Anaheim, Orange County
Superior Court Case No. 40-92-46; Anaheim Stadium Associates vs.
City of Anaheim, et al., Orange County Superior Court Case No.
44-81-74.
Delmonico, et al. vs. City of Anaheim, Orange County Superior
Court Case No. 71-80-71.
Schlund, et al. vs. City of Anaheim, et al., Orange County
Superior Court Case No. 71-44-52.
Vo, et al. vs. City of Anaheim, Orange County Superior Court Case
No. 64-89-56.
Lopez, et al. vs. City of Anaheim, Orange County Superior Court
Case No. 62-85-68.
To meet with the Redevelopment Agency's Real Property Negotiator
concerning acquisition or disposition of certain real property
interests for property located generally at the Anaheim Plaza
owned by California State Teacher's Retirement System.
To meet with the City's Real Property Negotiator concerning the
lease of property known as the Juliette Low Elementary School
site from the Magnolia School District and the sublease of said
site to the Los Angeles Rams Football Company.
de
To meet with and give directions to its authorized representative
regarding labor relations matters - Government Code Section
54957.6.
e. To consider and take possible action upon personnel matters
pursuant to Government Code Section 54957.
City Hall, Anaheim, California - COUNCIL MINUTES - JANUARY 11, 1994 - 5:00 P.M.
f. To confer with its attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
To consider and take possible action upon such other matters as
are orally announced by the City Attorney, City Manager, or City
Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in closed
session.
By general consent, the Council recessed into Closed Session. (3:00 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(5:33 p.m.).
INVOCATION: Chaplain Paul Miller, Friends of Peace Lutheran Church, gave the
invocation.
FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
119: PRESENTATION - HELEN PUTNAM AWARD:
Steve Swaim, Gang/Drug Prevention Coordinator. He introduced the honorable
Bob Bartlett, Mayor of Monrovia and President of the League of California
Cities. Mayor Bartlett is here to present the Council with the Helen Putnam
Award for the City's efforts in the Jeffrey Lynne Neighborhood.
Mayor Bob Bartlett. He first gave the background of the institution of the
Helen Putnam Award and subsequently explained that the League each year grants
the award to cities for excellence in several categories that correspond with
their eight standing committees. Anaheim is this year's winner for
outstanding work done in the Jeffrey Lynne Area project. Mayor Bartlett then
presented the award to the Mayor and Council Members congratulating them and
staff.
Mayor Daly accepted the award on behalf of the Council and City noting that it
is a major award and very much appreciated. He thereupon presented it to City
Manager James Ruth emphasizing that Mr. Ruth and City staff made the award
possible.
119: PRESENTATION - RECOGNIZING SAVANNA HIGH SCHOOL - CIF CHAMPIONS:
Mayor Daly read a declaration of recognition and congratulations recognizing
the Savanna High School "Rebels" Football team for their defeat of Whittier
High School on December 11, 1993 which gave them their first ever CIF football
title (Division VI).
Accepting the declaration were Maggie Carrillo-Mejia, Principal; Fred DePalma,
Head Coach; Assistant Coaches Mike Slagle, Phil Garabedian, Mike Switzer,
Tim Scalzo, Bob Baker and Team Captains Rani Kanouch, Aaron Woolsey, Paul
Waldrop and Tom Cho. Other team members were also a part of the group
accepting the declaration. Mrs. Mejia praised the team not only for their
accomplishments on the football field, but also for the all around fine young
men they are; Superintendent Cynthia Grennan expressed the same sentiments -
the team members are not only great competitors and winners, but also very
likeable young men.
Mayor Daly and Council Members gave their hearty congratulations to the team
as did those in the Chamber audience.
City Hall, Anaheim, California - COUNCIL MINUTES - JANUARY 11, 1994 - 5:00 P.M.
119: DECLARATIONS OF RECOGNITION: Declarations of Recognition were
unanimously adopted by the City Council recognizing long-term City Employees
upon their retirement after many years of service to the City (from 21 years
up to 35 years).
Mr. Douglas Beery, Fire Captain (30 years) and Ezio Capparelli, Lead
Maintenance Worker (26 years) were presented with declarations recognizing
their many years of service to the City and citizens of Anaheim and were
personally congratulated by Mayor Daly and Council Members.
Those unable to be present were aa follows:
Chester Barry, Bruce Botsford, Richard Chritiansen, Larry
Flynn, Karl Fonceca, Thomas Kirker, John Kolbo, Keith Law,
Lee Peterson, David Wadkins, Robert Whitehead, Edward Gibson
and Andrew Gallo.
119: CONGRATULATIONS TO NEW FIRE CHIEF OF VALLEJO:
Mayor Pro Tem Simpson noted that Steve Magliocco, the City's Fire Division
Chief, recently accepted the position of Fire Chief of the City of Vallejo and
that he could not be more proud of Steve having had the pleasure of working
with him when he (Simpson) was the City's Fire Chief.
Mayor Daly. Mr. Magliocco is a 20 year member of the Fire Department. He
graduated from Servite High School in Anaheim and then the University of
California at Irvine. It will be a loss for Anaheim, but a tremendous
opportunity for Steve. The Council and the City extend their congratulations
and best wishes.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,653,824.54 for the
period ending December 26, 1993 and $4,739,472.77 for the period ending
January 10, 1994, in accordance with the 1993-94 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency, Housing Authority and Public Financing Authority meetings.
(5:56 p.m.)
Mayor Daly reconvened the City Council meeting. (5~59 p.m.)
ITEMS OF PUBLIC INTEREST:
Bob King, 6551 Marengo Drive, Anaheim. He spoke on the proposed Disneyland
Westcot project and the massive support the project has received by both
politicians and bureaucrats especially in trying to get $750 million to assist
in the expansion. He expressed concern that large amounts of taxpayer's money
are proposed to be spent while State, Federal and local office holders have
accepted large contributions from Disneyland. He feels it is time for the
citizens of Anaheim and the State to do whatever is required to stop what he
considers a double standard which results in a detriment to the citizens.
Mayor Daly. In terms of the City of Anaheim, any legally binding actions the
City takes are conducted in full public sessions with clearly labeled agenda
items.
City Hall, Anaheim, California - COUNCIL MINUTES - JANUARY 11, 1994 - 5:00 P.M.
Nancy Long, 500 Block of Century Drive in Anaheim. She first expressed her
appreciation to members of the City Attorney's Office for the prompt response
to her request for review and possible updating of the City's noise ordinance
(see minutes of November 30, 1993 wherein Mrs. Long expressed deep concern
over the provisions of the ordinance and requested some changes). Secondly,
she submitted pictures to show the Council which apparently showed trees on
her street. She stated that the City, in her belief, is about to spend money
foolishly by replacing the sidewalks on her street while the trees are to
remain which will result in needing new sidewalks in three or four years. She
then briefed the Council on the situation, the trees having caused sidewalk
disruption, and the contacts she has already made with City staff regarding
the matter as well as the fact that on December 12, 1993, she broke her hand
and sprained her right ankle having fallen supposedly due to the disrupted
sidewalk. Only two residents on her street are against the trees being
removed. They want the trees removed and she will not take no for an answer
and neither will the residents on her street.
Mayor Daly. He asked that the City Manager direct staff to evaluate the
request to have the trees removed.
PUBLIC COMMENTS - AGENDA ITEMS: There were no public comments on City Council
Agenda items.
MOTION: Council Member Daly moved to waive reading in full of all ordinances
and resolutions to be acted upon for the Council meeting of January 11, 1994.
Council Member Simpson seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Pickler, seconded by Council Member Simpson, the following items were approved
in accordance with the reports, certifications and recommendations furnished
each Council Member and as listed on the Consent Calendar; Council Member
Pickler offered Resolution Nos. 94R-1 and 94R-2 for adoption. Refer to
Resolution Book.
Al. 105: Receiving and filing minutes of the Anaheim Private Industry
Council meeting held August 26, 1993.
117: Receiving and filing a Summary of investment Transactions for November,
1993, as submitted by the City Treasurer.
156: Receiving and filing a Monthly Return of Offenses Known to the Police
for the month of November, 1993.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting
for November 23, 1993.
105: Receiving and filing the Golf Advisory Commission minutes of the meeting
held October 28, 1993.
173: Receiving and filing Application No. 93-12-025 before the Public
Utilities Commission of the State of California, in the matter of the
application of Southern California Edison Company for Authority to increase
its authorized level of base rate revenue under the Electric Revenue
Adjustment mechanism for service rendered beginning January 1, 1995, and to
reflect this increase in rates.
173: Receiving and filing a Notice to Customers of Proposed Rate Change,
Application No. 93-12-017 filed by Southern California Gas Company with the
City Hallt Anaheim. California - COUNCIL MINUTES - JANUARY 11, 1994 - 5=00 P.M.
California Public Utilities Commission to establish peaking service rates
applicable to non-residential customers who partially bypass the gas
distribution system.
173~ Receiving and filing correspondence from the Law Offices of Goldberg,
Fieldman & Letham, P.C., regarding Nevada Power Company, certificate of
concurrence in Southern California Edison contract filing.
175= Receiving and filing correspondence from Southern California Edison
Company regarding a Petition for Modification of Decision No. 91-12-076 before
the California Public Utilities Commission.
175= Receiving and filing correspondence from Southern California Edison
Company filed with the Federal Energy Regulatory Commission regarding
procedures between Edison and others to implement contracts which are on file
with the Commission.
A2. 175: Awarding the contract to the lowest responsible bidder, Spiniello
Construction Company, in the amount of $154,330 for Relining of Water Mains in
Water Street; and in the event said low bidder fails to comply with the terms
of the award, awarding the contract to the second iow bidder, as well as
waiving any irregularities in the bids of both the low and second low bidders.
A3. 150: Awarding the contract to the lowest responsible bidder, Metro
Builders and Engineers Group Ltd., in the amount of $220,875 for Peralta
Canyon Park Recreation Center Area Improvements; and in the event said low
bidder fails to comply with the terms of the award, awarding the contract to
the second iow bidder, as well as waiving any irregularities in the bids of
both the iow and second low bidders.
A4. 169= Approving Contract Change Order No. 1, in the amount of $22,396.65,
in favor of All-American Asphalt Company, for additional street reconstruction
work on Ball Road from Euclid Street to Perdido Street.
AS. 159= RESOLUTION NO. 94R-1= A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARAHEIM DIRECTING THE FILING AND POSTING OF PREVAILING RATES OF PER DIEM
WAGES PERTAINING TO PUBLIC WORKS.
A6. 123= Approving and authorizing the Mayor and City Clerk to execute the
revised Local Agency - State Agreement No. 12-5055 Program Supplemental No.
047 Revision 2 for the seismic retrofitting at the Tustin Avenue bridge at the
Santa Aha River, providing for 100% State and Federal funding for design
engineering on this project.
A7. 123~ Approving and authorizing the Mayor and City Clerk to execute the
Orange County Transportation Authority Cooperative Agreement No. C-93-625
between the City and the Orange County Transportation Authority for
interchange improvements at Harbor Boulevard, Lemon Street, and Part Street at
the SR-91 Freeway.
AS. 160= Accepting the low bid of General Electric Company, in the amount of
$23,890 for the repair of one 1,500 K.V.A. dry type power transformer located
at the Convention Center, in accordance with Bid $5209.
Ag. 160: Accepting the low bid of Wesco Utility, in an amount not-to-exceed
$33,596.20 for 100,000 feet of 336.4 KCMIL greased ACSR wire, in accordance
with Bid $5217.
City Hall, Anaheim, California - COUNCIL MINUTES - JANUARY 11, 1994 - 5:00 P.M.
Al0. 160: Accepting the bid of Shallbetter, .~c., c/o Matzinger & Keegan,
Inc., in the amount of $37,760 for four 12.47K~, three-phase padmounted
capacitor banks, in accordance with Bid $5205.
All. 160: Accepting the bid of Mills Ford, in the 'amount of $45,700 for two
15 passenger vans, one standard, and one with a wheelchair lift, in accordance
with bid #5196.
Council Men~er Feldhaus. He asked for details on what the vans are used for
which was explained by City Manager Ruth; Mayor Daly asked that a summary be
prepared for the Council on how many uses, the clientele, etc.
Al2. 160: Accepting the low bid of Southwest Power, Inc., in the amount of
$46,068 for six PMH-9 manual-operated, padmount; sectionalizing switches with
holders, in accordance with Bid ~5214.
A13. 160: Accepting the low bid of Pirelli Cable Corporation, in an amount
not-to-exceed $68,552 for 80,000 feet of ~2 URD primary wire, in accordance
with Bid $5212.
A14. 160: Authorizing the Purchasing Agent to issue a Change Order (P.O. MW-
867) to Simon West Coast, Inc., for an additional amount of $6,254 for five
vehicle options, bringing the revised purchase order total to $160,808.
Al5. 123: Authorizing a First Amendment to an Agreement with Artistic
Maintenance, Inc., in an amount not-to-exceed $15,526 for landscape
maintenance at the Police Department Headquarters, in accordance with Bid
#5006.
A16. 115= Designating as a City Holiday, January 17, 1994, Martin Luther
King Jr.'s Birthday.
A17. 153: Authorizing full-time City of Anaheim employees to participate in
a one-time accrued vacation buy-out, to provide a cash donation to an employee
of the Police Department whose son was the victim of a shooting incident.
City Manager Ruth. Staff is requesting that this item be removed.
Item A17 was subsequently removed and no further action was taken by the
Council.
A18. 123: Approving Attorney Services Agreements with the law firms of
McDermott, Will & Emery and Sinnott, Dito, Moura & Puebla concerning outside
counsel legal services.
A19. 184: Ratifying the Proclamation of the Existence of a Local Emergency
issued by the Director of Emergency Services on January 4, .1994, concerning
the Santiago Landslide and Pegasus Landslide in the City of Anaheim, and
taking no action to terminate the local emergency at this time.
A20. 123: Approving a Settlement Agreement by and among the City, The Walt
Disney Company, Disney Development Company, and Joan Schlund, Clyde Schlund,
Mary Worth, Laura Sprang, as Trustee of the John Schlund Trust, and Dave
Kaufman, as Trustee of the Barbara Schlund Kaufman Trust (collectively the
"Schlund Parties"), concerning the Disneyland Resort Project.
City Hallr Anaheim, California - COUNCIL MINUTES - JANUARY Il, 1994 - 5=00 P.M.
A21. 123~ Approving a Settlement Agreement by and among the City, The Walt
Disney Company, Disney Development Company and Pryovest Corporation dba
Anaheim Plaza Hotel concerning the Disneyland Resort Project.
A22. 153~ Approving the appointment of Randall W. Gaston to the position of
Chief of Police, effective January 14, 1994.
A23. 123: Approving an Agreement with Amies Communications, formerly Amies
Marketing, Inc., in the amount of $185,000 for professional consulting
services in economic development marketing for the Community Development
Department and the Public Utilities Department. (Continued from the meeting
of December 21, 1993, Item A23.)
A24. 161: Approving the submission of the Youthbuild Implementation Grant
for $1 million, and authorizing the Executive Director of the Community
Development Department to execute the required application documents and
certifications.
A25. 137: RESOLUTION NO. 94R-2: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AN INSTALLMENT PURCHASE AGREEMENT AND AN INDENTURE
OF TRUST; AUTHORIZING THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT; AND
AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH. (Reconstruction and
rebuilding of the Lenain Filtration Plant.)
106: Amending the FY 1993/94 Public Utilities Department's budget by
increasing revenue from Bond Proceeds, in the amount of $1,444,683 in Account
No. 503-521-3720-5793.
A26. 114: Approving minutes of the Anaheim City Council meetings held
November 30, 1993, and December 7, 1993.
Roll Call Vote on Resolutlon Nos. 94R-1 and 94R-2 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Simpson, Pickler, Hunter, Daly
None
None
The Mayor declared Resolution Nos. 94R-1 and 94R-2 duly passed and adopted.
~ OF CONS~ CALENDAR. MOTIONS CARRIED.
SWEAR-IN - CITY'S NEW CHIEF OF POLICE - RANDALL GASTON:
City Clerk, Leonora Sohl gave the oath of office to newly appointed Police
Chief, Randall Gaston.
Randall Gaston. He stated this is a very special day for him and his family
and for the many friends present today. He has always counted himself
fortunate to have been with the City of Anaheim as a member of the Police
Department for many years. He knows there are substantial challenges ahead of
him and the Department but there is overwhelming community support as well as
from the City Council, City Manager and staff. That combined with the talent
and dedication inside the Police Department will enable the Department to
continue to provide high quality service to the community and to keep it a
desirable place to live, work, play and visit. He then introduced former
Chiefs of Police who were present as well as the wives of other former chiefs.
He also introduced members of his immediate family who were present including
8
City Hall, Anaheim, California - COUNCIL MINUTES - JANUARY 11, 1994 - 5~00 P.M.
his son Brian and his daughters Debbie and Alison. (His son Erin was
presently out of State). Last but not least, he introduced his wife Linda.
Mayor Tom Daly. On behalf of the Council and citizens he wished Chief Gaston
great success. They set very high expectations as the interview process for
the City's new Police Chief. They believe their expectations and standards
have been more than met. They are very proud of Chief Gaston as a "home
grown" candidate. They are with him and want him to succeed in his new
position.
RECESS= By general consent, the Council recessed for ten minutes to give an
opportunity for those in the Chamber audience to congratulate Chief Gaston.
(6:27 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (6:48 p.m.)
A27. 121= HEARING - CONTINUED HEARING - CONDEMNATION OF CERTAIN REAL
PROPERTY - CERRITOS AND SINCLAIR STREETS - DONALD DAY PROPERTY:
To consider a resolution finding and determining the public interest and
necessity to condemn certain real property interests located near the
intersection of Cerritos and Sinclair Streets; and authorizing the filing of a
Notice of Determination with respect to the widening of Cerritos Avenue
(Donald Day Parcel); and authorizing the law firm of Oliver, Bart, and Vose,
special counsel to the City, to proceed with said condemnation action.
(Continued from the meeting of December 14, 1993.)
RESOLUTION NO. - ..... ~ Finding and determining the public interest and
necessity to condemn certain real property interests in real property located
in the City of Anaheim, and authorizing the filing of a Notice of
Determination with respect to the widening of Cerritos Avenue.
Submitted previously was report dated December 14, 1993 from the Community
Development Department recommending the subject action. This matter was
continued from the meeting of December 14, 1993 to this date (see minutes of
December 14, 1993).
City Manager Ruth. Staff is requesting a two-week continuance of this
hearing. The principal, Mr. Donald Day, has changed attorneys and is asking
for the additional continuance.
MOTION: Council Member Pickler moved to continue the subject hearing for two
weeks until Tuesday, January 25, 1994. Council Member Feldhaus seconded the
motion. MOTION CARRIED.
BOARD AND COMMISSION ITEMS:
A28. 105: RESIGNATION FROM BUDGET ADVISORY COMMISSION:
Accepting the resignation of Maryknoll Benner, Budget Advisory Committee, and
directing the City Clerk to post a notice of said vacancy.
Submitted was letter received December 17, 1993 from Maryknoll Benner.
MOTION: Council Member Feldhaus moved to accept the resignation of Maryknoll
Benner from the Budget Advisory Committee with regret. Council Member Pickler
seconded the motion. MOTION CARRIED.
City Hall, Anaheim, California - COUNCIL MINUTES - JANUARY 11, 1994 - 5:00 P.M.
A letter of thanks will be sent to Mrs. 8enner for her contribution as a
member of the Committee.
ITEMS 81 - 83 FROM THE ZONING ADMINISTRATOR MEETING OF DECEMBER 23, 1993:
DECISION DATE: DECEMBER 30, 1993 INFORMATION ONLY - APPEAL PERIOD ENDS
JANUARY 14~ 1994:
81.
179: VARIANCE NO. 4240, CATEGORICALLY EXEMpT~ CLASS 5:
OWNER: Willard L. Geach, 825 Redondo Drive East, Anaheim, CA 92801
LOCATION: 825 Redondo Drive East. Property is approximately .16 acre,
with frontage of approximately 79 feet on the west side of Redondo Drive
East, with maximum depth of approximately 91 feet and being located
approximately 282 feet north of the centerline of North Street.
Petitioner requests waiver of minimum rear yard setback, to construct a
236 square foot room addition.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4240 APPROVED (ZA Decision No. 93-61).
82.
179: ADMINISTRATIVE ADJUSTMENT NO. 0087~
OWNER: Rod O'Connor, 28979 Big Range, Canyon Lake, CA 92587
LOCATION: 6405 Via Arboles. To construct a single-family dwelling,
with waiver of maximum lot coverage.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 0087 APPROVED (ZA Decision No. 93-62).
REPORT AND RECOMMENDATION ITEM:
83. 179: To consider a modification to petition form for Administrative
Adjustments.
ACTION TAKEN BY THE ZONING ADMINISTRATOR: Approved.
ORDINANCE FOR INTRODUCTION:
84. 179: PROPOSED ORDINANCE PERTAINING TO DETACHED CONDOMINIUM PROJECTS:
PLANNING COMMISSION RECOMMENDED ADOPTION TO CITY COUNCIL. (Continued from the
City Council meeting of December 21, 1993, Item 816).
ORDINANCE NO. 5416 - INTRODUCT~ON~ Amending varioUs Sections of Chapters
18.31, 18.32 and 18.34 of Title 18 of the Anaheim Municipal Code relating to
detached condominium projects.
Council Member Simpson offered Ordinance No. 5416 for introduction.
ORDINANCE NO. 5416: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS
SECTIONS OF CHAPTERS 18.31, 18.32 AND 18.34 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO DETACHED CONDOMINIUM PROJECTS.
ITEMS 85 - 86 FROM THE PLANNING COMMISSION MEETING OF JANUARY 10, 1994
INFORMATION ONLY - APPEAL PERIOD ENDS JANUARY 20, 1994:
85.
170: TENTATIVE TRACT MAP NOS. 12696 AND 12697 AND SITE PLAN:
OWNER: Presley Co. of Southern California, Attn~ Richard Sohne,
Corporate Plaza, Newport Beach, CA 92660
19
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City Hallt Anaheim, California - COUNCIL MINUTES - JANUARY 11, 1994 - 5:00 P.M.
AGENT: David A. Boyle Engineering, Attn: Joe Boyle, 2098 Grand Avenue,
SA, Santa Ana, CA 92705
LOCATION: Property is approximately 26.7 acres located at the northwest
corner of Horizon View Drive and Sunset Ridge Road.
Petitioner requests approval of one 13-lot (including 4 lettered lots)
240-unit condominium subdivision and one 8-lot (including 4 lettered
lots) 168-unit condominium subdivision and final site plan in order to
establish a 408-unit condominium subdivision within Development Area 7
of The Highlands at Anaheim Hills Specific Plan (SP87-1).
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED Tentative Tract Map Nos. 12696 and 12697 and Site Plan.
APPROVED Negative Declaration.
B6. 179: RECLASSIFICATION NO. 93-94-05, CONDITIONAL USE PERMIT NO. 3655,
VARIANCE NO. 4241, TENTATIVE TRACT NO. 14866 AND MITIGATED NEGATIVE
DECLARATION:
OWNER: Anaheim Redevelopment Agency, 201 South Anaheim Boulevard,
Anaheim, CA 92805
AGENT: Kaufman and Broad, 180 N. Riverview Drive, Ste 300, Anaheim, CA
92808
LOCATION: Property consists of approximately 20 acres generally bounded
by Lincoln Avenue to the north, East Street to the east, Broadway to the
south and the Atchison-Topeka and Santa Fe Railroad right of way to the
west.
RECLASSIFICATION NO. 93-94-05~ Portion A - Subject property is
approximately 13.75 acres. Petitioner requests reclassification from
the RM-1200, CL, RM-2400, RS-7200, and ML zones to the RM-3000 or a less
intense zone. Portion B - Subject property is approximately 5.68 acres.
Petitioner requests reclassification from the RM-1200, RM-2400, RS-7200
and ML zones to the RM-2400 zone or a less intense zone.
CONDITIONAL USE PERMIT NO. 3655~ Portion B - To permit a 2-story, 65-
unit, RM-2400 condominium development with waiver of lots abutting a
public street, maximum fence height, required recreation leisure area,
minimum structural setback and Council Policy No. 542.
VARIANCE NO. 4241~ Portion A - To construct a 2-story, 87-unit detached
condominium development with waiver of lots abutting a public street,
maximum fence height, permitted residential structures, minimum distance
between parallel walls and Council Policy No. 542.
TENTATIVE TRACT MAP NO. 14866: Petitioner further requests approval of
87 single-family residential lots, an 8-lot, 65-unit air space
condominium subdivision and 4 lettered lots.
ACTION TAKEN BY THE PLANNING COMMISSION:
NOTE: R93-94-05, CUP 3655, AND VARIANCE 4241 HAVE A 22-DAY APPEAL
PERIOD, AND WILL APPEAR ON THE CITY COUNCIL AGENDA OF 2/1/94.
APPROVED TENTATIVE TRACT MAP NO. 14866.
SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS:
The City Attorney announced that it is appropriate at this time for all those
intending to testify at any or all of the public hearings including staff be
sworn in at this time.
Those testifying were requested to stand by the City Clerk and asked to raise
their right hand. The oath was then given.
D1. 175: PUBLIC HEARING - FORMATION OF UNDERGROUND DISTRICT NO. 10, HARBOR
BOULEVARD - LA PALMA AVENUE TO SR91 FREEWAY:
11
City Hall. Anaheimt California - COUNCIL MINI~TE$ - JANUARY lit 1994 - 5:00 P.M.
Underground District No. 10 is being created to provide for the
undergrounding of all overhead utilities to take place in accordance
with the Public Utilities Department's Conversion Program Five-Year Plan
which was approved by the Public Utilities Board and City Council in
December, 1992.
LOCATION - Harbor Boulevard for approximately 2,200 feet, from La Palma
Avenue to the SR-91 Freeway on-ramp.
Submitted was report dated January 11, 1994 from the Public Utilities General
Manager reconunending that the Council, by resolution, create the subject
underground district in accordance with the requirements of Chapter 17.24 of
Title 17 of the Anaheim Municipal Code relating to underground utilities.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - December 30, 1993
Mailing to property owners within 300 feet - December 23, 1993
Posting of property - December 29, 1993
Brian Brady, Assistant General Manager-Electric Services. He described the
area as outlined on the displayed map as well as in the slides which
supplemented his presentation. It is 2200 feet of Harbor Boulevard from the
critical intersection at La Palma and Harbor up to the 91 Freeway. As.noted
on the description, the construction period is from September 19, 1993 until
June, 1994 including the bid process and awarding of the construction bids.
It includes conversion of one city 69ky circuit, and two 12ky circuits. Also
included are Edison electrical facilities, Pacific Bell and Cable TV all of
which will be putting their facilities underground according to ordinance at
the cost of each of the agencies involved. The total cost of the project is
$900,000. About $100,000 is the City's estimate of Edison's cost.
Mayor Daly opened the public hearing and asked to hear from anyone who wished
to speak.
Terry Kerr, Area Manager,. Southern California Edison, 1851 W. Valencia,
Fullerton. Southern California Edison objects to the formation of the
District on the basis of the City's expectation that Edison would fund the
underground conversion of its facilities and, therefore, they asked to be
exempt from the district.
There being no further persons who wished to speak, Mayor Daly closed the
public hearing.
Council Member Pickler. From what he understands, Mr. Kerr is saying that
Edison is saying they are refusing to underground a portion at their own cost.
He asked what would be the effect if they left the Edison facilities above
ground.
John Lower, Traffic and Transportation Manager. Besides violating the City
undergrounding ordinance, Edison facilities will continue to impair vehicular
and pedestrian visibility which has contributed to the Harbor Boulevard
intersections at La Palma and at Romneya ranking among the 25 highest traffic
accident locations Citywide. These high rankings may be due to the 40-plus
power poles located within one-foot of the curb travel lanes. These poles for
overhead facilities block drivers sight distance at the many driveways along
this segment of Harbor, contributing to traffic congestion as well as to the
high accident rankings.
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City Hallr Anaheim, California - COUNCIL MINUTES - JANUARY 11, 1994 - 5:00 P.M.
They constrain the planning for future consolidated driveway locations as
redevelopment proceeds. Therefore the poles may have an adverse economic
impact on the Redevelopment Agency project.
Council Member Pickler. He surmised then if the Edison facilities were to
remain overhead in District 10, they may be an obstruction to the public use
of the City's streets and may also present a danger under certain
circumstances; Mr. Lower answered that was correct.
Council Member Feldhaus. Based on the testimony the Council has heard, in
addition to adopting the proposed Resolution, he would also move that the City
order Edison to either remove its overhead facilities in District 10 or
underground them at Edison's cost pursuant to City Franchise No. 543.
Mayor Daly. He would agree with the request of staff. It is very appropriate
in the light of the City's on-going efforts.
City Attorney White. He asked for confirmation that Council Member Feldhaus
offered both the resolution and the motion.
Council Member Feldhaus answered yes. He believes Edison has set aside funds
to accomplish these kinds of problems; Mr. Brady confirmed that they do.
Council Member Feldhaus confirmed the following actions which he offered=
Resolution No. 94R-3 for adoption, creating Underground District No. 10
(Harbor Boulevard - La Palma Avenue to SRgl). Refer to Resolution Book.
RESOLUTION NO. 94R-3: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
CREATING UNDERGROUND DISTRICT NO. 10 (HARBOR BOULEVARD - LA PALMA AVENUE TO
SR-91).
Roll Call Vote on Resolution No. 94R-3 for sdoption~
AYES= COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
NOES= COUNCIL MEMBERS: None
ABSENT= COUNCIL MEMBERS: None
The Mayor declared Resolution No. 94R-3 duly passed and adopted.
MOTION: Council Member Feldhaus moved that the City order Edison to either
remove its overhead facilities in District 10 or underground them at Edison's
cost pursuant to City Franchise No. 543. Council Member Pickler seconded the
motion. MOTION CARRIED.
Cl. COUNCIL COMMENTS:
114: ORANGE COUNTY'S NEW NO-SMOKING ORDINANCE:
Council Member Pickler. He understands the County has recently passed a
no-smoking ordinance, the provisions of which will take effect over a period
of years. He would like to have staff look at the ordinance with the
possibility in mind of adopting either something similar or the same ordinance
which in the years to come will assist in eliminating hazards to the public of
second-hand smoke. He is asking that a report be submitted so that the
Council can discuss the matter in the future.
There was no objection from other Council Members to the request; City
Attorney White. If it meets with Council approval, he will take the
responsibility of preparing the report.
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City Hallt Anaheim, California - COUNCIL MINUTES - JANUARY 11, 1994 - 5500 P.M.
174: STATUS OF FEDERAL GRANT TO PROVIDE ADDITIONAL POLICE OFFICERS:
Council Member Pickler asked the status of the Federal Grant which could mean
more Police Officers for the City. Some cities were approved in the first
round but not Anaheim.
City Manager Ruth. The City was notified last week that rounds two and three
of the Criminal Justice Grant will be combined and the Federal Government will
be making those decisions and awards on February 1, 1994. It is his intent to
come back to the Council with a plan and recommendation at the very next
meeting after the February 1, 1994 date.
155: WEST ANAHEIM PLANNING IMPROVEMENT PROJECT:
Mayor Daly. A few months ago, staff work was completed on the West Anaheim
Planning Improvement project which the Council discussed at a previous
meeting. They have had an opportunity to read the report and absorb it. He
asked if there was any further policy direction the City Manager needs from
the Council to proceed with some of the West Anaheim projects, the planning
and improvement staff had in mind.
City Manager Ruth. He will go back and discuss the matter further with staff.
If they can identify areas where they need more policy direction, they will
give the Council a report. Many of the items are in the process of being
implemented but he will be happy to come back with a report. Further, Lisa
Stipkovich and her staff are in the process of forming more neighborhood
councils in the area.
%0~: APPOINTMENT TO THE ORANGE COUNTY VECTOR CONTROL DISTRICT:
City Clerk Sohl referred to letter dated November 19, 1993 from the Orange
County Vector Control District noting that the term of Mr. Len Lawicki had
expired on the Board as of December 31, 1993. The letter had just recently
reached her office and further asks that the Council either reappoint
Mr. Lawicki or a successor for either a two- or four-year term. It is
necessary at this time to notify the District of the Council's intent that
Mr. Lawicki continue in that post in the meantime. The matter will then be
before the Council for a decision at the Council meeting of January 25, 1994.
There was no disagreement that the Council's intent was to have Mr. Lawicki
remain in the position until further action is taken.
ADJOURNMENT: By general consent the Council adjourned. (7:06 p.m.)
No Council meeting is scheduled for Tuesday, January 18, 1994.
LEONORA N. SOHL, CITY CLERK
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