1994/07/19¢£t¥ Ha~10 ~mhe~mf Cs~£forn£a - COUNCIL MIN%~TES - July 19, 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, Daly
COUNCIL MEMBERS= Hunter
CITY MANAGER= James Ruth
CITY ATTORNEY= Jack White
CITY CLERK= Leonora N. Sohl
ASSISTANT CITY CLERK= Ann M. Sauvageau
UTILITIES GENERAL MANAGER= Edward Aghjayan
GANG/DRUG PREVENTION MANAGER= Steve Swaim
POLICE CHIEF= Randall Gaston
CODE ENFORCEMENT MANAGER= John Poole
PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT=
ASSOCIATE PLANNER= Greg McCafferty
Chris Jarvi
A complete copy of the agenda for the meeting of the Anaheim City Council was
~osted at 3=35 p.m. on July 15, 1994 at the Civic Center kiosk, containing all
items as shown herein.
Mayor Daly called the workshop portion of the meeting of July 19, 1994 to
order at 3=15 p.m., all Council Members being present with the exception of
Council Member Hunter.
City Manager James Ruth. He introduced the first portion of today's workshop
on Telecommunications to be given by the Public Utilities General Manager.
The Utilities Department has been working in cooperation with Community
Development and other departments in the City on Telecommunications
opportunities.
175= T~lecomm~nlcation Opportunities - Citvwide Telecommunications Task
Force/Utilities=
Mr. Ed Aghjayan, Public Utilities General Manager. He first reported that
approximately ten years ago there was one major telecommunications company
that controlled the telecommunications industry in the state. Now, there are
255 telecommunications companies that are ready to do business in California.
Mr. Aghjayan then gave his presentation on telecommunications opportunities in
the City supplemented by slides, hard copies of which were submitted to the
Council (made a part of the record). The topics covered and briefed were=
information handling (the differences/rate between copper cable, coaxial
cable, fiber optic cable), fiber optics capabilities, fiber optics projects
and estimated completion dates, reasons for creating a Telecommunications
Task Force, task force activities since its formation in January, 1994,
guiding principles (principles the Utilities Department is asking the Council
to adopt at the S~00 p.m. portion of the Council Meeting - (Item A28), City
options (whether the City will be a spectator, facilitator, partner or
provider), revenue/risk analysis of each option, the next steps to be taken
(adopt principles, establish a Policy Advisory Committee - a co~mittee to
recommend policy/strategy/options), and a reaffirmation of the six guiding
principles.
At the conclusion of his presentation, Mr. Aghj'ayan stated relative to the
revenue/risk analysis, staff is going to be weighing all the options against
the guiding principles that were submitted to the Council. The next step is
asking the Council to adopt the principles. Staff feels they have gone as far
as they can go. They have recommended in Staff Report dated July 19, 1994,
submitted in the council packet under Item A28 on tonight's agenda, that the
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C£t¥ Rail. Anahe£m~ Califor~n - COUNCIL NINUwZS - July 19~ 1994 - 5:00
Council adopt the guiding principles policy for development of a
telecommunications system for the City and to direct the formation of a short
term ad hoc Telecommunications Policy Committee. The Committee will be
charged with reviewing all alternatives and making specific recommendations to
the Council regarding the telecommunications system within the next 120 days.
He then outlined the suggested representation on the Committee. (See page 2
of the subject Staff Report)
Council Members then posed questions to Mr. Aghjayan regarding the Committee
makeup, what alternatives staff might be leaning toward (from spectator to
provider), if Anaheim is ahead of the cities in Orange County relative to its
entry into telecommunications, etc.
A further discussion was held relative to the process of selection of the
members of the Telecommunications Policy Committee. Mayor Daly noted the
recommended action is to include two Council Members, two members of the
Public Utilities Board, one member of the Planning Commission, one member of
the Community Redevelopment Commission, one member of the Library Board as
well as key department managers and staff necessary to carry out the mission
of the Committee. He asked Mr. Aghjayan if he had anyone in mind at this time
or is he asking for volunteers; Mr. Aghjayan answered they do not have anybody
in mind.
Mayor Daly. He suggested before the Committee begins to meet that the names
of the members be submitted to the Council so that they will know who is going
to be serving. He is certain if they solicit interest from the commissioners,
they will undoubtedly get volunteers.
Ed Aghjayan. He asked if the Council would rather have them come back with a
list of 3 or 4 names from each commission of those members interested or for
each commission to designate who they would put on the committee and then
bring the 7 names back to the Council.
Council Member Simpson stated that he would prefer the latter. This was the
general Council consensus.
The workshop on Telecommunications Opportunities was concluded.
city Manager Ruth. The second workshop presentation today is on the
Neighborhood Improvement Process to be presented by Steve Swaim with input
from other staff members.
161: Neiahborhood Improvement Process:
Mr. Steve Swaim, Gang/Drug Prevention Manager. The presentation is to discuss
a new concept for improving the quality of life in those neighborhoods
considered isolated from the main stream of the co~nunity. The
characteristics of such neighborhoods are crime, deteriorating housing,
overcrowded living conditions and other socio-economic problems. The purpose
of the process is first to identify the neighborhoods where those conditions
exist and subsequently creating and implementing a plan to improve the quality
of life. Mr. Swaim's presentation (supplemented by slides) focused on giving
the background of the project stemming from the Jeffrey-Lynne experience in
1989 to the Gang-Drug Citizens Task Force Report in 1992, the five phase
process to be implemented briefing each phase (including neighborhood
profiles, analysis of crime statistics, identification of neighborhood
leadership, characteristics and community resources, facilitation of
neighborhood meetings, development of neighborhood leadership and a
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C£tv Ha~. AnaheSm, C&~$forn£a - CouNc~L MINUTES - July 19. 1994 - 5500 P.M.
neighborhood action plan such as the one just submitted to the Council on the
Guinida Lane and Haster/Orangewood Neighborhoods, the organizational chart for
the improvement process, maintenance plan and implementation plan). He also
briefed the program structure and how it involves his office, funding and the
neighborhoods currently targeted (Jeffrey-Lynne, Avon-Dakota, Guinida Lane,
Haster/Orangewood, Ana Drive, and another to be added, Beach Blvd). Slides
were presented of both the Jeffrey-Lynne and Avon-Dakota area showing
conditions before and then after concerted efforts in partnership with the
property owners and residents had taken place resulting in a positive outcome
making for a better quality of life for all.
Following Mr. Swaim's presentation, Police Chief Randall Gaston's extensive
presentation discussed the involvement of the Community Policing Team in the
process noting that it is more than just a partnership - it is working hand-
in-hand with all City departments and property owners including groups such as
AIM (Anaheim Involved Managers) as well as the REACT Program (a rental
property management training class) initiated by the Police Department. The
Conununity Policing Officers have also visited a number of cities to see what
works in other places. He then explained the various phases in the community
policing efforts in the targeted areas to where the areas reach a point of
self-help and subsequently the police are able to maintain those areas along
with the diligence of the property management in those areas. They will be
adding 4 officers to the Community Policing Team to enable the department to
add 4 additional areas of the City. The key is how closely they have worked
as a city family along with the schools since most of the areas are close to
and in some cases immediately adjacent to an elementary school. There is also
more involvement from the religious community who are providing some after
school programs where no means existed to previously provide such programs.
John Peele, Code Enforcement Manager. In addition to the characteristics Mr.
Swaim mentioned, the neighborhoods all have absentee property owners, poor
management, low income property owners, overcrowding and deferred maintenance.
Over the years, they have looked at methods that would more readily address
the problems of these neighborhoods but they cannot do it alone. Mr. Peele's
comments then outlined programs Code Enforcement has instituted proven to be
successful especially in combatting graffiti. He emphasized that his
department has taken on the role of problem solver and facilitator and they
try to offer solutions using the simplest approach. He briefed the Council on
the efforts of Code Enforcement in bringing about neighborhood improvement.
Steve Swaim. In concluding, he reaffirmed what they are trying to do. They
have seen the role of local government changing into that of facilitator where
both City Hall and the coeununity identify issues and solutions and all work
together to implement the solutions. He feels they are on the right track.
0uostions wore then posed by Council Members relative to tho process which
were answered by Hr. Swaim. He also clarified for the Mayor that Staff will
be providing reports/summaries to the Council of the progress being made
relative to the neighborhood improvement process and the specific
neighborhoods perhaps on a quarterly basis.
Mayor Daly. He thanked Staff for the presentation and on behalf of the
Council, he commended Staff for the work they are doing. The Council will be
very interested in receiving progress reports. Later in the meeting, the
Mayor again commended City Manager Ruth and Staff for their presentation and
for the work they are doing on a most challenging conununity problem.
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C~tv Ball~ &uaheim. C&l£forn~a - COUNCIL MINUTES - ~ul¥ 19, 1994 - 5~00 P.M.
REOUEST 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:
A Mr. Charles Gauthier spoke at this time. It was determined, however, that
his comments did not relate to any Closed Session Items. He was asked to give
his comments under items of public interest at the Ss00 p.m. portion of the
meeting.
City Attorney White. The following items are to be considered at the Closed
Session:
CONFERENCE WITH LEGAL COUNSEL pURSUANT TO GOVERNMENT CODE SECTION
54956.9~a) - EXISTING LITIGATION=
Name of case= Golden West Baseball v. City of Anaheim et al., Orange
County Superior Court Case No. 40-92-46
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9~a) - EXISTING LITIGATION=
Name of cases Anaheim Stadium Associates v. City of Anaheim et al,
Orange County Superior Court Case No. 73-26-65.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9¢a) - EXISTING LITIGATION=
Name of Case= Rodriguez v. City of Anaheim, et al., Orange County
Superior Court Case No. 69-17-73.
4m
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION=
Significant exposure to litigation pursuant to subdivision (b) of
Section 54956.9= 3 potential casess
(1) In 1988 the City contracted to dispose of 400 gallons of fuel oil at
the Mountaineer Refinery in La Barge, Wyoming which is now an EPA
cleanup site. The City has been identified as a potential litigant as a
de minimis contributor to the site.(2) The Orange County Register has
discussed a possible challenge to Ordinance No. 5407 which prohibits
hawkers from selling newspapers and other items to vehicles while
standing in the roadway of a public street.
(3) Owners of property along the Santa Fe railway corridor/Northfield
area have discussed possible litigation concerning train noise.
CONFERENCE WITH LABOR NEGOTIATOR=
Agency Negotiator= David Hill
Employee organizations IBEW, Local 47
REcEss: Council Member Daly moved to recess into Closed Session. Council
Member Simpson seconded the motion. Council Member Hunter was absent. Motion
Carried. (4=26 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present with the exception of Council Member Hunter and welcomed those
in attendance to the Council Meeting. (5=35 p.m.)
INVOCATIONs Reverend Bob Kuest, Anaheim First Christian Church, gave the
invocation.
FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
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City Hall, P~BeJ. m0 California - COUNCXL MXNIFTES - ~ulv 19, 1994 - 5~00 P.M.
Moment of Silence= Council Member Pickler asked for a moment of silence on
the passing of Bob Kazarian, an active and dedicated member of the Anaheim
community and first a member and then past Chairman of the City's Public
Utilities Board since 1987.
1~9= PRESENTATIONS= There were no presentations.
119: THE FOLLOWING RECOGNITION WAS AUTHORIZED BY THE CITY COUNCIL THIS DATE
TO BE MAILED OR PRESENTED AT ANOTHER TIHE=
Declaration recognizing the late Bob Kazarian for his contributions to the
City of Anaheim.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,230,252.22 in
accordance with the 1994-95 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelo~ent
Agency and Housing Authority meetings. (5~40 p.m.)
Mayor Daly reconvened the City Council meeting. (5=42 p.m.)
ADDITIONS TO THE AGENDA= There were no additions to agenda items.
IT~_.~R OF PUBLIC INTEREST=
Leonard Lahtinen, 2731 W. Savoy Place, Anaheim. He had the opportunity to
attend the workshop which took place earlier today on the Neighborhood
Improvement Process. He was pleased to hear reports from staff on all the
positive things that are happening or that will be implemented. However, he
feels there is a gap in the process. For the last several months, he along
with others have been trying to get help and make progress in getting a
neighborhood organization underway in West Anaheim (Beach Boulevard Concerned
Citizens Group). The report this afternoon seemed to focus entirely on
apartment areas. His concern is for the non-targeted neighborhoods,
particularly single family areas. There appears to be a neglect in providing
help for single f~mily areas. In West Anaheim,-these are the areas where
people are putting up 'for sale" signs and fleeing the City because of what is
happening in those single family neighborhoods. He hopes that the City will
reconsider its targeting of neighborhoods to include single family areas in
West Anaheim as well. As a homeowner in a single family neighborhood looking
for help from the City, he asked who the residents should contact. He has
been passed on to various members of staff. He is aware of at least three and
possibly four single-family neighborhoods that want to get organized and work
with the City. They need help and need a contact from City staff to work
with.
Later in the meeting under Council Co~nents (7=15 p.m.), Council Member
Pickler, after Mayor Daly noted the work staff has accomplished in the
Neighborhood Improvement Process, stated that earlier in the meeting, Mr.
Lahtinen expressed concern that the City is only targeting apartment areas and
not single-family areas that also need help.
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City Hall. Knahe£mr Cal£forn£a - COUNCIL MINUTES - July 19, 1994 - 5=00 P.M.
City Manager Ruth. He explained staff is not staying out of single family
areas but clearly the areas of highest crime and the other problems outlined
are the apartment areas. He assured the Council that staff is going to
address single family areas as well. He will also be happy to meet with Mr.
Lahtinen to get his input and his concerns.
Charles Gauthier, 866 S. Philadelphia, Anaheim. His focus is on children and
he is interested in the parks and programs especially geared to children.
Bill Taormina. He wanted to celebrate a new business in downtown Anaheim. He
thereupon introduced Mr. Thai Nugyen.
Thai Nugyen. He is very happy to do business in Anaheim. They are in the
automobile business and have several shops. He hopes to be located in Anaheim
for many years. He's going to leave a brochure which explains his business.
PUBLIC cOMMENTS - AGENDA ITEMS= There was a public comment on Item A28 (see
discussion under that item).
MOTION= Council Member Daly moved to waive reading in full of all ordinances
and resolutions to be acted upon for the Council meeting of July 19, 1994.
Council Member Simpson seconded the motion. Council Member Hunter was absent.
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-169 through 94R-178, both inclusive, for
adoption. Council Member Pickler offered Ordinance No. 5436 for Introduction.
Refer to Resolution/Ordinance Book.
Al. 118= The following claims were filed against the City and action taken
as recommended=
Claims re~octod and referred to Risk Managements
a. Claim submitted by Ca~men Vasquez through her Cuardian, Alma Vasquez,
c/o Dale J. Peroutka, Esq. for bodily injury sustained purportedly due to
actions of the City on or about November 10, 1993.
b. Claim submitted by Diana Vasquez by and through her Guardian Alma
Vasquez for bodily injury sustained purportedly due to actions of the City
on or about November 10, 1993.
c. Claim submitted by Alma Vasquez, c/o Dale J. Peroutka, Esq. for bodily
injury sustained purportedly due to actions of the City on or about
November 10, 1993.
396
City Ballr &nahail~ California - COUNCIL MINUTES - July 19~ 1994 - 5:00 P.M.
d. Claim submitted by Melanie Michael through her Guardian Elvira
Salazar, c/o Dale J. Peroutka, Esq. for bodily injury sustained
purportedly due to actions of the City on or about November 10, 1993.
e. Claim submitted by Thomas Joseph McCormick for property damage
sustained purportedly due to actions of the City on or about May 21, 1994.
f. Claim submitted by Darrell E. Davis, c/o Charlotte J. Adams, Esq. for
bodily injury sustained purportedly due to actions of the City on or about
December 30, 1993.
g. Claim submitted by Benny Rapp, Jr., c/o John C. Adams, Esq. for bodily
injury sustained purportedly due to actions of the City on or about
December 30, 1993.
h. Claim submitted by United Pacific Dominion Construction, Inc., c/o
Larry S. Zeman, Esq. for property damage sustained purportedly due to
actions of the City on or about September 1, 1993.
i. Claim aubmitted by Scott Brady, Susan Brady, Matthew Brady and
Nicolette Brady, c/o George J. Mankiewicz, Esq. for bodily injury
sustained purportedly due to actions of the City on or about December 7,
1993.
j. Claim submitted by Richard Castro and Bertha Castro, c/o Gerald Grass,
Esq. for indemnity purportedly due to actions of the City on or about
December 20, 1992.
k. Claim submitted by Steve Xenos and Michael Vourakis, c/o Patrick C.
Carroll, Eaq. for damages or injury to person or personal property
sustained purportedly due to actions of the City on or about December 2,
1993 through June 2, 1994 and for damages to real property or contract
breach on or about June 2, 1993 through June 2, 1994.
1. Claim submitted by Anna Quiroz, c/o Leon R. McKittrick, Esq. for
bodily injury sustained purportedly due to actions of the City on or about
December 10, 1993.
m. Claim submitted by Joyce Read for bodily injury sustained purportedly
due to actions of the City on or about December 10, 1993.
n. Claim submitted by Jeannine M. Gill for bodily injury sustained
purportedly due to actions of the City on or about May 4, 1994.
o. Claim submitted by Louise H. Kerr for bodily injury sustained
purportedly due to actiong of the City on or about May 21, 1994.
p. Claim submitted by Barry T. Ward for property damage sustained
purportedly due to actions of the City on or about June 6, 1994.
Application for leave to present late claim deniedl
a. Claim submitted by Rigoberto Monteon, c/o Arturo L. Nieto, Esq. for
bodily injury sustained purportedly due to actions of the City on or about
November 2, 1993.
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City Ha11~ Anaheim, California - COUNCIL MINUTES - July 19, 1994 - 5:00 P.M.
b. Claim submitted by Susan Elizabeth Christian, c/o Ferlita Chiropractic
for bodily injury sustained purportedly due to actions of the City on or
about July 2, 1993.
A2. 105: Receiving and filing minutes of the Public Utilities Board meeting
held June 2, 1994.
105: Receiving and filing minutes of the Community Redevelopment Commission
meetings held May 25, 1994, and June 8, 1994, and a special meeting held
June 1, 1994.
A3. ~76: RESOLUTION NO. 94R-169: ARESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS, AND SERVICE EASEMENTS, AND SETTING THE DATE AND TIME FOR A PUBLIC
HEARING TO CONSIDER ABANDONING TWO ELECTRICAL EASEMENTS LOCATED SOUTH OF BALL
ROAD (Disneyland) (Abandonment 94-5A, and Abandonment No. 94-6A) (Suggested
public hearing date: August 16, 1994, 6:00 p.m.)
A4. 169: RESOLUTION NO. 94R-170: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO
ALLOCATE COMBINED TRANSPORTATION PROGRAM FUNDS, IN THE AMOUNT OF $198,990 FOR
HARBOR BOULEVARD/CHAPMAN AVENUE INTERSECTION IMPROVEMENT.
AS. 169: RESOLUTION NO. 94R-171: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO
ALLOCATE COMBINED TRANSPORTATION PROGRAM FUNDS, IN THE AMOUNT OF $178,182 FOR
ORANGETHORPE AVENUE BETWEEN RAYMOND AVENUE AND LEMON STREET.
A6. 169: RESOLUTION NO. 94R-172: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO
ALLOCATE COMBINED TRANSPORTATION PROGRAM FUNDS, IN THE AMOUNT OF $166,976.10
FOR LINCOLN AVENUE BETWEEN MAGNOLIA AVENUE AND BEACH BOULEVARD.
A7. 134: RESOLUTION NO. 94R-173: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY
OF ANAHEIM. (Affirms that the City's General Plan Circulation Element is in
conformance with the County's Master Plan of Arterial Highways.)
AS. 155: Approving a Mitigated Negative Declaration, pursuant to CEQA
findings, for the construction of the Harbor Boulevard and Lemon Street Split
Diamond Interchange on State Route 91 in the cities of Anaheim and Fullerton.
Ag. 160: Accepting the low bid of Morrow Microcomputer, in an amount not to
exceed $28,420 for computer maintenance and support services for the North Net
Agency (previously Net 4 Fire Training Communications Center), in accordance
with Bid 25289.
AIO. 123= Accepting the low bid and authorizing the execution of an
Agreement with Landscape West, in an amount not to exceed $160,776 for
exterior landscape services for Anaheim Stadium, Amtrak Station, and Anaheim
Convention Center, for a period of two years beginning October 1, 1994 through
September 30, 1996 with three optional one-year extensions, in accordance with
Bid 25254.
All. 160= Waiving Council Policy 306, and authorizing the Purchasing Agent
to issue a purchase order to Motorola Communications, in the amount of $23,688
for the repair and maintenance of 94 mobile data terminals in Police vehicles,
for a one year period beginning July 1, 1994.
398
COUNCIL MINUTES - July 19, 1994 - 5:00 P.M.
A12. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent
to issue a purchase order to Altec Industries, in the amount of $251,989 for
one truck-mounted, underground cable puller. (Public Utilities Department)
Al3. 117: Receiving and filing a Summary of Investment Transactions for the
month of June, 1994, as submitted by the City Treasurer.
A14. 1~3: RESOLUTION NO. 94R-174: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN
TWO YEARS OLD. (Finance - accounts payable records. )
A15. 108: ORDINANC~ NO. 5436 - ~NTRODUCTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SECTION 2.12.030 AND ADDING ~ECTION 2.12.120 TO CHAPTER 2.12
OF TITLE 2 OF THE ANAHEIM MUNICIPAL CODE RELATING TO CONFIDENTIALITY OF
TRANSIENT OCCUPANCY TAX RETURNS AND ENFORCEMENT OF CHAPTER.
A16. 123: Approving the designation of depositories and the establishment of
accounts with said depositories, and authorizing the City Treasurer to open
accounts for the purchase and sale of securities and money market instruments,
and authorizing the City Treasurer to sign all final Banking and Custodial
contracts after receiving approval from the City Attorney's Office.
City Manager Ruth. This item was originally listed as a resolution but
approval is to be by motion.
123: Authorizing the City Treasurer to enter into agreements with First
Interstate Bank as the pti/nary depository and custodial bank, and Bank of
America for processing of credit card transactions for the City for the term
of July 1, 1994, 'through June 30, 1999.
A17. 184: Reviewing the need for continuing the Fourth Proclamation of the
Existence of a Local Emergency issued by the Director of Emergency Services on
April 5, 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.
A18. 184: Reviewing the need for continuing the Second Proclamation of the
Existence of a Local Emergency issued by the Director of Emergency Services on
April 5, 1994, concerning damage within the City of Anaheim resulting from the
Northridge Earthquake occurring on January 17, 1994~ and taking no action to
terminate the local emergency at this time.
A19. 158: P~SOLUTION NO. 94R-175: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTIES OR INTERESTS THEREIN TO THE CITY.
A20. 177: Approving revisions to the City's Residential Rehabilitation
Programs as specified in the Executive Summary~ and designating certain areas
of the City, in accordance with HUD guidelines.
A21. 116: Approving the funding recommendations, training categories,
selection of new JTPA service providers and vendors for the period from July
1, 1994 through June 30, 1995, in accordance with Exhibit 1; and authorizing
the JTP Manager to execute the necessary subcontract agreements and also any
modifications. Approving a one year extension of current vendors, in
accordance with Exhibit 2 for the delivery of services through June 30, 1995.
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A22. 153: ORDINANCE NO. 5433 - ADOPTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF
THE CITY OF ANAHEIM AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM. (Effective July 1, 1996 for Safety employees.)
(Introduced at the meeting of July 12, 1994, Item A24.)
A23. 113: RESOLUTION NO. 94R-176: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN
TWO YEARS OLD. (Human Resources Department).
A24. 123: Approving a First Amendment to Agreement with Occu-Med, Inc., to
continue their services through June 30, 1995, in the area of occupational
health and medical standards, including pre-placement medical examination and
quality assurance services.
A25. 160= Waiving Council Policy 306, and approving the purchase of
replacement telecommunications equipment from the Digital Equila~ent
Corporation, in the amount of $87,904 for the Library Department~ and amending
the FY 94/95 budget by increasing revenue and expenditures in fund 217, agency
208, in the amount of $103,504.
A26. ~1~: RESOLUTION NO. 94R-177: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN
TWO YEARS OLD. (Public Utilities Department.)
A27. 123: Waiving Council Policy 401, and authorizing an Agreement with ADT,
Inc., in an amount not to exceed $25,000 for contract programming and/or
consulting services pertaining to the Police Department Criminal Activity
Tracking System.
123~ Waiving Council Pol£cy 401, and authorizing an Agreement withAMS, Inc.,
in an amount not to exceed $150,000 for contract programming and/or consulting
services pertaining to the City Wide Financial System (AFRAM).
123: Waiving Council Policy 401, and authorizing an Agreement with HTE, Inc.,
in an amount not to exceed $150,000 for contract programming and/or consulting
services pertaining to the Utilities Department new Customer Information
System (CIS).
123: Waiving Council Policy 401, and authorizing an Agreement with Sizemore
Computer Services, in an amount not to exceed $100,000 for contract
programming and/or consulting services pertaining to the Utilities Department
current Customer Information System (TRES).
A28. 175: RESOLUTION NO. 94R-178= A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ADOPTING GUIDING PRINCIPLES POLICY FOR DEVELOPMENT OF A
TELECOMMUNICATIONS SYSTEM FOR THE CITY OF ANAHEIM.
Jeff Kirsch, 2661 W. Palais, Anaheim. He was unable to attend the workshop
this afternoon. When the Telecommunications Policy Committee is established,
since Anaheim is the center of h£gh-tech industry, he feels there is probably
a large base of residents who would be interested in the formation of
telecommunications guidelines. He did not see in the material anything about
a representative from the general public on the committee.
Mayor Daly. He explained that the matter was discussed at the workshop. A
decision has not yet been made on the final makeup of the committee and Mr.
Kirsch's point is well taken.
400
Anaheim, California - COUNCIL NZNUTE8 - July 19, 1994 - 5:00
Mr. Kirsch also referred to a brochure from the City of Diamond Bar reporting
what they were doing relative to providing agendas and other city information
on-line that can be accessed by the public; Mayor Daly asked that Mr. Kirsch
submit the data to the City Manager's Office.
105: Directing the formation of a short duration, ad hoc "Telecommunications
Policy Committee" to advise the City Council on specific telecommunications
issues, and appoint Committee members.
Roll Call Vote on Resolution Nos. 94R-169 throuah 94R-178. both inclusive, for
adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Simpson, Pickler, Daly
None
Hunter
The Mayor declared Resolution Nos. 94R-169 through 94R-178, both inclusive,
duly passed and adopted.
Roll ~11 Vote on Ordinance Nos. 5433 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS
COUNCIL MEMBERS
COUNCIL MEMBERS
Feldhaus, Simpson, Pickler, Daly
NOne
Hunter
The Mayor declared Ordinance Nos. 5433 duly passed and adopted.
· ND OF CONSENT ~L~WDAR. MOTXON~tltRXED.
A29. 105: BOARDS/COMMISSIONS-APPOINTMENT/REAPPOINTMENT TO TERMS EXPIRING
JUNE 30. 1994:
This item was continued from the meetings of June 28th and July 12, 1994 to
this date.
Mayor Daly. He asked, if the desire of the Council is to reappoint current
members, can the Council do so in one motion.
City Attorney Jack White. According to the rules, the Council is required to
make nominations. If they want to nominate all or a majority, they can do so
and then vote on all in one action if that is agreeable.
Mayor Daly. The approach he wants to take - he would like to treat the Budget
Advisory Commission, Library Board and Senior Citizens Commission separately
and make all the other appointments together. In the case of the Library
Board and Senior Citizens, he feels they should continue these for two more
weeks to give the opportunity to discuss with the Chair of those two
commissions the current status of some of the members. In the case of the
Budget Advisory Con~nission (BAC), some vacancies need to be filled.
Council Member Daly thereupon nominated for reappointment all of the members
of the following commissions with terms expiring June 30, 1994: Community
Redevelopment Commission (Bostwick, McMillan), Community Services Board (Crow,
Lowry, Miser, Terrell, Vanderbilt, Yawn), Housing Commission (Ersek,
Valenzuela, tenant member), Park and Recreation Commission (Cherson, Wallace),
401
City Hall. Anahe/4a, California - COUNCIL MINUTES - July 19, 1994 - 5~00 P.M.
Planning Commission (Henninger, Peraza) and the Public Utilities Board
(McMillan, Schmahl) - all foUr year terms ending June 30, 1998. Council
Member Pickler seconded the nominations.
MOTIONs Council Member Daly moved that nominations be closed on the foregoing
boards/commissions. Council Member Pickler seconded the motion.
Before a vote was taken, Council Member Simpson stated previously there had
been a concern from some of the Council relative to people who sat on certain
boards and commissions who run for office. In the past, there was a motion
made which did not pass asking that members sitting on the Planning Commission
who filed for Council office be removed as a Planning Commissioner. He is
wondering if now the same sentiment prevails but obviously that is not the
case. He feels it is apparently a selective thought process and dependent
upon who the person is.
Mayor Daly. It may be an issue which can be taken up by a Charter Review
Co~nittee.
City Clerk Sohl reported that on the Park and Recreation Commission, since the
report was submitted to the Council, Mr. Cherson is no longer willing or able
to serve on that commission.
Mayor Daly. He will exclude Mr..Cherson from the foregoing nominations.
A vote was then taken on the motion closing nominations for all of the boards
and commissions as stated by CounCil Member Daly. Council Member Hunter was
absent. MOTION CARRIED.
Council Member Daly then moved for the unanimous appointment of all those
persons previously mentioned for all boards and co~missions except the Budget
Advisory Commission, Library Board and Senior Citizens Commission and the
Cherson seat on the Park and Recreation Co~mission. Council Member Simpson
seconded the motion, Council Member Hunter was absent. MOTION CARRIED.
The following were thereupon unanimously reappointed to their respective
boards and commissions for the term ending June 30, 1998~
COMMUNITY REDEVELOPMENT COMMISSION FOR NEW TERMS EXPIRING 6/30/98~ Paul
Bostwick and Paul McMillan
COMMUNITy SERVICES BOARD FOR NEW TERMS ~YPIRING 6/30/98= Dr. Bryan Crow,
June Lowry, Martha Miser, Jacquelyn Terrell, James Vanderbilt, Michael
Yawn.
HOUSING COMMISSION FOR NEW TE~MS EXPIRINC 6/30/98 AND 6/30/96~ Joseph
Ersek, term expiring June 30, 1998 and Jose Valenzuela, tenant member,
term expiring June 30, 1996.
PARK & RECREATION COMMISSION FOR N~W T~RMS EXpiRING 6/30/98: Gladys
Wallace.
PLANNING COMMISSION FOR NEW TERMS EXPIRING 6/30/98= Robert Henninger, A1
Peraza
PUBLIC UTILITIES BOARD FOR NEW TERMS EXPIRING 6/30/98~ R. J. McMillan,
Robert Schmahl
402
C£2v Hail, ~m~Be£m, ~a~ornSa - COUNCIL MINt,'TES - ~u1¥ 19, 1994 - 5~00 P.M.
On the Budget Advisory Coeunission, nominations were as follows:
Council Member Pickler nominated Dr. Robert Heuler~ Council Member Daly
nominated Shirley McCracken~ Council Member Feldhaus nominated Frank Ramirez
in place of Lynn Doty who indicated she did not wish to be considered for
reappointment.
MOTION~ Council Member Daly moved that nominations be closed on the Budget
Advisory Commission. Council Member Pickler seconded the motion. Council
Member Hunter was absent. MOTION CARRIED.
MOTION= Council Member Daly moved for the unanimous appointment of Dr. Robert
Hueler, Shirley McCracken and Frank Ramirez to the Budget Advisory Commission
for the term expiring June 30, 1998. Council Member Pickler seconded the
motion. Council Member Hunter was absent. MOTION CARRIED.
MOTION~ Council Member Daly moved to continue appointments to the Library
Board for the two new terms expiring June 30, 1998 for two weeks. Council
Member Simpson seconded the motion. Council Member Hunter was absent. MOTION
CARRIED.
MOTION= Council Member Pickler moved to continue the one seat now open on the
Park and Recreation Co=mission (Cherson) for two weeks. Council Member Daly
seconded the motion. Council Member Hunter was absent. MOTION CARRIED.
ITEMS B~ - B9 FROM T~ PLANNING COMMISSION MEETING OF JUNE 27. 1994
INFORMATION ONLY - APPEAL PERIOD ENDS JULY 19. 1994
B~. 179= WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3683 AND
NEGATIVE DECLARATION=
OWNER~ Ukawa Corporation Of California, 1010 W. Chapman, $200, Orange, CA
92668
AGENT= Ken Mudge Horizon Property Management, 1010 W. Chapman, ~200,
Orange, CA 92668~ Richard R. Milewski, 4421 E. La Palma, Anaheim, CA
92807
LOCATION= 4421 E. La Palma Avenue. Property is approximately 0.74 acre
located on the north side of La Palma Avenue and approximately 340 feet
west of the centerline of Lakeview Avenue.
To permit an automotive modification (van conversion) facility with waiver
of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION=
CUP NO. 3683 GRANTED (PC94-81) (6 yes votes, I absent).
Approved waiver of code requirement.
Approved Negative Declaration.
B2. 179= V~RIANCE NO. 4251~ CATEGORICALLY EXEMPT. CLASS 11:
OWNER= Kmart Corp., 31000 W. Big Beaver Road, Troy, Michigan 48004-3163
AGENT= Gregory Simonoff Architects, 20101 Southwest Birch St., Ste. 10,
Santa Ana Heights, CA 92707
LOCATION~ 1095 ~ul~man Street. Property is approximately 18.64 acres
located at the southwest corner of Old Canal Road and Pullman Street.
Waiver of permitted type and size of shopping center identification sign,
permitted wall signage, and permitted freestanding directional signage to
construct a 35 foot high pylon sign, an 8-foot high shopping center
identification sign and five wall signs.
403
C£2v ~a11. ~n&he~, California - COUNCIL MINUTES - ~ulv 19. 1994 - 5~00 P.M.
ACTION TAKEN BY THE PLANNING COMMISSION:
VARIANCE NO. 4251 GRANTED (PC94-82) approving the two monument signs
subject to compliance with the design guidelines of the SAVI Ranch
comprehensive signing and way finding program being developed by staff~
and denying the request for a pylon sign on the basis that it was
withdrawn by the applicant at the Planning Commission hearing (5 yes votes
i abstained, and i absent).
B3. 179= WAIVER OF CODE REOUIREMENT CONDITIONAL USE PERMIT NO. 3693 AND
NEGATiVE DECLARATION=
OWNER~ Paul Mittmann and Margaret Ann Mittmann, 14501 Phillip Lane,
Sonora, CA 95370
AGENTs Roger Stahlhut, 621 S. Clementine, Anaheim, CA 92805~ PAUL KOTT
C/O Paul Kott Realtors, 504 N. State College Blvd., Anaheim, CA 92805
LOCATION= 1011 N. Harbor Boulevard. Property is approximately 0.76 acre
located on the west side of Harbor Boulevard and located approximately 250
feet north of the centerline of La Palma Avenue.
To permit a church including on-site food collection, distribution and
storage facilities in conjunction with church activities with waiver of
minimum number of parking spaces and minimum setback and yard areas for
institutional uses.
ACTION TAKEN BY THE PLANNING COMMISSIONs
CUP NO. 3693 GRANTED (PC94-83) (4 yes votes, 2 no votes, and i absent).
Approved waiver of code requirement.
Approved Negative Declaration.
Don Parsons, 700 W. Julianna, Anaheim. He spoke at the Planning Commission
three weeks ago on this item. He still has concerns as well as the neighbors
and would like to have an additional public hearing.
A review of the Planning Commission's decision was requested by Council
Members Pickler and Feldhaus, and therefore, a public hearing will be
scheduled at a later date.
B4. 179= WAIVER OF CODE HEOUIHEMENT CONDITIONAL USE PERMIT NO. 3691 AND
NEGATIVE DECLARATIONs
OWNERs Local No. 887 UAW-CIO Building Corp., Attn= E.J. Schales, 14910
Garfield Ave., Paramount, CA 90723
LOCATION= 1221 N. PlacentSa Avenue. Property is approximately 1.69 acres
located north and east of the northeast corner of Placentia Avenue and
State College Boulevard.
To permit a 10,000-square foot church with accessory living quarters with
waiver of minimum landscape requirements.
ACTION TAKEN BY THE PLANNING COMM~SSION~
CUP NO. 3691 GRANTED, IN PART, that prior to issuance of a building
permit, a landscape plan shall be brought back to the Planning Commission
as a Report and Recommendation item (PC94-84) (6 yes votes, i absent).
Waiver of code requirement APPROVED, IN PART.
Approved Negative Declaration.
Council Member Feldhaus. He did not see any discussion in the staff reports
relative to making a right turn only when exiting the property out of State
College and Placentia~ John Lower, Traffic and Transportation Manager, stated
that it was not made a condition of approval. His staff looked at the
situation and determined that it was not a needed condition but they can look
at it again.
404
C~t¥ Hall, ~h.i~, Cal£forn£a - COUNCIL ~INUTES - July 19, 1994
Council Member Feldhaue. He would like to do so. Coming out of that
property, a right turn only would be appropriate~ Council Member Pickler. He
agreed that the streets involved are heavily travelled.
Mayor Daly asked what type of action was necessary by the Council if the staff
is going to do further research.
City Attorney White. Today is the last day to set the matter for a public
hearing. If one is not set, the Council does not have the ability to
unilaterally amend conditions by adding a new condition. If that is of
interest to the Council, the only recourse would be to set the matter for an
additional hearing.
A review of the Planning Commission's decision was requested by Council
Members Feldhaus and Pickler, and therefore, a public hearing will be
scheduled at a later date.
BS. ~79s WAIVER OF CODE REQUIREMENT CONDITIONAL USE ~ERMIT NO. 3692 AND
NEGATIVE DECLARATION=
OWNERs Imperial Thrifty And Loan Association, c/o Catalyst Resource
Group, 8465 Wilshire Blvd., ~630, Beverly Hills, CA 90212
AGENTs Jordan-Valli Architects, Inc., 34700 Pacific Coast Highway, $200,
Capistrano Beach,'CA 92677
~)CATIONs 919 and 959 South Knott Street. Property is approximately 3.26
acres located north and west of the northwest corner of Knott Street and
Ball Road.
To permit a self-storage facility with waiver of (a) minimum number of
parking spaces (APPROVED), (b) minimum setback adjacent to a residential
zone boundary (APPROVED), (c) minimum required landscaping at street
frontages (DENIED), (d) minimum parking lot landscaping (DENIED), and (e)
maximum structural height adjacent to a residential zone boundary
(APPROVED).
ACTION T~K~N BY THE pLANNING COMMISSIONs
CUP NO. 3692 GRANTED, IN PART, (PC94-85) (6 yes votes, i absent).
Waiver of code requirement APPROVED, IN PART, waivers (a), (b), and (e)
APPROVED~ and waivers (c) and (d) (DENIED).
Approved Negative Declaration.
B6. ~79s cONDITIONAL USE pERMIT NO. 3344 AND NEGATIVE DECLARATION=
OWNERs California Drive-In Theaters, INC., 120 N. Robertson Blvd., Los
Angeles, CA 90048
LOCATION= 1520 North Lemon Avenue. Property is approximately 24.9 acres
located at the southeast corner of Durst Street and Lemon Street
Petitioner requests amendment to conditions of approval pertaining to the
expiration of a previously£approved outdoor swap meet and the removal date
of the existing theater ecreeng.
ACTION T~KEN BY THE PL~,NNING COMMISSIONs
APPROVED request, amended Condition Nos. 19 and 21 of Resolution No. PC90-
240 of CUP NO. 3344 (PC94-86) (6 yes votes, i absent).
Negative Declaration previously approved.
B7. 179: CONDITIONAL USE PERMIT NO. 3241 - REQUEST FOR AN EXTENSION OF TIME
TO ~OMPLY WITH CONDITIONS OF APPROVALs
Elfend and Associates, 610 New~ort Center Drive, Newport Beach, CA 92660,
requests an extension of time to comply with conditions of approval for
Conditional Use Permit No. 3241 (to permit a 384 room hotel facility) to
expire June 19, 1995. Property is located 201 West Katella Ave.
405
City Hall. Anaheim, California - COUNCIL MINUTES - July 19, 1994 - 5:00 P.M.
ACTION TAKEN BY THE PLANNING COMMISSION=
Approved extension of time to expire on October 1, 1994 subject to the
following conditions~
That within a period of sixty (60) days from the date of
Commission approval of a time extension (60 days from June 27,
1994), or prior to the issuance of a building permit, whichever
occurs first, the property owner shall irrevocably offer to
dedicate to the City of Anaheim additional right-of-way along
Katella Avenue to its ultimate half width.
That a cash payment shall be made to the City of Anaheim for the
cost of construction of a three hundred (300) foot long right turn
only lane for southbound traffic to be constructed at the
intersection of Katella Avenue and Haster Street~ said payment
shall be made prior to issuance of a building permit. "In the
event these improvements have been constructed by the City, the
property owner shall reimburse the City for their fair share of
the actual costs of the right turn lane".
That within a period of thirty (30) days after Planning Commission
or City Council approval of a time extension, the petitioner shall
submit a letter to the Planning Department requesting that
Conditional Use Permit No. 3241 be terminated thirty (30) days
after adoption of Specific Plan No. 93-1 (the Hotel Circle
Specific Plan).
B8. 149= ORDINANCE NO. 5437 FOR INTRODUCTION~ Amending Various Sections Of
Chapters 18.01, 18.06, 18.31 and 18.32 and 18.34 of Title 18 Of The Anaheim
Municipal Code Relating To Parking.
Council Member Daly offered Ordinance 5437 for first reading.
ORDINANCE NO. 5437= AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS
SECTIONS OF CHAPTERS 18.01, 18.06, 18.31 AND 18.32 AND 18.34 OF TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING.
Bg. 179= ORDINANCE NO. 5438 FOR'INTRODUCTION= Amending Section 18.31.050 Of
Chapter 18.31 of Title 18 of The Anaheim Municipal Code Relating To Detached
Condominium Projects (ORDINANCE NO. 5416)=
Council Member Daly offered Ordinance 5438 for first reading.
ORDINANCE NO. 5438= AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
18.31.050 OF CHAPTER 18.31 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO DETACHED CONDOMINIUM PROJECTS (ORDINANCE NO. 5416)~
END OF ~ PLANNING CO~MISSION XTEM~ FROM JUNE 27w 1994.
ITEMS B10 - Bll FROM THE ZONING ADMINISTRATOR MEETING OF JULY 7~ 1994:
DECISION DATEs JULY 14. 1994 INFORMATION ONLY - APPEAL PERIOD ~NDS JULY 29,
1994
B10. 179=
OWNER=
92669
AGENT=
ADMINISTRATIVE USE PERMIT NO. 94-02:
Abraham Mazari & Paridokht Mazari, 236 S. Craig Drive, Orange, CA
Keum H. Bang, 441 South Euclid Street, Anaheim, CA 92802
406
City Hall, Kuahe~. Cal£fornia - COUNCIL MINUTES -Julv 19~ 1994 - 5~00 P.M.
LOCATION: 441 South ~uclSd Street.
To permit a Large Family Day Care Home to allow up to twelve children.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Use Permit No. 94-02 APPROVED (ZA DECISION NO. 94-17).
Bll. 179= ADMINISTRATIVE ADJUSTMENT NO. 0093=
LOCATION= 2219 W. Lincoln Avenue and 125 N. Brookhurst Street.
To construct an 8-foot block wall (adjacent north property line), with
waiver of maximum fence height.
ACTION TAKEN BY THE ZONING ADMINISTRATOR=
Administrative Adjustment No. 0093 APPROVED (ZA DECISION NO. 94-18).
ITEM B12 FROM THE PLANNING COMMISSION ME~TING OF JULY 12, 1994
INFORMATION ONLY - APPEAL PERIOD ENDS JULY 21r 1994
B12. 155~ SPECIFIC PLAN NO. 88-2 {THE SUMMIT OF ANAHEIM HI?.T.~)r DEVELOPMENT
AREA 101 - REOUEST FOR SUBSTANTIAL CONFORMANCE DETERMINATION FOR TRACT 13512
LANDSCAPING & IRRIGATION AND PHASING FOR REMAINDER OF DEVELOPMENT AREA.
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED with one condition (5 yes votes, and 2 absent).
B13. 179= ORDINANCE NO. 5435 FOR ADOPTION: Amending Title 18 to rezone
property under Reclassification .No. 93-94-08 located at 1301 South Empire
Street from the RS-A-43,000 zone to the RS-5,000 zone. (Introduced at the
meeting of July 12, 1994, Item B6.)
Council Member Daly offered Ordinance No. 5435 for adoption. Refer to
Ordinance Book.
ORDINANC~ NO. 543~ AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO
REZONE PROPERTY UNDER RECLASSIFICATION NO. 93-94-08 LOCATED AT 1301 SOUTH
EMPIRE STREET FROM THE RS-A-43,000 ZONE TO THE RS-5,000 ZONE.
Roll Call Vote on Ordinance No. 5435 for adopt$on:
AYES:
NOES:
ABSENT~
COUNCIL MEMBERS:
COUNCIL MEMBERS=
COUNCIL MEMBERS:
Feldhaus, Simpson, Pickler, Daly
None
Hunter
The Mayor declared Ordinance No. 5435 duly passed and adopted.
Cl. 142: SMOKING ORDIN~2qCE - POSSIBLE ~MENDMENT TO CHAPTER 6.30 OF T~m
ANAHEIM MUNICIPAL CODE (AMC)= To consider possible amendment of Chapter 6.30
of the Anaheim Municipal Code relating to smoking in public places.
Submitted was report dated June 23, 1994 from the City Attorney recommending
the following:
"In the event the City CoUncil desires to impose greater restrictions on
smoking in chapter 6.30 (such as generally conforming the City requirements to
the more restrictive requirements recently imposed by the County of Orange),
it is recon~nended that the ordinance (i) continue to provide flexibility for
the business needs of the Convention Center and Stadium enterprises, and (ii)
include additional authority for the Convention Center General Manager and
Anaheim Convention Center and Anaheim Stadium (exhibition space only) as
"smoking~ and "non-smoking" areas where necessary to accommodate the needs or
desires of the exhibitors."
407
C~tv ~a11. &nahe£m. ~al£forn£a - COUNGZL NZNU'I~$ - ~u1¥ 19, 1994 - 5~00 P.~.
This matter was continued from the meeting of July 12, 1994 to this date.
Council Member Pickler. He would like to continue this item for a full
Council.
After a brief discussion between Council and staff, the following motion was
offered.
MOTION= Council Member Pickler moved to continue the possible amendment of
Chapter 6.30 of the Anaheim Municipal Code relating to smoking in public
places to Tuesday, August 16, 1994. Council Member Simpson seconded the
motion. Council Member Hunter was absent. MOTION CARRIED.
C3. 112= R~PORT ON CLOSED SESSION ACTIONS= City Attorney White stated that
there are no actions to report.
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. 134= PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 335 AND NEGATIVE
DECLARATION= General Plan Amendment No. 335 is a City-initiated amendment to
the land use Element of the Anaheim General Plan redesignating the subject
area from MediumDensity Residential to General Industrial.
LOCATION= Subject area is irregularly-shaped and consists of
approximately 3.34 acres, generally bounded on the north by Broadway, on
the east by Atchison Street, on the south by the Atchison, Topeka and
Santa Fe railroad right-of-way and on the west by Kroeger Street.
ACTION TAKEN BY T~ P~NNING COMMISSION=
GPA NO. 335 GRANTED (PC94-74) (6 yes votes, I absent).
Approved Negative Declaration.
Informational item at the meeting of June 21, 1994, Item Bg.
HEARING SET ON= A public hearing is required on a Planning Commission
approved general plan amendment.
PUBLIC NOTICE HEOUIREMENTS MET B~=
Publication in Anaheim Bulletin - July 7
Mailing to property owners within 300 feet - July 5, 1994
Posting of property - July 8, 1994
PLANNING STAFF INPUT=
See staff report to the Planning Commission dated June 1, 1994
Greg McCafferty, Associate Planner. This was a Planning Commission initiated
request sometime ago and this is a follow-up action to comply with that
request.
Mayor Daly. At some time in the future if there is to be a reconsideration of
a larger area including this neighborhood, he asked if there is anything
contained in this action that would prevent a reconsideration of the General
Plan Amendment back to residential at that point.
4O8
City Nail. anaheim, Californ£a - COUNCIL MINUTES - July 19, 1994 - 5~00 P.M.
City Attorney White. The City Council always has the prerogative to amend the
General Plan even though they may have recently amended it to a different
designation. The Council can always go back, follow the requisite procedure
and put it into a different designation at a later date.
Mayor Daly. He asked if this item was in any way related to closing the
street adjacent to MCP Foods or an entirely separate land use decision.
Greg McCafferty. The Planning Commission initiated it in conjunction with the
MCP request to rezone a portion of the property - their parking lot. It is a
follow-up to that so that there will bsa logical progression of land use on
the street. He confirmed that it had nothing to do with closing of the
street.
Mayor Daly opened the public hearing and asked to hear from anyone who wished
to speak either in favor or in opposition.
PUBLIC DISCUSSION -
IN FAVORs None
PUBLIC DISCUSSION -
IN OPPOSITION: None
Mayor Daly closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Daly, seconded by Council Member Simpson, 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. Council Member Hunter was
absent. MOTION CARRIED.
Council Member Daly offered Resolution No. 94R-179 for adoption, approving
General Plan Amendment No. 335 Exhibit A. Refer to Resolution Book.
RESOLUTION NO. 94R-179: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL
PLAN DESIGNATED AS AMENDMENT NO. 335, EXHIBIT "A.~
Roll Call Vote on Resolution No. 94R-179 for adoution~
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Simpson, Pickler, Daly
None
Hunter
The Mayor declared Resolution No. 94R-179 duly passed and adopted.
D2. 134: PUBliC HEARING - GENERAL PLAN AMENDMENT NO. 337 AND NEGATIVE
DECLARATION: General Plan Amendment No. 337 is a City initiated amendment to
the text of the Land Use Element of the General Plan restating and
clarifying existing provisions contained in the General Plan relating to
Government Code Section No. 65302, subparagraph (a).
ACTION TAKEN BY THE PLANNING COMMISSION:
GPA NO. 337 GRANTED (PC94-75) (6 yes votes, i absent).
Approved Negative Declaration.
Informational item at the meeting of June 21, 1994, Item B10.
409
City Hall, Anaheim, California - COUNCIL MINUTES - July 19r 1994 - 5:00 P.M.
HEARING SET ON: A public hearing is required on the Planning Commission
approved general plan amendment.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - July 7, 1994
Mailing to property owners within 300 feet - July 5, 194
Posting of property - July 8, 1994
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated June 1, 1994.
Mayor Daly. This is also a City initiated General Plan and the Council has
background reports on the subject .submitted by Staff.
Mayor Daly opened the public hearing and asked to hear from anyone who wished
to speak.
PUBLIC DISCUSSION -
IN FAVORt None
PUBLIC DISCUSSION -
IN OPPOSITION: None
Mayor Daly closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Pickler, seconded by Council Member Simpson, 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. Council Member Hunter was
absent. MOTION CARRIED.
Council Member Pickler offered Resolution No. 94R-180 for adoption, approving
General Plan Amendment No. 337. Refer to Resolution Book.
RESOLUTION NO. 94R-180: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO THE TEXT OF THE LAND USE ELEMENT OF THE
ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 337.
Roll Call Vote on kesolution No. 94R-180 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Simpson, Pickler, Daly
None
Hunter
The Mayor declared Resolution No. 94R-180 duly passed and adopted.
D3. 134: PUBLIC HEARING - TAORMINA INDUSTRIES FRANCHISE - SOLID WASTE:
To consider granting an exclusive franchise to Taormina Industries, Inc.,
for the collection, handling, processing, recycling, transportation and
disposal of solid waste within the city limits of Anaheim.
410
CAtv Ball~ Anaheim° Cal£fornia - COID~CIL MINUTE8 - ~ul¥ 19, 1994 - 5~00 P.M.
At their meeting of June 21, 1994 (see minutes of that date), Item A43, the
City Council adopted Resolution No. 94R-110 to consider the granting of an
exclusive franchise to Taormina Industries, Inc.~ and at the meeting of July
12, 1994, Item A40, the City Council introduced Ordinance No. 5434 granting a
Franchise for collection, handling, transportation, processing, recycling and
disposal of City solid waste to Taormina Industries, Inc.
PUBLIC NOTICE REOUIREMENTS MET BY:
Publication in Anaheim Bulletin - June 30, 1994
Submitted was report dated July 12, 1994 from Tom Wood, Deputy City Manager,
recommending that the Council by Ordinance grant an exclusive franchise to
Taormina Industries, Inc. for the collection, handling, processing, recycling,
transportation and disposal of solid waste within the city limits of the City
of Anaheim and authorizing the Deputy City Manager to accept the ~ersonal
guarantees and report dated July 19, 1994 from George Ferrone, Finance
Director, recommending that the Council adopt a resolution authorizing
execution of a second amendment to the Operating Agreement for Recycling
Equipment between the City of Anaheim and Taormina Industries authorizing the
Mayor to execute said amendment.
Tom Wood, Deputy City Manager, briefed his staff report dated July 12, 1994,
which gave the extensive background leading up to the recommendation of the
proposed exclusive franchise agreement with Taormina Industries and listing
the eight factors for the Council to consider and weigh in their decision.
(The report noted that the Taormina family/Industries has served the solid
waste needs of the City since the late 1940's). At the conclusion of his
presentation, Mr. Wood stated that the City has been extremely pleased with
the performance of the franchisee for the last 40 years and recommends
approval of the franchise agreement.
Mayor Daly opened the public hearing and asked to hear from anyone who wished
to speak either in favor or in opposition~ there being no response he closed
the public hearing.
Mayor Daly. He commended Mr. Wood and his staff as well the franchise
operator, Taormina Industries. This item is the result of many months of
negotiations. It is important to point out that trash rates in Anaheim are
amongst the lowest in Orange County and in the single-family and trash pick-up
area probably the lowest. This fact is not highlighted as often as it should
be. The Council asks Mr. Wood to report to them frequently on the rate
structure in Orange County. The most recent numbers were very favorable to
Anaheim.
130= ORDINANCE NO. 5434 FOR ADOPTION= Granting a Franchise for collection,
handling, transportation, processing, recycling and dlsposal of City solid
waste to Taormina Industries, Inc. (Introduced at the meeting of July 12,
1994, Item A40.)
Council Member Pickler offered Ordinance 5434 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5434= AN ORDINANCE OF THE CITY OF ANAHEIM GRANTING A FRANCHISE
FOR COLLECTION, HANDLING, TRANSPORTATION, PROCESSING, RECYCLING AND DISPOSAL
OF CITY SOLID WASTE TO TAORMINA INDUSTRIES, INC.
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C£tv Ball, Anahs~m, California - COUNCIL NIN'O'~$ - ~uly 19~ 199~ - 5~00 P.M.
Roll Call vote on Ordinance No. 5434 for adoptionz
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Simpson, Pickler, Daly
None
Hunter
The Mayor declared Ordinance No. 5434 duly passed and adopted.
Council Member Pickler offered Resolution No. 94R-181 for adoption,
authorizing Execution of a Second Amendment to Operating Agreement for
Recycling Equipment (between the City of Anaheim and Taormina Industries,
Inc.). Refer to Resolution Book.
RESOLUTION NO. 94R-~81= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO OPERATING AGREEMENT FOR
RECYCLING EQUIPMENT.
Roll Call Vote on Resolution No. 94R-181 for adopt~on~
AYES~
NOES:
ABSENT:
COUNCIL MEMBERS=
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Simpson, Pickler, Daly
None
Hunter
The Mayor declared Resolution No. 94R-181 duly passed and adopted.
D4. 155~ PUBLIC REARING - AMENDMENT TO SPECIFIC pLAN NO. 88-2 THE SUMMIT OF
ANAHEIM HILLS ENVIRONMENTAL IMPACT REPORT NO.
OWNER= The Baldwin Company, Attn~ Ron Freeman, 16811 Hale Ave., Irvine,
CA 92714
LOCATION/REQUEST= Property is approximately 13.67 acres located on the
west side of Weir Canyon Road, approximately 1,220 feet north of the
centerline of Oak Canyon Drive and further described as The Summit of
Anaheim Hills Specific Plan (SP88-2) designated Park Site (Lot No. 12 of
Tract No. 14071).
Amendment to Exhibit No. 11 (Open Space/Recreation Plan) and to certain
text of SP88-2 and the amendment of Condition Nos. 64, 65, and 77 of
Resolution No. 88R-395 (adopted by Ordinance No. 4977) pertaining to the
redesignation of the previously approved Neighborhood Park (to a Community
Park designation) and the modification of conditions regarding the
development and completion date for the proposed 13.67 acre park site.
ACTION TAKEN BY THE PLANNING C0MM~SSION=
Recommended approval to City Council of the amended Specific Plan No. 88-2
Open space/Recreation Plan (Exhibit No. 11) to indicate the park site
designation change from a Neighborhood Park to a Conununity Park. (PC94-67)
(6 yes votes, i absent).
Approved the Previously Certified EIR NO. 281.
Review of the Planning Commission's decision requested by Council Members
Hunter and Simpson at the meeting of June 21, 1994, Item B3.
HEARING SET ON: A Review of the Planning Commission's decision was requested
by Council Members Hunter and Simpson of the meeting of June 21, 1994 and
public hearing scheduled this date.
PUBLIC NOTICE REOUIREMENTS MET
Publication in Anaheim Bulletin - July 7, 1994
Mailing to property owners within 300 feet - July 7, 1994
Posting of property - July 8, 1994
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City Hall~ Anaheim, California - ~OvJNCIL NINUTES - ~uly 19, 1994 - 5~00 P.M.
City Clerk Lee Sohl. Letter dated July 18, 1994, was received today from
Diana Hoard, Vice President, Baldwin Company, which outlined a compromise
phasing plan which Ms. Hoard understands, "is acceptable and can be supported
by the majority of the affected residents."
Mayor Daly. He acknowledged Council receipt of the letter from Baldwin and
asked first to hear from staff.
Chris Jarvi, Director of Parks, Recreation and Community Services and Golf.
As the Council is aware, a controversy has arisen because of Baldwin's desire
to move the development date of the park to 1997 with a start date in 1996.
The park itself was due to start in December and would have been done in one
year's time. The local residents did not want a delay and started a campaign
to force Baldwin to adhere to conditions as originally imposed in the
development plan. He believes a compromise has been reached. A member of the
Baldwin Company is present to discuss the compromise as follows~
approximately 6 1/2 acres of the total 16 acre park would be developed with
the construction of Phase I to be completed in February of 1995 to include a
tot lot play area, basketball court, walkways, temporary rest room facilities
and parking. It would also include the development of the entrance areas off
Weir Canyon with appropriate landscaping. The remainder of the site would be
covered with a polymer to control erosion and keep dust down. Staff has
looked at the proposal and feels it is an appropriate compromise.
Mayor Daly opened the public hearing and asked f£rst to hear from any
representatives of the Baldwin Company who wished to speak.
Diana Hoard, Vice President. Mr. Jarvi has summarized the situation. They
originally made a request to modify conditions of approval and to complete the
park by January 31, 1997. It was their attempt to adjust to the market
conditions which apparently was not the'best attempt and residents expressed
their concerns. They worked with the residents to see what they could do
within their resources. She believes the compromise as laid out in their
letter as summarized by Mr. Jarvi is a good one. They will develop the park
but to a level that is one that the City can accept for maintenance and that
can be accommodated within City budgetary constraints. They will develop the
back part and the entrance and provide temporary rest room facilities. That
part will be done by February 28, 1995 and the rest of the park to be
completed by January 31, 1997. She confirmed for Council Member Pickler that
she has been in communication with a spokesman for the residents in the area
and it is her belief that there is concurrence relative to the compromise.
Council Member Pickler. He asked if City budget constraints relative to
maintaining the park has any bearing on the issue.
Chris Jarvi. His department is not currently funded for maintaining the park.
If it is maintained with existing resources, it w0uld mean the department
would have to take resources from elsewhere in the City. It would be about
$50,000 a year to maintain the first proposed phase and for the whole park,
$120,000 a year.
Mayor Daly asked to hear from those persons who wished to speak on behalf of
the connnunity.
Mark Griffith, 962 Silver Star Way, Anaheim. He is acting as spokesperson for
a good portion of the citizens in the area. Approximately 100 people are
present tonight. Originally they would have liked to see the complete park
built out as originally required of Baldwin. The residents, recognizing
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C£tv ~a~ Anaheim~ California - COUNCIL MINUTES - ~uly 19~ 199~ - 5:00 P.M.
Baldwin's situation and also the budget constraints of the City, felt some
sort of compromise was in order. A few of them and Baldwin interviewed some
of the citizens and met with them to come up with a compromise. What is now
before the City Council requested by Baldwin is very close to what the
residents asked for. He is speaking on behalf of the people. The majority
who spoke to them found the compromise to be acceptable. He is not speaking
for everybody. If the compromise is acceptable, they feel there should be
some sort of vehicle in place for enforcement of the time frame and commencing
construction in the next few months in order to complete construction of the
first phase in February of 1995. He does not know the best vehicle to do so,
perhaps holding up building permits if not completed by February or
withholding certificates of occupancy until the park is completed. If not,
the residents would have to organize again and take appropriate action. He
also cc~ented that Baldwin plans to complete the park within the original
proposed amendment, by the end of January 1997 complete with a baseball
diamond and community center.
Mayor Daly asked staff to respond and then subsequently for the Baldwin
Company to respond.
City Attorney Jack White. His understanding is that there will be guarantees
relating to both Phase I and the remainder of the park in the following form.
The Planning Commission when it agreed to amend the Specific Plan amended
Condition 77 into subparts A, B, C, D, and E. Part A related to the date that
the park construction would be completed. Their reconunendation was that it be
deferred until January 31, 1997. The first two sentences of the approved
language would be revised with the language that the Baldwin Company proposed
tonight substituted for the January 31, 1997. It breaks the project into two
phases - the first phase to be completed by February 28, 1995 and the
remainder by 1997. Ail of the additional language recommended by the Planning
Commission would stay the same with minor exceptions. There is already
language that provides in the event construction is not commenced and
completed in accordance with the time frames, that the City would withhold
further building permits until time frames are met and until Baldwin is
proceeding on schedule approved by the Parks Director. Further, Baldwin would
put up a performance bond. They currently have one that guarantees that
completion is coming shortly but wilI need to substitute that or put up an
additional bond relating to the 1997 date, that would guarantee those
improvements and further allow the City to call upon that bond at any time
after the date expires even if the City had not completed the project itself.
He feels there are adequate guarantees and if the provisions recommended by
the Planning Commission are stipulated to by Diana Hoard for Baldwin, the City
will have adequate protection to satisfy the City and the neighbors that
construction will be completed as promised. He confirmed for the Mayor there
would be no need in the future to bring back any additional language. It
would be &11 incorporated into the Reeolutlon ready to be sent out later th£e
week. The Council would not have to look at the l&n~uage again.
Chris Jarvi. Mr. Griffith mentioned it was his understanding that a community
center would be built at the end of the development of the park. He clarified
that there was no requirement for the developer to build a community center.
It was put in the master plan for the park but for a future date and when
funding was available. At this point, there is no funding identified for the
community center, but they felt that the park was of adequate size to
accommodate a community center at some future date. What they do contemplate
as part of the development are the rest rooms which would eventually be
expanded to include the community center.
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C£tv Rail, Anaha4-, California - COUNCIL MINO'TES - July 19r 1994 - 5~00 P.M.
Mayor Daly asked to hear from Baldwin relative to the language ae articulated
by the City Attorney.
Diana Hoard. She believes that with the conditions imposed at the Planning
Commission then divided into the two parts, Phase I and Phase II, there is
definitely the guarantee that they have to perform under certain time frames
or building permits can be withheld, in addition to the fact there are
performance bonds that can be called. She would assume that now there will be
two performance bonds.
City Attorney White confirmed that was correct and that also he does have
everything he needs in the form of a guarantee from Baldwin.
Mark Griffith. He asked for a clarification relative to the community center.
He did not realize that it would not be built as part of the park
construction. He asked if the community center would be the responsibility of
the developer or the City~ Chris Jarvi. The community center would be the
responsibility of the City. The rest rooms would be the responsibility of the
developer and would be completed by end of January 1997.
The following people also spoke on the proposed amendment/compromise and
expressed their concerns and opposition as summarized~
Gary Sontag, Summit Court 'area. The park should have been built already. He
questioned why the City Council and the people should compromise and have half
a park built. People are paying Mello-Roos taxes and cannot get a park built.
It is not the people's fault that Baldwin has financial problems. They should
not be compromising with Baldwin and Baldwin should be made to build the whole
park now.
Chuck Jones, 801 Parkland Place, Anaheim. Buying in an area like Anaheim
Hills they bought on faith. He urged that the Council not breach that faith.
Anna Martinez, 963 Silverstar Way, Anaheim. She is concerned about giving
Baldwin an extension to the construction of the park. She has had slope
problems behind her'home and Baldwin has delayed fixing the problem. The
residents need the park now.
Michael Lewandowski, 942 S. Silverstar Way, Anaheim. He questioned if Baldwin
is having a financial problem why they do not forego building a few houses and
instead put the money into the park with no extensions or delays.
Ed Kagitorias, 922 S. Flintridge Way, Anaheim. He is concerned relative to
lighting of the park. He does not want lights shining in his back yard.
Mr. Jarvi explained the kind of lighting used in parks and time
limits/standards used for lighting ball fields. Before final design, they
will be looking at ways of minimizing the amount of glare that comes off the
fields. Lighting will not go in with the first phase but with the second
phase.
Kristeny Wltt. When her family bought their house, she was nine or ten years
old. By the time it is completed, she will be 15 or 16 and will not be as
interested in going to the park. She feels they need the park now so that
kids can get the benefit from it when they are young. It was something they
were really looking forward to.
415
C£tv Hall. Anahe~. California - COUNCIL MINUTES - ~u~ 19, 1994 - 5~00 P.M.
Tom Shilling, 950 Flintridge Way, Anaheim. He lives on a portion of the
development that overlooks the park. His concerns are the same as everyone
else but in addition, he is concerned about the financial impact this
situation will have on the homeowners. Baldwin featured that a park would be
built and charged $15,000 to $25,000 extra for premium lots consisting of a
view of the park site. Any extension would be unreasonable at this time.
Sheri Flynn, 1042 Mountvale Court, Anaheim. She lives in the Highlands. She
asked relative to the compromise if there were going to be any fields put in
between now and 1997 for soccer or baseball t° take some of the pressure off
other parks in the area. She also commented relative to the concerns
expressed about 'lighting, that was a concern at Canyon Rim Park as well but
there has been no problems at all with lighting at the park.
Chris Jarv£. There will be a field large enough to accon~nodate soccer but it
won't be designed for baseball or softball. With the compromise as suggested,
it will be an open field in the west end area of the park.
Mayor Daly closed the public hearing.
Diana Hoard. Relative to their original request, it was a financial one and
it is still unresolved. Woodcrest has gone out of business and was
responsible for 25% of the park but they are no longer around. She believes
the compromise, although not perfect, gives children and families a place to
go. It is as big as the acreage of the park in the Highlands. It is a doable
compromise on their part and gives the community something as soon as possible
that they can enjoy. She is asking for Council approval.
City Attorney White. Change of designation of the park from a neighborhood
park to a community park is also part of the request that is being made which
was approved by the Planning Commission.
Chris Jarvi. He clarified for Council Member Feldhaus the difference between
a neighborhood park and a co~unity park - a neighborhood park is roughly
between 5 and 10 acres and serves a radius of about one-half mile and is a
walk-to type park. A community park is 15 to 40 acres and includes more
development such as lighted ball fields and community centers and is
considered a drive-to and serves a radius of one and a half to three to four
miles. The park is about 16 acres. The Baldwin site is about 13 acres and
the remainder is the Woodcrest development.
Council Member Simpson. Because he received many calls, he was one of the
Council Member's who asked that the matter be set for a public hearing hoping
that some compromise might be worked out realizing that Baldwin would never
build out the park in the time frame specified. There has been a compromise.
It does not give the residents everything they wanted and have a right to
expect but it is better than nothing and that is what he hoped to accomplish.
Compromise works to the benefit of all. He hopes it will be accepted in the
spirit it was offered.
Council Member Pickler. He will also support the compromise. They have to
work together with the idea of not forcing companies out of business. The
compromise will be a benefit to all. Baldwin realized they had to do
something and came back and worked it out.
Council Member Feldhaus. An alternative would perhaps had been for Baldwin to
file bankruptcy and to have no park at all. He also noted that one of the
speakers mentioned that they were paying Mello-Roos Taxes to fund the park.
416
C£tv Hall. Anaheim. California - COUNCIL MINUTES - ~uly ~9r 199~ - St00 P.M.
Chris Jarvi. That park was not funded through Mello-Roos but through the Park
Dedication Ordinance. He also further clarified that it will cost $50,000 a
year for Parks and Recreation to maintain the first phase of the park. It
means that maintenance drops throughout the City in other parks for this new
park to be maintained.
Council Member Feldhaus. They have had problems maintaining parks to the
Anaheim standard. It is just another burden which has not been budgeted in
the 1994-95 budget. He agrees with the proposed phasing and feels it is a
good compromise.
City Attorney White. Answering the Mayor, he does not anticipate there will
be a need to return to the Council with any further language. The language
changes were those that he outlined earlier in the hearing. With the
compromise reached, if construction of Phase I is not completed by 2-28-95 and
the entire park not finally completed by the specified date in 1997, further
building permits will be withheld until the project is back on schedule and
that is in addition to the bonding'requirements.
CEQA Finding - EIR No. 281= On motion by Council Member Pickler, seconded by
Council Member Simpson, the Council determined that Environmental Impact
Report No. 281 previously approved was determined to be adequate for the
amendment to Specific Plan No. 88-2. Council Member Hunter was absent.
MOTION CARRIED.
Council Member Pickler offered Resolution No; 94R-182 for adoption, amending
the Specific Plan No. 88-2 subject to the language changes as outlined by the
City Attorney and in accordance with the compromise as presented by the
Baldwin Company in letter dated July 18, 1994 with Phase I of the park to be
completed by February 28, 1995 and the remainder of the park construction to
be completed by January 31, 1997. Refer to Resolution Book.
RESOLUTION NO. 94R-~8~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING SPECIFIC PLAN NO. 88-2 FOR THE SUMMIT OF ANAHEIM HILLS AND
AMENDING RESOLUTION NO. 88R-395 ACCORDINGLY.
Roll Call Vote on Resolution No. 94R-182 for adoptions
AYES=
NOES=
ABSENT:
COUNCIL MEMBERS=
COUNCIL MEMBERS=
COUNCIL MEMBERS~
Feldhaus, Simpson, Pickler, Daly
None
Hunter
The Mayor declared Resolution No. 94R-182 duly passed and adopted.
City Attorney White. He explained that the Ordinance is amending Ordinance
4976 as it pertains to section 18.72.110 of the Anaheim Municipal Code. That
code section incorporates and obligates the developer to comply with the
conditions previously imposed in Resolution 88R-395 which by the Council's
previous action has been amended and approving those amendments as part of the
code section. Adoption of the Ordinance will be before the Council in two
weeks.
~55~ 0RD~NANCE NO. 5439 FOR INTRODUCTION= Amending Subsection .010 of
Section 18.72.110 of Chapter 18.72 of Title 18 of the Anaheim Municipal Code
Relating to Zoning (SP88-2).
Council Member Pickler offered Ordinance 5439 for first reading.
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C~tv H~l, Anahe£m, California - COUNCIL MINUTES - ~ulv 19, 1994 - 5~00 P.M.
Ordinance No. 54395 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION
.010 OF SECTION 18.72.110 OF CHAPTER 18.72 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING (SP88-2).
C2. COUNCIL COMMENTS=
114= Billboard ProPosal - Reoencv Outdoor ~dvertisinq=
Council Member Pickler. He referred to letter dated July 15, 1994 from
Regency Outdoor Advertising and asked staff to look into the proposal. The
letter talks about 21 billboard faces or 13 billboard structures and replacing
those with 10 boards in outlying areas. He would like to see staff come back
in two weeks with an ordinance or whatever is needed to put this in place.
City Attorney White. If he is going to have to prepare an Ordinance, he would
like more time to do so. Since he will be going on vacation, he asked for
four weeks instead of two~ Council Member Pickler stated that would be
acceptable if Council concurs.
Mayor Daly asked if staff had seen the proposal.
City Attorney White. He received it yesterday or today but he has not had an
opportunity to look at it. He is concerned about promising to come back with
an Ordinance until he has had a chance to see what the report says.
council Member Pickler. He thereupon requested that the City Attorney prepare
a staff report for Council consideration regarding the Regency Outdoor
Advertising Billboard Proposal.
It was determined that the staff report Would be submitted for Council
consideration in four weeks.
ADJOURNMENT= By general Council consent, the City Council meeting of July 19,
1994 was adjourned. (7~20 p.m.)
No Council Meeting is scheduled for the week of July 26, 1994.
LEONORA N. SOHL, CITY CLERK
418