1994/08/23City Hall, ~-e~eim, California - COUNCIL MINUTES - Auqust 23, 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 NJ Sohl
ASSISTANT CITY CLERK: Ann M. Sauvageau
TRAFFIC AND TRANSPORTATION MANAGER: John Lower
PLANNING DIRECTOR: Joel Fick
ZONING ADMINISTRATOR: Annika Santalahti
ZONING DIVISION MANAGER: Greg Hastings
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 2:45 p.m. on August 19, 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 noting first that there are no additions to Closed Session items.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closed Session items.
The following items are to be considered at the Closed Session:
CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator: David Hill
Employee organization: IBEW, Local 47
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 case: Anaheim Stadium Associates v. City of Anaheim, Orange
County Superior Court Case No. 44-81-74.
4o
CONFE~tENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(a) - EXISTING LITIGATION:
Name of case: Yoder v. city of Anaheim, Orange County Superior Court
Case No. 64-34-90
5. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of
Sect£on 54956.9: 2 potential case
Existing facts and circumstances: (i) Claims concerning the adoption of
Ordinance No. 5445, and (ii) proposal to permit freeway-oriented
billboards as affecting rights of owners of existing billboards and
other potential applicants.
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City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 23, 1994 - 5:00 P.M.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION (ANNUAL REVIEW)
Title: City Treasurer
Title: City Clerk
RECESS: By general consent, the Council recessed into Closed Session.
(3:10 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.
(5:23).
INVOCATION: Reverend John P. Lenihan, St. Boniface Church gave the
invocation.
FLAG SALUTE: Council Member Fred Hunter led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Daly
and authorized by the City Council:
Recognizing September 22, 1994, as American Business Women's Day in Anaheim
Recognizing September, 1994, as Pacific Symphony Orchestra month in Anaheim
The American Business Women's Day Proclamation was accepted by Pat Howard of
the Anaheim Angel's Chapter of ABWA and the Pacific Symphony Orchestra month
Proclamation was accepted by Sarah Evans, President and Ruth Salaets, Advisor
of the Harp Guild of Anaheim.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was
unanimously adopted by the City Council and presented to Terry Zinger,
recognizing him as Anaheim's JTPA Alumni of the Year. Mr. Zinger will also go
to Sacramento to be honored by Governor Wilson.
Mr. Tony Adams, Chairman of the JTPA and Mr. Ray Herrera, Terry's counselor
were also present. Mr. Adams gave the background on Terry Zinger who rose
from the depths of homelessness to the position of Junior Accountant, having
worked his way through the JTPA program. Mr. Adams also explained that Terry
now volunteers his time, gives of himself and serves as a model to be
recognized and followed.
Mayor Daly and Council Members congratulated and commended Mr. Zinger noting
his outstanding accomplishments serving as a shining example and inspiration
to others.
119: THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE
TO BE MAILED OR PRESENTED AT ANOTHER TIME:
Recognizing Ron Dominguez for his contributions to the community upon
his retirement from Disneyland.
Proclamation recognizing September 5, 1994, as Try American Day in
Anaheim
Recognizing Jeauette Nelson upon her retirement following 21 years of
service to the City of Anaheim.
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City Hallt Anaheimt California - COUNCIL MINUTES - Auqust 23, 1994 - 5~00 P.M.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,312,033.00 in
accordance with the 1994-95 Budget, were approved.
Mayor Daly recessed the city Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5:42 p.m.)
Mayor Daly reconvened the City Council meeting. (5:44 p.m.)
ADDITIONS TO THE AGENDA: There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Randall Garrou, Attorney representing the Flamingo Theatre. The issue relates
to the City's Moratorium Ordinance adopted last Tuesday prohibiting the
issuance of any permits to any adult entertainment businesses in the City. He
was the attorney that litigated the last law suit successfully against Anaheim
in Federal Court wherein it was found that the City's CUP requirement for
adult entertainment businesses to be unconstitutional. Under the City's
current ordinance, it is close to impossible to find a site for adult
businesses, but his client having done his homework did find one and
subsequently made a huge investment, a $1.1 million purchase, with escrow
closing September 12th and has already incurred a large number of costs that
were non-recoverable. If they have to sue the City, and tomorrow morning that
is what he will be doing if they cannot get a moratorium tonight, asking for
those non-refundable costs at a minimum and attorneys fees on top of that. He
then explained how the Moratorium Ordinance adopted last week affected his
client having to do with being unable to meet an imposed 20-day limit after
applying for the permit. He believes the ordinance is unconstitutional and
does not honor the time limits the Supreme Court says cities have to follow.
The City cannot impose a 20-day period and then violate it by imposing a
moratorium. The only thing that can stop the litigation from going forward is
a modification of the moratorium so that it only applies prospectively to
those businesses who have not yet filed applications. If so, they would not
be challenging it.
Leonard Lahtinen. Relative to this issue, the residents are concerned as well
and urge the Council to maintain the moratorium imposed last week. This
morning's paper described the attorney's client as a resident of Cerritos who
wants to do business in Anaheim. He reiterated he would encourage the Council
to maintain the moratorium for purposes of revisiting the ordinance and give
the gentleman from Cerritos time to look for a location in Cerritos for his
business instead of Anaheim.
Mark Mallo, 2467 W. Mall Avenue, Anaheim. He is a block captain in west
Anaheim and is presently representing his tract. Reading from a prepared
statement, he relayed the problems they are experiencing in their neighborhood
- cars racing through the area endangering their children, lack of sufficient
lighting encouraging incidents of crime, lack of adequate signage to slow
traffic, etc. (See statement dated August 12, 1994 which outlined the concerns
and listed their recommendations/requests to correct the problems.)
Mr. Mallo then outlined the residents requests to mitigate or eliminate their
concerns as listed in the document submitted to the Council attached to which
was a petition signed by the residents and a map showing specific locations
where they would like traffic signs installed, lighting installed, etc.
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City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 23, 1994 - 5:00 P.M.
Mayor Daly asked that the documents be submitted to the City Manager and that
the City Manager discuss the issues with staff of the Police Department as
well as staff of the Street Department; Mr. Mallo confirmed that he would like
to be the contact person for the residents.
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 August 23, 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-208 through 94R-215, both inclusive, for
adoption. Council Member Pickler offered Ordinance No. 5446 (Urgency). Refer
to Resolution/Ordinance Book.
Al. 118: The following claim was filed against the City and action taken as
recommended:
Claim rejected and referred to Risk Management:
a. Claim submitted by Christy Cosgrove for property damage sustained
purportedly due to actions of the City on or about July 17, 1994.
A2. 173: Receiving and filing a Notice of Filing before the United States of
America Federal Energy Regulatory Commission by Portland General Electric
Company a service agreement under FERC Electric Tariff, Original Volume No. 1
(PGE-i) with West Kootenay Power. PGE has requested that the Service
Agreement with West Kootenay Power be accepted by the Commission, effective
July 29, 1994.
A3. 176: RESOLUTION NO. 94R-208: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS, AND SERVICE EASEMENTS, AND SETTING AND DATE AND TIME TO CONSIDER
ABANDONING ALL STREETS, ALLEYS, AND EASEMENTS WITHIN THE AREA BOUNDED BY
BROADWAY, EAST STREET, LINCOLN AVENUE, AND THE SANTA FE RAILROAD (Abandonment
No. 94-3A) (Suggested public hearing date: September 20, 1994, at 6:00 P.M.)
A4. 123: Approving a Second Amendment to Agreement with CRSS, Constructors,
Inc., in an amount not to exceed $74,030 to provide extended staff support to
the City in planning the Commercial Recreation Area infrastructure
improvements for the Anaheim Resort.
A5. 158: RESOLUTION NO. 94R-209: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL PROPERTIES OR
INTERESTS THEREIN TO THE CITY.
A6. 128: Receiving and filing the Monthly Financial Analysis presented by
the Director of Finance for eleven months ended May 31, 1994.
A7. 123: Accepting the bid of International Services, Inc., and authorizing
the execution of an Agreement in an amount not to exceed $488,779.50 for one
year, with the option to extend for two one-year periods for school crossing
guard services, commencing October 1, 1994, in accordance with Bid #5256.
506
C~2¥ H&ll~ A~he[m, Cal~forn£a - COUNCIL MINUTES - Auqus~ 23~ 1994 - 5~00 P.M.
A8. 171: ORDINANCE NO. 5446 (URGENCY): AN ORDINANCE OF THE CITY OF ANAHEIM
FIXING AND LEVYING A PROPERTY TAX ON FULL CASH VALUE OF ALL PROPERTY WITHIN
THE CORPORATE LIMITS OF THE CITY OF ANAHEIM FOR THE FISCAL YEAR 1994/95.
This item is required to be an urgency ordinance at this time. He is asking
that it be removed from the consent calendar and acted upon separately.
This item was considered separately after the consent calendar items were
acted upon. t
Ag. 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.
Al0. 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 proclaiming the
termination of such local emergency.
Ail. 158: Authorizing full-time City employees to participate in a one-time
accrued vacation buy-out, to provide a cash donation to an employee of the
Finance Department.
Al2. 123: Approving an Amendment to Agreement with William M. Mercer,
Incorporated, for benefits consulting services, and authorizing the Human
Resources Director to execute the ~oendment on behalf of the City.
Al3. 153: RESOLUTION NO. 94R-210: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF
ANAHEIM AND THE ANAHEIM FIREFIGHTERS ASSOCIATION (restructuring the City's
health program).
City Manager Ruth. He commended the employee organizations who have been
working with City staff for several months on restructuring the health program
which will reduce medical co~ts.. He thanked them for their help and
participation.
153: RESOLUTION NO. 94R-211: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING A LETTER OF UNDERSTanDING BETWEEN THE CITY OF ANAHEIM AND
THE ANAHEIM POLICE ASSOCIATION (restructuring the City's health program).
153: RESOLUTION NO. 94R-212: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING TWO LETTERS OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND
THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL AND CLERICAL UNITS
(restructuring the City's health program).
153: RESOLUTION NO. 94R-213: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AN~{EIM AMENDING RESOLUTION NO. 92R-17 ADOPTING PERSONNEL RULES APPLICABLE TO
EMPLOYEES IN MANAGEMENT, CONFIDENTIAL ~{D NON-REPRESENTED PART-TIME
CLASSIFICATIONS (restructuring the City's health program).
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City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 23, 1994 - 5~00 P.M.
Al4. 153: RESOLUTION NO. 94R-214: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM
MUNICIPAL EMPLOYEES ASSOCIATION, CLERICAL UNIT AND THE CITY OF ANAHEIM,
PERTAINING TO WAGES, HOURS, TERMS AND CONDITIONS OF EMPLOYMENT FOR FIRE
COMMUNICATIONS EMPLOYEES.
Al5. 123: Approving an Agreement to transfer ownership of the Allen
McColloch Pipeline (AMP) from the AMP participants to the Metropolitan Water
District of Southern California (MWD), approving an Agreement for Allocation
of Proceeds of Sale of the Allen McColloch Pipeline, and authorizing the
Public Utilities General Manager to execute these agreements and any other
related documents on behalf of the City.
Al6. 123: Waiving Council Policy 401, and approving an Agreement with Robert
T. Gorson, in an amount not to exceed $19,500 through December 31, 1994, for
project management and consulting services for generation and transmission
projects, and authorizing the Public Utilities General Manager to execute said
Agreement on behalf of the City.
Al7. 175: Approving the implementation of the "Efficiency Menu for Schools"
Program to offer schools a menu of water and energy efficiency measures to
reduce their operating costs.
123: Approving an Agreement with the Metropolitan Water District of Southern
California to receive funding, in the amount of $227,250 for the
Ultra-Low-Flush Urinal Replacement Project, and authorizing the Public
Utilities General Manager to execute said Agreement.
123: Approving an Agreement with the California Municipal Utilities
Association to receive Energy Efficiency Project Funding in the amount of
$15,000, and authorizing the Public Utilities General Manager to execute said
Agreement on behalf of the City.
Al8. 123: Approving an Agreement with KIPS School of Gymnastics to provide
gymnastics classes to the youth of Anaheim.
Al9. 123: Waiving Council Policy 306, and approving an Agreement with Tri-
County Extradition, Inc., fop transportation of prisoners from distant
locations; and authorizing the Chief of Police to execute said Agreement and
administer same.
A20. 114: Approving minutes of the Adjourned Regular meeting of 6/7/94, held
6/14/94, and minutes of the regular City Council meeting held 6/14/94.
A20a. 161: RESOLUTION NO. 94R-215: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA
STATE DEPART~IENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE
BUILDING EQUITY AND GROWTH IN NEIGHBORHOODS PROGRAM; THE EXECUTION OF A
STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO;
AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE BEGIN PROGRAM.
5O8
City Ha11~ Anaheim, California - COUNCIL MINUTES - Auqust 23, 1994 - 5=00 P.M.
Roll Call Vote on Resolution Nos. 94R-208 throuqh 94R-215~ both inclusive, for
adoption=
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Simpson, Pickler, Hunter, Daly
None
None
The Mayor declared Resolution Nos.'94R-208 through 94R-215, both inclusive,
duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
Fixinq and Levyinq a Property Tax - Fiscal Year 1994/95: Fixing and Levying a
Property Tax on full cash value of all property within the corporate limits of
the City of Anaheim for the fiscal year 1994/95.
City Attorney White. The City just received the tax information from the
County. Since the Council is not meeting next week and it is necessary to
have the tax rate adopted by August 31, 1994, it is necessary that this matter
be acted upon tonight with only one reading of the ordinance rather than a
first reading and subsequently adoption of the ordinance. It is a routine
item, but the problem is the fact that there is no Council meeting on
August 30, 1994.
City Attorney White then read Ordinance No. 5446 aloud in full.
ORDINANCE NO. 5446 FOR ADOPTION (URGENCY): Fixing and levying a property tax
on full cash value of all property within the corporate limits of the City of
Anaheim for the fiscal year 1994/95.
Council Member Pickler offered urgency Ordinance No. 5446 for adoption. Refer
to Ordinance Book.
ORDINANCE NO. 5446: AN ORDINANCE OF THE CITY OF ANAHEIM FIXING AND LEVYING A
PROPERTY TAX ON FULL CASH VALUE OF ALL PROPERTY WITHIN THE CORPORATE LIMITS OF
THE CITY OF ANAHEIM FOR THE FISCAL YEAR 1994/95. (.003819 percent)
Roll Call Vote on Ordinance No. 5446 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Simpson, Pickler, Hunter, Daly
None
None
The Mayor declared Ordinance No. 5446 duly passed and adopted.
A21. 130: 5:00 P.M. CONTINUED PUBLIC HEARING:
CABLE TELEVISION - REGULATION OF RATES AND SERVICES:
At their meeting of March 22, 1994, the City Council considered approval
of an Agreement with Multivision Cable TV for an extension of time for
consideration of the proposed rates and charges for the basic cable
service tier until June 15, 1994. The City Council opened the public
hearing; continued the hearing to June 14, 1994, and extended the
Agreement to June 15, 1994. At their meeting of June 14, 1994, the City
Council again continued the public hearing on rate regulation to August
23, 1994.
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City Hallt Anaheimt California - COUNCIL MINUTES - Auqust 23t 1994 - 5=00 P.M.
Submitted was report dated August 23, 1994, from the Intergovernmental
Relations Officer, Kristine Thalman, recommending that the subject public
hearing be continued to October 18, 1994.
Mayor Daly. He notes one of the reasons for the recommended continuance is
that the Federal Communications Commission (FCC) has yet to make a decision on
one of the key aspects of cable regulation. He asked if, in fact, the City
expects to have a decision by October 18th.
Kristine Thalman, Intergovernmental Relations Officer. There is a study in
progress on the decision relative to the calculation of basic rates of "a la
carte" channels. (See report of August 23, 1994 under the discussion
portion). She heard tonight it was to be scheduled for September 27 and now
it is a calendared item for the FCC to consider it in October. There is no
assurance she can give at this time.
MOTION: Council Member Pickler moved to continue the public hearing on cable
television regulation of rates and services to October 18, 1994. Council
Member Hunter seconded the motion. MOTION CARRIED.
A22. 105: BOARDS/COMMISSIONS-APPOINTMENT/REAPPOINTMENT TO TERMS EXPIRING
JUNE 30, 1994:
City Clerk Sohl. She submitted to the Council memorandum dated August 19,
1994 explaining the status of the various members and also a copy of the list
of candidates.
Mayor Daly nominated Bill Ericson and Ernie Sullivan for reappointment to the
senior Citizens Commission for the terms expiring June 30, 1997.
Council Member Feldhaus nominated Don Baldwin to fill the vacant seat on the
Commission.
Council Member Pickler moved that nominations be closed. Council Member
Simpson seconded the motion. MOTION CARRIED.
On motion by Council Member Pickler, seconded by Council Member Daly, Mr. Bill
Ericson and Ernie Sullivan were reappointed to the Senior Citizens Commission
and Mr. Don Baldwin was appointed to the Senior Citizens Commission for the
new terms expiring June 30, 1997. MOTION CARRIED.
A23. 105: APPOINTMENT TO FILL UNSCHEDULED VACANCY PUBLIC UTILITIES BOARD:
Appointment to fill the unscheduled vacancy created by the untimely
passing of Bob Kazarian, term ending 6/30/94. This matter was continued
from the meeting of 8/9/94 to this date.
City Clerk Sohl. As she indicated in her August 19, 1994 report, there is
presently no list of interested candidates. A press release has been issued
and there may be some activity from that release.
MOTION: Council Member Daly moved to continue the appointment to the Public
Utilities Board to fill the unscheduled vacancy for 30 days to allow for
additional advertising of the vacancy. Council Member seconded the motion.
MOTION CARRIED.
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City Ha11~ Anaheim, California - COUNCIL MINUTES - Auqust 23, 1994 - 5:00 P.M.
ITEMS 81 - 82 FROM THE ZONING ADMINISTRATOR MEETING OF AUGUST 4, 1994:
DECISION DATE: AUGUST 11, 1994 INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST
~6, 1994
Bi.
179: VARIANCE NO. 4257 AND NEGATIVE DECLARATION:
OWNER: Ellis E. & Marlene J. Marcum, 237 North Milford, Orange, CA 92667
LOCATION: 415 South Anaheim Boulevard.. Property is approximately 5,950
square feet, with a frontage of approximately 50 feet on the west side of
Anaheim Boulevard, having maximum depth of approximately 119 feet and
being located approximately 160 feet south of the centerline of Elm
Street.
Waiver of minimum number of spaces, to retain a 1,000 square foot storage
area on the second floor of an existing industrial building (4,824 square
feet total)
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4257 APPROVED (ZA DECISION NO. 94-20).
Approved Negative Declaration.
P~PORT AND RECOMMENDATION ITEM:
82.
179: SPECIAL CIRCUMSTANCES WAIVER 94-01:
AGENT: Real Estate Management, 901 West Civic Center Drive, Suite 340,
Santa Ana, CA 92703
LOCATION: 1219 North State College Boulevard.
Waiver under Code Section 18.02.55.080 "Special Circumstances" to grant a
six month permit for temporary flags and banners to be displayed at an
existing apartment complex which was reconstructed after substantial fire
damage.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Approved Special Circumstances Waiver 94-01.
END OF THE ZONING ADMINISTRATOR ITEMS FOR AUGUST 4, 1994.
ITEMS 83 - 89 FROM THE PLANNING COMMISSION MEETING OF AUGUST 8, 1994
INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 30, 1994
83. 179: WAIVER OF CODE REOUIREMENT CONDITIONAL USE PERMIT NO. 3662 AND
NEGATIVE DECLAPJ%TION:
OWNER: WEST STREET DEVELOPMENT INC., Attn: Doug Browne, P.O. BOX 18021,
Anaheim, CA 92817
LOCATION: 6270 E. Santa Aha Canyon Road. Property is approximately 0.94
acre located on the south side of Santa Ana Canyon Road approximately 515
feet west of the centerline of Fairmont Boulevard.
Revised plan for a private educational facility and a church with waivers
of minimum setback of institutional uses adjacent to residential zone
boundary, maximum fence height and minimum structural setback abutting a
scenic expressway.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3662 GRANTED (PC94-103) (6 yes votes, 1 absent).
Approved waiver of code requirement.
Negative Declaration previously approved.
Mayor Daly. He wanted to confirm with the Planning Director and Planning
staff that the design and landscaping questions have been resolved on this
proposal.
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City Hall, ~--heim, California - COUNCIL MINUTES - Auqust 23~ 1994 - 5=00 P.M.
Joel Fick, Planning Director. At the Planning Commission Meeting, there was a
lot of discussion and focus on those issues. Concerns originally expressed by
the residents have been addressed and they withdrew their objections at the
meeting.
B4. 179: RECLASSIFICATION NO. 94-95-01 WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 3702 TENTATIVE TRACT MAP NO. 14694, REV I AND
MITIGATED NEGATIVE DECLARATION:
OWNER: Jerome Marks, Sherrie R. Marks et al, 29 Invernes Lane, Newport
Beach, CA 92660
AGENT: Huennekens, Quinn and Talcott, 17895 Yon Karman Ave., ~340,
Irvine, CA 92714
LOCATION: 2144 W. Lincoln Avenue. Property is approximately 6.47 acres
located on the south side of Lincoln Avenue and approximately 102 feet
west of the centerline of Empire Street.
To reclassify the subject property from CL(Commercial, Limited) and PD-
C(Parking District-Commercial) Zones to the RM-3000 (Residential,
Multiple-Family) or a less intense zone.
To permit a 60-unit, RM-3000, detached condominium development with waiver
of required lot frontage, maximum structural height and minimum interior
setback requirements.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 94-95-01 GRANTED (PC94-104) (6 yes votes, 1 absent).
CUP NO. 3702 GRANTED (PC94-105)
Approved waiver of code requirement.
Approved Tentative Tract Map No. 14694, Rev. 1.
Approved mitigated Negative Declaration.
B5. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3704 AND
NEGATIVE DECLARATION:
OWNER: Everett H. and Elma M. Miller, Trustees, 270 Roycroft Avenue, Long
Beach, CA 92803
AGENT: Tait & Associates, Inc., Attn: Timothy Virus, 1100 Town & Country
Road, ~1200, Orange, CA 92668
LOCATION: 956 S. Brookhurst Street. Property is approximately 0.47
acre located at the northeast corner of Ball Road and Brookhurst Street.
To permit a remodeled automobile service station and to construct a car
wash facility with waive=s of (a) minimum distance between service
stations, (b) maximum self-service sign area and (c) minimum landscaping
at street frontages.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3704 GRANTED, IN PART, (PC94-106) (5 yes votes, 1 abstained, and
1 absent)
Denied waiver of code requirement, waivers (a) and (c) were deleted
following public notification and denied waiver (b) on the basis that the
proposed sign meets the intent of the Code. The proposed sign shall be
limited to a monument sign with similar dimensions as the monument sign
located at the Shell service station on the northwest corner of Ball Road
and Harbor Boulevard.
Approved Negative Declaration.
B6. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3707 AND
NEGATIVE DECLARATION:
OWNER: Shell Oil Co., 511 N. Brookhurst, Anaheim, CA 92803
AGENT: Service Station Services, 3 Hutton Center Drive, Ste. 711, Santa
Ana, CA 92707
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City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 23, 1994 - 5:00 P.M.
LOCATION~ 2100 South Harbor Boulevard. Property is approximately 0.52
acre located at the southeast corner of Orangewood Avenue and Harbor
Boulevard and further described as 2100 South Harbor Boulevard.
To permit an existing service station with a 1,215-square foot convenience
market with waiver of (a) maximum number of permitted freestanding signs
and (b) minimum distance between freestanding signs.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3707 GRANTED, IN PART (PC94-107) (5 yes votes, 1 abstained, and
1 absent).
Denied waiver of code requirement waiver (a) was deleted following public
notification and waiver (b) was denied.
Approved Negative Declaration.
Council Member Pickler. He believes there is no alcohol being sold at the
market now.
Greg Hastings, Zoning Division Manager. He confirmed that no alcohol is being
sold and that approval was conditioned on the fact that they would not be
allowed to sell beer and wine.
B7. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3705 AND
NEGATIVE DECLARATION:
OWNER: Dionisie Goia and Daniela Goia, 8932 Tracy Avenue, Garden Grove,
CA 92641
AGENT: Raymond Martinez, 11152 W. Norwood Avenue, Riverside, CA 92505-
2663
LOCATION: 1771 W. Katella Avenue. Property is approximately 2.04 acres
located at the northwest corner of Katella Avenue and Humor Drive and
further described as 1771 West Katella Avenue.
To permit a church with waiver of minimum setback of institutional uses
adjacent to a residential zone boundary.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3705 GRANTED (PC94-108) (6 yes votes, 1 absent).
Waiver of code requirement APPROVED.
Approved Negative Declaration.
B8. 179: RECLASSIFICATION NO. 94-95-02 WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 3708 AND NEGATIVE DECLARATION:
OWNER: John H. Roche Jr. and Mildred G. Roche, P.O. Box 2760, La Habra,
CA 90632
AGENT: Paul Kott and Bob Kirk, 1225 W. Lincoln Ave., Anaheim, CA 92805
LOCATION: 874 S. Anaheim Blvd. Property is approximately 0.16 acre
located on the east side of Anaheim Boulevard and located approximately
265 feet south of the centerline of Valencia Avenue and further described
as 874 South Anaheim Boulevard.
To reclassify subject property from the RM-1200 (Residential, Multiple-
Family) Zone to the CL (Commercial, Limited) Zone.
TO permit a construction company office headquarters within an existing
1,134-square foot residential structure and detached garage with waiver of
required site screening.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 94-95-02 GRANTED, UNCONDITIONALLY, (PC94-109).
Waiver of code requirement APPROVED.
CUP NO. 3708 GRANTED (6 yes votes, 1 absent).
Approved Negative Declaration.
Council Member Pickler asked if this was a redevelopment area and if this
would be something temporary or permanent.
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Greg Hastings, Zoning Division Manager. It is in a redevelopment area. There
is a CUP to use the existing residence as a commercial office and there was
unlimited time given with the CUP.
Council Member Pickler. He asked if the business will be allowed to park
heavy equipment on the premises; Mr. Hastings answered that would not be
allowed and there is to be no storage on the property.
B9. 179: CONDITIONAL USE PERMIT NO. 2686 FOR SUBSTANTIAL CONFORMANCE
DETERMINATION:
REQUESTED BY: Burger King Restaurant, 1201 South Anaheim Boulevard,
Anaheim, CA 92805
LOCATION: 1201 South Anaheim Boulevard.
Petitioner requests substantial conformance determination for revised
exhibits for Conditional Use Permit No. 2686 (to permit two drive-through
restaurants and an outdoor children's play area).
ACTION TAKEN BY THE PLANNING COMMISSION:
Found plans to be in substantial conformance with originally approved
plans; and asked staff to make sure all appropriate building permits were
issued.
END OF THE PLANNING COMMISSION ITEMS FROM AUGUST 8, 1994.
ITEMS B10 - B12 FROM THE ZONING ADMINISTRATOR MEETING OF AUGUST 18, 1994:
DECISION DATE: AUGUST 25, 1994 INFORMATION ONLY -APPEAL PERIOD ENDS SEPTEMBER
9, 1994
BiO. 179: CONDITIONAL USE PERMIT NO. 3709 AND NEGATIVE DECLARATION:
OWNER: BA Properties, Inc., A Delaware Corporation, 333 South Hope
Street, 17th Flr., 4242, Los Angeles, CA 90071 ATTN: Conrad B. Anderson.
AGENT: John Anderson/Phillip Schwartze, 15028 Imperial Highway,
La Mirada, CA 90638
LOCATION: 730 North Euclid Street. Property is approximately 1.84 acre,
with frontage of approximately 132 feet on the east side of Euclid Street,
having a maximum depth of approximately 607 feet and being located
approximately 860 feet north of the centerline of Crescent Avenue.
To permit a private educational facility (university) with waiver of
minimum number of parking spaces.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
CUP NO. 3709 APPROVED (ZA DECISION NO. 94-__).
Approved Negative Declaration.
Bll. 170: TENTATIVE PARCEL NO. 90-125 LREVISED) CATEGORICALLY EXEMPT, CLASS
15:
O~rNER: Anaheim Redevelopment Agency, 201 South Anaheim Boulevard,
Anaheim, CA 92805
AGENT: William~0n & Sehmid, 15101 Red Hill Avenue, Tustin, CA 92680
LOCATION: THE KOLL ANAHEIM CENTER (DOWNTOWN) REDEVELOPMENT PROJECT ALPHA:
Property is approximately 20.9 acres, with approximate frontages of 178
feet on the east side of Harbor Boulevard and of 788 feet on the north
side of Broadway.
Petitioner requests approval to revise Tentative Parcel Map No. 90-125 to
include an additional parcel.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Tentative Parcel No. 90-125 APPROVED (ZA DECISION NO. 94-__)
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City Rall, Anaheim, California - COUNCIL MINUTES - Auqust 23t 1994 - 5~00 P.M.
B12. 170: TENTATIVE PARCEL MAP NO. 94-151 CATEGORICALLY EXEMPT, CLASS 15:
OWNER: Catellus Development Corporation, 1065 North Pa¢ificenter Drive
$200, Anaheim, CA 92806
AGENT: CDC Engineering, 5 Wrigley, Irvine, CA 92781, ATTN: JIM
SCHREDER.
LOCATION: 4931 East Landon Drive. property is approximately 2.02 acres
located at the northeast corner of Landon Drive and Manassero Street.
To create two parcels.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Tentative Parcel Map No. 94-151 APPROVED (ZA DECISION NO. 94-__).
END OF THE ZONING ADMINISTRATOR ITEMS FOR AUGUST 18, 1994
B13. 179: ORDINANCE NO. 5447 FOR INTRODUCTION: Amending Title 18 to rezone
property under Reclassification No. 90-91-07 located at 3010 Lincoln Avenue
from the CH zone to the CL zone.
Council Member Daly offered Ordinance No. 5447 for first reading.
ORDINANCE NO. 5447: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO
REZONE PROPERTY UNDER RECLASSIFICATION NO. 90-91-07 LOCATED AT 3010 LINCOLN
AVENUE FROM THE CH ZONE TO THE CL ZONE.
Cl. 108: FREEWAY-ORIENTED BILLBOARD PROPOSAL DATED JULY 15, 1994, SUBMITTED
BY REGENCY OUTDOOR ADVERTISING, INC.:
Discussion and possible action concerning proposal submitted by Regency
Outdoor Advertising, Inc., relating to freeway oriented billboards.
This matter was continued from the meeting of August 16, 1994 to this
date.
Mayor Daly asked both the City Attorney and Planning Director to give a brief
background report on the proposals submitted and what the staff recommendation
is. A request has also been made by Regency to give a brief presentation
subsequent to staff's input.
City Attorney White. The item is on the agenda due to the submission of the
proposal by Regency Outdoor Advertising dated July 15, 1994. At the Council
meeting of July 19, the Council directed his office to analyze the proposal
and prepare a report to the Council which he did on the date of August 2, 1994
(see report that date). He also submitted previously material relating to a
similar proposal by Regency in the summer of 1992 which had attached to it
three ordinances which he drafted at that time. In this recent report, he
indicated that there were additional issues that needed to be clarified or
addressed prior to their consideration of any ordinance at this time. It is
his understanding that Regency wishes to make a presentation and under Counc£1
rules, even though this is not a public hearing, both Regency and any member
of the public should have an opportunity to speak and the time can be limited.
In addition to his report, the Council has also received a report from
Planning Department staff.
Joel Fick, Planning Director.' Staff has submitted a report dated August 9,
1994, outlining the request. In summary, staff's recommendation is that the
proposal not be approved to amend the zoning code to allow freeway oriented
billboards. This is the 5th request for freeway billboards that the
particular company has made.and the four (4) previous requests have been
denied by the Council, the most recent in July, 1992. He then briefed the
proposal made by Regency Outdoor Advertising (see letter dated July 15, 1994).
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He subsequently outlined staff's major concerns as listed on pages 1, 2 and 3
of his report relating to freeway aesthetics and the adverse impact of
billboards on existing and planned landscaping pr6grams, the great deal of
effort and money going into the Anaheim Resort Commercial Recreation Area
Enhancement, the land use strategic plan for the Anaheim Stadium Business
Center including the Stadium and Arena area, that the proposal is hardly an
equal exchange, the fact that most other cities prohibit billboards and that
the previous four (4) requests for'freeway billboards brought about
substantial concern and opposition by residents and business people.
Frank Elfend, Elfend and Associates. He is present on behalf of Regency
Outdoor Advertising to give a presentation on the proposal submitted. Mr.
Brian Kennedy, president of Regency is also present tonight as well as other
representatives of the company. Mr. Elfend's presentation was supplemented by
slides showing that billboards have been used in the City as an effective
means of communication. Their proposal provides for the removal of 12
billboard structures or 21 billboard panels in the inner city and to relocate
them in 10 locations along industrially zoned areas of freeways. He explained
the specifics of the proposal. He also explained the results of a survey sent
to 5,000 residents in November of 1993 where over 70% favored relocation of
the boards and 6,000 in July 1994 where over 87% of those who received the
survey responded favorably. Mr. Kennedy will also provide free advertising
space to Anaheim civic and charitable groups as part of the proposal.
Mayor Daly first posed questions to staff before inviting public input which
were answered by the Zoning Administrator, Annika Santalahti and Planning
Director, Joel Fick. During the questioning, Mr. Fick explained for the Mayor
that the existing ban on freeway billboards has been in place since the mid
1960's. Originally in exchange for the prohibition of freeway billboards, the
City allowed billboards as a matter of right along arterial intersections at
that time. That is one of the reasons in staff's recommendation to the
Council the proposal is almost going back and getting a double benefit. In
exchange for freeway boards, inner-city boards were constructed. In 1992,
there were 139 existing inner-city boards. By removing roughly 10% of them,
billboards would be proposed again along the freeways in key locations.
The following people then spoke in opposition to the proposal and to
billboards in general. Their.comments are summarized:
Charles Cooper, 2123 Avenida Solidad, Fullerton (an Anaheim businessman
for 17 years and a Chamber of Commerce member for 18 years). He referred
to the letter submitted to the Mayor and Council dated August 23, 1994
from the Board Of Directors of the Chamber of Commerce and the vote taken
on the billboard proposal after Mr. Kennedy made his presentation to the
directors. An overwhelming vote to oppose the Regency proposal was made
by the Chamber. The Chamber supports the Planning staff's position that
the Council oppose the proposal.
Loretta Sanchez-Brixey representing District Council 1209, Spurgeon
Street, Santa Ana. The District Council represents a city in southern
California that has parcels owned by Regency, approximately 100. They
have failed to cut back weeds and brush and the City has had to do weed
abatement. They should not be granting any special favors to a company
like that.
Ron Dominguez, Executive Vice President, Disneyland, 1313 Harbor
Boulevard, Anaheim. Disneyland has a history of being opposed to a change
to the current billboard ordinance. He is again respectfully requesting
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City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 23, 1994 - 5:00 P.M.
that the Council not change the current policy. Changing the policy would
be a step backwards to all the good things that have been accomplished and
that are planned to be done in the future under the Council's leadership.
He requests from Disneyland's point of view that the Council not
reconsider any change of policy in Anaheim and maintain the current policy
or perhaps even consider developing an ordinance that would buy down or
omit over a period of time all signs in the City.
Stan Pawlowski, 1433 Janine Way, Anaheim (42 years). The proposal has
been brought before the Council four (4) times in the past and defeated 4
times. He questions why the proposal keeps.coming back to the City.
There are moves to clean-up, fix-up and modernize the City not only
downtown but in west Anaheim as well as a concerted effort in the C-R
area. This will be taking a step backwards and does nothing to enhance
the community. With the redevelopment plans now in progress in certain
areas of theCity, most of the signs will be eliminated over a period of
years. He urges a no vote on the issue.
Paul Kott, 1255 West Lincoln Avenue, Anaheim. He is a long time resident
of the City. He is opposed to the proposal presented. Cities like Villa
Park, Irvine, Yorba Linda and Newport Beach prohibit billboards. Anaheim
is in the process of an unprecedented facelift. This would be
diametrically opposed to. what the City is trying to achieve and would be a
major set back. The staff report is very clear in outlining the negative
impacts, he also submitted a copy of the survey sent by Regency
explaining how the questions were structured. It was not an unbiased
proposal and respondents had no alternative but to respond favorably. He
cannot see any reasonable sense why anyone would support such a proposal.
It was defeated 4 times in the past and tonight the Council has the power
to send the right message to the billboard companies and the citizens they
represent in denying the proposal.
Jeff Kirsch, 2661 W. Palais, Anaheim. He is also urging the Council to
reject the proposal. He does not believe this is a fair proposal to reach
the goal outlined. The present proposal does not have merit.
Steve Rosco, 1025 Sycamore Street, Anaheim. The proposal does not lend
itself to the image Anaheim wants and needs. He is for no more billboards
and suggests removal of all existing billboards.
Jim Leech, General Manager, Holiday Inn, 122 S. Harbor Blvd., Anaheim.
The City is currently in the process of proposing the Anaheim Resort Plan.
The proposal is contrary to the goals of the community and the City. If
some billboards are approved for the freeway, what will the Council say to
the next applicant who requests the same. He is opposed to billboards on
the freeway.
Julie Mayer, 1837 W. Orange, Anaheim. She is opposed to any change in the
current ordinance and asked that the Council not give any further
consideration to the proposal. She is in favor of removing any inner-city
billboards that they can, but also that billboards be kept off the
freeways.
Bill O'Connell, partner, Stovall Hotels, 110 W. Katella, Anaheim. He does
not feel they need any more billboards and the ones currently standing
that are unsightly should be removed from the City as well.
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Patrick Hines, Director of Community Relations, Anaheim Hilton and Towers,
777 Convention Way, Anaheim. He is speaking on behalf of the hotel's
general manager and sales and convention management of the hotel. Any
increase in the number of billboards on the freeways in Anaheim will have
a negative impact on their ability to sell the area to meeting planners
and to wholesalers. Billboards and eye sore go together. They are
ridiculed worldwide as the epitome of ugliness. The City would be taking
a step backward. He respectfully urged the Council to reject the
proposal.
Bob Wahl, 1532 Laster, Anaheim (35 years). In viewing the slides
presented by Regency, he thought the 13 existing boards shown were an
excellent example of graffiti -- billboard graffiti. He recommends denial
of the proposal.
Keith Olesen, 321 N. Philadelphia, Anaheim. The issue keeps coming up
every two years at election time. The same proposal keeps getting made by
the same people. The billboard company, the lobbyist and the man from
Carson do not live in Anaheim. Anaheim residents do not want this. They
do not need the billboards they've already got. If the offer would stand
relative to removing the "trashy" boards and the City again would pass on
building new ones, that would be a real service to the community. He then
explained for Council Member Simpson that the billboard companies have two
chances to present their proposal, once before Council leaves office and
once when another Council is seated. He is not questioning the Council's
integrity. Integrity has been shown by the Council in the proposal being
voted down in the past. What offends him is that it keeps coming up. The
lack of integrity is in the people who keep bringing it forward over and
over. He feels the Council has an obligation to deny the request.
Claire Brown, 720 S. Sherill street, Anaheim. She received the recent
survey which was sent to a lot of Anaheim residents. She did not mark
whether she approved or disapproved, but asked for further information and
what Regency was getting out of this which she requested on July 8, 1994.
She has received no response. If the City is going to deal with any
companies, it needs to be a responsive company.
Mayor Daly asked to hear from those in favor who wished to speak.
Brian Gurney, President, Hollywood Outdoor Advertising, 1463-202 3rd
Street, Carson. Putting up freeway billboards draws people to the City.
He urged that they get the pollution of billboards out of the inner city
and out to the highways where they can draw traff£c.
The following people then spoke in opposition:
Mariam Kayw00d. The issue has been presented over and over and the
Council repeatedly denies it. She received one of the questionnaires and
since there was no place to say no, she did not respond. It also said
they would remove 21 boards and replace them with 10 and now it is 13.
Two years ago there were 23 speakers who spoke against the proposal and
Mayor Daly, Councilman at the time, moved to deny the proposal, seconded
by Council Member Hunter. Council Member Feldhaus was not on the Council
then, but spoke on the issue asking why it is before the Council again and
again. It is very clear by all the citizens if there is one issue that
unites all parts of the City, north, south, east and west, it is their
opposition to billboards. She urged the Council to tell Regency to
"peddle their billboards" elsewhere.
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City Ha11~ Anaheim, California - COUNCIL MINUTES - Auqust 23, 1994 - 5~00 P.M.
The Planning Director then answered additional questions posed by Council
Members noting that of the boards proposed to be relocated, one is actually
in a redevelopment area directly and approximately six others are adjacent to
areas that may redevelop. The last time inner city billboards were counted
(inventoried) was in September 1992 and there were 139 boards.
Mayor Daly. The last time the issue came up was a couple of years ago and at
that time he made a motion to deny-the proposal. Planning staff has advised
the Council to deny the request. In the interest of saving further staff time
and so they can focus on productive endeavors to clean up and improve Anaheim,
he is moving to deny the proposed request from Regency Outdoor Advertising and
that no further work be done on this item.
Before further action was taken, Council Member Hunter asked why the issue was
on the agenda and if it was there for action, discussion or for the Council to
do anything.
City Attorney White. The proposal was received by the Council on or about
July 15 or 16, 1994. At the following Council Meeting on July 19, Council
Member Pickler indicated he received a proposal along with the rest of the
Council and asked that it be placed on the Agenda. There was some discussion
about when he (White) could report back to the Council. Because he was going
on vacation, he requested it be put off until the middle of August. It was
subsequently carried over until tonight's meeting.
With regard to the action, it is agendized to consider the proposal by
Regency. A motion is included on the Agenda as is typically done which could
range from giving staff direction or receiving and filing the proposal or the
motion just made to take no further action with regard to the proposal. There
is a wide range of options. He has not prepared a new ordinance to give to
the Council but has submitted prior ordinances which were submitted in 1992.
He explained for Council Member Feldhaus that there is no way to stop the
public from petitioning the Council with any proposal regardless of the action
taken tonight. It could be done anytime in the future by Regency or anybody
else.
Council Member Pickler. The Council has an ordinance which was prepared by
the City Attorney going back.to June 17 and July 15, 1992. The ordinance they
are talking about has a lot of merit, if they can clean-up one, two, three or
four billboards from the inner city, he feels it is a positive thing. They
would have to come back with a CUP as he understands it.
city Attorney White confirmed that the 1992 draft ordinance would be a CUP
ordinance.
Council Member Pickler reiterated that anytime they can eliminate a sign,
there is something to gain. If they don't llke a specific proposal for a
billboard, they can turn it down under a CUP. It gives the Council the
opportunity to help clean up the inner.city. Putting billboards in industrial
areas will not affect the inner city. If the proposal was to leave boards in
the inner city and also put others up, he would have a concern. He noted that
the City Attorney had some legal issues that were of concern that have not
been cleared up.
City Attorney White. He wanted to point those out to the Council to make sure
they were comfortable with whatever those issues were. It is up to the
Council whether they feel it is clear and whether or not they are happy with
the status. Back in 1992 when he drafted the ordinance, he was comfortable
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City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 23, 1994 - 5500 P.M.
with it at that time aa to the fact that it wae legal and enforceable and
addreeeed what he underetood at that time to be the iesues involved. He does
not see a legal problem with the 1992 ordinance - in 1992 or today. The issue
is whether the Council thinks that is an appropriate ordinance today.
Council Men%ber Feldhaus. He is concerned if they get an approval on the
Mayor's motion to deny that they will be back with another formalized proposal
in a few weeks. He ask if the Mayor would amend his motion that they defer
any action on this issue until after the November election when there is a
newly constituted Council.
Council Member Daly amended his motion to table the entire matter until
December 1, 1994. Council Member Feldhaus seconded the motion.
Before action was taken, Council Member Hunter stated he does not think they
should table the matter but instead do nothing with it; Mayor Daly. That is
why he first brought the motion to deny the request to allow freeway
billboards. He emphasized if he Could "drive a stake through its heart" this
evening he would do so. He is trying to end it.
Council Member Pickler then asked if he offered the ordinance tonight, the one
drafted in 1992 amending Chapter 18.05 from the Staff Report of July 15, 1992,
and also the amendment to Chapter 4.08 of the June 17, 1992 Staff Report, how
long a period of time would it be before it would come back to the Council for
adoption.
City Attorney White. Normally it would be agendized for the following Council
meeting for further consideration and possible adoption. In the past, Council
has on occasion by motion deferred adoption to a specific date especially in
instances where it is a matter of some controversy and a full Council is not
available.
Council Member Pickler. He knows that some Council Members will be going on
vacation and does not know the next time all Council Members will be in
attendance at a Council meeting.
Mayor Daly. The motion on the floor is by no means the original motion he had
intended. He clarified that his amended motion is to defer the entire package
to the first Council meeting in December which the City Clerk confirmed will
be December 6, 1994.
A vote was then taken on the foregoing motion. Council Member Pickler voted
no. MOTION CAi~RIED.
RECESS: By general consent, the Council recessed for 10 minutes. (7:35 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (7:50 p.m.)
C2. GOLF PRIVATIZATION - BUDGET ADVISORY COMMISSION REVIEW OF KPMG REPORT AND
RECOMMENDATION: Review and possible action relating to report of KPMG Peat
Marwick Management Consultants. This matter was continued from the meeting of
August 16, 1994, (see minutes that date). Following extensive input, the
matter was referred to the Budget Advisory Commission for review of the report
and subsequent recommendation to the Council.
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City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 23, 1994 - 5500 P.M.
Submitted was report dated August 19, 1994 to the City Council from Shirley
McCracken, Chairperson of the Budget Advisory Commission on behalf of the
Commission.
Mayor Daly asked the City Manager to summarize the action and recommendation
of the Budget Advisory Commission (BAC). Seven (7) days ago, the subject was
referred to the BAC for their recommendation and to allow them to review the
KPMG report. (See minutes of'August 16, 1994 and also June 21, 1994 where
extensive input and discussion took place on the issue.)
City Manager Ruth. The Budget Advisory Commission conducted a special meeting
on Thursday, August 18, 1994. Seven (7) members were in attendance; three (3)
were out-of-town. A representative from KPMG was present and made a full
presentation on his findings.of the evaluation of the golf proposal submitted
by American Golf. As a result of the presentation, there was considerable
deliberation on the part of the Budget Commissioners. At the conclusion of
the major discussion on the issue, the BAC reco~mended 7-0 in opposition to
the privatization of the City's golf courses. In'their recommendation to the
Council (see report dated August 19, 1994) several issues were discussed which
they wanted to bring forward for Council consideration. The Commission
commended the City Council for continuing to pursue the privatization effort
and getting additional information. They felt that the process had been
productive and they had a better understanding of the golf issues facing the
city, the value and benefits of the Golf assets and the proposal that was
submitted by American Golf as well as the counter proposal by City staff.
Besides their recommendation not to privatize the maintenance and
administration of the golf operation at this time, the BAC recommended the
following:
1)
Re-examine golf's mission statement and direct staff, in concert with
the Golf Advisory Commission and the Budget Advisory Commission, to
either amend or develop a new statement consistent with City Council
policy.
2) Direct staff to set goals and objectives consistent with the revised
mission statement.
3)
Direct staff to operate the golf courses like a business and generate
a return to the City's general fund, which may include fees increases
and a change in fee structure where appropriate, consistent with the
City's mission statement.
4)
Provide staff with a specific time frame, a certain number of years,
in which to demonstrate its ability to enhance the profitability of
the golf courses.
The Commission concluded that they were of the opinion that privatization of
the golf courses is not in the City's best interest at this time and that the
profitability differences are not great enough to lose the flexibility of City
management and the possibility of even greater returns in the future.
Mayor Daly. He then asked the City Manager to summarize the most recent
performance of the golf courses under the City's management.
City Manager Ruth. The Parks and Recreation Department assumed operation of
the courses approximately one year ago. In the first year, revenue was up at
7.4% and expenses down $77,000. The net operating income was up 34% with a
record contribution to the general fund of $1,330,380 plus an additional
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City Hallt Anaheimr California - COUNCIL MINUTES - Auqust 23, 1994 - 5500 P.M.
$107,240 to support City administrative overhead. The net surplus of $379,554
increased the balance in the golf retained earnings fund to $2,648,071.
Essentially the golf courses are in great shape as was reaffirmed by
evaluations by the Golf Commission, U.S.G.A. and Independent Shoppers Service
and the improvements they proposed for the past year were all accomplished
within the time frames and within the budgets allocated.
Mayor Daly. He asked if the City Manager personally projects an annual net
revenue or net transfer to the general fund from the existing City operated
golf courses for a 12-month period. Where he is coming from, the best private
proposal received guaranteed the City $1.6 million per year. From that, there
would be some City expense in overseeing the courses so that would have to be
backed out; City Manager Ruth stated that would be a little over $100,000.
Mayor Daly asked based on the recent numbers laid out by staff, would the City
operation be able to meet that number of approximately $1.5 million.
City Manager Ruth. They have evaluated the operation every which way and feel
there are some revenue opportunities through creative management which they
could initiate immediately as well as some additional cost reductions that
could be implemented. The answer is yes. Staff is conmlitted to doing that.
The Commission as they made their evaluation last week felt, based on the
excellent performance during the past year, that Parks and Recreation should
be given the opportunity to meet or exceed the proforma submitted by American
Golf and they should be given the time and tools to accomplish that.
Mayor Daly. The Council has heard from people in the community on all sides
of the issue for many months. He has made up his mind and is suggesting that
the Council adopt verbatim the Budget Advisory Commission recommendation to
the Council, which would maintain the City's golf courses as City operated
with City employees with one addition - that the annual revenue for the
courses meet or exceed the best private proposal received by the City or
approximately $1.6 million as analyzed in the cost-benefit analysis by KPMG.
MOTION: Mayor Daly confirmed his motion that the Council not privatize the
City's golf courses as recommended by the BAC and also adopting the
Commission's recommendations as stated in their report to the Council of
August 19, 1994 with the addition that the annual revenue for the courses meet
or exceed the best private proposal received by the City of approximately $1.6
million. Council Member Simpson seconded the motion.
Before a vote was taken, City Manager Ruth stated he does not believe that
staff would have any problem with that and welcomes the challenge; Mayor Daly.
Staff will be returning to the Council to implement the recommendations.
City Manager Ruth. He will be working closely with the Golf and Budget
Advisory Commission and will be back in 45 days or mid-October with the
detailed background on how they intend to implement the recommendations. He
also confirmed for the Mayor that staff would be able to report to the
Council every six months as to the financial performance of the golf courses.
Council Member Feldhaus. He is pleased as a result of the consideration of
privatization they have been able to mctivate, change and fine tune some
thinking on behalf of the City. In prior years, the City staff was not given
any policy direction to run the courses to maximize profits. With the recent
figures supplied to the Council relative to the golf course revenues and the
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City Hall, ~-aheim, California - COUNCIL MINUTES - Auqust 23r 1994 - 5:00 P.M.
reduction of expenses, it prompts him to vote to allow the City to continue to
operate the courses at substantial profit and to maintain them the way they
have been maintained. He will vote to defer any further action of
privatization of the courses for at least a couple of years.
Council Member Hunter. He emphasized the motion was not to defer further
action on privatization. The proposed action is allowing the City to maintain
the "cash register" and to hold on-to a very valuable asset. The study stated
it best - that with regard to the golf courses, they are looking at a 30%
increase in people who want to play golf. They should never want to give up
the valuable asset that Anaheim has in its golf courses. It is also giving
staff direction to start running the courses like a business. Chris Jarvi and
Jack Kudron have done a great job in the short time Parks and Recreation has
been managing the courses. As far as he (Hunter) is concerned, they are
deferring the issue of privatization of the courses forever.
Council Member Simpson. He suggested that they end the discussion because
there are many people who want to celebrate. To all those who have waited so
patiently, the people who do the work to maintain the courses, all they need
to do is to continue to do what they have been doing so well.
Mayor Daly. He thanked Ed Klein, Chairman and the Members of the Golf
Commission for the time and effort expended on this issue. He commended the
people who have brought them to the point where they are today - the Golf
Course Advisory Commission, Shirley McCracken and the Budget Advisory
Commission and all involved. It has been a very educational process. They
have all learned what the competition is, what the private sector is willing
to do and the City Manager has committed to meet, match and perhaps beat it.
A vote was then taken on the foregoing motion made by Mayor Daly and carried
by the following vote:
Ayes: Feldhaus, Simpson, Pickler, Hunter, Daly
Noes: None
C3. 114: COUNCIL COMMENTS: There were no Council Comments.
C4. 112: REPORT 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. 179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3554
AND NEGATIVE DECLARATION:
OWNER: EDGA Enterprises, 1990 Westwood Blvd., Los Angeles, CA 90025
AGENT: Byong Kee Kent Hong, 2801 E. Chestnut Ave., Orange, CA 92667
LOCATION/REQUEST: The property is located at 1490 South Anaheim Boulevard
(Prestigio Towers Bar and Grill) and is approximately 0.95 acre located at
the northeast corner of Cerritos Avenue and Anaheim Boulevard.
Request for modification or deletion of a condition of approval pertaining
to the limitation of time of an existing restaurant with on-premise sale
and consumption of alcoholic beverages.
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ACTION TAKEN BY THE PLANNING COMMISSION:
Denied request to modify or delete Condition No. 23 of Decision No. ZA92-
51 adopted in connection CUP NO. 3554 - which expired on March 1, 1994
(PC94-63) (5 yes votes, 1 no vote, and 1 absent).
Negative Declaration previously approved.
HEARING SET ON: A letter appealing the Planning Commission's decision was
submitted by the Agent, Byong Kee Kent Hong and Public Hearing scheduled and
continued from the meeting of August 2, 1994 to.this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - July 21, 1994
Mailing to property owners within 300 feet - July 21, 1994
Posting of property - July 22, 1994
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated August 2, 1994.
City Clerk Sohl announced that letter dated August 16, 1994 from Thomas
Kieviet of the law firm of Farano & Kieviet had been received stating that the
applicant wishes to withdraw the subject request.
City Attorney White. Because the request was received by the City after the
appeal period expired, technically they cannot allow the appeal to be
withdrawn. His recommendation is that the Council take any public testimony
they may need to be given and then adopt a resolution denying the proposed
amendment of conditions confirming the actions taken by the Planning
Commission. It is necessary to hold a hearing and adopt the resolution even
though the applicant does not wish to proceed.
Mayor Daly opened the public hearing and asked to hear from anyone who wished
to speak.
PUBLIC DISCUSSION -
IN FAVOR: None
PUBLIC DISCUSSION -
IN OPPOSITION: None
Mayor Daly closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - DENIAL OF NEGATIVE DECLARATION: On motion by
Council Member Pickler, seconded by Council Member Simpson, the City Council
denied 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 substantial evidence that the project will
have a significant effect on the environment. MOTION CARRIED.
Council Member Pickler offered Resolution 94R-216 for adoption, denying
Conditional Use Permit No. 3554. Refer to Resolution Book.
RESOLUTION NO. 94R-216: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL OF CONDITIONAL
USE PERMIT NO. 3554.
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Roll Call Vote on Resolution No. 94R-216 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Simpson, Pickler, Hunter, Daly
None
None
The Mayor declared Resolution No. 94R-216 duly passed and adopted.
D2.
179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 3691 AND NEGATIVE DECLARATION:
OWNER: Local No. 887 UAW-CIO Building Corp., Attn: E.J. Schales, 14910
Garfield Ave., Paramount, CA 90723
LOCATION/REQUEST: 1221 N. Placentia Avenue. The 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 COMMISSION:
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.
Review of the Planning Commission's decision requested by Council Members
Feldhaus and Pickler at the meeting of July 19, 1994, and public hearing
scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - August 1, 1994
Mailing to property owners within 300 feet - August 11, 1994
Posting of property - August 12, 1994
STAFF INPUT: See staff report to the Planning Commission dated June 27, 1994
dated.
Mayor Daly asked to hear from Council Members Feldhaus and Pickler who set the
matter for a public hearing.
Council Member Feldhaus. His concerns revolved around the fact that there
were no restrictions placed on the CUP indicating a right turn only when
exiting the project from Placentia Avenue and also State College Boulevard.
John Lower, Traffic and Transportation Manager. They did an accident analysis
at those locations and found no accident pattern involving left turns and,
therefore, feel there is no need on the State College Boulevard driveways to
restrict the left turn movements. Because of the angle, however, on
Placentia, he would recommend no out-bound left-turns on the Placentia
driveway. On State College, it is their intention to monitor the situation
closely and to look at the on street parking as an opportunity to improve any
situation that may result.
Council Member Feldhaus. Coming out of State College with the freeway on ramp
just to the north and then the intersection of Placentia, it seems a very
hazardous situation. He does not want to wait for accidents to occur before
addressing the problem. As a precautionary measure, it would seem very
sensible to restrict that.
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City Hallr ~naheim, California - COUNCIL MINUTES - Auqust 23, 1994 - 5:00 P.M.
John Lower. Another part of the evaluation looked at the length of the left-
turn pocket at the intersection of State College and Placentia, the southbound
left turn. It is always a concern when drivers are focused on making left-
turns at the signalized intersection and not seeing the opposing left turns.
However, it is a short left turn with only 50 vehicles during each peak hour.
Staff does not see a need to lengthen the left pocket. Because of no accident
history, he sees no reason to prohibit the left-turn movements on State
College.
Mayor Daly. He asked to hear from the owner or the applicant or a
representative of the applicant; there was no response. He then asked to hear
from anyone present in favor or in opposition. No one was present to speak
either in favor or in opposition.
Mayor Daly closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Hunter, seconded by Council Member Daly, the City Council approved the
negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant effect on the environment. MOTION CARRIED.
Council Member Hunter offered Resolution No. 94R-217 for adoption granting
Conditional Use Permit No. 3691. Refer to Resolution Book.
RESOLUTION NO. 94R-217: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3691.
Before a vote was taken, Mayor Daly noted that the staff report recommended
not allowing a waiver on landscaping. It is unclear whether any part of that
waiver was granted or not. He wants to make sure staff is comfortable with
the landscaping plan.
Joel Fick, Planning Director. Landscaping was important to staff and the
Commission as well. A portion of the waiver adjacent to the east property
line was addressed. The landscaping plans do have to go back to the Planning
Commission so they are comfortable that the important facets of the
landscaping have been addressed and will be reviewed by the Planning
Commission.
Council Member Pickler. The idea of a right-turn only on both State College
and Placentia is positive. He does not want to wait to see if accidents are
going to happen. It is one of the busiest streets in Anaheim and approval
should be conditioned on putting up the same sign on Placentia and also on
State College that only r~ght-turns are permitted. He agrees with Council
Member Feldhaus. Safety is a big factor.
MOTION: Council Member Pickler moved that there be right-turns only when
exiting the property from State College Boulevard and Placentia Avenue.
Council Member Feldhaus seconded the motion.
Before a vote was taken, Council Member Feldhaus noted that Mr. Lower is
recommending that at least on Placentia there will be a right turn only and it
was not in the original proposal.
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City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 23, 1994 - 5~00 P.M.
Mr. Lower confirmed that was correct. There is no condition to prohibit that
left turn at this time but that is his recommendation.
Council Member Hunter. He will amend his offering of the resolution of
approval to follow the traffic engineer's recommendation regarding a right-
turn only on Placentia but not on State College.
The City Attorney then clarified the proposed actions presently on the floor
and how those should be handled.
A vote was then taken on the motion by Council Member Pickler, seconded by
Council Member Feldhaus prohibiting left turns on both Placentia and State
College and failed to carry, Council Members Simpson, Hunter and Daly voting
no.
City Attorney White. For purposes of the record, it is important to note that
the Transportation Manager's opinion is that there is not a dangerous
condition of property by not having that additional sign. The expert opinion
is that it is not a dangerous condition.
Council Member Hunter then amended the offering of his Resolution following
the Traffic and Transportation Manager's recommendation that there be a right-
turn only on Placentia Avenue but not on State College Boulevard. A vote was
then taken on the foregoing Resolution with that amendment.
Roll Call Vote on Resolution No. 94R-217 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Simpson, Pickler, Hunter, Daly
None
None
The Mayor declared Resolution No. 94R-217 duly passed and adopted.
RECESS - CLOSED SESSION: Council Member Daly moved to recess into closed
session. Council Member Simpson seconded the motion. MOTION CARRIED.
(8:23 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (8:35 p.m.)
SALARY INCREASES - CITY COUNCIL APPOINTEES: City Attorney White announced
that the City Council by a unanimous vote has approved pay increases of 2.25%
for the City Manager, City Clerk and City Treasurer and a 5.0% increase for
the City Attorney.
ADJOURNMENT: By general Council consensus the City Council adjourned.
(8:36 p.m.)
No City Council meetings are scheduled for the next two weeks, August 30 and
September 6, 1994.
LEONORA N. SOHL, CITY CLERK
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