1993/01/05City Hallr Anaheim, California - COUNCIL MINUTES - JANUARY 5, 1993 - 5:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
ASSISTANT CITY CLERK: Ann M. Sauvageau
PLANNING DIRECTOR: Joel Fick
ZONING ADMINISTRATOR: Annika Santalahti
TRAFFIC AND TRANSPORTATION MANAGER: John Lower
INVESTIGATOR, VICE DETAIL/POLICE DEPARTMENT: Jim Gandy
UTILITIES GENERAL MANAGER: Edward Aghjayan
PROGRAM DEVELOPMENT AND AUDIT MANAGER: Ken Stone
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 2:55 p.m. on December 31, 1992 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Daly called the meeting to order at 3:00 p.m.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. To confer with its attorney regarding pending litigation pursuant
to Government Code Section 54956.9(a) to wit:
Golden West Baseball Co. vs. City of Anaheim, Orange
County Superior Court Case No. 40-92-46; Anaheim Stadium
Associates vs. City of Anaheim, et. al., Orange County
Superior Court Case No. 44-81-74.
Amer Elrousan dba Sahara Theater vs. City of Anaheim,
Orange County Superior Court Case No. 70-08-13.
Anaheim Redevelopment Agency vs. Church Engineering,
Inc., Orange County Superior Court Case No. 69-91-70.
Adams International Metals v. City of Anaheim, Orange
County Superior Court Case No. 69-97-13.
To meet with and give directions to its authorized representative
regarding labor relations matters - Government Code Section
54957.6.
To consider and take possible action upon personnel
matters pursuant to Government Code Section 54957.
To confer with its attorney regarding potential
litigation pursuant to Government Code Section 54956.9
(b)(1).
ee
To consider and. take possible action upon such other
matters as are orally announced by the City Attorney,
City Manager or City Council prior to such recess unless
City Hall, Anaheim, California - COUNCIL MINUTES - JANUARY 5, 1993 - 5:00 P.M.
the motion to recess indicates any of the matters will
not be considered in closed session.
Additional items - Council by unanimous vote of members present waived posting
requirements of the Brown Act (Gov. Code Sec. 54954.2(b) and acted upon the
following:
f. Wisong v. City of Anaheim, O.C.S.C.C. No. 67-87-70.
Anaheim Redevelopment Agency to meet with its real property
negotiator concerning possible acquisition of certain property
located w/o Manchester Avenue between Lincoln and Broadway owned
by Southern Pacific Transportation Company.
h. DiFilipo v. City of Anaheim, O.C.S.C.C. No. 55-45-28.
By general Consent, the Council recessed into Closed Session. (3:00 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(5:20 p.m.).
INVOCATION: A moment of silence was observed in lieu of the invocation.
FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATION: The following proclamation was issued by Mayor Daly and
authorized by the City Council:
NEPCON Week in Anaheim, February 8-12, 1993
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,313,141.25 for the
period ending December 18, 1992, $3,990,091.30 for the period ending
December 24, 1992, and $2,530,800.87 for the period ending December 31, 1992,
in accordance with the 1992-93 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency, Housing Authority and Public Improvement Corporation meetings.
(5:21 p.m.)
Mayor Daly reconvened the City Council meeting. (5:30 p.m.)
PUBLIC COMMENTS - AGENDA ITEMS:
Public input was given under specific agenda items.
ITEMS OF PUBLIC INTEREST:
Lauren Gauthier, 101 S. Avenida Felipe. She is outraged and deeply upset that
one of the first actions taken by the "new" Council was to throw good people
off boards and commissions for no credible reason she can see. Bob Zemel did
a fine job as Planning Commissioner. He has helped many people come to
reasonable compromises on diverse issues. She feels the Council is ignoring
the wants of the people by ousting him ahead of his term closure. She would
like to see him reinstated/reappointed to the Planning Commission and asked
the best way to implement this.
City Hallt Anaheimt California - COUNCIL MINUTES - JANUARY 5, 1993 - 5:00 P.M.
George Schrieder, 924 N. Lemon, Anaheim. He explained he is an experienced
and qualified accounts receivable clerk who is looking for a job.
c WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS
City Attorney White explained that due to the recent Charter change voted on
by the citizens, only One motion at this point in the agenda (Item c) will be
necessary to waive reading in full of all ordinances and resolutions to be
acted upon at each Council meeting.
MOTION: Council Member Simpson moved to waive reading in full of all
ordinances and resolutions to be acted upon for the Council meeting of
January 5, 1993. Council Member Hunter 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. 93R-1 through 93R-7, both inclusive, for
adoption. Council Member Pickler offered Ordinance No. 5345 and 5346 for
adoption and offered Ordinance No. 5349 for introduction. Refer to
Resolution/Ordinance Book.
Al. 118: The following claims were filed against the City and action taken
as recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by Edward E. Moon for property damage sustained
purportedly due to actions of the City on or about September 29, 1992.
b. Claim submitted by Pacific Bell, R. P. Bernal, for property damage
sustained purportedly due to actions of the City on or about May 18, 1992.
c. Claim submitted by Tom and Karen Giglio for property damage sustained
purportedly due to actions of the City on or about November 3, 1992.
d. Claim submitted by Kelly Lovett, c/o Robert E. Perkins, Jr., for
bodily injury sustained purportedly due to actions of the City on or about
August 24, 1992.
e. Claim submitted by Dennis Norton for property damage sustained
purportedly due to actions of the City on or about November 14, 1992.
f. Claim submitted by Southern California ~as Company, attn~ Mary H.
Gums, for property damage sustained purportedly due to actions of the City
on or about October 20, 1992.
g. Claim submitted by Brenda and Richard Crispino for property damage
sustained purportedly due to actions of the City on or about November 3,
1992.
h. Claim submitted by Rebeca Kassman, c/o Joseph Powell, for property
damage and bodily injury sustained purportedly due to actions of the City
on or about November 3, 1992.
City Hall, Anaheim~ California - COUNCIL MINUTES - JANUARY 5, 1993 - 5:00 P.M.
i. Claim submitted by Elena Powell by Tracy Hamilton as Guardian, c/o
William P. Aldrich, for bodily injury sustained purportedly due to actions
of the City on or about October 11, 1992.
j. Claim submitted by Ellsworth Truck and Auto Machining, Inc. for
property damage sustained purportedly due to actions of the City on or
about July 6, 1992.
k. Claim submitted by Teresa Vanden Heuvel for bodily injury sustained
purportedly due to actions of the City on or about September 4, 1992.
1. Claim submitted by Fred Rohr, c/o James G. Harker, for bodily injury
sustained purportedly due to actions of the City on or about October 30,
1992.
m. Claim submitted by Alicia Cazarez, c/o Bruce A. Workman, for property
damage and bodily injury sustained purportedly due to actions of the City
on or about October 8, 1992.
n. Claim submitted by Gustavo Molina Reyes, c/o William P. Wooten, for
property damage and bodily injury sustained purportedly due to actions of
the City on or about August 5, 1992.
o. Claim submitted by Richard M. Ornelas, c/o Greg L. Eriksen, for bodily
injury sustained purportedly due to actions of the City on or about
October 11, 1992.
p. Claim submitted by David N. Schultz, Inc. for property damage
sustained purportedly due to actions of the City on or about May 2, 1992.
q. Claim submitted by Jeanne Hauck for property damage sustained
purportedly due to actions of the City on or about November 3, 1992.
r. Claim submitted by Larry L. Carroll for property damage sustained
purportedly due to actions of the City on or about November 3, 1992.
s. Claim submitted by Thuoc Van Dinh for property damage sustained
purportedly due to actions of the City on or about November 3, 1992.
t. Claim submitted by Rosalyn Ann Franks, c/o Sandra C. Leonard, for
injury to personal property sustained purportedly due to actions of the
City on or about June 9, 1992 through August 28, 1992.
u. Claim submitted by Timi Hodges, c/o Robert B. Reeves, for bodily
injury sustained purportedly due to actions of the City on or about
June 19, 1992.
v. Claim submitted by Young H. Choi for property damage sustained
purportedly due to actions of the City on or about November 3, 1992.
w. Claim submitted by Donald Adams for property damage sustained
purportedly due to actions of the City on or about November 8, 1992.
A2. 156~ Receiving and filing the Anaheim Police Department Crime and
Clearance Analysis for the month of November, 1992.
105: Receiving and filing minutes of the Senior Citizens Commission meeting
held November 12, 1992.
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City Hallr Anaheimt California - COUNCIL MINUTES - JANUARY S, 1993 - 5:00 P.M.
105: Receiving and filing minutes of the Community Services Board meeting
held November 12, 1992%
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held November 25, 1992.
105: Receiving and filing minutes of the Public Utilities Board meetings held
September 17, October 1, and October 15, 1992.
117: Receiving and filing the Summary of Investment Transactions for
November, 1992, as submitted by the City Treasurer.
173: Receiving and filing a Second Amended Application before the Public
Utilities Commission of the State of California regarding Hickey's Space Ship
Shuttle for certificate of public Convenience and necessity to operate as
Passenger Stage service between certain portions of Los Angeles County and
Orange County and Los Angeles International Airport and John Wayne Orange
County Airport.
A3. 169: Awarding the contract to the lowest responsible bidder, Ail-
American Asphalt, in the amount of $515,826.92 for Ball Road Street
Improvements~ and in the event said iow bidder fails to comply with the terms
of the award, awarding the contract to the second low bidder, as well as
waiving any irregularities in the bids of both the Iow and second iow bidders.
A4. 170: Approving the Subdivision Agreement of Parcel Map No. 92-201 with
T. Rowe Price Realty Income Fund II. Said parcel is located at 1190 Kraemer
Boulevard and 3140 Coronado Street.
A5. 113: RESOLUTION NO. 93R-1: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO
YEARS OLD. (Traffic Engineering records.)
A6. 176: RESOLUTION NO. 93R-2: 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 A DATE AND TIME TO CONSIDER ABANDONING
THOSE TWO EASEMENTS FOR SURFACE DRAINAGE EXTENDING EASTERLY FROM GARZA STREET
AT THE ENDS OF CHANTICLEER ROAD AND HARRIET LANE. (Suggested public hearing
date: February 2, 1993, at 6:00 p.m.) (Abandonment No. 92-6A.)
Council Member Feldhaus. He asked if there was an agreement with the adjacent
property owners as to how the drain is to be maintained as well as the City
being released from all liability.
Natalie Lockman, Principal Civil Engineer. There are agreements with the four
property owners involved accepting resp0nsibili~y for maintenance of the
drainage ditches. Ail of the City's interests will be quit¢laimed from the
easements.
A7. 1512 Approving an Encroachment License Agreement (91-13E) with Chevron
USA, Inc., for two water monitoring wells located at Brookhurst and La Palma.
AS. 151: Approving an Encroachment License Agreement (92-4E) with Southern
California Gas Company, for a portion of a fuel cell facility located within
existing storm drain and sewer easements at Kaiser Hospital (Lakeview).
Ag. 158: Approving a Right-of-Way Agreement and Right-of-Entry with Whittle
Investors-State College for 2050 South State College Boulevard; authorizing
City Hall, Anaheimr California - COUNCIL MINUTES - JAA~JARY 5, 1993 - 5:00 P.M.
Jeff Kirsch, 2661W. Palais. He does not have a problem with this
recommendation but feels there are other alternatives that can be considered
which he then explained concluding that Utility or City coffers should be the
last resort as a funding source.
Council Member Pickler. He was going to remove the item for discussion not
because he i8 opposed, but he does not feel taxpayer's funds should be used.
He feels this will be stepping beyond what the City should do.
Mayor Daly. He feels it might be appropriate to lure private money to augment
the scholarship fund on a matching basis. As a seed contribution, he feels it
is a good idea.
Ed Aghjayan, Public Utilities General Manager. They do not make any
recommendations they do not think would be a good business investment for the
City and the Utilities. While they do have a recruitment issue, the program
is geared to the economically disadvantaged youth in Anaheim. It is not just
a Utilities scholarship program. It is in cooperation with the City's Gang
and Drug Task Force to focus on the disadvantaged youth in Anaheim to get that
youngster who is a senior in high school who may not have a chance to go to
college otherwise. It establishes a partnership with them. These are for
Anaheim residents and they are recruiting Anaheim's High School seniors. He
thereupon briefed some of the details of the program. They do not want to
require employment and he does not believe that could be enforced. They will
not be spending one-quarter million dollars but are taking $250,000 out of the
refunds and putting those fund8 in an interest bearing account and using only
the interest from that account estimated to be between $16,000 and $20,000 a
year to fund up to $4,000 fellowships. They have reviewed the program with
the Chamber of Commerce Education Committee and the City's Gang and Drug Task
Force. They received enthusiastic support relative to the positive impact
this would have on the disadvantaged youth in Anaheim. They have a choice -
the $250,000 can be put in the bank to earn interest, but he would rather
invest in the community. He urged that they consider an investment in the
community and the youth as well as a good recruitment tool for the Utilities.
Mayor Daly. He asked Mr. Aghjayan if he had any plans to encourage private
donations in order to help more students and if he 8aw this program growing in
the future.
Ed Aghjayan. Private donations are a good idea. If the Council would like to
give their support and indicate to staff that they would like them to try to
raise additional funds privately to supplement the program, he would like to
take that as a challenge. They are reluctant to do any fundraising in the
department but he will take that as a challenge to raise additional funds.
Council Member Pickler. Ne feels this should come from private enterprise.
It is an area government does not belong in and their action will be precedent
setting. (Council Member Pickler subsequently voted no on this item.)
A20. 123: Approving the assignment of interest in a Reimbursement Agreement
dated February 17, 1987, between the City of Anaheim and Trider Corporation,
to Neptune Investment Company for costs associated with Special Facilities
(pumps and reservoirs) incurred with the development of Tract 10974 in Anaheim
Hills.
A21. 123: RESOLUTION NO. 93R-6= A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE JOB TRAINING PARTNERSHIP ACT SUBGRANT AGREEMENT
(TITLE III EDWAA - 40% FUNDS) BETWEEN THE CITY OF ANAHEIM AND THE STATE OF
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City Hall, Anaheimr California - COUNCIL MINUTES - JANUARY 5, 1993 - 5:00 P.M.
PURCHASE AGREEMENT AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT
THERETO. (1992 REFUNDING PROJECTS - APPROXIMATELY $136 MILLION).
George Ferrone, Finance Director clarified there is a seventh refunding which
he is asking for approval on today and it does look very possible that they
will be able to refund the seventh. This is a correction in the agenda item.
City Attorney White. In conjunction with this item which is the refunding of
several outstanding certificate of participation issues for the purpose of
taking advantage of lower interest rates, previously when they anticipated the
item would sell in September, they obtained an amendment to the existing
agreement with the Los Angeles Rams Football Company because they have a
contingent liability for these bonds under their agreement which approved the
City making the refunding and put a date in the agreement that the refund
would need to be completed and existing bonds retired no later than March 1,
1993. Due to changes in market conditions, they did not sell the bonds and do
the refunding but are proposing to proceed this week. They have obtained a
letter agreement just last night with the Los Angeles Rams Football Company
that agrees to interpret their previous agreement to extend the date out from
March 1, to June 1, 1993 to have the existing bonds paid off. He would,
therefore, recommend that the Council add to the Consent Calendar one
additional motion approving a letter agreement with the Los Angeles Rams
Football Company. Before doing so, it will be necessary to waive the posting
provisions of the Brown Act finding that the need to act on this item arose
since the agenda was prepared and as a result of taking advantage of the
favorable market conditions this week to allow the bond sale to proceed.
MOTION: Council Member Pickler moved to waive the 72-hour posting provision
of the Brown Act for the reasons articulated by the City Attorney. Council
Member Simpson seconded the motion. MOTION CARRIED.
Council Member Pickler moved to approve a letter agreement dated December 28,
1992 between the City of Anaheim and the Los Angeles Rams Football Company
relating to the Fifth Amendment to exhibition agreement between the City and
the Rams. Council Member Daly seconded the motion. MOTION CARRIED.
Al8. 175: Certifying that the Landscape Water Efficiency Ordinance is
categorically exempt, under the CEQA Public Resource Code, Section 21084, in
accordance with Title 14 of the California Administrative Code Section 15307
(actions for protection of natural resources), and authorizing the City
Manager to execute, and the City Clerk to file, a Notice of Exemption for same
with the Orange County Clerk.
ORDINANCE NO. 5349 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
CHAPTER 10.19 TO TITLE 10 OF THE ANAHEIM MUNICIPAL CODE RELATING TO LANDSCAPE
WATER EFFICIENCY.
RESOLUTION NO. 93R-4: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
IN ACCORDANCE WITH THE WATER CONSERVATION IN LANDSCAPING ACT, APPROVING AND
ADOPTING THE LANDSCAPE WATER EFFICIENCY GUIDELINES.
A19. 175: RESOLUTION NO. 93R-5: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING A PUBLIC UTILITIES ENGINEERING FELLOWSHIP.
Authorizing the Public Utilities General Manager to implement the Engineering
Fellowship program, as recommended by the Public Utilities Board at their
meeting of December 14, 1992.
City Ball, Anaheim, California - COUNCIL MINUTES - JANUARY 5, 1993 - 5:00 P.M.
the Mayor and City Clerk to execute said Agreement; and authorizing the
acquisition payment of-$232,000 to Whittle Investors (R/W 6000-4
State College/Orangewood Critical Intersection Street Widening Project).
Al0. 158= Approving a Right-of-Entry Agreement with Orange County Water
District for that certain parcel of real property required for the extension
of Auto Center Drive; approving those conditions required for compensation to
Orange County Water District granted within the Right-of-Entry for the City's
acquisition of said parcel; authorizing the Mayor and City Clerk to execute
said Agreement; and authorizing the acquisition payment of $122,054 to Orange
County Water District (acquisition of that portion of the Ball Road Basin
required for the extension of Auto Center Drive).
All. 160= Accepting the low bid of Landis & Gyr c/o Maydwell & Hartzell
company, in the amount of $44,496 for 1,728 single phase meters, in accordance
with Bid $5093.
A12. 160: Accepting the low bid of Clippinger Chevrolet, in the amount of
$180,180 for 21 Chevrolet Cavaliers, all in accordance with Bid $5114.
A13. 160: Accepting the low bid of Shallbetter, Inc., c/o Matzinger &
Keegan, Inc., in the amount of $28,575 for three 12.47 KV, three-phase
padmounted capacitor banks, all in accordance with Bid $5100.
A14. 160: Accepting the bid of Pauwel Transformers, in the amount of
$306,200.80 for three 45-KVA fused; 23 75-KVA fused; one ll2.5-KVA unfused; 15
150-KVA fused; eight 225-KVA fused; seven 300-KVA fused; two 500-KVA fused;
two 750-KVA fused, and one 1000-KVA three phase padmount transformers, in
accordance with Bid $5097.
160: Accepting the bid of Westinghouse Company, in the amount of $13,712 for
two 300-KVA fused three phase padmount transformers, in accordance with Bid
$5097.
Al5. 160: Accepting the bid of General Electric Company, in the amount of
$22,168 for 25 15-KVA conventional transformers, five 50-KVA current
protected, and two 75-KVA current protected conventional transformers, in
accordance with Bid $5095.
160: Accepting the bid of Westinghouse, in the amount of $53,634 for 40 25-
KVA current protected, and 35 25-KVA conventional transformers, and three
37.5-KVA conventional transformers, in accordance with Bid $5095.
160: Accepting the bid of Kuhlman Corporation, in the amount of $6,604 for
four 37.5-KVA conventional transformers and four 50-KVA conventional
transformers, in accordance with Bid
Al6. 123: Approving an Agreement with Taormina Industries, Incorporated, in
an amount not to exceed $25,000 per fiscal year, to haul and recycle tree
trimming waste.
A17. 137: RESOLUTION NO. 93R-3: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING AND RESTATING RESOLUTION NO. 92R-191, ADOPTED ON
SEPTEMBER 1, 1992, APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN
LEASE FINANCING DOCUMENTS RELATING TO THE REFUNDING OF CERTAIN PRIOR
OBLIGATIONS, AUTHORIZING THE PREPARATION AND DISTRIBUTION OF A PRELIMINARY
OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF CERTIFICATES OF
PARTICIPATION RELATING THERETO, AUTHORIZING EXECUTION OF A CERTIFICATE
City Hall, Anaheim, California - COUNCIL MINUTES - JANUARY 5, 1993 - 5:00 P.M.
CALIFORNIA FOR THE PERIOD OF JULY 1, 1992 THROUGH JUNE 30, 1993, AND
AUTHORIZING CITY MANAGER TO EXECUTE SAID AGREEMENT.
A22. 123: Approving the Purchase and Sale Agreement and Escrow Instructions
between Sanderson/J. Ray Development (Seller) and the City of Anaheim (Buyer);
and authorizing the City Manager or his designee to execute all documents
necessary to complete the acquisition (sale to the City of a portion of
property at 1310 S. Sanderson Avenue, in the amount of $67,011 for the Auto
Center Drive Extension).
A23. 108: ORDINANCE NO. 5345 - ADOPTION: AN ORDINANCE OF THE CITY OF
ANAHEIM REPEALING CHAPTER 4.60 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE AND
ADDING NEW CHAPTER 4.60 OF TITLE 4 PERTAINING TO PRIVATE PATROLS. (Introduced
at the meeting of December 15, 1992, Item A36.)
A24. 179: ORDINANCE NO. 5346 - ADOPTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SECTION 18.03.030 OF CHAPTER 18.03 BY ADDING SUBSECTION
18.03.030.037, AND AMENDING PARAGRAPHS C, D, E AND F OF SECTION 18.89.020 OF
CHAPTER 18.89, OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE, CONCERNING ADULT
USES. (Introduced at the meeting of December 15, 1992, Item A39.)
A25. 153: Authorizing City employees summoned to jury duty to waive the
statutory juror's fee when so requested by the courts.
A26. 114: Approving minutes of the City Council meeting held December 1,
1992.
A27. 153: RESOLUTION NO. 93R-7: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM EXTENDING THE PERIOD OF ELIGIBILITY FOR SEVERANCE PAY.
(Extending the provisions of Resolution No. 91R-112 through December 31,
1993.)
Roll Call Vote on Resolution Nos. 93R-1 throuqh 93R-4 & 93R-6 and 93R-7, both
inclusiver for adoption~
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Hunter, Pickler, Simpson, Daly
None
None
The Mayor declared Resolution Nos. 93R-1 through 93R-4 & 93R-6 and 93R-7, both
inclusive, duly passed and adopted.
Roll Call Vote on Resolution No. 93R-5 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Hunter, Simpson, Daly
Pickler
None
The Mayor declared Resolution No. 93R-5 duly passed and adopted.
Roll Call Vote on Ordinance Nos. 5345 and 5346 for adoptions
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Hunter, Pickler, Simpson, Daly
None
None
The Mayor declared Ordinance Nos. 5345 and 5346 duly passed and adopted.
City Hallr Anaheim, California - COUNCIL MINUTES - JANUARY 5r 1993 - 5:00 P.M.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
A28. 114: COUNCIL MEMBER LIAISON COMMITTEE ASSIGNMENTS AND CITY COUNCIL
REGIONAL AGENCY APPOINTMENTS:
Submitted was a list designating Council Member Liaison Assignments on the
subject committees. In addition, Mayor Daly is designated Alternate Director
on the Orange County Sanitation Districts 2, 3 and 13. Mayors automatically
become a Director; however, it was previously determined and agreed upon that
Council Member Pickler would be the Active Alternate and the Mayor the
Alternate.
MOTION: Council Member Hunter moved to approve Council Member Liaison
Committee Assignment and Regional Agency Appointments as submitted including
the addition as indicated above. Council Member Simpson seconded the motion.
MOTION CARRIED.
A29. 105: APPOINTMENT TO THE HOUSING COMMISSION:
Appointment to the Housing Commission to fill the unscheduled vacancy of Elmer
Thill, which term expires June 30, 1993. This matter was last continued from
the meeting of December 1, 1992 to this date.
The Assistant City Clerk announced that the item is on the agenda today since
it had been continued to this date. In the meantime, the City Clerk's Office
in conjunction with the Public Information Office is trying to solicit
additional interest in this vacancy as well as the vacancy on the Mother
Colony House Advisory Board and subsequently the appointment will again be
brought before the Council hopefully with an expanded list of applicants in
approximately three to four weeks.
MOTION: Council Member Pickler moved to continue the appointment to the
Housing Commission for three weeks to January 26, 1993. Council Member Daly
seconded the motion. MOTION CARRIED.
It was determined that the appointment to the Mother Colony House Advisory
Board would also be agendized that date.
ITEMS BI - B7 FROM THE PLANNING COMMISSION N~TING OF DEC__~4BER 14, 1999
INFORMATION ONLY - APPEAL PERIOD ENDS JANUARY 5t 1992
B1. 155: AMENDMENT TO THE SUMMIT OF ANAHEIM HILLS SPECIFIC PLAN (88-2)
DENSITY TRANSFER REQUEST NO. 92-02 AND NEGATIVE DECLARATION:
OWNER: Baldwin Company, Attn: Jeff Warmoth, 16811 Hale Avenue, Irvine,
CA 92714
LOCATION: Development Areas 104, 105, 202, 203, 204, 205, 206 and 207
of the Sun, nit of Anaheim Hills Specific Plan SP88-2)
Petitioner requests an amendment to Ordinance No. 4976 in order to amend
Developmen~ Area 205 and 206 Zoning and Development Standards (Code
Section Nos. 18.72.070.040 and 18.72.070.050) to create one Development
Area (Development Area 205) to permit the development of a 270-unit
condominium complex.
To transfer a total of 163 units from Development Areas 104, 105, 202,
203, 206 and 207 to Development Areas 204 and 205.
ACTION TAKEN BY THE PLANNING COMMISSION:
Amendment to The Summit of Anaheim Hills Specific Plan (88-2) GRANTED
(PC92-149) (7 yes votes).
Approved Density Transfer Request no. 92-02.
Approved Negative Declaration.
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City Hall, Anaheim, California - COUNCIL MINUTES - JANUARY 5, 1993 - 5:00 P.M.
This item is set for a public hearing on today's agenda, Item No. D4.
B2. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3547 AND
NEGATIVE DECLARATION:
OWNER: Daniel, Amalia, Refugio and Alicia Rubalcaba, Attn: Daniel
Rubalcaba, 510 N. East Street Anaheim, CA 92805
AGENT: James Ramo, 1004 S. Hathaway, Unit "P", Santa Ana, CA 92705
LOCATION: 500-530 North East Street. Property is approximately 1.16
acres located at the northeast corner of Sycamore Street and East
Street.
To permit the addition of a 780-square foot storage area to an existing
commercial center with waiver of minimum number of parking spaces and
maximum structural height within 150 feet of a single-family residential
zone boundary.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3547 GRANTED (PC92-150) (restriping of the parking lot and the
closure of two driveways shall be completed prior to the issuance of a
building permit; and no outside storage and no outside food preparation
shall be permitted) (7 yes votes).
Approved waiver of code requirement.
Approved Negative Declaration.
Council Member Pickler posed questions relative to the project which were
answered by the Zoning Administrator, Annika Santalahti. She confirmed that
the proposal will result in an enclosed structure for storage and a condition
was imposed which requires everything be done inside the building. They are
also required to do parking lot and driveway improvements before they can get
building permits.
B3. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3570 AND
MITIGATED NEGATIVE DECLARATION:
OWNER: The Cades Family Revocable Living Trust, Jay Richard Cades and
Elan J. Cades Trustees, 829 Jade Way, Anaheim, CA 92805
AGENT: Michael Aguilar, 847 S. East Street, Anaheim, CA 92805
LOCATION: 847 South East Street. Property is approximately 3.7 acres
located on the west side of East Street and approximately 591 feet south
of the centerline of South Street.
To retain the outdoor storage of chemicals with waiver of minimum number
of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3570 GRANTED, for three years to expire 12/14/95 (PC92-151) (7
yes votes).
Approved waiver of code requirement.
Mitigated Negative Declaration previously approved.
B4. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3574 AND
NEGATIVE DECLARATION:
OWNER: Endowment Realty Investors, Inc., C/0 TCW Realty Advisors, 865
S. Figueroa Street, Ste 3500, Los Angeles, CA 90017-2543
AGENT: Robert Giffin, C/O TL GROUP, 249 Ocean Boulevard, Ste. 300, Long
Beach, CA 90802
LOCATION: 191 South Imperial Highway. Property is approximately 10.63
acres located on the southwest corner of Santa Ana Canyon Road and
Imperial Highway.
To permit a 8,750 square foot semi-enclosed restaurant with on-premise
sale and consumption of beer and wine with waiver of minimum number of
parking spaces and permitted roof mounted equipment.
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ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3574 GRANTED (PC92-152) (7 yes votes).
Approved waiver of code requirement.
Approved Negative Declaration.
Council Member Feldhaus expressed concern with parking waivers being granted
on projects. (He referred to both Items B4 and BS). Me feels it may be time
to revisit the City's parking codes. He does not want to see situations
created such as the parking and circulation problem on the northwest corner of
La Palma Avenue and Imperial Highway.
B5. 1795 WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT NO. 3572 AND
NEGATIVE DECLARATION:
OWNER: Western Medical Center Anaheim, 1025 S. Anaheim Boulevard,
Anaheim, CA 92805
AGENT: Nobles and Associates Architects, 1600 Dove, Ste. 111, Newport
Beach, CA 92660
LOCATION: 1025 South Anaheim Boulevard. Property is approximately 6.71
acres located on the west side of Anaheim Boulevard and on the east side
of Lemon Street and being located approximately 340 and 470 feet north
of the centerline of Ball Road.
To permit a mobile medical unit MRI (trailer) with waiver of minimum
number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3572 GRANTED (PC92-153) (7 yes votes).
Approved waiver of code requirement.
Approved Negative Declaration.
B6. 179: CONDITIONAL USE PERMIT NO. 3552 AND NEGATIVE DECLARATION:
OWNER: Chien-Tsu Lu/Chien-Min Lu, 13812 Goldenwest, $200, Westminster,
CA 92683
AGENT: Clark Hills, 626 Chapman Ave., Orange, CA 92666
LOCATION: 2211 East Orangewood Avenue. Property is approximately 3.82
acres located on the north side of Orangewood Avenue and approximately
1300 feet east of the centerline of State College Boulevard.
Request for an amendment to a condition of approval pertaining to a time
limitation for a previously approved volleyball club.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3552 APPROVED for 7 years, to expire 10/5/99, (PC92-154) (7 yes
votes).
Approved Negative Declaration.
Council Member Pickler expressed concerns that the Conditional Use Permit was
approved for seven years. It is adjacent to the Stadium area. He does not
want to add to problems of congestion, circulation and traffic in that area by
adding the subject uses.
Annika Santalahti, Zoning Administrator explained that there was an amendment
to the previously approved CUP which added additional specific conditions
regarding the operation. If there are difficulties, it will be easy to
address those because of the specific conditions imposed.
REPORT AND RECOMMENDATION ITEM:
B7. 179: CONDITIONAL USE PERMIT NO. 3550 - FINAL SITE PLAN REVIEW OF ROOF
MOUNTED EQUIPMENT EXTERIOR ELEVATIONS AND MATERIALS FOR K-MART CENTER:
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City Ball, Anaheim, California - COUNCIL MINUTES - JANUARY 5, 1993 - 5:00 P.M.
Gregory Simonoff Architects request final site plan review of roof
mounted equipment, exterior elevations and materials for K-Mart Center.
Property is a portion of the Sari Ranch.
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED final site plan review of roof mounted equipment, exterior
elevations and materials for K-mart Center in the Sari Ranch area (6 yes
votes, i abstained).
END OF THE PLANNING COMMISSION ITEMS.
BB. 179: ORDINANCE NO. 5348 FOR ADOPTION: Council Member Pickler offered
Ordinance No. 5348 for adoption, amending Title 18 to rezone property under
Reclassification No. 91-92-20 located at 5540 E. Santa Ana Canyon Road from
the RS-A-43,000(SC) zone to the RS-7200(SC) zone. (Introduced at the meeting
of 12/15/92, Item B18.) Refer to Ordinance Book.
ORDINANCE NO. 5348: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Reclassification No. 91-92-20 located at 5540 E. Santa Ana Canyon Road from
the RS-A-43,000(SC) zone to the RS-7200(SC) zone.)
Roll Call Vote on Ordinance No. 5348 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Hunter, Pickler, Simpson, Daly
None
None
The Mayor declared Ordinance No. 5348 duly passed and adopted.
ITEM B9 FROM THE ZONING ADMINISTRATOR MEETING OF DECEMBER 24, 1992:
DECISION DATE: DECEMBER 30, 1992 INFORMATION ONLY - APPEAL PERIOD ENDS
JANUARY 9t 1992
Bg.
170: TENTATIVE PARCEL MAP NO. 92-240, CATEGORICALLY EXEMPT, CLASS 15:
OWNER: John P. Holland, 1039 Liberty Lane, Anaheim 92805
AGENT: Team Five Civil Engineers, Inc., 1081 N. Kraemer Place, Anaheim,
CA 92806
LOCATION: 1133 Liberty Lane. Property is approximately .5 acre, having
a frontage of approximately 146 feet on west side of Liberty Lane, with
maximum depth of approximately 146 feet and being located approximately
184 feet south of centerline of Romneya Drive.
Petitioner requests approval to create a two-lot subdivision.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Approved Tentative Parcel Map No. 92-240 (ZA92-61)
Cl.
107: REQUEST FOR REHEARING - POOL ROOM PERMIT - GAMES PLUS:
Rehearing request by Ralph Crider, 1877 Flippen Drive, Anaheim, CA
92802. The business is located at 3242 W. Lincoln Avenue, Anaheim, CA
92804, to consider the application for operation of 15 billiard tables.
At the meeting of December 8, 1992, the City Council denied said
application. Subsequently a request for rehearing was submitted by
Mr. Crider which is being considered this date.
Ralph Crider, 1877 Flippen Drive, Anaheim (18 years). He is requesting a
rehearing for operation of 15 billiard tables at Games Plus. He felt he was
given an unfair hearing. He was unable to defend himself being unfamiliar
with Council procedures. He also did not receive a copy of the staff report
prior to the meeting. He believes there has been a misunderstanding. The
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City Hallt Anaheim, California - COUNCIL MINUTES - JANUARY 5, 1993 - 5:00 P.M.
business has been existing for ten years and is still in existence at this
time and will continue to exist under the present owner. Under his ownership
(Crider) he will have a family run business - his wife, two sons and three
daughters. It is a family type oriented business. It is a major investment
for his livelihood and for his and his family's future. He has been
unemployed for the last 11 months. He reiterated this is a major investment
for him and his family. The adjacent merchants and residents thought the
application was for selling alcohol on premises and not a billiard permit. He
does not intend to pursue alcohol at anytime. He has a signed petition with
signatures of the businesses stating their support of the transfer of the
business to his ownership. He thereupon read the petitions statement of
support.
MOTION: Council Member Pickler moved to grant the request for a rehearing on
the subject Pool Room Permit application. Council Member Feldhaus seconded
the motion.
Before action was taken, Council Member Hunter asked if there was a
recommendation from the Police Department on this application.
Mayor Daly. There was a report submitted by the Planning Department/Code
Enforcement Division and the recommendation as of November 30, 1992 was to
deny the permit.
Investigator Jim Gandy, Vice Detail/Police Department. The Police Department
is not making a recommendation on the transfer of ownership. Their concern
was alcohol sales. From the past history of the location, the business has
lost its permit to sell alcohol on two occasions because of drug sales. The
current owner does not seem to be able to run the business in a fashion
amenable to the neighborhood. Mr. Crider would like to buy the business. He
has no prior experience. He currently has on file with the Alcoholic Beverage
Commission (ABC) a request for transfer of the license. It is still in limbo
since he does not have a conditional use permit to have it transferred. If
Mr. Crider would like to withdraw that application, the Police Department
would be more supportive in having the business transferred without alcohol
sales. The business exists now and has for the past ten years and will
continue to do so under the present ownership unless Mr. Crider is allowed to
transfer the ownership.
Ralph Crider. He confirmed that he has no problem withdrawing the alcohol
license request from ABC.
City Attorney White confirmed if the Council approves the motion granting a
rehearing, the application will still be for a pool room at the subject
address but without on-sale alcohol and in the interim Mr. Crider between now
and the rehearing would have the opportunity to withdraw his ABC application.
At the time of the rehearing, if granted, Mr. Crider could have that evidence
and the Council could then make a decision on the application at that time.
He is comfortable with the rehearing request but Mr. Crider should submit new
documentation that indicates he has withdrawn his request for alcoholic
beverage sales from the ABC.
A vote was then taken on the foregoing motion to grant the request for
rehearing and carried unanimously.
It was determined that the rehearing would be held on Tuesday, February 2,
1993.
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City Hallr Anaheim, California - COUNCIL MINUTES - JANUARY 5r 1993 - 5:00 P.M.
C2. 171: DISCUSSION - UTILITIES USERS' TAX:
Discussion pertaining to the Utility Users' Tax which was requested by the
City Council at the meeting of December 15, 1992.
Council Member Hunter. He initiated this three weeks ago. City Manager Ruth
and Ken Stone, Program Development and Audit Manager have put together an
analysis of the budget scenarios with and without the Utility Users' Tax and
without the City Business License Tax. He then briefed the information
contained on Page 2 of report dated December 29, 1992 to the Mayor and City
Council from the City Manager (Title: FY 1992/93 through 1996/97 General Fund
Budget Projects). He assumed that the report could be given to the press or
anyone who wished it. (City Manager Ruth confirmed that there was no
confidentiality and that the report could be given to the public.)
Council Member Hunter continued that the Utility Users' Tax averages
approximately $3.20 a month per average household and there are exemptions
from the tax for those who qualify, the elderly and low income residents. He
pointed out that the City and State are in a recession. The State's budget
last year was short by $7 billion and this year it is projected that there
will be an approximate $9 billion shortfall with all indications that the
State is going to balance the budget on the backs of cities. He then
explained the reason he brought the matter forward was as a result of post
election quotes he kept hearing and reading in the newspapers wherein Council
Members Feldhaus and Daly stated they would like to repeal the Utility Users'
Tax before it is scheduled to expire in September of this year. He thereupon
read some of the quotes from the news articles. He concluded it is time for
the Council to be up front as to exactly what they are going to do relative to
both the Utility Users' Tax and Business License Tax, which both combined
produce approximately 14.5 million dollars in revenue. Without those
revenues, the analysis prepared by staff shows the drastic impact the loss of
those revenues would have on the City. It is time to open the matter up for
discussion so that the City, staff and all employees can know what the Council
is going to do.
Council Member Pickler. He agreed there was a good deal of rhetoric but if
someone wanted to eliminate the Utility Users' Tax, they would have been the
ones to place the matter on the agenda. Otherwise, he feels it is forcing the
issue and he did not think the Council was ready to discuss the matter. He
feels also it is being made a political issue.
Council Member Hunter. It is not political. He is on the Council for only
two more years, but he works and lives in the City and cares about it. He
would like to know what the Council is going to do. He reiterated they owe it
to the City and management to be up front in what they are going to do come
September. If it is not extended, the City Manager will be scrambling to find
$8 million.
Council Member Feldhaus. He thanked Council Member Hunter for asking that the
matter be agendized because he does not want to put it off either. He
declared he wanted to repeal the tax and he does. He did not agendize the
matter because there are variables involved having talked to the City Manager
more in-depth. There is also an executive management task force appointed by
the City Manager that is working on budget issues and a report is to be
submitted around the first of February. Further, the City has yet to hear
what the State is going to do and the Federal Government. He is also trying
to get together with the Budget Advisory Commission. He clarified for Council
Member Hunter that he is exploring the possibility of repealing the Utility
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City Hall, Anaheim, California - COUNCIL MINUTES - JANUARY 5, 1993 - 5:00 P.M.
Users' Tax and before its expiration date, but he is not prepared to do that
tonight and also the Business License Tax.
Council Member Simpson. He is where he was at the beginning - he will not
vote to rescind the tax and will probably vote to extend it unless there is a
dramatic turn around in the economy. If some Council Members have changed
their mind, there is nothing wrong with that. He believes that a year ago,
Council Member Feldhaus was in favor of the Utility Users' Tax; Council Member
Feldhaus clarified that he was in favor of the transfer of a higher percentage
of revenues going from Utilities to the General Fund but not the Utility
Users' Tax.
Council Member Simpson continued, in that case, Council Member Feldhaus was
misquoted. He feels if they are going to do anything with the Utility Users'
Tax that they should do so and get on with it. They owe it to the
constituents that they serve and there are some very interested parties -
residents, businesses, the unions and all the people who work for the City.
They are the City of Anaheim and they carry out the mission. He disagrees
that they do not owe the employees anything. A lot of people will have to
walk out the door if the City loses $8 million.
Mayor Daly. He has always asked the City Manager the rationale for very
expensive proposals including the recent expansion to the Convention Center
costing approximately $14 million about 1~ years ago. He (Daly) voted against
that despite the fact that leading hoteliers were present in favor. He
believes the bed-tax revenue is City of Anaheim revenue, not revenue to be
redirected to the Convention Center automatically, but revenue available to be
spent as the City Manager and City Council believes best for the City. The
Council raised the bed-tax and then poured $14 million into the Convention
Center expansion which he felt could have been delayed.
He continued, the Utility Users' Tax will expire nine months from now. It is
clear the City Manager must continue to look at the organization and cut costs
and he (Daly) feels he is doing that. He is not content with the
aggressiveness of the effort on privatization. He believes some of the major
entrepreneurial facilities such as the golf courses, are clear opportunities
for privatization and reducing the size of government and getting City
Government out of businesses it should not be in and focus on those it should
be in. They are profitable but the City does not need to operate them. They
add to the overhead and size of City Government. It took an election in
November to change the philosophy of the City Council back to where the
majority supports the study of privatization, contracting out and carefully
controlling costs and comparing those with the private sector. In many cases,
City employees match up and beat private sector costs but in many areas it
will make sense for the City to get out of certain businesses. He will not
support extending the Utility Users' Tax beyond September and is looking to
the City Manager to continue cutting costs and to take privatization and
reforming City Government very seriously. There are no "sacred cows". He
also believes they should have more periodic agenda items for discussion on
the state of the budget. If they had done so two or three years ago and last
year, they may have had a better handle on the cash flow - at least quarterly
reports from the City Manager on the state of the budget. The monthly
analysis they received from Finance is very helpful. It is also time to have
a public joint session with the Budget Advisory Commission to hear from them
what they have learned about the operation of City Government.
Council Member Hunter. He has heard tonight that Council Member Feldhaus and
Daly want to repeal the Utility Users' Tax before it expires. Mayor Daly has
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City Hall, Anaheim, California - COUNCIL MINUTES - JANUARY 5t 1993 - 5:00 P.M.
already stated he is not going to vote to extend it so the City Manager and
staff can get some indication of where the Council stands early on.
Council Member Pickler. The City Manager has been giving the Council
information more than on a quarterly basis. They have gone through the budget
every year and people have the opportunity to state what they think or feel.
However, very few people show up when the budget is approved; Council Member
Hunter reminded Council Member Pickler that in 1991 about 2,300 people showed
up at the Celebrity Theatre.
Council Member Pickler. It was relative to the Utility Users' Tax issue and
that seemed to be the only thing to bring people out on the budget.
Council Member Feldhaus. The information presented to the Council needs to
get to the press and public because people in the City need to know exactly
how the situation stands and what needs to be done. The City like everybody
else in private enterprise has had to tighten its belt.
Council Member Hunter. The difference between private enterprise and
government - and he is in private enterprise - Anaheim continues to grow,
crime continues to get worse, the population is increasing dramatically and
yet services and employees are less now than three or four years ago. The
question is how to maintain services and quality of life issues. The City
needs more police especially considering that the Sports Arena will be opening
and Disney is planning to expand. However, the City is not hiring more police
officers but are looking for additional cuts. The quality of life issues are
those that are. causing people to leave, not just Anaheim but the State.
Council Member Feldhaus. Even though the City added police as the City
Manager reported, he would still agree the City is short, he believes, about
44 officers.
Additional Council discussion followed as well as input from the City Manager
relative to the reduction in services and positions that have occurred.
During discussion, Mayor Daly stated that the City Manager must be prepared
for the eventuality that the Utility Users' Tax will not be available to the
City Budget no later than September and possibly earlier than that. He also
suggested that the Council consider a joint meeting with the Budget Advisory
Commission.
No further action was taken by the Council on this item at this time.
C3. 127: DISCUSSION - CAMPAIGN CONTRIBUTIONS LIMITATION: Discussion
pertaining to Campaign Contributions Limitation requested by City Council at
the Council meeting of December 15, 1992. To consider the proposed ordinance
"Alternative C" limiting campaign contributions for city elections to $1f000
per contributor per election. Adding new Chapter 1.03 to Title 1 of the
Anaheim Municipal code relating to campaign reform.
Submitted was report dated December 21, 1992 from the City Attorney
recommending that the City Council consider adoption of the revised ordinance
limiting campaign contributions for City elections.
Mayor Daly. The City Attorney has prepared a draft ordinance which would
limit campaign contributions to $1,000 per election cycle. Me has also
prepared an exemption to the limitation which would deal on a one time only
basis with prior campaign debt. He would like to introduce the ordinance at
this time with a vote on the adoption of the ordinance at a later date with
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City Hallt Anaheim, California - COUNCIL MINUTES - JANUARY 5, 1993 - 5:00 P.M.
the stated exemption. He would also like the City Attorney to insert into the
ordinance setting of the effective date of the ordinance as July 1, 1993 and
bring it back for final Council action in approximately 30 days.
City Attorney White. He referred to memorandum dated November 13, 1992 that
he separately gave to the Council. As he understands, the Mayor would like
the additional section 1.03.055 which would exempt from the limitation
contributions to pay off prior campaign indebtedness prior to November 30,
1992 as well as adding a section which would be 1.03.205 to provide that the
provisions of the Chapter would only apply to contributions that were made or
received after July 1, 1993.
Mayor Daly clarified that was correct.
City Attorney White. The Mayor has introduced the ordinance. He believes
there is a member of the public who wishes to speak. He can make the changes
to the ordinance. Alternate "C" is basically an outgrowth of the two previous
alternatives he has given to the Council with some modifications partly
suggested by public comments he received and partly his own "tweaking" of the
ordinance to make it more readable and to tighten up the enforcement
provisions. He confirmed that it is modeled after the County's "Tin Cup"
ordinance with some changes. He will agendize the ordinance for adoption
four weeks from tonight with the two additional changes.
Council Member Pickler. He feels a copy of the ordinance should be made
available for the public with the changes discussed and that it be offered for
first reading next week instead of this week.
Alex Carrassi, 17961 Arbolida, Tustin. He thanked the City Attorney for
reviewing his recommendations, suggestions and comments and incorporating some
of the changes into the ordinance. He is Campaign Treasurer for Council
Members Hunter and Simpson and at one time Council Member Feldhaus as well as
past Council Member Ehrle and candidate Zemel. He also does other treasurer
work for other committees, approximately twenty-three. He has reviewed the
changes incorporated into Alternate "C" and still has one question. Under
paragraph 1.03.090, Page 5 - Transfers of Funds between Controlled Committees
- he believes that should be expanded upon further to make it clear that in
transferring funds, this brings back Proposition 68 and 73 approved by the
voters which were eventually repealed in court. However, in transferring
funds since there will be limitations, that those limitations still must
transfer to another account or a new committee. Perhaps that was the intent.
City Attorney White. As he understands what Mr. Carrassi is saying, if funds
are transferred from one controlled committee for one office to a different
controlled committee for a different office, if they received $1,000 from a
single source given to that first committee, that they should not be permitted
to take $1,000 from that same source for the new committee.
Alex Carrassi. He stated that is correct, the reason being he realizes the
intent is to keep special interests out but also under the Fair Political
Practices Act of 1994, it was not to favor incumbents. By transferring funds,
as a City Council Member, they could raise money and then decide to run for
Mayor. It could be transferred to the Mayor's office and if the restrictions
are not applied, that person could build a war chest and the challenger would
not have the same advantage. The transfer money should be restricted as well.
City Attorney White. He has no problem with that change if Council would
desire that. It could be easily done. When he prepares the final text
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City Hall, Anaheim, California - COUNCIL MINIFTES - JANUARY 5, 1993 - 5:00 P.M.
whatever changes are incorporated, he will analyze what those changes are and
point out what the effect of each one is.
Alex Carrassi. One last comment, Page 5, 1.03.110 - Money Received by
Officers Treated as Contributions - the last sentence, "Reimbursement for
reasonable travel expenses related to holding public office shall be excluded
from the provisions of this section". (Page 6) He does not understand why.
Mayor Daly. He reiterated his recommendation that the ordinance come back for
a final vote in 30 days with the adjustments to be made by the City Attorney.
If any Council Member needs additional time to analyze the language, that it
go beyond the 30 days. Further, the proposed effective date is to be July 1,
1993.
Council Member Daly offered Ordinance No. 5350 for first reading, adding new
Chapter 1.03 to Title i of the Anaheim Municipal code relating to campaign
reform.
ORDINANCE NO. 5350: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW CHAPTER
1.03 TO TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO CAMPAIGN REFORM.
C4. 179: GRAFFITI PREVENTION: Council Member Pickler. Any wall being built
that faces the street or highway has the potential of attracting graffiti. He
asked if there was some way they can mandate whether the wall is 3 feet,
5 feet or 6 feet or whatever that landscaping cover that wall immediately. He
wants to eliminate the possibility of graffiti at the outset.
Joel Fick, Planning Director. Currently, there is a City ordinance recently
enacted requiring that landscaping be planted adjacent to block walls 6 feet
in height. What they can do and are constantly looking at are ways to enhance
and protect the environment from graffiti vandalism. They could look at the
possibility of expanding the present requirements to include walls of a lesser
size and take a report and recommendation to the Planning Commission.
Council Member Feldhaus. He had talked to staff earlier relative to requiring
a treatment of the walls with anti-graffiti material.
Joel Fick. Prior to the Council meeting, Council Member Feldhaus asked that
they look into the possibility of painting or using anti-graffiti paint or
having that requirement on some City buildings. That is also something they
are looking at in terms of analysis or recommendation to the Planning
Commission.
108: DISCUSSION OF BUSINESS LICENSE TAX: Council Member Feldhaus. He would
like to agendize for Council discussion the City's Business License Tax in
approximately a month. He would like the Chamber to get reactive. He
understands from the Cheer they have been waiting for the Council to do
something and the Council has been waiting for them.
Council Member Pickler stated he did not believe anybody was waiting for
anybody relative to the issue.
It was determined discussion of the Business License Tax would be placed on
the Council Agenda in 30 days or February 2, 1993.
101: STATUS - BLECKERT'S DIESEL REPAIR: Council Member Feldhaus noted that
Bleckert's Diesel Repair had still not moved from the property directly in
front of the arena.
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City Hallt Anaheim, California - COUNCIL MINUTES - JANUARY 5, 1993 - 5:00 P.M.
City Manager Ruth. The issue has been resolved and there is a signed
agreement. The City settled for the amount approved by the City Council and
the business is going to be moving out quickly.
City Attorney White. He explained the legalities involved at the current time
and in concluding noted that they have every assurance from Mr. Bleckert that
he will be gone from the property by January 11, 1993.
150: STATUS OF FUNDING - CITRUS PARK IMPROVEMENTS: Council Member Feldhaus.
Regarding his earlier inquiry, the Council received a report that states the
Citrus Park Improvements could be funded from Redevelopment monies. If that
is true, he would like to see that happen with Redevelopment monies so that
the $249,000 could remain in the Parks and Recreation Department where it
could be utilized for youth programs.
City Manager Ruth. Community Development had put about 2 million dollars into
the acquisition, relocations and removals. Parks and Recreation felt when
they had negotiated the terms with Community Development that that was not an
inappropriate amount for them to participate in the project. The funds they
are using cannot be used for programs but only for land acquisition or capital
improvements. Community Development is saying they do have the money but if
they are required to pay the additional $249,000, they will have to defer
other projects that had been budgeted for this year. If that is the direction
of Council, that can be done, but that was the concern everybody had.
Mayor Daly. He suggested since he and Council Member Feldhaus are on the
Liaison Committee to Redevelopment that they schedule a liaison meeting
because there are a number of issues involved such as which projects will be
deleted in Redevelopment if the proposal is accepted. The funding
appropriation was put on hold by the Council at the meeting of December 1,
1992. He asked that a Redevelopment Liaison meeting be set up as quickly as
possible so that the issue can be decided.
167: TRAFFIC SIGNAL - WEIR CANYON ROAD OFF RAMP: Mayor Daly. The City
Manager submitted a memo on his question regarding the need for a traffic
signal at the Weir Canyon Road off ramp at the 91 Freeway. The memo provided
a schedule which calls for installation of the traffic signal in November,
1993. He would like to see the schedule expedited sooner than that if
possible.
City Manager Ruth. He has sent a memo to the Public Works Director to see if
the signal can be expedited sooner than scheduled.
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 Assistant City Clerk and asked
to raise their right hand. The oath was then given.
D1. 134: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 332 AND NEGATIVE
DECLARATION:
INITIATED BY: City of Anaheim, 200 S. Anaheim Boulevard, Anaheim, CA
92803
LOCATION: Anaheim Boulevard between Harbor Boulevard and Lemon Street.
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City Hall, Anaheim, California - COUNCIL MINUTES - JAN~JARY 5, 1993 - 5:00
A City-Initiated amendment to the Circulation Element of the General
Plan redesignating a portion of Anaheim Boulevard between Harbor
Boulevard and Lemon Street, from a Primary Arterial to a Local Street.
ACTION TAKEN BY THE PLANNING COMMISSION=
GPA NO. 332 GRANTED (PC92-135) (6 yes votes, 1 vacancy).
Approved Negative Declaration.
Informational item at the meeting of 12/8/92, Item B2.
PUBLIC NOTICE REQUIREMENTS MET BY-
Publication in Anaheim Bulletin - December 24, 1992
Mailing to property owners within 300 feet - December 22, 1992
Posting of property - December 23, 1992
PLANNING STAFF INPUT=
See staff report to the Planning Commission dated November 16, 1992.
Joel Fick, Planning Director. He briefed the staff report on the City
initiated amendment to the circulation element of the General Plan
redesignating a portion of Anaheim Boulevard between Lemon Street and Harbor
Boulevard from a primary arterial highway to a local commuter street. This
amendment is necessary to eliminate the remnant portion remaining from the
deletion of Anaheim Boulevard to the south.
John Lower, Traffic and Transportation Manager. Approximately six months ago,
the Council took action to delete the segment in front of the warehouse from
the master plan of arterial highways. When that was passed on to the County
of Orange, it was further requested that the City move to delete that portion
from the master plan and designate it as a local arterial which is the action
before the Council tonight.
Mayor Daly opened the public hearing.
Brad Kilmer, Attorney, Law Offices of Ted Anderson representing Mr. &
Mrs. Patel, owners of the Crown Motel, 1136 N. Anaheim Boulevard. It appears
the plan will reduce access and travel on that subject portion of Anaheim
Boulevard where the Patel's hotel is located and will adversely affect the
business. He is present to express their concern and to ask the Council what
kind of consideration has been given to help reduce the negative impact on the
income to the hotel.
John Lower. The plan does provide for a north bound left turn onto Anaheim
Boulevard from Lemon. The access is going to remain the same. There will be
no deterioration of access. Currently there are 3,800 ADT'S (average daily
trips) on that segment. The primary designation indicates the intention that
some day it would carry between 30,000 and 40,000 trips.
Mayor Daly. He surmised then that there will be no changes to the road itself
but a change in the county-wide circulation element labeling; Mr. Lower stated
that is correct.
Brad Kilmer. They will look into that but in the event that the plans change
or the situation reevaluated, they would appreciate the Council looking into
any questions with respect to negative impacts to their client.
City Attorney White. His office is aware that some of the property owners do
have concerns about the impact on their businesses. It is his opinion that
the law currently is quite clear that changes and configurations of streets
which make it less convenient or more difficult for customers or members of
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City Hall, Anaheim, California - COUNCIL MINUTES - JAI~JPJtY 5, 1993 - 5:00 P.M.
the public to frequent businesses in the area and, therefore, in the opinion
of the business owner adversely impact their income, are not compensable as
long as the business continues to be provided access to the public street
system which this plan provides. He reiterated they have reviewed the matter
and are aware of the concerns.
There being no further persons who wished to speak, Mayor Daly closed the
public hearing.
Mayor Daly. He and Council Men~ber Hunter met about a year ago with Planning
staff and Redevelopment regarding a master plan for the entire La Palma Park
area, the possible widening of Harbor which is now in design, along with some
other related changes~ He would like a report from staff to the Council on
the status of that planning effort to do a new master plan on this area and
perhaps make it a part of the liaison committee meeting being scheduled on
Redevelopment matters.
ENVIRONF~NTAL 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. MOTION CARRIED.
Council Member Pickler offered Resolution No. 93R-8 for adoption, approving an
amendment to the circulation element of the Anaheim General Plan designated as
General Plan ;~nendment No. 332. Refer to Resolution Book.
RESOLUTION NO. 93R-8: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AN~/~EIM
APPROVING ~,N AMENDMENT TO THE CIRCULATION ELEMENT OF THE ANA/~EIM GENERAL PLAN
DESIGNATED AS GENERAL PLAN AMENDMENT NO. 332.
Roll Call Vote on Resolution No. 93R-8 for adoption:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 93R-8 duly passed and adopted.
D2. 179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT
NO. 3564 AND NEGATIVE DECLARATION:
OWNER: La Mirage Anaheim, Attn: Ching-Fa Chien, 11546 South Street,
Ste. 67, Cerritos, CA 90701
AGENT: Dinesh Patel, 2771 W. Lincoln Avenue, Anaheim, CA 92804
LOCATION/REQUeST: The Drope~y £s located ak 2111 W. Lincoln Avenue and
is approximately 0.64 acre located on the north side of Lincoln Avenue
and approximately 95 feet west of the centerline of Grand Avenue.
The request is to permit a 2,688-square foot convenience market with
waiver of minimum number of parking spaces.
ACTION T~.KEN BY THE PL~.NNING COMMISSION:
CUP NO. 3564 GRANTED (PC92-136) (6 yes votes, I vacancy).
Waiver of code requirement APPROVED.
Approved Negative Declaration.
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City Hall~ Anaheim, California - COUNCIL MINUTES - JANUARY 5, 1993 - 5:00 P.M.
HEARING SET ON: A review of the Planning Commission's decision was requested
by Council Members Pickler and Hunter at the meeting of December 8, 1992 and
public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - December 24, 1992
Mailing to property owners within 300 feet - December 22, 1992
Posting of property - December 23, 1992
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated November 16, 1992.
Council Member Pickler. He and Council Member Hunter had set the item for a
hearing. His main concern is the area. He believes convenience markets do
not help an area. He does not know if Council Member Hunter had the same
concerns. He notes that the market is not going to sell liquor.
Council Member Hunter. One of his concerns was relative to the selling of
liquor but since there will be none, that alleviates his major concern.
Joel Fick, Planning Director. This is a proposal in an existing shopping
center. There is a variance. A parking waiver is proposed but it is
technical in nature - 49 spaces are required and there are 42 conforming
spaces. There are additional spaces that were constructed in an earlier time
that are slightly smaller which technically cannot' be counted towards the 49
spaces. The Planning Commission did restrict the hours and did not permit
alcohol to be sold on the site.
Mayor Daly opened the public hearing and asked to hear from anyone who wished
to speak.
David Sito, 11546 South Street, Suite 67, Cerritos Agent for La Mirage. He is
present to answer any questions and would also like to brief the Council on
the history of the application.
Council Member Pickler interjected and stated that their questions have been
answered and it is not necessary to make an extended presentation.
Mr. Sito. There is one particular thing that they would like regarding the
project. His client purchased the property in the hope that they could build
the 9 units of commercial space. Due to the time lapse, they had to apply for
a time extension. In 1989 subsequent to Planning Commission approval for a
9 unit project under CUP 3077, the Council granted instead a 4 unit project.
Because the restriction was part of the development, it was downsized to
4 units. A lot of smaller retailers tried to lease but they cannot do so
because o~ the restriction. It is a tremendous hardship and he would like to
ask the Council for one or two more units.
Joel Fick. The application before the City Council is for a conditional use
permit for the convenience market. Any further division or adding additional
units would require readvertisement of the other CUP.
Mayor Daly. It is impossible for the Council to act on such a request
tonight. The only issue in front of the Council is whether or not the
convenience market will be granted a permit. If the applicant wishes to
pursue other actions, he must do so first through the Planning Department.
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City Hallr Anaheimt California - COUNCIL MINUTES - JANUARY 5, 1993 - 5:00 P.M.
City Attorney White. The only thing the Council can act upon this evening are
conditions relating to the subject conditional use permit.
There being no further persons who wished to speak, 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. MOTION CARRIED.
Council Member Pickler offered Resolution No. 93R-9 for adoption, granting
Conditional Use Permit No. 3564, subject to City Planning Commission
conditions. Refer to Resolution Book.
RESOLUTION NO. 93R-9: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
GRANTING CONDITIONAL USE PERMIT NO. 3564.
Roll Call Vote on Resolution No. 93R-9 for adoptions
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 93R-9 duly passed and adopted.
D3.
179: PUBLIC HEARING - VARIANCE NO. 4205r CATEGORICALLY EXEMPTt CLASS 11:
OWNER: Thomas H. Taylor and Richard B. Taylor, 22706 Aspan, ~504, Lake
Forest, CA 92630
AGENT: Speedy Sign-a-Rama, Attn: Alex Henry, 1376 East Edinger Ave.,
Santa Aha, CA 92705
LOCATION/REQUEST: The property is located at 8285 East Santa Ana Canyon
Road and.is approximately 1.54 acres located at the northwest corner of
Weir Canyon Road and Santa Aha Canyon Road. The request is for a waiver
of maximum number of wall signs to construct a second, 25-quare foot
wall sign for an existing liquor store.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4205 DENIED (PC92-137) (6 yes votes, 1 vacancy).
HEARING SET ON: A letter of appeal of the Planning Commission's decision was
submitted by Sam Pour, owner, East Hills Liquor and public hearing scheduled
this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - December 24, 1992
Mailing to property owners within 300 feet - December 22, 1992
Posting of property - December 23, 1992
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated November 16, 1992.
Joel Fick, Planning Director. Relative to this request, the code currently
permits one wall sign. A second sign was proposed by the applicant and was
denied by the Planning Commission. The Commission felt there was enough
24
City Hallt Anaheimt California - COUNCIL MINUTES - JANUARY 5, 1993 - 5:00 P.M.
visibility provided to the businesses from Santa Aha Canyon Road and the
existing signage in the windows.
Mayor Daly opened the public hearing and asked to hear from those who wished
to speak.
Alexander S. Henrick, Architect, representing the owner, 1376 E. Edinger,
Santa Aha. They submitted a letter stating their reasons for their surprise
at the denial of the sign. (See letter dated December 3, 1992 from Sam Pour,
owner, East Hills Liquor - previously made a part of the record.) He
thereupon briefed the reasons contained in the letter. Further, the building
that was built in front of the liquor store (Burger King) obscured the sign.
The sign would not impact unfavorably any businesses or any residence or
create any kind of eyesore. There are two roads that the secondary sign would
be facing. Those roads are very important to the visibility of his client so
that he can conduct his business. Everything they can do to create more
business should be encouraged in this time of recession. Staff has
recommended approval and there was no real reason given by the Planning
Commission why the request should be turned down. The decision was unfair and
discriminatory and flies in the face of what they are facing today in the
economy. He thereupon submitted photos showing the actual condition when
driving up to the business and where they want the sign as well as the
location of the two roads.
There being no further persons who wished to speak, Mayor Daly closed the
public hearing.
Council Member Feldhaus. He had no problem finding the business. He feels
people will always be able to find a liquor store no matter where it is. If
the liquor store would have been the first sign and Conroys would have come
in, the liquor store could have argued the same thing. There has to be some
sensible reasoning for placing restrictions on signs.
Alexander Henrick. He countered by stating that he is an architect and his
judgement about the aesthetics of something is important as well. Conroys is
not the only one - three other signs have been approved and variances granted.
Only one has been turned down. He feels it is discriminatory and not in the
interest of his client or the City. They are talking in terms of a liquor
store and that is why they are having a problem. Just because the sign is
visible from one direction does not mean that it is from another. His client
agreed to remove signs from the windows which he thought were worse eyesores.
Further discussion and debate between Council Members and Mr. Henrick followed
at the conclusion of which the following actions were offered.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council
Member Hunter, seconded by Council Member Pickler, the City Council determined
that the proposed activity falls within the definition of Class 11, of the
City of Anaheim guidelines to the requirements for an Environmental Impact
Report and is, therefore, categorically exempt from the requirement to file an
EIR. MOTION CARRIED.
Council Member Hunter offered Resolution No. 93R-10 for adoption, denying
Variance No. 4205, incorporating the interdepartmental conditions as outlined
in the November 16, 1992 staff report. Refer to Resolution Book.
RESOLUTION NO. 93R-10: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING VARIANCE NO. 4205
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City Ball, Anaheim, California - COUNCIL MINIFfES - JANUARY 5, 1993 - 5:00 P.M.
Roll Call Vote on Resolution No. 93R-I0 for adoptions
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
COUNCIL MEMBERS:. None
The Mayor declared Resolution No. 93R-10 duly passed and adopted.
D4. 155: PUBLIC HEARING - AMENDMENT TO THE SUMMIT OF, ANAHEIM HILLS SPECIFIC
PLAN (88-2)m DENSITY TRANSFER REQUEST NO. 92-02 AND NEGATIVE DECLARATION:
OWNER: Baldwin Company, Attn: Jeff Warmoth, 16811 Hale Avenue, Irvine,
CA 92714
LOCATION: Development Areas 104, 105, 202, 203, 204, 205, 206 and 207
of the Summit of Anaheim Hills Specific Plan SP88-2.
Petitioner requests an amendment to Ordinance No. 4976 in order to amend
Development Area 205 and 206 Zoning and Development Standards (Code
Section Nos. 18.72.070.040 and 18.72.070.050) to create one Development
Area (Development Area 205) to permit the development of a 270-unit
condominium complex. This will transfer a total of 163 units from
Development Areas 104, 105, 202, 203, 206 and 207 to Development Areas
204 and 205.
ACTION TAKEN BY THE PLANNING COMMISSION:
Amendment to The Summit of Anaheim Hills Specific Plan (88-2) GRANTED
(PC92-149) (7 yes votes).
Approved Density Transfer Request No. 92-02.
Approved Negative Declaration.
See Informational Item B1 on today's agenda.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - December 24, 1992
Mailing to property owners within 300 feet - December 22, 1992
Posting of property - December 23, 1992
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated December 14, 1992.
Joel Fick, Planning Director. He briefed the subject request contained in the
staff report.
Jeff Warmoth, Baldwin Company, 16811 Hale, Irvine. This particular
development area is boarded by Oak Canyon Drive and Weir Canyon Road. The two
development areas were split. It makes sense to do it cohesively as one. The
density transfer was looked at by Program Development and Audit to determine
that the physical impact was minimal if any. Inadvertently in the drafting,
they le~ out a section regarding mlnlmal structural setbacks in the event
they go with single-family detached cluster homes. They have discussed that
with staff and they are aware of the change. It would be incorporated into
the ordinance that would come before the Council in the future.
Joel Fick, Planning Director. Staff does not have any problems with that.
Mr. Warmoth correctly stated that staff is also in agreement with that change.
The appearance of the buildings are clearly single-family and they are also in
agreement with that.
There being no further persons who wished to speak, Mayor Daly closed the
public hearing.
26
City Hall, Anaheim~ California - COUNCIL MINUTES - JANUARY 5, 1993 - 5:00 P.M.
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. MOTION CARRIED.
MOTION: Council Member Pickler moved to approve Density Transfer Request
No. 92-02. Council Member Simpson seconded the motion. MOTION CARRIED.
Council Member Pickler offered Resolution No. 93R-11 for adoption, approving
Amendment to the Summit of Anaheim Hills Specific Plan (88-2). Refer to
Resolution Book.
RESOLUTION NO. 93R-11: 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 NOS. 88R-395 AND 88R-396 ACCORDINGLY.
Roll Call Vote on Resolution No. 93R-11 for adoptions
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Hunter, Pickler, Simpson, Daly
None
None
The Mayor declared Resolution No. 93R-11 duly passed and adopted.
Council Member Pickler offered Ordinance No. 5351 for first reading.
ORDINANCE NO. 5351 - (INTRODUCTION): AMENDMENT TO THE SUMMIT OF ANAHEIM HILLS
SPECIFIC PLAN (88-2).
ADJOURNMENT: By General Consent the Council adjourned. (7:45 p.m.)
ANN M. SAUVAGEAU, CITY CLERK
27