Loading...
1996/10/22ICITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES OCTOBER 22, 1996 The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Tom Tait, Bob Zemel, Frank Feldhaus, Lou Lopez, Tom Daly COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann M. Sauvageau PUBLIC WORKS DIRECTOR/CITY ENGINEER: Gary Johnson CIVIL ENGINEER - DEVELOPMENT SERVICES: Natalie Meeks TRAFFIC & TRANSPORTATION MANAGER: John Lower ASSOCIATE PLANNER: Karen Freeman SENIOR PLANNER: Cheryl Flores A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:55 p.m. on October 18, 1996 at the Civic Center Kiosk, containing all items as shown herein. Mayor Daly called the Workshop portion of the meeting to order and welcomed all those in attendance (3:15 p.m.). City Manager, James Ruth. This aftemoon's Workshop presentation is on the I-5 VV'Klening Project. He introduced Gary Johnson, Public Works Director and City Engineer who, in turn, will introduce the staff from Caitrans. 131:1-5 WIDENING PROJECT: Gary Johnson, Public Works Director and City Engineer stated that the purpose of the Workshop is to introduce the I-5 North Improvement Project scheduled to begin construction in late 1996. The City is partnering with the California Department of Transportation (Caltrans) and the Orange County Transportation Authority (OCTA). Representatives from Caitrans and OCTA will present a general overview of the project and traffic management plan. The consultant hired to present the public awareness program, Paine Associates, will also review that program. The following representatives then gave a presentation on the various aspects of the project (supplemented by a digital slide presentation): Lupe Changala, I-5 North Improvement Project Manager, OCTA. She first introduced the project team and subsequently gave an historic overview of the project and project funding starting with voter approval of Measure M in 1990. Rose Casey, I-5 North Improvement Project Manager, Caltrans. She briefed the design efforts, the current status of the project, construction schedule, project duration, the improvements to be made and highlights of the project relating to specific segments (see brochure submitted - Interetate 5: 'The Road to the Future' - Caitrans - containing a fact sheet on the project including a map of the area of the freeway to be improved with estimated construction start dates for the various segments with the entire project estimated to be completed in the year 2000 - data made a part of the record). CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES OCTOBER 22, 1996 David Paine, President, Paine Associates, Consultants, 535 Anton Blvd., Costa Mesa. He gave an overview and the purpose of the I-5 Public Awareness Campaign (PAC). (See data submitted, 1-5 North Improvement Project - Upcoming Public Awareness Campaign Activities - November/December, 1996 and January, 1997 - also, Public Awareness Campaign Overview - PAC objectives, target audiences, campaign elements). Bamy Rabbit, Caltrens. He briefed the Traffic Management Plan and the controls to be used in order to minimize the impact of the project on the community. They are confident that the processes and programs in place will won~ and that the improvements will progress smoothly and on schedule. At the conclusion of the foregoing detailed presentations, Mayor Daly and Council Members posed questions which were answered by the presenters in the spaclfic area of expertise. Mayor Daly thanked Mess. Changala and Casey and Messrs. Paine and R~bbit for their informative presentations on the I-5 North Improvement Project, one of the largest and most important Public Works projects to take place in the City of Anaheim. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there were 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. LABOR RELATIONS: Employee organizations: Association. Anaheim Fire Association and Anaheim Municipal Employees CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) - EXISTING LITIGATION Name of case: In re: the disciplinary matter of Roger Banowitz, Grievance f~96-049. 3. ANNUAL PERFORMANCE REVIEW: City Treasurer RECESS: Mayor Daly moved to recess into Closed Session. Mayor Pro Tem Lopez seconded the motion. MOTION CARRIED. ( 4:04 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. ( 5:43 p.m.) CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES OCTOBER 22~ 1996 INVOCATION: - Dr. Bob Kuest, Anaheim First Christian Church, gave the invocation. FLAG SALUTE: Council Member Council Member Bob Zemel led the assembly in the Pledge of Allegiance to the Flag. 119: pRESENTATION - PLEDGE CHAIN IN RECOGNITION OF RED RIBBON WEEK; Presentation of a Pledge Chain in recognition of Red Ribbon Week by the Church of Jesus Christ of Latter-Day Saints (LDS). Mr. Stuart Steingreber, Director of Public Affairs, Church of Jesus Christ of LDS. He is present to express the church's support for the underlying principles of Red Ribbon Week. (The Red Ribbon Week celebration, October 23-31, is designed to increase awareness concerning problems with use of tobacco, alcohol, and other drugs and to promote a drug-free lifestyle.) At the conclusion of his presentation, he introduced Pam Volker, mother and First Councilor in the Anaheim Stake Primary, a children's organization in the church, who, in turn, introduced four young people (three of whom were her children) who presented the red paper Pledge Chain with each link of the chain representing the pledge of one of their youth between the ages of three and eighteen to keep their bodies free from drugs, alcohol and tobacco. Mayor Daly and Council Members accepted the large paper chain and commended the youngsters represented by the chain and for the recognition of Red Ribbon Week by the LDS Church. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council and presented to Cornelia Blomeyer recognizing her for her contributions to the Friends of the Anaheim Public Library. Chris Jarvi, Director of Community Services (Parks, Recreation, Library, Community Services), elaborated upon the contributions made by Cornelia, not only of her time and efforts, but menetarily. Mayor Daly and Council Members commended Ms. Blomeyer for all that she has done over many years which have had a positive and lasting effect on the Library System in Anaheim. 119: PRESENTATION - ANNUAL SERVICE AWARDS - 25. 30~ 35 AND 40-YEAR EMPI~OYEES; Shirley Oudeans, Benef'~s Analyst, Human Resources, introduced the subject employees to be presented with their Service Awards. She explained that 49 employees were eligible;however, only 18 were able to attend tonight's meeting. Mayor Daly assisted Mrs. Oudeans in the presentations. The following employees were present to accept their awards: 35 YEAR AWARDS: Water Field-James Showaiter, Equipment Operator;, Planning-Jake Petrosino, Planning Graphics Supervisor. 30 YEAR AWARDS: Utilities-Ken Tilley, Principal Water Engineer; Tom Slatten, Principal Systems Planning Engineer;, Police-Lyman Duckwitz, Police Officer', John l.arson, Police Officer; Fleet Maintenance-Roger Olson, Lead Auto Mechanic; Human Resources- David Hill, Human Resources Director. CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES OCTOBER 22~ 1996 25 AR D · Utilities-Lynn Area, Water Field Superintendent; Randy Badow, Electric Field Superintendent; Ron Begochea, Water Service Worker Supervisor;, Ronald Cramer, Electric Meter Technician; Marvin Owens, Utilities Troubleshooter;, Police-Steve Haulenbeck, Police Officer; James Watkins, Police Officer; Michael Webb, Police Sergeant; Human Resources-Rick Hall, Human Resources Manager. Mayor Daly and Council Members personally greeted and congratulated each of the employees and commended them for their long service to the City and citizens of Anaheim. RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: 1. PROCLAMATION recognizing October 23 - 31, 1996, as Red Ribbon Week in Anaheim. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,951,141.95 for the period ending October 14, 1996 and $4,147,099.96 for the period ending October 21, 1996, in accordance with the 1996-97 Budget, were approved. Mayor Daly recessod the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (6:10 p.m.) Mayor Daly reconvened the City Council Meeting ( 6:20 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Margaret Manson, Dean of Instruction, Orange Campus, Rancho Santiago Community College District. She first gave the background which brought about the name change of Santa Aha College to Rancho Santiago Community College District encompassing Santa Ana College and the Rancho Santiago Orange Campus. They are now at a point in their history where Santa Aha College will again be separate and are in the process of turning the Orange Campus into what will be the 108th Community College in the State. There will be one college distdct but two separate colleges. The Council has been provided with some materials including a map showing the service areas of the Rancho Santiago Community College District which does include a portion of Anaheim Hills. The most exciting thing they are going to be doing as a beginning to establishing a separate college is to name the Orange campus and are asking the Council to participate in that process on a committee that is being formed from various Councils throughout the service area. They hope to have a name identified and approved by the Board of Trustees at their December 4th meeting. In concluding her presentation, she again invited the Council/City to give input and hopefully a Council Member or someone the Council could recommend could serve on the committee to help name the college. Mayor Daly thanked Mrs. Manson for providing the opportunity for the City to participate in the naming. 4 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES OCTOBER 22, 1996 Jeff Kirsch, 2661 W. Palais, Anaheim. He again reminded the Councit and the public of the two voter information projects he started - Dial-A-Candidate - a 24-hr. voting guide for Anaheim citizens by calling 821-5289 and, Candidates on Tape o videotapes of Public Candidate Forums that have taken place available for checkout at all City library branches. Jeff Kirsch, 2661 W. Palais, Anaheim. He referred to the recent 5-0 vote approving the Disney Expansion Project and the positive articles relating to the project in the Orange County Register and Los Angeles Times. He then proceeded to give a presentation relative to his concerns, as he has expressed in past meetings, relating to the approval especially that the General Fund still has unmet, unfunded shortages such as the deficit in road maintenance. Mayor Daly interrupted Mr. Kirsch reminding him of the three-minute time limit and also the fact that he (Kirsch) speaks at almost every Council meeting and is aware of the procedures. He also noted that there have been extensive public headngs on many of the issues Mr. Kirsch touched upon and that many citizens do not ngree with his views. He asked him to summarize his remarks. Jeff Kirsch. With the outstanding and unfunded expenditures they are going to leave the citizens with from this project and no plan to recover, the only responsible altemative is for the citizens to vote No on Measure B on November 5. Steve White. He has received calls from several members of Anaheim HOME that the Anaheim Police Association is alleging that the previously approved 2% TOT tax increase amounts to funding for Police services which, he feels, is a lie. Neady all is committed to the bonds. He is also present to raise concerns relative to an article in the Los Angeles Times that the Visitor and Convention Bureau (V&CB) contributed $100,000 to Yes on Measure B. He wants to know if any tax money is involved used to subsidize a political campaign to raise his taxes. Council Member Zemel. As a supporter of Measure B and one of the signers of the argument for, he feels that question needs to be answered. City Manager Ruth. His undemtanding is that the funds were derived through a fund-raising effort by the hotels and motels in the resort area. No General Fund monies have been used to support the measure nor any of the budget money allocated to the Visitor & Convention Bureau. City Clerk Sohl also reported that the 'Yes on Measure B Committee' has filed all required campaign statements with her office in this regard which are available for public review. Mayor Daly. He feels the intent of Mr. Kirsch and Mr. White was to do a campaign commercial for a no vote on the measure which was a less than straight fonvard approach. Anyone who wants to know how the Visitor & Convention Bureau spends its money can contact the V&CB which is what most people would do. PUBLIC COMMENTS - AGENDA ITEMS: Public input was received on Item All and B8 (see discussion under those items). MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of October 22, 1996. Mayor Pm Tern Lou Lopez, seconded the motion. MOTION CARRIED. CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES OCTOBER 22~ 1996 CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded by Council Member Lopez, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and es listed on the Consent Calendar; Mayor Daly offered Resolution Nos. 96R-180 through 96R-185, both inclusive, for adoption. Refer to Resolution Book. Al. 140: Receiving and filing the Anaheim Public Library Monthly Statistical Report for the fiscal year 95/96. 140: Receiving and filing the Anaheim Public Library Monthly Statistical Report for the month of August 1996. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held September 4, 1996. 105: Receiving end filing minutes of the Golf Advisory Commission meeting held August 22, 1996. A3. 105: Receiving and filing minutes of the Public Utilities Board meeting held September 5, 1996. 128: Receiving and filing the Monthly Financial Analysis presented by the Finance Director for two months ended August 31, 1996. 117: Receiving and filing the Investment Portfolio Report for the Quarter ending September 30, 1996. 113: RESOLUTION NO. 96R-180: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (PUBLIC WORKS DEPARTMENT.) 169 RESOLUTION NO. 96R-181: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO ALLOCATE COMBINED TRANSPORTATION PROGRAM FUNDS FOR GENE AUTRY WAY AT THE I-5 FREEWAY. A4. 169: RESOLUTION NO. 96R-182: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO ALLOCATE COMBINED TRANSPORTATION PROGRAM FUNDS FOR ORANGEWOOD AVENUE AT THE I-5 FREEWAY. A5. 123: Approving Program Supplement No. 019 to the State-Local Transportation Partnership Program Agreement No. SLTPP-5055 for the Crescent Avenue street improvement project. A6. 174: RESOLUTION NO. 96R-183: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TO CONTINUE A DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FOR ALL PROJECTS IN THE CITY OF ANAHEIM RECEIVING UNITED STATES DEPARTMENT OF TRANSPORTATION FUNDING AND ESTABLISHING A DISADVANTAGED BUSINESS ENTERPRISE GOAL OF 14.00% FOR THE FEDERAL FISCAL YEAR ENDING SEPTEMBER 30, 1997. A7. 156: Rejecting all bids submitted for the Anaheim Police Department Canyon Station. Council Member Tait. He declared a conflict on this item since he lives in the assessment district. He will, therefore, abstain from voting. 6 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES OCTOBER 22~ 1996 A8. 160: Accepting the bid of Aris Helicopters, Md., in the amount of $25,500 for one factory overhaul/exchange of a main rotor transmission for a Police Department helicopter, in accordance with Bid #5576. Ag. 123: Accepting the bid and authorizing the execution of an Agreement with Boto Company, Inc., in an amount not to exceed $67,482 for a two-year peded beginning November 1, 1996, with throe optional one-year extensions, in accordance with Bid #5572. AIO. 160: Approving the purchase ordem submitted by the City Clerk and Information Services Division for an amount not to exceed $55,361.06. The software portion of this cost is $29,770.43, and the chosen vendor is CompuLink, Laserr'iche Software, which includes ten licenses, training, support, software modules Snapshot, Integration Tool Kit and Knowledge Worker. The remaining $25,590.63 is for purchase of hardware items required as follows: from Compaq Computer Coq~. - one Pmliant 5000 model 6/200-1, 64 MB RAM; one 4.3-GB Pluggable Fast-Wide SCSI-2 Drive; and 25 user Smartstart Netware 4.1 licenses; from Arrowhead Industries - one PmComm Technology CD Recorder w/Corel CD Creator; and one Adaptec PCI 2904 SCSI-2 Adapter - source unidentified ($301.64 cost). All. 158: Approving the offer to purchase real property (Ross Park Site), and authorizing the Executive Director of Community Development to execute said offer and take all necessary actions to complete the purchase. Seferino Garcia. He is present to support this item which they refer to as Richard Omelas Park, a 50- year resident of Anaheim. They would like the park named after him since he is ve~ involved in the community and with the youth of the area. The park with s community center is long overdue. The community has been working to make this a reality for 3 1/2 years. He then explained how the community established a target area in order to get CDBG monies and also were instrumental in changing the CDBG process to involve more people in the community. He feels this area has been left out for 20 years. In a meeting with Chris Jarvi, Director of Community Services, he emphasized not only do they want to be involved in bringing in the monies and creating the concept, but also want to establish a committee to be involved in the design. By participating at the grass mots level, they can deal with the issues of social repression. They believe the park and community center will be a home away from home and including a gym which is warranted in a City the size of Anaheim. It would cost about $900,000. They have about $600,000 accumulated from other projects they worked on but which did not materialize. They are asking for support and help to make sure some of the original members of the community that brought the idea to the City sit on the committee and work with the Parks & Recreation Commission. The downtown Community Center will be run by the YMCA and Boys and Girls Club. They want this center' to be designed and built by the community. (Mr. Garcia submitted a document entitled NCDA (National Community Development Association - Homeworks -September 25, 1996 - Vol. 5, #12 - outlining some new programs to be offered by HUD - Department of Housing and Urban Development). Maria-Elena Romem, Assistant Superintendent, Business Administration, Anaheim City School District on behalf of Superintendent, Roberts Thompson and the Anaheim City School District Board. Their elected officials could not be present tonight since their regular Board Meeting is this evening. The District supports the City's effort to acquire the property adjacent to Betsy Ross School. Ross School is one of the sites previously identified by the District for expansion. Having a park adjacent to it could facilitate this process. She thanked and commended City staff for including the District in this project from the beginning. The acquisition of Ross Park will address community needs for recreation space and in the future will expand the District's objectives to find solutions to its facilities crisis. They appreciate the opportunity to comment and consideration of the Anaheim City School District's needs during the planning process. 7 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES OCTOBER 22~ 1996 Maureen Christensen, 242 S. Date Street, Anaheim. It is encouraging to see the City and the School District won~iog together. It is the kind of cooperation that is needed to overcome the facility crisis. She hopes that this project will be the first of many that the School District and the City will work together on for the benefit of the children. Judith Serefini, Executive Secretary of Bolivar. She thanked the City for support on this project and also to remind them it came from a very small request four years ago when the Home Boys and Home Gids came and asked for recreational activities. They are glad it is next to Betsy Ross School and that is one of the reasons they are asking for a gym as well. They feel there are not enough physical activities for youngsters of elementary school age. She again thanked them for their support. Another person from the audience (no name given) stated she was also present to support the project. She kllows it will work hand in hand with the community aud the school and everybody who will be using the center and the park. Thanks go to Mayor Daly and Mayor Pre Tam Lopez because they had meetings with them on the project. She is happy that it is happening now. It will also beautify Anaheim and give a lot of happiness to those using it. A12. A13. A14. A15. A16. A17. A18. A19. A2.0. A21. 000: Approving a partial fee waiver for the Buttons and Bows Square Dance Club of Anaheim for a benefit event to be held at Brookhurst Community Center on Sunday, March 9, 1997. 123: Approving an Agreement between the City of Anaheim and the Anaheim Fall Festival Committee, in the amount of $5,000 for the cosponsorship of the Fall Festival on October 26, 1996. 140: Authorizing the Community Services Department to accept a grant for Public Library Fund monies in the amount of $98,138 from the State Library; and amending the Community Services Department's Library Division budget by increasing revenue account numbers 217-213-4252- 1731 and 217-213-4253-1731 and expenditure account numbers 217-213-4252-7413 and 217- 213-4253-7421 by $98,138. 140: Authorizing the Director of the Community Services Department to act on behalf of the City and apply for funds in the amount of $33,657 from the Major Urban Resource Library (MURL) Program. 123: Approving the Second Amendment to an Agreement with Garvey Communications, for an amount not to exceed $50,000 for communications services related to implementation of the Anaheim Resort Specific Plan and other ongoing major projects in Anaheim. 123: Approving Agreements with Disney Sports Enterprises to contract for the services of two City of Anaheim employees; and authorizing the mayor to sign the Agreements on behalf of the City. 153: Setting the 1997 medical plan contribution for full time non-represented employees at: 100% of the 1997 Kaiser monthly rate for the Kaiser and PacifiCare Health Maintenance Organization plan options; and 110% of the 1997 Kaiser monthly rote for the PacifiCare Point of Services, Catastrophic, and Out of Area Indemnity plan options. 153: Authorizing full-time City of Anaheim Employees to select accrued vacation or paid leave buy-out, as a donation option for the Anaheim Employees Charities Fund Drive. 153: Approving the 1997 Health & Welfare Plan rotes; and authorizing the Human Resources Manager to sign all required renewal documents on behalf of the City. 123: Approving PacifiCare Health Insurance Policy numbers PL11633 and PLl1634, providing out of area and catastmphic indemnity coverages for eligible City of Anaheim employees and retirees. 8 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES OCTOBER 22~ 1996 A2.4. 153: Authorizing the Human Resources Director to sign all required documents on behalf of the City. 144: RESOLUTION NO. 96R-184: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM WAIVING A 60-DAY NOTICE OF LEASE BY THE COUNTY OF ORANGE OF CERTAIN PROPERTY LOCATED IN THE CITY OF ANAHEIM. (1530 SOUTH STATE COLLEGE BOULEVARD FOR OFFICE AND WAREHOUSE SPACE FOR THE COMMISSARY OPERATIONS AND FOOD SERVICES UNITS.) 156: RESOLUTION NO. 96R-185: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE CHIEF OF POLICE TO SUBMIT A GRANT PROPOSAL ON BEHALF OF THE CITY OF ANAHEIM IN CONNECTION WITH THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS) FOR THE 'COPS MORE' GRANT PROGRAM. 123: Approving an Agreement with Duke Engineering & Services to provide consulting services, for an amount not to exceed $59,370 to assist in a management review of the Public Utilities Department's (1) Electric System Reliability and Maintenance Program, (2) Direct Bulled Cable Replacement Program, and (3) Computerized Utility Maintenance Software; and that the Public Utilities General Manager be authorized to execute the Agreement and any other related documents on behalf of the City. A25. 114: Approving minutes of the Anaheim City Council meeting held October t, 1996. Roll Call vote on Resolution Nos. 96R-180 throuah 96R.185. both inclusive, for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 96R-180 through 96R-185, both inclusive, duly passed and adopted. END OF CONSENT CALENDAR. MOTION CARRIED. (Council Member Tait abstained on item A7) 121: pUBLIC HEARING -AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 2101 S. HARBOR BOULEVARD tTHRIFTY GILl: To consider the adoption of a resolution finding and determining the public interest and necessity for acquiring and authorizing the condemnation of a portion of real property located at 2t01 South Harbor Boulevard (Thrifty Oil No. 191, a Califomie General Partnership - R/VV 5154) within the Anaheim Resort Area; and authorizing the law firm of Rutan and Tucker, special counsel to the City, to proceed with said condemnation action. This matter was continued from the meeting of October 22, 1996 to this date. RESOLUTION NO. · A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF A PORTION OF REAL PROPERTY LOCATED AT 2101 SOUTH HARBOR BOULEVARD (THRIFTY OIL NO. 191, A CALIFORNIA GENERAL PARTNERSHIP - R/VV 5154). CITY QF ANAHEIM, CALIFORNIA - COUNCIL MINUTES OCTOBER 22, t996 See staff report dated October 17, 1996 from Gary Johnson, Director of Public Works and City Engineer. In the report, Mr. Johnson noted that the property owner has requested another continuance which would allow him to complete a Conditional Use Permit process prior to the City Council taking action on the acquisition of access rights. A continuance to January 14, 1997 is recommended. Mayor Daly wanted to know if a continuance to the January date would present any problems in terms of a timetable for the improvements the City wants to accomplish. Natalie Meeks, Civil Engineer, Public Works. She answered, no, Staff can still meet their deadlines and complete the project. The continuance will allow the property owner to complete his planning process. MOTION. Council Member Zemel moved to continue the subject Public Hearing to January 14, 1997 as requested by Thrifty Oil and concurred in by the Director of Public Works. Council Member Feldhaus seconded the motion. MOTION CARRIED. A27. 105: APPOINTMENT TO THE SENIOR CITIZENS COMMISSION; Appointment to the Senior Citizens Commission to fill the vacancy of Mr. Ernest L. Sullivan for the term expiring June 30, 1997. City Clerk Sohl noted that Mr. Sullivan recently resigned from the Commission thus leaving the subject vacancy. MOTION: Mayor Daly moved to continue the subject appointment for 30 days. Council Member Zemel seconded the motion. MOTION CARRIED. ITEMS B1 - B3 FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 30. 1996: INFORMATION ONLY-APPEAL PERIOD ENDS OCTOBER 22~ 1996: B1. 179: CONDITIONAL USE PERMIT NO. 1829 AND NEGATIVE DECLARATION: OWNER: LANDSDALE & CARR, 17662 Armstrong Avenue, Irvine, CA 92714 AGENT: STRATA LAND COMPANY, Attn: Michael Toerge, 3810 E. Coast Highway, Corona Del Mar, CA 92625 LOCATION: 950 North Harbor Boulevard. Property is an iwegulariy-shaped parcel of land consisting of approximately 0.37 acre located at the southeast comer of La Palina Avenue and Harbor Boulevard. To permit automotive repair in conjunction with a previously approved tire sales installation business. ACTION TAKEN BY THE PLANNING COMMISSION: WITHDRAWN by the applicant (7 yes votes). 10 CITY OF ANAHEIM. CALIFORNIA - COUNCIL MINUTES OCTOBER 22. 1996 179: CONDITIONAL USE PERMIT NOS. t04 AND t765 CATEGORICALI~Y EXEMPT, Cl~,S$ REQUESTED BY: CITY-INITIATED (CODE ENFORCEMENT DIVISION), 200 S. Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 1652 West Lincoln Avenue (El Oio de Aoua}. Property is a rectangulady-shapad parcel of land consisting of approximately 1.3 acres, having a frontage of approximately 220 feat on the south side of Lincoln Avenue and located approximately 440 feet east of the cantedine of Euclid Streat. City initiated (Code Enforcement Division) request to consider the revocation or modification of Conditional Use Permit No. 104 (to sell beer in conjunction with a restaurant) and Conditional Use Permit No. 1765 (to permit a beer bar) pursuant to Section 18.03.091 of the Anaheim Municipal Cede. ACTION TAKEN BY THE PLANNING COMMISSION; Revoked CUP NO. 104 (PC96-98) and CUP NO. 1765 (PC96-gg) (7 yes votes). City Clerk SoN. This matter has been appealed by the owner and set for a Public Hearing on November 19, 1996, City Aftomey White. In the past, the Council has often referred these types of headngs to a Headng Officer to prapare the record and make a recommendation. Council could also conduct the hearing itself but because such headngs have become complicated and lengthy in the past, the City has been well sewed by hiring a Hearing Officer. Mayor Daly. In recent years, the use of a Hearing Officer has been ve~ efficient in such instances. He thereupon moved to leave it to the City Attomey's discretion to select a Hearing Officer and to subsequently conduct the hearing relative to the revocation of C.U.P. No. 104 and 1765. Council Member Feldhaus seconded the motion. Before a vote was taken, Council Member Feldhaus asked if the intent in this case is to reapply for a different type of license. Bruce Freeman, Cede Enforcement Officer. The intent is to deal with the problems at hand that have been ongoing at the location for the last two years. This particular location within the last six months has had their alcohol permit revoked because of problems. This is just an additional problem with the property. Council Member Feldhaus. He was reading in the action minutes where it appeared that perhaps if the C.U.P.'s are revoked, that a different application would come forth through the ABC (Alcoholic Beverage Commission) for a different operation. Bruce Freeman. If the applicant chose to apply for a new C.U.P. they could do se. B3. 179: CONDITIONAL USE PERMIT NOS. t88 AND 2090 CATEGORICALLY EXEMPT, CLASS 21: INITIATED BY: CITY OF ANAHEIM, PLANNING DEPARTMENT (CODE ENFORCEMENT DIVISION), 200 S. Anaheim Blvd., Anaheim, CA 92805. LOCATION: 1160 North Kraemer Boulevard ~Bobbv's Shackl. Property is a rectangularly-shaped parcel of land consisting of approximately 0.9 acre having a frontage of approximately 175 feet on the east side of Kraemer Boulevard, having a maximum depth of approximately 216 feet and being located approximately 242 feet south of the canteriine of Coronado Street. City-initiated (Cede Enforcement Division) request to consider the revocation or medification of Conditional Use Permit No. 188 (to establish a planned unit shopping canter including a 11 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES OCTOBER 22. 1996 restaurant with cocktail lounge) and Conditional Uso Permit No. 2090 (to pem~it a public dance hall in conjunction with a restaurant) pursuant to Section 18.03.091 of the Anaheim Municipal Code. ACTION TAKEN BY THE PLANNING COMMISSION: Modified CUP NO. 188 (PC96-100) and CUP NO. 2090 (PC96-101) (7 yes votes). END OF THE PLANNING COMMISSION ITEMS. ITEMS B4 - B7 FROM THE ZONING ADMINISTRATOR MEETING OF OCTOBER 10. t996: DECISION DATE: OCTOBER 17, 1996 INFORMATION ONLY -APPEAL PERIODS END OCTOBER 28. 1996. AND NOVEMBER t, 1996: 179: VARIANCE NO. 4295. CATEGORICALLY EXEMPT. CLASS t: OWNER: JOSEPH R. & PATRICIA A. REED, 2654 West Semno Place, Anaheim, CA 92804 LOCATION: 2654 West Sereno Place. Property is an Irregularly shaped parcel of land consisting of appmximetely 0.16 acre, having a frontage of approximately 81 feet on the south side of Sereno Place, having a maximum depth of appmximetely 97 feet and being located approximately 330 feet east of the centerline of Trojan Street, and furtbar desoHbed as 2654 West Sereno Place. Waiver of minimum front yard setback (25 feet is required; 20 feet is pmpusod) to construct a 60 square foot addition to an existing garage. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4295 APPROVED (ZA Decision No. 96-32). B5. 179: ADMINISTRATIVE ADJUSTMENT NO. 107': OWNER: BOULEVARD DEVELOPMENT COMPANY, 856 North Commerce Street, Orange, CA 92867 AGENT: REZA DADASHI, 856 North Commerce Street, Orange, CA 96867 LOCATION: 318 South Vista Real Way. To constnJct a single-family residence with a waiver of maximum height (25 feet permitted; 27 1/2 feet proposed). ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 107 APPROVED (ZA Decision No. 96-33). B6. NOTE: 179: SPECIAL CIRCUMSTANCE WAIVER NO. 96-10: OWNER: Clark Danielson, MPA, 1431 East La Palma Avenue, Anaheim, CA 92805 LOCATION: 1491 East La Palina Avenue. Petitioner requests approval of a special cimumstances waiver to permit two banners at subject property to advertise a research project. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Special Circumstance Waiver No. 96-10 APPROVED for two months until December 5, 1996. THIS ITEM HAS A TEN DAY APPEAL PERIOD WHICH EXPIRES ON OCTOBER 28, 1996. 12 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES OCTOBER 22, 1996 B7. 179: SPECIAL CIRCUMSTANCE WAIVER NO. 96-11: OWNER: John Schroeder, 1440 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 1440 South Anaheim Boulevard (Anaheim Indoor Marketolace}. Petitioner requests approval of a special circumstances waiver for an outdoor camival for the Loam Band Boostem for the weekend of October 26 and 27, 1996. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Special Circumstance Waiver No. 96-11 APPROVED. NOTE: THIS ITEM HAS A TEN DAY APPEAL PERIOD WHICH EXPIRES ON OCTOBER 28, 1996. END OF THE ZONING ADMINISTRATOR ITEMS. B8. 155: ORDINANCE NO. 5580: FOR ADOPTION: Amending Ordinance Nos. 5377 And 5378 As Previously Amended, Relating To The Disneyland Resort Specific Plan No. 92-1, Amendment No. $ (Chal~er 18.78 Of The Anaheim Municipal Code). (introduced at the meeting of October 8, 1996, Item D3.) 185: ORDINANCE NO. 5581: FOR ADOPTION: (I)Approving Development Agreement No. 96-01 By And Between The City Of Anaheim And Wait Disney Wodd Co., A Delaware Corporation, (Ii) Making Certain Findings Relating Thereto, And (Iii) Authorizing The Mayor To Execute Said Agreement For And On Behalf Of The City. (introduced at the meeting of October 8, 1996, Item D3.) Mayor Daly offered Ordinance Nos. 5580 and 5581 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5580 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NOS. 5377 AND 5378 AS PREVIOUSLY AMENDED, RELATING TO THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1, AMENDMENT NO. 3 (CHAPTER 18.78 OF THE ANAHEIM MUNICIPAL CODE) ORDINANCE NO. 5581 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM (i) APPROVING DEVELOPMENT AGREEMENT NO. 96-01 BY AND BETWEEN THE CITY OF ANAHEIM AND WALT DISNEY WORLD CO., A DELAWARE CORPORATION, (ii) MAKING CERTAIN FINDINGS RELATING THERETO, AND (iii) AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY. Roll Call Vote on Ordinance Nos. 5580 and 5581, both inclusive, for adoption: AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Ordinance Nos. 5580 and 5581, both inclusive, duly passed and adopted. 13 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES OCTOBER 22~ 1996 D1. 134: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 340 SANTA AN~ CANYON RD. ACCESS POINT STUDY AMENDMENT RECLASSIFICATION NO. 95-96-04 VARIANCE NO. 4292 AND NEGATIVE DECLARATION: OWNER: CITY OF ANAHEIM, REAL PROPERTY DIVISION, Attn: Frank Hardcastle, 200 S. Anaheim Blvd., Anaheim, CA 92805 TRANSCORP C/F, Attn: William H. Stanly, 5212 Sierra Vista, Newport Beach, CA 92660 AGENT: SAM HANNA, 2664 Vista Valley, Orange, CA 92667 LOCATION: 5481 East Santa Aha Canyon Road. Property is an i~egulady-shaped parcel of land consisting of approximately 1.1 acres located at the northwest comer of Santa Aha Canyon Road and Maude Lane. Petitioner requests an amendment to the Land Use Element of the General Plan (mdesignating subject property from the Hillside Low Density Residential designation to the Commercial Professional designation). Petitioner requests reclassification of the subject property from the RS-A-.43,000 (SC (Residential/Agricultural) (Scenic Corridor Overlay) Zone to the CO (SC) (Commercial Office and Professional) (Scenic Corridor Overlay) Zone. Petitioner requests waiver of maximum structural height, minimum landscape settmck adjacent to a residential zone boundary, minimum setback adjacent to a scenic highway, minimum setback adjacent to a local street and required parking lot landscaping to construct a 2-story, approximately 3,800 square foot office building. Property is an irregularly shaped parcel of land consisting of approximately 1.1 acres located at the northwest comer of Santa Ana Canyon Road and Maude Lane, having approximate frontages of 230 feet on the north side of Santa Aha Canyon Road and 120 feet on the west side of Maude Lane and further described as 5481 East Santa Ana Canyon Road. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended ADOPTION to City Council for General Plan Amendment No. 340 (PC96-75) (6 yes votes, 1 absent). Recommended approval of Santa Ana Canyon Rd. Access Point Study Amendment subject to plan revision (PC96-76). Reclassification No. 95-96-04 GRANTED (PC96-77). Vadance No. 4292 GRANTED (PC96-78). Infom~ational item at the meeting of September 10, 1996, Item BI. Public hearing continued from the meeting of October 1, 1996, Item D1. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - September 19, 1996 Mailing to property ownem within 300 feet - September 19, 1996 Posting of property - September 20, 1996 STAFF INPUT: See staff report to the Planning Commission dated July 22, 1996. City Clerk Sohl. An additional request for a continuance has been received from the proponent of 30 to 45 days. Mayor Daly. In view of the request, he is suggesting a continuance of the Public Headng until December 3, 1996 which is six weeks from today which should give the property owner ample time. A person from the audience indicated that this is the fourth time she has peen present on this project. Mayor Daly. He did not realize that them were people present on this item. He invited a representative of the group to speak on the matter. 14 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES OCTOBER 22, 1996 Rosalyn Ferrell, 119 Maude Lane, Anaheim. She spoke last time (see minutes of October 1, 1996) against the construction of the two-story office building that will invade her privacy since there will be windows that look into her back yard and kitchen window. She is present again tonight expecting to have a chance to speak and a decision made by the Council. It is not fair the residents needs are not being taken into consideration. The project will also necessitate care making a left turn on Maude Lane and another left turn into the proporty and if they miss, they will go into her driveway. She is also adamant that they need sidewalks from Maude Lane to Pinney Drive. She does not want to see Santa Ana Canyon Road being tumed into nothing but offices and shopping centers. Mayor Daly asked to hear from the City Attorney relative to the additional request for a continuance by the property owner. City Attorney White. If they don't grant the request for a continuance, the property owner will come beck and request a rehearing claiming he was denied a fair hearing, that the hearing was conducted in absentia and that he should have another hearing. Unfortunately, the people involved have to come to meetings on multiple occasions. However, it would be inadvisable in his view to conduct the hearing in the absence of the applicant. If denied, the applicant can go to court and claim he had been denied due process. His recommendation is not to proceed but honor the request for continuance and at the same time notify the applicant that the Council will expect the hearing to proceed on December 3, If he is not ready at that time, he should be prepared to withdraw his application or proceed even if he is not ready. He also stated that any testimony taken tonight should only be on the issue of the continuance rather than upon the merits of the project itself in order to keep the procedure straight. Diana King, 5360 Gerda, Anaheim. One of the issues discussed last time was timely notification of the homeowners. She has not been able to speak to everyone this evening but only two of the residents received a letter on Saturday. It does not give ample time to arrange their schedules. She cannot understand why they were not notified in a timely fashion of this evening's proceeding. Another question they are not sure whether the City or Mr. Hanna owns the piece of property she occupies but the other side of her fence is so overgrown, it is a fire hazard. She does not know who is responsible for the cleanup. It is very unsightly. Mayor Daly. He will ask the City Manager's office to evaluate the fire hazard concerns. Sam Hanna, Agent for the Applicant. He is speaking on behalf of his wife and cousin. They have asked for an extension to address the issues raised which he does not have a problem with. He wants to bring to everyone's attention that they are proposing only a 1,500 sq. ft. dental office on a huge piece of property. Mayor Daly asked if it was his intention to meet with the neighbors if he has not already done so. Mr. Hanna answered yes. They have already met but one of the owners was not available and they will have to contact him again. He confirmed it was his intention to meet again with the adjacent property owners. Rachel Baron, 112 N. Lohrum Lane, Anaheim. Two meetings ago, Mr. Hanna was requested by the Council to submit a revised report on the inigation and taking care of the landscaping and property directly behind her house. She has been flooded and is still trying to recoup the $39,000 the court awarded her. The property is still eroding. Mr. Hanna should meet the requests made by the Council so that by the time of the next meeting they will have been done. She has no problem with the continuance. Marjode Mathis, 5354 E. Gerda, Anaheim. She was present at the first two Planning Commission meetings where the issues of the neighborhood were addressed and it was made clear to Mr. Hanna the detail they wanted to see. At the second meeting, Mr. Hanna had vague answers and did not answer the questions of the Planning Commission. She did not attend the last meeting before the Council but the owner has now had another 30-40 days. The things he is being asked to address are not new. She supports the City Attorney's recommendation that when Mr. Hanna comes back again on December 3, 15 CITY OF ANAHEIMt CALIFORNIA - COUNCIL MINUTES OCTOBER 22, 1996 that he does not neglect his responsibility as a developer and citizen of the community to address the specific issues put forth. In regard to the things he submitted to the City, she asked if they are going to have an opportunity to see them before the next meeting. Mayor Daly. It is all a matter of public record. The ony thing he has seen is a brief paregreph letter asking for a continuance and a copy can be obtained from the Clerk. He also asked the City Clerk to work with representatives of the neighborhood on the notification issue. City Clerk Sohl.* The letters were sent out immediately the day following the request for the continuance. She will be in contact with them or they are invited to call her office if they wish at 254-5166. Council Member Tait stated that he would agree to the request for · continuance but with no further continuances beyond that date; Council Member Zemel. With that stipulation, he will also agree. MOTION. Council Member Zemel moved to continue the subject Public Headng to December 3, 1996 with no further continuances. Mayor Daly seconded the motion. MOTION CARRIED. D2. PUBLIC HEARING - RECLASSIFICATION NO. 95-96-08 WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3868 TENTATIVE TRACT MAP NO~ II~346 MITIGATED NEGATIVE DECLARATION: OWNER: BALAN PROPERTIES, 225 S. Lake Avenue, 9th Floor, Pasadena, CA 91101 AGENT: THE OLSON COMPANY, 3010 Old Ranch Parkway, #.400, Seal Beach, CA 90740 LOCATION: 1925 West Lincoln Avenue. Property is a rectangularly-shaped parcel of land consisting of approximately 5.67 acres located at the northwest comer of Lincoln Avenue and Muller Street. To reclassify subject property from the RM-1200 to the RM-3000 Zone. To permit a 2-story, 68-unit detached condominium complex with waivers of maximum structural height adjacent to a single-family residential zone and minimum structural setback and yard requirements. To establish a 1-lot, 68-unit airspace condominium subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 95-96-05 GRANTED (5 yes votes, 2 absent). Waiver of code requirement APPROVED (4 yes voles, 1 no vote, 2 absent). CUP NO. 3868 GRANTED (4 yes votes, I no vote, 2 absent). Tentative Tract Map No. 15345 APPROVED (4 yes votes, 1 no vote, 2 absent). Mitigated Negative Declaration APPROVED. HEARING SET ON: A letter of appeal of the Planning Commission decision was submitted by the neighborhood area residents. Informational item atthe meeting of September 10, 1996, Item Bg. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - October 10, 1996. Mailing to property owners within 300 feet - October 9, 1996. Posting of property - October 11, 1996. STAFF INPUT: See staff report to the Planning Commission dated September 4, 1996 16 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES OCTOBER 22~ 1996 City Attorney White. The procedure to be followed tonight, regardless of who files the appeal, once it is filed, it is basically a new hearing as if it was coming to the City for the first time. The project applicant is to speak first and present an outline of the application, those in favor, and then those opposed with a brief rebuttal by the applicant to any issues raised by those opposed. Cheryl Flores, Senior Planner, summarized the project as outlined in the staff report to the Planning Commission. After the summary, she noted, based on meetings between the homeowners to the west, Traffic Engineering and the Council's comments on September 10th, Public Works has proposed a new condition of approval to replace Condition #13 of the Tentative Tract Map previously appmved by the Planning Commission which conditioned alteration of the Unceln Avenue median island at Aladdin Drive. Copies of the revised condition are available at the podium if necessary. She has passed some out to the owners, and the Council and the developer has received copies. Mayor Daly opened the Public Hearing and asked to hear from the project applicant. Alex Hemandez, Olson Company, 3010 Old Ranch Parkway, Ste. 400, Seal Beach. This is a 68-unit cluster style single-family home project at the northwest comer of Lincoln and Muller each consisting of 3 bedrooms and 2 1/2 baths with prices ranging from $159,000 to $179,000. All contain two-car garages and meet City standards with regard to guest parking. He then briefed the project amenities. He also reported that following Planning Commission approval, an appeal was filed by adjacent property owners to the west. Since that time, they have worked with the residents to address their concerns which were basically related to traffic and the desire to have a safe left-hand rum from their tract immediately west of the site (on to Lincoln). Working with the City Traffic Engineer, Planning staff, and the community, they were able to meet on several occasions as well as phone conversations and believe a satisfactory solution has been reached. They are proposing to break the median in front of Carol Drive west of the project and make all the improvements enabling the community to make a left-hand turn in a safe manner prior to closing off or making any improvements on Diane Way. The community has now expressed support for the project. With regard to the project itself, there has been no objection to the proposal but merely a matter of traffic which is now resolved. They look forward to starting the project upon Council's favorable review. John Lower, Traffic and Transportation Manager. Staff has met with the project applicant and several representatives of the community. The idea of a Carol Drive break to provide outbound left tums was first suggested by members of the community. After analyzing the situation, staff recommends the proposal. The break in the Lincoln median will provide for outbound left tums only. There will be no eastbound left turn into Carol Drive. Mayor Daly asked for a show of hands of those present in favor of the project with the inclusion of the change relative to the break at Carol Drive. Approximately 12 people raised their hand. Two raised their hand in opposition. Mayor Daly asked to hear from those in favor, preferably a spokesperson for the group. Bob Schmall, owner of the property at 223 N. Carol Drive, Anaheim. The residents are now in favor of the project with the change regarding traffic control. Their objection initially related mainly to safety in exiting the housing tract to eastbound traffic on Lincoln. Mr. Schmall then read a letter submitted to the Council dated October 22, 1996 from Aladdin, Bemiece, Carol, Dahlia, Diane Residents and Property Owners affected by Closure of Diane Way east to Muller Street - Appeal of Planning Commission Action , Item 8, 914/96 - made a part of the record. Item 2 in the letter outlined in detail the main purpose of the appeal - 'to ensure a safe eastbound auto exit without the safety now afforded by the Muller/Lincoln traffic light.' Items 2 (b), (c) and (d) gave the specifics of the request. Glenda Flora, 106 N. Bemiece, Anaheim. She is speaking in favor but she would also like to see included at the Aladdin exit that the streets are marked safely because of the problems in entering and exiting. The City has just resurfaced the street and she would like to the street remarked as well as Aladdin and Lincoln. Now that there is a very large strip of the median gone, there are areas where 17 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES OCTOBER 22~ 1996 people can make left hand tums into Empire or Aladdin. The median area used to have a dotted line down the side. Now traffic comes head to head. The only thing that would be of real benefit for the residents would be to have it marked pmpedy. Mayor Daly. He will ask the Traffic Engineering staff to look at some better markings. John Lower. It is something they have already started to look into and they will be glad to contact Ms. Flora and share those options with her. Mayor Daly asked to hear from any citizens present in opposition. Sarah Walker, 235 N. Aladdin, Anaheim. After speaking with the residents sitting behind her tonight and seeing the change, she is now in favor of the project. On the issue at Aladdin Drive, something that would also benefit the area, at the west end of Diane, she asked if a stop sign could be installed at that location. She has almost been broad-sided several times by people driving west on Diane Way. Mayor Daly. They will have staff look at that as well to see if it is practical. Mike Perez, Director of Facilities & Planning, Anaheim City School District. They sent a letter to Mr. Hereandez asking that he meet with the School District and possibly the High School District as well to address crossing guards and mitigation of school impacts. They never had that meeting. Sixty-nine (the proposal is for 68) units will bring new students and there is a edsis. They hope to be able to meet at some time to address those issues. He submitted letter dated October 22, 1996 (made a part of the record) addressing the district's issues. SUMMATION BY APPLICANT: Alex Hemandez. With regard to the traffic issues, prior to the Planning Commission meeting, they did not have knowledge as to the extent of the resident's concerns. In following up with Olson Company's objective of working with the communities they are located in, they started looking for a solution to those concerns and feel they have successfully done that. With regard to the school district, they do recall receiving the letter and are complying fully with the standards of the school district and the impact fees. He reiterated, they will fully comply with those standards and fees. Before closing, he recognized City staff for doing an outstanding job and for taking the time to meet with the community and with them. He specifically recognized Cheryl Flores and Greg Hastings for an outstanding job. Mayor Daly closed the Public Hearing. Mayor Daly. It appears that an acceptable solution has been worked out. Speaking for himself, this was a very challenging traffic situation because of the traffic patterns in the neighborhood and at the same time a desire to see something in the way of progress on this vacant land. It has been an eyesore ever since Anaheim Bowl was razed. ENVIRONMENTAL IMPACT REPORT - MITIGATED NEGATIVE DECLARATION: On motion by Mayor Daly, seconded by*Council Member Zemel, the City Council does hereby approve a Mitigated Negative Declaration on the subject project and accompanying Mitigation Monitoring Program pursuant to Section 21081.6 of the Public Resources Code on the basis that the Planning Commission/City Council has considered the proposal with the Mitigated Negative Declaration and accompanying Monitoring Program, together with any comments received during the public review process and further finding on the basis of the Initial Study that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Mayor Daly offered Resolution 96R-186 and 96R-187 for adoption. 18 CITY OF ANAHEIM~ CALIF,ORNIA - COUNCIL MINUTES OCTOBER 22, 1996 RESOLUTION NO. 96R-186: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (RECLASSIFICATION NO. 95- 96-05) RESOLUTION NO. 96R-187: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3868. Before a vote was taken, City Attorney White recommended that the condition previously suggested be added as amended Condition #13 to the Tract Map and also be added as a new condition to the Conditional Use Permit and that the motion on the Tentative Tract Map be based upon the findings set forth in Paragraph 28 of the September 4th staff report, and that the motion include those findings by reference. Mayor Daly. His actions include the paragraph submitted by the Planning staff which requires the developer to construct a street opening at Carol Drive and to create a turn pocket in the Lincoln Avenue median island to permit left tums from Carol Drive on to Lincoln. He asked for confirmation that it is clearly staff's intention to select Carol Drive for the opening; John Lower answered yes. A vote was then taken on the foregoing resolutions offered by Mayor Daly including the amendments as articulated by the City Attorney (see above). Roll Call Vote on Resolution Nos. 96R-186 and 96R-187 for adoption: AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 96R-186 and 96R-187 duly passed and adopted. MOTION: Mayor baly moved to approve TENTATIVE TRACT MAP NO. 15345 upon the findings set forth in Paragraph 28 of the September 4, 1996, staff report, including modifications regarding traffic control. Council Member Zemel seconded the motion. MOTION CARRIED. Cl. 112: REPORT ON CLOSED SESSION ACTIONS: City Attorney White reported that the City Council authorized issuance of subpoenas in the disciplinary matter of Roger Banowitz, Grievance #96- 049. The vote was all ayes. C2. 114: STATUS OF BYZANTINE CHURCH PROJECT ON NORTH WEST STREET: Mayor Daly. He noted that Council Member Feldhaus had a question relative to the church project on N. West Street. Council Member Feldhaus. The church project proposed for N. West Street was continued by request of the applicant in order to tnj to meet the conditions of C.U.P. 3699, Resolution 94R-244. He would like to have information on the status of the project. 19 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES OCTOBER 22~ 1996 Mayor Daly. The applicant asked-for an extension on the C.U.P. for a church yet to be started and the applicant asked for a continuance of his own request. City Clerk $0hl asked for clarification if the item is to be placed back on the agenda or a status report submitted on the project. Council Member Feldhaus. He would first like a staff report on the status of the project and subsequently if he feels it should be put back on the agenda, he will request that action. ADJOURNMENT: By general Council consent, the City Council Meeting of October 22, 1996 was edjoumed (7:45 P.M.) The next scheduled Council Meeting is November 5, 1996. LEONORA N. SOHL CITY CLERK 2O