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2000/04/18ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 18, 2000 The City Council of the City of Anaheim met in regular session. PRESENT: PRESENT: ABSENT: PRESENT: MAYOR: Tom Daly COUNCIL MEMBERS: Frank Feldhaus, Lucille Kring, Tom Tait, Shirley McCracken COUNCIL MEMBERS: None CITY MANAGER: Jim Ruth CITY ATTORNEY: Jack White CITY CLERK: Sheryll Schroeder FINANCE DIRECTOR: Bill Sweeney ZONING DIVISION MANAGER: Greg Hastings ZONING ADMINISTRATOR: Annika Santalahti CIVIL ENGINEER: Natalie Meeks A complete copy of the agenda for the meeting of the Anaheim City Council was posted on April 14, 2000 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall) containing all items as shown herein. REQUEST FOP, 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. 1, CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existing Litigation: Name of Case: Vista Royale Homeowners Assn. v. 396 Investment Co. fka The Fieldstone Company, et al., Orange County Superior Court Case No. 77-30-74 (and related cases). 2. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existing Litigation: Name of Case: Palmer v. City of Anaheim, Orange County Superior Court Case No. 80-95-97. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existing Litigation: Name of Case: City of Anaheim, et al. v. Vista Media Group, Inc., Orange County Superior Court Case No. 81-40-50. CONFERECE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Agency designated representative: David Hill Name of employee organizations: Anaheim Police Association, Anaheim Municipal Employees Association, International Brotherhood of Electrical Workers, Local 47, Service Employees International Union Local 1877 and Teamsters Local 952 - CalPERS update. By general consent, the Council recessed into Closed Session. (3:15 p.m.) ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 18, 2000 AFTER RECESS: Mayor Daly called the Council meeting of April 18, 2000 to order at 5:39 p.m. and welcomed those in attendance. INVOCATION: A Moment of Silence was observed in lieu of an invocation. Presentation of the Colors and Flail Salute by Girl Scout Honor Unit: After presenting the colors, the Honor Unit, made up of girls from various schools throughout the City of Anaheim, led the audience in the Pledge of Allegiance to the flag. PRESENTATION - MISS ANAHEIM 2000 - JIMMEE BRANCH: Jimmee Branch, a third-year student at Cai State/Fullerton, the new Miss Anaheim for the year 2000, formally introduced herself to the Mayor, Council Members and the audience. She is honored to represent the wonderful City of Anaheim especially since she is a "product" of the City having lived here for 20 years. She then reported on her community involvements and subsequently noted that she will be competing for the title of Miss California in the June State Pageant. Her talent is dancing and she is currently taking lessons at the Anaheim Ballet; her platform is volunteerism. She reiterated, she is honored to be representing the City. Mayor Daly and Council Members greeted Ms. Branch and presented her with a bouquet of roses. The Mayor commented that Ms. Branch is truly a local product having attended Stoddard Elementary School, Ball Jr. High and Loara High School. They wished her well in the upcoming June pageant and look forward to seeing her at City functions during her reign as Miss Anaheim. 119: PROCLAMATION: The following Proclamation was authorized by the City Council: National Community Development Week - April 24 - 30, 2000 June Lowry, Chairperson of the Community Development Advisory Board accepted the Proclamation and in doing so, explained the work of the Board; Mayor Daty and Council Members commended Ms. Lowry and the Board for their fine work. The Mayor also noted that Lisa Stipkovich, Executive Director of Community Development, assists in administering the Community Development Block Grant Program as does Chris Jarvi, Director of Community Services. RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: Proclamation recognizing April 30 - May 7, 2000, as Days of Rememberance in Anaheim Proclamation recognizing April 28, 2000, as Millennium Mayorthon Day in Anaheim Mayor Daly. He wants to underscore that the Millennium Mayorthon Day program is a program of the American Red Cross to promote organ donation. They are asking everyone to participate on that date, April 28th -"...all citizens are encouraged to recognize the importance of organ and tissue donation and pledge the gift of life". Declaration recognizing the Assistance League of Anaheim on their 60~h Anniversary Mayor Daly. He wants to underscore that the Millennium Mayorthon Day program is a program of the American Red Cross to promote organ donation. They are asking everyone to participate on that date, ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES APRIL 187 2000 April 28th -- "... all citizens are encouraged to recognize the importance of organ and tissue donation and pledge the gift of life." FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,818,931.70 for the period ending November 8, 1999 and $2,272,056.22 for the period ending November 15, 1999 in accordance with the 1999-2000 Budget, were approved. ADDITIONS TO THE AGENDA: There were no additions to agenda items. PUBLIC COMMENTS: Ann McCracken, Anaheim (also see minutes of April 11, 2000 under this portion of the agenda). As she understands, the funding for the City's Job Training Programs come from Federal funding. She thereupon asked several questions relative to the program which she requested be answered; Mayor Daly. The Council will ask the City Manager to respond now or after he has had an opportunity to reseamh the questions. City Manager, James Ruth. Staff will be happy to research the questions for Ms. McCracken and respond back. The City has had a long history of tremendous success with the work programs. A volunteer board devotes its time and effort to the program, which has accommodated hundreds of young people and adults, assisting them in finding a job and providing the proper training. Linda Lee Grau, 24 Morning Dove, Irvine. Give Savis Roditis his 100 cabs. Marilyn J. Ryan, President of Coast Advertising, Inc., spoke relative to Item B16. See comments and discussion under that item. Ed Denver, 712 N. Clementine, Anaheim. The homes on Clementine Street are in the newly created Historic District and his home is included. There have been tours through his home. His purpose tonight is to bring to the Council's attention the "terrible" condition of the streets and sidewalks in the 800 block of north Clementine. He feels it is disgraceful and does not see how anyone could be proud of their homes. The street is in disrepair and the sidewalks need to be completely repaired not only because of the aesthetics, but also because of possible liability. He urged that something be done. Mayor Daly. They have been talking to the City Manager relative to the sidewalk repair budget. In recent years, they have increased the amount of money for such repairs and expect to continue in that vein. City Manager Ruth stated staff has just completed a report today which will be submitted to the Council relative to the bankruptcy money recommending that part of that money be used to enhance the budget for sidewalks, curbs, gutters and street trees. Larry Slagle, 1619 E. Lincoln (Yellow Cab Company), Anaheim. There were comments at the previous meeting ( see minutes of April 11,2000 under Public Comments - re: Ann McCracken) ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 18, 2000 and also tonight relative to the Job Training Program which relates to the Private Industry Council (PIC). Notwithstanding the current issue, the PIC is a hard-working group of private citizens who are appointed by the Council. It has over 25 Board Members of community businesses and stake holders including the Employment Development Department and others working hard to develop policy and work with hard-core unemployed, welfare, gang members and ex-cons to place them in meaningful employment. They subsidize their on-the-job training as well to train them in vocational directions of their choice. They also inspect the Vendors and work with staff to make sure the Vendors "produce and provide" and they are also graded. Every year the PIC not only meets, but also exceeds the State standards and have qualified for additional monies from the State enabling them to train additional people, residents of Anaheim, and put them into gainful employment. It is a very positive program. The following people spoke relative to proposed Charter Amendment regarding Term Limits: James Gamboa, Jim Dougherty, John Rodenbauer, Ray Torres, Stan Sewell and Mike Neben. See comments and discussion under Item A19. MOTION: Mayor Daiy moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of April 18, 2000. Council Member McCracken seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A17: On motion by Mayor Daly, seconded by Council Member McCracken, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Mayor Daly offered Resolutions Nos. 2000R-64 and 2000R-65, for adoption. Mayor Daly offered Ordinance No. 5727 for adoption. Refer to Resolution/Ordinance Book. Al. 105: Receive and file minutes of the Anaheim Redevelopment and Housing Commission meeting held March 15, 2000. 174: Receive and file a Notice of Application from Chapin-Tolley-Brown Enterprises, LLC filed before the California Public Utilities Commission to establish and operate an on-call door-to-door infant and child common carrier (passenger stage corporation) between daycare and activity centers. 128: Receive and file the Monthly Financial analysis presented by the Finance Director for eight months ended February 29, 2000. 117: Receive and file the Investment Portfolio Report for the month of March, 2000, as submitted by the City Treasurer. 176: RESOLUTION NO. 2000R-64 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and service easements, and to consider abandoning that certain easement for a water ditch, approximately one and a half feet in width located on that certain property located at the northwest corner of La Palma Avenue and Onondaga Avenue - 1827 W. La Palma Avenue (Abandonment No. 99-22A). (Suggested public hearing date: May 16, 2000, at 6:00 p.m.) 4 A3. A4. A5. A6. A7. A8. A9. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 18, 2000 158: Approve and authorize the Mayor and City Clerk to sign a Right-of-Entry Agreement for property located at 1461 North Daly Street in connection with the State College Boulevard/SR-91 Freeway Project (PJW 5175-11 ). 158: Approve and authorize the Mayor and City Clerk to sign a Right-of-Entry Agreement for property located at 1931 East Rosewood Avenue in connection with the State College Boulevard/SR-91 Freeway Project (R/W 5175-10). 123: Approve the State-Local Transportation Partnership Program Agreement No. SLTPP-5055, Program Supplement No. 016 for the Phase I Katella Avenue Improvement project from Anaheim Boulevard/Haster Street to west of Harbor Boulevard. 123: Authorizing the Mayor and City Clerk to execute an Agreement with KFM Engineering, Inc., in an amount not to exceed $72,200 for design services for the Harbor Boulevard and Manchester Avenue landscape and street improvement project. 160: Accept the Iow bid of Alstom USA, Inc., in the amount of $159,700 for four 72.5KV oilless power cimuit breakers in accordance with Bid #6012. 160: Waive Council Policy 306 and authorize the Pumhasing Agent to issue a purchase order to Anaheim Memorial Hospital, in an amount not to exceed $60,000 for pharmaceuticals and medical supplies for the period of May 2000 through June 2001, and authorize the Purchasing Agent to issue purchase orders for future fiscal years. 160: Waive Council Policy 306 and authorize the Purchasing Agent to issue a purchase order to Homac Company, cio Matzinger-Keegan, Inc., in an amount not to exceed $578,896.01 for electrical connectors and parts, as required for the period of May 1,2000, through June 30, 2002, with two one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options for warehouse stock. Al0. 106: Approve the schedule for review and adoption of the proposed 2000/2001 budget and set public hearings regarding said matter for June 6 and 13, 2000, at 2:00 p.m. All. 126: Increase the Fire Department expenditure appropriations by $600,000 and increase the transfer from the General Fund to the Resort Maintenance District fund by $200,000. A12. 128: (1) Confirm the recordation of the Bankruptcy proceeds and authorize the Finance Director to adjust outstanding receivable balances and reservation of fund balances; (2) Amend the FY 1999/2000 annual budget by approving a transfer in the amount of $1,885,017 from the General Fund to the Stadium Fund as reimbursement for the purchase of the County Maintenance Yard (a.k.a. The Boneyard); and (3) Amend the FY 1999/2000 annual budget by approving a transfer in the amount of $12,580,505 from the General Fund to the General City Capital Outlay Fund for purposes and uses to be determined by the City Council in subsequent actions. Submitted was report dated April 18, 2000, including Attachment A, from the City Manager - Subject: Bankruptcy Proceeds -- recommending approval of the subject items (1), (2) and (3) above. Council Member Feldhaus posed a line of questions for purposes of clarification relative to the recommendations by staff, which were answered by both the City Manager and the Finance Director, Bill Sweeney. Mr. Sweeney explained that the distribution of funds goes back to the funds they were originatly taken from. He also confirmed that the $12.6 million transfer to the General Fund will go to the General City Capital Outlay Fund for purposes and uses to be determined by the Council in subsequent actions. When the City Manager submits his recommended budget for 2000/2001, it will contain a number of recommendations, which the Council wilt have an opportunity to consider at that time. After additional Council questions, Mayor Daly noted as the staff report mentioned, it is the City Attorney's opinion it is the Council's prerogative to reallocate the litigation proceeds in accordance with Attachment A ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES APRIL 2000 to the report (see, Orange County Bankruptcy - Final Litigation Proceeds Distribution). However, the Council also has the prerogative to place all the money back into the General Fund or into other areas as well. He asked if that was correct. City Attorney White. He answered, in the absence of any of the money being in restricted funds, that is correct. The Council can allocate the funds however it wishes. During ensuing discussion, Mr. Sweeney explained the Council would have the option at a future date, if they wanted to go into, for example, the Reprographic fund, and reallocate those funds. The only funds that the City Council would not have full discretion in terms of the use of the funds would be those that are allocated to the enterprise funds like Utilities. However, on any given Tuesday, the Council could change its mind in terms of the allocation; City Manager Ruth. What is important to remember is that when the bankruptcy hit, they did draw down from all those accounts. A13. 123: Approve and authorize the Chief of Police to sign and execute an agreement and any and all amendments and future agreements with the California Department of Corrections for Parole L.E.A.D.S. (Law Enforcement Automated Data System) access, provided there are no substantive changes in the provisions of the agreements. A14. 123: Approve the Electrical Utility Agreement between the City of Anaheim and Hi-Tech Electrical, LLC which authorizes Hi-tech to provide various electrical services on a non-exclusive basis to persons at the Convention Center who require such services in connection with events. The electrical contractor will pay the City of Anaheim a commission fee based on their gross billings for services performed at the Anaheim Convention Center. A15. 175: ORDINANCE NO. 5727 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Chapter 10.24 to Title 10 of the Anaheim Municipal Code pertaining to water cross connections and a cross-connection control program and repealing existing Chapter 10.24 of Title 10 of the Anaheim Municipal Code. (Introduced at the meeting of April 11, 2000, Item A17.) A16. 158: RESOLUTION NO. 2000R-65 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying certain real properties or interests therein to the City. (City Deeds 10277 and 10287.) A17. 114: Approve minutes of the Anaheim City Council meeting held March 28, 2000. Roll Call Vote on Resolution Nos. 2000R-64 and 2000R-65 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 2000R-64 and 2000R-65 duly passed and adopted. Roll Call Vote on Ordinance No. 5727 for adoption: AYES: MAYOPJCOUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5727 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. 6 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 18, 2000 A18. 150: COMMUNITY IMPROVEMENT FUND: Approve the creation of a Community Improvement Fund and direct the City Manager to provide to Council annually (beginning FY2001/02) with: (a) an accounting of the resort revenues/expenditures; (b) a recommended distribution of General Funds to be transferred to this new fund; and, (c) a recommended listing of projects to be funded through this new fund. Submitted was report dated April 18, 2000 from the City Manager recommending 1) approval of the creation of a Community Improvement Fund and 2) directing the City Manager to provide to the Council annually (beginning in FY 2001/02 with: a., b., and c. as indicated above. Mayor Daly. A few weeks ago the Council asked the City Manager to bring back a recommendation whereby a separate fund or a new fund would be created for the allocation of the new revenues for what could be considered profits from the Resort Area. Subsequently the availability of new revenues as well as a recommended list of projects would be submitted by the City Manager to be funded by the new revenues. Council Member Tait. He asked that this issue be put on the agenda as a follow up or second step. The Council invested millions in the Anaheim Resort Area and the Convention Center to create an economic engine that would kick off profits in hotel tax and sales tax for the purpose of investing in the City's neighborhoods. The proposed action makes the City accountable and is a second step in the process. He would, however, like to change the recommendation slightly. On item 1), "Approve the creation of a Community Improvement Fund" - he would like the wording changed to "Neighborhood Improvement Fund". Second, under 2) a., add, "a profit from the Resort be calculated"; b., strike the wording and say instead, "that the profit from the Resort be transferred to the Neighborhood Fund". Rather than having it vary every year, he would like to make it automatic. On c., the wording to be left as is. City Attorney White. One of the reasons the recommendation was set up the way it is was in consultation with his office. It relates to a provision of the State Constitution which provides that the City cannot in any given year commit money that is going to be received in a future year, i.e., committing future year income. The exception to that would be if the City created a special fund and legally pledged money going into that special fund for a future purpose. They cannot legally do that because to do so would make that revenue a special tax which would require a vote of the people before it could legally be pledged for that purpose. In trying to make the original recommendation work with the State Constitution, it was suggested to require an annual appropriation of money. Council Member Tait. He does not mind that but would like the entire profit to be appropriated as with the Stadium Fund and Convention Center Fund, the intent being that the money does not fall into the "black hole" of City government. City Attorney White. He (Tait) is suggesting a policy that the entire amount would be annually appropriated into that fund which he believes voids the Constitutional problem. Any future Council always has the right to amend or rescind the policy. MOTION. Council Member Tait moved to approve the subject recommendation with the changes he articulated. Mayor Daly seconded the motion. Before further action was taken, City Manager Ruth stated the way Council Member Tait is presenting this, taking 100% of the profits, the Council has no discretion for using those funds for any other purpose in the City other than the neighborhoods if that is what they want to do. However, he suggested there might be other issues they wish to address. Council Member Tait. He appreciates that and those can be voted on by the Council each year. If next year's Council votes differently, they can do that; City Manager Ruth. He believes that is the way the recommendation is presently worded where the Council is given that discretion and latitude. ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES, APRIL 2000 Bill Sweeney. He noted that technically there is already a Neighborhood Improvement Fund which is the $500,000 a year set aside from the General Fund. He asked if they would like that name changed. Council Member Tait. He will amend his motion and stay with the name recommended, Community Improvement Fund. Mayor Daly agreed in his second. Mayor Daly. The changes appear to be quite minimal, the one change being that a summary of the profits are to be provided each year. He believes that was assumed in the City Manager's recommendation but now it is spelled out, Council Member Tait stated that the other change was that the profits from the Resort be transferred to the Community Fund as a policy with item c. remaining the same. That is where the City Manager does have discretion to recommend a list of projects to be funded. Mayor Daly. His feeling is this is a sound concept and future City Councils on a year-to-year basis can look at a variety of projects and programs given the needs in any given year. Some of the projects may be in the Resort; there may be a need to reinvest some of the Resort profits back into the Resort from time to time. Whether the words community or neighborhood are used, what will really matter is the discussion of the actual projects in coming years. A vote was then taken on the foregoing motion by Council Member Tait seconded by Mayor Daly as amended (approve creation of a Community Improvement Fund, add to a., a profit from the Resort be calculated, change b. to, "That the profit from the Resort be transferred to the Community Improvement Fund", c. to remain the same). MOTION CARRIED, Council Member Feldhaus asked that after the suggested changes are made that they be documented and copies made for the Council; Mr. Sweeney. They can do that and probably also put it into a Council Policy. Mayor Daiy. He noted the recommendation stated the first annual accounting will occur in the next fiscal year. He asked when; Mr. Sweeney answered probably at the very end of the next Fiscal Year. A19. 142: CHARTER SECTION 503.5-TERM LIMITS: Discussion requested by Council Member Kring regarding the recommendation of the Charter Review Committee for a ballot measure to repeal the existing term limits for Mayor and City Council set forth in Charter Section 503.5 or, in the alternative, to amend said section to provide separate eight-year term limits for the office of the Mayor and the office of City Council Member. At the beginning of the meeting under Public Comments, the following people spoke relative to the subject issue and expressed their opposition to the recommendation of the Charter Review Committee for a ballot measure to repeal the existing terms limits for the Mayor and City Council Members, the main concern/reason being that the will of the electorate in 1992 should be retained. (The ballot measure at that time proposed term limits and the vote was 82% in favor.) James Gamboa, 1636 S. Songish, Anaheim; Jim Dougherty, 5240 Nantucket, Anaheim; John Rodenbauer, 604 N. Ciementine, Anaheim; Ray Torres, 5987 E. Avenida LaVida, Anaheim; Stan Sewell, 1157 Borgia Lane, Anaheim; Anaheim; Mike Neben, President and CEO, Anaheim Chamber of Commerce. (Mr. Neben read a letter previously sent to the Charter Review Committee reporting, after a survey taken of their membership, the Chamber Board voted to retain term limits). Mayor Daly. Council Member Kring asked for the subject discussion. Council Member Kring. There were two previous workshops on proposed amendments to the City Charter with few people attending. She wanted to bring the term limit issue to a night time meeting where 8 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 18, 2000 people could participate in the discussion which they did earlier in the meeting. The Council has until July 11, 2000 to decide which, if any, amendments will be placed on the ballot and Term Limits was one of the issues people were concerned about. In 1992 when the issue of Term Limits was on the General Municipal Election Ballot, 82% voted in favor of such limits. She would like to open the issue up for discussion. Council Member Tail. He agrees with Council Member Kring and the speakers that term limits be retained especially in light of the 82% vote of support by the citizens in 1992. He would like to keep Term Limits in the Charter and to ask the citizens again would be a waste of time. Council Member McCracken. She first clarified that in order to change the Charter in any way, even words or a line, it would have to be by a vote of the people. The Council cannot make changes or reverse or add anything without another vote of the people. The particular section of the Charter dealing with Term Limits contains a lot of exceptions/inequities and in order to clean it up, it would have to go back to the ballot. Council Member Tail was appointed in February of 1995 and then elected in November of 1996 and if re- elected serves another four years or a total of over 10 years; Mayor Daly was elected in 1992 and was exempted from term limits as would anyone else have been at the time. Both of these examples show that there are inequities in that section of the Charter. It needs some clarification and needs to go back for a vote of the people. Council Member Kring. She disagrees. It is clear and does not need to be cleaned up. (She read/paraphrased a portion of the section in question.) The Charter Review Committee (CRC) recommended either completely overturning term limits or in the alternative, allow 16 years under the formula they proposed. She concluded, each of the present Council Members knew what the term-limit language was when elected and if it goes back to the ballot, it should not apply to anyone presently on the Council. Discussion and debate followed relative to the issue of inequities between Council Members Kring, Tait and McOracken, at the conclusion of which Council Member Kring moved the following: MOTION. Council Member Kring moved to reject both recommendations of the Charter Review Committee regarding Terms Limits and that the current Charter language be retained. Council Member Tail seconded the motion. Before a vote was taken, Council Member McCracken stated she could not vote to keep that section of the Charter as it is currently because it needs to be corrected and amended. She is not prepared tonight to say how that should be done but cannot support the proposed motion. Council Member Feldhaus. At present the way the Charter is currently worded, it creates what he feels is an unfair situation, for example, Council Members Tail and McOracken have to run for re-election and get re-elected to the Council this year. Two years from now when the Mayor's seat becomes vacant, if they wish to run for that seat, they have to resign from the Council. The only thing the Council needs to do is to make their feelings known and then put it on the ballot to correct the unfairness. He also feels there are other inequities, i.e., anyone who comes into the City and establishes a 30-day residency can run for the office of Mayor or Council. Further, relative to term limits, in 1992, the mood of the electorate was one of "throw the rascals out" which he does not believe is the sentiment prevalent today. He also asked the Chairman of the CRC if he or any Committee Members were lobbied to put this issue on the agenda and to vote for getting rid of terms limits; the Chairman said, no. Affer much discussion and three Public Hearings held by the CRC, it was a unanimous vote of the Committee. When they started getting feedback, the Committee revisited the issue and felt there was perhaps enough resistance where term limits could not be eliminated entirely and so put forward the option that would allow a Council Member to run for eight years and then for Mayor for eight years for a total of 16 years. He is ambivalent because he would rather have a Council Member able to run for Mayor rather than someone from outside of the City who had merely established the 30-day residency requirement. 9 ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES, APRIL 187 2000 Mayor Daly. There are quite a few Charter Amendment recommendations which the Charter Review Committee brought forward, many far more crucial to the City, such as dealing with the problem of the Independent Prosecutor language that was exploited by two Council Members a couple of years ago which has cost the taxpayers $400,000. It is necessary to keep in mind that they have the opportunity in November to either place no amendments to the Charter on the ballot, or a handful, maybe 10 or 12. He believes the subject can best be discussed in totality by having the entire Charter on the table with all the proposed amendments before them. He is going to suggest the discussion be continued until the second meeting in June which will give them adequate time to direct the City Attorney if the Council wants to place items on the ballot that they do so at that time. Council Member Kring noted that the Council has another workshop scheduled on May 2, 2000; Mayor Daly stated he feels it would be appropriate to have that workshop to go over the technical details. What he is suggesting is an item on the evening Council agenda when the Council would vote to place items on the ballot or not. He offered a substitute motion. MOTION. Mayor Daly moved that this item be continued to the second meeting in June (June 13, 2000) for further discussion as well as all of the recommendations from the Charter Review Committee, most of which were adopted unanimously by the Committee. Council Member McCracken seconded the motion. Before a vote was taken, Mayor Daly noted that Budget Hearings are scheduled for June and the meetings start at 2:00 P.M. The proposed amendments could be continued again if the Council so chooses. He would like more time to look at the entire charter and all of the recommendations. They owe it to the community to deliberate thoroughly on their recommendations. They will also have the scheduled workshop on May 2, 2000. A vote was then taken on the foregoing motion to continue all proposed Charter Amendments to the Council Meeting of June 13, 2000. Council Members Kring and Tait voted no. MOTION CARRIED. City Attorney White then clarified for Council Member Kring that the motion to continue takes precedence over the main motion which she had offered according to both Roberts Rules of Order and City Council adopted rules. Items B1 through B10 From PlannJn~l Commission MeetinR of March 27, 2000: (No action necessary unless Council desires to set a particular item for public hearing) APPEAL PERIOD ENDS APRIL 18, 2000: B1. B2. 179: VARIANCE NO. 4391 CATEGORICALLY EXEMPT*CLASS 11: OWNER: Dali Travel, Inc., c/o Best Western Anaheim Stardust Inn, Attn: Mike Tono, 1057 West Ball Road, Anaheim, CA 92802 AGENT: TFN Architectural Signage Inc., Attn: Vince Vigil, 3411 West Lake Center Drive, Santa Ana, CA 92704 LOCATION: 1057 West Ball Road. Property is 1.86 acres located on the north side of Ball Road, 182 feet west of the centedine of West Street and 190 feet north of the centerline of Ball Road (Best Western Anaheim Stardust Inn). Waiver of sign standard matrices, to permit two (2) Anaheim Resort freestanding monument signs (one per street frontage). ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4391 GRANTED (PC2000-33) (6 yes votes, Chairperson Boydstun absent). 179: VARIANCE NO. 4392 CATEGORICALLY EXEMPT-CLASS 11: OWNER: Ben & Mary Lou Hathaway, P.O. Box 634, Tillamook, Oregon 97141 10 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 18, 2000 AGENT: Tom De Sena, c/o Tiffy's Family Restaurant, 1060 West Katella Avenue, Anaheim, CA 92802 LOCATION: 1060 West Katella Avenue. Property is 0.40 acres located at the southeast corner of Katella Avenue and West Street (1060 West Katella Avenue, Tiffy's Family Restaurant and Ice Cream Parlor). Waiver of permitted signs and sign standard matrices, to permit two (2) wall signs. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4392 GRANTED (PC2000-34) (6 yes votes, Chairperson Boydstun absent). B3. 179: CONDITIONAL USE PERMIT NO. 4182 AND NEGATIVE DECLARATION: OWNER: James F. and Marie L. Lavezzoli, 3523 16~n Street, San Francisco, CA 94114 AGENT: William O. Talley, 30442 Via Cantabria, San Juan Capistrano, CA 92675 LOCATION: 1215 North Fee Ana Street. Property is 1.41 acres located on the west side of Fee Ana Street, 199 feet north of the centerline of La Palina Avenue (Texan Truck Body). To permit and retain truck conversion facility and a truck storage yard. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4182 GRANTED for two years to expire March 27, 2000 (PC2000-35) (6 yes votes, Chairperson Boydstun absent). Approved Negative Declaration. B4. 179: CONDITIONAL USE PERMIT NO. 4002 AND NEGATIVE DECLARATION: OWNER: Rollins Properties, Inc., 1 Rollins Plaza, Wilmington, Delaware 19803 AGENT: Philip L. Anthony, 14101 La Pat Place #10, Westminster, CA 92683 LOCATION: 1801 East Ball Road. Property is 1.52 acres located on the north side of Ball Road, 490 feet west of the centerline of State College Boulevard (Hertz Equipment Rental). To consider reinstatement of this permit, which expired on February 18, 2000, to retain a previously approved large equipment storage and rental yard. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement of CUP NO. 4002 for two years to expire February 18, 2002 (PC2000-36) (6 yes votes, Chairperson Boydstun absent). Negative Declaration previously approved. BS. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 4180 AND NEGATIVE DECLARATION: OWNER: Euclid Shopping Center, L.L.C., 8294 Mira Mesa Boulevard, San Diego, CA 92126 AGENT: Robert Eng, 12372 Brookhurst Street, Garden Grove, CA 92840 K.K. Chang, 14802 Beach Boulevard, La Mirada, CA 90638 LOCATION: 1626 West Katella Avenue. Property is 18.6 acres located at the southeast corner of Katella Avenue and Euclid Street (Burger King). To construct a fast food drive-through restaurant with waiver of (a) minimum distance between freestanding signs and (b) minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4180 GRANTED IN PART, denying waiver (a) and approving waiver (b) (PC2000-37) (5 yes votes, Commissioner Koos abstained, and Commissioner Boydstun absent). Waiver of code requirement APPROVED, IN PART. Approved Negative Declaration. Mayor Daly posed questions to staff for purposes of clarification answered by Greg Hastings, Zoning Division Manager who, in finality, reported that staff was satisfied with the Planning Commission action. He also confirmed that all signage will be to code. 11 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 18, 2000 B6. 179: CONDITIONAL USE PERMIT NO. 4185~ CATEGORICALLY EXEMPT-CLASS 32: OWNER: Ahmad Douraghi, 7513 Pivet Street, Downey, CA 90241 LOCATION: 2516-2536 West Lincoln Avenue. Property is 1.1 acres located at the southwest corner of Lincoln Avenue and Gain Street. To establish conformity with existing Zoning Code land use requirements for an existing commercial retait center and to permit the establishment of a convenience market. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4185 GRANTED (PC2000-38) (6 yes votes, Chairperson Boydstun absent). B7. 179: VARIANCE NO. NO. 4390 AND NEGATIVE DECLARATION: OWNER: Chibueze J. Dallah, 17380 Briardale Lane, Yorba Linda, CA 92886 LOCATION: 1429 East Lincoln Avenue. Property is 0.46 acres located on the north side of Lincoln Avenue, 160 feet east of the centerline of La Plaza. Waiver of (a) minimum side yard setback, (b) minimum front yard setback and (c) required orientation of residence adjacent to arterial highway, to construct a single-family residence. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4390 GRANTED IN PART (PC2000-39) (6 yes votes, Chairperson Boydstun absent). Approved Negative Declaration. Greg Hastings, Zoning Division Manager briefed the proposal as requested by the Mayor and also answered questions relative to the proposed waivers, how the property would be accessed, etc. He further reported that there was no opposition at the Planning Commission hearing and none was received in writing. Mayor Daly requested a review of the Planning Commission's action concurred in by Council Member McCracken; therefore, a Public Hearing before the Council will be scheduled at a later date. B8. REPORT AND RECOMMENDATION ITEMS: 179: CONDITIONAL USE PERMIT NO. 3877 AND NEGATIVE DECLARATION - REQUEST FOR DETERMINATION OF SUBSTANTIAL CONFORMANCE: Alex Perez, 470 South Anaheim Hills Road, Anaheim, CA 92807, requests determination of substantial conformance with previously approved plans to add a dance floor to an existing restaurant. Property is located at 470 South Anaheim Hills Road (Bella Cucina Italian Restaurant). ACTION TAKEN BY THE PLANNING COMMISSION: Determined to be in substantial conformance (6 yes votes, Chairperson Boydstun absent). Negative Declaration previously approved. 179: VARIANCE NO. 1229 AND CONDITIONAL USE PERMIT NO. 1043 - CATEGORICALLY EXEMPT-CLASS 21 REQUEST TO INITIATE AMENDMENT TO CONDITIONS OF APPROVAL: City-Initiated (Planning Department), 200 South Anaheim Boulevard, Anaheim, CA 92805, request to consider modification to conditions of approval including the length of stay limitation for: Variance No. 1229 - To construct and operate a 70-unit motel and coffee shop. Property is located at 823 South Beach Boulevard (Covered Wagon Motel). Conditional Use Permit No. 1043 - To permit a 129-unit, 3-story motel with waiver of maximum structural height. Property is located at 2748 West Lincoln Avenue (Lincoln Inn). ACTION TAKEN BY THE PLANNING COMMISSION: Initiated a Planning Commission public hearing to determine compliance with conditions of approval and to consider amendment to the conditions of approval (6 yes votes, chairperson Boydstun absent). 12 ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES APRIL 2000 B10. 179: CONDITIONAL USE PERMIT NO. 4069 AND NEGATIVE DECLARATION - REQUEST FOR REVIEW AND APPROVAL OF FINAL SIGN PLANS - Joyce Sehi, Quality Project Coordinating, P.O. Box 2653, Costa Mesa, CA 92628-2653, requests review and approval of final sign plans for Conditional Use Permit No. 4069 (to construct a service station with a 1,925 square feet convenience market with retail sales of beer and wine of off-premises consumption and a 920 square foot drive-through self service car wash with waiver of maximum structural height abutting a residential zone). Property is 801 South Harbor Boulevard and 510 West South Street. ACTION TAKEN BY THE PLANNING COMMISSION: Approved final sign plans for CUP NO. 4069 (6 yes votes, Chairperson Boydstun absent). Negative Declaration previously approved. END OF THE PLANNING COMMISSION ITEMS FROM 3/27/00. Items Bll throu~lh B12 From Planninf~ Commission Meetin~l of April 10~ 2000: (No action necessary un~ess Council desires to set a particular item for public hearing) APPEAL PERIOD ENDS APRIL 20, 2000: Bll. 179: FINAL SITE PLAN NO. 00-07 - REQUEST REVIEW AND APPROVAL OF FINAL SITE PLANS: The Walt Disney Company, Attn: Doug M. Moreland, 500 south Buena Vista Street, Burbank, CA 91521, request review and approval of a Final Site Plan for a portion of The Disneyland Resort Specific Plan No. 92-01 Hotel district and Theme park District setback areas adjacent to West Street/Disneyland Drive. ACTION TAKEN BY THE PLANNING COMMISSION: Approved Final Site Plan 00-07. B12. 179: FINAL SITE PLAN REVIEW NO. 00-01 AND MITIGATED NEGATIVE DECLARATION - REQUEST REVIEW AND APPROVAL OF FINAL SITE PLANS: B.U. Patel, c/o Tarsadia Hotels, 650 Town Center Drive, Suite 1720, Costa Mesa CA 92626, and Mike Gallen, 2525 Cherry Avenue #310, Signal Hill, CA 90806, request review and approval of a Final Site Plan to construct a 4-story, 124-room extended stay hotel (Extended Stay America). Properties are located at 1742 Freedman Way, and 1733 and 1743 South Zeyn Street. ACTION TAKEN BY THE PLANNING COMMISSION: Approved Final Site Plan Review No. 00-01. END OF THE PLANNING COMMISSION ITEMS FROM 4/10/00 Items B13 through B15 From Zonin~l Administrator Meeting of April 6, 2000 - Decision Date April 13, 2000: (No action necessary unless Council desires to set a particular item for public hearing) APPEAL PERIOD ENDS APRIL 28, 2000: B13. 179: ADMINISTRATIVE ADJUSTMENT NO. 2000-0191 CATEGORICALLY EXEMPT - CLASS 3: OWNER: Walt Disney World Company, 1375 Buena Vista Drive, Lake Buena Vista, Florida 32830 AGENT: Walt Disney Imagineering, Douglas Moreland, 1401 Flower Street, P.O. Box 25020, Glendale, CA 91221-5020. LOCATION: The Disneytand Resort SP-4 Parking Lot is an approximate 40.36 acre surface parking lot bounded on the north by The Disneyland Resort parking structure currently under construction, on the east by West Street/Disneyland Drive, on the south by Cerritos Avenue (future Magic Way) and on the west by Walnut Street. The proposed gate arms would be located 13 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 18, 2000 at two of the SP-4 Parking Lot driveways which gain access from future Magic Way (one gate arm at each driveway). Waiver of maximum permitted height requirements to construct two 48-inch high parking lot gate arms in The Disneyland Resort SP-4 Parking Lot setback area adjacent to the north side of Cerritos Avenue (future Magic Way) between Walnut Street and West Street (the Code permits a maximum height of 36 inches for gate arms in the setback area). ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 2000-0191 APPROVED (ZA DECISION NO. 2000-15). B14. 170: TENTATIVE PARCEL MAP NO. 2000-118~ CATEGORICALLY EXEMPT - CLASS 15: OWNER: Pacific Homes L.L.C., Richer Masse, 2760 Spring Street, Long Beach, CA 90806 LOCATION: 1312 West La Palma Avenue: Property is 0.56 acres having a frontage of 133 feet on the south side of La Palma Avenue and a maximum depth of 184 feet, located 131 feet west of the centerline of Hermosa Drive. To establish a 3-lot single family residential subdivision in the RS-7200 (Residential, Single Family) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: NOTE: TPM 2000-18 has a 10-day appeal period which expires April 24, 2000. Approved Tentative Parcel Map No. 2000-118 (ZA DECISION NO. 2000-16). Mayor Daly posed a line of questions for purposes of clarification relating to access to the properties, rationale in allowing one driveway off LaPalma serving the three proposed homes, waivers requested, etc., which were answered by the Zoning Administrator, Annika Santalahti. She further clarified that Planning is comfortable with the request. In fact, it is required that on the Parcel Map, and before any construction could take place, that they record on the face of the map the conditions of the variance to insure when the building permits come in that staff, the owner, and future owners are aware of the constraints on the property. B15. 179: VARIANCE NO. 4385 CATEGORICALLY EXEMPT - CLASS 2: OWNER: CS INTEGRATED, 701 Martinsville Road, P.O. Box 840, Liberty Corner, New Jersey 07938 AGENT: The Stellar Group, Bruce La Porte, 7828 South Maple Avenue, Fresno, Ca 93725 LOCATION: 1415 North Raymond Avenue: Property is 10 acres having a frontage of 14 feet on the west side of Raymond Avenue having a maximum depth of 1,244 feet, located 230 feet south of the centerline of Orangefair Lane. Waiver of minimum landscape setback adjacent to a freeway right-of-way (10 feet required; 0-10 feet proposed) to construct a 114,657 square foot industrial building adjacent to an existing 88,530 square foot industrial building in the ML (Limited Industrial) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Approved Variance No. 4385 (ZA DECISION NO. 2000-17). END OF THE ZONING ADMINISTRATOR ITEMS. B16. 179: REQUEST FOR REHEARING: 14 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 18, 2000 Waiver of Code Requirement Conditional Uae Permit No. 4167 Categorically Exempt - Class 3: OWNER: Coast Advertising Inc., Attn: James Abbott, P.O. Box 5502, Fullerton, CA 92838 LOCATION: 2590 East Cerritos Avenue. Property is 0.64 acres located on the south side of Cerritos Avenue, 280 feet east of the centeriine of Sinclair Street. To construct a new billboard with waiver of (a) prohibited location of freeway-oriented billboards, (b) maximum sign height and (c) prohibited signs. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4167 GRANTED, for 10 years, to expire 12/31/2009 (PC99-227) (4 yes votes: Bostwick, Boydstun, Napoles and Vanderbilt; 2 no votes: Commissioners Bristol and Koos; and Commissioner Arnold absent). Approved waiver of code requirement. Informational item at the meeting of January 11, 2000, Item B4. Review of the Ptanning Commission's decision requested by Mayor Daly and Council Member McCracken. Public hearings continued from the meetings of February 1,2000, Item D4 and March 7, 2000, Item C2. At the public hearing March 21, 2000, Item Cl, the Anaheim City Council denied Conditional Use Permit No. 4167 (Resolution No. 2000R-54). Request for rehearing submitted by the owner, Coast Advertising, Inc. See minutes of March 21,2000 where the Council unanimously denied Conditional Use Permit No. 4167. Marilyn J. Ryan, President of Coast Advertising, Inc., (CAI), 526 N. Harcourt, Anaheim. She is speaking relative to the request for rehearing on CUP4167. She referred to and then read letter dated April 10, 2000 (previously made a part of the record) sent to the Mayor and Council Members and which was just submitted again. The letter reiterated what Coast Advertising considers justification for either approving CUP 4167 or allowing them to re-enter their billboard at 1107 N. Brookhurst Street. Mayor Daly. He noted that they heard from Ms, Ryan earlier who read the letter which was previously submitted to the Council. MOTION. Council Member McCracken moved to deny the request for rehearing on CUP 4167. Mayor Daly seconded the motion. MOTION CARRIED. C1. 176: PUBLIC HEARING - ABANDONMENT NO. 98-4A: In accordance with application filed by Crown Realty and Development, 20101 W. W. Birch Street, Suite 260, Newport Beach, CA 92660, a Public Hearing was held on the proposed abandonment of a certain easements for public utility purposes extending easterly from State College Boulevard, said easement extending parallel to and northerly of Katella Avenue. Resolution No. 2000R-43 duly published in the North Orange County News and notices therefore posted in accordance with law. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News: March 30, 2000 Publication in North County News: April 6, 2000 Mailing to proper'b/owners within 300 feet: March 31,2000 Posting of property: March 31,2000 Natalie Meeks, Civil Engineer, Public Works Department. She then explained the reason for the request for abandonment noting that the public utility easement is no longer required. Mayor Daly opened the Public Hearing and asked to hear from anyone who wished to speak; there being no response, he closed the Public Hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Mayor Daly , seconded by Council Member McCracken, the City Council determined that the proposed activity fall 15 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 18, 2000 within the definition of Section 3.01 Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, Categorically Exempt for the requirement to file an EIR. MOTION CARRIED. Mayor Daly offered Resolution No. 2000R-66 for adoption. Refer to Resolution Book. RESOLUTION NO. 2000R-66: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE EXTENDING EASTERLY FROM STATE COLLEGE BOULEVARD, SAID EASEMENT EXTENDING PARALLEL TO AND NORTHERLY OF KATELLA AVENUE (ABANDONMENT NO. 98-4A). Roll Call Vote on Resolution No. 2000R-66 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 2000R-66 duly passed and adopted. C2. 179: CONTINUED PUBLIC HEARING~ CONDITIONAL USE PERMIT NO. 4177 WAIVER OF CODE REQUIREMENT AND NEGATIVE DECLARATION: OWNER: Property Reserve, Inc., 35 Century Parkway, Salt Lake City, UT 84115 AGENT: Dennis Flynn Architects, Inc., 5109 East La Palma Avenue, Anaheim, CA 92807 LOCATION: 1303-1371 North Euclid Street. Property is 6.42 acres located at the northwest corner of Medical Center Drive and Euclid Street. To establish conformity with existing Zoning Code land use requirements for an existing commercial retail center and to permit an automotive dealership with accessory auto repair services and a 60-foot high freeway-oriented sign with waiver of (a) minimum number of required trees (deleted), (b) required parking lot landscaping (deleted), (c) minimum distance between freestanding signs, (d) minimum lot size for an auto dealership to permit a freeway-oriented sign (denied), (e) minimum number of parking spaces, and (f) permitted encroachments into required yards (deleted). ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4177 GRANTED, IN PART, denied waivers (a), (b), and (f) (7 yes votes); denied waiver (d) (4 yes votes; Commissioners Bostwick, Boydstun and Bristol voted no); approved waivers (c) and (e) (7 yes votes) (PC2000-17); waiver of code requirement approved in part (denied the proposed freeway-oriented sign). Approved Negative Declaration. Informational item at the meeting of March 7, 2000, Item B2. Letter of appeal submitted by North County Toyota. Public hearing continued from the meetings of March 28, 2000, Item Cl and April 11, 2000, Item C1. 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I"INIIN 'llONnO:3 ALI:::) - VlN OJI-IVO 'INI=IHVNV ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES APRIL 187 2000 Dennis Ftynn. In lieu of the pole sign, that would help. If there was an advantage to the credit union or the medical center currently on the site, or maybe even Emerald Court, if there was a North County Plaza sign with not only Toyota, but also those other businesses who may suffer from the lack of visibility, they would like to have discussion or consideration on that as well. The businesses are separately owned and operated, but all are on one parcel. Combined, the parcels together would be over 10 acres. Mayor Daly closed the Public Hearing. Mayor Daly then asked staff if they were familiar with the notion of scaling back the sound wall; Mr. Hastings answered he was not but he does know the sound wall was to protect the residents. He does not know if the wall extends beyond the point of that protection. As part of the project to the west, there was a wall built with that project. He does not know if it was built as part of the project approval or by Caltrans, Mayor Daly. He told the owner he would check, but until he hears all the facts, he feels the issue is for determination at a future date; Mr. Hastings stated that most likely, there would have to be a noise study to see if the wall had any impact. Mayor Daly asked if there were any changes to the Best Buy building (the vacated building on the property) that would accomplish any sound attenuation; Mr. Hastings. He is not aware that the building would do that. The wall that would be constructed between this project and the senior complex which is currently 6' would undoubtedly have some affect in reducing sound to that facility. Mayor Daly. He is going to offer the project for approval according to the Staff Report of April 18, 2000 and the conditions contained therein and asked that Planning report back with an analysis and recommendation on the sound wall question. He suggested they consult with Mr. Flynn or the property owner on what their goal is and if possible, what steps would have to be taken and what the implications would be (of reducing the sound wall). ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Mayor Daly, seconded by Council Member McCracken, 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. Mayor Daly offered Resolution No. 2000R-67 for adoption granting Conditional Use Permit 4177 subject to City Planning Commission conditions but with the changes/modifications to conditions as outlined in Supplemental Staff Report dated April 18, 2000. Refer to Resolution Book. RESOLUTION NO. 2000R-67: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 4177, Council Member Tait asked if the resolution was being offered without allowing the freeway sign; Mayor Daly answered that was correct - it includes everything recommended by the Planning Commission and by Planning staff which includes denying the pylon sign. Council Member Tait. Relative to the freeway sign he would initially agree, but looking at the site drawings, the dealership cannot be seen from the freeway. Relative to the sound wall, he does not know if it is practical to scale it back. In every other city, every dealership seems to be visible from the freeway. He asked the Mayor if he would consider amending his resolution by adding the freeway sign. Mayor Daly. He talked at length with Planning staff and also the owner. It is his own belief there is adequate visibility even though it may be less than ideal. Considering there are no other pylon signs along 18 ANAHEIM, CALIFORNIA - CiTY COUNCIL MINUTES, APRIL 18, 2000 that stretch of the 91, it is not consistent with his own approach in trying to preserve that corridor. The wall signs will be visible; it is a prominent corner. That is his rationale. Perhaps they could look at it again down the read if it appears to be a severe hardship and if the neighborhood changes, but now there is a major residential facility west of the property as discussed. He does not think freeway signs are in keeping with what he thinks is the look they are trying to achieve and preserve. Council Member Kring. She has a concern as well and believes that it is a hardship if the sign is not allowed considering the lack of visibility from the freeway. Dealerships contribute a lot of sales tax to the community, she wants them to be as successful as possible and she supports giving them a sign for the freeway. Council Member McCracken. The City's code only gives large auto dealerships (minimum 10-acre site) such freeway oriented signage. She feels they will be setting a precedent if they change those standards and that it will be an unfair advantage. To be consistent with what they are asking of others, they should be consistent in this regard as well. Mr. Greg Moss, owner of the North County Toyota site, approached the podium and stated there are seven Toyota dealerships within 10 miles of the proposed site and all have freeway signage with some having electronic signage. They did a business plan that they submitted to the City reporting that they will generate approximately $10 million in sales tax revenue over the next 10 years which included the freeway sign. There is going to be millions of dollars spent to promote this dealership and the location. If it can't be seen, the sales tax revenue will be diminished by approximately 15% to 20%. They estimate they will do one billion dollars in sales over the next 10 years with the freeway sign. He asked that they reconsider the sign. A roll call vote was then taken on the foregoing resolution approving the project as recommended by the Planning Commission and Planning staff (not including the pylon sign). Roll Call Vote on Resolution No. 2000R-67 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: Feldhaus, McCracken, Daly MAYOR/COUNCIL MEMBERS: Kring, Tait MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 2000R-67 duly passed and adopted. Council Member Tait clarified that he supports approval of the project but disagrees on the denial of the freeway sign; Council Member Kring clarified that was the reason for her no vote as well. C3. 155: PUBLIC HEARING - NORTHEAST AREA SPECIFIC PLAN NO. 94-1~ AMENDMENT NO. 01 AND NEGATIVE DECLARATION: OWNER: Medtronic, Inc., 3850 Victoria Street North, Shoreview, MN 55126 AGENT: Hogle-lreland, Inc., Attn: Kelly Carlyle, 4200 Latham Street, Suite B, Riverside, CA 92501 LOCATION: 4633 East La Palma Avenue. Property is 1.82 acres located at the northeast corner of La Palma Avenue and Hancock Street. Request an amendment to the Northeast Area Specific Plan (Anaheim Canyon Business Center) to reclassify the subject property from the SP94-1, Development Area No. 5 - Commercial Area to the SP94-1, Development Area No. 2 - Expanded Industrial Area. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended adoption to the City Council of the Northeast Area Specific Plan No. 94-1, Amendment No. 1 (PC2000-26) (7 yes votes). 19 ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES, APRIL '18 2000 Approved Negative Declaration. Informational item at the meeting of March 28, 2000, Item B4. Set for public hearing due to the Specific Plan. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News: April 6, 2000 Mailing to property owners within 300 feet: April 4, 2000 Posting of property: April 7, 2000 Greg Hastings, Zoning Division Manager, briefed the staff report to the Planning Commission dated March 13, 2000 which described the subject request. Mayor Daly opened the Public Hearing and asked to hear from those who wished to speak. Kelly Carlyle, Hogle-lreland, Inc., Agent for the Applicant. Global Health is a clean industry. They are proposing to locate their corporate headquarters and tablet manufacturing facility at the site. Initially, the facility will start with 600 employees and increase to 1,300 employees in three to five years. She then explained what will be occurring on the site. She also confirmed that although eventually there will be 1,300 employees at the facility, it is phased manufacturing and there will be different shifts. There being no further persons who wished to speak, Mayor Daly closed the Public Hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Mayor Daly, seconded by Council Member McCracken, 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. Mayor Daly offered Resolution No. 2000R-68 for adoption. Refer to Resolution Book. RESOLUTION NO. 2000R-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE ANAHEIM NORTHEAST AREA SPECIFIC PLAN NO. 94-1, AMENDMENT NO. 1. Roll Call Vote on Resolution No. 2000R-68 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 2000R-68 duly passed and adopted. Ma~rDalyoffered Ordinance No. 5728 ~rfirstreading. ORDINANCE NO. 5728: (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM NORTHEAST AREA SPECIFIC PLAN NO. 94-1, AMENDMENTNO. 1 C4. 155: PUBLIC HEARING o GENERAL PLAN AMENDMENT NO. 372 AND NEGATIVE DECLARATION: 20 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 18, 2000 INITIATED BY: City-initiated (Planning Department), 200 South Anaheim Boulevard, Anaheim, CA 92895 LOCATION: 910 South Euclid Street. Property is 0.79 acres located on the east side of Euclid Street, 548 feet north of the centerline of Ball Road. City-initiated amendment to the Land Use Element of the General Plan to redesignate this area from the Medium Density Residential designation to the General Commercial designation. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended Council approval of GPA 372 and adoption of Exhibit "A" (PC2000-29) (7 yes votes). Approved Negative Declaration. Informational item at the meeting of March 28, 2000, Item B8.. Set for public hearing due to the General Plan Amendment. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News: April 6, 2000 Mailing to property owners within 300 feet: April 4, 2000 Posting of property: April 7, 2000 Greg Hastings, Zoning Division Manager briefed the staff report to the Planning Commission dated March 13, 2000 noting that this General Plan Amendment is City initiated and is a Community Planning Program action item. Mayor Daly opened the Public Hearing and asked to hear from anyone who wished to speak; there being no response, he closed the Public Hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Mayor Daly, seconded by Council Member McCracken, 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. Mayor Daly offered Resolution No. 2000R-69 for adoption. Refer to Resolution Book. RESOLUTION NO. 2000R-69: A RESOLUTION OF THE CITY OF ANAHEIM OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 372, EXHIBIT "A". Roll Call Vote on Resolution No. 2000R-69 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 2000R-69 duly passed and adopted. 21 C5. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 2000 155: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 373~ GENERAL PLAN AMENDMENT NO. 374 AND NEGATIVE DECLARATION: INITIATED BY: City-initiated (Planning Department), 200 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION: Portion A - 527 South Knott Street. Property is 0.5 acres located at the northwest corner of Knott Street and Orange Avenue. LOCATION: Portion B - 500-508 South Knott Street. Property is 0.5 acres located north of the northeast corner of Knott Street and Orange Avenue. City-initiated amendment to the Land Use Element of the General Plan to redesignate certain properties from the Medium Density Residential designation to the General Commercial designation. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended to City Council approvat of GPA 373 and GPA 374 and adoption of Exhibit "A" for each amendment (PC2000-30 and PC2000-31 ) (7 yes votes). Approved Negative Declaration. Informational item at the meeting of March 28, 2000, Item B9. Set for public hearing due to the General Plan Amendment. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News: April 6, 2000 Mailing to property owners within 300 feet: April 4, 2000 Posting of property: April 7, 2000 Greg Hastings, Zoning Division Manager, briefed the staff report to the Planning Commission dated March 13, 2000 noting that these General Plan Amendments, No. 373 and No. 374 (Portion A and Portion B), are also as a result of the Community Planning Program. Staff is supportive of the action. Mayor Daly opened the Public Hearing and asked to hear from anyone who wished to speak; there being no response, he closed the Public Hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Mayor Daly, seconded by Council Member McCracken, 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. Mayor Daly offered Resolution Nos 2000R-70 and 2000R-71 for adoption. Refer to Resolution Book. RESOLUTION NO. 2000R-70: A RESOLUTION OF THE CITY OF ANAHEIM OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 373, EXHIBIT "A". RESOLUTION NO. 2000R-71: A RESOLUTION OF THE CITY OF ANAHEIM OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 374, EXHIBIT "A". 22 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 18, 2000 Roll Call Vote on Resolution Nos. 2000R-70 and 2000R-71 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 2000R-70 and 2000R-71 duly passed and adopted. E. COUNCIL COMMUNICATIONS: Mayor Daly: Speaking to the two members of WAND who were present in the Chamber audience, he thanked them and WAND for inviting him to speak at their meeting last week. There was a large turnout of members as well as Police, Parks and Redevelopment staff. He also reported that the package given him regarding the cleanup of Ball Road was forwarded to the City Manager and a response will be forthcoming. ADJOURNMENT: By general Council consent, the Council Meeting of April 18, 2000 was adjourned. (8:15 P.M.) The next scheduled Council Meeting is May 2, 2000. SHERYLL SCHROEDER CiTY CLERK 23