2000/04/11ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
APRIL 11, 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 Kdng, Tom Tait, Shirley McCracken
COUNCIL MEMBERS: None
CITY MANAGER: Jim Ruth
CITY ATTORNEY: Jack White
ASST. CITY CLERK: Ann Sauvageau
EXEC. DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
DEPUTY DIRECTOR OF COMMUNITY DEVELOPMENT: Brad Hobson
TRAFFIC/TRANSPORTATION MANAGER: John Lower
PUBLIC WORKS DIRECTOR: Gary Johnson
PLANNING DIRECTOR: Joel Fick
ZONING DIVISION MANAGER: Greg Hastings
A complete copy of the agenda for the meeting of the Anaheim City Council was posted on April 7, 2000 at
the City Hall Bulletin Board, (both inside and outside the entrance to City Hall) containing all items as
shown herein.
Mayor Pre Tem McCracken called the Workshop portion of the Council Meeting of April 11, 2000 to order
at 3:11 P.M. and welcomed all those in attendance. (Mayor Daly entered the meeting shortly thereafter).
City Manager James Ruth. This is the scheduled time for the Super Speed Train (Anaheim to Las Vegas)
requested by Floyd Farano, a Commissioner on the California Super Speed Train Commission, and
brought forward for approval by Public Works Director, Gary Johnson. John Lower, Traffic and
Transportation Manager, will introduce the subject and the speakers.
CALIFORNIA/NEVADA SUPER SPEED TRAIN (ANAHEIM-LAS VEGAS): John Lower, Traffic and
Transportation Manager. Today's workshop is for information only. He then gave the historical
background relative to the Super Speed Train dating back to the early 1980's when the project was
proposed, to date. He subsequently introduced Mr. Floyd Farano, Vice Chair of the Bi-State Commission
of the Super Speed Train.
Floyd Farano, 4056 Maple Drive, Anaheim. it has been 17 years of disappointments and successes that
have brought them to the point where now the California/Nevada Super Speed Train (California/Nevada
Maglev System) between Anaheim and Las Vegas will become a reality. Absent unforseen
circumstances, it will even happen during his lifetime. Former Anaheim Mayor and Council Member, Don
Roth was the individual most responsible for keeping the project alive through its most difficult days; but
for Mr. Roth, it would not be a reality. Mr. Farano then introduced the principals involved -- Mr. Neil
Cummings, Chairman, American Magline Group (AMG), the contracting agency with the California Super
Speed Train Commission whose organization is responsible to bring all the disciplines and technologies
together, and Jim Caviola, Parsons Transportation, heading up the current planning exercise for the
Federal Railroad Administration. Mr. Caviola will give a brief overview of what the Commission is, what it
is doing and why.
Mayor Daly and Council Member Feldhaus entered the Council Chamber (3:14).
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ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES
APRIL 2000
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - Existing Litigation:
Name of Case: Landwehr v. City of Anaheim, Riverside County Superior Court Case No.
ORO375.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - Existing Litigation:
Name of Case: City of Anaheim v. Atlantic Richfield Company, et al., Orange County Superior
Court Case No. 80-00-00.
CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION:
Initiation of litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code: two
potential cases.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
Property: 1419 and 1423 North State College Boulevard, Anaheim, California
Agency negotiators: David Cosgrove, Natalie Meeks
Negotiating parties: City of Anaheim and John E. Biard and Carol D. Biard, Trustees of the
Biard Family Trust.
Under negotiation: Price and terms of payment.
CONFERENCE 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.
Mayor Daly moved to recess into Closed Session. Council Member McCracken seconded the motion.
(3:59 p.m.)
AFTER RECESS:
Mayor Daly called the regular Council meeting of April 11,2000 to order at 5:37 p.m. and
welcomed those in attendance.
INVOCATION: Rev. David Koll from the Anaheim Christian Reformed Church gave the invocation.
FLAG SALUTE:
Council Member Tom Tait led the assembly in the Pledge of Allegiance to the Flag.
119: PROCLAMATION: The following Proclamation was authorized by the City Council.
National Te]ecommunicators Week -April 9-15, 2000
Diane Fellner, Police Dispatcher, first thanked the Council for recognizing the Communications Bureau of
the Anaheim Police Department. During this week, Police Dispatchers and 911 Operators throughout the
nation are being recognized. Theirs is a very difficult job but they are ready and willing to serve.
Accepting the Proclamation along with Diane were the following: Shelley McKerren, Communications
Manager; Yolanda Gonzales, Darlene Spalding and Debe Wuest, Communications Supervisors; Marteen
Blanchard and LeeAnn Cameron, Senior Police Dispatchers, and Ofelia Perez, Police Services
Representative.
3
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
APRIL 11, 2000
Mayor Daly and Council Members expressed their appreciation on behalf of the City noting that they have
one of the most challenging jobs requiring certain skills needed on short notice and usually under great
pressure.
PRESENTATION - GE,NE AUTRY HUMANITARIAN AWARD RECIPIENTS: Recognizing the recipients
of the Greater Anaheim Chamber of Commerce Gene Autry Humanitarian Awards.
Mr. Bob Cook, representing the Chamber of Commerce (and owner of Islands Golf Center) first gave the
history of the subject awards established by the Sports Committee of the Chamber in 1987 to recognize
young athletes specifically for their community service. The reason for the awards was described best by
the first Committee, "...given to an athlete whose efforts have helped make a difference in someone else's
life." Mr. Cook then introduced the recipients who were present: Scott Barton, Canyon High School (HS);
Lisa Choi, Cypress HS; Leanne Cox, Loara HS; Joanna Kahm, Katella HS; Jamie Pooh, Cornelia ConneIly
HS. Each were presented with Flying "A' Certificates by Mayor Daly and Council Members.
(Those unable to be present from various Anaheim High Schools: Thomas Biashaw, Kurt Colomac,
Pritesh Kothary, Travis Monson, Carlos Moreno, Christine Pham, Bethany Ramos, Audra Ratajczak Jose
Rojas and professional athletes, Marly Mclnnis of the Mighty Ducks and Mo Vaughn of the Anaheim
Angels.)
Mr. Cook also acknowledged the sponsors of the program: ESPN and Fox Sports Network, Adams Steel,
Anaheim Disposal, Spectrum Group, Anaheim YMCA, Adelphia, Edison, J. T. Schmidt's, A+Direct, Yellow
Cab of North Orange County, Airport Bus, Islands Golf Center, Costco, Solari Enterprises, Anaheim Union
High School District.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,800,021.48 for the period ending April
3, 2000 and $5,777,861.40 for the period ending April 10, 2000 in accordance with the 1999-2000 Budget
were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Anaheim
Housing Authority meetings. (5:56 p.m.).
Mayor Daly reconvened the City Council Meeting. (6:18 p.m.).
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
PUBLIC COMMENTS - AGENDA ITEMS:
Jack Dutton, 1400 S. Sunkist #181, Anaheim. He first stated he was born in Anaheim on April 5, 1910, at
the time, one of 2,628. He is present to personally thank the Mayor and Council Members for the high
honor bestowed upon him by declaring April 5, 2000 as Jack Dutton Day in Anaheim. There was a
celebration held for his birthday as well. Before leaving, he invited everyone to his birthday celebration to
be held on April 5, 2010 when he will be 100 years old.
Mayor Daly noted that Mr. Dutton had been a long-time Council Member and Mayor during the City's
formative years and that he and the Council Members were pleased to see him this evening. They are all
looking forward to celebrating with Mr. Dutton in 2010.
Ann McCracken. She explained that she had participated in the Job Training Partnership Act (JTPA)
Program in the City, which, unfortunately, did not help her to find a job. Her purpose tonight was to
4
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES
APRIL 2000
emphasize to the Council that taxpayer funds are used to fund the program to assist participants in
becoming re-employed but that not all is well with the program. She then relayed some of the things that
occurred during her participation noting that her experience with the program has not been successful and
gave the reasons why. She concluded by asking what avenues she could take with the City for assistance
with on-the-job training and if they could refer her to the proper person.
Mayor Daly. He asked the City Manager to review the circumstances and the facts as laid out by Ms.
McCracken and report back to the Council with his findings.
City Manager Ruth. He will review the issues and meet with JTPA staff.
Council Member Shirley McCracken clarified that she and Ms. McCrecken are not related and this is the
first time they have had any contact.
Mr. Frank Power, Vice President and Chief Operations Officer, Sunferel, Inc., 3000 E. LaJolla Street,
Anaheim (120,000 sq. ft. on seven acres), since 1979. He first offered his business card to Ms. Ann
McCracken (the person who spoke just before him) noting that he runs a manufacturing company in east
Anaheim and will entertain a review of her resume to see if they can find a job for her.
He then continued, almost 12 months ago, the Public Utilities Department invited him to a conference with
a number of other businesses and shared with them the program, "Innovative Energy Technology" which
was an opportunity to look at ways they could improve their business and develop new technology using
the energy systems of the City. After looking at the impact of the downsizing in their industry, the
aerospace industry, they realized the company must change if they want to survive. They are trying to find
new markets, new technology and ways to upgrade their manufacturing capability. They currently employ
100 people. They have applied to the City Innovative Energy Program for a grant to help them move
forward to develop new technology. He is present to urge the City to approve their application for the
grant.
Tom Amlee, Process Engineer, Delphi Automotive, a battery manufacturing company, 1201 Magnolia
Avenue, Anaheim. The company has been in existence in Anaheim since 1954, formerly as the Delco
Remy Company. Last year, Delphi became separate from General Motors and spun off as a separate
company. Delphi has also applied for a grant for innovative Energy Technology. He then gave the
reasons why they need the grant, the main reason being to help them to remain competitve and to retain
their business in the City. On behalf of their 300+ employees, he urged the City to approve their grant
application.
Mayor Daly. He noted that the previous two speakers had explained their grant application. He asked if
they were aware of when a decision will be made relative to the program; City Manager Ruth. Staff has
been working with both of the companies and the principals and they have received all the pertinent
information.
There was an indication from the gentlemen (in the audience) that they had received the information.
Patricia Cotter, 3145 Westhaven, Anaheim. She gave the details of an organization run by Dennis
Illingsworth, Executive Producer and Dan Helkyard, Artistic Director -- "Front Row Center". They operate
out of a 13 000 sq. ft. building near City Hall called the Children's Performing Art Center. She read
excerpts from a three-page article in the March 25 h Discover Section of the Register which featured "Front
Row Center". She also read three letters regarding a recent production at the center. In concluding, she
stated it (the Center) is a "treasure" in the City and she wanted to let the people of Anaheim know about it.
The telephone number to purchase tickets for present and future productions is 714-772-2664.
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTE, ST
APRIL 2000
Peggy Volpert, 501 E. Orangethorpe, Space #31M. She is over 80 years old and is speaking for all the
senior citizens. She then relayed an incident(s) that occurred at the Senior Center some time ago involving
missing bingo cards and accusations and complaints made against her. In concluding her story which
involved other miscellaneous related incidents as well, she asked what the Council could do to help her.
Mayor Daly stated since the matter involved the allegation of theft, he is going to suggest that she talk to
the Chief of Police, Roger Baker, who was present in the Chamber; Ms. Volpert thanked the Council.
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of April 11, 2000. Council Member McCracken seconded the motion.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A25: 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-61 and 2000R-62, for adoption. Mayor Daly
offered Ordinance No. 5724 for adoption and Ordinance Nos. 5726 and 5727 for first reading. Refer to
Resolution/Ordinance Book.
Al. 118: Rejecting and denying certain claims filed against the City. Referred to Risk Management.
The following claims were filed against the City and actions taken as recommended:
a. Claim submitted by Cowboy Boogie, Inc., cio Michael N. Schonbuch, Esq. for indemnity,
comparative fault, and declaratory relief sustained purportedly due to actions of the City on or
about October 13, 1998.
b. Claim submitted by Renee Banks for property damage sustained purportedly due to actions of
the City on or about February 10, 2000.
c. Claim submitted by Debora L. Beaver for bodily injury sustained purportedly due to actions of
the City on or about January 8, 2000.
d. Claim submitted by Mercury Insurance Co., Attn; Beth Calrke (insured: Jose Gutierrez) for auto
liabilty sustained purportedly due to actions of the City on or about October 20, 1999.
e. Claim submitted by Guadalupe Perez for property damage sustained purportedly due to
actions of the City on or about December 9, 1999.
A2.
105: Receive and file minutes of the Anaheim Private Industry Council meeting held February 24,
2000.
105: Receive and file minutes of the Golf Advisory Commission meeting held February 24, 2000.
105: Receive and file minutes of the Budget Advisory Commission meeting held November 17,
1999.
105: Receive and file minutes of the Anaheim Park and Recreation Commission meeting held
February 23, 2000.
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES
APRIL 117 2000
A3.
A4.
A5.
A6.
A7.
A8.
A9.
174: Receive and file a Notice of Update to Certification of Open Video System from Western
Integrated Networks, L.L.C.
123: Authorize an Amendment to Agreement with Turner Construction Company in an amount
not to exceed $256,200 to provide for additional project representative services to complete
construction of the Anaheim Convention Center Enhancement Project. (Continued from the
meeting of March 28, 2000, Item Al0.)
170: Approve the Final Map of Tract No. 15565 and authorize the Mayor and City Clerk to
execute the Subdivision Agreement with Muskoka Development, Inc. Tract 15565 is located at
421 South Country Hill Road and is filed in conjunction with Variance No. 4331.
123: Approve an Agreement with South Coast Air Quality Management District and accept
$141,193 in grant funds to implement a system of two pure electric trams for the Anaheim
Convention Center and amend the Department of Public Works budget by $141,193.
123: Approve a first year option to the Agreement between Orange County Striping Service, Inc.
and the City of Anaheim for street striping maintenance services.
123: Authorize the Director of Public Works to sign a UTC/SCOOT Software Support Agreement
between Eagle Traffic Control Systems and the City of Anaheim for software support and
maintenance functions of the UTC/SCOOT Traffic Signal Control System owned and operated by
the City.
123: Waive Council Policy 401 and approve an Agreement with ISE Research, Inc., in the
amount of $650,000 to design, engineer, manufacture and deliver two pure electric trams for the
Anaheim Convention Center.
160: Waive Council Policy 306 and authorize the Purchasing Agent to issue a pumhase order to
Laerdal Medical Corporation, in the amount of $26,286 for four cardiac monitor/defibrillators and
related equipment for the Fire Department.
Al0.
123: Authorize the execution of an Agreement with Solar Utility, Inc. and PowerLight Corporation,
in an amount not to exceed $627,000 for the design and fabrication of a 102 kW photovoltaic
system for the Public Utilities Department, to be installed on the roof of the Convention Center, in
accordance with Request for Proposal #5980.
All.
160: Waive Council Policy 306 and authorize the Purchasing Agent to issue a new purchase
order to CommPro, in an amount not to exceed $90,000, for the consultation, design and site
content, development and maintenance for the City's web site for fiscal year 2000/2001.
Council Member Tait. Although he does not have any complaints about the City's web page, he questions
why staff is not going out to bid for different proposals on the subject. The company proposed may very
well be the best, but they don't know that for sure. He is suggesting that the Council vote no on this item
and ask staff to request proposals from the public.
Mayor Daly. He asked if Council Member Tait's recommendation would create a hardship or if the item
was time sensitive; City Manager Ruth. It is not time sensitive other than the work demand on the web
site which averages about 1.6 million hits a month. The City has had a good working relationship with the
people who have been performing the service. Bret Colson, Public Information Officer, who oversees the
operation indicated the proposal is betow the market rate. He has also checked to see what others would
charge for the same service. The work is very timely and quality work and the City has had a very good
experience with the provider in the past.
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES
APRIL 117 2000
Mayor Daly. There have been dramatic changes that have occurred on the web site and undoubtedly there
will be many more to come. He is wondering what would occur if the City were to invite proposals from all
the different web site technicians with an announced budget. Doing so would tend to narrow the number
of firms. At some point, the Council could be faced with proposals that are fancier and more far reaching
than the budget will allow. With the condition that they clearly understand what the budget will allow for
this type of service, he tends to agree with the spirit of his (Tait's) suggestion.
Council Member Tait. There are a number of brand new firms in the web design business. He looks at
this similar to architectural contracts and is not suggesting it be the cheapest, but the best. He would be
willing to set a limit or a budget of $90,000. They could possibly get a bid for half the amount, but they
won't know that unless they ask for competitive bids.
MOTION. Council Member Tait moved to deny Item A11 and instead request staff to go out for Requests
for Proposal for web design setting the limit at $90,000. Council Member Kring seconded the motion.
Before a vote was taken, Council Member Feldhaus stated he knows they will be paying $50 to $65 an
hour minimum and up. He sees no purpose in the proposed motion since he has already looked into the
matter for his own business.
A vote was then taken on the foregoing motion and carded by the following vote. Ayes: Kring, Tait,
McCracken, Daly. No: Feldhaus.
A12.
123: Approve Amendment No. 1 to the Second Cooperation Agreement between the Anaheim
Redevelopment Agency and the City of Anaheim regarding expansion of the area in which the
Agency may utilize park fee credits in connection with the Downtown Community Center.
A13. 182: To consider the reappointment of Sheila Mosey, Mike Neben, Robert Nelson, Joanna
Rodgers and Jan Billings to the Private Industry Council for a term not to exceed June 30, 2000.
A14.
177: Certify that the Anaheim Housing Authority's Public Housing Agency (PHA) plans, the Five-
Year Plan for fiscal years 2000-2004 and the Annual Plan for fiscal year 2000-2001 are consistent
with City of Anaheim's Five-Year and One~Year Consolidated Plan Documents and authorize the
Execute Director to sign the required "Cedification by State or Local Official of PHA Plans
Consistency with the Consolidated Plan".
A15.
123: Approve the Audit Settlement Agreement between the City of Anaheim and Edlen Electrical
Exposition Services, Inc., which provides for resolution to the audit findings identified in the City of
Anaheim's Audit ¢¢97370.
A16. 123: Approve Amendment to the Second Amended and Restated Arena Management Agreement
with the City of Anaheim and Ogden Facility Management Corporation of Anaheim.
A17.
149: ORDINANCE NO. 5724 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM
amending Section 14.32.320 and Section 14.32.330 of Chapter 14.32 of Title 14 of the Anaheim
Municipal Code relating to parking and stopping. (Introduced at the meeting of March 28, 2000,
Item A16.)
A18. 156: Accept a grant award in the amount of $99,868 from the U.S. Department of Justice, Office
of Justice Programs, for the 1999 County and Municipal Agency "Domestic Preparedness
Equipment Support Program" and execute all required grant documents; and amend the Police
Department's fiscal year 1999/2000 budget by increasing revenues and expenditures in the
amount of $99,868.
A19. 156: Approve the acceptance of the donation of a commercial armored vehicle from Armored
Transport Inc. to the City of Anaheim and authorize the Chief of Police to accept the vehicle on
behalf of the City.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
APRIL 2000
139: Oppose SB 1594, authored by Senator David Kelley, to restructure the board membership of
the Metropolitan Water District.
RESOLUTION NO. 2000R-61 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM giving notice of its intention to approve an amendment to the contract between the
Board of Administration of the California Public Employees' Retirement System and the City of
Anaheim (2% at 55 full formula for local miscellaneous members).
ORDINANCE NO. 5726 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM
authorizing an amendment to the contract between the City of Anaheim and the Board of
Administration of the California Public Employees' Retirement System.
113: RESOLUTION NO. 2000R-62 RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF
ANAHEIM approving the records retention schedule for the Public Utilities Department.
123: Approve and authorize the Public Utilities General Manager to execute Agreements and
related documents with Sonfarrel Inc., Anaheim Union High School District, Delphi Automotive
Systems, AIstyle Apparel/A&G Inc., and SPM/Anaheim to help these entities develop energy
projects to increase energy efficiency, reduce pollution and toxic emissions, and encourage
innovative energy applications for a total of $400,000.
175: ORDINANCE NO. 5727 (INTRODUCTION) 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.
A25. 114: Approve minutes of the Anaheim City Council meeting held March 21,2000.
Roll Call Vote on Resolution Nos. 2000R-61 and 2000R-62~ for adoption;
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 2000R-61 and 2000R-62, duly passed and adopted.
Roll Call Vote on Ordinance No. 5724 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5724 duly passed and adopted.
A26.
CONTINUED PUBLIC HEARING RESOLUTION OF NECESSITY STATE COLLEGE
BOULEVARDISR-91 FREEWAY IMPROVEMENT PROJECT:
To consider the adoption of a resolution finding and determining the public interest and necessity
to require condemnation of certain real property located in the State College Boulevard/SR-91
Freeway Improvement Project area and authorizing legal counsel for the City to proceed with said
condemnation action. (Continued from the meetings of March 7, 2000, Item A26c and March 28,
2000, Item A2.3.)
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
APRIL 11, 2000
RESOLUTION NO. RESOLUTION Of THE CITY COUNCIL OF THE CITY OF
ANAHEIM determining the public interest and necessity for acquisition of a portion of certain real
property located at 1419 and 1423 North State College Boulevard for the purposes of conducting
roadway improvement (R/VV 5175-6A & 6B).
Mayor Daly. The City Manager is recommending a three-week continuance on this item to May 2, 2000.
He asked if there was anyone present who had a concern relative to the proposed continuance; there
were none.
MOTION. Mayor Daly moved to continue Item A26 to May 2, 2000. Council Member McCracken
seconded the motion. MOTION CARRIED.
B1. 179: ORDINANCE FOR ADOPTION:
ORDINANCE NO. 5725 (ADOPTION) Amending Title 18 to rezone property under
Reclassification No. 98-99-15 located at 926 South Beach Boulevard (Lyndy's Motel and
Restaurant) from the CH zone to the CL zone. (Introduced at the meeting of March 28, 2000,
Item B12.)
Mayor Daly offered Ordinance No. 5725 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 5725 (ADOPTION) AMENDING TITLE 18 TO
REZONE PROPERTY UNDER RECLASSIFICATION NO. 98-99-15
LOCATED AT 926 SOUTH BEACH BOULEVARD (LYNDY'S MOTEL AND
RESTAURANT) FROM THE CH ZONE TO THE CL ZONE.
Roll Call Vote on Ordinance No. 5725 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 5725 duly passed and adopted.
B2.
REQUEST FOR REHEARING:
179: Conditional Use Permit No. 4148 and Nef~ative Declaration:
OWNER: Robert Zucherman, 1715 Glen Oaks Drive, Santa Barbara, CA 93108
AGENT: Hung Van Le, 601 South Magnolia Avenue, Anaheim, CA 92804
Jackson, DeMarco, & Peckenpaugh, Attn: David Smith, 280 North Westlake Boulevard, Suite
200, Westlake Village, CA 91362
LOCATION: 501 South Ma,qnolia Avenue. Property is 0.46 acre located at the southwest corner
of Orange Avenue and Magnolia Avenue (Le's Automobile).
Requests approval to revise previously-approved plans for an auto repair facility and amend or
delete conditions of approval pertaining to the closing of two driveways and the planting of
landscaping.
ACTION TAKEN BY THE PLANNING COMMISSION:
Denied lhe request to defer the installation of landscaping and the closing of the two driveways for
CUP NO. 4148 and amended the conditions of approval including adding two conditions (PC2000-
13)
(7 yes votes).
Negath~e Declaration previously approved.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
APRIL 11, 2000
Informational item at the meeting of February 15, 2000. Letter of appeal submitted by the agent,
Jackson, Demarco & Peckenpaugh.
At the public hearing held March 21, 2000, the Anaheim City Council GRANTED CUP NO. 4148
subject to City Planning Commission conditions; except the applicant was given six months to
install landscaping and closing of driveways (2000R-57).
Request for Rehearing submitted by David C. Smith of Jackson, DeMarco, and Peckenpaugh on
behalf of the agent.
Mayor Daly asked to hear from the City Attorney relative to the subject request; City Attorney White stated
he is recommending denial
Council Member Kring asked the reason(s) for Mr. White's recommendation; City Attorney White. In
reading the application, he finds no legal basis that wasn't presented or could not have been presented at
the original hearing which would be the legal grounds to approve the request. The applicant is exhausting
his administrative remedies prior to possible litigation.
MOTION. Mayor Daly moved to deny the request for rehearing on Conditional Use Permit No. 4148.
Council Member McCracken seconded the motion. MOTION CARRIED.
C1.
179: 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 Palina Avenue, Anaheim, CA 92807
LOCATION: 1303-1371 North Euclid Street. Property is 6.42 acres located at the northwest
comer 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 meeting of March 28, 2000, Item C1.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News: March 16, 2000
Mailing to property owners within 300 feet: March 14, 2000
Posting of property: March 17, 2000
The Assistant City Clerk noted that letter dated March 31, 2000 had been received from the property
owner requesting a further continuance of the Public Hearing on the subject to April 18, 2000.
Mayor Daly asked if anyone was present who had a concern relative to the further request for continuance
on this issue; no one came forward.
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ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES
APRIL 11 2000
Joel Fick, Planning Director. The applicant has been working actively with the property owners who
initially had some questions about the development. At present at least, it looks like they have favorably
been able to work things out. The extra week will allow staff to "package" it up and present the
information next week.
MOTION. Mayor Daly moved to continue the Public Hearing on Conditional Use Permit No. 4177 for
another week to April 18, 2000. Council Member McCracken seconded the motioin. MOTION CARRIED.
C2.
179/155: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 371 AND NEGATIVE
DECLARATION; RECLASSIFICATION NO. 99-00-12:
INITIATED BY: City of Anaheim (Planning Department), 200 South Anaheim Blvd., Suite 162,
Anaheim, CA 92805
LOCATION: 848-930 South Knott Street and 3411-3441 West Ball Road. Property is 7.0
acres located north and east of the northeast corner of Knott Street and Ball Road.
General Plan Amendment No. 371 - Request for amendment to the Land Use Element of the
General Plan to redesignate the subject properties from the Low Density Residential designation
to the General Commercial designation; and the General Commercial, Low Density Residential,
and Medium Density Residential designation to the Low-Medium Density Residential designation.
Reclassification No. 99-00-12 - withdrawn.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended approval and adoption of Exhibit B to City Council (PC2000-20)
(6 yes votes, Commissioner Bostwick absent).
Approved Negative Declaration.
Reclassification No. 99-00-12 withdrawn.
Informational item at the meeting of March 21, 2000, Item BI. Set for public hearing due to the
General Plan Amendment.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News: March 30, 2000
Mailing to properly owners within 300 feet: March 30, 2000
Posting of property: March 31,2000
Greg Hastings, Zoning Division Manager briefed the staff report to the Planning Commission dated
February 28, 2000. He noted there will be some additional action items on this coming forward at the next
meeting. The study area as reflected on the agenda originally encompassed seven acres. The
amendments approved by the Planning Commission as Exhibit "B" would redesignate approximately 2.3
acres along Ball Road from medium density residential to Iow-medium residential. The designation would
be more compatible with the existing residential tract adjoining the block to the north. The proposed
designation encourages single-family homes and condominiums. Staff has worked closely with the
community in finalizing the proposal to be compatible with the neighborhood.
Mayor Daly opened the Public Hearing.
Esther Wallace, WAND. They spoke at the Planning Commission hearing on this matter. She relayed
what had occurred on another piece of property where WAND convinced the developer to build bigger,
more expensive houses which turned out to be a success, all 40 houses having been sold within six
weeks. The project changed the character of the area for the better. The residents would like to have the
same type of housing built on the subject seven acres. They are asking for the lower density designation.
Mayor Daly asked for confirmation if WAND was in agreement with the Planning Director's
recommendation; Mrs. Wallace answered, yes and the neighbors are as well.
Mayor Daly closed the Public Hearing.
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ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES,
APRIL 11, 2000
Joel Fick, Planning Director confirmed the Iow-medium density designation would be up to 18 units per
acre and allow the character of development that Mrs. Wallace referred to that has been built in close
proximity to the subject site. The existing designation is medium density.
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-63 for adoption. Refer to Resolution Book.
RESOLUTION NO. 2000R-63: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE
ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO, 371.
Roll Call Vote on Resolution No. 2000R-63 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-63 duly passed and adopted.
D. REPORT ON CLOSED SESSION ACTIONS:
City Attomey Jack White stated there were no actions on Closed Session.
E. COUNCIL COMMUNICATIONS:
Council Member Krinf:l: She referred to the previously set third Workshop to discuss proposed City
Charter Amendments scheduled for May 2, 2000. One of the biggest issues seems to be term limits. She
would like to agendize this matter for a Council Meeting separately in order to get public input on the
issue.
Mayor Daly asked the Council if they had any feedback to give on the issue; there was none.
Council Member Feldhaus stated he listened to the tape of the meeting two weeks ago (March 21, 2000)
since he was absent due to a medical emergency. He thanked his colleagues and everyone else for their
concern and prayers. He is fine and glad to be back.
ADJOURNMENT: By general Council consent, the Council Meeting of April 11, 2000 was adjourned
(7:06 P.M.)
ANN M. SAUVAGEAU
ASST. CITY CLERK
13