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2001/08/28 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING AUGUST 28, 2001 The City Council of the City of Anaheim met in regular session. PRESENT: Mayor Tom Daly, Council Members: Frank Feldhaus, Lucille Kring, Shirley McCracken and Tom Tait (Council Member Tait entered Chamber at 2:35 P.M.). STAFF PRESENT: Assistant City Manager Dave Morgan, City Attorney Jack White, City Clerk Sheryll Schroeder, Assistant City Manager Tom Wood, Finance Director William Sweeney, Community Services Director Chris Jarvi and Executive Director Community Development Elisa Stipkovich. A copy of the agenda for the meeting of the Anaheim City Council was posted on August 24, 2001, at the City Hall inside and outside bulletin boards. Mayor Daly called the regular meeting to order at 2: 11 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. WORKSHOP: Fiscal Year 2001/2002 Capital Budget Review Assistant City Manager Dave Morgan introduced the workshop and stated that staff had prepared an overview of the City's Capital Improvement Program, as requested by Council at their last meeting. It included an overview by Assistant City Manager Tom Wood, a fiscal update by Finance Director William Sweeney and more detailed discussions in the areas of Community Services, Community Development, Public Works and Utilities. Assistant City Manager Tom Wood presented a brief review of the presentation on the Capital Improvement Program that was made to Council in June and he referred to a power point presentation available in the City Clerk's Office. Mayor Daly asked if the 75 projects were funded by the $136 million for the current fiscal year and Assistant City Manager Wood said that was correct and that there were only eight new ones after this year. He added that much of the Capital Program was not adding new things, it was maintaining existing infrastructure that was in place and he said that Council would be discussing what category of projects they were interested in funding and what funding approaches they would like to use. Finance Director William Sweeney presented a power point presentation on the sources of funding, available in the City Clerk's Office. In response to Council Member Feldhaus, Director Sweeney explained that all of the Resort Projects would be completed by June 30,2002 and that was why there was nothing in the following fiscal year. He added that in the event there was, Council could re-appropriate that in next year's budget. He recapped the Resort project monies which were generated by transient tax from 1996 to 2000 which was dedicated towards certain specified projects in the resort. Mr. Sweeney suspected that there may be a small carry over to the following period. In response to Mayor Daly, Mr. Sweeney reported that the funds must be spent somewhere within the Resort area, pursuant to the finance and various other agreements. ~'-'- --""'M'_'_"_~"_,_,_",< ANAHEIM CITY COUNCIL MEETING MINUTES AUGUST 28, 2001 PAGE 2 Mayor Daly asked if the $4.9 million in 2001/2002 and $42.6 million in 2002/2003 included all the available revenues to parks and playgrounds fund. Director Sweeney responded that it did. Community Services Director Jarvi stated that Community Services had been receiving very little in the way of park fees and they had been getting construction of parks instead. He then began his power point presentation, available in the City Clerk's Office. In response to Council Member Kring, Executive Director Community Development Elisa Stipkovich said that Community Development had sent out a new offer to the property owner next to the Mother Colony House and had not yet received a response. In response to Council Member Kring, Director Jarvi said that the cost for three lighted fields would be $3.1 million to completely renovate the fields, redo the back-stops, new irrigation and lighting. He added that the school district was very supportive and that he would ask them if they would be willing to contribute to the finances. In response to Mayor Daly, the current five-year plan had $790,000 and was the first phase for the improvement for the two ball fields on the south side of the Magnolia High School campus that get little community use. He said that they were sports fields for girl's softball. The project was not yet started, he said, but it was intended to get started as soon as possible. Mayor Daly asked that if Council had decided not to spend the remaining $2.2 million and the $790,000 was left, what would be the net improvement. Director Jarvi said that the net improvement would be two lighted, improved softball fields on the south side of the facility. He said it could also be converted to a lighted soccer field. Mayor Daly asked that Council have another look at that project and he would like to check the school population figures. Community Services Director Jarvi said that these were fields that the school district needed and the City would get the extended day use out of it, which would nearly double the public usage of the fields. He said it made use of an existing public resource multi purpose complex without the need for additional acquisition. Mayor Daly noted that it was rare that the City relied on high schools for community recreational needs and he believed that the City should be acquiring more land in west Anaheim. Council Member Tait expressed his support of purchasing new land, adding he would like to see the Maag Ranch property leased. Mayor Daly requested that Community Services and City Manager's Office provide Council with a ball-park, working number for some of the projects. Community Services Director stated that the department was currently working on that project and he said that CalTrans had limited the site to a small site because of their necessary restrictions. Director Jarvi said that would change the cost estimate and he would get back to Council. Assistant City Manager Morgan said that staff was looking for direction on which areas Council would like to focus on and then staff could get back to Council with the specifics. In response to Mayor Daly, Director Jarvi reported the status of Olive Hills tennis courts. He said that Community Services was looking at possibly moving the tennis courts to a more central location in Anaheim hills and convert Olive Hills to a park or sell it and make it excess since it was close to the border of the City. He said that Fairmont was a site of five acres that would make a beautiful site for tennis courts and it could be done in layers like Olive Hills and he added that the Dream Street site would also be a possibility. . ...,.... -..," ANAHEIM CITY COUNCIL MEETING MINUTES AUGUST 28, 2001 PAGE 3 Mayor Daly asked for a report on some of the potential uses for the Dream Street site that staff believed was appropriate. Director Jarvi said it could be a skateboard park site, tennis courts or a community building and there were a number of opportunities. Mayor Daly said that some of the retarding basins were a possibility and he also asked for a report on that. He noted that Supervisor Coad had asked staff to explore the opportunity at Crescent basin and Director Jarvi reported that there had been an internal staff study that they were looking at six different options for grading the site out permanently for flood control purposes, each would have a different influence on how the site could be used for recreation purposes. He said that there were also some connections between how the site was graded and how the amount of water that spilled into the golf course each year had a revenue implication to the City. Director Jarvi responded to Mayor Daly and said that the County assumed that the City would pay for the improvements; however, the County would be funding two-thirds of the Yorba Regional Park development. Council Member McCracken believed that the City should take over the Trident School land and said that it could have a number of fields on it. She said that there were no lights on that field in the evening and she spoke about the maintenance of the property. Director Jarvi said that the field was used and scheduled as a soccer field and since it was not lighted, the City did not get the extended use. In response to Council Member McCracken, Director Jarvi said that the first phase of the Ross Park expansion was ready to be started and it included a lighted ball field. He said that the second phase was the acquisition of Home Oil which was approved by Council about two weeks ago. He said that the other site that Community Services was working on was the Galaxy Oil site and the third site was the Santa Fe railroad property, which was part of the Home Oil site and that would complete that park with a second lighted ball field. She asked about property at La Palma Park and Director Jarvi said that the three sites Community Services had been focusing on were Sancho's Restaurant, the Motel and the Church property. He said that the streets could be closed and the center of the site could be developed and that would be phase I. Phase II, he said, would be acquiring the remaining properties on the east side of the site and developing the rest of the site out. In response to Mayor Daly, Executive Director of Community Development said that one of the alternatives to consider on the motel and some of the parcels, she said that Community Development had done more formal appraisals and that the Department may come forward with a Resolution of Necessity to acquire the property. In response to Mayor Daly, Community Services Director Jarvi said that the master site plan for La Palma Park was four ball-fields and moving the football grandstand to the north. Council Member McCracken noted that some of the projects overlapped between the departments. Assistant City Manager Morgan commented that she was correct and that there was a City interdepartmental group that coordinated projects since they overlapped. Mayor Daly asked if there were people requesting the Toyon Park community facility and Director Jarvi said that there were not since the community building was placed at the Police facility. He said that there may be a demand for that facility in the future. Council Member Tait said that it may be more cost effective to expand the community facility at the Police station. In response to Council Member McCracken, Director Jarvi stated that concerts had been taking place at Toyon Park and this was one of the outdoor sites for developing an outside stage as '.', ---.,.. .."..... .""",,-., ~-, ~..,,~,... ., ANAHEIM CITY COUNCIL MEETING MINUTES AUGUST 28, 2001 PAGE 4 well as Reed Park. He said that there was a request in for State funding in the amount of $50,000 for each site. Council Member Feldhaus asked for a cost breakdown on the various opportunities and maintenance. Assistant City Manager Morgan recommended that staff return to Council a ball-park estimate on operating costs, comments on feasibility and related issues in the order of priority suggested by Council. Mayor Daly asked to see the projected maintenance costs included as well as details on gas station sites or smaller vacant lots. He mentioned the south east corner of La Palma Avenue and East Street and said that the corner could use some beautification. Executive Director of Community Development Elisa Stipkovich had prepared a brief overview of the Capital Improvements in the Community Development Department and referred to a slide presentation, available in the City Clerk's Office. In response to Council Member Tait, Director Stipkovich said that expenditures in Project Alpha could not be transferred to west Anaheim. Community Development had spent money outside the project area on Anaheim Boulevard, Lincoln Avenue and access roads into Project Alpha, she said. There had to be a benefit finding in order to spend project dollars outside the project area, she added. Housing money could be spent outside of the project area, she said, since there had been findings that it could be spent throughout the City. Director Stipkovich added that Community Development had stretched Project Alpha as far as it could go. The bonding that she had referred to was raised specifically and identified for Project and they were being paid off with Project Alpha increment. In response to Council Member Kring, the one theatre proposed for the downtown area had fallen through and she said that Community Development was in negotiation with one other potential theatre developer to get a similar use at that location. Mayor Daly asked for options to be presented to Council as to the size of the Police station/youth center building proposed on Beach Boulevard and he asked if the site would contain a gymnasium. Community Development Director Stipkovich said that it would. Mayor Daly also asked for cost estimates on streetscape improvements at intersections and along the streets themselves. In response to Council Member Kring, Director Stipkovich stated that the packinghouse could be a restaurant and it may even be more than one. Council Member Feldhaus said he was concerned about the parking situation on Elm Street and he asked Community Development to look into it. Mayor Daly suggested that the Public Works and Utility presentations that were scheduled for this date be continued to September 11,2001, to allow adequate time for Closed Session. ADDITIONS/DELETIONS TO CLOSED SESSION: None. PUBLIC COMMENTS - CLOSED SESSION ITEMS: None. . . ''''''"r" ANAHEIM CITY COUNCIL MEETING MINUTES AUGUST 28, 2001 PAGE 5 Mayor Daly moved to recess to Closed Session, seconded by Council Member McCracken. Motion carried unanimously. The Council recessed to Closed Session at 4:05 P.M. 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Kord Group v. The Fieldstone Company, et aI., Orange County Superior Court Case No. 76-32-58. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Section 54956.8 of the Government Code) Property: 847 S. East Street/1014 E. South Street (Dixco Chemical site) Agency negotiators: Ken Noller, Roger Cunningham (Security Land & Right of Way Services) Negotiating parties: City of Anaheim and Irvine City Financial Limited Under negotiation: price and terms. 3. ANNUAL EMPLOYEE PERFORMANCE EVALUATIONS: Titles: City Manager, City Attorney, City Clerk, City Treasurer AFTER RECESS: Mayor Daly called the regular Council meeting of August 28,2001, to order at 5:34 P.M. and welcomed those in attendance. STAFF PRESENT: Assistant City Manager Dave Morgan, City Attorney Jack White, City Clerk Sheryll Schroeder, Civil Engineer Natalie Meeks, Deputy City Engineer Russell Maguire, Executive Director Convention/Sports & Entertainment Greg Smith, Planning Director Joel Fick, Zoning Division Manager Greg Hastings, Police Chief Roger Baker. INVOCATION: Reverend David KolI, Anaheim Christian Reformed Church. FLAG SALUTE: Council Member Tail. PROCLAMATIONS AND DECLARATIONS: 119 Recognizing Robert Napoles for his service on the Planning Commission. Mr. Napoles was present and accepted his service award for four years of service to the City. Recognitions to be presented at a later date were: Proclamations proclaiming September 14, 2001, as Developmental Disabilities Day; proclaiming September 2001 as National Alcohol and Drug Addiction Recovery Month and proclaiming September 22, 2001, as American Business Women's Day. At 5:43 P.M., Mayor Daly recessed the City Council meeting until after the Redevelopment Agency meeting. Mayor Daly reconvened the City Council meeting at 5:51 P.M. PUBLIC COMMENTS: ..,~.....,....,., -+".."~., ~:_~. -...,.". 156 169 170 ANAHEIM CITY COUNCIL MEETING MINUTES AUGUST 28, 2001 PAGE 6 James Robert Read, 100 West Midway Drive, Space #124, spoke about a situation he had with the Police Department and demanded that officers attend specialized training at the Simon Wisenthal Center and Museum of Tolerance on Pico Boulevard in Los Angeles. Judy Johnston, resident, said that she was involved with community policing and she mentioned that it was frustrating for the community since they had seen drug deals and the police could not seem to find the drugs. She thanked the Council for their assistance. Duane Roberts, 2276 Colchester Drive, delivered a letter requesting that the City Manager open an investigation on former City Council Assistant, James Peterson, in connection with the Anaheim City School District Trustee, Don Garcia and the Altomar Gas Station. Khoda Ostowari, Altomar Gas Station, 805 South Harbor Boulevard, said he was told by James Peterson that he had called Dr. Don Garcia about the meeting before the Council on January 25th. Mr. Ostowari noted that James Peterson had said it was his job to call the activists and tell them about the issues before the Council and if they were concerned, they could appear before the Council and comment. Mayor Daly stated that he opposed the service station in question. He had made that clear and he said that his Council Assistant had assisted in the Mayor's evaluation of that project and had contacted community leaders. ADDITIONSIDELETIONS TO THE AGENDA: Assistant City Manager Dave Morgan requested that Item A3 be continued to September 25, 2001. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions, seconded by Council Member McCracken. Motion carried unanimously. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A23: 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. Item A3 was continued to September 25,2001 and Item A 13 was continued to September 11, 2001. Mayor Daly offered Resolution No. 2001 R-229 for adoption offered Ordinance Nos. 5776 through 5777 for adoption. Motion carried unanimously. A1. Receive and file the Police Department's Crime and Clearance Analysis Report for July 2001 and the Investment Portfolio Report for July 2001. A2. Award the contract to the lowest responsible bidder, GMC Engineering, Inc., in the amount of $490,498.99 for the Anaheim Boulevard Parkway Improvement and Beautification Project, from Katella Avenue to Disney Way, and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A3. Approve and authorize the final map and Subdivision Agreement with D.R. Horton Los Angeles Holding Company, Inc. for development and improvement on property located at the northwest corner of La Palma Avenue and Weir Canyon of Tract No. 16128. Unanimously continued to September 25, 2001. -.,... 158 158 158 123 ANAHEIM CITY COUNCIL MEETING MINUTES AUGUST 28, 2001 PAGE 7 A4. Approve and authorize the Mayor and City Clerk to execute the Acquisition Agreement for the purchase of real property located at the northwest corner of Lincoln Avenue and Euclid Street and authorize the acquisition payment of $48,000 to Marico Properties. A5. Approve and authorize the Mayor and City Clerk to execute the Acquisition Agreement of real property located at 847 South East Street and 1014 East South Street to locate expanded electrical facilities, authorize the acquisition payment of $3,600,000 and approve a budget expenditure appropriation increase of $3,600,000. A6. RESOLUTION NO. 2001 R-229 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the sale of certain City owned properties located at 1778 S. Strathmore Place and 1779 S. Heather Lane. Council Member Feldhaus asked about the status of the Katella Smart Street Project and he asked why the properties were being sold. Civil Engineer Natalie Meeks stated that the project had been completed and the nine remnant parcels along there had been offered to the adjacent property owners. Seven of the property owners had shown interest in the property and completed agreements to acquire the remnant parcels, she said, and consolidate them with their existing homes. Two property owners had declined the offer and the City would be disposing of the parcels, she said. The lots were large enough to construct another single- family home on them as individual lots. She said that the lots were put out to bid and they would be advertised and potential bidders would submit a bid to the City Clerk. Mayor Daly asked that before the parcels went to auction, he would like to know what the City's vision was for the property. He asked if the zoning was single-family homes and Ms. Meeks responded that it was and the lots were approximately 7,000 square feet. She believed that a home could be constructed there without requiring any variances. A7. Accept the bid and authorize the execution of the Fire Alarm Maintenance Agreement with Simplex Time Recorder Company, in an amount not to exceed $221,654, for a one year period with four one year optional renewals in accordance with Bid #6183. Council Member Tait questioned if Council should go forward with the award since there was only one bid or should it be re-bid and the specs changed. Assistant City Manager Morgan said that the bid estimate was $45,000 and out of five bidders only one responded. He had talked to Greg Smith, Executive Director Convention Center/Sports and and Entertainment, about revising the specs and bidding out. Executive Director Smith said that the bid was much higher than expected. He said that the work was for the on-going maintenance of the entire system, including software and the computers that run the fire system. He added that some of the equipment could only be maintained by Simplex and other elements of the system, like the smoke alarm, could be maintained by someone else. He recommended moving forward and approving the contract and he would proceed to re-bid and pull out the items that did not have to be maintained by Simplex. There was a termination clause in the contract, he added. In response to Council Member Tait, City Attorney White said that the agreement provided for termination with or without cause on fifteen days notice. Assistant City Manager Morgan said that if Council approved the award, staff would work in an expeditious manner to re-spec the project. -.( 160 160 123 123 153 179 123 ANAHEIM CITY COUNCIL MEETING MINUTES AUGUST 28, 2001 PAGE 8 A8. Accept the low bids for fire truck tools and equipment from Fire Service, Specification & Supply, in the amount of $34,670 (plus applicable taxes), L. N. Curtis & Sons, in the amount of $20,630.95 (plus applicable taxes) and Allstar Fire Equipment, in the amount of $27,721.85 (plus applicable taxes), all in accordance with Bid #6199. A9. Waive the sealed bidding and advertising requirements of Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase order to RFL Electronics, Inc., c/o Matzinger-Keegan, Inc., in the amount of $63,960 (excluding tax) for eight relays for all substations. A 10. Authorize a third amendment to an agreement with PRC Public Sector, Inc. for the maintenance of hardware and software to decrease the not-to-exceed amount for the fourth and fifth periods of maintenance for the Computer Aided Dispatch and Records Management Systems at the Police Department and authorize the Purchasing Agent to execute minor increases or decreases, up to fifteen percent, to the cost of the agreement. A 11. Approve and authorize the City Manager to approve modifications to Contract No. 282- 00-0050 with the Department of Health and Human Services for the development of a Metropolitan Medical Response System and amend the fiscal year 2001/02 Fire Department budget increasing revenue and expenditure appropriations by $200,000. A 12. Approve the 2002 Health and Welfare Plan Rates for ancillary health and life insurance products and authorize the Human Resources Manager to execute all required renewal documents. A 13. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 00R-123 which established rates of compensation for classification designated as Administrative Management (creation of Convention/ Sports/Entertainment Administrative Operations Manager, effective August 17,2001). Mayor Daly moved for a two week continuance, seconded by Council Member Tait. Unanimously continued to September 11, 2001. A 14. Approve withdrawal of the Negative Declaration for construction and operation of a new water production well (Well 56) at 956 South Walnut Street (Continued from the Council meeting of June 12, 2001) A 15. Approve the Plumbing Utility Agreement between the City and Trade Show Electric authorizing TSE to provide various plumbing services for events on a non-exclusive basis to persons at the Convention Center. In response to Council Member Feldhaus, Greg Smith, Executive Director Convention Center/Sports and and Entertainment said that it was 25% of the gross amount billed for work at the Convention Center as stated in the agreement. In response to Mayor Daly, he said that the firm was not selected by the City and that they were hired by the shows that came into the facility. He said that this firm had not performed plumbing in the past and it was a division of Greyhound Exposition Services (GES) and they had done the decorating services in the Convention Center. GES had developed Trade Show Electrical Company which did all the ~ ,.... ....0.01" 156 156 142 142 123 123 -^-.. - -'---r- ANAHEIM CITY COUNCIL MEETING MINUTES AUGUST 28, 2001 PAGE 9 booth electrical for the Greyhound shows and now TSE was picking up the plumbing contract. If a show produced a contractor who was qualified to do the work and was willing to enter into a contract with the City, then the City would contract with them to collect commissions on the work that they perform in the facility. A 16. Approve and authorize the Chief of Police to execute grant documents relating to a grant augmentation to the 1999 Juvenile Accountability Incentive Block Grant, increasing the award in the amount of $91,620 and extending the grant period through June 30, 2002. A 17. Approve and authorize the Chief of Police to execute grant documents relating to a grant augmentation to the 2000 Suppression of Drug Abuse in Schools Grant Program, increasing the award in the amount of $100,000 and extending the grant period through June 30, 2002. A18. ORDINANCE NO. 5779 (INTRODUCTION) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adding new Section 11.04.005 to, and amending Sections 11.04.070, 11.04.080, 11.04.090 and 11.04.095 of Chapter 11.04 of Title 11 of the Anaheim Municipal Code relating to trespass to City property. ORDINANCE NO. 5780 (INTRODUCTION) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Section 11.08.030 of Chapter 11.08 of Title 11 of the Anaheim Municipal Code relating to Prohibition of Alcoholic Beverages in certain areas of Anaheim Stadium, Anaheim Arena, and Anaheim Convention Center at certain times. ORDINANCE NO. 5781 (INTRODUCTION) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Subsection .070 of Section 6.72.020 of Chapter 6.72 of Title 6 of the Anaheim Municipal Code relating to Regulation of Amplified Sound. In response to Council Member Feldhaus, City Attorney White stated that all three of the ordinances added the Arrowhead Pond to the list of the facilities that were the City-owned venues, not including City Hall or the Council Chambers. It would include the Convention Center, Stadium and the Pond that would be covered by the ordinances. A 19. ORDINANCE NO. 5782 (INTRODUCTION) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Chapter 4.82 of Title 4 of the Anaheim Municipal Code relating to Newsracks on Public Rights-of-Way. A20. Approve and authorize the Mayor and City Clerk to execute an agreement with the Orange County Health Services Agency for animal control services for the period of July 1, 2001 through June 30, 2002, in an amount estimated by the County of Orange to be $855,908 for fiscal year 2001/02. A21. Approve and authorize the City Manager to execute the Raymond Retarding Basin Perimeter Improvements agreement by and among the Orange County Flood Control District, the Redevelopment Agency and the City and make certain findings for Agency funding of said Improvements as provided in Exhibit "An (Continued from Council meeting of August 21,2001, Item A19). ANAHEIM CITY COUNCIL MEETING MINUTES AUGUST 28, 2001 PAGE 10 142 A22. ORDINANCE NO. 5776 (ADOPTION) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM fixing and levying a property tax on full cash value of all property within the corporate limits of the City of Anaheim for the fiscal year 2001/2002 (Continued from Council meeting of August 21,2001, Item A9). 142 A23. ORDINANCE NO. 5777 (ADOPTION) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adding, deleting and amending various chapters, sections and subsections of Title 2 of the Anaheim Municipal Code relating to taxes (Continued from Council meeting of August 21, 2001, Item A 13). END OF CONSENT CALENDAR 142 A24. ORDINANCE NO. 5778 (ADOPTION) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adding new Section 1.04.395 to Chapter 1.04 of Title 1 of the Anaheim Municipal Code relating to limitations of board and commission appointments (Continued from Council meeting of August 21, 2001, Item A32). Miriam Kaywood, 2734 West Wilberta Lane, expressed her opposition to the ordinance. She said that the commissioners were giving Council service and that if they were not doing a good job, then they should be removed. If a commissioner was doing an exemplary job, they should be thanked. Council Member Kring commented on Council appointments and said that some boards and commissions needed to be expanded or eliminated and she asked to bring back the ad hoc committee and she offered to chair that committee. Council Member Feldhaus noted he had asked for the ordinance and after re-reading Council Policy 117, which allowed Council to have the power to remove any board or commissioner at any time, he reversed his position. Council Member Tait offered Ordinance No. 5778 for adoption. ORDINANCE NO. 5778 (ADOPTION) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADDING NEW SECTION 1.04.395 TO CHAPTER 1.04 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO LIMITATIONS OF BOARD AND COMMISSION APPOINTMENTS (CONTINUED FROM COUNCIL MEETING OF AUGUST 21,2001, ITEM A32). Roll call vote: Ayes - 1, Council Member Tait. Noes - 4, Mayor Daly and Council Members McCracken, Feldhaus, and Kring. Motion failed. 106 A25. Discuss additions and/or deletions to the budget for the fiscal year 2001/2002 (Requested by Mayor Daly at the Council meeting of August 7,2001, continued from Council meeting of August 21, 2001, Item A33). Mayor Daly moved, seconded by Council Member McCracken, to continue to September 11, 2001. Motion carried unanimously. ,.~,,,,,....... ANAHEIM CITY COUNCIL MEETING MINUTES AUGUST 28,2001 PAGE 11 158 A26. 5:00 PUBLIC HEARING: 179 A brief staff report was given by Civil Engineer Natalie Meeks. Mayor Daly opened the public hearing and hearing no public testimony, closed the public hearing. In response to Council Member Feldhaus, Civil Engineer Meeks stated that Public Works was working on agreements with all three of the tenants for the building modifications and to pay for any lost income during the construction period. She said that the tenants had indicated no objection and Public Works would like to move forward with the modifications. Deputy City Engineer Russell Maguire said that if Public Works had the temporary construction easement, they would be able to make the modifications in the way that Public Works had understood that the property owner was in agreement with and in which the tenants were in agreement with and Public Works believed would minimize disruptions to the business and any damages. He said that the owner had refused to answer Public Works requests for approval and refused to take a position as to what an appropriate settlement figure would be. Public Works had to move forward with the temporary construction easement to get the tenants on their feet again and still accommodate the construction schedules. Civil Engineer Meeks said that a letter was received that date from the owner's attorney and it requested that he retain any rights to object through the court process. Mayor Daly offered Resolution No. 2001 R-230 for adoption. RESOLUTION NO. 2001 R-230 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENTS ON PROPERTY LOCATED AT 927 AND 937 SOUTH EUCLID AND 1711 WEST BALL ROAD, FOR THE PURPOSES OF ACCOMMODATING A ROADWAY IMPROVEMENT PROJECT. Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes - O. Motion carried. Item B1 From ZoninQ Administrator MeetinQ of AUQust 9. 2001: (No action by City Council required unless expressly indicated. Council may consider and act upon such matters at its discretion. Items requiring a public hearing may be set for hearing at a later date upon the request of any two Council members.) APPEAL PERIOD ENDS August 29, 2001: B1. VARIANCE NO. 2001-04447 CATEGORICALLY EXEMPT - CLASS 3 OWNER: Paul Del Valle Inc., 3306 Woodland Place Santa Ana, CA 92707 LOCATION: 1313 and 1316 North Paradise Court. Property is 0.34 acres located at the northerly terminus of Paradise Court having a frontage of 97 feet on the north side of Paradise Court and a maximum depth of 135 feet located 170 feet north of the centerline of Briarvale Avenue. '.T ~. '^'" --"~"'"_.~'---'~--~~'_.- 179 179 179 ANAHEIM CITY COUNCIL MEETING MINUTES AUGUST 28, 2001 PAGE 12 Waiver of minimum lot width and frontage to construct two-single family homes in the RS-7200 (Residential, Single-Family) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 2001-04447 approved (ZA2001-29). Items B2 throuah B7 From Plannina Commission Meetina of Auaust 13. 2001: (No action by City Council required unless expressly indicated. Council may consider and act upon such matters at its discretion. Items requiring a public hearing may be set for hearing at a later date upon the request of any two Council members.) APPEAL PERIOD ENDS SEPTEMBER 4, 2001: B2. CONDITIONAL USE PERMIT NO. 2001-04400 AND NEGATIVE DECLARATION: OWNER: Sierra Vista LLC, 11812 San Vicente Boulevard, Suite 510 Los 90049 AGENT: Whalen and Company, Attn: Jim Marquez 357 Van Ness Way #150, Torrance, CA 90501 LOCATION: 100 South Chaparral Court. Property is approximately 1.24 acre located at the southeast corner of Chaparral Court and Kaiser Boulevard. To permit a telecommunications antenna and accessory ground-mounted equipment. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2001-04400 granted for 5 years to expire on August 13, 2006 (PC2001-109) (4 yes votes, Commissioner Arnold voted no, Commissioner Koos declared conflict of interest and Commissioner Boydstun absent). Negative Declaration approved. Review of the Planning Commission's decision requested by Mayor Daly and Council Member McCracken. Set for public hearing October 2, 2001. B3. CONDITIONAL USE PERMIT NO. 2001-04401 AND NEGATIVE DECLARATION: OWNER: Southern California Edison, 2244 Walnut Grove Avenue Roseme 91770 AGENT: The Consulting Group, Attn: Paul Kim 18500 Von Karman Avenue, Suite 870, Irvine, CA 92612 LOCATION: 1653 South Walnut Street. Property is approximately 2.5 acres located on the southwest corner of Walnut Street and Audre Drive. To permit a telecommunications antenna and accessory ground-mounted equipment. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit granted for 5 years to expire on August 13, 2006 (PC2001-110) (6 yes votes, Commissioner Boydstun absent). Negative Declaration approved. Review of the Planning Commission's decision requested by Mayor Daly and Council Member McCracken. Set for public hearing October 2, 2001. B4. CONDITIONAL USE PERMIT NO. 2001-04408 CATEGORICALLY EXEMPT - CLASS 1: ~.......,... -..,....~ ~-_._-"'_.__._~--' " 179 179 179 ANAHEIM CITY COUNCIL MEETING MINUTES AUGUST 28, 2001 PAGE 13 OWNER: Yassini Living Trust, Attn: Morteza Yassini, Trustee P.O. Box 2110, Ventura, CA 93002 AGENT: Mohamad, Alhakim, 2950 West Lynrose #A2 Anaheim, CA 92804 LOCATION: 730 North Brookhurst Street. Property is approximately 4.8 acres located at the southeast corner of Brookhurst Street and Gramercy Avenue. To permit a dry cleaners. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit granted (PC2001-111) (6 yes votes, Commissioner Boydstun absent). B5. CONDITIONAL USE PERMIT NO. 2001-04399 WAIVER OF CODE REQUIREMENT CATEGORICALLY EXEMPT - CLASS 1: OWNER: Walter Shook, 4711 S.W. 101, Waldport, OR 97394 AGENT: Mark Lally, 731 Monroe Way, Placentia, CA 92870 LOCATION: 2920 East La Jolla Street. Property is approximately 1.12 acre with a frontage of 155 feet on the south side of La Jolla Street located 194 feet west of the centerline of Red Gum Street. To permit an automotive repair (auto body) and towing facility with vehicle impound with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit granted (PC2001-112)) (6 yes votes, Commissioner Boydstun absent). Waiver of Code Requirement approved. B6. CONDITIONAL USE PERMIT NO. 2001-04412 AND NEGATIVE DECLARATION: OWNER: Orange County Water District, P. O. Box 8300 Fountain Valley, CA 92728 AGENT: Dan Copp Crushing Corporation 1300 North Hancock Street #B, Anaheim, CA 92807 LOCATION: 1120 North Richfield Road. Property is approximately 6 acres with a frontage of 650 feet on the east side of Richfield Road located 1280 feet south of the centerline of La Palma Avenue. To retain a concrete processing facility. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2001-04412 granted for 5 years to expire on August 13, 2006 (PC2001-113) (6 yes votes, Commissioner Boydstun absent). Negative Declaration approved. REPORTS AND RECOMMENDATIONS: B7. CODE AMENDMENT NO. 2001-00010 AND CATEGORICALLY EXEMPT SECTION 15061 (b)(3): City-initiated (Planning Department), 200 South Anaheim Boulevard, Anaheim, CA 92805, requests review and approval of a draft ordinance containing modifications to code provisions to reflect the intent of previously-approved code amendments for Fences, Walls, Hedges and Berms, Freeway-Oriented Signs, and Self-Service Laundries. ACTION TAKEN BY THE PLANNING COMMISSION: .-............,.- ANAHEIM CITY COUNCIL MEETING MINUTES AUGUST 28, 2001 PAGE 14 Recommended adoption of Code Amendment No. 2001-00010 (6 yes votes, Commissioner Boydstun absent). Ordinance for introduction will be place on the agenda of September 11, 2001. 6:00 P.M. PUBLIC HEARINGS: 176 C1. PUBLIC HEARING: To consider the abandonment of two electrical utility easements located generally north of Orangefair Lane and west of Raymond Avenue. At their meeting of July 24, 2001, Item A 15, the Anaheim City Council adopted Resolution No. 2001 R-199 declaring its intention to vacate certain public streets, highways and services easements located on the north side of Orangefair Lane, west of Raymond Avenue (Abandonment No. 2001-00039). REQUESTED BY: Howard Parcel, on behalf of Aspen Properties 4854 Main Street, Yorba Linda, CA 92866 A staff report was presented by Civil Engineer Natalie Meeks. Mayor Daly opened the public hearing and hearing no public testimony, closed the public hearing. Mayor Daly moved, seconded by Council Member McCracken, to approve the CEQA environmental finding of Categorically Exempt, Class 5. Motion carried unanimously. Mayor Daly offered Resolution No. 2001 R-231 for adoption. RESOLUTION NO. 2001 R-231 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING CERTAIN PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS FOR ABANDONMENT NO. ABA2001-00039. Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes - O. Motion carried. 179/155 C2. RECLASSIFICATION NO. 2000-00028 GENERAL PLAN AMENDMENT NO. 2000-00379 RECLASSIFICATION NO. 2000-00032 GENERAL PLAN AMENDMENT NO. 2000-00381 REQUEST FOR CITY COUNCIL REVIEW AND NEGATIVE DECLARATION: INITIATED BY: City of Anaheim, 200 South Anaheim Boulevard Anaheim, CA 92805 LOCATION A: This irregularly-shaped 2.49-acre property with a frontage of 300 feet on the south side of Crescent Avenue is located 300 feet east of the centerline of Dale Avenue (523 through 537 North Colgate Street; 2752 through 2768 West Stockton Avenue and 2752, 2754 West Crescent Avenue). -"T ANAHEIM CITY COUNCIL MEETING MINUTES AUGUST 28, 2001 PAGE 15 Reclassification No. 2000-00028: A City-initiated reclassification from the RM-1200 (Residential, Multiple Family) to the RS-5000 (Residential, Single-Family) Zone or a less intense zone. LOCATION B: Parcel 1 : This irregularly-shaped 10.5-acre property is located at the northwest corner of Brookhurst Street and La Palma Avenue (1101 through 1111 North Brookhurst Street). Parcel 2: This irregularly-shaped 5.5-acre property is located at the northeast corner of Brookhurst Street and La Palma Avenue (1110 through 1142 North Brookhurst Street and 2141 through 2175 West La Palma Avenue). General Plan Amendment No. 2000-00379: A City-initiated amendment to the Land Use Element of the General Plan to redesignate certain properties as follows: Parcel 1: from the General Industrial Land Use designation to the General Commercial Land Use designation; Parcel 2: from the low density residential and the Commercial Professional Land Use designations to the General Commercial Land Use designation. Reclassification No. 2000-00032: A City-initiated Reclassification of certain properties as follows: Parcel 1: From the ML (Limited Industrial) and CG (Commercial, General) Zones to the CL (Commercial, Limited) Zone. LOCATION C: Parcel 1 : Property is approximately 4.59 acres located at the southeast corner of Crescent and Magnolia Avenues (2497 West Crescent Avenue and 430 through 590 North Magnolia Avenue). Parcel 2: Property is approximately 17.54 acres located at the southwest corner of Crescent Avenue and Gilbert Street (2400 through 2470 West Crescent Avenue and 511 through 541 North Gilbert Street). General Plan Amendment No. 2000-00381: A City-initiated amendment to the Land Use Element of the General Plan to redesignate certain properties as follows: Parcel 1: from the General Commercial land use designation to the Low-Medium Density Residential land use designation; Parcel 2: from the Medium Density Residential land use designation to the Low Density Residential land use designation. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 2000-00028 granted unconditionally (PC2001-85) (7 yes votes). Recommended adoption of Exhibit A of General Plan Amendment No. 2000-00379 (PC2001-86). Reclassification No. 2000-00032 granted (PC2001-87). Recommended adoption of Exhibit B of General Plan Amendment No. 2000-00381 (PC2001-88). Negative Declaration approved. (Informational item at the Council meeting of July 24,2001, Item B1). Planning Director Joel Fick said that each one of the items reduced the intensity or aligns it with the designation on the property or the direction in the neighborhood. He said that staff recommended approval of the items and was the outcome of community meetings. Mayor Daly opened the public hearing and hearing no public testimony, closed the public hearing. Mayor Daly moved, seconded by Council Member McCracken, to approve the CEQA environmental finding of Negative Declaration. Motion carried unanimously. Mayor Daly offered Resolution Nos. 2001 R-232, 2001 R-233 2001 R-234 and 2001 R-235 for adoption. "-r 107 ANAHEIM CITY COUNCIL MEETING MINUTES AUGUST 28, 2001 PAGE 16 RESOLUTION NO. 2001 R-232 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES CERTAIN ZONES SHOULD BE CHANGED. (RECLASSIFICATION NO. 2000-00028). RESOLUTION NO. 2001 R-233 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 2000-00379. RESOLUTION NO. 2001 R-234 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES CERTAIN ZONES SHOULD BE CHANGED. (RECLASSIFICATION NO. 2000-00032). RESOLUTION NO. 2001 R-235 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 2000-00381 . Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes - O. Motion carried. C3. A public hearing to consider approving a special permit to move four residential structures from 312 and 322 South Kroeger Street and 703 and 705 South Anaheim Boulevard to agency-owned land at 612 to 624 South Lemon Street. Executive Director Community Development Elisa Stipkovich explained this was part of a redevelopment area project, affordable housing project, historical preservation project. She said that there were three houses that were being rehabilitated by a private developer, two that were moved-on and one house that was there. The Community Development had purchased the frontage and a site that went to the interior of the block. She said that these houses had been reviewed by Community Development's historical architect and fit in with the housing in the neighborhood and she recommended that this be approved so that the four homes could be moved on to the block and it would complete the entire block. She said that Community Development had worked this out with the Neighborhood Council and the California Square Neighborhood Group and she said that they were in support of the project. Mayor Daly opened the public hearing and hearing no public testimony, closed the public hearing. Mayor Daly offered Resolution No. 2001 R-236 for adoption. RESOLUTION NO. 2001 R-236 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A SPECIAL PERMIT TO MOVE FOUR RESIDENTIAL STRUCTURES FROM 312 AND 322 SOUTH KROEGER STREET AND 703 AND 705 SOUTH ANAHEIM BOULEVARD TO AGENCY-OWNED LAND AT 612 TO 624 SOUTH LEMON STREET. -""'r -.,~.=.. .',........ -,.- '. ANAHEIM CITY COUNCIL MEETING MINUTES AUGUST 28, 2001 PAGE 17 Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes - O. Motion carried. 156 C4. A public hearing to approve the expenditure plan for grant funds in the amount of $463,406 to be awarded by the United States Department of Justice under the Local Law Enforcement Block Grant and amend the Police Department's fiscal year 2001/2002 budget by increasing revenues and expenditures in the amount of $463,406. Mayor Daly opened the public hearing. A staff report was presented by Chief Roger Baker. He stated that the Block Grant Fund was a continuation of the Block Grant Funds that the Police Department had received in the past. He stated that it authorized the Police Department to receive the funds from the United States Department of Justice and apply the funds on an as needed basis to various projects within the department. He explained that he was focusing on automated systems and other law enforcement related items. City Attorney White stated that the federal requirement was that the Council approve the expenditure plan for the funds. Hearing no public testimony, Mayor Daly closed the public hearing. Mayor Daly moved, seconded by Council Member McCracken, to approve the expenditure plan for grant funds in the amount of $463,406 to be awarded by the United States Department of Justice under the Local Law Enforcement Block Grant and amend the Police Department's fiscal year 2001/2002 budget by increasing revenues and expenditures in the amount of $463,406. Motion carried unanimously. Report on Closed Session Actions: None. Council Communications: Council Member Tait requested that the City Clerk submit to Council ideas on re-formatting the agenda for public clarity. Council Member Kring thanked all those who drove by the Harbor Boulevard and Katella Avenue intersection on August 25, 2001, and helped to "Fill the Boots" for muscular dystrophy. Council Member Feldhaus announced that the Halloween Fall Festival and Parade will be held on October 27,2001. For more information call (714) 999-3456. Mayor Daly asked that staff clarify and bring to Council any property, public or surplus, being offered to the City by school districts or governmental agencies. He mentioned that he had asked staff for the status of the property at Lemon Street and the 91 Freeway and he said that CalTrans had now placed a sign on the property to any interested buyer. Assistant City Manager said that staff would bring a report to Council on that piece of property. Mayor Daly would like the offer to come to the Council on the agenda and let them decide if they wished to pursue the property. '---r ANAHEIM CITY COUNCIL MEETING MINUTES AUGUST 28,2001 PAGE 18 The Council recessed to Closed Session at 7:10 P.M. Report on Closed Session Actions: None. Adjournment: There being no further business to come before the City Council, Mayor Daly adjourned the meeting at 8:00 P.M. to 2:00 P.M. on September 11,2001. Respectfully submitted: ~J~ Sheryll Schroeder, CMC/AAE City Clerk -q-~T - '---t...-... '-~'-"'--"""'~