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1995/02/28City Hall, Anaheim, California - COUNCIL MINUTES - FEBRUARY 28, 1995 - 2=30 P.M. PRESENT: PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in special session. MAYOR: Daly COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White ASSISTANT CITY CLERK: Ann Sauvageau A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:45 p.m. on February 24, 1995 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the special meeting of February 28, 1995 to order at 2:48 p.m. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session for this special meeting (Items 1 through 4 on page 12 of the posted special meeting agenda), noting first that there are no additions to Closed Session items. It is also Council's attention to move directly from special session to the regular meeting of February 28, 1995. 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: In re: County of Orange, Debtor, U.S. Bankruptcy Court, Central District Case No. SA 94-22272; and In re: Orange County Investment Pools, U.S. Bankruptcy Court, Central District No. SA 94-22273. 2. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION: Name of case: Anaheim Stadium Associates v. City of Anaheim, Orange County Superior Court Case No. 44-81-74. CONFERENCE WITH REAL PROPERTY NEGOTIATIOR: Property: Both sides of Citron Street from La Palma to Romneya, including Victor Hall, Juliana to street closure. Negotiating parties: The Related Group and Anaheim Housing Authority. Under negotiation: Price and terms 4. LIABILITY CLAIMS: Claimant: John Tanco Agency claimed against: City of Anaheim RECESS: Mayor Daly moved to recess into Closed Session with the intention of moving directly from special session into regular session, which will occur sometime during the Closed Session portion of the meeting. Council Member Feldhaus seconded the motion. MOTION CARRIED. (2:50 p.m.) ADJOURNMENT: During Closed Session the special meeting of February 28, 1995 was adjourned and Council moved directly from special session into the regular  of Feb_~ruary 28, 1995 (approximately 3:30 p.m.). LEONORA N. SOHL, CITY CLERK 100 City Hall, Anaheim, California - COUNCIL MINUTES - FEBRUARY 28, 1995 - 5~00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: PRESENT: ABSENT: PRESENT: MAYOR: Daly COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson CIVIL ENGINEER-DEVELOPMENT SERVICES: Natalie Meeks 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 at 3:45 p.m. on February 24, 1995 at the Civic Center kiosk, containing all items as shown herein. AFTER RECESS: Mayor Daly called the regular meeting of February 28, 1995 to order at 5:18 p.m., and welcomed those in attendance to the Council meeting. He noted that a special session was called to order at 2:48 p.m. today, wherein the Council discussed Closed Session items which carried over into the regular meeting of February 28, 1995 as well. INVOCATION: Michael Ramirez, Calvary Baptist 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 issued by Mayor Daly and authorized by the City Council: Recognizing March, 1995, as Volunteer Recognition Month The proclamation was accepted by a group of City of Anaheim volunteers. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council recognizing the First Presbyterian Church on the occasion of its 125th Anniversary, March 1, 1995. The declaration was accepted by Reverend Steven Mather, Steve Austin, Diane Horn, Rick Connor and Bernice Jane Orwig (representing the youth contingent). Mayor Daly and Council Members congratulated Reverend Mather noting the importance of the Church to the Anaheim community and its history. 119: THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: Recognizing newly named Presidents of Cypress and Fullerton Colleges, Dr. Christine Johnson and Dr. Vera Martinez FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,603,240.35 for the period ending February 21, 1995 and $2,106,633.63 for the period ending February 27, 1995, in accordance with the 1994-95 Budget, were approved. 101 City Hallt Anaheim, California - COUNCIL MINUTES - FEBRUARY 28t 1995 - 5~00 P.M. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5=32 p.m.) Mayor Daly reconvened the City Council meeting. (5:36 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Diane Horn, 920 S. Nutwood Avenue, Anaheim, 92804. She is a member of OCCCO (Orange County Congregation of Community Organizations) here to speak on the Youth Vision Platform. Council received a report from Parks and Recreation last week. The City previously allocated $250,000 to expand and increase' programs under the Youth Vision Platform. She briefed the Council on the programs that were initiated noting that Phase I of the platform has been very successful. She is asking for the Council's continued commitment to take a leadership role in support of the City's youth. Naomi Rios and Laura Miranda then spoke on how important the programs are to the youth, the positive change such programs have meant in their lives and the negative impact there would be if the programs are no longer provided. Rudy Cisneros, Anaheim Boxing Club. As a former professional fighter, he is thankful for the opportunities given him and for the fact that he was able to stay out of trouble. His greatest desire is to help the kids stay away from the streets. Father John Lenihan (Saint Boniface Church). He asked those present from OCCCO to stand (approximately 50 people were present). The Council has undoubtedly read the report from Parks and Recreation which shows that what has been implemented thus far for the youth has been very successful. He feels it is the best $250,000 spent by the City in a long time. At this time, it is necessary to determine if there is a possibility of increasing the allocation. For $150,000 more they can institute the four critical programs which were outlined as the next best things to be done. Mayor Daly. They will be asking staff to describe a timeline for future funding of some of the various activities in the Youth Vision Platform not yet funded. OCCCO made the Council's challenge easier by bringing in some private funding and also having the churches step forward to serve as homework centers. It is the type of partnership they are looking for. The City Manager will be bringing back solutions, ideas and possibilities as well as timeframes for funding. There is a lot of need in the City they will keep endeavoring to fund. He is speaking for himself since other Council Members may have other thoughts. City Manager Ruth. Answering the Mayor, he stated it is more appropriate to wait to have an opportunity to review all the budget requests. They recognize this as a high priority of the Council and the community. They will be looking to find ways to fund the program beyond next December and to augment the program if possible. The City Manager staff believes the program should be continued and are trying to find a way to do that. Later in the meeting, Mr. Phil Knypstra, 2520 Gelid, Anaheim, also commented on the request that the $250,000 be continued for the Youth Vision Program. The Los Angeles Times reported it would be as much as $750,000. Given the City's budget constraints, he questions such an expenditure no matter how commendable. It is assumed that government is the one that is going to solve 102 C£t¥ Hall, ~-~eim, California - COUNCIL MINUTES - FEBRUARY 28, 1995 - 5:00 P.M. problems for the young people. He feels the best thing they can do for the youth of the United States is to quit spending their inheritance. PUBLIC COMMENTS - AGENDA ITEMS: Several members of the public addressed agenda items A4, Al2 and A21 (see discussion under those items). MOTION: Council Member Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of February 28, 1995. Council Member Feldhaus seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Lopez, seconded by Council Member Feldhaus, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Council Member Lopez offered Resolution Nos. 95R-30 through 95R-33, both inclusive, for adoption. Council Member Lopez offered Ordinance No. 5483 for introduction. Refer to Resolution Book. Al. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Windsor Terrace Homeowners Association, c/o Cardinal Property Management, Inc., for property damage sustained purportedly due to actions of the City on or about August 1, 1994. b. Claim submitted by Henry Wm. Whybrow for property damage sustained purportedly due to actions of the City on or about January 11, 1995. c. Claim submitted by Kenneth C. Peterson for property damage sustained purportedly due to actions of the City on or about January 3, 1995. d. Claim submitted by Pacific Bell, attn: Warren Booth, Claim No. BS46- 8394, for property damage sustained purportedly due to actions of the City on or about December 19, 1994. e. Claim submitted by Doo Jung Koh for property damage sustained purportedly due to actions of the City on or about Janaury 15, 1995. f. Claim submitted by Vera H. Erickson for property damage sustained purportedly due to actions of the City on or about November 9, 1994. g. Claim submitted by John Tanca, c/o John Micu for property damage sustained purportedly due to actions of the City on or about November 16, 1994. A2. 105: Receiving and filing minutes of the Community Services Board meeting held January 12, 1995. 178: Receiving and filing correspondence from Metropolitan Water District of Southern California regarding the adoption of Resolutions 8464 and 8465 giving notice of intention to impose a readiness-to-serve charge, and a new demand charge. 156: Receiving and filing the Anaheim Police Department Crime Statistical Report for the month of January, 1995. 103 City Hall, Anaheim, California - COUNCIL MINUTES - FEBRUARY 28, 1995 - 5:00 P.M. 128: Receiving and filing the Monthly Financial analysis presented by the Director of Finance for six months ended December 31, 1994. A3. 123: To consider approval of the First Amendment to Agreement, in an amount not to exceed $18,200 with Infrastructure Management Services for the City's FY 1994/95 Arterial Highway Pavement Management System Report. City Manager Ruth announced that this item is being removed from the agenda at this time to be rescheduled at a later date. A4. 151: To consider approval of a restricted Encroachment License for Landscaping within Santa Ana Canyon Road right-of-way (Encroachment 94-6E) as requested by Rancho Del Rio Homeowners Association; and approving a restricted Encroachment License for a block wall encroaching into Santa Aha Canyon Road right-of-way (Encroachment 94-10E) as requested by the Eli Home, Inc. Several people spoke on this item under Public Comments - Agenda Items and subsequent to some of the testimony, Mayor Daly asked that the item be removed from the Consent Calendar for separate action. This item was removed from the Consent Calendar and acted upon at the conclusion of the Consent Calendar. See item following item A23. A5. 123: RESOLUTION NO. 95R-30: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE FUND TRANSFER AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS REQUESTED IN THE 1994/95 TRANSIT CAPITAL IMPROVEMENT (T21) PROGRAM APPLICATION. 106: Authorizing the Mayor to sign Fund Transfer Agreement FTA12A07.A1 to accept $1,741,000 from Caltrans for Anaheim Stadium Rail Station improvements. A6. 173: RESOLUTION NO. 95R-31: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO REQUEST THE CALIFORNIA TRANSPORTATION COMMISSION TO DEVELOP GUIDELINES FOR THE INSTALLATION OF SOUND WALLS ALONG RAILROADS RIGHTS OF WAY. A7. 160: Accepting the low bid of J.H. Baxter & Company, in the amount of $24,381 for 39 wood poles, in accordance with Bid ~5344. A8. 160: Accepting the bid of Howard Industries, c/o Young and Company, in the amount of $32,128 for 40 25-KVA, and eight 50-KVA single-phase, overhead transformers, in accordance with Bid $5356. 160: Accepting the bid of Central Maloney, c/o Southcoast Utility Sales, in the amount of $9,635 for seven 75-KVA single-phase, overhead transformers, in accordance with Bid #5356. 160: Accepting the bid of Wesco, in the amount of $4,212 for four 75-KVA single-phase overhead transformers, in accordance with Bid ~5356. A9. 123: Authorizing a Third Amendment to Agreement with Wackenhut Corporation for security guard services for City Hall and City Hall West. AIO. 184: Reviewing the need for continuing the Sixth Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on January 3, 1995, concerning the Santiago Landslide and Pegasus Landslide in the City of Anaheim; and taking no action to terminate the local emergency at this time. 104 City Hall, Anaheim, California - COUNCIL MINUTES - FEBRUARY 28, 1995 - 5=00 P.M. All. 107: ORDINANCE NO. - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM Amending Sections 7.20.010, 7.20.020, 7.20.030 and Section 7.20.040, and repealing Sections 7.20.090, 7.20.100, 7.20.110 and 7.20.120, of Chapter 7.20 of Title 7, and amending Section 4.14.040 of, and adding new Section 4.14.100 to Chapter 4.14 of Title 4 of the Anaheim Municipal Code relating to gambling and amusement devices. Al2. 123: Approving a Third Amendment of Purchase and Sale Agreement and Escrow Instructions between the City of Anaheim and SGF; approving an Amendment of Exclusive Negotiation Agreement between the City of Anaheim and Mitsubishi Motors of America; and approving an Amendment of Exclusive Negotiation Agreement between the City of Anaheim and General Motors Corporation; and authorizing the Executive Director of Community Development to execute said Agreements. Phil Knypstra, 2520 Gelid Avenue, Anaheim. The redevelopment project(s) have been in effect a long time but he is concerned they never receive a "report card" on cost benefit analysis of how successful those projects are. He noted that another dealership has gone bankrupt in the auto center. He hopes the Council will take a look at the project to see if it is a success or a failure. Dennis Hardin. He and his father are owners of the Hardin Automotive group with two locations in the city. Replying to Mr. Knypstra's comments, he reported on how Hardin's operations have fared since they moved their Honda dealership to the auto center. Their taxable sales to the City have increased nearly 50% and they are forecasting their sales will rise nearly 100% in moving part of their Oldsmobile GMC operations to the auto center. Relative to the concern expressed about the vacant property, it is true that the quality Lincoln-Mercury Dealership closed, but in his discussions with them last Friday, a new dealer-operator is moving in and within 60 days resuming the flow of sales tax to the City. He urged the Council to vote to approve item Al2. Al3. 123= Approving the First Amendment to the South of Romneya Revitalization Cooperation Agreement by and among the City of Anaheim, Anaheim Housing Authority, and Anaheim Redevelopment Agency (revitalization of property on Citron Street from Romneya to La Palma - 11.5 acres). (Continued from the meeting of February 14, 1995.) Al4. 123: To consider approval of a License Agreement with Los Angeles SMSA Limited Partnership (AirTouch Cellular) for the use of a portion of Riverdale Park for the purpose of construction and maintenance of a cellular antenna site (76-foot high cellular antenna tower and ancillary support building) for an initial fifteen-year period, followed by two five-year options. (Discussed and continued from the meeting of February 14, 1995.) City Manager Ruth. This item is being withdrawn at this time. Staff needs more time to respond to Council's previous questions. A15. 155: Approving a Negative Declaration for the Recycling Market Development Zone based on (1) a finding that the declaration reflects the independent judgment of the lead agency; (2) declare that it has considered the proposed Negative Declaration together with any comments received during the public review process; and (3) 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. 105 City Hall, Anaheim, California - COUNCIL MINUTES - FEBRUARY 28, 1995 - 5500 P.M. A16. 123: Approving an Amendment to an Agreement for HOME Participation by and between the City of Anaheim and Orange County Community Housing Corporation in connection with the revitalization of the South Romneya Area. A17. 123: Waiving Council Policy 306, and approving an Agreement with Transcor America, Inc., for transportation of prisoners from distant locations, and authorizing the Chief of Police to execute and administer said Agreement. A18. 156: RESOLUTION NO. 95R-32: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE FILING OF A PROPOSAL WITH THE UNITED STATES DEPARTMENT OF JUSTICE FOR FUNDING ADDITIONAL POLICE OFFICERS UNDER THE "COPS AHEAD" GRANT PROGRAM. A19. 123: Approving an Agreement for use of the G.R.E.A.T. Computer System, and authorizing the Chief of Police to execute said Agreement. A20. 123: Approving the California Utilities Emergency Association Mutual Assistance Agreement with Southern California Edison Company, Pacific Gas & Electric Company, San Diego Gas & Electric Company, Los Angeles Department of Water and Power, and Sacramento Municipal Utility District for restoration of electrical services in the event of an emergency, and authorizing the Public Utilities General Manager, on behalf of the City, to execute said Agreement and any other related documents. A21. 123: Approving a contract with Y & M, Incorporated, dba Spectrum Group, in an amount not to exceed $449,421 including reimbursable expenses, for Phase I (Market Feasibility Study and Precise Plan for the Anaheim Stadium property) of the Anaheim Sports Center study. Council Member Tom Tait. He wanted to be sure they are going to take into consideration comments from surrounding property owners. City Manager Ruth. As part of the process, they are going to have a lot of involvement from property owners and their input will be incorporated into the process. Jeff Kirsch, 2661 W. Palais,'Anaheim. In the funding sources, $217,000 is allocated from the Planning Department budget. Me asked the source of the $217,000. City Manager Ruth. The $217,000 is one-time money from the renegotiated agreement with the County of Orange for animal control which resulted in the savings of $217,000 which is being applied to the Stadium study. He repeated it is one-time funding. A22. 126: RESOLUTION NO. 95R-33: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE FIRST ANNUAL DISNEYLAND MARATHON AND 5K RUN. (To be held on March 26, 1995.) 106 City Hall. Anaheim, California - COUNCIL MINUTES - FEBRUARY 28, 1995 - 5~00 P.M. A23. 114: Approving minutes of the City Council meetings held January 17, January 24, and February 7, 1995; and approving minutes of the adjourned regular meeting of January 17, 1995, held January 21, 1995. Roll Call Vote on Resolution Nos. 95R-30 throuqh 95R-33, both inclusive, for adoption= AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly None None The Mayor declared Resolution Nos. 95R-30 through 95R-33, both inclusive, duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. A4. 151= REQUEST FOR ENCROACHMENT LICENSES - 94-6E AND 94-10E: To consider approval of a restricted Encroachment License for Landscaping within Santa Ana Canyon Road right-of-way (Encroachment 94-6E) as requested by Rancho Del Rio Homeowners Association; and approving a restricted Encroachment License for a block wall encroaching into Santa Ana Canyon Road right-of-way (Encroachment 94-10E) as requested by the Eli Home, Inc. Submitted was report dated February 22, 1995 from the Director of Public Works and City Engineer, Gary Johnson recommending approval of the subject encroachment licenses. The following people then spoke on this item: Mr. Gene Secrest, 121 S. Canyon Crest, Anaheim (also see his letter dated February 28, 1995 title - Application for Encroachment License - made a part of the record). He represents the thirty-seven homeowners that reside at the area of Canyon Crest Drive and Santa Aha Canyon Road. They have applied for permission from the City to improve that portion of the currently unused right-of-way. They respectfully withdraw their application for Encroachment License 94-6E. It is their conclusion that no private entity should encroach within the City right-of-way on Santa Aha Canyon Road. In conjunction with this, they also respectfully request that the Council decline approval of Encroachment Application 94-10E. No one has the right to privatize public property within the scenic corridor along Santa Aha Canyon Road. It must remain open for the public enjoyment. He also clarified he is speaking for the Rancho Del Rio Homeowners Association. Council Member Zemel. He has a legal conflict of interest in this matter since less than a year ago he helped a broker attain that property and received over $250. This is with regard to Item A4 only. He will, therefore, not be participating in the discussion and ultimate decision on the matter. Jeff Farano, Attorney, Farano & Kieviet, 2100 S. State College Blvd., Anaheim. He is assisting Eli Home in obtaining the necessary approvals for the home. He explained the purpose of applying for the encroachment license and why it is necessary. He also explained the benefits it would provide not only for the home 107 C£t¥ Hall, Anaheim, California - COUNCIL MINUTES - FEBRUARY 28t 1995 - 5~00 P.M. but also for the public. Further, the requested encroachment will not create a precedent. The property is a unique circumstance. The City must deal with property that will allow it to be consistent with the scenic corridor. Eli Home is willing to sign a recorded document which will require removal of all items on the property should that become necessary. They will also provide the necessary insurance required. He does not believe granting the encroachment will create a negative effect but will be a better and more consistent use of the property along the Santa Ana scenic corridor. Gene Secrest. The City is in the process of allowing an organization to encroach in the right-of-way of Santa Ana Canyon Road to build a block wall at an annual rate of $680. Eli Home will then become a tenant of the City. The City must exercise an acceptable degree of diligence prior to entering into a rental contract of public property. He does not feel the City has performed any degree of investigation into the prospective tenants passed performance involving rental or financial matters. Mr. Secrest then gave some background information on the Executive Director of the Eli Home, Lorri Galloway. He concluded that the City must look at the court record for past performance and in doing so that they fail the test for landlord-tenant relations and the test of financial responsibility. He urged that they deny the application and reopen review of Conditional Use Permit No. 3680 granted to the Eli Home and deny it. Dennis Kashi, Licensed Private Investigator, American Investigative Bureau, 222 Fashion Lane, Tustin. He has been retained by a group of homeowners in Anaheim relative to the Eli Home and what he has found as a result of the investigation was disturbing - court documents and a history of deceit and fraud that date back twelve years. Mayor Daly interjected and asked the City Attorney the appropriateness of the comments. City Attorney White. There are two manners in which public comments are appropriate. The issue in which Eli Home is involved in tonight is an encroachment permit. Comments relating to the permit rather than personal comments would be in order. Secondly, is any other subject that is within the jurisdiction of the Council to determine. General comments can be made about that. If the Chair determines that the comments are out of order, he has the right not to have those addressed at the podium. Discussion ensued wherein Mr. Kashi stated his comments relate to the contractual agreement the City is about to enter into with Eli Home and the information is pertinent for the Council to determine whether or not to enter into that agreement; City Attorney White. It would be a bilateral agreement signed by both the licensee and the City setting forth primary obligations on the part of a licensee to maintain the improvements in a certain manner and to remove them on 30 days notice, indemnify the City and to maintain insurance. The speaker has indicated why this matter relates to A4 and within that perameter should be allowed his three minutes to speak. Any additional time is within the Council's prerogative. 108 City Hall, Anaheim, California - COUNCIL MINUTES - FEBRUARY 28, 1995 - 5~00 P.M. Mr. Kashi then proceeded to give additional background on the Galloways (operators of Eli Home) and Eli Home having to do with financial matters in which they where involved and also relating to lawsuits, judgements and court cases. Mr. Kashi, in concluding, submitted a document entitled, the Eli Family Tree which contained most of the information on which he reported (made a part of the record). Janet Palka. She asked for clarification on what Eli Home wanted to do. Jeff Farano. If the City has concerns about some of the things brought up tonight, he feels it is not the proper time to review it. They will be paying the City $680 a year for the license, it can be paid in advance, a performance bond can be posted and there is an insurance policy. That should satisfy the City's concerns and if the rest is of concern to the City, it can be addressed at a later date. Dan Wasley, 7330 Paseo Laredo, Anaheim. His home is right off Santa Ana Canyon Road. It is a beautiful street. His concern is not with the wall but the encroachment into Santa Aha Canyon Road and installing curb and gutter. If Santa Ana Canyon Road is ever going to get curb and gutter, they should do it all at one time and not piece-meal as it is in some areas now. Jennifer Burke, Moehler Loop. Eli Home is on a major road and she sees that as a conflict as far as the safety of its residents. The subject area has been designated for many years to be a hiking and riding trail easement. To give 5 feet away even on a temporary basis would be a mistake. Relative to the allegations about the Eli Home, they should not proceed before those are checked out. Jeff Kirsch, 2661 W. Palais, Anaheim. He posed questions relative to the rental rate if for a year, the square footage and is it market rent. Mayor Daly asked the City Manager and staff to give the background on the subject request. Gary Johnson, Director of Public Works/City Engineer. He explained the details of the requested encroachment license by Eli Home, Inc. with the assistance of Natalie Meeks, Civil Engineer, who pointed to the specific areas Mr. Johnson explained from a chart posted on the Chamber wall. He noted in his presentation that even though the other request has been withdrawn, he does not believe staff's recommendation would change with regard to the remaining application. Santa Ana Canyon Road and the Scenic Corridor is an important arterial in the City. There are no safety problems or problems with the capacity of the existing road way as a result of the encroachment. The encroachment has been reduced from the original request by 18 feet at the west end and 8 feet at the east end. The location of the wall in addition to being reviewed by all City departments was also reviewed by the City's Risk Manager focusing on the liability and safety issues as to the location of the wall. He gave a positive clearance. The City also has no plans in their Five-Year Capital Improvement Plan 109 City Hall, Anaheim~ California - COUNCIL MINUTES - FEBRUARY 28~ 1995 - 5~00 P.M. and perhaps even longer to make any improvements to the roadway. Parks and Recreation indicated they have no intention of constructing a riding trail or any other improvements in the area. He then outlined the conditions staff is recommending to be applied to the Eli Home on approval of the encroachment license. Questions were then posed to Mr. Johnson by Council Members during which Mr. Jeff Farano gave additional comments relative to specifics of the encroachment. He also clarified for the Mayor that Eli Home could proceed without the encroachment permit because the house is already legally existing on the property. They can physically operate with less property but obviously there will be less yard. The encroachment would move the wall away from the front giving more airy feeling. city Attorney White also clarified that when the CUP was originally approved, there was a brief discussion about the possibility of encroachment into the Santa Ana Canyon Road right-of-way. It was not determined at that time there would be an encroachment allowed but the conditions on the CUP were written in a way that would authorize the application for an encroachment permit but not require one. The CUP and legal entitlement that now exists would authorize Eli Home to operate even if the encroachment license were to be denied. Council Member Feldhaus. This is a land use issue and not a trial court. The investigator was not under oath. The Council has to decide the matter on land use and not on histories of the operators. He would like to proceed with approval of the encroachment license with the full knowledge that on 30 days notice by the City any improvements would have to be removed. Council Member Tait. He agreed. He does not think comments about someone's character is relevant to a land use decision and whether or not they filed bankruptcy. Council Member Lopez. He feels that the matters reported on by the investigator should be looked into. This item should be pulled at this time and no action taken until the "air is cleared". Sheila Herrel, 256 Calle Diaz, Anaheim. She is speaking on behalf of the Eli Home and is concerned on how low some neighbors can stoop relative to some of the statements made tonight. They are simply asking for a small piece of land and to be left alone to help small children. Carol Rudat, 281 Old Bridge Road, Anaheim. Her primary purpose for being present is to be considered as a candidate for citizens panel on City investments. The only thing she is appalled at is whether the City is leasing 900 or 9,000 square feet, if something is brought up which questions the integrity of the people they are dealing with, there should be a background investigation before doing anything. Ray Currie, 7550 Martella Lane, Anaheim. If this encroachment is allowed, however minor, other such encroachments will be requested. 110 City Ball, Anaheim, California - COUNCIL MINUTES - FEBRUARY 28t 1995 - 5=00 P.M. Kathy Rucker, 7576 E. Paseo Laredo, Anaheim. She lives in the tract of homes directly across the street from the Eli Home. She agrees with Council Member Lopez that an investigation should be made. Santa Ana Canyon Road is beautiful. If a block wall is allowed, it will ruin it. Mayor Daly. He noted that upon questioning by Council Member Lopez the Public Works Director reported that to his knowledge, there have been no other encroachment applications that he is aware of on Santa Ana Canyon Road. After additional questions posed to the City Attorney to clarify some of the legal aspects relative to obligations under an encroachment license, Mayor Daly stated, to him, there is a precedence issue involved. Since there have been no other encroachments on Santa Ana Canyon Road, it is an important issue. The Eli Home does not need the encroachment license in order to operate. The encroachment would impact on the traditional scenic corridor that exists along Santa Ana Canyon Road. He feels there are good reasons not to allow the encroachment at this time. He will ask staff to confirm that this would be the only major type encroachment the Council should be aware of. At this time, he cannot support the application. Jeff Farano. Rather than a vote on the encroachment license tonight, he is going to withdraw the request at this time. Issues were raised which are of concern and rather than addressing those tonight, he will withdraw the request. City Attorney White. Relative to the legal distinction between withdrawing or denying the request, the only difference is there would not be a vote taken on the application. The proponent would have the right to apply again at a later date for the same, similar or even a different encroachment license. Mr. Secrest, acting on behalf of the homeowner's association, withdrew the other encroachment application. He understands Mr. Farano wishes to withdraw the Eli Home application. He (White) is recommending that Mr. Farano be allowed to do so at this time. The legal results would be the same as a denial. Mayor Daly. The City Attorney is recommending that the Council accept the offer of the Eli Home representative to withdraw the application at this time; City Attorney White. It is off the agenda. Council Member Feldhaus. He would still like to instruct staff to continue to gather the information requested relative to encroachments on Santa Ana Canyon Road because he believes this will come back at a later time. He confirmed for Council Member Lopez that he is not talking about looking into the allegations made repeating that the Council is not a trial court. Council Member Lopez. He feels the allegations should be cleared up and documented; City Attorney White. Answering Council Member Feldhaus, he explained if the application is withdrawn, there is nothing to investigate. If the Eli Home chooses to submit a new application, if he was the representative, he would be prepared to address those at that time. He also confirmed that the CUP 111 City Hall, Anaheim, California - COUNCIL MINUTES - FEBRUARY 28t 1995 - 5:00 P.M. approved by the Council is for one year which commences when Eli Home commences use of the property. Council Member Lopez. When that comes up, he is going to ask about the allegations. City Attorney White. Those should be addressed by the body to whom the charges are made and not by staff. He does not have investigators to investigate. The most his office could do is look at court documents and interpret those. Conditional use permits are setup as an adversarial proceeding. If charges are made, they should be countered by the other side. Since the item was withdrawn, no further action was taken by the Council at this time. RECESS: By general Council consent the Council recessed for 10 minutes. (7:28 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (7:52 p.m.) ITEMS BI - B7 FROM THE PLANNINO COMMISSION MEETING OF FEBRUARY 6, 1995 INFORMATION ONLY - APPEAL PERIOD ENDS FEBRUARY 28t 1995 B1. 179: WAIVER OF CODE REQUIREMENTt CONDITIONAL USE PERMIT NO. 3711 AND NEGATIVE DECLARATION: OWNER: Texaco Refining & Marketing, Inc., Attn: Doug Elston, P.O. Box 7812, Universal City, CA 91608-7812 AGENT: Fred Fiedler & Associates, Attn: Patrick Fiedler, 2322 W. 3rd St., Los Angeles, CA 90057 LOCATION: 5650 E. La Palma Avenue (Texaco Service Station). Property is approximately 1.0 acre located at the southwest corner of La Palma Avenue and Imperial Highway. To permit an automotive service station with an accessory automated car wash, a convenience market, a drive-through restaurant (no seating proposed), and beer and wine sales for off-premise consumption with waivers of (a) minimum landscape requirements, (b) permitted wall signs, (c) minimum number of parking spaces, (d) minimum drive-through lane requirements, (e) required setback from an arterial highway, and (f) required improvement of setback areas. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3711 GRANTED, IN PART (PC95-13) (6 yes votes, 1 vacancy). Waiver of code requirement APPROVED, IN PART, waivers (a) and (d) were deleted; waiver (b) was approved for a minimum of 22 parking spaces; waiver (e) was approved to include a propane tank within the parking area adjacent to Imperial Highway; and waiver (f) was approved provided a minimum three (3) foot high earthen berm is installed along both street frontages. Approved Negative Declaration. Mayor Daly. The staff report states that some of the waivers that had been requested have been withdrawn and also some have been deleted or denied by the Planning Commission. He asked if staff has any remaining concerns. Joel Fick, Planning Director. Staff is comfortable as well as the Planning Commission that this item was thoroughly reviewed and dialogued. Some of the 112 Ci%¥ Hall, Anaheim, California - COUNCIL MINUTES - FEBRUARY 28, 1995 - 5:00 P.M. earlier requests have been withdrawn. There are substantial landscaping upgrades on Imperial and La Palma. The Planning Commission also reviewed in detail the traffic situation. He reiterated, staff is comfortable with this project as it stands. John Lower, Traffic & Transportation Manager. Answering the Mayor, he stated that the intersection is scheduled for widening as part of the Imperial Smart Street Program. Yorba Linda is the lead for this segment. 1997 and 1998 is the time when they will be looking to acquire right-of-way on the east side and the plans do anticipate that. Council Member Tait. He has a conflict on this item since his firm represents Texaco on other matters. He is abstaining from any action on this item. B2. 179: WAIVER OF CODE REQUIREMENTf CONDITIONAL USE PERMIT NO. 3738 AND NEGATIVE DECLARATION: OWNER: Anaheim Business Center, P.O. Box 17899, Irvine, CA 92713 AGENT: California Career School, Attn: Chuck Emanuele, 392 W. Cerritos Ave., Anaheim, CA 92805 LOCATION: 355 West Cerritos Avenue. Property is approximately 12.3 acres located at the southwest corner of Cerritos Avenue and Anaheim Boulevard. To permit automotive repair training in conjunction with a private educational facility with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3738 GRANTED for a period of nine months, to expire 11/6/95 (PC95-14) (6 yes votes, 1 vacancy). Approved waiver of code requirement. Approved Negative Declaration. B3. 179: CONDITIONAL USE PERMIT NO. 3739 AND NEGATIVE DECLARATIONs OWNER: Murat Steve Ozkan and Suleyman Simon Ozkan, 3980 E. Miraloma Ave., Anaheim, CA 92807 LOCATION: 3980 East Miraloma Avenue. Property is approximately 0.37 acre located on the south side of Miraloma Avenue and approximately 125 feet west of the centerline of Van Buren Street. To permit an automotive wholesale storage facility including on-site vehicle preparation and detailing. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3739 GRANTED (PC95-15) (6 yes votes, i vacancy). Approved Negative Declaration. B4. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3740 AND NEGATIVE DECLARATION: OWNER: Ronor Associates, Attn: Nell Fieri, 533 S. Rose Street, Anaheim, CA 92805 AGENT: Jeff Jonsson, 23015 Del Lago D-2, Laguna Hills, CA 92653 LOCATION: 515 South Rose Street. Property is approxlma%ely 0.92 acre located south and west of the southwest corner of Santa Ana Street and Rose Street. To permit an on-site and mobile truck repair facility with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3740 GRANTED with the added condition that all work on trucks and storage shall be conducted wholly within the building (PC95-16) (6 yes votes, i vacancy). 113 City Ha11~ Anaheim, California - COUNCIL MINUTES - FEBRUARY 28~ 1995 - 5:00 P.M. B5. Approved waiver of code requirement. Approved Negative Declaration. 179: CONDITIONAL USE PERMIT NO. 3741 AND NEGATIVE DECLARATION: OWNER: Euclid Shopping Center, 2293 W. Ball Road, Anaheim, CA 92804 AGENT: Fancher Development Services, Attn: Nina Raey, 1342 Bell Avenue, Ste. 3-K, Tustin, CA 92680 LOCATION: 1696 W. Katella Avenue. Property is approximately 18.6 acres located on the southeast corner of Katella Avenue and Euclid Street. To permit the establishment of an auto alarm and stereo sales and installation facility. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3741 GRANTED with the added condition that the area between the back wall of the service bays and the property line on Euclid Street shall be fully landscaped (PC95-17) (6 yes votes, i vacancy). Approved Negative Declaration. REPORTS AND RECOMMENDATIONS: B6. ~79: VARIANCE NO. 2588 - REQUEST FOR RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL: REQUESTED BY: Darrell Ament, 923 Fall Place, Anaheim, CA 92805 LOCATION: Property is located at 1414 W. Glen Drive. Petitioner requests time extension to comply with conditions of approval for Variance No. 2588 (waiver of enclosed parking area requirement to construct a 2-car carport) to expire April 15, 1995. ACTION TAKEN BY THE PLANNING COMMISSION: APPROVED request for extension of time to comply with conditions of approval (to expire April 15, 1995). B7. 179: REQUEST FOR PLANNING COMMISSION TO INITIATE THE PREPARATION OF AN ORDINANCE PERTAINING TO COMMERCIAL AND INDUSTRIAL SIGN PROVISIONS. ACTION TAKEN BY THE PLANNING COMMISSION: Directed staff to prepare an ordinance. END OF THE PLANNING COMMISSION ITEMS. BB. 179: ORDINANCE NO. 5481 FOR ADOPTION: Amending Section 18.01.130 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code relating to the definition of "Lot". (Introduced at the meeting of February 14, 1995). Mayor Daly offered Ordinance No. 5481 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5481: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.01.130 OF CHAPTER 18.01 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE DEFINITION OF "LOT". Roll Call Vote on Ordinance No. 5481 for adoption~ AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly None None The Mayor declared Ordinance No. 5481 duly passed and adopted. 114 City Hall, Anaheim, California - COUNCIL MINUTES - FEBRUARY 28t 1995 - 5~00 P.M. B9. 179: ORDINANCE NO. 5482 FOR ADOPTION: Amending Title 18 to rezone property under Reclassification No. 94-95-01 located at 2144 West Lincoln Avenue from the CL and PD-C zones to the RM-3000 zone. (Introduced at the meeting of February 14, 1995.) Mayor Daly posed questions to staff relative to the finalization of the ordinance. City Attorney White. The ordinance only rezones the property into the requested zone. It does not contain conditions that would specify how the houses are to be built. Greg Hastings, Zoning Division Manager. In the RM3000 zone, there is an allowance for detached condominiums under Conditional Use Permit. City Attorney White. The developer could choose never to exercise the CUP and proceed under the zoning. If zoned RM3000, they could build an attached project. Joel Fick, Planning Director confirmed for the Mayor that if they wanted any waivers, they would have to come back and request those and if an attached housing project, it is likely a tract map would be involved. City Attorney White. Two things were done in this case. One is to rezone into RM3000 which says by right they can build attached units or obtain a CUP to build a detached project. The applicant did both. They could in the future decide not to exercise the CUP and only build what the ordinance would allow. The CUP provides one year to exercise the permit. If the rezoning is approved, it continues in perpetuity unless changed. Ten years from now they could build attached but in order to do so would have to obtain a subdivision map. Mayor Daly. His primary concern is the number of units. The Council should know if they are going to be substantially different. Perhaps staff can determine by a quick calculation the maximum number of units that would be allowed if a future property owner decides to take advantage of the RM3000. City Attorney White. The matter could be continued a week if the Council wished; Mayor Daly. He recommended a continuation and a report on the status of the project as well. MOTION: Council Member Zemel moved to continue adoption of Ordinance No. 5482 for one week to March 7, 1995. Mayor Daly seconded the motion. MOTION CARRIED. B10. 179: ORDINANCE NO. 5484 FOR INTRODUCTION: Amending Title 18 to rezone property under Reclassification No. 94-95-04 located at 3080 East La Palma (Texaco Service Station) from the RS-A-43,000 zone to the ML zone. Mayor Daly offered Ordinance No. 5484 for first reading. ORDINANCE NO. 5484: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 94-95-04 LOCATED AT 3080 EAST LA PALMA (TEXACO SERVICE STATION) FROM THE RS-A-43,000 ZONE TO THE ML ZONE. 115 City Hall, Anaheim, California - COUNCIL MINUTES - FEBRUARY 28, 1995 - 5=00 P.M. Cl. 139: RESOLUTION RELATING TO JUDICIAL ELECTIONS: Request from Council Member Feldhaus at the meeting of February 14, 1995 that the Orange County division of the League of California Cities forward a resolution to the California League of Cities pertaining to the election of judges. Council Member Feldhaus again explained the reason for the proposed resolution. (See minutes of February 14, 1995.) The Resolutions Committee agreed the matter should be taken to the State League in October and subsequently to the State Legislature. The Committee asked him, as the author, to ask the Council if Anaheim would be the lead agency in offering the Resolution instead of going through the Resolution's Committee. The proposed resolution would accomplish that. After a brief discussion on the matter, Council Member Feldhaus offered Resolution No. 95R-34 for adoption, relating to Judicial Elections. Refer to Resolution Book. RESOLUTION NO. 95R-34: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RELATING TO JUDICIAL ELECTIONS. (That the Orange County Division of the League of California Cities forward a Resolution to the California League of Cities pertaining to the election of judges.) Roll Call Vote on Resolution No. 95R-34 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly None None The Mayor declared Resolution No. 95R-34 duly passed and adopted. C2. 105: DISCUSSION - BUDGET WORKSHOPS: Discussion of budget workshops requested by Council Member Zemel at the meeting of January 24, 1995, and discussed and continued from the meeting of February 14, 1995. (See minutes those dates.) Council Member Zemel. Relative to the subject, the idea was to provide some new direction and instruction to the Budget Commission potentially redesigning their charge. At the last Council Meeting, he asked Council to bring their thoughts to the table. Mayor Daly. The Council should continue to bring ideas forward relating to the City budget process as well as any direction they want to give to the Budget Advisory Commission. The Council needs to encourage the Commission to focus on the areas of the budget they feel are the most productive. He does not have any specific suggestions regarding direction of the Budget Commission but will by the next meeting. One suggestion he would like to make at this time is that the Council think about reducing the size of the Commission. He feels they should streamline Commissions wherever practical and focus them as best they can. He is going to suggest reducing the size to seven members, the same as the City Planning Commission. He would like to know what it would take to reduce the size. City Manager Ruth. He believes the City Council can reduce the number. Staff did meet with the Budget Advisory Commission (BAC) two weeks ago and gave them the proposed budget format and expressed the concerns, suggestions and recommendations Council Member Zemel brought forth. The Commission took those 116 City Hall, Anaheim, California - COUNCIL MINUTES - FEBRUARY 28, 1995 - 5:00 P.M. under advisement, wanted more time to think about them, and said they would review them at their meeting of the 15th and give Council a recommendation. They took a look at the overall budget format staff laid out, looked at their role in terms of what they have accomplished in the past year and will come back to staff on the 15th with their recommendations on how they saw the budget format proceeding for the next year based on Council's input to them. City Attorney White. To actually reduce the number would take an ordinance. Two readings would take 14 days plus 30 days before the ordinance is effective or basically 45 days after the request to prepare the ordinance is made. The other way is to eliminate one or more members by an action of the Council which would have to be agendized for a subsequent meeting. After that, they could go through the process of reducing the actual size. There is that interim step that the Council can take. Mayor Daly. He asked the City Attorney to draft an ordinance reducing the size of the Commission since the BAC was, in fact, created by an ordinance. In the meantime, the Council can discuss other changes in direction they would like the Commission to take. Council Member Tait. Having served on the BAC and the Planning Commission, ten members are unwieldy and seven is a much better number. City Attorney White. He can bring an ordinance back to the Council at the next meeting. Council Member Zemel. It will be perfect for the Commission for the new fiscal year to have them start off with a new size and new direction. He does not want to lose the focus. He urged the Council to come forward with other thoughts so they can direct the new downsize Budget Commission. C4. 112: REPORT ON CLOSED SESSION ACTIONS: City Attorney White stated that there are no actions to report. C3. 114: COUNCIL COMMENTS: FUNDING FOR YOUTH PROGRAMS: Council Member Lopez. Relative to OCCCO and their request for funds for the Youth Vision Program a comment was made by the public that it is not the time to be spending money for young people. He (Lopez) feels that they have to spend that money it is important to keep the youth of the community busy and for them to have role models. VENDOR ORDINANCE: Council Member Lopez. With the guidance and support of City Manager Jim Ruth, he is tackling a problem that has been around for a long time, the vendor ordinance. He has been meeting with the vendors, Code Enforcement Manager John Poole and City Attorney Jack White. Hopefully, they have something that is workable. When he finally comes up with something that looks good, he will come back and report to the Council. INVESTMENT COMMITTEE: Council Member Zemel. The Investment Committee seems to be going forward. They are accepting applications and resumes. As those are received, they will be distributed to all Council Members. 117 City Hall, Anaheim, California - COUNCIL MINUTES - FEBRUARY 28, 1995 - 5500 P.M. SCHOOL ISSUES: Mayor Daly. Council Member Lopez and he met with City Manager Jim Ruth and Lisa Stipkovich, Executive Director of Community Development today to talk about a variety of school issues. They will be meeting again with City staff. The discussions are routine, but he wanted the Council to know of those discussions. RECESS - CLOSED SESSION: City Attorney White announced that the Council is to again recess into Closed Session for further discussions of item 1 on today's Closed Session Agenda. By general Council consent, the Council recessed to Closed Session. (8:24 p.m.) AFTER RECESS: Mayor Daly called the meeting to order, all Council Members being present. (8:54 p.m.) ADJOURNMENT: By general Council consent, the Council meeting of February 28, 1995 was adjourned. (8:55 p.m.) LEONORA N. SOHL, CITY CLERK 118