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2001/12/11 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING DECEMBER 11, 2001 The City Council of the City of Anaheim met in regular session. PRESENT: Mayor Tom Daly, Council Members: Frank Feldhaus, Lucille Kring, Tom Tait and Shirley McCracken. STAFF PRESENT: Assistant City Manager Dave Morgan, City Attorney Jack White, Assistant City Clerk Cynthia Daniel-Garcia. A copy of the agenda for the meeting of the Anaheim City Council was posted on December 7, 2001 at the City Hall inside and outside bulletin boards. Mayor Daly called the regular meeting to order at 3:16 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. WORKSHOP: Anaheim City School District Master Plan Facilities. Assistant City Manager Morgan introduced Anaheim City School District Superintendent, Sandra Berry, and Letty Boggs, Assistant Superintendent of Facilities and Operations. Superintendent, Sandra Berry, stated that changes such as enrollment, land availability, restrictions on land use and funding issues created changes in the facilities of a master plan. She noted that Ross School had opened up one year ago and money saved from that project was used to modernize the old Ross School. She spoke about the new Westmont School and said that it had eleven teachers and the rest of the teachers and support staff would be moving in late January. There was an empty lot on the corner of Harbor Boulevard and Ball Road and funding issues prevented the opening of two complete schools. The School District had wanted to do reconstruction and expansion at Revere School and Mann School campuses and funding issues prevented that from moving forward, she said. She added that the District was proactive so that when funding did become available, projects would be ready to go. Assistant Superintendent, Letty Boggs, and her Assistant, Sergio San Martin, proceeded with a presentation. She noted that the School District had received a significant amount of planning money before the State ran out of funding and the money had been used diligently to work on updating the master plan. She explained to Council the status of the following projects: Ross Elementary School Expansion, Phase II; Westmont Permanent Campus; Key School Expansion; Harbor Campus, Revere Expansion; Ponderosa Area School; North Central No.1 and 3 (Heritage); North Central NO.2 (Mann Expansion); Edison; Palm Lane Expansion; Lincoln Reconstruction and modernization for five of the twenty-two projects. Council Member Kring asked if there was funding available now for projects or if the District was waiting for the results of the bond issue and if the schools were available now. Ms. Boggs responded that the District had planning money and the project would be dependent on some other source of funding. The State program the District was participating in, she noted, was out of funds and the new bond proposed for the November ballot did not re-open the program. She added that the only funding access would be for districts that had local money to bring to Sacramento. ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 11, 2001 PAGE 2 Ms. Boggs noted that the District was seriously pursuing a very large site north of Sycamore and south of Wilhelmina, between Sabina and the rail road tracks which was an area of no historic homes. There was a high-speed rail line that went through there which was a concern to the District and the State Department of Education, she said, for children crossing the rail road tracks. The State required that the school not be near a freeway, a six-lane road, a rail road or an industrial park. The District had talked about acquiring land on either side of the track so that school buildings could be built on each side and once the children go into the building, she said, they could cross the tracks by going to the roof and across the bridge, or to a basement and through a tunnel. A cost analysis was being done, she added. Mayor Daly asked if Mann School could be designed so that the bus traffic would not impose upon the single-family neighborhood or could it be eliminated and Ms. Boggs said that it was possible. She noted that there was an analysis being conducted to verify that the property was clean and the District was concerned about ending up with a toxic cleanup issue from underground storage tanks. She said that the District was very conservative about buying land and the land acquisition costs with relocation ran about $2 million per acre. Ms. Boggs said that in an effort to get every child possible into a school in their own neighborhood so that children could walk to school, the District had looked at expansion on a couple of campuses where the immediate walk-in neighborhood did not fit. She noted that Edison was one of the schools and that a portion of it would be taken out and replaced with a two-story class room building, giving them twenty classrooms, replacing the seven that were there. Ms. Boggs said that all of the school projects had qualified for modernization except for Westmont. In response to Council Member Kring, Ms. Boggs said that there were about 1,000 children in the Jeffrey Lynne area and they were bussed to Palm Lane School. Council Member Tait asked about the total cost of the projects and Ms. Boggs stated there was anticipated State funding which was what the District would receive if they were to have a local bond election. The District did not receive enough from developer fees to make a significant match, she said, and there was not another funding source. She noted that it was over $208 million for new construction and the un-funded District match requirement was $87 million and would come from local bond and developer fees. Eighty-six million was the money the District could receive from the State to match that. Council Member Tait asked what amount of funds would come to the City if the State and local bond measure passed and Ms. Boggs stated that it would be about $170 million for new construction and an additional $50 to $60 million for modernization. She noted that the modernization program at the State was being re-written and an eighty-twenty percent program where the District was paying only twenty percent of the cost. She stated that the percentage of match levels were being re-negotiated and it could be anywhere from eighty-twenty percent to fifty-fifty percent and would also be dependent on a State bond. Mayor Daly asked the City Manager to bring to Council any land, planning and traffic management issues that related to the school master plan. ADDITIONSIDELETIONS TO CLOSED SESSION: None. PUBLIC COMMENTS - CLOSED SESSION ITEMS: None. -- .. ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 11, 2001 PAGE 3 Mayor Daly moved to recess to Closed Session, seconded by Council Member McCracken. Motion carried unanimously. The Council recessed to Closed Session at 4:07 P.M. CITY COUNCIL: 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 LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code): one potential case. Facts and circumstances: proposed award of taxicab franchises based upon several proposals submitted to the City; litigation has been threatened or may be filed against the City concerning such franchises by an existing taxicab permit holder and/or certain proposers which may not be awarded franchises. 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: South Coast Cab Co. v. City of Anaheim, Orange County Superior Court Case No. 80-03-59. 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: 1717 South Clementine Street Agency negotiator: Elisa Stipkovich Negotiating parties: City of Anaheim and Excel Pointe Anaheim, LLC Under negotiation: Price and terms 5. ANNUAL EMPLOYEE PERFORMANCE EVALUATIONS: Titles: City Manager, City Attorney, City Clerk, City Treasurer 6. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to Subdivision (b) of section 54956.9 of the Government Code: one potential case Facts and circumstances: Claims of Hellmuth, Obata & Kassabaum, Inc. for additional compensation relating to architectural services for Anaheim Convention Center construction project and claims of the City of Anaheim relating to construction costs. REDEVELOPMENT AGENCY 7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: 2360 W. La Palma Avenue, Anaheim, California Agency negotiator: Elisa Stipkovich Negotiating parties: City Redevelopment Agency, Anaheim Union High School District and North Orange County Regional Occupational Program Under negotiation: Price and terms 8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: 1248, 1256, 1266 and 1272 E. Lincoln Avenue, Anaheim, California or . ..-.-----.--.-.- ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 11, 2001 PAGE 4 Agency negotiator: Elisa Stipkovich Negotiating parties: City Redevelopment Agency and Christian Faacks; Parsotem Patel; and Alfonso Gomez Under negotiation: Price and terms 9. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: 507 S. Lemon Street, Anaheim, California Agency negotiator: Elisa Stipkovich Negotiating parties: City Redevelopment Agency and Leonard J. Chaidez Under negotiation: Price and terms AFTER RECESS: Mayor Daly called the regular Council meeting of December 11,2001 to order at 5:18 P.M. and welcomed those in attendance. STAFF PRESENT: Assistant City Manager Dave Morgan, City Attorney Jack White, City Clerk Sheryll Schroeder, Police Chief Roger Baker, Community Services Director Chris Jarvi, Code Enforcement Supervisor John Poole, Zoning Division Manager Greg Hastings, Planning Director Joel Fick, Executive Director of Community Development Elisa Stipkovich, Principal Electric Systems Designer, Robert Templeton. INVOCATION: Reverend Mary Hibbard, Anaheim United Methodist Church FLAG SALUTE: Council Member McCracken 119 PROCLAMATIONS AND DECLARATIONS: Recognizing the recipients of the 2001 City of Anaheim Legacy Awards sponsored by the Rotary Club of Anaheim. Recognizing City Manager Jim Ruth on his retirement from the City of Anaheim. All Council Members personally recognized Manager Ruth for his years of service. Mayor Daly announced that there would be an official retirement party on January 5, 2002, at the Convention Center. A recognition to be presented at a later date was Proclaiming December 12, 2001, as The Grove of Anaheim Day. At 5:43 P.M., Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Anaheim Housing Authority meetings. Mayor Daly reconvened the City Council meeting at 5:48 P.M. ADDITIONSIDELETIONS TO THE AGENDA: None PUBLIC COMMENTS: Fernando Nigretti, Anaheim firefighter, Station No.2, spoke on behalf of the Anaheim firefighters and shared reflections on the three-month anniversary of the September 11 th attacks. He spoke of the tragic loss of 344 firefighters in New York and their families and ---. _.~ -t. ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 11, 2001 PAGE 5 shared that their lives would never be the same. Fire families were each asked to contribute $200 and a fund was set up for New York families. Many citizens, school children and others donated and $88,000 had been collected. Sixteen Anaheim firefighters, firefighters from Fullerton, Santa Ana, Garden Grove and Orange County flew to New York to present the donation. He reminded the community that Anaheim firefighters were still accepting donations and would return to New York in the spring time. Kevin Sims, Anaheim firefighter, held up a fireman's helmet presented to the Anaheim Fire Association by firefighter Tom Harrington of the Fire Department New York. The helmet was in memory of those who gave their lives in the attack on the World Trade Center. Firefighter Sims announced that there would be an annual fundraiser at the Festival Shopping Center on Santa Ana Canyon Road and Weir Canyon and it would continue through Christmas eve. Monies raised would go to local charities, he added. James Robert Reade, 100 West Midway Drive, Space #124, spoke about a situation with the police department. Alma Ramirez, 100 West Midway Drive, said that she has had to deal with hate crimes, slum lords and she voiced a complaint about the City Attorney's Office. Larry James, 9192 Ellsworth, Huntington Beach, said that he had attended the rally outside of the Civic Center and was assaulted. Barbara Coe, Chairperson for the California Coalition for Immigration Reform, Huntington Beach, voiced her opposition to the issuance of identification cards issued by the Mexican Consulate. She noted that she had witnessed violence at the rally on December 8, 2001 and she asked that Council revoke the order given to police officers regarding identification cards. Elaine Proko, 222 West Bluebell, stated that two men had threatened her last week when she left the meeting in the Council Chambers and she said that they had told her to leave Orange County. She voiced her opposition to the issuance of identification cards issued by the Mexican Consulate. Eileen Larcome, 4605 West Maurie Avenue, Santa Ana, attended the rally and noted the violence that had taken place. She voiced her opposition to the issuance of identification cards issued by the Mexican Consulate. Ed Balderas, 1330 North Braeburn, spoke about a violation and order to comply notice that had been issued to his mother. He said that seventeen years ago, his parents had contracted with Sears and Roebuck to convert the garage into a den. His mother was on a fixed income and would not be able to comply with the order and he asked for a three-year extension. Mayor Daly asked Mr. Balderas if he had contacted Code Enforcement and he said he had. Mayor Daly asked the City Manager and staff to follow up on the notice since the item was not on the agenda and Council could not take any action. Gary Schultz, 18882 Sunnyview Circle, Yorba Linda, said he was present at the rally on December 8, 2001, voiced his opposition to the issuance of identification cards by the Mexican Consulate. "T""" .. ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 11, 2001 PAGE 6 Duane Roberts, 2276 Colchester Drive, Apartment #6, said he had organized the demonstration at City Hall and stated that he was physically assaulted at the Defense of the Homeland rally. He said that a handful of counter demonstrators were not linked to the counter demonstration he organized across the street; they were Anaheim residents and were registered to vote. David Kendrick, Buena Park, said that at the rally, the demonstrators across the street had behaved themselves. He asked Council to enforce the law. Howard Garber, resubmitted to Council and read an article he had submitted in 1992 regarding "Arbitrary Policies and Anaheim Code Enforcement and the Anaheim Police Department". He said that the people of Orange County were fed up with on-going crime. Evelyn Miller, 6 Gumwood, Irvine, noted that she had submitted an article from the Los Angeles Times, dated April 23, 1990 regarding the charge of racism. She voiced her opposition to the issuance of identification cards by the Mexican Consulate. Jerry Valermino, Buena Park, asked if the Council had authority over the police and if they did, he asked that Council instruct the Police Department to persecute the perpetrators under the hate crime provision if there was a situation where one group attacked the other group. Art Castillo, 1431 West Chateau, voiced his support of peace and said that the Police Department was doing a good job. Mike Neben, President of the Anaheim Chamber of Commerce, noted that the dinner for retiring City Manager, Jim Ruth, would be held on January 5, 2002, at the Convention Center and tickets were $35. Mr. Neben referred to Item A32 regarding the taxi cab franchise and said that the Chamber of Commerce believed that there was a problem with the issuing of a franchise and or additional permits while at the same time contemplating the termination of other permits that were issued by the courts by another company. He said that due to the size and the number of tourists and visitors, superior taxi cab service was an important and essential factor in the community. He added that the system should be governed by either permit or franchise and he made a number of suggestions recommended by the Chamber of Commerce. MaryAnn Cazzell, Attorney for South Coast Cab, 2230 West Chapman Avenue, Suite 200, Orange, said that it was not a good idea to go forward with the franchise. She stated that at the time the franchise idea was promulgated, South Coast Cabs did not have its court-ordered permits and then the September 11 th incident happened which had a significant impact on the City's trade, entertainment base and transportation industry. She said that there were 277 permits in the City since American Taxi was no longer in the running for the franchise. She said if Council still needed to have a franchise award, only the top two franchises should be awarded to companies, which she noted would be Yellow and A-Taxi Cab. She added that the third company was California Yellow Cab and its scoring was not high. South Coast Cab was doing a great job for the City, had sixty permits, up to 117 permits, and there was not a reason to oust that company, she said. She asked for clarification on what would happen to South Coast Cab's permits and noted that in the earlier recommendations about six months ago, it was recommended that South Coast Cab be allowed to retain its 117 permits for one year and then be cut down to thirty after one year and back down. She said that South Coast Cab should be allowed to bring its cabs up to compliance and go forward on that basis. ,... f' ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 11, 2001 PAGE 7 Bernard Carroll, Freemont Street, informed he attended the rally in front of City Hall. He said that he was a PACE graduate and believed that the Police Department should have been at the rally from the beginning. Jose Ojea, 754 North Sabina, spoke about the protest on December 8, 2001 and said that counter protestors were attacked and he had video taped the incident. He noted that he would turn in the video to the Police Department. Jean Garber recounted a situation where she went out of the country without property identification and the difficulties she encountered. She said it was important on behalf of the citizens of Anaheim that rules be followed. Jeff Farano spoke on behalf of California Yellow Cab and said Yellow Cab was ready to move forward with the new system. He said that the system was developed for the purpose of improving taxicab service for residents and the tourist-convention guests. He said that the process was to move forward and approve the transportation system and not to maintain the status quo. The new system satisfied the need to control the basic level of taxicab service and a free market system where competition would decide the number and quality of its operators, he said. The controlled basic level of service had raised the bar of the transportation service in the area, he noted, and the franchise system brought a new competition that would challenge the existing carriers to constantly improve its service. He said that the recent decline should not be considered as permanent and it would be impossible to micromanage the number of permits on an on-going basis based on the present business. Demand would control how many vehicles each operator placed on the street and would control on a free-market basis, he felt. The taxi cab ordinance had a built-in review process and he added that once the system was in place, the need for more or less cars or other modifications could be reviewed at a later time to allow Council to get the franchise system into place. Mayor Daly suggested that those people who did not live in the City and wish to debate policies adopted unanimously by all police chief's in Orange County and the Orange County Sheriff, should first debate it in their own communities. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions, seconded by Council Member McCracken. Motion carried unanimously. Mayor Daly asked the City Manager to provide a report for Council regarding the rally that took place in front of City Hall on December 8, 2001. Mayor Daly and Council Member Tait asked for comments from Police Chief, Roger Baker. Chief Baker said that there was a great deal of misunderstanding about the identification card issued by the Mexican Counsel. He said that law enforcement officers regularly encountered individuals who were unable to provide any legal proof of identity regardless of race and nationality. He said that this caused many problems for both the police officer and the individuals encountered and in daily contact with victims, witnesses, suspects and other individuals, the police officers may not be able to prove the identity of the whom they were contacting. The dilemma of trying to contact people may be time consuming, cost inefficient and limited the options a peace officer had in resolving issues. He said that the police officers of every city were given as much discretion as possible in enforcing the law. For many years, the Mexican Counsel office in Santa Ana had been issuing identification cards to Mexican nationals. Those cards were issued as a form of legal identity to Mexican nationals traveling to and from their native country. In order to obtain the cards, Mexican nationals must apply to the .~ ,. ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 11, 2001 PAGE 8 Mexican Consulate office and show proof of identity and residence. Members of the Orange County Chief's of Police and Sheriff's Association agreed that the card may be considered a valid form of identification for some law enforcement purposes. Chief Baker explained the procedure of receiving an identification card from the Mexican Counsulate and he said that the chief's had asked that the Mexican Counsel discuss and show the chief's how they positively identified the nationality of those people who otherwise had no identification at all. The procedures were lengthy, he said, and the individual must provide proof of residence in Orange County for a period of no less than six months and they must present any or all of the following documents: birth certificates, election cards, certificate of primary and secondary school, all military identification and other cards that had been issued. The identification cards were valid for five years, he explained, and the card offered law enforcement the legal name of the individual, date of birth, a local address where they could be contacted, and had a unique identifying number on it as issued by the Mexican Counsel. It had a full description as well as a picture of the individual and was very similar to other identification cards issued by other countries, he said, and similar to visas and all other forms of international identification. This gave officers an opportunity to positively identify the person when officers contacted witnesses or victims to crimes, he noted, and to get a local address so that the person could be contacted and give testimony. Officers also had the opportunity, in some situations, to positively identify people and citations could be issued for some infractions or minor misdemeanors. There were some cases where it was more advantageous for the officers to issue the citation to the individual, he said, and take the individual into custody immediately. The card was reviewed by the Orange County Chief's and Sheriff's Association and had been reviewed by other law enforcement agencies in other states. There were over fifty Mexican Counsels across the country and the cards were in use in other states and were becoming more in use in the State of California, he said. The card was recognized by financial institutions and other organizations, he noted. The instructions to the officers described the card and what the officer should find on it to make sure it was valid and issued by the Mexican Counsel and the officers may use the card but were not required to do so, he stated. It was left to the officers' discretion, he noted. Council Member Kring commented that it did not make sense to not have identification from the country of origin. Council Member Tait commented on the rally in front of City Hall and voiced his concern about any violence for any purpose at a rally. He asked the Police Chief to make sure that people were protected and could exercise their right to protest on any topic in front of City Hall without worry of confrontation or violence. Police Chief Baker noted that this was the first time that there had been a violent confrontation in a long time and he would look at this and make sure that the Police Department had acted appropriately. He solicited cooperation from any of the people that attended or filed police reports. He said that the Police Department would meet with anyone who wished to file a report with the Department or report a crime of violence and that it would be investigated. He said that the Department's mission was to maintain peace in the community. Mayor Daly asked Chief Baker if any additional information or perspectives came about that it be shared with the Council. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A27: 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. Items A7 and A25 were continued to January T" 123 123 158 179 160 160 160 ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 11, 2001 PAGE 9 8, 2002; Council Member Tait voted no on Item A20 and Council Members Kring and Tait declared a conflict on Item A21. Mayor Daly offered Resolutions Nos. 2001 R-296 through 2001 R-300 and Ordinance Nos. 5794 and 5795 for adoption. Motion carried unanimously. 118 A1. Reject certain claims filed against the City. 117 105 A2. Receive and file the Investment Portfolio Report of November 2001; the Budget Advisory Commission meeting of May 16, 2001; minutes of the Workforce Investment Board meeting of August 9,2001; and minutes of the Investment Advisory Commission meeting of August 21, 2001. 121 A3. Approve two Agreements of Purchase and Sale for settlement of the condemnation of property located at 1057 West Ball Road and transfer the Spaghetti Station property and Pacific Inland property to Pacific Islandia for the Ball Road/West Street Intersection Improvement and Beautification Project and authorize the payment of $1 ,203.329 to Pacific Islandia. A4. Waive Council Policy No. 401 and approve and authorize the Mayor and City Clerk to execute the annual services agreement with Bonterra Consulting, in an amount of $40,000 annually, for a period of two years, for special environmental on-call services and support for Public Works improvement projects. A5. Approve and authorize the Mayor and City Clerk to execute first amendment to the design services agreement with The Keith Companies, for an additional amount of $50,000, for the Tustin Avenue Widening at the SR-91 Freeway Project. A6. Approve and authorize the Mayor and City Clerk to accept a Grant Deed and execute the Land Sale Agreement between the City and the Orange County Transit Authority for certain real property located at the northeast intersection of Alro Way and Clementine Street to construct an administration office and yard area. A7. Approve the Negative Declaration for the Cottonwood Park site, award the contract to the lowest responsible bidder, U.P. Landscape Maintenance, Inc., in the amount of $136,844.64, for the Cottonwood Park development and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Mayor Daly moved, seconded by Council Member McCracken, to approve the request by staff to continue Item A7 to January 8, 2002. Motion carried unanimously. A8. Accept the low bid of Frontier Technology Inc., in an amount not to exceed $249,730.92 (excluding tax), for a SCADA wide area network substation and master networking upgrade in accordance with Bid #6222. A9. Accept the low bid of Atlas-Allied, Inc., in the amount of $38,960 (excluding tax), for a secondary containment for Chlorine Feed Facilities in accordance with Bid #6232. A 10. Waive Council Policy No. 306 and authorize the Purchasing Agent to execute the lease documents, in the total amount of $615,591, to upgrade two Xerox high volume copy machines in Reprographics. ..,- 'r .._...~-_..._.- 123 ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 11, 2001 PAGE 10 A 11. Accept the bid and authorize the execution of an agreement with Sun Belt Landscape & Maintenance, Inc., in an amount not to exceed $327,360 for landscape maintenance of the Anaheim West-City rights-of-way, parkways and berms for a two year period with three one-year optional renewals and authorize the Purchasing Agent to execute renewal options (Continued from the Council meeting of December 4, 2001, Item A 17). 142 A12. ORDINANCE NO. 5796 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding, deleting and amending various chapters, sections and subsections of Title 3 of the Anaheim Municipal Code relating to business licenses. 123 A 13. Approve the First Amendment to Caltrans Public Utilities Agreement No. 12249 to facilitate Caltrans' reimbursement to the Department for additional costs incurred to remove and relocate electrical facilities due to the Interstate 5 widening. 123 A 14. Approve and authorize the Public Utilities General Manager to execute an agreement with PBS & J Corp., in an amount not to exceed $149,651, to provide consulting engineering services in connection with the rehabilitation and replacement of pressure regulating stations. 123 A 15. Approve and authorize the Public Utilities General Manager to execute the First Amendment to Water Supply Intertie Agreement with Yorba Linda Water District for the construction, operation and maintenance of an intertie. 123 A 16. Approve and authorize the Public Utilities General Manager to execute an agreement with URS Corp., in an amount not to exceed $84,195, to provide consulting engineering services in connection with the modifications and improvements to three existing water tanks in east Anaheim. 153 A17. RESOLUTION NO. 2001R-296 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 75R-431, as last amended by Resolution 98R-242, which established a Deferred Compensation Plan for full-time employees, to incorporate new legislation. RESOLUTION NO. 2001 R-297 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 91R-173, as last amended by Resolution 98R-243, which established a Deferred Compensation Plan for part-time employees, to incorporate new legislation. RESOLUTION NO. 2001 R-298 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 98R-244, which established a Deferred Compensation Plan Trust to allow for an increase in the number of Deferred Compensation Committee Members. A18. Approve and authorize the Executive Director of Community Development to execute Amendment NO.3 to the Professional Service Agreement by and between the City and RRM Design Group for ongoing projects, including the design of the Friendship Plaza Improvements in the front of City Hall. 123 106 A19. Approve Community Services Department to carryover expenditure appropriations from the prior fiscal year, in the amount of $456,135. 'T""' t' ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 11, 2001 PAGE 11 123 A20. Approve an agreement with Disneyland, a division of Walt Disney World Co., for the purpose of conducting the Disneyland employee adult softball and basketball programs. Council Member Tait voiced a no vote on Item A20 and noted that there were shortages of gyms and field space for youth at peak hours in the evenings and on weekends and that there were big blocks of time for adult leagues 123 A21. Approve the lease agreement between the City and Pacific Bell Wireless, LLC dba Cingular Wireless authorizing Cingular Wireless to place cell site antennae within the Anaheim Convention Center. Council Members Kring and Tait declared a conflict on Item A21. 123 A22. Approve the Addendum to Agreement with Disneyland Resort, a division of Walt Disney World Co., for paramedic services. 156 A23. RESOLUTION NO. 2001 R-299 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving participation and continuation in the Orange County Service Authority for abatement of abandoned vehicles. RESOLUTION NO. 2001 R-300 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting reserve funds from the Orange County Transportation Authority for the Anaheim Police Department Abandoned Vehicle Abatement Program. Amend the Police Department's fiscal year 2001/2002 budget by increasing revenue and expenditure appropriations in the amount of $55,940. 117 A24. Approve the 2002 Investment Policy received from the City Treasurer's Office. 142 A25. ORDINANCE NO. 5793 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Section 1.05.100 to the Anaheim Municipal Code authorizing designated City Officials to have access to criminal history information to assist in employment and licensing duties (Introduced at the Council meeting of December 4, 2001, Item A22). Council Member Kring voiced her concern about constitutional rights. City Attorney White noted that the recommendation for the ordinance came in conjunction with the Human Resources Department and the Police Department. State law provided that criminal record information and records of convictions of crimes, was not available for non-police enforcement purposes. He said it was not available to other personnel or agencies within the City government for any other purpose. It provided that if the Council, by ordinance, authorized the information to be made available to other City officers or employees for employment purposes, he said that the records could be accessed solely for those purposes. The departments named shared concerns relating to the confidentiality and making sure that any information was not misused. The proposed ordinance was very limiting in the persons who could obtain the information and provided that it was only to be used in connection with decisions relating to employment, he said. People who had access to the information other than the Police Department, he said, would be the hiring authority, meaning the department head, the Human Resources Director, the City Manager and City Attorney. That would enable those individuals to make a decision as to whether a particular criminal conviction was materially related or should affect the 'r ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 11, 2001 PAGE 12 employment decision, he said. He said that it was for, in certain instances, where crimes were committed that may relate to the public security or safety and the job that the person had been employed for and it stemmed out of a concern since the September 11 th incident, and he added that there were other reasons why Council would want to have the information available as part of the employment process and said that it was a policy call for the Council. Council Member Kring asked if there were examples from the past that led up to the ordinance and City Attorney White stated that there had been cases that had been discovered. He noted that on an employment application, people were asked to reveal convictions for all crimes and the ordinance would be an incentive to people knowing that there was a way to check the information. He mentioned post employment and said that if there was an employee that was convicted and it was for a crime directly involved with the City, it may effect the decision on whether the person is a fit employee and the information would be appropriate to have. He added that the information could be used as another tool in making decisions regarding employment. In response to Council Member Feldhaus, City Attorney White stated that currently, the Council would not be part of the process in getting that information. He said that with the four Council appointees, the Council would have that information. The City Manager or individual departments would have the information because there should be the smallest group of people with the information for confidentiality, he said. City Attorney White said that the information would be revealed to the hiring authority. Mayor Daly asked who would see the information when hiring a new department head and Assistant City Manager Morgan said that the information would be given to the Police Chief, City Attorney, Human Resources Director, City Manager and the hiring authority. In the case of a department head, he said, the hiring authority would be the City Manager if it was not a Council appointee. Mayor Daly asked if there would be a criminal background check on every applicant for every City position and any vacant position. City Attorney White said that the ordinance did not require that and how it was implemented, he added, was up to the departments, City Manager and Human Resources Director. Mayor Daly asked how much additional cost there would be since the information would have to originate with the Police Department. Assistant City Manager Morgan said that new employees were currently processed when they obtained City identification. He said he would have to verify that the Police Department was reviewing records today. The problem was that the Police Department was not in a position to share information beyond the Police Department. Every City employee should be reporting and obtaining an identification, he said. There had been examples where that had not been taking place and since the September 11 th incident, he said that there was an added responsibility to make sure the City was doing proper background checks. Mayor Daly said he had asked at the last meeting for a periodic report from the City Manager as to the progress of the new system. He asked to understand better the difference between what was now being done and what was being proposed and he asked for the difference in writing. Assistant City Manager Morgan stated that staff would bring back a recommendation to Council regarding exactly who would be included and how it worked. City Attorney White stated that a ..,.... r ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 11, 2001 PAGE 13 report could be brought back to Council on how this would operate and what the cost would be, if any. Council Member Kring voiced her concerns and Mayor Daly asked if there were any prohibitions on hiring persons with a criminal record. Assistant City Manager Morgan said that the City job application form indicated that conviction of a felony did not disqualify a person. Mayor Daly moved, seconded by Council Member Kring, to continue Item A25 to January 8, 2002. Motion carried unanimously. 142 A26. ORDINANCE NO. 5794 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Subsections .011 and .012 of Section 18.06.050 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code relating to parking (Introduced at the Council meeting of December 4,2001, Item A25). 142 A27. ORDINANCE NO. 5795 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 16.24.010 of Chapter 16.24 of Title 16 of the Anaheim Municipal Code relating to paramedic fees (Introduced at the Council meeting of December 4,2001, Item A31). END OF CONSENT CALENDAR 106 A28. Consider additions and/or deletions to the budget for the fiscal year 2001/2002. In response to Mayor Daly, Assistant City Manager Morgan stated that one-week after the September 11th incident, the City Manager had sent out a memo to curtail all but necessary travel. He said that the budget would be discussed in general in mid-January. He noted that Council had received a report generally outlining the projections and some possible solutions. Mayor Daly requested a progress report on the spending side of traveling due to the reduction of City revenues. 114 A29. Nominate and appoint one Council Member to serve as Mayor Pro Tern for one year (Continued from the Council meeting of November 13, 2001, Item A23). Mayor Daly moved the appointment of Council Member Frank Feldhaus as Mayor Pro Tern, seconded by Council Member McCracken. Council Member Tait moved the appointment of Council Member Shirley McCracken as Mayor Pro Tern, seconded by Council Member Kring. Mayor Daly moved that nominations be closed, seconded by Council Member Kring. Motion carried unanimously. Council Member Feldhaus: Ayes - 3, Mayor Daly and Council Members Feldhaus and McCracken. Noes - 1, Council Member Kring. Abstain - 1, Council Member Tail. Council Member McCracken: Ayes - 3, Council Members Kring, McCracken and Tail. Noes- 1, Mayor Daly. Abstain - 1, Council Member Feldhaus. Due to a tie vote, Mayor Daly moved to continue Item A29 to January 8, 2002, seconded by Council Member Kring. Motion carried. r r ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 11, 2001 PAGE 14 Due to the tie vote, Council Member Kring nominated Council Member Tait as Mayor Pro Tem. Council Member Tait asked to have his name withdrawn. 124 A30. Nominate and appoint a member to the Community Center Authority to fill the vacancy of JoAnn Barnett for a non-established term (Continued from the Council meeting of November 13, 2001, Item A24). Mayor Daly moved, seconded by Council Member Kring, to continue Item A30 to January 8, 2002. Motion carried unanimously. A31. Nominate and appoint a member to fill the vacancy on the Senior Citizen Commission, 105 term to expire June 30, 2002 (Continued from the Council meeting of December 4,2001, Item A40). Mayor Daly moved, seconded by Council Member Kring, to continue Item A31 to January 8, 2002. Motion carried unanimously. 173 A32. Based upon the evidence and testimony presented, determine the final score and ranking for the five taxicab franchise proposals. To consider the grant of up to three non-exclusive franchises for the purpose of operating taxicab services in the City pursuant to City Charter Section 1401 and Anaheim Municipal Code Chapter 4.73. Mayor Daly moved, seconded by Council Member McCracken, to approve the request of American Livery, Inc. dba American Taxi to withdraw its proposal. Motion carried. Council Member Tait voted no. Mayor Daly moved, seconded by Council Member McCracken, to approve the final ratings and rankings of the taxicab franchise proposals submitted to the City on or before October 30, 2000. Amended to reflect the City Attorney's language which was in light of the withdrawal of American of its proposal, it would be in order to rate their proposal as zero or withdraw it entirely from the list so that they would no longer be number four out of five proposals. Motion carried. Council Member Tait voted no. A. Approve the application of Yellow Cab Company of Northern Orange County for a non-exclusive franchise for the operation of 130 taxicabs and temporary permits for up to 30 additional taxicabs pursuant to the terms and conditions set forth in the applicant's proposal (Continued from Council Meetings of April 17, 2001, Item A48, June 12, 2001, Item C1; July 10,2001, Item C1; July 24,2001, Item A30; August 7,2001, Item A24; October 16, 2001, Item A25; and November 13, 2001, Items A27). Mayor Daly moved, seconded by Council Member McCracken, to approve the CEQA Finding of Categorically Exempt, Class 1. Motion carried. Council Member Tait voted no. Mayor Daly moved, seconded by Council Member McCracken, to approve the overruling of all protests and directing the City Attorney to prepare an ordinance awarding a taxicab franchise to Yellow Cab Company of Northern Orange County. Motion carried. Council Member Tait voted no. 'T"" ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 11, 2001 PAGE 15 C. Approve the application of A White and Yellow Cab dba A Taxi Cab for a non- exclusive franchise for the operation of 50 taxicabs and temporary permits for up to 30 additional taxicabs pursuant to the terms and conditions set forth in the applicant's proposal (Continued from Council Meetings of April 17 , 2001, Item A48, June 12, 2001, Item C1; July 10,2001, Item C1; July 24,2001, Item A30; August 7,2001, Item A24; October 16, 2001, Item A25; and November 13, 2001, Items A27). Mayor Daly moved, seconded by Council Member McCracken, to approve the CEOA Finding of Categorically Exempt, Class 1. Motion carried. Council Member Tait voted no. Mayor Daly moved, seconded by Council Member McCracken, to approve the overruling of all protests and directing the City Attorney to prepare an ordinance awarding a taxicab franchise to A White and Yellow Cab dba A Taxi Cab. Motion carried. Council Member Tait voted no. D. Approve the application of Cabco, Inc. dba California Yellow Cab for a non-exclusive franchise for the operation of 50 taxicabs and temporary permits for up to 30 additional taxicabs pursuant to the terms and conditions set forth in the applicant's proposal (Continued from Council Meetings of April 17, 2001, Item A48, June 12, 2001, Item C1; July 10, 2001, Item C1; July 24,2001, Item A30; August 7,2001, Item A24; October 16, 2001, Item A25; and November 13, 2001, Items A27). Mayor Daly moved, seconded by Council Member McCracken, to approve the CEOA Finding of Categorically Exempt, Class 1. Motion carried. Council Member Tait voted no. Mayor Daly moved, seconded by Council Member McCracken, to approve the overruling of all protests and directing the City Attorney to prepare an ordinance awarding a taxicab franchise to Cabco, Inc. dba California Yellow Cab. Motion carried. Council Member Tait voted no. In response to Council Member Kring, City Attorney White said that the process in place when the request for proposals was sent out to companies who were interested in providing service, provided that the minimum number of taxis to be awarded to a company would be not less than 50 nor more that 130. The proposals that came back, he said, were within those perimeters and he was concerned that changing the number awarded below the minimum that was provided in the request for proposal, would allow someone that did not apply for a franchise, as well as a taxi, to challenge the process. He added that Council could redo the request for proposal and come up with different numbers if they chose to, but the numbers that were currently being worked with would provide a minimum award of 50. City Attorney White said that within these numbers, the request for proposal provided that no company need put on the street more than 85 percent of its franchise allotment. Out of 50 cabs, he said, 85 percent would be approximately 42 cabs and one year from now, the City would have to do a study and come back and determine whether there was still a need for 130 or whether the need was lower or greater. Council Member Tait said that this amount could not be adjusted right now and all that could be done was to accept it or not accept it. One of the criteria was financial stability and he noted that the process did not work. He asked to throw the whole thing out and start all over again. Mayor Daly said he disagreed with Council Member Tait and that the process was fair and reasonable and the standards were very clear up front. It allowed for a reasonable amount of competition, he said, and service to the public would be increased as a result of the franchises. r t' ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 11, 2001 PAGE 16 He said that staff had worked in good faith to address the concern and had brought a recommendation to Council that accomplished a solution. City Attorney White stated that the Council action required the Attorney's Office to prepare three ordinances awarding the franchises and this would appear at the January 8, 2002 Council meeting. Items B1 throuQh B6 From PlanninQ Commission MeetinQ of December 3. 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 DECEMBER 26, 2001: B1. 179 CONDITIONAL USE PERMIT NO. 2001-04366 WAIVER OF CODE REQUIREMENT AND MITIGATED NEGATIVE DECLARATION: OWNER: Living Stream, A California Non-Profit Corporation 2431 West La Palma Avenue, Anaheim, CA 92801 AGENT: John Pester, 2431 West La Palma Avenue Anaheim, CA 92801 LOCATION: 2411 - 2461 West La Palma Avenue and 1212 North Hubbell Way. Property is approximately 40.4 acres located at the northwest corner of La Palma Avenue and Gilbert Street, and at the northern terminuses of Hubbell Way and Electric Way (Living Stream Ministry and former Hubbell Site). To permit a teleconferencing center and private conference/training center with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2001-04366 granted (PC2001-167) (6 yes votes, Commissioner Bostwick absent). Waiver of Code Requirement approved. Mitigated Negative Declaration approved. In response to Council Member Feldhaus, Zoning Division Manager, Greg Hastings, said that it would be an active, unmanned area, where there was telecommunications equipment serving a much larger area than the City. This would be a sublease, he said, and it would be on the trunk line and fiber optic line that existed and it would be a perfect location for it. ,.... In response to Mayor Daly, Planning Director, Joel Fick, that if this was a use that was a sublease and was not in an exempt situation, it should be paying property taxes. Mayor Daly asked staff to follow up and inform Council as to the zoning. Director Fick announced that the Executive Director of Community Development, Elisa Stipkovich, confirmed that it was a sublease on the property. There were portions of the property that did not pay taxes, said Planning Director Fick, when the original conditional use permit was approved by Council and there were administrative related issues. Mayor Daly requested that a written answer be brought back to Council regarding the economic impacts of the property to the City. Executive Director of Community Development, Elisa Stipkovich, said that Community Development had met with the Living Stream Ministry and they were provided with a tour of the property. She said that there was a portion of the property that was exempt from property taxes and she would check with the County Tax Assessor to see if that was still the case. She added that most of the property was subleased for commercial uses and therefore there was ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 11, 2001 PAGE 17 possessory interest tax being paid. She said that to her knowledge, the majority of it did pay property taxes. Planning Director Fick said that he would coordinate a report back to Council. B2. CONDITIONAL USE PERMIT NO. 2001-04465 179 WAIVER OF CODE REQUIREMENT CATEGORICALLY EXEMPT - CLASS 1: OWNER: Santa Ana Canyon Associates, 1300 Quail Street, Unit 106 Newport Beach, CA 92660 AGENT: Brian S. Kim, 20202 Village Green Drive Lakewood, CA 90715 LOCATION: 5642 East La Palma Avenue. Property is approximately 3.2 acres located south of the southwest corner of La Palma Avenue and Imperial Highway. Request to permit a computer rental and internet access business with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2001-04465 granted (PC2001-168) (4 yes votes, Commissioners Arnold and Vanderbilt voted no and Commissioner Bostwick absent). Waiver of Code Requirement denied (5 yes votes, Commissioner Vanderbilt voted no and Commissioner Bostwick absent). B3. CONDITIONAL USE PERMIT NO. 2001-04467 179 WAIVER OF CODE REQUIREMENT CATEGORICALLY EXEMPT - CLASS 1: OWNER: Anaheim Interfaith Shelter, P. O. Box 528 Anaheim, CA 92815 AGENT: Anaheim Interfaith Shelter, Attn: Cindy Floriani P. O. Box 528, Anaheim, CA 92815 LOCATION: 624 North Anaheim Boulevard. Property is approximately 0.17-acre with a frontage of 54 feet on the east side of Anaheim Boulevard, located 90 feet south of the centerline of Wilhelmina Street. Request to permit an extended hours pre-school and infant care facility for up to 32 children with waiver of minimum number of required parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit granted (PC2001-169) (5 yes votes, Commissioner Boydstun abstained and Commissioner Bostwick absent). Waiver of Code Requirement approved (5 yes votes, Commissioner Boydstun abstained and Commissioner Bostwick absent). B4. CONDITIONAL USE PERMIT NO. 4035 179 AND NEGATIVE DECLARATION: OWNER: Alex Bahrami, 24895 Stonegate Lane Laguna Niguel, CA 92677 AGENT: Jay Dee Alabastro, 331 North State College Boulevard Anaheim, CA 92806 LOCATION: 329-331 North State ColleQe Boulevard. Property is approximately 0.37- acre with a frontage of 158 feet on the west side of State College Boulevard located 150 feet south of the centerline of Redwood Avenue (Kris Kars). Requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on December 5,2000 to expire on 'T'"" f' ..,,-~' .~.-'<.-.-.,-~._~- ..",_..", 'W__ ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 11, 2001 PAGE 18 B5. 179 December 5,2001) to retain an existing automotive sales lot with a maximum of five (5) display vehicles. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement of Conditional Use Permit No. 4035 for three years to expire on December 5,2004 (PC2001-170) (6 yes votes, Commissioner Bostwick absent). Negative Declaration previously approved. CONDITIONAL USE PERMIT NO. 3532 AND NEGATIVE DECLARATION: OWNER: Sun belt Corporate Center, C/O Sunbelt Management Company, 220 Congress Park Drive, Suite 215 Delray Beach, FL 33445 AGENT: Three Brothers III. Inc., Attn: Steve Silverstein 2036 North Tustin Street, Orange, CA 92865 LOCATION: 5570-5572 East Santa Ana Canyon Road. Property is approximately 10.63 acres located at the southwest corner of Santa Ana Canyon Road and Imperial Highway. Request to expand a previously-approved semi-enclosed restaurant with beer and wine sales for on-premises consumption and an amusement arcade. ACTION TAKEN BY THE PLANNING COMMISSION: Approved expansion of Conditional Use Permit No. 3532 (PC2001-171) (6 yes votes, Commissioner Bostwick absent). Negative Declaration previously approved. REPORTS AND RECOMMENDATIONS: 179 B6. CONDITIONAL USE PERMIT NO. 2001-04350 AND NEGATIVE DECLARATION: Meta Housing Corporation, Attn: Sean Clark, 4100 West Alameda Avenue, #205, Burbank, CA 91505, requests review and approval of final building, elevations, colors and materials, landscaping, signage, lighting, mechanical equipment and patio plans in conjunction with a proposed 34-unit affordable senior citizens apartment complex (935 South Gilbert Street). ACTION TAKEN BY THE PLANNING COMMISSION: Approved final plans of Conditional Use Permit No. 2001-04350, with stipulations (6 yes votes, Commissioner Bostwick absent). 175 r- 6:00 P.M. Public HearinQs: C1. To consider the approval of the creation of Underground District No. 45 (State College Boulevard between South of Vermont Avenue to South of Cerritos Avenue) in accordance with the requirements of Chapter 17.24 of Title 17 of the Anaheim Municipal Code relating to Underground Utilities. Public Utilities Deparment, Principal Electric Systems Designer, Robert Templeton was present and had nothing to report. Mayor Daly opened the public hearing and hearing no testimony, closed the public hearing. Mayor Daly offered Resolution No. 2001 R-301 for approval. '" ..- -....-.- .--.." ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 11, 2001 PAGE 19 RESOLUTION NO. 2001 R-301 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM creating Underground District No. 45 (State College Phase II). Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes - O. Motion carried. C2. 179 CONTINUED PUBLIC HEARING CONDITIONAL USE PERMIT NO. 2001-04415 AND NEGATIVE DECLARATION: OWNER: Southern California Edison 2244 Walnut Grove Avenue #290, Rosemead, CA 91770 AGENT: Tetra Tech Wireless, Attn: Lorena Martinez 357 Van Ness Way, Suite 150, Torrance, CA 90501 LOCATION: 1621 South Euclid Street. Property is approximately 4.98 acres with a frontage of 170 feet on the west side of Euclid Street located 355 feet south of the centerline of Cris Avenue. To permit a telecommunications antenna on an existing electrical transmission tower and accessory ground-mounted equipment. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2001-04415 granted for five years to expire on September 10,2006 (PC2001-131) (6 yes votes, Commissioner Koos abstained). Negative Declaration approved. (Review of the Planning Commission decision requested by Mayor Daly and Council Member McCracken at the Council meeting of October 2, 2001, Item B5. Continued from the Council meeting of November 6,2001, Item C4). Council Member Tait declared a conflict of interest on Item C2 and C3 and left the Council diazo Mayor Daly noted that the applicant was not present. Council Member Kring said that the Planning Department had worked with the applicant and since Planning was very comfortable with the proposal, that could be why the applicant was not present. Planning Director Fick stated that the staff had worked directly with the applicants during the past week and he noted that they were aware of the hearing. Mayor Daly opened the public hearing and asked if anyone was present to speak. Hearing no public testimony, Mayor Daly closed the public hearing. In response to Council Member McCracken, Planning Director Fick stated that Items C2 and C3 had been in process for some time and because of the number of applications that the City received for telecommunications facilities, there had been substantial discussion regarding telecommunications facilities at both Planning Commission and City Council, he added. He noted that it was staff's viewpoint that they try to have stealth facilities whenever possible and that in these instances, they did demonstrate during the process that these were the only and best aesthetic alternatives within the search rings that they had. He said that they were flush mounted with the frame of the tower itself and they were painted to match the towers. On Item C3, he said, there were enhancements provided to the very small facility at the base of the structure. He noted that Items C2 and C3 had five-year time limitations and based upon that, ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 11, 2001 PAGE 20 these were the best alternatives that existed in the short term for the next five years. He said that Items C2 and C3 were both enhanced structures at the bases and Item C3 was changed from what the Planning Commission had seen. Mayor Daly asked if the Edison easement near Euclid Street and Katella Avenue was the same one proposed for recreational vehicle storage and he asked what the status was of the project. Planning Director Fick said that the time limitation had run out on the project. He said the he did not know what Edison's plans were for this particular parcel since it currently exists as a nursery. He reported to Council that staff was actively working with Edison and reviewing open space and recreational opportunities on all of the sites citywide and there had been active discussions with Edison. Staff was reviewing maps on an interdepartmental basis, he added. Mayor Daly asked if Planning Department was satisfied with the appearance of the nursery operation off of Katella Avenue. Director Fick said that one of the things that Planning Department was doing was proposing enhanced landscaping requirements on all of the easements or owned properties that front onto the arterial highways. He said that Planning was looking at the recreation and trail opportunities as priorities on any of the parcels that had promise. Mayor Daly asked if the item was conditioned to add landscaping along the arterial frontage and Director Fick said that this item was discussed at the Planning Commission meeting and was not. He said that it was a nursery and this particular tower was located sixty feet back and it was not discussed. In response to Mayor Daly, he added that Edison was not required as part of this application to add landscaping on Euclid Street to the easement. With regard to the Citywide holdings, Director Fick stated that there had been discussions and the Planning Department was focused particularly on the land use related aspects of all of the easements and properties. He added that there were also development opportunities on other parcels where it did not make sense for recreational trails and staff was looking at both aspects of it. Mayor Daly asked if there were any assurances from Edison before these items were approved or would there be benefit of further communication with Edison and Council could continue the two hearings. Director Fick stated that approval was recommended to Council and Planning Commission had recommended approval on both Items C2 and C3. He said that the reason that they did not focus on frontage landscaping, was that it was set back about 145 feet and was 60 feet. That was why they had not focused on frontage landscaping, he added. Council Member McCracken said that she believed that Items C2 and C3 satisfied the needs and that part of the community had problems with phone communication. Mayor Daly asked if there were any more telecommunication facilities being processed on Edison easements. Planning Director Fick responded that to the best of his knowledge there may be one more coming in and this was the tail end of the series of telecommunications facilities. Council Member McCracken said that in five years, telecommunications companies may be looking to replace the technology with something that was more sophisticated and less visible. Mayor Daly moved, seconded by Council Member McCracken, to approve the CEQA Finding of Negative Declaration. Council Member Tait abstained. Motion carried. Mayor Daly offered Resolution No. 2001 R-302 approving Conditional Use Permit No. 2001- 04415 with all the conditions recommended by the Planning staff. r ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 11, 2001 PAGE 21 RESOLUTION NO. 2001 R-302 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2001-04415. Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus and Kring. Noes - O. Abstain - 1, Council Member Tait. Motion carried. C3. CONTINUED PUBLIC HEARING 179 CONDITIONAL USE PERMIT NO. 2001-04416 AND NEGATIVE DECLARATION: OWNER: Southern California Edison, 2244 Walnut Grove Avenue #290, Rosemead, CA 91770 AGENT: Tetra Tech Wireless, Attn: Lorena Martinez 357 Van Ness Way, Suite150, Torrance, CA 90501 LOCATION: 2719 West Ball Road. Property is approximately 8.3 acres with frontages of 265 feet on the north side of Ball Road and 265 feet on the south side of Stonybrook Drive located 159 feet west of the centerline of Sherrill Street. To permit a telecommunications antenna and accessory ground-mounted equipment. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2001-04416 granted for five years to expire on September 10, 2006 (PC2001-132) (5 yes votes, Commissioner Vanderbilt voted no and Commissioner Koos abstained). Negative Declaration approved. Review of the Planning Commission decision requested by Mayor Daly and Council Member McCracken at the Council meeting of October 2, 2001, Item B6. Continued from the Council meeting of November 6, 2001, Item C5). Mayor Daly opened the public hearing and hearing no testimony, closed the public hearing. Refer to Item C2 about comments made in connection with Item C3 - Conditional Use Permit 2001-04416. Planning Director, Joel Fick, announced that there was one change and it was because of the enhancement with the proposal, the Planning Commission proposed a condition pertaining to chain link fencing and slatting and now the equipment would be contained within the building and the condition would no longer be necessary. Mayor Daly moved, seconded by Council Member McCracken, to approve the CEQA Finding of Negative Declaration. Council Member Tait abstained. Motion carried. Mayor Daly offered Resolution No. 2001 R-303 approving Conditional Use Permit No. 2001- 04416 with all the conditions suggested by the Planning staff and Planning Commission. RESOLUTION NO. 2001 R-303 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2001-04416. Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus and Kring. Noes - O. Abstain - 1, Council Member Tait. Motion carried. 179 C4. VARIANCE NO. 2001-04460 CATEGORICALLY EXEMPT - CLASS 1: .--r-- 1" ....-...... ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 11, 2001 PAGE 22 OWNER: South Street LLC, 901 E. South Street, Anaheim, CA 92805 AGENT: Brian Van Patten, HPA Inc., 4931 Birch Street Newport Beach, CA 92660 LOCATION: 901 East South Street. Property is 20.44 acres having frontages on 561 feet on the north side of South Street and the south side of Santa Ana Street with a maximum depth of 1,596 feet located 590 feet west of the centerline of East Street. Waiver of minimum number of parking spaces and a maximum fence height to permit and retain existing accessory outdoor storage of trucks and trailers and an 8-foot high wrought iron fence within the required front yard setback of an industrial property in the ML (Limited Industrial) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 2001-04460 approved, in part, waiver of fence height denied (ZA2001-41). (Letter of appeal submitted by Martin A. Cymbal with Freeman Decorating, citizen in proximity of property). Larry Stoddard, Freeman Companies, said that the truck part was approved and the fence in the front of the facility was in question. He stated that they were asking for a variance on the fence size and location due to several unique factors of the property and industry. Freeman was a national trade show and convention contractor that worked with a majority of the larger events that came to the City, he noted. The security with the convention industry was the reason for the fence and when the fence was originally placed there, he said, there were concerns about the neighborhood and the amount of school children that go down that street since they were within a feet of a school and the amount of traffic in their parking areas. The fence was put up as a safety measure for both appearance to protect landscaping and to help protect the children in the neighborhood, he said. The fence helped give an aspect of security to the property that helped sell the Anaheim market to clients. He said that the materials that came in and out of the facility, such as trucks and crates, were subject to security prior to going to the convention centers. He said that Freeman asked that the fence remain and the company was working with Zoning to see if alterations needed to be made and they were willing to do that. Freeman would like some type of a fence there with the possibility of working with the City in the future to add gates if it was necessary to obtain further security, he said. There was a facility across the rail road tracks, prior to renovating the current facility and across the tracks, Freeman had a lot of security issues such as vandals, children wandered in the lot at all hours and it was a safety and security concern. He noted that the company had spent millions of dollars renovating the facility to make it one of the nicer areas in the neighborhood and the fence that was installed was the top of the line and was as close to transparent as possible. He told Council that the Freeman property was one of the most attractive in the area and landscaping had been installed behind the fence. He asked that Council or Zoning work with Freeman on moving the fence and he added that they would be willing to adjust the fence and obtain some type of a variance. Mayor Daly asked if it was a height or location issue and Mr. Stoddard said it was both and he said he believed it was supposed to be ten feet back and because of having existing property there, there was not ten feet to work with. The height, he said, was to be three feet according to Zoning and the fence was five to six feet high. He said that if a three-foot fence was done, it would not keep the children or anyone else out of the property. Planning Director Fick said that the business had done a great job with the renovation since it had been an existing non-conforming building. He said that a fence this high would need to be set back twenty-five feet and he suggested and encouraged the applicant to move the fence on the back side of the landscaping. Director Fick said it would still require the variance and would also solve and address the City's landscaping desire to have the front landscaping in front of the ..,..... ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 11, 2001 PAGE 23 fence. He said that there were some small light issues and those had been inspected out in the field and Director Fick stated that the Planning Department could work with Freeman on that. Mr. Stoddard stated that Freeman was very agreeable to working with the Planning Department. Freeman was able to work out among the existing property for sprinkler systems and lighting. He said it was Freeman's intention to continue to make the facility look good, which was a benefit to the City. Mayor Daly said that this would require the movement of the fence and Director Fick said it would allow for close to eight feet of landscaping in the front and would improve the non- conforming situation. He noted that the applicant desired to work with Traffic Engineering on some gates for security for the convention-related business that they had. Mayor Daly said that this would result in a six-foot high wrought-iron fence eight-feet from the sidewalk and Director Fick said with landscaping in front of that fence. Mr. Stoddard said that the eight-feet of landscaping was an approximation since that may fluctuate a bit. Mayor Daly closed the public hearing. Director Fick recommended that the application pending before Council be approved with the six-foot high wrought iron fence to be relocated to the rear of the landscaped planter along South Street, which landscaped area was approximately eight-feet deep, and that the fence may curve around the six existing light standards in the planter. Within a period of three months from the date of the resolution, the petitioner shall submit a plan to the Planning Department for review and approval showing the wrought iron fence as proposed to be relocated in the landscaped planter along South Street. Subject to concurrence by Planning staff, relocation of the fence may be adjusted to accommodate equipment in the planter, such as irrigation sprinkler controls, and existing landscaping in the planter may be relocated to accommodate the fence. Mayor Daly moved to approve the language as suggested by the Planning Director and he moved to approve the CEQA Finding of Categorically Exempt, Class 1, seconded by Council Member McCracken. Motion carried unanimously. Mayor Daly offered Resolution No. 2001 R-304 for adoption. RESOLUTION NO. 2001 R-304 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2001-04460. Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait and Kring. Noes - O. Motion carried. C5. ADDENDUM TO THE POINTE ANAHEIM INITIAL STUDY AND MITIGATED 179 NEGATIVE DECLARATION/MITIGATION MONITORING PLAN NO. 004 GENERAL PLAN AMENDMENT NO. 393 AMENDMENT NO.5 TO THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 (INCLUDING AMENDMENTS TO THE LAND USE PLAN. DESIGN PLAN. AND ZONING AND DEVELOPMENT STANDARDS) ~ .. ...._ .,..._~ .._....._ _.0... ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 11, 2001 PAGE 24 AMENDMENT NO.3 TO THE ANAHEIM RESORT PUBLIC REALM LANDSCAPE PROGRAM AMENDMENT TO CONDITIONAL USE NO. 4078 WAIVER OF CODE REQUIREMENT FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-1: OWNERS: Price Enterprises, Inc., c/o Excel Legacy Corporation Attention: William J. Stone, 16955 Via Del Campo, Suite 240 San Diego, CA 92127 Zaby Motor Lodge, Attention: Angelo Zaby and Thomas Zaby 444 West Katella Avenue, Anaheim, CA 92801 Francis A. Ursini, Joanne T. Christian, 1804 Hummingbird Drive Costa Mesa, CA 92627 Pyrovest Corporation, Attention: Jeff Kok, President 1101 East Garvey Avenue, Suite 208, Monterey Park, CA 91755 City of Anaheim, Attention: Elisa Stipkovich, Community Development Director, 201 South Anaheim Boulevard, Anaheim, CA 92805 AGENT: Anaheim Center for Entertainment, LLC Attention: Robert H. Shelton, 11 Keats Court, Coto de Caza, CA 92679 LOCATION: 400 West Disnev Way. 1737 South Clementine Street. 1755 South Clementine Street. 1700 South Harbor Boulevard. 301 West Katella Avenue. and 401 - 409 West Katella Avenue. The irregularly-shaped project area, which is located in the Anaheim Resort™, consists of approximately 29.1 acres located between Harbor Boulevard and Clementine Street, and Disney Way and Katella Avenue. It has approximate frontages of 1,500 feet on the south side of Disney Way between Harbor Boulevard and Clementine Street, 1,185 feet on the west side of Clementine Street between Disney Way and Katella Avenue (excluding Fire Station NO.3 at 1713-1717 South Clementine Street), 728 feet on the north side of Katella Avenue between Clementine Street and a point 771 feet west of the centerline of Clementine Street, and 585 feet on the east side of Harbor Boulevard between Disney Way and a point 615 feet south of the centerline of Disney Way. Request for approval of an amendment to the Pointe Anaheim Lifestyle Retail and Entertainment Complex to permit the following: 634,700 gross square feet of retail/dining/entertainment uses, which includes a 94,000 square foot aquarium; up to four hotels comprising a maximum of 1,662 hotel rooms/suites (of which up to 200 units may be vacation ownership resort units) with approximately 322,071 gross square feet of related accessory uses of which up to 178,120 gross square feet on top of the parking structure may be used for a hotel conference center (the hotel rooms/suites and accessory uses would encompass a maximum of 1,370,711 gross square feet); and a 1,949,800 gross square foot parking structure with up to 4,800 striped parking spaces (the minimum number of striped parking spaces would be 3,752) and 15 bus spaces with a 10,200 square foot bus terminal/facility for airport transport and to/from sightseeing venues. The development of Pointe Anaheim, as proposed to be modified, would take place in up to five phases. Addendum to the Initial Study and Mitigated Negative Declaration/Mitigation Monitoring Plan No. 004: Request for approval of the Addendum to the Mitigated Negative Declaration/Mitigation Monitoring Plan No. 004, which addresses the proposed modifications to the Pointe Anaheim project, including development in up to five phases. General Plan Amendment No. 393: Request to amend the Land Use Element to reflect the description of the Pointe Anaheim project as it is proposed to be modified. Amendment No.5 to the Disneyland Resort Specific Plan No. r ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 11, 2001 PAGE 25 92-1: Request to amend the Pointe Anaheim Overlay to describe the Pointe Anaheim project as it is proposed to be modified, as an integrated, mixed use development. The Specific Plan Amendment includes text and exhibit changes throughout the document to reflect the proposed modifications to the Pointe Anaheim project including, but not limited to, the following: . Amendment to the Land Use Plan to modify the project description including development in up to five phases. . Amendment to the Design Plan to modify the conceptual plans depicting the layout of the Pointe Anaheim project, to add a Phasing Diagram, to modify the requirements for interior setback landscaping adjoining The Anaheim Resort Specific Plan No. 92- 2 zoning and for landscaping along the perimeter of parking facilities, and to permit a median break on Disney Way for vehicle access to and from Pointe Anaheim. . Amendment to the Zoning and Development Standards to add vacation ownership resort units, aquariums, on-site and off-site directional signs, and murals as conditionally permitted uses. Amendment No.3 to The Anaheim Resort Public Realm Landscape Program: Request to modify the landscape concept plans for Disney Way (former Freedman Way) to permit a signalized median break on Disney Way between Harbor Boulevard and Clementine Street to provide vehicle ingress and egress to the Pointe Anaheim project. Amendment to Conditional Use Permit No. 4078: Request to amend Conditional Use Permit No. 4078 to modify the land uses and maximum square footages of the Pointe Anaheim Lifestyle Retail and Entertainment Complex including development in up to five phases, to modify the waiver of minimum number of parking spaces, and to amend the conditions of approval to reflect the project modifications. First Amended and Restated Development Agreement No. 99-1 between the City of Anaheim and Excel Pointe Anaheim, LLC: Request for consideration of the First Amended and Restated Development Agreement No. 99-1 vesting certain project entitlements and addressing implementation of the Pointe Anaheim project, as proposed to be modified, including development in up to five phases. The Planning Commission's role is to look at the land use aspects of the Agreement, specifically whether to make a recommendation to the City Council that the eligibility criteria has been met and whether the findings in Section 2.3 of Exhibit A of Resolution No. 82R-565 can be made. ACTION TAKEN BY THE PLANNING COMMISSION: Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration/Mitigation Monitoring Plan No. 004 approved (PC2001-159) (7 yes votes). Recommended adoption of General Plan Amendment No. 393 (PC2001-160). Recommended adoption of Amendment NO.5 to the Disneyland Resort Specific Plan No. 92-1 (PC2001-161). Recommended adoption of Amendment NO.3 to the Anaheim Resort Public Realm Landscape Program (PC2001-162). Amendment to Conditional Use Permit No. 4078 approved (PC2001-163). Waiver of Code Requirement approved. Determined that the development proposed meets the criteria for entering into the First Amended and Restated Development Agreement No. 99-1 (PC2001-164). Mayor Daly noted that there had been a staff recommendation to continue the item as well as a request from the applicant to continue. City Attorney White stated that staff concurred with the request from the applicant so that it could be in conjunction with one other document that was still being negotiated. Mayor Daly moved, seconded by Council Member McCracken, to continue Item C5 to T"" ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 11, 2001 PAGE 26 January 8, 2002. Motion carried unanimously. Report on Closed Session Actions: None. Council Communications: Council Members wished everyone a happy and safe holiday. Council Member Kring congratulated City Manager Jim Ruth for his 45 years of public service. Council Member Feldhaus reported on the recent tree Iightings at Twila Reid and Rancho Las Palmas neighborhood at John Marshall. Mayor Daly noted that he had heard citizen complaints about the lack of activity on the street widening project at Ball Road and Euclid Avenue. He asked for a report back from the City Manager and asked what other approaches could be taken. City Manager to report back to Council. Adjournment: There being no further business to come before the City Council, Mayor Daly adjourned the meeting at 8:35 P.M. Respectfully submitted: ~xtL-L'.~ Sheryll Schroeder, CMC/AAE City Clerk "I