The URL can be used to link to this page

2002/05/21 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING ADJOURNED REGULAR MEETING OF MAY 14, 2002 HELD MAY 21,2002 The City Council of the City of Anaheim met in regular session. PRESENT: Mayor Tom Daly, Council Members: Frank Feldhaus, Tom Tait and Shirley McCracken. ABSENT: Council Member Lucille Kring STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, City Clerk Sheryll Schroeder, Public Utilities General Manager Marcie Edwards, Public Utilities Principal Electrical Systems Designer Robert Templeton, Executive Director of Community Development Elisa Stipkovich, Executive Director of Convention/Sports and Entertainment Greg Smith, Community Services Director Chris Jarvi, Parks Superintendent Jack Kudron, City Librarian Carol Stone, Recreation Superintendent Terry Lowe, Public Utilities Assistant General Manager Water Services Donald Calkins, Executive Director of Planning and Community Development Joel Fick and Housing Manager Bertha Chavoya. A copy of the agenda for the meeting of the Anaheim City Council was posted on May 17, 2002 at the City Hall inside and outside bulletin boards. Mayor Pro Tem Frank Feldhaus called the adjourned regular meeting to order at 2:05 P.M.. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. Mayor Daly entered the Council Chambers at 2:14 P.M. WORKSHOP: CONTINUED PUBLIC HEARING: FISCAL YEAR 2002/03 DEPARTMENTAL BUDGET At 2:06 P.M., City Manager David Morgan announced that the continued public hearing was to review and adopt the City's fiscal year 2002/2003 budget. He noted that the public hearing would be opened and continued to June 4, 2002. At 2:07 P.M., Assistant City Manager, Tom Wood, presented an overview of the proposed Capital Improvement Plan located on page 257 of the budget document. Refer to the power point presentation, hard copy available in the City Clerk's Office. Public Utilities General Manager, Marcie Edwards, spoke about the water and electric capital as part of the Capital Improvement Program and she referred to the power point presentation. Council Member McCracken noted that Utilities had being doing an inventory of the water system and she asked the range of un-funded water main replacement that the City would have to do. Public Utilities Assistant General Manager, Donald Calkins, said that in the next fiscal year, Utilities would have completed relining of all the unlined mains. In response to Council Member Tait, Mr. Calkins said the unlined mains were in the downtown area. -- ANAHEIM CITY COUNCIL MEETING MINUTES MAY 21,2002 PAGE 2 Council Member Tait asked where the solar project and playfield would be located and Manager Edwards stated that it would be near Hermosa Gardens, formerly Jeffrey Lynne. She said it was a section of right of way and Utilities was negotiating with the current owner and would try to get the lease from Edison. Mayor Daly informed the Council that the five-year plan for undergrounding would be before the Council on June 4, 2002. He asked about the list of alternative projects and if there was funding available within the program. Manager Edwards said it was to develop a pool of pre-screened type projects if additional funding were to become available or if Council had a desire to change projects, Utilities would have done a level of analysis and the costs included the design and installation. Council Member McCracken asked if it was a possibility to do some of the projects on the list if other projects came in under budget and Manager Edwards said it was an underground fund and if it was retained from the 4% and if any project came in under budget, the money stayed in the undergrounding pool. She said all of the previously approved projects were based on the projected 4% and retail revenues were depressed and Utilities had to take additional bond money of $8.3 million and supplement it to keep to the schedule and add two new projects. Assistant City Manager Wood announced that the next category was municipal buildings and facilities and the Community Development, Convention Center, Sports and Entertainment and Community Services Departments made their presentations. Executive Director of Community Development, Elisa Stipkovich, referred to the Capital Improvement Plan power point presentation, hard copy available in the City Clerk's Office. Executive Director of Convention Center, Sports and Entertainment, Greg Smith, referred to the Capital Improvement Plan power point presentation, hard copy available in the City Clerk's Office. Executive Director of Community Services, Chris Jarvi, referred to the Capital Improvement Plan power point presentation, hard copy available in the City Clerk's Office. Mayor Daly asked if the expansion of Pioneer Park was where the home was and Director Jarvi said it was and that Community Development would have the home moved to the vicinity of East Street and Lincoln Avenue. Mayor Daly asked about designing and installing the ball field and Director Jarvi responded that the design process had been started. Mayor Daly commented that the ball field that was at Pioneer Park was used by East Anaheim Little League and Director Jarvi said that the additional ball field would be for their use and it would be a multi- purpose field and the only question was if it would be lighted and that depended upon the citizen participation process and impact on the neighbors and he intended to have parking there, expanding the existing parking lot on the street further to the west. Council Member Tait asked about the possibility of speeding up the gymnasium project in west Anaheim and he noted that there was a need in the east part of town for a gymnasium. He added that there was additional land by the Community Center. Director Jarvi said that in west Anaheim, the request for proposal process on the design of the facility had begun and Community Services was moving as rapidly as they could on the project. He said that a proposal would need to be prepared for east Anaheim, which needed a gym. '_.~ """,....-..- ANAHEIM CITY COUNCIL MEETING MINUTES MAY 21,2002 PAGE 3 In response to Mayor Daly, Director Jarvi said that the request for proposal was out for selecting an architect for the west Anaheim Police facility and youth center and gym. The design included the gym and it could be bid and Community Services had also submitted a Murry-Hayden Grant, under Proposition 12, and if the City received that grant, it would be possible to have enough money for the gym. If the grant was not received, Community Services may need to go ahead and develop and phase in the gym. In response to Council Member Feldhaus, Director Jarvi stated that the $300,000 was for the short-term improvements needed for the golf clubhouse for the interim facility while the old clubhouse was being knocked down for the new construction. $660,000 would eventually be the debt payment for the new clubhouse. Director Jarvi, in response to Council Member Feldhaus, said that the new clubhouse was in the vicinity of $6.5 million and he would come to Council with new rates as part of the budget. Director Jarvi said that the Chief Executive Officer of the Chamber had called him and said he would not be using the golf course primarily because of the clubhouse, that it did not meet their needs. Mayor Daly asked if Dad Miller Golf Course was still the site of tournaments and Parks Superintendent, Jack Kudron, said that Dad Miller did not relate well to shot-gun tournaments because there was a smaller cart barn and did not have enough carts to facilitate a full 144 player shot-gun. The Chamber or Rotary tournaments were shot gun scrambles and it could only be accommodated at Anaheim Hills Golf Course. Executive Director of Community Development, Elisa Stipkovich, stated that Community Development funded several street improvement projects and she referred to the Capital Improvement Plan power point presentation, hard copy available in the City Clerk's Office. In response to Council Member Tait, Director Stipkovich explained that the monument signs would go into the medians into various locations entering the canyon area. She said the monument signs were fairly large at all the major entrances at La Palma and after getting off the freeway and that some of them may be seen from the freeway. City Manager Morgan stated that staff would be bringing to the Council, in the near future, a proposal for the entire 91-Freeway corridor, included Water District property. Director Stipkovich said that Community Development had alternatives that had been proposed and those would be shown to Council closer to the finalization of the overall plan for the entire 91-Freeway. Public Works - City Engineer, Gary Johnson, continued to speak about street improvements, sewer and storm drains and traffic control and he referred to the Capital Improvement Plan power point presentation, hard copy available in the City Clerk's Office. At 3:00 P.M., Mayor Daly moved, seconded by Council Member McCracken to adjourn the regular adjourned meeting of May 14, 2002. Council Member Kring absent. Motion carried. Mayor Daly called to order the regular meeting of May 21,2002 at 3:01 P.M. Council Member McCracken said that it would be a major expense for cities with all the new legislation for sewers and runoff. She asked if City staff was on top of the situation. Public Works - City Engineer, Gary Johnson, stated that staff was and that there were significant costs programmed. She asked if the construction companies had any responsibility to repair Nohl -~ ANAHEIM CITY COUNCIL MEETING MINUTES MAY 21,2002 PAGE 4 Ranch Road and Serrano where recent construction had occurred. City Engineer Johnson said that it was occasionally addressed in the environmental document and if there was a haul road for dirt importation or removal, Public Works could make an inquiry. Mayor Daly asked if the various locations for the Canyon Identity Program were the same as the plan that Council had seen a few years ago and Director Stipkovich said that they were and they were a combination of blade and directional signs and that there were 80 to 100 signs in all. She added that there would be approximately 15 to 20 monument signs and the major identity piece that was being negotiated with the Water District was not currently being designed until finalization. It was not a part of the $500,000 expenditure and there were several ideas and it depended which design Council would like to have. She said that some designs had incorporated using the water. Mayor Daly asked what details would be seen by Council before the signs were installed and Director Stipkovich stated that the signs were based upon the concept plans that Council Members had seen. She said that Council was welcome to review the signs and locations and then award a bid and she would submit a bid package prior to going out to bid. City Manager Morgan suggested revisiting the goals and objectives of how the entire program would be communicated and not just the signage. At 3:04 P.M., Public Works - City Engineer, Gary Johnson, presented the Public Works Department budget, located on page 241 of the budget document. Refer to the power point presentation, hard copy available in the City Clerk's Office. In response to Council Member McCracken, City Engineer Johnson said that with regard to handicap cutouts, Public Works had done an inventory of sidewalk and access ramp conditions and the program was that when Public Works was working on any street improvement project in a neighborhood, they would pick it up at the same time with the sidewalk contractor and it was just a function of the ability to fund the program. Public Works did as much as they could each year and they tried to balance the sidewalks with the handicapped ramps and other programs, he said. Council Member McCracken noted that Nohl Ranch Road had not been done in many years and she asked Public Works to look into it. At 3:19 P.M., Community Services Director, Chris Jarvi, presented the Community Services budget, located on page 153 of the budget document. Refer to the power point presentation, hard copy available in the City Clerk's Office. In response to Council Member Feldhaus, Director Jarvi said that there were no cuts planned for the Therapeutic Foundation and he explained that the master plan for the park was being worked on and the Therapeutic Foundation was still in an old farmhouse and the farmhouse was not up to quality standards that he would like to have for a therapeutic recreation building and there were not funds to replace it and it needed a completely new building. The master plan had been developed so that the center was still in the park and if a better location was found, it could be moved, he said. Council Member Feldhaus asked if an estimate had been done on how much it would cost to do improvements or refurbishing. Director Jarvi responded that it would take $2 million to do that. City Manager Morgan stated that Council would receive a report on that program including the number of participants, how many of them were Anaheim residents and the number of cities that offered this program. .-....- ANAHEIM CITY COUNCIL MEETING MINUTES MAY 21,2002 PAGE 5 Council Member McCracken asked if there was a possibility of obtaining County funds for the project since there were monies such as the tobacco fund that helped others with challenges. Director Jarvi stated that Community Services had been looking into that as part of the report to be submitted as mentioned by the City Manager. Mayor Daly asked about the Pearson Park amphitheater improvements and said that there had been mention of what was in the first phase. Terry Lowe, Recreation Human Services Superintendent, said that Community Services had received a grant about 15-years ago to refurbish the sound and lighting system at Pearson Park. He said that because it was an outdoor facility and so heavily used, the equipment had a lifespan and he said that the City had probably gone past that lifespan. He said the first phase was to determine what the needs were and a master plan to bring it up to what the standards should be. He informed Council that there was money in the budget to rent equipment and a consultant had come in and looked at the theater and submitted a priority list of what needed to be accomplished. Staff concurred with the list for the most part, he said, and felt that they could fill the gap for the coming summer with rental equipment and utilize the Cultural Arts Plan to try and seek grants in the near future to maintain what the City had and to obtain better equipment. Mayor Daly asked how much money was requested for Phase I improvements and Mr. Lowe responded that it was a very small amount of money and was assessed at $2,000 and several thousand dollars in rental. The infrastructure of the theater was sound, he said, it was just the replacement of the equipment such as microphones and speakers. The analysis had been completed this year and there were sufficient funds to carry through the season for the upcoming budget. Mayor Daly asked if a more ambitious capital plan would be identified for the amphitheater and City Manager Morgan said that it would be developed this next year and presented to the Council. In response to Mayor Daly, Superintendent Lowe said that a permanent dressing room structure would be helpful and he said that the first concern was comfort of the patrons. He said that there was inadequate restroom capacity in that facility and inadequate concession stand capability to move people through quickly. He said he was most concerned about the patron being able to see and hear what was going on, plus the marketing of the theatre to make sure that all the seats were filled. In response to Mayor Daly, City Librarian, Carol Stone, explained that when the library did their needs assessment, it identified teens as an increasingly larger percentage of the population with high risk needs. She said that the first step was to create teen action counsels at each of the library facilities and the individuals would be used both for input and volunteer hours to identify the types of services, collections and program space that the teens were interested in. She noted that there had already been results from this and she had noticed that one of the new collections added to the library this year was graphic novels and this was a high-priority and a first choice of the teen. She said that this got them involved into signing their own library services. At 3:40 P.M., Public Utilities General Manager, Marcie Edwards, presented the Public Utilities Department budget, located on page 233 of the budget document. Refer to the power point presentation, hard copy available in the City Clerk's Office. ....."...,,-.. """,-...,-_... .------~..._"~" ANAHEIM CITY COUNCIL MEETING MINUTES MAY 21,2002 PAGE 6 In response to Council Member Tait, Public Utilities Assistant General Manager - Water, Donald Calkins, said that the issue about the long-term cut-backs on the Colorado River was playing out and Utilities would not know for one year. That was why Utilities had the well program, he said, and new wells were being installed. Even though Utilities had a pumping percentage of 75 percent from the Orange County Water District, he said the City had the freedom to pump above that and would have to pay a financial disincentive, but would be equal to buying Metropolitan Water District. In response to Council Member Feldhaus, Assistant General Manager Calkins said that 25 percent of the water was purchased from Metropolitan Water District and because of the adequate rainfall in the north, there would be no problems in getting that water. He said with the groundwater storage, it gave Utilities an extra option to pump additional groundwater if it became necessary. At 3:55 P.M., Executive Director of Community Development, Elisa Stipkovich, presented the Community Development budget, located on page 141 of the budget document. Refer to the power point presentation, hard copy available in the City Clerk's Office. In response to Mayor Daly, Director Stipkovich said that the $15.8 million developer contribution were dollars where Community Development might buy the land and the developer would provide the money. It was a developer contribution that went through Community Development budget and the developer fronted the money and then Community Development agreed to have a reimbursement in the overall development agreement and it reflected the potential for several deals to have developers put money up front to assist in acquiring property. The City Manager said he would report back to Council regarding the Beach Boulevard frontage and Lincoln Avenue. Council Member Tait asked about the broad fluctuations compared to 1999/2000 and the increase was from $4 million to $10 million and the Capital Outlay from $300,000 to $31 million. Director Stipkovich said that big fluctuations, particularly on the Capital side, depended upon whether they were building a parking structure or not, there could be significant ups or downs. Sometimes the amount was programmed and it had to be carried over, or re-budgeted, she said, because it was not built in the year it was budgeted for. In response to Council Member Feldhaus, she said that there was not a height restriction in the downtown project Alpha Area, from Harbor Boulevard, Cypress, East Street and Broadway and there were some height restrictions of three-stories along Anaheim Boulevard in the areas where the Overlay Zone for residential. Director Fick stated that height restriction depended upon a particular site in zoning. On the Mixed Use projects there had been creativity in some of the ways that the projects were processed depending on what the proposal was. In response to Council Member Tait, Director Stipkovich stated that the increase in housing and neighborhood preservation was due to the increase in payments since there had been more allocations and rents had gone up also. Mayor Daly mentioned the need to finish Hermosa Village and asked about starting any other projects beyond the completion of the Village that would be similar where it would be a rehab to apartments. Director Stipkovich said probably not of the magnitude of Hermosa Village since "^ ,.,... ANAHEIM CITY COUNCIL MEETING MINUTES MAY 21,2002 PAGE 7 there would not be the money, but she said she believed that where there was acquisition, rehabilitation, other tax credit projects where the rehabilitation was not as expensive and Community Development would not have to contribute as much money. Mayor Daly said that the City needed to look for other dollars and there were so many other needs similar to Jeffrey Lynne and to think about selling bonds to finance infrastructure. He mentioned the East Street corridor apartments, which were in similar need and the City needed to figure out financial strategies to do that. Director Stipkovich mentioned that there was a task force in the City of various departments and there was a team effort to identify about seven neighborhoods that needed to be looked at. She said she would prepare an analysis for Council on where the areas in the City were and she added that there may be a way to make changes where the City did not have to invest as much money. City Manager added that staff would report to Council in 30-days since there had been staff working on it already. In response to Council Member Tait, Director Stipkovich said that the total cost of Phase II was somewhere in the neighborhood of $8 million as a loan with the total payback from the cash flow. She said that the core was $50 million and the City contributed $13 million and the rest came from tax credits and a private lender. She said it was almost about the same size and she did not know if all of the units would participate and there would not be as much need for rehabilitation. The core had all one-bedrooms and the perimeter had two and three-bedrooms and there was less of an overall construction cost. Mayor Daly opened the public hearing and hearing no public testimony, continued the public hearing to Tuesday, June 4,2002, at 2:00 P.M., seconded by Council Member McCracken. Council Member Kring absent. Motion carried. ADDITIONSIDELETIONS TO CLOSED SESSION: None. PUBLIC COMMENTS - CLOSED SESSION ITEMS: None. Mayor Daly moved to recess to Closed Session, seconded by Council Member McCracken. Council Member Kring absent. Motion carried. The Council recessed to Closed Session at 4:30 P.M. 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Kord Group v. The Fieldstone Company, et aI., Orange County Superior Court Case No. 76-32-58. 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: City of Yorba Linda v. City of Anaheim, Orange County Superior Court Case No. 01 CC09320. 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: In re: Ogden New York Services, Inc. et aI., U.S. Bankruptcy Court No. 02-40846-cb (SDNY). 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) " ._-.~_.~- ._.-.~. '--........_._-_...--...~-~".'- ..~-~ 119 ANAHEIM CITY COUNCIL MEETING MINUTES MAY 21,2002 PAGE 8 Name of case: South Coast Cab Co. v. City of Anaheim, Orange County Superior Court Case No. 80-03-59. 5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Patel, et al. v. City of Anaheim, et aI., U.S. D.C. Case No. SACV01- 211 DOC(MLGx). 6. LIABILITY CLAIMS (Subdivision (b) of Section 54956.9 of the Government Code) Exposure to Litigation Claimant: John Paumier, Spirit Life Worship Center Agency claimed against: City of Anaheim AFTER RECESS: Mayor Daly reconvened the regular City Council meeting of May 21,2002 at 5:16 P.M. and welcomed those in attendance. INVOCATION: Reverend David KolI, Anaheim Christian Reformed Church FLAG SALUTE: Council Member Feldhaus PROCLAMATIONS AND DECLARATIONS: A presentation recognizing Dr. Ward L. Wiseman for his service on the Public Utilities Board and a presentation recognizing the recipients of the 2002 Anaheim Chamber of Commerce of Gala Awards. Recognitions to be presented at a later date were a proclamation recognizing June - September as Fire Ant Awareness 2002 and a proclamation recognizing May 2002 as Hire a Veteran Month. ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS: James Robert Reade spoke about other cities and their officials and that he believed that the public was denied the right to public access. Alma Ramirez voiced her complaints about the Police Department and said she believed that the permit for the Golden Skies Mobile Home Park had expired December 31, 1999. She spoke about the Western Skies Mobile Home Estates and said that the park had been without a license since December 31,2001. She asked why the licenses of the parks were not completely confiscated and she said that there had been an obstruction of justice. Michael Nebben, President and Chief Executive Officer of the Anaheim Chamber of Commerce, noted that the Chamber had moved to the Kraemer Building and he had requested that the Public Utilities Department do an audit for the Chamber. The preliminary findings had come back from the audit and if the recommendations of the Public Utilities Department were followed, he said approximately 15 to 20 percent could be saved on the electric utility by taking a few small measures. -'Ur' 117 173 128 105 Il5 175 131 158 ANAHEIM CITY COUNCIL MEETING MINUTES MAY 21,2002 PAGE 9 Andy Ronquillo, Board Member for Feedback Foundation, noted that the Foundation was a non- profit agency that provided meals and services for seniors. He said that the services had been provided to the City for nearly 30 years and he noted that May was older Americans Month. He thanked the Council for their support over the years. Michael Matsuda, Chairman of the Orange County Asian and Pacific Islander Community Alliance, (OCAPICA) recognized the efforts of the Police Department. He noted the case of Sun Deep, an American of south Asian decent, that was attacked last winter in the City. The suspects were apprehended by the Police Department, he said, who collaborated with OCAPICA in a coalition of other community groups and denounced the violent act against Sun Deep and other hate crimes. He hoped that OCAPICA, together with the Police Department, would continue to combat violence in the communities. MOTION: Mayor Daly moved to waive reading in full of all resolutions, seconded by Council Member McCracken. Council Member Kring absent. Motion carried. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A18: On motion by Mayor Daly, seconded by Council Member McCracken, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Item A9 continued to June 4, 2002 and Item A 18 was approved as amended. Mayor Daly offered Resolutions Nos. 2002R-102 through 2002R-105 for adoption. Council Member Kring absent. Motion carried. A1. Receive and file the Investment Portfolio Report for April 2002; Southern California Edison's Proposed Rate Change, Application No. 02-05-004; minutes of the Deferred Compensation Committee special meeting held October 29, 2001, November 26, 2001, December 19, 2001 and regular meeting January 9, 2002; minutes of the Anaheim Workforce Investment Board meeting held March 14,2002; and minutes of the Golf Advisory Commission held March 28, 2002. A2. Award the contract to the lowest responsible bidder, Precision Pipeline, Inc., in the amount of $110,570, for the Hidden Canyon pump station and the discharge piping modifications and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A3. Award the contract to the lowest responsible bidder, Layne Christensen Co., in the amount of $136,646.50, for the well destruction (FY 01/02) and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A4. Approve and adopt the Relocation Plan for the Lincoln Avenue, Phase II Street Widening Project. City Clerk, Sheryll Schroeder, announced that late information was received on May 20, 2002, on Pacific Relocation Consultants and would be entered as part of the record. A5. Approve and authorize the Mayor and City Clerk to execute the Agreement for Acquisition of Tenant-Seller's Interest in Real Property and Waivers with Eva's Barber Shop, in the amount of $15,000, for property located at 1106 West Lincoln Avenue for the Lincoln Avenue, Phase II/Street Widening Project. ~ ANAHEIM CITY COUNCIL MEETING MINUTES MAY 21,2002 PAGE 10 A6. Approve the Stipulation in Support of Entry of Judgment for properties located at 120 South Euclid Street and 1676 West Lincoln Avenue for the Lincoln Avenue/Euclid Street Intersection Improvement Project and authorize the settlement agreement payment of $210,000 to Palmieri, Tyler, Wiener, Wilhelm & Waldron Client Trust Account. 158 123 A7. Approve the fourth year option to renew an agreement with Computer Service Company, Inc. for traffic signal maintenance services. 158 A8. RESOLUTION NO. 2002R-102 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (Deed No. 10517). A9. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the sale by sealed bidding of certain city owned properties located at 1778 S. Strathmore Place and 1779 S. Heather Lane, Anaheim, California. Council Member Feldhaus asked if the lots did not have to be kept by the City and if they could be used for open space or a mini park within a neighborhood. Public Works Civil Engineer, Natalie Meeks, responded that the properties were acquired as part of the Katella Smart Street Widening and funded by Orange County Transit Authority and the City was obligated to sell the surplus properties and return the money to the Orange County Transit Authority. She said if the City did not sell the properties, it would need to either pay OCT A back or deed them over the parcels. Council Member Feldhaus asked why the City didn't just pay OCTA the payback money. Mayor Daly said that the City had an option to either sell the properties or reimburse OCT A and Civil Engineer Meeks said that was correct. Mayor Daly asked if there was any thought given to preserving the properties. Ms. Meeks said that before disposing of any surplus property, Public Works sent a notice to all departments and other agencies throughout the County to see if there was any use for the property. She said that no one had an interest in the properties and that they were remnant, single-family residence parcels at the end of a cul-de-sac next to the Katella sound wall and interior to the neighborhood. The parcels were large enough to build a house on, she said, and noted that parks had the opportunity to look at the parcels before going out to bid. Council Member Feldhaus noted that Council had been looking at opportunities to create open space and mini-parks and it seemed to him that the parcel was an opportunity. City Manager Morgan said that staff had been looking at opportunities and it was staff's conclusion that the properties were not as viable as some other options that existed. He said if Council wished to delay the item for two weeks, a report could be prepared for the Council. Mayor Daly said he was in support of more evaluation and that some of the remnant properties along Katella Avenue were visible and others were not because of the new sound wall. It appeared that these properties were not visible because of the wall and the open space opportunity would be for people along the cul-de-sac. ,."....~. .~.,. .........-..-.., '..~~-_..-,~. ANAHEIM CITY COUNCIL MEETING MINUTES MAY 21,2002 PAGE 11 Council Member Feldhaus moved, seconded by Mayor Daly, to continue Item A9 for two weeks to June 4,2002. Council Member Kring absent. Motion carried. 160 A10. 160 A11. 123 A12. 113 A13. 126 A14. Accept the low bid of GMF Sound, Inc., in the amount of $23,280 (plus tax), for a closed circuit television security system for the Convention Center in accordance with Bid #6269. Accept the low bid of Danny Letner, Inc., in an amount not to exceed $616,000 (including tax), for the removal and replacement of the roof at Exhibit Hall B in the Convention Center in accordance with Sid #6281. Accept the low bid and authorize the Mayor and City Clerk to execute an agreement with International Services, Inc., in an amount not to exceed $625,000, beginning June 1, 2002 for crossing guard services for one year with four one-year optional renewals in accordance with Bid #6259. RESOLUTION NO. 2002R-103 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving an amended Records Retention Schedule for the City Clerk's Office. RESOLUTION NO. 2002R-104 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM initiating proceedings for the annual levy of assessments in, and accepting an Assessment Engineer's Report for, Anaheim Resort Maintenance District. RESOLUTION NO. 2002R-105 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring it intention to provide for an annual levy and collection of assessments in the Anaheim Resort Maintenance District, and setting a time and place for a public hearing thereon. 123 A 15. Approve an agreement with Anaheim City Elementary School District to provide Park Ranger patrols of school facilities. 175 A 16. Endorse the Community Shade Program as part of the Anaheim Advantage Services in order to increase shade tree plantings in City parkways as well as subsidize the refurbishment of the corridor median islands. 123 A17. Approve and authorize the Public Utilities General Manger to execute an agreement with Parsons Engineering Science, Inc., in an amount not to exceed $397,410, to provide consulting engineering services in connection with the drilling and equipping of the proposed Magnolia Well. 114 A18. Approve minutes of the Council meeting held May 7,2002. Council Member Feldhaus asked for a correction on pages 8 and 12 of the minutes of May 7, 2002. He said that on page 8, the minutes reflected that Council Member Tait declared a conflict of interest and left the dais and on page 12, the minutes indicated that there were 5 ayes, including Council Member Tait. Minutes were approved as recommended to reflect an abstention by Council Member Tait. END OF CONSENT CALENDAR -- 105 179 179 179 ANAHEIM CITY COUNCIL MEETING MINUTES MAY 21,2002 PAGE 12 A 19. Nominate and appoint two citizens to fill the vacancies on the Community Services Board, vacancy created by the resignation of Marjorie Rothrock, term to expire June 30, 2004 and Eliza Cason, term to expire June 30, 2003. Mayor Daly moved, seconded by Council Member McCracken, to continue Item A 19 to June 4, 2002. Council Member Kring absent. Motion carried. Items 81 throuah B2 From Zonina Administrator Meetina of May 2. 2002: (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 MAY 24,2002: B1. VARIANCE NO. 2002-04496 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Eung H. Kim, 203 S. Hampton Street, Anaheim, CA 92804 LOCATION: 203 South Hampton Street. Property is 0.11-acre having a frontage of 50 feet on the west side of Hampton Street, maximum depth of 100 feet and located 90 feet south of the centerline of Transit Place. Waiver of maximum lot coverage to construct a living room addition to an existing single- family residence in the RS-5000 (Residential, Single Family) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 2002-04496 approved (ZA2002-14). REPORT AND RECOMMENDATION: B2. ADMINISTRATIVE ADJUSTMENT NO. 2000-00207 - (Trackina No. ADJ2002- 00219) REQUEST FOR RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL AND CATEGORICALLY EXEMPT - CLASS 1: Orman Grubb Company, Attn: Alistair R. Hawker, 4930 E. La Palma Avenue, Anaheim, CA 92807, requests a one-year extension of time to comply with the conditions of approval for a previously-approved waiver of minimum floor area ratio to construct a 48,000 square foot mezzanine within an existing warehouse building. Date of original approval 1-16-01, expired 1-16-02. Proposed expiration date 1-16-03. Property is located at 3320 East Miraloma Avenue. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Approved extension of time for Administrative Adjustment No. 2000-00207 to expire on January 16, 2003. Items B3 throuah B11 From PlanninQ Commission MeetinQ of Mav 6. 2002: (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 MAY 28,2002: B3. GENERAL PLAN AMENDMENT NO. 2001-00396 RECLASSIFICATION NO. 2001-00060 GENERAL PLAN AMENDMENT NO. 2001-00399 RECLASSIFICATION NO. 2001-00063 GENERAL PLAN AMENDMENT NO. 2001-00400 RECLASSIFICATION NO. 2001-00064 REQUEST FOR CITY COUNCIL REVIEW AND NEGATIVE DECLARATION: ''"r ANAHEIM CITY COUNCIL MEETING MINUTES MAY 21,2002 PAGE 13 OWNERS: City of Anaheim, Community Development Department, Attn: Elisa Stipkovich, 201 South Anaheim Boulevard Anaheim, CA 92805 Dorothy Brunson Trust, 2455 Tuckahoe Terrace Watsonville, CA 95076 Danros Inc., 511 Helberta Avenue, Redondo Beach, CA 90772 Andres Fernandez, 3123 West Lincoln Avenue, Anaheim, CA 92801 Thomas Tislow, 17319 Alexandra Lane, Cerritos, CA 90703 GPA NO. 2001-00396 AND RCL NO. 2001-00060: 100 South Beach Boulevard. Area 1 is approximately 0.58-acre located at the southeast corner of Beach Boulevard and Lincoln Avenue. 120-320 South Beach Boulevard and 2970 West Lincoln Avenue. Area 2 is located south and east of the southeast corner of Beach Boulevard and Lincoln Avenue located 238 feet south of the centerline of Lincoln Avenue. GPA NO. 2001-00399 AND RCL NO. 2001-00063: 2300 - 2340 West Lincoln Avenue. Area 1 is approximately 8.8 acres with a frontage of 660 feet on the south side of Lincoln Avenue located 650 feet east of the centerline of Gilbert Street. 2330 - 2340 West Lincoln Avenue. Area 2 is approximately 4.4 acres with a frontage of 330 feet on the south side of Lincoln Avenue located 650 feet east of the centerline of Gilbert Street. GPA NO. 2001-00400 AND RCL NO. 2001-00064: 3119 - 3169 West Lincoln Avenue. Property is approximately 2.7 acres with a frontage of 816 feet on the north side of Lincoln Avenue located 290 feet west of the centerline of Grand Avenue. GENERAL PLAN AMENDMENT NO. 2001-00396 - City-initiated amendment to the Land Use Element of the General Plan redesignating the properties from the General Commercial to the Low-Medium Density Residential and Police Station (P) land use designations for Area NO.2. RECLASSIFICATION NO. 2001-00060 - City-initiated reclassification of Area NO.1 from the CH (Commercial, Heavy) to the CL (Commercial, Limited) Zone, and a reclassification of Area NO.2 from the CH (Commercial, Heavy), CL (Commercial, Limited) and RS-A-43,000 (Residential/Agricultural) to the RM-3000 (Residential, Multiple-Family) or less intense zone. GENERAL PLAN AMENDMENT NO. 2001-00399 - City-initiated amendment to the Land Use Element of the General Plan redesignating the property from the General Commercial and Medium Density Residential to the Low-Medium Density Residential land use designation for Area 1. RECLASSIFICATION NO. 2001-00063 - City-initiated reclassification from the CL (Commercial, Limited) Zone to the RM-3000 (Residential, Multiple-Family) or less intense zone for Area 2 GENERAL PLAN AMENDMENT NO. 2001-00400 - City initiated amendment from the General Commercial to the Low-Medium Density Residential land use designation. RECLASSIFICATION NO. 2001-00064 - City-initiated reclassification from the CL (Commercial, Limited) and RS-7200 (Residential, Single-Family) Zones to the RM-3000 (Residential, Multiple-Family) or less intense zone. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended adoption of Exhibit A of General Plan Amendment No. 2001-00396 (PC2002-60) (7 yes votes). Reclassification No. 2001-00060 granted (PC2002-61) (7 yes votes). .. .,,- ANAHEIM CITY COUNCIL MEETING MINUTES MAY 21,2002 PAGE 14 Recommended adoption of Exhibit A of General Plan Amendment No. 2001-00399 (PC2002-62) (6 yes votes, Commissioner Boydstun voted no). Reclassification No. 2001-00063 granted (PC2002-63)(7 yes votes). Recommended approval of Exhibit A of General Plan Amendment No. 2001-00400 (PC2002-64) (7 yes votes). Reclassification No. 2001-00064 granted (PC2002-65) (7 yes votes). Recommended City Council review. Negative Declaration approved. City Clerk, Sheryl! Schroeder, announced that staff had requested that the public hearing be scheduled for July 23, 2002, rather than June 18, 2002. Executive Director of Planning and Community Development, Joel Fick, stated that staff had received a letter from the West Anaheim Neighborhood Development group and they had expressed concerns about the item. He said that staff requested that they meet with the community groups prior to the public hearing and that was why they had requested the additional time period. Mayor Daly asked if the City would still be able to proceed if the police station land use designation was not rezoned. Director Fick responded that it would still be an option. Mayor Daly moved, seconded by Council Member Feldhaus, that the public hearing be scheduled for July 23, 2002. Council Member Kring absent. Motion carried. B4. 179 CONDITIONAL USE PERMIT NO. 2001-04333 (TRACKING CASE NO. CUP2002-04539) AND NEGATIVE DECLARATION: OWNER: Larry & Ca Henry, 7692 Haldor Place Buena Park, CA 90620 AGENT: Agape Church, Attn: Dean Garcia, 1303 Beacon Avenue Anaheim, CA 92802 LOCATION: 309 North Manchester Avenue. Property is approximately 0.25-acre with a frontage of 120 feet on the south side of Manchester Avenue located 210 feet west of the centerline of Loara Street (Agape House of Prayer). Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on April 24, 2001 to expire April 24, 2002) to retain a church. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement and amendment to the conditions of Conditional Use Permit No. 2001-04333 for eighteen months to expire on October 24, 2003 (PC2002-66) (7 yes votes) . Negative Declaration previously approved. Mayor Daly asked if the Planning Commission action was consistent with staff recommendation and Director Fick said that originally, a shorter time period had been recommended. At the hearing, he said, there was discussion about the lease time period that the current user had and that lease expired on October 24, 2003 and that was what had led to the Planning Commission decision and staff did not have a problem with the time period. 179 B5. CONDITIONAL USE PERMIT NO. 3400 - -'T""" '<<t...",-,."... .._-"-;--"...~- ANAHEIM CITY COUNCIL MEETING MINUTES MAY 21,2002 PAGE 15 (TRACKING CASE NO. CUP2002-04532) CATEGORICALLY EXEMPT - CLASS 1: OWNER: Lederer-Anaheim Ltd., 1990 Westwood Boulevard, 3rd Floor Los Angeles, CA 90025 AGENTS: Anaheim Indoor Marketplace, Attn: Pamela Marcum 1440 South Anaheim Boulevard, Anaheim, CA 92805 Farano and Kieviet, Attn: Tom Kieviet, 2300 East Katella Avenue, Suite 235, Anaheim, CA 92806 LOCATION: 1440 South Anaheim Boulevard. Property is approximately 14.74 acres located north and east of the northeast corner of Cerritos Avenue and Anaheim Boulevard (Anaheim Indoor Marketplace). Request to amend Conditional Use Permit No. 3400 to permit an outdoor farmer's market in conjunction with an existing indoor swapmeet. ACTION TAKEN BY THE PLANNING COMMISSION: Request to amend Conditional Use Permit No. 3400 denied (PC2002-67) (4 yes votes, Commissioner Boydstun voted no, Commissioner Bostwick abstained and Commissioner Vanderbilt absent). 179 B6. CONDITIONAL USE PERMIT NO. 2002-04538 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Sirianni Enterprises Inc., C/O Sterik Company 50 Tice Boulevard, Wood cliff Lake, NJ 07677 AGENT: Auburndale Properties Inc., Attn: Lila Kent 828 Moraga Drive, Los Angeles, CA 90049 LOCATION: 1602 North Lemon Street. Property is approximately 11.3 acres located south and east of the southeast corner of Orangethorpe Avenue and Lemon Street (Tek War Inc). Request to establish land use conformity with current Zoning Code land use requirements for an existing commercial retail center and to permit and retain a computer rental/internet access/internet amusement business for the purpose of playing interactive computer games. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2002-04538 granted (computer rental and internet amusement use granted for one year) (PC2002-68) (6 yes votes, Commissioner Vanderbilt absent). 179 87. VARIANCE NO. 2002-04498 CATEGORICALLY EXEMPT - CLASS 11: OWNER: Living Stream Ministry, 2465 West La Palma Avenue Anaheim, CA 92801 AGENT: Living Stream Ministry, Attn: John Pestor 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 termini of Hubbell Way and Electric Way (Living Stream Ministry). Request waiver of a) maximum number of freestanding or monument-type signs and b) permitted location of freestanding or monument-type signs to construct a new monument sign. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 2002-04498 granted (PC2002-69) (6 yes votes, Commissioner Vanderbilt absent). 'r 179 179 179 179 ANAHEIM CITY COUNCIL MEETING MINUTES MAY 21,2002 PAGE 16 In response to Mayor Daly, Director Fick stated that staff was in support of the additional signage for the property and the Planning Commission approved the item. B8. CONDITIONAL USE PERMIT NO. 2703 (TRACKING CASE NO. CUP2002-04532) AND NEGATIVE DECLARATION: OWNER: Anaheim Storage Investors 10940 Wilshire Boulevard Suite 1500, Los Angeles, CA 90024 AGENT: TNT Self Storage Management, Attn: Ray Tuohy 17071 Imperial Highway, Suite 15, Yorba Linda, CA 92886 LOCATION: 1441 North Baxter Street. Property is approximately 2.8 acres located at the southwest corner of Via Burton Street and Baxter Street (Stor-A-Lot). Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on March 6, 1997 to expire March 6, 2002) to retain a truck rental operation in conjunction with an existing self-storage facility. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement of Conditional Use Permit No. 2703 with deletion of a time limitation (PC2002-70) (6 yes votes, Commissioner Vanderbilt absent). Negative Declaration previously approved. B9. VARIANCE NO. 2002-04497 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Ramesh Manchanda, 1140 San Marino Avenue San Marino, CA 91108 AGENT: Redwood Construction, Attn: Dave Wyrick 209 East Alameda Avenue, Suite 200, Burbank, CA 91502 LOCATION: 111 West Oranaewood Avenue and 2041 - 2051 South Haster Street. Property is approximately 8.13 acres located at the northwest corner of Orangewood Avenue and Haster Street. Requests waiver of minimum number of covered parking spaces for an existing apartment complex. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 2002-04497 granted (PC2002-71) (6 yes votes, Commissioner Vanderbilt absent). REPORTS AND RECOMMENDATIONS: B10. CONDITIONAL USE PERMIT NO. 2147 (TRACKING CASE NO. CUP2002-04532) REQUEST FOR RETROACTIVE EXTENSION OF TIME AND ENVIRONMENTAL IMPACT REPORT: Exxon Mobil Pipeline Company, Attn: Mayela Quezada, 800 Bell Street, Room 553K, Houston, TX 77002, requests a retroactive extension of time in order to comply with conditions of approval for a previously-approved fuel terminal expansion. Property is located at 1477 North Jefferson Street (Mobil Atwood Terminal). ACTION TAKEN BY THE PLANNING COMMISSION: Approve to comply with conditions to Conditional Use Permit No. 2147 for two three- month retroactive extensions of time (to expire October 10, 2002) (7 yes votes). Approved previously certified Environmental Impact Report. B11. VARIANCE NO. 2002-04489 (TRACKING NO. VAR 2002-04503) 179 ANAHEIM CITY COUNCIL MEETING MINUTES MAY 21,2002 PAGE 17 REQUEST FOR REVIEW OF FINAL ELEVATION PLANS AND CATEGORICALLY EXEMPT - CLASS 3: Imperial West, LLC., Attn: Pablo Villanueva, 12741 Bellflower Boulevard, # 206, Downey, CA 90242, requests review of final elevation plans to construct three single family homes. Property is located at 739,743 and 745 North Harbor Boulevard. ACTION TAKEN BY THE PLANNING COMMISSION: Approved final elevation plans, with an added stipulation, for Variance No. 2002-04489 (7 yes votes). 6:00 P.M. PUBLIC HEARINGS: C1. REHEARING: CONDITIONAL USE PERMIT NO. 3802 AND NEGATIVE DECLARATION: OWNER: Elva M. West, 5201 East Crescent Drive Anaheim, CA 92807 AGENT: George Staehling, 18200 Avenida Bosque Murietta, CA 92562 LOCATION: 1500 East Lincoln Avenue. Property is approximately 0.79-acre with a frontage of 165 feet on the south side of Lincoln Avenue located 1,480 feet west of the centerline of Cliffrose Street (Eastside Jewelry and Loan). Requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on January 5, 1999 to expire January 5, 2002) to retain a pawnshop within an existing commercial center. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement of Conditional Use Permit No. 3802 for five years to expire on January 5, 2007 (PC2002-6) (4 yes votes, Commissioners Eastman, Koos and Vanderbilt voted no). Negative Declaration previously approved. Public hearing held February 26, 2002, Item C9. Rehearing requested by Agent, George H. Staehling and request approved at the Council meeting of April 23, 2002, Item 34. Executive Director of Planning and Community Development, Joel Fick, presented a staff report to the Council and he stated that the item had already been the subject of a Council hearing. He said that the request for rehearing was related to the installation of trees and landscaping. On February 26,2002, Council had approved a reinstatement of the pawnshop for a period of five-years, to expire on January 14, 2007, he said. The approval confirmed a condition of the approval of the Planning Commission that required the installation of eight 24-inch box-size trees and a shrub screen within the existing landscape planter adjacent to Lincoln Avenue. He pointed out that it was required by the Zoning Code, in addition to being a requirement that was mentioned in the Planning Commission and Council resolutions. The petitioners had requested a rehearing due to their opposition to installing the trees and staff continued to recommend installation of the trees, he said. Code required this of any business and it would make it compatible with the substantial area enhancements, including undergrounding of the power lines and other landscaping enhancements completed by the City within the public right of way, he explained. Staff was willing to work with the petitioner to address any perceived or site line issues stemming from installation of landscaping, he added, and that was referenced in Condition NO.8 as was discussed at the Council meeting. He noted that staff had discussions -.- ANAHEIM CITY COUNCIL MEETING MINUTES MAY 21,2002 PAGE 18 on an on-going basis with the Police Department and staff had not been opposed to the installation of landscaping within the planter area. In response to Council Member Tait, Director Fick said that there would be eight trees and shrubs that would be required within the landscape planter by Code. There were photographs included with the staff report that showed an example of the frontage of Lincoln Avenue, he said. He said that the Zoning Code would require shrubs and there were some shrubs that existed and the primary focus was on the eight trees that were required within the landscape area. Council Member Tait asked what type of trees were required by Code and Director Fick informed that there had been discussion at both Planning Commission and Council meetings about the trees and staff had offered, as they did with all applicants, to work with the urban forestry staff and pick out a species. He said that was reflected in the condition imposed in the resolution, Condition No.8, and it required that within 90-days the landscape plan must be submitted to be done in cooperation with the urban forestry group and then upon a decision mutually reached, the installation would take place 30-days after that. Council Member Feldhaus asked if the total was four more, eight or twelve trees and Director Fick said he believed that there were not any trees there now, that there were shrubs. He said that the Code would require a total, based upon the frontage, of eight, 24-inch box trees. Mayor Daly asked about the signage issues and noted that there were two pole signs on the property. Director Fick said that there were two existing signs on the property and when Council and Planning Commission had considered the item years ago, there had been discussion about the signs. The Planning Commission approved the permit on a split vote and there was an existing, unused 15-foot high pole sign and an existing non-conforming 25-foot high pole sign on the property. The approval by the Planning Commission and Council did not require an alteration to the sign. Mayor Daly said that the non-conforming, 25-foot pole sign was non-conforming because the City's current standards did not allow a sign of that type. Director Fick said that was accurate. Mayor Daly said that it had been the recommendation of the Planning staff that if the pawnshop permit was approved, the pole signs should be modified to reflect the City's current standards and Director Fick said that was correct and it was staff's recommendation. Mayor Daly opened the public hearing. Elva West, owner of the property, stated that the property and rent from the property was he and his wife's primary source of income and he was hesitant to make any modifications that would cause the rental value of the property to be reduced in the future. He said he was convinced that the trees that would be put in there would hide a good portion of the sign in due time and the sign was an important part of the property and he asked that the condition be removed. He said that there were three magnolia trees in front of the property that were put in when the building was originally built and it was on the north side of the sidewalk between the sidewalk and the curb. The shrubs that were there were the ones that he decided would look best and he wanted the property to look good and to be kept in shape, he stated. He said that the trees would not improve the property and that the situation he was in was to determine whether or not to go to the expenditure of putting in the trees and then the rent going down as a result of it. He said another condition was to plant shrubs around the trash container and to do so, he would have to take out part of the parking lot. The only part that would be seen would be the doors and shrubs could not be placed in front of that, he felt. He asked the Council to grant ~"~ --. ANAHEIM CITY COUNCIL MEETING MINUTES MAY 21,2002 PAGE 19 him a waiver on the trees. He said it was his understanding that the City would be redeveloping the area and he saw no problem in delaying this for another five years. George Staehling said that if trees were put up and the sign was blocked, it would have the effect of doing away with the pawnshop and he had a lot invested in the shop. He said it was not a condition of him going into business. Planning Commission had their doubts when they first approved it, he said, and three years later, Mr. Staehling stated that the Commission had nothing but praise for the pawnshop and there was no issue then with trees. He said that the Commission had only wanted them to resurface the part of the sign that was not being used and he did that the next day. He said that three years later, it had come up again and the view of the sign would be blocked with trees and shrubs. Every police officer he had talked to said to leave it the way it was, he added, so that they could see in. He said he had received calls from people who asked what the problem was with the sign and they added that they had never known that there was a pawnshop there. He said that at the last meeting, Council Member Feldhaus had said that the pawnshop was a destination for people and Mr. Staehling said that was true to an extent. He said 40 percent of his business was through pawns and a small percentage of that was through the yellow pages and the rest, he said, depended on retail sales for money to loan out. He said he had collected 300 signatures, in one month, of people that had stopped in there because of the sign. He said that there were 6,511 people that had used the pawnshop in the last four years and he noted that the sign was grandfathered in. He informed that when he went into business, the Planning Commission and Council approved the conditional use permit with no conditions and asked that it be run according to the law and he said he had. Three years later, Council asked that the Planning decision be appealed to allow him to stay in business and he would need to put in trees. He said at that time, the Police Department wanted the landscaping issued left the way it was. Mayor Daly noted that Mr. Staehling had mentioned the Police Department a number of times as though there was a police recommendation on the issue. He said that Mr. Staehling had talked about how the police did not want landscaping and he asked Mr. Staehling if he was suggesting that the police in the City did not want trees planted in front of the business. Mr. Staehling responded that every single police officer that he had talked to on the street said to leave it the way it was. He said he believed that it was on record from the last time he was here, that the Police Department recommended that it be left the way it was and that was three years ago. Mayor Daly asked Mr. Staehling to clarify and he asked if police officers on the street should be able to set policies like that. Mr. Staehling responded that he believed that the officers should be able to look in the pawnshop to see if he was being held up or if there was any type of disturbance in there. Mayor Daly asked if Mr. Staehling believed that because there was a sign there that he wanted people to see that the City should not require trees. Mr. Staehling said that there were already trees there and that the City should not require more trees and he said it was an around-the- rules way of blocking the sign. Mayor Daly asked Mr. Staehling if he had expected that the permit would be good forever and Mr. Staehling said that he was under the impression that it would be for three years, like a probationary period. Mayor Daly said that Mr. Staehling believed it was unfair for the City or any elected official to suggest to a property owner, after that three-year probationary period had expired and the permit was about to expire, that some additional conditions may be placed on "........- ANAHEIM CITY COUNCIL MEETING MINUTES MAY 21,2002 PAGE 20 the operation. Mr. Staehling said he believed that was unreasonable. Mr. Staehling said he had lived up to every single condition of the original permit. Mayor Daly asked Mr. Staehling if he had lived up to the conditions even if the City standards had changed. Mr. Staehling said he believed that the City's standards had not changed since they had allowed him to go into business. Mr. Staehling said he had received a unanimous vote three years ago and the pawnshop had been commended. Mayor Daly asked Mr. Staehling if the Police Department had ever suggested to the Council that there should not be trees planted on the property. Executive Director Fick said that the Police Department had participated in the Interdepartmental Recommendation Committee in reviewing items and that they had participated when the item came up for the past hearing, prior to it being scheduled before the Planning Commission and Council. He said that there was no recommendation from the Police Department saying that the trees should not be installed. Mr. Staehling asked if there was a recommendation that the trees should be installed. Executive Director Fick stated that the Police Department was not the department that would be making the recommendation on the landscaping improvements for a project such as this. Mr. Staehling said that going back three years ago, he was sure that a recommendation from the Police Department that the landscaping be left the way it was and it was approved that way. He asked for a resolution to do away with the landscaping and the trash container. They had never had graffiti around it and in order to plant the ivy like the new conditions, he said, he would have to dig up the pavement in the parking lot around the trash enclosure which was behind the building and out of public view. He also wanted to delete the time restriction since he said he believed that all the businesses on Lincoln would be condemned to widen out Lincoln Avenue within the next five years. He said he had obtained that information from the Planning Commission and that was why the Commission had recommended five years. He said if redevelopment happened, the pawnshop would be out of there anyway. Scott Munson asked if the police were asked if they recommended the landscaping or not. He said that every police officer he had asked, regarding the pawnshop, if they would like to have trees that they could not see in or would they like to have access to see inside, said that they would like to be able to see inside. He mentioned that the Police Department came to the pawnshop looking for people and they left a picture of the person. If the person showed up, he said, the pawnshop called the Police Department and they would watch them from across the street and they had taken a lot of felons off of the streets. Mayor Daly said that it sounded as if what Mr. Munson was suggesting was that there should be a separate standard for a pawnshop because of the type of operation a pawnshop was, it should have less or no landscaping than the business next door. Mr. Munson said that the pawnshop could barely be seen through the trees and that one would really have to look through the trees. For policing purposes, Mr. Munson said, it should be exempt from the City's standards and it was not recommended by the Police Department. He asked to take a survey of the Police Department. James Bonsteel asked for a five-year extension on the conditional use permit and he asked that the landscaping also be extended for another five years to get the owner of the property a chance to come back to the standards that the Council and staff had set. He said that Lincoln -- ANAHEIM CITY COUNCIL MEETING MINUTES MAY 21,2002 PAGE 21 Avenue was to be improved in the next five to ten years. When the trees got larger and the branches were not hanging over, it would be a better-looking building. Cynthia Ward said she lived in the Anaheim Colony District and that property ownership carried important rights and responsibilities and that they must be in balance. The safeguarded rights to property must give the owner the ability to use the property, otherwise, she said, ownership of property was meaningless. She said that as a property owner, she had the responsibility of paying taxes that support the underlying infrastructure of the property and a responsibility to follow the law of the land and abide by zoning requirements and other Municipal Codes reflecting the use of the property and prohibit urban blight. She added that she was obligated to ensure that the use of her property did not infringe upon the quality of life of her neighbors or the community around her. Improving her land, she said, increased its value. She wondered why the owners of the property at 1500 East Lincoln wanted to be free to operate at a lesser standard. She said that Mr. West and Mr. Staehling had asked for the past two years for extensions and exceptions to the rules that owners of similar properties had followed. They had gone to a great deal of time and expense to avoid maintaining their property in the manner set forth in the Municipal Codes. She said that Council had tried to remain flexible in an effort to support the business community and she said she believed that the time to be flexible had now passed. Ms. Ward said that she had heard Mr. Staehling had acted honorably and responsibly and that he had actively participated in police investigations when necessary. She said the owners had returned to renegotiate the standards that the property was being held to and after being granted lenient waivers, the owners had returned again to attempt to extricate themselves from even a small gesture toward compliance in which they were obligated. She suggested that the Council revisit the entire conditional use permit for 1500 East Lincoln and she asked Council to obligate Mr. West to fulfill the Municipal Code without variance or exception. She proposed that the non-conforming sign be removed as recommended by staff and replaced by something in compliance with current development standards. She asked that the landscaping requirement be met as it should be for all businesses in the area and landscaping would enhance the business and added that it was already impossible to see into the business from the street and the trees would not make a difference. Sandy Hightower said she lived in the Anaheim Colony Historic District and she said she valued the landscaping since it was an integral part of creating a welcoming, safe and beautiful community. There was air quality and shading benefits, she said, and the City had made a lot of effort in designing and implementing enhanced landscaping and center divides and other public spaces. She felt imposing minimum standards on landscaping had a positive effect and should not be dismissed lightly and landscaping was one of the influencing factors of crime prevention through environmental design. She said that the Planning Commission, making the recommendations for the landscaping, was taking all of the safety considerations into account. She spoke about territorial reinforcement with low hedges and then maintenance by keeping the plantings in good condition helped create an overall positive view and keeping the trees maintained so that they would not block the sign or entrance and that was part of the responsibility. Michelle Lieberman said that she spoke against the pawnshop sign at the last public hearing in February and was present for the same reason. She said that the pawnshop sign was not only completely out of line with City Codes but it was out of line with the majority of surrounding businesses. She said that she believed that the sign was approximately three to four times larger than what the current Code allowed. The City had spent a lot of money to revitalize and improve downtown and surrounding areas, she explained, and conscientious property and business owners, including her, were spending their own hard-earned money improving their .,- ANAHEIM CITY COUNCIL MEETING MINUTES MAY 21,2002 PAGE 22 homes, making their business establishments more attractive. She said that she had a vision for the City that Mr. West did not share. When she attended the public hearing in February, she was under the impression that Mr. West had agreed to increase landscaping by planting his own homegrown palm trees. Apparently he refused to do that now, she added and as long as Mr. West owned the property and if he was not forced to change it, then the people of the City could expect no change and no improvement. She said that Council now had an opportunity to cause changes to occur and she asked that they do what was right for the downtown area and the City and deny the conditional use permit. Marcia Garten said she was opposed to granting the pawnshop owners another two to five years to bring the landscape and signage into compliance. She said that she and the residents were appreciative that there had been changes in the downtown area and the City had worked very hard to improve the image and quality of life for everyone who lived or worked in the City. She said she recognized the importance of beautification in neighborhoods for businesses and residents and the beautiful parks encouraged homeowners to maintain their properties, which created safer neighborhoods. A well-maintained business encouraged other property owners to do the same, she said, and improve the business climate for that area by encouraging additional investment. She mentioned concerns about potential of further economic decline of the local neighborhoods by property owners who refused to comply with the minimum standards set forth by the Council for signage. She said she supported local businesses whenever possible and businesses that were visually appealing encouraged their own financial future. The community cared about inappropriate signs, she noted, as she recognized the visual importance of basic standards that all businesses must adhere to. She asked that Council enforce the standards in place and to remember that the pawnshop had two years to resolve the issue without any solution being presented. There was no assurances that time would solve the problem, she finalized. Barbara Gonzalez stated that the City was in the process of developing a vision for the downtown area and to develop a mission statement that would direct how the community perceived the City to be in the future. She asked that the City require owners to meet minimum standards. She said that business owners would frequently say that the bigger, larger, brighter and more obtrusive the sign, the better, and since she had an office in the Kraemer Building and it was a historic property, there was no signage allowed and that did not deter people for participating in businesses. She said that the more elegant the sign, the more appropriate the clientele and she noted that it was the quality of the product and the quality of the service provided. She added that she had the opportunity to attend Anaheim Beautiful where the businesses, property owners and industrial owners were recognized for their voluntary efforts in beautifying the City and she challenged Mr. West to improve the landscaping and she asked that those in support of having the conditional use permit denied and having the minimum landscaping required stand. Kent Chen stated that he was taking the position against the request. He said that the downtown area was changing and that was why his family had moved to the Historic District. He said that he believed that the City had been supportive to the pawnshop business and tried to work things out. He said that if the Council supported the request of the applicant, they would be taking a step in the wrong direction for the downtown area. He urged Council to support the staff recommendations and suggested maybe an extension of the conditional use permit for a year with a clear understanding to the property owner that this needed to get worked out. Mr. West said that at the last meeting, it was discussed that sometime in the next six to ten years the City would purchase ten feet off of the front of the property. If that was the case, he .-.- '<>", .",",...,--, ANAHEIM CITY COUNCIL MEETING MINUTES MAY 21,2002 PAGE 23 said, that would take the area that the Council wanted to have the trees planted in and it did not make sense to do so. He said he would continue to maintain the plants that were planted there and would also add other plants. He said he believed that the decisions of what should be planted there would rightfully be his since he paid the taxes and property and had worked hard for what he had there. He said that this was his primary source of income and to put out a tremendous amount of money for 24-inch box trees would be very costly and would be a determining factor of lowering the value of the property. Mayor Daly closed the public hearing. Mayor Daly referred to Mr. Chen's comments and said that he thought that this had been worked out at the public hearing a few months ago when the Council extended the permit for five-years and over his objections, did not ask for any changes in the signage. Council had asked for trees and shrubbery and he thought that had been a compromise and it was more generous than what had been warranted based on the Planning staff's analysis. He said that three months ago, Council extended the permit for five years with the additional condition that the landscaping be planted and the property owner asked for another hearing. He said that Council did not heed all of the recommendations of the Planning staff, nor did the Council do what Mr. West had asked which was to require no landscaping beyond what was there now. The sign that no longer conformed to the City's standards was left untouched, he said, and he had voted no on the conditional use permit. Mayor Daly noted that it was in the written staff report as well as the verbal reports from staff that the police had not said that. He said he believed the essence of Mr. Staehling's statement was that there was special policing needs for a pawnshop and that there should be special treatment in terms of landscaping and signage. Mayor Daly said he believed that it was not true that the Police Department recommended that no trees be planted and he had seen no evidence to the contrary. Council Member Tait suggested that the item be continued until Council Member Kring was present. He said he had voted yes on the conditional use permit a couple of months ago and he was not sure if the landscape issued had been addressed. He said he believed that it would be nicely landscaped and did not want to block the view of the pawn shop or completely block the sign. He stated that if the shop was newly built it would require eight new trees and on the small parcel with the three big trees out front and the little strip, would not look good and would block the view. He asked for a two-week continuance and that the parties come back with something that improved the landscape look and met the objective of being able to see the pawn shop. Council Member Tait moved for a two week continuance. Council Member Feldhaus said that on February 26, 2002, the trees and the landscaping were discussed and he added that staff had recommended a three-year permit and Council, by a 4 to 1 vote, had granted the permit for five years because of the considerations taken. He said that on January 14, 2002, when the item came before the Council for clarification purposes, staff consulted with the Anaheim Police Department with regard to planting low growing shrubbery to partially screen the parking lot at the location and the Police Department had no objection to low growing shrubbery or trees in the landscape planting areas. Council Member Feldhaus stated that at that same meeting of January 14, 2002, Mr. West indicated his willingness to plant palm trees in the area that would not block the view of the commercial center. The Planning Commission renewed the conditional use permit to expire on January 5, 2005 and they had noted that the non-conforming 25-foot high pole sign should be renovated and reduced in square footage to comply with the current sign code standards, he informed. He referred to Item 4 that said the existing 15-foot high, freestanding sign should be refurbished to compliment .-- ANAHEIM CITY COUNCIL MEETING MINUTES MAY 21,2002 PAGE 24 the on-site buildings, maintain symmetrical and balanced appearance and should be submitted to the zoning division staff for review and approval. The sign might include a maximum of one sign panel per tenant and should not exceed 82.5 square-feet of sign acre per face, he added. The conditional use permit was appealed, he said, and it came back to the Council for a hearing on February 26, 2002, even though staff had recommended a time frame of three years. It had been approved by Council until 2005 and the requirements of the landscaping were not changed. Council Member McCracken stated that she had voted for the permit last time and she said she had hoped that Mr. West and Mr. Staehling would look at a different image for Lincoln Avenue and to be a part of the downtown image. She said 25 to 30 years ago when the hedges were installed, they were acceptable and it was a different world. She explained that since the applicant was here three years ago, the electric lines had been taken down on Lincoln Avenue and the City had been spending millions of dollars to make a difference in the community and Council was asking the applicant to participate. She said that in her vision, she would have asked the applicant to the change the sign and she did not and was not asking them now. She asked Mr. West and Mr. Staehling to abide by the decision that was made a few months ago. Council Member Tait withdrew the motion to continue the item since he had not received a second. Mayor Daly explained that he had voted no last time partly because of the unwillingness of the property owner to upgrade the property in the spirit of the improvements that were taking place in the downtown area. He proposed a no vote. Council Member McCracken moved, seconded by Council Member Feldhaus, to approve the CEQA Finding of Negative Declaration. Mayor Daly voted no. Council Member Kring absent. Motion carried. Council Member McCracken offered Resolution No. 2002R-106 granting Conditional Use Permit No. 3802, upholding the previous decision as approved by Council on February 26, 2002, including conditions as read by the Planning Director. RESOLUTION NO. 2002R-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REINSTATING CONDITIONAL USE PERMIT NO. 3802 FOR A PERIOD OF FIVE YEARS TO EXPIRE JANUARY 14, 2007, AND AMENDING CERTAIN CONDITIONS OF APPROVAL RELATING THERETO AS SET FORTH IN RESOLUTIONS NO. 99R-3 AND PC95-143. Roll call vote: Ayes - 3, Council Members McCracken, Feldhaus, and Tait. Noes - 1, Mayor Daly. Absent - 1, Council Member Kring. Motion carried. Executive Director Fick summarized the conditions that had been previously approved and said that the prior resolution approved by Council specified that the use was limited. The specific conditions had a termination period of January 14, 2007 and hours of operation limitations from 9:00 A.M. to 9:00 P.M., Monday through Sunday daily, he noted. Condition NO.3 stated that no required parking area should be fenced or otherwise enclosed for outdoor uses other than for parking. No compact parking spaces were permitted and the trash storage areas had to be compatible with the requirements of the Public Works Department, walls protected from graffiti via vines. The property was required to be permanently maintained in an orderly fashion, he said, which required address numbers to be displayed on the roof and he added that the most ~-- ANAHEIM CITY COUNCIL MEETING MINUTES MAY 21,2002 PAGE 25 significant condition was that within 90-days of the date of this resolution, a landscape plan should be submitted to the Zoning Division staff showing a total of eight minimum 24-inch box size trees and a shrub screen in the landscape planter adjacent to Lincoln Avenue in the planter containing the freestanding signage. He said that the Community Services Division of Urban Forestry should approve specific tree species, said landscaping planted within 30-days of date of staff's approval and shall thereafter be maintained in healthy condition and not unreasonably pruned. Any trees planted on site would need to be replaced in a timely manner in the event they were removed, damaged or diseased, he said, and permanent landscaping irrigation systems had to be installed and otherwise in conformance with plans on file. Mayor Daly asked for clarification of the expiration of the permit and Director Fick responded that it would be January 14, 2007. Report on Closed Session Actions: The City Attorney reported that the City Council took action in closed session to approve payment of the claim of Spirit Life Worship Center, 121 West Cypress Street, in the amount of $15,738.12 for damage to the claimant's sewer system occurring as a result of installation of fiber optic cable in the City right-of-way, and authorized the City Attorney to initiate litigation against Nielson Dillingham Builders and/or other responsible for such damage. Council Communications: Council Member Feldhaus commented about the Anaheim Children's Festival held on May 18, 2002. He added that the annual Flag Day ceremony would be held on June 9, 2002, in the downtown Center Street Promenade area, in front of Disney Ice. Adjournment: There being no further business to come before the City Council, Mayor Daly adjourned the May 21,2002 meeting to June 4,2002 at 2:00 P.M. for the continued 2002/03 budget public hearing Respectfully submitted: ~~ Sheryll Schroeder, CMC/AAE City Clerk --