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2002/06/18 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING JUNE 18, 2002 The City Council of the City of Anaheim met in special session. PRESENT: Mayor Tom Daly, Council Members: Lucille Kring, Tom Tait and Shirley McCracken. Council Member Frank Feldhaus entered the Chamber at 2:43 P.M. STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, Assistant City Clerk Cynthia Daniel-Garcia, Executive Director of Planning and Community Development Joel Fick. A copy of the agenda for the special meeting of the Anaheim City Council was posted on June 14, 2002 at the City Hall inside and outside bulletin boards. Mayor Tom Daly called the special meeting to order at 2:40 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. WORKSHOP: General Plan and Zoning Code Update Program City Manager, David Morgan, introduced Executive Director of Planning and Community Development, Joel Fick, who presented the General Plan and Zoning Code Update Program workshop. Director Fick introduced Richard Ramella, Principal and Chief Executive Officer and Bryan Judd, Project Manager of the Planning Center and said that the first phase of the program was a fact-finding and database building program and was now complete. He said that products from this phase included the gathering of input from the community and from local decision makers via a series of workshops and the end result was the Anaheim vision statement which was designed to describe what Anaheim would look like, feel and function like 25-years from now. He informed that they were midway through the second phase of the program, which included the preparation and analysis of three potential land use alternatives and the alternatives would offer three options toward defining the pattern and intensity of land uses citywide. Once the alternatives had been thoroughly analyzed, he said that recommendations would be presented from the General Plan Advisory Committee and Planning Commission to the Council for consideration. Director Fick noted that the alternatives would be viewed by Council in the summer and would produce a selection of the preferred alternatives that would serve as the foundation for the general plan and the elements. The third and final phase of the general plan would include writing and the preparation of the general plan document and an implementation program, he noted, and the date for the completion of the entire general plan program would be June 2003. He explained that the workshop was to focus on the potential planning objectives that were under consideration through out the City and the initial objectives were forwarded to Council in April, prior to the general plan rally, which was held at Edison Field. Approximately 750 people at the rally had the opportunity to present their thoughts and to vote on objectives and concepts that were of importance to them, he said, and the City received tremendous feedback from a broad-based cross section of the community. The objectives were also presented at the Cinco de Mayo Festival and the west Anaheim barbecue the following week, he said, and following the input process, the objectives were reviewed by the General Plan Advisory Committee and the Planning Commission. Director Fick explained that all of the programs initiated and endorsed by the Council over the past couple of years and concepts that the City Manager brought forth would be tied into one comprehensive planning and policy document for the City. ~--- - ---- -- ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 18, 2002 PAGE 2 Richard Ramella of the Planning Center said he and his consultant team had recognized that different areas in the City had different problems and he said that they had decided to break the City into approximately eleven separate study areas. He noted that the each area was studied in detail and came up with preliminary lists or planning objectives and those were the subjects of the rally at Edison Field. He said that people had the opportunity to vote for the things that they thought were most important and based on that, the Planning Center had begun to prepare alternative plans for each of the study areas and then they would come up with the Citywide plan. He highlighted some of the objectives for the study areas and said that people were looking for the undergrounding of utility lines and additional landscaping and parkways since those were things that they saw every day. He spoke about taking some of the west Anaheim ideas and incorporating them in other areas of the City and the concept of boulevard housing was encouraged and the concept of consolidating commercial development around key intersections rather than stretching it out along arterial highways was also considered. As part of the implementation plan, there would be a list of action items that the City Manager and Department Heads and Council could use for budgeting purposes, he noted. The development of commercial in premium locations and the undergrounding of utilities were important and north Euclid was an important entryway into the City. He said that the general plan would look for opportunity areas and would show what the City could do to build on those opportunity areas such as the north Euclid area and the college campus. Boulevard housing could also be built and there could be conversion of some of the strip commercial to more active uses and he added that there was a great deal of potential on north Euclid Street. In response to Council Member Kring, Mr. Ramella said the cross streets for the analysis of north Euclid were from the 91 Freeway to the flood control channel and he said he would like to include La Palma. Mr. Ramella said that Euclid Street to the portion of Lincoln was heavily impacted by the widening of the 5 Freeway and there was a lot of vacant land that was set aside because of the construction of the 1-5 Freeway. He said that there should be another gateway there and a lineal corridor into the City. It was important to establish a sense of place and community by the way the gateway was treated and utilizing vacant surplus pieces of land and that portion into the Colony area serving as a gateway were important. He said the north central industrial area, from East Street, west of Harbor Boulevard, and La Palma north to the City limit, needed upgrading and cleaned up and more amenities created and made a nicer place for industrial and office uses. Council Member Tait asked about the gateway and Mr. Ramella said that it would be on Harbor Boulevard and that Lemon Street could also be a gateway and the general plan would come forth to Council on a parcel specific basis. Mr. Ramella spoke about the Colony area and said that the downtown area should be a cultural, artistic and civic center of the City. He said that there had been positive reaction to convert Santa Ana Street to a residential street by pulling up the railroad tracks and converting some of the older industrial area around the tracks to a nice residential area. He noted the need for some high-quality residential development closer to the downtown area and within the downtown and Colony area. If Santa Ana Street was converted to a residential street, he recommended not loosing the railroad right of way from Olive and Santa Ana to the stadium area because it would provide a great connection someday and it could be used for pedestrians and bicycles or a trolley. People wanted heavy landscaping in the power line easement at the freeway and Anaheim Boulevard, which was one of the major gateways into the City and he recommended that all the power lines be looked at in terms of providing opportunities for - .. ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 18, 2002 PAGE 3 landscaping and trails, edges and buffers. The Olive corridor would serve as the easterly edge of the Anaheim Boulevard development and the corridor was wide enough to be landscaped and serve as pedestrian bicycle passage way. He said that one of the alternatives would be building the concept of mixed-use districts that would expand the opportunities for development and this would take the concept of overlay zoning even further and use it in more areas of the City. In the east Anaheim area, undergrounding of utilities was important and there were opportunities to enhance State College Boulevard. There had been ongoing acquisition of land on Lincoln Avenue, between East Street and State College Boulevard, and that would serve to improve East Lincoln Avenue. The Planning Center recommended that the park next to Lincoln School be expanded and boulevard housing could go across the street from that. He said that the City could acquire the right of way into the Anaheim Cemetery from Lincoln Avenue to what used to be the main gates and turn it into a little park even though it was currently a private alley. Mr. Ramella spoke about the stadium area and said that there was a concept of creating a transportation center there and there needed to be transportation systems in Orange County and with MAGLEV and Rapid Transit and he said he believed that the City was on the right track with that concept. He said that it could be the opportunity to build more into the stadium than just the entertainment center that the current plan reflected and that it could be the economic center of Southern California. The insertion of upper-end, professional housing to serve future offices that could be developed in the area, he said, was important. State College Boulevard would be one of the most important streets in Orange County because of the stadium and the proximity to the Arrowhead Pond and there was a new CalTrans headquarters to be placed on the other side. There had been a $400 million improvement in the UCI Medical Center and there was the Block in Orange and Anaheim had all that potential along State College. The Canyon Business Center had great potential, he noted, and there were several areas of it that had good visibility from the 91-Freeway and the development potential should be maximized and the intensity of uses around the Metrolink site should be looked at. Mr. Ramella said that the Planning Center had heard from the people that they did not want the hill and canyon area to change and they asked that views and scenic vistas be protected and work to keep or get the traffic under control on the 91-Freeway and maintain the rural area. He noted that there was a great deal of concern about maintaining the academic standards in the schools and it would tend to bring more people back into the Colony area if the schools were improved there. Mayor Daly asked if there was a means to suggest locations of public or private schools in the City and Mr. Ramella stated that there was one school site that the School District was contemplating acquiring. He said the Planning Center could prepare an exhibit that coincided with the general plan that would identify needs so the process would allow for and accommodate that. Director Fick added that Planning would be working closely with all the school districts as the land use alternatives were being developed. Mr. Ramella stated that the Planning Center, after running alternatives by Planning Commission and Council, would analyze the plans by doing a fiscal and economic analysis, a traffic model .. .,... ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 18, 2002 PAGE 4 and look at the student generation factors to determine additional areas where schools would be needed. He explained that there would be implications and when Council got to the point of selecting the preferred alternative, the consequences would be known. Council Member Tait noted that most downtown areas he was familiar with were centered around their commerce center and he said that it sounded as if housing was going to be built in the City's downtown area. Mr. Ramella stated that there would be retail commercial downtown and it would be a gathering place for cultural events, museums, the library and community activities and it would be the focal point of Anaheim. Council Member Feldhaus asked about setbacks along the boulevard and stated that now that everything sat out in the front, there was a deficiency of parking and he asked if the professional enterprises should be out on the street with parking behind them. Mr. Ramella responded that the new community centers he had seen were 25 to 35-feet wide from the front of the curb to the store face and that included landscaping, outdoor seating and the store fronted right on the sidewalk and the parking structures were behind the retail space. He stated that usually, on top of or in between the parking structure and retail space were the higher-rise, four to seven-story residential developments. Council Member Feldhaus said he could not see building housing along Santa Ana Street until the railroad was taken out and it was not maintained and was blighted. Mr. Ramella stated that it was not even safe and he pointed out that wherever there was a right of way like that, preserve it and at least show it on the general plan. Council Member McCracken said that she saw the possibility of housing and it was more than boulevard housing and she encouraged looking at having high-rise apartments in a mixed-use and some commercial in an area where people would not be protesting it. Mr. Ramella said that there was no residential in the stadium area and the structures that Council Member McCracken had spoken about would accelerate the economic growth. Council Member McCracken mentioned having air space condominiums and she spoke about the hill and canyon area and about keeping the area rural. She said that Santa Ana Canyon needed to be upgraded and landscaped. Mr. Ramella agreed and said that Council would find several planning objectives that leaned in that direction. Council Member McCracken asked about having codes that allowed for those types of development and Director Fick said that the program was a comprehensive package and management tool for the City and part of the general plan update included a Zoning Code update and would be coming forward. Mr. Ramella said that the Planning Center was making proposals in the general plan that would be unique and require creative zoning that would make them work like some of the mixed use districts. Council Member McCracken asked if the Planning Center had seen any additional high-rise buildings in the Colony downtown core and Mr. Ramella said that he was concerned with scale in regards to high-rise downtown and thought that the idea of combining uses, such as placing apartments on top of parking, could be used for mixed use projects and maybe the ground floor of structures could be used for specialty retail. - '......-- ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 18,2002 PAGE 5 Council Member Tait said that people were entitled to do certain things with the property today and he asked if this limited the entitlement in the future. Mr. Ramella said that where changes were proposed, everybody would be grandfathered under their existing entitlements and the approach would be to open up opportunities and flexibility rather than limiting them. Mayor Daly asked Mr. Ramella and staff to bring to Council more specific information as soon as possible and he said that the downtown area was expected to have more mixed use and more mid-rise. He asked if the downtown could accommodate it if someone wanted to build a ten-story residential tower and where would be a good idea and where would not be a good idea to build it. He mentioned that it would be the same with the stadium area and asked that information include what other communities had been doing. Council Member Tait asked what the City would look like if the plan was implemented and Director Fick said that the next phase was to move into the alternatives and that would be the long-range vision for all the areas in the community and solidifying City policies into the future. Mayor Daly asked to have a specific vision laid out so the Council could decide whether or not they wanted it. Mr. Ramella said that he would show Council examples of what the areas could be translated into at a visualization workshop. He said this would take place before the Zoning Code was rewritten. Director Fick said that he would like Council's early input of what Council would like this to become or confirm thoughts or alternatives that the consultant was looking at. Council Member Kring said she was concerned about modeling the City after another city and Mr. Ramella said that the Planning Center and City were researching and had economists working on the project and the market would be tremendous. Mr. Ramella said that the introduction of residential development into that area would stimulate the market. Director Fick stated that there would be three different themes of land-use related alternatives that would be presented by area to Council. In response to Mayor Daly about the differences among the alternatives, Mr. Ramella responded that in terms of the physical land use plan, three preliminary concepts had been given. One was called the opportunities plan and that was the opportunity to create parks or new school sites in all of the areas. He said that the second alternative was based on transportation and he was looking at the rapid bus. He noted the Planning Center would like to reach the point where Council selected what they liked out of each one of the alternatives and they would be blended into a final plan to take forward in writing as general plan text. He said that the third alternative was one where land uses were combined to simplify the plan and build into it greater flexibility than the other two plans had and was being done on a parcel-by-parcel basis. Mayor Daly noted that the alternatives covered different subject areas and he asked what the distinguishing feature of the three alternatives was for planning purposes. Mr. Ramella said that there would be a separate set of alternatives based on population and those would be used for the environmental impact report and there would be a low, medium and high growth alternative. He said the three alternatives would be tested in terms of what could be accommodated in terms of population, jobs and student population growth and then the Planning Center would see what the system could handle. -~._~ ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 18, 2002 PAGE 6 Director Fick said it was levels of approach and there were common themes among all of them and one may be woven into the open space and conservation element and it had themes that would tie in with all three. Mr. Ramella said that the Planning Center had pulled out of the land use plan, schools, parks, open space, corridors and landscaped street ways and that would be an exhibit and a way to tie things together and build upon the greening of the City. Each alternative could yield the greening concept and it did not have to do that, he added, and it would be the open space and conservation element of the plan. Mayor Daly asked if there were a certain number of intersections that could be enhanced and would it show up in the transportation alternative. Mr. Ramella spoke about entryways and specifically noted that at Euclid Street and Romneya Drive there was a unique entry way with palm trees and he suggested doing that same thing for every residential street that intersected at an arterial highway to soften it. Several areas had been identified between the 91-Freeway and Anaheim Plaza on Euclid Street where that could occur and it could be applied to other areas in the City. Director Fick stated that Council would see more information later in the summer or early fall. At 4:03 P.M., Mayor Daly adjourned the special meeting and called to order the regular meeting of June 18,2002 at 4:04 P.M. ADDITIONSIDELETIONS TO CLOSED SESSION: None. PUBLIC COMMENTS - CLOSED SESSION ITEMS: None. Mayor Daly moved to recess to Closed Session, seconded by Council Member Feldhaus. Motion carried. The Council recessed to Closed Session at 4:05 P.M. 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Kord Group v. The Fieldstone Company, et aI., Orange County Superior Court Case No. 76-32-58. 2. CONFERENCE WITH 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) 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) - ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 18, 2002 PAGE 7 Name of case: City of Anaheim, et al. v. California Independent System Operator, Federal Energy Regulatory Commission Docket No. ELOO-111-002. 6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: The Grand Canyon Trust and Sierra Club v. Public Service of New Mexico, U.S. D.C. Case No. CIV 02-552 BB/JHG. 7. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: City of Anaheim v. Glenn Ellington, Secretary of Taxation and Revenue, First Judicial District, Santa Fe County, State of New Mexico Case No. 0101-00-2000- 01707. 8. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code) Number of potential cases: one 9. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS (Annual performance reviews followed by possible public session action concerning salary adjustments) Title: City Manager, City Attorney, City Clerk, City Treasurer AFTER RECESS: Mayor Daly called the regular Council meeting of June 18, 2002 to order at 5:48 P.M. and welcomed those in attendance. INVOCATION: Pastor Mark Bove, Calvary Chapel Anaheim FLAG SALUTE: Council Member McCracken Recognitions to be presented at a later date were certificates of recognition for Marjorie Rothrock and Eliza Cason for their service on the Community Services Board and a declaration recognizing the Big Brothers/Big Sisters of Orange County. At 5:49 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 6:03 P.M. ADDITIONSIDELETIONS TO THE AGENDA: None. PUBLIC COMMENTS: James Robert Reade asked that African Americans be promoted to the highest chain of command in the Police Department. Frank Delgadillo said he was a leader at the community organization at St. Boniface Catholic Church and a member of the Orange County Congregation Community Organizations. He said that many residents were concerned about the presence of the Immigration and Naturalization Service agent at the City jail. He said that families were afraid to be separated and he spoke - ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 18, 2002 PAGE 8 about the identification cards offered through the Mexican Consulate. He said that the community organization at St. Boniface Church invited the Mexican Consulate to visit and distribute the identification cards and 2,000 people were present to receive the cards and there were only 500 cards. He said that the group intended to continue to pursue and amend the policy to protect their families and increase security. An unidentified male spoke Spanish and he was later identified as Christo Bahis and was interpreted by Frank Delgadillo who asked that Council consider the Latino community. He said that they were afraid of being out on the streets because of the police and the possibility of being deported for not having identification cards. Dara Kovel of Mercy Housing said that the most recent proposal for 23-units of housing for people disabled by HIV and AIDS was located at 2761 West Ball Road. She noted that Mercy had a deadline of July 17, 2002 for a funding application that was crucial to making the project move forward and it would bring $2.3 million to the development. She said that if that deadline was not made, the development would be postponed for nine months and she requested that Council schedule a meeting prior to July 15, 2002 if possible. Dean Rinamine 1877 Parkview Circle, Costa Mesa, spoke about the upcoming decision of the Orange County Sanitation District regarding the 301 H Waiver. He said it was to not treat the outfall from the Sanitation District to full, secondary and that the pathogens would not be removed and he noted that Orange County Sanitation District was one of the few agencies that had a waiver. He spoke about the proposed increases in fees and said that approximately 53 percent of people were in favor of it. Linda Nichols addressed the 301 H Waiver and said that the ocean was the largest natural resource that the County had and that it was a beach economy. She said it was important to not pollute the ocean and there were a lot of toxins going into the water every day and it was making people sick and it was bad for the ocean ecosystem. She urged the Council to vote against continuing the 301 H Waiver. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions, seconded by Council Member Kring. Motion carried unanimously. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A35: 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. Council Member Tait abstained on Items A24 and A25 and he voted no on Item A31 and Council Member Kring abstained on Item A35. Mayor Daly offered Resolutions Nos. 2002R-141 through 2002R-153 and Ordinance No. 5814 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 May 2002; minutes of the Park and Recreation Commission meeting held May 22, 2002; and minutes of the Redevelopment and Housing Commission meeting held May 22, 2002. 160 A3. Accept the bid of Best Roofing and Waterproofing, Inc., in an amount not to exceed $116,380 (including tax), for re-roofing the arena dome area of the Convention Center in accordance with Bid #6290. "-=..~......~._" ,.""" "''''''''''''''''-''~''''~~'''.~'"' ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 18, 2002 PAGE 9 A4. 160 175 A5. 169 A6. 158 A7. 158 A8. 123 A9. Authorize the increase of the not to exceed amounts for the first renewal option from, $130,000 to $149,100, and the second renewal option from, $149,100 to $156,555, for printing the Anaheim Magazine for the periods from September 30,2002 through September 29, 2003 and September 30, 2003 through September 29, 2004 in accordance with Bid #6197. Award of contract to the lowest responsible bidder, ARA Engineering Contractor, in the amount of $1,094,600, for the installation of disinfection facilities at Well Nos. 39,40,41, 46 and 47 and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Award the contract to the sole responsible bidder, GCI Construction, Inc., in the amount of $507,809, for the Euclid Street Improvement Project and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Approve and authorize the Mayor and City Clerk to execute the Amendments to Agreements of Purchase and Sale and Joint Escrow Instructions with 888 Building LLC and Orange County Transportation Authority to allow additional time for closing escrow for the purchase of the Spaghetti Station and Pacific Inland Bank properties by Pacific Islandia. Approve and authorize the Mayor and City Clerk to execute the Agreement for Acquisition of Tenant-Seller's Interest in Real Property with Genie DVD and Video, in the amount of $15,000, for property located at 1011 West Lincoln Avenue. Approve a five-year Cooperative Agreement with the Orange County Transportation Authority, with an option to extend for a period of up to five additional years, to provide funding and equipment for the operation of the Senior Mobility Program. Mayor Daly said that the proposal was to contract with the Super Shuttle Company to provide the service and he asked if Super Shuttle vehicles would be marked differently than the regular Super Shuttle vehicles that served the airports of Southern California. Diana Kotler, Commuter Services Associate Transportation Planner, said that as part of the agreement with Orange County Transportation Authority, the City would be provided with three vehicles to offer the service. The vehicles would be colored by Orange County Transportation Authority so that they would be schemed countywide and called Senior Wheels, she said, and the vehicles would not be a part of Super Shuttle's regular fleet and would not be mixed up with the fleet of vehicles that provided service to the airports. Mayor Daly asked what type of vehicles would be provided and Ms. Kotler said it would be a 17- passenger bus that was currently operated by the Orange County Transportation Authority and instead of retiring the vehicles, they were being given to cities to operate the shuttle. She added that the vehicles would be ADA equipped where Super Shuttle vans were not. A10. Approve and authorize the Mayor to execute the Amendment and Restatement of National Pollutant Discharge Elimination System (NPDES) Stormwater Permit Implementation Agreement with the County of Orange for assistance with compliance activities prescribed in the Municipal NPDES Permit. 123 - 123 176 158 113 127 ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 18, 2002 PAGE 10 A 11. Approve the Grant Agreement with the California Energy Commission, in the amount of $177,500, to convert the City's local refuse collection fleet from diesel to clean burning alternative fuel vehicle technologies. A12. RESOLUTION NO. 2002R-141 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. ABA2002-00054) (1126 North Euclid Avenue). Mayor Daly asked if there was anything in the way of setting the public hearing that signaled the City's intent to approve a proposed development at that site. City Attorney, Jack White, said that there were two separate decisions to be made and Council had the choice in approving the abandonment to make it subject to conditions so that if Council did not want the abandonment to occur, except contingent upon some change of zoning, and then the separate development could be considered at a later date. Public Works - City Engineer, Gary Johnson, stated that the action was to set the hearing date for August 6, 2002 and that the development would come before the Council prior to that time. He said that the idea of the developer was to do the two actions concurrently instead of waiting for the decision and then applying for the abandonment. Set for public hearing August 6, 2002. A13. RESOLUTION NO. 2002R-142 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interest therein (City Deed Nos. 10523, 10522, 10521, 10520, 10514 and 10515). A14. RESOLUTION NO. 2002R-143 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (Public Works Department). 174 A15. RESOLUTION NO. 2002R-144 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and authorizing an application for funds from the Orange County Sanitation District's Cooperative Project Program Sewer Flow Monitoring Grant and authorizing the City Manager to execute all necessary documents in connection with such application and subsequent award of funds. A16. RESOLUTION NO. 2002R-145 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM calling and giving notice of the holding of a general municipal election to be held on Tuesday, November 5,2002, for the election of certain officers as required by provisions of Article XIII, Section 1300 of the City Charter. RESOLUTION NO. 2002R-146 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM requesting the Board of Supervisors of the County of Orange to consolidate a general municipal election to be held on November 5, 2002, with the statewide general election to be held on that date pursuant to Section 10403 of the Elections Code. RESOLUTION NO. 2002R-147 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting regulations for candidates for elective office pertaining to - 114 123 123 174 175 123 123 123 ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 18, 2002 PAGE 11 candidates statements submitted to the voters at an election to be held on Tuesday, November 5, 2002. A 17. Provide $5,000 to support the Anaheim Sister Cities Association for their program of international understanding A18. Approve Amendment NO.5 to Agreement No. C-8-0184 with the Orange County Transportation Authority, in an amount not to exceed $33,865, to provide transportation services to senior citizens participating in the Project TLC lunch programs from July 1, 2002 through June 30, 2003, or until the start date of the Senior Mobility Program. A 19. Approve the agreement with Major League Softball, Inc., for scorekeeping, umpiring and tournament services for the period of July 1, 2002 through June 30, 2005. A20. Accept partial funding from the U.S. Department of Justice for the 2002 Bulletproof Vest Partnership Grant Program in the amount of $2,986. RESOLUTION NO. 2002R-148 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Chief of Police, on behalf of the City of Anaheim, to file an electronic application with the U.S. Department of Justice, Bureau of Justice assistance, to participate in the fiscal year 2003 Bulletproof Vest Partnership Grant Program, and authorizing the Chief to execute all required grant documents. A21. Authorize the Public Utilities General Manager to provide notice to the California Independent System Operator of the City's intent to become a participating transmission owner on January 1, 2003 and authorize the execution of the application for Participating Transmission Owner status. A22. Approve the License Agreement Amendment with Southern California Edison to extend the agreement to retain a pole line in Southern California Edison's transmission line right-of-way between the Santa Ana Freeway and Southern Pacific Railway right-of-way 123 A23. Approve the License Agreement Amendment with Southern California Edison to extend the agreement to retain a fiber optic backbone cable on the pole line in Southern California Edison's transmission line right-of-way from west of Claudina Way to Lewis Street. A24. Approve and authorize the Public Utilities General Manager to execute the Agreement for Replacement of Overhead with Underground Communication Facilities with Pacific Bell Corp., to permit joint trenching and to share construction costs for work within Underground District No. 39, Orange Avenue. Council Member Tait abstained on Item A24. A25. Approve and authorize the Public Utilities General Manager to execute the Joint Use Agreement with Southern California Edison Company for replacement of overhead facilities with underground facilities within Underground District No. 41, La Palmallmperial. Council Member Tait abstained on Item A25. -..- 153 153 153 123 123 123 123 123 179 ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 18, 2002 PAGE 12 A26. RESOLUTION NO. 2002R-149 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the International Brotherhood of Electrical Workers, Local 47 and the City of Anaheim. A27. RESOLUTION NO. 2002R-150 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Municipal Employees Association, General Unit and the City of Anaheim. RESOLUTION NO. 2002R-151 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Municipal Employees Association, Clerical Unit and the City of Anaheim. A28. RESOLUTION NO. 2002R-152 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establish rates of compensation for classifications assigned to the General Unit represented by the Anaheim Municipal Employees Association. RESOLUTION NO. 2002R-153 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution 97R-101 which established rates of compensation for unrepresented part-time job classifications. A29. Approve and authorize the City Manager to execute Amendment No. 1 to the Occupational Training Vendor Agreement with Brem Industries, Inc., for provision of occupational skills training services. A30. Accept an award of funds by the County of Orange Board of Supervisors, authorize the Mayor to execute the Temporary Assistance to Needy Families Cost Reimbursement Agreement with the County of Orange for the implementation of a Non-Custodial Parent Program and increase revenues and expenditures by $208,415 in Fund 220. A31. Approve the Second Amendment to the Cooperation Agreement with Anaheim Housing Authority and Anaheim Redevelopment Agency regarding the Jeffrey-Lynne Neighborhood Revitalization Project (refer to Housing Authority Item 1 and Agency Item 5). Council Member Tait voted no on Item A31. A32. Approve and authorize the City Manager to execute the Agreements Regarding Conveyance of Real Property, Operating Covenant and Restrictive Covenants with Automotive Properties, LLC and Hardin Automotive relating to the Anaheim Auto Center at Ball Road and the 57 freeway and find that the sale of the properties pursuant to said agreements are in the best interest of the City and waive the need to sell by public bid. A33. Approve and authorize the Mayor to execute the Loan Agreement with the Redevelopment Agency for acquisition of real property located at 1234 and 1300 South Anaheim Boulevard for new commercial uses (refer to Agency Item 6). A34. ORDINANCE NO. 5814 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2001-00066. 820 - 824 South Magnolia Avenue) (Introduced at the Council meeting of June 11,2002, Item A16). ~ ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 18,2002 PAGE 13 114 A35. Approve minutes of the Council meeting held May 21, 2002. Council Member Kring abstained on Item A35. END OF CONSENT CALENDAR Mayor Daly noted that the scheduled public hearing for the Mercy Housing development was July 23,2002 and the deadline for submitting the paperwork to the State was July 17, 2002. He suggested that the hearing be scheduled for July 2, 2002 and he asked about the application for State tax credits. Executive Director of Community Development, Elisa Stipkovich, stated that if the July 17, 2002 deadline for submitting the application for State tax credits were not met, the next deadline would be about nine months later. Mayor Daly asked that Community Development follow up with more information. Director Stipkovich stated that the schedule was based on when the TEACAC Committee would meet and it was not on a regular quarterly basis or every six moths and depended on the availability of the members. Mayor Daly stated that it was a reasonable request with that type of deadline and he said that Council should try to accommodate the schedule. Mayor Daly asked if the noticing requirements could be met for the July 2,2002 public hearing and City Clerk, Sheryll Schroeder, said that the noticing requirements could be met. Council Member Kring moved, seconded by Council Member McCracken, finding that there was a need to act on changing the hearing date for Reclassification No. 2002-00072 and Variance No. 2002-04499 and adding that item to the agenda. Motion carried unanimously. Mayor Daly moved, seconded by Council Member McCracken, to change the scheduled public hearing date from July 23, 2002, to July 2, 2002 and direct the City Clerk to give the appropriate legal notices for Reclassification No. 2002-00072 and Variance No. 2002-04499. Motion carried unanimously. 105 A36. BOARD/COMMISSION APPOINTMENTS/REAPPOINTMENTS TO TERMS EXPIRING JUNE 30, 2002. PLANNING COMMISSION FOR NEW TERMS EXPIRING JUNE 30, 2006 (Arnold, Koos) Council Member Tait asked to continue the Planning Commission appointment to the next Council meeting, seconded by Council Member Kring. Vote: Ayes - 2, Council Members Tait and Kring. Noes - 3, Mayor Daly and Council Members McCracken and Feldhaus. Motion failed to carry. Mayor Daly moved to appoint John Koos to the Planning Commission for a new term ending June 30, 2006, seconded by Council Member Feldhaus. -- ..........,~.....,...,..,I"".,-,_.",.._...~'" ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 18, 2002 PAGE 14 Council Member Tait nominated Bobby McDonald. Council Member Kring nominated Kevin Crampton. Mayor Daly moved, seconded by Council Member Kring, to close nominations. Motion carried unanimously. Roll call vote for John Koos: Ayes - 3, Mayor Daly and Council Members Feldhaus and McCracken. Noes -2, Council Members Kring and Tait. Motion carried. Roll call vote for Bobby McDonald: Ayes - 2, Council Members Kring and Tait. Noes - 2, Mayor Daly and Council Member McCracken. Abstained - 1, Council Members Feldhaus. Motion failed to carry. Roll call vote for Kevin Crampton: Ayes - 2, Council Members Kring and Tait. Noes - 3, Council Members Feldhaus, McCracken and Mayor Daly. Motion failed to carry. John Koos was reappointed to the Planning Commission, term ending June 30,2006. Mayor Daly moved to continue the Planning Commission seat vacated by Tony Arnold to July 2, 2002, seconded by Council Member Kring. Motion carried unanimously. PARKS AND RECREATION COMMISSION: (Hamblin) Council Member Kring moved to open nominations for the Parks and Recreation Commission for the position of Marla Hamblin, term expiring June 30, 2006. Council Member Kring nominated Linda Newby. Council Member McCracken nominated Carlos Ortiz. Mayor Daly moved, seconded by Council Member Kring, to close nominations. Motion carried unanimously. Roll call vote for Linda Newby: Ayes - 2, Council Members Kring and Tait. Noes - 1, Council Members Feldhaus. Abstained- 2, Council Member McCracken and Mayor Daly. Motion failed to carry. Roll call vote for Carlos Ortiz: Ayes - 4, Council Members Feldhaus, McCracken, Tait and Mayor Daly. Noes - O. Abstained - 1, Council Member Kring. Motion carried. Council Member Kring changed her vote to aye for a unanimous appointment of Carlos Ortiz to the Parks and Recreation Commission. Mayor Daly moved that all the other persons who had been serving on the Boards and Commission be reappointed, seconded by Council Member Feldhaus. Motion carried unanimously. -............ 123 ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 18, 2002 PAGE 15 BUDGET ADVISORY COMMISSION FOR NEW TERM EXPIRING JUNE 30, 2006: William O'Connell. COMMUNITY SERVICES BOARD FOR NEW TERMS EXPIRING JUNE 30, 2006: Larry Herschler, June Lowry, Martha Miser, Frank Ramirez, Mary Sloan, and Jacquelyn Terrell. INVESTMENT ADVISORY COMMISSION FOR NEW TERM EXPIRING JUNE 30, 2006: Jack Schrader. LIBRARY BOARD FOR NEW TERMS EXPIRING JUNE 30, 2006: Burton Fink and David Laviguer. PARKS AND RECREATION COMMISSION FOR NEW TERMS EXPIRING JUNE 30, 2006: Andrea Manes and Esther Wallace. PUBLIC UTILITIES BOARD FOR NEW TERMS EXPIRING JUNE 30, 2006: Stephen Faessel and Charles Peltzer. REDEVELOPMENT & HOUSING COMMISSION FOR NEW TERM EXPIRING JUNE 30, 2006: Jerry Sheinblum. SENIOR CITIZEN COMMISSION FOR NEW TERMS EXPIRING JUNE 30, 2005: Ethel Clayton and I. J. Kitty Preston. 5:00 P.M. JOINT PUBLIC HEARING ANAHEIM CITY COUNCIL AND ANAHEIM REDEVELOPMENT AGENCY: At 6:54 P.M., Chairman Daly reconvened the Anaheim Redevelopment Agency. Chairman/Mayor Daly opened the joint public hearing and hearing no testimony, closed the joint public hearing. Mayor Daly offered Resolution No. 2002R-154 for adoption. RESOLUTION NO. 2002R-154 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT WITH PAINT YOUR HEART OUT ANAHEIM, INC., A CALIFORNIA CORPORATION, REGARDING CERTAIN PROPERTY AT 511 EAST BROADWAY AND MAKING CERTAIN ENVIRONMENTAL AND OTHER FINDINGS IN CONNECTION THEREWITH. Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes - O. Motion carried. At 6:56 P.M., Chairman Daly moved, seconded by Agency Member Kring, to adjourn the Anaheim Redevelopment Agency. .,...~. 179 ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 18, 2002 PAGE 16 Items B1 throuQh B2 From ZoninQ Administrator MeetinQ of Mav 30. 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 JUNE 21,2002: B1. VARIANCE NO. 2002-04502 CATEGORICALLY EXEMPT - CLASS 3: OWNER: Maria G. Delgadillo, 626 N. Rose Street, Anaheim, CA 92805 AGENT: Lorena Garcia, 521 North East Street, Anaheim, CA 92805 LOCATION: 626 North Rose Street. Property is 0.16-acre property located at the southeast corner of Rose Street and Wilhelmina Street. Waiver of maximum fence height to retain and permit existing unpermitted 5-foot high block wall pilasters and the construction of new 4-foot high wrought iron panels in between the pilasters, within the required front yard setback of a single-family residence in the RS- 7200 (Residential, Single-Family) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 2002-04502 approved (ZA2002-17). Director Fick stated that this was a neighborhood quality issue and at the hearing and based on the Zoning Administrator's investigation, she had found that there were a very high number of front yard fences existing on Rose Street and coupled with the lack of opposition received from the neighbors, the Zoning Administrator was inclined to approve it at the hearing. Mayor Daly asked if there were any other circumstances where a variance was granted because other property owners had violated the City's Code's. Director Fick responded that on this street, the unique circumstance was that a number of fences were existing, non-conforming and were permitted there from a legal standpoint. The Zoning Administrator had found the fence to be more compatible with the neighborhood. Mayor Daly asked if the legal, non-conforming fences were fences that were built before the Code was approved. Zoning Administrator, Annika Santalahti, said that this street had more fences than she had ever see in the City and she could see why the property owner had not realized that they were supposed to go into the City for a permit. Fences had been installed on over half of the properties, she said. Mayor Daly asked if this was the only property that was not a legal, non-conforming use and were there any other Code violations of fencing in the neighborhood. Zoning Administrator Santalahti said that she could not tell unless the permits were actually checked when they were issued and it was hard to tell because of the combined rod iron and pilaster fences and some of the rod iron went higher which meant that it might not be needed. Director Fick said that these came to staff's attention based on complaints filed with Code Enforcement. Code Enforcement did not proactively go out and look for violations like this and in this case, there was construction of some pilasters into the right of way area and the Zoning Administrator addressed the item in the approval, he said, and that was probably why this particular item had come to the City's attention. -,..,... 179 179 ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 18,2002 PAGE 17 Mayor Daly asked if the pilasters in the right of way area need to be rectified as part of this and Director Fick said that they would and would need to be either relocated or obtain an encroachment permit from Public Works. Mayor Daly asked if there were any more of these and Director Fick said that there were none that staff was aware of. Mayor Daly noted that he was not comfortable waiving the Code and said that there were some extenuating circumstances and neighbors that had built fences before there was a prohibition. Council Member Tait said that it would be reasonable to grant the Variance. Mayor Daly said that Council should not see any more of the variances such as this one in the City since they were not allowed. Director Fick noted that the grounds for granting a variance, if there were exceptional circumstances, such as topography, there may be unique circumstances on a corner lot and that was why staff was very careful to look at these. He said in this case, to grant a variance again based upon a right that others enjoy in a neighborhood, would not be inconsistent. In terms of neighborhoods where there were some of the sidewalk-fronting fences, which were built before there was a prohibition, Mayor Daly asked if there were any other situations like this on streets with one-third of the houses with fences and would staff make a similar recommendation that it was all right to have one even if it was not allowed. Director Fick said that there was additional information that came out that mitigated some of staff's concerns and answered some of the questions raised. Mayor Daly asked if this was an isolated circumstance and Director Fick said he believed that it was. B2. VARIANCE NO. 2002-04501 CATEGORICALLY EXEMPT - CLASS 3: OWNER: Jim H. Roberts, 20379 Fallen Oak, Yorba Linda, CA 92886 AGENT: Antonio Tang, Promaster Dev., Inc., 23447 Golden Springs Drive, Diamond Bar, CA 91765 LOCATION: 357 South Ramsaate Drive. Property is 0.71-acre property, has a frontage of 80 feet on the west side of Ramsgate Drive, has a maximum depth of 265 feet and is located 190 feet north of the centerline of Whitestone Drive. Waiver of maximum structural height to permit the construction of a new two-story, single-family residence in the RS-HS-22,OOO (SC) (Residential, Single-Family Hillside; Scenic Corridor Overlay) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 2002-04501 approved (ZA2002-20). Items B3 throuah B13 From Plannina Commission Meetina of June 3. 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 JUNE 25, 2002: B3. CONDITIONAL USE PERMIT NO. 2716 CATEGORICALLY EXEMPT - CLASS 1: OWNER: City of Anaheim, 201 South Anaheim Boulevard Anaheim, CA 92805 - 179 ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 18,2002 PAGE 18 AGENT: Alexander Development, 2766 Pomona Boulevard Pomona, CA 91768 LOCATION: 8375 East La Palma Avenue. Property is approximately 9.3-acres located at the northeast corner of La Palma Avenue and Weir Canyon Road (Weir Canyon Acura). Request to expand the existing office and showroom floor areas and permit roof- mounted equipment for an existing automotive dealership facility. ACTION TAKEN BY THE PLANNING COMMISSION: Approved amendment to Conditional Use Permit No. 2716 (PC2002-78) (7 yes votes). B4. CONDITIONAL USE PERMIT NO. 2002-04537 SPECIMEN TREE REMOVAL PERMIT NO. 2002-00003 AND NEGATIVE DECLARATION: OWNER: Russell D. Miller, 415 South Anaheim Hills Road Anaheim, CA 92807 AGENT: Anaheim Hills Racquet Club, Attn: Russell Miller and William Wilkens, 415 South Anaheim Hills Road, Anaheim, CA 92807 LOCATION: 415 South Anaheim Hills Road. Property is approximately 8.13 acres located at the southwest corner of La Paz Way and Anaheim Hills Road (Anaheim Hills Racquet Club). CONDITIONAL USE PERMIT NO. 2002-04537 - Request to expand an existing tennis club by modifying previously-approved exhibits (which included accessory food/beverages and alcohol sales) to construct three (3) additional tennis courts for a total of twelve (12). SPECIMEN TREE REMOVAL PERMIT NO. 2002-00003 - Request for retroactive approval for the illegal removal of seven (7) specimen (Eucalyptus) trees. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2002-04537 granted, in part (PC2002-79) (5 yes votes, Commissioners Arnold and Vanderbilt voted no). Specimen Tree Removal Permit No. 2002-00003 approved, in part (4 yes votes, Commissioners Arnold, Eastman and Vanderbilt voted no). Negative Declaration approved (7 yes votes). Council Member Feldhaus asked if the developer had submitted a final landscape and irrigation plan to the Zoning and Urban Forestry Divisions. Executive Director of Planning and Community Development, Joel Fick, stated that was a condition of approval for the applicant to submit the final landscape and irrigation plans and it had not yet been submitted. Council Member Feldhaus said he was reluctant to approve the item until the plans had been submitted. City Attorney White stated that any of the Planning Commission items could be set for public hearing either during the meeting or file, outside of the meeting, with the City Clerk a request to set the item for public hearing prior to the June 25, 2002 deadline. Council Member Feldhaus asked to set Item B4 for public hearing since he said he believed that they had been subject to Code Enforcement violations. .".';........... ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 18, 2002 PAGE 19 Mayor Daly asked if there was some way other than a Council hearing, to make sure that the plans were submitted. Director Fick stated that the Planning Commission approved the item on June 3, 2002 with a condition that it be completed prior to the commencement of activity or within a period of 30- days since the Commission had concerns about the item getting done. He said that there was a short time span in terms of the requirement to submit the permit and in the event that a plan was not submitted within 30-days, they would not be able to satisfy that condition of approval on the permit. Council Member McCracken said that there were very large trees along the road that they had purchased. City Attorney White said that one of the enforcement mechanisms the City had was to with hold permits for construction and operation of the three additional tennis courts. As a condition of getting the courts constructed and operating, they had to submit and obtain approval of the landscape plan. Director Fick stated that the trees were removed without a permit and had they applied for a permit in advance, the typical replacement would be a two for one ratio, which would have been 14, 15-gallon trees. The Urban Forestry Division priced the value of the damage done by the removal of the trees at $31,290, he said, and the Planning Commission based their mitigation approval on the replacement value and required the 28, 36-inch box replacement trees and additional landscaping at that value be installed. The Planning Commission had given them a 30-day time limit to develop the plan and submit it to the Planning Commission. In response to Council Member Feldhaus, City Attorney White said that to avoid any further legal action by the City, it would need to be verified that the Racquet Club had complied with the conditions relating to the illegal removal of the trees. City Attorney White said that the condition was adequate to give the City assurance that they would meet the condition. The City held the power over the Racquet Club adding additional tennis courts which was what they wanted and the City had additional power, which was the criminal process, he added, and would only be exercised in the event that they failed to comply with the condition that was currently in effect. Mayor Daly asked that staff keep the Council informed on the item in terms of the compliance and Director Fick said that staff would and would communicate to the applicant Council's heightened interest on the item and their comments. 179 B5. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2002-04543 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Eluteria Gutierrez, 1205 North Ralston Street Anaheim, CA 92801 AGENT: Emiliano Perez, 306 North Anaheim Boulevard Anaheim, CA 92805 LOCATION: 306 North Anaheim Boulevard. Property is approximately 0.17-acre with a frontage of 68 feet on the east side of Anaheim Boulevard located 94 feet north of the centerline of Cypress Street. ...... ..... ',".'~.,' . . .,"+--_..._~ 179 179 179 ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 18,2002 PAGE 20 Request to permit a commercial retail center and to retain an unpermitted automotive repair business and banquet facility with waiver of a minimum number of parking spaces ACTION TAKEN BY THE PLANNING COMMISSION: Waiver of code requirement denied (7 yes votes). Conditional Use Permit No. 2002-04543 denied (PC2002-80) (7 yes votes). B6. CONDITIONAL USE PERMIT NO. 4186 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Donald Eickoff, 2831 East Gretta Lane, Anaheim, CA 92806 AGENT: Custom RV. Inc., 2831 East Gretta Lane Anaheim, CA 92806 LOCATION: 2831 East Gretta Lane. Property is approximately 0.48-acre having a frontage of 114 feet on the north side of Gretta Lane located 430 feet east of the centerline of Blue Gum Street. Requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on April 10, 2000 to expire April 1 0, 2002) to retain the retail sales, storage, servicing and maintenance of recreational vehicle trailers (travel trailers) in conjunction with an existing contractor's storage yard with the modification or deletion of a condition of approval pertaining to sidewalk improvements. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement of Conditional Use Permit No. 4186 with deletion of time limitation (PC2002-81) (7 yes votes). B7. CONDITIONAL USE PERMIT NO. 2667 AND NEGATIVE DECLARATION: OWNER: Kenneth W. Holt, 1557 West Mable Street Anaheim, CA 92802 AGENT: Fairmont Schools, Attn: David Jackson, 1575 Mable Street Anaheim, CA 92802 LOCATION: 121 South Citron Street. Property is approximately 0.73-acre located at the northwest corner of Chestnut Street and Citron Street (Fairmont Private School). Requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on May 28, 1997 to expire May 28, 2002) to retain a modular classroom at a private school. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement of Conditional Use Permit No. 2667 to expire on May 28, 2007 (PC2002-82) (7 yes votes). Negative Declaration previously approved. B8. CONDITIONAL USE PERMIT NO. 4031 AND NEGATIVE DECLARATION: OWNER: The Boeing Company, 3370 East Miraloma Avenue Anaheim, CA 92803 AGENT: The Boeing Company, Anaheim Division, Attn: D. L. Gilliam 3370 East Miraloma Avenue, Anaheim, CA 92803 LOCATION: 3370 East Miraloma Avenue. Property is approximately 112 acres located at the southwest corner of Miraloma Avenue and Miller Street (Boeing North American). Requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on May 27,1998 to expire May 27, -- 179 179 179 ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 18, 2002 PAGE 21 2002) to retain twenty-six temporary office trailers in conjunction with a research and development facility. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement of Conditional Use Permit No. 4031 to expire on May 27,2006 (PC2002-83) (7 yes votes). Negative Declaration previously approved. B9. CONDITIONAL USE PERMIT NO. 2001-04355 NEGATIVE DECLARATION: OWNER: Ming International Group, 9202 Ellsworth Drive Huntington Beach, CA 92646 AGENT: Searchlight Ministries, 5247 East Orangethorpe Avenue Anaheim, CA 92807 LOCATION: 5247 East Oranaethorpe Avenue. Property is approximately 1.47 acres located at the northeast corner of Orangethorpe Avenue and Post Lane (Searchlight Ministries). Requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on May 21, 2001 to expire May 21, 2002) to retain an existing church within a commercial shopping center. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement of Conditional Use Permit No. 2001-04355 to expire on May 21, 2007 (PC2002-84) (7 yes votes). Negative Declaration previously approved. B10. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2002-04547 CATEGORICALLY EXEMPT - CLASS 1: OWNER: James Tsai, 7002 Moody Street, # 105 La Palma, CA 90623 AGENT: Mike Israelsky, 17165 Newhope Street, Suite H Fountain Valley, CA 92708 LOCATION: 3150 West Lincoln Avenue. Unit 108. Property is approximately 5.75 acres located at the southwest corner of Lincoln Avenue and Topanga Avenue (Jossen Vocational Academy). Request to permit a vocational training school within an existing commercial center with waiver of a minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Waiver of Code Requirement approved (7 yes votes). Conditional Use Permit No. 2002-04547 granted (PC2002-85) (7 yes votes). B11. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2002-04544 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Katella LLC, 1500 East Katella Avenue Anaheim, CA 92805 AGENT: Transwestern Community Services, 1404 East Katella Ave. Anaheim, CA 92805 LOCATION: 1424 East Katella Avenue. Property is approximately 17.1 acres having frontages of 1,022 feet on the south side of Katella Avenue and 302 feet on the north side of Gene Autry Way located 661 feet west of the centerline of State College Boulevard. - 179 179 ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 18, 2002 PAGE 22 Request to permit a church within an existing business park with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Wavier of Code Requirement approved (7 yes votes). Conditional Use Permit No. 2002-04544 granted for four years to expire June 3, 2006 (PC2002-86) (7 yes votes). REPORTS AND RECOMMENDATIONS: B12. VARIANCE NO. 2001-04440 - REQUEST FOR RETROACTIVE EXTENSION OF TIME. CATEGORICALLY EXEMPT - CLASS 1: Mark Kettler, 6 East Yale Loop, Irvine, CA 92604, requests a retroactive extension of time for a previously approved conversion of garages to carports in an apartment complex at 1125 and 1127 West Diamond Street. ACTION TAKEN BY THE PLANNING COMMISSION: Denied retroactive extension of time to Variance No. 2001-04440 (7 yes votes). B13. REQUEST FOR APPROVAL OF NEW APPLICATION AND POLICY PERTAINING TO PUBLIC CONVENIENCE OR NECESSITY REQUESTS. CATEGORICALLY EXEMPT SECTION 15061 (b)(3): City of Anaheim, Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. ACTION TAKEN BY THE PLANNING COMMISSION: Approved new application and policy for Public Convenience or Necessity requests (7 yes votes). 6:00 P.M. PUBLIC HEARINGS: 174 C1. A public hearing to consider a resolution to authorize the expenditure plan for the fiscal year 2002 Local Law Enforcement Block Grant Funds. Police Chief, Roger Baker, said that the purpose of the public hearing was to authorize the Police Department's expenditure plan for fiscal year 2002/2003 Law Enforcement Block Grant application, which were federal funds. He said that the City was a recipient of Local Law Enforcement Block Grant funds for the past six years. For the majority of the years, the grant funds were earmarked for the Police Department's Mobile Data Computer Project and the project was now complete, he informed. Council approved the use of the funds for a live-scan fingerprint system for the Police Department's east station and a new upgrade on the jail security system. The Police Department wished to focus on homeland security and it was the Department's desire to use a majority of the block grant funds for specialized vehicles for the Police Department's first responder units which would be fully equipped and used as a mobile command post, he noted. Remaining funds would be used for other items found on the Police Department's equipment and technology needs list, he said, and the list was updated frequently and prioritized to meet the most critical needs of the Department. Mayor Daly opened the public hearing and hearing no testimony, closed the public hearing. Mayor Daly moved, seconded by Council Member McCracken, to approve and authorize the expenditure plan for funds in the amount of $367,298 to be awarded by the United States - ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 18, 2002 PAGE 23 Department of Justice under the Fiscal year 2002 Local Law Enforcement Block Grant Program. Motion carried. Council Member Feldhaus absent. Mayor Daly offered Resolution No. 2002R-155 for adoption. RESOLUTION NO. 2002R-155 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Chief of Police to submit an electronic grant application on behalf of the City of Anaheim to the U.S. Department of Justice, Bureau of Justice Assistance, for the fiscal year 2002 Local Law Enforcement Block Grants Program. Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Tait and Kring. Noes- O. Absent - 1, Council Member Feldhaus. Motion carried. Report on Closed Session Actions: Mayor Daly moved, seconded by Council Member Tait, to approve a five-percent increase in salary, effective July 5,2002, for David Morgan upon completion of six months as City Manager. Council Member Feldhaus absent. Motion carried. Council Communications: Council Member Tait moved to change his vote on Item Agency 5 to a no vote. Council Member McCracken announced that on June 22, 2002, downtown Anaheim presented the Spirit of America Celebration and activities began at 10:00 AM., and finish line activities began at 12:30 P.M. at Center Street Promenade and Lemon Street. She also announced that there was a free patriotic concert and ice cream social at 7:00 P.M. on June 29, 2002, at the Church of Jesus Christ of Latter Day Saints. The Fourteenth Annual Fourth of July Celebration began at 6:00 AM. with a 5K and 10K walk/run at 7:30 AM. at Canyon High School, she said, a pancake breakfast from 8:00 AM. to 10:00 AM., activities were held through out the day. At 9:00 P.M. there would be a spectacular firework show. Council Member Kring asked that the meeting be adjourned in memory of former Mayor, Jack Dutton, who passed away June 15, 2002. She announced that on June 22, 2002, at 10:00 AM., the American Cancer Society would have the first Relay for Life and there would be a walk or luminary for those who had lost the fight to cancer. She requested a workshop with the Orange County Sanitation District regarding the 301 H Waiver. Adjournment: There being no further business to come before the City Council, Mayor Daly adjourned the meeting at 7:34 P.M. in memory of former Mayor, Jack Dutton. Respectfully submitted: ~~t Sheryll Schroeder, CMC/AAE City Clerk ~ c"""'~'f~,..__'."