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1997/02/25ANAHEIM, CALIFORNIA- CITY COUNCIL MINUTES FEBRUARY 25, 1997 The City Council of the City of Anaheim met in regular session. PRESENT: PRESENT: ABSENT: PRESENT: MAYOR: Tom Daly COUNCIL MEMBERS: Shirley McCracken, Tom Tait, Bob Zemel, Lou Lopez COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White ASSISTANT CITY MANAGER: Dave Morgan CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann M. Sauvageau DEPUTY CITY MANAGER: Tom Wood PLANNING DIRECTOR: Joel Fick PUBLIC UTILITIES GENERAL MANAGER: Ed Aghjayan SENIOR PLANNER: Cheryl Flores POLICE INVESTIGATOR: Tom Engle A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:00 p.m. on February 21, 1997 at the Civic Center Kiosk, containing all items as shown herein. Mayor Daly opened the workshop portion of the Council Meeting of February 25, 1997 to order and welcomed those in attendance to the meeting (3:14 P.M.). City Manager, James Ruth. This is the appointed time for a workshop on the Community Planning Program. Planning Director, Joel Fick will be making the presentation. Twenty-eight planning areas within the City have been identified. Staff has done an excellent job working with the community and community meetings were held attended by residents/businesses in the State College area (formerly referred to as Planning Area 17, now the East Anaheim Planning Area). Staff will share the resultant information as well as the status of the program. 179: COMMUNITY PLANNING PROGRAM: Joel Fick, Planning Director. Approximately one year ago, the City Council in a joint work session with the City Planning Commission moved the City into an entirely new and exciting planning realm, i.e., community planning. The new program set out as its goal to work in concert with other city-wide neighborhood improvement programs to preserve and enhance the City's neighborhoods but this particular one would have a land use focus and give each and every residential neighborhood in the entire city, a proactive land use "checkup". Today is another milestone day for the City since the two items under discussion are the first of their kind ever to be considered or presented to the Council. Many departments in the City have all played key roles. One of the documents submitted to the Council is a set of recommended action items for the East Anaheim Planning Area (see 21-page document entitled, East Anaheim Action Plan Recommendations containing 53 recommend actions). The slides to be presented will be highlighting and summarizing the recommendations. Within the next four years, all neighborhoods west of the I-5 will have been examined. The slide presentation then "walked" the Council through the 53 action items in the plan. The actions were developed from the survey sent to each and every resident and business in the area, (more than 6,000) meeting with individuals, numerous telephone and in-person communications, and two ANAHEIM, CALIFORNIA - COUNCIL MINUTES FEBRUARY 25, 1997 community meetings which were held where input was received from over 300 residents. The recommendations in the action plan identify and focus on areas where staff believes opportunities exist for further enhancements and improvements. He then briefed the 53 recommendations under the following general categories: General Plan Amendments and Zoning Reclassifications (7 recommendations); Commercial Area Improvements (3); Balsam Avenue/Banyan Drive/Curtis Court Area Improvements (3); Underhill Avenue/State College Boulevard Improvements (3); Miraloma Avenue/Sunkist Street Improvements (4); Landscaping Improvements (5); Code Amendments (7); Additional (other) Recommendations (21), i.e., restore and maintain existing entry monuments, identify vacant properties and monitor future development/use of the sites, address existing deficiencies, etc. In concluding, he stated community planners will be assigned to specific neighborhoods so there will be a direct liaison to the residents of the community which is another unique aspect of the program. Staff is available to answer questions. Questions were then posed by Council Members which were addressed by Mr. Fick. Council Member Lopez relayed specific areas of concern which he asked staff to look into, one in particular being the single-family homes on State College from Lincoln south to South Street that have become rentals and which owners have divided up thereby impacting the (density) of the area; Joel Fick. Relative to that issue, a lot of the residents that have lived in the area for many years expressed the same concern. He then explained that staff plans to give periodic updates/status reports to the Council relative to the action plan. He feels six months would be an appropriate time frame. Other issues addressed by Council Members were strip centers, what expectations the residents were left with after the community meetings, the need for improvements at the intersection of State College and Lincoln which will necessitate working with property/business owners, those items in the action plan that can be readily addressed vs. those issues which will take some time, etc. Mr. Fick noted that balancing community interests and private property rights is a major challenge/goal. Council Member Lopez was emphatic that cleaning up the intersection of State College and Lincoln was of major importance. He also felt they should be aggressive with the owner of the East Anaheim Shopping Center (at Lincoln and State College) to assist in that regard which would be advantageous not only to the City, but also the shopping center. He also noted the "decline" in the types of businesses in the center as well as the vacant stores, all of which has combined in presenting a less-than-positive image for the area. Mayor Daly pointed out that on a positive note, one of the landmark restaurants in Orange County (Luigi's) on State College Boulevard is expanding their parking lot to accommodate their many patrons and further south on State College a huge new tile center is coming in. A great deal of investment is occurring. That is also a reason to approach the property owners and businesses at the Lincoln/State College intersection and to let them know of the City's plans as well, such as undergrounding of utilities, etc., and the expectation of a cooperative effort to clean up their properties and keep them well maintained. It is necessary to be more aggressive in that area. Council Member McCracken. The Chamber of Commerce has helped the City in working with businesses in the past and perhaps a State College Business Association could be formed to pull the businesses together and to give guidelines and assistance. Perhaps something can be worked out. Joel Fick. He feels working through the Chamber is a good idea. Some Chamber members have seen the presentation; staff will be glad to give a presentation to the Board. Council Member Zemel. He has a liaison meeting with the Chamber in a week. Any thoughts can be put in a memo and he will present those at the meeting. ANAHEIM, CALIFORNIA - COUNCIL MINUTES FEBRUARY 25, 1997 Mayor Daly. He agreed that today represents a milestone and is a fine-tuning of the planning that occurred many years ago. It will be a challenge trying to juggle a number of competing interests. The Council will look forward to future reports on the 53 recommendations and as planning gets under way in other neighborhoods. Mr. Fick stated that next will be areas 1 and 3 west of Gilbert all the way to the west City limits and from north Lincoln Avenue to the southerly City limits. There are also some Redevelopment programs which will be under way in that area. It is an opportunity to work together and very closely on some of those efforts. Staff expects to be holding the same types of community meetings as in East Anaheim. A lot of interest has been expressed by community leaders in the west Anaheim area. Mayor Daly. He thanked all those involved in the effort and for the informative presentation today. It is very challenging but will be one of the most important and rewarding projects taking place in the City for the next 10 to 15 years. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there were no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Close Session items. The following items are to be considered at the Closed Session. 1. CONFERENCE WITH LABOR RELATIONS: Agency negotiator: Dave Hill Employee organizations: AFA, AMEA and Local 956 (Teamsters) CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) EXISTING LITIGATION Name of case: In re Baldwin Builders and Baldwin Building Contractors, debtors, USBC Case No. 95-10357RR. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant to subdivision (c) of Section 54956.9: Two potential cases. LIABILITY CLAIMS: Name of Claimant: Bob Landwehr Agency claimed against: City of Anaheim. RECESS: Mayor Daly moved to recess into Closed Session. Council Member Lopez seconded the motion. MOTION CARRIED. ( 3:55 p.m.) ANAHEIM, CALIFORNIA - COUNCIL MINUTES FEBRUARY 25, 1997 AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:15 p.m.) INVOCATION: Reverend Jimmie Gaston, State College Church of Chist, gave the invocation. FLAG SALUTE: Council Member Tom Tait led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following Proclamation was issued by Mayor Daly and authorized by the City Council: March - 1997 - Volunteer Recognition Month in Anaheim Virginia Patterson and Linda Hoffman, two of the many dedicated volunteers in the City of Anaheim, accepted the Proclamation; Mayor Daly noted that the Annual Volunteer Recognition Banquet will be held on Monday, March 3, 1997 at the Anaheim Convention Center recognizing those individuals who collectively have contributed over 100,000 volunteer hours to the City resulting in a savings of $600,000. 119: DECLARATIONS OF RECOGNITION: Declarations of Recognition were unanimously adopted by the City Council recognizing Raul Pacheco (15) and Dominic Gonzales (11) for their participation in the U.S. National Silver Gloves Boxing Tournament. Raul, a sophomore at Anaheim High School won the National Silver Gloves Championship in his weight division (175 lbs.) defeating two prominent boxers in that weight class, the first time Anaheim has had a National Boxing Champion. Although Dominic did not become a national champion, it was an honor for him and the City to be a finalist in the national title round. Mr. Ed Kostiuk, Director of the Anaheim Boxing Club, introduced the boxers and then acknowledged and thanked those whose financial support made the trip to the finals in Kansas possible as well as providing needed equipment for the Boxing Club -- Bill Taormina, Doug Auschlander, and George Gritten. He also introduced his Boxing Coaches, Richard "Rip" Isen and Dennis Gonzales stating that they were the finest in their field. He also thanked the Council for their support, including financial support, for the Boxing Club Program. He especially thanked Council Member Lopez who had the vision years ago to start the Boxing Club which has been especially beneficial to the youth of the community and now, for the first time, has produced a National Champion, Raul Pacheco. Mayor Daly and Council Members commended all those involved in the program and expressed heartfelt congratulations on behalf of the Council and the City to both Raul, the National Champion, and Dominic, a National finalist. ANAHEIM, CALIFORNIA - COUNCIL MINUTES FEBRUARY 25, 1997 119: RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: DECLARATION recognizing Altrusa International, Inc., of Anaheim on their 50th Anniversary. PROCLAMATION recognizing March 1997 as Purchasing month in Anaheim. PROCLAMATION recognizing Elsie Reed as the Cypress College Foundation 1997 Americana Citizen of the Year for Anaheim. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,362,241.79 for the period ending February 18, 1997 and $4,272,779.03 for the period ending February 24, 1997, in accordance with the 1996-97 Budget, were approved. ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Scott Tucker, Assistant Women's Softball Coach at Cypress College, a non-profit educational institution. Sixty percent of their coaches and players reside in Anaheim. A fund- raising softball tournament was held at Maxwell Park in Anaheim on February 8 and 9, 1997. The field rental was $1,162. After all expenses, including the field rental, they suffered a net loss of $800. In 1991, they proposed to the Council a reduction of their field rental fees and the City did reduce those fees. He is now requesting a reduction in the field rental fees for Maxwell Park. Since the field is very close to the college, it is advantageous to use it and they would like to continue doing so. He emphasized that the success of their program thrives on their fund raising efforts but they lost money on the recent tournament. He explained for the Mayor that they did talk to the Parks and Recreation Department about the fees but were told the authority to reduce fees lies with the Council and that is why he is before the Council today. Mayor Daly. He will ask the City Manager to review the facts of the matter and advise the Council as to his recommendation. He asked Mr. Tucker to supply all the relevant information to the City Manager's Office and/or the Parks and Recreation staff to be sure all the details are submitted. Greg Martin, 861 High Street, Anaheim. He explained that in December of 1996, he called out a Code Enforcement Officer to show the officer code violations in his apartment which he wanted fixed. The owner of the property never fixed them even though he was found in violation on January 20. On February 18, 1997, the Code Enforcement Officer "raided" his (Martin's) apartment based on the fact that he found a propane tank inside which he was using for his barbecue. It was inside to prevent it from being stolen. The reason given by Code Enforcement was suspicion, and only suspicion. He went to the Anaheim Police Department to get an incident report printout, but there was none. Code Enforcement Officer, Gary Moore, came out and reviewed and reopened the case. He told his wife it is now pending (criminal action). He wants to know why he can't instead get Code Enforcement to take care of the problem he called them out to fix. Mayor Daly. He will ask the City Manager to give the Council a report on the facts of the situation. ANAHEIM, CALIFORNIA - COUNCIL MINUTES FEBRUARY 25, 1997 PUBLIC COMMENTS - AGENDA ITEMS: Public input was received on Item A15, A20 and A21 (see discussion under those items). MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of February 25, 1997. Council Member Lopez seconded the motion. MOTION CARRIED. Mayor Daly. Since the City Clerk indicated there were a number of people who wished to spesk on Item A15, he is recommending that the item be removed from the consent calendar and acted upon separately. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded by Council Member Lopez, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Mayor Daly offered Resolutions No. 97R-17, for adoption. Mayor Daly offered Ordinance No. 5590 for adoption. Refer to Resolution/Ordinance Book. A1. A2. 118: Rejecting and denying certain claims filed against the City. Referred to Risk Management. The following claims were filed against the City and actions taken as recommended: a. Claim submitted by Mimi Ramirez for bodily injury sustained purportedly due to actions of the City on or about April 21, 1996. b. Claim submitted by Alex Naidovich for bodily injury sustained purportedly due to actions of the City on or about September 19, 1996. c. Claim submitted by Ezequiel Velez for property damage sustained purportedly due to actions of the City on or about November 10, 1996. d. Claim submitted by Floyd H. Howard for property damage sustained purportedly due to actions of the City on or about December 7, 1996. e. Claim submitted by Bob Landwehr for bodily injury sustained purportedly due to actions of the City on or about June 6, 1996. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held January 8, 1997. 140: Receiving and filing the Anaheim Public Library Monthly Statistical Report for the month of December, 1996. 156: Receiving and filing the Anaheim Police Department Crime Statistical Report for the month of January, 1997. 175: Receiving and filing correspondence received from Pacific Telesis regarding their plans to offer video services to the residents of Anaheim via a wireless digital television network utilizing Multi-Channel, Multi-Point Distribution System technology. ANAHEIM, CALIFORNIA - COUNCIL MINUTES FEBRUARY 25, 1997 105: Receiving and filing minutes of the Telecommunications Policy Advisory Committee meeting held August 15, 1996. 128: Receiving and filing the Monthly Financial Analysis presented by the Finance Director for six months ended December 31, 1996. 112: Receiving and filing a Supplemental Law Enforcement Services Funds (SLESF) Report for the month of January, 1997, as submitted by the City Treasurer. 117: Receiving and filing the Investment Portfolio Report Executive Summary for the month of January, 1997, as submitted by the City Treasurer. 105: Receiving and filing minutes of the Investment Advisory Commission meeting held December 18, 1997. 105: Receiving and filing minutes of the Budget Advisory Commission meeting held January 15, 1997. A3. 151: Approving an Encroachment License Agreement with The Gas Company to install a natural gas service line to Anaheim Stadium. A4. 170: Approving the Final Map of Tract No. 15123, and the Subdivision Agreement with Shea Homes; and authorizing the Mayor and City Clerk to execute said Subdivision Agreement. Tract No. 15123 is located at Banner Ridge Drive and Canyon Heights Drive in the Summit of Anaheim Hills, and is filed in conjunction with Specific Plan No. 88-1. Council Member Tait. He declared a conflict on this item and will, therefore, be abstaining from any discussion or action. A5. 170: Approving the Final Map of Tract No. 15125, and the Subdivision Agreement with Shea Homes; and authorizing the Mayor and City Clerk to execute said Subdivision Agreement. Tract No. 15125 is located at Foxhollow Drive and Crown View Way in the Summit of Anaheim Hills, and is filed in conjunction with Specific Plan No. 88-1. Council Member Tait. He declared a conflict on this item and will, therefore, be abstaining from any discussion or action. A6. A7. A8. A9. 123: Approving Sewer Relocation Utility Agreement Nos. 12-UT-361 and 12-UT-443 for the I-5 Widening Project, Segment B-l; and authorizing the Mayor and City Clerk to execute the subject utility agreements on behalf of the City. 123: Approving a Local Agency-State Agreement for Federal-Aid Project No. 12-5055 Program Supplement No. 065 Revision 2 for the Harbor/Lemon/SR91 Freeway Interchange; and authorizing the Mayor and City Clerk to execute said Agreement. 158: Approving the Reimbursement Agreement to Parsotam R. Patel and Parvatiben P. Patel property owners, in an amount of $4,800 for sign relocation to Harbor Boulevard (Vermont Avenue to Ball Road Project). 160: Accepting the low Bid of General Switchgear, Inc., in the amount of $246,990 for one each 13.8 K.V. outdoor metal-clad switchgear for Clair Substation, in accordance with Bid #5617 and Specification E-30-96. ANAHEIM, CALIFORNIA - COUNCIL MINUTES FEBRUARY 25, 1997 A10. 123: Authorizing a Second Amendment to Agreement with Bielski Masonry and Window Cleaning, to increase services for the City and compensation in the not to exceed amount of $50,107 for window cleaning services at various buildings in the City. All. 153: ORDINANCE NO. 5590: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTION 1.05.070 OF CHAPTER 1.05 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE AND ADDING A NEW SECTION 1.05.075 TO CHAPTER 1.05 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO POLITICAL ACTIVITIES OF CITY EMPLOYEES. (INTRODUCED AT THE MEETING OF FEBRUARY 11, 1997, ITEM A8.) A12. 123: Approving a First Amendment to the Emergency Shelter Grant (ESG) Agreement with Orange County Association for Mental Health in the amount of $28,400. A13. 123: Approving the federally funded FY 1996/97 Emergency Shelter Grant 0 Agreement with the Anaheim Interfaith Shelter, in the amount of $33,400. A14. 123: Approving the federally funded FY 1996/97 Emergency Shelter Grant (ESG) Agreement with the Thomas House Temporary Shelter, in the amount of $5,000. A15. 174: To consider approving the FY 1997-98 funding requests for federal CDBG, HOME and ESG funding, and authorizing the Executive Director of the Community Development Department to prepare and execute the required documents. This item was removed from the consent calendar and discussed after consideration of the consent calendar items. A16. 150: ORDINANCE NO. 5591: (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 13.08 OF TITLE 13 OF THE ANAHEIM MUNICIPAL CODE BY ADDING SECTION 13.08.110 DESIGNATING ALL PUBLIC PARKS WITHIN ANAHEIM AS DRUG-FREE ZONES. A17. 153: RESOLUTION NO. 97R-17: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL UNIT. (AMENDING ARTICLE 17, SALARY RELATIONSHIPS, AND APPENDIX "A" WAGES FOR THE JOB CLASSIFICATION OF TRAFFIC CONTROL SUPERVISOR, EFFECTIVE FEBRUARY 7, 1997.) A18. 123: Approving an Amendment to Agreement with the County of Orange providing for an extension of time from December 31, 1995 until June 30, 1997, for the Southwest Anaheim Water Distribution System (Crestwood Lane Water Main Improvement); and authorizing the Public Utilities General Manager, on behalf of the City, to execute and deliver the Amendment to the Agreement in the form hereby approved. A19. 123: Approving a First Amendment to Agreement with CRSS Constructors, Inc., to increase contract amount to a not to exceed $50,000 and modify scope of services to include review of large fiber network plans. Council Member Tait. He declared a conflict on this item and will, therefore, be abstaining from any discussion or action. A20. 123: Accepting the bid of B&B Amusements, Inc., and authorizing the execution of a Contract for the annual Cinco de Mayo Fiesta for a period of one year, commencing May 1, 1997, with the option to extend for four additional one year periods, in accordance with Bid #5587. ANAHEIM, CALIFORNIA - COUNCIL MINUTES FEBRUARY 25, 1997 A21. 123: Approving a ten year waste disposal Agreement with the County of Orange at an initial fixed fee of $22 per ton (a $5 per ton decrease from existing rates) subject to change only as a result of uncontrollable circumstances (e.g. Acts of God), average annual inflation in excess of 4% per year, CERCLA impacts, or tonnage shortfalls. Jeff Kirsch, 2661 W. Palais, Anaheim. He posed questions relative to tonnage target tables on Item A21., and on A22., relative to the release of the personal corporate performance guarantees to be replaced with an irrevocable one million dollar letter of credit. Mayor Daly asked for a staff presentation on the items. Tom Wood, Deputy City Manager. The waste disposal agreement involves all 31 cities in the County working together to save money for their clients, the residences and businesses. He briefed staff report dated February 19, 1997 as well as some of the points listed in the summary of the agreement. (See, Summary of Key Business Terms and Conditions of Proposed Waste Disposal Agreement Between Cities and County of Orange, attached to the staff report). One of the major costs involved the "tipping" fee. The City currently pays $27/ton and the agreement reduces the cost by $5 to $22/ton and fixes that fee for a 10-year period. The agreement also retains the capacity the City has in a major asset. It is also good for the County and for all cities in the County. The strength of the proposal rests in part by looking at the alternatives which he briefed. Staff looked carefully at each of the alternatives and has gone to other potential disposal sites as far away as Arizona and find that none are as strong or as stable as an agreement as this one. The agreement requires cities equaling 1.8 million tons to all agree to this agreement with the County, between now and the end of March. The Board of Supervisors must also agree. Mr. Wood then answered questions posed by Council Member Tait relative to unforeseen or uncontrollable circumstances that could affect the contract rate as well as possible other related costs. Council Member Zemel. He had occasion to work closely on this issue as a member of the Sanitation District. City staff has put a lot of work into providing leadership in the negotiating process. The citizens of Anaheim were headed for an increase in fees but this proposal will eliminate that potential increase. It represents a big cost savings to the citizens. Mr. Wood and staff provided that leadership role in the process. Mayor Daly. He asked the expected timing for approval by all other cities and County government and when the agreement will be effective. Tom Wood. The County has set a March 31, 1997 deadline for cities equaling 1.8 million tons. Subsequently, the Board of Supervisors are expected to act on the agreement; it is to become effective July 1, 1997. Council Member McCracken. She asked Mr. Wood to address the tonnage shortfall issue as broached by Mr. Kirsch; Mr. Wood. A detailed answer would be complex -- the simple answer is, yes, that it has all been taken into account and Assembly Bill 939 has been factored into the numbers. A22. 130: Approving the acquisition of Taormina Industries, Inc., by Republic Industries, Inc., to reflect a change of Franchise ownership from Taormina Industries, Inc., to Taormina Industries, Inc., As A Wholly Owned Subsidiary of Republic Industries, Inc., d.b.a. Anaheim Disposal. See Item A21. above where some discussion took place on the issue. A23. 114: Approving minutes of the Anaheim City Council meeting held February 4, 1997. ANAHEIM, CALIFORNIA - COUNCIL MINUTES FEBRUARY 25, 1997 A24. A25. 158: Approving the Agreement for Grant of Temporary Construction Easement and Dismissal of Eminent Domain Litigation for 616 Convention Way (R/W 5160-2). 175: Referring an objection to the substitution of a listed subcontractor for a water meter relocation project to a hearing officer pursuant to Section 1.12.110 of the Anaheim Municipal Code; and designating the Engineering Contract Administrator (Jack Plake) as the Hearing Officer for such purposes. Roll Call Vote on Resolution No. 97R-17 for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 97R-17 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. (Council Member Tait abstained on items A4, A5, A19.) A15. 174: FY1997-98 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME, AND EMERGENCY SHELTER GRANT (ESG) FUNDING REQUESTS: To consider approving the FY1997-98 funding requests for Federal CDBG, HOME and ESG funding, and authorizing the Executive Director of the Community Development Department to prepare and execute the required documents. This item was removed from the foregoing Consent Calendar for separate discussion. Submitted was report dated February 25, 1997 from the Community Development Department recommending approval of the funding requests as outlined under the Discussion portion of the report. June Lowry, Chairman, Community Development Advisory Board (CDAB) which makes the recommendations to the City Council on CDBG, ESG and HOME funding. It was a very long process this year because there was a lot of training involved. She then explained the process in detail. In concluding, she explained that every citizen in the City had three opportunities to speak concerning the funding recommended and any citizen who says they were not able to talk would not be a true statement. There was a lot of input from all members of the Board and when it got down to the final vote, they voted based on their view of what was best for the City of Anaheim and its citizens. She thanked City staff who worked hard in supporting their efforts. Pastor Jimmie Gaston. He was accompanied by Frank Jacobsen who serves as Co-Chairman with him of the North Orange County Interfaith Volunteer Caregivers (IVC) which is a partnership between the Anaheim Religious Community Council and Martin Luther Hospital. The IVC provides services for people who "fall between the cracks" of insurance companies and other social service providers. They are told by the people they help, that nobody else is there to do what they do. The organization was begun about year ago with initial funding from the Robert Wods Johnson Foundation. Many cities have this type of operation ongoing. He explained and then further elaborated on the services provided and those that they need to provide. Their annual need is about $40,000 and they cannot do the work without financial help. He feels that block grant monies ought to support the organization. It is important that the Interfaith Volunteer Caregivers be assisted by these funds. He then clarified for Mayor Daly that as far as a minimum amount, if it was anything under $25,000, they would not be able to keep going. 10 ANAHEIM, CALIFORNIA - COUNCIL MINUTES FEBRUARY 25, 1997 Council Member McCracken asked when the organization was established; Pastor Gaston explained that it was about September, 1996 before the program started. Dr. Robert Jaimes Lamb, 2784 W. Westhaven Drive, Anaheim. He has practiced medicine in the community for about 30 years and is now a member of the IVC organization. He then spoke on behalf of the organization relaying incidents reflective of the assistance they provide and emphasizing the need for funding. Derek Coleman, owner in the Glen/Neighbors area. He is representing the owners and is present to support the allocation in the budget of $8,000 for the community shelter in the Glen/Neighbors area as well as support for the Code Enforcement Department that works in the neighborhood. The community center is very important to their efforts to clean up the neighborhood. Rick Rubio, CDAB for the Citron area, spoke in regard to Item 71 proposed for the FY97-98 period. He is first speaking on the need to construct a community shelter at Thomas Jefferson School both for use by adults and the youth of the community. Other people are present to speak to that issue. He also wants to bring more awareness to one of the issues not recommended by either CDAB or anyone else. Due to the fact that the item was in the public service area in the 15% cap, it was taken out of consideration. He spoke to Jan Billings, Superintendent of Anaheim Schools, who showed a lot of interest and understands the need for bus transportation for the residents of the Citron area to South Junior High and Sycamore Junior High School. Rosario Zamora, 814 S. Dakota Street, Anaheim. She asked for support for the community shelter at Jefferson School. There is a great need for it. It will be very good to have tournaments and then to have a place to meet to give out trophies and get the youth involved in sports. Her son also wants to speak to the issue. Carlos Zamora. He is here to tell the Council they need the shelter for tournaments like baseball, soccer and other things. It will give them a place to put the trophies for the ceremonies. Mayor Daly. Because the package presented is long and detailed, and because there are a variety of allocations in different programs, including the Emergency Shelter Grant (ESG) Program, he is going to suggest that the Council hold off on a final decision for two weeks. He does not expect that there will be a final decision this evening. The Council will take all input and comments under advisement but not make a final decision for two weeks which will be the next scheduled Council meeting. Council Member Lopez. He supports the Mayor's recommendation and would like a staff report on some of the issues presented; Mayor Daly. The Council will ask that staff give additional analysis and feedback on some of the points raised. Margarita Gonzales, speaking through an interpreter, stated she represents the Citron community and is present to ask support for bus transportation to the two schools as explained by Mr. Rubio. She is also speaking in support of the needs they have at the Jefferson School. Augustine Cervantes ( a youngster who was on crutches), speaking through an interpreter, stated it has been more than eight months since he has not been going to school because he does not have a ride or anyone to take him. He does not have money to pay for a bus every day. That is why he is asking for help for a bus. MOTION. Mayor Daly moved that this item and a final decision be continued for two weeks to receive an analysis from staff of some of the points raised. Council Member Zemel seconded the motion. Before a vote was taken, Council Member Lopez stated relative to the request for school bus transportation, he and Mayor Daly were both former School Board Members. He feels such transportation should be provided by the School District; Mayor Daly. He will ask staff to check with the 11 ANAHEIM, CALIFORNIA - COUNCIL MINUTES FEBRUARY 25, 1997 School District. Traditionally, transportation to schools is provided by the School Districts. He then asked the City Manager to provide an update to the Council and the timing of the additional funding to local non-profit programs. Usually, it is during the budget cycle or right after. He would like to know what his latest thoughts are on that process. The allocation tends to rise and fall with the condition of the economy. The Community Services Board (CSB) is the recommending group on that process as well. It would be helpful to know how much money they can expect to have available in that round of allocations which will be later this year. A vote was then taken on the motion to continue the matter for two weeks. MOTION CARRIED. A26. 123.155: UNIVERSAL TELECOMMUNICATIONS SYSTEM PROJECT AGREEMENTS: (SPECTRANET) Approving the Mitigated Negative Declaration dated July 1, 1996, and associated Mitigation Monitoring Plan No. 90 for the City of Anaheim Universal Telecommunications System Project (UTS); and approving the Universal Telecommunications System Project Agreements, which include the UTS Participation Agreement, the Development Fee Agreement, the Agreement for Use of Operating Property and any Licenses, in substantially final form, together with such changes as the Public Utilities General Manager approves and are in substantial conformance with the attached Agreements; and authorizing the Public Utilities General Manager to execute said Agreements on behalf of the City (as recommended by the Telecommunications Policy Advisory Committee at their meeting of February 5, 1997). Submitted was report dated February 25, 1997 from the Public Utilities General Manager recommending approval of the subject agreements. Mr. Ed Aghjayan, Public Utilities General Manager then gave a digital video presentation (hard copies of which were submitted - Telecommunications Development - Presentation to City Council - February 25, 1997 - made a part of the record) which explained that on August 20, 1996, the City Council approved a Memorandum of Understanding among the City of Anaheim, SpectraNet International (SNI) and SpectraNet Anaheim (SNA) for the construction and operation of a Universal Telecommunications System (UTS) in Anaheim. He then briefed the UTS Project Agreements, the scope and schedule of the project (Phase IA starting in March, 1997, Phase lB, December, 1998) including maps showing the fiber routes, Phase II (Feasibility Study, January 2000 - construction, December 2002-December 2004), term of agreements (30 years), what the City receives, revenue sharing (SNA/City net revenues split), services that will be provided to the City, what the City provides, and the governance aspect. Relative to the governance, there has been a slight change. The committee will be an administrative committee rather than a management committee. Before concluding his presentation, he acknowledged those who worked so hard on the project including staff members. He noted that Paul McMillan, the Chair of the Telecommunications Advisory Committee was present as well as Mr. Renney Senn of SpectraNet. Mayor Daly. He asked Mr. Aghjayan to explain how the revenue sharing agreement works relative to the $1 million guarantee. Ed Aghjayan. The $1 million is off the gross payments which comes off first. It is included as an expense. The City will get the $1 million even if there are no revenues or profit. Paul McMillan, Chair, Citizens Advisory Committee on the project, also known as the Telecommunications Advisory Comittee. He has been the Chair of the committee for the last 2 1/2 years and it has been a most fascinating project. The committee worked very hard during that period to bring the project to where it is today and are looking for approval from the Council on the agreements presented. He envisions this to be one of the most beneficial programs for the City not only financially, but also a benefit to the businesses, the citizenry, schools, libraries -- all City facilities will be beneficiaries of the project. It is one of the most worthwhile projects the City has undertaken for the 12 ANAHEIM, CALIFORNIA - COUNCIL MINUTES FEBRUARY 25, 1997 citizens and one where there is no way to lose. It is very risk free. The committee voted unanimously to bring this project to the Council. He heartily endorses the recommendation. Renney Senn, President, SpectraNet International. It was February 15, 1993 when he first met Mr. Aghjayan and the process began. He is present to state that SpectraNet is very excited about what this will mean to the City and to their company and are very mindful of the contribution the City has made in doing something that is such an important and revolutionary idea in integrating the private sector with the public sector. He then briefed the Council on a number of things that SpectraNet is presently doing. In concluding, he stated that SpectraNet has invested $9 million to be able to finally bring the proposal before the Council. They have gone through a very difficult and challenging process and have negotiated something that is without precedent. He commended City staff and his own staff as well as a whole "army" of people supporting both sides. He feels very good about the outcome. Now that they are all on the same side of the fence, the Council should know they are very enthusiastic to have this wonderful dream become a reality. They are also very grateful to Mr. McMillan and the committee. It is time to "let the games begin." Council Member Zemel. He noted with regard to the governance issue, Mr. Aghjayan stated something had changed. Ed Aghjayan. When they originally envisioned the governing committee, they called it a management committee and might use some sort of public funding vehicle but they have gone to a private funding vehicle. During negotiations in the last six months, it became clear they did not want a management committee but more of an administrative committee or an oversite committee. The committee structure is set up with five members -- two representatives from the City, and three from SpectraNet. He then explained how the governance system would work. Additional questions were posed by Mayor Daly relative to the capacity on the loop system which were answered by Mr. Aghjayan and Mr. Vish Tiwari, Principal Telecommunications Engineer. Jeff Kirsch, 2661 W. Palais, Anaheim. He considers this to be a "red letter day" and the proposal should proceed immediately. Anaheim is at the right place at the right time. It will attract high- tech, high- paying jobs to Anaheim. It is a winner and is not putting public funds at risk. He hopes the project succeeds beyond expectations. He noted that the last motion on the agenda under this item is to dissolve the Telecommunications Committee and asked if some other incarnation of that will be created in preparation for Phase II, or perhaps it is premature. He also posed a question relative to the technical aspects of the proposal. Mayor Daly. He served on the advisory committee along with other members of the community. The new system will offer a menu of services to Anaheim businesses in the near future and ultimately to the City's residents. The services will be convenient and reasonably priced. Many are looking forward to the wide area of futuristic services conveniently delivered and reasonably priced services which will be a huge advantage for Anaheim. It is the best possible technology available in the very important field of telecommunications which will increasingly affect the quality of life in countless ways in the community. Anaheim is the first in the western U.S. to have the system about to be delivered. He thanked Ed Aghjayan who first brought the concept to the Council a number of years ago. Thanks also to his staff, the consultants, and the City's legal staff for the very hard work put into this project. Council Member Tait. He asked Mr. Aghjayan if there were scenarios that he can see that the residential portion of they system might accelerate. Ed Aghjayan. The breakthrough issue is the technology in the optical interface. He then explained what would be needed and to take place before it would be economical and/or feasible to provide the service to the residents. 13 ANAHEIM, CALIFORNIA - COUNCIL MINUTES FEBRUARY 25, 1997 Council Member Tait. He feels this is great for the City and especially that it is privately funded and financed. Although it is considered a public-private partnership, it is not in the sense that the City is sharing the benefits of the system, but not the risk. It is a win-win situation. MOTION. Council Member Zemel moved to approve the Mitigated Negative Declaration and Monitoring Plan No. 90 for the City of Anaheim Universal Telecommunications System Project (UTS). Council Member McCracken seconded the motion. MOTION CARRIED. MOTION. Council Member Zemel moved to approve the Universal Telecommunications Project Agreements (see above). Council Member McCracken seconded the motion. CARRIED. System MOTION MOTION. Council Member Zemel moved to thank the members of the Telecommunications Advisory Committee for the time and effort spent over the last 2 1/2 years in bringing this recommendation to the Council and to also now dissolve the committee since the charge of the committee has now been completed. Council Member McCracken seconded the motion. MOTION CARRIED. ITEMS B1 - B2 FROM THE PLANNING COMMISSION MEETING OF FEBRUARY 3, 1997: INFORMATION ONLY- APPEAL PERIOD ENDS FEBRUARY 25, 1997: B1. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 640 AND NEGATIVE DECLARATION: OWNER: FRED HATAMI, 23891 Bridget Road, Lake Forest, CA 92630 AGENT: HARRY ERICSON, 3328 Alabama Circle, Costa Mesa, CA 92626 LOCATION: 1771 South Brookhurst Street. Property is approximately 0.32 acre located at the northwest corner of Katella Avenue and Brookhurst Street. To permit two (2) gasoline pump island canopies for a previously-approved automobile service station with waiver of minimum structural setback. ACTION TAKEN BY THE PLANNING COMMISSION: WITHDRAWN by the Applicant. B2. 134: GENERAL PLAN AMENDMENT NO. 343, RECLASSIFICATION NO. 96-97-03, WAIVER OF CODE REQUIREMENTS - CONDITIONAL USE PERMIT NO. 3902 - DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 97-03 AND NEGATIVE DECLARATION: OWNER: BILL HOYER, 510 West Ball Rd., Anaheim, CA 92805 AGENT: SHANE SHAW, 12362 Beach BIvd, #110, Stanton, CA 90680 LOCATION: 520 West Ball Road. Property is approximately 0.98 acre located at the southeast corner of Ball Road and Harbor Boulevard. General Plan Amendment No. 343: To amend the Land Use Element of the General Plan, redesignating subject property from the existing Commercial Professional and Low Density Residential land use designations to the General Commercial land use designation. Reclassification No. 96-97-03: Reclassification of subject property from the RS-A-43,000 (Residential/Agricultural) and RS-7200 (Residential, Single-Family) Zones to the CL (Commercial, Limited) Zone. Conditional Use Permit No. 3902: To permit a service station and accessory convenience market with sales of beer and wine for off-premises consumption, and a 2,000 square-foot (subsequently increased to 2,100 square-foot after advertisement) drive-through, fast food 14 ANAHEIM, CALIFORNIA - COUNCIL MINUTES FEBRUARY 25, 1997 restaurant with waivers of (a) maximum wall height, (b) minimum number of parking spaces, (c) minimum structural and landscaped setback adjacent to a local street and required site screening and (d) minimum landscaped setback adjacent to a residential zone boundary. Determination of Public Convenience or Necessity No. 97-03: To determine public convenience or necessity for retail sales of beer and wine for off-premises consumption within the service station accessory convenience market. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended approval of General Plan Amendment No. 343 to City Council (PC97-7) (7 yes votes). Granted Reclassification No. 96-97-03 (PC97-8) (7 yes votes). Approved waiver of code requirement, in part: APPROVED waivers (a) and (c), and DENIED waivers (b) and (d) on the basis that they were deleted following public notification (7 yes votes). Conditional Use Permit No. 3902 GRANTED, in part (PC97-9) (7 yes votes). Approved request for Determination of Public Convenience or Necessity No. 97-03 (PC97-10) (7 yes votes). Requested that City Council consider all of the above actions at a public hearing. SET FOR PUBLIC HEARING - SEE ITEM D2 ON TODAY'S CITY COUNCIL AGENDA. ITEM B3 FROM THE ZONING ADMINISTRATOR MEETING OF FEBRUARY 13, 1997: DECISION DATE: FEBRUARY 20, 1997 INFORMATION ONLY- APPEAL PERIOD ENDS MARCH 3, 1997: B3. 170: TENTATIVE PARCEL MAP NO. 96-188 CATEGORICALLY EXEMPT, CLASS 15: OWNER: A & M REALTY CO., 115 North Doheny Drive, Beverly Hills, CA 90211 AGENT: RMB & ASSOCIATES, Attn: Ronald M. Bundy, 20331 Irvine Avenue, Suite E-7, Santa Ana Heights, CA 92707 LOCATION: 2607 - 2617 Woodland Drive. Property is an irregularly-shaped parcel of land consisting of approximately 3.7 acres located north of the intersection of Knollwood Circle and Woodland Drive. To establish a 3 lot industrial subdivision. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Tentative Parcel Map No. 97-3 APPROVED. B4. 179: ORDINANCE NO. 5592: (INTRODUCTION) Amending Title 18 to fezone property under Reclassification No. 93-94-03 located at 6270 East Santa Ana Canyon Road from the RS-A- 43,000 zone to the CL zone (a portion of the S. A. V. I. Canal). Mayor Daly offered the Ordinance No. 5592 for first reading. Refer to Ordinance Book. ORDINANCE NO. 5592: AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 93-94-03 LOCATED AT 6270 EAST SANTA ANA CANYON ROAD FROM THE RS-A-43,000 ZONE TO THE CL ZONE (A PORTION OF THE S. A. V. I. CANAL). 15 ANAHEIM, CALIFORNIA - COUNCIL MINUTES FEBRUARY 25, 1997 ITEMS B5 - B7 FROM THE PLANNING COMMISSION MEETING OF FEBRUARY 19, 1997: INFORMATION ONLY - TEN DAY APPEAL PERIODS END MARCH 1, 1997, AND 22-DAY APPEAL PERIODS END MARCH 13, 1997: B5. 179: RECLASSIFICATION NO. 96-97-09 - WAIVER OF CODE REQUIREMENTS, CONDITIONAL USE PERMIT NO. 3906, TENTATIVE TRACT MAP NO. 15418 AND NEGATIVE DECLARATION: OWNER: ANAHEIM REDEVELOPMENT AGENCY, 201 S. Anaheim Boulevard, Suite 1003, Anaheim, CA 92805 AGENT: KAUFMAN & BROAD OF SOUTHERN CALIFORNIA, 180 N. Riverview Drive, Suite 300, Anaheim, CA 92808 LOCATION: Property locations are as follows: (1) at the northeast corner of Cvi3ress Street and Olive Street and (2) at the southeast corner of Pauline Street and Adele Street and further described as 300, 304, 3041/2, 308, 3081/2 312, 3121/2, 314, 3141/2 and 320 North Olive Street; 300, 301,306, 3061/2, 308 309, 310, 311, 312, 3121/2, 315 and 317 North Sabina Street; 300, 305, 307, 312, 318 and 322 North Pauline Street; and 411,415, 419, 421, 517, 521 and 527 East Cvr)ress Street. Property is approximately 3.79 acres. Reclassification No. 96-97-09: Petitioner requests reclassification of subject property from the RS-5000 Zone to the RM-2400 or a less intense Zone. Conditional Use Permit No. 3906: To permit a 51-unit, 2-story affordable condominium complex with waivers of (a) maximum structural height, (b) minimum structural setback, (c) minimum distance between buildings (DELETED), (d) minimum number of parking spaces (DELETED), and (e) minimum recreation-leisure area. Tentative Tract Map No. 15418: To establish a 5-lot and 1 lettered lot, 51-unit airspace condominium subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Tentative Tract Map No. 15418 APPROVED (6 yes votes, 1 absent). Reclassification No. 96-97-09 GRANTED, UNCONDITIONALLY, (PC97-11) (6 yes votes, 1 absent). Conditional Use Permit No. 3906 GRANTED, IN PART, with modifications to conditions, and an addition of a new condition. (PC97-12). Waiver of code requirement APPROVED, IN PART, waivers (c) and (d) were deleted following public notification. Approved Negative Declaration. B6. 179: RECLASSIFICATION NO. 96-97-10, WAIVER OF CODE REQUIREMENTS, CONDITIONAL USE PERMIT NO. 3907, TENTATIVE TRACT MAP NO. 15422 AND NEGATIVE DECLARATION: OWNER: ANAHEIM REDEVELOPMENT AGENCY, 201 S. Anaheim Boulevard, Suite 1003, Anaheim, CA 92805 AGENT: KAUFMAN & BROAD OF SOUTHERN CALIFORNIA, 180 N. Riverview Drive, Suite 300, Anaheim, CA 92808 LOCATION: Property locations are as follows: "Olive Infill" Parcel No. 2 Property is approximately 0.36 acre located on the east side of Olive Street approximately 300 feet north of Broadway and further described as 128 and 202 South Olive Street; "Olive Infill" Parcel No. 3 Property is approximately 0.57 acre located on the west side of Olive Street approximately 155 feet north of Broadway and further described as 203, 209, 211 and 215 South Olive Street. 16 ANAHEIM, CALIFORNIA - COUNCIL MINUTES FEBRUARY 25, 1997 Reclassification: Petitioner requests reclassification of the subject property from the RM-1200 Zone to the RM-2400 or a less intense Zone. Conditional Use Permit No. 3907: To permit an 11-unit, 2-story condominium complex with waivers of minimum structural setback and maximum structural height. Tentative Tract No. 15422: To establish a 2-lot, 11-unit airspace condominium subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 96-97-10 GRANTED (PC97-13) (6 yes votes, 1 absent). Conditional Use Permit No. 3907 GRANTED, IN PART (PC97-14). Waiver of code requirement DENIED on the basis that the proposed waivers were deleted following public notification. Tentative Tract map No. 15422 APPROVED. B7. 155: EIR NO. 313 (PREVIOUSLY-CERTIFIED) FINAL SITE PLAN REVIEW NO. 97-06 - REVIEW AND APPROVAL OF A FINAL SITE PLAN: Paul Flowers, Moro's Family Restaurant and Buffet, Dreyers Ice Cream and Pizza Parlor, 1550 South Harbor Boulevard, Anaheim, CA 92802, requests review and approval of a Final Site Plan, including an elevation plan and sign plan, to install one (1) wall-mounted can-type sign. ACTION TAKEN BY THE PLANNING COMMISSION: Approved Final Site Plan Review No. 97-06 - Review and Approval of a Final Site Plan. EIR NO. 313 previously certified. D1. 179: DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 97-02 CATEGORICAL EXEMPTION SECTION 15061(b)(3): OWNER: J.J. FOOD STORE, INC., Attn: Devinder S. Jhawar, 1968 Berkshire Drive, Fullerton, CA 92633-4818 LOCATION: 3174 West Ball Road (J&J Food Store). Property is approximately 0.32 acre located at the southeast corner of Ball Road and Western Avenue. Petitioner requests determination of public convenience or necessity to upgrade an existing Type 20 (beer and wine) Alcoholic Beverage Control license to a Type 21 (general liquor) license to permit retail sales of alcoholic beverages for off-premises consumption in conjunction with an existing convenience market. ACTION TAKEN BY THE PLANNING COMMISSION: Determination of Public Convenience or necessity No. 97-02 DENIED (PC97-4) (7 yes votes). Informational item at the meeting of January 28, 1997, Item B4. HEARING SET ON: An appeal of the Planning Commission's decision was submitted by Devinder S. Jhawar, owner, J.J. Food Store, Inc. in letter dated January 28, 1997 and, Public Hearing scheduled this later date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - February 13, 1997 Mailing to property owners within 300 feet - February 13, 1997 Posting of property- February 14, 1997 STAFF INPUT: See staff report to the Planning Commission dated January 6, 1997. 17 ANAHEIM, CALIFORNIA - COUNCIL MINUTES FEBRUARY 25, 1997 Cheryl Flores, Senior Planner. She briefed the staff report to the Planning Commission which outlined the details of the request. She explained that the Police Department provided information indicating that the location/population allows for four off-sale licenses and eight are presently existing. At their meeting of January 6, 1997, the Planning Commission denied the Determination of Public Convenience and Necessity on the four grounds listed on page 2 of Planning Commission Resolution, PC97-4. Police Investigator, Tom Engle, answering Council Member Lopez, reported on the other businesses in the area selling alcoholic beverages. He noted that only a very small part of the census tract is located within the City limits and that is why the crime rate is below average in the area. Applicant's Statement: Devinder (Dave) Jhwahar, Owner, 926 Wilshire Dr., Fullerton (J&J Food Store, 3174 West Ball Rd., Anaheim). A lot of his customers ask why they do not have spirits (alcoholic beverages) to sell. He has had a liquor license for six or seven years. He used to have a business on Garden Grove/Beach Boulevard. He bought the subject building and wanted to change from only selling beer and wine to a Type 21 general license. It is the same type of license. The City Council approved somebody else in the same fashion. He was not aware he had to go through this process. The Planning Commission held a hearing and he believes the case has been misrepresented. He is not asking for a new license. He already has beer and wine and already has a liquor license issued by the Alcoholic Beverage Commission (ABC) but is just moving from one place to another. The Police Department has never had any trouble on that corner. They have never called the Police in two years. He does not see what the problems can be. There is no crime and no problem. There was a business with a liquor license about one-half block away and they closed the store so there is one less license now. Mayor Daly asked to hear from anyone who wished to speak in favor of the request. Brian Yarema. He has lived right next to the store for 25 years. He is supportive of the business getting the requested liquor license for the convenience. He will then not have to walk across the street. The store will stay in business longer because of the availability (variety) of products sold. When Circle K closed in that location, it brought a lot of vagrancy and homeless people to the location and he had to call the Police several times because of the situation. An empty building attracts problems. When a location is open, it is better for the community. If the store is able to maintain a liquor license, it will bring about lower prices, about 10% cheaper than across the street. These are his reasons why he is in favor. Jessie Jhawar, 1992 Berkshire Drive, Fullerton. He is the principal of the store. When they took over the store, they cleaned out the area and it is a very nice neighborhood now. They will only be open from 7:00 a.m. to 10:00 p.m. They need this product because people have requested it. They also carefully screen the people they sell the product to. They have had a license for about five years and there have been no violations. Since the store will only be open until 10:00 p.m., he does not see any problem. The request should be approved at this time. Rudolfo Velarde, 3160 Ball Road, Anaheim. The owner is a nice person. The store is his favorite place because it is close to his house. A person from the audience (name indistinguishable) stated that his neighbor is the J&J Food Store. He is in favor of the store. Jose Fonseca. He spoke through an interpreter. He lives on Western Avenue, Apartment #8. J&J Food Store is his favorite place because of the good prices which help him and his family. There was no one present in opposition. Mayor Daly closed the Public Hearing. City Attorney White. He explained for the Mayor what they have now by right is a convenience market as a legal, non-conforming use with beer and wine sale. They do have the appropriate Type 20 license for beer and wine. It is a part of the legal, non-conforming use. They now want to sell, for off-premise 18 ANAHEIM, CALIFORNIA - COUNCIL MINUTES FEBRUARY 25, 1997 consumption, hard alcohol which requires a different ABC license and would not be within the parameters of the legal, non-conforming use. Even if it were under ABC regulations, they still need to have the City Council determine that notwithstanding the overconcentration of other such licenses in the area, it would be in the public convenience or necessity to issue this permit. Otherwise, ABC will deny the permit. Mayor Daly. There is a strong recommendation from the Planning and Police Department and a unanimous decision by the Planning Commission to deny the Determination of Public Convenience or Necessity No. 97-02. He respects the store operator's intent to operate in a proper manner, but this particular neighborhood does have an excess of liquor establishments as summarized by the Planning staff and the Police. He feels it is appropriate to deny the appeal. He noted that it is customary to have beer and wine, but not full liquor sales at convenience markets. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion By Council Member Daly, seconded by Council Member Lopez, the City Council determined that the proposed activity fall within the definition of Section 15061 (b) (3), of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, Categorically Exempt from the requirement to file an EIR. MOTION CARRIED. Mayor Daly offered Resolution 97R-18 for adoption. Refer to Resolution Book. RESOLUTION NO. 97R-18: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE OR NECESSITY WOULD NOT BE SERVED BY THE ISSUANCE OF AN ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PREMISES LOCATED AT 3174 WEST BALL ROAD, ANAHEIM, CALIFORNIA (APPLICATION NO. 97-02). Roll Call Vote on Resolution No. 97R-18 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 97R-18 duly passed and adopted. D2. 134: GENERAL PLAN AMENDMENT NO. 343, RECLASSIFICATION NO. 96-97-03 WAIVER OF CODE REQUIREMENTS, CONDITIONAL USE PERMIT NO. 3902, DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 97-03 AND NEGATIVE DECLARATION: OWNER: BILL HOYER, 510 West Ball Rd., Anaheim, CA 92805 AGENT: SHANE SHAW, 12362 Beach BIvd, #110, Stanton, CA 90680 LOCATION: 520 West Ball Road. Property is approximately 0.98 acre located at the southeast corner of Ball Road and Harbor Boulevard. General Plan Amendment No. 343: To amend the Land Use Element of the General Plan, redesignating subject property from the existing Commercial Professional and Low Density Residential land use designations to the General Commercial land use designation. Reclassification No. 96-97-03: Reclassification of subject property from the 19 ANAHEIM, CALIFORNIA - COUNCIL MINUTES FEBRUARY 25, 1997 RS-A-43,000 (Residential/Agricultural) and RS-7200 (Residential, Single-Family) Zones to the CL (Commercial, Limited) Zone. Conditional Use Permit No. 3902: To permit a service station and accessory convenience market with sales of beer and wine for off-premises consumption, and a 2,000 square-foot (subsequently increased to 2,100 square-foot after advertisement) drive-through, fast food restaurant with waivers of (a) maximum wall height, (b) minimum number of parking spaces, (c) minimum structural and landscaped setback adjacent to a local street and required site screening and (d) minimum landscaped setback adjacent to a residential zone boundary. Determination of Public Convenience or Necessity No. 97-03: To determine public convenience or necessity for retail sales of beer and wine for off-premises consumption within the service station accessory convenience market. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended approval of General Plan Amendment No. 343 to City Council (PC97-7) (7 yes votes). Granted Reclassification No. 96-97-03 (PC97-8) (7 yes votes). Approved waiver of code requirement, in part: APPROVED waivers (a) and (c), and DENIED waivers (b) and (d) on the basis that they were deleted following public notification (7 yes votes). Conditional Use Permit No. 3902 GRANTED, in part (PC97-9) (7 yes votes). Approved request for Determination of Public Convenience or Necessity No. 97-03 (PC97-10) (7 yes votes). HEARING SET ON: City staff requested that City Council consider all of the above actions at a Public Hearing. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - February 3, 1997 Mailing to property owners within 300 feet - February 3, 1997 Posting of property- February 14, 1997 STAFF INPUT: See staff report to the Planning Commission dated February 12, 1997. Council Member Tait. He declared the possibility of a conflict of interest on this item and will, therefore, be abstaining from any discussion or decision. Council Member Tait then (temporarily) left the Council Chamber (7:30 p.m.). Applicant's Statement: Shane Shaw, Growth Management Company. They are the architect and engineer of record for the project. The existing condition of the site is a vacant or abandoned gas station with some residential. They are proposing to enhance the corner. Also, the project is in the resort area but they are offering what the resort area requires -- 15' landscaping, a Spanish design that will match and blend with the design on the other side of the street, etc. The block wall required was 6' and theirs will be 8'. They respectfully request approval of the project and allow them to be part of the force of beautifying the City. Victor Koshkerian, Koshkerian (Hoyer) Development, 520 W. Ball Rd., Anaheim. He is a well-known businessman in the City. The City has been very good to him. He had been viewing the subject location, noted its sad state, and decided to do something about it. He believes the proposed project will be very successful for everyone. He has a track record in Anaheim. He worked very hard with staff on the project. They are going to do a good job on the corner. The City needs a good service station at that location. Mayor Daly. He asked if all permits are approved, what would be the construction time table; Mr. Koshkerian answered, as soon as he gets the building permit or about a couple of months. There being no additional people who wished to speak either in favor or in opposition, Mayor Daly closed the Public Hearing. 2O ANAHEIM, CALIFORNIA - COUNCIL MINUTES FEBRUARY 25, 1997 Mayor Daly. This is a very high visibility corner in the City (s/e corner of Harbor and Ball Road). There will be a much larger and more modern station which will include a convenience market. He asked Planning staff to summarize which of the waivers are being recommended and if the Planning staff recommendation is consistent with the Planning Commission or if there are differences of opinion that remain. Joel Fick, Planning Director. Virtually everything the Planning staff asked the applicant to do, they have addressed in the plans. Planning staff concurs with the Planning Commission. He then briefed the variances that do remain -- maximum wall height which was requested by staff to permit an 8' wall rather than 6' and the second relating to landscaping -- 10' landscaping with a 6' wall is required. The proposal is 8' of landscaping with an 8' wall which actually allows more landscaping along Harbor. With this plan, there would be approximately 10 to 15' of landscaping along Ball Road and 15' along Harbor, bermed. The plantings within the landscaped area would match the resort landscaping and is very adequate. Staff has recommended approval. Mayor Daly, at this time, made a closer inspection and review of the plans that were posted on the Chamber wall, at the conclusion of which he offered the following subject to City Planning Commission conditions: ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Mayor Daly, seconded by Council Member Lopez, the City Council approved the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. (Council Member Tait temporarily absent). Mayor Daly offered Resolution Nos. 97R-19 through 97R-22, both inclusive for adoption for adoption. Refer to Resolution Book. RESOLUTION NO. 97R-19: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 343, EXHIBIT "A". RESOLUTION NO. 97R-20: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGE. (RECLASSIFICATION NO. 96- 97-03). RESOLUTION NO. 97R-21: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3902, IN PART. RESOLUTION NO. 97R-22: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF AN ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PREMISES LOCATED AT 520 WEST BALL ROAD, ANAHEIM, CALIFORNIA (APPLICATION NO. 97-03). 21 ANAHEIM, CALIFORNIA - COUNCIL MINUTES FEBRUARY 25, 1997 Roll Call Vote on Resolution Nos. 97R-19 throuclh 97R-22, both inclusive, for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, 7emel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None TEMP. ABSENT: MAYOR/COUNCIL MEMBERS: Tait The Mayor declared Resolution Nos. 97R-19 through 96R-22, both inclusive, duly passed and adopted. Council Member Tait entered the Council Chamber (7:55 P.M.). C1. APPLICATION FOR A POOL ROOM PERMIT: REQUESTED BY: TERESA LOPEZ, 927 South Citron, Anaheim, CA 92805 LOCATION OF ESTABLISHMENT: 502 South Beach Boulevard (Barreras). To consider the application to operate three billiard tables at 502 South Beach Boulevard (Barreras Restaurant). Submitted was report dated February 25, 1997 from the Planning Department/Code Enforcement Division recommending that the application to operate three billiard tables at 502 S. Beach Boulevard be denied based on the findings contained therein. Joel Fick, Planning Director. He is not certain the applicant is in attendance although she was informed of the hearing. Mayor Daly asked if the applicant, Theresa Lopez, was present; there was no response. City Clerk Sohl noted that Ms. Lopez was present earlier in the meeting. Mr. Fick explained there is a request by the applicant to operate three pool tables at the subject location. The business is presently authorized for two tables but a third table requires a permit. There are presently three pool tables on site. The request is for the Council to approve the application for the third table to remain. The Anaheim Police Department reviewed the application and noted it is in a high-crime area. Code Enforcement staff also evaluated the site and interviewed the neighbors. He then explained that Code Enforcement records indicate that 26 complaints regarding Anaheim Municipal Code violations have been recorded for this location since November 1, 1985. The applicant is a relatively new applicant who has acquired the business but based upon the past experience with the site, potential anticipated problems and the residential opposition, Planning/Code Enforcement staff along with the Police Department did recommend that the application not be approved. Another significant point was that the ABC on-sale license for the facility was recently revoked due to criminal activity inside the premises. Mayor Daly provided the opportunity for public comment. Mark Glickman, 509 S. Laxor St., Anaheim. He is a neighbor abutting the property by a 5' block wall. He has been there long enough to see what has happened to that neighborhood. Before, he could not keep any windows in his building. He would now hate to see the reverse of all the fine work the Police Department has done. He has been an owner of beer bars, night clubs and restaurants and all he can see is nothing but trouble. He has witnessed stabbings over a 25-cent bet on a pool game. He does not think it is a very viable business for the City. If they want to go ahead with the restaurant, he would be the first customer, if it closed at 9 o'clock. 22 ANAHEIM, CALIFORNIA - COUNCIL MINUTES FEBRUARY 25, 1997 MOTION. Mayor Daly. There is a clear staff recommendation. He thereupon offered a motion to deny the application to operate three billiard tables at 502 S. Beach Boulevard based on the finding that the issuance of the permit would be contrary to the public order for the reasons set forth in the staff report. Council Member Zemel seconded the motion. MOTION CARRIED. C2. 123: REPORT ON CLOSED SESSION ACTIONS: City Attorney, Jack White reported on the following two actions that were taken by the City Council in Closed Session today: (1) Approved Settlement Agreement of potential litigation among Baldwin Builders/Baldwin Building Contractors in the City of Anaheim relating to delinquent Mello-Roos taxes in the project known as the Summit of Anaheim Hills in the amount of $171,464 which represents a total 100% recovery of payment by the City together with interest at the rate of 1 1/2% per month. The vote of the Council was all Ayes. (2) Approved settlement of pending litigation between the City of Anaheim and Pinnet Construction, Inc., LPA, Inc., Holmes & Narver, Master Builders, Inc., and the Community Center Authority relating to defects in the flooring in Convention Center, Hall E, in the amount of $320,000. The vote of the Council was all Ayes. C3. 114: COUNCIL COMMENTS: Council Member McCracken. When she recently visited her family in the east, she did some work on solutions regarding abandoned shopping carts. She visited two inner-city businesses that have dealt with the shopping cart problem. One was losing 100 carts a month at a cost of $30,000. Both businesses have developed a different type of system where the carts do not leave the premises. She has met with John Poole, the City's Code Enforcement Manager and is hoping the same might work with some of the City's local neighborhood businesses and to see if they can get an experiment going. Perhaps one or two might consider such a project. One of the companies in the eastern city, a super market, used it as a public relations customer service approach where they loaded groceries into cars. They made it a positive thing. Perhaps those are the kinds of things they can look at while dealing with the legislative aspect. Possibly local merchants can come up with something more positive as far as customer service. Something apartment owners did, they purchased collapsible carts and sold them at cost. Mayor Daly asked if she would like staff to follow up in any way. Council Member McCracken. She has mentioned the matter to the City Manager and has met with John Poole. He is considering how they might deal with the findings. She brought some photographs on what they have done. As she mentioned, the businesses made some changes on their property in order to prevent carts from leaving the premises. It was a relatively inexpensive and positive solution. Mayor Daly. He would like to hear more detail and also staff's evaluation of the possibility and see if can be taken to the next step. Council Member Lopez. He agrees with anything to get the carts off the street. He will be anxious to hear what the staff recommendations are. 23 ANAHEIM, CALIFORNIA - COUNCIL MINUTES FEBRUARY 25, 1997 Council Member Zemel. He would like everyone to be aware of an upcoming special event which Canyon High School is hosting in conjunction with their 11th annual softball tournament which this year will be a fund raiser for the Bone Marrow Donor Program. The teammates and coaches of the late Michelle Carew who was lost to leukemia will be hosting, in her honor, "Homeruns for Heros". He explained the details of the tournament noting that the final round for the final contenders will be hosted by Michelle's father, Rod Carew on the field at Anaheim Stadium before the Angels/Detroit game on April 26. At this point, they are looking for sponsors with all proceeds going to the Bone Marrow Donor Program in Michelle's name. Those interested in participating can call 254-5247 (City Office), or his business office at 622-4526. He is also asking for Council participation especially in promoting the event; Mayor Daly stated they look forward to receiving more details and he thanked Council Member Zemel for bringing the matter to the publids attention as well as the Council. ADJOURNMENT: By general Council consent, the City Council Meeting of February 25, 1997 was adjourned (8:12 P.M.). The next scheduled meeting is March 11, 1997. LEONORA N. SOHL CITY CLERK 24