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2004/08/03 ANAHEIM, CALIFORNIA - CITY COUNCIL ADJOURNED REGULAR MEETING August 3, 2004 The City Council of the City of Anaheim met in adjourned regular session. PRESENT: Mayor Curt Pringle, Council Members: Richard Chavez, Bob Hernandez, and Shirley McCracken and Tom Tait STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, and City Clerk Sheryll Schroeder. A copy of the agenda for the meeting of the Anaheim City Council was posted on July 30, 2004 at the City Hall outside bulletin board. Mayor Pro Tem Chavez called the adjourned regular meeting of August 3, 2004 to order at 4:50 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard and recessed to closed session for the following item: ADDITIONS/DELETIONS TO CLOSED SESSION: None. PUBLIC COMMENTS - CLOSED SESSION: None 1. CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: David Hill Employee organization: Part-time Anaheim Municipal Employee Association. Mayor Pringle called the regular Council meeting to order at 5:30 P.M. and welcomed those in attendance. INVOCATION: Pastor Randy Collins, The Rock FLAG SALUTE: Mayor Pro Tem Chavez PRESENTATIONS: Recognizing the City of Anaheim General Plan Advisory Committee Mayor Pringle recognized the invaluable service the General Plan Advisory Committee provided to the City over the last three years which culminated in the update of the General Plan. Committee members were introduced by Planning Director Sheri Vander Dussen. RECOGNITIONS (To be presented at a later date): Recognizing Westwood College Mayor Pringle recessed the Anaheim City Council to call to order the Anaheim Redevelopment Agency at 5:37 P.M. and reconvened the Council meeting at 5:39 P.M. ANAHEIM CITY COUNCIL MEETING MINUTES August 3,2004 PAGE 2 ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS: Craig Durfee, informed Council on Project Lifesaver, a rapid response program partnering with local law enforcement to assist victim's families suffering from Alzheimer's disease and related disorders. James Robert Reade related Police Department concerns. William Fitzgerald, representing Homeowners Maintaining Their Environment, submitted a newspaper article regarding the smokeless fireworks launcher used by Disneyland. Pedro Vasquez, requested Council's assistance on behalf of ticketing and impounding of Anaheim truck vendors. Mayor Pringle requested Mr. Vasquez discuss his concerns with Chief Welter. CONSENT CALENDAR: Mayor Pringle removed item A9 and A 11 for discussion purposes and indicated he would abstain on Item A8 due to a potential conflict of interest. Council Member Chavez moved approval of the balance of the Consent Calendar, Items A 1- A 14, seconded by Council Member McCracken to waive reading in full of all ordinances and resolutions and to approve the following in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Hernandez, McCracken and Tait. Noes - O. Motion carried. 0160 A 1. Accept the low bid of G&W Electric, c/o Banes Associates Electrical Equipment, in the amount of $694,755 (plus tax), for switch automation equipment for the Public Utilities Department, as required, for a period of one year with three one-year renewal options and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #6505. 0128 A2. Award the contract to the lowest responsible bidder, Nativ Engineering, Inc., in the amount of $696,888.50, for the State College Boulevard Median and Landscape Beautification Improvement Project and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 0128 A3. Amend the fiscal year 2004/05 Public Works Capital Improvement budget to incorporate $270,000 from Storm Drain Construction funds to cover construction, staff, and contingency costs; award the contract to the lowest responsible bidder, Southern California Underground Contractors, Inc., in the amount of $412,520, for the Orangefair Lane Storm Drain Improvements and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. B105 A4. Appoint Mr. John "Kevin" Loebakka to the Anaheim Workforce Investment Board representing the Business Community for a term ending June 30, 2005. ANAHEIM CITY COUNCIL MEETING MINUTES August 3, 2004 PAGE 3 N300 A5. Adopt a Negative Declaration for the construction of the new Anaheim Substation located at 501 South Claudina Street. 0156 A6. Authorize the Police Department to accept a donation, in the amount of $10,000, from The Lena Jean Bodine Trust for the Police Department's K-9 Detail, authorize the Chief of Police to execute a letter acknowledging the City's vendor (EIN) number and amend the Police Department's fiscal year 2004/05 budget by increasing revenues and expenditures in the amount of $10,000. 0156 A7. Authorize the Police Department to accept a donation of a dog from Friends of the Canines (donated by Alice Medeiros) for the Police Department's K-9 Detail. 3076 A8. Approve a Memorandum of Understanding with the County of Orange to participate in a pin map program that displays the approximate location of certain sex offenders. Mayor Pringle abstained. P158 A10. RESOLUTION NO. 2004-169 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 10766 through 10770). P179 A12. ORDINANCE NO. 5932 (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. 2003-00101) (Introduced at the Council meeting of July 27,2004, Item A26). P179 A13. ORDINANCE NO. 5933 (INTRODUCTION) 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. 2000-00023 (2004-00131). A 14. Approve minutes of the Council meeting held July 22, 2004. END OF CONSENT CALENDAR 0156 A9. RESOLUTION NO. 2004-168 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Chief of Police to file an application, on behalf of the City of Anaheim, with the County of Orange, California, to participate in a Safety Helmet Grant Program for youth of low-income families; authorizing the Chief to execute all required grant documents; and, if awarded, authorizing the acceptance of such grant on behalf of the City. City Manager Dave Morgan remarked Item A9 was a recommendation for Council to authorize the Police Chief to file a grant application with the County of Orange for safety helmets for low income families in the community. He noted the program would provide helmets for bicycling, skateboarding and other sports necessitating helmets. Mayor Pringle emphasized this was an opportunity for anyone interested to provide matching support and thereby increasing the numbers of helmets to be made available to children in the community whose families did not have the resources to purchase helmets. Council Member McCracken suggested skateboard parks or sports manufacturers could be solicited ANAHEIM CITY COUNCIL MEETING MINUTES August 3, 2004 PAGE 4 for an in-kind donation. Chief Welter concurred, noting that the grant application deadline was Friday, August 6th and the plan currently outlined targeted number of Anaheim schools. His office would also be working in collaboration with the Anaheim School District applying for a similar grant. Mayor Pringle suggested that ideas for enhancing the helmet ~rant be forwarded to Chief Welter's office prior to the application mailing date of August et . Motion by Council Member Hernandez to approve RESOLUTION 2004-168, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE CHIEF OF POLICE TO FILE AN APPLICATION WITH THE COUNTY OF ORANGE TO PARTICIPATE IN A SAFETY HELMET GRANT PROGRAM FOR YOUTH OF LOW-INCOME FAMILIES; seconded by Council Member Chavez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Hernandez, McCracken and Tait. Noes - O. Motion carried. P158 A11. RESOLUTION NO. 2004-170 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM waiving the statutory notice by the State of California of its intent to relinquish a portion of certain streets and former streets adjacent to the 1-5 to the City of Anaheim (portions of Manchester Court, Old Manchester Avenue, Loara Street and Old Lincoln Avenue). Mr. Morgan stated the Department of Public Works was recommending adoption of Resolution 2004-170 to expedite the development of those remnant parcels created as part of the 1-5 widening project and to combine them with other City right-of-way areas in order to produce suitable parcels for development. He indicated there was no benefit to the State or the City to justify the 90-day noticing requirement. Mayor Pringle pointed out that Council Member McCracken had been very aggressive in ensuring Orange County Transportation Agency and California Department of Transportation move forward in disposing of these properties and that progress on these remnant parcels was finally occurring. Mayor Pringle thanked Council Member McCracken for her efforts. Mayor Pringle moved to approve Resolution No. 2004-170, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM WAIVING STATUTORY NOTICE BY THE STATE OF CALIFORNIA OF ITS INTENT TO RELINQUISH A PORTION OF CERTAIN STREETS ADJACENT TO THE 1-5 TO THE CITY OF ANAHEIM; seconded by Council Member McCracken. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Hernandez, McCracken and Tait. Noes - O. Motion carried. 8105 A 15. Consider appointing a member to serve on the Housing and Community Development Commission, representing the South Neighborhood Council, term to expire June 30, 2006. APPOINTMENT: Council Member Chavez commented on the possibility of changing the 4:00 P.M. meeting time for the Housing and Community Development Commission to later in the evening in order to attract new members. Mayor Pringle remarked on the challenge to attract community members to other boards and commissions which meet during the day, such as the Planning Commission, and requested a report as to when committee meeting times were scheduled. In response to Council Member Hernandez, City Attorney Jack White stated that regular meeting times must be scheduled in advance, however, boards and commissions had discretion as to when those meetings would occur. Those meeting dates and times ANAHEIM CITY COUNCIL MEETING MINUTES August 3, 2004 PAGE 5 were adopted by resolution by the individual boards and commissions and forwarded to the Council for approval. Council Member Hernandez suggested making the boards and commission aware of their ability to change meeting times and Mr. White indicated that staff could relay the Council discussion to the boards and commissions for their information. Mr. Morgan indicated a list of boards and commissions and meeting dates and times would be provided to Council. With the consent of Council, Mayor Pringle continued Item A15 to August 17, 2004. 0148 A 16. Consider appointing a Voting Delegate to cast the City's vote at the annual conference of the League of California Cities, September 17-19, 2004, in Long Beach and appoint a Voting Alternate. Mayor Pringle nominated Council Member McCracken as League conference voting delegate and Mayor Pro Tem Chavez as the alternate. No other nominations were offered. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Hernandez, McCracken and Tail. Noes - O. Motion carried. APPOINTMENT: Council Member McCracken AL TERNATE: Mayor Pro T em Chavez PUBLIC HEARINGS: B1. C200 CONDITIONAL USE PERMIT NO. 2004-04844 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2004-00015 AND NEGATIVE DECLARATION OWNERS: Spyridon Rados, 2401 Nicolas Drive, Fullerton, CA 92833 Essam Seif, 15 Tierra Vista, Laguna Hills, CA 92653 AGENT: Eric Hull, 701 North Parkcenter Drive, Santa Ana, CA 92705 LOCATION: 611 South Brookhurst Street. Property is approximately 2.3 acres, located at the southwest corner of Brookhurst Street and Orange Avenue Conditional Use Permit No. 2004-04844 - Request to permit retail sales of alcoholic beverages for off-premises consumption in conjunction with a proposed pharmacy. Determination Of Public Convenience Or Necessity No. 2004-00015 - Request to determine public convenience or necessity for retail sales of alcoholic beverages for off-premises consumption in conjunction with a proposed pharmacy. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit granted (PC2004-55) (6 yes votes, Commissioner Bostwick absent). Determination of Public Convenience or Necessity No. 2004-00015 approved (PC2004-56) (5 yes votes, Commissioner Vanderbilt-Linares voted no and Commissioner Bostwick absent). Negative Declaration approved. (Appeal of the Planning Commission's decision submitted by WAND, Esther Wallace ). ANAHEIM CITY COUNCIL MEETING MINUTES August 3, 2004 PAGE 6 MOTION: CEQA FINDING: NEGATIVE DECLARATION. RESOLUTION NO: 2004-171 CONDITIONAL USE PERMIT NO. 2002-04844 RESOLUTION No: 2004-172 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 20004-00015 Council Member Tait indicated his firm had worked for Sav-on Drug store and he would, therefore, declare a conflict of interest and was excused from the remainder of the meeting. Sheri Vander Dussen, Planning Director, indicated the Planning Commission approved Sav- On Pharmacy's application to permit the retail sales of alcoholic beverages for off-premises consumption in conjunction with a proposed pharmacy including approval of the request for determination for public convenience or necessity, however, the decision was being appealed by Esther Wallace, representing West Anaheim Neighborhood District (WAND). She stated the proposed pharmacy would be located at southwest corner of Brookhurst Street and Orange Avenue, was adjacent to commercial uses to the south, an apartment complex to the west, a church and school to the north across Orange Avenue and a commercial center to the east across Brookhurst Street. She also indicated an existing commercial strip center would be demolished to make way for the construction of the new Sav-On building. Ms. Vander Dussen related the pharmacy would be located at the westerly portion of the property, the existing United California Bank would remain and would share access and parking with the new retail building and Sav-on would include a full complement of retail grocery products as well as a drive-thru pharmacy. The project complied with all aspects of the zoning code and improvements to the site would include a new high quality retail building and enhanced landscaping. Ms. Vander Dussen reported the new pharmacy building would setback 35 feet from this property line and in addition, the two non-conforming free standing signs would be removed from the property and replaced with a conforming monument sign. She also pointed out the retail pharmacy was permitted by right, however the sale of alcoholic beverages was subject to approval by a conditional use permit and also a determination of public convenience or necessity was required due to the fact that the project was located within an area of high crime and an over concentration of liquor licenses. Ms. Vander Dussen clarified the Sav-On store would be located within a census tract which only permitted three licenses based on the residential population of the tract and that Sav-On's license, if approved, would make the fourth licence. Mayor Pringle asked if any there were any alcohol licenses in the buildings that were being demolished and Ms. Vander Dussen replied affirmatively that licenses for three on-premise sale of alcohol for three restaurants would be terminated. Ms. Vander Dussen also remarked the store would be located within a police reporting district with a crime rate that was 85 percent above the citywide average. It was explained that the appellant, Esther Wallace, WAND chairwoman, had discussed with the Planning Commission certain concerns she had with the project during that hearing and those same concerns were identified in her appeal letter which cited the following: an increase in traffic volume along Orange Avenue, ingress and egress of delivery trucks along Orange Avenue, an over concentration of liquor licenses, the above average crime rate, and no justification for necessity as nearby drug stores offered off-premise sale of alcohol. Ms. Wallace had also expressed concern with the introduction of another alcohol license in West ANAHEIM CITY COUNCIL MEETING MINUTES August 3, 2004 PAGE 7 Anaheim, even though two Sav-On stores in the area would be closing, the stores at Euclid and Broadway and Lincoln and Gilbert. The Mayor confirmed that the two stores to be closed presently had off-premise alcohol licenses. John Ramirez, Planning Department, explained that Sav-On would not be relinquishing the licenses but would be taking them back to be transferred to another location. In response to Mayor Pringle's inquiry, Michele Irvine of the Anaheim Police Department, confirmed that alcohol licenses were not tied to a specific location and that Sav-On had purchased the off-premise alcohol licenses to be used at other locations in the future. As part of the Planning Commission review, Ms. Vander Dussen explained the project was evaluated with regards to impacts related to traffic and crime and it was found that based on proposed uses, the traffic was expected to decrease by 28 percent in peak hours and a 39 percent decrease in the number of weekday vehicle trips to the site. The traffic engineering staff had evaluated the ability of large tractor trailer trucks to maneuver on the site and concluded that such maneuvers could be conducted safely but nevertheless, Sav-On agreed to a condition that would prohibit large trucks from entering or exiting the site on Orange Avenue due to the concerns expressed by the residents. Crime had also been mentioned as a concern and Ms. Vander Dussen reported staff had compared the calls for service for the subject site with existing Sav-on stores within the City and found the stores had fewer numbers of calls for service and the calls received were less severe than the existing commercial center and restaurants on that site. She pointed out that although this request would result in an over concentration of off-site liquor licenses, the three on-sale establishments would be eliminated and their licenses terminated and staff maintained the determination of public convenience or necessity could be made based on the fact there were currently no similar establishments in the immediate vicinity. The nearest full-service pharmacy with the sale of alcoholic beverages is approximately one half mile to the south at the corner of Brookhurst and Ball. Ms. Vander Dussen concluded her report by stating staff recommended Council uphold the Planning Commission's decision to approve the application as the Commission had taken into consideration the specific concerns identified prior to making its decision and found the project would actually reduce traffic in the area, would reduce calls for police service, would eliminate three existing on-sale alcohol licenses and the aging commercial center would be replaced with a newer high quality building upgraded to comply with code requirements. Sav-on had also advised they implement a strict training and monitoring program which consisted of training and indoor store signage to ensure that all company laws were followed related to the sale of alcoholic beverages. Mayor Pringle opened the public hearing. Leonard Latin, member of Faith Lutheran church located across Orange Avenue from the proposed project, spoke in opposition citing the proliferation of liquor licenses, traffic safety impacts to Orange Avenue, a narrow two-lane street with parking on both sides and anticipated traffic congestion increase. Mr. Latin requested two conditions be implemented to alleviate traffic; to prohibit truck deliveries on Orange Avenue and to establish no parking on the northside of Orange from Brookhurst to Thistle Street to allow safe exit from the Church parking lot. ANAHEIM CITY COUNCIL MEETING MINUTES August 3, 2004 PAGE 8 Esther Wallace, president of board of trustees of Magnolia School District, provided Council with a letter opposing the project from Superintendent Paul Mercier citing traffic congestion concerns on Orange and Brookhurst and the proliferation of liquor licenses in the surrounding area with high crime rate statistics. Ms. Wallace also reiterated her concerns as chairperson for WAND, specifically citing increased traffic, safety concerns by ingress and egress of large delivery trucks on Orange Avenue, the over concentration of alcohol licenses and the above average crime rate to the area. Ms. Wallace did not feel a condition of necessity could be found due to location of nearby drug stores with off-premise alcohol licenses. She also requested that no clerk under the age of 18 be allowed to sell liquor and for Council to consider closing of the Orange entrance to ensure that all delivery trucks utilize Brookhurst Street. Judith Galette, representing WAND, spoke in opposition to the project citing increased traffic, high crime rate statistics and the close proximity of the church and school to a store selling alcohol. Robert Weimer, representing Albertson, clarified a few comments. He indicated that the City did not turn down the request to build a Sav-On at Lincoln and Brookhurst, but that his firm was unable to purchase the site. He also indicated that by law, a clerk must be 18 years old to be able to sell alcohol and that there were four Sav-on stores currently located in Anaheim with no violations. He also confirmed that there would be two trucks per week making deliveries and the store facility would generate less traffic than the existing center with three restaurants. The Mayor confirmed that Sav-on would be closing two pharmacies in Anaheim and had no plans to open another store in West Anaheim. Mayor Pringle asked how many pharmacies per month were scheduled to open and Mr. Weimer replied, there were 60-70 per year, and the off-premise alcohol license could be used for one of the new locations. Council Member Hernandez inquired as to how many employees were under the age of 18. Paulette Dyer, representing Albertson, indicated Sav-On had very few employees under the age of 18, and those employees would either stock products or work in the photo department. Ms. Dyer indicated that each cashier under the age of 18 signed a policy statement that they would not be allowed to sell alcohol and must call a manager if requested to make a sale. Council Member Hernandez asked why WAND was not supportive of this project that would decrease by three the number of on-site alcohol licenses and by one the number of off-site licenses. Pastor Crawford, Faith Lutheran Church, spoke in opposition to the project stating traffic safety concerns for parents exiting the church parking lot on Orange and the off-premise sale of alcohol in close proximity to the church. As no other public input was received, Mayor Pringle closed the public hearing. In reply to Council Member Hernandez's question as to why WAND was not supportive of a reduction of three on-premise license and one off-premise license, Ms. Wallace felt there would be no reduction because Sav-On was building another facility in the City. In answer to comments made during the public hearing, Council Member Chavez felt that Sav-on was coming into the community to revitalize a commercial strip, had several meetings ANAHEIM CITY COUNCIL MEETING MINUTES August 3, 2004 PAGE 9 with WAND members prior to going through the permit process and made attempts to mitigate concerns. Council Member Chavez stated staff had done their homework and predicted a decrease in traffic as well as a reduction in alcohol licenses and he would be supporting the project. Mayor Pringle stated the City was putting resources into improving parking and streets in an area that had been neglected and was also encouraging the private sector to make an investment in the community. He pointed out that WAND members had expressed concern over the existing center activities and had asked for Council's assistance in cleaning up West Anaheim and he was challenged to understand why hurdles were being placed for the redevelopment of a dilapidated center, when the City traffic engineer reported traffic would be reduced and Planning staff indicating that alcohol licenses would be reduced as well. Mayor Pringle remarked that the Planning Commission had listed conditions to ensure the store owner obeyed the law and also agreed to not have trucks entering onto Orange Avenue by adding language to the effect "the ingress and egress to the site of all deliveries by tractor trailer trucks entering or exiting the site from Orange Avenue would be restricted." For those reasons, Mayor Pringle stated he would support the project. Council Member Hernandez moved to approve CEQA finding of Negative Declaration, to approve RESOLUTION No. 2004-171, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2004-04844, and to approve RESOLUTION NO. 2004-172, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF AN ALCOHOLIC BEVERAGE CONTROL LICENSE FOR PREMISE LOCATED AT 611 BROOKHURST STREET; seconded by Council Member Chavez. Roll Call vote: Ayes - 4; Mayor Pringle, Council Members: Chavez, Hernandez and McCracken. Abstain - 1; Council Member Tait. Noes- O. Motion Carried. CLOSED SESSION: No report. COUNCIL COMMUNICATIONS: Council Member McCracken, speaking as representative to the Orange County Sanitation District, clarified recent newspaper articles related to the District considering charging residents to pay for cleanup of urban runoff. She indicated that information was taken from minutes from a task force examining issues related to runoff but was nowhere near considering fees of taxes of any kind. She predicted this would be a 3-5 year process which was now in the information collecting stage. Council Member Chavez reported he attended the Democratic National Convention to propose Anaheim be considered as a convention site in the future. He also stated that Mayor Pringle would be attending the Republican National Convention hoping to generate the same interest in Anaheim as a convention site for 2008. Mayor Pringle thanked Council Member Chavez for his efforts in promoting the City and stated this was one of the ways in which the City generated interest in the resort area. ANAHEIM CITY COUNCIL MEETING MINUTES August 3, 2004 PAGE 10 Mayor Pringle also remarked that the City was in a stronger place economically now that the State budget was passed and total reductions to local resources was capped. He commented favorably on the constitutional amendment that would be on the November ballot which would cap what the State could take from local governments in the future. ADJOURNMENT: There being no further business to come before the City Council, Mayor Pringle adjourned the meeting at 7:21 P.M. R.(eS~Ctf. ully SU. b.)mi~d:. ! ;3!Lt~ ~~:t/{ Sheryl I Schroeder, MMC City Clerk