Loading...
1997/07/15ANAHEIM CITY COUNCIL MINUTES JULY 15, 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 CITY CLERK: Leonora N. Sohl COMMUNITY SERVICES DIRECTOR: Chris Jarvi CIVIL ENGINEER - DEVELOPMENT SERVICES: Natalie Meeks ZONING ADMINISTRATOR: Annika Santalahti ZONING DIVISION MANAGER: Greg Hastings DEPUTY PLANNING DIRECTOR: Mary McCIoskey POLICE INVESTIGATOR: Tom Engle ASSOCIATE PLANNER-PLANNING DEPT.: Karen Freeman COMMUNITY DEVELOPMENT/PROPERTY SVCS. MANAGER: Robert Zur Schmiede A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:55 p.m. on July 11, 1997 at the City Hall Kiosk, containing all items as shown herein. Mayor Daly called the meeting to order at 3:00 p.m. 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 Closed Session items. The following items are to be considered at the Closed Session. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existing Litigation: Name of case: Delmonico, et al. v. City of Anaheim, et al. (and 18 related cases) Orange County Superior Court Case No. 70-80-71. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existing Litigation: Name of case: Martinez v. City of Anaheim, et al., Orange County Superior Court Case No. 76- 61-77. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8: Property: 806 North Brookhurst Street Negotiating parties: Anaheim Redevelopment Agency and Home Depot, Mr. Yong Ung Kim, Brookhurst Motor, Inc. Under negotiation: Price and terms. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: one potential case. LIABILITY CLAIMS Claimant: J.R. Filanc Construction Co., Inc. Agency claimed against: City of Anaheim By general consent, the Council recessed into Closed Session. (3:01 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:10 p.m.) INVOCATION: Mary Hibbard, Anaheim United Methodist Church, gave the invocation. FLAG SALUTE: Council Member Bob Zemel led the assembly in the Pledge of Allegiance to the Flag. INTRODUCTION OF DELEGATION FROM KOREA AND PRESENTATIONS: Paul Bostwick, representing the Sister City Association, stated it is a pleasure to introduce the delegation from the City of Chunchon, Korea who are present in Anaheim because of their interest in becoming Anaheim's Sister City. He thereupon introduced Mayor Bai of Chunchon, Korea who was accompanied by members of the Chunchon Council as well as other educational and business dignitaries. Mayor Bai, speaking through an interpreter, thanked the Mayor and Council Members for their hospitality and warm reception. Anaheim is one of the most beautiful, well-managed and best places to live of all the cities in California. The City of Chunchon in many ways is very much the same. He then described the City of Chunchon and all the amenities it has to offer just as is true of the City of Anaheim. In concluding, he stated they believe a relationship with Anaheim will be very beneficial and he hopes this meeting will provide the opportunity to develop a close relationship and to share each other's goals and other information which will help in developing their cities. Mayor Daly, on behalf of the Council and the citizens, expressed pleasure in having Mayor Bai and the delegation from Chunchon visit the City of Anaheim with the possibility of a future relationship. He then presented some symbolic gifts to the Mayor and the delegation on behalf of the City. Conversely, Mayor Bai presented gifts to Mayor Daly and Council Members. Mayor Daly stated that he also appreciates the work of the Sister City Association, a volunteer organization, who put a great deal of time and effort into the program. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 119: DECLARATION OF RECOGNITION - BOB PENFIELD: A Declaration of Recognition was unanimously adopted by the City Council to be presented to Bob Penfield on his retirement from Disneyland as the last original Disneyland employee. Mayor Daly first read portions of the Declaration wherein it states, "Bob Penfield has dedicated 42 years of his professional career to his work at Disneyland beginning on the opening day of Disneyland, July 17, 1955." The Declaration also acknowledged the projects in which he was involved including the park's exhibit at the Worlds Fair in New York in 1964 and the opening of Disney World in 1982/83. The Mayor and Council Members then personally commended Mr. Penfield and wished him well in his retirement noting that Mr. Penfield's retirement from Disneyland represents the passing of an era. 119: PRESENTATION RECOGNIZING GENE BREWER AND JIMMIE KENNEDY FOR SERVICE ON THE BUDGET ADVISORY COMMISSION (BAC): Mayor Daly. It is a pleasure to recognize Gene Brewer who is present this evening (Mr. Kennedy was unable to be present) and to present him with a Flying '%" Certificate commending him for five years of dedicated service to the City of Anaheim as a member of the Budget Advisory Commission. On behalf of the Council and the citizens, he commended Mr. Brewer as did each of the Council Members. Mr. Gene Brewer. He truly believes in all of Orange County that the governmental structure in Anaheim has evolved into one that is best and uniquely qualified to meet the demands of the City. He does not know of any cities that have the equivalent of a Budget Advisory Commission. It has been his pleasure to serve; Mayor Daly. His (Brewer's) dedication and sincerity is always obvious. He has devoted a tremendous amount of time to Anaheim and helped to guide the City's finances through the recession. 119: DECLARATIONS OF RECOGNITION: Declarations of Recognition were unanimously adopted by the City Council and presented to Canyon High School Team Members Veronica Lopez, Ro Ana Lutz and Becky Tippets for participating in the 1997 Home Runs for Heros Contest at Anaheim Stadium on April 26, 1997. The event was a fund- raising contest to support the National Marrow Donor Program. Veronica, Ro Ana and Becky scored the highest number of points in the final Home Run Hitting Contest which raised $15,000 in donations in the name of the late Michelle Carew to be donated to the Marrow Donor Program. Mayor Daly and Council Members congratulated and commended the participants. The Mayor noted that Council Members Zemel and Tait were involved in this worthy event which was a tribute to Michelle Carew; Council Member Zemel. It was a great effort by Michelle's teammates not only to stage the event, but to actually win it and raise $15,000. He also thanked Tom Tait for assisting and donating to the cause and also to Public Information Officer, Bret Colson for donating his time and the photographs he took of the event. Becky Tippets. She thanked Rod Carew for putting on the event and to everyone who contributed. It was an honor to do it because it was for Michelle's memory, her teammate, and also for all the kids who need a bone-marrow transplant. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $6,481,485.71 for the period ending July 11, 1997, in accordance with the 1997-98 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:55 p.m.) ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 Mayor Daly reconvened the City Council Meeting ( 6:50 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST; Rosalind Oliva Dover, 9647 Bickly Dr., Huntington Beach. She submitted a copy of her letter dated July 15, 1997 (made a part of the record) which she also read. The letter addressed allegations relative to fraud, misuse of charity food program, showing preferential treatment, use of watchdog volunteer to commit and conceal improprieties and subsequent whistle blowing on the negligent handling of the charity food program, other activities and retaliation for same. Relative to the watchdog volunteer, she alleged that the volunteer was actually stationed outside of the office of the director in charge of the facility, Ida Durand. Mayor Daly asked if this was the first time she has aired the allegations, if she had submitted anything in writing to City government, and if this was the first time the City Manager would have heard the allegations. Ms. Dover answered, no, it was not the first time. She has attempted to do so all the way up the line, but she has not submitted anything in writing. Mayor Daly asked if she was going to disclose which recipient of the funds was involved; Ms. Dover answered, the Jeffrey-Lynne Neighborhood Center. She was an employee at the center and was terminated on Friday and denied the opportunity for future employment with the City. This is more than just about a termination of a part time employee with no benefits, but is about bigger issues affecting a larger community. When she was reprimanded for extending a simple courtesy of giving a tour, she was taken aback by the unprofessional attitude of the reprimand. She was subsequently retaliated against for using the chain of command to complain about the hostile work environment. After additional comments concerning the matter, she strongly appealed to the Council to conduct an independent audit and investigation of the Jeffrey-Lynne Neighborhood Center. Mayor Daly. They will ask the City Manager to review the materials provided and to give a report as soon as he is able. Karrina Gonzalez, 401 W. LaVeta, Orange. She started working in Anaheim in September of 1995 in the Jeffrey-Lynne Center and resigned in October, 1996. She then gave the reasons she resigned, ultimately alleging misconduct by and at the direction of Ida Durand, the Director of the Center. She (Gonzalez) stated she was also required to stay overtime with no pay or a break. She approached Moses Menchaca (Community Services Supervisor) and made him aware of all the things that were happening. She stated she was forced to resign with the City in October, 1996 and is requesting an investigation of the matters she brought forth. Mayor Daly. He asked since she was hired through the Human Resources Department, if she shared the information with Human Resources or attempted to communicate with City management staff; Ms. Gonzalez. She only communicated to Moses Menchaca. Council Member Zemel. He asked if she was forced to resign or if she chose to resign; Ms. Gonzalez. There was constant harassment from Ida Durand. She confirmed she chose to resign. Mr. Menchaca did not solve the problem. There was much more harassment going on. Mayor Daly. There are procedures regarding such personnel matters. He suggested the City Manager review the file and whatever letters may exist and report back to the Council. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 Francisco Ceja, 1303 W. Lynne, Anaheim. He has talked to people from the (Jeffrey-Lynne) neighborhood center over a period of time and they told him it is not responding to the needs of the community, services are provided on a selective basis only to the people selected by the Neighborhood Center Director, the Director has charged for some services such as citizenship classes at $3/person, there are supposed to be computers for the center but they do not know where they are. Another issue is relative to the South Anaheim Neighborhood Council (SANC) meetings and the role of City staff at those meetings. He asked if they are supposed to be there to train the people and support the community, or run the meeting. Last night there were SANC elections and the meeting was completely run by City staff. No one from the community was there to run the meeting. He also explained how the ballots were numbered and matched with the signup sheet thereby voiding the secrecy of the vote. He is asking for an independent audit of the (Jeffrey-Lynne) Neighborhood Community Center and to suspend Ida Durand, the Director, while it is in process. Jessica Castro, Chairperson, United Neighborhoods, 221 N. Coffman, Anaheim. The issues brought forth are serious and need the Council's attention. United Neighborhoods had meetings at the Jeffrey- Lynne Center on Sunday and many people expressed their frustration and anger over what is going on. They have wanted to come forward for a long time but have been intimidated by the Director and other staff. They are asking that an independent investigation be started and pending this, that the Director, staff and volunteers of the center be suspended or transferred to another facility to insure a just and fair investigation. Clifford Dover, 9550 Warner Avenue, Ste. 250, Fountain Valley. He is the husband of Rosalind and a civil rights attorney. He is present to request his wife be reinstated to her former position. In the absence of that, they will be exploring all possible legal remedies regarding her termination and hopes that it can be done in a most expeditious manner. PUBLIC COMMENTS - AGENDA ITEMS: Public input was received on Items A8, Al0, (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 July 15, 1997. Council Member Zemel seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded by Council Member Zemel, 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 Nos. 97R-111 and 97R-113, for adoption. Mayor Daly offered Ordinance No. 5604 for adoption and 5608 for introduction. Refer to Resolution/Ordinance Book. Al. 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 Bartholomew Depolito c/o Daniel M. DiRe, Esq. for bodily injury sustained purportedly due to actions of the City on or about September 23, 1996. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 A2. A3. b. Claim submitted by Mohammad Tajhdis, Prime Italian for property damage sustained purportedly due to actions of the City on or about May 15, 1997. 105: Receiving and filing minutes of the Golf Advisory Commission meeting held May 22, 1997. 128: Receiving and filing the Monthly Financial Analysis presented by the Finance Director for ten months ended April 30, 1997. 123: Approving the State-Local Transportation Partnership Program Agreement No. SLTPP- 5055, Program Supplement No. 020, for the La Palma Avenue street improvement project. A4. 123: Approving a Third Amendment to Agreement between Coast United Advertising, Inc., and the City of Anaheim, extending the term of the agreement for one additional year, for bus bench installation and maintenance services. A5. 158: RESOLUTION NO. 97R-111: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL PROPERTIES OR INTERESTS THEREIN TO THE CITY. A6. 123: To consider the bid, and authorizing the execution of an Agreement with Master Landscape and Maintenance, in an amount not to exceed $23,575 for a one-year period beginning August 1, 1997, with four one-year optional extensions, in accordance with Bid #5685. The City Manager requested that this item be removed from the agenda at this time to be submitted at a later date. A7. 123: Accepting the Iow bid, and authorizing the execution of an Agreement with Ace Parking Management, DBA SoCal Security Services, in an amount not to exceed $560,354 for a two year period beginning August 1, 1997, with four one year optional extensions for security guard services at City Hall, City Hall West and various other Anaheim locations, in accordance with Bid #5647. A8. 152: ORDINANCE NO. 5604: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 1.04.260 AND 1.04.270 OF CHAPTER 1.04 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE CONTRACT AUTHORITY OF THE PURCHASING AGENT. (Continued from the meetings of 6/10/97, Item A13, 6/17/97, Item A23, and 7/8/97, Item A17.) The Ordinance has first reading (only) on July 8, 1997. Revising Council Policies 306 and 401. 152: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE CITY MANAGER TO ENTER INTO CERTAIN AGREEMENTS FOR AND ON BEHALF OF THE CITY IN AMOUNTS NOT TO EXCEED $50,000 EACH. (Continued from the meetings of 6/10/97, Item A13, 6/17/97, Item A23, and 7/8/97, Item A17.) Phil Knypstra, 2520 Gelid Avenue, Anaheim. He would have spoken to this issue last week but assumed it would be automatically approved. There is probably no one in the City that looks at the budget more closely than he does and also in other cities. In his opinion, this is being made an issue and he does not think it should be. When the budget is approved, it is a legal document and cannot be deviated from without the Council's budgetary authority. When he reviews the agendas and support documents, he feels the Council has an obligation to reduce the amount of information that they are exposed to and also the public. He urged those who voted against the proposal to reconsider. He believes it does save more money than they think and explained why. He then reiterated his request that they reconsider and vote yes because it will save paperwork and time. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 Council Member Zemel. He is concerned over the doubling of the amount of the approval and has even received calls from taxpayers. The Council is there to provide oversite and he does not believe it is micro management. Over a seven-year period, this is doubling the administration's opportunity to award contracts. Even though the items are in the budget and ultimately come before the Council, he would just as soon leave things as they are. Mayor Daly offered Ordinance No. 5604 for adoption and also offered the proposed resolution authorizing the City Manager to enter into certain agreements for and on behalf of the City in amounts not to exceed $50,000 each. ORDINANCE NO. 5604: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 1.04.260 AND 1.04.270 OF CHAPTER 1.04 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE CONTRACT AUTHORITY OF THE PURCHASING AGENT. Before further action was taken, Council Member Tait stated he will not be supporting this. It raises signature approval of staff from $25,000 to $50,000. He does not see a need to do it and there is no cost savings associated with it. As he stated last week, the agenda provides a window to City Hall. If nothing else, it serves as informational value to the Council and the public. Mayor Daly. As was pointed out, all of the items are contained within the City budget and approved by the City Council with reports filed at least twice a year summarizing all the actions taken. A roll call vote was then taken on the ordinance and proposed resolution and both failed to carry by the following vote: ROLL CALL VOTE: Ayes: McCracken, Daly Noes: Tait, Zemel, Lopez A9. 113: ORDINANCE NO. 5608: (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING AND ADDING CHAPTER 1.10 TO TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO RECORDS MANAGEMENT. Al0. 150: Receiving and filing the Development Plan for the Deer Canyon Park Preserve. Council Member Tait. He lives adjacent to the park and has been advised because of that and because he pays into that Mello-Roos District, that he abstain. The following two citizens spoke earlier in the meeting under Public Comments on Agenda Items. George Pulliam, 242 S. Eucalyptus Dr., Anaheim. His yard will be crossed by the eventual access road to Deer Canyon Park. The plan calls for delaying opening the access road until the property north of the park is developed. He can support the plan. He thinks the solution to the problem of the access road is a good one. When he is approached by development from the north, many of his current objections to the access road will become moot. He commends staff for solving the problem to the access road and also the Council for playing a role. He is glad that the threat of eminent domain action is behind him. Brenda Kalb, 7695 E. Silver Dollar Lane, Anaheim. She offers her support for the park. The City has done a wonderful job in resolving a lot of problems. She looks forward to enjoying and reaping the benefits. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 Council Member McCracken. She has spent a great deal of time with Mr. Pulliam on this issue. She believes they have answered the concerns of the community. She explained the elements of control the City will have with the area being developed as a park and a preserve and also with the maintenance of the area under the park program, it will reduce the fire danger. Without proper maintenance, it is a fire danger zone. With proper supervision, it can be maintained as the type of open space the community can enjoy, property owners surrounding it can have protection and it can still be the kind of place the City can be proud of. They have addressed some of the concerns of the community about an access to Santa Ana Canyon Road (SAC) and the fact that it would not happen until development along Santa Ana Canyon Road. At that point, she would hope that there would be some kind of vehicular access through streets farther in from SAC so it would be a community park and community preserve. Some of the concerns she has heard are the same she heard when the Oak Canyon Nature Center was proposed which concerns never came to life. Council Member Zemel. One of the mitigation factors relative to development of the three ranches was the development of Deer Canyon Park. This is probably the least developed park in the State but that is the way the City and homeowners wanted it -- the homeowners agreed and the City supported the homeowner's decision to make it a very limited developed park. One particular issue that concerns him is the issue of access and eminent domain. He wants to make sure what Mr. Pulliam was saying was the case. He read a portion of the staff report relative to access to the park noting if that is case, there would have to be some eminent domain and condemnation in order to get the access. Chris Jarvi, Director, Community Services Department. This is approving a master plan for the site which does show eventual access off Santa Ana Canyon Road. It is not the intent to actually implement that access until development occurs on those undeveloped properties. They do not intend the use of eminent domain. Until that time, public access will occur off the four other access points -- Mohler, Fairmont, Canyon Rim, and Hollow Oak. There will be public access but not vehicular access off Santa Ana Canyon Road. They do not have legal access from SAC except for maintenance purposes. Council Member Zemel. If they are approving a plan that proposes public access, but do not have legal rights, how can he (Jarvi) say it does not contain eminent domain today but it does contain it in the future. He asked, which is it. Mr. Jarvi. It is necessary to have a plan so that as that property is developed, they can say that there is a public necessity to develop public access off SAC as that property does develop. Council Member Zemel. Mr. Pulliam left satisfied that there was no plan to affect his property but it sounds like he may be mistaken. He was also pleased that there is no plan to enforce the condemnation opportunities; Chris Jarvi. He (Pulliam) was pleased that there was no immediate plan until the time further development occurs. Mr. Pulliam realizes there will be development and he talked about the property to the north that will eventually be developed and there will be access across that property. Council Member Zemel. The park needs to be developed to the degree the plan calls for. He is still struggling with the eminent domain issue. He questioned if the Council would like to go forward or continue the matter. In any case, he will have trouble supporting it. Mayor Daly. He believes it is important to move forward because the plan has been in design for so long. The property was dedicated to the City four years ago by the developers of the ranches. It is time to move forward and make the property available to the public. It is appropriate to treat the land in a wilderness fashion and keep it in as undeveloped a state as possible. Staff has brought a good, workable plan forward, sensitive to the future neighborhoods, but yet making the property available to the surrounding community. It is the largest open space in the City until Gypsum is developed. He is prepared to move forward. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 Council Member Lopez. He is not ready to vote on this matter tonight. He is concerned about Mr. Pulliam who has sent numerous letters. In his mind, he does not think that he (Pulliam) understands what they are going to approve. He would like to continue the matter one week to make sure Mr. Pulliam understands. He will abstain if he has to vote on it tonight. MOTION. Council Member Zemel moved to continue a decision on this item for one week. Council Member Lopez seconded the MOTION. Council Member Tait abstained. MOTION CARRIED. All. 129: RESOLUTION NO. - ..... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CERTIFYING THAT COST ASSESSMENTS FOR WEED ABATEMENT IMPOSED PURSUANT TO TITLE 6, CHAPTER 6.16 OF THE ANAHEIM MUNICIPAL CODE REGULATING WEED AND REFUSE ABATEMENT DO NOT FALL WITHIN THE SCOPE OF PROPOSITION 218. (CERTIFICATION THAT THE CITY OF ANAHEIM ORDINANCE NO. 2907, WEED AND REFUSE CONTROL, DOES NOT FALL WITHIN THE PROVISIONS OF THE RIGHT TO VOTE ON TAXES ACT AS SET FORTH IN ARTICLES XIIIC AND XIIID OF THE CALIFORNIA STATE CONSTITUTION - PROPOSITION 218.) City Manager Ruth. There has been a request from the Fire Department that this item be continued due to an inability to complete the contract in time. A12. 129: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONFIRMING THE WRITTEN REPORT OF THE FIRE CHIEF REGARDING THE COST OF WEED ABATEMENT AND DIRECTING THE FILING THEREOF WITH THE COUNTY OF ORANGE. City Manager Ruth. The Fire Department has requested a one-week continuance on this item as well as the previous item, A11. A13. 123: Approving an Agreement with the County of Orange, in a maximum not-to- exceed fee amount of $83,777 for Gang Suppression Services, and authorizing the Chief of Police to execute said Agreement and make any adjustments in the allocation of funds within the Agreement. A14. 123: Authorizing the Chief of Police to execute a Release of Liability form indemnifying the United States government, the State of California, and the State Office of Criminal Justice Planning from any suits, actions, demands or claims of any nature arising out of the condition of any excess military and federal property obtained through the Federal Excess Property Program; and authorizing the Chief of Police to renew this agreement annually absent any change in form. A15. 144: RESOLUTION NO. 97R-113: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM WAIVING NOTICE OF LEASE BY THE COUNTY OF ORANGE OF CERTAIN PROPERTY LOCATED IN THE CITY OF ANAHEIM. (REQUEST FOR WAIVER OF THE 60- DAY NOTICE PROVISIONS REQUIRED BY STATE GOVERNMENT CODE SECTION NO. 25351 FOR THE PURPOSE OF LOCATING AN 800 MHZ COMMUNICATIONS COUNTY-WIDE COORDINATED COMMUNICATIONS SYSTEM AT CITY HALL WEST.) A16. 123: To consider the Mayor to execute an Agreement with AON Risk Services, Inc., to develop, implement, market and manage an owner-controlled insurance program encompassing the work to be undertaken by the City on the Convention Center Expansion and Remodel, and the Anaheim Resort Area Infrastructure Improvements, at a fixed fee of $245,000 for the term of the project. Staff requested a one-week continuance of this item. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 A17. 123: Approving the Agreement between the City of Anaheim and Ungerboeck Systems, Inc., for the purchase of event management software licenses for the Anaheim Convention Center; and amending the FY 1997/98 budget by increasing expenditures in account 515-560-5135-9717 by $50,000 for the purchase of the user licenses and training. (Continued from the meeting of July 8, 1997, Item A24.) A18. 123: Approving the 1997-98 Firm Capacity and Energy Exchange Agreement and the San Juan Unit Number 4 Replacement Agreement between Idaho Power Company and the City of Anaheim; and authorizing the Public Utilities General Manager to terminate the PacifiCorp Transmission Agreement and execute the Agreements, with any revisions that are in substantial conformance with the Agreements, and any other related documents on behalf of the City. These Agreements will reduce power supply costs by $1,418,000 over the 14 month term between November 5, 1997, and December 31, 1998. A19. 175: Approving and adopting Anaheim's updated Urban Water Management Plan, as recommended by the Public Utilities Board at their meeting of June 12, 1997. A20. 124: Awarding a contract for the Anaheim Convention Center Enhancement Project Step 1; and in the event said Iow bidder fails to comply with the terms of the award, awarding the contract to the second Iow bidder, as well as waiving any irregularities in the bids of both the Iow and second Iow bidders. Assigning the contract for Step 1 Structural Steel entered between the City of Anaheim and SME Steel Contractors on June 10, 1997, to the Step 1 General Contractor. Mayor Daly. It is worth noting this is the award of contract to the Iow bidder for the first phase of the Convention Center expansion - modernization and renovation, in the amount of $22 million. This will officially launch the long-awaited and much needed modernization of the City's Convention Center which is so important to the economy of Anaheim and Orange County. He commends staff for doing such a great job and getting all the documents organized and bringing in a Iow bidder who is slightly lower than the estimated cost of the first phase of the job. Roll Call Vote on Resolution Nos. 97R-111 and 97R-113 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 Nos. 97R-111 and 97R-113 duly passed and adopted. END OF CONSENT CALENDAR. Ordinance No. 5604 was not adopted. MOTIONS CARRIED. 10 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 A21. 121: CONDEMNATION HEARINGS RELATING TO THE ANAHEIM RESORT AREA SPECIFIC PLAN AND KATELLA AVENUE SMART STREET PROJECT: To consider the adoption of the following resolutions finding and determining the public interest and necessity to require condemnation of certain real properties for the purposes of making public roadway improvements as part of the Anaheim Resort Area Specific Plan and the Katella Avenue Smart Street Project and authorizing the law firm of Rutan and Tucker, special counsel to the City, to proceed with said condemnation action. Submitted was report dated July 11, 1997 recommending adoption of the subject resolutions for certain real properties located on the Katella Avenue Smart Street Project (Anaheim Resort Area). Mayor Daly. This is the time and place for the hearing on 21 separate proposed acquisitions of property by eminent domain in connection with the Katella Avenue Smart Street and Anaheim Resort Area Improvement and Beautification Program. The properties involved are identified as items (a) through (u) under the subject Agenda item (A21). Each property is legally described in the 21 proposed resolutions attached to the Staff Report to the City Council dated July 11, 1997. City Manager Ruth. Staff is requesting that item (s), 611 West Katella Avenue, be continued for three weeks. Mayor Daly asked for a staff presentation. Natalie Meeks, Civil Engineer, Public Works. The resolutions on today's agenda are for the acquisition of rights of way for construction of the Katella Smart Street improvements from about west of Harbor Blvd. to Anaheim Blvd. including supplemental right of way for completion of the Anaheim Resort Capital Improvement Program. These projects are considered as part of the City's General Plan in conjunction with the Katella Super Street EIR and Anaheim Resort EIR. Funding will become available through OCTA and the sale of the Resort Area bonds earlier this year. Implementation will increase the capacity of the street and intersection operation. She then briefed the July 11, 1997 staff report under the "Discussion" portion which explained that offers to purchase each of the parcels involved were made to the owners of record to obtain the right of way necessary to complete the Katella Avenue Smart Street Project and that staff will continue to work with all property owners in an attempt to complete the acquisition process through continued negotiations. Mayor Daly. In conducting the hearing(s), testimony will be taken separately from the owner of record or a designated representative for each property on the 21 proposed acquisitions listed on the agenda. Testimony should be limited to the following issues only: (1) Whether the public interest and necessity require the project; (2) Whether the project is planned and located in a manner that will be most compatible with the greatest public good and least private injury; (3) Whether the property sought to be acquired is necessary for the project; (4) Whether the offer required by Government Code Section 7267.2 has been made to the owner or owners of record and the City has met all other procedural requirements for exercising eminent domain. Mayor Daly. He asked the City Attorney if these will be 21 separate Public Hearings; City Attorney White. They call it one hearing but segmented into 21 different parcels. The record becomes easier that way. (a) Property located at 711 West Katella - R/W 5180-14: The Mayor opened the hearing and invited the owner or representative for the property described to address the City Council. There being no one present to speak, the Public Hearing was closed. (b) Property located at 615 West Katella - R/W 5180-16: The Mayor opened the hearing and invited the owner or representative for the property described to address the City Council. There being no one present to speak, the Public Hearing was closed. 11 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 (c) Property located at 1756-1761 Harbor Boulevard - RNV 5180-18: The Mayor opened the hearing and invited the owner or representative for the property described to address the City Council. Mr. Gene Te, 2123 Palmetto Terrace, Fullerton. This is a partnership and they just took over the property last week. They were not allowed to talk to the City regarding this matter because they were not the legal owner until last Friday. They did not have enough time to talk to the City officials. They urged the committee to exclude them from the condemnation hearing so they could continue to resolve the situation hopefully within the next 30 days. Council Member Zemel asked Mr. Te if the owner of the property made him aware that these procedures were going on; Gene Te. They were aware they were going on during the escrow but they were not allowed to talk. Council Member Zemel. He is curious if Mr. Te knew when he decided to purchase the property and put his money in to close escrow if he was aware that there were legal proceedings going on that affected property; Mr. Te. They were aware and are also tenants of the building. City Attorney White. Before closing the hearing, he recommended that staff be given an opportunity to respond. Mr. David Cosgrove, Special Counsel. This is one of the more difficult situations where there is an owner who steps in at the last minute after there has been a long process of negotiation. They have had contacts through the City's Right-of-Way Consultant starting in March of last year. The property owner has been aware of the action and they have done a great deal to try to notice tenants as well as property owners. The new owners have come in and presented appraisal information. Staff is currently in the process of examining that information. The passage of a resolution of necessity at this time does not preclude the continuation of negotiations. They are somewhat concerned about scheduling problems and unduly continuing matters particularly with the long history involved and when there has been the actual notice of the incoming owners. He requests that they still be allowed to go forward. They are taking a serious look at the information just now presented. The level of success to date negotiating with property owners speaks for itself. The Council can be assured that those negotiations will continue in earnest. The Mayor closed the Public Hearing. (d) Property located at 1747 South Harbor Boulevard - RNV 5180-19: The Mayor opened the hearing and invited the owner or representative for the property described to address the City Council. There being no one present to speak, the Public Hearing was closed. (e) Property located at 1734 South Harbor Boulevard - RNV 5180-22: The Mayor opened the hearing and invited the owner or representative for the property described to address the City Council. There being no one present to speak, the Public Hearing was closed. (0 Property located at 1750 South Harbor Boulevard - R/VV 5180-23: The Mayor opened the hearing and invited the owner or representative for the property described to address the City Council. There being no one present to speak, the Public Hearing was closed. (g) Property located at 1770 South Harbor Boulevard - RNV 5180-24: The Mayor opened the hearing and invited the owner or representative for the property described to address the City Council. There being no one present to speak, the Public Hearing was closed. (h) Property located at 425 West Katella Avenue - RNV 5180-27: The Mayor opened the hearing and invited the owner or representative for the property described to address the City Council. There being no one present to speak, the Public Hearing was closed. 12 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 (I) Property located at 415 West Katella Avenue - R/W 5180-28: The Mayor opened the hearing and invited the owner or representative for the property described to address the City Council. There being no one present to speak, the Public Hearing was closed. (j) Property located at 401-409 West Katella Avenue - R/W 5180-29: The Mayor opened the hearing and invited the owner or representative for the property described to address the City Council. There being no one present to speak, the Public Hearing was closed. (k) Property located at 231 West Katella Avenue - R/W 5180-33: The Mayor opened the hearing and invited the owner or representative for the property described to address the City Council. There being no one present to speak, the Public Hearing was closed. (I) Property located at 221 West Katella Avenue - R/W 5180-34: The Mayor opened the hearing and invited the owner or representative for the property described to address the City Council. There being no one ~resent to speak, the Public Hearing was closed. (m) Property located at 221 West invited the owner or representative no one ~resent to speak, the Public Katella Avenue - R/W 5180-35: The Mayor opened the hearing and for the property described to address the City Council. There being Hearing was closed. (n) Property located at 131 West invited the owner or representative no one ~resent to speak, the Public Katella Avenue - R/W 5180-36: The Mayor opened the hearing and for the property described to address the City Council. There being Hearing was closed. (o) Property located at 115 West invited the owner or representative no one ~resent to speak, the Public Katella Avenue - R/W 5180-37: The Mayor opened the hearing and for the property described to address the City Council. There being Hearing was closed. (p) Property located at 300, 310 invited the owner or representative no one ~resent to speak, the Public Katella Way - R/W 5180-42: The Mayor opened the hearing and for the property described to address the City Council. There being Hearing was closed. (q) Property located at 300, 310 invited the owner or representative no one ~resent to speak, the Public Katella Way - R/W 5180-42A: The Mayor opened the hearing and for the property described to address the City Council. There being Hearing was closed. (r) Property located at 200 West Katella Avenue - R/W 5180-49: The Mayor opened the hearing and invited the owner or representative for the property described to address the City Council. There being no one ~resent to speak, the Public Hearing was closed. (s) Property located at 1779 South Harbor Boulevard (611 West Katella Avenue) - R/W 5180-17: City Attorney White. Relative to this item, even though earlier in the meeting the City Manager reported that staff was requesting a three-week continuance, he recommended that the hearing be opened to determine if anyone was present to speak and, if not, then continue the hearing as requested. Mayor Daly opened the hearing and invited the owner or representative for the property described to address the City Council. There was no response. The hearing was thereupon left open and continued three weeks as requested. (t) Property located at 416 West Katella Avenue - R/W 5180-56: The Mayor opened the hearing and invited the owner or representative for the property described to address the City Council. There being no one present to speak, the Public Hearing was closed. 13 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 (u) Property located at 424 West Katella Avenue - R/W 5180-57: The Mayor opened the hearing and invited the owner or representative for the property described to address the City Council. There being no one present to speak, the Public Hearing was closed. Mayor Daly. The Condemnation Hearings have been closed with the exception of item (s). He asked if there was any discussion by Council at this time or a desire to vote on the resolutions separately. There was no discussion and it was determined there would be one vote covering items (a) through (u) with the exception of item (s). Mayor Daly offered Resolution No. 97R-114 through 97R-133, both inclusive, for adoption. (a) RESOLUTION NO. 97R-114: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 711 WEST KATELLA AVENUE, FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R/W 5180-14). (b) RESOLUTION NO. 97R-115: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 615 WEST KATELLA AVENUE, FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R/W 5180-16). (c) RESOLUTION NO. 97R-116: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 1756-1761 HARBOR BOULEVARD, FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R/W 5180-18). (d) RESOLUTION NO. 97R-117: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 1747 SOUTH HARBOR BOULEVARD, FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R/W 5180-19). (e) RESOLUTION NO. 97R-118: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 1734 SOUTH HARBOR BOULEVARD, FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R/W 5180-22). (0 RESOLUTION NO. 97R-119: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 1750 SOUTH HARBOR BOULEVARD, FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R/W 5180-23). (g) RESOLUTION NO. 97R-120: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 1770 SOUTH HARBOR BOULEVARD, FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R/W 5180-24). (h) RESOLUTION NO. 97R-121: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 425 WEST KATELLA AVENUE, FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R/W 5180-27). RESOLUTION NO. 97R-122: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 415 WEST KATELLA AVENUE, FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R/W 5180-28). 14 ~) (k) 0) (m) (n) (o) (P) (q) (0 (t) (u) ANAHEIM~ CALIFORNIA - CITY COUNCIL MINUTES - JULY 157 1997 RESOLUTION NO. 97R-123: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 401-409 WEST KATELLA AVENUE, FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R/VV 5180-29). RESOLUTION NO. 97R-124: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 231 WEST KATELLA AVENUE, FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R/W 5180-33). RESOLUTION NO. 97R-125: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 221 WEST KATELLA AVENUE, FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R/W 5180-34). RESOLUTION NO. 97R-12§: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 221 WEST KATELLA AVENUE, FOR THE PURPOSES OF CONDUCTING ROADWAY iMPROVEMENT (RAN 5180-35). RESOLUTION NO. 97R-127: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 131 WEST KATELLA AVENUE, FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (RNV 5180-36). RESOLUTION NO. 97R-128: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 115 WEST KATELLA AVENUE, FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (RNV 5180-37). RESOLUTION NO. 97R-129: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 300, 310 KATELLA WAY, FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R/W 5180-42). RESOLUTION NO. 97R-130: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 300, 310 KATELLA WAY, FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (RAN 5180-42A). RESOLUTION NO. 97R-131: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 200 WEST KATELLA AVENUE, FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R/W 5180-49). RESOLUTION NO. 97R- . OLUTION Or THE CITY COUNCIL OF THE OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 416 WEST KATELLA AVENUE, FOR THE PURPOSES OF CONDUCT~k~ROADWAY IMPROVEMENT (R/VV 5180-56). RESOLUTION NO. 97R-~r:- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 424 WEST KATELLA AVENUE, FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (PJW 5180-57). 15 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 Roll Call Vote on Resolution Nos. 97R-114 throuqh 97R-133, both inclusive, 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 Nos. 97R-114 through 97R-133, both inclusive, duly passed and adopted. D1. 179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2973 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 97-06 AND NEGATIVE DECLARATION: OWNER: ORKIN INCORPORATED/THRIFTY OIL COMPANY, 10000 Lakewood Boulevard, Downey, CA 90240 AGENT: DAVID A. ROSE III, 10000 Lakewood Boulevard, Downey, CA 90240 LOCATION: 304 South Maqnolia Avenue -Thrifty Oil Company. Property is 0.49 acre located at the southeast corner of Magnolia Avenue and Broadway. To amend or delete a condition of approval to permit retail sales of beer and wine for off- premises consumption in an existing service station convenience market. To determine public convenience or necessity for retail sales of beer and wine for off-premises consumption. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 2973 APPROVED with the added condition that this approval shall terminate in one year if the applicant has not been able to purchase an active and operating ABC license existing within the same census tract (PC97-48) (5 yes votes, 1 no vote, and 1 absent). Determination of Public Convenience or Necessity No. 97-06 WITHDRAWN. Approved Negative Declaration. HEARING SET ON: A letter of appeal of the Planning Commission decision was submitted by Harry Bisla, Franchisee 7 -Eleven Store, 240 South Magnolia Ave., Anaheim, Ca. 92801, in letter dated May 16, 1997. Informational item at the meeting of May 20, 1997, Item B6. The Public hearing was continued from the meeting of July 8, 1997, Item D1, to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - June 26, 1997. Mailing to property owners within 300 feet - June 19, 1997. Posting of property - June 20, 1997. STAFF INPUT: See staff report to the Planning Commission dated April 28, 1997 City Clerk Sohl. On July 8, 1997 the Public Hearing was closed and subsequently continued to this meeting because of a tie vote. Mr. Rose, the agent for the applicant, indicated to her earlier that he had to leave the meeting. He does not know if the Council is going to take additional testimony but was of the belief that it is only necessary to take a vote on the matter. 16 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 Mayor Daly. Testimony was taken at the last meeting and the Public Hearing was then closed; Council Member Zemel. He has not heard that testimony since he was not present at the last meeting. City Attorney White. If Council Member Zemel has not had an opportunity to familiarize himself with the testimony, he recommends that the matter be continued another week and that he (Zemel) listen to the audio tape of the proceedings available in the City Clerk's office. MOTION. Council Member Zemel requested that the tape be provided to him and then moved for a one- week continuance of the subject Public Hearing. Council Member Lopez seconded the motion. Before a vote was taken, Mayor Daly asked for clarification that at the last meeting, the vote on the resolution was 2-1; City Attorney White. He answered that was correct. Because a resolution was involved, the City Charter requires three affirmative votes for adoption. Mayor Daly. As he recalled, the vote was 2-1 with Council Member Tait abstaining and assumes he will be abstaining again this evening. Council Member Tait. He will be abstaining on this Public Hearing as well as the Public Hearings under Item D2. and D6. A vote was then taken on the motion to continue the Public Hearing (Item D1.) for one week. Council Member Tait abstained. MOTION CARRIED. D2. 179: CONTINUED PUBLIC HEARING - WAIVER OF CODE REQUIREMENTS CONDITIONAL USE PERMIT NO. 3922 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 97-07 AND NEGATIVE DECLARATION: OWNER: CARL N. & MARGARET M. KARCHER TRUST, 1200 North Harbor Boulevard, Anaheim, CA 92801 AGENT: ARCO PRODUCTS COMPANY, 4 Center Pointe Drive, La Palma, CA 90623 LOCATION: 1244 North Harbor Boulevard. Property is 1.16 acres located on the east side of Harbor Boulevard, 240 feet north of the centerline of Romneya Drive. To permit a 2,944 square-foot service station with an accessory convenience market with retail sales of beer and wine for off-premises consumption with waivers of (a) minimum distance between signs and (b) minimum required landscaping adjacent to interior property lines and to determine public convenience or necessity for retail sales of beer and wine for off-premises consumption. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3922 GRANTED, IN PART, denying the retail sales of beer and wine for off-premises consumption (PC97-49) (6 yes votes, 1 absent). Waiver of code requirement APPROVED, IN PART, waiver (a) was denied on the basis that it was deleted following public notification, and waiver (b) was approved. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 97-07 DENIED (PC97- 50). Approved Negative Declaration. HEARING SET ON: A letter of appeal of the Planning Commission decision was submitted by Thomas Riggle, Project Manager, RHL Design Group, 1201 South Beach Blvd., Suite 207, La Habra, Ca. 90631, in latter dated July 7, 1997. Informational item at the meeting of May 20, 1997, Item B7. This Public hearing was continued from the meeting of July 8, 1997, Item D2, at the request of the applicant. 17 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - June 26, 1997. Mailing to property owners within 300 feet - June 19, 1997. Posting of property - June 20, 1997. Mayor Daly. They have received a letter from the agent or property owner's representative requesting an additional one-week continuance. This is the second request. City Attorney White. Although it is the second request, it is discretionary with the Council if they wish to continue the hearing again. MOTION. requested, CARRIED, Council Member Zemel moved to continue the subject Public Hearing for one week as Council Member Lopez seconded the motion. Council Member Tait abstained. MOTION D3. 179: CONTINUED REHEARING - VARIANCE NO. 4302, CATEGORICALLY EXEMPT, CLASS 11: OWNER: JAS PARTNERSHIP, Attn: Jim Shab, 1990 South Anaheim Boulevard, Anaheim, CA 92805 AGENT: LEON ALEXANDER, 558 South Harbor Boulevard, #100, Anaheim, CA 92805 LOCATION: 1985 South Santa Cruz Street. Property is 2.44 acres located at the northwest corner of Santa Cruz Street and Stanford Court. Waiver of permitted type of sign and permitted size of freestanding sign to construct a 50-foot high double-faced, 299 square foot freestanding pole sign including a 70 square foot electronic readerboard. ACTION TAKEN BY THE PLANNING COMMISSION: GRANTED, IN PART, VARIANCE NO. 4302 for a 50-foot high double faced, 215 square foot freestanding pole sign (PC97-40) (6 yes votes, 1 no vote). Review of the Planning Commission's decision requested by Council Members McCracken and Lopez at the meeting of May 6, 1997, Item B5. Public hearing before the City Council held May 20, 1997 (Item D7). Variance No. 4302 was denied. City Council granted the request for rehearing submitted by the owner Mr. James A. Shab, JAS Partnership and Global Cellular, at the meeting of June 10, 1997, Item B3. Rehearing on Variance No. 4302 was continued from the meeting of July 8, 1997, Item D3, to this date at the request of the applicant. Annika Santalahti, Zoning Administrator. The two sign waivers that are proposed concern, (a) an electronic reader board sign in an industrial zone where changeable copy signs, such as electronic reader boards, are specifically prohibited and, (b) a 280 sq. ft. sign as shown on the revised plan which exceeds the maximum 100 sq. ft. permitted in required front setbacks along streets. She then reviewed in detail the exhibits posted on the Chamber wall -- a map outlining the greater Stadium area including the location of the Global Cellular property, a site plan, and several exhibits showing the freestanding sign which is under discussion. One of the exhibits showed a drawing of the sign which the Planning Commission approved in connection with the variance, 215 sq. ft., including the 70 sq. ft. electronic panel, and 50' high. Another exhibit showed the revised sign plan which the petitioner submitted in connection with the rehearing. It is also 50' high but at 280 sq. ft. or 30% (65 sq. ft.) larger than what the Commission approved. 18 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 Staff is recommending denial of the variance for a number of reasons which were listed in the supplemental staff report submitted to the Council last week, one being that "approval of the variance would establish an undesirable precedent for other similar requests along the Santa Ana Freeway because all the businesses along the east side, in the Stadium Area, are similarly impacted by the freeway widening project." In concluding, she stated if the Council denies the variance for a larger sign with an electronic reader board, the existing electronic sign may be relocated under CUP 3855 which also approved the relocation of Global Cellular to its new site. She also submitted an artist's rendering to the Council to give an idea of what the proposed 50' high, 280 sq. ft. sign would look like when viewed from cars travelling along the future anticipated northbound ramp of the Santa Ana Freeway with the anticipated Gene Autry HOV lanes in the distance. Steve Sheldon, the Rex Company, 100 S. Anaheim Boulevard, Ste.350, Anaheim. He is present to propose a reduction in the overall square footage of the proposed sign. The original application to the Planning Commission was for 195 sq. ft. down to 115 sq. ft. Now, their compromise is for 85 extra feet or approximately the size of a parking space. It is not a billboard, but is for on-site advertising. Putting an extra 8 X 10 square feet 50' in the air does not look large. They also believe this does not create a precedent. The reasons the Council should grant the request is because there are special circumstances to the location and surroundings. The Diamond (HOV) lan of the I-5 when complete will obstruct the visibility of the business as it is right now which for 10 years has had unobstructed visibility from both northbound and southbound traffic. The rendering submitted by staff shows the view northbound, but not southbound, perhaps because there will be no visibility southbound. Global Cellular is trying to clean up and bring more progress to a blighted area. The sign has a nexus to jobs in Anaheim. As part of the compromise, they are asking that the variance be granted for only four years. They would be willing to take one that does not run with the land but four years to deal with the hardships of the I-5 widening. Their request is for an extra 8 X 10', 50' in the air, for four years. Phil Knypstra, 2520 Gelid Avenue. Leon Alexander, who he considers to be a friend, asked him to evaluate the freeway location and in an impartial way, pass that evaluation on to the Council. The sign is in no way equivalent to a billboard. The reason the sign is going up is to attract business customers to the business. He knows there are concerns about the Disneyland "sphere of influence" and believes they are justified, but they cannot use the same thinking and logic for a freeway zone. He hopes the Council can give fair consideration to this request. The applicant is really asking only what they gave FRY'S (on the 91 Freeway). The sign is no bigger and no more objectionable. Signs are intended to attract customers to the City. Chuck Hintz. He owns Coast Corvette and sells classic Corvette cars. Mr. Shab has asked him to speak about the Coast Corvette sign and some of the problems they have had with the (I-5 widening) project and the impacts. They have been dealing with Caltrans for approximately four years. Caltrans has taken the position that any problems created by the project are to be solved by the property owners and they should mitigate their own damages. His sign is very important to the company and their success in Anaheim. He went before the Transportation Commission in Sacramento three times and managed to save his sign. He would appreciate any help they can give Mr. Shab. He would also like to thank the Council because the business-retention staff in the City has been very helpful to his company especially Rob Zur Schmiede. Brad Knypstra. His father, Phil Knypstra, cares a great deal for the City. He (Brad) also cares what happens to Anaheim and is also a friend of the Shab's. The rendering just submitted only shows visibility for northbound traffic and not southbound. Otherwise it would show that after the I-5 widening, the view of Mr. Shab's business will be blocked from southbound traffic. It is a fair compromise for Mr. Shab to ask for 85 more feet. It is not too much to ask for a businessman who has been in the City for 15 years. 19 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 Leon Alexander. It is important that the Council take into consideration that the business must survive and depends upon visibility. Jim Shab, Owner, Global Cellular. If it was not for what Caltrans is doing, he would not be here. He is present to preserve what he has built up and does not want to see it being taken away by the State and City and deprived of what he has enjoyed for 10 years. He would like to keep his name recognition on the freeway. He is now asking for four years vs. a permanent variance. If the Council would consider a longer time, that would also be helpful. He clarified for Council Member Zemel, this is the first time he has communicated his proposed compromise of four years to staff. The Mayor asked to hear from anyone in opposition; there was no response. Mayor Daly closed the Public Hearing. Council Member Zemel. He believes that the concept of the four-year limit on the variance is a good one. He realizes there is compensation from Caltrans and the State but there have been many articles reporting that property owners are not being properly compensated. This is a long-time Anaheim businessman who wants to stay in the City. He is wondering if staff would be amenable if there is a four- year limit on the variance. Annika Santalahti, Zoning Administrator. They are talking about a sign that is smaller than what the Planning Commission acted on. The way staff calculates signage, they take the rectangle that goes around the sign. Unless there is a new exhibit, the one posted totals 280 sq. ft. The 215 sq. ft. which the Planning Commission approved was calculated in the same fashion. She sees this sign as 65 sq. ft. larger than what the Commission saw. Every business is impacted by the freeway widening in a similar fashion. If the variance is approved, every other business has reason to expect they might get a similar variance. The 91 freeway is also elevated but she is not aware of many signs visible across the elevated portions. The majority of those businesses comply with code. In many instances, the property is probably in a commercial zone where signing is more lenient than in an industrial zone. The feeling she has is strong that every business is going to be affected by the raised freeway. If the four years involves a relatively inexpensive sign, she does not think it is unreasonable. On the 91, they allowed some temporary signage at a staff level but definitely temporary signage when the construction was under way. She reiterated, in this instance, if they allow the waivers, they could reasonably expect others wanting to do the same. Staff would want it understood that at the end of four years, the variance would terminate. The sign would come down and the business would have to have a good reason why they are now different from somebody else in order to have signage that exceeds what the underlying code allows. Additional discussion and questioning followed between Council Member Zemel and the Zoning Administrator relative to the issue of whether or not staff could agree on the four-year compromise. Mayor Daly then stated that he would like more information on the details of how it might work because it could be a good solution. He would like details from the applicant and Planning staff, if the suggestion is for a four-year sign which would then be removed, that staff give an analysis and recommendation on that proposal. He suggested a one-week continuance to be apprised of the details. Council Member Lopez. He agreed with the Mayor but has a question of staff. They are already approved for a certain size sign. He asked, if the applicant is saying after the four years there will be no sign, will they have to go back to the sign that staff recommended. Annika Santalahti. If the Council denies the variance for a larger sign with an electronic reader board, the existing electronic sign (100 sq. ft. electronic reader board sign raised to 38') may be relocated under CUP 3855. So in four years, there would be no sign or what the City approved already. 20 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 Council Member Lopez. He asked for clarification if the applicant wants the larger sign for four years and then go back to what was approved; there was a yes answer from a representative in the Chamber audience. Jim Shab. They are agreeing to taking down the additional 85 sq. ft. but he is asking to be permitted the height allowance in that area which is higher. They do not want to take the sign back down to 38' but simply take off the top portion to the allowable height. It will be a sign on top of the reader board that identifies them. MOTION. Mayor Daly moved to continue the Public Hearing for one week so that staff can submit details of the proposal by the applicant. Council Member Lopez seconded the motion. Before a vote was taken, City Attorney White recommended that the Public Hearing be reopened prior to continuing it; Mayor Daly reopened the Public Hearing. Council Member Tait. He would like to know the examples of those temporary signs on the 91 Freeway as reported by staff; Annika Santalahti. There have been a number on major streets. On the freeway, the sign next to the FRY'S sign is one. The bowling alley wanted something that showed over the barricade. Something like that was approved at staff level but they are definitely temporary. A vote was then taken on the motion for continuance. MOTION CARRIED. D4. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3929 AND NEGATIVE DECLARATION DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 97-08: OWNER: F.J. HANSHAW, ENTERPRISE, INC., 10921 Westminster Avenue, Garden Grove, CA 92843 AGENT: DESAPRIYA JINADASA, 2930 West Lincoln Avenue, #1, Anaheim, CA 92803 LOCATION: 2930-1 West Lincoln Avenue - Cheers Market. Property is 0.89 acre located on the south side of Lincoln Avenue, located 200 feet east of the centerline of Laxore Street. To permit a 2,400 square foot convenience market within an existing commercial retail center with sales of alcoholic beverages for off-premises consumption and to determine public convenience or necessity for retail sales of alcoholic beverages for off-premises consumption. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3929 GRANTED, in part, without alcohol (PC97-57) (6 yes votes 1 absent). Denied Determination of Public Convenience or Necessity No. 97-08 on the basis that there are a sufficient number of businesses in the area that sell alcohol to meet the needs and convenience of the public (PC97-58). Approved Negative Declaration. HEARING SET ON: A letter of appeal of the Planning Commission decision was submitted by the Agent, Desapriya Jinadasa 1343 N. Monton St., Anaheim, Ca. 92801, in letter dated May 22, 1997. Informational item at the City Council meeting of June 3, 1997, Item B3. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - July 3, 1997. Mailing to property owners within 300 feet - June 26, 1997. Posting of property - June 27, 1997. 21 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 STAFF INPUT: See staff report to the Planning Commission dated May 12, 1997 City Clerk Sohl. At the last meeting, correspondence was received from the School District regarding this item. Greg Hastings. He briefed staff report to the Planning Commission outlining the specifics of the proposal noting that the CUP was granted in part with the request for alcohol being denied by the Planning Commission based on the high crime rate in the area 229% above the City average and the over concentration of licenses within the census tract -- four are permitted and five are existing plus there are at least seven additional licenses outside the tract within walking distance. As the Clerk mentioned, a letter of opposition was received from the Magnolia School District and a seven-page opposition petition signed by residents and business owners was also received. He also briefed Code Enforcement testimony relative to existing problems. Mayor Daly opened the Public Hearing. Applicant's Statement: George Casto, Executive Vice President and General Manager of Hanshaw Enterprises. The business has been there for about 30 years and they have operated it for the last 15 years. Staff reported that the store was closed and the license transferred. That is not what happened. The gentleman filed bankruptcy and they have been trying to get the license out of ABC and back into the store. They have four other shopping centers in Anaheim that they own and have never had to come to the Council and ask for a variance. He cannot understand why they are being denied since they have been there for 15 years. They run a clean operation. They have full-time security on all of their properties and have never had a problem at that center. He does not know where the reports are coming from. He knows as General Manager if there was a problem, it would be taken care of immediately. He is surprised they have to go through this process when they have been in business for so long. Desapriya Jinadasa. He is the owner of GS Food Store. He already has a store on Brookhurst and LaPalma owned by Hanshaw. He has been in the City for more than seven years. He is here to serve the City and not just make money. The only reason for this hearing is because of the small nearby beer and wine market who are the only ones protesting. His is the only liquor store facing Lincoln. When he was cleaning up the place and trying to open, there were some apartment complex owners and managers who asked him to give support to the public because the small market has outrageous prices. It is not a convenience to the public. The subject property has been a convenience store for 30 years and a liquor store as well for the last 15 years. There are no major problems in this particular center. He requests that they grant him permission to sell alcoholic beverages under CUP 3929. City Attorney White. He would like to clarify that this application is a two-part request. The first part involves the request for a convenience market and the second relates to the sale of alcoholic beverages for off-premises consumption. The Planning Commission approved the convenience market but denied the request for alcoholic beverage sales. John Sammons, 11431 Gill Drive, Garden Grove. In addition to what the previous speaker(s) said, they have a security service that goes around nightly and checks everything. He does so himself and checks the lights and all of the properties to make sure everything is in good condition and working right. If there is anything out of the ordinary he will immediately report it. They have double security and the lighting is perfect. 22 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 Desapriya Jinadasa. He added, without alcoholic beverage sales, he will not be able to run this location as a business. This will affect the other four business in the center because it is the major unit. The City collects a lot of taxes from these businesses. This used to be a Circle K. Normally, Circle K will never select a location that is not good. He is again requesting approval. Mayor Daly closed the Public Hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Mayor Daly, seconded by Council Member Zemel, 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. Mayor Daly. There is a clear recommendation from the Police Department recommending denial of the request to sell hard liquor at this convenience market near the intersection of Lincoln and Beach Blvd. and a clear recommendation from the Planning Commission to allow the convenience market without alcoholic beverages. Mayor Daly offered Resolution 97R-134 for adoption granting Conditional Use Permit 3929 subject to all Planning Commission conditions including no alcohol. RESOLUTION NO. 97R-134: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3929, IN PART. Roll Call Vote on Resolution No. 97R-134 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-134 duly passed and adopted. Mayor Daly offered Resolution No. 97R-135 for adoption denying public convenience and necessity RESOLUTION NO. 97R-135: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE OF NECESSITY WOULD NOT BE SERVED BY THE ISSUANCE OF AN ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PREMISES LOCATED AT 2930 WEST LINCOLN AVENUE, ANAHEIM, CALIFORNIA (APPLICATION NO. 97-08-) Roll Call Vote on Resolution No. 97R-135 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-135 duly passed and adopted. 23 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 D5. 134: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 349 EIR NO. 319 (PREVIOUSLY CERTIFIED): OWNER: CITY-INITIATED (PLANNING DEPARTMENT), 200 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION: Area 1: Approximately 4.58 acres, having frontages of approximately 520 feet on the east side of Brookhurst Street and 85 feet on the west side of Valley Street, located approximately 570 feet north of the centerline of Gramercy Avenue (from the intersection of Brookhurst Street and Gramercy Avenue), and further described as 850 North Brookhurst Street. Area 2: Approximately 4.69 acres, located at the southeast corner of Gramercy Avenue and Brookhurst Street, having approximate frontages of 730 feet on the south side of Gramercy Avenue and 430 feet on the east side of Brookhurst Street, and further described as 600-626 North Brookhurst Street. Area 3: Approximately 2.09 acres (corrected to 2.27 acres), located at the northwest corner of Crescent Avenue and Valley Street, having approximate frontages of 730 feet on the north side of Crescent Avenue and 250 feet on the west side of Valley Street, and further described as 2141-2171 West Crescent Avenue. City-initiated (Planning Department) amendment to the Land Use Element of the General Plan to consider redesignating Areas 1,2 and 3 from the existing General Industrial and Medium Density Residential land use designations to the General Commercial land use designation. The subject request involves three (3) separate areas described above. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended adoption of General Plan Amendment No. 349 (Exhibit A) to City Council (PC97- 69). Approved previously certified EIR NO. 319. Informational item at the meeting of June 17, 1997, Item B7. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - July 3, 1997. Mailing to property owners within 300 feet - June 26, 1997. Posting of property - June 27, 1997. STAFF INPUT: See staff report to the Planning Commission dated May 28, 1997. Karen Freeman, Associate Planner. She briefed the staff report outlining the specifics of the City- initiated General Plan proposal with three separate areas being addressed. Exhibits A and B are posted on the Chamber wall. The preferred alternative is Exhibit A. Council Member Zemel. He asked the fact that the Home Depot project is in jeopardy, does it change the staff recommendation. Mary McCloskey, Deputy Planning Director. In conjunction with the Home Depot project when it was being considered, the City Council did change the General Plan to General Commercial in that area. The site is within the Brookhurst Redevelopment Project Area and has freeway visibility. Staff believes in the long-range plans, that General Commercial would be the appropriate designation for all of the properties that are the subject of the General Plan Amendment as well as that which was approved in June. 24 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 Rob Zur Schmiede, Redevelopment and Property Services Manager. Answering questions posed by Council Member Zemel, he explained that the Redevelopment Plan for the Brookhurst area allows for alternative land uses. If another project comes along that the Agency felt is appropriate, there could be a General Plan review request to allow for that and then the Redevelopment Plan would dovetail with the General Plan Amendment (GPA). He confirmed that this would in no way limit what could be done with the IDM property from the Redevelopment Plan point of view. Mary McCloskey. If a residential project comes forward, they could consider another General Plan Amendment at that point. City Attorney White. There are two separate processes involved in land use approval when property is in a Redevelopment project. One is the basic zoning requirements that apply to all properties in the City. Overlaying that are restrictions as to the use of the property in a Redevelopment area. The property owner has to comply with both. He agrees with Mrs. McCIoskey, if there were to be residential after this is general planned to General Commercial, it would require a subsequent General Plan Amendment when the developer for the project comes in. That has been done in the past. Mrs. McCIoskey then answered additional questions posed by Council Member Zemel who noted that he believed the driving force of this proposed amendment was the Home Depot center. Mayor Daly. If the Home Depot project does not happen, they still need to encourage a retail project on the site. Industrial or apartment planning for this area is no longer appropriate. Regardless of what happens to the Home Depot project, as a follow-up project, some rye of shopping center is the best use for the property. They should encourage that and he believes that is what this GPA would do. Council Member Lopez. He agrees. He feels it would be an excellent location for a nice shopping center. It is not appropriate for apartments or residential any longer. He hopes they can do something with Home Depot but feels staff's recommendation to change is an excellent one. A shopping center would be nice for the entire area. Rob Zur Schmiede. Whether Home Depot proceeds or not, this action was considered to be a follow up to that. That is the way staff proceeded with discussions, that the balance of the property was for commercial use. He does not think in terms of the entitlement process that if another idea came along, it is not something they could not work with. Mayor Daly. It seems a clear message they are deleting any future apartments or industrial uses on that property and it is a good message to send. There were no persons to speck in favor or opposition. Mayor Daly closed the Public Hearing. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Mayor Daly moved, that having reviewed the proposal to amend the Land Use Element of the General Plan to change the current land use designations of certain properties (identified herein as Areas 1, 2, and 3, and totaling approximately 11.5 acres) located on the east side of Brookhurst Street between the 1-5/Santa Ana Freeway and Crescent Avenue, west of Valley View Street from "General Industrial" and "Medium Density Residential" to "General Commercial," the City Council does hereby determine that previously-certified EIR No. 319 for the Brookhurst Commercial Corridor Redevelopment Project is adequate to serve as the required environmental documentation upon a finding that said proposal is within the scope of the project addressed in EIR No. 319; and, that none of the conditions described in Section 15162 of the CEQA Guidelines calling for preparation of a subsequent EIR have occurred. Council Member Lopez seconded the motion. MOTION CARRIED. 25 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 Mayor Daly offered Resolution No. 97R-136 for adoption. Refer to Resolution Book. RESOLUTION NO. 97R-136: 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. 349, EXHIBIT "A". Roll Call Vote on Resolution No. 97R-136 for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None TEMP. ABSENT: MAYOR/COUNCIL MEMBERS: Tait (abstained) ABSTAINED: MAYOR/COUNCIL MEMBERS: Zemel The Mayor declared Resolution No. 97R-136 duly passed and adopted. RECESS: By general Council consent, the Council meeting was recessed for 10 minutes (9:10 p.m). AFTER RECESS: Mayor Daly called the meeting to order, all Council Members being present (9:25 p.m.). D6. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3939 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 97-09 AND MITIGATED NEGATIVE DECLARATION: OWNER: DONALD MILLER, LOIS MILLER, EDWIN MILLER JR. AND BARBARA STEPHEN MILLER, 1544 Buckingham, La Jolla, CA 92703 AGENT: GROWTH MANAGEMENT COMPANY, 12362 Beach Boulevard, Suite 110, Stanton, CA 90680 LOCATION: 301 South Anaheim Boulevard. Property is 0.93 acre located at the southwest corner of Broadway and Anaheim Boulevard To construct a 3,750 square foot service station with a drive-through car wash, two fast-food restaurants, and a convenience market with retail sales of beer and wine for off-premises consumption. To determine public convenience or necessity for retail sales of beer and wine for off-premises consumption. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3939 GRANTED (PC97-72) (5 yes votes, 1 abstained and 1 absent). APPROVED the Determination of Public Convenience or Necessity (PC97-73). Approved Mitigated Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Council Members McCracken and Lopez, at the meeting of June 17, 1997, Item B10, and Public Hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Register- July 3, 1997. Mailing to property owners within 300 feet - July 3, 1997. Posting of property - July 3, 1997. 26 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 STAFF INPUT: See staff report to the Planning Commission dated June 9, 1997. City Clerk Sohl. Received today was letter dated July 15, 1997 from the Anaheim City School District regarding this item which has been copied and distributed to the Council. Greg Hastings, Zoning Division Manager briefed the staff report to the Planning Commission outlining the specifics of the proposal emphasizing that the Planning Commission heavily conditioned the design of the project. Several conditions were also imposed to address beer and wine sales including one requiring that any time extension request for the beer and wine sales shall be considered at a new Public Hearing. The Public Convenience and Necessity request was necessary due to the crime rate in the district which is 62% above City average. Five off-sale beer licenses are permitted in this census tract and only two exist at Von's and Savon Drugs both at Lincoln and Anaheim Blvd. Council Member Lopez. He asked for confirmation that two blocks away at Lemon, south of Broadway, there is a grocery store that has a beer and wine license; Investigator, Tom Engle, Police Department. He answered that was correct. Council Member Lopez. When he worked that area as a Police Patrolman, there was always a problem with homeless individuals buying beer and wine and drinking it in Little People's Park. He asked the crime rate for the area. Tom Engle. The site itself is in the lowest crime rate area. The surrounding area is up to 176% above and the highest is 231% above which is the area east of the subject location. (The subject location is at 62% as previously reported). Council Member Lopez. He would suspect it has to do with the homeless that are in that area and the drinking. It is his biggest objection to having a beer and wine license on that corner. He further elaborated on his concerns and in concluding stated the bottom line is that he cannot approve a beer and wine license today, tomorrow or two years from now at that location. He feels they will be going back 29 years ago when he became a Policeman. The problems in the area existed then and still exist now. Mayor Daly. The staff recommendation had been to approve the project but not to allow beer and wine or the car wash; Greg Hastings. He confirmed that is correct. Staff's problem with the car wash was the aesthetics to Broadway which would empty the car wash directly on to Broadway. The Planning Commission required that the driveway not be opened up. Staff did recommend approval without that driveway. Mayor Daly noted that the car wash opening still faces Broadway; Mr. Hastings acknowledged that but noted it will be screened from view with landscaping. He clarified for the Mayor that the only difference between the Planning Commission approval and the Planning staff recommendation is the beer and wine. Tom Engle. The Police Department recommended approval of beer and wine with conditions. The Planning Commission made the conditions even more restrictive than the Police Department recommended by limiting sales of beer and wine from 8:00 a.m. to 10:00 p.m. He confirmed for the Mayor that the Police Department is comfortable with the beer and wine with the restrictions imposed. Council Member Tait. He is concerned about a conflict based upon the future operator of the site which is not known at this time. 27 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 The applicant's representative explained they are presently negotiating with Mobil, Texaco and Arco; however, they have not signed a contract with any of them. Council Member Tait. On the side of caution, since his firm does work for those companies, he is going to abstain from discussion and voting on this item. (Council Member Tait temporarily left the Council Chamber- 9:36 p.m.). Applicant's Statement: Shane Shaw, Growth Management, 12362 Beach Blvd., Ste. 110, Stanton, CA 90680. They are the architects and engineers on the project. They understand the sensitivity of the location and tried to design a gas station that is going to be a landmark designed in the mission style to match the museum across the street as shown in the posted renderings. He emphasized this business only makes sense to his client if he can get the car wash, service station and beer and wine. The project has been before the Council many times. After five o'clock in downtown, there is no business. If they cannot help this businessman put this package together and make it profitable, that corner will be vacant for a long time. They are proposing a well-lighted center, they will have a guard, and will restrict the beer and wine sales to no later than 10:00 p.m. and will do whatever it takes to make that corner a landmark for the City. He personally knows Mr. Zamoridian who is a good friend of his. He is a hard-working man in Anaheim, is well known and is ready to put his "sweat and blood" into this project to make it a place he would be proud of. Paul Kott, 1225 W. Lincoln, Anaheim. He is involved in many civic and local organizations and one commonly-voiced concern, people want to see activity downtown. He then commented on Council Member Lopez' concerns regarding beer and wine sales noting that because there are homeless people around a local neighborhood market some blocks away, it is unfair to hold those situations against this proposal. This will be a bright, new, clean, safe, friendly service station. Presently, there is no gas station downtown. This project reflects one of the most likely and needed uses for the property. No code waivers are requested, they have met all landscape requirements, there will be interior and exterior surveillance 24 hours a day, etc. It is a private project which will be completed without any public assistance. With respect to off-premises beer and wine, the location is under crime rates identified by the Anaheim Police Department. The Planning Commission did not receive a copy of the letter by the Police Department which recommends approval of the project with the conditions imposed which the operator says he will adhere to. He then referred to a letter just handed to him from the City Clerk from the Anaheim City School District which he feels is absurd since he believes the person who wrote it does not have any idea where the subject property is. It is far removed from schools in the area. He respectfully asked the Council to give their approval in order to bring this architecturally pleasing project to downtown Anaheim. Council Member Zemel. Relative to the letter from the School District, it states that the project is in close proximity to the schools which he also feels is not a true representation. The Anaheim Police Department is closer to the project than any schools. David Stoll, 716 N. Harbor, Business Partner and Property Manager for Bill Taormina. He spoke with Mr. Taormina (who is out of town) this evening. Bill stated, "This is the right thing at that corner bringing life back to downtown Anaheim." He (Stoll) has been with Mr. Taormina for seven years and during that time has been introduced him to a lot of businessman, one being the man they are considering tonight (referred to as Jerry). After giving his background and accomplishments, Mr. Stoll stated he will not only upgrade the area, but will also see to it that no alcohol is sold to minor or anyone under the influence. It would be a loss to the City if the City did not let him bring his honest, hardworking style of business to the City. No one spoke in opposition to the project. 28 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 Summation by Applicant: Shane Shaw. He referred to a project recently approved at Ball and Anaheim Blvd. where the crime rate was approximately 132% above average and the project got approval for beer and wine. In this instance, it is a Iow crime rate. He believes that the corner will be enhanced by the design proposed and that the project can make a positive difference for the City. Council Member Zemel. Looking at the design of the project and the amount of money that will be invested, he asked if the project is conceivable to be built without beer and wine; Mr. Shaw answered, not at all. Council Member Zemel. Of the 42 conditions, about 11 are related to the beer and wine issue. He asked, with those conditions, are they still going to be able to build the project; Mr. Shaw answered yes, and they will comply with those conditions. There should not be any problem. His client is ready to spend about $2 million on that corner without his hand out. Mayor Daly closed the Public Hearing. Council Member Lopez. He lives in the area of State College and Lincoln but is in the downtown area five nights a week at the Boxing Club next door to City Hall (at Broadway and Olive). Everyone is gone after 5:00 p.m. except the homeless people. Beer and wine will be a detriment. There are already two places close by that sell beer and wine and alcohol (Van's and Savan). In his 29 years on the Police Department and being in the downtown area five nights a week, he sees these people and knows many of them even today because they are the same people. He has had numerous downtown citizens tell him they do not want beer and wine at that location. Mayor Daly. The Planning Commission looked at this project in great detail. He is anxious to see some activity on that corner. They have waited a long time for a viable development. He has some qualms about the car wash and believes it is less than ideal that beer and wine is necessary to make the project pencil out economically. The speakers have pointed out that downtown needs more business activity and services at night. Because of the availability of beer and wine at Van's and Savan, he does not believe there is harm in granting one more location for only beer and wine. There are many limitations placed on the sale of beer and wine including strict hours of sale. The Police Department has reviewed this and are comfortable with it with the restrictions. He would prefer other uses but he does not think there are other uses for the property. The community does not profit by having the land continue to sit vacant. He believes a service station will be helpful to the heart of the City because there are no others in the area. He is comfortable supporting this project. Council Member Zemel. He is supporting the project because the development of the property will help with the homeless situation. It will create a new environment which will keep undesirables out. This will be positive and he is ready to go forward. Mayor Daly asked if there is a tie vote, may Council Member Tait vote; City Attorney White answered, no. He then briefed the Council on the rule that governs that circumstance (Sec. 3, para. d.). He also explained, for purposes of clarification, why the Council is now involved in making the determination of Public Convenience and Necessity. ENVIRONMENTAL IMPACT REPORT - MITIGATED NEGATIVE DECLARATION: On motion by Mayor Daly, seconded by Council Member Zemel, the City Council does hereby approve a Mitigated Negative Declaration on the subject project and accompanying Mitigation Monitoring Program pursuant to Section 21081.6 of the Public Resources Code on the basis that the Planning Commission/City Council has considered the proposal with the Mitigated Negative Declaration and accompanying Monitoring Program, together with any comments received during the public review process and further finding on the basis of the Initial Study that there is no substantial evidence that the project will have a significant effect on the environment. Council Member Tait abstained. (Temporally absent). MOTION CARRIED. 29 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 Mayor Daly offered Resolution No. 97R-137 for adoption. Refer to Resolution Book. RESOLUTION NO. 97R-137: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3939. Roll Call Vote on Resolution No. 97R-137 for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Zemel, Daly NOES: MAYOR/COUNCIL MEMBERS: Lopez TEMP. ABSENT: MAYOR/COUNCIL MEMBERS: Tait (abstained) The Mayor declared Resolution No. 97R-137 duly passed and adopted. Mayor Daly offered Resolution No. 97R-138 for adoption. Refer to Resolution Book. RESOLUTION NO. 97R-138: 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 301 SOUTH ANAHEIM BOULEVARD, ANAHEIM, CALIFORNIA (APPLICATION NO. 97-09). Roll Call Vote on Resolution No. 97R-138 for adoption: AYES: NOES: TEMP. ABSENT: MAYOR/COUNCIL MEMBERS: McCracken, Zemel, Daly MAYOR/COUNCIL MEMBERS: Lopez MAYOR/COUNCIL MEMBERS: Tait (abstained) The Mayor declared Resolution No. 97R-138 duly passed and adopted. A22. 105: BOARDS/COMMISSIONS-APPOINTMENT/REAPPOINTMENT TO TERMS EXPIRING JUNE 30, 1997: Continued from the meeting of July 8, 1997, Item A32. (a) BUDGET ADVISORY COMMISSION FOR NEW TERMS EXPIRING JUNE 30, 2001: (Brewer, Kennedy) Mayor Daly. He suggests that the Council try to accomplish the routine appointments that may exist. It may be appropriate to continue some but act on as many as possible. He is requesting a two-week continuance on (a) appointments to the Budget Advisory Commission; City Clerk Sohl noted that it would have to be three weeks since there is no meeting scheduled in two weeks. MOTION. Mayor Daly then instead moved for a one-week continuance on appointments to the BAC. Council Member McCracken seconded the motion. MOTION CARRIED. (b) At the meeting of July 8, 1997, Item A32, the City Council directed the City Attorney to prepare an ordinance creating one seven-member consolidated Redevelopment/Housing Commission with two Tenant Members. 3O ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 Council Member Zemel. On this item (b), the Council acted in his absence. He asked if the Redevelopment Commission is to be temporarily disbanded, rather than having to go through the reappointment process that the commissioners be continued in their existing terms and merely add Tenant Members to the Redevelopment Commission. It would avoid reseating. City Attorney White. The ordinance was drafted toward actually appointing seven new members which would include two tenant members one of which would have to be 62 years of age or older. There is nothing to prohibit the Council from reappointing to any of those positions any commissioners currently serving. They are disbanding two existing and creating a new one. In order to do so, they have to make appointments to all seven but could appoint those serving. Council Member Zemel. His suggestion is keeping the Redevelopment Commissioners intact and adding two Tenant Members. Mayor Daly. Until the new ordinance takes effect, he asked if the existing members still continue; City Attorney White. Both would continue until this is in effect. Council Member Zemel. Once the ordinance is in place, the members would immediately be unseated; City Attorney White answered that was correct. Council Member Zemel stated that is what he is trying to avoid. He thereupon moved to direct the City Attorney to redraft the proposed ordinance to be introduced with the provision that the five existing Redevelopment Commissioners be seated on the new commission in their existing terms. Before further action was taken, Mayor Daly stated he will speak against the motion. It is "firing" the existing Housing Commissioners and appointing all five Redevelopment Commissioners which is just as political as appointing persons to the newly combined commission. There will be an opportunity for Council Member Zemel to make his motion at a future time to take all five Commissioners and put them on a new commission. It is the same process either way. He is suggesting that it is not fair to the existing Housing Commissioners to be displaced in that fashion. Council Member Zemel. The Mayor might be bringing up a good point. He asked if there was a second to his motion; since there was no second, the motion died. Mayor Daly offered Ordinance 5607 for first reading. Refer to Ordinance Book. ORDINANCE NO. 5607: (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM DISSOLVING THE ANAHEIM REDEVELOPMENT COMMISSION AND THE ANAHEIM HOUSING COMMISSION, AND CONCURRENTLY CREATING AND ESTABLISHING THE ANAHEIM REDEVELOPMENT AND HOUSING COMMISSION. (c) COMMUNITY SERVICES BOARD FOR NEW TERMS EXPIRING JUNE 30, 2001: (Tafolla, Machiaverna, and two vacancies - Crow 6/30/98, and Engelbrecht 6/30/2000) Council Member Zemel moved to reappoint John Machiaverna to the Community Services Board and nominated John Karezynski who lives in west Anaheim, a young man who is ready to do some good and he would like to give him the opportunity to serve. Council Member McCracken nominated Esther Wallace, also a resident of west Anaheim and actively involved in the West Anaheim Neighborhood Development group and also Frank Ramirez who is also active in the community and served on the BAC and was unseated when it was restructured. 31 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 Mayor Daly nominated Patsy Tafolla. On motion by Mayor Daly seconded by Council Member Zemel, nominations were closed. MOTION CARRIED. The nominees were then voted on in the order in which they were nominated as follows: Machiaverna, Karezynski, Wallace, Ramirez, Tafolla. Before voting, discussion followed with the City Attorney clarifying the procedure for voting on the nominees noting that three different terms are involved; it was determined and confirmed that the nominees would be voted on in order and the four successful nominees would fill the slots in order as well. Roll Call Vote - Roll Call Vote - Roll Call Vote - Roll Call Vote - Roll Call Vote - John Machiaverna John Karezynski - Esther Wallace - Ayes: Frank Ramirez - Ayes: Patricia Tafolla - Ayes: - Ayes: McCracken, Tait, Zemel, Lopez, Daly Ayes: McCracken, Tait, Zemel - No: Lopez - Abstained: Daly McCracken, Tait, Zemel, Lopez, Daly McCracken, Lopez, Daly- Abstained: Tait, Zemel McCracken, Tait, Lopez, Daly - Abstained: Zemel City Attorney White. Mr. Karezynski and Ramirez are tied for the final seat. Another vote will be necessary on both. Roll Call Vote - John Karezynski - Ayes: Tait, Zemel - No: McCracken, Lopez Abstained: Daly Roll Call Vote - Frank Ramirez - Ayes: McCracken, Lopez, Daly - Abstained: Tait, Zemel City Attorney White. Mr. Ramirez was thereby appointed to the Community Services Board. The results of the above nominations/voting is as follows: John Machiaverna was reappointed to the CSB for the term ending 6/30/2001 Esther Wallace was appointed to the CSB for the term ending 6/30/2001 Patricia Tafolla was reappointed to the CSB for the term ending 6/30/2000 Frank Ramirez was appointed to the CSB for the term ending 6/30/1998 (d) PLANNING COMMISSION FOR NEW TERM EXPIRING JUNE 30, 2001: (Messe, Boydstun) Mayor Daly nominated Phyllis Boydstun; Council Member Lopez nominated Robed Napoles; Council Member Tait nominated Emmanuel Jalandoni. On motion by Mayor Daly, seconded by Council Member Lopez, nominations were closed. MOTION CARRIED. Nominees were then voted on in the order in which they were nominated. Roll Call Vote - Phyllis Boydstun - Ayes: McCracken, Tait, Zemel, Lopez, Daly 32 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 Roll Call Vote - Robed Napoles - Ayes: McCracken, Lopez, Daly - Abstained: Tait, Zemel Roll Call Vote - Emmanuel Jalandoni - Ayes: Tait, Zemel - No: McCracken, Lopez Abstained: Daly Phyllis Boydstun was thereupon reappointed to the City Planning Commission for the term ending June 30, 2001 and Robed Napoles was appointed for the term ending June 30, 2001. (e) PUBLIC UTILITIES BOARD FOR NEW TERM EXPIRING JUNE 30, 2001: (Kirker, Stanton, and Wiseman) Council Member Zemel nominated Tom Kirker; Council Member Tait nominated Thomas Roche; Council Member McCracken nominated Dale Stanton; Mayor Daly nominated Ward Wiseman. On motion by Council Member Zemel seconded by Mayor Daly, nominations were closed. MOTION CARRIED. Council Member Zemel. He noted that Mr. Kirker, Stanton and Wiseman are existing Board Members. He asked the years they were originally appointed. City Clerk Sohl. Mr. Kirker was appointed on November 1, 1996, Mr. Stanton, September 5, 1976, and Dr. Wiseman, September 1, 1992. Nominees were then voted on in the order in which they were nominated. Roll Call Vote - Tom Kirker - Ayes: McCracken, Tait, Zemel, Lopez, Daly Roll Call Vote - Thomas Roche - Ayes: Tait, Zemel - No: Lopez - Abstained: McCracken, Daly Roll Call Vote - Dale Stanton - Ayes: McCracken, Lopez, Daly - Abstained: Tait, Zemel Roll Call Vote - Ward Wiseman - Ayes: McCracken, Tait, Lopez, Daly - Abstained: Zemel Tom Kirker, Dale Stanton and Ward Wiseman were thereupon reappointed to the Public Utilities Board for the terms ending June 30, 2001. (f) SENIOR CITIZENS COMMISSION FOR NEW TERMS EXPIRING JUNE 30, 2000: (Baldwin, Green, and Sharer) Mr. Don Baldwin was previously reappointed to the Senior Citizens Commission for the term ending June 30, 2000. Council Member McCracken nominated Charles Wilson and Howard Jones. On motion by Mayor Daly seconded by Council Member Zemel, nominations were closed. MOTION CARRIED. MOTION: Mayor Daly moved to appoint Charles Wilson and Howard Jones to the Senior Citizens Commission for the terms ending June 30, 2000. Council Member Zemel seconded the motion. MOTION CARRIED. 33 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 A23. 114: APPOINTMENT TO THE ORANGE COUNTY REGIONAL AIRPORT AUTHORITY: Appointment of an elected official to the Orange County Regional Airport Authority. Mayor Daly. The Authority meets this coming Thursday in Garden Grove. He is interested in serving on the board especially since it coincides with his service on the El Toro Citizens Advisory Committee. Council Member Tait nominated Mayor Daly. On motion by Council Member Zemel seconded by Council Member Tait, nominations were closed. MOTION CARRIED. Mayor Daly was thereupon appointed to the Orange County Regional Airport Authority. ITEMS B1 - B13 FROM THE PLANNING COMMISSION MEETING OF JUNE 23, 1997: INFORMATION ONLY -APPEAL PERIOD ENDS JULY 15, 1997: B1. 179: VARIANCE NO. 4301, AND NEGATIVE DECLARATION: OWNER: WILLIAM C. TAORMINA AND VINCENT C. TAORMINA, P.O. Box 309, Anaheim, CA 92815-0309 AGENT: RICHARD B. WINN, P.O. Box 309, Anaheim, CA 92815-0309 LOCATION: 1070-1090 North Blue Gum Street. Property is 1.2 acres located at the southeast corner of La Palma Avenue and Blue Gum Street. Waivers of minimum landscaped setback adjacent to an arterial highway (La Palma Avenue) and a freeway frontage road (La Mesa Avenue), permitted encroachments into required yards and minimum parking lot landscaping, to construct a private off-site employee parking lot for a regional material recovery facility, an adjacent aluminum parts manufacturer, and temporary CaI-Trans employee/contractor parking. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4303 GRANTED (PC97-76) (6 yes votes, 1 absent). Approved Negative Declaration. B2. 179: CONDITIONAL USE PERMIT NO. 3937, AND NEGATIVE DECLARATION: OWNER: RALPH E. SLAYTON AND LEILA LOUISE SLAYTON, 2166 West Broadway, Anaheim, CA 92801 AGENT: MIR SHABHAR ALI, 5532 Woodruff Avenue, #192, Lakewood, CA 90713 LOCATION: 2664 West Lincoln Avenue. Property is 0.49 acre located at the southwest corner of Lincoln Avenue and Stinson Street. To establish a 705 square foot produce market in a vacant store located within an existing commercial retail center. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3937 GRANTED (PC97-77) (6 yes votes, 1 absent). Approved Negative Declaration. 34 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 B3. 179: CONDITIONAL USE PERMIT NO. 3606, AND NEGATIVE DECLARATION: OWNER: LEDERER ANAHEIM LTD, Attn: Les Lederer, 1990 Westwood Boulevard, Los Angeles, CA 90025 AGENT: ANAHEIM INDOOR MARKETPLACE, Attn: Robert Weiss, 1440 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 1440 South Anaheim Boulevard - Anaheim Indoor Marketplace. Property is 14.74 acres located north and east of the northeast corner of Cerritos Avenue and Anaheim Boulevard. To request amendment or deletion of a condition of approval pertaining to the time limitation of an existing restaurant with sales of beer and wine for on-premises consumption. [Note: This request was inadvertently advertised as sales of alcoholic beverages for on-premises consumption.] ACTION TAKEN BY THE PLANNING COMMISSION: Approved amendment to conditions of approval for CUP NO. 3606, to expire 4/22/01 (PC97-78) (5 yes votes, 1 absent, and 1 abstained). Negative Declaration previously approved. B4. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3925, AND EIR NO. 313: OWNER: PATRICIA R. DURAND, GRACE ELAINE LINDSEY, AND CARMAN MARIE SCALZO, c/o Carman M. Baird, 52 Canfield Avenue, Ft. Morgan, CO. AGENTS: S&J VENTURES, c/o Chris Storm, 3175 Kluk Lane, Riverside, CA 92501; and ABED ELHAJ, c/o IHOP Restaurant, 1560 South Harbor Boulevard, Anaheim, CA 92802 LOCATION: 1560 South Harbor Boulevard - IHOP Restaurant. Property is 0.66 acre, located 788 feet north of the centerline of Freedman Way. To permit a semi-enclosed restaurant including an outdoor dining (patio) area with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3925 GRANTED (PC97-79) (6 yes votes, 1 absent). Approved waiver of code requirement. Approved previously certified EIR NO. 313. Items B5 - B8 are City initiated actions and are not associated with any pending development projects. B5. 179: RECLASSIFICATION NO. 96-97-08 AND NEGATIVE DECLARATION: INITIATED BY: CITY OF ANAHEIM, PLANNING DEPARTMENT, 200 South Anaheim Boulevard, Anaheim, CA 92805 OWNERS: DANIEL J. ALLEC TRUST, 2657 Shadow Canyon Circle, Norco, CA 91760 (Re: 2004 East Lincoln Avenue) CALIFORNIA/ORANGE ENTERPRISES, INC., 855 2nd Street SW, Suite 3800, Calgary, Alberta, Canada T2P4J (Re: 2006 East Lincoln Avenue) STATE OF CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM, Attn: Mike Dire, Lincoln Plaza, 400 "P" Street, Sacramento, CA 95814 (Re: 230,232,234,240,244,246 and 248 South State College Boulevard). LOCATION: 2004 and 2006 East Lincoln Avenue and 230,232,234,236,240,244,246 and 248 South State Colleqe Boulevard. Property is 0.52 acre, located 100 feet east of the centerline of State College Boulevard. City-initiated request for reclassification of this property from the RS-A-43,000 (Residential/Agricultural) and the CG (Commercial, General) Zones to the CL (Commercial, Limited) Zone. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 96-97-08 GRANTED, unconditionally, (PC97-80) (6 yes votes, 1 absent). Approved Negative Declaration. 35 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 B6. 134: GENERAL PLAN AMENDMENT NO. 346 AND NEGATIVE DECLARATION: INITIATED BY: CITY OF ANAHEIM, PLANNING DEPARTMENT, 200 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 2131-2211 East La Palma Avenue. Property is 3.82 acres located 740 feet east of the centerline of State College Boulevard. City-initiated amendment to the Land Use Element of the General Plan to redesignate this property from the existing General Commercial land use designation to the Medium Density Residential land use designation. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended approval of GPA NO. 346, Exhibit A, to the City Council (PC97-81) (6 yes votes, 1 absent). Approved Negative Declaration. To be set for a public hearing before the City Council. This item will automatically be set for a Public Hearing since the Planning Commission does not have the final authority to approve a General Plan Amendment. B7. 134: GENERAL PLAN AMENDMENT NO. 347 AND NEGATIVE DECLARATION: INITIATED BY: CITY OF ANAHEIM, PLANNING DEPARTMENT, 200 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 726-810 South State College Boulevard. Property is 3.73 acres located south and east of the southeast corner of South Street and State College Boulevard. City-initiated amendment to the Land Use Element of the General Plan to redesignate this property from the existing Low Density Residential land use designation to the General Commercial land use designation. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended approval of GPA NO. 347, Exhibit A, to the City Council (PC97-82) (6 yes votes, 1 absent). Approved Negative Declaration. This item will automatically be set for a Public Hearing since the Planning Commission does not have the final authority to approve a General Plan Amendment. B8. 134: GENERAL PLAN AMENDMENT NO. 348 AND NEGATIVE DECLARATION: INITIATED BY: CITY OF ANAHEIM, PLANNING DEPARTMENT, 200 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 2035-2145 East Ball Road. Property is 5.25 acres located 300 feet east of the centerline of State College Boulevard. City-initiated amendment to the Land Use Element of the General Plan to redesignate this property from the existing Low-Medium Density Residential land use designation to the General Commercial land use designation. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended approval of GPA NO. 348, Exhibit A to the City Council (PC97-83) (6 yes votes, 1 absent). Approved Negative Declaration. This item will automatically be set for a Public Hearing since the Planning Commission does not have the final authority to approve a General Plan Amendment. 36 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 B9. 179: CONDITIONAL USE PERMIT NO. 3942 AND NEGATIVE DECLARATION: OWNER: RONALD P. BEARD, TRUSTEE OF THE RONALD P. BEARD TRUST, 5120 Birch Street, #100, Newport Beach, CA 92660 LOCATION: 808 West Lincoln Avenue - Winston Tire. Property is 0.37 acre located south and west of the southwest corner of Lincoln Avenue and Citron Street. To retain an automotive repair facility. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3942 GRANTED (PC97-84) (6 yes votes, 1 absent). Approved Negative Declaration. B10. 179: CONDITIONAL USE PERMIT NO. 3943 AND NEGATIVE DECLARATION: OWNER: NORMAN AND BEVERLY PESICKA, 24528 Sunshine Drive, Laguna Niguel, CA 92677 LOCATION: 524 West Lincoln Avenue - Goodyear Tires. Property is 0.26 acre located approximately 300 feet west of the centerline of Harbor Boulevard. To retain an automotive repair facility. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3943 GRANTED (PC97-85) (6 yes votes, 1 absent). Approved Negative Declaration. Bll. 178: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3945 AND NEGATIVE DECLARATION: OWNER: SANDERSON J. RAY DEVELOPMENT, 2699 White Road, Irvine, CA 92714 AGENT: ROBERT ENGEN, 701 South Parker Street, Suite 1000, Orange, CA 92868 LOCATION: 1320 East Sanderson Avenue. Property is 1.56 acres located at the southwest corner of Sanderson Avenue and Phoenix Club Drive. To establish a church and elementary school for up to 49 children within an existing 12,400 square foot office building with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3945 GRANTED (PC97-86) (6 yes votes, 1 absent). Approved waiver of code requirement. Approved Negative Declaration. Council Member McCracken requested a review of the Planning Commission's decision concurred in by Council Member Lopez. Therefore, a Public Hearing will be scheduled at a later date. REPORT AND RECOMMENDATION ITEMS. B12. 179: CONDITIONAL USE PERMIT NO. 3876 - REQUEST FOR SUBSTANTIAL CONFORMANCE AND NEGATIVE DECLARATION: Unitarian Church, 511 South Harbor Boulevard, Anaheim, CA 92805 LOCATION: 511 South Harbor Boulevard. Petition requests determination of substantial conformance to construct a 144 square foot courtyard for a previously approved church. ACTION TAKEN BY THE PLANNING COMMISSION: Determined that CUP NO. 3876 is in substantial conformance. Negative Declaration previously approved. 37 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 B13. 179: CONDITIONAL USE PERMIT NO. 3838 - REQUEST FOR CLARIFICATION OF CONDITION OF APPROVAL, AND NEGATIVE DECLARATION: Fullmer Construction, 1725 South Grove Avenue, Ontario, CA 91761-4530, LOCATION: Property is located at the northeast corner of Kraemer Boulevard and Coronado Street. Petitioner requests clarification of a condition of approval pertaining to trees in the public right-of- way. ACTION TAKEN BY THE PLANNING COMMISSION: Determined that the property owner shall remove the trees, construct a new sidewalk according to City standards and pay a street tree fee in an amount set by the City Council resolution for the City to plant trees within the parkway - CUP NO. 3838. Negative Declaration previously approved. END OF THE PLANNING COMMISSION ITEMS. B14. 155: ORDINANCE NO. 5603: (ADOPTION) amending Ordinance No. 5110 relating to the Anaheim Hills Festival Specific Plan No. 90-01 (Amendment No. 2) to correct the name of the Specific Plan only. (Introduced at the meeting of June 17, 1997, Item B17, and continued from the meeting of July 8, 1997, Item B3.) Adoption of the ordinance was continued one week due to a tie vote. Upon questioning by Council Members McCracken and Zemel, Mayor Daly asked the City Attorney to explain the process that brought the proposed ordinance to the Council. City Attorney White. There was an inadvertent mistake made in the ordinance and the name given in the title of the ordinance was Disney Resort Specific Plan rather than the correct name which is Anaheim Hills Festival. These are two different Specific Plans both of which the Council has considered. If the Council believes they are not adopting what they actually adopted and three Council Members decide they do not want to approve this, staff will go back and regroup and unravel the situation. Mayor Daly. The ordinance relating to the Anaheim Hills Festival Specific Plan implements a previous action of the City Council; City Attorney White. That is correct, regardless of the previous labelling. Mayor Daly. he surmised then that this is a procedural vote on a previous policy decision; City Attorney White agreed. Council Member McCracken. What she is hearing is that it does not make any difference what her concern is which is parking on a public street for the Anaheim Hills Festival. Mayor Daly. Is there still time to address that concern or has the time passed. City Attorney White. If the Council does not adopt the ordinance, they will have to look at the issue. Mayor Daly. This deals with the parking issue Council member McCracken is talking about. If the Council does not adopt this, the ordinance originally adopted is still in place but the name is wrong. Everything they did in the ordinance is still in place. Council Member McCracken. She has a concern relative to the contents of the ordinance. MOTION. Council Member Zemel moved to continue this item for one week. Mayor Daly seconded the motion. MOTION CARRIED. 38 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 Mayor Daly. He asked for a summary of the land-use decision that was reached, the staff recommendation and perhaps copies of the planning report submitted with the proposed amendment to the Specific Plan. Council Member McCracken. When the plan originally came to the Council, the parking issue was one that she and Council Member Lopez raised at the time. Now it comes back as an ordinance; she is against the plan for parking along Festival Drive should that ever occur. B15. 179: ORDINANCE NO. 5605: (ADOPTION) Amending Title 18 to rezone property under Reclassification No. 96-97-07 located at 1380 East Sanderson Avenue from the ML zone to the CL zone. (Introduced at the meeting of July 8, 1997, Item B4.) Mayor Daly offered Ordinance No. 5505 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5605: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 96-97-07 LOCATED AT 1380 EAST SANDERSON AVENUE FROM THE ML ZONE TO THE CL ZONE. Roll Call Vote on Ordinance No. 5505 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly None None The Mayor declared Ordinance No. 5505 duly passed and adopted. B16. 179: ORDINANCE NO. 5606: (ADOPTION) Amending Title 18 to rezone property under Reclassification No. 96-97-11 located at 1221-1271 South Phoenix Club Drive and 1321-1381 East Auto Center from the ML zone to the CL zone. (Introduced at the meeting of July 8, 1997, Item B5.) Mayor Daly offered Ordinance No. 5606 for adoption. Refer to Ordinance Book. 179: ORDINANCE NO. 5606: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 96-97-11 LOCATED AT 1221-1271 SOUTH PHOENIX CLUB DRIVE AND 1321-1381 EAST AUTO CENTER FROM THE ML ZONE TO THE CL ZONE. Roll Call Vote on Ordinance No. 5506 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly None None The Mayor declared Ordinance No. 5506 duly passed and adopted. 39 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES - JULY 15, 1997 ITEM B17 FROM THE CONTINUED SPECIAL ZONING ADMINISTRATOR MEETING OF FRIDAY, JULY 11, 1997: DECISION DATE: JULY 11, 1997 INFORMATION ONLY- APPEAL PERIOD ENDS JULY 21, 1997: B17. 151: SPECIAL EVENT PERMIT NO. 97-195 CATEGORICALLY EXEMPT, CLASS 21: OWNER: PROVEST CORP., 848 West Cesar E. Chavez Avenue, Los Angeles, CA 90012 LESSEE: RAJNI PATEL, RSP HOTELS, LLC., 1700 South Harbor Boulevard, Anaheim, CA 92802 AGENT: ANDY TE, 1700 South Harbor Boulevard, Anaheim, CA 92802 LOCATION: 1700 South Harbor Boulevard. Property is approximately 8.65 acres located on the southeast side of Harbor Boulevard and approximately 650 feet on the south side of Freedman Way (Anaheim Plaza Hotel). A Staff-initiated request to revoke or modify Special Event Permit No. 97-195 for hotel promotional event pursuant to Anaheim Municipal Code 18.02.055.080 and 18.12.085. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Modified Special Event Permit No. 97-195 which was issued for a promotional event at the Anaheim Plaza Hotel for the period of July 1, 1997, through August 5, 1997, by adding seven conditions including relocating the canopy and tables and limiting the advertising banner. C1. 123: REPORT ON CLOSED SESSION ACTIONS: City Attorney White reported that the City Council approved a Settlement Agreement and Release of Claims involving the Construction Claim of J. R. Filanc Construction Company, Inc. relating to Construction Claims for the Lenain Filtration Plant project. The vote was all Ayes. C2. COUNCIL COMMENTS: There were no comments. ADJOURNMENT: By general Council consent, the City Council Meeting of July 15, 1997 was adjourned (10:52 P.M.). LEONORA N. SOHL CITY CLERK 4O