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1997/11/04ANAHEIM, CALIFORNIA- CITY COUNCIL MINUTES NOVEMBER 4, 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, Lou Lopez COUNCIL MEMBERS: Bob Zemel CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann M. Sauvageau PUBLIC UTILITIES GENERAL MANAGER: Ed Aghjayan STADIUM/CONVENTION CENTER GENERAL MANAGER: Greg Smith EMERGENCY SERVICE COORDINATOR: Bob Berg CIVIL ENGINEER - DEVELOPMENT SERVICES: Natalie Meeks PLANNING DIRECTOR: Joel Fick A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:10 p.m. on October 31, 1997 at the City Hall Kiosk, containing all items as shown herein. Mayor Pro Tern Lou Lopez opened the workshop portion of the meeting and welcomed those in attendance. City Manager, James Ruth. He introduced the first workshop today on Strategic Options for the City's Public Utility. Mr. Ed Aghjayan, the Public Utilities General Manager will make the presentation. 175: STRATEGIC OPTIONS FOR THE PUBLIC UTILITY: Mr. Ed Adhjayan, Public Utilities General Manager first announced other principals who were present in the Chamber audience regarding this item, one being Mr. Ken Melior of R. W. Beck who conducted the study working with Morgan Stanley. Mr. Melior is present to answer any questions. Mayor Daly entered the Council Chamber (3:12 P.M.). Mr. Aghjayan then gave a detailed presentation supplemented by (Power Point) digital slides, hard copies of which were submitted to the Council. (See - Electric Utility Strategic Options Project - Phase One Report - November 4, 1997 - made a part of the record). Areas covered were: Summary Recommendations which included the issuance of a Request for Proposals (RFP) covering power supply, beyond the meter services and sale of all or part of the Public Utility (electric services); Project Review (i.e., first phase - market valuation of assets, alternatives for maximizing values, governance and structure issues, alternatives for a strategic alliance, competitive strategies and opportunities; the effect of competition, (open to competition -- energy portion, about 2.5 cents/kwh, i.e., a customer looking for a competitive price has only 2.5 cents to deal with. Until the CTC (Competitive Transition Charge) goes away in 2002, this is all that is available to work with); Anaheim's Transition Energy Cost Components (see pie chart page 6 of submittal); Southern California Edison Transition Energy Cost Components, the areas studied (power supply, enhance services - technology and beyond the meter, opportunities for sale of all or part of the system, governance, operate distribution system only, status quo-no new initiatives); Power Supply Situation; Enhanced Services-Technology Solutions; provide an opportunity (in the RFP) for sale of all or part of the system; Governance Issues; what the status quo option entails; Consultant's Recommendations for Phase One; Guiding Principles for RFP Evaluation Process; Phase Two Deliverables/Timetable; and Summary Recommendations. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES NOVEMBER 4, 1997 During and at the conclusion of Mr. Aghjayan's presentation, questions were posed by Council Members which were answered by Mr. Aghjayan and/or Ken Meller, R.W. Beck, as well as members of the Utilities staff. Council Member McCracken. She noted that a number of people from the community were present and for their information, she wanted to confirm that since the City's Public Utilities Company was established by Charter, if anything were to be done, it would have to go back to the people for a vote. Mr. Aghjayan confirmed that it would require a 2/3's vote of the people for either sale or lease of the Public Utilities; City Attorney White added, or any other disposition of the utility. Mayor Daly. He asked for confirmation that this issue will be back to the Council in two weeks; Mr. Aghjayan stated that was correct. Once they get the proposals back, staff is going to recommend to the Council on 11/18/97 that they extend the contract with R.W. Beck and another firm to help with the evaluation process. There will be two phases. The first will be a quantitative evaluation looking at the economic value of each of the proposals. The second phase will be a qualitative evaluation to get into the guiding principles -- what is it that is good about the Utilities that they want to maintain in the future. Certainly, one is to maintain the competitive pricing situation where rates are at or below surrounding areas. The second is to maximize the number of service related options and also, responsiveness. It will be coming to the Council for review and action on November 18, 1997. If they put out an RFP, subject to Council approval, staff will be submitting a draft of the RFP on the 18th with a response expected by the end of January, 1998. Mayor Daly. There is a Council Liaison Committee (with staff) on the subject consisting of Council Member Tait and himself. There have been two meetings thus far with one more to be held shortly. He then thanked staff and those involved for an informative presentation. 184: EL NINO PREPAREDNESS PROGRAM: City Manager Ruth. The second workshop presentation today is relative to the City's readiness and preparation for an El Nine occurrence. Roger Smith of the Fire Department will give the presentation assisted by Bob Berg, Emergency Services Coordinator. Roger Smith, Operations Division Chief, Fire Department. He is pleased to have the opportunity to present the City's Preparedness Program for a potential El Nine event. He is also the Chairperson of the El Nine Interdepartmental Task Force and several members are present today. He then referred to the booklet submitted entitled - City of Anaheim's El Nine Preparedness Program - Anaheim City Council Workshop - November 4, 1997 and briefed the material contained therein (made a part of the record). (The booklet also contained hard copies of the slides shown in Mr. Smith's presentation which were briefed in detail). Amongst the documents contained in the booklet were the following: City of Anaheim - Recommended Flood Preparation Steps for the El Nine Threat - Winter 1997, Sand Bag Policy, a list of organizations who have confirmed they would help senior citizens and handicapped citizens with sand bag placement, the Public Information Plan, the El Nine Task Force Action Items, and the memo from the City Manager regarding City-Wide El Nine Storm Preparations. Mr. Smith then gave a narrated slide presentation which covered the following: the definition of an El Nine, a graph plotting six of the strongest El Nine events vs. the current event (from 1958 to present), the size of the warm sea surface area (1 1/2 the size of the U. S. and growing) which is the main component of El Nine, the "mechanics" of an El Nine, precipitation forecast, potential impacts, what the City is doing to prepare for the possible event, actions being taken (community preparations and staff preparations), what has been done to date, the Contingency Response Plan, and action items in progress. In summary, El Nine is considered a real threat to Anaheim residents, residents and staff are taking steps now to get prepared, and preparations will be ongoing and activities increased if a storm materializes. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES NOVEMBER 4, 1997 After the presentation, questions were then posed by Council Members which were answered by Mr. Smith who relayed the following: El Nino is real and one of the slides (which was again shown) depicts where it is today and that it is expected to have an impact on local weather bringing more rain than usual. Forecasters do not know how much but perhaps a 20% chance of significant or heavy rains which will most likely occur after the first of the year if it follows the same pattern as past years. The concern is not how much rain, but the frequency and intensity between each storm. If anyone wants to volunteer, should that be necessary, they should contact Bob Berg, Emergency Services Coordinator, Disaster Preparedness - telephone 765-4083. Mayor Daly and Council Members thanked Mr. Smith for the informative presentation. 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. 1. 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. PUBLIC EMPLOYMENT PERFORMANCE EVALUATION: (1996-97 Annual Performance Review) City Manager, City Attorney, City Clerk, and City Treasurer. CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Dave Hill Employee organization: Anaheim Fire Association, AMEA, and IBEW. RECESS CLOSED SESSION: Mayor Daly moved to recess into Closed Session. Mayor Pro Tem Lopez seconded the motion. Council Member Zemel was absent. MOTION CARRIED. ( 4:03 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. (5:17 p.m.) INVOCATION: Pastor Jimmy Gaston, State College Church of Christ, gave the invocation. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES NOVEMBER 4, 1997 FLAG SALUTE: Council Member Tom Tait led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION - RECOGNIZING THE ANAHEIM SENIOR CITIZENS CLUB DONATION TO THE ANAHEIM COMMUNITY FOUNDATION: Recognizing the Anaheim Senior Citizens Club for their donation to the Anaheim Community Foundation's "Fulfilling the Dream" fundraising campaign. Mr. Chris Jarvi, Community Services Director, explained that they are in the process of building a Community Center next door (to City Hall). The building is paid for as far as the physical structure, but internal improvements, furniture and fixtures, are not yet paid for. They started a campaign in the City to raise $550,000 to fund those and have made excellent progress. Thus far, there are 35 donors from $50 to $125,000. The largest single donor is the City's own Anaheim Senior Citizens Club with a membership of 3,000. Mr. Sid Jordine, President of the Club, is present to make a special announcement and also Vicki Anderson representing the Anaheim Community Foundation. Mayor Daly. He understands Mr. Jordine will be presenting a check to Ms. Anderson; Mr. Sid Jordine, President, Anaheim Senior Citizens Club, on behalf of the Club, presented a check (large facsimile) to Ms. Anderson symbolic of the pledge to the Anaheim Community Foundation for the furniture and fixtures in the new Community Center ($50,000). Ms. Vickie Anderson. On behalf of the Anaheim Community Foundation, they greatly appreciate the $50,000 check which will be put to good use. They are very proud of what the Club has done. Chris Jarvi. The funds will be collected by the Anaheim Community Foundation and given to the City. The City, in turn, will make the purchase of the furniture and fixtures. He confirmed for the Mayor that the funds are specifically for the Senior wing of the Community Center. Mayor Daly. The entire Community Center facilities include a gymnasium, meeting rooms and other space as well as the Senior Citizen section; Mr. Jarvi confirmed that was correct and also that they are hoping to have the facility open in May, 1998. Mayor Daly. They very much appreciate the contribution of the Senior Citizens Club to that wing of the Community Center and look forward to seeing it open in May, 1998. He also thanked the Anaheim Community Foundation for all they do and for being a conduit for this contribution. 119: PROCLAMATIONS: The following Proclamations were issued by Mayor Daly and authorized by the City Council: Anaheim Senior Olympic Events Recognition Day - November 17, 1997 Key Club Week in Anaheim - November2 - 8, 1997 Reverend Harry Stief accepted the Anaheim Senior Olympic Events Proclamation and thanked the Council for their support of the Senior Olympics (50 years and up) which is hosted by Anaheim and last year in partnership with the City of Long Beach. It has now expanded to neighboring cities and has grown to where this year over 1,200 have signed up to participate. There is an overwhelming number of volunteers and sponsors who assist in this vital program. He also thanked Eleanor Fix, Community Services Supervisor (Senior Center Program), and Nancy Goetsch, Martin Luther Hospital. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES NOVEMBER 4, 1997 Mayor Daly. This is an evening to highlight how dynamic the City's senior population is. He believes the club is the largest in California if not in the U.S. Proclamations have also been prepared to thank all the sponsors involved which in part stated, "...these community event sponsors have generously provided invaluable assistance in planning the Anaheim Senior Olympic program and events." He extended their appreciation to the following sponsors and their representatives for supporting the Olympics: Aetna US Healthcare, Michelle Evans and Bob Dulude; Anaheim Senior Citizens Club, Sid Jordine; Emerald Court Retirement Apartments, Linda Toro; John Hancock Mutual Life Insurance, Linda VanDenBrink and Michael Eagan; Martin Luther Hospital/Anaheim, Nancy Goetsch and Rev. Harry Stief, SCAN Health Plan, Robert Jensen. The Key Club Week Proclamation was accepted by Burr Fink, President of the Anaheim Kiwanis Club. He was accompanied by some of the officers of Key Clubs from local schools. Mr. Fink stated that they are the largest in the world as far as Key Clubs and Kiwanis just picked up their 7th club - Cornelia Connelly High School. He emphasized that youngsters are their No. 1 priority. Council Member McCracken. She has been an advisor for the Katella High School Key Club for about three years. Mr. Fink is right, whatever needs to be done, it is amazing to see how these youngsters step right up and do it. Anaheim is well represented by the number of young people who are members of Key Clubs. They do a tremendous amount of community service. ANNOUNCEMENT: Mayor Daly first announced the reason why Council Member Bob Zemel was not present tonight was due to his recent marriage and is presently on his honeymoon but will be present at the Council's next meeting on November 18, 1997. On behalf of the Council, they wished him well and extended their congratulations. RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: 1. PROCLAMATION recognizing November 3- 14, 1997, as Anaheim Employees Charities Weeks. PROCLAMATION recognizing October 15- November 15, 1997, as Influenza Prevention Month in Anaheim. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,616,417.71 for the period ending October 31, 1997, in accordance with the 1997-98 Budget, were approved. ADDITIONS TO THE AGENDA: There were no additions to agenda items. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES NOVEMBER 4, 1997 ITEMS OF PUBLIC INTEREST: The following people spoke for or on behalf of the AMEA (Anaheim Municipal Employees Association) and the Hotel and Restaurant Workers Local 681 and their comments summarized: Peter Healy, President, AMEA. He stated he is present today because he would like to be able to apologize for what has been happening in labor contract negotiations between AMEA and the City with the honorable and honest thing being to face the fact that several very counter-productive and unprofessional things have been done during the 15 months they have been at the negotiating table. He then gave a list of all the things he was apologizing for at the conclusion of which he stated, as much as he would like to be able to apologize for the manner of negotiating he just highlighted, he is not in a position to do so since everything he has described has been done by the Council and the City's management negotiators and it is only Council Members in the majority on the Council who are in a position to face up to the situation and right these wrongs. Mayor Daly. He (Healy) has been a very dignified spokesperson for AMEA and he encouraged him to continue negotiating in earnest with the City's management team. Lee Ann Cameron, speaking on behalf of AMEA and in particular on behalf of Police and Fire communications and various support personnel, a group of highly trained individuals who are always in the forefront dealing with society's emergencies. She explained the important role they play and what they do on a daily basis. They are very proud to serve in a profession that allows them to serve their fellow human beings. Every year they stand before the Council and get Proclamations during National Telecommunications Week. The words of praise are good for the soul but do not provide for the more basic needs of food, clothing and shelter for their families. She urged the Council to show their appreciation in those ways. If they continue to ignore their pleas and leave them behind, not only will they be trailing their peers in the community, but it will directly affect the hiring of qualified personnel within the City. Talented individuals are seeking employment elsewhere. The citizens of Anaheim deserve better than this. Mayor Daly. He encouraged that they continue negotiating with the City Manager and the other management negotiators. He appreciates their patience and attitude of trying to find a solution. Nick Beradino, Orange County Employees Association, appearing on behalf of the AMEA. He named the groups of employees involved and all the things they do for the City. They keep the City going on a daily basis and they have been working without a contract for one year. They have done everything possible to reach an accord and while they have done so, they have not stopped working. AMEA bargaining units in the City have the highest concentration of women and minorities and they are paid below the average of their counterparts in other public jurisdictions. There have been tremendous social impacts. It is time for the Council to treat these dedicated employees fairly and to respect their dignity as working men and women and to recognize their achievements and contributions to the City and make a fair offer and get a new contract. Bill Fogerty, Executive Secretary/Treasurer, Orange County Central Labor Council, AFL/CIO. He also elaborated on the employees involved and for whom he is speaking and all the things they do. His union is the Hotel and Restaurant Employees Local 681. What brings all these workers together is a piece of paper -- a memorandum of understanding - a bargaining agreement - a union contract. On behalf of those members and on behalf of the City's Firefighters, Utilities workers and municipal employees, they all agree that the City and its bargaining units need to sit down and hammer out a contract. It is about treating employees with dignity and respect and compensating them fairly and justly. He encouraged good faith bargaining. Mayor Daly. He thanked Mr. Fogerty noting they will keep his comments in mind and appreciate his taking the time to address the Council. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES NOVEMBER 4, 1997 Angela Keefe, Hotel and Restaurant Workers Union, Local 681. She has something a little different to talk about but she is seeing a theme which is a problem in the City of Anaheim addressing the needs of the working men and women in the City both in the public and private sector. Today, over 60 members of Local 681 and their labor and community supporters requested that the City Manager release information on the Sportstown development and respond to the Union's proposals submitted in June to insure this development includes quality jobs for Anaheim area workers. She then elaborated on the issue. Members of Local 681 were willing to risk arrest today in order to fight for decent jobs for the future of Anaheim. City workers are present tonight standing up for themselves and for their families. Working people in the City are displaying their courage every day. Their leaders (the Council) should display the same kind of courage. It is time to negotiate a decent agreement with all the City unions with outstanding labor disputes and to deal forthrightly and honestly with their union on the issue of Sportstown jobs. Mayor Daly. They will have more information on Sportstown as the negotiation proceeds. Typical of most development projects, a lot of detail is not presently known. He appreciates the time she has taken to address the Council. Tim Hainline, AMEA Board of Directors representing 70 members of the Streets and Sanitation Division. Contract discussions between management and labor seem to be going nowhere. AMEA, IBEW and the Firefighters represent 75% of the City's work force. He questioned why, in his opinion, do they continue to treat them like third-class employees. The just want to be offered a contract that is fair to the City as well as employee labor groups. He reminded the Council that during emergencies, it is these employees they look to just as they will do if there is an El Nino emergency. PUBLIC COMMENTS - AGENDA ITEMS: There were no public comments on City Council Agenda items. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of November 4, 1997. Council Member Lopez seconded the motion. Council Member Zemel was absent. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A14: On motion by Mayor Daly, seconded by Mayor Pro Tem Lopez, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Mayor Daly offered Resolutions Nos. 97R-203 through 97R-205, both inclusive, for adoption. Mayor Daly offered Ordinance No. 5624 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 Alicia Arechiga Gonzales c/o Richard A. Nyznyk, Esq. for bodily injury sustained purportedly due to actions of the City on or about June 9, 1997. b. Claim submitted by Timberline Gas Longs, Inc. c/o Tamara Geist, Esq. for Indemnity Purportedly arising due to actions of the City on or about April 19, 1996. (Main Action: Robert Houley vs. City of Anaheim OCSC No. 77 64 58) ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES NOVEMBER 4, 1997 c. Claim submitted by Walter C. Hale for property damage sustained purportedly due to actions of the City on or about October 9, 1997. A2. 128: Receiving and filing the Monthly Financial Analysis for two months ended August 31, 1997, as presented by the Finance Director. 105: Receiving and filing minutes of the Anaheim Private Industry Council meeting held August 28, 1997. A3. 158: Approving the Acquisition Agreement for real property at 1750 South Ivanhoe Street (R/W 5220-4) Katella Avenue Smart Street Improvements Project; authorizing the Mayor and City Clerk to execute said Agreement; and authorizing the acquisition payment of $167,000 to Grover Escrow. A4. 123: Approving an Agreement between the City of Anaheim and the Anaheim Transportation Network for $189,473 to develop and implement new transportation demand management programs; and amending Department of Public Works 1997-98 revenues and expenditures by $189,473. A5. 123: Approving an Agreement with Southern California Edison Co. for replacement of overhead facilities with underground electrical facilities (Katella Avenue from Anaheim Boulevard/Haster Street to 660' w/o Harbor Boulevard. A6. 158: RESOLUTION NO. 97R-203: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL PROPERTIES OR INTERESTS THEREIN TO THE CITY. A7. 107: To consider authorizing staff to take the necessary steps to relocate the Mother Colony House from its present location at 414 North West Street to a site in downtown at the corner of Olive and Center Streets. (Community Services and Community Development.) (Continued from the meeting of October 7, 1997, Item A16.) City Manager Ruth. Staff is withdrawing this item. Mayor Daly asked when this might be coming back to the Agenda. City Manager Ruth. He explained that the adjacent property owner to the Mother Colony House at its existing location is now interested in selling and there might be a possibility of negotiating an acquisition. Mayor Daly. He surmised then, that this may not be back for a while; City Manager Ruth confirmed that was correct. A8. A9. 135: Approving the request from the Anaheim Chamber of Commerce for special rate consideration for its annual golf tournament. 153: RESOLUTION NO. 97R-204: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE GENERAL TRUCK DRIVERS UNION, LOCAL 952, AND THE CITY OF ANAHEIM (RELATING TO THE EFFECTS/IMPACTS OF THE CITY OF ANAHEIM NOT BEING SELECTED FOR THE PARKING CONCESSION WITH ANAHEIM SPORTS, INC.). ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES NOVEMBER 4, 1997 AIO. 142: ORDINANCE NO. 5624: (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTIONS 1.14.010, 1.14.020 AND 1.14.030 TO CHAPTER 1.14 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE ACCEPTING THE PENAL CODE REQUIREMENTS RELATING TO THE SELECTION AND TRAINING STANDARDS OF PUBLIC SAFETY DISPATCHERS. All. 166: RESOLUTION NO. 97R-205: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 94R-240 (ANAHEIM RESORT NONCONFORMING SIGNAGE PROGRAM). 166: Approving revisions to the Program Participation Agreement Form to reflect said amendments. Mayor Daly. Staff deserves a great deal of credit for achieving such success with the signage program in the resort area. The recommendation to expand that program to beautify more properties is an excellent idea. He commended staff for getting the job done. He has heard a lot of favorable comments. The recommendation is to add additional streets to the signage program. A12. A13. A14. 123: Approving an Agreement with AKM Consulting Engineers, Inc., in an amount not to exceed $105,848 to provide engineering services for the Santa Ana Street/Sycamore Street Water Main Replacement and Relining Project; and authorizing the Public Utilities General Manager on behalf of the City to execute said Agreement, and any other related documents necessary to complete the Project. 123: Approving the Assignment of Rights Under Written Contract in a Reimbursement Agreement from Virginia Schumacher to First California Capital Markets Group, Inc., (FCCMG) and then from FCCMG to Thelma Kanawyer, Trustee FBO Thelma M. Kanawyer Living Trust U/A DTD 11/2/89. 114: Approving minutes of the Anaheim City Council meeting held October 21, 1997. Roll Call Vote on Resolution Nos. 97R-203 throuqh 97R-205, both inclusive, for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Lopez, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: Zemel The Mayor declared Resolution Nos. 97R-203 through 97R-205, both inclusive, duly passed and adopted. Ordinance No. 5624 was introduced. END OF CONSENT CALENDAR. MOTIONS CARRIED. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES NOVEMBER 4, 1997 A15. (a) (b) 121: CONDEMNATION HEARINGS - 100 AND 101 W. KATELLA AVENUE: To consider the adoption of the following resolutions finding the 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. RESOLUTION NO. 97R-206: 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 101 WEST KATELLA AVENUE, FOR THE PURPOSES OF CONSTRUCTING ROADWAY IMPROVEMENT (R/W 5180-38). RESOLUTION NO. - .... 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 100 WEST KATELLA AVENUE, FOR THE PURPOSES OF CONSTRUCTING ROADWAY IMPROVEMENT (R/W 5180-47). Council Member Tait. He declared a conflict on item (b), the property located at 100 W. Katella Avenue and, therefore, will be abstaining from discussion and voting. City Attorney White. In that event, it is necessary to continue the item to the next scheduled meeting because passage of the resolution will require four affirmative votes and a full Council is not present today. MOTION. Mayor Daly moved to continue the Condemnation Hearing on the property at 100 W. Katella Avenue to November 18, 1997. Council Member Tait abstained. Council Member Zemel was absent. MOTION CARRIED. Mayor Daly. This is the time and place for the hearing on proposed acquisition of property by eminent domain in connection with the Katella Avenue Smart Street and the Anaheim Resort Area Improvement and Beautification Program. The property involved is identified as item (a) under Agenda Item A15. The property interests proposed to be acquired for the property is legally described in the resolution attached to the staff report dated October 20, 1997. He asked for a staff presentation on the proposed acquisition. Natalie Meeks, Public Works/Development Services Manager. The resolution on tonight's agenda is for acquisition of right of way for the Katella Smart Street Project. Funding for the project became available through OCTA and Resort Area Bonds. Staff has been in negotiation with the property owner but to date have been unable to obtain an executed acquisition agreement. Staff recommends adoption of the resolution but will continue to work with the property owner. Adoption of the resolution will allow construction to begin as scheduled next year and any delay could jeopardize funding for the project. Mayor Daly. In conducting the Public Hearing, testimony will be taken from the owner of record or a designated representative for the property. 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. (5) Whether the City has met all other prerequisites to the exercise of eminent domain in connection with the property. The Mayor then opened the hearing and invited the owner or representative for the property described in paragraph (a) on the Agenda located at 101 West Katella Avenue (R/W 5180-38) to address the City Council. Since no one was present to speak, the Mayor closed the Public Hearing. 10 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES NOVEMBER 4, 1997 Mayor Daly offered Resolution No. 97R-106 for adoption. Refer to Resolution Book. RESOLUTION NO. 97R-206: 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 101 WEST KATELLA AVENUE, FOR THE PURPOSES OF CONSTRUCTING ROADWAY IMPROVEMENT (R/W 5180-38). Roll Call Vote on Resolution No. 97R-206 for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: Zemel The Mayor declared Resolution No. 97R-206 duly passed and adopted. ITEMS B1 - B6 FROM THE PLANNING COMMISSION MEETING OF OCTOBER 13, 1997: INFORMATION ONLY- APPEAL PERIOD ENDS NOVEMBER 4, 1997: 179: CONDITIONAL USE PERMIT NO. 3812, AND NEGATIVE DECLARATION: B1. OWNER: TW INVESTMENT AND IW INVESTMENT CORPORATION, C/O KAPE PROPERTIES, P.O. Box 6474, Beverly Hills, CA 90212 AGENT: MICHAEL BATES/MB TECHNICAL SERVICES, 1539 West Spring Street, Long Beach, CA 90810 LOCATION: 1315-D, 1321, 1325, 1331 and 1341 North Blue Gum Street Property is 9.7 acres located at the northwest corner of Miraloma Avenue and Blue Gum Street. To permit the expansion of an existing automotive van conversion and modification plant within an existing industrial park. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3812 APPROVED, for one year, to expire 10/13/98 (PC97-143) (6 yes votes, 1 absent). Negative Declaration previously approved. B2. 179: CONDITIONAL USE PERMIT NO. 3924, AND NEGATIVE DECLARATION: OWNER: VERNON W. MONROE, TRUSTEE OF THE VERNON W. MONROE REVOCABLE TRUST, 5209 Seashore Drive #100, Newport Beach, CA 92663 AGENT: DAVID JACKSON, 1557 West Mable Street, Anaheim, CA 92802 FAIRMONT PRIVATE SCHOOL, ATTN: JIM MEYER, FACILITY MANAGER, 1557 West Mable Street, Anaheim, CA 92802 LOCATION: 2212 West Sequoia Avenue - Fairmont Private School. Property is 0.89 acre located on the south side of Sequoia Avenue, 165 feet east of the centerline of Siesta Street. To amend or delete a condition of approval pertaining to prohibited roof-mounted equipment. ACTION TAKEN BY THE PLANNING COMMISSION: Approved amendment to conditions of approval for CUP NO. 3924 (PC97-144) (6 yes votes, 1 absent). Negative Declaration previously approved. 11 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES NOVEMBER 4, 1997 B3. 179: VARIANCE NO. 4317, CATEGORICALLY EXEMPT-CLASS 11: OWNER: THE RECTOR WARDENS, AND VESTRYMEN OF SAINT MICHAEL'S PARISH, 311 West South Street, Anaheim, CA 92805 AGENT: PAUL CURTIS, 311 West South Street, Anaheim, CA 92805 LOCATION: 311 West South Street - Saint Michael's Church. Property is 2.3 acres located at the northeast corner of Dickel Avenue and South Street. Waiver of permitted identification signs to permit an 8-foot high, 50 square foot monument sign. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4317 GRANTED (PC97-145) (5 yes votes, 1 abstained, and 1 absent). B4. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3971, AND NEGATIVE DECLARATION: OWNER: THE EPARCHY OF OUR LADY OF LEBANON, 333 South San Vicente Boulevard, Los Angeles, CA 90048 AGENT: SAINT JOHN MARON CATHOLIC CHURCH, ATTN: REV. ANTOINE BAKH, 1546 East La Palma Avenue, Anaheim, CA 92805 LOCATION: 1546 East La Palma Avenue - Saint John Maron Catholic Church. Property is 1.29 acres located on the south side of La Palma Avenue, 140 feet east of the centerline of Anna Drive. To construct a 1,657 square feet addition to an existing church with waivers of minimum number of parking spaces, maximum structural height, minimum front yard setback and minimum rear yard setback. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3971 GRANTED (6 yes votes, 1 absent). Approved Negative Declaration. REPORT AND RECOMMENDATION ITEMS: B5. 179: CONDITIONAL USE PERMIT NO. 1230 - REQUEST FOR DETERMINATION OF SUBSTANTIAL CONFORMANCE, CATEGORICALLY EXEMPT - CLASS 2: Alpine R.V., 6345 Balboa Boulevard, Suite 112, Encino, CA 91316, request to demolish an existing 2-story (3,500 square foot) office/recreation building to construct a new 1-story (3,376 square foot) and attic area (435 square foot) office/recreation building. Property is located at 311 North Beach Boulevard. ACTION TAKEN BY THE PLANNING COMMISSION: Determined that the requested modification is in substantial conformance with the previously- approved exhibits provided shrubbery and rapid growth clinging vines be planted around the base of the water tower to inhibit access, and that landscaping of the front setback area be developed according to the current landscaping requirements as set forth in the Zoning Code. Said required landscaping shall be indicated on plans submitted for building permits. In addition, that the water tower be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the premises. B6. 179: CONDITIONAL USE PERMIT NO. 3751 - REQUEST FOR RETROACTIVE EXTENSION OF TIME, AND NEGATIVE DECLARATION: Fayez Sedrak, 2337 Norco Drive, Norco, CA 91760, requests a retroactive extension of time to comply with conditions of approval for a previously-approved accessory convenience market and automated car wash. This petition was originally approved on April 17, 1996. Property is located at 1100 North Euclid Street. 12 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES NOVEMBER 4, 1997 ACTION TAKEN BY THE PLANNING COMMISSION: Approved a one year (retroactive) extension of time for Conditional Use Permit No. 3751 (to expire on August 8, 1998). Negative Declaration previously approved. ITEM B7 FROM THE PLANNING COMMISSION MEETING OF OCTOBER 27, 1997: INFORMATION ONLY -APPEAL PERIOD ENDS NOVEMBER 6, 1997: B7. 179: TENTATIVE PARCEL MAP NO. 88-286 VARIANCE NO. 4318, AND NEGATIVE DECLARATION: OWNER: Seaward Properties, Ltd., Attn: Mark J. Hillgren, 923 N. Main St., Orange, CA 92667 AGENT: Stuart Architecture, Attn: Ernest Stuart, 5031 Birch St., Newport Blvd., CA 92660 LOCATION: 1500, 1550, 1551, 1600, 1601, 1650, 1700 and 1701 East Babbitt Avenue and 1531 and 1551 South State Colleqe Boulevard. Property is 11.59 acres, located at the northwest and southwest corners of Babbitt Avenue and State College Boulevard. Tentative Parcel Map No. 88-286: to establish a ten parcel industrial subdivision and Variance No. 4318: waivers of minimum structural setback abutting a local street and minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4318 GRANTED (PC97-156). Tentative Parcel Map No. 88-286 APPROVED. Approved Negative Declaration. END OF THE PLANNING COMMISSION ITEMS. ITEMS B8 - B9 FROM THE ZONING ADMINISTRATOR MEETING OF OCTOBER 23, 1997 DECISION DATE: OCTOBER 20, 1997 INFORMATION ONLY- APPEAL PERIOD ENDS: NOVEMBER 14, 1997: B8. 179: ADMINISTRATIVE ADJUSTMENT NO. 127 CATEGORICALLY EXEMPT, CLASS 5: OWNER: VEERAVAT SURAPRUIK, 424 N. State College Blvd., Anaheim, CA 92806 AGENT: MARK FENIER, 516 N. State College Blvd., Anaheim, CA 92806 LOCATION: 516-526 North State Colleqe. Property is approximately 0.30 acres having a frontage of 110 feet on the east side of State College Boulevard a maximum depth of 130 feet, being located approximately 100 feet north of the centerline of Sycamore Street. Waiver of minimum number of parking spaces to retain an existing 330 square foot attached storage building. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 127 APPROVED (ZA DECISION NO. 97-20). B9. 179: VARIANCE NO. 4320 AND NEGATIVE DECLARATION: OWNER: A CALIFORNIA CORPORATION, PBS Building Systems, Inc., 155 Riverview Drive, Anaheim, CA 92807 AGENT: DON HERTEL, 151 Kalmus Drive, Suite D-103, Costa Mesa, CA 92626 LOCATION: 155 Riverview Drive. Property is 1.34 acres located at the northwest corner of Santa Ana Canyon Road and Riverview Drive. 13 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES NOVEMBER 4, 1997 Waiver of required number of parking spaces and waiver of required parking lot landscaping to construct 844 square feet of useable gross floor area within the existing 3-story office building and upgrade the parking lot. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4320 APPROVED (ZA DECISION NO. 97-21). B10. 155: ORDINANCE NO. 5625: (INTRODUCTION) Amending Ordinance no. 5444 relating to Specific Plan Adjustment No. 1 to the Hotel Circle Specific Plan No. 93-1 (Chapter 18.79 of the Anaheim Municipal Code.) Mayor Daly offered Ordinance No. 5625 for first reading. Refer to Ordinance Book. ORDINANCE NO. 5625: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 5444 RELATING TO SPECIFIC PLAN ADJUSTMENT NO. 1 TO THE HOTEL CIRCLE SPECIFIC PLAN NO. 93-1 (CHAPTER 18.79 OF THE ANAHEIM MUNICIPAL CODE.) D1. 176: PUBLIC HEARING -ABANDONMENT NO. 97-2A: In accordance with application filed by Kaufman and Broad, 180 North Riverside Drive, Suite 300, Anaheim, Ca. 92808, a public hearing was held on proposed abandonment of a certain easement for portion of Sabina Street, beginning at the North right of way line of Cypress Street; thence North 200.00 feet and that portion of the Public alleys east and west of Sabina Street, beginning at the north right of way line of Cypress Street; thence North 200.00 feet, pursuant to Resolution No. 97R-184 duly published in the North Orange County News and notices thereof posted in accordance with law. Report of the City Engineer dated September 26, 1997 was submitted recommending approval of said abandonment. Natalie Meeks, Development Services Manager. This is part of the Cypress Infill Redevelopment Project. It has been reviewed by all City departments and staff is recommending approval of the abandonment. Mayor Daly opened the Public Hearing and asked to hear from those who wished to speak on the proposed abandonment. Mr. Barry Cohen, Cypress Street. He lives across the street from the abandoned lots. He is anxious to know when the building will begin. He has been looking at the "dumps" for about five years now. Natalie Meeks. Kaufman & Broad is interested in starting within the next few months. They have submitted their plans and staff has scheduled a hearing to review their grading. She is not sure how many phases they are going to build in but anticipates the first buildings being done within the next year. Mr. Cohen emphasized that he was anxious to have that occur. He has been getting similar comments from Kaufman & Broad but nothing has happened. Mayor Daly. He asked that Mr. Cohen give his address to the City Clerk who will make sure that someone who is knowledgeable relative to the phasing will get back to him. Their understanding is that Kaufman & Broad is anxious to move forward to build new houses adjacent to the homes they have already built in downtown. 14 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES NOVEMBER 4, 1997 Mayor Daly closed the Public Hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Mayor Daly, seconded by Council Member Tait the City Council finds that the proposed activity falls within the definition of Section 3.01 Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from requirements to file an EIR. Council Member Zemel was absent. MOTION CARRIED. Mayor Daly offered Resolution No. 97R-207 for adoption. Refer to Resolution Book. RESOLUTION NO. 97R-207: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENT. (ABANDONMENT NO. 97-2A ). Roll Call Vote on Resolution No. 97R-207 for adoption: AYES: MAYOR/COUNCIL MEMBER: McCracken, Tait, Lopez, Daly NOES: MAYOR/COUNCIL MEMBER: None ABSENT: MAYOR/COUNCIL MEMBER: Zemel The Mayor declared Resolution No. 97R-207 duly passed and adopted. C1. REPORT ON CLOSED SESSION ACTIONS: City Attorney Jack White stated that there are no actions to report. C2. COUNCIL COMMENTS: Council Member, Shirley McCracken. There will be no Council meeting next week since it is Veteran's Day -- a time to recognize and honor all of the men and women who have served in the cause of their country. Mayor Daly. He is reminded that the City Manager was working with some of his staff and Veteran's groups (specifically the American Legion Post/LaPalma and Lemon on the possibility of erecting a monument -- a Veteran's Memorial -- in an appropriate area. City Manager Ruth. Chris Jarvi is working with a committee on that ~ssue and will be bringing back a report and recommendation soon. Mayor Daly. The Council will look to the City Manager to give a report on the feasibility of such a monument. 15 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES NOVEMBER 4, 1997 ADJOURNMENT: By general Council consent, the Council meeting of November 4, 1997 was adjourned. The next scheduled meeting is Tuesday, November 15, 1997. (6:27 P.M.) LEONORA N. SOHL CITY CLERK 16