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1997/01/14ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 14, 1997 The City Council of the City of Anaheim met in regular session. PRESENT:MAYOR: Tom Daly PRESENT:COUNCIL MEMBERS: Shirley McCracken, Tom Tait, Bob Zemel, Lou Lopez ABSENT:COUNCIL MEMBERS: None PRESENT:CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl COMMUNITY SERVICES DIRECTOR: Chris Jarvi COMMUNITY DEVELOPMENT DIRECTOR: Lisa Stipkovich PUBLIC WORKS DIRECTOR/CITY ENGINEER: Gary Johnson TRAFFIC & TRANSPORTATION MANAGER: John Lower PLANNING DIRECTOR: Joel Fick CODE ENFORCEMENT MANAGER: John Poole A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 1:55 p.m. on January 10, 1997 at the Civic Center Kiosk, containing all items as shown herein. Mayor Daly opened the Workshop portion of the Council Meeting of January 14, 1997 and welcomed those in attendance. City Manager, James Ruth. This is a scheduled Workshop on Major Street Beautification. Chris Jarvi, Community Services Director will start the presentation followed by Lisa Stipkovich, Executive Director of Community Development who will give a presentation on the Brookhurst Corridor Design and Planning Study. MAJOR STREET BEAUTIFICATION AND BROOKHURST CORRIDOR DESIGN AND 169: PLANNING STUDY: Chris Jarvi, Community Services Director. He is representing a number of departments (Community Development, Public Works, Planning, Community Services and Public Utilities) that have been working together as a task force to see what can be done to improve some of the streets in the City. It has come about by a wide-spread concern regarding the appearance of major streets in the City. The purpose of the presentation is to provide an update of what the task force has been doing, make recommendations and to get input from the Council relative to the direction to take. (Mr. Jarvi’s presentation was supplemented by slides.) The goals of the program are to create a lasting (positive) visual impression of the City, enhance neighborhoods, strengthen the character and integrity of Anaheim and improve the City’s economic base. He then briefed the objectives of the task force, the first being to establish a definition of a major street. He then gave the criteria used to make that determination. Some of the slides presented showed certain streets that are in need of improvement specifically showing the problems that need to be corrected as well as the enhancements necessary to accomplish the beautification. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 14, 1997 Mr. Jarvi, in explaining the work to date, briefed the maps presented which were a part of the slide presentation and also submitted in hard copy. (See - City of Anaheim - Major Street Beautification - City Council Presentation - made a part of the record). The major streets covered 126 miles -- 33 an freeways and 93 an major streets. The maps showed the City’s Redevelopment Project Areas as well as Specific Plan and Special Planning Areas, the location of gateways and entryways, landscape/streetscape conditions - acceptable/in process -- and unacceptable/not in progress - planned and unfunded with future study needed, and priority of major streets (Priority A and Priority B). He briefed the priorities selection criteria, the priority for improvements and the process for implementation whether it be on a city-wide basis, or a case-by-case basis with costs for guideline development at $3,000 to $10,000 per mile. If they move ahead, the next step is actually to develop and look at the maintenance. The committee identified the development costs at approximately $500,000 to $1.5 million per mile with long-term maintenance costs of $15,000 to $20,000 per mile per year. Relative to funding sources, 63% of the work has been done on an opportunity basis - others are the general fund, designated funding, CDBG funding, Measure M and gas tax funds. As a task force, they are recommending (1) that they review and revise the existing street design standards on a City-wide basis which will take about 6 to 9 months and subsequently come back to the Council with a package on how they would recommend the streets be dealt with, (2) creation of street development guidelines and, (3) development of plans and construction. They believe the Council should consider dedicating funding on an annualized basis to tackle the problem. Priority A types of development would be in the neighborhood of $9 million to $27 million and Priority B, $13.5 million to $40 million. The task force would like feedback from the Council on what they have accomplished and where they might go from there. Mayor Daly posed a line of questions answered by both Mr. Jarvi and Lisa Stipkovich, Executive Director of Community Development relating to the cost of developing guidelines, what is acceptable vs. what is to be fixed, work completed on the freeways, etc. The Mayor also commented that on Euclid between the I-5 and LaPalma (north of I-5 - south of LaPalma), one of the maps indicates that there is existing acceptable landscaping or that construction is under way or pending and it is planned and funded. He asked if there was something in the works that he was not aware of. He noted there is no median on Euclid between the I-5 and LaPalma and some areas look the same as in 1955 (i.e., the area of the Chicken Pie Shop on Euclid). He would like to know if there is anything planned for that stretch. Further, if they do proceed with the program, he would like to see a couple of streets added, one being East Street. The task force had a challenge and he agrees the streets proposed are priorities but he would like to see some of the secondary entrances to the City included as well as East Street. His concern and emphasis is on residential property values. Council Member Lopez. He notes that Harbor Boulevard is a priority north of LaPalma but asked about the condition of the street itself which contains potholes. He has received complaints regarding the area from Lincoln north all the way to the freeway. Mr. Jarvi stated that Public Works indicates that it is in this year’s budget; Mayor Daly. The rehab of the street itself is in the budget but the beautification is separate and not yet scheduled. Council Member Tait then posed questions relative to signage at entrances to the City and the lack of such signage coming from Orange and also travelling north on Euclid or Brookhurst to the City boundary. Chris Jarvi. He believes they have proposed all of the City entries where signage could be installed. If the right of way was available, signs were installed, but where a median does not exist, they cannot do so; Council Member Tait asked that staff consider signage where possible between the City of Orange and Anaheim borders. Mayor Daly. He noted a big stretch of LaPalma through the industrial area is identified as a priority between the 57 freeway and Imperial. While that is important, he reiterated that his preference is for the residential neighborhoods to receive at least an equal priority, i.e., the State College corridor. He asked that staff comment in the future on the rationale for prioritization. If they are going to be allocating funding on an annual basis, he feels they will get more “bang for the buck” beautifying major residential 2 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 14, 1997 blocks in the City. He noted that the Council has asked for additional information to come back to them the question relative to Euclid Street, State College Boulevard and the gateway monuments on both the south borders as well as the eastern borders near the river bed. He agrees with most of the priorities including Brookhurst Street. It is a good start and will assist in planning for the future and in the allocation of funds. Before concluding this portion of the workshop, there was additional discussion and questioning regarding some of the items that were shown in the slide presentation (poles and/or utility boxes in the center of a sidewalk, unnecessary or confusing signs, etc.) and to make certain those are cleared up and also to insure they do not occur again in the future. Mrs. Stipkovich also reported, in answer to Council Member Tait, that in Weir Canyon in the Savi Ranch area, it is a Redevelopment area and staff has been working on a cooperative agreement with the City of Yorba Linda. Anaheim and Yorba Linda worked together on the signage but the funding to get started has not been approved by Yorba Linda. Anaheim has approved the agreement but not Yorba Linda. Staff will provide an update to the Council on the matter. Mr. Jarvi explained for the Mayor that the next step relative to the beautification program will be to come back to the Council with a specific set of standards they would like to implement on a site-by-site basis. In addition, it will be forwarded as part of the budget to tackle some of the design standards. BROOKHURST CORRIDOR DESIGN AND PLANNING STUDY: Lisa Stipkovich, Executive Director of Community Development. A related subject to the beautification program is the Brookhurst Corridor Redevelopment Project Area. Staff has been working for about a year with the Redevelopment Commission and a City Task Force consisting of the Community Development Department, Planning, Public Works and Community Services. There have also been several meetings in the community to get public input. The plan deals with streetscape but also land uses and what they can do to eliminate some of the blighted conditions. They are also looking at establishing a potential overlay zone to establish new development standards and more closely delineate the end uses in order to have more control. There are also development opportunities on certain sites staff has been working on. She then introduced John Kaliski, Architecture and City Design to give the slide presentation. Mr. John Kaliski, Architecture and City Design. He prefaced his presentation by stating they are trying to focus recommendations on what can be accomplished in the 1997 window and time frame. Council Member Zemel entered the Council Chamber (4:15 p.m.). Mr. Kaliski then briefed the material contained in the booklet submitted (see - Brookhurst Corridor - Design and Planning Recommendations Study - City of Anaheim - Redevelopment Agency - Aleks Istanbulu-John Kaliski - Architecture and City Design - made a part of the record) all of which was illustrated in the slide presentation. He first gave the background of the study which was initiated as a result of the Redevelopment plan adoption in 1993. (The booklet also contained maps and/or illustrations showing the Brookhurst Corridor Project Area - existing zoning, a Project Area analysis diagram, areas of land use recommendations, existing strip commercial along Brookhurst, implementation diagram, and also drawings showing property development guidelines, streetscape recommendations, streetscape concepts, demonstration projects and development opportunities). Mr. Kaliski then briefed the goals and objectives of the study -- to encourage revitalization of the Brookhurst Corridor and eliminate blighting influences, to recommend land use changes, public and private development and design standards, streetscape improvement standards, identify/encourage development opportunities and recommend implementation strategies. He reported on the existing zoning working from the slides of the maps presented in the booklet, observations and opportunities as a result of the survey and analysis, land use recommendations, property development recommendations, signage and streetscape recommendations and elaborated on the potential development opportunities (I and II). Single family residential is encouraged on the Circle Seal site, the R.O.P. site, the Lincoln-Muller site, Lincoln w/o Brookhurst site, and the existing Home Depot site (scheduled to be vacated) and to encourage development by a home improvement retailer on the Brookhurst n/o Crescent site (where 3 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 14, 1997 Home Depot is proposing to move from the present Lincoln site). In concluding his detailed presentation, Mr. Kaliski gave the implementation recommendations -- implement a code enforcement program (begin immediately), an overlay ordinance (1 year), a demonstration project at Brookhurst and Crescent (1 1/2 years) and the first step of streetscape improvements, encourage development opportunities and incentives (ongoing), and facilitate further community input. Council Member Zemel. In 1991 when he was on the Planning Commission when the project area was proposed, there was an element that was going to provide money to the property owners similar to what was done on Tustin Avenue. He asked if it was still included. Lisa Stipkovich, Executive Director of Community Development answered, absolutely. The Redevelopment Plan does imply and would be able to provide funding. The Redevelopment Plan goes beyond the planning aspects but the real problem in this case is that they do not have any tax increment. The timing was bad because a tax base was set and subsequently property values went down. She also explained for Council Member Zemel that relative to certain uses, the sex oriented businesses ordinance includes language which excludes Redevelopment areas so that no further such businesses can go into the area. One of the main objectives was to eliminate those uses. There is a preponderance of liquor and bar uses in the southern portion of the corridor at this time. In the overlay zone, they would also like to include language to limit those uses and not allow any more liquor or bar uses. One of the objectives of the plan is a land use change to residential. There is a senior complex in that southern area and one of the possibilities is to expand that type of use. Council Member Tait noted that Mrs. Stipkovich stated property values have dropped and before they get any revenue, it has to come back to the base. He suggested if they refiled at this time, perhaps they would be in a better position; Mrs. Stipkovich stated she had thought about that or alternatively to go back and try to encourage the Tax Assessor to re-evaluate the properties. Mayor Daly. He notes that the list of recommendations mentions a one-year time period for adoption of the overlay ordinance. He is wondering if it is possible to do that sooner. The recommendations also mention that some of the initial streetscape improvements will be occurring over an 18-month period and would like to see that done sooner as well. Lisa Stipkovich. Hopefully those are outside dates and she would like to do both sooner. She would anticipate they could do the overlay ordinance much sooner but it is not totally within their control. On the improvements, much will be determined by Home Depot start of construction which will hopefully be in six or seven months, but in terms of completion, that is where the 1 1/2 years comes into play. Mayor Daly. Relative to the demonstration project, he asked about opportunities for other landscaping for the length of Brookhurst and other cross streets. He asked if there was a time frame. Lisa Stipkovich. It goes back to a question of revenue sources and what they can do about the base. Unless they get the tax increment, it is difficult for her to predict how they would fund those projects. As suggested by Council Member Tait, redesignating the Project Area is something to explore. It has been a difficult time for the two projects that were adopted since the recession hit three years after that. Mayor Daly asked when the Council could expect follow-up items relative to the plan; Lisa Stipkovich. Staff will be bringing back a draft of the overlay ordinance to give an opportunity for review within three or four months. On the Home Depot project, they will be getting into specific design issues shortly and also working with the School District and will give the Council something definite in about four months. Mayor Daly. They will look forward to the steps of implementation of landscaping and all the other improvements. He thanked all those involved in the presentation today and also Mr. Kaliski. 4 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 14, 1997 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 LABOR RELATIONS: Agency negotiator: Dave Hill Employee organizations: AFA and AMEA 2.CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) - EXISTING LITIGATION Name of case: Aleshire v. City of Anaheim, Orange County Superior Court Case No. 74-19-07. 3.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One potential case. 4.LIABILITY CLAIMS Claimant: Richter Farms, et al. Agency claimed against: City of Anaheim 5.CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: 527 East Cypress (Cypress Infill Project) Negotiating parties: Community Development Department 6.CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (b) - EXPOSURE TO LITIGATION Claims related to Rancho La Paz Mobile Home Park. 7.CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) - PENDING LITIGATION: City of Anaheim vs. Sony Corporation Orange County Superior Court Case No. 74-40-99 RECESS:Mayor Daly moved to recess into Closed Session. Council Member Lopez seconded the motion. MOTION CARRIED. (4:40 p.m.) 5 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 14, 1997 AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. ( 5:45 p.m.) INVOCATION: Pastor Jimmy Gaston, Church of Christ, gave the invocation. FLAG SALUTE: Council Member Tom Tait led the assembly in the Pledge of Allegiance to the Flag. MEMORIAL SERVICE ANNOUNCEMENT: Mayor Daly. It is with sadness to note the recent passing of Herb and Sally Leo who were long-time residents of Anaheim who in recent years moved to Arizona. Herb was past president of the Chamber of Commerce and headed up many private charitable organizations in Anaheim where he was a long-time businessman. Herb and Sally were right in the heart of many key decisions made in the City in the last 40 years. Both passed away recently in Arizona. He has been asked to announce that there will be a memorial service in Anaheim on Thursday, January 30, 1997 at 3:30 p.m. at the Power Community Church, 1026 S. East Street between Vermont and Ball Road (east side of East Street). He thanked the community leaders, specifically Floyd Farano, who obtained the information and passed it on. If ther are any other pertinent details, he asked that the Chamber let them know. PRESENTATION - AWARD OF EXCELLENCE FOR TRAFFIC SAFETY: 119: Presentation of the Automobile Club of Southern California Award of Excellence to the City of Anaheim for Traffic Safety. Connie Kuhn, Automobile Club (AAA). Each year, the triple AAA has a major community traffic program. Approximately 1,600 cities participated in 1996. Anaheim received an award which is the second highest that can be achieved in the program for top performance in both traffic and pedestrian safety in their population categories. As a member of the local office of the Automobile Club, she is proud to be a part of the City and to be presenting the plaque today. Mayor Daly accepted the award on behalf of the City and specifically the Traffic Engineering Division. It is a tribute to the City’s traffic safety program run by Gary Johnson, Director of Public Works and John Lower, Traffic and Transportation Manager and everyone in City government who helps keep the streets safe including the police Department. John Lower, Traffic and Transportation Manager. Last year, the pedestrian accident records indicated there were some trends showing an increasing number of seniors and tourists so they had a special outreach disseminating pedestrian safety information to those groups and are happy with the results that resulted in the award. Lt. John Haradon Anaheim Police Department, Traffic, was present with Mr. Lower. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,104,132.92 for the period ending January 10, 1997, in accordance with the 1996-97 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:55 p.m.) 6 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 14, 1997 Mayor Daly reconvened the City Council Meeting ( 5:56 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Don Harvey, Director, Orange County Bicycle Coalition, 630 S. Glassell, Orange. He is present to discuss the Santa Ana River Road where the shoulder has been taken by the TCA (Transportation Corridor Agency) for the construction of the Foothill toll road overcrossing in two places. He has been told in talking to City staff that it has been taken for two years. He is urging the City to make that time shorter corresponding to the actual need shown by the TCA. There are a lot of cyclists who use that road. Mayor Daly asked if it was his understanding that the TCA needs that stretch of bike lane only for a period of two years. Don Harvey. He does not know. He has not seen anything on it. There are two stretches -- one underneath the overcrossing that is being built now and one about 100 yards west of that. Regarding the one underneath the overcrossing, an effort has been made to move “K” rail back from the fog line as much as possible. No such effort has been made in the region west of there. He would like to see some effort made to accommodate bicyclists. Mayor Daly. They will ask staff to investigate the situation and report back on the status and take whatever action steps are appropriate. John Lower, Traffic and Transportation Manager. He spoke with Mr. Harvey earlier today and earlier in the week and has had communications with Silverado Construction. He will get the plans for the ramp connectors between the Eastern Transportation Corridor and the 91 Freeway and will meet with Mr. Harvey to review the implications to the bike lane. Mayor Daly. The Council will look forward to receiving any further information as well. PUBLIC COMMENTS - AGENDA ITEMS: Public input was received on Item A7 (see discussion under that item). MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of January 14, 1997. Council Member Tait seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded by Council Member Tait, 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 Resolution Nos. 97R-2 through 97R-6, both inclusive, for adoption. Mayor Daly offered Ordinance No. 5587 for adoption. Refer to Resolution/Ordinance Book. 7 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 14, 1997 A1.118: 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 John Piccola for property damage sustained purportedly due to actions of the City on or about November 6, 1996. b. Claim submitted by Kings Meadow HOA c/o Total Property Management Company, Attn: Eric B. Johnson, Esq. for property damage sustained purportedly due to actions of the City on or about August 27, 1996. c. Claim submitted by Automobile Club of Southern California, Larry Y. Kubota, Insured for property damage sustained purportedly due to actions of the City on or about June 19, 1996. d. Claim submitted by Angel Ureno for property damage sustained purportedly due to actions of the City on or about October 2, 1996. e. Claim submitted by Carol Ann Lish for property damage sustained purportedly due to actions of the City on or about October 21, 1996. f. Claim submitted by Ronald E. Belanger for property damage sustained purportedly due to actions of the City on or about September 24, 1996. A2.105: Receiving and filing minutes of the Community Redevelopment Commission meetings held October 9, 1996, October 23, 1996, November 6, 1996, and November 20, 1996. A3.123: Approving an Agreement with Merit Civil Engineering, Inc., in an amount not to exceed $44,000 for miscellaneous engineering design services for Public Works Improvement Projects; and authorizing the Mayor and City Clerk to execute said Agreement. A4.170: Approving the Final Map of Tract No. 15126, and the Subdivision Agreement with Shea Homes Limited Partnership. Tract No. 15126 is located at The Summit, on the east side of Running Springs Drive, and is filed in conjunction with Specific Plan No. 88-2. A5.123: Approving a Second Amendment to Agreement with Boyle Engineering Corporation for construction engineering services for the Anaheim Stadium AMTRAK/Commuter Rail Station improvements project at a cost not to exceed $4,800. A6.176: RESOLUTION NO. 97R-2: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS, AND SETTING A DATE AND TIME TO CONSIDER ABANDONING THAT PORTION OF EXCESS RIGHT-OF-WAY OF SANTA ANA CANYON ROAD, LOCATED AT MAUDE LANE, RESERVING THEREFROM AN EASEMENT FOR AN EXISTING ELECTRIC LINE (ABANDONMENT NO. 96-8A) (SUGGESTED DATE AND TIME: FEBRUARY 11, 1997 AT 6:00 P.M.) A7.158: RESOLUTION NO. 97R-3: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL PROPERTIES OR INTERESTS THEREIN TO THE CITY. Harold Dunlavy, 1779 Strathmore, Anaheim. He is requesting that action be taken on this item tonight which has to do with the deed to their property being taken by the City. It has been put off since the December meeting and they are now boxed into a corner because of delays. He is asking that action be taken this evening. Mayor Daly. The item is now before them and there is a recommendation by staff to approve and move forward this evening. 8 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 14, 1997 Mr. Dunlavy then confirmed for Council Member Zemel that he is speaking in favor of the approval. This item was approved by the Council at the conclusion of the Consent Calendar. A8.160: Accepting the low bid of Trayer Engineering Corporation, in the amount of $32,700 for ten 15KV SF-6 subsurface switches, in accordance with Bid #5607. A9.160: Accepting the low bid of The Okonite Company, in an amount not to exceed $77,148.75 for 25,000 feet of 15KV underground distribution cable, in accordance with Bid #5606. A10.135: Approving a request from the Anaheim City Golf Championship Tournament Committee to waive the tournament surcharge of $10 per golfer per day for the 1997 tournament to be held in April at both Anaheim Hills and Dad Miller Golf Courses. A11.144: RESOLUTION NO. 97R-4: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM WAIVING NOTICE OF LEASED SPACE AGREEMENT BY THE COUNTY OF ORANGE OF CERTAIN PROPERTY LOCATED IN THE CITY OF ANAHEIM. (PROPERTY IS LOCATED AT 1535 ORANGEWOOD AVENUE). A12.123: Approving a Mutual Aid Agreement for Building Damage Safety Assessments between the City of Anaheim and all signatory parties of any public agency or quasi public agency. (In the event of a major earthquake or other disaster resulting in building damage, city and county governments will need to have cooperative efforts of building engineers and inspectors to assess the structural integrity and safety of many residential and commercial buildings throughout Orange County.) A13.168: RESOLUTION NO. 97R-5: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RENAMING OX ROAD TO CAST PLACE. A14.156: Receiving and filing the Anaheim Police Department Crime Statistical Report for the month of November, 1996. A15.123: Waiving Council Policy No. 401, and approving and authorizing the execution of an Agreement with CRSS, Inc., in an amount not to exceed $926,000 for management, coordination and extended staff services for the Anaheim Resort and the Disneyland Resort in calendar year 1997. Council Member Tait declared a potential conflict on this item and will, therefore, be abstaining from any discussion or action. Council Member Zemel. He is concerned about the process and asked how CRSS, Inc. was selected. Gary Johnson, Public Works Director and City Engineer. The staff report indicates the history the department has had with CRSS on the project. They did select them on a competitive process to begin some of the scheduling work at an earlier point in time on the Anaheim Resort Program. The primary reason they are asking to waive the normal policy, this firm is uniquely qualified based on the experience they have had with the project. Staff has worked closely with Walt Disney Company and jointly feel with the huge amount of work and the demanding schedules, this is the most cost-effective and best way to proceed. Unique circumstances exist that warrant waiving the policy. He clarified it was not done on a competitive bid but they have competitive proposals. They review the qualifications and select the most qualified firm. Fee is also one of the considerations when they make a selection. This is a negotiated contract basically on an hourly basis. They will be bringing staff on from CRSS as needed. Most of the work will be reimbursed by Walt Disney or by bond proceeds. There is no General Fund expense involved. This will give the ability based upon the level of activity to bring people in and reduce the effort by CRSS. It is certainly better than trying to staff as a public agency. 9 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 14, 1997 Council Member Zemel asked if there was an RFP (Request for Proposal) or not; Gary Johnson. They selected two firms some time ago -- one to work on the I-5 and one to work on the scheduling, at the time, the Anaheim Resort. They did not know with any certainty there would be a Disney project. Staff interviewed five firms and selected two -- one for the I-5, then along came the Anaheim Resort work and they selected the other firm that was a close second in the competition. That work then continued. The unique circumstances they find themselves in now, they are so involved and so informed as to the project that they are the likely candidate to continue on. In this particular type of work, there aren’t many firms that have the capability and experience on very large projects to do schedule and coordination work. CRSS is one of those. Council Member Zemel. He asked if there were any companies in Anaheim that could do the work; Gary Johnson. Russ Maguire of his staff indicates of the five firms interviewed, none were based in Anaheim. City Manager Ruth. Even though CRSS were selected to do the overall management coordination, the City can be utilizing local talent. They will be looking at local talent within the community and that is part of the expectation. They will be working with the Chamber and other business people in the community to make sure they are aware of what those opportunities might be. A16179: RECOMMENDATION OF HEARING OFFICER, REGARDING: EL OJO DE AGUA: The Planning Director’s authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, class 21, as defined in the State EIR Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. RESOLUTION NO. 97R-6: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE FINDINGS OF FACT AND RECOMMENDATIONS OF HEARING OFFICER ADDING NEW CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 104 AND CONDITIONAL USE PERMIT NO. 1765. (EL OJO DE AGUA.) Mayor Daly asked if the bar owner has all the necessary licenses to proceed or must those still be obtained from the Alcoholic Beverage Commission (ABC). City Attorney White. Fourteen new conditions were proposed to be added to the two existing C.U.P.’s One is that the operator of the establishment must obtain the necessary license from ABC. As of the time the staff report was prepared, he does not believe he had obtained that license. He would defer to anyone on staff if they know the answer. To the best of his knowledge, he has not yet obtained the required license. Mayor Daly. He asked to the extent the ABC will ask the City, i.e., the Police Department, for input, is the City under any obligation as a result of all the recommendations to recommend that the ABC approve that type of permit. City Attorney White. This came up several months or a year ago. At the time, the City Council had a workshop and subsequent to that, adopted a resolution to make sure there would not be an inconsistency between the zoning actions taken and recommendations from staff to the ABC. He does not have that resolution in front of him but if Council approves as recommended by the Hearing Officer, it would be inconsistent of staff to go back and recommend denial of the license required to operate in the absence of one of the criteria in the State statute such as an overutilization of licenses in the vicinity. He would say they want to make sure the actions they are taking at staff level are consistent with the actions Council is taking tonight. Mayor Daly. He asked the expense incurred by utilization of a Hearing Officer and if it was paid for by the applicant. 10 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 14, 1997 City Attorney White. He believes he reviewed a letter where it was indicated the cost was being borne by the applicant but he is not positive. The cost, because they do not use retired Superior Court Judges in such cases but retired City Attorneys, is in the neighborhood of around $1,000 total. Mayor Daly. He believes he read there is a time limit; City Attorney White. It will expire in six months. The applicant knows that and understands he will be required to relocate or discontinue the business within that time. He could apply for a new permit and could have a brand new hearing and the Council could deny or approve at their discretion. As of now, the plan is to terminate the business at this location. A17.114: Approving minutes of the Anaheim City Council meetings held December 10, 1996 and December 17, 1996. A18.130: ORDINANCE NO. 5587: (URGENCY) AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING THAT AGREEMENT ENTITLED “AN AGREEMENT AMONG THE CITY OF ANAHEIM, CENTURY VALLEY CABLE CORP., AND CENTURY COMMUNICATIONS CORPORATION EXTENDING THE FRANCHISE GRANTED PURSUANT TO ORDINANCE NO. 4087, AS TRANSFERRED AND AMENDED, AND ESTABLISHING CERTAIN TERMS AND CONDITIONS RELATING TO THE RENEWAL APPLICATION OF CENTURY VALLEY CABLE CORP., AND CENTURY COMMUNICATION CORPORATION, AND SETTING FORTH CERTAIN OTHER AGREEMENTS BY AND AMONG THE PARTIES” AND TAKING CERTAIN ACTIONS IN RELATION THERETO. A copy of the full text of this proposed emergency ordinance is available for public review in the City Clerk’s office. A copy of such ordinance is also posted at the entrance of the City Council Chambers at City Hall. City Clerk Sohl. She pointed out that this is the first time they are using the new procedure approved by the voters in November 1996, whereby it is no longer necessary to read the entire ordinance in full at the meeting. Roll Call Vote on Resolution Nos. 97R-2 through 97R-6, both inclusive, 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 Nos. 97R-2 through 97R-6, both inclusive, duly passed and adopted. Roll Call Vote on (Urgency) Ordinance No. 5587 for adoption: AYES:MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES:MAYOR/COUNCIL MEMBERS: None ABSENT:MAYOR/COUNCIL MEMBERS: None The Mayor declared (Urgency) Ordinance No. 5587 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. (Council Member Tait abstained on Item A15) 11 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 14, 1997 RANCHO LA PAZ MOBILE HOME PARK TRAFFIC ACCESS ISSUES: A19.167: Receiving and filing joint report dated January 9, 1997 from Risk Management and Public Works regarding Rancho LaPaz Mobile Home Park traffic access issues. Mayor Daly. He asked how many people were present regarding this matter. Approximately six people were present. (Also see minutes of December 3, 1996 and January 7, 1997 where the issue was previously discussed and a large number of mobile home park residents were present.) This was a noticed Closed Session item. The Council discussed the matter in Closed Session because legal issues are involved. He then read a statement and asked the City Attorney to add any additional language that he may overlook or not convey: “This matter was discussed today in Closed Session. The City Council decided that a mutually beneficial resolution of this matter would be to change the traffic signal at the RSI entrance - the business across the street - to a four-way signal and to move the entrance and exit for the mobile home park to that intersection. The City is prepared to negotiate with the park owner concerning payment for the costs of the necessary improvements on both public and private property. Our City staff has been directed to begin the negotiation process immediately with the owner of the mobile home park.” That was the action decided in Closed Session. The bottom line, they have asked staff to begin negotiations with the owner of the mobile home park toward accomplishing the goal of a four-way signal at the intersection. He asked if they need to take any further action. City Attorney White. No action is necessary from Council. However, as was indicated earlier, if there are members of the public who wish to comment on this item, they can do so at this time. Because this matter relates to potential litigation and since the City has received 188 claims to date from the owner and residents, it is his recommendation and advice to the Council that other than the statement that has been publically read, that the Council defer other comments until after staff has had an opportunity to meet and conduct negotiations and report back to the Council. Mayor Daly asked if there were any members of the public who would like to speak at this time on the item; there was no response. Mayor Daly. They will anticipate a report from staff as to how negotiations proceed. City Attorney White. It would be their view to try to accomplish that very quickly and to see some change in that situation in the very near future. PUBLIC HEARING - CONDEMNATION OF A PORTION OF REAL PROPERTY - 2101 A20.121: SOUTH HARBOR BLVD., THRIFTY OIL NO. 191 - R/W 5154: To consider the adoption of a resolution finding and determining the public interest and necessity for acquiring and authorizing the condemnation of a portion of real property located at 2101 South Harbor Boulevard (Thrifty Oil No. 191, a California General Partnership - R/W 5154) within the Anaheim Resort Area; and authorizing the law firm of Rutan and Tucker, special counsel to the City, to proceed with said condemnation action. This matter was continued from the meetings of October 8, 1996, Item A16, and October 22, 1996, Item A26 to this date. (See minutes those dates.) Council Member Tait declared a potential conflict an this item and will, therefore be abstaining from any discussion or action. 12 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 14, 1997 City Manager Ruth. The Public Works Department has requested that this item be removed from the agenda because staff has reached an agreement with Thrifty Oil and acquisition is no longer necessary. City Attorney White stated that the proper action would be to terminate all proceedings in conjunction with right-of-way Case No. 5154. MOTION. Mayor Daly moved to terminate all proceedings regarding right-of-way No. 5154. Council Member Zemel seconded the motion, Council Member Tait abstained. MOTION CARRIED. PRIVATE INDUSTRY COUNCIL APPOINTMENTS: A21.105: Appointment to the Anaheim Private Industry Council (PIC) of two new members from the Private Sector Category for four-year terms and one new member from the Public Sector Category for a four-year term. Submitted was report dated January 14, 1997 from Marge Pritchard, JTP Manager. Council Member McCracken nominated Connie Kuhn to the PIC in the Private Sector Category for a four-year term to January 14, 2000; Council Member Zemel nominated Sheldon Kawahara to the PIC in the Private Sector Category for a four-year term to January 14, 2000. On motion by Mayor Daly seconded by Council Member Tait, nominations were closed. MOTION CARRIED. On motion by Mayor Daly seconded by Council Member Tait, Ms. Kuhn and Mr. Kawahara were appointed to the Private Industry Council for a four-year term to January 14, 2000. MOTION CARRIED UNANIMOUSLY. Council Member McCracken nominated Chris Argubright to the PIC in the Public Sector Category for a four-year term to January 14, 2000. On motion by Council Member Zemel seconded by Mayor Daly, nominations were closed. MOTION CARRIED. On motion by Mayor Daly seconded by Council Member Zemel, Mr. Argubright was appointed to the Private Industry Council for a four-year term to January 14, 2000. MOTION CARRIED UNANIMOUSLY. ITEMS B1 - B2 FROM THE ZONING ADMINISTRATOR MEETING OF JANUARY 2, 1997 DECISION DATE: JANUARY 9, 1997 INFORMATION ONLY - APPEAL PERIOD ENDS JANUARY 20, 1997 FOR THE TRACT AND JANUARY 24, 1997 FOR THE VARIANCE: TENTATIVE PARCEL MAP NO. 96-173 CATEGORICALLY EXEMPT - CLASS 15 B1.170: OWNER: PETERSON INVESTMENT CO., P.O. BOX 1998, San Leandro, CA 94577 AGENT: WALDEN & ASSOCIATES, 18012 Cowan, Suite 210, Irvine, CA 92614 LOCATION: 1363 S. State College Boulevard.Property is approximately 6.1 acres located on the southwest corner of State College Boulevard and Winston Road. To establish a 2-lot Industrial subdivision. ACTION TAKEN BY THE ZONING ADMINISTRATOR: TENTATIVE PARCEL MAP NO. 96-173 APPROVED (ZA DECISION NO. 97-1) 13 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 14, 1997 REPORT AND RECOMMENDATION ITEM: VARIANCE NO. 4222 REQUEST FOR EXTENSION OF TIME TO COMPLY WITH B2.179: CONDITIONS OF APPROVAL: PETITIONER: Philip Anthony, 2157 Pacific Avenue, B-203, Costa Mesa, CA 92627 LOCATION: Property is located at 5757 E. Santa Ana Canyon. To permit two commercial wall signs in the Scenic Corridor; one wall sign permitted by code. Retroactive extension of time to comply with conditions of approval to expire January 2, 1998. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Approved Variance No. 4222 to expire 1/2/98. ITEM B3 FROM THE PLANNING COMMISSION MEETING OF JANUARY 6, 1997, INFORMATION ONLY - APPEAL PERIOD ENDS JANUARY 16, 1997: REQUEST TO DETERMINE CONFORMANCE WITH THE GENERAL PLAN FOR B3.134: COUNTY USE OF LEASED SPACE: County of Orange, General Services Agency, Attn: Douglas Giltner, Real Property Division, 14 Civic Center Plaza, Third Floor, Santa Ana, CA 92701 LOCATION: Property is located at 1535 East Orangewood Avenue. Request for determination of conformance with the General Plan for County use of leased space for the Health Care Agency’s Children & Youth Services Mental Health Unit. ACTION TAKEN BY THE PLANNING COMMISSION: Determined to be in conformance with the General Plan. DISCUSSION OF TERM LIMITS FOR CITY BOARDS AND COMMISSIONS: C1.105: Discussion requested by Council Member Bob Zemel at the meeting of December 10, 1996 regarding term limits for City Boards and Commissions. Submitted was report dated January 8, 1997 from the City Clerk relative to the subject including current practices and polices. City Clerk, Leonora Sohl. As a result of comments made by Council Member McCracken and other Council Members, included in the report is a much more comprehensive summary of the current practices and policies and some recommendations. Council Member Zemel. He thanked the City Clerk for the extensive report. The Council has flirted with and discussed the idea of establishing term limits for board and commission members similar to that of elected officials. It would give others the opportunity to serve and for members to serve on other boards and commissions as well. His focus is on term limits, although there are many changes that probably need to be made in the overall makeup of the way boards and commissions are run. The report deals with not only term limits, but other procedural changes as well and possibly a reduction of the numbers of boards and commissions which he feels is a worthwhile idea. The report is extensive and optimistic that the Council might possibly deal with all the issues and come to an agreement. City Clerk Sohl. This could be considered a draft and presenting some ideas for the Council to consider from which they could then pick and choose. It is a place to start. 14 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 14, 1997 Council Member Zemel. The City Clerk has done an exceptional job in identifying areas with which they might want to concern themselves during the next year. However, they might start by taking “bites” out of what has been presented. He is going to suggest they do that and keep it simple. He would like first to deal solely with term limits. He feels it might be best to establish an ad hoc committee with a member or two from the City Council similar to liaison committees appointed to the City Clerk’s committee and come back within 2 - 3 Council meetings from now with a recommendation as to what the term limits should be. The Council could then deal with that issue and if everyone is happy, they could send those same two persons back to work on the next issue. Over time, he has heard many Council persons say they want to see this accomplished. Mayor Daly. He asked if the Council had any perspective they would like to add on the subject of term limits for persons sitting on City advisory boards/commissions or if there are any questions on the staff report. As Council Member Zemel pointed out, the City Clerk has outlined some of the issues involved with the appointment of advisory committees. There are 14 boards and commissions and in the past there have been no term limits. He would be interested in serving on a more focused study and subsequently reporting back to the Council; Council Member Zemel. He would be interested in serving as well. MOTION. Council Member Tait moved that an ad hoc liaison committee be formed to discuss the term limits issue only for City boards and commissions and to report to the full Council for a discussion and decision at a future Council Meeting, and that the two Council Members to serve on the ad hoc committee be Mayor Daly and Council Member Zemel. Council Member McCracken seconded the motion. Before a vote was taken, it was determined that a report be submitted to the Council in 30 days. Mayor Daly. The Clerk’s report also included the possibility of having fewer advisory commissions. City Clerk Sohl. The idea is not to do away with the citizen advisory potential for leadership in the community but rather to make it less formal. Having them appointed committees by the Council makes all of them subject to the Brown Act along with posting of the meeting date, agenda and other public requirements whereas if they were departmental advisory committees, the Council could still use the advise of the leadership of the members of the committee but without the additional expense. Council Member Zemel. Some may feel, as he does, it is a good thing to have them subject to the Brown Act. Mayor Daly. He likes the idea of consolidating some of the advisory commissions which have an overlapping area and perhaps creating some additional advisory commissions for subjects which need them. It is a good subject for further discussion down the road after they tackle the term limit question. A vote was then taken on the foregoing motion. MOTION CARRIED. ONE STOP ADVISORY TASK FORCE: C2.114: Approving a new Council representative to the Job Training Program (JTP) One Stop Advisory Task Force. Submitted was report dated December 17, 1996 from Marge Pritchard, JTP Manager recommending the subject appointment. City Clerk Sohl. In speaking with Marge Pritchard, JTP Manager, Mrs. Pritchard would like to withdraw this item at this time since JTP staff is in the process of developing a different way of going about the task force where the committee meets only three or four times a year. She will come back with a new staff report and request. 15 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 14, 1997 Mayor Daly. He assumes this is not required in the State grant programs. City Clerk Sohl. She believes there are requirements but Mrs. Pritchard is going to propose meeting them in a different way and come back with a revised staff report. The item is to be removed at this time and it will be rescheduled. REQUEST FOR APPROVAL TO CHANGE THE NAME, MONOGRAM AND INSIGNIA C3.173: ON TAXI-CABS OPERATED WITHIN THE CITY OF ANAHEIM BY WEST COAST CAB COMPANY, DBA WEST COAST TRANSPORTATION: To consider approving the change of name, monogram and insignia for West Coast Cab Company to A White & Yellow Cab, Inc., D.B.A. “A Taxi Cab”. Submitted was report dated December 30, 1996 from the Planning Department/Code Enforcement Division recommending approval of the subject request. Mayor Daly. The recommendation from the Planning Department on this item is to approve the name change for this particular cab company. He asked to hear from staff. Joel Fick, Planning Director. The City Council in 1987 gave approval to West Coast Cab to operate a taxi service within the City. The business has been in operation since that time. They submitted a written request to change the name, monogram and insignia. The color of the vehicles will remain yellow and white, but the new name is to be “A Taxi Cab” and the monogram would be a Large “A” . The proposed changes would not be in conflict with the Anaheim Municipal Code (AMC). They are requesting the changes because there are other cab companies using “coast” in their names. This is to avoid confusion. Staff believes it would not impact the enforcement efforts related to taxi cabs and is, therefore, recommending that the requested name change be approved. Mayor Daly. This is a cab company based in Santa Ana and they operate County wide. It is not an Anaheim based company nor is their sole focus on Anaheim; Joel Fick confirmed that was correct. Council Member Zemel. He asked if the cabs with the “A” will be used in other cities as well or just Anaheim. John Poole, Code Enforcement Manager stated they will be used in other cities as well. Mayor Daly. This is the company that has the exclusive right to serve John Wayne Airport. They are the only cab allowed on the John Wayne property in terms of pickups. Other companies can drop off only. MOTION. Mayor Daly moved to approve the change of name, monogram and insignia for West Coast Cab Company to A White & Yellow Cab., D.B.A. “A Taxi Cab” as recommended in staff report dated December 30, 1996. Council Member Zemel seconded the motion. MOTION CARRIED. Mayor Daly asked if they had to make the request in every jurisdiction they operate in; John Poole. The AMC requires that they come to the Council for approval, but each City is different. Mayor Daly. He knows there is some discussion of moving to a County-wide taxi cab regulatory system rather than city by city but in the meantime it is city by city. Council Member Tait. He referred to the fact that this is the only cab company allowed to pick up at John Wayne Airport and asked why. Joel Fick. Recently, the County Board of Supervisors had some rather extensive discussions about the service and debated the issue. Subsequently, this was the company exclusively chosen by the Board. 16 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 14, 1997 City Attorney White. He believes the reason they were granted the exclusive franchise to serve the airport was in exchange for payment by the company. It is revenue generating to the County. REPORT ON CLOSED SESSION ACTIONS: C4.112: City Attorney White stated there were no actions to report. He also announced he believes it is Council’s intention to recess into Closed Session following completion of the agenda with no action anticipated after Closed Session. Further for public information, he believes there is to be a recommendation that this meeting be adjourned to Saturday, January 25, 1997 at 8:00 a.m. in the Gordon Hoyt Conference Center in City Hall West for a budget workshop. COUNCIL COMMENTS: C5.114: Council Member McCracken. She attended the Orange County League Meeting where an informational session was held on Proposition 218 regarding the ramifications of the proposition on cities. It is an issue which the Council needs to be apprised of. Council Member Zemel. This is the initiative passed by the people to prevent taxes from being imposed without a vote of the people. City Attorney White. It also applies to assessments, fees and charges. For the City’s purposes, the one most problematic is the fee and charge issue. His office has done an analysis that was given to the Council some time back. He has been to two workshops and is going to another all-day session in Burbank tomorrow to discuss 218 and how to implement it. He will be happy to update the Council on the matter. RECESS - CLOSED SESSION: By general Council consent, the Council recessed into Closed Session (6:45 p.m.). AFTER RECESS: Mayor Daly called the meeting to order, all Council Members being present (prox. 7:40 p.m.). ADJOURNMENT: By general Council consent, the Council meeting of Tuesday, January 14, 1997 was adjourned to Saturday, January 25, 1997 at 8:00 A.M. in the Gordon Hoyt Conference Center - 2nd Floor, City Hall West, 201 S. Anaheim Boulevard, Anaheim (prox. 7:41 p.m.). LEONORA N. SOHL CITY CLERK 17