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1999/10/05ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 5, 1999 The City Council of the City of Anaheim met in regular session. PRESENT: MAYOR : Tom Daly PRESENT: COUNCIL MEMBERS : Frank Feldhaus, Lucille Kring, Tom Tait, Shirley McCracken, ABSENT: COUNCIL MEMBERS: PRESENT: CITY MANAGER : Jim Ruth CITY ATTORNEY : Jack White ASST. CITY CLERK : Ann Sauvageau PLANNING DIRECTOR : Joel Fick TRAFFIC/TRANSPORTATION MANAGER : John Lower ZONING DIVISION MANAGER : Greg Hastings CIVIL ENGINEER : Natalie Meeks RECREATION SUPERINTENDENT : Terry Lowe ZONING ADMINISTRATOR : Annika Santalahti A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 11:55 am. on October 1, 1999 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall) containing all items as shown herein. Mayor Daly called the Workshop portion of the meeting of October 5, 1999 to order and welcomed those in attendance (3:17 P.M.). City Manager, James Ruth. This is the appointed time for the Workshop on the CenterLine project, Locally Preferred Alignment (LPA) and comments on the DEIS/DEIR (Draft Environmental Impact Statement/Draft Environmental Impact Report). Mr. John Lower will make the presentation. CENTERLINE LOCALLY PREFERRED ALIGNMENT – DEIR/DEIS COMMENTS: John Lower, Traffic and Transportation Manager. Today’s consideration is the Anaheim Locally Preferred Alignment as distinguished from the Locally Preferred Alternative. The Locally Preferred Alignment would answer the question, if the decision is made to proceed, what alignment works best for the City. The Council has already seen (through a previous workshop) the three alternatives in addition to the no-build alternative, i.e., the elevated alternative and the two street level alternatives. Staff is not looking for any action today but an informal acknowledgment that this is the system that would work best. Mr. Lower’s Power Point presentation – CenterLine DEIS/DEIR – Anaheim Preferred Alignment – Purpose: City of Anaheim comments on the DEIS/DEIR for input to OCTA Board decision on the CenterLine Project - (hard copies of which were submitted and made a part of the record) covered the following which he explained/briefed in detail : Elevated Alternative (each alternative accompanied by map of the alignment from Fullerton through the City of Anaheim along with drawings of the street sections showing the alignment of the CenterLine vehicle at the stations/streets), Street Level Alternative 1 and 2, Anaheim Preferred Alignment, Lemon/Orangefair Alignment, Lemon/Carl Karcher Way Station Area (including the station plan and street section plan), Lemon/Carl Karcher to Anaheim/North (street section), North Street Station Area, Anaheim/North to Anaheim/Civic Center, Anaheim/Civic Center Station Area, Civic Center to Anaheim/Ball, Ball Road Station Area, Ball to Cerritos, Cerritos Potential Station, Resort Station (Anaheim Resort Area – including the area plan, functional station plan, section at station), Edison Field Station, and State College/ Orangewood Station Area. In concluding his presentation, Mr. Lower reviewed the steps that had already been taken (from September 3, 1999 to present) and the next steps as listed on the last page of the submittal with three ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 5, 1999 key dates being – December 7, 1999 – City Council Resolution on LPA (Locally Preferred Alternative) – by December 13, 1999 – City comments to OCTA on Draft LPA and December 13, 1999, OCTA Board considers Milestone 7 – the (Anaheim) Locally Preferred Alternative. During and after the presentation, Mr. Lower answered a line of questions posed by the Mayor and Council Members relative to specifics of the CenterLine alignment especially around the Stadium and proposed stations. The Mayor also asked that information be provided on how Mr. Lower envisions people moving from the Amtrak Station to the (Arrowhead) Pond with or without a station and also information on the “ pedway/bikeway” connection which was broached. The balance of the Workshop revolved around timing issues as outlined (see Next Steps). Council Member Tait stated he has already gone on record that he is aginst any project at all. He feels it would be more beneficial if OCTA had the Council’s (Anaheim’s) input on whether there should even be a rail system prior to the Draft EIR. Mayor Daly. Regardless of Anaheim’s feeling in general, he surmises that Anaheim does need to comment on the EIR ;John Lower. He answered, absolutely. He continued that what he shared with the Council today are the highlights of a 12-page memo which was sent to Planning. Staff is not asking for Council action on those comments. Mayor Daly stated it would be helpful to see what the comments are ;Mr. Lower stated those can be provided. He clarified that they process many environmental documents but staff would not want to bring all those to the Council. (As an aside, Mayor Daly referred to the big housing project proposed at the River and Lincoln where Anaheim is commenting on that project. He is not suggesting anything is wrong, but feels more information would be helpful.) Additional questions were posed relative to the schedule in place wherein Mayor Daly stated that the OCTA is having some conversations about lengthening the schedule. He is just one of 11 OCTA Board Members. It is no secret that in other cities such as Santa Ana there are a lot of questions about mitigation which are even more complicated than Anaheim’s. He asked for clarification that staff is not asking for formal approval from the Council tonight but want to get a “flavor” from the Council as to the various mitigations that staff is suggesting ;Mr. Lower answered that was correct and equally important is the alignment presented because if it is another alignment, the recommendations might change. Council Member Tait. He imagines the proposed alignment would be fine. He relies heavily on staff in that regard but he does not think, even with this alignment, they will have the ridership to support the system and he believes the cost will be heavily subsidized by the taxpayer which money can be used instead for more busses. Mayor Daly. They should not miss the opportunity to comment on the EIR. Subsequently, December 7, 1999 is the date they will be able to give whatever input they want and vote on the matter. John Lower. Planning is incorporating all other commenting departments into one official letter which will be ready in about two weeks. That is the one they would like to share with the Council and send it to OCTA shortly thereafter. Mayor Daly asked if that would be at a workshop or simply share it with the Council and await comments ;Mr. Lower. If the Council would like a workshop they can do so or do it on a one-on-one basis. Mayor Daly. He suggested that they could consider the matter and see what the schedule allows, but that staff let Council review the document first. He thanked staff for the informative and detailed presentation. 2 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 5, 1999 REQUEST FOR CLOSED SESSION: City Attorney Jack White re quested a Closed Session noting first that there were no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to closed Session items. The following items are to be considered at the Closed Session. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 1. 54956.9(a) – Existing Litigation: Name of case : Vista Royale Homeowners Assoc. vs. 396 Investment Co. fka The Fieldstone Company, et al., Orange County Superior Court Case No. 77-30-74, (and related cases). CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 2. 54956.9(c) – Anticipated Litigation: Number of potential cases : one. CONFERENCE WITH LABOR NEGOTIATORS: 3. Agency designated representatives : David Hill, Jim Ruth Employee organization : Anaheim Fire Association, Anaheim Police Association CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 4. 54956.9(a) – Existing Litigation: Majtahed vs. City of Anaheim, et al. Orange County Superior Court Case Name of case: No. 80-23-40 CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 5. 54956.9(a) – Existing Litigation: Name of case : Guillermo vs. City of Anaheim, et al. Orange County Superior Court Case No. 80-18-47 PUBLIC EMPLOYEE PERFORMANCE EVALUATION 6. : Title: City Manager By general consent, the Council recessed into Closed Session. (4:05 P.M.) AFTER RECESS: The Mayor called the meeting to order, and welcomed those in attendance to the Council Meeting. (6:08 P.M.) INVOCATION: Pastor Jimmy Gaston, from the Church of Christ gave the invocation. FLAG SALUTE : Council Member Tom Tait led the assembly in the Pledge of Allegiance to the Flag. PROCLAMATIONS: The following Proclamations were authorized by the City Council: Proclaiming October, 1999 as Escrow Month Proclaiming October 3-9, 1999 Fire Prevention Month Fire Chief, Jeff Bowman accompanied by Robyn Butler, Fire Community Relations Coordinator accepted the Fire Prevention Month Proclamation. The Fire Chief stated he particularly wanted to recognize Robyn and her effort, year long, to enhance fire safety in the community. 3 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 5, 1999 DECLARATION OF RECOGNITION - 1999 INNER CIRCLE AWARD WINNER: A Declaration of Recognition was unanimously adopted by the City Council and presented to Greg Smith, General Manager of the Convention Center recognizing receipt of the 1999 Inner Circle Award by the Convention Center. Greg Smith, General Manager of the Convention Center explained at the request of the Mayor that the award is given by Association Meetings Magazine, the importance of that being it is voted upon by readers of the magazine, i.e., the meeting planners who use Convention Centers throughout the U.S. Even while in a major remodel and construction mode which has created a great deal of havoc, the Anaheim Convention Center was still voted the prestigious award. He also gave an update on the approaching milestones for the Convention Center, the first being the completion of the second phase of the expansion in late December, 1999 leading toward the ultimate completion of the entire project (phase three) in January, 2001. A special event for all the citizens of Anaheim will be an open house at the facility on Saturday, January 8, 1999 which will be held in cooperation with the Anaheim School District. RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: PROCLAMATION proclaiming October 23, 1999, as Make A Difference Day. PROCLAMATION proclaiming October 1999 as National Breast Cancer Awareness Month. PROCLAMATION proclaiming October 15 – November 15, 1999, as Influenza Prevention Month. PROCLAMATION proclaiming October 4 – 8, 1999, as Rideshare Week in Anaheim. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,792,726.89 for the period ending October 5, 1999, in accordance with the 1999-2000 Budget, were approved. ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Linda Lee Grau , 24 Morning Dove, Irvine. Relative to the proposed CenterLine project, she urged the City to extract itself from the proposal because it is a big spender item and she believes it is a bad deal. She also again requested that the City give Savas Roditis his 100 cabs. PUBLIC COMMENTS: N o items of 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 October 5, 1999. Council Member McCracken seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 – A9: On motion by Mayor Daly, seconded by Council Member McCracken , the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Mayor Daly offered Resolutions No. 99R-208 , for adoption.. Refer to Resolution Book. 4 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 5, 1999 A1. 105: Receive and file minutes of the Public Utilities Board meeting held August 5, 1999. 105: Receive and file minutes of the Golf Advisory Commission meeting held August 26, 1999. A2. 173: RESOLUTION NO. 99R- 208 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the submittal of six improvement projects to the Orange County Transportation Authority for funding under the Regional Surface Transportation Program. A3. 160: Accept the bid of PCSTC Inc., d.b.a. Pacific Coast Sightseeing Coach, in an amount not to exceed $36,764 for bus service for the Convention Center, in accordance with the Bid #5985. Council Member Tait. His engineering firm does some work for the applicant. He is, therefore, declaring a conflict and will be abstaining from any discussion or vote. A4. 123: Approve an amendment to a Lease Agreement with Anaheim Museum, Inc., to provide fiscal oversight of City funds granted to the Anaheim Museum and authorize the Mayor and City Clerk to execute said agreement. A5. 123: Approve a contract with Wolf, Keens & Company for the prepa ration of a Cultural Plan for the City, accept a donation by the Anaheim Arts Council of $5,000 and increase revenue and expenditure appropriations by this amount. The following people spoke on this issue (under the Public Comments portion of the meeting) strongly supporting the approval of the subject contract giving their reasons why, a predominant reason being that current funding for the arts (grants, etc.), is not available without a legitimate Cultural Plan. Carol Latham, President of the Anaheim Arts Council, 434 S. Loara St., Anaheim Sarah Alevizon, President, Anaheim Community Foundation Natalie Taormina (speaking on behalf of her father, Bill Taormina) Sally White, 809 W. Broadway, Anaheim Eliza Cason, 1118 S. Keith St., Anaheim – Anaheim Arts Council Miriam Kaywood, Anaheim resident (former Council Member) Council Member Feldhaus referred to a letter received by the Council wherein the person expressed shock that the City did not have a Cultural Plan as well as concern there is opposition to having one. He has not heard any opposition nor has he received any letters or calls opposing the plan or the proposal before the Council tonight. He also has no objection and wanted to clarify the matter for the person who wrote the letter. However, he notes it will cost approximately $108,000 for the Consultant to prepare the plan and questioned if there is some way that cost can be circumvented by using City resources in the Community Services Department to put such a plan together. City Manager Ruth. Staff has worked with the cultural arts group to do an assessment in the City. They felt, however, in order to take it to the next level, they needed to get outside expertise about fund raising, how to coordinate better between the various organizations, get more community feedback and to look more long-range as to what the projected needs are. Staff has done a considerable amount of work and all that work will be utilized as part of the overall report and ultimate recommendation back to the Council. Terry Lowe, Recreation Superintendent. Staff feels it is important that an objective look be taken at the City as a whole. While they feel that some good preliminary work has been done by staff in preparing for 5 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 5, 1999 the process, they feel that an outside source looking objectively is the best return for the investment ;City Manager Ruth. They will monitor the contract very closely, keep track of the expenses and keep them to a minimum for the City. Council Member McCracken recalled approximately six years ago when she was President of the Arts Council, she came before the City Council and expressed concerns that any kind of grant request -- public, private, a major foundation, or major business to fund activities, the first question on the application is, do you have a Cultural Plan, and, please attach it. Without that piece of paper the grant or request is lost. The economic stimulus of the arts is dramatic and has an economic impact on the community. Businesses in downtown are surviving because of the arts with festivals, art shows, craft shows, etc. She believes the time is long past and they should have had a plan in place 20 years ago. The consultant has done cultural plans for Long Beach, San Jose and San Diego and dozens of cities across the country. They will find that the $100,000 is an investment that will quicky be returned to the community in the grants awarded that will support music, dance, theater, etc. There is no great City that does not have great art. She is asking the support of her colleagues on this issue. Mayor Daly. He agrees this is long overdue. The consultant has a great deal to work with already in Anaheim with its existing facilities and cultural programs but it has not been incorporated into a package and in order to qualify for grant monies, they need a plan. He is hoping that the consultant along with the steering committee can come up with ways to celebrate the City’s local heritage in ways that have been overlooked particularly Anaheim’s farming and citrus heritage. He agrees with Council Member Feldhaus to the extent it would be nice to be able to do this with in-house resources but there are also the potential benefits of having an outside expert look at the City and suggest some things that have been overlooked and also comparing and contrasting what has worked elsewhere. He would hope that the consultant can complete the work as soon as possible. Council Member Tait. Anaheim is fortunate to have such a large group of people who are passionate about the arts. They would not have come to this point if it were not for certain people and he would particularly like to commend Council Member McCracken who has taken a leadership role on this issue. He wholeheartedly supports the proposal. Council Member Kring. She too commends the people in the Arts Council and for the part they play in providing the many cultural activities in the City enjoyed by both young and old. She encouraged them to spread the word to get more people come to the the different cultural venues and support the arts. A6. 182: Approve the designation of the Anaheim Private Industry Council (PIC) as the interim Workforce Investment Board. A7. 114: Approve an increase expenditure of appropriations in the City Council Department by $75,000. Council Member McCracken. She is still concerned about this expenditure of $75,000 for nine months for five part-time employees, not including work space, equipment, etc. She is also concerned about the management of the part-time employees. Although not private contractors, the employees would almost have the same kind of independence. She is concerned about the supervision and how much supervision Council Members can give them. They will also be making more per hour than she does. It is an interesting situation to have an assistant making more than the person in charge. Because she is concerned about this expenditure appropriation, she is going to voice a negative vote. A8. 123: Approve the Clean Air Auction Representation Agreement with Cantor Fitzgerald Brokerage and the ACE Market Participation Agreement with Sholtz & Associates and authorize the Public Utilities General Manager to execute the Agreements and any other related documents and take such actions as required to implement and administer the Agreements and 6 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 5, 1999 to purchase Regional Clean Air Incentives Market Trading Credits to meet the requirements of the Anaheim Combustion Turbine Generator for the years 1999 through 2001. A9. 123: Waive Council Policy 306 and authorize the Human Resour ces Director to execute an Agreement with Wellness Solutions to provide a fitness/wellness program for Anaheim Police Officers as provided for in the Memorandum of Understanding between the Anaheim Police Association and the City. (Continued from the meeting of September 28, 1999, Item A15.) Bruce Bottolfson , President, Anaheim Police Association and Detective in the Anaheim Police Department. This is the beginning of a plan they have been working on for the last eight or nine years with the Police Department. In their last contract, they agreed a wellness/fitness program would be in place by January 1. They have had discussions with Wellness Solutions who provide the City’s Health Improvement Program (HIP). They are confident that Wellness Solutions can come to the Police Department and get the ball rolling. They need to encourage their people to get involved. Ten years ago, the City was giving physicals but that has ended and everyone is encouraged to do keep fit on their own. The Department has lost two of their recent Police Chiefs. There are a number of programs in the Police Department. The idea is to get everybody to a level of good physical fitness so they can make it to retirement and be healthy when they get there. He asked that the Council accept this as a positive step to get them where they want to go. They are working on incentive issues and this is a start. It is a budgeted item and they already have money in the system to pay for the proposal. Council Member Tait. Although he supports this program, he is concerned that there doesn’t seem to be a mechanism to measure its success either for the consultant or the program. Mr. Bottolfson mentioned they were trying to get 50% participation. That should also be the goal for the program for it to continue beyond one year. With those types of measurements to determine the success of the program, he can support the proposal. City Manager Ruth. They can develop benchmarks and measure the program on a quarterly basis and report back to the Council. He confirmed for Council Member Feldhaus they will be encouraging all of the employees to get involved, not just those not physically fit. Mayor Daly asked if the program was for sworn officers only ;City Manager Ruth stated it was for APA Members. Mr. Bottolfson interjected and stated it was for APA Members but they would not refuse members of the Police Department who want to get involved. Roll Call Vote on Resolution No. 99R-208 for adoption: AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS : None ABSENT: MAYOR/COUNCIL MEMBERS : None The Mayor declared Resolution Nos. 99R-208 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. PRIVATE INDUSTRY COUNCIL APPOINTMENT: A10. 182: Reappointing Mr. Roy Odom to the Anaheim Private Industry Council (PIC) for a four-year term representing the Private Sector Category as recommended in report dated October 5, 1999 from the Community Development Department. 7 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 5, 1999 MOTION. Council Member McCracken moved to reappoint Roy Odom to the Anaheim Private Industry Council (PIC) for a four-year term representing the Private Sector Category. Council Member Kring seconded the motion. MOTION CARRIED. APPOINTMENT TO THE PLANNING COMMISSION: A11. 105: Appointment to the Planning Commission to fill the unscheduled vacancy of Alden E. Esping, for the term ending June 30, 2002. (Continued from the meeting of September 21, 1999, item A17). Mayor Daly opened nominations. Council Member Kring nominated Kevin Crampton ;Council Member Feldhaus nominated Mary Bouas;Council Member McCracken nominated Craig Arnold. MOTION. On motion by Mayor Daly seconded by Council Member McCracken, nominations were closed. MOTION CARRIED. A roll-call vote was then taken on the nominees in the order in which they were nominated. Kevin Crampton - Ayes: Kring, Tait. Noes: Feldhaus, McCracken. Abstain: Daly. Mary Bouas - Ayes: Feldhaus, Daly. No: McCracken. Abstain: Kring, Tait. Craig Arnold - Ayes: McCracken, Daly. No: Feldhaus. Abstain: Kring, Tait. No one was appointed since none of the nominees received the required three affirmative votes. Mayor Daly. He suggested that the Council vote again or continue the appointment to the next meeting. He has not had a chance to talk to one of the individuals and he would like the opportunity to do so. MOTION. On motion by Mayor Daly seconded by Council Member Kring, the appointment to the Planning Commission was continued to October 19, 1999. MOTION CARRIED. ORDINANCE FOR INTRODUCTION: A12. 142: ORDINANCE NO. 5704 (INTRODUCTION ) AN ORDINANCE OF THE CITY OF ANAHEIM repealing and adding chapter 1.09 of Title 1 of the Anaheim Municipal Code relating to Campaign Reform. Shirley Grindle , 5021 E. Glen Arran , Orange. She hopes the Council tonight finally “bites the bullet” and repeals the existing campaign ordinance and replaces it with the much-improved one. In fact, it is so improved, she has been asked by Sonoma County Board of Supervisors to talk to them about an ordinance and she is using the Anaheim ordinance as a model. However, she has one request. She has submitted a proposed addition to Section 1.09 – Disclosure of Name, Occupation and Employer of Contributor (made a part of the record). It is true that State law requires this information but if there are violations locally, if that section is not included, it is going to force people who find those violations to file complaints against the offender at the State level. With this section, there can be local enforcement without it being a “big deal”. She then briefed what the provision would now allow which answered a concern previously expressed by Council Member Feldhaus. She complimented the Council in the fact that, looking at all their statements, she does not recall any missing the information in the last two or three reporting periods. There are always problems with new candidates and she would rather deal with those situations at the City level. She urged adoption of the new ordinance and that the addition be included. 8 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 5, 1999 Linda Lee Grau , 24 Morning Dove, Irvine. Laws have unintended consequences. Abide by State law and do not pass the proposed ordinance. Council Member Kring first asked the City Attorney if he received a copy of the information submitted by Ms. Grindle ;City Attorney White stated he did not receive that tonight unless it is similar to something he received before. (He confirmed it was something he had seen previously.) Council Member Kring asked if the Council did not enact this as part of the ordinance what the outcome would be ;City Attorney White. The requirement is still there under State law but the only enforcement mechanism for any violation would be through the Fair Political Practices Commission. Otherwise, a person seeking compliance could come to the City Attorney and lodge a complaint and then, under the terms of the ordinance, he would contact the candidate or office holder and seek to get compliance. He clarified for Council Member Kring, if it is left to the State, they have the ability to impose sizeable fines. If he were handling the matter at the local level, he would merely contact the individual indicating they had not filled in the required information but would have 30 days to do so. That would end the matter. The current ordinance has it in a different form. It prohibits the deposit of money in the account unless the candidate has that information. Council Member Kring. The Council would have to include the provision to get the local control ;City Attorney White. If the Council wishes to add that section, the ordinance could be offered with the provision added as a new 1.09.115 which would avoid renumbering, introduce the ordinance as is , or offer both versions and decide at the next meeting. After questions by Council Members Kring and McCracken, he confirmed they could offer the ordinance as it was prepared by his office and if they later want to make a change to add the provision, they would then have to reintroduce it. The other option is to adopt the ordinance and subsequently consider the proposed addition as an amendment. Mayor Daly asked if it is the intent to introduce the ordinance with the amendment presented ;Council Member Kring stated she is not comfortable with the proposed amendment. It states Form 460 which she believes should be 490 and also includes the option that the contribution inappropriately accepted be given to the General Fund. She would like to have that language stricken. (It was later confirmed by the City Attorney that Form 460 will be replacing Form 490). Council Member Kring offered Ordinance No. 5704 for first reading as prepared and recommended by the City Attorney without the added provision at this time. ORDINANCE NO. 5704 : (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING AND ADDING CHAPTER 1.09 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO CAMPAIGN REFORM. Council Member McCracken stated they can later further address the issue of the proposed addition. Mayor Daly. The final reading (adoption) of the ordinance will take place at the next meeting and 30 days thereafter the ordinance becomes law. ITEMS B1 – B13 FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 13, 1999 – INFORMATION ONLY APPEAL PERIOD ENDS OCTOBER 5, 1999: VARIANCE NO. 4371 AND CEQA CATEGORICAL EXEMPTION-CLASS 11 B1. 179: OWNER: Endowment Realty Investors, 3501 Jamboree Rd. #100, Newport Beach, CA 92660 AGENT: Quality Project Coordinating, Attn: Joyce Sehi, P.O. Box 2653, Costa Mesa, CA 92628 9 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 5, 1999 LOCATION: 5600 East Santa Ana Canyon Road. Property is 10.63 acres located at the southwest corner of Santa Ana Canyon Road and Imperial Highway (Crossroads Shopping Center). Waiver of permitted wall signs to construct one additional wall sign. Continued from the Commission meeting of August 16, 1999. ACTION TAKEN BY THE PLANNING COMMISSION: VARIANCE NO. 4371 DENIED (PC99-159)(5 yes votes, 1 absent, 1 vacant seat). WAIVER OF CODE REQUIREMENT B2. 179: CONDITIONAL USE PERMIT NO. 3235 AND CEQA NEGATIVE DECLARATION OWNER: Don V. and Garnet A. Edmunds, 1300 South Anaheim Boulevard, Anaheim, CA 92805 AGENT: Harris Architects, Attn: L. William Pettett, 2120 Main Street, Suite 230, Huntington Beach, CA 92648 LOCATION: 1381 East Auto Center Drive. Property is 2.34 acres located north of the westerly terminus of Auto Center Drive, 1,400 feet west of the centerline of Phoenix Club Drive ( Hardin Honda). To construct a new display canopy, enclose an existing canopy and construct a new mezzanine storage area within an existing auto sales and repair facility with waivers of (a) maximum height of freestanding sign, (b) minimum sight distance requirements for freestanding signs (deleted) and (c) minimum number of parking spaces (deleted). ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3235 APPROVED in part, (PC99-160) (5 yes votes, 1 absent, 1 vacant seat) Waiver of Code Requirement Approved in part. Negative Declaration previously approved. CONDITIONAL USE PERMIT NO. 3855 AND NEGATIVE DECLARATION B3. 179: OWNER: A.S. Investments, 1985 Santa Cruz Street, Anaheim, CA 92805 AGENT: Leon Alexander, 558 South Harbor Boulevard, Suite 100, Anaheim, CA 92805 LOCATION: 1895 South Santa Cruz Street. Property is 2.44 acres located at the northwest corner of Standford Court and Santa Cruz Street (Global Cellular). To modify or delete conditions of approval pertaining to temporary sidewalks and landscaping for two industrially-related sales and office uses in an existing industrial building. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3855 APPROVED amendment to conditions of approval, (PC99-161)(5 yes votes, 1 absent, 1 vacant seat) Negative Declaration previously approved. CONDITIONAL USE PERMIT NO. 4149 AND NEGATIVE DECLARATION B4. 179: OWNER : A.J. Daw Printing Ink Company, 3559 South Greenwood Avenue, Los Angeles, CA 90040 AGENT : Hertz Equipment Rental Corp., Attn: Mark Bonner, 225 Brae Boulevard, Park Ridge, New Jersey 07656 Philip L. Anthony, 14101 La Pat Place, Unit 10, Westminster, CA 92683 LOCATION : 3030-3040 East Miraloma Avenue. Property is 4.66 acres located on the south side of Miraloma Avenue. To permit a large equipment storage, repair and rental agency. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4149 GRANTED for 10 years, to expire 9/13/2009 (PC99-162) (5 yes votes, 1 absent, 1 vacant seat) Approved Negative Declaration 10 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 5, 1999 CONDITIONAL USE PERMIT NO. 4055 AND NEGATIVE DECLARATION B5. 179: OWNER: Free Methodist Church of Anaheim, 1171 North West Street, Anaheim CA 92802 AGENT: Pastor Stan Managbanag, 1171 North West Street, Anaheim, CA 92802 LOCATION : 1171 North West Street. Property is 2.08 acres located on the west side of West Street, 388 feet south of the centerline of Romneya Drive (Free Methodist Church of Anaheim). To amend conditions of approval pertaining to the maximum number of children (30 permitted; 47 requested) and the hours of operation (6:30 a.m. to 6:30 p.m. Monday through Friday permitted; 6:00 a.m. to 6:30 p.m. requested) for a previously-approved child day care facility in conjunction with a church facility. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4055 APPROVED amendment to conditions of approval (PC99-163) (5 yes votes, 1 absent, 1 vacant seat) Negative Declaration previously approved. B6. 179: CONDITIONAL USE PERMIT NO. 4147 AN D NEGATIVE DECLARATION WAIVER OF CODE REQUIREMENT OWNER: Ronald Richard Preissman, 1804 Angelo Drive, Beverly Hills, CA 90210 AGENT: Ronald A. Schultz, 25322 Mosswood Way, Lake Forest, CA 92630 LOCATION : 1155 East Orangethorpe Avenue. Property is 0.51 acre located at the northwest corner of Raymond Avenue and Orangethorpe Avenue (Del Taco). To construct a fast food restaurant with waivers of (a) minimum number of parking spaces and (b) minimum drive-through lane requirements. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4147 GRANTED (PC99-164) (5 yes votes, 1 absent, 1 vacant seat). Waiver of code requirement APPROVED Approved Negative Declaration. CONDITIONAL USE PERMIT NO. 4148 AND NEGATIVE DECLARATION B7. 179: OWNER: Robert Zucherman, 1714 Glen Oaks Drive, Santa Barbara, CA 93108 AGENT: Hung Van Le, 601 South Magnolia Avenue, Anaheim, CA 92804 LOCATION : 601 South Magnolia Avenue. Property is 0.46 acre located at the southwest corner of Orange Avenue and Magnolia Avenue ( Le’s Automobile). To permit and retain an existing auto repair facility in a former service station. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4148 GRANTED for 5 years to expire 9/13/2004 (PC99-165) (5 yes votes, 1 absent, 1 vacant seat). Approved Negative Declaration CONDITIONAL USE PERMIT NO. 4150 B8. 179: WAIVER OF CODE REQUIREMENT AND NEGATIVE DECLARATION OWNER: Theodore Todoroff, 929 North Anaheim Boulevard, Anaheim, CA 92805 AGENT: Aloraham Zraiz, 909 North Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 909 North Anaheim Boulevard. Property is 0.35 acre located at the northwest corner of La Verne Street and Anaheim Boulevard (Car Stereo Warehouse). To permit and retain an automotive stereo sales and installation facility with waiver of minimum number of parking spaces (deleted). ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4150 GRANTED, in part, for 3 years, to expire 9/13/2002 (PC99-166) (5 yes votes, 1 absent, 1 vacant seat). Waiver of Code Requirement Denied Approved Negative Declaration. 11 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 5, 1999 RECLASSIFICATION NO. 99-00-07 AND NEGATIVE DECLARATION B9. 179: OWNER: Chibueze J. and Sharon K. Dallah, 17389 East Briardale Lane, Yorba Linda, CA 92886 LOCATION: 1429 and 1433 East Lincoln Avenue. Property is 0.63 acre located on the north side of Lincoln Avenue, 160 feet east of the centerline of La Plaza. To reclassify the subject property from the RS-A-43 ,000 (Residential/Agricultural) and RS-7200 (Residential, Single-Family) Zones to the CL (Commercial, Limited) Zone. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 99-00-07 DENIED, (PC99-167) (5 yes votes, 1 absent, 1 vacant seat) Denied Negative Declaration CONDITIONAL USE PERMIT NO. 4035 AND NEGATIVE DECLARATION: B10. 179: OWNER: Alex Bahrami, 329-331 North State College Boulevard, Anaheim, CA 92806 AGENT: Robert D. Michelson, P.O. Box 932, Orange CA 92856 LOCATION: 329-331 North State College Boulevard. Property is 0.37 acre on the west side of State College Boulevard, 150 feet south of the centerline of Redwood Avenue (Kris Kars). To consider reinstatement of this permit which currently contains a time limitation (approved on August 18, 1998 until August 18, 1999) to retain an existing automobile sales lot with a maximum of five (5) display vehicles. ACTION TAKEN BY THE PLANNING COMMISSION: CUP No. 4035 APPROVED reinstatement, to expire 8/18/2000 (PC99-168) (5 yes votes, 1 absent, 1 vacant seat) Negative Declaration previously approved. CONDITIONAL USE PERMIT NO. 3841 AND NEGATIVE DECLARATION B11. 179: OWNER: Tarek Berri, 260 South Euclid Street, Anaheim, CA 92805 AGENT: Michael Obert, 12188 Central #323, Chino, CA 91710 LOCATION: 2180 West Ball Road. Property is 0.52 acre located at the southeast corner of Brookhurst Street and Ball Road. To amend or delete conditions of approval pertaining to location of outdoor public telephones. ACTION TAKEN BY THE PLANNING COMMISSION: CUP No. 3841 DENIED request to amend the conditions of approval pertaining to the location of outdoor public telephones (PC99-168) (5 yes votes, 1 absent, 1 vacant seat) Negative Declaration previously approved. CONDITIONAL USE PERMIT NO. 2231 AND NEGATIVE DECLARATION: B12. 179: OWNER: American S.K. Trading Company, Attn: Wenyi Zhang, President, Inc., 831 South Beach Boulevard, Anaheim, CA 92804 AGENT: Tom and Wen Yi Zhang, 831 South Beach Boulevard, Anaheim, CA 92804 LOCATION: 831 South Beach Boulevard. Property is 0.65 acres located on the west side of Beach Boulevard (Rainbow Inn). To amend or delete conditions of approval pertaining to required security. ACTION TAKEN BY THE PLANNING COMMISSION: CUP No. 2231 request to amend or delete conditions of approval was WITHDRAWN. REPORTS AND RECOMMENDATIONS 12 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 5, 1999 CONDITIONAL USE PERMIT NO. 3490 – REQUEST INITIATION OF REVOCATION OR B13. 179: MODIFICATION PROCEEDINGS : City-initiated (Planning Department), 200 South Anaheim Boulevard, Anaheim, CA 92805, request to initiate revocation or modification proceedings for Conditional Use Permit No. 3490 (permitting on premises consumption of alcoholic beverages in conjunction with a semi-enclosed restaurant with waiver of minimum landscape setback adjacent to a scenic highway). Property is located at 701 South Weir Canyon Road, Suite 101. ACTION TAKEN BY THE PLANNING COMMISSION: Initiated revocation or modification proc eedings. END OF PLANNING COMMISSION ITEMS FROM SEPTEMBER 13, 1999. ITEMS B14 – B15 FROM THE ZONING ADMINISTRATOR MEETING OF SEPTEMBER 23, 1999 – DECISION DATE: SEPTEMBER 30, 1999 INFORMATION ONLY – APPEAL PERIOD ENDS OCTOBER 11, 1999: SPECIAL CIRCUMSTANCE WAIVER NO. 99-03 B14. 179: OWNER: Anaheim Chevrolet, Attn. John A. Dorming, 215 South Euclid Street, Anaheim, CA 92808 LOCATION 215 South Euclid Street : : This irregularly-shaped 7.7 acre property, located at the southwest corner of Lincoln Avenue and Euclid Street, has frontages of 125 feet on the south side of Lincoln Avenue and 720 feet on the west side of Euclid Street (Anaheim Chevrolet). Request a Special Circumstance Waiver to permit flags and banners for one year for an existing automobile retail dealer in the CL (Commercial, Limited) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: APPROVED SPECIAL EVENTS PERMIT for a period of two (2) years to expire 9/23/01. SPECIAL CIRCUMSTANCE WAIVER NO. 99-04 B15. 179: OWNER: Hussein Berri, 8221 Garden Grove Boulevard, Garden Grove, CA 92844 LOCATION: 1199 South State College Boulevard : Property is a 0.5 acre rectangularly- shaped parcel located at the northwest corner of Ball Road and State College Boulevard, having frontages of 150 feet on the north side of Ball Road and 150 feet on the west side of State College Boulevard (Mobile Service Station). Requests a Special Circumstance Waiver to permit issuance of Special Events Permit for an existing service station with a convenience market in the ML (Limited, Industrial) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: APPROVED SPECIAL EVENT PERMIT over a period of two (2) years to expire 9/23/01. Mayor Daly posed questions for purposes of clarification relative to the rationale and thinking of the Zoning Administrator in approving the foregoing Special Circumstance Waivers No. 99-03 and 99-04. Council Member Feldhaus also posed questions regarding specific Code requirements relating to such requests; Zoning Administrator, Annika Santalahti, answered the questions posed. ITEM B16 FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 27, 1999 – INFORMATION ONLY APPEAL PERIOD ENDS OCTOBER 7, 1999: REQUEST FOR DETERMINATION OF CONFORMANCE WITH THE ANAHEIM B16. 155: GENERAL PLAN : County of Orange, Public Facilities & Resources Department, Attn: John D. Paulik, Chief of PFRD Right-of-Way Processing, 300 N. Flower Street, Santa Ana, CA 92702, requests a determination of conformance with the Anaheim General Plan for the proposed sale of County property. Subject property is generally located in the northwest quadrant of the SR-91 13 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 5, 1999 (Riverside) Freeway/ Kraemer Boulevard interchange at the Carbon Creek Diversion Channel crossing. ACTION TAKEN BY THE PLANNING COMMISSION: Determined to be in substantial conformance w ith the Anaheim General Plan. END OF PLANNING COMMISSION ITEMS FROM SEPTEMBER 27, 1999. PUBLIC HEARING - WAIVER OF CODE REQUIREMENT D1. 179: CONDITIONAL USE PERMIT NO. 4145 AND NEGATIVE DECLARATION OWNER: Ming International Group, c/o Partners Realty Group, Attn: Wendy Wild-Myers, 5405 Alton Pkwy ., #631, Irvine, CA 92614 AGENT: Jasvinder & Rajinder Singh, 8663 East Silver Ridge Lane, Anaheim, CA 92808 LOCATION: 5247 East Orangethorpe Avenue. Property is 1.47 acres located at the northeast corner of Orangethorpe Avenue and Post Lane. To permit a day care center with a maximum enrollment of 84 children with waiver of (a) minimum setback for institutional uses adjacent to residential zones and (b) minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4145 DENIED (PC99-157) WAIVER OF CODE REQUIREMENT APPROVED, in part (5 yes votes, 1 no vote, 1 absent) Approved Negative Declaration. Informational item at the meeting of August 24, 1999, Item B16. Letter of appeal submitted by Charles and Linda Malone. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News : September 23, 1999 Mailing to property owners within 300 feet : September 23, 1999 Posting of property : September 24, 1999 Greg Hastings, Zoning Division Manager. He briefed the Staff Report to the Planning Commission dated August 16, 1999 which described the proposal to permit a day care center with a maximum enrollment of 84 children. Two previous CUP’s were approved on the property, one approved in March, 1997 which expired in March, 1999 and the other approved by the Council in January of 1998 for a private school (no longer in operation). Both included the same outdoor play area but with a condition that there be no more than 10 children at one time utilizing that area. The subject proposes a maximum of 24 children be permitted in the play area at any time. Staff continues to recommend denial as they have on the last two requests due to the close proximity of the playground to the residents to the north and east. Mayor Daly opened the Public Hearing. Mr. Ramon Libonao, Coldwell Banker, stated he is representing Charles and Linda Malone (the appellants) who are not present tonight. Unfortunately, the building owner had a death in the family and also could not be present, Wendy Wild-Myers who represents Ming International. He is present to ask for a continuance. He also submitted a letter from Ms. Wild-Myers to the Council. City Attorney White. Because the request for the continuance is coming from the appellant, in this case, he would recommend that they honor the request and continue this item for a minimum of two weeks since there is no meeting scheduled next week. 14 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 5, 1999 Mayor Daly asked if he is aware the appellant is also the applicant ;Mr. White stated the situation is somewhat unclear. The Malones submitted the appeal , the original applicants were the Singhs as agents for the Ming group. Regardless, it is prudent to grant a continuance in this case. The Malones apparently want to operate the facility and they are either the defacto or actual applicant. Mr. Libonao stated the continuance will allow them to address the issue between the Malones and the Singhs. Mayor Daly. They will need to know at some point staff’s understanding on whose name the CUP is proposed to be in ; Greg Hastings. The Ming International Group is the actual applicant and whoever they assign as their agent. MOTION. Council Member Tait moved to continue the subject Public Hearing for two weeks. Council Member Kring seconded the motion. Before a vote was taken, the Mayor asked if there was anyone present who has a problem with the continuance. Mr. Jasvinder Singh, 8663 East Silver Ridge Lane, Anaheim. They are the applicant for the property and would like to continue the Public Hearing as well. When they applied for the permit, there was some confusion when they came to the City and requested information on the property. He believes they were not given all the proper information at the time and that is why in the process after the Planning Commission hearing they did not appeal. They have sent a letter to Mr. Hastings regarding that and have not yet received a reply. They would like to get some clarification and response from the City on that aspect. Mayor Daly. Speaking to Mr. Singh stated that he is welcome to follow up with Planning staff on any questions about the process during the period of continuation; City Attorney White. This matter will be continued by the motion on the floor to two weeks from today, October 19, 1999 at 6:00 P.M. There will be no further written notice given about the next hearing. If Mr. Singh would like additional information from the Planning Department, he can get that tomorrow morning from Mr. Hastings. A vote was then taken on the foregoing motion. MOTION CARRIED. PUBLIC HEARING – ABANDONMENT NO. 99-15A D2. 176: In accordance with application filed by Walgreen Co., Evergreen Devco, Inc., 200 North Maryland Avenue, Suite 201, Glendale, CA 91206, a Public Hearing was held on the proposed abandonment of a portion of a City alley located north of Lincoln Avenue and east of State College Boulevard, pursuant to Resolution No. 99R-186 duly published in the North Orange County News and notices thereof posted on accordance with law. At their meeting held September 14, 1999, Item A3, the Anaheim City Council adopted Resolution No. 99R-186 declaring its intention to vacate certain public streets, highways and service easements and setting a date and time to approve the abandonment o f a portion of a City alley located north of Lincoln Avenue and east of State College Boulevard (Abandonment No. 99-15A). PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News : September 23, 1999 Mailing to property owners within 300 feet : September 23, 1999 Posting of property : September 24, 1999 15 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 5, 1999 Council Member Tait. His engineering firm does work for Evergreen Devco, Inc. He is declaring a conflict and will, therefore, be abstaining from any discussion or decision on this matter. Council Member Tait left the Council Chamber temporarily (7:50 P.M.). Natalie Meeks, Civil Engineer, Public Works Department. Walgreens has acquired several properties and intends to consolidate the properties and redevelop the subject corner. As part of that, there is a portion of the alley that will no longer be required. The matter has been discussed with Walgreens and staff recommends abandonment of the alley in exchange for that property. They are making right-of-way dedication along the frontage of the property on State College to accommodate future street widening. The alley runs behind the homes that front on Lincoln. They have acquired two of the single-family homes that will be incorporated in the commercial center. That part of the alley is no longer required. Council Member Feldhaus asked where do those homes take access for parking ;Natalie Meeks. The two homes on the end where the alley is being abandoned have been acquired by Walgreens. They will be demolished and the property incorporated into the commercial center. They are dedicating a new location for that bend in the alley. The cross-hatched area on the drawing in the staff report shows the alley that is being abandoned. Mayor Daly. He asked if the proposed new commercial development requires a discretionary permit to come before the Planning Commission and City Council ;Natalie Meeks. They would have to come to the City Council to rezone the properties. Relative to the commercial center, it depends on the zoning and the uses they intend to put there. If it is general commercial, she does not believe they would need a CUP, but if special uses that fall under a CUP, they would need to come back. Mayor Daly. It is part and parcel of a proposed commercial center. He is not comfortable approving the one without knowing what the other is going to be. It is good news that there is a proposed new commercial center but what shape it is going to take, the circulation, etc., is something he is concerned about. He is having a hard time envisioning how they are going to incorporate those. Natalie Meeks. The strip mall is where the liquor store and tennis store are located. That all goes away and the project will incorporate the whole corner. She clarified they will be tearing down the new small Walgreens building and incorporating all into a larger commercial center. City Attorney White. If the Council is not comfortable acting on the abandonment tonight, they could continue it to the next meeting and ask for further information from the property owner ;Mayor Daly asked, if they approve this abandonment, does it in any way affect the review of the commercial project. City Attorney White. It does not predetermine any action the Council would have to take with regard to the commercial project. Since it is not known at this time what the commercial project may require in terms of a discretionary permit, they cannot tell what review , if any, the Council will have. If they approve the abandonment, they are not committed to approve zoning or a CUP or any other discretionary action. Upon additional questioning, Ms. Meeks noted that the Project Manager was present to speak to the issue. Mayor Daly opened the Public Hearing. Mr. Tim O’Neill, Evergreen Devco, Inc., 2920 E. Cambelback Rd., Ste. 100, Phoenix, Arizona 85016. For this project, they have worked through a General Plan Amendment, a reclassification and administrative variance for parking, all three of which have been approved on the condition that this be the final development of the redevelopment of the corner. Everything on the site plan will be combined by lot merger. The alley will be pushed to the east and rerouted up to Cempla Way and Ward Terrace. The traffic flow that exists currently between the small Walgreens, the strip center and Cempla Way and 16 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 5, 1999 Ward Terrace will be cut off. That is another condition that has been seen as an improvement to the neighborhood. Mayor Daly. This is the first he has seen of the new plan. The Council has reviewed the GPA’s and rezonings, but not a specific new plan for the corner. Tim O’Neill. The exact plan (submitted) has been the plan that was submitted to support the GPA through prefile application and in working with the staff throughout the process. If the GPA is approved and it is the appropriate zoning, it would proceed directly through plan check. There was discretionary review through the prefile and the three stages. Greg Hastings. This would not require a CUP. It is permitted by right. What has come before the Commission and the Council is the GPA and rezoning and there was an Administrative Adjustment which was a slight variation on the parking. The arrangement and design of the property has been reviewd by staff and complies 100% with code. Relative to the landscape, that is something staff looks at during the plan check process to make sure it is properly dimensioned. The signage meets code as well. It is his understanding the applicant is interested in removing and redesigning the signage. They felt as staff did that it was not as attractive as it could be. That would be an administrative process since it is a permitted use. The applicant voluntarily changed the signage. It does meet code and staff has reviewed that and worked with the applicant ;Mr. O’Neill stated they have actually submitted changes and they have been approved verbally but they will have to resubmit those for plan check. Mayor Daly asked if anyone else wished to speak. Linda Lee Grau , 24 Morning Dove, Irvine. Sometimes property is so overregulated by Government, in effect , the property owner no longer has control of the property. Tim O’Neill. They made a dozen trips to knock on doors in the neighborhood to talk to different business owners. It is a distinct improvement to the intersection. He also thanked staff for being responsive. In his opinion, this is a good example of an intention of government that works to the benefit of everyone involved. Mayor Daly closed the Public Hearing. ENVIRONMENTAL IMPACT REPORT – CATEGORICAL EXEMPTION : On motion by Mayor Daly, seconded by Council Member Mccracken, the City Council finds that the proposed activity fall within the definition of sections 3.01 Class 5 of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt for the requirements to file an EIR. Council Member Tait was absent. MOTION CARRIED. Mayor Daly offered Resolution No. 99R-209 for adoption. Refer to Resolution Book. RESOLUTION NO. 99R-209 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS (ABANDONMENT NO. 99-15A). Roll Call Vote on Resolution No. 99R-209 for adoption: AYES: MAYOR/COUNCIL ME MBERS : Feldhaus, Kring, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS : None ABSTAINED/ABSENT: MAYOR/COUNCIL MEMBERS : Tait The Mayor declared Resolution No. 99R-209 duly passed and adopted. 17 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 5, 1999 Council Member Tait entered the Council Chamber (8:05 P.M.). REPORT ON CLOSED SESSION ACTIONS: C1. City Attorney Jack White stated that there are no actions to report. Mayor Daly. As recommended by the City Attorney, he will be asking the Council to again recess to Closed Session so that they can continue their review of Council appointees. No action is anticipated. Also upon the City Attorney’s recommendation, he is offering the following motion: MOTION. Mayor Daly moved that the annual evaluations and possible salary adjustments for all City Council appointees be continued to the Closed Session portion of the meeting of October 19, 1999. Council Member Tait seconded the motion. MOTION CARRIED. COUNCIL COMMENTS: Mayor Daly : It is the intent of the Council when tonight’s Council Meeting is adjourned, to adjourn in memory of Erik Jarvi, son of Chris Jarvi, Director of Community Services and his wife Sylvia. Erik passed away last Thursday at the age of 28. They are grieving for his mother and father who the Council has known for a long time. Their thoughts are with Chris, his family and friends. RECESS - CLOSED SESSION: Mayor Daly moved to again recess to Closed Session. Council Member Kring seconded the motion. MOTION CARRIED. (8:07 P.M.) AFTER RECESS: Mayor Daly called the meeting to order, all Council Members being present ( prox. 9:00 p.m.). ADJOURNMENT: By general Council consent, the City Council Meeting of October 5, 1999 was adjourned in memory of Erik Jarvi ( prox. 9:01 p.m.). SHERYLL SCHROEDER CITY CLERK 18