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1999/08/17ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 17, 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 CITY CLERK: Sheryll Schroeder ASST. CITY CLERK: Ann Sauvageau PLANNING DIRECTOR: Joel Fick ZONING ADMINISTRATOR: Annika Santalahti TRA FFIC/TRANSPORTATION MANAGER: John Lower A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:00 p.m. on August 13, 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 August 17, 1999 to order and welcomed those in attendance on the two scheduled presentations (3:11 P.M.). City Manager, James Ruth. The first presentation will be given by the Southern California Association of Governments ( SCAG) on their “Livable Places” initiative. He introduced Mr. Joe Carrera. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS ( SCAG) – LIVABLE PLACES INITIATIVE: Mr. Joe Carrera, Comprehensive Planning, SCAG. The goal of the initiative is to try to encourage community pride and identity in Southern California through good urban planning emphasizing pedestrian friendliness areas, transit orientation, and a mix of uses without driving. As outlined in the brochure submitted (see, SCAG’s Livable Places Initiative – Your Connection to a More Livable California) the livable place definition is – “A healthy mix of homes for all economic groups, shops, work places, parks and civic institutions, all within walking distance of each other, linked to public transportation and a center human in scale.” Mr. Carrera then presented a video – “Creating Livable Places” – which showed the “restoration” of Old Pasadena and Old Monrovia, two of the communities which personify the goals of the SCAG initiative. SCAG has also developed a guide book providing a wide range of "tool box” approaches to develop the support needed locally to accomplish the goals outlined. He then introduced Bob Giancone. Council Member Tait entered the Council Chamber (3:30 P.M.) Mr. Bob Giancone, SCAG. His presentation defined what SCAG is doing with respect to the livable communities program and how Anaheim can take advantage of such a program (seeks to develop guidebooks, working guides and implementation tools, develop methodologies, assess their impacts, i.e., vehicle trips, emission reductions, etc., develop more outreach). After his presentation, he introduced Richard Bishop. Mr. Richard Bishop, Policy Research and Planning. His presentation, supplemented by slides, focused on “Smart Growth Strategies to Accommodate Orange County’s Future” (see booklet submitted along with the hard copies of the slides – made a part of the record) and included the following: Setting the Stage – Orange County growth now and in the future, Anaheim’s growth, the regional picture (in the next 20 years, Orange County is going to add 6.7 million to the existing population), smart growth applications ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 17, 1999 (create/maintain community identity in the urban setting, enhance the pedestrian experience, plan for transit-oriented development and balanced transportation opportunities, re-examine regional policies, implementation barriers and obstacles). At the conclusion of his presentation, Mr. Bishop answered questions posed by Council Members. Mayor Daly thanked the representatives from SCAG and Mr. Bishop for the informative presentation. He also asked that the material provided be shared with the Downtown Business Association noting that Council Member Feldhaus has suggested that perhaps a presentation can be given to the Association in the future. City Manager Ruth. The second presentation today is on the CenterLine Land Use Action Plan. Mr. Joel Fick, Planning Director will open the presentation with some preliminary comments. CENTERLINE LAND USE ACTION PLAN: Joel Fick, Planning Director. Staff has been making a concerted effort to keep the Council apprised of activities relative to the CenterLine Project. The workshop will provide an overview of the action plan related to land use activities with the project. Last month, John Lower (Traffic and Transportation Manager) briefed the Council on potential alignments. Staff has been working closely with OCTA (Orange County Transportation Authority), Public Works and Redevelopment staff to prepare the action plan they will be hearing about today. Linda Johnson, Senior Planner, who has taken the lead role in the land use project, will give the presentation followed by a presentation from OCTA. The presentation is for information purposes only and no action is being requested. It is important to emphasize that there is no commitment with this plan for any changes to land use. It sets in motion the manner in which the land uses will be addressed in the process. Linda Johnson, Senior Planner. The purpose of the presentation today is to provide an overview of the traffic action plan prepared by City staff and consultants. It presents a strategy of steps that will need to take place and does not require any action. A copy of the plan has been provided. The presentation was shared with the Planning Commission at a workshop held yesterday. There were no recommendations made at that time but they will be providing a recommendation later this month prior to the final action plan being submitted in September. She then introduced Dinah Minteer, Manager, Urban Rail, OCTA and Marsha Bousquet, Associate, IBI Group who will make the presentation. Dinah Minteer, Manager, Urban Rail, OCTA. She gave a brief overview of the project, where the project stands today and where the process will lead through December when they are looking for the OCTA Board and the cities to make a decision on the CenterLine Project. She also outlined the prupose of the study and the steps to be taken. When the study is completed in December, the activities will provide the OCTA Board and the corridor cities with the information necessary to make two fundamental decisions -- first, whether or not to proceed with the CenterLine Project and, secondly, if they choose to proceed, what is the preferred alignment to take through preliminary engineering. Her presentation, supplemented by slides, (hard copies of which were provided in the booklet entitled, City of Anaheim CenterLine Action Plan – made a part of the record), covered a briefing of the Milestones (from June, 1998 through Nov/Dec 1999) determining the Locally Preferred Alternative ( LPA ), specifically Milestone 5 (May 1999 Land Use & Joint Development) which they are discussing today and Milestone 7. They are looking for staff to come up with a recommended alignment in November, seek City input during that period, and then take that to the OCTA Board in December for a decision. In concluding her presentation, she deferred to Marsha Bousquet of the IBI Group. Council Member McCracken left the Council Chamber (3:55 P.M.). Marsha Bousquet, Associate, IBI Group. Her presentation (also supplemented by slides, hard copies of which were submitted and contained in the aforementioned submittal) covered a more detailed explanation of Milestone 5 (Transit Supportive Development Guidelines) and Milestone 7 (relating to the Environmental Impact Report deadlines). The balance of the presentation covered the following with a briefing of each: What is transit supportive development? (explanation and principles involved), a description/purpose/criteria of neighborhood stations, town center stations, activity center stations, 2 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 17, 1999 transportation center stations, special event stations, and closing with a detailed explanation of the CenterLine Action Plan (purpose, background, and a briefing of the six steps involved in developing/implementing the Plan). Ms. Bousquet concluded with a briefing of the (tentative) CenterLine Action Plan Schedule and also answered questions posed by Council Members. Joel Fick, Planning Director. Staff believes what the Council has heard today is a sound strategy toward moving ahead with addressing how they are going to do land use planning in and around the station areas. Staff is comfortable with the action plan OCTA has formulated and staff plans on bringing that back to Council tentatively on September 14, 1999. If the Council has any information they would like to give to staff between now and September 14, they would be happy to hear that as well. Mayor Daly. He asked, if Anaheim is comfortable with the proposed route and if OCTA decides to move forward, is staff and the Planning Director comfortable that the stations identified can be made to work, the opportunities, possibilities, etc. Joel Fick. Right now, that is the case. That is what Public Works, Planning and Redevelopment is currently doing in setting forth the action plan. Moving forward with the land use study will be the key. They feel they are on the right track and it is a good strategy in order to move forward. He then clarified th for Council Member Tait that the September 14 date is when staff will be taking to the Council, on the Consent Calendar, an item asking the Council to address the land use planning aspect relative to the string of “ifs” the Mayor identified. This is the strategy to address land uses in and around the vicinity of those stations. John Lower, Traffic & Transportation Manager. Separate from the land use matter is the decision on the Locally Preferred Alternative ( LPA ) scheduled for December 7, the date when the Council could decide the LPA is the no-build alternative or some combination of the fully elevated or street level alternatives 1 and 2 which staff briefed in a recent workshop. He explained for Council Member Tait that the land use actions are contingent upon the OCTA Board making a decision to move forward with the project. Staff would work with the community to explore the various land use potentials. He also explained why OCTA needs the information before the alignment is set. Mayor Daly thanked staff and the representatives from both OCTA and IBI for the informative presentation. REQUEST FOR CLOSED SESSION: City Attorney, Jack White. He announced there is one addition to the Closed Session Agenda which, of necessity, needs to be acted upon before the next Council Meeting and which was not known at the time the agenda for today’s meeting was prepared and posted. The item is, Jones vs. Wells Fargo Bank – United States District Court Case No. SA CV 98- 95DOC. Council Member Tait. He also requested that another item be added to the Closed Session agenda, a discussion relating to Council assistants. MOTION. Mayor Daly moved to add the following items (see Item 7 and 8 below) to the Closed Session Agenda waiving the 72-hour posting provision of the Brown Act finding that there is a need to take immediate action and that the need for action came to the attention of the City subsequent to the posting of the agenda. Council Member Kring seconded the motion. Council Member McCracken was absent. MOTION CARRIED. 3 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 17, 1999 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: Delmonico, et al. v. City of Anaheim, et al. (and related cases and cross actions) Orange County Superior Court Case No. 70-80-71. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 2. 54956.9(a) – Existing Litigation: Name of case : Vista Royale Homeowners Assoc. vs. 396 Investment Co. fka The Fieldstone Company, Orange County Superior Court Case No. 77-30-74, (and related cases). PUBLIC EMPLOYEE PERFORMANCE EVALUATION: 3. Title: City Manager. CONFERENCE WITH LABOR NEGOTIATOR 4. : Agency Designated Representative: Dave Hill Employee organization: AFA Labor Negotiations. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT 5. CODE SECTION 54956.9 (a) – Existing Litigation : Name of case : Pepper v. City of Anaheim, et al., Orange Superior Court Case No. 782221. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO 6. GOVERNMENT CODE SECTION 54956.8: Property: 1561-1563 West Lincoln Avenue, Anaheim, California. Negotiating parties: Anaheim Redevelopment Agency, Caltrans and Orange County Transportation Agency. Under negotiation: price and terms. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 7. 54956.9(a) – Existing Litigation: Name of case : Jones vs. Wells Fargo Bank – United States District Court Case No. SA CV 98- 95DOC. REQUEST FOR DISCUSSION – COUNCIL MEMBER TAIT: 8. SUBJECT : Council Assistants. Mayor Daly moved to recess into Closed Session. Council Member Kring seconded the motion. Council Member McCracken was absent. MOTION CARRIED. AFTER RECESS: Mayor Daly called the regular Council meeting of August 17, 1999 to order at 6:18 p.m. and welcomed those in attendan ce. INVOCATION: Pastor Jimmy Gaston, from the Church of Christ gave the invocation. 4 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 17, 1999 FLAG SALUTE: Mayor Pro Tem Shirley McCracken led the assembly in the Pledge of Allegiance to the Flag. Mayor Daly acknowledged members of Boy Scout Troop 159 (sponsored by the LDS Church on Rio Vista) who were present with their Scout Master and welcomed them to the Council Meeting. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,150,603.98 for the period ending August 17, 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. She announced a debate that will be taking place regarding Light Rail on August 23, 1999 (UC Irvine Campus) and urged everyone to attend. PUBLIC COMMENTS: There were no public comments on City Council Agenda items. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of August 17, 1999. Council Member McCrackren seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 – A16: 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 Nos. 99R-176 and 99R-177 , for adoption. Mayor Daly offered Ordinance No. 5696 for first reading. Refer to Resolution Book. A1. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held July 7, 1999. 175: Receiving and filing a Notice of Filing of Docket Nos. ER98-441-006, et al., before the United States of America Federal Energy Regulatory Commission filed by the Southern California Edison Co., et al. Motions/protests to be filed by August 8, 1999. 175: Receiving and filing a Notice of Filing of Docket Nos. ER98-441-000, et al., before the United States of America Federal Energy Regulatory Commission by the Southern California Edison Co., et al. Order of Chief Judge Scheduling Telephone Conference on August 5, 1999, for the purpose of a ruling. A2. 167: Awarding a contract to the lowest responsible bidder, L.A. Signal, in the amount of $117,819.00 for the installation of a traffic signal at La Palma Avenue and Chrisden Street. A3. 123: Approving a Third Amendment to Agreement f or appraisal services with Joseph A. Hennessey for rate schedule fees and name change to contract (Hennessey & Hennessey). A4. 123: Approving a Joint Use Agreement with Southern California Edison for relocation of facilities at the northwest corner of Lemon Street and Carl Karcher Way. A5. 123: Approving a First Amendment to the Architectural Agreement between the City of Anaheim and Cannon Parkin, Inc., dba Cannon for the expansion of the Euclid Street Fire Station. 5 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 17, 1999 A6. 160/123 : Accepting the low bid of Master Landscape and Maintenance, Inc., in an amount not- to-exceed $30,860.00 for a two year period with three one year optional extensions for landscape maintenance at the Anaheim Civic Center and the Maintenance Facility, in accordance with Bid #5952. A7. 160: Accepting the low bid of Integrated Power & Lighting, in an amount not-to-exceed $91,641.00 for the lighting retrofit of the maintenance buildings, in accordance with Bid #5940. A8. 160: Accepting the bid of Double Engineering Company, c/o Young & Company, in the amount of $249,063 for three protective relay test sets, in accordance with Bid #5953. A9. 150: To consider approving the renaming of the George Washington Park site as Anaheim Colony Park. City Manager Ruth. Staff is requesting a continuance of this item for one week. At the conclusion of the Consent Calendar, the Council continued the item for one week as requested. A10. 174: Accepting two Youth Services Material Grants in the amount of $10,000 each from the California State Library to develop or expand material collection for youth ages 10-18; and increasing the appropriation and expenditures in the Library Services Division Budget by $10,000 each in Account Nos. 217-213-4254 and 217-213-4256. A11. 123: Approving the term s and conditions of the Operating Agreement between the City of Anaheim and Bank of America for Residential Rehabilitation Interest Rate Subsidy Loan Program, and authorizing the Community Development Executive Director to execute the document. A12. 174: RESOLUTION NO. 99R-176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Acting Chief of Police to submit an electronic grant application, on behalf of the City of Anaheim, to the U.S. Department of Justice, Bureau of Justice Assistance, for the FY ’99 Local Law Enforcement Block Grants Program; and increasing revenues in account #219-309-2251-1599 and expenditures in account #219-309-2251-9716 by $615,181. A13. 174: RESOLUTION NO. 99R-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Acting Chief of Police, on behalf of the City of Anaheim, to file an electronic application with the U.S. Department of Justice, Bureau of Justice Assistance, to participate in the “Bulletproof Vest Partnership” Grant Program and authorizing the Acting Chief to execute all required grant documents. A14. 000: ORDINANCE NO. 5696 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Chapter 1.24, consisting of Section 1.24.010 through 1.24.030, inclusive, to Title 1 of the Anaheim Municipal Code Relating to establishment of a criminal justice administration fee. 000: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing criminal justice administration fees to be charged by the Police Department. Resolution to be adopted concurrent with adoption of the ordinance. A15. 123: Approving an Agreement with Carollo Engineers, P.C., in an amount not-to-exceed $167,270.00 to provide professional services for the System Wide Disinfection Study for the 6 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 17, 1999 City’s water system, and authorizing the Public Utilities General Manager to execute the Agreement and any other related documents and take such actions as are necessary to complete the project. Mayor Daly declared a conflict of interest on this item. He will, therefore, be abstaining from any discussion or decision. A16. 114: Approving minutes of the Anaheim City Council meeting held July 13, 1999. Roll Call Vote on Resolution Nos. 99R-176 and 99R-177, 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-176 through 99R-177 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. DESIGNATION OF A VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES A17. 148: ANNUAL CONFERENCE OCTOBER 10-12, 1999 : Designating a voting representative and an alternate who will be present at the Annual Business Meeting held during the Conference. Mayor Daly. His information is that four Council Members intend to go to the League’s Annual Conference. He is going to suggest that he be the Voting Representative and that Mayor Pro Tem McCracken be the Alternate. MOTION. On motion by Mayor Daly seconded by Council Member McCracken, Mayor Daly is to be the Voting Representative and Mayor Pro Tem the Alternate at the League of California Cities Annual Conference. MOTION CARRIED. APPOINTMENT TO THE COMMUNITY SERVICES BOARD: A18. 105: Appointment to the Community Services Board to fill the unscheduled vacancy of James D. Vanderbilt (term expires June 30, 2002). Continued from the meeting of August 10, 1999, Item A25. Mayor Daly. The subject vacancy was created by the resignation of James Vanderbilt due to his appointment to the Planning Commission. He thereupon opened nominations to the Community Services Board. Council Member Kring nominated Jack Holmes; Council Member McCracken nominated Terry Patterson; Council Member Feldhaus nominated Mary Sloan. MOTION. On motion by Mayor Daly, seconded by Council Member Kring, nominations were closed. MOTION CARRIED. A roll call vote was then taken on the nominees in the order in which they were nominated. (Before the votes, Council Members gave the background on their nominees). Jack Holmes - Ayes: Kring, Tait. Noes: Feldhaus, McCracken, Daly. Terry Patterson - Ayes: McCracken. No: Feldhaus. Abstained: Kring, Tait, Daly. 7 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 17, 1999 Mary Sloan - Ayes: Feldhaus, Daly. No: McCracken. Abstained: Kring, Tait. Mayor Daly. Both Mr. Holmes and Ms. Sloan received two affirmative votes. He suggested that they vote one more time on these two nominees (since three affirmative votes are necessary for appointment). Jack Holmes - Ayes: Kring, Tait. Noes: Feldhaus, McCracken, Daly. Mary Sloan - Ayes: Feldhaus, Tait, McCracken, Daly. Abstained: Kring. (Later, Council Member Kring changed her vote to an Aye). Mary Sloan was thereupon appointed to the Community Services Board for the term ending June 30, 2002. ITEMS B 1– B6 FROM THE ZONING ADMINISTRATOR MEETING OF JULY 29, 1999 - DECISION DATE: AUGUST 5, 1999 INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 20, 1999: ADMINISTRATIVE ADJUSTMENT NO. 169 B1. 179: CEQA EXEMPT {SECTION 15061 (b)(3)}: OWNER: Kilroy Realty Corp., Julie Schlothauer, 3750 University Ave., #270, Riverside, CA 92501 AGENT: Clothestime Stores, Inc., Jerry Mayuga, 5325 East Hunter Ave., Anaheim, CA 92807 LOCATION: 5325 East Hunter Avenue. Property is 6.0 acres having a frontage of approximately 545 feet on the north side of Hunter Avenue, and a maximum depth of 579 feet and is located 695 feet east of the centerline of Kellogg Drive. Waiver of minimum number of parking spaces (215 required; 209 proposed) to Retain an outdoor cargo container storage area. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 169 APPROVED (ZA DECISION NO. 99-25). ADMINISTRATIVE ADJUSTMENT NO. 168 B2. 179: CEQA EXEMPT {SECTION 15061 (b)(3)}: OWNER: Viller Hamilton, 504 South Fann Street, Anaheim, CA 92804 LOCATION: 504 South Fann Street. Property is 0.13 acres having a frontage of approximately 66 feet on the east side of Fann Street, and a maximum depth of 91 feet and is located 295 feet north of the centerline of Orange Avenue. Waiver of minimum side yard setback (5 feet required; 4 feet proposed) to permit and retain an existing air conditioning condenser unit which encroaches into the required side yard setback single family residence in the RS-7200 Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 168 APPROVED (ZA DECISION NO. 99-26). ADMINISTRATIVE ADJUSTMENT NO. 170 B3. 179: CEQA EXEMPT {SECTION 15061 (b)(3)}: OWNER: Larry Bedrosian, Joan Bedrosian, Gary Bedrosian, Joyce Bedrosian, and Janice Bedrosian, 710 East Ball Road, Anaheim, CA 92806 AGENT: Michael Hearn, 8180 East Kaiser Avenue, Anaheim, CA 92808 LOCATION: 1000 North Edward Court (Anaheim Hockey Club). Property is 4.14 acres having a frontage of approximately 48 feet on the south side of Edward Court and 500 feet on the north side of the SR91 Freeway, and a maximum depth of 345 feet and is located 315 feet southwest of the centerline of White Star Avenue. 8 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 17, 1999 Waiver of minimum number of parking spaces (175 required; 163 proposed) to permit an additional mezzanine area within a hockey facility in a future industrial park. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 170 APPROVED (ZA DECISION NO. 99-27). VARIANCE NO. 4338 B4. 179: CATEGORICAL EXEMPTION – CLASS 2 (PREVIOUSLY APPROVED) OWNER: CS Integrated LLC, John B. Aviles, P.E. Vice President – Engineering, One Enterprise Avenue, Secaucus, New Jersey, 07094 LOCATION: 1415 North Raymond Avenue: Property is 10 acres, having a frontage of 14 feet on the west side of Raymond Avenue, and a maximum depth of 1,244 feet and is located 230 feet south of the centerline of Orangefair Lane. Request for a retroactive extension of time to comply with conditions of approval. This petition was originally approved on June 4, 1998. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4338 APPROVED (ZA DECISION NO. 99-28). ADMINISTRATIVE ADJUSTMENT NO. 166 B5. 179: CEQA EXEMPT {SECTION 15061 (b)(3)}: OWNER: Gregory and Virginia Speth, 2566 W. Runyon Place, Anaheim, CA 92804 LOCATION: 2566 West Runyon Place. Property is 0.2 acre having a frontage of approximately 73 feet on the south side of Runyon Place, and a maximum depth of 136 feet and located 250 feet east of the centerline of Magnolia Avenue. Waiver of minimum front yard setback (20 feet-8-inches proposed; 25 feet required) to construct a 225 square foot garage addition to an existing single-family home. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 166 APPROVED (ZA DECISION NO. 99-29). Council Member Feldhaus posed questions to the Zoning Administrator relative to the request noting that there were five people present in opposition at the Public Hearing; Annika Santalahti, Zoning Administrator confirmed that they were all neighbors, one being the immediate neighbor to the east. Council Member Feldhaus requested a review of the Zoning Administrator’s decision concurred by Mayor Daly. Therefore, a Public Hearing before the Council will be scheduled at a later date. VARIANCE NO. 4366 B6. 179: CEQA CATEGORICAL EXEMPTION – CLASS 3 OWNER: Karl G. Kreutziger Jr., Lori A. Kreutziger, 6263 East Trail Drive, Anaheim, CA 92807 LOCATION: 6271 East Trail Drive. Property is 0.51-acre, having a frontage of 85 feet on the north side of Trail Drive, a maximum depth of 134 feet and is located 162 feet west of the centerline of Whitestone Drive. Waiver of maximum structural height (25 feet high permitted; 36 feet proposed to construct a new single-family residence in the RS-HS 22,000 (SC) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4366 APPROVED (ZA DECISION NO. 99-31). Council Member Feldhaus noted this was a request of waiver of the maximum structural height of 25’ in the Scenic Corridor noting that such requests in the past would usually be met by opposition; Annika Santalahti, Zoning Administrator explained that the height waiver only involved a portion of the one-story residence. She also noted for the Mayor that one neighbor objected, the owner to the immediate north 9 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 17, 1999 where there is no house on the property. The Ramsgate Homeowner’s Association had seen the plans and were not opposed. She confirmed she was not uncomfortable with this specific proposal. No further action was taken by the Council. END OF THE ZONING ADMINISTRATOR ITEMS. ORDINANCE FOR ADOPTION: B7. 155: ORDINANCE NO. 5694 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Ordinance Nos. 5453 and 5454, as previously amended, amending Zoning and Development Standards set forth in Chapter 18.48 of Title 18 of the Anaheim Municipal Code and Amending the Zoning Map (Amendment No. 3 to Anaheim Resort Specific Plan No. 92-2). (Introduced at the meeting of July 27, 1999, Item D1.) Mayor Daly offered Ordinance No. 5694 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5694 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NOS. 5453 AND 5454, AS PREVIOUSLY AMENDED, AMENDING ZONING AND DEVELOPMENT STANDARDS SET FORTH IN CHAPTER 18.48 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE AND AMENDING THE ZONING MAP (AMENDMENT NO. 3 TO ANAHEIM RESORT SPECIFIC PLAN NO. 92-2). (INTRODUCED AT THE MEETING OF JULY 27, 1999, ITEM D1.) Roll Call Vote on Ordinance No. 5694 for adoption: AYES: MAYOR /COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5694 duly passed and adopted. ORDINANCE FOR INTRODUCTION: B8. 155: ORDINANCE NO. 5697 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM approving Specific Plan Adjustment No. 1 to the Anaheim Hills Festival Specific Plan No. 90-1, Amending Ordinance No. 5109, as previously amended, and amending Subsection .080 of Section 18.74.080 of Chapter 18.74 of Title 18 of the Anaheim Municipal Code. Mayor Daly offered Ordinance No. 5697 for first reading. ORDINANCE NO. 5697 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING SPECIFIC PLAN ADJUSTMENT NO. 1 TO THE ANAHEIM HILLS FESTIVAL SPECIFIC PLAN NO. 90-1, AMENDING ORDINANCE NO. 5109, AS PREVIOUSLY AMENDED, AND AMENDING SUBSECTION .080 OF SECTION 18.74.080 OF CHAPTER 18.74 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE. 10 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 17, 1999 RESOLUTION FOR ADOPTION: B9. 179: RES OLUTION NO. 99R-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM rescinding Resolution No. 98R-138 pursuant to court order, which resolution amended certain conditions of approval of Conditional Use Permit No. 3662. (Canyon Commercecenter) RESOLUTION NO. 99R-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RESCINDING RESOLUTION NO. 98R-138 PURSUANT TO COURT ORDER, WHICH RESOLUTION AMENDED CERTAIN CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 3662. (CANYON COMMERCECENTER) Roll Call Vote on Resolution No. 99R-178, 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-178, duly passed and adopted. PUBLIC HEARING – VARIANCE NO. 4361 AND CATEGORICAL EXEMPTION – D2. 179: CLASS 11 OWNER: AL Cemetery, Attn: Bruce Lazenby, 3888 S. Workman Mill Road, Whittier, CA 90601 AGENT: Dennis Stout, 871 N. Maplewood Street, Orange, CA 92867 LOCATION: 2303 South Manchester Avenue - Melrose Abbey. Property is 18.82 acres located on the west side of Manchester Avenue, 225 to 450 feet south of the centerline of Orangewood Avenue. Waiver of permitted signs in residential zones, to construct a 45-foot high freestanding freeway- oriented double-sided pole sign within the RS-A-43,000 Zone. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4361 APPROVED ( PC99-117) (6 yes, 1 absent) Informational item at the meeting of July 13, 1999, Item B10. Review of the Planning Commission’s decision requested by Mayor Daly and Council Member McCracken. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News: August 5, 1999 Mailing to property owners within 300 feet: August 5, 1999 Posting of property: August 6, 1999 Mayor Daly. He knows there are people present on D1. However, since there is a request for a continuance on item D2., he is going to take the hearings out of order. He asked if anyone was present who was opposed to the request for continuance on Item D2. There was no response. MOTION. Mayor Daly moved to continue this item to September 14, 1999 as requested by the applicant in letter dated August 12, 1999. Council Member McCracken seconded the motion. MOTION CARRIED. GENERAL PLAN AMENDMENT NO. 367 D3. 179: RECLASSIFICATION NO. 99-00-03 AND NEGATIVE DECLARATION: 11 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 17, 1999 OWNER(S): Walgreens Company, 128 S. State College Blvd., Anaheim, CA 92806; Timothy J. Brunet and Daryldine L. Brunet, 34205 Doheny Park Road, Capistrano Beach, CA 92624; Greg R. Gerry and William J. Briggs, 2107 East Lincoln Avenue, CA 92806 AGENT: Tim O’Neil - Evergreen Development, 1300 East Missouri, A-200, Phoenix, Arizona 85014 LOCATION: 128 South State College Boulevard, 2015 - 2107 East Lincoln Avenue and 2104 Ward Terrace. Property is 1.45 acres located at the northeast corner of State College Boulevard and Lincoln Avenue. General Plan Amendment No. 367 – Requests approval of a General Plan Amendment to amend portions of this property from the Commercial Professional and Low Density Residential land use designations to the General Commercial land use designation. Reclassification No. 99-00-03 - To reclassify a portion of subject property from the RS-7200 (Residential, Single-Family) and CO (Commercial, Office and Professional) Zones to the CL (Commercial, Limited) Zone to permit the construction of a drive-through, full-service pharmacy. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended adoption of GPA No. 367 (Exhibit A) to City Council ( PC990136) (5 yes votes, 2 absent) Reclassification No. 99-00-03 GRANTED ( PC99-137) Approved Negative Declaration. Informational item at the meeting of August 10, 1999, Item B6. Set for Public Hearing due to GPA 367. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News: August 9, 1999 Mailing to property owners within 300 feet: August 9, 1999 Posting of property: August 9, 1999 Mayor Daly. He asked if anyone was present relative to this item, basically a “housekeeping” issue; there was no response. Mayor Daly opened the Public Hearing asking again if anyone was present to speak either in favor or in opposition; there being no response, he closed the Public Hearing. ENVIRONMENTAL IMPACT REPORT – NEGATIVE DECLARATION: On motion by Mayor Daly, seconded by Council Member McCracken, the City Council approved the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Mayor Daly offered Resolution Nos. 99R-179 and 99R-180 for adoption. Refer to Resolution Book. RESOLUTION NO. 99R-179: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE CHANGED. RESOLUTION NO. 99R-180: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 367. Roll Call Vote on Resolution Nos. 99R-179 and 99R-180, for adoption: 12 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 17, 1999 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-179 and 99R-180, duly passed and adopted. PUBLIC HEARING - VARIANCE NO. 4363 D1. 179/155 : ENVIRONMENTAL IMPACT REPORT NO. 321: OWNER: Stadium View Anaheim, LP, 145 Commerce Way, Unit B, Walnut, CA 91789 AGENT: Bruce Ayres, 355 Bristol Street, Suite A, Costa Mesa, CA 92626 LOCATION: 2560 East Katella Avenue. Property is 2.04 acres located at the southwest corner of Katella Avenue and Douglass Road. To increase the permitted Floor Area Ratio for the subject property from 0.45 to 0.91 with waiver of (a) minimum parking lot landscaping (deleted) and (b) minimum landscape setback adjacent to the SR-57 (Orange) Freeway, to construct a 4-story, 140-room hotel with pool, meeting and breakfast areas. ACTION TAKEN BY THE PLANNING COMMISSION: VARIANCE NO. 4363 GRANTED, IN PART, Denying waiver (a) and granting waiver (b) ( PC99- 113) (6 yes, 1 absent) APPROVED the INCREASE IN FLOOR AREA RATIO from 0.45 to 0.91 for this specific development proposal on this building site located in the Arrowhead Pond District of the Anaheim Stadium Area Master Land Use Plan. EIR NO. 321 Previously-certified Informational item at the meeting of July 13, 1999, Item B6. Review of the Planning Commission’s decision requested by Mayor Daly and Council Member Kring. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News: August 5, 1999 Mailing to property owners within 300 feet: August 5, 1999 Posting of property: August 6, 1999 Mayor Daly. He asked for a Public Hearing on this request for reasons having to do with the size of the site and how it would work for the proposed project. Artist renderings and other materials have been submitted to the Council in recent days. He asked to hear from staff. Annika Santalahti, Zoning Administrator briefed the staff report to the Planning Commission dated June 21, 1999 which described the project. The proposal complies with all the applicable Zoning Standards with the exception of one, the minimum landscape setback along the Orange (57) Freeway. The requirement is 25’ fully landscaped and the proposal is for 5’ with the remainder being in the landscaped parking lot. Staff recommends approval of the waiver based on the particular configuration of the property and the location. An increase to the permitted Floor Area Ration (FAR) is also a part of this proposal (0.45 to 0.91). Approval of the submitted plans as revised would serve as approval of final plans which is a condition of finalizing the overlay zone on this property. Mayor Daly. The question he has concerns the need for waivers to standards such as landscaping due to the nature of the site. It is a very narrow site. He asked how much total frontage there was on Katella and why she felt comfortable with waiving the landscape buffer along the 57 Freeway; Annika Santalahti. There is approximately 184’ on Katella, 375’ on Douglass and the Freeway. The Caltrans setback is about 33’ from the property line to the roadbed of the off ramp. Combining that with the 5’ on site, overall it achieves the 25’ Code requirement. Mayor Daly. He asked for the hearing because it is such a prime site for Anaheim and it is across the street from the Arrowhead Pond. There are projects approved for this area with high-rise buildings and 13 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 17, 1999 they expect more. He was not comfortable that the proposed project was not in keeping with the nature of the development that is happening in the area. The project requires a couple of waivers to the visions the City has for that neighborhood; Annika Santalahti. She explained for the Mayor that relative to the increase in Floor Area Ratio (FAR), it is not a waiver in a zoning sense. She then explained how the FAR was established. She also answered additional questions posed by Council Members for purposes of clarification relative to specifics of the project including building materials, elevations, signage, architectural style, access issues on game nights at the Stadium, etc. Both Mayor Daly and Council Member Tait expressed their concern that the “country” style of the proposed facility was not in keeping with the contemporary style of the projects already built or being planned for the area and not reflective of the look they were hoping to achieve for the neighborhood. Mayor Daly reiterated, looking at the neighborhood, his fundamental concern is that this site is fairly small and all the projects around it are quite large. He feels they can get something more in keeping with the neighborhood if they encouraged the applicant to work with the property owner to the south. He is especially concerned that the proposed swimming pool is just a few feet off the (elevated) off-ramp of the freeway. It does not accomplish the class he would hope they are looking for in that area. Mayor Daly opened the Public Hearing and asked to hear from the applicant or applicant’s agent. Applicant’s Statement: Mr. Bruce Ayres, Country Suites, 355 Bristol, Costa Mesa. They do have a concept they have portrayed throughout Southern California. They are family-owned, builder/ operator of all Country Suites hotels. This will be their sixteenth facility. The hotel in Yorba Linda (off the 91 Freeway) is 12 years old and they are in the process of redoing the façade. Insofar as the compatibility with the subject area, he noted that all throughout Southern California there is a diversity of architectural styles. The Country Suite properties are well-groomed, maintained, the parking lots are clean, and the landscaping is “immaculate”. Relative to the pool area, the pool will not even be seen. There will be a wrought-iron fence with ivy growing up through it and there will be trees in the 5’ landscaped area. If there is a concern, a condition could be added that prior to the landscaping plan being approved, that they sit down with staff to be sure that the area is covered so that the pool area cannot be seen coming down the off ramp. He continued that there are two different property owners on the subject property. It is difficult to try to put a project together. L.A. Fitness is vacating at the end of the month and moving to Orange. To request them to change the whole nature of their facade with glass and marble would not be Country Suites and they are not willing to do that. Regarding the sight-line study, there is the elevation of the roof vs. the freeway where there is a difference of 23’. They can also install some grates around the air conditioning units and color them. As far as the Pond, it is not in close proximity. The proposed hotel with the landscaping proposed is a good use. He reiterated, they are family owned and operated and the facility will be kept up. With the setback along the 57 Freeway off-ramp, there is an increase in setback on Katella and Douglass to 20’ as opposed to what is existing there now which makes the property very tight. Mayor Daly. He emphasized, the City has standards, and Mr. Ayres is asking to relax those standards; Bruce Ayres. It is only due to the nature of the three setbacks on all three sides creating a hardship. Other properties in the area are not like theirs – they are not on an off ramp, they are not on Katella, and they are not on Douglass. Mayor Daly. He is concerned with the “cookie cutter” franchise look which he does not feel is appropriate for such a premium location. They are starting to diminish the vision they have had for the whole Katella corridor. Council Member Tait said it well in terms of compatibility. It is unfortunate they do not have the flexibility of trying something more modern. He asked Mr. Ayres if they had to have that look. 14 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 17, 1999 Mr. Ayres stated he could go back to his group and discuss it but he needs to know what the Council wants; Council Member Tait. Perhaps a continuance would be in order. He would like to see the project in Ontario. As far as the setback, however, it is something other property owners have to comply with. Bruce Ayres. If the setback is the issue, he needs to know that because if they cannot get help in that regard the project may not be viable; Mayor Daly. This is the first he has heard it being a hardship. Mr. Ayres makes a point and he (Daly) would like to go out and look around the site. Bruce Ayres. The setbacks that have been master planned have been increased to 20’ on Katella and Douglass so they are affected on all three sides. Council Member McCracken. She has been to their facility in Ontario (Country Suites at the Mills Mall) and was impressed. She referred to the brochure provided of that facility. Contrasting that with the rendering of the subject project received today, there is a difference. She asked if there could be any “tweaking” of the look that could be done on the proposed hotel. Mr. Ayres answered there is, but not to something modern with glass and marble. He again stated he can go back and talk to his group on that issue; however, if he does not feel he is going to get the setback(s) requested, he needs to move on because that will “kill the deal”. Mayor Daly. Speaking to staff regarding the setbacks, the site plan has the full 20’ on Douglass and only 5’ on the freeway. He asked about “tweaking” it to 15’ on Douglass and 15’ on the freeway. His concern is, if the ramp were to be widened (by Caltrans), it is going to look harsh and the ramp is the gateway to that neighborhood. When a road looks right down on a swimming pool, it is not his idea of class here or when it is done elsewhere. Joel Fick, Planning Director. Definitely that is a tradeoff. What the applicant is actually portraying is for his project and likely many other projects, the push-pull with having setbacks on all sides is certainly a development constraint. It is something that could be done. It would trade off the landscaping and visual appearance on the Stadium entrance entering there from Douglass. Bruce Ayres. Encroaching another 5’ encroaches into the building which encroaches into the rooms with the driveways in between the building and the 57 offramp, there is no way to push it. Council Member Kring. Her concern is, the Planning Department has said the best use of this land seems to be a hotel because of the trip times, etc. No matter if it is this project or another hotel, each one is going to have this difficulty; Joel Fick. A hotel is a quality use for the site but there are potentially other uses. In the past, they weren’t encouraging, for instance, a fast-food proposal but there are other sit-down restaurants and things that could be constructed there. Mayor Daly. Council Member Tait suggested a one-week continuance to take the hotel concept and work with the developer to find some ways to make the project more acceptable and more in keeping with the neighborhood. It has the potential to work. It would be nice to try to get the best architecture possible. Extensive discussion and questioning then followed between the Mayor, Council Members and staff relating again to landscaping issues, setbacks, architectural style, etc. Mayor Daly then asked if anyone else wished to speak. Linda Lee Grau, 24 Morning Dove, Irvine. The Country Suites proposal sounds like a wonderful plan. Steve Springer, Grubb & Ellis, Commercial Real Estate, 500 N. State College Blvd., Anaheim. He represents both properties in the transaction and has been marketing the property for over a year. They are very aggressive in commercial real estate. They are seeking a rather high price for the land value. 15 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 17, 1999 The first group they went after were sports groups and all of them, from small ownership to the largest of corporations, turned the site down; Mayor Daly interjected and asked if he was commenting on the specific project. If he was going to tell them all the things they tried to bring to the site and couldn’t, he could make the same point that they ought to co-mingle the site with the property behind it. It is a limited site. Steve Springer. The only point is, of all the people they sought after, the hotel is the best use. After all the work they put into it, Bruce Ayres is the best niche for this site. He fully supports him and his efforts to accommodate the City’s needs and bring forth the product they are looking for on that site. Frank Muramoto, representing Stadium View Anaheim, 145 Commerce Way, Walnut. They purchased the property about 10 years ago separate from the property to the south owned by Lou Schmidt. They brought forth some questions relative to elevation lines. The elevation from the top of the hotel vs. the freeway, is 23’ above the freeway eliminating the ability to look into the top of the roof from the freeway. The property to the east, Schmidt’s Brewery, is a single-story strip mall type for the restaurant and some retail stores. They have the same type of elevation problem from the Pond to Schmidt’s. The hotel that is being developed is four stories high, 52’, which is considerably higher than the retail mall to the east. MOTION. Council Member Tait moved to continue the Public Hearing to September 14, 1999. Council Member Kring seconded the motion. MOTION CARRIED. REPORT ON CLOSED SESSION ACTIONS: C1. City Attorney Jack White stated that there are no actions to report. COUNCIL COMMENTS: C2. 114: Council Member Tait: The Anaheim Hills Little League All Star Team is playing in the Regionals tonight at 8:00 P.M. If they win, they will go back to Williamsport, Pennsylvania to play in the Little League Championship round. He wished the team well and congratulated them on their accomplishments thus far. Council Member McCracken: The Veteran’s Monument that was approved to be built across from City Hall is in process and will be finished before the end of the year. A few months ago, the City passed a Flag Ordinance. In that regard, she would like to place on the agenda the opportunity for the City Council to approve the flying of the POW/MIA Flag at the Veteran’s Memorial along with the American Flag. (The item will be placed on the next agenda for Council discussion/action.) Council Member Kring: She thanked John Lower, Traffic and Transportation Manager for the huge stop signs placed at Loara and Orangewood which have made the neighbors very happy. Council Member Feldhaus: He asked staff to put together a seminar relative to the California Environmental Quality Act rules and regulations. He is not certain he fully understands the specifics of the Act and would like to be apprised of those which will be helpful to him and he believes to others relative to the actions they have to take on environmental findings at Public Hearings. After a brief discussion on the issue, City Attorney White suggested that he work with the Planning Director and put together an idea on how to best provide the information. Periodically, Planning and the City Attorney’s Office have training sessions on various issues where they invite other departments and members of Boards and Commissions. They will work on the matter and come up with a plan for Council review and put something together that fits everybody’s needs. ADJOURNMENT: By general Council consent, the City Council Meeting of August 17, 1999 was adjourned (7:55 P.M.). 16 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 17, 1999 SHERYLL SCHROEDER CITY CLERK 17