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2000/08/29ANAHEIM, CALIFORNIA- CITY COUNCIL ADJOURNED REGULAR MEETING AUGUST 29, 2000 The City Council of the City of Anaheim, CA met in regular session. Present: Mayor Tom Daly, Council Members: Frank Feldhaus, Lucille Kring, Tom Tait and Shirley McCracken. Staff Present: City Manager Jim Ruth, City Attorney Jack White, City Clerk Sheryll Schroeder. A copy of the agenda for the meeting of the Anaheim City Council was posted on August 25, 2000 at the City Hall inside and outside bulletin boards. Mayor Daly called the adjourned regular meeting to order at 2:00 P.M. in the Council Chambers of the Anaheim City Hall, 200 S. Anaheim Blvd. The first podion of the meeting was an adjourned regular meeting for a workshop to discuss the five-year Capital Plan - budget follow up. Maag Ranch property and La Palma Park expansion was requested by Council Member Tom Tait and was continued to the business portion of the meeting. WORKSHOP FOR FIVE YEAR CAPITAL PLAN-BUDGET FOLLOW UP: Mayor Pro Tem Shirley McCracken called the workshop to order at 2:05 P.M. City Manager Jim Ruth informed that when Council adopted the Fiscal Year 2000/2001 budget in June, it also adopted a Capital Improvement Plan totaling a $164,000,000. He said the plan covered areas such as municipal buildings, parks and landscaping, street improvements, electrical and water improvements and resod improvements. He noted the workshop was intended to look at parks, capital projects and other specific project issues raised by Council Members during the budget hearings in June. He explained that the workshop would identify what had been approved in the parks plan as part of the budget process. He said they would also discuss additional projects, not necessarily parks related, that staff felt was worthy of funding consideration as well as revealing potential revenue sources. He noted the Council had already adopted a significant number of park projects and as a result, specific revenues were identified and Council would be asked to approve additional projects. He said he would review the projects in detail as part of the workshop. Mr. Ruth said that in June, Council appreved almost $12 million in community capital projects for the current fiscal year. He said the projects placed an emphasis on park and recreation needs, a new police substation and important on-going maintenance functions, which included landscaping, repair of curbs, gutters and sidewalks. He reviewed the projects already approved for the current fiscal year, which is contained in the staff report, available in the City Clerk's Office. CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 2 Since the adoption of the budget, Mr. Ruth explained additional funding had also become available for a variety of projects that were recommended for approval and he reviewed them. At the Council's request, staff was asked to look at other funding options including internal reserve funds as a way to finance additional capital improvement projects. He introduced Budget Manager, Jeff Stone, to present the funding sources. Budget Manager, Jeff Stone, gave a presentation, which is available in the City Clerk's Office. Council Member McCracken and staff discussed potential revenue after the Resort completion. Council Member Tait asked which enterprise funds were restricted and Mr. Stone answered utilities and sanitation funds, the resort funds were for specific purposes, gas tax and developer fees were collected for specific purposes, the debt service fund was collected only for debt service and redevelopment funds were for redevelopment. The stadium, convention center and golf funds were policy decisions. Mr. Stone informed that the stadium fund had enough funds to operate and to do some projected capital work, the golf fund had very little in it and the convention center had about $3.8 million. Mayor Daly noted that on the agenda for the Council meeting that date, there was a recommendation to use park funds for the Anaheim Hills Golf Clubhouse and he asked if that was a short-term loan. City Manager Ruth responded that he understood that at one time there was money set aside for a community center in Anaheim Hills and it was achieved though park in lieu fees. He said when the community center was acquired through purchase of the hospital site, the City used general fund money to develop the community center and this would replace that general fund money back into the golf fund. Mayor Daly asked if the $440,000 that was in the parks fund could be used for parks and Mr. Ruth answered yes. Mayor Daly asked if the projected financing for the Anaheim Hills Golf Clubhouse was dependent on the $440,000 and Mr. Ruth said yes, it was added to the $5.9 million, which brought it to the $6.2 million, the estimated cost for the facility. Council Member Kring asked Mr. Stone if he was comfortable doing a 20-year Certificate of Participation, adding that she was uncomfortable borrowing. Mr. Stone replied that based on the projections from EPS plus the staff study, he said he believed that the revenue stream would be there to support borrowing over 20 years. Mr. Ruth and Mr. Stone added that there was always some risk. CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 3 Council Member Feldhaus said if Council decided to borrow under COP's, that they should leave the reserves in place. Mr. Ruth reviewed $27 million of supplemental capital investments that were not currently funded. The report is available in the City Clerk's Office. They included: La Palma, $2 to $20 million; Maag Ranch, $9 to $15 million; Crescent Basin, $5 million; Libraries, $5 to $40 million; Vermont/Cottonwood, $200,000 and Lincoln/Beach, $5 million. He added other additional projects staff recommended for funding consideration were; practice field lighting at four Junior High schools at a cost of $800,000; fire station #4 reconstruction at $3,100,000; fire station #5 reconstruction at a cost of $3,100,000; $4 million for curb, gutter and sidewalk repairs throughout the City and corridor beautification at $4 million. Mayor Daly asked what the bonding capacity or bonding potential would be for the Anaheim Boulevard corridor and Beach Boulevard. Mr. Ruth said there was very little tax increment coming off that, a very small revenue stream. He said the City had been successful with redevelopment in terms of Ross Park and Vermont Park. He added he would provide Council with a much more detailed repod. Mayor Daly asked staff to provide Council with a forecast of future expenditures in the downtown redevelopment area. Council Member Feldhaus asked about Crescent Basin and City Manager Ruth explained that the City was continuing to work and negotiate with the Supervisors. Regarding a question from Council Member Feldhaus about Maag Ranch, Mr. Ruth said that staff looked at the estimated cost of maintenance based on City standards, and it would be about $300,000 per year. Mr. Stone added that an election could be held to set up an acquisition and maintenance district. Council Member Tait asked if there was a year after year balance in the Fleet Service Fund and Mr. Stone said yes, rental was collected from user departments to replace vehicles. He said the fund balance was reviewed to make sure it was appropriate and if it was over funded, it was reduced by reduction in rental rates to user departments in future years. Tom Wood added that the City projected out to 2009/10, and based on the planned acquisitions, the fund would reduce to about $1 million in the 20004/05 time frame. He added that there was a $60 million replacement factor. Mayor Daly asked if staff could review the last 10 years of fund balances for all the funds and the last 10 years of all revenues and expenses from the City's parks and playground account so that Council could see the ebb and flow. He said comparative data of reserves would be helpful of five Orange County cities, Santa Ana, Irvine, Garden Grove, Orange and Huntington Beach and Council Member Feldhaus added Yorba Linda. Council Member Tait mentioned that he had asked to have the acquisition of Maag Ranch and La Palma Park expansion placed on this agenda and it accidentally appeared on the Workshop portion of the agenda. He wished to have the discussion held at the regular meeting. CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 4 City Attorney White suggested that the adjourned meeting be recessed and then reconvened later in the meeting. Mayor Daly moved to recess the adjourned meeting workshop, the portion related to Maag Ranch and La Palma Park discussion, to after the Consent Calendar portion of the Council meeting of this date, seconded by Council Member Tait. Motion carried unanimously. Mayor Daly thanked the staff for excellent workshop. At the conclusion of the workshop, at 3:00 P.M., Mayor Daly recessed the meeting to Closed Session. ADDITIONS/DELETIONS TO CLOSED SESSION: None. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Closes Session items. Motion 1. to recess to Closed Session for the following purposes: (4:00 P.M.) CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) - EXISTING LITIGATION: Name of Case: Vista Royale Homeowners Assn. v. 396 Investment Co. fka The Fieldstone Company, et al., Orange County Superior Court Case No. 77-30-74 (and related cases). CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Agency designated representative: David Hill Name of employee organization: International Brotherhood of Electrical Workers, Local 47. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: Initiation of litigation pursuant to subdivision (b) of Section 54956.9: five potential Cases. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) - EXISTING LITIGATION: Name of Case: Thompson, et al. vs. City of Anaheim, et al., Orange County Superior Court Case No. 81-23-23 and 81-17-65. CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Property: 2000 Gene Autry Way, Anaheim, California (Glacier of Ariahelm site; Sportstown Anaheim site; and Edison International Field of Anaheim site). Agency Negotiators: James D. Ruth and Lisa Stipkovich Negotiating parties: City of Anaheim, Glacier of Anaheim, LLP, and Anaheim Angels. CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 5 Under Negotiation: price and terms of leases. CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Property: Approximately 24 acres of land located northerly of Santa Ana Canyon Road and easterly of Imperial Highway and known as the Maag Ranch property. Agency Negotiators: James D. Ruth Negotiating parties: City of Anaheim and GME Development Company. Under Negotiation: Price and terms. AFTER RECESS: Mayor Daly called the regular Council meeting of August 29, 2000 to order at 5:17 P.M. and welcomed those in attendance, INVOCATION: Moment of silence offered by Mayor Daly. FLAG SALUTE: Council Member Shirley McCracken. PROCLAMATIONS AND DECLARATIONS: Mayor Daly read a presentation recognizing Gladys Wallace for her 22 years of service on the Park and Recreation Commission. Ms. Wallace accepted the recognition and thanked everyone for their support. Mayor Daly and Council Members presented a Declaration recognizing the Anaheim Police Officer's Honorary Association and Officer Hogy Holguin accepted the declaration and thanked the City for their suppod. Recognitions to be presented at a later date were: Proclamation designating September 10, 2000, as "Let's Make a Difference Day" in Anaheim; Proclamation recognizing November 8, 2000, as National Young Reader's Day in Anaheim and Proclamation recognizing September 22, 2000, as American Business Women's Day in Ariahelm. At 5:30 P.M., Mayor Daly recessed the City Council meeting until after the Redevelopment Agency meeting. Mayor Daly reconvened the City Council meeting at 5:35 P.M. ADDITIONS TO THE AGENDA: There were no additions to agenda items. PUBLIC COMMENTS: Council Member Tait explained to the audience that during the workshop, the Maag Ranch property and La Palma Park property discussion was tabled to this portion of the Council Meeting and now would be an opportunity to address the Council on those iSSUeS. CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 6 Francis Nutto, 621 Jambalaya Street, said when numerous persons were responsible for enforcement of City resolutions; the effect was that no one was responsible. He said he had contacted Code Enforcement regarding a sign at the northwest corner of Latch and Lincoln and the sign was still there even though four conditions set forth in a Council resolution bad never been met. He said over a month ago he submitted a list of 60 billboards, which were not in compliance with one or more City requirements. He received a call from staff saying they sampled some of the items and had not found actionable problems. He asked if the City wished to send the message that there was no accountability. Cindy Sullivan, South Coast Air Quality Management District, referred to a letter from Dr. Barry Wallerstein and said that they encouraged select taxi firms that used ultra low emission certified vehicles, both natural gas and gasoline vehicles. Debbie O'Neil, 5949 Avenida Orbol, said she represented the Concerned Citizens of the Canyon, noting the Citizens had promoted a park on the Maag Ranch property and they were circulating petitions. She said they realized the property was not for sale at this time but if the property would be available, they wished to have the City purchase the property for a park. She said the youth needed playing fields and the City needed a boys and girls club. Seferino Garcia, 1233 Diamond, said the park at the corner of Walnut and Santa Ana was named Ross Park without community input. He said citizens were not notified properly about a recent Park and Recreation Commission meeting and they had no input. He said the people in attendance talked to the Commission about wanting a gym and lighting for the park and to name it after Caesar Chavez. He said the City said they would not build a gym on that site because it was too small. He asked if the City would create a development committee for the site. Linda Lee Grau, said private parks operated well and the citizens did not need government in the park business. She said that government should also not be in the transportation business and she asked the City to give Sawas Roditis 100 cabs. She said she believed there should be no monopoly and no regulation of cab companies. Mr. Escalante, 710 S. Philadelphia, asked to have Manchester Avenue and the adjacent park named after Caesar Chavez. He said he had been assured that the residents would be a part of the planning process for the area and he felt they had been excluded and that they had no representation. Robert Luna informed the Council of the need to name the park at Manchester and Broadway in honor of Caesar Chavez. Patty Gaby, 772 Misty Glen Court, said many people in the soccer program wished to speak about purchasing Maag Ranch for sports facility, She said there was no place for additional youth sport fields. Patrick Pepper, 269 S. Hillcrest Street, Chairman of the Anaheim Hills Citizens Coalition, gave the history of the Maag Ranch development. He said the Board of Directors of the Coalition supported Maag Ranch property being developed for a sports park. CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 7 Stephanie Perry, 5949 Avenita Arbol, Vice President of the Concerned Citizens of the Canyon, reminded everyone that the group formed to fight development on the Maag Ranch property. She said the group has asked Council to consider a park on the property and she encouraged further consideration. Dr. John Madinez said he wished to speak on re-naming the park at Broadway and Manchester to Caesar Chavez and to encourage Council to consider community involvement in the development of the park. Doris Patino said she wished to see Ross Park renamed to Caesar Chavez Park. She said she had artended some meetings on the master plan and that she would be notified of other meetings. She informed that she did not get the notice in a timely manner and she and children were turned away from a recent meeting. She asked why the community was not involved in approving a master plan. She wondered where the money was going that was being paid for construction equipment rent space at Ross Park. Manny Manuquin said he supported the citizens in attendance to name Ross Park Caesar Chavez and that everyone be included in the decision of the name and the use of the park. A gentleman from the audience said he supported the name change of Ross Park to Caesar Chavez. Duane Roberts, 2276 Colchester Drive, said he was in attendance to support people in respect to the Ross Park issue and said he would not be surprised to find the allegation of Brown Act violation by the Park and Recreation Commission to be true. He encouraged all public entities to review all applicable state laws dealing with open meetings and the public records act. Loretta Gonzalez, 2020 West Alameda Avenue, said she supported the re-naming of Ross Park to Caesar Chavez Park. Judith Sarafini, 278 North Wilshire Avenue, said they had heard race based remarks in public meetings and she felt that there had been a misuse of Section 108 funds, a diversion of funds to other parks in the area and they wished to see a full accounting of the funds. Larry Duwara said he wished to see the park named in honor of Caesar Chavez. Tracy Fullman, 2525 West Clearbrook Lane, reported a parking problem at Atrium Gardens Apartment complex located at 627 Voluare Street. She said the overflow of went onto Clearbrook Lane. She noted she had been working with staff regarding a parking petition, needing 75% of the homeowners. She requested Council consider a waiver of the 75% requirement. Mayor Daly asked staff that had been working with Ms. Fullman to provide Council with an evaluation of the situation and a recommendation. CITY OF ANAtlEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 8 A lady from the audience said the Park and Recreation Commission held a secret meeting and only allowed people three minutes to speak. She said she wanted to see receipts for park funds. Mary Ann Cassell, attorney for South Coast Cabs, 1016 West Town and Country Road, Orange, speaking on Item A21, asked exactly what the Council was voting on. She noted staff recommendation said there should be open, competitive bidding, but a comment in Mr. Schaller's report, upon which the recommendations were based, said there maybe a grandfather provision as to the two existing companies. She said at a recent meeting she asked what grandfather provisions would be given and she said she was told there would be no grandfather advantage. She said she did not see a clear recommendation for Item A21 but she said she assumed the grandfather provision would be made there and she said to try to pass an RFP to set up a proposal for a franchise that way would be unconstitutional, a violation of the equal protection clause, the 5th amendment of the Constitution, as well as the due process provision of the 14th amendment. Ms. Cassell said Mr. Poole and Mr. Scholar said it should be open, competitive bidding, when in fact what the City was purporting to do was to let two people in and only that a third company come in and she said that was not open, competitive bidding and that was not the way a franchise worked. She said if in fact what Council passed was a recommendation that the two companies be grandfathered in and only have to competitively bid for additional permits, it would violate the constitutional provisions and it would perpetuate a "dualopoly" because the third company would be one or both, a coalition of Fiesta Cab and California Yellow Cab, which would perpetuate Yellow Cab of North Orange County. She said the three companies formed a co-op and bid at John Wayne Airport and she said they would do the same thing. Supposedly, she said, the reason that the two incumbent companies might be given a leg up, according to Mr. Schaller, was to "insure fairness". She said what would be fair, assuming a grandfather provision was given, her client, South Coast Cab, should have the right as well. South Coast Cab was the only other company that had been consistently applying for additional permits since April of 1997, she informed. She added that it was the only company that had been given first in line status for any new permits since February of 1998. She requested that if a grandfather advantage was given, it be given to South Coast Cab as well or the whole proposal be thrown out and denied. Mayor Daly asked staff to respond to the issues raised regarding the meetings for Ross Park. Chris Jarvi, Community Services Director, regarding the public participation relative to he planning process, responded that the Department went through a public process in every park it developed. In the case of Ross Park, he explained there were four meetings, well advertised through the School and the School PTA, flyers to the students, through the Neighborhood Council who helped provide the funding, the Community Block Grant Neighborhood Council and through fiyers distributed. A City Council workshop was also held, he explained. A Park and Recreation Commission meeting was held August 23, 2000, at which the master plan for the park was considered. He said there was a great deal of participation, including the residents heard from at this meeting, and everything people asked for was included in the design of the park, except CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 9 for a gym and City staff felt there was a gym within a mile of the park, it was never said that there would never be a park in the area. He said staff had reported that if there were another gym built in the City, it would most likely either be built in the west or the east end of the City because the centrel part of the City already had a gym. He noted that there were about three gyms within a mile and a half of the Ross Park site. He said regarding the issue about naming the park, he explained the normal process for naming a park was to name the park after a school if it was adjacent to a school or a plant name if not next to a school. Regarding the resident's complaint of a lack of community center in the park, Mr. Jarvi said that the City works very closely with the School District, which provided a 4,000 square foot community center on the school site directly across from the park, which was put in due to the public participation precess used in the design of the park. He said the School District committed that the building would be provided for community use during the day and evenings. Regarding the Park and Recreation Commission meeting of August 23, 2000, and the issue of a violation of the Brown Act, Mr. Jarvi said staff was very careful about notifying for public meetings and all notices went out in accordance with the Brown Act. He said they provided agendas but it was possible they did not have enough agendas for the number of people that attended that evening. He said that because of the Ross Park design, staff sent out letters August 16, 2000 to everyone that had been involved in the public participation precess from the beginning. He said there was a three-minute rule, much like City Council, and the Chairman of the Park and Recreation Commission did enforce the rule. Where the funding for the rental of the equipment for Ross Park was going, Mr. Jarvi said it was going into a fund and would be used towards the development of the park. Regarding Section 108 loans, he said every dollar applied for was being used on Ross Park. He explained that when the City applied for the Ross Park funds, they also applied for Vermont Park and so the grant amount was actually larger than what was needed for Ross Park. He assured that every dollar given to Ross Park was going to the park. Speaking about the park name, Mr. Jarvi said the Council had not been asked to name the park to date, they used Ross Park as a working name and staff would be making a recommendation later. Mayor Daly said anyone who understood the heart and sole of the City knew that the charge of racism was wreng and he noted two parks in the City were named after Latino families. ADDITIONS/DELETIONS TO THE AGENDA: There was a correction to Item A16; the budget figure should be $3,415,000. Council Member Kring wished further discussion on Item A14. Mayor Daly said clarification was necessary on Item A21, the grendfather clause. Mayor Daly said he had additional questions on Items A16 and A17 and he wished to move for a continuance to the next meeting, seconded by Council Member Tait. Regarding A17, Council Member Feldhaus said the convention center portion of the item needed to be considered because of the deadline of installing the new scoreboard. CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 10 City Manger Ruth said that one of the conditions to getting the Western Regional Basketball tournament in the City was that there had to be an acceptable scoreboard and in order to get it bid and installed, the time was running out. Greg Smith, Executive Director Convention, Sports and Entertainment Department said the $46,000 carryover referred to the Visitor and Convention Bureau's carryover and the scoreboard was part of the $435,000 deducted at the budget hearing and re-submitted on this agenda. He said the only time the scoreboard could be installed would be the last two weeks in December and the contract needed to be awarded at the next Council Meeting. City Manager Ruth said Items A16 and A17 could be continued, they just needed to be decided on by the 19th. Motion to continue Items A16 and A17, carried unanimously. Regarding Item A14, Council Member Kring asked if it was possible to sell advertising on the City's web site. Brett Colson, Public Information Manger, responded that some informal discussions had been held regarding advertising on the site. He said right now, various departments had indicated a willingness to fund the site, so the City had not seen a need to sell advertising. Council Member Feldhaus questioned the bidding process since there were no Anaheim companies in the bids. Carole Ibarra, Assistant Purchasing Agent, said there were three Anaheim firms that were notified of the bid and the bid was advertised twice. She explained that they had a vendor file and they developed the bidding list based on that and information service advertisements and the City Manager's Office had received requests to be placed on the list. She noted that 24 firms were sent bid forms. Council Member Feldhaus asked that in the future Anaheim companies not be overlooked and to notify companies on how to get on the bidders list. Council Member Tait asked why the City received only three bids when 24 proposals were sent out. Ms. Ibarra said the most common reason they heard was that most of the companies were very busy and did not wish to take on additional work. Council Member Tait suggested that bids of that nature could be placed on the web page and Ms. Ibarra said the City was discussing the possibility of all bids being placed on the web site. Regarding Item A21, Mayor Daly asked Code Enforcement Manager, John Poole, if the recommendation included the grandfather clause referenced in the consultant report or if it was a franchise without a grandfather clause. Mr. Poole responded that the consultant was attempting to give the Council an option to help deal fairly with the two current providers of taxi service in the City, it was an option, not a recommendation. Staff was requesting approval to go out for proposals from all CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 11 companies. Regarding the AQMD concern, Mr. Poole said there was 5% weighted for clear air vehicles. He noted he had worked with the City Attorney's Office and put together a working paper for Council, which he distributed, a copy may be obtained at the City Clerk's Office. The document title was "Taxi Franchising Process and Procedure". Upon a question from Council Member Kring, Mr. Poole referred to criteria number four, anticipated ability to meet and maintain the performance standards. Council Member Feldhaus commented that he felt the City should have a temporary or one-time permit to provide the ability to pick up a personal or private pady that specifically requested a cab company or driver. He also asked why the City was limiting themselves to three franchises, why not four. Regarding the six-month warning period, Council Member Feldhaus said that might be too late, a company should cease operations immediately. He also spoke about the requirement of the age of the vehicles. Council Member Kring voiced her opinion regarding the consultant's recommendation of advertising on top of cabs, saying she felt that was a source of advedising and may help keep the fleet in good working condition. Regarding the $3,000 non-refundable fee, Council Member Kring said she had a concern with that the cost should be predicated on the actual cost to the City to process the applications. The $10,000 security, she said should be placed in an interest bearing account. Council Member Kring said the City would not know the impact of the new Disney Adventure until it opened and she wondered if there would be enough business in the mean time. Mr. Poole said the signage recommendation came from staff, noting the City had been engaged in sign blight reduction over the last few years. Regarding the fees, Mr. Poole said it would cost the $3,000 and the City would probably lose money and the $10,000 security, the City was trying to attract creditable companies to provide stable service. Mr. Poole answered Council Member Feldhaus' questions, stating the City would work with OCTAP, in order for a taxi service to have an OCTAP permit, they must have valid insurance and the City was notified by OCTAP regarding insurance and permits. He said the City should have a better handle on the insurance and receive immediate notice. Mr. Poole said they had found in the taxi business that you needed to have economy of scale, small operators could not raise the bar, and they could not have newer cabs. The entire City needed service, which would require at least 50. He added that when a large convention was in town, temporary permits could be issued. Mayor Daly asked why the proposal did not permit the pickup of a personal fare. Mr. Poole said there would not be a prohibition for a personal use of a cab. Council Member Kring said she felt 18 months would be adequate to determine if the cab companies would live up to what they agreed to in the RFP. Regarding the signs on CITY OF ANAtIEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 12 top of the cabs, she said they were rolling signs, this was not signage or visual blight, it was a source of revenue, which they could use to keep their fleet current. Mr. Poole said that was a Council decision. As far as the $10,000 security, staff could live with the 18 months of satisfactory performance and that could be released. Both issues, he said, were an attempt to raise the bar and was pretty consistent with what other cities required. Mayor Daly asked if the potential of four companies was being considered, would the RFP have to change and Mr. Poole said the City was set at 230 cabs and if it was divided by four companies, it would be spread out. He said there needed to be economy of scale. Mayor Daly said he felt the City had spent a great deal of time on the proposal and he thought it was a fair process and they should give the new system a chance to work. He said they could fine tune if problems occurred. Mayor Daly moved to approve the recommendation regarding Item A21, to direct staff to circulate requests for proposals from the taxi industry, which contain components and criteria as recommended by Schaller Consulting in the TaxiCab Franchise System Report dated July 20, 2000. (Continued from the meeting of August 8, 2000, Item A23.) Motion was seconded by Council Member Kring. Council Member Kring stated she wished to keep the advertising in the proposal and Mayor Daly suggested the City proceed with the process and if it became a problem later, they could address it. He added that they were trying to set a tone in the resort area and not have the distraction of too much signage, but he was open to looking into it in a year or two. Motion carried unanimously. Council Member Kring said she would like to have Council approve the members of the Selection Commission. Mr. Poole said they would bring it back to Council. Council Member Tait announced he would abstain on Item A38. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A24: 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. Motion carried unanimously. A1. A2. Reject certain claims filed against the City and reject the application for leave to present a late claim. Claim rejection list may be obtained from the City Clerk's Office. Receive and file minutes of the Anaheim Redevelopment and Housing Commission meeting held July 19, 2000; the Anaheim Police Department Crime and Clearance Analysis for the month of July, 2000; the Investment Portfolio CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE t3 Report as submitted by the City Treasurer for the month of July, 2000; correspondence from the State of California Public Utilities Commission, Division of Tariff and Rates-West and a Notice of Application from Empress Enterprises, LLC. A3. Award the contract to the lowest responsible bidder, Pouk & Steinle, Inc., in the amount of $2,820,000 for Underground District No. 36-2 Lincoln Avenue, State College Boulevard to the 57 Freeway, and approve and authorize the Finance Director to sign said agreement pertaining to contract retentions. A4. Award the contract to the lowest responsible bidder, Bakersfield Well & Pump Co., in the amount of $498,020 for construction and development of Water Well No. 51 and destruction of Well No. 106 and approve and authorize the Finance Director to sign said agreement pertaining to contract retentions. A5. Approve State-Local Transportation Partnership Program Agreement No. SB99- 5055(014), Program Supplement No. 047, for the Katella Avenue Project (Phases III & IV), 650 feet west of Ninth Street to 600 feet west of Harbor Boulevard. A6. Approve and authorize the Mayor and City Clerk to execute a Second Amendment Agreement with KFM Engineering, Inc., in an amount not to exceed $91,500 for design services for the Harbor Boulevard and Manchester Avenue Landscape and Street Improvement Project. A7. Approve and authorize the Mayor and City Clerk to execute the agreement with KFM Engineering, Inc., in an amount not to exceed $123,400 to provide professional engineering services in connection with three Anaheim Resort Area Projects, and waive City Council Policy No. 401 regarding the selection of KFM Engineering, Inc. A8. Approve and authorize the Mayor and City Clerk to execute the Amendment to Purchase and Sale Agreement for 1771 South Brookhurst Street in connection with the Katella Avenue Smart Street Improvement Project. A9. Approve the Second Amendment to Agreement with Willdan & Associates to amend the compensation rates and extend the agreement for an additional six- month period for inspection services for City projects construction. A10. Approve a procurement agreement with EBus, Inc., in an amount not to exceed $1,994,000 to manufacture up to ten pure electric 22-foot transit buses for the Anaheim Resort Transportation Project and amend Fund 275 budget by $225,000. All. Approve a Second Amendment to Agreement with Dames and Moore, to extend the agreement for one year and increase the rate of compensation by 3.5% for inspection services for City projects construction. A12. Authorize the Purchasing Agent to issue purchase orders in an amount not to exceed $2,715,300, for the purchase of various sizes/types of cable and wire for CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 14 the period of September 14, 2000 through authorize the Purchasing Agent to exercise the renewal options for warehouse stock and use by the Utilities Department in accordance with Bid #5970. A13. ORDINANCE NO. 5735 (URGENCY) AN ORDINANCE OF THE CITY OF ANAHEIM fixing and levying a property tax on full cash value of all properly within the corporate limits of the City of Anaheim for the fiscal year 2000/2001, declaring the urgency thereof, and declaring that this ordinance shall take immediate effect as an urgency measure. (A copy of full text of the proposed ordinance is available for public review in the City C1erk's Office.) A14. Accept the low bid of CommPro, in an amount not to exceed $150,000 per year, for web site design and maintenance services as required for the period of August 23, 2000, through August 22, 2002, with two one-year optional renewals, and authorize the Purchasing Agent to exercise the renewal options with price increases not to exceed the Consumer Price Index adjustment for Orange County, in accordance with Request for Proposal #-6056. A15. Approve $21,618,296 of expenditure appropriations from the fiscal year 1999/2000. A16. Amend the FY 2000/01 Budget by $3,415,000 for the Fire Department, Planning Department, Finance Department and Community Services Department. A17. Amend the FY 1999/00 budget by adjusting expenditure appropriations as follows: (1) Increase General Fund expenditure appropriations in the Fire Department by $2,748,000; (2) Increase General Fund expenditure appropriations in the Convention Center Department by $46,000; (3) Increase General Fund revenue appropriations in the Finance Department by $2,794,000 and (4) Reduce General Fund expenditure and revenue appropriations in the Police Depadment by $990,000. A18. Accept a grant from the National Endowment for the Humanities and the American Library Association in the amount of $1,000, and authorize the City Librarian to expend that amount. A19. Approve a Third Amendment to Lease Agreement with the Placentia-Yorba Linda School District for Rio Vista School/Park by extending the Lease Agreement by an additional twenty-five years. A20. Approve a Fifth Amendment to the contractual Agreement between the City of Anaheim and E. Del Smith and Company, Inc., extending Washington D.C. representation services from August 1, 2000 through July 31, 2001. A21. Direct staff to circulate requests for proposals from the taxi industry, which contain components and criteria as recommended by Schaller Consulting in the TaxiCab Franchise System Report dated July 20, 2000. (Continued from the meeting of August 8, 2000, Item A23.) CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 15 A22. Approve the issuance of a Lifetime Golf Pass to former Mayor and City Council Member Fred Hunter. A23. Authorize the City Manager to reimburse the Visitors and Convention Bureau up to $80,000 for costs associated with media relations and public information eftotis during the construction of the Anaheim Resod. A24. RESOLUTION NO. 2000R-171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Chief of Police to accept a grant award, on behalf of the City of Anaheim, from the Office of Criminal Justice Planning for the "School Gang Violence Suppression Plan" Increase revenues and expenditures in the Police Department's FY 00/01 budget by $150,000. A25. RESOLUTION NO. 2000R-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the 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 2000 Local Law Enforcement Block Grants Program. Increase Revenues and Expenditures in the Police Department's FY 00/01 budget in the amount of $501,337. A26. Accept partial funding from the FY 2000 "Bulletproof Vest Partnership" grant program and increase revenues and expenditures in the Police Department's budget in the amount of $9,563 and the Fire Department's budget in the amount of $1,658. RESOLUTION NO. 2000R-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the 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 FY2001 "Bulletproof Vest Partnership" grant program, and authorizing the Chief to execute all required grant documents. A27. Authorize the Fire Chief to extend the lease agreement with the Anaheim Surgical Center, LLC, by 30 days, in the amount of $1,000 for temporary library parking at 1314 and 1324 South Euclid through September 15, 2000. A28. Ratify an agreement between the County of Orange and the City of Ariahelm for the County to pay the City for City Hall West facility modification expenses incurred on behalf of the County for relocation of Metro Net Communications Center control stations caused by the County's use of City Hall West as an 800 MHz communications facility. A29. RESOLUTION NO, 2000R-174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing rates of compensation for classifications assigned to the General Unit represented by the Anaheim Municipal Employees Association, effective September 1, 2000. CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 16 RESOLUTION NO. 2000R-175 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF ANAHEIM amending Resolution No. 00R-125 which established rates of compensation for classifications designated as professional, effective September 1, 2000. RESOLUTION NO. 2000R-176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 00R-124, which established rates of compensation for classifications designated as Middle Management. RESOLUTION NO. 2000R-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 00R-126 which established rates of compensation for classifications designated as Supervisory (Housing Coordinator), effective September 1, 2000. RESOLUTION NO. 2000R0178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM Amending Resolution No. 97R-101 which established rates of compensation for unrepresented part-time job classifications. a30. Approve and authorize the Mayor to execute an agreement between the City and County of Orange to implement a summer youth job-training program for Annhelm resident youth and increase appropriations by $742,500 in Fund 220. A31. Approve and authorize the City Manager, or his designee, to execute Amendment No. 2 to the Amended and Restated Lease by and between the City and Glacier of Annhelm, LLC. to provide the commencement date for the lease to be extended from August 15, 2000, to November 30, 2000; the payment of the non-refundable extension fee of $100,000 due on July 31, 2000 to be paid in two $50,000 installments, the first was made on July 31, 2000, and the second payment of $50,000 is due October 31, 2000; and that the Glacier be assigned a sponsorship/naming right from the City. A32. Approve and authorize the Public Utilities General Manager to execute Agreements with Bechard Long & Associates, Dahl Taylor & Associates, Berg Power Engineers, Inc., Butsko Utility Design, Inc., Orsa Consulting, FaithCorn, Inc., Stanley Consulting, Inc., and Lopez & Associates to provide professional engineering services. A33. Approve and authorize the Public Utilities General Manager to execute a 2000- 2003 Direct Payment Renewal Agreement between the State of California, Health and Welfare Agency, Department of Community Services and Development and the City of Annhelm under which the City would receive federally funded Low Income Heating and Electric Assistance Program (LI- HEAP) grants directly for the benefit of the City of Anaheim's Utility Customers. A34. Approve an Agreement between the City of Anaheim and Disneyland for the City to assign additional officers to the Disneyland Resort Area for public safety purposes, the cost of which will be paid by Disney. CITY OF ANAHE1M CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 17 A35. Approve an Agreement with Organizational Effectiveness Consulting, in an amount not to exceed $20,000 annually, for assistance with the implementation of the Police Department's Five-Year Strategic Plan. A36. Waive Council Policy 306 and authorize the Purchasing Agent to issue a purchase order to MD Helicopters, Inc., (formally McDonnell Douglas, Inc.,) in the amount of $968,378 for one model MD500E helicopter, including equipment, for the Police Department. A37. Approve award of contract #282-00-0050 by the Department of Health and Human Services, Public Health Service, for the development of a Metropolitan Medical Response System and authorize the City Manager to approve modifications to the plan as necessary. A38. Approve a Nondisclosure and Defense Agreement among Southern California Edison Company, San Diego Gas & Electric Company, and the cities of Anaheim and Riverside concerning the San Onofre Nuclear Generating Station and authorize the City Attorney, on behalf of the City, to execute the Agreement and take such actions as are necessary to implement the Agreement. A39. Approve minutes of the Anaheim City Council meeting held July 25, 2000. Roll call vote - Ayes: 5 Noes: 0. Motion carried. Council Member Tait abstained on Item A38. END OF CONSENT CALENDAR Mayor Daly reminded everyone that during the workshop, Council Member Tait had placed the discussion of Maag Ranch acquisition and La Palma Park expansion and both were moved to this section of the agenda. City Attorney White suggested the Mayor recess the Council Meeting of August 29, 2000 and reconvene the adjourned meeting of August 22, 2000 for purposes of discussing those agenda items. Mayor Daly so moved, seconded by Council Member Kring. Motion carried unanimously. Council Member Tait said he thought everyone had spoken earlier and he moved to direct staff to begin the acquisition process for the 23-acre property known as Maag Ranch, seconded by Mayor Daly. Council Member Tait said this would begin the process and give staff direction to approach the property owner. He said the Council had heard the need, soccer participation was increasing at a rate of 20% a year, there was a shortage throughout the year and this property was the last undeveloped flat land in the eastern part of the City. He said if the City did not act now, they would lose the opportunity. Mayor Daly said there was enough community interest in pursuing the property and he felt it was worth discussing with the property owners. He warned that because it was a CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 18 large piece of land, it might not be able to be developed over night. He added that he was in favor of pursuing any park opportunity that Council was willing to consider. Council Member Feldhaus said he saw nothing wrong with asking the City Manager to approach the owners to see what the situation was and he said he thought he saw a letter from the City Manager regarding this property. Mr. Ruth clarified that he had not approached them lately. Council Member Kring said she would also support the motion. Council Member McCracken said she was willing to find out if the property was even for sale and what the cost would be. She clarified that she felt the next step would be to determine how the City would pay for it. Vote to direct staff to begin the acquisition process for the 23-acre property known as Maag Ranch: motion carried unanimously. Regarding the acquisition of La Palma Park property, Mayor Daly informed that the process was already underway but he thought it was a good idea to give the City Manager direction. Council Member Tait clarified that this would give the City Manager director to seek out the sales price and availability, Council Member McCracken noted that Council had already approved Phase I of the acquisition of La Palma Park in the budget. Mayor Daly asked City Manager Ruth if he was comfortable with the past direction from Council regarding La Palma Park and Mr. Ruth said yes. At this point, Mayor Daly moved to adjourn the adjourned meeting of August 22, 2000 and reconvene the regular August 29, 2000 meeting, seconded by Council Member McCracken. Motion carried unanimously. A40. BOARD/COMMISSION APPOINTMENT TO TERM EXPIRING JUNE 30, 2000: (Continued from the meetings of June 20, 2000, Item A33, July 11, 2000, Item A33 and July 25, 2000, Item A30). BUDGET ADVISORY COMMISSION FOR NEW TERM EXPIRING JUNE 30, 2004: (Sewell) Council Member Feldhaus noted the Council had received two late applications and he wished to continue the item for another two weeks, to September 19, 2000, seconded by Mayor Daly. Motion carried unanimously. BOARD/COMMISSION APPOINTMENT: CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 19 Nominate and confirm an appointment to the Ariahelm Redevelopment and Housing Commission (Karczynski - term expires June 30, 2003). BOARD/COMMISSION APPOINTMENT: Nominate and confirm an appointment to the Public Utilities Board (George Edwards - term expires June 30, 2003). Council Member Kring requested the Redevelopment and Housing Commission and Public Utilities Board appointments be continued until September 29, 2000, Mayor Daly seconded the motion. Motion carried unanimously. A41. APPLICATION FOR A POOL ROOM PERMIT: To consider the application of Sunil Thapar to operate nineteen pool tables at 2220 West Lincoln Avenue (Linbrook Family Billiards). Mayor Daly asked if there had been any police or code enforcement problems since the new ownership. John Poole, Code Enforcement Manager, replied there had been no complaints and the Police Department was also recommending approval for the change in owner. He added that there were no additional pool tables. Council Member Feldhaus moved to approve the change in ownership, seconded by Council Member Kring. Motion carried unanimously. A42. REQUEST FOR REHEARING OF SOUTH COAST CAB COMPANY, INC., FOR A PERMIT TO OPERATE A TAXI SERVICE: REQUESTED BY: Savias Roditis, 10700 Katella Avenue, Suite C, Anaheim, California 92804-6159 To consider a request for rehearing on the application of South Coast Cab Company, Inc., for the operation of 115 taxicabs in the City of Anaheim. The public hearing was continued from the meeting of July 25, 2000, Item A33 to August 8, 2000, Item A26. At the public hearing of August 8, 2000, the Anaheim City Council denied the request of South Coast Cab to operate taxicab service. Mary Ann Cassell, attorney for South Coast Cabs, 1016 West Town and Country Road, Orange. Mayor Daly said the item before Council was a request for a rehearing, not a replay of the previous hearing. Ms. Cassell said she understood that under the four basis for requesting a rehearing, one of her basis was that the decision was against law and at the August 8th hearing, there were no comments from the Council as to any evidence showing need or necessity CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 20 or lack thereof, except reference to the recommendation of staff. She asked on what basis was there a lack of finding need or necessity. She asked if any of the Council had read Mr. Schaller's repod, stating there was a misconception as to what it said. Ms. Cassell said Mr. Schaller's reports were not only proactive or prospective, looking forward to the franchise, but they referred, going back to his report from September 30, 1999, to an immediate need or necessity. She read from pages 28 and 29, "overall driver courtesy to staff, driver courtesy to passenger, and driver appearance received average scores between 5.1 and 6.1 and cab appearance was rated an average of 6.7. These are slightly better than marginal rating but far from excellent? She said the report went on to say that hotel representatives felt that taxi company management needed to be more responsible to needs and complaints and hotel representatives believed that the taxi industry fell short of where taxi service should be. Disney representatives expressed dissatisfaction with drivers' unprofessional appearance and behavior, she added. She said the residents thought 78% of the service was poor or fair. She referred to page 19, saying that 50% of the visitors and residents wanted improved service, citing shorter waits as the main item. Citing page 21, Ms. Cassell said it reported 23% of the residents never or only sometimes could get a cab when called and 8% of visitors could get a cab only sometimes. The average wait for residents was at least seven minutes longer than they termed reasonable and 34% of residents that called the two existing companies were put on hold for five minutes, she reported. At this time, Mayor Daly requested Ms. Cassell to wrap up the presentation. Ms. Cassell asked if there was a need or necessity in April of 1997 when they first applied, was there a need or necessity in October of 1997 when A Taxi Cab applied for 50 additional permits and was there one later in 1997 when there was 190 to 220 cabs picking up when only 165 were authorized. She said, what about in November of 1997, under the Jack Armstrong survey they found a 71% increase was warranted, or February of 1998 when South Coast Cab was granted unanimously first in line status for the next permits to be issued. She asked if there was a need or necessity in July of 1998 when A Taxi Cab said they had to withdraw their request for more because staff had told them to do so to help keep out competition. She said Council Members Kring and Feldhaus comment's proved there could be an immediate need or necessity and she requested Council consider rehearing the request. Council Member Feldhaus explained that he believed the denial was predicated on the fact that the City was going to a franchise system, where South Coast Cab would be welcome to apply under the franchise. He said he did not think the Council would grant any permit cabs any place in the City and to save the additional time and cost to South Coast Cab, he said he would not support the rehearing request on a permit process, since the City was proposing a franchise system. Council Member Feldhaus moved to deny the request of South Coast Cab for a rehearing for those reasons and invited them to apply under the franchise system. Mr. Poole clarified that the RFP's should go out in about 4 or 5 weeks. Council Member Kring seconded the Motion. Motion carried unanimously. CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 21 A43. RESIDENT ONLY PERMIT PARKING: To consider a resolution to approve a restriction for "Resident Only Permit Parking" on Paseo De Luna from Canyon Rim Road to the end of the cul-de-sac. John Lower, TrafficFFranspodation Manager, reported there were 20 parcels involved, 15 signed the petition, which met the 75% Council policy. He added that the residents requested the permit parking so the residents of the adjacent apartment complex would not have spill over parking into their street. Mayor Daly asked if the City had looked at the apartment parking situation to make sure they were abiding by the Codes. Mr. Lower said he spoke with the apartment manager who indicated that they were enforcing their guest parking. Mayor Daly opened the public hearing. Richard Wise, resident of Paseo De Luna, said they had tried to get the apartment complex to comply without going through the petition process. He presented pictures and letters from the Homeowners Association indicating that there was currently a problem. No further testimony, Mayor Daly closed the public hearing. Mayor Daly offered Resolution No. 2000R-179 for adoption, seconded by Council Member McCracken. RESOLUTION NO. 2000R-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM designating Paseo De Luna Street as a "Permit Parking Only" street. Roll Call vote - Ayes: 5 Noes: 0. Motion carried. A44. 5:00 P.M.PUBLIC HEARING: To consider the adoption of resolutions determining the public interest and necessity require condemnation of certain real property located at 5737 East La Palma Avenue (Commercial Center - RAN 5260-30; 5701 East La Palma Avenue (Carl's Jr. - RAN 5260-4); 5750 East La Palma Avenue (Keno's Restaurant - RAN 5260-5); 5710 East La Palma Avenue (Best Western - RAN 5260-6A and B) in connection with the State Route 90 Imperial Highway Widening Project, Santa Ana Bridge to La Palma Avenue project, and authorizing legal counsel for the City to proceed with said condemnation action. (Continued from the meeting of August 15, 2000.) Council Member Tait declared a conflict of interest on Items A44 and A45 and said he would abstain. CITY OF ANAHE1M CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 22 Mayor Daly declared this was the time for hearing on the proposed acquisition by eminent domain of four separate properties in connection with the State Route 90 Imperial Highway widening project. He said the properties were located at 5737, 5701 through 5799, 5750 and 5710 East La Palma Avenue. He said the property interest proposed to be acquired was legally described in the Resolutions attached to the staff report dated August 4, 2000. Natalie Meeks, Public Works Department, presented the staff report, which is available in the City Clerk's Office. Mayor Daly noted the Council had received a letter from the attorney for the property owners at 5701 through 5799 East La Palma, which was entered into the record, along with the staff repod dated August 4, 2000 responding to the issues raised in the attorney's letter. Mayor Daly opened the public hearing, noting that he would accept testimony jointly on all of the proposed property acquisitions, hear from the owner of record or a designated representative for each of the property interests and testimony should be limited to the following issues: (1) whether the public interest and necessity require the project; (2) whether the project is planned and located in a manner that will most compatible with the greatest public good and least private injury; (3) whether the property sought to be acquired is necessary for the project; (4) whether the offer required by Government Code Section 7267.2 has been made to the owner or owners of record and (5) whether the City has met all other prerequisites to the exercise of eminent domain in connection with the property. John Peterson, attorney, 500 N. Brand BIvd., Suite 130, Glendale, clarified that he was speaking on Item A44 and was speaking on behalf of the business owners of Keno's Restaurant and Best Western Motel. He said they had submitted letters on behalf of those entities under the letterhead Graham Vaage Cisneros & Peterson and asked if they were part of the record. City Attorney, Jack White, said they had been received and were a part of the record. Mr. Peterson said he would not repeat them since they were a part of the record. He said their principal concern with respect to both the Keno's and the Best Western, was that individual offers had not been extended to either of the business entities and they were concerned to the extent that the City had extended offers to the real property owner that there would be impacts to the business owners that were not addressed by either the offer to the property owner or as a result of the fact that the remaining business would suffer impacts such as possible restriping, possible reconfigured parking, possible impacts related to overall parking that would remain which could translate into loss of the business good will, none of which had been addressed in the form of offers. He incorporated, by reference, the submitted letter and asked Council to direct staff to perhaps consider addressing each of the business operators with respect to the actual financial impacts that arise from the lack of an offer and the lack of the ability to negotiate as a result of the lack of an offer. Dave Cosgrove, Rutan and Tucker, responded that the Government Code Section that calls for the offer, calls for the offer to go to the owner of record, it did not mention CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 23 tenants so he believed that the offer going to the owner complied with the Code Section. He noted that in addition, letters were sent to the tenants advising them that the owner received an offer so that if there was any discussion that had to take place between the owner and the tenant, that would be covered. Mayor Daly closed the public hearing. Mayor Daly offered the Resolutions listed under Agenda Item A44: RESOLUTION NO. 2000R-180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 5737 East La Palma Avenue for the purposes of conducting roadway improvement (Commercial Center - R/W 5260-3). RESOLUTION NO. 2000R-181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions property located at 5701 - 5799 East La Palma Avenue for the purposes of conducting roadway improvement (Carl's Jr. - RAN 5260-4). RESOLUTION NO. 2000R-182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 5750 East La Palma Avenue for the purposes of conducting roadway improvement (Keno's Restaurant - RAN 5260-5). RESOLUTION NO. 2000R-183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 5710 East La Palma Avenue for the purposes of conducting roadway improvement (Best Western - R/W 5260-6A and B). Roll call vote - Ayes: 4 Noes: 0. Council Member Tait abstained. Motion carried. A45. 5:00 P.M.PUBLIC HEARING: To consider the adoption of a resolution finding and determining the public interest and necessity require condemnation of certain real property located at 5700 East La Palma Avenue (Arco Station - R/W 5260-7A and B) in connection with the State Route 90 Impedal Highway Widening Project, Santa Aria Bridge to La Palma Avenue project, and authorizing legal counsel for the City to proceed with said condemnation action. (Continued from the meeting of August 15, 2000, Item A20.) Mayor Daly declared this was the time for hearing on the proposed acquisition by eminent domain of property located at 5700East La Palma Avenue in connection with the State Route 90 Imperial Highway widening project. He said the property interest proposed to be acquired was legally described in the Resolutions attached to the staff report dated August 4, 2000. Natalie Meeks said she wished to incorporate all the facts from her previous staff (Item A44) report into this item. Staff report available in the City Clerk's Office. CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 24 Mayor Daly noted the City had received a letter from the attorney for the owners of the property and from the attorney for the tenant. He said the letters would be entered into the record of the hearing, along with the staff report dated August 4, 2000 responding to the issues raised in the letters. Mayor Daly opened the public hearing. John Peterson, said he represented the Bahu family, owners and operatom of the AM PM. Mayor Daly mentioned that he did not read the five pertinent points for the hearing that he mentioned under Item A44 and City Attorney White said they could be incorporated since the parties were present at the prior hearing, Item A44. Mr. Peterson said that was okay. He said he would not review the letter submitted, noting it would be part of the record. He said he believed that given the width of the frontage takes that would be implemented on La Palma, that the actual viability of the business would be threatened as a result of it. He said it appeared that, from the maps that they had been able to glean, that at least one island from the Arco station would be impacted, which would impact the business of the AM PM franchisee and would possibly, in his view, result in the displacement of the business, which was entirely different from a frontage take. He submitted that an offer of some sort was required or should be given to the AM PM operatom and that staff should consider the overall impacts of this taking on the AM PM and the resulting damage to that overall business that had been there for many, many years. Mr. Peterson said his client, Mr. Bahu wished to address Council. AI Bahu, 5700 East La Palma, said he wanted the Council to understand he had been in that business location for over 30 years and that the frontage take was not a frontage take, it would put them out of business. For CalTrans to expand the street 200 feet then go back down to two lanes and eliminate a business was ludicrous, he added. He said the light created at Christen had caused traffic, creating four lanes would create more traffic. He said reports had found that going from two lanes to four lanes and back down to two lanes would add traffic and cause more people to get off at the corner that did not need to be there, that would not stop at the businesses. He said it was a shame that a business of 30 years that had helped the community would be gone. Council Member Kring asked staff if it that would happen, if the taking was that severe. Mr. Cosgrove responded that they did not believe so, the taking and the map did not indicate that there was any driveway closure, the take did not hit the pump island. He said the appraisal analysis done did not believe that the type of displacement that the property owner was reporting would occur, He said they had provided the legal descriptions and the right of way maps showing the full extent of the take, in addition, in November of 1999, a letter went out to the owner of the business, notifying the tenant of the offer, and included a claim for business goodwill and a questionnaire that would allow the owner to provide the City a full range of information on which the City could assess impacts to the business. He said that form was not filled out and the questionnaire was not provided, so the record would show they had not and could not CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 25 assess the good will claim. He said they could do it if the claim was made later, but right now there was no basis to do so. Council Member Kring asked, in staffs opinion, would the take put the company out of business. Ms. Meeks said no, the appraisal analysis that had taken place was that the pump lane closest to the street was still wide enough, next to the pump island, to provide service and continue to be useful. She said both the driveways on the property would remain open, which was a design change from the original design, which would have taken more property and closed one the driveways. She said staff realized that was a major impact on this business and property. The project was redesigned to minimize the impact on the property and maintain usefulness on both driveways and pump islands, she explained. Mayor Daly expressed his concern and hoped that it could be worked out between the parties. He offered the Resolution for adoption. RESOLUTION NO. 2000R-184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 5700 East La Palma Avenue for purposes of conducting roadway improvement (Arco Station - R/W 5260-7A and B). Roll call vote - Ayes: 4 Noes: 0. Council Member Tait abstained. Motion carried. A46. 5:00 P.M.PUBLIC HEARING: To consider the adoption of a resolution finding and determining the public interest and necessity require condemnation of certain real property located at 5650 East La Palma Avenue (Texaco Station - R/W 5260-8A and B) in connection with the State Route 90 Imperial Highway Widening Project, Santa Ana Bridge to La Palma Avenue project, and authorizing legal counsel for the City to proceed with said condemnation action. (Continued from the meeting of August 15, 2000, Item A21 .) Mayor Daly declared this was the time for hearing on the proposed acquisition by eminent domain of property located at 5650 East La Palma Avenue in connection with the State Route 90 Imperial Highway widening project. He said the property interest proposed to be acquired was legally described in the Resolutions attached to the staff report dated August 4, 2000. Natalie Meeks said she wished to incorporate all the facts from her previous staff (Item A45) report into this item. Staff report available in the City Clerk's Office. Mayor Daly opened the public hearing, hearing no testimony; he closed the public hearing. Mayor Daly offered the Resolution for adoption. RESOLUTION NO. 2000R-185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 26 portions of property located at 5650 East La Palma Avenue for the purposes of conducting roadway improvement (Texaco Station - RAN 5260-8A and B). Roll call vote - Ayes: 4 Noes: 0. Motion carried. (Council Member Tait was absent from the vote.) A47. 5:00 P.M.PUBLIC HEARING: To consider the adoption of a resolution finding and determining the public interest and necessity require condemnation of certain real property located at 5600 East La Palma Avenue (Office Building - RNV 5260-14) in connection with the State Route 90 Imperial Highway Widening Project, Santa Ana Bridge to La Palma Avenue project, and authorizing legal counsel for the City to proceed with said condemnation action. (Continued from the meeting of August 15, 2000, A22) Mayor Daly declared this was the time for hearing on the proposed acquisition by eminent domain of property located at 5600 East La Palma Avenue in connection with the State Route 90 Imperial Highway widening project. He said the property interest proposed to be acquired was legally described in the Resolutions attached to the staff report dated August 4, 2000. Natalie Meeks said she wished to incorporate all the facts from her previous staff (Item A46) report into this item. Staff report available in the City Clerk's Office. She noted a minor change was that Rutan and Tucker had a conflict of interest on this property so Oliver Vose would represent the City. Mayor Daly opened the public hearing and hearing no testimony; he closed the hearing. Mayor Daly offered the Resolution for adoption. RESOLUTION NO. 2000R-186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEiM determining the public interest and necessity for acquisition of portions of property located at 5600 East La Palma Avenue for the purposes of conducting roadway improvement (Office Building - RNV 5260-14). Roll call vote - Ayes: 5 Noes: 0. Motion carried. Mayor Daly suggested Council consider the Public Hearing items at this time. 6:00 P.M, Public Hearings: C1. PUBLIC HEARING - ABANDONMENT NO. 00-11A: To consider the abandonment of that certain easement for water utility purposes located on the east side of Brookhurst Street approximately 300 feet north of Ball Road. CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 27 At their meeting held July 25, 2000, the Anaheim City Council adopted Resolution No. 2000R-144 declaring its intention to vacate cedain public streets, highways and service easements, and to consider abandoning that certain easement for water utility purposes located on the east side of Brookhurst Street approximately 300 feet north of Ball Road. REQUESTED BY: David R. Gray, Inc. on behalf of Walgreens, 2510-G Las Posas Road #455, Camarillo, CA 93010 Staff report was given by Natalie Meeks, Public Works Department, which is available in the City Clerk's Office. Mayor Daly opened the public hearing and hearing no testimony, he closed the hearing and moved to approve the CEQA finding, Categorically Exempt, Class 5, motion carried unanimously. Mayor Daly offered the Resolution for adoption. RESOLUTION NO. 2000R-187 A RESOLUTION OF THE CITY QF ANAHEIM vacating certain public streets, highways and service easements (Abandonment No. 00-11A.) Roll call vote - Ayes: 5 Noes: 0. Motion carried. C2. CONTINUED PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 2000- 00376 CODE AMENDMENT NO. 2000-00002 RECLASSIFICATION NO. 2000-00023 AND MITIGATED NEGATIVE DECLARATION REQUEST FOR CITY COUNCIL REVIEW: REQUESTED BY: City of Anaheim (Redevelopment Agency), 201 South Anaheim Boulevard, Suite 1003, Anaheim, CA 92805 LOCATION: Subject area consists of approximately 430 acres located along, and surrounding, Anaheim Boulevard between Broadway to the north and the Santa Ana (I-5) Freeway to the south. General Plan Amendment No. 2000-00376 - A proposed amendment to the Land Use Element of the General Plan to: a) redesignate propedies from the General Industrial, General Commercial, Medium Density Residential and Low Density Residential designations to the Low-Medium Density Residential designation; b) redesignate properties from the General Industrial, Business Office/Mixed Use/Industrial, Commercial Professional, Medium Density Residential and Low- Medium Density Residential designations to the General Commercial designation; c) redesignate properties from the General Commercial, Medium Density Residential, and Low Density Residential designations to the Commercial Professional designation; and, d) redesignate properties from the General Commercial and Medium Density Residential designations to the Special Park Site designation. CITY OF ANAtlE1M CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 28 Code Amendment No. 2000-00002 - To amend Title 18 to establish the South Anaheim Boulevard Commercial Corridor (SABC) Overlay Zone which would serve to: a) permit new land uses in the Overlay Zone area in addition to those allowed under existing zoning; b) establish a design review process for future development projects within the Overlay Zone area; c) adopt, by reference, a Master Plan for public and private landscaped areas; d) restrict establishment of additional locations for off-premises sales of alcoholic beverages and e) adopt a sign amortization program which would require the removal of freestanding signs not in conformance with the sign regulations contained within the Anaheim Municipal Code after a 15-year amortization period. Reclassification No. 2000-00023 - To reclassify subject area by combining the South Anaheim Boulevard Commercial Corridor (SABC) Overlay Zone with each parcel's existing underlying zoning designation removing certain properties located north of Katella Avenue, including east of the Santa Ana (I-5) Freeway, south of the Southern California Edison Easement and west of the Southern Pacific Railroad right-of-way from the Sports Entertainment (SE) Overlay Zone resolution of intent. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended adoption of General Plan Amendment No. 2000-00376, Exhibit A, to City Council (PC2000-60) (5 yes votes, Commissioners Bostwick and Boydstun abstained). Recommended adoption of Code Amendment No. 2000-00002 to City Council. Reclassification No. 2000-00023 Granted (PC2000-61). Approved Mitigated Negative Declaration. Set for public hearing on June 20, 2000, due to GPA No. 2000-00376. Public hearing continued from the meetings of June 20, 2000, Item C2 and August 8, 2000, Item C3. Council Member Feldhaus said the Planning Commission heard final refinements to the plan yesterday and he expressed his desire to continue the item, giving him the opportunity to discuss the changes. He suggested a workshop would aid all Council Members. Mayor Daly asked if there were any time constraints to adoption of the plan. Elisa Stipkovich, Executive Director Community Development Department, said there were no time constraints. She said it had been noticed as a public hearing and hoped the hearing process would be taken care and continued if necessary. Mayor Daly opened the public hearing and asked for public comments. John Lent, 139 West Winston Road, said his property was a tri-plex and appeared to be excluded from the redevelopmerit area by a blue dashed border. He said he discussed it with staff and they explained that it would not make him ineligible for low interest loans and he wondered if there were advantages to being included in the development area. He said the proposal appeared to remove his property from the Light Commercial Zone classification, which it always had. He noted his concern because the property would be suitable for a care home. Mr. Lent explained to the Mayor and Council the poor conditions the care homes were in and the problems he was having with them and Mayor Daly said he would ask the police and appropriate staff to review the situation. CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 29 Executive Director of Community Development, Elisa Stipkovich said what staff was proposing was an overlay zone and the proposed uses would only be in addition to the current property uses. Whatever zoning currently was in use, would be maintained, she explained. In terms of Mr. Leni's request for additional alternatives, she said she would have to study it further. Regarding changing the redevelopment area boundaries, she explained that would be a very complex issue at this time and if Mr. Leni qualified under rehabilitation loan programs, staff would work with him. Ms. Stipkovich said staff would meet with the Council Members to go over the overlay zone in more detail and to answer any questions. Council Member Tait asked if everything a property owner could do with his property this date, he could continue to do. Ms. Stipkovich said in terms of zoning, staff was proposing to add to alternatives they would have. Regarding CUP's she did not think there were any changes. She said design guidelines would return to Council for adoption. Council Member Tait wondered if the use did not change, would they have to go through the design review. Rob Zur Schmiede, Redevelopment and Property Services Manager, responded the design review provisions of the overlay zone applied only to property within the redevelopment project area boundary and the overlay zone overlapped that boundary. At the request of the Planning Commission, he explained, staff would go through the Planning Commission to the Agency with design guidelines that would be followed on new project applications. If they were projects that availed themselves of existing zoning, they would be subject to the design review process, he explained, and if it were under the alternative zones proposed by the overlay zone, they would be subject to them as well. Council Member Tait said he was concerned about making things more restrictive than what the property owners could do right now, he wished to expand uses. Ms. Stipkovich clarified that it would be a staff and consultant type of review only after the Council was given the design guidelines, which they would adopt. Council Member Tait said he would accept that on the additional uses, but he would have a problem accepting that on existing uses. Rob Zur Schmiede said the General Plan Amendment could effect the uses. He said the requested General Plan Amendment would change the General Plan to conform to the optional uses shown on the overlay zone. He explained that if a person had an existing development using existing zoning and if a subdivision was proposed, the act of approving the subdivision would require a finding that it was in conformance with the General Plan and that finding could not be made, it could be a limitation. Council Member Tait said he would set up a meeting with staff to discuss the matter. CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 30 Mayor Daly asked if the Quickset Property was outside the redevelopment area and Ms. Stipkovich clarified that it was in redevelopment, outside this padicular study area. Mayor Daly asked staff for an update on the properly. Ms. Stipkovich said they were considering residential, but they were informed by the property owner and by their consultants that due to the difficulty with some of the toxic issues on the site, that it was highly improbable and they were looking at keeping it in industrial use but with improvements. Mayor Daly closed the public hearing for this date, adding it would continue if additional public comments were necessary. Mayor Daly moved to continue General Plan Amendment No. 376 to September 26, 2000, seconded by Council Member Kring. Motion carried unanimously. C3. PUBLIC HEARING - VARIANCE NO. 2000-04397 CATEGORICALLY EXEMPT-CLASS 3: OWNER: John H. Haney, 668 South Pathfinder Trail, Anaheim, CA 92807 AGENT: Gloria D. Haney, 668 South Pathfinder Trail, Anaheim, CA 92807 LOCATION: 668 South Pathfinder Trail. Properly is 0.24 acre located on the south side of Pathfinder Trail, 690 feet east of the centerline of Scout Trail. Waiver of (a) maximum fence height and (b) required side yard setback, to retain a patio structure and built up wall. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 2000-04397 DENIED (PC2000-81) (6 yes votes, Commissioner Arnold absent). Informational item at the meeting of July 11, 2000, Item B2. Letter of appeal submitted by the Agent, Gloria Haney. Mayor Daly noted Council had received a letter from the owner requesting a continuance. Mayor Daly moved to continue the item to September 26, 2000. Motion carried unanimously. C4. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3400 (CUP TRACKING NO. 2000-04230) CEQA CATEGORICALLY EXEMPT-CLASS 1: OWNER: Lederer- Anaheim Ltd., 1990 Westwood Boulevard, 3rd floor, Los Angeles, CA 90025 AGENT: Farano & Kieviet, Attn: Thomas Kieviet, 2300 East Katella Avenue #235, Anaheim, CA 92806 LOCATION: 1440 South Anaheim Boulevard. Property is 14.74 acres located north and east of the northeast corner of Cerritos Avenue and Anaheim Boulevard (Anaheim Indoor Marketplace). To request reinstatement of this permit by modification or deletion of a condition of approval pertaining to a time limitation (originally approved on July 23, 1991, to expire on April 22, 2001) to retain an indoor swap meet. ACTION TAKEN BY THE PLANNING COMMISSION: CITY OF ANAHE1M CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 31 Approved reinstatement of CUP NO. 3400 (CUP TRACKING O. 2000-04230) to expire July 17, 2010 (PC2000-89) (4 yes votes, Commissioner Bostwick abstained, and Commissioners Arnold and Boydstun absent). Informational item at the meeting of August 8, 2000, Item B1. Review of the Planning Commission's decision requested by Council Members Feldhaus and McCracken. Staff report was given by Greg Hastings, Planning Depadment, which is available in the City Clerk's Office. Mayor Daly opened the public hearing. Tom Kieviet, Farano & Kieviet, 2300 East Katella Avenue, spoke on behalf of Lederer and Lederer Anaheim Ltd. He said their initial request was to reinstate CUP 3400 without a time limit, but the Planning Commission granted a 10 year extension, which he said the property owner could live with, however, the matter was pulled by Council Member Feldhaus due to concerns and questions regarding the extension, since staff was only recommending two years. He said they had met with staff and Council Member Feldhaus. He informed that Mr. Lederer agreed that the marketplace was an interim use however the short term time limit of anything less than 10 years would have a detrimental effect on the willingness and the ability of the properly owner to maintain and upgrade the property. Putting a long-term time limit or removing the time limit altogether would not prohibit the property from being redeveloped with a high and better use when the market was ready. He said there was no opposition to their request, numerous petitions were signed by the community indicating they did not oppose the request. He said they had attempted to alleviate any concerns Council may have regarding reinstatement of the CUP prior to the hearing. He explained that Mr. Lederer apologized through Mr. Kieviet for not being able to attend. Mr. Kieviet said if Council approved the reinstatement of the CUP, as it was granted by Planning Commission, they would live with the 10-year extension, If Council still had concerns, he said they would request a continuance of the hearing so they could make a more complete presentation and have Mr. Lederer available. He said if Council was willing to approve the CUP for another 10 years, they asked if Council would consider the condition that called for the removal of the so called reader board sign, adding that it was a misnomer in that while it was originally installed as a reader board sign, it never functioned as a reader board, it was a permanent one statement sign. He asked that it remain until the market place use ceased, he said while it was non-conforming, it did provide the most visible signage from the street. He referred to photos of the sign he had provided to Council. He said they were willing to record an enforceable covenant that would require the tall sign to come down at the time the market place ceased. He said he wished to preserve their right to make a full presentation of all the reasons and justifications for reinstating the CUP with the property owner present. He added that the reason the CUP originally had a 10-year time limit was because it was an untested use, it had proven itself, and the property owner had put in an extensive amount into the property to make it usable as a market place facility. Council Member Feldhaus asked why they did not remove the free standing sign that said Anaheim Indoor Market Place since they say it can not be seen. He said he could see it from many views. CITY OF ANAIIEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 32 Mr. Kieviet said that was a new sign, it was conforming, they viewed it as not being as visible as the tall sign closet to the building. Council Member Feldhaus said his initial concern was about the 10-year extension of time and the possibility of selling the property. Mr. Kieviet said he understood that Redevelopment contacted Mr. Lederer to find out what his proposed future plans were for the property and what was relayed to Mr. Kieviet was that the contact was not made to acquire the property or to make an offer. Council Member Feldhaus responded that Mr. Lederer wanted to get a 10 year extension so he could borrow about $1 million against the property in order to comply with the Planning Commission condition to clean up the lot and put in new mechanical equipment. Mr. Kieviet said that was part of it, the financing was an important element, if he had a short time CUP, he would not be able to obtain responsible financing and it would also impact the ability to retain and solicit new tenants. Council Member Feldhaus said he agreed, that he felt 2 years was too shod, and in view of what the City wanted to do with the overlay of the Boulevard, maybe he could get by with a 5 year with l-year contingency. Council Member Kring said Mr. Lederer had many conditions to comply with and she said she was comfortable with the 10-year time frame. Mayor Daly said he could support the Planning Commission's action. Council Member McCracken said she was comfortable with the Planning Commission decision but she voiced her concern over the sign. Council Member Tait said he would also agree with the Planning Commission decision. Council Member Feldhaus commented that there appeared to be a need for bus stop and bus benches at the northeast corner. John Leni, 139 West Winston Road, requested the area be cleaned up and landscaping be installed. Mayor Daly closed the public hearing. Council Member Feldhaus moved to approve the CEQA environmental finding, Categorically Exempt, Class1, seconded by Mayor Daly. Motion carried unanimously. Mayor Daly offered the Resolution for adoption. RESOLUTION NO. 2000R-188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM reinstating and approving Conditional Use Permit No. 3400 for 10 CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 33 years to expire August 29, 2010 and amending cedain conditions of approval of Resolution Nos. 91R-165, 91R-239, PC92-95 and 92R-162. Roll call vote - Ayes: 5 Noes: 0. Motion carried. C5. PUBLIC HEARING -VARIANCE NO. 2000-04401, CATEGORICALLY EXEMPT-CLASS 5: OWNER: Richard L. Johnson, Trustee of the Richard and Gene Johnson Trust, P.O. Box 1759, Blue Jay, CA 92317 LOCATION: 515 West Chestnut Street. Property is 0.17 acre located on the south side of Chestnut Street, 220 feet west of the centerline of Harbor Boulevard. Waiver of (a) minimum number of parking spaces (b) required screening of parking areas, (c) minimum building site area per dwelling unit and (d) design of vehicular parking areas, to construct an additional two-unit apartment building in conjunction with an existing duplex. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 2000-04401 DENIED (PC2000-90) (5 yes votes, Commissioners Arnold and Boydstun absent). Informational item at the meeting of August 8, 2000, Item B1. Review of the Planning Commission's decision requested by Council Members Feldhaus and McCracken. Greg Hastings, Planning Department, presented the staff report, which is available in the City Clerk's Office. Mayor Daly opened the public hearing. Mayor Daly asked if the property owner wished to present his case and no one responded for the properly owner. Mayor Daly closed the public hearing. Mayor Daly moved to deny the CEQA finding, Categorically exempt, Class 5, seconded by Council Member McCracken. Motion carried unanimously. Mayor Daly offered Resolution No, 2000R-189, denying the request for a variance. Roll call vote - Ayes: 4 Noes: 0. Motion carried. (Council Member Feldhaus was temporarily absent) Items B1 throuqh B5 From Plannin.q Commission Meetin.q of Auclust 14, 2000: (No action necessary unless Council desires to set a particular item for public hearing.) APPEAL PERIOD ENDS SEPTEMBER 5, 2000: CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 34 B1. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2000-04221 AND NEGATIVE DECLARATION: OWNER: Evergreen Royalle, 12631 Sunswept Avenue #1, Garden Grove, CA 92843 AGENT: O'Neal Communications Group, Attn: Saied Naaseh, 18500 Von Karman Avenue #870, Irvine, CA 92612 LOCATION: 1919 East Center Street. Property is 3.1 acres located on the north side of Center Street, 310 feet west of the centerline of State College Boulevard (Evergreen Motel). To construct a telecommunications monopole with waiver of minimum interior yard setback. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 2000-04221 GRANTED IN PART (PC2000-93) (5 yes votes, Commissioners Boydstun and Bristol absent). Denied waiver of code requirement. Approved Negative Declaration. Mayor Daly clarified that the original staff recommendation was against the proposal for a telecommunications monopole and then a new design was introduced at the Planning Commission meeting, which was more in accordance with the Planning staffs feelings. He said he remained concerned over some issues, namely the visibility of the pole from surrounding neighborhoods at State College and Lincoln. Joel Fick, Planning Director, said the design changed drastically from a monopalm proposal to a flagpole, which would operate as a normal flagpole. Mayor Daly asked if the owner would be responsible for maintaining the flag in good condition. Mr. Fick said that staff and Planning Commission shared the same concern and added a condition that requires the flag at that site to be maintained in "like new condition". Mayor Daly asked if the pole was lit at night and Mr. Fick said he was unsure if it was to be lighted, but if it was flown at night, it must be lighted. Mayor Daly expressed his concern since this was a lease of the site. Mr. Fick noted it was only a five-year approval so the property could be monitored. City Attorney White said he did not think the Planning Commission limited the hours the flag could fly however, Council could pose a limitation on the hours and include a condition regarding the condition of the flag. Mayor Daly said he wished to ask for a hearing to clarify the remainder of his questions. Mr. Fick said staff would, in the interim, contact the applicant on the items not discussed at the Planning Commission meeting and have the answers during the Council hearing. CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 35 Council Member McCracken seconded the Mayor's request for a hearing. B2. CONDITIONAL USE PERMIT NO. 2000-04242 CATEGORICALLY EXEMPT-CLASS 32: OWNER: Lakeview Investment Company Ltd., Attn: Kaye F. Richey, 1667 East Lincoln Avenue, Orange, CA 92865 AGENT: Paula Schlue, 430 North Lakeview Avenue, Anaheim, CA 92807 LOCATION: 404-452 North Lakeview Avenue. Property is 3.1 acres located nodh and east of the northeast corner of Lakeview Avenue and McKinnon Drive. To establish conformity with existing Zoning Code land use requirements for an existing nonconforming commercial retail center and liquor store, and to permit a massage facility in the same center. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 2000-04242 GRANTED for one year to expire August 14, 2001 (PC2000-94) (5 yes votes, Commissioners Boydstun and Bristol absent). B3. VARIANCE NO, 2000-04403 CATEGORICALL EXEMPT-CLASS 11: OWNER: NMC Anaheim, LLC, Attn: Ken Self, 18801 Ventura Boulevard, Suite 300, Tarzana, CA 91356 LOCATION: 2180 East Lincoln Avenue. Property is 27.8 acres located at the southeast corner of Lincoln Avenue and State College Boulevard (Anaheim Town Square). Waiver of (a) maximum area of signs, (b) minimum distance between signs, (c) maximum height offreestanding signs, (d) maximum sign width, and (el minimum sight distance, to construct a 16-foot high corner monument sign within an existing commercial center. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 2000-04403 GRANTED (PC2000~95) (4 yes votes, Commissioner Vanderbilt voted no and Commissioners Boydstun and Bristol absent). REPORT AND RECOMMENDATION ITEMS: B4. REQUEST FOR DETERMINATION OF CONFORMANCE WITH THE ANAHEIM GENERAL PLAN: Michael Worley, North Orange County ROP, 2360 West La Palma Avenue, Anaheim, CA 92801, requests a determination of substantial conformance with the Anaheim General Plan for the proposed lease of classroom space for a business school. Property is located at 1177 North Magnolia Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: Determined to be in conformance with the Anaheim General Plan (5 yes votes, Commissioners Boydstun and Bristol absent). CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 36 BS. CONDITIONAL USE PERMIT NO. 4128 (CUP TRACKING NO. 2000-04238) AND NEGATIVE DECLARATION - REQUEST FOR REVIEW AND APPROVAL OF FINAL PLANS: Dennis McCullough, 17875 Von Karman, Suite 301, Irvine, CA 92614, requests review and approval of final building elevations, landscape and sign plans for a previously approved commercial retail center. Property is located at 600-626 North Brookhurst Street. ACTION TAKEN BY THE PLANNING COMMISSION: Approved final plans for CUP NO. 4128 (CUP TRACKING NO. 2000-04238) (4 yes votes, Commissioner Vanderbilt voted no and Commissioners Boydstun and Bristol absent). Negative Declaration previously approved. Items B6 through B8 From Zonin,q Administrator Meeting of Au,qust 10, 2000: (No action necessary unless Council desires to set a particular item for public hearing.) APPEAL PERIOD ENDS SEPTEMBER 1, 2000 B6. CONDITIONAL USE PERMIT NO. 2000-04241 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Imperial Properties, P.O. Box 7250, Newport Beach, CA 92658 AGENT: Art Rodriguez and Associates, 709 East Colorado Boulevard, # 210, Pasadena, CA 91101 LOCATION: 5775 East Santa Ana Canyon Road ~ Canyon Plaza Shopping Center: Property is 15.0 acres iocated at the northeast corner of Santa Ana Canyon Road and Imperial Highway, having frontages of 1,095 feet on the north side of Santa Ana Canyon Road and 570 feet of the east side of Imperial Highway. To permit on-pramises sales and consumption of aicoholic beverages within a restaurant. ACTION TAKEN BY THE ZONING ADMINISTRATOR: CUP NO. 2000-04241 APPROVED (ZA DECISION NO. 2000-29). B7. VARIANCE NO. 2000-04402 AND NEGATIVE DECLARATION: OWNER: Jerine A. Knox, 226 South Glassell Street, Orange, CA 92866 AGENT: Malkoff & Associates, 18456 Lincoln Circle, Villa Park, CA 92861 Scott Minami LOCATION: 1190 North Van Home Way: Property is 0.51 acre located at the southeast corner of Coronado Street and Van Horne Way, having frontages of 125 feet on the south side of Coronado Street and 179 feet on the east side of Van Home Way. Waiver to permit and retain existing unpermitted 22-foot high ground-mounted equipment for a wood shop facility in the SP94-1, Development Area No. 1 (Industrial Area) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Approved Variance No. 2000-04402 (ZA DECISION NO. 2000-30). B8, VARIANCE NO. 2000-04409 AND NEGATIVE DECLARATION: CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 37 OWNE R: City of Anaheim - Housing Authority, 201 South Anaheim Boulevard # 1003, Anaheim, CA 92805 ATTN: Elisa Stipkovich AGENT: Anaheim Revitalization Partners L.P., 18201 Von Karmen Boulevard Ste. 400, Irvine, CA 92612 Frank Cardone LOCATION: 1545 - 1633 South Michelle Drive, 1528 - 1634 South Michelle Drive, 1529 - 1633 South Jeffery Drive, 1528 - 1634 South Jeffery Drive, and 1529 South Walnut Street: Property is 14.8 acres generally bounded by Lynne Avenue to the north, Walnut Street to the east, Audre Drive to the south, and Hampstead Street to the west, with frontages of 700 feet along the south side of Lynne Avenue, 765 feet along the west side of Walnut Street, 830 feet along the north side of Audre Drive, and 570 feet along the public alley immediately east of Hampstead Street. Waive required lot frontage and minimum unit size to permit a City of Anaheim Housing Authority - initiated multiple family rehabilitation project which will include the reconfiguration of existing units, increasing the number of bedrooms, adding floor area onto existing units, and reducing the overall unit count for an existing apartment complex. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Approved Variance No. 2000-04409 (ZA DECISION NO. 2000-31) in part, denying the waiver of required lot frontage). Approved Negative Declaration. Items B9 through Bll From Zonin.q Administrator Meetin.q of August 24, 2000: (No action necessary unless Council desires to set a particular item for public hearing.) Decision made: August 24, 2000. APPEAL PERIOD ENDS SEPTEMBER 8, 2000: B9. ADMINISTRATIVE ADJUSTMENT NO. 2000-00198: OWNER: Kandee D. Baird, 8355 East Quiet Canyon Coud, Anaheim, CA 92808 LOCATION: 8355 East Quiet Canyon Court. Property is 0.10 acre, having a frontage of 40 feet on the north side of Quiet Canyon Coud with a maximum depth of 110 feet located 160 feet east of the centerline of Quiet Canyon Lane. Waiver of minimum side yard setback (5 feet required; 4 feet proposed) to construct a 6 square-foot dining room addition within the required side yard setback of a single-family residence in the SP88-2 (The Summit) Development Area 104 Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 2000-00198 APPROVED (ZA DECISION NO. 2000-32). B10. ADMINISTRATIVE ADJUSTMENT NO. 2000-00'199: OWNER: William Nuebline, 1670 East Belmont Avenue, Anaheim, CA 92805 LOCATION: 1670 East Belmont Avenue. Properly is 0.15 acre, having frontages of 56 feet on the south side of Belmont Avenue and the north side of La Palma Avenue and a maximum depth of 120 feet located 200 feet west of the centerline of Baxter Street. CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 38 Waiver of maximum fence height (3 feet high permitted; 6 feet high proposed) to construct a 6 square-foot wrought iron fence and sliding gate within the required front yard setback of a single family residence in the RS-5000 (Residential, Single Family) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 2000-00199 APPROVED (ZA DECISION NO. 2000-33). Bll. ADMINISTRATIVE ADJUSTMENT NO. 2000-00188: OWNER: Leonides E & Natalia C. Crook, 1203 North Maplewood Street, Anaheim, CA 92805 LOCATION: 1203 Nodh Maplewood Street: Properly is 0.16 acre located on the northwest corner of Maplewood Street and Romneya Drive having a frontage of 55 feet on the west side of Maplewood Street and a frontage of 85 feet on the north side of Romneya Drive Waiver of maximum fence height within a required front yard setback (3 feet permitted; 5.5 feet proposed) to construct a 5.5 foot high block wall and wrought iron fence within the required front yard setback area of a single-family residence in the RS-7200 (Residential, Single Family) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 2000-00199 APPROVED (ZA DECISION NO. 2000-34). B12. ORDINANCE FOR INTRODUCTION: ORDINANCE NO. 5736 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Ordinance No. 5378, as previously amended, relating to Specific Plan Adjustment No. 3 to the Disneyland Resort Specific plan No. 92-1 (Chapter 18.78 of the Ariahelm Municipal Code). Mayor Daly offered the ordinance for first reading. D. Report on Closed Session Actions: City Attorney Jack White declared that the Council had approved an agreement for engineering services with URS Corporation Americas for consultation with the City Attorney's Office on matters of pending litigation, He repoded the vote was unanimous. E. Council Communications: Council Member Feldhaus commended the City Manager for his quick response to the evacuation of Delco Field little league softball. He asked that the Council be kept informed. City Manager Ruth said they were working with the little league and owners of the field to see if they could preserve the diamonds. CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 29, 2000 PAGE 39 Council Member Feldhaus reminded everyone about the Holloween Parade to be held Saturday, October 21st. Council Member Feldhaus mentioned the Young Marines were losing their home at Tustin Marine Corp. Base and stated he was looking for an armory for their new home. Mayor Daly commented that the City of Anaheim would host the League of California Cities annual conference the first week in September. Adjournment: There being no furlher business to come before the Council, Mayor Daly adjourned the meeting at 9:45 P.M. Respectfully submitted: Sheryll Schroeder, CMC City Clerk !I I