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2000/12/05ANAHEIM, CALIFORNIA- CITY COUNCIL MEETING DECEMBER 5, 2000 The City Council of the City of Anaheim 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, Assistant City Clerk Cynthia DanieI-Garcia, Community Development Director Elisa Stipkovich, Housing Manager Bertha Chavoya A copy of the agenda for the meeting of the Anaheim City Council was posted on December 1, 2000 at the City Hall inside and outside bulletin boards. Mayor Daly called the regular meeting to order at 3:14 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. WORKSHOP: City Manager Jim Ruth introduced the Housing Element workshop, which was presented by Community Development Director Elisa Stipkovich. Community Development Director Elisa Stipkovich introduced Celeste Brady from Stradling, Yocca Law Firm who worked on the Housing Element with Community Development and Ralph Castenedas, the consultant working with Community Development on preparing the Housing Element. She explained that December 31, 2000 was the State deadline for adoption of a Housing Element. She said based on the City Council comments today, Community Development would take the draft document and submit it to the State and then the State would have 45 days to review the document. When Community Development received comments from the State, they would be incorporated into the final Housing Element, which would then go to City Council for approval at a public hearing. Community Development Director Stipkovich then gave a power point presentation. During the power point presentation, a discussion regarding the Orange County Council of Governments was initiated by Council Member Tait and responded to by Council Member McCracken. Mayor Daly directed staff to present more information to City Council regarding the Orange County Council of Governments. Community Development Director Stipkovich said that there were 100,000 units given to Orange County and Anaheim received 8,200 as its new construction needs in the previous cycle, which was in 1994. Orange County received 75,500 and Anaheim received 11,500 this time. Director Stipkovich said that they had not received explanations from the Orange County Council of Governments or Southern California Association of Governments pertaining to the allocation. She explained that the City needed to have a certified Housing Element to have the Anaheim General Plan be in conformance. Community Development would use the numbers provided by the Southern California Association of Governments even though there were other numbers that Community Development felt would be more appropriate. "IT r CITY OF ANAHEIM CITY COUNCIL MINUTES DECEMBER 5, 2000 PAGE 2 Council Member Feldhaus asked what would happen if the State chose not to certify the document by December 31, 2000. Celeste Brady of the Stradling, Yocca Law Firm, said that the State had 45 days to respond with comments on the draft Housing Element and those comments would be incorporated into an action item that would come before City Council in February 2001. Since the Housing Element was one component of the Anaheim General Plan, action could not be taken by the City Council unless Anaheim had a valid Housing Element and all the elements that compose a general plan, she said, so it would be important to comply with the State law requirements. Community Development Director Stipkovich continued with her presentation. She noted that the Mountain Park project would be an opportunity of about 8,000 units of housing. Director Stipkovich said that she was not sure if it would happen over the next five years, but Anaheim did have the right to incorporate it into the Housing Element. There was another 800 acres identified and Community Development took an average of ten units to the acre, which was considered very low density, and combined with Mountain Park, she said that staff could show that the City could theoretically develop over 15,000 units. Cal State Fullerton puts out the numbers and then they were approved and accepted by the Orange County Council of Governments and Southern California Association of Governments she said. Mayor Daly asked if the rental assistance number of 5,200 was all Section 8 Housing and Community Development Director Stipkovich stated that these were all basically welfare-to-work Section 8 housing. She had been working on obtaining comparative numbers pertaining to affordable housing statistics and Section 8 Housing from other communities in (:)range County and Southern California. Mayor Daly requested statistics pertaining to the state of affordable housing in Anaheim for the general public to obtain; adding that it should show how it compared to other cities. Community Development Director Stipkovich said that we could get Section 8 Housing from the County Housing Authority since they had to track it per city. Mayor Daly believed that the city with the lowest percentage of single-family detached housing was Anaheim and that Anaheim had a higher percentage of everything else such as condominiums, apartments, mobile home parks and other types of housing. Community Development Director Stipkovich said that the 8,281 was a realistic goal and was not just affordable housing, it was all development in the City and would be placed in the Housing Element. If the City had to complete 11,000 units, they had sufficient acreage for that to occur but was not obligated to show how the City could build that out, she said. Anaheim would just have to have the ability to build 11,000 units in five years but would not actually have to have them build it all out she said. Director Stipkovich added that the Kaufman and Broad project in downtown had thirty-percent affordable housing in it. Community Development was only placing 1,771 units as the new construction objective and that the Department only had 1990 census data to rely on, she said, and not the year 2000. It was explained that the document presented to Council was a rough draft of the Housing Element and changes, cleanup and input from the Council would be made to it by Community Development. Ms. Stipkovich said the State had a 45-day period to comment and Community Development would have to make further modifications. She concluded by saying that it would CITY OF ANAHEIM CITY COUNCIL MINUTES DECEMBER 5, 2000 PAGE 3 then be submitted to Council for approval at a public hearing some time in February and then formal submission to the State for certification. City Manager Jim Ruth concluded the workshop. ADDITIONS/DELETIONS TO CLOSED SESSION: City Attorney Jack White noted there were no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Closes Session items. Mayor Daly moved to recess to Closed Session, seconded by Council Member McCracken. Motion carried unanimously. The Council recessed to Closed Session at 4:25 P.M. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) 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). m CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Kord Group v. The Fieldstone Company, et al., Orange County Superior Court Case No. 76-32-58. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Cox, et al. V. City of Anaheim, et al., United States District Case No. CV98-3286-RAP(SHx). CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: City of Anaheim v. Hathaway, et al., Orange County Superior Court Case No. 80-90-05. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code: one potential case. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 3.89 acres of property located at the southwest corner of the I-5 Freeway and Magnolia Avenue, 1211-A Magnolia Avenue, Anaheim, California Agency negotiator: James D. Ruth Negotiating parties: City of Anaheim and Delphi Automotive Systems, LLC Under negotiation: price and terms m ANNUAL EMPLOYEE PERFORMANCE EVALUATIONS Titles: City Manager, City Attorney, City Clerk, City Treasurer CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: David Hill CITY OF ANAHEIM CITY COUNCIL MINUTES DECEMBER 5, 2000 PAGE 4 m Employee organization: Anaheim Municipal Employees Association CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: David Hill Employee organization: International Brotherhood of Electrical Workers, Local 47; General Truck Drivers Union, Local 952; and Service Employees International Union, Local 1877. 10. CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: David Hill Employee organization: Anaheim Police Association 142 AFTER RECESS: Mayor Daly called the regular Council meeting of December 5, 2000, to order at 5:29 P.M. and welcomed those in attendance. STAFF PRESENT: City Manager Jim Ruth, City Attorney Jack White, City Clerk Sheryll Schroeder, Parks Superintendent Jack Kudron, Traffic and Transpodation Manager John Lower, Community Development Director Elisa Stipkovich, Planning Director Joel Fick, Zoning Division Manager Greg Hastings, Code Enforcement Supervisor John Poole INVOCATION: Pastor Charles Lopez, Grace Lutheran Church. FLAG SALUTE: Council Member Shirley McCracken. PUBLIC COMMENTS: There were no public comments regarding the adoption of the Resolution declaring the election results. Mayor Daly offered Resolution No. 2000R-247 for adoption: RESOLUTION NO. 2000R-247 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 7, 2000, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW. Roll call vote: Ayes - 5. Noes - 0. Motion carried. Mayor Daly congratulated Council Member Tait and Council Member McCracken and welcomed them back for four more years. City Clerk Sheryll Schroeder administered the Oath of Office. Mayor Daly introduced and welcomed the following public officials that were present: Orange County Supervisor Cynthia Coad, State Senator John Lewis, former Assembly Member and former Speaker of the Assembly Kurt Pringle and current member of the Orange County Water Board, Irv Pickler. He also introduced former Mayor Jack Dutton and former Council Member Miriam Kaywood. CITY OF ANAHEIM CITY COUNCIL MINUTES DECEMBER 5, 2000 PAGE 5 Remarks by newly-elected Council Members. Council Member Tom Tait introduced family members and his campaign team. He thanked the Police and Fire Departments, commented on the Resort District and spoke about upgrading neighborhoods in the City. He believed that the next few years would be a time of renewed oppodunity and progress for the neighborhoods of Anaheim and he also thanked the voters of Anaheim. Council Member Shirley McCracken introduced family members and said that she had accomplished her six-point vision for Anaheim which included revitalized neighborhoods, renewed playgrounds and libraries, community centers, police and firefighters being equipped with the latest technology and a downtown area which was a cultural heritage center. She spoke of the changes in the resort area and thanked the voters of Anaheim. The Council recessed to a reception, which took place in lobby outside Council Chamber at 6:10 P.M. and reconvened the Council meeting at 6:36 P.M. PROCLAMATIONS AND DECLARATIONS: Steve Swaim presented recognition of Anaheim residents who completed the Anaheim Neighborhood Academy to approximately twenty citizens. Recognizing the City of Anaheim on receiving the American Planning Association's Outstanding Planning Implementation Award for the Anaheim Resort Signage Program was presented by Planning Director Joel Fick. Recognitions to be presented at a later date were: a declaration recognizing the Key Clubs of Anaheim, Connelly, Katella, Loara, Magnolia, Savanna, Servite, and Western High Schools and a declaration recognizing Anaheim City School District Board Member Christopher Whorton. At 6:51 P.M., Mayor Daly recessed the City Council meeting until after the Redevelopment Agency meeting. Mayor Daly reconvened the City Council meeting at 6:52 P.M. ADDITIONS/DELETIONS TO THE AGENDA: There were no additions or deletions to the agenda. PUBLIC COMMENTS: Ann Brown, 1158 North Voyager Lane, Anaheim, 92801, Vice President of the Community Council for the Anaheim Shores Community, said that their community was proud of John Marshall Park and they did not wish to have Zarif construction destroy the park to make room for twenty-six additional parking spaces. She asked the City Council to reconsider the decision. Viga Hall, 1840 West Falmouth Avenue, President of the Wellington Landing Homeowners Association, stated his concern about the plan to remove the hill on Anaheim Shores Drive, Romneya and Falmouth. He said that his condominium community did not receive any CITY OF ANAHEIM CITY COUNCIL MINUTES DECEMBER 5, 2000 PAGE 6 notification and he asked the City Council to extend that project for fifteen to thirty days to prepare and submit a non-biased questionnaire within the community to evaluate and get their feedback about the parking lot enlargement. Charles Wilson, 1237 East Bell Avenue, Anaheim, said that he played softball on Monday, Tuesday, Wednesday and Thursday at John Marshall Park. He said that there were approximately 200 persons that play from 9:00 A.M. to 4:00 P.M. in the senior softball league and they needed parking. Mayor Daly said that there was on-street parking that was just to the north of the park and he asked if the members of the senior softball league ever used the on-street parking on Falmouth. Mr. Wilson replied that they did, except for Wednesdays due to street cleaning. Joe Carter, 1945 Bayshore Drive, Ariahelm, said that he had counted the cars in the available parking by the ball diamond at 10:30 in the morning and it was full with fifty cars. He said that on the weekends the park was full and people parked on both sides of Falmouth. He requested that the Planning Commission and the City Council review this item before moving ahead. Mayor Daly requested that staff comment on the availability of other on-street parking in the immediate neighborhood. Parks Superintendent Jack Kudron said that there had been two community meetings in 1998 regarding the John Marshall Park improvements, which were poorly attended. Improvements for John Marshall Park were driven primarily by the fact that they were lighting the ball fields at the park, making improvements to the play area and picnic area, he said. Because of the demand for parking and the addition of two lighted fields, said Mr. Kudron, they proposed the increased parking lot. There was no funding for the parking lot initially, he explained, and then additional funding became available and that was why the Parks Division proceeded with awarding a contract for the parking lot. The City Council had awarded the contract about two or three weeks ago to Zarif. After the award of contract, staff became aware of the concerns of the Anaheim Shores Community, he said. Mr. Kudron attended one of the resident meetings, showed them the plans and heard their concerns. Since the City Council had already awarded a contract, it would be necessary to take action to un-award the contract and there would be an estimated cost of $30,000 to $40,000 to reverse the decision. Mayor Daly asked about the parking on Falmouth and Mr. Kudron responded that there was on- street parking on La Palma Avenue and there were some red zones. He said that Servite High School had an impact on Falmouth regarding parking. Part of the project that was awarded would also include a left-turn pocket coming off of Romneya to turn into a parking lot noted the Parks Superintendent. He said that they would loose some tuff and about seven trees, but the design would work better farther away from the field and facilitate the left hand turn. He explained that Parks had not studied the south side of the existing parking lot, there was an irrigation pump in that area. They would be putting in parking behind the backstop of the main field and that would not be desirable and would lead to foul balls damaging cars. Mayor Daly asked the Parks Superintendent if they should encourage more usage of on-street parking on La Palma and he said that when the parking lot was full, he was certain that people were parking on La Palma or Falmouth. CITY OF ANAHEIM CITY COUNCIL MINUTES DECEMBER 5, 2000 PAGE 7 Mr. Kudron noted that they had not looked at removing some of the red zones on La Palma and they would have to have Traffic Engineering look at it. Traffic and Transportation Manager John Lower said that red curbs are put in place when there was a concern over site distance restrictions and to promote safe traffic flow. Council Member Feldhaus noted that Servite High School students were using the park spaces until they had a talk with the high school principle. Mayor Daly requested a site plan of the area, added that he would like to better understand the parking situation on La Palma Avenue. City Manager Ruth said that he had been to the site and there was a parking problem. The City had been working with the schools because there were some kids and teachers illegally parking over there. He stated that he would come back with a site plan for the City Council and that he would also take a look at the west side of the park. Mr. Kudron noted that City Council had already awarded the bid and the contractor was anxious to start. Council Member Tait asked that this item be placed on the next agenda. Mr. Hall re-addressed the City Council stating that he had at least thirty parking spaces in his condominium complex that were not used during the day on Wednesdays and he volunteered that area for parking, stating that he believed that this would help alleviate the problem. 118 156, 142 Mayor Daly moved to waive reading in full of all ordinances and resolutions, seconded by Council Member McCracken. Motion carried unanimously. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A31: On motion by Mayor Daly, seconded by Council Member McCracken, the following items were approved unanimously in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Council Member Tait abstained on Item A21. Mayor Daly offered the Resolutions for adoption and offered Ordinance No. 5743 for adoption. Motion carried unanimously. A1. Reject certain claims filed against the City. A2. 105 Receive and file minutes of the Anaheim Police Department Crime & Clearance Analysis for the month of October, 2000; Mother Colony House Advisory Board meeting held September 1, 2000; minutes of the Anaheim Public Library Board meeting held October 4, 2000; minutes of the Anaheim Redevelopment & Housing Commission meetings held October 4, 11, and 18, 2000; and minutes of the Anaheim Public Utilities Board meeting held October 5, 2000. A3. ORDINANCE NO. 5743 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 5.04.110 of Chapter 5.04 of Title 5 of the Anaheim Municipal Code pertaining to bicycle licensing. (Introduced at City Council meeting of November 14, 2000, Item A9.) 185 105 167 150 123 123 123 123 158 160 160 123 CITY OF ANAHEIM CITY COUNCIL MINUTES DECEMBER 5, 2000 PAGE 8 A4. Determine, on the basis of the evidence submitted by Robert H. Shelton, representing the Pointe* Anaheim Project, that the developer has complied in good faith with the terms and conditions of Development Agreement No. 99-01 for the 1999-2000 review period and approve assignment of Development Agreement No. 99-01 to Excel Pointe Anaheim, LLC. (Continued from the City Council meeting of November 14, 2000, Item A19.) A5. Regretfully accept the resignation of Delia Schweitzer from the Anaheim Public Utilities Board and instruct the City Clerk to post the Notice of Unscheduled Vacancy pursuant to Government Code Section 54974. A6. Award the contract to the lowest responsible bidder, Steiny & Company, Inc., in the amount of $205,020 for traffic signal and interconnect improvements Santa Ana Canyon Road and Solomon Drive and at Knott Avenue and Orange Avenue and approve the Escrow Agreement pertaining to contract retentions with Steiny & Company, Inc., and authorize the Finance Director to sign said agreement. A7. Award the contract to the lowest responsible bidder, Terra-Cal Construction, Inc., in the amount of $1,036,925.85 for Walnut Grove Park improvements and approve the Escrow Agreement pertaining to contract retentions with Terra-Cal Construction, Inc. and authorize the Finance Director to sign said agreement. A8. Approve an agreement with Advantec Consulting Engineers in an amount not to exceed $30,865 for design and construction support services for the Ball Road West ITS Project. A9. Approve an agreement with P&D Consultants, Inc., in an amount not to exceed $29,190 for design and construction support services for the Harbor Boulevard North ITS Project. A10. Approve an agreement with Katz, Okitsu and Associates in an amount not to exceed $29,544 for design and construction support services for the Euclid Street Traffic Signal Coordination Project. All. Approve an agreement with P&D Consultants, Inc., in an amount not to exceed $29,350 for design and construction support services for the Ball Road Central ITS Project. A12. RESOLUTION NO. 2000R-248 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the sale of City-owned property located at 1931 East Rosewood Avenue. A13. Waive Council Policy 306 and ratify the issuance of a purchase order in the amount of $278,905 (tax inclusive) to G.E. Packaged Power, Inc., for the repair/exchange of the combustion turbine generator (CTG). A14. Accept the low bid of TruGreen LandCare in the amount of $49,851.50 (including taxes) for the full trim of 1,114 elm trees in accordance with Bid #6082. A15. Waive Council Policy 306 and authorize the execution of an agreement with Kone, Inc., in an amount not to exceed $173,000 for a period of one year, 123 114 123 142 123 123 143 142 182 CITY OF ANAHEIM CITY COUNCIL MINUTES DECEMBER 5, 2000 PAGE 9 beginning November 1, 2000, for elevato~escalator services for the Convention Center. A16. Waive Council Policy 306 and authorize the execution of an agreement with Edward Dietrick, dba Precision Rotor Company, for the police helicopter maintenance for a two-year period, beginning December 18, 2000, with options to renew for up to three additional years. A17. RESOLUTION NO. -- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing the days and times of the regular meetings of the Anaheim City Council for the calendar year 2001. Council member Feldhaus moved to continue this item for one week to December 12, 2000, seconded by Mayor Daly. Motion carried unanimously. A18. Waive Council Policy 401 and approve a two-year agreement with David Taussig & Associates, Inc., for consulting services in conjunction with the City's administrative responsibilities, tax rate setting, and collection for Community Facilities Districts Nos. 1989-1, 1989-2, and 1989-3 for fiscal years 2000/01 and 2001/02 in an amount not to exceed $30,000 per year. A19. ORDINANCE NO. 5744 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Title 13 of Chapter 13.12 of the Anaheim Municipal Code relating to street trees. ORDINANCE NO. 5745 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Title 18, Section 18.04.080, of the Anaheim Municipal Code relating to street trees. A20. Extend the agreement for four additional six-month periods with Managed Restaurant Services (MRS) for provision of food and beverage service at the Anaheim Hills Golf Course. A21. Approve two amendments to License Agreements between the City and Verizon Wireless to SpectraSite Holdings, Inc., at two cellular tower sites located in City parks. Parks Superintendent Jack Kudron clarified for Mayor Daly that the leases on the two cellular tower sites were ten year leases with ten year options and were only extendable by mutual consent. Council action would be necessary to exercise the options. Council Member Tait abstained. A22. ORDINANCE NO. 5746 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Chapter 6.46 to Title 6 of the Anaheim Municipal Code relating to tree trimming and removal for overhead electrical line clearance. A23. ORDINANCE NO. 5747 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Chapter 11.12 of Title 11 of the Anaheim Municipal Code relating to designation of landmark trees. A24. Approve the selection of the training agencies for the delivery of services to participants under the Workforce Investment Act (WIA) and Welfare-to-Work 174 123 123 CITY OF ANAHEIM CITY COUNCIL MINUTES DECEMBER 5, 2000 PAGE 10 programs through June 30, 2001 and authorize the Workforce Development Manager to execute WIA Vendor Agreements with such training agencies and other documents essential for the provision of services to participants. A25. Approve reallocation of the following Community Development Block Grant (CDBG) funds: (1) $131,440 of FY 1999/00 unprogrammed funds to Halcyon, YMCA, and the Vermont/Cottonwood Park project; (2) $133,875 of Citron/Haster Neighborhood Council's funds from public improvements to acquisition and development of the Vermont/Cottonwood Park; and (3) $150,000 of FY 1998/99 Anaheim Colony Neighborhood Council's public improvement funds to development of George Washington Park. Council Member Feldhaus asked if the Boys and Girls Clubs were discussed as possible recipients of the funds and Director of Community Development, Elisa Stipkovich, said that the Boys and Girls Club did not request funds at this time. She said that the YMCA was a special request and there was money that needed to be reprogrammed, there was no specific notification sent to other entities. Mayor Daly suggested that Council approve the allocations for the park sites and hold off on Halcyon and YMCA and he requested more information on the remaining two. Mayor Daly moved approval, seconded by Council Member Feldhaus, of the parks related expenditures and continued the Halcyon and YMCA portions of this item to December 12, 2000. Motion carried unanimously. A26. Approve the renewal of the contract with the Inmate Communications Corporation to provide telephone services to the Police Department Temporary Detention Facility from October 1, 2000, through September 30, 2002. A27. Approve the Fourth Amended Joint Exercise of Powers Agreement of the Orange County-City Hazardous Materials Emergency Response Authority which provides a hazardous materials emergency response system within Orange County and provides for partial reimbursements to Provider Agencies. 129 A28. Approve the City of Anaheim Hazardous Materials Area Plan. ~53 175 114 A2g. RESOLUTION NO. 2000R-249 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Police Association and the City of Ariahelm [regarding hours, wages, and other terms and conditions of employment for employees working in the classifications of Bailiff, Detention Officer, and Senior Detention Officer for the Police Department]. a30. RESOLUTION NO. 2000R-250 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM to adopt the 2000 Urban Water Management Plan (UWMP) and authorize and direct the Public Utilities General Manager to file the UWMP with the California Department of Water Resources. A31. Approve minutes of the Anaheim City Council meetings held October 17, 2000, and November 7, 2000. CITY OF ANAHEIM CITY COUNCIL MINUTES DECEMBER 5, 2000 PAGE 11 105 END OF CONSENT CALENDAR OFF CONSENT CALENDAR ITEMS A32. APPOINTMENT TO THE ORANGE COUNTY WATER DISTRICT: Nominate and appoint a Division 9 Director to the Orange County Water District to represent the City of Anaheim for a four-year term, to expire December 3, 2004. (Continued from City Council meeting of November 14, 2000, Item A21 .) Mayor Daly nominated Irv Pickler for another term on the Orange County Water Board to represent Anaheim. Council Member Tait nominated Council Member Kring. Vote on nomination of Irv Picker: Ayes - 3: Council Member McCracken, Council Member Feldhaus and Mayor Daly. Noes - 1: Council Member Tait. Council Member Kring abstained. Vote on nomination of Council Member Kring: Ayes - 2: Council Member Tait and Council Member Kring. Noes - 3: Council Member Feldhaus, Council Member McCracken and Mayor Daly. Irv Pickler was reappointed to the Orange County Water Board for another four-year term, to expire December 2004. Mayor Daly asked City Manager Ruth what the final analysis was for the water replenishment system and City Manager Ruth responded that the analysis would be submitted to Council by December 19, 2000 or in early January. Mayor Daly requested that staff pay particular attention to the Irvine Ranch Water District analysis and make comments. City Manager Ruth noted that Anaheim was satisfied in terms of Irvine Ranch Water District's mitigation of the environmental issues and the City was waiting on some financial information that Irvine was supposed to send which had not been received. Item B1 from Zoning Administrator meeting of November 16, 2000: (No action necessary unless Council desires to set a particular item for public hearing.) APPEAL PERIOD ENDS DECEMBER 8, 2000: 179 B1. ADMINISTRATIVE ADJUSTMENT NO. 2000-00203 AND CATEGORICAL EXEMPTION CLASS 1 OWNER: Dennis Kao, 5923 E. Calle Cedro, Anaheim, CA 92807 AGENT: Paul Chen, 210 S. Albans Avenue, South Pasadena, CA 91030 LOCATION: 5923 East Calle Cedro. Property is 0.11 acre having a frontage of 50 feet on the north side of Calle Cedro, a maximum depth of 100 feet, located 100 feet east of the centerline of Avenida Pina. Waiver of maximum lot coverage (35% required; 38.5% proposed) to construct a 174-sq.ft., one-story rear addition in conjunction with an existing single-family residence in the RS-5000 (SC) (Residential, Single-Family; Scenic Corridor Overlay) Zone. I'T F CITY OF ANAHEIM CITY COUNCIL MINUTES DECEMBER 5, 2000 PAGE 12 ZONING ADMINISTRATOR DECISION NO. ZA2000-43 Appeal period ended at 5:00 p.m. on Tuesday November 14, 2000. ACTION TAKEN BY THE ZONING ADMINISTRATOR: APPROVED Administrative Adjustment No. 2000-00203 (ZA DECISION NO. 2000-43). 6:00 P.M. Public Hearin.qs: 179 C1. CONTINUED PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 2000-00376 (GPA TRACKING NO. 2000-00383) CODE AMENDMENT NO. 2000-00002 AMENDMENT TO TITLE 18 "ZONING" (ZCA TRACKING NO. 2000-00003) RECLASSIFICATION NO. 2000-00023 (RCL TRACKING NO. 2000-00033) AND MITIGATED NEGATIVE DECLARATION REQUEST FOR CITY COUNCIL REVIEW REQUESTED BY: City of Anaheim (Redevelopment Agency), Attn: John Spalding, 201 South Anaheim Boulevard, 10th floor, 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. To consider modifications initiated by staff subsequent to the Planning Commission's prior actions related to the following items: General Plan Amendment No. 2000-00376 - A proposed amendment to the Land Use Element of the General Plan to: a) redesignate properties 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. Code Amendment No. 2000-00002 - To amend Title 18 by establishing the South Anaheim Boulevard 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 Corridor (SABC) Overlay Zone with each parcel's CITY OF ANAHEIM CITY COUNCIL MINUTES DECEMBER 5, 2000 PAGE 13 existing underlying zoning designation while removing certain properties located south of the Southern California Edison Easement from the Resolution of intent to Sports Entertainment (SE) Overlay Zone. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended adoption of Exhibit "A" to City Council (PC2000-60) (5 yes votes, Commissioners Bostwick and Boydstun abstained). Recommended adoption of Exhibit "B" to City Council for GPA NO. 2000-00376 (GPA TRACKING NO. 2000- 00383) (PC2000-99) (5 yes votes, Commissioners Bostwick and Boydstun absent). Recommended adoption to City Council of Code Amendment No. 2000-00002 (ZCA TRACKING NO. 2000-00003). Granted Reclassification No. 2000-00023 (RCL TRACKING NO. 2000-00033) (PC2000-61) and (PC2000-100). Approved Mitigated Negative Declaration. Set for public hearing June 20, 2000, due to GPA No. 2000-00376. Approved request for City Council review. Public hearing continued from the meetings of June 20, 2000, Item C2, August 8, 2000, Item C3, August 29, 2000, Item C2, September 19, 2000, Item C1, October 10, 2000, Item C1, October 17, 2000, Item C3, and November 14, 2000, Item C1. Council Member Kring asked about nightclubs in the South Anaheim Boulevard Overlay Zone and Community Development Director Elisa Stipkovich said that it would be indicated in the final draft that nightclubs and public dance halls were a permitted use with a conditional use permit. Council Member Tait thanked Community Development Director Stipkovich for addressing his concerns and he was ready to vote. Mayor Daly also thanked Director Stipkovich for clarification and opened the public hearing. Hearing no public testimony, Mayor Daly closed the public hearing. Mayor Daly moved to approve the CEQA Environmental Finding of Mitigated Negative Declaration, seconded by Council Member McCracken. Roll call vote: Ayes - 5. Motion carried. Mayor Daly offered Resolution No. 2000R-251for approval: RESOLUTION NO. 2000R-251 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 2000-0376 (Exhibit B). Roll call vote: Ayes - 5. Motion carried. Mayor Daly offered introduction and first reading of Ordinance Nos. 5748 and 5749. ORDINANCE NO. 5748 (INTRODUCTION) Adding new Chapter 18.56 to Title 18 of the Anaheim Municipal Code relating to zoning (South Anaheim Boulevard Corridor Overlay Zone). CITY OF ANAHEIM CITY COUNCIL MINUTES DECEMBER 5, 2000 PAGE 14 ORDINANCE NO. 5749 (INTRODUCTION) Amending Section 18.01.020 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code and amending Ordinance No. 5673 to delete a podion of property from the Sports Entertainment Overlay Zone. 179 C2. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 4035 (CUP TRACKING NO. 2000-04264) AND NEGATIVE DECLARATION OWNER: Alex Bahrami, 24895 Stonegate Lane, Laguna Niguel, CA 92677 AGENT: Bob Mickelson, 121 West Rose Avenue, Orange, CA 92867 LOCATION: 329-331 North State Colle.qe Boulevard. Property is 0.37 acre located on the west side of State College Boulevard, 150 feet south of the centerline of Redwood Avenue (Kris Kars). To consider reinstatement of this permit which expired on August 18, 2000, to retain an existing automobile sales lot with a maximum of five display vehicles. ACTION TAKEN BY PLANNING COMMISSION: Reinstatement of CUP NO. 4035 denied (PC2000-116) (5 yes votes, Commissioner Boydstun voted no and Commissioner Bostwick was absent). Negative Declaration previously approved. Informational Item B6 at City Council meeting of October 24, 2000. Review of the Planning Commission's decision requested by Council Members Feldhaus and Kring. A staff report was given by Zoning Division Manager Greg Hastings who stated that since the Planning Commission meeting, there had been compliance with the conditions by the applicant. Planning Department did receive a letter from the neighbor stating that the applicant was not in compliance. Council member Feldhaus asked for the results from Code Enforcement who had been checking on the parking lot since the item was before Council the last time. Code Enforcement Supervisor John Poole stated that Code Enforcement inspected the property on the fourth of December and found that they were in full compliance. In August of 2000, the owner was notified, in writing, that they were not in compliance, he said. Mr. Poole noted that the problem had been that cars were stored there in excess of the five that were approved and usually the storage occurred overnight. He said that with limited parking on the property and with three businesses operating, it had presented some problems. They had now been in compliance since the Planning Commission meeting of October 9, 2000, Mr. Poole said. Planning Director Joel Fick said that the Planning Commission had wanted to be supportive of the prior Council resolution and decision on the matter. Two of the Planning Commission members had been on site and observed more automobiles being stored than the condition allowed as prescribed by the Council, he said. Since October 9, 2000, Mr. Fick reported, the applicant had been in compliance. He stated that if the applicant would comply with conditions of approval, staff would not be opposed to the use. They had done some signage removal and other things that had made the property better then when they first occupied it, he said. If the applicant's testimony indicated that CITY OF ANAHEIM CITY COUNCIL MINUTES DECEMBER 5, 2000 PAGE 15 the he was willing to comply with conditions of approval, staff would not be opposed to the use, subject to conditions and a monitored compliance by Code Enforcement, Director Fick added. Mayor Daly opened the public hearing. Bob Mickelson, P.O. Box 932, Orange, CA said that the owner of the building, Alex Bahrami, had done a great job of taking a dilapidated building, cleaning it up, putting in a new parking lot with new landscaping and new lighting. Mr. Mickelson said that the immediate neighbors were very happy with Mr. Bahrami. He said that according to the conditions, only five cars should be on display and they were allowed to be on display with the Department of Motor Vehicle sticker in the window. On occasion, said Mr. Mickelson, they would sell a car and the car did not leave the site immediately but would be removed from the display area and parked closer to the office. On average, this may happen once per week and occasionally twice per week, he reported. Mr. Mickelson asked for approval from the Council to continue the business and committed to work closely with Code Enforcement to show compliance. Mr. Mickelson pledged to Council that he would visit the site, unannounced, once a month, and if there was non- compliance, he would personally check on it. Mayor Daly said that at the Planning Commission meeting, there was a suggestion for a six-month extension to allow opportunity to rectify some of the code questions and/or to find another location. Mayor Daly asked Mr. Mickelson if a six-month extension would be sufficient so the code enforcement problems could be cleaned up and the owner could reapply at that time. Council Member Kring noted that the six months was intended strictly for relocation. Mr. Mickelson stated that he and the owner would be pleased to have the conditional use permit reviewed in six months and if the owner was not in compliance, deny the conditional use permit at that time, and if he was in compliance, allow operation to continue for one year. Council Member Tait said that if the applicant kept the number of cars down to five, he would be willing to approve the conditional use permit for one year. Planning Director Fick stated that the permit could not be granted for six months with an automatic extension, but Council could grant the permit for one year with the understanding that if Code Enforcement, through the monthly checks, observed violations that were not corrected right away, the item could be brought back by staff or initiated back to the Planning Commission and Council. Hearing no other testimony, Mayor Daly closed the public hearing. Council Member Kring moved to approve the CEQA Environmental Finding of Negative Declaration, seconded by Council Member Tait. Roll call vote: Ayes - 5. Motion carried. CITY OF ANAHEIM CITY COUNCIL MINUTES DECEMBER 5, 2000 PAGE 16 Council Member Kring offered the following resolution approving the conditional use permit for one year, commencing December 5, 2000, with Planning Commission conditions and periodic Code Enforcement inspections: RESOLUTION NO. 2000R-252 A RESOLUTION OF THE CITY COUNCIL QF THE CITY OF ANAHEIM REINSTATING CONDITIONAL USE PERMIT NO. 4035 (CUP TRACKING NO. 2000-04264) FOR A PERIOD OF ONE YEAR, TO EXPIRE DECEMBER 5, 2001, AND AMENDING THE CONDITIONS OF APPROVAL RELATING THERETO. Roll call vote: Ayes - 5. Motion carried. Report on Closed Session Actions: City Attorney Jack White repoded that no items were required to be reported out of Closed Session. Council Communications: Council Members Tait and McCracken thanked the citizens of Anaheim and were looking forward to serving as Council Members for another four years. Council Member Kring requested that the City Manager check the parking situation at the post office located on Broadway and Ciementine. She voiced her concern about the limited parking and that with the holidays, many people would be using the post office. Council Member Feldhaus thanked the citizens who artended the Christmas tree lighting December 1, 2000, at the circle on Center Street Promenade. Mayor Daly agreed with Council Member Kring and suggested revisiting the post office site. He also requested that the City Manager replace various neighborhood watch signs in areas where they needed replacing and asked for a status report of the replacement. Adjournment: There being no further business to come before the City Council, Mayor Daly adjourned the meeting at 8:25 P.M. Respectfully submitted: Sheryll Schroeder, CMC/AAE City Clerk