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1996/01/23CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES JANUARY 23,1996 PRESENT: PRESENT: ABSENT: PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in regular session. MAYOR: Tom Daly COUNCIL MEMBERS: Tom Tait, Bob Zemel, Frank Feldhaus, Lou Lopez COUNCIL MEMBERS: None PLANNING COMMISSIONERS: Julie Mayer, Bob Messe, Phyllis Boydstun Al Peraza, Robert Henninger, Steve Bristol PLANNING COMMISSIONERS: Paul Bostwick CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann M. Sauvageau PLANNING DIRECTOR: Joel Fick DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Sfipkovich ZONING DIVISION MANAGER: Greg Hastings A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 11:50 a.m. on January 19, 1996 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly opened the Joint Workshop and welcomed those in attendance. He acknowledged the members of the Planning Commission and expressed the Council's pleasure in having the Commission meet with them in a joint session today. Planning Commission Chairman, Julie Mayer called the adjourned meeting of the Planning Commission to order, all Commission Members present with the exception of Commissioner Bristol. (3:10 p.m.) C~ Manager, James Ruth. The Joint Workshop is called to discuss the Community Planning Program and Communications Antennas Master Plan. Joel Fick, Planning Director will introduce the program. (Documentation submitted to the Council was a binder entitled, Joint Workshop - Cib/Council/Planning Commission - January 23, 1996. It contained documents on the Community Planning Program and also Communications Antennas - made a part of the record). 179: COMMUNITY PLANNING PROGRAM: Joel Fick, Planning Director, He bdefed histhree-page memorandum (see memorandum dated 1/17/96 to the City Manager/City Council -Subject: Community Planning Program - made a part of the record) which explained that the program sets forth a localized approach to address community planning in Anaheim with emphasis on planning and land use designed to expand and complement neighborhood improvement programs currently under way. "Land use related programs combined with Police, Code Enforcement and Neighborhood Se~ce efforts have forged a strong liaison between the residents, business community and the City and have had positive results." The majority of the memorandum related to the approach to be taken implemented through the Planning Department under the guidelines of the City Manager's Office. There will be 28 Community Planning Areas as shown in the map (attachment A) and as posted on the Chamber wall. Commencement of the program will begin with Community Planning Area No. 17. The process will be repeated for all Community Planning Areas which, on an on-going basis, will take approximately 10 years to complete. E~sting conditions (see attachment B of the memorandum for a list of criteda for analysis) which will be studied with particular emphasis on land use. Planning Area No. 17 was chosen to be first because it is the central portion of the City and it is homogeneous in terms of land use. In concluding, he stated that the tirst phase of the program will take six to nine months and he is recommending going forward with that first phase. He and his staff are present to answer questions. Mayor Daly. This is the first public aidng of a concept that Mr. Fick and his staff have been working on for quite a while, it started with discussions he and Council Member Lopez had with City staff in Neighborhood Services and working with vadous school districts and departments. They talked about the value of doing focused planning in some of the neighborhoods which has been done in Redevelopment areas and Specific Plan areas. He feels that the proposed plan is a great first step and what he was hoping for at the outset. His main goal is to have a problem-solving tool, a way to empower neighborhoods and to give attention to those neighborhoods that do not now receive such attention. He believes this is a framework for establishing that goal. Council Member Lopaz agreed that the proposal was a good plan for focusing on areas of the City in need of attention. Questions were then posed to staff by Council Members. They also gave their views on the proposed plan. Council Member Feldhaus questioned how Area 17 was chosen to be the first since, in his opinion, them are areas in the western part of the City in need of immediate attention. Planning Commissioners, Bob Messe and Julie Mayer also had some questions relative to choosing Area 17. Mr. Messe noted that although choosing Area 17 was not tackling the worst-case scenario, it was necessary to find out if the program is going to work and Area 17 would be a good test area to start. Council Member Tait. He agreed that the plan was a good concept but he takes great pride in the work done by Planning Department staff and the Planning Commission. He is concerned about creating a planning process that would be more difficult than it needs to be. If something is not broken, there is no reason to fix it. He does, however, like the idea of a more proactive planning process. Council Member Zemel. He feels the program is a good idea and that the identification of the criteria to be used is important and necessary. After obtaining this information, he believes they need to be careful relative to the impact of such a plan on property rights and adopting ordinances for one area that may not apply or be necessary in another. He does not want to open the "Pandora's Box" of over-regulation. He is supportive of the concept but with caution; Commissioner Boydstun also expressed concern that they do not infringe on paople's proparty rights. Planning Commission Chairman, Julie Mayer. She feels a necessary development is to also contact the churches and .schools to insure everybody is involved in the dialogue so that it is the plan of the people in those areas in addition to being the plan of the City. It is important that it be community driven. Planning Commissioner, Al Peraza. He also sees this as communities taking hold of their own neighborhoods and doing things for themselves - taking pride in where they live, having more input and ultimately being responsible for what happens in their neighborhoods. Area 17 is a good place to start not because it has that many problems, but because it is homogeneous and they can find out things now that they can carry to other neighborhoods. 2 CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES JANUARY 23~ '1996 Further discussion followed between Council Members, Planning Commissioners and staff wherein Mr. Fick confirmed for Commissioner Masse that the first step will be an in-depth study of the area before anything comes to the commission or Council. He also clarified for the Mayor that the owners, residents and citizens will become involved after basa-line data has been established for the areas. Mayor Daly. From his perspective, his goal is to develop a checklist of what problems surface in a particular neighborhood and what the solutions are to best deal with those. He feels a positive outcome would be a neighborhood ident~ in the older end of the City. This is a work in progress and today is the opening day. Mr. Fick will also be submitting reports to the Commission and the Council from time to time. 179: COMMUNICATIONS ANTENNAS MASTER PLAN: Joel Fick, Planning Director. Staff has been working closely with two companies, Pacific Bell (PacBell) Mobile Services, and also Cox California PCS. (See memorandum dated January 17, 1996 from the Planning Department to the City Council/Planning Commission relative to the workshop). He explained what transpired leading to the workshop today and the desire of the Council and Planning Commission to know the overall plan of the private companies for additional facilities. At present, there are 26 monopoles existing in the City - 14 are AirTouch, 9 are LA Cellular, and 3, Nextel. In working with the companies, they are concurrently working with PacBell on the PCS (personal communication services) technology on siting their proposed antenna locations. Based upon the new technology, in virtually every instance, there are other opportunities other than siting of monopeles. Staff does not anticipate that the Planning Commission and Council will be seeing additional monopoies or only a very few isolated instances. The Commission and Council have been provided with detailed information on the issues (see binder entitled - Joint Workshop - City Council/City Planning Commission - January 23, 1996 under Communications Antennas containing background information on the issue, a technical overview, an information packet on wireless communications, health and safety information, planning/design related issues and design guidelines for wireless communication facilities - made a part of the record). At this time, Susan DeSantis of The Planning Center will give an overview. Her firm is a consultant for PacBell but in addition is an independent consultant with experience in the communication area. The firm is giving a workshop next week through the American Planning Association on this subject. The City is fortunate to have them volunteer today to give a brief overview. They have also previously given some background information in a workshop setting to the Planning Commission. Susan DeSantis, The Planning Center. Their presentation will be an overview on the technology and health issues. Rick Bishop, a member of The Planning Center staff, will brief the technology and Dr. Gerald Bushberg of U.C. Davis will give a brief overview on some of the health and safety issues. Rick Bishop, The Planning Center, gave a slide presentation on the evolving nature of personal communication services (PCS) which is a generic name used in the same fashion as cellular. The slides covered PCS vs. cellular, siting considerations, roof-top mounted antennas, and existing monopoles. Dr. Gerald Bushberg, Clinical Associate Professor of Radiology and Director of the Health Physics Program of the University of California at Davis briefed the health and safety issues. His presentation was supplemented by slides. He explained in detail upon questioning by Council Members and Commissioners the comparison between PCS and non-ionizing radiation soumes. In concluding his presentation, he clarified that radiation from a tower would be a negligible addition to the ambient fields from a variety of different soumes noting not all sources are on 24 hours a day. Relative to the biological issues of radio frequencies, they are threshold, and below that threshold, there are no adverse health effects from continuous exposure. In concluding the workshop, Mr. Fick stated that a couple of months ago, staff thought that today they were going to be presenting a master plan of monopoles that the companies wanted to construct but are pleased 3 CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES JANUARY 23~ 1996 to say that after working with them cooperatively, have found that there are alternatives and they would like to keep on that track. Council Member Zemel. He asked if there would be an effort to go beck and undo what has already been installed. Joel Fick. All the exJsfing monopoles with the exception of the three that are all associated with the individual radio company involve cellular technology that do have higher poles than the PCS technology which was explained today. Staff would like to research the matter with the City Attorney's office and work back through the Planning Commission as to the alternatives. Some of the existing tower's have been approved by a C.U.P. Some of the other towers are in industrial areas as a matter of right before codes were changed to require them by a C.U.P. In those instances, it will be necesse~/to discuss options with the attorney's office. Mayor Daly. In concluding both presentations and the Joint Workshop, he thanked the Planning Commission on behalf of the Council for taking the time to join the Council in the Joint Workshop session today on two important topics. He invited the Planning Commission to contact the Council at any time to give their comments. ADJOURNMENT - CITY PLANNING COMMISSION MEETING: By general Commission consent, the adjourned meeting of the Planning Commission (adjourned to this date from the meeting of Janua~ 22, 1996) was adjourned. (4:09 p.m.) REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there are no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Closed Session items. The following items are to be considered at the Closed Session: CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION: Name of case: In re: County of Orange, Debtor, U.S. Bankruptcy Court, Central District Case No. SA 94-22272. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION Name of Case: Delmonico, et al. vs. City of Anaheim, et al., Orange County Supedor Court Case No. 70-80-71 (and 16 related cases). CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION Name of Case: Mataxis vs. City of Anaheim, et al., U.S.D.C. Case No. CV941145 RSWL (JRX) PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Title: City Manager, City Attorney CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES JANUARY 23~ 1996 CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Dave Hill Employee organization: IBEW Local 47. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pmpen'y: Juliette Low School Negotiating partJes: City of Anaheim, Magnolia School District Under negotiation: Price and terms CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: Anaheim Stadium Negotiating parties: City of Anaheim, Goidenwest Baseball Co., and Disney Baseball Enterprises, Inc. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956: one potential case. RECESS: Mayor Daly moved to recess into Closed Session. Council Member Zemel seconded the motion. MOTION CARRIED. (4:10 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:45 p.m.). INVOCATION: Moment of Silence. FLAG SALUTE: Council Member Bob Zemel led the assembly in the Pledge of Allegiance to the Flag. 119: DECLARATIONS OF RECOGNITION: Declarations of Recognition were unanimously adopted by the City Council recognizing Judith Foster and Charles Palisin on the occasion of their retirement from the City after more than 20 years of service. (Mr. Palisin was unable to be present.) Mayor Daly and Council Members personally commended Mrs. Foster on her many years of dedicated sen/ice to the citizens and City of Anaheim and wished her well on her retirement. CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES JANUARY 23~ 1996 119: RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: 2. 3. 4. 5. PROCLAMATION recognizing January 23, 1996, as Childhood Cancer Awareness Day in Anaheim. PROCLAMATION recognizing February 1, 1996, as National Girls and Women in Sports Day in Anaheim. PROCLAMATION recognizing April 27 - 28, 1996, as City Golf Championship Days in Anaheim. DECLARATION recognizing individuals and organizations for their contributions to the Anaheim Boxing Club. PROCLAMATION recognizing February 1996 as African-American History Month in Anaheim. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,742,118.05 for the period ending January 16, 1996 and $2,541,068.21 for the period ending January 22, 1996, in accordance with the 1995-96 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:58 p.m.) Mayor Daly reconvened the City Council meeting. (6:00 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Anatol Carpiac, 9063 San Fernando Rd., Sun Valley, CA 91352. He is present on behalf of Mr. Bihinder Kooner (11791 Santa Cruz, Stanton 90680) concerning a City ordinance which only allows mobile carts in facilities which are in locations larger than five acres. The mobile carts are for the purpose of beverages and small snacks. The purpose of his request is to have the ordinance changed so that the carts can be placed in smaller facilities while also complying with Health Department regulations. Currently, one of their carts is placed in the City of LaPalma. The cart is on private property and is operational with ail of the required regulations. He feels a small businessman is not given a chance to operate such a business. He then clarified for the Mayor that the mobile cart is 7 X 10 X 4'W. It is on wheels so it is movable but would be set in a specific location. They already have a signed lease/license agreement with Tower Records at 220 N. Beach Blvd., Anaheim to place a cart in front of the location. It is on private property. Mayor Daly. The Council will ask staff to provide information to the Council as to the existing policy and the rationale. Amin David, 419 S. Cole Street, Anaheim. He submitted the following documents: Statement by Amin David to Anaheim City Council, Tuesday, January 23, 1996, letter to Steve Nolan from Amin David dated January 8, 1996 (both under letterhead of Los Amigos of Orange County, 1585 W. Broadway, Anaheim) and letter dated January 17, 1996 to Amin David from Steve W. Nolan, 3040 Juniper Drive, Corona, CA. He then read the prepared statement which once again urged the Council to make available the transcripts CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES JANUARY 23, 1996 which he requested when he appeared before the Council on May 23 and September 26, 1995 (see minutes those dates). He quoted his statement from his letter of January 8, 1996 - "We believe that public review of that transcript may lay to rest whether felonious police assaults and other serious irregularities by one or more officers took place. We believe the City, its large numbers of professional police officers and the public deserve to have these matters aired for the sake of fruth and healing." He also noted that the City Attorney on September 26, 1995 said that, because of privacy rights issues, Mr. Nolan would be the appropriate parb/to make the transcript publicly available. He further noted that Mr. Nolan, in his letter of January 17, 1996, stated that a waiver of his privacy rights is unnecessary since the arbitration was not of a confidential nature and that if a waiver would be helpful, he is making such a waiver. Mr~ David again requested that the transcript now be made available for inspection by him or any interested member of the public. Mayor Daly asked to hear from the City Attorney relative to the state of the arbitration case. City Attorney White. When the request was originally made and subsequently brought to the attenUon of the Council on at least two previous occasions, at that time, they had not received any authority from Mr. Noian to release the transcripts that contained information regarding him since they were his proceedings primarily directed to an arbitration or grievance involving him. There was a great deal of testimony at those hearings and many volumes were generated, approximately 16 or 17, also involving the names of other Police Officers with allegations concerning them. Those officers also have privacy rights which have not been released. The City could redact those volumes and take out the information relaUng to the names of the officers and make the transcript available at this time. However, it will take some time to do so. He continues to be concerned about the privacy rights of people and he does not agree with Mr. Nolan that it was not a closed proceeding. In his opinion, it was. They provided the information to Mr. Nolan since he had an interest in getting itto the public. Mr. Nolan, through a court process and a stipulation in court, agreed to redact the names of the other persons involved. His understanding, up until this moment, that was the process to be followed and the transcript would be made available to David or anyone else. If that has not occurred, they can provide an alternative means, which will require time and expense on the City's part, but it can be done. Council Member Zemel. He asked the cost to the City to redact the names from the testimony; City Attorney White. There is a huge amount of material involved and it would be necessary to go through every page and take out names that would be confidential. He would assume it would be several thousand dollars but he does not know for certain. Mayor Daly. He asked the City Attorney, in order to comply with Mr. David's request, if he had to have direction from the City Council or would it fall into the realm of public information. City Attorney White. It would be appropriate to have direction from the Council He believes and continues to believe that unUI the legal proceeding is completed, that the document itself is a creaUon of the legal process. There is precedent for the fact that the document is not deemed a public record until the conclusion of the proceedings. They provided itto Mr. Nolan and were under the impression he was going to release it publicly. If Council would like staff to follow that process and release it through the process he articulated, they can do that. However, it would be the Council's decision, othenvise it would become public in a redacted fashion at the concludion of the regular proceedings. Mayor Daly. He asked the Cb Attorney to summarize a response to the Council on this subject, summarize what ha (VVhite) has said, and anything else that comes up regarding the case. He is not sure the entire Council knows the exact status of the arbitration case filed by the employee. He feels they need as much context as possible. Mr. Nolan, who is a resident of the City of Corona, has written a letter saying CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES JANUARY 23~ 1996 a variety of things about the City. He says the City of Anaheim has much to hide, etc. This is a disgruntled employee. The Council does not know the exact status and it should not be discussed publicly because he has filed an action. City Attorney White. He will provide that information. Mayor Daly thanked Mr. David for his time and for puffing his thoughts in writing. There will be a response. Amin David. He asked if he would be privileged to see the response; Mayor Daly answered, yes. Amin David. He reminded the Council that they are after the proof that there were alleged felonious acts by some officers against two Latino youth, although it does not matter if they were Latino or not. They are very interested in clearing that matter up. PUBLIC cOMMENTS - AGENDA ITEMS: There were no public comments on City Council Agenda items. MOTION: · Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of January 23, 1996. Council Member Feldhaus seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded by Council Member Feldhaus, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Mayor Daly offered Resolution Nos. 96R-5 through 96R-12, both inclusive, for adoption and offered Ordinance No. 5549 for adoption. Refer to Resolution/Ordinance Book. Al. 118: Rejecting and/or denying certain claims tiled against the City. The following claims were tiled against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Benjamin Harris for property damage sustained purportedly due to actions of the City on or about October 7, 1995. b. Claim submitted by Aniceforo Estrada c/o Kenneth D. Fair, Esq. for property damage sustained purportedly due to actions of the City on or about September 4, 1995. c. Claim submitted by Parr Contracting Company cio Nina D. Klawunder, Esq. for indemnity arising purportedly due to actions of the City on or about January 30, 1995. (Main Action: John L. Jacobson vs. Parr Contracting Co, et al.) d. Claim submitted by Ann Cox for bodily injury sustained purportedly due to actions of the City on or about October 28, 1995. 8 CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES JANUARY 23~ 1996 A3. A4. A5. A6. A7. A8. A9. e. Claim submitted by Waiter M. Large for property damage sustained purportedly due to actions of the City on or about November 18, 1995. 105: Receiving end filing minutes of the Telecommunications Policy Advisory Committee meeting held November 16, 1995. 105: Receiving and filing minutes ofthe Community Redevelopment Commission meeting held December 6, 1995, and the special meeting held December 14, 1995. 156: Receiving and filing the Anaheim Police Department Crime Statistical Report for the month of December, 1995~ 128: Receiving and filing the Monthly Financial Analysis for five months ended November 30, 1995, as presented by the Director of Finance. 150: Awarding the contract to the lowest responsible bidder, Joe Garcia Construction, in the amount of $34,400 for Brookhumt Community Center Kitchen, Storage and Trash Enclosure Modifications; and in the event said Iow bidder fails to comply with the terms of the award, awarding the contract to the second Iow bidder, as well as waiving any irregularities in the bids of both the Iow and second Iow bidders. 150: Awarding the contract to the lowest responsible bidder, Mel Smith Electric, Inc., in the amount of $55,498 for Boysen Park Retrofit Lighting; and in the event said Iow bidder fails to comply with the terms of the award, awarding the contract to the second Iow bidder, as well as waiving any irregularities in the bids of both the Iow and second Iow biddem. 169: Awarding the contract to the lowest responsible bidder, AAA Electdc Service, in the amount of $134,275 for Citron Neighborhood Beautification Project, Phase Ill; and in the event said Iow bidder fails to comply with the terms of the award, awarding the contract to the second Iow bidder, as well as waiving any irregularities in the bids of both the Iow and second Iow bidders. 169: Approving Contract Change Order no. 1 in the amount of $185,968.79, in favor of Griffith Company, for additional costs associated with the construction of the Harbor Boulevard Street and Storm Drain improvements from La Palma Avenue to the SR-91 Freeway. 123: Authorizing the Mayor and City Clerk to execute District Agreement No. 12-199 with the State of California for construction of Orangewood Avenue on the I-5 Freeway widening project. 123: Approving an Agreement with IWA Engineers, in an amount not to exceed $82,000 for engineering design sewices for the La Palma Avenue Street and Storm Drain Improvements Project from West Street to Euclid Street. 169: Awarding the contract to Meyer, Mohaddes Associates, Inc., for the Weir Canyon Wireless Communication Project, in an amount not to exceed $48,000 (providing an option to the Director of Public Works to authorize any extra necessary tasks for an add~ional amount not to exceed 10% or $4,880 of the original fee). 9 CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES JANUARY 23, 1996 AIO. 174: RESOLUTION NO. 96R-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TO CONTINUE A DISADVANTAGED BUSINESS PROGRAM FOR ALL PROJECTS IN THE CITY OF ANAHEIM RECEIVING UNITED STATES DEPARTMENT OF TRANSPORTATION FUNDING AND ESTABLISHING A DISADVANTAGED BUSINESS ENTERPRISE GOAL OF 14.00% OF THE FEDERAL FISCAL YEAR ENDING SEPTEMBER 30, 1996. Gary Johnson, Public Works Director and City Engineer explained for Council Member Tait that ti is necessary that the City adopt the proposed resolution for any project that involves Federal funding. It is in accordance with the State of California Department of Transportation guidelines each year to continue a DBE program and to establish a goal. Council Member Tait. To him, it looks like a quota which he would be against but in order to comply with Federal rules, he will support it. All. 158: RESOLUTION NO. 96R-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL PROPERTIES OR INTERESTS THEREIN TO THE CITY OF ANAHEIM. 158: RESOLUTION NO. 96R-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL PROPERTIES OR INTERESTS THEREIN TO THE CITY OF ANAHEIM. A12. 160: Authorizing the Purchasing Agent to issue a Pumhase Order for $35,215.65 to Pouk & Steinle, Inc., for emergency repairs to the electrical system in the City of Anaheim. A13. 160: waiving Council Policy 306 and authorizing the Purchasing Agent to issue a Purchase Order to Oce Office Systems, in the amount of $74,208 for a copier to be located in the Convention Center for a period of sixty months beginning February 1, 1996. Diane Hughart, Purchasing ,~43ent, explained for Council Member Tait why staff is requesting a waiver of Council Policy in this case. A14. 113: RESOLUTION NO. 96R-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (CITY CLERK'S OFFICE.) A15. 000: ORDINANCE NO. 5549: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 5496, NUNC PRO TUNC, RELATING TO ESTABLISHING A FIRE PROTECTION FACILITIES AND PARAMEDIC SERVICES IMPACT FEE FOR NEW AND EXPANDED DEVELOPMENT IN THE ANAHEIM RESORT. (TO CORRECT ERROR IN CHAPTER NO. OF PRIOR ORDINANCE; NO SUBSTANTIVE CHANGES.) (Introduced atthe meeting of January g, 19~6, Item A25.) A16. 184: Reviewing the need for continuing the Ninth Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on January 2, 1996, concerning the Santiago Landslide and Pegasus Landslide in the City of Anaheim; and taking no action to terminate the local emergency at this time. A17. 117: Approving the Investment Portfolio Report and transaction summary for the month of December, 1995, as submitted by the City Treasurer. 10 CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES JANUARY 23~ 1996 A18. 153: RESOLUTION NO. 96R-9: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A MEMORANDUM OF UNDERSTANDING ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE UTILITIES UNIT REPRESENTED BY THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 47. A19. 106: Amending the Fiscal Year 1995/96 budget by increasing account #101-213-4171-8623 by $40,000; and approving the allotment of the additional $40,000 to certain non-profit agencies. 156: RESOLUTION N(~. 96R-12: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING THE DONATION OF A LAPTOP COMPUTER SYSTEM DONATED BY THE ANAHEIM POLICE HONORARY SOCIETY FOR THE USE OF THE TACTICAL NEGOTIATIONS UNIT OF THE SPECIAL TACTICS DETAIL OF THE POLICE DEPARTMENT. A21. 105: Approving the rules of Practice and Procedure of the Public Utilities Board, adopted by the Board at their meeting of January 4, 1996. 123: Approving an Agreement with ARAMARK Leisure Sen'ices, Inc., for the provision of exclusive food and beverage catering se~ces at the Anaheim Convention Center, commencing February 1, 1996 for five years. Mayor Daly posed questions which were answered by the Stadium and Convention Center General Manager, Greg Smith. Greg Smith. In preparing the RFP, staff advised all potential bidders there were a number of circumstances unique to this particular contract. First, staff anticipates that in at least the first half of the contract, there will be a significant interruption of business because of the modernization and expansion of the Convention Center resulting in loss of the use of the kitchen for some time. Also outlined in the RFP was the proposed expansion of the Convention Center as recommended in the Coopers & Lybrand report. Two bidders submitted a proposal - Ogden and ARAMARK. They took into consideration those two variables - (1) that there will be a reduction of business temporarily during the expansion and, (2) that there may be a benefit to them in approximately the last half of the contract through added space, more meeting opportunities, and more opportunities to sell food and beverage. The terms of the contract generally benefit the City. The City receives 90% of the net profits the City would enjoy from enhanced food and beverage business. 114: Approving minutes of the Anaheim City Council meetings held December 12, 1995, and December 19, 1995; and the adjourned regular meeting of November 14, 1995, held Saturday, November 18, 1995. END OF CONSENT CALENDAR. MOTIONS CARRIED. Roll Call Vot~ on Resolution Nos. 96R-5 through 96R-9, both inclusive, for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Fetdhaus, Lopez, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 96R-5 through 96R-9, both inclusive, duly passed and adopted. 11 CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES JANUARY 23, 1996 Roll Call Vote on Resolution No. 96R-12 for adoption: AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 96R-12 duly passed and adopted. Roll Call Vote on Ordinance No. 5549, for adoption: AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5549, duly passed and adopted. BI. ITEMS B1 - B$ FROM THE PLANNING COMMISSION MEETING OF JANUARY 8, 1996 - INFORMATION ONLY -APPEAL PERIOD ENDS JANUARY 30, 1996 179: CONDITIONAL USE PERMIT NO. 3675 AND NEGATIVE DECLARATION: OWNER: DAVID R. JACKSON AND STACY A. JACKSON, 1557 W. Mable Street, Anaheim, CA 92802 AGENT: FAIRMONT SCHOOLS INC., Attn: Glen Noreen, Bus. Mgr., 1557 West Mable Street, Anaheim, CA 92802 LOCATION: 2200 West Seouoia Avenue (Fairmont Private School). Property is approximately 1.43 acres located on the west side of Sequoia Avenue and approximately 130 feet west of the center#ne of Bmokhurst Street. Petitioner requests an amendment to a condition of approval pertaining to a time limitation for a freestanding pole sign located at a previously approved private educational facility. ACTION TAKEN BY THE PLANNING COMMISSION: Approved amendment to conditions of approval for CUP NO. 3675, sign permitted for an additional five yearn (PC96-2) (7 yes votes). Negative Declaration previously approved. B2. 179: WAIVER OF CODE REQUIREMENT - CONDITIONAL USE PERMIT NO. 3816 ANn NEGATIVE DECLARATION: OWNER: PACIFIC TELEPHONE & TELEGRAPH CO., C/O AT&T COMMUNICATIONS of CALIFORNIA, 222 Mt. Airy Rd., Basking Ridge, NJ 07920 AGENT: GLEN MERRIMAN, P.O. Box 4547, Anaheim, Ca 92803 LOCATION: 101 East OranRethorpe Avenue. Property is approximately 2.5 acres located on the north side of Orangethorpe Avenue and approximately 310 feet east of the centerline of Lemon Street. To permit a chumh in an existing office/industrial building with waiver of minimum number of parking spaces. 12 CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES JANUARY 23, 1996 ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3816 GRANTED (PC96-3) (7 yes votes). Waiver code requirement APPROVED. Approved Negative Declaration. Mayor Daly asked staff to comment on the possibility of a time limit on the C.U.P. noting that for a period of time, three years was a standard condition on chumh uses in an industrial area. Greg Hastings, Zoning Division Manager. There was such a limitation in the Canyon Industrial Area but this is not within that area. It has been the practice ofthe Planning Commission that if there is a purchase of the property, the permit would be left open ended and that is the case here. Mayor Daly. He asked the Council if they had any thoughts on the policy. He is not sure they discussed the issue thoroughly as a Council since the last time the subject was visited. He asked Planning staff to give some formal input to the Council on the appropriateness of allowing permanent church uses in the industrial area simply as a function of property ownership. He wants to understand how ti has evolved over the past few years. He would like to know the Planning Commission's rationale relative to the new approach and Planning staff's thoughts on the wisdom of using ownership to establish a permanent land use which is the equivalent of zoning. REPORTS AND RECOMMENDATIONS: B3. 179: WAIVER OF COUNCIL POLICY NO. 542 - PERTAINING TO SOUND ATTENUATION IN RESIDENTIAL PROJECTS: Anaheim Redevelopment Agency, Attn: Brent Schultz, 201 S. Anaheim Blvd., 10th Floor, Anaheim, CA 92805 requests waiver of Council Policy No. 542 pertaining to sound attenuation of residential projects. Property is located at 1009 E. Lincoln Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: Approving Waiver of Council Policy No. 542 for the residences located at 1009 East Lincoln Avenue with the following added condition that the petitioner shall utilize either dual glazed or laminated glass on all windows facing south, east and west and install a sound wall along the top of the slope adjacent to Lincoln Avenue, all in conformance with the recommendations of the sound consultant. Council Member Feldhaus. He would like to set the matter for a Public Hearing; Mayor Daly concurred. Lisa Sfipkovich, Executive Director of Community Development. As the City Attorney stated, this is a City- initiated matter. As the applicant, they are applying on behalf of the Jacklin's who are buying the home. They are requesting that the Council remove the condition imposed by the Planning Commission to utilize either dual glazed or laminated glass on all windows facing south, east and west. That condition does not comply with the Department of Interior standards for historic preservation and the contract requires them to adhere. Her understanding is that it is not necessary to set the matter for a Public Hearing to remove that condition because it is a Council Policy. City Attorney White clarfied that was correct. It will require a vote but not a public hearing. 13 CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES JANUARY 23, 1996 MOTION. Council Member Feldhaus withdrew his request to set the matter for e Public Heating and moved that the condition requiring dual glazed or laminated glass on all windows facing south, east and west be eliminated. Mayor Daly seconded the motion. MOTION CARRIED. B4. 179: ORANGE COUNTY USE VARIANCE NO. 1217 - INITIATION OF REVOCATION OR MODIFICATION PROCEEDINGS: City Initiated (Cede Enforcement) 200 South Anaheim Boulevard, Anaheim, CA 98205. LOCATION: 212 South Beach Boulevard (Silver Moon Motel). City In~iated request to initiate revocation or modification proceeding for Orange County Use Vadanca No. 1217 (to establish a 27-unit motel). ACTION TAKEN BY THE PLANNING COMMISSION: Initiated revocation or modification proceedings. B5. 179: FINAL SITE PLAN REVIEW 96-01 - REVIEW OF PROPOSED WALL SIGNAGE AND COPY CHANGE OF AN EXISTING MONUMENT SIGN AND ON-SITE DIRECTIONAL SIGNS: WCO Parent Corporation, c/o General Manager's Office, 1717 S. West Street, Anaheim CA, 92802 LOCATION: Property is located at 1717 S. West Street. Petitioner requests review of Final Site Plan No. 96-01 in order to replace existing wall and freestanding signage at an existing hotel. ACTION TAKEN BY THE PLANNING COMMISSION: Approved final site plan. END OF THE PLANNING COMMISSION ITEMS. 179: ORDINANCE NO. 5550 FOR ADOPTION: Amending Title 18 to rezone property under Reclassification No, 95-96-01 located at 423 and 427 South Lemon Street from the CG zone to the RM-2400 zone. (Introduced at the meeting of January 9, 1996, Item D1. Originally introduced at the meeting of December 5, 1995, Item B7, and set for a City Council public hearing held January 9, 1996 where this reclassification was approved for RM-2400 zoning instead of RM-1200.) Mayor Daly offered Ordinance No. 5550 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5550 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 95-96-01 LOCATED AT 423 AND 427 SOUTH LEMON STREET FROM THE CG ZONE TO THE RM-2400 ZONE. Roll Call Vote on Ordinance No. 5550, for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5550, duly passed and adopted. 14 CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES JANUARY 23, 1996 DI. 179: PUBUC HEARING -WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3801 AND MITIGATED NEGATIVE DECLARATION: OWNER: U.S. BORAX & CHEMICAL CORP., 26877 Tourney Road, Valencia, CA 91355 AGENT: PENHALL INTERNATIONAL, Attn: Richard Reel, P. O BOX 4609, Anaheim, CA 92803 LOCATION: 1751 West Penhall Way (vacant land). Property is approximately 6.1 acres located on the north side of Penhall Way and approximately 430 feet east of the centeriine of Crescent Way. To permit a road-base materials processing and storage facility including on-site concrete/rock crushing and stock-piling activities, together with a large equipment storage/rental facility and a commercial truck fabrication and assembly plant with waiver of minimum site enclosure and screening requirements. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3801 GRANTED, five years (PC95-145) (6 yes votes, 1 absent). Approved waiver of code requirement. Approved Mitigated Negative Declaration. HEARING $1~T ON: A letter of appeal of the Planning Commission decision was submitted December 14, 1995 by Jeung T. Klm, and Public Hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publicaiton in Anaheim Bulletin - January 11, 1996 Mailing to property owners within 300 feet - January 12, 1996 Posting of property - January 12, 1996 PLANNING STAFF INPUT: See staff report to the Planning Commission dated November 13, 1995. City Clerk Sohl announced that between the time the Public Hearing was advertised and today's date, a letter request has been received dated January 10, 1996 from Charles D. Steichen, Vice President, Penhall International withdrawing their application for C.U.P. 3801. City Attorney White. Because the C.U.P. was approved by the Planning Commission and a Public Hearing scheduled, even though the application has been withdrawn, technically in order to get the item removed in its entirety, it will be necessary to open the Public Headng with the understanding that the request has been withdrawn, close the hearing, and adopt a resolution denying the C.U.P. Mayor Daly opened the Public Hearing and asked to hear from a representalive of the applicant or those in support; there was no response. He then invited a representative from those opposed to speak although it is not necessary noting that the item has been withdrawn. Susan T. Sukara, Attorney, Palmieri, Tyler, Wiener, Wilhelm and Waldron representing Yoder Developments, owners of adjacent property. She understands that the petition has been withdrawn. She called the Council's attention to the written comments submitted (see 17-page letter dated January 23, 1996 from Ms. Sukara listing all the points of opposition to Conditional Use Permit 3801 - made a part of the record) which was submitted to the City Clerk. She wanted to be sure it was presented and made a part of the record so that Yoder's comments are noted for the file. She is happy to see that the request has been withdrawn. 15 CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES JANUARY 23, 1996 Mr. John Kavicld, 328 N. Adams, Fullerton, speaking on behalf of the Korean Catholic Church, Dwight Copeland, 9702 Vancouver, Store Team Leader of Target Stores (Crescent Way and Lincoln) and also on behalf of Mission Management, and Ted Imatsu, representing K.C. Electronics adjacent to the property all expressed reasons why they were opposed to the C.U.P. and the detrimental effects that would have resulted to their businesses and property. Mayor Daly closed the Public Hearing. ENVIRONMENTAL IMPACT REPORT - MITIGATED NEGATIVE DECLARATION: On mofion by Mayor Daly, seconded by Council Member Zemel, the City Council does hereby approve a mitigated Negative Declaration on the subject project and accompanying Mitigation Monitoring Program pursuant to Section 21081.6 of the Public Resources Code on the basis that the Planning Commission/City Council has considered the proposal with the mitigated Negative Declaration and accompanying Monitoring Program, together with'any comments received during the public review process and further finding on the basis of the Initial Study that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Mayor Daly offered Resolution No. 96R-10 for adoption. RESOLUTION NO. 96R-10 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3801. Roll Call Vote on Resolution No. 96R-10 for adoption: AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 96R-10 duly passed and adopted. D2. PUBUC HEARING -WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3792 AND NEGATIVE DECLARATION: OWNER: CLAUSEN ENTERPRISES, INC., 2795 West Lincoln Avenue, Unit F, Anaheim, CA 92801 AGENT: JORDAN VALLI ARCHITECTS, INC., 34700 Pacific Coast Highway, ~'Z02, Capistrano Beach, CA 92672 LOCATION: 2815-2853 West Lincoln Avenue. Property is approximately 2.3 acres located on the north side of Lincoln Avenue and approximately 195 feet west of the centerline of Dale Street. Petitioner requests approval of revised site plan for a previously-approved self-storage facility and commercial retail center with waiver of minimum structural setback and yard area abutting any residential zone boundary, and minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3792 APPROVED revised site plan (PC95-162) (7 yes votes). 18 CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES JANUARY 23~ 1996 Approved waiver of cede requirement. Negative Declaration previously approved. HEARING SET ON: A review of the Planning Commission's decision was requested by Council Members Lopez and Feldhaus at the meeting of December 19, 1995 and Public Hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - January 11, 1996 Mailing to property owners within 300 feet - January 12, 1996 Posting of property - January 12, 1996 PLANNING STAFF INPUT: See staff report to the Planning Commission dated December 11, 1995 Greg Hastings, Zoning Division Manager. The only new issue, the Traffic Engineering office has looked at the requirements for self-storage facilities and a request has been forwarded to the Planning Department to reduce the parking requirements City wide which will be takeh to the Planning Commission shortly. Secondly, the Beach Boulevard Concerned Citizens (BBCC) group has been notified and he believes they have someone present tonight to discuss the matter. Mayor Daly. A letter has been received from the Orange Avenue Homeowner's Association and a letter and at least one phone call from the BBCC. He thereupon opened the Public Hearing. Applicant's Statement: Ariel Valli, Jordan Valli Architects. They feel that this project would be a good improvement to the area. He then submitted a rendering of the project for Council's information and will be pleased to answer any questions (the rendering was posted on the Chamber wall). Council Member Lopoz. He had some concerns but alter the applicant made a presentation, he is pleased to say that he feels the project is going to be an enhancement to the area. It will be a model for any new storage facil{ties. Tim Ewing, 3154 W. Valejo Drive representing Beach Boulevard Concerned Citizens. They did get an opportunity to see a presentation from Clausen and his associates. A straw poll vote was taken and the group supported the project. It is a good addition to the area. They talked to Code Enforcement and the Police Department to get feedback and both departments indicate they do not see any problems. They did have some concerns which the applicant said would be addressed. Reistive to the 6' high block wall that acts as a facade, the group asked that some sort of vine be planted to mitigate the possibility of graffiti to prevent an eyesore. He reported that Leonard Lahtinen also brought up a point that the drawing does not show there is going to be a second story. It does not show exactly what it is going to look like. If a second story is going to fit in with what the drawing shows, they are happy with that. They do support the project. Joel Fick, Planning Director. On the wall issue, the code requires planting adjacent to the wall. Secondly, there is a condilJon that requires the construction to be substanlJally in conformance with the plans submitted and on file. Based upon comments received, and should the Council approve in accordance with the Planning Commission approval, staff will pay particular attention to insure the plans are adhered to. Mayor Daly asked to hear from anyone else who wished to speak. Esther Wallace, 604 Scott Lane, Anaheim. She is in favor of the project but does have some concerns. She then briefed her concerns noting that she had researched eight other storage facilrdes to see how they operated their businesses. The concerns were: 21 of the units in the proposed project have 24-hr. access, 17 CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES JANUARY 23, 1996 relative to potential tenants of the spaces, that the ownem will be very careful who they rant to, that the rendering, ss she views it, represents only 3% of the total facility, some of the parking spaces are provided behind the wall which is not an ideal situation, them are electronic gates on the west side of the second- story building with two doom that open into the west side and she would like to know if those will be locked after closing houm and, will the final product look like the drawing presented. Charles Albano, Clausen Enterprises. The drawing is a little misleading bythe angle shown. The wall in front is to screen the doom from Uncoln and it is a requirement of the City. The units will have 24-hr. access. Market studies have shown that 24-hr. access is a selling point. They do plan on being extremely careful about who the units are rented to. He and the owner, Craig Clausen, have attended seminam on self-storage and will be attending mom. The seminam are valuable in the high-tach information they provide to assist in making storage facilities safe and especially how to screen people which include photographs, thumb prints, etc. Their plans are not just to rent to anybody. He explained for Council Member Lopez that someone will not be on the premises 24 hm. a day. The office will be open during the houm the gates are unlocked. Otherwise, the gates will be closed. They are electronic and the electricity will be shut off. Ariel Valli. In reference to the fast-growing vine, he spoke to Mr. Clausen and they would have no problem doing that. Relative to the block wall behind the vines there will be a split-phase block wall. It is specified in the design drawings. There is a second story in the rendering. It is further back than the foreground which is the one-story retail po~on. He explained what the rendering depicted. The rendering is done from eye level so that it looks like a one-story only because it is closer than the two-story. They fully intend to adhere to the drawings. There is a second floor, but there is no exterior access to the second floor. Regarding the doom behind the gate, there are no storage doom on the outside of the gate with the exception of the 24-hr. spaces facing Lincoln. All other doom are behind the storage gates. Mayor Daly. He asked staff to think about a condition regarding the 24-hr. access, perhaps one that could be imposed if in the future problems arose relating to the 24-hr. opemiton so that them is some ability to deal with it. Council Member Lopez. He also expressed concern that with a 24-hr. operation, that nearby residents could be disturbed if tenants accessed the storage units in the early morning houm. Joel Fick. The options available would be to either establish houm of operafion, or if the 24-hr. operation became a Code Enforcement issue, that the item be set for a Public Hearing to consider adding a condition pertaining to a lime limit; Council Member Zamel. He would be more supportive of the latter and to keep a close watch on the operation. (Mr. Fick later offered another alternative, the possibility that the units facing the Terry Circle Apartments be time restricted.) City Attorney White. The operator would be on notice as a result of tonight's hearing that Council is concerned that if a problem develops as a result of the 24-hr. operation, they may well return the C.U.P. for another hearing to either revoke it or establish limits on the bourn. Charles Albano. When they met with the BBCC group, Craig Clausen addressed some of the issues. He and his father developed the property originally in the early 60's. They have been and plan to be in the neighborhood for a long time. He will be willing to work with any concerns as far as houm. If they need to be restricted, that is something they can look at. Mayor Daly. The Council will have the option in the futura to bring the issue back if it is a problem. They do want the business to succeed financially. He suggests that they adopt the conditions recommended in the staff report and if them is any problem with the 24-hr. operation, it will be back to the Council in the future. 18 CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES JANUARY 25, 1996 Bob Carter, 513 S. Aran Avenue, Anaheim. His main concern is the security aspect with the 21 open units. If they have to have a 24-hr. operation, perhaps they should establish a second gate. It is a dangerous area and they do no~ want to open it up for any more trouble; Council Member Zemel. He feels that the business would take it upon themselves to do that if they experience a problem. Council Member Lopez. He would favor setting hours of 7 a.m. to midnight to prevent any problems. Tim Ewing. He agrees with Council Member Zemel not to restrict the business further before it is open. He feels they have shown they are making a commitment. They do want successful businesses in the area. Mayor Daly closed the Public Hearing. Mr. Albano then clarified for the Mayor that management will be on the premises from 7 a.m. to approximately 7 p.m.. They have a mobite security guard in that area from 7 a.m. to 10 p.m. for the shopping centers they have on Lincoln in that area. The guard has a beeper and a cell phone. Council Member Zemel. He asked if there was a problem would they do something on their own; Mr. Ciausen answered, absolutaly, or else they would not be in business. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Zemel, seconded by Council Member Lopez, the City Council approved the negative declaration upon finding that it has considered the negative deciarefion together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Mayor Daly offered Resolution No. 96R-11 for adoption. RESOLUTION NO. 96R-11 A RESOLUTION OF THE CiTY COUNCIL OF THE CiTY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3792 SUBJECT TO CITY PLANNING COMMISSION CONDITIONS. Roll Call Vote on Resolution No. 96R-11 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daiy MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 96R-11 duly passed and adopted. 19 CITY OF ANAHEIM~ CALIFORNIA COUNCIL MINUTES JANUARY 23~ 1996 C1. 148: Discussion regarding the establishment of policy and procedure for voting on issues at Orange County League of C~ies meetings. (Requested by Council Member Zemel at the Council meeting of January 9, 1996.) Council Member Zemel. His intention is not to be critical of any individual or any previous policy, actions or votes. As fl looks now, no one is designated by the Council to give e representative vote of the Council and their constituency at large at League meetings. They could do so by having the recommended actions of the League placed on the City Council agenda one week or some time before the vote takes place at the League Meeting. There would then be an opportunity for a public discussion or at least for Council Members to take a position by a majority vote of the Council. Subsequently, whoever attends the meeting can cast ~at vote. Absent the opportunity to do that, he believes Anaheim should register an abstention on a vote at League Meetings. He believes this can be done by having a new Council Policy. Council Member Feldhaus. League policy provides that the cities Mayors are the primary voting representatives on all matters. In the absence of the Mayor, he does not know if there is a formal policy but believes it would be the Mayor Pro Tem or other Council Members. Mayor Daly. He feels it is a good idea to flag the upcoming issues at League Meetings on the agenda for discussion so they can understand in advance what is to be on the League agendas. From time to time, staff has done.that in the past; to do so with consistency would be a good idea. That is as far as he believes they need to go at this time. He feels that binding whoever attends the League Meetings potentially limits Anaheim's ability to have any influence over the outcome. Frequently, new information is presented. He feels fl is unnecessary to bind the representative, fl is further complicated by the attendance at League Meetings which can vary from month to month. He is not sure attendance will improve if representatives are bound by a previous Council vote. He has attended League Meetings because he wanted to be sure Anaheim was represented. He agrees with the first part of Council Member Zemel's suggestion but the latter, for the time being, is unnecessary in his experience. Council Member Zemel. They might be able to accomplish both having a policy, if a last-minute item arose and not able to be on the agenda, that there be at least a polling of the Council by the City Manager. City Attorney White. He stated that would create a problem under the Brown Act. Council Member Tait. Rather than polling the Council, he feels it makes sense to go with the Mayor's suggestion but on the issues they do have time to discuss, they should do so. Council Member Feldhaus. The League Meeting is a noticed public meeting so it is not in violation of the Brown Act if other members attend and want to discuss the topic on the agenda. Council Member Zemel. The only problem with that, not everybody is available on that Thursday night and, therefore, do not have the opportunity to voice their opinion. He would like the majority view to be represented at the League Meeting. He does not think anyone is disagreeing. The Mayor's suggestion coupled with Council Member Tait's suggestion makes it doable. Anything on the agenda they have time to discuss, that should do so. If at the last minute, leave it up to the Mayor. Additional discussion followed wherein the City Attorney further clarified the provisions of the Brown Act relating to the issue. Mayor Daly. He suggested thatthe matter betablod or continuod. 20 CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES JANUARY 23~ 1996 MOTION. Council Member Zemel moved for adoption of his recommendation with the Mayor's and Council Member Tait's adjustment - that they defer to the Mayor if the Council has not had the issue brought before it but that Eom now on, all League of Cities items be agendized on the Council Consent Calendar for public discussion. Council Member Tait seconded the motion. Before further action, Mayor Daly stated he is still wondering what problem they are trying to solve, or is there a problem; Council Member Zemel reiterated his concerns expressed tonight and at a previous meeting where there have been votes cast at the League that have not necessarily been what the major~ of the Council would have directed and that any such decisions should be a Council majority. Mayor Daly. The League Meeting is public and secondly, whoever is at the meeting is accountable to the public. The Anaheim City Council has survived for a long time without directing people how to vote. MOTION. Council Member Lopez. He is not going to vote on the issue tonight but would like to revisit it. He thereupon moved that the matter be tabled until they get more information. City Attorney White. The motion to table takes precedence and would require a second. Mayor Daly seconded the motion by Council Member Lopez. Council Membem Tait and Zemel voted no. MOTION CARRIED. The matter was thereupon tabled indefinitely. (See Council Comments where the matter was once again requested to be placed on the Council agenda.) C2. 114: COUNCIL COMMENTS: Council Member Zemel. He requested that a discussion regarding the establishment of policy and procedure for voting on issues at Orange County League of Cities Meetings be placed on the Council agenda of February 6, 1996. Council Member Lopez. He invited everyone to the Boxing Club Open House to be held on Thursday evening, January 25, 1996 at the Boys and Girls Club on Broadway. Mayor Daly. He thanked and commended all City employees who parlJcipated in the major cleanup as a result of the strong Santa Ana w~nds on January 1, 1996. Approximately 640,000 lbs. of debris had to be removed from the streets and sidewalks of the City and some 300 calls were received. C3. 112: REPORT ON CLOSED SESSION ACTIONS: City Attorney Jack White stated that there are no actions to report. 21 CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES JANUARY 23, 1996 RECESS - cLOsED SESSION: City Attorney White noted that it was necessary to again recess to Closed Session to complete the balance of the items on the Closed Session Agenda that remain from the afternoon session. MOTION. Mayor Daly moved to recess into Closed Session. Council Member Zemel seconded the motion. MOTION CARRIED. (7:45 p.m.) After Recess: Mayor Daly called the meeting to order, all Council Members being present (approx. 8:59 p.m.). ADJOURNMENT: By general Council consent, the Council Meeting of January 23, 1996 was adjourned (approx. 9:00 p.m.). LEONORA N. SOHL CITY CLERK 22