Loading...
1996/03/26CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES MARCH 26, 1996 The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Tom Tait, Bob Zemel, Frank Feldhaus, Lou Lopez, Tom Daly COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann M. Sauvageau CHIEF OF POLICE: Randall W. Gaston TRAFFIC AND TRANSPORTATION MANAGER: John Lower PLANNING DIRECTOR: Joel Fick ZONING ADMINISTRATOR: Annika Santalahti A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 11:55 a.m. on March 22, 1996 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the workshop portion of the meeting of March 26, 1996 to order at 3:20 p.m. City Manager, James Ruth. He inl~oduced Police Chief, Randy Gaston who, along with his staff, will make the subject presentation today. 156: TOTAL INTEGRATED BOOKING AND IDENTIFICATION SYSTEM: Police Chief, Randy Gaston. The presentation today involves a very new technology that is proven and implemented in various parts of the United States. The Forensic Services Division of the Police Department has spent a great deal of time reseamhing the technology, puffing together a package and are presently working with Pumhasing to develop a bid specitication. The department wanted the opportunity to explain what the system is and how the department does business at present, itites in directly with the long-term problem of correctly identifying people. He then introduced membem of his staff in the Forensic Sen~ces Unit inside the Detective Division - Commander Roger Baker, and the Lieutenant in charge of the Crimes Persons Bureau, Ted Labahn. The two individuals who put the presentation together are Forensics Specialist, Pat Noity and Forensics Supen/isor, Jim Connally who will make the presentation. Jim Connally, Supervisor, Forensic Services Detail. The presentation will explain some of the weaknesses presently in their current booking and local criminal history stystem and how the technology available today can solve those problems, (Mr. Connally's digital slide presentation coincided with the material contained in the booklet entitled, TIBIS, Total Integrated Booking and Identification System - Anaheim Police Department - Forensic Services Detail - made a part of the record). The presentation covered the history and background on booking, the problem with the present booking process, 19th and 20th century technology wherein ~mgerlxints are still collected and filed the same today as in 1916, the current photograph system for mug shots CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES MARCH 26, 1996 is over 25 years old, no current automated systems interface with each other, internal identifies (i.e., only 20% of all arrestees have identity confirmed by fingerprints and arrestees may be booked using false identifies qualif~iog for release instead of increased bail amounts), current technology which is Cai-ID, is outdated and scheduled to be phased out by the State in 2000, the long delay in enby due to backlog at the County level, etc. The latter pardon of Mr. Connally's presentation elaborated on the vision they have for the Police Department- real-time identification to keep criminals off the streets of Anaheim, a faster way to match crime scene prints to suspects, integration of existing systems, improvements in Police productivity, increased public safety, and compliance with 21st century FBI standards. He then explained how they plan to get there with the new system ('RBIS). He emphasized that TIBIS will be open to the growing technologies of the future and that it will be the future gateway to Federal and State data bases. He explained that AFIS - Automated Fingerprint Identification (raa~me idenfiflcafion with direct latent input) is the heart of TIBIS which will be coordinated with the Records Management System. Identification will be accomplished in minutes and seconds instead of hours and days. The data base will be specific to the needs of Anaheim and Anaheim Police will have sole control. TIBIS is designed to be open and because of the open amhitecture, can adapt to any new standards. In closing his detailed presenta§on, he referred to the September, 1995 gun baffle that Officer Tim Garcia had with Ignacio Perez who was show~ in a slide. Mr. Perez, who slipped through the system five times, was killed and Officer Garda wounded. They cannot say if the shooting could have been prevented, but if the true identity and the criminal history of Mr. Perez had been known at the time of his last arrest in June, he may have been in prison or at least deported again taking him off the streets. The proper identification of criminals is important not only to the public, but also to the Police for their safety. Chief Gaaton. This is excilJng technology that is proven and established. Anaheim will probably be one of the first Califomia agencies to take it into implementation mode. The technology will expand to where officers will have personal computers in their cars replacing mobile data terminals. They will be able to transmit and receive fingerprints for identification purposes from the field and also transmit to the field photographs of individuals, it will be a tremendous step and intemally will save a lot of investigative time. As shown in the slide, 65% of the time, the individual has been in custody before. With this system, the information will be instantly input and thus provide the ability to properly identify an individual rapidly. The department will be moving ahead to develop a proposal and the Council will be further informed as the proposal develops. Questions ware posed by Council Members answered by the Chief wherein he explained that the system would reduce the amount of time an officer might spend t~ing to run identifications inside the department, The biggest internal time savings will be in the redundancy created by mis-identifications. The detectives will save time in the sense that they can actually begin to investigate the criminal offense as opposed to spending a lot of front-end time just trying to figure out who the parson is. City Manager Ruth explained for the Mayor that the system has been reviewed with the Police Department and will be recommending file system for Council's consideration during the budget hearings in June. It will be an operational cost estimated at $350,000 annually. Although it is a major cost factor, it will also be a time sever and provide much greater efficiency for the operation of the department especially better utilization of Police Officers. Chief Gaaton explained that there will also be an initial cost and some modification that will have to be done inside the facility. The basic annual cost of $350,000 is for an open-end lease, the advantage being that technology upgrades will be incorporated into the system as they come along. The proposel is not to purchase the system butto engage in a lease from the vendor, and contingent upon them making any upgrades as the technology changes. Mayor Daly. He thanked Chief Gaston and his staff for the informative presentation. The Council will look fonvard to hearing additional details during budget hearings in June. CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES MARCH 26, '1996 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: Theirs were no public comments relative to Closed Session items. The following items are to be considered atthe Closed Session: 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Proper'o/: Juliette Low School Negotiating par'des: Cib/of Anaheim, Magnolia School District Under negotiation: Price and terms CONFERENCE WITH REAL PROPERTY NEGOTIATOR Properly: Anaheim Stadium Negotiating per'dss: City of Anaheim, GoldenWest Baseball Co., and Disney Baseball Enterprises, Inc. RECESS: Mayor Daly moved to recess into Closed Session. Council Member Lopez seconded the motion. MOTION CARRIED. (4:00 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. (5:30 p.m.) INVOCATION: Father Wilbur Davis, St. Boniface Catholic Chumh, gave the invocation. FLAG SALUTE: Council Member Frank Feldhaus led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following Proclamations were issued by Mayor Daly and authorized by the City Council: Recognizing Mamh 25 - 29, 1996 as Job's Daughters Appreciation Week in Anaheim Recognizing April I -7, 1996 as the 10th Annual Celebration of National Community Development Week and recognizing the positive impact that CDBDG has in the community The Job's Daughter Proclamation was accepted by Winona Sherwood and the National Community Development Week Proclamation was accepted by Thomas Holguin and June Lowry along with other members of the Community Development Advisory Board. 3 CITY OF ANAHEIM CALIFORNIA ,COUNCIL MINUTES ,MARCH 26, '1996 Mayor Daly. The City's Block Grant Program would not operate successfully if it were not for the many dedicated volunteers. Their efforts are appreciated and it is because of them that the program has worked so well for over two decades. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council and presented to Marie Moreno on being named one of the five United States Hispanic Women of the Year. Mayor Daly and Council Members congratulated Mrs. Moreno on the prestigious designation given Mrs. Moreno. The Mayor also recognized her work as Director of Community Relations for the California Angels Baseball Team. RECOGNmONS AUTHOR[ZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: 1. PROCLAMATION recognizing April 13, f 996, as a Day of Sharing in Anaheim~ FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,862,501.70 for the period ending March 22, 1996, in accordance with the 1995-96 Budget, were approved. Mayor Daly recessed the City Council meeting until alter the Redevelopment Agency and Housing Authority meeting. (5:46 p.m.) Mayor Daly reconvened the City Council meeting. (5:52 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBUC INTEREST: Joan Hester, Sherwood Apartments, 2127 W. Ball Road, ~C, Anaheim 92804. She has been living at the Sherwood Apartments for over eight years. They have trash removal and the cost has steadily gone up until it is now 1/3 more than her Utility bill. When she called, she was informed that each trash bin is for eight apartments and the trash is to be collected twice a week. However, it is only being collected once a week for 20 apartments. When she informed the City, an Inspector was sent out for about tWo months. The inspector subsequently called her back and said it was supposed to be eight apartments twice a week. A sign was then placed on the bin to that effect but it is still for 20 apartments. She lives on Ball Rd. and the trash bins are for Juno Avenue, the next street. Now she has to use the trash bins on Juno and is still paying over $30 and does not even have a trash bin. Mayor Daly. He asked that she submit her exact address and number and the Council will ask the City Manager to have staff look into the matter and straighten out any confusion that may exist. 4 CITY OF ANAHEIM CALIFORNIA COUNCIL MINUTES MARCH 1996 Joseph Kung, Imperial Canyon Shopping Center, 5581 Santa Ana Canyon Road, Anaheim. Since he spoke to the Council last Tuesday (see minutes that date), he sent a letter to the Orange County Transportation Authority (OCTA) dated 3/20/96 to stop the 'Smart Street" project. Along with this letter, he introduced into the record a petition he started on March 20, 1996 signed by citizens of The Anaheim Hills area. He has also decided to change his course of action and give pesitive suggestions. He then presented three slides (view graphs) which involved the intersection of Imperial Highway and Santa Ana Canyon Road and of particular concern, eastbound Santa Aha Canyon Road, east of Imperial to Via Cortez. (His letter of 3/25/96, specifically pages 3 and 4, item t through 7, outlined his concerns, requests and recommendations.) Mr. Kung then outlined his suggestions/proposed designs to alleviate the traffic problems in that area referring also to the visual data documented in the three video tapes submitted at the meeting of March 19, 1996 and correlating that data with his presentation. In concluding, Mr. Kung stated he believes he can convince the citizens or residents of Anaheim Hills to permit the City to drive over the shoulder on eastbound Santa Aha Canyon Road between the hours of 4:30 and 6:30 only on weekdays thereby increasing the traffic capacity by 50%. He clarified for the Mayor that he is suggesting three left-turn lanes on Imperial with a split-phase traffic signal design. He then clarified for Council Member Zemel that he is recommending that the shoulder be used as a lane and that he has talked to some people including Sheila Harel. Council Member Zemel suggested that Mr. Kung speak with him since he was the one who ran the meeting when the issues of traffic at that location were discussed. He is well aware of the sentiment relative to the issue. Mayor Daly. The Council has a copy of his March 25, 1996 letter. Last week, the Council asked staff to evaluate some of the ideas that were presented et that time and will ask them to do the same with what Mr. Kung laid out today. Seferino Garda. He was appreciative ofthe Proclamation adopted today on the 10th Annual Celebration of National Community Development Week. He would like to again bring to the Council's attention something they tried to do in the past - the establishment of a Community Youth Forum for the youth of Anaheim. They would like to have City agencies present, the Chief of Police, his staff, and everyone dealing with programs in the City to be present, it is necessary in order to save the youth of the City, They need to have gang reclamation. Millions of dollars are bing spent but gang problems are getting worse. VV'ith a forum, it will bring in a lot of students and youth and members of the community that can help. He is asking for the Council's support. In the futura, he will be bringing back a proposal on the concept and the idea. The City's late Police Chief (Joe Molloy) had a vision that if they worked together, they could alleviate a lot of the problems they have in the community. They were planning on having a youth forum in the Council Chamber and subsequently the Chief passed away. The CDBG has a Youth Committee comprised of youth brothers who work closely with the community. That is why it was so important to initiate the National Community Development Week. It is necessary to have more support if they want to get to the bottom of the problem. Mayor Daly thanked Mr. Garda for his input. PUBLIC COMMENTS -AGENDA ITEMS: Public input was received on agenda item A17. See discussion under that Item. 5 CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES MARCH 1996 MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of March 26, 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-39 through 96R-43, both inclusive, for adoption. Refer to Resolution Book. Al. A3. A4. A5. A6. A7. A8. Ag. 105: Receiving and filing minutes of the Mother Colony House Advisory Board meeting held January 8, 1996. 128: Receiving and filing the Monthly Financial Analysis presented by the Director of Finance for seven months ended January 31, t 996. 117: Receiving and filing the Investment Portfolio Report Executive Summary as submitted by the City Treasurer for the month of February 1996. 167: Awarding the contract to the lowest responsible bidder, Baxter-Griffin Company, Inc., in the amount of $54,800 for Hazard Elimination Safety Project II Signal Modifications at various locations; 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 beth the Iow and second Iow bidders. 123: District Agreement No. 12-197 with the State of California for construction of Freedman Way/Anaheim Boulevard HOV Ramp and Undemrossing on the I-5 Freeway widening project; and authorizing the Mayor and City Clerk to execute said District Agreement. 123: Approving District .~reement No. 12-198 with the State of California for construction of West Street/Manchester Avenue HOV Ramp on the I-5 Freeway widening project; and authorizing the Mayor and City Clerk to execute said District Agreement. 123: Approving the Escrow Agreement for substitution of security deposits in lieu of retention by S. J. Amoroso General Contractor for the improvements to the Amtrak Commuter Rail Station at Anaheim Stadium. 123: Accepting the bid of Systems Integrated, in the amount of $94,000 for the automation of five 12 KY underground switches, in accordance with Bid #5491. 160: Accepting the Iow bid of Roy Allan Slurry Seal, Inc., in an amount not to exceed $264,284.79 to apply emulsion slurry to Anaheim's road surfaces, in accordance with Bid f~o488. 160: Accepting the Iow bid of Ram AJr Engineering, in the amount of $43,943 for the purchase and installation of purge units with halazone emission collection canisters and rupture disks on the HVAC chillers at the Convention Center, in accordance with Bid #5487. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a Purchase Order to Motorola Communications, in the amount of $25,200 for the repair and maintenance of 100 mobile data terminals, for a one year period, beginning July 1, 1996. CITY OF ANAHEIM CALIFORNIA COUNCIL MINUTES MARCH 26, 11996 Al0. t60: Authorizing the Purchasing Agent to issue a Change Order to P.S. Trading, in an amount not to exceed $90,000 for helicopter Jet A fuel and AVGAS 100, as required for the period July 1, 1996 through June 30, 1997, with the option to renew for an additional year, in accordance with Bid #5376. All. 123: Approving an Agreement by and among the Anaheim Redevelopment Agency, the City of Anaheim, and Jamboree Housing Corporation for a 48 unit affordable townhouse-style and carriage fiat condominium project to be located at 608 West Vermont Street. A12. t23: RESOLUTION NO. 96R-39: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE AGREEMENT FOR ACQUISITION OF REAL PROPERTY FROM THE ANAHEIM HOUSING AUTHORITY, AND ACCEPTING THE DEED CONVEYING THE REAL PROPERTY TO THE CITY (BROOKHOLLOW PROJECT-LOCATED NEAR THE INTERSECTION OF CRESCENT AVENUE AND VALLEY VIEW STREETS), A13. 123: Approving an ,~reement with D.D. Pagano, Inc., in the amount of $48,760 for consultant services to perform water audits to twenty parks. The water audits are a required component of the Metropolitan Water District/U.S. Bureau of Water Reclamation grant received by the City in November of 1995, in the amount of $277,414 to upgrade park irrigation systems to be more efficient and conserve water. A14. 150: RESOLUTION NO. 96R-40: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REGARDING FUNDS FOR THE URBAN FORESTRY GRANT PROGRAM UNDER THE CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION BOND ACT OF 1988, FOR THE ANAHEIM CITY TREE PLANTING PROJECT. ($15,000) A15. 123: Approving the First Amendment to the Agreement with Amies Communications for professional se~ces to allow up to $55,000 of funding through November 30, 1996, for professional marketing services relating to the City's economic development programs. A16. 123: Approving the Agreement between the City of Anaheim and Medical and Safety Management, Inc., for the provision of standby ambulance and physician and backup emergency medical technician/mini-ambulance se~ces for Anaheim Stadium events from April 1, 1996 through March 31, 1999. A17. 168: RESOLUTION NO. 96R-41: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RENAMING CERTAIN STREETS DUE TO THE FUTURE WIDENING OF THE SANTA ANA FREEWAY AND ESTABLISHING THE DATES OF SAID NAME CHANGES. 1) THE SEGMENT OF ANAHEIM BOULEVARD TO BE RELOCATED WITH THE I-5 WIDENING TO "ANAHEIM WAY"; 2) FREEDMAN WAY BETWEEN HARBOR BOULEVARD AND "ANAHEIM WAY" TO "DISNEY WAY"; 3) WEST STREET BETWEEN THE PLANNED NEW INTERCHANGE WITH I-5 AND KATELLA AVENUE TO "DISNEYLAND DRIVE"; 4) REALIGNED BELLEVUE DRIVE NAMED BELLEVUE DRIVE SOUTH OF SOUTH STREET AND REALIGNED ILLINOIS STREET NAMED ILLINOIS STREET NORTH OF SOUTH STREET; AND 5) REALIGNED RHODES AVENUE NAMED RHODES AVENUE EAST OF GILBERT STREET AND REALIGNED DEVONSHIRE ROAD NAMED DEVONSHIRE ROAD WEST OF GILBERT STREET. CITY OF ANAHEIM CALIFORNIA COUNCIL MINUTES MARCH 267 1996 Sharon Lesk, Trustee of the Leo Freedman Foundation. She is present to discuss a satisfactory resolution to the renaming of Freedman Way which was named after her late Groat Uncle, Leo Freedman. She has talked to John Lower, the City's Traffic and Transportation Manager and they have come up with a proposal, if the Council agrees, which is acceptable to her and the other Trustee, Ellis Stearn that at the same time the existing Freedman Way is to be renamed effective in February of 1998, to also rename Clementine-Manchester from Katalla Avenue to the Santa Ana Freeway - Freedman Way. It will be particularly safisf~ng for her since the current Clementime-Manchester going from south to north, borders on the parking lot of the Grand Hotel which her Uncle built. The naming of the current Freedman Way meant a great deal to her Uncle who developed Melodyland and the Anaheim Plaza Hotel. She then thanked Jim Ruth and Richard Bruckner who got involved when she asked what was taking place. Her intent has not been to make this an adversarial situation. They have worked with the City very well and want to continue to do so. In addition, she understands it would be unlikely to get a freeway e~dt sign for the Freedman Forum in downtown Anaheim;however, Mr. Lower did say with Council approval he would be willing to install a small sign on the City street at the Santa Ana Freeway going north at Harbor or somewhere in that vicinity directing people to the Freedman Forum Concert Theater and also a directional sign at the 57 Freeway. She would very much appreciate that. Her great Uncle had a commitment to the City in his lifetime and on his death with the creation of the Freedman Foundation which is continuing today. Since 1991, the Foundation has given almost 1/2 million dollars directly to the City of Anaheim in cash as well as grants. At this time, she would feel more comfortable if there could be a resolution to the effect of beginning a process of renaming Clementine-Manchester, Freedman Way effective with the renaming of the current Freedman Way and with directional signs to the theater. In this way, there will be something in the record that would reflect an agreement if the Council is predisposed to do that. Mayor Daly. He thanked Ms. Lesk for her graciousness regarding the whole subject. He appreciates that she understands they are t~ing to accommodate the Caltrsns schedule. The widening of the Santa Ana Freeway through the City is going to be a very disruptive project. Every interchange throughout Anaheim is going to be completely rebuilt. A great deal of engineering coordination needs to be done along with related street changes that go hand in hand. He is going to recommend that they start the ball rolling on her suggestion. It will take a few weeks. Property owners have to be notified and feedback received before they can take formal, legally binding action. They do have a schedule to accommodate regarding the freeway off ramps. He is going to suggest that the City Council consider Ms. Lesk's suggestion and ask staff to start working on the subject understanding that final a~on could not be taken until at least a few weeks down the read. Sharon Lesk. She also told Mr. Lower that she and Ellis Steam would be willing to work with the City in talking to some of the property owners. Pdor to Disneyland becoming Disneyland, her Great Uncle bought and owned acres and acres of citrus groves and farmlands there. This is in the same area and it does intersect with what is now Freedman Way which she understands will become Disney Way. She feels, at least for her, he must be sufficiently honored. Mayor Daly. He again thanked her for taking the time to be present. He is going to ask staffto follow up with her on the notion of recognizing her Uncle's involvement in the citrus industry and maybe some other possibilities in terms of community art projects. City Clerk Sohl stated she will be happy to inform Ms. Lesk when the item is placed on the agenda. City Attorney White. He surmises it would be the Council's intention, since this is not an agenda item tonight, that the item be agendized alter all the appropriate notifications are given to the surrounding property owners and brought back to the Council at a future date for consideration; Mayor Daly. It will be the same process used in the package they now have. 8 CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES MARCH 26, 1996 A18. 123: Approving a Second Amendment to an Agreement with Geonex Vernon Graphics for a Drawing Conversion Project to extend the completion date to June 28, 1996, and authorizing the Public Utilities General Manager, on behalf of the City, to execute the Second Amendment. A19. 184: Reviewing the need for continuing the Ninth Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Sauces 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. 123: To consider approving the Mutual Release Agreement among the Magnolia Elementary School District, the City of Anaheim and the Rams Football Company, inc., relating to the obligations of the City and the Rams to restore the Juliette Low School site to school use. City Manager, James Ruth. This item is being removed from the agenda at this time and no action will be taken. 153: RESOLUTION NO. 96R42: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending RESOLUTION NO. 92R-21 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS MIDDLE MANAGEMENT. (ADDING THE CLASSIFICATION OF ELECTRIC TECHNICAL SERVICES SUPERINTENDENT, EFFECTIVE APRIL 5, 1996.) 153: RESOLUTION NO. 96R-43: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-18 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL. (ADDING THE CLASSIFICATIONS OF ELECTRIC CONSTRUCTION AND MAINTENANCE SCHEDULER, ELECTRIC SYSTEMS QUALITY ASSURANCE SPECIALIST, AND SENIOR ELECTRIC CONSTRUCTION AND MAINTENANCE SCHEDULER, EFFECTIVE APRIL 5, 1996.) A22. 114: Approving minutes of the Anaheim City Council meeting held March 5, 1996. Roll Call Vote on Resolution Nos. 96R-39 throuqh 96R-43, both inclusive~ 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 Nos. 96R-39 through 96R-43, both inclusive, duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. A23. 149. RESIDENT ONLY - PERMIT PARKING ON CERTAIN STREETS SOUTH OF ORANGEWOOD AVENUE AND WEST OF HASTER STREET: To consider a resolution designating certain streets, located generally south of Orangewood Avenue and west of Haster Street, as "Permit Parking Only" streets. The following streets will be designated as Permit Parking Area No. 4 for which a valid parking permit issued at a cost of $10 shall be required to park: 1) The north and south side of Bluebell Avenue from Haster Street to Oertley Drive; 2) the north and south side of Cliffwood Avenue from Haster to Oertley Drive; 3) the north and south side of Wilken Way 9 CITY OF ANAHEIM CALIFORNIA COUNCIL MINUTES MARCH '1996 from Haster Street to Oertley Drive; and 4) the east and west side of Oertley Drive south of Orangewood Avenue to Wilken Way. Submitted was report dated March 26, 1996 from the Department of Public Works recommending approval of 'Resident Only-Permit Parking" on the subject streets. Mayor Daly. He first asked if anyone was present in opposition to the permit parking only proposal for proposed Parking Area No. 4 covering the subject streets; no one was present in opposition. He then asked to hear from Mr. Gene Baxley who asked to speak as the spokesperson for the residents. Mr. Gene Baxley. He first asked those residents of Bluebell, Cliffwood, Witken Way and Oertley who were present to stand to show their support for this item (there were approximately 30 people). He stated many residents were unable to attend the meeting in fear of not having a place to park when they returned home. On behalf of the residents, he thanked and commended the City on its efforts to curb crime and gang activities in the Leatrice, Wakefield and Mountain View target areas with parking restrictions. They support the efforts 100%. That action, however, caused the problem to move to their adjacent community. He then relayed the long list of problems they now have to live with which were outlined in his statement submitted to the Council (see letter/statement entitled - Resident Only Parking submitted by Mr. Baxley - made a part of the record). The petition before the Council is further proof of their desire to assist the City, Police Department and Code Enforcement in curtailing the deplorable activities that have troubled the neighborhood for so long. They urged the Council to grant their request for resident- only parking at the earliest possible time. Mayor Daly. He thanked Mr. Baxley for summarizing the reasons for the request. They have reports from City staff which recommend moving forward w~th resident-only permit parking. They appreciate how cooperative the residents have been in working with City staffto resolve the problem. Before closing the hearing, he again asked if anyone was present in opposition;there was no response. Mayor Daly also noted that the staff report mentions that 76% of the property owners have signed the peri'don supporting permit only perking. Mayor Daly closed the hearing. Council Member Feldhaus offered Resolution No. 96R-44 for adoption. RESOLUTION NO. 96R-44: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DESIGNATING CERTAIN STREETS, LOCATED GENERALLY SOUTH OF ORANGEWOOD AVENUE AND WEST OF HASTER STREET, AS "PERMIT PARKING ONLY" STREETS. Roll Call vote on Resolution No. 96R- 44 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-44 duly passed and adopted. Council Member Lopoz. It is commendable that the residents worked with the Police Deprtment on this matter. He noted Officer Cook in the audience who had been working out in that neighborhood. 10 CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES MARCH 26, 1996 Mayor Daly announced that staff contact on this issue will be John Lower, the City's Traffic and Transportation Manager. Additional discussion followed wherein the residents were informed by staff that the resolution adopted by the Council, No. 96R-44, takes effect immediately but that enforcement cannot begin until the signs are posted, the permit process in place, and the permits issued. John Lower, Traffic and Transportation Manager. The residents need to come to City Hall, Room #263, and pay for the permit ($10 each). He believes that in 30 days they can start enforcing permit parking. Mayor Daly. He inquired if there is a simpler way to accomplish the task of getting permits, perhaps as a group rather than everyone having to do so and asked Mr. Lower to call Mr. Baxley to determine the most convenient way; Mr. Lower stated he will do that. ITEMS B1 - B8 FROM THE PLANNING COMMISSION MEETING OF MARCH 4, 1996 INFORMATION ONLY -APPEAL PERIOD ENDS MARCH 26. 1996 BI. 179: CONDITIONAL USE PERMIT NO. 3731 AND NEGATIVE DECLARATION: OWNER: DONG S. KlM, 969 La Paz Road, Placentia, CA 92670 AGENT: JUAN B. CARBAJAL, 1652 West Uncoln Avenue, Anaheim, CA 92805 LOCATION: 1652 West Lincoln Avenue. (El Oio De A¢~ua}. Property is approximately 1.3 acres located on the south side of Lincoln Avenue and approximately 440 feet east of the centerline of Euclid Street. Petitioner requests deletion or medifica§on of a condition of approval pertaining to a time limitation to retain the on-premises sale and consumption of alcoholic beverage within a restaurant. ACTION TAKEN BY THE PLANNING COMMISSION: Denied request to amend the conditions of approval of CUP NO. 3731 (PC96-25) (7 yes votes). NegstNe Declaration previously approved. Letter dated March 25, 1996 from Neal T. Curatola on behalf of Juan B. Carbajal was received appealing the decision of the Planning Commission and, therefore, a Public Hearing will be scheduled at a later date. B2. 179: CONDITIONAL USE PERMIT NO. 3812 AND NEGATIVE DECLARATION: OWNER: T.W. Investment Corp; I. S. Investment Corp; Max Cukier & Miriam CukJer, Trustees Cukier Family Trust; Kiva Kletzel, Trustee Kletzel Inervivos Trusts, C/O )(APE PROPERTIES, P.O. SOX 6474, Beverly Hills, CA 90212 AGENT: M.B. TECHNICAL SERVICES, Attn: Michael Bates, 1539 W. Spring Street, Long Beach, CA 90810 LOCATION: 1325-1341 North Blue Gum Street. Property is approximately 9.7 acres located atthe northwest corner of Miraloma Avenue and Blue Gum Street. To permit an automotive van conversion and modification facility in an existing industrial business perk. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3812 GRANTED (PC96-26) (7 yes votes). Approved Negative Declaration. 11 CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES MARCH 26, t996 B3. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3820 AND NEGATIVE DECLARATION: OWNER: JAMES HILL, TRUSTEE, DAHLMAN FAMILY TRUST, 607 Avenida Teresa, San Clementa, CA 92672 AGENT: HARRY ERICSON & ASSOCIATES, 3328 Alabama Circle, Costa Mesa, CA 92626 LOCATION: 2501 East Lincoln Avenue. Property is approximately 0.54 acre located at the northeast corner of Uncoln Avenue and Sunldst Street. To permit e full sawice car wash, auto detailing and lubrication facility with waivers of minimum structural setback and yard requirements and required site screening. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3820 GRANTED (PC96-27) (7 yes votes). Approved waiver of code requirement. Approved Negative Declaration. A review of the Planning Commission's decision was requested by Mayor Daly concurred in by Council Member Lopez and, therefore, a public hearing will be scheduled at a later date. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3830 AND NEGATIVE DECLARATION: OWNER: DENNIS and EDITH BERGER, 1120 W. Lincoln Avenue, Anaheim, CA 92805 LOCATION: 1130 West Lincoln Avenue and 1203 West Center Street (Ace Fixtures Company). Property is approximately ,22 acres located on the south side of Lincoln Avenue and the north side of Center Street approximately 505 feet east of the centerline of Villa Place and further described as 1130 West Lincoln Avenue and 1203 West Center Street. To retain outdoor storage of products for an existing retail restaurant supply store with waiver of minimum landscaped setback. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3830 GRANTED, for two years, to expire 3/4/98 (PC96-28) (7 yes votes). Approved waiver of code requirement. Approved negative Declaration. B5. 179: CONDITIONAL USE PERMIT NO. 3824 CATEGORICALLY EXEMPT~ CLASS 3: OWNER: SERVITE FATHERS, Mr. Thomas Tereschuk, 1952 West La Palma Avenue, Anaheim, CA 92801-3595 LOCATION: 1952 West La Palma Avenue (Sewite Hioh School). Property is approximately 14.75 acres located on the south side of La Palina Avenue and approximately 515 feet west of the centerline of Onondaga Avenue. To permit a 684-square foot baseball storage room at a private high school. ACTION TAKEN BY THE PLANNtNG COMMISSION: GRANTED CUP NO. 3824 (PC96-30) (7 yes votes). SS, 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3823 AND NEGATIVE DECLARATION: OWNER: CALVIN WILLIAMS and CLAUDIA A. WILLIAMS, 4310 Bergamo Drive, Encino, CA 91436 AGENT: DAWSON DAVENPORT, 7700 I~ine Center Drive, Iwine, CA 92718 LOCATION: 5693 East Orangethorpe Avenue. Property is approximately 1.9 acres located at the northwest corner of Orangethorpe Avenue and Imperial Highway. 12 CITY OF ANAHEIM CALIFORNIA COUNCIL MINUTES MARCH 1996 To permit a sports bar with on-premises sale and consumption of beer and wine with waiver of minimum number of perking speces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3823 GRANTED for two years, to expire 3/4/98 (PC96-31) (6 yes votes, 1 no vote). Waiver of code requirement Approved. Approved Negative Declaration. Council Member Feldhaus noted a discrepancy in the voting and asked that staff clarifij the matter and correct it accordingly. (Agenda indicates 6 yes and I no vote - Planning Commission Resolution PC96-31 indicates 7 yes votes.) B7. REPORTS AND RECOMMENDATIONS: 179: CODE AMENDMENT NO. 96-04 (~EQA EXEMPTION SECTION 15061 ;b) (3t: City Initiated, City of Anaheim, Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92803 Request to consider amending Chapters 18.03 (Zoning Procedures - Amendments, Conditional Use Permits and Variances) and 18.93 (Specific Plans) of the Anaheim Municipal Code pertaining to General Plan and Specific plan procedures and adding a provision for Specific Plan Adjustments. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended adoption of the proposed ordinance to City Council. ORDINANCE NO. 5559 (INTRODUCTION) AN ORDINANCE OF THE CiTY OF ANAHEIM Amending sections 18.03.050, 18.03.060 and 18.93.050 of, and adding section 18.93.090 to, Chapters 18.03 and t 8.93, respectively, of title 18 of the Anaheim Municipal Code relating to General and Specitic Plans. Mayor Daly offerd Ordinance No. 5559 for tirst reading. ORDINANCE NO. 5559: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 18.03.050, 18.03.060 AND 18.93.050 OF, AND ADDING SECTION 18.93.090 TO, CHAPTERS 18.03 AND 18.93, RESPECTIVELY, OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO GENERAL AND SPECIFIC PLANS. B8. 179: CONDITIONAL USE PERMIT NO. 3669 - REQUEST FOR RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL: AND NEGATIVE DECLARATION: REQUESTED BY: RudyA. Balderrama, 606 E. Orangewood Avenue, Anaheim, CA 92802 LOCATION: Prooertv is located at 606 East Oranaewood Avenue. Petitioner requests a retroactive extension of time to expire October 3, 1996 for Conditional Use Permit No. 3669 (to permit a church with minimum structural setback for institutional uses and maximum structural height adjacent to residential zone boundaries.) This pe~on was originally approved bythe Planning Commission on October 3, 1994. 13 CITY OF ANAHEIM CALIFORNIA COUNCIL MINUTES MARCH 26, 1996 ACTION TAKEN BY THE PLANNING COMMISSION: Approved retroactive extension of time to comply with conditions of approval (to expire 10/3/96). Negative Declaration previously approved. END OF THE PLANNING COMMISSION ITEMS. B9. ITEMS B9 - Bll FROM THE ZONING ADMINISTRATOR MEETING OF MARCH 14~ 1996: DECISION DATE: MARCH 21~ 1996 INFORMATION ONLY -APPEAL PERIOD ENDS APRIL 5~ 1996 179: VARIANCE NO. 4290~ CATEGORICALLY EXEMPT. CLASS 6: OWNER: PAUL AND STEPHANIE MATFUCCl AND STEPHEN AND TERI VALDER, 1270 North Sunshine Way, Anaheim, CA 92806 I~O(~ATION: 6413 East Via Arboles. Property is approximately 0.16 acre, having a frontage of approximately 66 feet on the north side of Via Arboles, having a maximum depth of approximately 107 feet and being located approximately 350 feet east of the centerline of Ramsgate Drive. Waiver of maximum structural height to construct a single family residence. ACTION TAKEN BY THE ZONING ADMINISTRATOR: APPROVED VARIANCE NO. 4290 (ZA Decision No. 96-08). BIO. 1179: VARIANCE NO. 4291, CATEGORICALLY EXEMPT. CLASS $: OWNER: HARRY H. HOILES, MARY JANE HARDIE, THESHIE, JR. et al. CO-TRUSTEE, 625 North Grand Avenue, Santa Ana, CA 92701 Attn: Thomas M. Grochow AGENT: ORANGE COUNTY REGISTER, 625 North Grand Avenue, Santa Ana, CA 92701 Attn: Thomas M. Grochow LOCATION: 1701-1771 South Lewis Street. Propen'y is approximately 753 feet on the west side of lewis Street, having a maximum depth of approximately 587 feet and being located approximately 228 feet north of the centerline of Katella Avenue. Waiver of permitted encroachment to erect a 9-foot high security fence in the front setback. ACTION TAKEN BY THE ZONING ADMINISTRATOR: DENIED VARIANCE NO. 4291 (ZA Decision No. 96-09). Bll. 179: ADMINISTRATIVE ADJUSTMENT NO. 0100: OWNER: JOHN R. JOHNSON, 204 North Chantilly Street, Anaheim, CA 92806 LOCATION: 204 North Chantilly Street. Propert~ is approximately 0.16 acre, located on the east side of Chantilly Street, and being located approximately 350 feet south of the centerline of Mardi Gras Avenue. Waiver of minimum side yard setback to construct a room addition. ACTION TAKEN I~Y THE ZONING ADMINISTRATOR: APPROVED ADMINISTRATIVE ADJUSTMENT NO. 0100 (ZA Decision No. 96-10). END OF THE ZONING ADMINISTRATOR ITEMS. 14 CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES MARCH 26, 1996 B12. 149: ORDINANCE NO. 5558: (FOR ADOPTION): Amending Section 18,06.050 of Chapter 18.05 of Title 18 of the Anaheim Municipal Code relating to parking for self-storage facilities. (See item B5 at the City Council meeting of March 12, 1996. Introduced at the meeting of March 19, 1996, item B5.) Mayor Daly offered Ordinance No. 5558 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5558: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.06.050 OF CHAPTER 18.05 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING FOR SELF-STORAGE FACILITIES. Roll Call Vote on Ordinance No. 5558 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. 5558 duly passed and adopted. B13. 179: ORDINANCE NO. 5560: (INTRODUCTION) Amending Title 18 to rezone property under Reclassification No. 95-96°03 located at 401-411 North Anaheim Boulevard from the CG zone to the CL zone. Council Member Feldhaus offered Ordinance No. 5560 for flint reading. ORDINANCE NO. 5560: (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 95-96-03 LOCATED AT 401-411 NORTH ANAHEIM BOULEVARD FROM THE CG ZONE TO THE CL ZONE. DI. 179: pUBLIC HEARING -CONDITIONAL USE PERMIT NO. 3724 REQUEST FOR A RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL: REQUESTED BY: The Roman Catholic Bishop of Orange, 2811 E, Villa Real Drive, Orange, CA 92887 LOCATION: Propert~ is located at 412 N. Crescent Way. Petitioner requests a retroactive extension of time to expire on November 14, 1996 for Conditional Use Permit No. 3724 (to permit an approximate 38,000-square foot church facility within the ML Zone). ACTION TAKEN BY THE PLANNING COMMISSION: Approved retroactive extension of time to comply with conditions of approval of CUP NO. 3724 (to expire 11/14/96). Informational item at the meeting of February 27, 1996, Item B9. 15 CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES MARCH 26, 1996 HF,,ARING SET ON: A review of the Planning Commission's decision was requested by Mayor Daly and Council Member Lopez at the meeting of February 27, 1996 - B9. and Public Hearing scheduled this date. PUI~LIC NOTICE REQUIREMENTS MET BY: Pubticafion in Anaheim Bulletin- March 14, 1996 Mailing to properb/owners within 300 feet - March 14, 1996 Posting of property- March 15, 1996 STAFF INPUT: See Staff report to the Planning Commission dated February 5, 1996. Mayor Daiy. The sole reason he asked for a hearing was to try to cladfy the potential for conflict that exists with a church in this light manufacturing zone. He wants to be certain they all understand the circumstances. He asked Planning staffto comment briefly on what their typical approach is in similar situations. This is an industrial neighborhood where some uses have been in place for 25 or 30 years. Joel Fick, Planning Director. Staff and the Planning Commission share the viewpoint and concern expressed. This is also in a Redevelopment Project area. included in the Council packets are letters from the Diocese of Orange. One outlines the status of the CUP and the application. They are close to pulling a building permit. One of the documents is a memorandum referred to as an MOU (Memorandum of Understanding) between the Diocese and the Redevelopment Agency dated November 9, 1994 (to Reverend Saan Brazil, SSC, Reverend Yong-Soo Park, and members of the Saint Thomas Korean Catholic Center from Bishop Michael P. Driscoll). He is certain there are church representatives present who can comment and answer questions. The document specifies that they understand future developments surrounding the site could be industrial and they would not object. The Planning Commission examined the document in detail and discussed it at their meeting. There is wrftten correspondence from the church in that regard. Mayor Daly. There are two items from the Diocese of Orange. One is a letter from Reverend Michael Driscoll to Richard Bruckner and the second is a memo from Bishop Driscoll to Reverend Sean Brazil (see above). He asked the City Attorney to comment on how binding the documents are. City Attorney White. The letters that have been received appear to have been received as part of the original process for the issuance of the CUP. Therefore, he believes the CUP was issued in part at least by the City upon the understanding that there would be no objection to future industrial uses by the permittee and if there were, in his opinion, the City would be in a position to call into review the existing CUP on the grounds that it was obtained through some misrepresentation that the parties were now objecting to something when they promised not to. It is not a binding contract with the City whereby they can go to court and fome the chumh not to file an objection. If the Church were to do so, they would bo subjecting their own permit to great jeopardy. He also answered additional questions bythe Mayor regarding hypothetical future land uses that may be proposed by the Redevelopment Agency that may not be acceptable to the Church. He explained that the property owner would have the right to object in any manner that was appropriate as would any other property owner. Joel Fick. Staff agrees and concurs with the comments by the City Attorney. Mayor Daly opened the Public Hearing and invited representatives of the property owner to speak. Bishop Michael Driscoll, Auxiliary Bishop of the Diocese of Orange, representing the Roman Catholic Bishop of Orange, owner of all church properties in the Diocese, which emcompasses all of Orange 16 CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES MARCH 26, '1996 County. W~th him tonight are representatives of the community and Father Benedict Klm who is the priest now in charge of the community as assigned by Bishop McFariand. At the time of the memorandum, it was Father Park who has now returned to Korea. Father Klm is present and assigned to that community by Bishop McFarfand and the Bishop of Korea. He is the Director of the community. Mr. Thomas Lee is a member of the community and one of the Counsel for Father Kim. Donald Crough is a representative of the Diocese in charge of Building and Construction, and Glen Gellatiy is a member of Bissell Architects who designed the facility. They are prepared to answer any specific questions. The MOU was prior to the actual Planning Commission meeting. It was between the Bishop of Orange and the Korean commune. The Bishop had the same concerns as the City Council and Planning Commission in that the Korean community wished to buy the Borax building which was in an industrial zone where they knew there could be uses that might be incompatible. There was also the possibility the Borax site could have hazardous waste. That proved not to be a problem and the MOU was initiated because of the Bishop's concern that the community recognized the fact that they were in an industrial zone and if such permission were given, they would acknowledge and respect that and not protest other industries that would go into the area. The Penhall Company informed Bishop McFarland that they would be a benevolent neighbor but also wanted the Bishop to know what their position was. That was what triggered the MOU. The agreement was signed by the people who are the chief representatives of the Korean community. He clarified that the only one who could lodge a protest is the Bishop himself because he is the property owner. The Bishop currently, and any of his successors, is going to live by that agreement. He also has the assurances of Father Benedict Klm and he is sure that any of his successors would also live by the agreement because the Bishop would enforce that. They are hoping the Council will give the extension of time. They are prepared within weeks to go forward with construction. What took time was the matter of raising the extra funds. Council Member Lopez. He had the same concerns raised by the Mayor including the safety of children. He was on the Board of Education whose headquarters are across the street from the subject property and they received some calls. His concern was the use seven days a week, mornings and evenings. He does not want children walking over to the Penhall property and getting themselves into a dangerous situation. Bishop Driscoll. The operation is different from a normal parish church. It is more ufa center. What will take place during the week would be a night Mass and adult meetings. The children would gather on Sunday the same time their parents gather. Now, the entire family comes to Servite High School and while MasS is being celebrated for the adults, the children are being taught religious studies. When Mass and studies are finished, the children have Mass while the adults have a social. That is the way the Korean community operates so they will be under supervision and there should not be a problem. Council Member Feldhaus. He commends the Diocese or Orange as well as Penhall for getting together and resolving what was a potential problem with an MOU. Council Member Tait. He knows it was not an official action of the Diocese when there was a protest at a prior hearing on a conflicting use (Penhall). So that it is on the record, if there are conflicting uses, this is an industrial zone and those uses would take precedent, at least in his mind. He thanked the Bishop for his cooperation. Mayor Daly closed the Public Hearing. Mayor Daly. He asked if staff had any additional language in terms of conditioning the permit. 17 CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES MARCH 1996 City Attorney White. The only thing on the agenda tonight is a motion to approve or deny a retroactive extension of time to comply with e~stng conditions. No other conditions could be amended this evening. Given enough time, he could draft some language to add to conditions but he is not sure in light of the discussions tonight and letters in the file that that is necessary. He feels the Council can act on the matter tonight as it stands. ENVIRONMENTAL IMPACT REPORT NEGATIVE DECLARATION: On motion by Mayor Daly seconded by Council Member Tait the City Council approved the negalNe declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Mayor Daly offered Resolution No. 96R-45 for adoption granting Conditional Use Permit No. 3724. Refer to Resolution Book. RESOLUTION NO. g6R-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3724. Before a vote was taken, City Attorney White stated this will be granting a retroactive extension of time to comply with conditions of approval to expire November 14, 1996 upon the findings set forth in Paragraph A - D, Page 3 in Paragraph 11 of the February 5, 1996 staff report and also based upon the additional stipulations in the record from the applicant concerning the non-protest of industrial uses. Mayor Daly incorporated the above in offering Resolution No. 96R-45 for adoption. Roll Call vote on Resolution No. 96R- 45 for ado~)tion: AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopoz, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 96R-45 duly passed and adopted. D2. PUBLIC HEARING - CONDITIONAL USE PERMIT NO.1897 (READVERTISED) AND NEGATIVE DECLARATION: OWNER: MAGNOLIA SCHOOL DISTRICT, Attn: Paul Mercier, Superintendent, 2705 West Orange Avenue, Anaheim, CA 92804 AGENT: CITY OF ANAHEIM, Attn: James D. Ruth, City Manager, 200 South Anaheim Boulevard, #733, Anaheim, CA 98205 LOCATION: Property is approximately 10 acres, having a frontage of approximately 535 feet on 18 CITY OF ANAHEIM CALIFORNIA COUNCIL MINUTES MARCH 26, 1996 the west side of Ventura Street and a maximum depth of approximately 660 feet and being located approximately 275 feet west of the centerline of Monterey Street and 266 feet north of the canterline of Uncoln Avenue. Proposal to amend or delete conditions of approval pertaining to a previously approved multiple- purpose facility for football practice and training, and corporate team offices. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 1897 APPROVED proposal to amend or delete conditions of approval pertaining to a previously approved multiple-purpose facilit~ for football practice and training, and corporate team offices (PC96-29) (7 yes votes). Negative Declaration previously approved. HEARING SET ON: A review of the Planning Commission's decision was requested by Council Member Feldhaus and Mayor Daly at the meeting of March 12, 1996, item B11. and Public Hearing scheduled this date, PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - March 14, 1996 Mailing to property owners within 300 feet - March 14, 1996 Posting of property- March 15, 1996 STAFF INPUT: See Staff report to the Planning Commission dated March 4, 1996. Mayor Daly asked if anyone was present either in favor or in opposition to the proposal. City Attorney White. The City of Anaheim initiated the application at the request of the Seattle Seahawks Football Team, Inc. At the time the City was negotiating a lease agreement with the School District and sublease with the football team to continue utilization of the Juliette Low School property as a football practice facility and offices. The property been utilized to a similar extent by the Los Angeles Rams since 1978. They were recently informed by the team they are not currently in a pos~ion to consumate the lease agreement. Therafore, staff is not bdnging to the Council any documents relating to the lease and that has been withdrawn from the agenda. However, staff is recommending at this time that the City conduct the Public Hearing on the application tonight, because it has been noticed and scheduled for this date. The Council can act upon it and even if approved, would still require some lease arrangement to be made with the School Distdct and the team to make it happen. It would put the zoning in place, if at some time within the next three years the parties were in a position to consummate the transaddon. All the information before the Planning Commission, the testimony in the files, etc., are part of the record of tonight's hearing and incorporated into this proceeding. If there are any additional public comments pro or con, those can be received at this t~me. Mayor Daly. He questioned why the lease is for only three years. City Attorney White. That was the original request and that was the way it was noticed; however, it is not necessary to limit it to three years. 19 CITY OF ANAHEIM CALIFORNIA COUNCIL MINUTES MARCH 1996 Annika Santalahti, Zoning Administrator. The original uso permit was not granted with any time limitations. When the Planning Commission hearing was held, the Commission was interested in the length of the potential lease and felt it would be appropriate to also limit the CUP. The Commission imposed a three- year limitation alter some discussion at the meeting noting that if something different happened, it could always be readverfised again and be considered in that instance for a time extension. Cit~ Attorney White. He again confirmed that the Council has the ability to change any of the conditions. Mayor Daly. It might be a good policy in this case to include a longer time period, primarily because of the logistics of renewing permits and some of the other reasons that may come up. He does not see any reason not to have a four or five-year term; Council Members agreed. Mayor Daly closed the Public Hearing. CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING: On motion by Mayor Daly seconded by Council Member Tait the City Council finds that the Negative Declaration previously approved in connection with CUP 1897 is adequate to serve as the required environmental documentation, that it has considered the previously approved Negative Declaration together with any comments and evidence received during the public review process and that them are no additional impacts in connection with the subject action. MOTION CARRIED. Mayor Daly offered Resolution No. 96R-46 for adoption amending conditions of approval of Conditional Use Permit No. 1897 as set forth in Resolution No. 78R-749 by amending Condition 10 - that the subject use permit is hereby granted for a period of five (5) years, to expire April 1,2001. RESOLUTION NO. 96R-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT 1897. Roll Call vote on Resolution No. 96R- 46 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-46 duly passed and adopted. C1. 112: REPORT ON CLOSED SESSION ACTIONS: City Attorney Jack White stated that there are no actions to report. 20 CITY OF ANAHEIM CALIFORNIA COUNCIL MINUTES MARCH 26, '1996 C2. lf4: COUNCIL COMMENTS: Council Member Tait. An INS liaison Committee Meeting was held today and INS announced that they will start a 60-day Pilot Program in the City to ptace not one, but two INS Agents in the City jail. Although it was not the 180 days requested, it will be two agents. He thanked Council Member Zemel for initiating the proposal and the program and also to the Council for supporting the program, it will address 35% of the crime in Anaheim and will definitely make a difference. He also thanked those in the City's Congressional delogation who helped to get fire program approved. He recounted the fact that he and Council Member Zemel went to Washington, D.C. and spoke to the Representatives who were instrumental in getting this passed (Cox, Dornan, Klm, Royce, Rohrabacher, Representative Delahey from Ventura, Senator Diane Feinstein and Senator Al Simpson from Wyoming, Chairman of the INS Subcommittee). it is a big step forward. He again commended the Council for addressing the crime problem in Anaheim through this program. ADJOURNMENT: By general Council consent, the Council Meeting of March 26, 1996 was adjourned (7:13 P.M.). LEONO~ N. SOHL 21