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2001/03/06 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING MARCH 6, 2001 The City Council of the City of Anaheim met in regular session. PRESENT: Mayor Tom Daly, Council Members: Frank Feldhaus, Lucille Kring, Tom Tait and Shirley McCracken. STAFF PRESENT: City Manager Jim Ruth, City Attorney Jack White, City Clerk Sheryll Schroeder, Police Chief Roger Baker, Public Utilities General Manager Marcie Edwards, Zoning Division Manager Greg Hastings and Planning Director Joel Fick. A copy of the agenda for the meeting of the Anaheim City Council was posted on March 2, 2001, at the City Hall inside and outside bulletin boards. Mayor Daly called the regular meeting to order at 3:08 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. ADDITIONS/DELETIONS TO CLOSED SESSION: City Attorney Jack White announced that there was a need to agendize an additional Closed Session item and that the need arose after the posting of the agenda. The item was conference with legal counsel - anticipated litigation - initiation of litigation pursuant to Subdivision (c) of Section 54956.9: Number of potential cases: three. Mayor Daly moved to add the anticipated litigation item to the Closed Session agenda, seconded by Council Member Kring. Motion carried unanimously. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Closes Session items. Mayor Daly moved to recess to Closed Session, seconded by Council Member McCracken. Motion carried unanimously. The Council recessed to Closed Session at 3:10 P.M. 1. ANNUAL EMPLOYEE PERFORMANCE EVALUATIONS Title: City Attorney (2000-01 Work Plan) 2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representative: David Hill Employee organization: Anaheim Municipal Employees Association 3. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Hauk, et al. v. City of Anaheim, Orange County Superior Court Case No. 80-91-31. 4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8: ~--"""T-- -_.~,_._....-.._.....,.-......... ------'------- ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 6, 2001 PAGE 2 Property: Arrowhead Pond of Anaheim, 2695 E. Katella Avenue, Anaheim, California Agency negotiator: James D. Ruth Negotiating parties: City of Anaheim, Ogden Facility Management Corporation, and the Vancouver Grizzlies. Under negotiation: Terms of facility lease. 5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9: Number of potential cases: three. AFTER RECESS: Mayor Daly called the regular Council meeting of March 6, 2001, to order at 5:40 P.M. and welcomed those in attendance. INVOCATION: Ed Bartel, Sunkist Baptist Church FLAG SALUTE: Council Member McCracken. 119 PROCLAMATIONS AND DECLARATIONS: Mayor Daly and Council Members recognized L.E. (Slim) Terrell for his service on the Parks and Recreation Commission noted that both Slim and Jackie Terrell were at City hall as volunteers working on important city projects. Recognitions to be presented at a later date were a proclamation recognizing March 2001 as Colon Cancer Awareness Month in Anaheim and a certificate of recognition for Christopher B. Whorton for his service on the Parks and Recreation Commission. At 5:48 P.M., Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Anaheim Housing Authority meetings. Mayor Daly reconvened the City Council meeting at 5:53 P.M. ADDITIONSIDELETIONS TO THE AGENDA: There were no additions or deletions to the agenda. PUBLIC COMMENTS: Mayor Daly requested that comments on Item A 15, Section 4.30 of the Anaheim Municipal Code, be held until the Council arrived at that item and he then requested other public comments. A young man who lived at 100 W. Midway Drive, Space 241, Golden Skies Mobile Home Park, asked the Council Members if they could do anything to stop the management from harassing his mother and father and the Mayor responded that the topic had come up in recent weeks and that there appeared to be some tension between the tenants and the management of the mobile home park. He said he would ask the Police Chief or the City Manager to comment on the ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 6, 2001 PAGE 3 City's involvement in tenant/landlord disputes. The young man continued to inform the Council of some of the incidents at the mobile home park. James Robert Reade, 100 W. Midway Dr. Space #124, Golden Skies Mobile Home Park, alleged that the manager and her boyfriend had caused grief to the residents and he informed the Council of several incidents at the mobile home park. William Kott, 522 Dwyer Drive, spoke regarding the cable company and he asked the Council to look into another company when the next contract came up so that there would be some competition in the City and better service, He said also that he had not talked to anyone who was in favor of the Centerline project and said that there was an Amtrak train that went there already. Mr. Kott's third comment was that he would like to see water rates go down. Mayor Daly asked the City Manager's Office to forward a copy of the most recent cable review/evaluation to Mr. Kott as well as a copy of what the City, under federal law, mayor may not do to effect the operation of cable TV. He said that there was nothing to prevent other companies from coming in to serve Anaheim, they would just have to apply. David Viii, 2242 Della Lane, said that the voters of Anaheim wanted rapid transit and he was in favor of the Centerline project and that he believed that the citizens were tired of congested streets, gridlock and air pollution. He asked if the Council had an immediate alternative plan to light rail and said that it was long overdue and that similar systems had been highly successful in many metropolitan areas of the country. Mayor Daly asked the City Manager if he or the Police Chief would like to comment on the Golden Skies Mobile Home Park subject and City Manager Ruth commented that staff had been very much involved. He said that the Police Department had responded on numerous occasions, attempted to mediate and bring in outside mediation to assist with the problem. He said the Police Chief would give Council more specific information in terms of the City's relationship and what was attempted to resolve the problem. Mr. Ruth said that these were civil matters and the police were limited as to what they could do. Police Chief Roger Baker said that the Police Department had and continued to respond to calls for service at the Golden Skies Mobile Home Park, many of the calls received were tenant/landlord disputes. Where there had been allegations of criminal activity or criminal conduct, he informed the Police Department had investigated to the conclusion and taken appropriate action. He said that this was basically a landlord/tenant dispute Issue and the Police Department was trying to get to the root of the problem and get it resolved. The Police Department had been in touch with the attorneys involved and had made numerous suggestions to the attorneys for the tenants and management, including mediation. The Police Department had the ability to provide mediation service and he informed that they had offered that service and hoped that everyone would take the offer and work with the Police Department. Chief Baker said that the Department would remain close to the residents and respond to calls for service and that the Department would handle each issue as it came up and he believed that mediation was the best method. Council Member Feldhaus mentioned that there was a Fair Housing Council and that Mr. Reade may want to contact them for information. Chief Baker said that the Police Department would certainly work with Mr. Reade on that suggestion also. Mayor Daly moved to waive reading in full of all ordinances and resolutions, seconded by Council Member McCracken. Motion carried unanimously. ----.".. --,""----.,-~-...~--~--_. ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 6, 2001 PAGE 4 CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A12: On motion by Mayor Daly, seconded by Council Member McCracken, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar, except Item A7, which was continued to March 20, 2001. Mayor Daly offered Resolutions Nos. 2001 R- 55 through 2001 R-61, both inclusive, for adoption. Mayor Daly offered Ordinance No. 5755 for adoption. Motion carried unanimously. 105 156 A1. A2. 176 A3. 179 A4. 139 A5. 153 153 A6. Receive and file minutes of the Anaheim Redevelopment and Housing Commission meeting held February 7, 2001; the Anaheim Police Department Crime and Clearance Analysis for the month of January 2001 and minutes of the Public Utilities Board meeting held January 4, 2001. RESOLUTION NO. 2001 R-55 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and service easements and setting a date and time to consider the abandonment of a portion of Sequoia Street right of way, seven feet in width, lying adjacent to property locate at 2200 Sequoia Street (Abandonment No. 2000-25). (Suggested public hearing date: April 17, 2001, at 6:00 P.M.) ORDINANCE NO. 5755 (REVISED/ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the definitions of "hotel" and "motel" as set forth in Sections 18.01.090 and 18.01.140 of Title 1 of the Anaheim Municipal Code. (Introduced at the meeting of February 6, 2001, Item A 10; continued from the meeting of February 13, 2001, Item A18; revised introduction February 27, 2001, Item A12.) Oppose SB 116 (Kuehl) which would prohibit the construction of any public road through any property under the jurisdiction of the Department of Parks and Recreation. RESOLUTION NO. 2001 R-56 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 92R-17 adopting Personnel Rules applicable to employees in management, confidential and non-represented part-time classifications. RESOLUTION NO. 2001 R-57 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adjusting fates of compensation and establishing pay policies for classifications designated as confidential and superseding Resolution No. 98R-13 and amendments thereto. A7. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2000R-122 which established rates of compensation for job classifications designated as Executive Management. ...,... - -- RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolutions No. 2000R-123, 2000R-124 and 2000R-125 and 2000R-126 which established rates of compensation for job classifications designated as Administrative, Middle Management, Professional and Supervisory. ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 6, 2001 PAGE 5 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2000R-130 which established compensation policies for Executive, Administrative, Middle Management, Professional, Supervisory, Fire and Police Safety Management job classifications. Council Member Tait requested a continuance on Item A7 to the next meeting, seconded by Mayor Daly. Motion carried unanimously. 153 A8. RESOLUTION NO. 2001R-58 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM giving notice of its intention to approve an amendment to the contract between the Board of Administration of the California Public Employees' Retirement System and the City of Anaheim. ORDINANCE NO. 5757 (INTRODUCTION) AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM authorizing an amendment to the contract between the City of Anaheim and the Board of Administration of the California Public Employees' Retirement System. 153 A9. RESOLUTION NO. 2001 R-59 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 Clerical Employees Unit Represented by the Anaheim Municipal Employees Association. RESOLUTION NO. 2001 R-60 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 General Employees Unit represented by the Anaheim Municipal Employees Association. A 10. RESOLUTION NO. 2001 R-61 RESOLUTION OF THE CITY COUNCIL OF THE 175 CITY OF ANAHEIM amending rates, rules and regulations for the sale and distribution of electricity as adopted by Resolution No. 71 RA78 and most recently amended by Resolution No. 2000R-256. Council Member Tait requested a brief discussion by the Public Utilities Director on the reasons behind the request. Public Utility General Manager Marcie Edwards gave Council a brief overview. She said that in a number of town hall meetings over the last month, she discussed with the residents some of the notable changes in the electric industry overall, as well as the potential effects on Anaheim. The Utility Department also introduced the concept of the power cost adjustment and why the activation might be recommended to Council. The General Manager briefly summarized both the need for, and the facts behind, the power cost adjustment. She briefly clarified that a power cost adjustment factor allowed the utility to collect an additional amount from customers of the cost of wholesale power purchases when those purchases cost more on a wholesale basis than what was collected in utility retail rates. Anaheim either owned or had long term rights to about 80% of the electricity that their customers required and approximately 20% of those needs were met by buying energy on the wholesale market. The purchase of that 20% was projected to cost $19 million more than what the City was collecting, she said. That was the reason for '--.- <_.~-,._-_.~,.-...... . "~--"'~"- *-.- ._~" ,,<~_... '"" .._._._~_._~_.._,.__.,--"-------_.,_._---_.._-- ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 6, 2001 PAGE 6 asking for a power cost adjustment and that would result with the City's customers providing approximately $10 million of that $19 million expenditure for power, she noted. The General Manager explained that the average residential customer would see an increase of about $2.50 for a two month billing cycle or approximately $1.25 a month. After the program was implemented, the rates would still be 20% to 30%, and perhaps 40%. under surrounding areas. She advised the Council that lifeline use was exempt from the power cost adjustment and that every single Anaheim resident had lifeline usage on their bill. There were approximately 240 kilowatts per month allocated or 480 kilowatt hours for a two-month billing cycle, she said. The lifeline energy was not only exempt from the power cost adjustment but also charged on a significantly reduced rate. In addition, she said that all energy used by residents for life support equipment was also exempt. She explained that the reason why staff was asking for the power cost adjustment at this time was because the City could continue to draw upon utility cash reserves and in fact, the City had managed much of the industry's upheaval and high wholesale prices over the last year using cash reserves. However, she said, Utilities had experienced two large unplanned and unavoidable reductions in the City's firm generation supply thus far this year and had to go to the wholesale market and spend a significant amount of money to buy energy to cover those reductions. She said that unfortunately Utilities had experienced those generation supply losses after moving ahead with the 3% rate decrease. She expressed her concerned about going into the summer with minimal cash reserves on hand because in a volatile wholesale market, the amount that could be paid on a spot loss, meaning that if the City lost a generation supply during the summer months, it could easily amount to $4 to $5 million per week of that loss. The Public Utilities General Manager said she wanted to be able to enter the summer keeping the City's reserves high and that was the logic behind implementing the power cost adjustment factor. The intent was to keep the reserves up, she said and she informed the Council that she would continue the Town Hall meetings. She said that also for the last few days she had had a number of the customer calls referred directly to her office and had been talking to the residents so that they could keep the scope of the implications under control. She said that the majority of the residents who had called her and given her the amount of their bill would experience an increase in their bill in the 30% to 40% range per month of an overall bill increase. Council Member Tait asked the Public Utilities General Manager if she would return to Council with a request to decrease rates if wholesale prices stabilized and dropped in the future. She responded that the power cost adjustment allowed her to ask for those dollars if she was forced to pay inordinately high prices on the wholesale market. To the extent that they dropped, she could only use the dollars for that, she said. If she did not have that expenditure, the power cost adjustment would automatically drop and to the extent that there was any money left in that fund and there was no additional power cost to pay for. it automatically reversed direction and rebated the customer. Council Member McCracken noted that the City was owed millions of dollars from other agencies and she asked if it would make a difference in this adjustment as well if that money was paid and the Public Utilities General Manager said that it certainly could. She projected across the balance of the year and said that not being able to recoup those funds in short order effected cash flow. Over and above that, she said, there was an additional $19 million power expenditure. However, if those dollars came in and the utility did not experience an additional disruption or loss of supply across the summer months, she could sell more on the off hours, in addition to a number of factors that could reduce the need for the power cost adjustment. ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 6, 2001 PAGE 7 A 11. Approve and authorize the Public Utilities General Manager to execute a Planning 123 Agreement with Southern California Public Power Authority to allow the City to participate in the planning phase of the City of Burbank's proposed combined cycle generating unit addition at a cost not to exceed $1,500,000 and authorize the Public Utilities General Manager to expend up to $4,200,000 for the preconstruction costs for the City's share of the acquisition of the turbine in accordance with the terms of the Planning Agreement. Mayor Daly noted that Anaheim would spend well over $5 million in pre-construction costs and he commented that there was a staff report that detailed some of those costs. He asked for clarification on the staff report and asked that if the project did not happen or if the City decided to pullout, would the City get the $5 million back and Public Utilities General Manager Edwards said that that was correct. Mayor Daly asked Ms. Edwards when she expected to know if the project was a go or no go and she said that decision was expected approximately in October and it would be brought back to Council for approval. Mayor Daly believed that the recommendation to work with Burbank was a wonderful idea and was very timely. He asked for ongoing reports from the City Manager's Office to be brought to Council between now and October on the spend down of the $5 million. Mayor Daly asked what some of the opportunities were to spend less than $5.5 million and voiced his concerned that the projected ratio of City cost versus the overall project and pre-planning costs did not match up. Public Utilities General Manager Edwards said that the City was still in the process of evaluating either a 50 or 75 mega watt share of the project and there was some movement in terms of the planning costs. She said that was why the Public Utilities Department was asking for the authorization to sign subsequently and the costs may potentially be less, it was a not to exceed cost at this point. She added that in fact the costs could be capitalized in the overall financing for the project so it was not the implication to cash that it might appear. Mayor Daly asked if the City's share of the expenses would be $1 to $1.5 million and Ms. Edwards responded that that would be correct. That was actually a form of pre-construction costs and it was expected that all of the utilities would have to put in money toward the reservation of the turbine, which was the high dollar item in any development of a steam generating facility. The City needed to get in line for the generating facility and the push to develop was significant so those costs would be expended more up front. Mayor Daly asked if the licensing fees and environmental assessment accounted for over half of the total expenses and Ms. Edwards responded that she believed that it would be half of the 1.5 million portion and the subsequent dollars had to do with the turbine. She said that the Utility Department also had a number of other options that they would be bringing to Council but given the low growth of the current facility and the fact that this one was far enough along in terms of sighting and infrastructure, a lot of the roadblocks had passed. Mayor Daly requested that Public Utilities bring to Council a line item breakdown of how the $5.5 million dollars would be spent and he asked that, as part of the approval of the item, that Council receive periodic reports on the City's costs, since they were authorizing Utilities to spend that much money. _~_....__.._"....o..-,. ..___,___~_.~~., .....__.._ . .___~,_.~_~___~ ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 6, 2001 PAGE 8 General Manager Edwards responded affirmatively. Council Member McCracken asked what the advantage was to the City to be involved with the City of Burbank. Ms. Edwards responded there were a couple of noticeable advantages, the largest was that it was being built by a consortium of municipal agencies that had similar government structures, approval processes, tax and financing related issues so there was not the complexities of establishing public/private partnerships. Additionally, she noted, the site itself had an old de- commissioned unit on it so much of the advance work that needed to be done on site licensing was complete. In addition much of the water and infrastructure was already there, the operations personnel were already there, and it was substantially along in the timeline, she explained. It was physically located closer to Anaheim than many of the projects which were located in Utah or New Mexico area and there was a lessened amount of transmission risk in having lines come down or congestion cause the City to not be able to access their resources. 114 A12. Approve minutes of the Anaheim City Council meeting held February 27,2001. END OF CONSENT CALENDAR OFF CONSENT CALENDAR ITEMS 114 A 13. Nominate and appoint one Council Member to serve as Mayor Pro Tem for one year. (Continued from meetings of December 12, 2000, Item A32, December 19, 2000, Item A36, January 9, 2001, Item A27, January 23, 2001, Item A44, February 6, 2001, Item A 19, February 13, 2001, Item A22 and February 27, 2001, Item A22.) Mayor Daly noted that Council Member McCracken had been serving as Mayor Pro Tem for recent months and he nominated her to serve the remainder of the year as Mayor Pro Tem. Council Member Kring nominated Council Member Tait. Mayor Daly called for other nominations and hearing none, moved to close the nominations, seconded by Council Member McCracken. Motion carried unanimously. Roll call vote on the nomination of Council Member McCracken for Mayor Pro Tem; Ayes - 3; Council Members Feldhaus, McCracken, Mayor Daly. Noes - 1; Council Member Tail. Abstention - 1; Council Member Kring. Motion carried. Roll call vote on the nomination of Council Member Tait for Mayor Pro Tem; Ayes - 2; Council Members Kring and Tait. Noes - 2; Council Members Feldhaus, McCracken. Abstentions - 1; Mayor Daly. Mayor Daly announced that Council Member McCracken would continue to be the Mayor Pro Tem for the remainder of the year and that the item would then come up in it's usual sequence at the end of this year. --r'" ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 6, 2001 PAGE 9 105 A 14. Nominate and appoint a member to the Anaheim Housing and Redevelopment Commission to fill the unexpired term of Thomas Holguin, term to expire June 30, 2004. (Continued from the meetings of January 23, 2001, Item A42, February 6, 2001, Item A21, February 13, 2001, Item A24 and February 27, 2001, Item A24.) Mayor Daly called for nominations for the Anaheim Housing and Redevelopment Commission and Council member McCracken nominated Joseph Karaki. Council Member Kring nominated James Bandy. Mayor Daly nominated Lee Howard Council Member Tait nominated Bobby McDonald. Mayor Daly called for any other nominations and hearing none, he closed the nominations. Roll call vote on Joseph Karaki; Ayes - 1; Council Member McCracken. Noes - 1; Council Member Tait. Abstentions - 3; Council Members Feldhaus, Kring and Mayor Daly. Roll call vote on James Bandy; Ayes - 2; Council Members Feldhaus and Kring. Noes - 2; Council Members McCracken and Tait. Abstentions - 1; Mayor Daly. Roll call vote on Lee Howard; Ayes - 2;Council Member McCracken and Mayor Daly. Noes - 1; Council member Tait. Abstention - 2; Council Members Feldhaus and Kring. Roll cali vote on Bobby McDonald; Ayes - 3; Council Members Feldhaus, Kring and Tait. Noes - 1; Council Member McCracken. Abstentions - 1; Mayor Daly. Mayor Daly announced that Mr. Bobby McDonald was appointed to the Anaheim Housing and Redevelopment Commission and he thanked the other citizens for their willingness to serve. A15. Discussion requested by Council Member Tait at the February 27,2001 Council Meeting 142 regarding the repeal of Chapter 4.30 of the Anaheim Municipal Code regarding identification cards for certain employment activities. Council Member Tait informed that the item was brought to his attention by the hotel restaurant workers union. The purpose of the Code was to check ID's for individuals who worked in those industries and he said he believed it was unconstitutional. He said he did not understand the purpose, adding that he did not think there was a legitimate purpose behind it and for that reason he asked that the ordinance be repealed in it's entirety. Mayor Daly explained that procedure to adopt an ordinance. City Manager Ruth explained that staff had met as directed by Council to review the ordinance and absolutely agreed that there were several sections of the ordinance which were very problematic and staff felt that trying to salvage any portion of it was not appropriate and recommended unanimously that the entire ordinance be repealed. He noted that the City Attorney had prepared a substitute ordinance for introduction and staff supported that recommendation. .. - ..,... ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 6, 2001 PAGE 10 Council Member Tait moved for introduction and first reading of Ordinance No. 5758, seconded by Council Member Kring. ORDINANCE NO. 5758 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM repealing Chapter 4.30 of Title 4 of the Anaheim Municipal Code relating to identification cards. Mayor Daly explained that the final vote would be at the next meeting, March 20, 2001. He clarified that it was state law that mandated that ordinances were not effective until 30 days but noted that since last Tuesday the ordinance had not been enforced at the direction of the Council. He said there were a number of citizens who filled out speaker cards and wanted to speak on the item and he welcomed them to the meeting. Mary Ann Mahoney stated that on behalf of the thousand or so other members, who could not be in attendance, they wished to voice their appreciation for the expedited manner in researching the issue. She said by acting on the matter so promptly it sent a message to the workers in the community that the City did appreciate their part in making Anaheim what it was. Arlene Mejia noted she had received a citation about three years ago for not having an ID card and she asked if there was a process to remove it from her record. She also asked if there were any plans to purge the records of the fingerprints, photos and original applications. City Attorney White responded that they would be in contact with the speaker. Council Member McCracken noted that the City Attorney had been instructed to review all ordinances, noting that the City was almost 150 years old and ordinances placed on the books had not been reviewed. Items 81 throuQh B6 From the PlanninQ Commission MeetinQ of February 12. 2001: (No action necessary unless Council desires to set a particular item for public hearing.) APPEAL PERIOD ENDS MARCH 6, 2001: Mayor Daly asked Planning Director Fick if the actions of the Planning Commission were consistent with the department's recommendations and Mr. Fick responded that they were. No items were set for hearing. 179 B1. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2910 AND NEGATIVE DECLARATION: OWNER: Asmail and Mahin Rastegari, Attn: Mahin Sophia Rastegari, P. O. Box 3465, Fullerton, CA 92834 LOCATION: 1108 North Acacia Street. Property is 0.34 acre located on the east side of Acacia Street, 525 feet south of the centerline of Romneya Drive (Montessori Child Care Center). To permit an expansion and increase in enrollment of an existing preSChool facility with waiver of (a) institutional setback adjacent to a residential zone (de/eted), (b) minimum number of parking spaces and (c) permitted encroachments into required yards. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 2910 denied (PC2001-20) (6 yes votes, Commissioner Bostwick absent). Denied waiver of code requirement. Approved Negative Declaration. . --, .c ----or-.- --_ ---- _, --_. _c .. _ __ ,c ______c",____ ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 6, 2001 PAGE 11 179 B2. 179 B3. 179 VARIANCE NO. 2000-04404. CATEGORICALLY EXEMPT-CLASS 11: OWNER: Watt Commercial Companies Inc., 2716 Ocean Park Boulevard, #3040, Santa Monica, CA 90405-5218 AGENT: San Pedro Electric Sign Company, 701 Lakme Avenue, Wilmington, CA 90744 LOCATION: 5729-5799 East La Palma Avenue. Property is 9.9 acres located north and east of the northeast corner of Imperial Highway and La Palma Avenue (Canyon Village Plaza). Waiver of prohibited signs to construct roof-mounted signs on a new parapet building wall. ACTION TAKEN BY THE PLANNING COMMISSION: Withdrawn by the applicant. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2000-04289 AND NEGATIVE DECLARATION: OWNER: Sanwa Bank, Attn: Stan Olson, 601 South Figueroa Street, W11-4, Los Angeles, CA 90017 AGENT: West Coast Islamic Society, Attn: Abdel-Jabbar Hawdan, 708 North Valley Street, #T, Anaheim, CA 92801 LOCATION: 1717 South Brookhurst Street. Property is 1.97 acres located at the southwest corner of Crestwood Lane and Brookhurst Street. To permit a religious and cultural education center with waiver of (a) required setback for institutional uses adjacent to residential zones (deleted), and (b) minimum number of parking spaces (deleted), ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 2000-04289 granted in part, without a time limitation (PC2001-21) ((6 yes votes, Commissioner Bostwick absent). Denied waiver of code requirement. Approved Negative Declaration. 84. VARIANCE NO. 447. CATEGORICALLY EXEMPT - CLASS 1: OWNER: Cesar Gonzales and Wayne Cheung, 300 South East Street, Anaheim, CA 92805 AGENT: Steven Lazerson, 13854 East Whittier Blvd. Whittier, CA 90605 LOCATION: 300 South East Street and 1200 East Broadwav. Property is 0.44 acre located at the southeast corner of Broadway and East Street (Anaheim Service Station). Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (to expire on March 16, 2001) to retain an existing gasoline service station. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement of Variance 447 for three years, to expire March 16, 2004, to retain an existing gasoline service station with accessory automotive repair (PC2001-22) (6 yes votes, Commissioner Bostwick absent). REPORT AND RECOMMENDATION ITEMS: B5. CONDITIONAL USE PERMIT NO. 4100 179 REQUEST FOR RETROACTIVE EXTENSION OF TIME AND OF FINAL LANDSCAPE PLANS AND NEGATIVE DECLARATION: ,.._....e.._..~-"""'!r'"""..._,._.. ~--~~_...._" 179 170 179 ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 6, 2001 PAGE 12 Mark Schidler, 20880 Little Canyon Lane, Yorba Linda, CA 92886, requests a retroactive extension of time to comply with conditions of approval and review and approval of final landscape plans for a service station and auto care complex. Property is located at 905- 985 North Weir Canyon Road. ACTION TAKEN BY THE PLANNING COMMISSION: Approved retroactive extension of time to expire August 16, 2002, and approved final landscape plans (6 yes votes, Commissioner Bostwick absent). B6. CODE AMENDMENT NO. (ZCA) 2001-00008 CATEGORICALLY EXEMPT - SECTION 15061 (bH3): City-initiated (Planning Department), 200 South Anaheim Boulevard, Anaheim, CA 92805, City-initiated amendment to Sections 18.01.090 and 18.01.140 of the Anaheim Municipal Code pertaining to definitions of "hotel" and "motel". ACTION TAKEN BY THE PLANNING COMMISSION: Recommended an ordinance amending Sections 18.01.090 and 18.01.140 of the Anaheim Municipal Code pertaining to definitions of "hotel" and "motel" with the revisions recommended by the Commission. Item B7 From the Plannina Commission Meetina of Februarv 26. 2001: (No action necessary unless Council desires to set a particular item for public hearing.) APPEAL PERIOD ENDS MARCH 8, 2001: B7. TENTATIVE TRACT MAP NO. 14429 AND MITIGATED NEGATIVE DECLARATION: OWNER: Edand Linda Stern; Gary F. and Donna Lee Lyons; Fred and Lorio Glastetter, Christa Glastetter; A.C. Plastering, Inc.; Gemini Plastering Co. Inc.; 617 South Brichleaf Drive, Anaheim, CA 92804 AGENT: Henning Way, LLC, Attn: Thom Falcon, 1124 Main Street, Suite D, Irvine, CA 92614 LOCATION: 300 block of Henninq Way. Property is approximately 8.4 acres located on the west side of Henning Way, 350 feet southwest of the centerline of Quintana Drive. Request amendment or deletion of conditions of approval pertaining to required private street improvements for a previously-approved 6-lot single-family residential subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Amended conditions of approval for Tentative Tract Map No. 14429. Mitigated Negative Declaration previously approved. Items B8 throuah B13 From the Zonina Administrator Meetina of Februarv 22. 2001: (No action necessary unless Council desires to set a particular item for public hearing.) APPEAL PERIOD ENDS MARCH 7, 2001: B8. ADMINISTRATIVE ADJUSTMENT NO. 2001-00209 CATEGORICALLY EXEMPT - CLASS 3: OWNER: Jose R. Ortiz, 1307 W. Beacon Ave. Anaheim, Ca. 92802 LOCATION: 1307 West Beacon Avenue: Property is 0.15 acre, having a frontage of 60 feet on the north side of Beacon Avenue, having a maximum depth of 110 feet, located 440 feet west of the centerline of Walnut Street. Waiver of maximum fence height (3 feet high permitted; 4 feet high proposed) to retain an existing four (4) foot high masonry and brick fence within the residential ...,... 179 179 179 179 ~~~---,-.- -- ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 6, 2001 PAGE 13 front yard setback of a single- family residence in the RS-7200 (Residential, Single-Family) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 2001-00209 approved (ZA DECISION NO. 2001-8). 89. SPECIAL CIRCUMSTANCES WAIVER NO. 2001-00009 CATEGORICALLY EXEMPTION - CLASS 11: OWNER: Walt Disney World Corporation, 1375 Buena Vista Drive, Lake Buena Vista, Florida 32830 AGENT: Walt Disney Imagineering, John Graves, 888 South Disneyland Drive, Anaheim, CA 92802 LOCATION: The Disneyland Resort Specific Plan No. 92-1 Parking District (West Parking Area) and Hotel District setback areas adjacent to the north and south sides of Magic Way between Walnut Street to the west and Disneyland Drive to the east. The Walt Disney World Company has submitted a request for approval of a Special Circumstances Waiver to permit the issuance of nine Special Event Permits, in addition to the four permitted by Code, for a total of thirteen Special Event Permits during the 2001 Calendar year to, allow pedestrian directional signs to be located in the setback areas adjacent to the north and south sides of Magic Way from March 16, 2001 through June 5, 2001. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Special Circumstances Waiver No. 2001-00009 approved. B10. SPECIAL CIRCUMSTANCES WAIVER NO. 2001-00006 CATEGORICALLY EXEMPT - CLASS 11: OWNER: MILLS FORD, AUn: Joseph Perri, General Sales Manager, 1600 West Lincoln Avenue, Anaheim, CA. 92803 LOCATION: 1600 West Lincoln Avenue: Property is 5.22 acres, located at the southwest corner of Lincoln Avenue and Loara Street. Request for a special circumstances waiver to retain nineteen (19) pageantry style banners mounted on light poles in conjunction with an automobile dealership. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Special Circumstances Waiver No. 2001-00006 denied. B11. ADMINISTRATIVE ADJUSTMENT NO. 2000-00206 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Richard W. and Marjorie J. Hudson, 226 S. Nutwood Street, Anaheim, CA. 92804 LOCATION: 226 South Nutwood Street: Property is 0.14 acre, having a frontage of 60 feet on the east side of Nutwood Street, having a maximum depth of 101 feet, located 260 feet north of the centerline of Victoria Avenue. Waiver of minimum rear yard setback (10 feet required; 9 feet proposed) to permit and retain an unpermitted habitable sunroom in the rear of an existing single-family residence in the RS-7200 (Residential, Single-Family) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 2001-00206 approved (ZA DECISION NO. 2001-9). B12. ADMINISTRATIVE ADJUSTMENT NO. 2000-00204 CATEGORICALLY EXEMPT - CLASS 3: OWNER: Jorge P. and Maria G. Gonzalez, 616 S. Arden Street, Anaheim, Ca. 92802. ._--------~~"' _..._-~--.__...._---_..,~.__...,_., -.'-'~',~----_,_. ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 6, 2001 PAGE 14 LOCATION: 616 South Arden Street: Property is 0.14 acre, having a frontage of 63 feet on the east side of Arden Street and a maximum of 101 feet located 290 feet north of the centerline of Alomar Avenue. Waiver of maximum fence height (3 feet high permitted; 6 feet high proposed) to permit and retain a 6-foot high combination wrought iron and block wall fence within the required front yard setback of a single-family residence in the RS-7200 (Residential, Single-Family) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 2001-00204 denied (ZA DECISION NO. 2001-10). 179 B13. ADMINISTRATIVE ADJUSTMENT NO. 2000-00205 CATEGORICALLY EXEMPT - CLASS 3: OWNER: Domingo and Maria Carpio, 540 S. Wayside Street, Anaheim, CA. 92805 LOCATION: 540 South Wavside Street: Property is 0.17 acre, having a frontage of 70 feet on the east side of Wayside Street and a maximum of 107 feet located 140 feet south of the centerline of Alpha Lane. Waiver of maximum fence height (3 feet high permitted; 5 feet high proposed) to permit a 5-foot high combination wrought iron and block wall fence within the required front yard setback of a single-family residence in the RS-7200 (Residential, Single-Family) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 2001-00205 approved (ZA DECISION NO. 2001-11). END OF THE ZONING ADMINISTRATOR ITEMS 6:00 P.M. PUBLIC HEARING: C1. CONTINUED PUBLIC HEARING SPECIMEN TREE REMOVAL PERMIT NO. 000-00005 179 AND MITIGATED NEGATIVE DECLARATION: OWNER: Ed and Linda Stern; Gary and Donna Lee Lyons; et aI., Attn: Lori Glastetter, 617 South Birchleaf Drive, Anaheim, CA 92804 AGENT: La Quinta Development. Attn: Thom Falcon. 1124 Main Street, Suite D, Irvine, CA 92614 LOCATION: 300 block of Henninq Way. Property is 8.4 acres located on the west side of Henning Way, 350 feet southwest of the centerline of Quintana Drive. To permit the removal of 28 specimen trees. ACTION TAKEN BY PLANNING COMMISSION: Specimen Tree Removal Permit No. 2000-00005 approved. Mitigated Negative Declaration approved. Informational item at meeting of December 12, 2000, Item B5. Letter of appeal submitted by Gerald Bushore. (Continued from February 6, 2001 Council Meeting) Mayor Daly asked for an update on the recent discussions regarding the proposed removal of the large trees. "'~"."~--"".~'^'" ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 6, 2001 PAGE 15 Mr. Fick reported that after the Council last saw the request, it returned to the Planning Commission. He said there were a number of meetings with the residential community and staff and he was happy to report that everything had been worked out. At the Planning Commission meeting, the conditions were changed with give and take from both sides. Mayor Daly clarified that the staff recommendation was to uphold the Planning Commission action and Mr. Fick answered yes. At this point, Mayor Daly re-opened the public hearing. Gerald Bushore, the appellant, said he was in attendance to withdraw his appeal, noting that the developer had worked with the neighborhood to resolve the issues. Hearing no further testimony, Mayor Daly closed the public hearing. Mayor Daly moved to approve the CEQA finding, Mitigated Negative Declaration, seconded by Council Member McCracken, motion carried unanimously. Mayor Daly moved accept the Planning Commission's recommendation for Specimen Tree Removal Permit No. 000-00005, seconded by Council Member McCracken. Motion carried unanimously. Report on Closed Session Actions: City Attorney Jack White reported that there were two items to be announced that were acted upon in Closed Session. He explained the Council waived potential conflict of interests with Rutan and Tucker to represent the City in connection with an eminent domain matter at 1680 West Lincoln and also with an issue with the Orange County Sanitation District relating to the relocation costs of a sewer line in Ball Road. He also reported the Council waived potential conflict with the firm of Woodruff, Spradlin and Smart on the same issue and the vote was all ayes on both issues. Mayor Daly noted the culmination of the review process for the four Council appointed management employees and moved a 3% merit increase for all four of the employees. Council Member Tait seconded the motion. The vote was 3 ayes; Council Members Tait, Feldhaus and Mayor Daly. Two noes; Council Members McCracken and Kring. Motion carried. Mayor Daly said he wished to adgendize for the next meeting, the Council Policy Item 10.0 adopted a few years ago involving the management pay increase Council Communications: Council Members expressed their sympathy to Catherine Simon at the loss of her husband, Larry Simon, citing the tremendous asset both had been to the community. All Council Members expressed a desire to adjourn the meeting in Larry Simon's memory. . .--.---.-."" ------'."-,...--- --.~--'----'''"._--",---, ANAHEIM CITY COUNCIL MEETING MINUTES MARCH 6, 2001 PAGE 16 Council Member Kring requested that staff create a procedure to include a meeting or interview by the Council and staff for members of the public interested in serving on Boards and Commissions. Mayor Daly said that for the next Closed Session he wished to add the employee performance evaluations, possibly starting earlier depending on the Closed Session schedule. Adjournment: There being no further business to come before the City Council, Mayor Daly adjourned the meeting at 7:09 P.M. in memory of Larry Simon. Respectfully submitted: Sheryll Schroeder, CMC/AAE City Clerk