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2001/04/24 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING APRIL 24,2001 The City Council of the City of Anaheim met in regular session. PRESENT: Mayor Tom Daly, Council Members Shirley McCracken, Frank Feldhaus, Tom Tait and Lucille Kring. STAFF PRESENT: City Manager Jim Ruth, City Attorney Jack White, City Clerk Sheryll Schroeder, Joel Fick, Gary Johnson, John Lower, Natalie Meeks, Greg Hastings. A copy of the agenda for the meeting of the Anaheim City Council was posted on April 20, 2001, at the north entrance and east entrance to City Hall and on the window outside of the Council Chambers. Mayor Daly called the regular meeting to order at 3:14 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. WORKSHOP: City Manager Jim Ruth introduced Dr. Jerry Hunter, Chancellor, North Orange County Community College District. He briefed the Council the on the reuse of the former Martin Luther King Hospital site to a higher education complex and introduced his staff and public information coordinator. A power point presentation was given by Jerry McGuire, pro-host of schools, who stated that the North Orange County Community College District had been waiting for an opportunity to serve the City. He said that there were a large number of classes that needed more space. The Martin Luther King Hospitai site was the best place for an educational complex, he noted, as far as square footage and adequate parking and it was adjacent to bus systems and freeway access. The individually structured educational programs could be started at any time throughout the year by students at their convenience, he said. In response to Council Member Kring, Mr. McGuire said that the retrofit of the Martin Luther King Hospital site to the educational center would require major structural work and be in the $1 million range. He said that the site would be finished in August, 2002. Council Member McCracken commented that higher education use was great and was an element to attract business and industry to the City. She said that the building was twice the size of what the North Orange County Community College District needed and they were seeking tenants to share the facility with them. Council Member Tait asked if the Community College District was saving money by using the existing building and Mr. McGuire responded that they would save millions of dollars and all types of people would benefit. Council Member Kring noted that the City was considering expanding the library and asked about the possibility of locating a library at the facility and including a nursing program. Mr. McGuire said that the need was there and that the District would consider that possibility. City Manager Ruth concluded the workshop. ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 24, 2001 PAGE 2 ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS - CLOSED SESSION: None At 3:40 P.M. Mayor Daly moved to recess to Closed Session, seconded by Council Member McCracken. Motion carried unanimously. 1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Agency designated representative: David Hill Employee organization: Anaheim Fire Association 2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Agency designated representative: David Hill Employee organization: Unrepresented Management Employees 3. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Kord Group v. The Fieldstone Company, et aI., Orange County Superior Court Case No. 76-32-58. 4. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Vista Media Group, Inc. v. City of Anaheim et aI., Orange County Superior Court Cases Nos. 81-40-50 and 00CC08157. 5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION -Initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code: one potential case. Invocation: Roger Stahlhut, Calvary Chapel Open Door FlaQ Salute: Council Member McCracken Presentations: Week. Proclaiming April 23 - April 27, 2001, as Tree Appreciation and Planting RecoQnitions: Recognizing Soka University of America Proclaiming April 27, 2001, as Polio Plus Day. Recognizing Father Adam McCoy of St. Michael's Episcopal Church Proclaiming April 27 - 29, 2001, as Volunteer Connection Days. ADDITIONS/DELETIONS TO THE AGENDA: None. PUBLIC COMMENTS: -. - "'""'T"" - -'--------'. ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 24, 2001 PAGE 3 Cathy Wright, 5815 E. La Palma, Space 144, thanked the Public Works/Engineering staff for their help in connection with the Friendly Village Mobile Home Park. Barbara Coe, Chairperson of the California Coalition for Immigration Reform, spoke in favor of keeping the INS officer at the Police Department. Evelyn Miller, Orange County, spoke in favor of keeping the INS officer at the Police Department. Elaine Proko, 222 W. Bluebell Avenue, spoke in favor of keeping the INS officer at the Police Department. Michael Hitchens, Garden Grove, spoke in favor of keeping the INS officer at the Police Department. David Kendrick, Buena Park, spoke in favor of keeping the INS officer at the Police Department. Joanalee Antos Burr, spoke about the proliferation of massage parlors on Brookhurst St. Judy Johnston, spoke about the drug/sober living house problem in her neighborhood which is across the street from Loara High School. Robert Luna, spoke in opposition to the California Coalition for Immigration Reform. Larry Schoten, 250 South Rose Dr., Space 96, Placentia, spoke about the noise problem from the train whistles and he asked what the City was doing about it. Mayor Daly responded to Mr. Schoten that the Council had asked the City Manager and his staff to work with the City of Placentia and to support that City's effort to curtail the noise problem. He also said that the City was working with the City of Placentia on a plan to lower the train tracks through that section of the city. Steven Eichler, Anaheim, spoke in support of keeping the INS officer in the Police Department and to increase the Police budget. AI Manguin, Orange County, spoke in support of keeping the INS officer in the Police Department. Sheila King, representing Parkwood Village Apartments. spoke on the concerns of the residents pertaining to Item A22, an ordinance regarding Specific Plan Adjustment Nos. 3 and 4. Mary Grande, 601 North ESt., Anaheim. spoke on immigration problems. Jaime Martinez, Azusa, spoke in favor of immigrants. ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 24, 2001 PAGE 4 CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A31: 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. Items A7, A11 and A24 were continued to May 1, 2001, and item A23 was approved as amended. Council Member Tait voted no on Items A26, A30 and A31. 118 A 1. Reject certain claims filed against the City. 117 105 169 175 106 106 107 A2. Receive and file Investment Portfolio Report for March 2001 as submitted by the City Treasurer and minutes of the Library Board dated March 1, 2001. A3. Award the contract to the lowest responsible bidder, All American Asphalt, in the amount of $181 ,823.85 and approve the Escrow Agreement pertaining to contract retention's and authorize the Finance Director to execute the agreement. 158 A4. Approve and authorize the Mayor and City Clerk to execute the Right-of-Entry Agreement for the northwest corner of Euclid Street and Lincoln Avenue for the Euclid Street and Lincoln Avenue Project. A5. Award the contract to the lowest responsible bidder, Valverde Construction, Inc., in the amount of $95,350 and approve and authorize the Finance Director to execute the Escrow Agreement for construction of Pressure Regulating Station #64. A6. Approve the proposed budget schedule and set public hearings for June 5, 12, and 19, 2001 at 2:00 p.m. for Fiscal Year 2001/02 budget hearings. A7. Increase Risk Management Budget for Fiscal Year 2000/01 expense by $740,000 for workers compensation and permanent light duty employee programs. Mayor Daly moved, seconded by Council Member McCracken, to continue Item A7 to May 1, 2001. Motion carried unanimously. 106 A8. Decrease expenses by $11,977,563 in the Finance Department Budget for Fiscal Year 2000/01 regarding the Anaheim Resort bond debt. Increase revenues and expenses for listed departments to conform to the GASB Statement No. 34 policy on charges for service provided by one department to another. A9. Terminate the contract of Sedcon Engineers, Contractors, Inc. and direct staff to coordinate and expedite the completion of the project with the bonding company, National Fire Insurance Company of Hartford. 139 A10. Oppose National Fire Protection Association 1710 Standards, a national staffing and response time standard sponsored by the NFPA, and support SB 1114 regarding local sales and use taxes: concrete: point of sale. 123 A 11. Waive Council Policy 401 and approve a one-year Agreement with Bret Colson and Associates for the continued production of public education materials in an amount not to exceed $54,000 and authorize the City Manager to execute the agreement. ......,.. 123 153 123 123 123 123 ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 24, 2001 PAGE 5 Mayor Daly moved, seconded by Council Member McCracken, to continue ItemA11 to May 1, 2001, and requested the City Manager report back on total cost of annual report. Motion carried unanimously. A 12. Authorize the City's Representative to the Metro Cities Fire Authority Board to approve the Signal Peak License Agreement and future License Agreements between the County of Orange and the Authority for communications equipment installed at the Signal Peak Communications Facility. A 13. RESOLUTION NO. 2001 R-99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM recognizing city empioyees in the classifications of detention facilities manager, bailiff, senior detention officer and detention officer as correctional officers and designating these personnel as peace officers, subject to certain conditions. A14. Approve an appropriation increase of $246,394 to the Convention, Sports and 106 Entertainment Department's Fiscal Year 2000/01 budget which represent the City's anticipated reimbursement to the Anaheim/Orange County Visitor and Convention Bureau. A 15. Approve Agreements with the Centralia, Magnolia, Anaheim Union High School and Anaheim City School Districts to provide Park Ranger patrols of school facilities. A16. Approve an agreement with Walt Disney World Company to maintain Disneyland Drive public improvements and setback areas, landscaping and hardscape to bridge the period of time for construction completion to award a competitive bid for landscape contract(s). A17. Approve and authorize the Mayor and City Clerk to execute the agreement with Southern California Edison Company for replacement of overhead electricai faciiities with underground electrical facilities within Underground District No. 41, La Palma Avenuellmperial Highway. 123 A 18. Authorize the Public Utilities Manager to execute an Agreement between the City and Westport Research, Incorporated to provide an advanced generator system for the purpose of research, development and demonstration and related documents for a total cost not to exceed $710,000 (plus tax) and to take such actions as are necessary to implement and administer the Agreement. Authorize the Public Utilities General Manager to execute an Amendment to an Agreement dated December 12, 2000, between the City and Mullen and Associates, Incorporated to increase the scope of engineering services to provide construction drawings for the Westport generator at an increased cost of $47,000 and to take such actions as are necessary to implement and administer the Agreement. Authorize the Public Utilities General Manager to execute an Agreement with Cummins Cal Pacific for maintenance services in accordance with the terms of the annual maintenance services Agreement and related documents for a total cost not to exceed $31,050 per year and to take such actions as are necessary to implement and administer the Agreement. A19. Approve and authorize the Public Utilities General Manager to execute Amendment NO.2 to the Power Sale Agreement between Deseret Generation & Transmission Co- --------y---- -----------... ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 24, 2001 PAGE 6 operative and the City and to take such actions as are necessary to administer and implement the Amended Power Sale Agreement with Deseret. 123 A20. Approve a Joint Trench Agreement with Adelphia Communication Corporation to permit joint trenching and to share construction cost for the Underground District No. 36-2, Lincoln Avenue Phase 2. 123 179 A21. Waive the sealed bidding and advertising requirement of Council Policy 306 and approve and authorize the Public Utilities General Manager to execute a two-year agreement for credit services between Equifax Credit Information Services, Inc. and the City at an estimated cost of $44,400 and a two-year agreement for the California Utility Exchange between Equifax and the City at a cost of $23,980, and take any and all actions necessary to implement the Agreements. A22. ORDINANCE NO. 5768 (INTRODUCTION) AN ORDINANCE OF THE CITY 179 COUNCIL OF THE CITY OF ANAHEIM amending Ordinance No. 5378, as previously amended, relating to Specific Plan Adjustment NO.4 to the Disneyland Resort Specific Plan No. 92-1 (Chapter 78.78 of the Anaheim Municipal Code) Planning Director Joel Fick said that this item specifically pertained to directional signs along Magic Way and the signs were consistent and compatible with other signage in the Resort Area. A23. ORDINANCE NO. 5769 (INTRODUCTION) AN ORDINACE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Specific Plan Adjustment NO.3 to the Anaheim Resort Specific Plan No. 92-2, amending Ordinance No. 5453, as previously amended, amending zoning and development standards set forth in Chapter 18.48 of Title 18 of the Anaheim Municipal Code. Planning Director Joel Fick commented that the City code currently permited applicants to apply for temporary parking lots for a one-year time period. He said this ordinance would allow for an applicant who had a temporary parking lot to request one-year increments, up to five years. He said it was consistent with requirements in the Disneyland Resort Specific Plan as well. He also said that this particular issue was the subject of a grading hearing on May 7, 2001. Mayor Daly asked if that hearing would be the best place to bring up environmental issues and Planning Director Fick said that this ordinance was categorically exempt because of the fact that it was just an ordinance change of a specific plan in and unto itself. He said that an environmental review was required with any grading permit and that there would be a more detailed discussion. Mayor Daly said he understood the logic of giving the authority to renew the annual permit up to a total of five years. This was a large piece of land and he asked if staff had given any thought to having this item reviewed by the Planning Commission because there seemed to be some policy issues. Planning Director Fick said that the annual renewal could be reviewed at any level the Council desired. He said that the current structure of the second reading was that the Traffic and Transportation Manager had the authority. Mayor Daly asked who the permitting authority would be and Planning Director Fick said that it would be under the authority of the Traffic and Transportation Manager. ."'T ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 24, 2001 PAGE 7 Mayor Daly first asked the neighbors of the property if they had seen the staff report and he then suggested that in addition to review by the Traffic and Transportation Manager, the City Manager also be responsible for the review and renewal. Council Member Feldhaus agreed with Mayor Daly and suggested Council review. He stated that the reason he was asking for a Council review was that if the neighbors could not be satisfied, the Council was their last resort. Council Member Tait asked if there was an appeal process to the Councilor if it was the Traffic Engineer's decision. City Attorney, Jack White, said that there was no specific wording in the ordinance that addressed the process. He said it had been the Council's practice, when there had been a staff review, that the Council was amenable to examining requests from citizens but there is nothing specifically written in the ordinance. Council Member Tait asked if the ordinance would need to be changed to permit the Council to review it and City Attorney White responded that if the desire was to have Council review, the ordinance would need to be revised and brought back again for first reading and adoption. He said if, however, the Council was comfortable with the Mayor's suggestion of the City Manager to be involved in the review, then the direction could be administratively given to the City Manager. He said if Council wished to have an appeal right, then it would take an amendment to the ordinance. Mayor Daly suggested a third alternative, which was to go to the Planning Commission and City Attorney White said this would also take an amendment to the ordinance. Council Member Kring commented that if it was kept in the City Manager's realm of responsibility then there would be continuity. Council Member Feldhaus said he wanted to provide Council as the court of last resort. Council Member Kring said that there was the option of renewing the ordinance and that it may not be needed for the whole five years and City Attorney White answered that the ordinance provided the framework where the request could be made on an annual basis. Council Member Kring commented that there was nothing in the ordinance to inherently say that there was an automatic renewal. Mayor Daly asked if all the environmental issues would be on the table at the grading meeting. Civil Engineer, Natalie Meeks, explained that the grading hearing would primarily address the grading and draining issues of the site. She said the land use issues were per the current zoning, and that the Public Works Department was having a report prepared by Disney to confirm that all impacts, including traffic, lighting and noise, were covered in the previous environmental impact report. Mayor Daly asked if the information would be available prior to the grading hearing and Ms. Meeks said that she would be getting a draft that week. Mayor Daly asked what the value of the report was if there was no follow-up decision based on that report and Ms. Meeks responded that if the report identified environmental impacts of their ............. ---,,---- ,._-_.....~~.,' ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 24, 2001 PAGE 8 proposal that were not adequately addressed in the previous environmental report, then the City would require an additional environmental review. Mayor Daly asked if the information would be factored into the review by the administrative staff and Ms. Meeks answered that it would. He then asked if it was not for the grading hearing, was it for the other annual review that would take place and Civil Engineer Meeks answered that the permit would actually be a grading permit and an administrative approval of the land use. Council Member McCracken asked if the ordinance was for one particular site in the Resort but would allow temporary parking in other areas like motels and the City Attorney responded that this would be an amendment in this area. He said that under the current ordinance, someone could make that request on a one-year basis. The City Attorney said that the ordinance allowed a longer time period than that. Mayor Daly suggested that the City Manager be added to the review process, and the language would be subject to review and approval of the City Traffic and Transportation Manager. Mayor Daly moved to amend Item A23, seconded by Council Member Kring. Motion carried unanimously. Interested citizens were instructed by Mayor Daly to contact Natalie Meeks for a copy of the report. A24. Increase the Fire Department's expenditure appropriations by $500,000 for Fiscal Year 2000/01. 106 Mayor Daly moved, seconded by Council Member McCracken, to continue Item A24 to May 1, 2001. Motion carried unanimously. A25. Approve the Disneyland Paramedic Service Agreement and adjust the Fire Department's Fiscal Year budget by $410,494. 123 Council Members Tait and McCracken expressed their appreciation of the efforts of the Fire Department and Disney. Mayor Daly noted that Disney would fund every dollar of additional cost to the City. Council Member Kring said that having the paramedics at Disneyland had already proven to be effective because paramedics had recently saved a life at Disneyland. 114 A26. ORDINANCE NO. 5770 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM relating to the compensation of members of the City Council. Council Member Tait voted no on Item A26. Council Member McCracken explained that there has been no increase in compensation for Council Members in ten years. She said she had completed some calculations and the increase in the cost of living over those ten years had been between 25% to 26%. She also said she would like to amend the ordinance to offer a $250.00 a month increase instead of a $500.00 a month increase. . -~ ----r ~. -,-----""""-~-. ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 24, 2001 PAGE 9 179 A27. ORDINANCE NO. 5761 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM approving Specific Plan No. 94-1, amending Ordinance No. 5517, as previously amended and amending Section 18.110.110 of Chapter 18.110 of Title 18 of the Anaheim Municipal Code relating to Development Area 6 (asphalt and concrete processing facilities). (Introduced April 17, 2001, Item A30). ORDINANCE NO. 5762 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Title 18 to rezone property under Reclassification No. 99-00-15(3) located at 1460 South Douglass Road from the CO zone to the CO (SE) zone. (Introduced April 17, 2001, Item A30). 179 A28. ORDINANCE NO. 5763 (ADOPTION) Amending Title 18 to rezone property under Reclassification No. 99-00-11 located at 511 North Brookhurst Street from the RS-A-43, 000 zone to the CL zone. (Introduced April 17, 2001, Item A44). 179 A29. ORDINANCE NO. 5764 (ADOPTION) Amending Title 18 to rezone property under Reclassification No. 2000-00040 located at 131 South Harding Avenue from the RS-7200 zone to the RS-5000 zone. (Introduced April 17, 2001, Item A45). 173 A30. ORDINANCE NO. 5765 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adding a new Chapter 4.73 to Title 4 of the Anaheim Municipal Code relating to taxicab franchises. (Introduced April 17, 2001, Item A48). Council Member Tait voted no on Item A30. Council Member McCracken said she did not have any difficulty with the franchise but she had difficulty with two systems trying to operate over five years. She said that she understood the City had recent court decisions, but there was some conflict in trying to transfer from one system to another. She believed that the City needed to transfer to one system and have conditions which all taxicabs would operate under. Mayor Daly asked specifically what Council Member McCracken wanted to see different and she responded that she objected to the fact that if a taxi company did not receive a franchise, then that company had five years to continue under the permit system. She asked why a company would want to operate under a franchise system. Mayor Daly asked if she felt that a firm not receiving a franchise should not be grandfathered and Council Member McCracken answered not for five years. She said that it would be fine if they could reach a way to bring their cabs up to caliber. Council Member Kring said that there might be some inherent problems with having some businesses on permits and some on franchises. She asked if the City would then be in the same situation in three or five years that they were currently in and she explained that if the City did not do something now it would drag on for years and years. Mayor Daly agreed with Council Member Kring. 123 A31. Approve an Agreement with the Center for Demographic Research at California State University Fullerton, in an amount not to exceed $39,150 for the preparation of a ~~_....,~ '---~._.."-,...-- ... _._~, 121 121 121 ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 24, 2001 PAGE 10 Demographic Profile for the City along with analysis and projections to the year 2010 based on Census 2000 results. (Continued from April 17, 2001, Item A31). Council Member Tait voted no on item A31. END OF CONSENT CALENDAR 6:00 P.M. Public HearinQs: Mayor Daly announced the first six items all had to do with acquisition by imminent domain of property interests for the Ball Road/Euclid Street intersection project. (C1 through C6) Mayor Daly said that this was the time for the public hearing on the proposed acquisition by eminent domain of property interests for the Ball Road/Euclid Street Intersection Project. He said that the properties involved are identified in Agenda Items C1 - C6 and the interests which were proposed to be acquired were described in the resolution attached to the staff report for each proposed acquisition. Public Works Civil Engineer Natalie Meeks gave a brief staff report for items C1 through C6. She said that implementation of the intersection improvements would increase the capacity of the street and improve intersection operations. She also said that the overall project included the undergrounding of utilities, street rehabilitation and landscaping. Ms. Meeks said that acquisition offers had been made; however, to this date she had been unable to obtain executed acquisition agreements for the parcels. She said staff recommended adopting the resolutions of necessity to insure that the City obtain legal possession of the property in time for the scheduled construction. She also noted that staff would continue to work with the property owners to reach a settlement and address all of their concerns. Mayor Daly opened the public hearing for Agenda Items C1 through C6. C1. PUBLIC HEARING: To consider a resolution finding and determining the public interest and necessity to require condemnation of certain real property located at 1711-1723 West Ball Road for the Ball Road/Euclid Street intersection from 200m west of Euclid Street to UPRR on Ball Road and from 200m north of Ball Road to Palm Lane on Euclid Street Project and authorizing the law firm of Rutan and Tucker, special counsel to the City, to proceed with said condemnation action. C2. PUBLIC HEARING: To consider a resolution finding and determining the public interest and necessity to require condemnation of certain real property located at 1201-1235 South Euclid Street for the Ball Road/Euclid Street intersection from 200m west of Euclid Street to UPRR on Ball Road and from 200m north of Ball Road to Palm Lane on Euclid Street Project and authorizing the law firm of Rutan and Tucker, special counsel to the City, to proceed with said condemnation action. C3. PUBLIC HEARING: To consider a resolution finding and determining the public interest and necessity to require condemnation of certain real property located at 969 South Euclid Street for the Ball Road/Euclid Street intersection from 200m west of Euclid Street to UPRR on Ball Road and from 200m north of Ball Road to Palm Lane on ,.. 121 121 121 121 121 121 121 ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 24, 2001 PAGE 11 Euclid Street Project and authorizing the law firm of Rutan and Tucker, special counsel to the City, to proceed with said condemnation action. C4. PUBLIC HEARING: To consider a resolution finding and determining the public interest and necessity to require condemnation of certain real property located at 1200-1208 South Euclid Street for the Ball Road/Euclid Street intersection from 200m West Euclid Street to UPRR on Ball Road and from 200m north of Ball Road to Palm Lane on Euclid Street Project and authorizing the law firm of Rutan and Tucker, special counsel to the City, to proceed with said condemnation action. C5. PUBLIC HEARING: To consider a resolution finding and determining the public interest and necessity to require condemnation of certain real property located at 1676 West Ball Road for the for the Ball Road/Euclid Street intersection from 200m west of Euclid Street to UPRR on Ball Road and from 200m north of Ball Road to Palm Lane on Euclid Street Project and authorizing the law firm of Rutan and Tucker, special counsel to the City, to proceed with said condemnation action. C6. PUBLIC HEARING: To consider a resolution finding and determining the public interest and necessity to require condemnation of certain real property located at 912-990 South Euclid Street for the Ball Road/Euclid Street intersection from 200m west of Euclid Street to UPRR on Ball Road and from 200m north of Ball Road to Palm Lane on Euclid Street Project and authorizing the law firm of Rutan and Tucker, special counsel to the City, to proceed with said condemnation action. Hearing no pubiic testimony, Mayor Daly closed the public hearing and offered Resolution Nos. 2001 R-100 through 2001R-105 for adoption on Items C1 through C6. C1. C2. 121 C3. C4. C5. RESOLUTION NO. 2001-R-100 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 901-951 South Euclid Street and 1711-1723 West Ball Road for the purposes of conducting roadway improvement (RIW 5400-01). RESOLUTION NO. 2001 R-101 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 1201-1235 South Euclid Street for purposes of conducting roadway improvement (RIW 5400-6 and 7). RESOLUTION NO. 2001R-102 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 969 South Euclid Street for the purposes of conducting roadway improvement (RIW 5400-02). RESOLUTION NO. 2001R-103 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 1200-1208 South Euclid Street for the purposes of conducting roadway improvement (RIW 5400-8). RESOLUTION NO. 2001R-104 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 1676 West Ball Road for the purposes of conducting roadway improvement (RIW 5400-9). , ->~,-,_.. "'~.""""~ --'.~'--"--"~'''-'--' ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 24, 2001 PAGE 12 C6. RESOLUTION NO. 2001R-105 RESOLUTION OF THE CITY COUNCIL OF THE 121 CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 912-990 South Euclid Street for the purposes of conducting roadway improvement (R/W 5400-13 and 14). Roll call vote: Ayes - 4; Mayor Daly, Council Members McCracken, Tait, Kring. Noes - O. Temporarily absent - 1; Council Member Feldhaus. C7. WAIVER OF CODE REQUIREMENT 179 CONDITIONAL USE PERMIT NO. 2001-04333 AND NEGATIVE DECLARATION: OWNER: Larry P. Henry and Carol Henry, 225 North Loara Street, Anaheim, CA 92801 AGENT: Dean Garcia, 1303 Beacon Avenue, Anaheim, CA 92802 LOCATION: 309 North Manchester Avenue. Property is approximately 0.25 acre located on the south side of Manchester Avenue, 210 feet west of the centerline of Loara Street (Agape House of Prayer). To retain an unpermitted church in an existing building with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 2001-04333 granted for two years to expire March 6, 2003 (PC2001-32) (6 yes votes, Commissioner Arnold absent). Approved waiver of code requirement. Approved Negative Declaration. Informational item at the meeting of March 27, 2001, Item B3. Review of the Planning Commission's decision requested by Council Member McCracken and Mayor Daly. Mayor Daly explained that the Planning Commission approved a two-year permit for an unpermitted church in an industrial area and that the permit included a waiver on the minimum number of parking spaces. He said the Planning Staff had expressed some location concerns about this being a church in an industrial area adjacent to the freeway along with the parking issue. Greg Hastings, Planning Department, said that the church was about 2,700 square feet and shared a property with two small warehouse buildings. He said the three buildings together left virtually no room for landscaping and provided a limited amount of on-site parking which did not meet code standards. The Planning Commission approved the church for two years based on the fact that the meeting times were limited to Sunday mornings and Wednesday evenings. He said that parking had not been a problem and the church had invested a large amount of resources to clean the building up. Mayor Daly noted that the Redevelopment staff had recommended a denial of the request and he noted that the neighborhood had been under construction for the last eight years. Council Member McCracken asked if the City had anything that guaranteed the availability of neighbor property parking areas and Planning Director Fick said that the property owner said he would make his area available for parking but there was no guarantee that the properties could not be sold in the future. ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 24, 2001 PAGE 13 Council Member Kring asked if the Redevelopment staff had changed their recommendation and Traffic and Transportation Manager Lower said they were still recommending a denial since the letter was not recorded. Mayor Daly brought up the point that the church would eventually grow out of this site and he asked what the plans were in the future. Dean Garcia, Agape House of Prayer, spoke in favor of the parking permit. He stated that the Planning Commission had given the church two years and that the Agape House of Prayer would bring a positive impact to the area. In the next six months, they would be looking for a new home for the church and that the church would not be there for longevity, they just want to use it for now. he finalized. Mayor Daly asked Mr. Garcia if it would be a hardship on the church to start looking for a new building sooner than six months and Mr. Garcia answered that they would do whatever was necessary. He also said that they had an agreement with the owner of the property noting the fact that they had permission to use his other buildings as well. He believed that they were given six months from the Planning Commission to put together a parking plan. Mr. Corbett spoke in favor of the parking permit. Joaquin Garcia, Pastor of Agape House of Prayer, spoke in favor of the parking permit. Traffic and Transportation Manager Lower noted that a traffic study indicated that the industrial complex provided 28 parking spaces and the church had proposed 38 spaces to meet code. In response to Council Member McCracken, even with a parking permit, they would still need a waiver. Council Member McCracken said she did not think that the Planning Commission's report included all the parking spaces on the adjacent properties and she thought that the waiver had to do with parking that extended into the public right of way. In response to Council Member McCracken, Traffic and Transportation Manager Lower said that some of the parking spaces were still usable but could not be counted towards code requirements. Mr. Lower said that realistically there were ten spaces on site. Council Member McCracken asked if there could be a condition added to the permit that Pastor Garcia would need to have a written agreement with the owner within thirty days. City Attorney White answered that there could be an added condition to that effect if the Council wished to have one. Council Member McCracken said she would be more comfortable with this condition so the church has future guaranteed parking. Mayor Daly suggested a compromise. He said since the planning staff had recommended no permit at all and had given the church two years, he suggested a one-year permit with the parking conditions recommended by Council Member McCracken. He felt that this was reasonable so the church could continue to grow and add to its base while they were looking for another site. He added that if the church needed more time, the Council would consider that. --r ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 24, 2001 PAGE 14 Council Member Kring commented that the report did not show that 39 spaces were needed. She voiced her concerned about the one-year time limit because it was a start up church with limited resources and she would feel more comfortable with a two-year time limit. Mayor Daly suggested a one-year permit with the parking condition recommended by Council Member McCracken and with staff incorporating that into the permit. He asked staff to report back to the Council if they encountered any problems. Council Member Tait asked the applicant if a one-year permit was feasible for them. Mr. Garcia said yes, if that was what the Mayor was recommending, but they would prefer the eighteen months that Council Member Kring had suggested. Mayor Daly moved to approve the CEQA Environmental Finding of Negative Declaration, seconded by Council Member McCracken. Motion carried unanimously. Mayor Daly offered Resolution No. 2001R-106 for adoption to grant Conditional Use Permit No. 2001-04333 for one year with the added condition to obtain a written agreement from the property owner regarding parking stipulations. RESOLUTION NO. 2001R-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2001-04333 FOR A PERIOD OF ONE YEAR. Roll call vote: Ayes - 5; Mayor Daly, Council Members McCracken, Feldhaus, Kring, Tait . Noes - O. Motion carried. C8. GENERAL PLAN AMENDMENT NO. 2001-00386 155 AND NEGATIVE DECLARATION: CITY-INITIATED: Anaheim Housing Authority, Attn: Bertha Chavoya, Housing Manager, 201 South Anaheim Boulevard, Anaheim, CA 92805. City-initiated amendment to the Housing Element of the General Plan to consider an update of citywide housing needs, goals, policies, and programs. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended approval and adoption of the amendment to the Housing Element to the City Council (PC2001-33) (7 yes votes). Item B 1 from April 17, 2001. Mayor Daly moved, seconded by Council Member McCracken, to continue the hearing to May 1, 2001. Motion carried unanimously. Report on Closed Session Actions: None Council Communications: Council Member McCracken said that earlier the Council had heard discussion about Placentia and the support from Anaheim. She informed that OCTA was addressing that issue and trying to find solutions. She said that as a member of that board she had asked them to look seriously at some solutions that might even be short term so that there could be '~'-----r'-- -~..._.._--_. ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 24, 2001 PAGE 15 quiet zones along that railway. She also said it was an issue not only for Anaheim, but Placentia, Fullerton and Yorba Linda as well. She also said that dividers preventing people from going around the gates could happen soon. Council Member Kring added that the Railroad Company has said that they will not blow the whistles during the evening so the residents can have a peaceful sleep. Mayor Daly said he recently met with the owner of All Style Apparel, Mr. Shakoui. All Style Apparel, like many businesses in Anaheim and Southern California, was being hit hard by the increase in natural gas prices, he noted. Mayor Daly said Mr. Shakoui was going to be meeting with State legislators and would discuss how the State had a regulatory role with natural gas and that the City of Anaheim was not in the natural gas business. Mr. Shakoui employed 1,800 persons and his natural gas bill for the next six months was expected to increase by a factor of seven. The Mayor commented that Mr. Shakoui's colleagues in Los • Angeles had already gone under due to the increase in natural gas prices. Mayor Daly directed the City Manager to give Council a report on how the City could become involved, from the economic development prospective, in commenting to the State government and other parties and working with State Legislators how to solve the problem. Adjournment: There being no further business to come before the City Council, Mayor Daly adjourned the meeting at 7:43 P.M. Respectfully submitted: C, Sheryll Schroeder, CMC/AAE City Clerk •