Loading...
2001/05/15 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING MAY 15, 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, Community Services Director Chris Jarvi, Community Development Director Elisa Stipkovich, Police Investigator Allan Roman. Traffic and Transportation Manager John Lower, Planning Director Joel Fick, Zoning Administrator Annika Santalahti. A copy of the agenda for the meeting of the Anaheim City Council was posted on May 11, 2001, at the City Hall inside and outside bulletin boards. Mayor Pro Tem McCracken called the regular meeting to order at 3:14 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. ADDITIONS/DELETIONS TO CLOSED SESSION: None. -.-,. -,-- --~- PUBLIC COMMENTS - CLOSED SESSION ITEMS: None. Mayor Pro Tem McCracken moved to recess to Closed Session, seconded by Council Member Feldhaus. Ayes - 3: Mayor Pro Tem McCracken and Council Members Kring and Feldhaus. Noes - O. Mayor Daly and Council Member Tait were temporarily absent. Motion carried. The Council recessed to Closed Session at 3:15 P.M. 1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Agency designated representative: David Hill Employee organization: Service Employee's International Union, Local 1877. 2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Agency designated representative: David Hili Employee organization: Anaheim Fire Association. 3. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Agency designated representative: David Hill Employee organization: Non-represented Management Employees. 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. 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. ANAHEIM CITY COUNCIL MEETING MINUTES MAY 15, 2001 PAGE 2 6. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: 516 East Santa Ana Street, Anaheim, California Agency negotiator: Elisa Stipkovich Negotiating parties: Anaheim Redevelopment Agency and Voit Development Company. Under negotiation: Price and terms. AFTER RECESS: Mayor Daly called the regular Council meeting of May 15, 2001, to order at 5:20 P.M. and welcomed those in attendance. INVOCATION: Noble Bussey, Melodyland Christian Center FLAG SALUTE: Council Member Tait 119 PROCLAMATIONS AND DECLARATIONS: Recognizing the grand prizewinners of the Clean Air Week Children's Essay and Poster Contest. Robin Cherry from the American Lung Association introduced the essay contest winners and Parks Coordinator Michelle introduced the poster contest winners on behalf of the Kids for Parks Program. Recognizing the Paint Your Heart Out Anaheim sponsors, presented by Carolyn Griebe who noted that the volunteer teams painted forty-one homes for low-income, senior and disabled homeowners in the City. To date, she said, four hundred and forty-one homes have been improved in the City. Recognitions to be presented at a later date were: a proclamation recognizing May 20 - May 26, 2001, as Save a Life Week; a declaration recognizing the Salvation Army's Adult Rehabilitation Center Women's Residence in Anaheim; a proclamation recognizing June 3, 2001, as Heritage Day at Oak Canyon Nature Center; a proclamation recognizing May 6, 2001 - May 12, 2001 as National Small Business Week and a proclamation recognizing the American Career College on the Grand Opening of their Anaheim Campus. At 5:40 P.M., Mayor Daly recessed the City Council meeting until after the Redevelopment Agency meeting. Mayor Daly reconvened the City Council meeting at 5:42 P.M. ADDITIONS/DELETIONS TO THE AGENDA: None. PUBLIC COMMENTS: Leonard Lahtinen, 2731 West Savoy Place, Member of Board of Trustees to the North Orange County College District, informed the Council that the North Orange County Community College District wished to make a significant presence and contribution to the City and negotiations were completed to purchase the former Martin Luther Hospital site. He informed that the site had been vacant since last November and would become a higher education complex. The college would offer Fullerton and Cypress College credits, vocational programs, and continuing education, he said, and the facility was scheduled to be open for operation in August 2002. _._~ ANAHEIM CITY COUNCIL MEETING MINUTES MAY 15, 2001 PAGE 3 James Robert Reade, 100 West Midway Drive, Space 124, read a letter he wrote to Angela Glover Blackwell. He believed that the cultural vibrancy of Anaheim was at stake because the low-income and minority races were being "ordinanced" out of the City. He disagreed with City's parking permits. Paula Schlue, 9047 Grand Circle, Cypress, spoke on the proposed ordinance relating to message establishments. She said she was a nationally certified massage therapist and business owner and was in support of the proposed ordinance regarding massage therapy. She noted that the length of time being proposed to grandfather in a licensed therapist was not enough for one year because the average cost of 400 hours of more training was $4,000 and would take an average of ten months to complete. She requested that there be a waiver for those who were presently nationally certified. With regard to the tests, she asked if there would be guidelines given to the therapists; what percentage of each individual category would appear on the test; how many questions would be on the test, what was the fee to take the test and when would the test results be released. She said that she was unclear if an unlicensed individual was able to work under a chiropractor during the application process. Philip Hummel, represented the Roman Spa at 130 North Brookhurst Street, said that his clients had been running their business in the City for thirty-five years. He was concerned about the responsible employee versus independent contractors, which had issues that could result in misdemeanor charges against workers. He said that an extra 400 hours in one year could effect the people that were the breadwinners in their family, not to mention the significant cost. He stated that although more training may be advisable, he requested that Council give a longer period of time similar to the City of San Diego, which gave four years. He noted that exam costs were high and asked how often the testing was done. He asked if the test would be fair and asked who would be putting test together. He concluded by asking if the ten hours per year of training would be continuous training and if extra time would be provided to people with English as a second language. Judithanne Gollette, speaking on behalf of the West Anaheim Neighborhood Development group, said that they felt that the increased hours of protection and education were needed. She compared the 100 hours message therapists needed to the 1600 hours required for a beautician. She said that the WAND group was seeking a good balance with educated people to be message therapists. Gwen Ard, 1730 South Euclid Street, said that she believed it was overkill to have the license hanging in addition to having the employees wear a pictured badge. She agreed with the permit but not with having the permits hanging in the front and she said that they should be able to place it in the lobby. Jaime Martinez, Azusa, California, commented on the Anaheim Police Department. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions, seconded by Council Member McCracken. Motion carried unanimously. City Manager Ruth noted that there were no additions or deletions to the agenda. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A28: 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. Mayor Daly offered Resolutions Nos. 2001 R- 120 through 2001R-121 for adoption. Mayor Daly offered Ordinance Nos. 5771 through 5772 ----.....,.. " - --------..--- ANAHEIM CITY COUNCIL MEETING MINUTES MAY 15, 2001 PAGE 4 179 for adoption. Motion carried unanimously, Council Member Tait voted no on items A 19 and A23. 173 117 105 118 169 161 158 123 113 113 123 160 --'''--.,'.-- A1. A2. A3. A4. 165 A5. A6. A7. A8. 123 A9. A10. A11. A12. Receive and file Notice of Availability of Application of Southern California Gas Company dated May 1, 2001, the Treasurer's Investment Portfolio Report for April 2001 and the Golf Advisory Commission Minutes dated March 22, 2001. Reject certain claims filed against the City. Award the contract to the lowest responsible bidder, R. J. Noble, in the amount of $144,767.94, for the Lincoln Avenue Street Improvements, Dale Avenue to Beach Boulevard, and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Award the contract to the lowest responsible bidder, Construction Systems, Inc., in the amount of $29,540, for the Anaheim Convention Center Car Park NO.1 V.I.P. Ramp/Stairs, and approve and authorize the Finance Director to execute the Escrow pertaining to contract retentions. Approve the Contract Change Order No.1, in the amount of $46,610, in favor of B. A. Construction for the North Anaheim/Citron/Haster CDBG Neighborhood Improvements. Approve and authorize the Mayor and City Clerk to execute the agreement for right of entry for the property located at 1419-1423 North State College Boulevard for the State College Boulevard/SR-91 Freeway Improvement Project. Approve the Joint Trench Agreement with Adelphia Communication Corporation to permit joint trenching and to share construction cost for the Underground District No. 37- 1 and 37-2, State College/Katella. Approve and authorize the Public Utilities General Manager to execute the Agreement and related documents between the Orange County Community Development Council and the City for an expanded Weatherization program for income- qualified customers in an amount not to exceed $300,000 over two years. RESOLUTION NO. 2001 R-120 A RESOLUTUION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (Public Utilities). RESOLUTION NO. 2001R-121 A RESOLUTUION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (Treasurer's Office). Authorize the Chief of Police to execute an Indemnification Agreement with the Irvine Company for SWAT training to be conducted on the McDonnell Douglas facility in Gypsum Canyon on May 20 and 21, 2001. Accept the low bid of United Rentals Aerial Equipment, in the amount of $30,087 (excluding applicable taxes) for a Genie 34 foot Boom Lift for the Convention Center, in accordance with Bid #6138. 160 160 160 000 123 123 123 ANAHEIM CITY COUNCIL MEETING MINUTES MAY 15, 2001 PAGE 5 A 13. Accept the bid of C.G.1. Systems, in the amount of $36,273 (excluding tax), for a Substation HVAC System in accordance with Bid #6123 to be installed at Southwest Substation Switchgear NO.2. A 14. Accept the low bid of Vireo Manufacturing Corporation, in the amount of $238,480 (excluding applicable taxes), for four thousand stack chairs for the Convention Center in accordance with Bid #6132. A15. Waive the sealed bidding and advertising requirements of Council Policy 306, authorize the Purchasing Agent to issue a purchase order to Sico America, Incorporated, in the amount of $123,628 (including tax and shipping charges), for a Tri-Height Meeting Room Stage and accessories at the Convention Center. A 16. Approve the waiver of $448 in facility use fees for Boysen Park Fields requested by the Orange Empire Sertoma service organization for the purpose of conducting a baseball camp for deaf youth. A17. Approve and execute an Agreement between the City and the Anaheim Union High School District for the period of June 1, 2001 through September 30, 2001 to facilitate Summer Sports Camps. Council Member McCracken expressed her support of the summer sports camp, particularly with the High School District. She asked if the schools' swimming pools would be used and if they were part of the summer sports program. She noted that there was a shortage of school pools across the City and asked if there was something that could be done to facilitate some opportunities for young people, especially during the hot summer where the use of air conditioning would have to be reduced. Director of Community Services, Chris Jarvi, responded that swimming pools were not used as part of the sports camp. He said that gyms and sports fields were used and two of the City's pools were used for teaching recreation programs and recreational swim. He said that they were limited by the amount of money they had to keep the pools open, in addition to the availability of guards, which was a nationwide problem. A 18. Approve the telecommunications license agreement between the City and XO California, Inc., granting the right of entry onto the Convention Center for provision of telecommunications service to Smart City Networks for telecommunication and Internet provisioning. A 19. Approve Amendment NO.1 to the Professional Services Agreement between the City and White Oak Associates, for a two-year period, in an amount not to exceed $100,000 for development of an interim and long-term museum strategy. Council Member Tait said he believed there were other pressing needs in the City that he would prefer to spend a $100,000 on something other than a museum strategy, even though he was in support of museums. He believed that the money could be used to bring in exhibits or develop programs instead of paying for a strategy and he moved to deny the item. Mayor Daly asked about the proposed contract, which was to result in a museum strategy, and noted that the first phase was completed already. He asked what was produced in the first phase and what type of useful product was produced to date. . ~'~'---~._"'--' .- ANAHEIM CITY COUNCIL MEETING MINUTES MAY 15, 2001 PAGE 6 Elisa Stipkovich, Community Development Director responded to Mayor Daly that the first stage was a $25,000 contract which was used for the staff that came out to look at various venues. She said that they had hoped to get a proposal that tied together the present venues, programs and availability of various collections, in addition to coming up with a program and to partially implement the program. Director Stipkovich noted that the contract was not for how to build a new museum but how to take the Carnegie Library and The Packing House and be able to go to the next step which would be to prepare a report and return with an implementation plan. She added that the contract was funded through Redevelopment. She informed the Council that the consultant had examined all the facilities and looked at corrections. Director Stipkovich submitted to Council supplemental information with background information regarding what had been completed and what the problems were in pulling the pieces together. Council Member Kring noted that the contract was not to exceed $100,000 for a two-year period. She confirmed that $25,000 was already spent, leaving $75,000 over the next two years and it was her understanding that this was an amendment to the current agreement adding $75,000. The Community Development Director said that the amendment was making it $100,000 as the $25,000 had already been spent under a service contract executed by the City Manager. Mayor Daly asked when the two-year period would start and Director Stipkovich responded that they were already three months into the contract, which started March, 2001. Mayor Daly asked if a presentation would be given to Council on the proposed museum strategy. Director Stipkovich responded that a presentation would not be made and said that a report would be prepared next. She informed Council that the consultant would be coming to the City on May 29th, and she would set up meetings with Council to get a briefing from the consultant. She said that the consultant would prepare a final report in a couple of weeks after the last visit and would start to help implement the program. In response to Council Member Kring, Director Stipkovich confirmed that the contract could be terminated at any time should the Council not wish to proceed with the recommended work at which time the next step would be taken. Ms. Stipkovich stated once the report was prepared, it would be submitted to Council for concurrence of the recommendations made and if approved, the additional implementation would be begin. The contract was based on the direction of the Council, she said. Mayor Daly asked when the proposed strategy would be completed and presented to Council and Director Stipkovich said she believed that the consultant was almost finished. She noted that the consultant was returning to look at space at the Hilton Hotel and that the report should be completed by mid-June. She added that the report should layout a strategy of what to do with the various venues and collections which were the data gathering part of the contract. Mayor Daly asked if the scope identified potential museum sites beyond existing City facilities, such as the Anaheim Museum Building, City-owned buildings on Anaheim Boulevard and beyond the Hilton and Director Stipkovich responded that the plan was a more immediate plan and looked at where the City was currently and she believed that the best thing to do now was to get an interim plan. The consultant was not looking at sites for a big museum project, she noted, he was looking at taking the existing venues, collections, and products that the City had and provide a solution and plan of how to pull it together and have a program that works to coordinate and identify this with a cultural area. She said that the consultant may talk a little bit in general on a long range plan but would not specifically spend time on a museum site since it was not the City's intent. -~--~_.-................__. ANAHEIM CITY COUNCIL MEETING MINUTES MAY 15, 2001 PAGE 7 Mayor Daly said that the City had offered collections with strings attached, such as classic cars, antique cars, and art from time to time. He asked if there was anything in the strategy that would anticipate such offers. Community Development Director Stipkovich informed Council that it would be in the scope of work and she said that the consultant had already looked at collections and would be making a recommendation on the ones he seen and any other in the future. Mayor Daly asked if the Orange County Sport Hall of Fame at Edison Field was part of the subject survey and Director Stipkovich stated that it would be and the consultant had already visited the location. The questioned pieces would be used to help the City understand what could best be done and what he would recommend in terms of long term and current recommendations and how the City could use the different collections. Mayor Daly commented that he was interested in making sure that the City was getting a useful product. He said that the Anaheim Museum was on solid ground and that the City and City Manager went the extra mile to help the Museum establish themselves and bring in good exhibits, thus setting the stage for an expansion of museum and cultural facilities. Mayor Daly wanted to understand the product that could be anticipated from the $100,000 effort. Community Development Director Stipkovich stated that a very good product would be received based upon current reality and what the consultant's recommendations would be on most of the issues that the City was dealing with, such as the various venues, collections that the City controlled. Director Stipkovich reiterated that she would like the Council to meet with the consultant regarding options before the report is finalized. Council Member Tait commented that he still could not see the value or worth of $100,000 to put together a document or strategy. Additionally, he said, the present museums were run on a very tight budget and were always trying to get funding. He believed that $100,000 could go a long way to help the museums directly rather then spending the money for a report and he added that there were many other pressing needs in the City that he would prefer to spend the money on before giving the money to pay for a museum consultant strategy. Council Member Kring asked if there would be a lot more money expended after the award of the $100,000 for this project and if the consultant was going to come back and inform the City that they would need to spend a half-million dollars to do something else. She also questioned whether he would try to make it a private situation where the private partnership could come in and offer to take over the museum. She said that there were a lot of private museums in the City, such as the car museum and a private person could contribute to the City without the strings. Director Stipkovich did not anticipate that the City would be spending more money on the consultant's services since they were hoping that the product would get the City to the implementation stage. She noted that the City was looking for the consultant to give direction and assistance on how to make something happen whether it is through the private sector or something that City or museum could do. She noted venues, such as the Packing House, where the City was trying to understand what the best use was and how the uses would work. She did not see this as leading to a bigger contract but it may lead to some specific recommendations that the City may want to consider. She believed that the project should give the City good direction and she expected to get some implementation out of it. She stated that there was a staff member in the White Oak group that had worked with the Smithsonian and was somebody that she thought could help the City with the local museum curator and help package some of the Smithsonian traveling exhibits and things of that nature. ---------- ANAHEIM CITY COUNCIL MEETING MINUTES MAY 15, 2001 PAGE 8 City Manager Ruth addressed Council Member Kring and stated that a comprehensive plan for the museum program would put the City in a much better position to solicit grants and private funding to support that effort than it would without the plan and particularly with a firm that was recognized as widely as White Oak. Mayor Daly shared Council Member Tail's concern regarding the financial aspects of the project and said he believed that the City should take advantage of future opportunities, private donations and grant opportunities and have a strategy that the City would be able to share with the outside world. He felt that there was a prominent museum that had come and gone in Anaheim approximately fifteen years ago and therefore, he said, the City should be positioned to capture future opportunities either entirely privately funded or mostly privately funded. He noted that staff believed that the consultant was equipped to do this for the City and Mayor Daly said he was in support of the recommendation and would be looking forward to a useful product. Roll call vote on Council Member Tail's motion to deny Item A19, which was seconded by Council Member Kring: Ayes - 1, Council Member Tait. Noes - 4; Mayor Daly and Council Members McCracken, Feldhaus, and Kring. Motion failed. 123 A20. Approve and authorize the City Manager to execute Amendment NO.2 to the Professional Service Agreement with Willdan Associates to provide project area planning, management, Section 8 housing inspections and CDBG administration. 123 A21. Approve a budget adjustment to increase General Fund appropriations by $25,000 for Fiscal Year 2000/01 to accommodate the City's obligation to compensate the Chamber of Commerce and approve and authorize the Mayor to execute Amendment NO.1 to the Service Agreement between the City and Anaheim Chamber of Commerce. (Continued from May 1, 2001, Item A6). Mayor Daly asked if either party on 30-days notice could terminate the contract. He noted that this could be considered to be in the realm of the City's economic development activities. Before the upcoming budget discussions in June, he asked the City Manager to summarize for Council all the various economic development activities that the City had in one place and to total up all the expenditures, including this one. He said he knew that the City had an economic development program within the Community Development Department and noted that the City had other efforts such as this one and certain aspects of economic development contained in the Public Utilities Department budget. He asked that the Council see all of those in one place. City Manager Ruth stated that the information wouid be submitted to Council. City Attorney White responded to Mayor Daly's question about the agreement. He said that what was on the agenda was an amendment to the original agreement and the original agreement contained the termination provision which provided that it may be terminated upon 30-days notice by the City. The City had the option to terminate at any time over the next fourteen months, said City Attorney White. City Manager Ruth added that staff regularly met with the Chamber to track progress on the work activity. Any time that the City was dissatisfied with that, the agreement could be terminated. The item on the agenda was to simply extend the current agreement for fourteen months. . --'---.,--_.. ANAHEIM CITY COUNCIL MEETING MINUTES MAY 15, 2001 PAGE 9 City Attorney White noted that Section 7.9 of the contract provided 15-days notice that it may be terminated. It was 30 days upon a default and it was 15 days without cause. 142 A22. ORDINANCE NO. 5771 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM repealing Chapter 4.29 of, and adding new Chapter 4.29 to, Title 4 of the Anaheim Municipal Code relating to massage establishments. (Introduced at the meeting of May 8, 2001, Item A14). Council Member Kring said she had received several phone calls regarding the proposed ordinance and believed that Council should discuss the educational requirements. It was Council Member Kring's understanding that if people were currently working in the City, they would then be grandfathered in and would not have to take the extra 400 hours as long as they passed the test. City Attorney White confirmed that if someone presently had a permit, it would continue to be valid for twelve months after the ordinance became effective. During said time, he said, one had the choice of either obtaining the 500 hours of instruction from an approved massage school or passing the written practical test, the massage technique and knowledge test. He said that additionally, one needed to also pass a short test on the provisions of Chapter 4.29 of the Anaheim Municipal Code so that one knew what their obligations were under the ordinance. Council Member Kring asked if would there would be an opportunity for a person to re-take the test in the event they did not passed the first time and City Attorney White responded that the test would be re-given and that this was something that would be handled administratively. He said that it would be given with regularity and if someone failed the test the first time, it could be taken the next time the test was given. If the test was failed the second time, he informed, there would be waiting period of six months to take the test a third time. City Attorney White reiterated that many massage technicians already had 500 hours and the practical test need not be taken because the criteria had already been met and they would need the ten hours every year. Council Member Kring asked if the national certification would be waived for those who were already certified as a massage therapist. City Attorney White said that that was not one of the waivers in the ordinance. He said that he did not know the requirements for national certification, but if it required 500 hours from a recognized massage school then the requirements for the ordinance had been met. Council Member Kring noted that the test would be given by an independent person that many of the surrounding jurisdictions currently used and City Attorney White explained that the ordinance was written in a way that would allow the test to be given internally or to be contracted out to an independent provider who was skilled and certified in administering examination on massage. Council Member Kring asked if a booklet would be available for those who wished to take the test to enable them to study prior to the test date. Police Investigator Allan Roman said that the Police Department had not yet put together a test but they had looked at other tests used in surrounding cities. A booklet would be provided with information on what to study and the general base knowledge of what massage technicians learned in school. Investigator Roman said that while taking the test, there would be a police officer and the test giver and it would take ten days to get the test back. He said it was based on ten people taking the test. ---r- ANAHEIM CITY COUNCIL MEETING MINUTES MAY 15, 2001 PAGE 10 In response to Council Member Kring, City Attorney White said that the first test was built in the application fee. He said that the Council had not adopted the fees yet, but the recommended fees would be $118.00 for an operator's permit, $105 for a technicians permit which would include the first administration of the test. If the test was failed, taking it a second, third or fourth time would be $49.00. Investigator Roman responded to Council Member Kring and said people would be allowed to take the test as frequently as possibie. He compared other cities; Newport Beach charged $422 for an operators permit versus Anaheim's $118; for a technicians permit, Newport Beach charged $342 versus Anaheim's $105. He explained that the Director of the Southern California School of Massage, who had been in the business for 20 years and had practiced both in taking tests, developing tests and administering tests, was the expert and it had worked for neighboring cities. According to the message ordinance, said Investigator Roman; they had to wait for their results. He addressed the English as a second language issue relating to tests by saying that the test was given in two languages which was developed by the person who would be administering the test. One was in English and one was in Korean and if someone needed the test translated, the translator must be a court appointed or City approved to assist with the test. In response to Council Member Kring, City Attorney White stated that the ordinance provided an exemption from the permanent requirement for several different categories of practitioners. One was a physical therapist, he said. Ms. Schlue presented information about a section in State law and if the State law provided that a person was a physical therapist without obtaining a state license or was working under the direct supervision of a doctor or chiropractor, then the City's ordinance needed to be written in a way that complimented and did not contradict what State law provided. he said. It depended upon the exact wording of what the State statute said. The City Attorney addressed other issues posed by Council Member Kring. He said that if the police needed to see the permits, they could then be provided and part of the reason to have them posted was not only for the police but also for the public. It allowed the public to know that the person massaging them did have a permit and was qualified to do so. Mayor Daly believed that the ordinance had strong support from the affected neighborhoods. A23. ORDINANCE NO. 5772 (ADOPTION) AN ORDINANCE OF THE CITY OF 173 ANAHEIM amending various Sections of Chapter 4.72 of Title 4, and adding Section 1.03.070 to Chapter 1.03 of Title 1, of the Anaheim Municipal Code relating to taxicabs. (Introduced at the meeting of May 8, 2001, Item A 15). Council Member Tait expressed his no vote on adoption of the ordinance. In response to Council Member Kring, City Attorney White said that there was no change and the first come, first serve basis was the way the permanent system currently worked. The only change that was being proposed was to anticipate that there might be a rush of applications, he said. If the Council ever in the future operated under the permit system and decided to open up the applications, both of those things would have to occur. If Council did that, the City may anticipate that there would be a rush of companies filing applications, he said, and if the City had a first come, first serve provision, the concern would be that people would make sure they would be the first one in line on the first day of the application period. To avoid that, the provision suggested that if there were multiple applications filed on the first day of the filing period, those would all be deemed filed at the same time and a drawing would be held to determine the order in which they would be processed. ---,.........~_..., ANAHEIM CITY COUNCIL MEETING MINUTES MAY 15, 2001 PAGE 11 A24. Increase Risk Management Budget for Fiscal Year 2000/01 by $740,000 for workers' 106 compensation and permanent light duty employee programs (Continued from meeting of April 24, 2001, Item A7 and meeting of May 1, 2001, Item A 13). A25. Approve and authorize the City Manager to execute a six-month Agreement, 123 commencing June 1, 2001, with Bret Colson & Associates for the continued production of public education materials in an amount not to exceed $30,000 (Continued from meeting of April 24, 2001, ItemA11 and meeting of May 1, 2001, Item A 14). A26. Increase the Fire Department's expenditure appropriations by $500,000 for Fiscal Year 106 2000/01 (Continued from meeting of April 24, 2001, Item A24 and meeting of May 1, 2001, Item A 15). A27. Approve and authorize the execution of a five-year agreement with two one-year options 123 to renew between the City and the Anaheim Transportation Network for operation of ten electric buses and two electric trams in The Anaheim Resortâ„¢ (Continued from meeting of May 8, 2001, Item M). 114 A28. Approve minutes of the Anaheim City Council meeting held May 1, 2001. END OF CONSENT CALENDAR OFF CONSENT CALENDAR ITEMS 120 A29. Encourage CalTrans to fund construction to complete a sound study between the SR-55 freeway and Lakeview Avenue to determine the effectiveness of acoustic treatment of the south face of the existing north side soundwall and to compare the cost- effectiveness with new soundwall construction along the south side of the SR-91 freeway (Requested by Mayor Daly at the Council meeting of May 8, 2001). Mayor Daly explained he had received ongoing requests from residents in the Peralta Hills section of Anaheim Hills for a sound wall on the south side of the 91 Freeway. He said that there was an existing soundwall on the north side of the freeway through that section of Anaheim Hills. The residents understood that this was the responsibility of CalTrans to install soundwalls along State freeways, he said, such as the 91 Freeway. A staff report had been prepared to summarize the background of the subject. Mayor Daly suggested that the City go on record as having asked CalTrans to install a sound wall and that the City continue to make this a priority in terms of the focus on the 91 corridor. Staff had given Council a list of proposed improvements for the 91 corridor to consider if and when the State made any changes to the 91 Freeway through Anaheim Hills. On that list were items such as landscaping in certain sections, soundwalls and other environmental mitigation at various places. He said he believed that the site should be at the top of the list for future soundwalls. Mayor Daly said he thought that they were in the awkward situation where CalTrans said the soundwall was needed on one hand but that it did not meet the CalTrans cost effectiveness considerations. The expense of the soundwall somehow did not mitigate the noise on the freeway for enough properties, he said. Instead of getting in the middle of the CalTrans formula, he said, the City should go on record requesting the soundwall and asking CaiTrans to figure out how to make it happen. Furthermore, the Mayor said, the City should monitor any changes or improvements or proposal for any part of the 91 Freeway and introduce the idea of the soundwall at every opportunity. -r- ANAHEIM CITY COUNCIL MEETING MINUTES MAY 15, 2001 PAGE 12 Council Member Tait said that this was a unique situation and he believed that CalTrans made the situation worse when they built the Fast Track toll road and they built a soundwall on one side of the freeway and not the other. The residents got a heightened sound effect from the freeway as it bounced off the soundwall and doubled the sound up the canyon, he explained. Because of that situation, he said it was unique and should jump outside of the normal CalTrans criteria. He said that in the interest of fairness, CalTrans should listen to the people because they had a dramatic effect on the environmental quality of life in the Peralta Hills area. Mayor Daly asked that CalTrans install the soundwall because it was the right thing do and even the noise readings from CalTrans said that it was needed. Mayor Daly asked that CalTrans revisit the cost effectiveness criteria and look at it in terms of how many people were effected. CalTrans had also said that only eighteen fronting residential units were effected and he noted that he respectfully disagreed with them. He restated that CalTrans should review its own calculations as to the cost effectiveness. Council Member McCracken said that this had been an issue since CalTrans widened that section of the 91 Freeway. It was not fair to the property owners in the City, she said, because it was CalTrans construction of the soundwall on the opposite side of the freeway which seemed to have created the increased noise to the point where one could not enjoy their yard or pool because of the constant roar. She said that six out of seven readings were above what CalTrans regulated and she believed that the City should be more proactive in requesting that CalTrans look at the issue they created. Mayor Daly commented that one of the benefits of focusing on that stretch of the 91 Freeway was that the piece of land between the freeway and Santa Ana Canyon Road on the south side was not very attractive and could use a fix-up. He said that perhaps the soundwall project could be coordinated with beautification and tree planning as well. Additionally, he said, it would be a good opportunity for the City to work with CalTrans to solve a problem that was not going to go away. He believed that CalTrans had plans to try to add lanes to some portions of the 91 Freeway and to do other work in that area. Work was still ongoing on the 55 Freeway, just a few hundred feet south of the area, he said. Traffic and Transportation Manager, John Lower, suggested that the City Clerk transmit a minute action to CalTrans, along with a letter. Mayor Daly moved, seconded by Council Member McCracken, that the City go on record with a transmittal letter to CalTrans and minutes of the May 15, 2001 Council meeting, asking the State agency to install a soundwall along the stretch of the 91 Freeway following another look at their own studies and analysis. Motion carried unanimously. 114 A30. Request to expedite new public facilities and improvements in west Anaheim (requested by Mayor Daly). Mayor Daly announced that annual budget discussions would be held June 5, 2001, June 12, 2001, and June 19, 2001. Mayor Daly directed the City Manager to bring to Council, information on fast tracking some of the proposed public facilities and improvements that the City had discussed for west Anaheim. The Council had presentations from staff on police station facilities, the potential for a youth center adjacent to the police station, enhancements to the library in west Anaheim, he said, and corridor beautification in west Anaheim. The City Manager laid out some numbers for the Council which summarized the proposed capital project .~~. ------y--,. ANAHEIM CITY COUNCIL MEETING MINUTES MAY 15, 2001 PAGE 13 in the budget that Council would consider for next year, he said. Mayor Daly noted that the City Manager had also identified a potential means of fast tracking the improvements in west Anaheim. Mayor Daly believed that beautification and other improvements in the west Anaheim area were long overdue. Because the City had started to identify sites for some of the facilities, such as the police station, he said he believed that the time was now to ask staff to bring more details on a means of fast tracking improvements. Mayor Daly mentioned that it would involve some amount of borrowing. Council Member McCracken said that when the Resort area was done, the City had a plan and addressed the sewers and the water. She said it was not the most attractive thing to fix first and voiced concern about the sewer and water pipes that were in need of repair before the City would start putting newer buildings and newer housing tracks in some areas, particularly in the western part of the City. She said she was concerned that the entire sewer system may have had some failures along the line. She said that there would be huge fines if the City had sewer failure. She believed that it should be the first in any kind of plan, even though she believed that it would be hard to sell to the community. Mayor Daly asked staff to bring Council financing plans to move some of the west Anaheim projects along faster than scheduled particularly the west Anaheim Police Station, youth center, library improvements and the corridor beautification along major arterial streets. He said that the City Manager had laid out a draft document with options to do some short term borrowing or to sell bonds to create a package of approximately $82.9 million. This would be community wide and not just for west Anaheim, he said. He realized that this was a working document and could be discussed more during the budget hearings. He asked that the City Manager put real context and detail into the proposals and to also prepare schedules. In his discussions with the City Manager, Mayor Daly noted that it seemed that the City was at a point in the budget where it could not afford to expedite some of the improvements without jeopardizing other improvements that were important. He acknowledged Council Member McCracken's comment for sewer projects as being valid and commented that the Council did not want to be beautifying parts of the City while sewers were backing up or not functioning. He said that these were approximate numbers that were provided and funds were possibly available for these types of projects. He asked the City Manager to comment. City Manager Ruth said that this was a unique opportunity because this was the first year where the City had additional money for capital improvements and general fund money. He said that the City had been fortunate to have bond act money from the State on both libraries and parks that had helped out. City Manager Ruth had looked at the need in west Anaheim, the input from Council and the priorities identified which were the corridor, police substation, library and youth center, and he looked at the resources. City Manager Ruth said that those facilities could be developed but because of the revenue streams, it was going to take several years to accomplish the objectives. He suggested a community development fund as an option for Council consideration, if they would like to accelerate those programs. The community development fund was from the resort revenues that were set aside. Council had set aside three million dollars a year in that fund for City wide capital improvements. Council could take the three million dollars, if they chose to do so, he said, and bond for it and probably get about $37 million dollars out of it in a twenty-year bond to be paid off every twenty years. That money would be available for the City to begin to accelerate the projects, paying for them and committing the City that three million dollars a year for twenty-years. He said that this was just one mechanism in which the City could proceed to accelerate the projects. He commented on the enormous amount of community input from the west end of the City and in terms of capital needs, he thought that there was a lot of consensus in terms of what the community wanted and the direction of Council. '-mn--r--- ___'__m_ ANAHEIM CITY COUNCIL MEETING MINUTES MAY 15, 2001 PAGE 14 Mayor Daly asked that if the City Manager could find the money in the budget in the next twelve months or twenty-four months. would there be projects such as Ball Road, Lincoln Avenue and Magnolia Street ready to go and City Manager Ruth responded that staff had been working with the Public Works Director to identify priorities in terms of which corridors would be priority and which ones could get ready to go within a short period of time. He said that they would be prepared to move forward rather rapidly in the event that Council approved the priority. Mayor Daly asked the City Manager to bring Council a more aggressive scenario to the budget hearings so that Council could look at the impacts of that scenario and look at the schedules for the various projects, including the impacts of committing some of the future revenues if Council decided to sell bonds. In looking at the proposed capital improvements for next year, Mayor Daly said that it did not deliver enough for west Anaheim and that was why he was interested in the enhancement package that the City Manager suggested. City Manager Ruth responded to Mayor Daly and said that there was a $31 million dollar difference and the bonding for $31 million was the difference. Mayor Daly requested that the City Manager layout the exact projects that would be built under Options 1 and 2, so the Council would know exactly what they could do for the $31 million bond measure. He asked if the Council could consider this proposal along with all the other budget proposals and vote on it in June. Council Member Kring explained that she would like to include more money for gutters, curbs, sidewalk repairs and tree trimming. She would like to have the $500,000 in the minimum budget and the one million dollars in the expanded budget because these were the things people saw when they come out of their door. City Manager Ruth said that the more aggressive option, Option 2, included an extra $4 million for curbs, gutters and sidewalks and it would take from $1 to $5million. The current budget was $1 million and it would take it to $5 million if the accelerated option was chosen. He confirmed that Option 1 would continue the current year funding level. Option 2 would be the $82 million packet which included fast tracking the west Anaheim improvements and enhancing other levels including curbs and gutters. Mayor Daly and Council Member Feldhaus agreed with Council Member Kring that curbs, gutters and sidewalks should be a high priority in the City. A million dollars a year, was proposed to fund curbs and sidewalks, he said. City Manager Ruth noted that there had been quite a backlog on curbs, gutters and sidewalks, even though some had been knocked out the last two years because of the increase in funding the Council had authorized. He said that he would bring the entire program back to Council and show the backlog and let Council know what the funding source was. Mayor Daly noted that Council would then expect a proposal during the budget hearings to add to capital works and capital projects, public works budget for those west Anaheim projects. Council would also like to see schedules for those projects. City Manager directed to fast track publiC facilities and improvements and to bring back a financial plan, Options 1 and 2, with the budget hearings in June. . ------r---. 179 179 179 .----....,.....-. ANAHEIM CITY COUNCIL MEETING MINUTES MAY 15, 2001 PAGE 15 Items B1 throuQh B10 From PlanninQ Commission MeetinQ of April 23. 2001: (No action necessary unless Council desires to set a particular item for public hearing.) APPEAL PERIOD ENDS MAY 15, 2001: B1. CONDITIONAL USE PERMIT NO. 2000-04284 AND NEGATIVE DECLARATION OWNER: Southern California Edison, Attn: Louis R. Salas 14799 Chestnut Street, Westminster, CA 92683 AGENT: Katella Operating Properties, Attn: Gregory J. Knapp 151 Kalmus Drive F-1, Costa Mesa, CA 92626 LOCATION: Property consists of two parcels located on the east and west side of the cul-de-sac on South Claudina Way between Cerritos Avenue and Katella Avenue. Portion A: 1611 South Claudina Wav and 1621 South Claudina Way. Property has a frontage of 270 feet on the east side of Anaheim Boulevard, 1,035 feet south of the centerline of Cerritos Avenue. Portion B: 1610 and 1620 South Claudina Wav. Property has a frontage of 270 feet on the east side of Claudina Way, 1,450 feet north of the centerline of Katella Avenue. To establish a multipurpose storage yard for building materials, recreational vehicle/boat and vehicle storage with accessory modular office building. ACTION TAKEN BY THE PLANNING COMMISSION: Approved petitioner's request for withdrawal of Conditional Use Permit No. 2001-04284 (6 yes votes, Commissioner Boydstun absent). B2. CONDITIONAL USE PERMIT NO. 2000-04294 AND NEGATIVE DECLARATION OWNER: Southern California Edison, Attn: Louis R. Salas 14799 Chestnut Street, Westminster, CA 92683 AGENT: Katella Operating Properties, Attn: Gregory J. Knapp 151 Kalmus Drive F-1, Costa Mesa, CA 92626 LOCATION: Property consists of two parcels located on the east and west side of the cul-de-sac on South Claudina Way between Cerritos Avenue and Katella Avenue. Portion A: 1611 South Claudina Wav and 1621 South Claudina Wav. Property has a frontage of 270 feet on the east side of Anaheim Boulevard, 1,035 feet south of the centerline of Cerritos Avenue. Portion B: 1610 and 1620 South Claudina Wav. Property has a frontage of 270 feet on the east side of Claudina Way, 1,450 feet north of the centerline of Katella Avenue. Request the permit for a wholesale automobile auction facility with on- site storage of vehicles. ACTION TAKEN BY THE PLANNING COMMISSION: Approved petitioner's request for withdrawal of Conditional Use Permit No. 2001-04294 (6 yes votes, Commissioner Boydstun absent). B3. VARIANCE NO. 2001-04428 CATEGORICALLY EXEMPT-CLASS 11: OWNER: William Richard O'Connell, 3802 East Rolling Green Lane, Orange, CA 92867 AGENT: Global Sign Systems, 8939 South Sepulveda Boulevard, Suite 450, Los Angeles, CA 90045 179 179 ....' ""I' ~ ANAHEIM CITY COUNCIL MEETING MINUTES MAY 15, 2001 PAGE 16 LOCATION: 1100 West Katella Avenue. Property is rectangularly-shaped, approximately 0.37 acres, located at the southwest corner of Katella Avenue and West Street, having frontages of 55 feet on the south side of Katella Avenue, and 286 feet on the west side of West Street (Coco's Restaurant). Waiver of permitted number of wall signs and sign standards matrix requirements (one business identification wall sign per building or store front permitted; two business identification walls signs (one existing sign on the north building elevation facing Katella Avenue and one new sign on the east building elevation facing West Street) proposed). ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 2001-04428 granted (PC2001-54) (6 yes votes, Commissioner Boydstun absent). B4. ENVIRONMENTAL IMPACT REPORT NO. 313 WAIVER OF CODE REQUIREMENTS CONDITIONAL USE PERMIT NO. 2001-04346 OWNER: Northwest Hotel Corporation, Attn: J.P. Edmonson, 1380 South Harbor Boulevard, Anaheim, CA 92802. AGENT: STDR Architects, Attn: Mike Chico, 18201 McDurmott West, Suite A, Irvine, CA 92614 LOCATION: 1400 South Harbor Boulevard. This rectangularly-shaped approximately 1.5 acre property is located at the southeast corner of Manchester Avenue and Harbor Boulevard, having frontages of 293 feet on the south side of Manchester Avenue, and 252 feet on the east side of Harbor Boulevard, (Mimi's Cafe). To construct a new 6,581-square-foot full-service, semi-enclosed restaurant with waiver of (a) interior structural setback and yard requirements (10-foot wide fully-landscaped interior setback area required; O-foot setback adjacent to a portion of the east property line to construct two interior driveways within the interior setback area proposed) (DENIED); and (b) permitted number of wall signs and the sign standards matrix requirements (one business identification wall sign per building or store front permitted; two business identification wall signs (one sign on the north building elevation facing Manchester Avenue and one sign on the south building elevation visible from Harbor Boulevard) proposed) (APPROVED). ACTION TAKEN BY THE PLANNING COMMISSION: CUP No. 2001-04346 granted (PC2001-42) (6 yes votes, Commissioner Boydstun absent). Waiver of code requirements approved in part, denying waiver (a) and approving waiver (b). EIR No. 313 previously certified. B5. VARIANCE NO. 2001-04429 CATEGORIALL Y EXEMPT-CLASS 11: OWNER: Bass Resources, Inc., Attn: Thomas H. Brettshneider, V.P., 3 Ravinia Drive, Atlanta. GA 30346 AGENT: Young Electric Sign Company, Attn: Doug Purcell, 1443 South Cucamonga Avenue, Ontario, CA 91761 LOCATION: 1855-1925 South Manchester Avenue. This irregularly shaped, approximately 6.02-acre property has a frontage of 933 feet on the southwest side of Manchester Avenue and is located 570 feet south of the centerline of Katella Avenue (Staybridge Suites and Holiday Inn). Waiver of permitted wall signs and the sign standards matrix requirements (two hotel identification wall signs per building located on non-adjacent building elevations permitted; ANAHEIM CITY COUNCIL MEETING MINUTES MAY 15, 2001 PAGE 17 two hotel identification wall signs per building located on adjacent building elevations proposed). ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 2001-04429 granted (PC2001-43) (6 yes votes, Commissioner Boydstun absent). B6. VARIANCE NO. 2001-04430 179 CATEGORICALLY EXEMPT-CLASS 11: OWNER: Automobile Club of Southern California, Attn: Mr. Herman Fuette, 3333 Fairview Road, Costa Mesa, CA 92626 AGENT: Integrated Sign Associates, Attn: Andy Glover, 7020-F Havenhurst Avenue, Van Nuys, CA 91406 LOCATION: 5500 East Santa Ana Canvon Road. This irregularly shaped, approximately 2.9-acre property is located at the southwest corner of Santa Ana Canyon Road and Avenida Margarita. Waiver of permitted commercial center identification sign - one 26-square-foot sign on a 36-inch high wall permitted per street frontage; one 62-square-foot double-faced seven foot, four-inch-high monument sign proposed. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 2001-04430 granted (PC2001-44) (6 yes votes, Commissioner Boydstun absent). B7. CONDITIONAL USE PERMIT NO. 3832 179 AND NEGATIVE DECLARATION: OWNER: Kenneth W. Holt, 1557 West Mable Street, Anaheim, CA 92802 AGENT: David R. Jackson, c/o Fairmont Private School, 1557 West Mable Street, Anaheim, CA 92805 LOCATION: 1557 West Mable Street. This irregularly shaped, approximately 2.15-acre property has a frontage of 442 feet on the north side of Mable Street and is located 420 feet east of the centerline of Loara Street (Fairmont Private School). Requests reinstatement of this permit and deletion of a condition of approval pertaining to a time limitation (approved on April 15, 1996 to expire on April 15, 2001) to retain a previously approved temporary modular classroom building. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement of CUP No. 3832 with deletion of a time limitation (PC2001-45) (6 yes votes, Commissioner Boydstun absent). Negative Declaration previously approved. B8. GENERAL PLAN AMENDMENT NO. 2001-00389 155 GENERAL PLAN AMENDMENT NO. 2001-00390 179 RECLASSIFICATION NO. 2001-00044 RECLASSIFICATION NO. 2001-00045 AND NEGATIVE DECLARATION REQUEST FOR CITY COUNCIL REVIEW: OWNER: State of California, 3347 Michelson Drive, Suite 100, Irvine, CA 92612-0661 LOCATION: Parcel 1: This irregularly-shaped approximately 3.5-acre property is generally located south of the terminus of Crescent Avenue and northeast of the Santa Ana (1-5) Freeway, and has a maximum depth of 390 feet and is located 150 feet west of the centerline of Westmont Drive (1830 West Crescent Avenue). General Plan Amendment Nos. 2001-00389: A City-initiated amendment to the Land Use Element of the General Plan to redesignate certain properties from the Medium Density Residential land use designation to the Low-Medium Density Residential designation. --, - ---r---- ANAHEIM CITY COUNCIL MEETING MINUTES MAY 15, 2001 PAGE 18 Reclassification No. 2001-00044: Reclassification of this property from the RM-1200 (Residential, Multiple-Family) Zone to the RS-5000 (Residential, Single Family) or less intense Zone. LOCATION: Parcel 2: This irregularly-shaped 1.2-acre property is generally located southwest of the intersection of Glenoaks Avenue and Greenleaf Avenue, northeast of the Santa Ana (1-5) Freeway, and has a maximum depth of 363 feet (2030 West Greenleaf Avenue). General Plan Amendment No. 2001-00390: A City-initiated amendment to the Land Use Element of the General Plan to redesignate certain properties from the Medium Density Residential land use designation to the Low-Medium Density Residential designation. Reclassification No. 2001-00045: Reclassification of this property from the RM-1200 (Residential, Multiple-Family) Zone to the RM-2400 (Residential, Multiple-Family) or less intense Zone. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended adoption of Exhibit A to City Council for GPA No. 2001-00389 (PC2001- 49) (5 yes votes, Commissioner Vanderbilt abstained and Commissioner Boydstun absent). Reclassification No. 2001-00044 granted unconditionally (PC2001-50). Recommended adoption of Exhibit A to City Council for GPA No. 2001-00390 (PC2001- 51). Reclassification No. 2001-00045 granted unconditionally (PC2001-52). Approved Negative Declaration. Set for public hearing June 12, 2001, due to the general plan amendments. REPORTS AND RECOMMENDATIONS: 179 B9. CONDITIONAL USE PERMIT NO. 2469 AND NEGATIVE DECLARATION RETROACTIVE EXTENSION OF TIME: Paull. Kim Architect & Associates, 6280 Manchester Boulevard, Suite 219, Buena Park, CA. Request for a retroactive extension of time in order to comply with conditions of approval for a previously approved motel with accessory restaurant with sales of alcoholic beverages. Property is located at 711- 733 South Brookhurst Street (Brookhurst Plaza Inn). ACTION TAKEN BY THE PLANNING COMMISSION: Approved retroactive ex1ension of time for CUP NO. 2469 for one year to expire November 8, 2001 (6 yes votes, Commission Boydstun absent). Negative Declaration previously approved. 179 810. VARIANCE NO. 4381 AND NEGATIVE DECLARATION - REQUEST FOR RETROACTIVE EXTENSION OF TIME AND REVIEW OF FINAL PLANS: Phillip Bennett, 5535 East Cerritos Drive, Orange, CA 92869. Requests a retroactive extension of time to comply with conditions of approval and review of final site, floor, elevation, landscaping, and fencing plans, for a previously-approved three-lot sub-division to construct three detached, single-family residential homes. Property is located at 1312 West La Palma Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: Approved retroactive extension of time for Variance No. 2001-04436 for one year to expire December 6, 2001 (6 yes votes, Commission Boydstun absent). Items B11 throuah B18 From Plannina Commission Meetina of Mav 7.2001: (No action necessary unless Council desires to set a particular item for public hearing.) APPEAL PERIOD ENDS MAY 29,2001: ~-_._......-....-.._....- 179 179 ANAHEIM CITY COUNCIL MEETING MINUTES MAY 15, 2001 PAGE 19 B11. RECLASSIFICATION NO. 2001-00049 VARIANCE NO. 2001-04434 CATEGORICALLY EXEMPT - CLASS 31: INITIATED BY: City of Anaheim Redevelopment Agency, Attn: Elisa Stipkovich, 201 South Anaheim Boulevard, #1003, Anaheim, CA 92805 LOCATION: 110 North Rose Street. Property is 0.29 acres located at the northeast corner of Lincoln Avenue and Rose Street (Hatfield House). Reclassification No. 2001-00049: To reclassify subject property from the RM-1200 (Residential, Multiple-Family) Zone to the RS-7200 (Residential, Single-Family) Zone or a less intense zone. Variance No. 2001-04434: Waiver of (a) maximum fence height (DENIED), and (b) maximum height of accessory buildings to construct a new block wall and a two-story detached garage in conjunction with the relocation of an existing two-story, historically- significant, single-family residence (APPROVED). ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 2001-00049 granted unconditionally (PC2001-56) (7 yes votes). Variance No. 2001-04434 granted in part denying waiver (a) and approving waiver (b) (PC2001-57). B12. ENVIRONMENTAL IMPACT REPORT NO. 313 WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2001-04351: OWNER: Thomas E. Inch, PO Box 2999, Sedona, AZ 86339 AGENT: RCNA Corporation, Attn: Mr. Alex Irshaid, 218 North Lincoln Avenue, Suite 102, Corona, CA 92882 LOCATION: 2080 South Harbor Boulevard. Property is 0.65 acres located at the northeast corner of Harbor Boulevard and Orangewood Avenue (Doll City). To permit the conversion of an existing legal non-conforming retail building into a full- service, semi-enclosed restaurant with waiver of (a) utility equipment screening and location requirements (APPROVED), (b) minimum number of parking spaces (APPROVED), and (c) permitted number of wall signs and sign standard matrix requirements (APPROVED). ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 2001-04351 granted (PC2001-58) (6 yes votes, Commissioner Vanderbilt voted no). Waiver of code requirement: Waiver (a) approved (7 yes votes); waiver (b) approved (5 yes votes, Commissioners Bostwick and Vanderbilt voted no) and waiver (c) approved (5 yes votes, Commissioners Koos and Vanderbilt voted no). EIR No. 313 previously certified. Mayor Daly commented that there were waivers requested by the applicant and he asked if the Planning staff was comfortable with the action of the Planning Commission to approve the waivers since the Planning staff recommended approval of the waivers. In response to Mayor Daly, Planning Director. Joel Fick, stated that they had approved the waivers. He said that the Planning staff had also recommended approval of the conditional use permit for the conversion of the restaurant modifications to legal non-conforming buildings, which were permitted in the specific plans. The proposed changes would enhance the property's appearance by modifying the falfade and also installing new landscaping, he said. The Planning Department believed that it was an improvement to the property, ANAHEIM CITY COUNCIL MEETING MINUTES MAY 15, 2001 PAGE 20 Mayor Daly asked if the total signage would be one wall sign facing the west and the south and the one monument sign facing the two sided monument sign. Planning Director Fick pointed out that the conversion of the retail building to a restaurant would also bring the use into compliance from a land use input with the Anaheim Resort's Specific Plan. Therefore, he said, there were a lot of positives associated with the proposed change. Council Member Feldhaus asked if it was safe to say that some leniency was given because of the back-flow device as far as the set back and landscaping. Planning Director Fick responded that the Code required utility equipment to be located behind the set back area and fully screened. There were some really narrow sight constraints there and a six-foot setback. It would be painted green and he believed that everything would fit well. Mayor Daly commented that the project appeared to be a good reuse of the property. B13. 179 B14. 179 B15. 155 179 170 CONDITIONAL USE PERMIT NO. 4163 AND NEGATIVE DECLARATION: OWNER: Southern California Alcohol and Drug Programs, 11500 South Paramount Boulevard, Downey, CA 90241 LOCATION: 321 North State ColleQe Boulevard. Property is 0.69 acres, having a frontage of 91 feet on the west side of State College Boulevard located 310 feet south of the centerline of Redwood Avenue. Requests reinstatement of this permit by the modification of a Condition of Approval pertaining to a time limitation (originally approved on December 6,1999 to expire December 6, 2000) to retain a substance abuse recovery center for women and their dependent children. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement of CUP NO. 4163 for three years to expire May 7,2004 (PC2001-59) (6 yes votes, Commissioner Koos voted no). Negative Declaration previously approved. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2001-04350 AND NEGATIVE DECLARATION: OWNER: 935 South Gilbert Street Partners, L.P., 2600 Michelson Drive, Suite 1050, Irvine, CA 92612 AGENT: Meta Housing Corporation, Attn: Sean Clark, 4100 West Alameda Avenue, #205, Burbank, CA 91505 LOCATION: 935 South Gilbert Street. Property is 0.8 acres, having a frontage of 154 feet on the west side of Gilbert Street, located 203 feet north of the centerline of Ball Road. To construct a 34-unit "affordable" senior citizen's apartment complex with a density bonus, with waiver of (a) minimum building site area per dwelling unit (APPROVED), and (b) maximum structural height (APPROVED). ACTION TAKEN BY THE PLANNING COMMISSION: CUP No. 2001-04350 granted (PC2001-60) (6 yes votes, Commissioner Boydstun voted no). Approved waiver of code requirement Negative Declaration approved. GENERAL PLAN AMENDMENT NO. 2001-00392 RECLASSIFICATION NO. 2001-00048 ANAHEIM CITY COUNCIL MEETING MINUTES MAY 15, 2001 PAGE 21 VARIANCE NO. 2001-04433 TENTATIVE TRACT MAP NO. 16036 AND NEGATIVE DECLARATION REQUEST FOR CITY COUNCIL REVIEW: OWNER: Southridge Development, 22421 Gilberto, Suite A, Rancho Santa Margarita, CA 92856 AGENT: Robert D. Mickelson, PO Box 932, Orange, CA 92856 LOCATION: Property is 2.9 acres located at the northeast corner of Imperial Highway and Via Escola (no address). General Plan Amendment No. 2001-00392: Requests approval of a General Plan Amendment to redesignate subject property from the General Open Space land use designation to the Hillside Low Density Residential land use designation. Reclassification No. 2001-00048: To reclassify subject property from the RS-A-43,OOO (SC) (Residential/Agricultural; Scenic Corridor Overlay) Zone to the RS-7200 (SC) (Residential, Single-Family; Scenic Corridor Overlay) Zone. Variance No. 2001-04433: Waiver of (a) minimum lot depth adjacent to an arterial highway (APPROVED), (b) maximum wall height (de/eted), (c) minimum lot area (de/eted), (d) minimum lot width (APPROVED) and (e) orientation of residential structures (APPROVED), to establish a 11-lot, RS-7200(SC) Zone single-family subdivision for 11 detached residences. Tentative Tract Map No. 16036: To establish a 11-10t, RS-7200(SC) Zone subdivision for 11 single-family detached residences. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended adoption of Exhibit A for GPA No. 2001-00392 (PC2001-61) (7 yes votes). Reclassification No. 2001-00048 approved (PC2001-62). Variance No. 2001-04433 granted in part, approving waivers (a), (d) and (e) and denying waivers (b) and (c) (PC 2001-63). Tentative Tract Map No. 16036 approved. NOTE: TTM No. 16036 has a 10-day appeal period which expired May 17, 2001. Recommended review by Council. Approved Negative Declaration. Set for a public hearing June 19,2001, due to the general plan amendment. 179 B16. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2001-04347 AND NEGATIVE DECLARATION: OWNER: White Star Business Park, 1020 North Batavia, #B, Orange, CA 92867 AGENT: Richard Johnson, 2821 East White Star Avenue, #D, Anaheim, CA 92806 LOCATION: 2821 East White Star Avenue. Property is 2.1 acres located at the northeast corner of Blue Gum Street and White Star Avenue. To permit a cooperative art museum, gallery and meeting hall with waiver of the minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP No. 2001-04347 denied (PC2001-64) (7 yes votes). Waiver of code requirement denied. Approved Negative Declaration. Richard Johnson, 2821 East White Star, Unit D, said that his conditional use permit was recently denied by the Planning Commission. He believed that the cooperative art museum would be an asset to the community and all of the neighbors had signed a petition saying that . -"'_'''_0_'' ______~._~"'~__. '__'__~~._'_'_ __.__ ____..___~._..____~ ANAHEIM CITY COUNCIL MEETING MINUTES MAY 15, 2001 PAGE 22 they wanted the museum there. He requested Council grant the permit for two years until the lease was up and then the museum would move. He again asked the Council to give this project a special review as he felt that the City was lacking in independent art museums. He stated that they were members of the Art Council and that they had a booth in the upcoming children's fair. Mayor Daly commented to Mr. Johnson that the proposed museum was in the middle of an industrial neighborhood and Mr. Johnson responded that it was actually on the outskirts. It was on the corner of the end of the industrial area, he said. The only thing between the museum and La Palma was a big parking lot and the museum was directly across from the Anaheim Disposal center. Mayor Daly stated that the zoning in the general plan for the neighborhood that Mr. Johnson had chosen for the museum was an industrial neighborhood. The Planning staff analysis and recommendation on this was to encourage a location where museums fit better, such as commercial locations and he asked if he had looked at other locations. Mr. Johnson said that he had and he stated that he had called the City before he moved in and signed the lease. He also called Business Licensing and they did not say anything about Conditional Use Permits or problems. Business License had thought it would be fine, he said. He said that he did not realize any of this until he had already moved in and it went to Planning. Mayor Daly asked Mr. Johnson if he had spoken to Planning before selecting a location and Mr. Johnson stated that he did not know he had to since he had talked to Business Licensing like he did when he opened in Newport Beach. Mr. Johnson said that he had done this in Newport Beach for three years and had never talked to Planning. He noted that there were no plans for any modifications to the building, they just wanted to use the building and that they were just renters. Mayor Daly asked if he was still operating in Newport Beach and Mr. Johnson replied no, that he had stopped operating in Newport Beach six months ago because the owners of the building decided to sell their property to make it a parking lot for the airport. The neighbors were quite happy when they moved in, he said, and they thought the museum was a great idea. Mayor Daly asked how much space was needed for the museum and Mr. Johnson said that he could afford a 1,200 square foot space. He said that they were a group of artists that had to pay $35 per month each to have the space. He noted that they were independent and would not effect outside at all since they were strictly inside. Mayor Daly asked if Mr. Johnson had talked to Planning staff about other locations. Mr. Johnson responded that all that Planning had told him was that it was a commercial area and he said that the problem with commercial areas was that he also did performance art. He said that it was really hard to be next to a Starbucks when someone was banging on a piece of metal, calling it performance art. If you look at the Newport situation, he said, the museum had started in a commercial area and there were problems so the museum was moved over to an industrial area and there was never a problem again. Mr. Johnson said that the museum did not have the funds to move because it had not been able to open or raise money because the Planning Department would not let them. In Newport Beach, he said, they gave them a permit and then they had a problem with them, so they picked a new location in the industrial zone and gave them the choice of four buildings. -- -'--r- ..- 155 179 155 ANAHEIM CITY COUNCIL MEETING MINUTES MAY 15, 2001 PAGE 23 Mayor Daly suggested to Mr. Johnson that he should speak to the Planning staff and look at the zoning of the City and the locations where museums were permitted. Mr. Johnson said that they would like to have the museum in an industrial neighborhood. Council Member Tait commented that Mr. Johnson was probably asking for a chance to have a public hearing with the Council so that he could discuss this. Mr. Johnson had actually raised some interesting questions and Council Member Tait asked that this item be set for a public hearing, seconded by Council Member Kring. Set for public hearing June 19, 2001. Jonathon Cook, Senior Programmer Analyst for Foothill Transit in the San Gabriel Valley, a resident of the City of Fullerton and a member of the AAA Electoral Gallery asked to speak on behalf of the museum. Mayor Daly stated that the item had been set for a public hearing and public comments should wait for that time. REPORTS AND RECOMMENDATIONS B17. CEQA EXEMPTION - SECTION 15061lb)(3) REQUEST FOR PLANNING COMMISSION TO INITIATE APPLICATIONS FOR GENERAL PLAN AMENDMENT NO. 2001-00391. AMENDMENT NO.6 TO THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1. AMENDMENT NO.4 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2 AND AN AMENDMENT TO THE ANAHEIM RESORT PUBLIC REALM LANDSCAPE PROGRAM PERTAINING TO THE PROPOSED ANAHEIM RESORT THIRD THEME PARK PROJECT: Doug Moreland, Walt Disney World Co., P.O. Box 25020, Glendale, CA 91221-5020, request to consider initiation of applications for amendments to the City of Anaheim General Plan, The Disneyland Resort Specific Plan No. 92-1, the Anaheim Resort Specific Plan No. 92-2 and the Anaheim Resort Public Realm Landscape Program pertaining to the proposed Anaheim Resort Third Theme Park Project. The proposed Anaheim Resort Third Theme Park Project encompasses a total of approximately 92.7 acres In the City of Anaheim, California. The Project site consists of two components as follows: one component (the proposed 'Third Theme Park Overlay") encompasses approximately 77.6 acres generally located south of Katella Avenue and east of Harbor Boulevard, of which 52.9 acres are located within the Anaheim Resort Specific Plan Area, CoR District (this acreage is proposed to be redesignated as the Anaheim Resort "Future Expansion District") and 24.7 acres are located within The Disneyland Resort Specific Plan Area, Future Expansion District; and, the second component (the proposed "Disney Way Parking Area") encompasses approximately 15.1 acres generally located north of Disney Way, between Harbor Boulevard and Clementine Street within The Disneyland Resort Specific Plan Area, Parking District (East Parking Area). ACTION TAKEN BY THE PLANNING COMMISSION: Initiated applications for General Plan Amendment; Amendment to The Disneyland Resort Specific Plan No. 92-1; Amendment to the Anaheim Resort Specific Plan No. 92- 2; and an Amendment to the Anaheim Resort public Realm Landscape Program pertaining to the development of the Anaheim Resort Third Theme Park Project (PC2001-55). B18. GENERAL PLAN CONFORMITY NO. 2001-00001 - ANAHEIM CITY SCHOOL DISTRICT - REQUEST TO DETERMINE CONFORMANCE WITH ANAHEIM GENERAL PLAN FOR THE PROPOSED ACQUISITION OF REAL PROPERTY FOR -r- ANAHEIM CITY COUNCIL MEETING MINUTES MAY 15, 2001 PAGE 24 THE EXPANSION OF HORACE MANN ELEMENTARY SCHOOL: Anaheim City School District, 1411 South Anaheim Boulevard, Anaheim, CA 92805, request to determine conformance with the General Plan for the proposed school site acquisition for expansion of Horace Mann Elementary School. Property is located at 918 North Citron Street. ACTION TAKEN BY THE PLANNING COMMISSION: Determined to be in conformance with the Anaheim General Plan (6 yes votes, Commissioner Boydstun abstained). 179 Items B19 throuQh B20 From ZoninQ Administrator MeetinQ of Mav 3. 2001: (No action necessary unless Council desires to set a particular item for public hearing.) APPEAL PERIOD ENDS MAY 20,2001: B19. SPECIAL CIRCUMSTANCES WAIVER NO. 2001-00013. CATEGORICALLY EXEMPT - CLASS 4: OWNER: Wal-Mart, Attn: Tom Ohlendorf 440 N. Euclid Street, Anaheim, CA 92801 LOCATION: 440 N. Euclid Street. Property consists of 38.25 acres bounded on the north by Crescent Avenue, on the east by Loara Street, on the south by the Santa Ana (1-5) Freeway, and on the west by Euclid Street. Request for a Special Circumstances Waiver to permit the long term outdoor storage and display of merchandise for a retail store located within an existing regional shopping center in the CL (Commercial, Limited) Zone (Wal-Mart). ACTION TAKEN BY THE ZONING ADMINISTRATOR: Approved for the remainder of year 2001. In response to Mayor Daly regarding the rationale for allowing the special circumstance waiver, Zoning Administrator, Annika Santalahti stated that the specific location that would have the display set up was on the south side of the building and was not visible from any off site location. Wal-Mart may seek a Conditional Use to permit outdoor usage, she said. This was approved for a limited period for the remainder of the year for specific items that they had out which was basically some landscaping, umbrellas and a table. It was really approved because of the lack of visibility to the property. Planning Director, Joel Fick, said that the items that the Zoning Administrator referred to were two picnic tables, three swing sets and in addition to that, seasonal items such as a pumpkin patch and Christmas tree lots during those seasonal periods. Mr. Fick said it was really quite limited to specified items. Council Member Feldhaus noted that the Code said that it was for nine consecutive days and Zoning Administrator Santalahti said yes, up to four, nine consecutive days each time. Council Member Feldhaus said that one special event permit had been issued so far this year staff was offering them three additional. He also said that it was unusual for a person to request and pay the whole year in advance on their permits. Zoning Administrator Santalahti responded that it was basically dividing up the rest of the year by nine and that was what it would be. She explained that the special circumstance waiver was set up to look at certain types of special circumstances. In this instance, she said, her feeling was that there was a potential for them to obtain a Conditional Use Permit to have what they would like. Wal-Mart would need to address more permanently what it was they wanted to do, she said. It was a small area and was kind of an indentation in the building and she could not --r- " -.-..,-, .--'' . ANAHEIM CITY COUNCIL MEETING MINUTES MAY 15, 2001 PAGE 25 see it until she went over to it. It was located on the right, between the freeway, she said, and Wal-Mart was supposed to pay every nine days. Council Member Feldhaus noted that it was unusual for someone to indicate that they would like to fly balloons for nine days and wanted to do it five times this year and that they would want to pay for it in advance. The Zoning Administrator agreed that it was unusual and said that some auto dealers, for reasons specifically, had banners and permits for a longer period. In response to another question posed by Council, the estimated square footage of the set aside display area as 50 feet by 30 feet. In response to the concern that there was too much car traffic, the Zoning Administrator stated that this side of the building was less used for parking than the west facing side where the main entrance was to Wal-Mart and the other shops. The area being considered was south facing and facing the freeway, she said, but there was a wall between the freeway and the property. Council Member Feldhaus asked about emergency vehicles that would have to get in and out and Ms. Santalahti responded that one of the conditions of approval had to do with maintaining pedestrian clearance along the curb on that side. Mayor Daly said that the operation seemed to be spilling out of the building a little bit. It seemed that there was temporary storage on the east side of the building, near the Loara Street access, and he asked if that was allowed. Zoning Administrator Santalahti stated that this did not involve that location. The representative of Wal-Mart indicated that they had put out some tables and umbrellas for employees who smoked and they did not want them smoking at the front area. This generated interest in the location and that was how it developed. Mayor Daly asked if it would not interfere with pedestrians, parking flow or the appearance of the building and the Zoning Administrator responded that he was correct and she was not concerned, Ms. Santalahti said that Wal-Mart needed to look at this for the rest of the year and decide whether they wanted to keep doing something like this. If they did, she said, they would need to come back for a Conditional Use Permit, or whatever appropriate mechanism to permit an outdoor display area of some sort. Zoning Administrator Santalahti said that the only thing that was there for the remainder of the year were the picnic tables. She said that the potted plants would be out through October 1, 2001 and the assembled swing sets would be out through September 1, 2001. The pumpkin patches and Christmas trees were allowable separately. She was told that the picnic tables were not for sale, they were just there for the employees to smoke. She then offered the Council a copy of the small site plan. Mayor Daly said that he was concerned about the amount of asphalt at the Anaheim Plaza and not a lot of green space and limited landscaping areas and he did not want to have the content of the store spilling out. Planning Director Joel Fick said that all of the questions that were posed by Council were concerns that staff had on all major retailers and Planning was concerned when the uses were visible from public streets and when they impacted pedestrian flow and traffic flow. 179 B20. VARIANCE NO. 2000-04402 AND NEGATIVE DECLARATION: OWNER: Jerine A. Knox ANAHEIM CITY COUNCIL MEETING MINUTES MAY 15, 2001 PAGE 26 226 S. Glassell St., Orange, CA 92866 AGENT: Malkoff and Associates, Attn: Scott Minami 18456 Lincoln Circle, Villa Park, CA 92861 LOCATION: 1190 North Van Horne Wav. Property is 0.51 acre located at the southeast corner of Coronado Street and Van Horne Way. Request a modification or deletion of a condition of approval pertaining to permitted hours of operation for a previously-approved waiver to permit and retain existing 22-foot high ground-mounted equipment for a wood shop facility in the SP94-1, Development Area NO.1 (Industrial Area) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Accepted petitioner's request for withdrawal (including that Variance No. 2000-04402 will be terminated). 6:00 P.M. PUBLIC HEARINGS: There were no public hearings scheduled. Report on Closed Session Actions: None. Council Communications: Council Member Tait had three requests: (1) A staff report on Maag Ranch in light of the capital improvement and if there were any opportunities for purchase and development of that property as a sports facility; (2) agendizing a report and discussion of the 91 Freeway and specifically the status of what the State was doing and what Orange County Transit Authority's position was with the 91 Freeway; and (3) a report and discussion on the lawsuit from the City of Corona against the State on environmental impacts in their City from congestion and what the City could do to help alleviate the problem. Council Member McCracken announced that the Children's Festival would be held on Saturday, May 19, 2001, at Center Street Promenade, with a pancake breakfast at 8:00 A.M. and the Festival will be from 10:00 A.M. to 4:00 P.M. with free activities. Council Member Kring recognized the Veterans of this country. Council Member Feldhaus reminded everyone that Sunday, June 10, 2001 would be the 5th Annual Flag Day celebration in downtown Anaheim. Adjournment: There being no further business to come before the City Council, Mayor Daly adjourned the meeting at 7:52 P.M. Respectfully submitted: .::z2JaU/-i.iJcJ~tJL1- Sheryll sc~roeder, CMC/AAE City Clerk -- '---r-"'.