Loading...
2001/07/24 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING JULY 24, 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, City Engineer Gary Johnson, Traffic and Transportation Manager John Lower, Community Services Director Chris Jarvi, Civil Engineer Natalie Meeks, Zoning Division Manager Greg Hastings, Planning Director Joel Fick, Assistant City Manager Tom Wood. A copy of the agenda for the meeting of the Anaheim City Council was posted on July 20, 2001, at the City Hall inside and outside bulletin boards. Mayor Daly called the regular meeting to order at 4:05 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 Daly moved to recess to Closed Session, seconded by Council Member McCracken. Motion carried unanimously. The Council recessed to Closed Session at 4:05 P.M. 1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Agency designated representative: David Hill Employee organization: Anaheim Firefighters Association. 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: San Diego County Water Authority v. Metropolitan Water District, et aI., San Francisco Superior Court Case No. 32-02-17. 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: South Coast Cab Co., et al. v. City of Anaheim, et aI., Orange County Superior Court Case No. 80-03-59. 5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code: one potential case ....". ANAHEIM CITY COUNCIL MEETING MINUTES JULY 24, 2001 PAGE 2 Facts and circumstances: proposed award of taxicab franchises based upon several proposals submitted to the City; litigation has been threatened by an existing taxicab permit holder and certain proposers which may not be awarded franchises. AFTER RECESS: Mayor Daly called the regular Council meeting of July 24, 2001, to order at 5:24 P.M. and welcomed those in attendance. INVOCATION: Reverend Bryan Crow, Garden Church of Anaheim Hills FLAG SALUTE: Council Member McCracken At 5:25 P.M., Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Anaheim Housing Authority meetings. Mayor Daly reconvened the City Council meeting at 5:31 P.M. PUBLIC COMMENTS: James Robert Reade, 100 West Midway Drive, Space #124, asked that every police officer have training at the Simon Wisenthal Center and Museum of Tolerance at 9786 West Pico Boulevard, Los Angeles, and spoke regarding civil rights. David Blackman, 8845 Cloudview Way, addressed Item A33, appointment to the Investment Advisory Commission, and presented his qualifications to Council. Rachel Valentine, 5913 East Arno Crescent, presented a plaque declaring the trees in the Santa Ana Canyon Eucalyptus Grove were estimated to be over 100 years old. It was noted the trees would be registered on the National Registar of Historic trees. Mike Feeney, President of the Anaheim Fire Fighters Association, spoke of the accomplishments between the City and the Anaheim Fire Fighters Association. Larry Slagle, Yellow Cab Company of Northern Orange County, 1619 East Lincoln Avenue, commented that the number of permits and franchises to be issued needed to be addressed by Council. ADDITIONS/DELETIONS TO THE AGENDA: Item A19 was removed from the Consent Calendar as requested by City Manager Ruth. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions, seconded by Council Member McCracken. Motion carried unanimously. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A29: 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. Item A 19 was removed from the Consent Calendar and Council Member Tait voted no on the resolution under Item A29G. Mayor Daly d"1T 156 117 128 173 105 167 165 165 169 123 ANAHEIM CITY COUNCIL MEETING MINUTES JULY 24, 2001 PAGE 3 offered Resolutions Nos. 2001 R-195 through 2001 R-205 and Ordinance Nos. 5773 through 5775 for adoption. Motion carried unanimously A 1. Receive and file the Police Department's Crime and Clearance Analysis Report for June 2001; the Supplemental Law Enforcement Services Funds Report for the Fiscal Year 2000/2001; the Investment Portfolio Report for June 2001; the FCC Forms 1205 and 1240; the Monthly Financial Analysis presented by the Finance Director for eleven months ended May 31,2001; minutes of the Investment Advisory Commission meeting of February 20, 2001; and minutes of the Deferred Compensation Committee meeting of April 11, 2001. A2. Award the contract to the lowest responsible bidder, L.A. Signal, Inc., in the amount of $225,989 for the Harbor Boulevard North Intelligent Transportation System (ITS) from Lincoln Avenue to Ball Road and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. In response to Mayor Daly, Traffic and Transportation Manager John Lower said that the project did not include any of the changeable message signs that were part of the transportation project, it was a synchronization. A3. Award the contract to the lowest responsible bidder, R.J. Noble Company, in the amount of $114,290.68 for the Lakeview Avenue Street Improvements from Eisenhower Circle to La Palma Avenue and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A4. Award the contract to the lowest responsible bidder, R.J. Noble Company, in the amount of $1,086,349.14 to improve road conditions and restore pavements at La Palma Avenue between Lakeview Avenue and Imperial Highway and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A5. Release the lowest bidder, Excel Paving Company, from the bid and return the bid bond, award the contract to the next lowest responsible bidder, All American Asphalt, in the amount of $654,852.20 for the Santa Ana Canyon Road Project from Fairmont Boulevard to Anaheim Hills Road and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Council Member Tait asked what the criteria was for the return of the bid bond. City Attorney White stated that under the Government Code the "Relief from Bidders Act" provided that if the contractor submitted evidence to the public that the error was caused through a clerical calculation as opposed to a mistake in judgement in submitting its bid, the City or the public entity was then obligated to allow relief so that the bid bond would not be forfeited. City Attorney White recommended that Council relieve the bidder, approve the withdrawal of that bid and award to the second low bidder. A6. Approve the Agency-State Agreement for the Federal Aid Projects No. 12-5055, Program Supplement No. 088-M for the La Palma Avenue Improvement Project from Lakeview Avenue to Imperial Highway. -".. 123 123 123 106 170 170 158 176 123 160 160 ANAHEIM CITY COUNCIL MEETING MINUTES JULY 24, 2001 PAGE 4 A7. Approve the Agency-State Agreement for the Federal Aid Projects No. 12-5055, Program Supplement No. 090-M for the Lakeview Avenue Improvement Project from Eisenhower Circle South to La Palma Avenue. A8. Approve the Agency-State Agreement for the Federal Aid Projects No. 12-5055, Program Supplement No. 091-M for the Santa Ana Canyon Road Improvement Project from Anaheim Hills Road to Fairmont Boulevard. A9. Approve a third-year option to the Agreement between Computer Services Company and the City to extend the term of the traffic signal maintenance services agreement for one additional year. A 10. Adopt a seven-year Capital Improvement Program for all foreseeable transportation improvement projects, Measure M funding eligible. RESOLUTION NO. 2001R-195 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein [City Deed Nos. 10412 (RM/ 5620), 10413 (RM/5631), 10414 (RM/5629), 10409 (RM/5637) and 10415 (RIW 5643)]. A12. RESOLUTION NO. 2001 R-196 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain offers of dedication and public improvements in conjunction with the maps otTract Nos. 11856,12699,13154,13155,13267 and 14267. A11. 158 A13. RESOLUTION NO. 2001R-197 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain offers of dedication and public improvements in conjunction with the maps otTract Nos. 14733, 15144, 15123, 14952 and Parcel Map Nos. 84-233 and 83-237. A14. RESOLUTION NO. 2001R-198 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 10410, 10407 and 10408). A15. RESOLUTION NO. 2001R-199 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and services easements (Abandonment No. 2001-00039) (and setting a date and time to consider the abandonment of two electrical utility easements located generally north of Orangefair Lane and west of Raymond Avenue). A16. Accept the bid and authorize the execution of an agreement with Pacific Maintenance Company, in an amount not to exceed $226,720 for pressure washer cleaning for a one year period with two one year optional extensions and authorize the Purchasing Agent to execute the renewals in accordance with Bid #6144. A 17. Accept the low bid of Graybar Electric, in the amount of $184,546 (plus tax) for four automatic closed transition transfer switches in accordance with Bid #6193. A 18. Accept the bids from Spicers Paper, in an amount not to exceed $41,800 and Nationwide Papers, in an amount not to exceed $19,300 for various paper and envelopes as required for a one year period with three one year options to renew --n- 160 123 123 123 179 142 153 153 153 114 ~.~. ....". ANAHEIM CITY COUNCIL MEETING MINUTES JULY 24, 2001 PAGE 5 beginning August 1, 2001 and authorize the Purchasing Agent to exercise renewals in accordance with Bid #6194. A19. Waive the advertising and sealed bid requirements of Council Policy No. 306 and ratify the issuance of a purchase order to Pacific Bell, in an amount not to exceed $35,590, plus tax, for the upgrade/modification of the City's telephone system. Removed from Consent Calendar as requested by staff. A20. Approve the terms and conditions of the agreement with the Hernandez Cart Service, Inc., in an amount not to exceed $48,000 for the retrieval of abandoned shopping carts for the period of July 25, 2001 through June 30, 2002. A21. Approve and authorize the Community Development Department Executive Director to execute Amendment NO.2 to the Professional Service Agreement by and between the City and RRM Design Group for landscape architecture and urban design services. A22. Approve the Sixth Amendment to the contractual agreement between the City and E. Del Smith and Company, Inc., extending Washington, D.C. representation services from August 1, 2001 through July 31,2002 and approve the Third Amendment to the contractual agreement between the City and Michael J. Arnold and Associates, extending Sacramento, CA representation services from August 1, 2001 through July 31, 2002. A23. ORDINANCE NO. 5773 (ADOPTION) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Chapter 18.73 otTitle 18 of the Anaheim Municipal Code relating to Specific Plan No. 88-3 and amending Ordinance No. 5045, as previously amended, accordingly (The Pacificenter Anaheim Specific Plan, Adjustment No.1) (Introduced at the meeting of July 10, 2001, Item A38). A24. ORDINANCE NO. 5774 (ADOPTION) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending various chapters, sections, subsections and definitions of Title 1 of the Anaheim Municipal Code (Introduced at the meeting of July 10, 2001, Item A42). A25. RESOLUTION NO. 2001 R-200 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 00R-129 which established rates of compensation for job classifications designated as Fire Safety Management. A26. RESOLUTION NO. 2001 R-201 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Firefighters Association, Local No. 2899, and the City of Anaheim regarding Article 61 (Permanent Light Duty Program) of the Memorandum of Understanding. A27. RESOLUTION NO. 2001R-202 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of employment for employees in classifications represented by the Anaheim Firefighters Association, Local No. 2899. A28. Approve the minutes of the Council meetings held June 19, 2001 and July 10, 2001. 000 000 ANAHEIM CITY COUNCIL MEETING MINUTES JULY 24, 2001 PAGE 6 A29. Changes in fee schedules (Items G, 0 and P continued from June 19, 2001, Item A28 and July 10, 2001, Item A48).). G. RESOLUTION NO. 2001 R-203 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing the amount of the park in-lieu fee and rescinding Resolution No. 2000R-116 [Continued from Council meeting of June 19, 2001, Item A28(G) and July 10, 2001, Item A48(G)]. Council Member Tait expressed a no vote on Resolution No. 2001 R-203, adding that he did not believe that the land prices had gone up that much in the past year. He believed that it should be limited to just one year's increase in prices and the fee was too much. Mayor Daly referred to a memo received from staff recommending the two-step increase. He said that the first year would be a thirteen percent increase and there would be another proposed increase next year. He added that the fees in recent years had not kept pace with the true cost of land and building parks and he believed that the recommendation of staff to take it in two steps, which would be a thirteen percent this year, was reasonable and he was in support of the increase. In response to Council Member McCracken, Community Services Director Jarvi said that whether fee or land was accepted was a judgement of staff if it was over a 50-unit development. Council Member Feldhaus expressed his concerns about amounts paid by developers being passed on to the buyer. He believed that there should be an alternative to the contractors index. Council Member Kring believed that the existing homeowners had already paid for the parks that were currently in existence. She said she had a problem with the 23.3 percent and was glad that the staff had come down to the 13.3 percent for this year. Council Member Tait noted his concern with the large increase from last year which he believed was much greater than the land increase or construction cost increase and he believed that it should be closer to the construction price index, which would be a two to three percent increase. In response to Council Member Kring's question about the increase in fees, Community Services Director Jarvi stated that it was based on an application of a formula. He said the formula was a combination of three things: density of the unit, cost of land and the cost of development of the land. He added that there had not been a fee increase in the last five years. He said that the average cost of purchasing park land came out to $600,000 per acre. If a park fee was generated, he said, the law stated that it must benefit those people who had paid those fees and it must be spent within proximity of where it was collected. He said that the list of the fees provided for Council were right in the middle of other fees collected by other cities. Mayor Daly said that the City had to collect some revenue from the new homes otherwise there was a burden on the existing residences. As the Community Services Director, Chris Jarvi, had said, other cities were charging higher or similar fees and the new home buyers needed to pay their fair share. Council Member Tait moved to deny this resolution, seconded by Council Member Feldhaus. -.....". ANAHEIM CITY COUNCIL MEETING MINUTES JULY 24, 2001 PAGE 7 Roll call vote: Ayes - 2, Council Members Tait and Feldhaus. Noes - 3, Mayor Daly and Council Members McCracken and Kring. Abstain - O. Motion failed. 000 ORDINANCE NO. 5775 (ADOPTION) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Sections 17.08.250 and 17.08.260 of Chapter 17.08 of Title 17 of the Anaheim Municipal Code relating to park development and in-lieu fees (Introduced at the Council meeting of July 10, 2001). 000 O. RESOLUTION NO. 2001 R-204 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting new fee schedules for the Public Works Department of the City [Continued from Council meeting of June 19, 2001, Item A28(O) and July 10, 2001, Item A48(O)]. In response to Council Member Feldhaus, Public Works/City Engineer Johnson said that Public Works was looking at the Construction Cost Index which was two tenths of a percent and because it was so small, Public Works did not adjust any of their fees. Half of their fees had no change or a zero increase. The service fees were adjusted by four percent due to the average cost of labor. An in-lieu fee could be assessed and paid at the current time, he said, and the money was used for the improvements in that vicinity. The City Engineer offered to bring a report back to Council. 000 P. RESOLUTION NO. 2001 R-205 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a new schedule of sanitation charges [Continued from Council meeting of June 19, 2001, Item A28(P) and July 10, 2001, Item A48(P)]. END OF CONSENT CALENDAR A30. To consider the grant of up to three non-exclusive franchises for the purpose of 173 operating taxicab services in the City pursuant to City Charter Section 1401 and Anaheim Municipal Code Chapter 4.73. A. Approve the application of Yellow Cab Company of Northern Orange County for a non-exclusive franchise for the operation of 130 taxicabs and temporary permits for up to 30 additional taxicabs pursuant to the terms and conditions set forth in the applicant's proposal (Continued from Council Meetings of April 17, 2001, Item A48, June 12, 2001, Item C1 and July 10, 2001, Item C1). B. Approve the application of American Livery, Inc. dba American Taxi for a non- exclusive franchise for the operation of 50 taxicabs and temporary permits for up to 30 additional taxicabs pursuant to the terms and conditions set forth in the applicant's proposal (Continued from Council Meetings of April 17, 2001, Item A48, June 12, 2001, Item C1 and July 10,2001, Item C1). C. Approve the application of A White and Yellow Cab dba A Taxi Cab for a non- exclusive franchise for the operation of 50 taxicabs and temporary permits for up to 30 additional taxicabs pursuant to the terms and conditions set forth in the applicant's proposal (Continued from Council Meetings of April 17, 2001, Item A48, June 12, 2001, Item C1 and July 10, 2001, Item C1). D. Approve the application of Cabco, Inc. dba California Yellow Cab for a non-exclusive franchise for the operation of 50 taxicabs and temporary permits for up to 30 additional '''"TT ANAHEIM CITY COUNCIL MEETING MINUTES JULY 24, 2001 PAGE 8 taxicabs pursuant to the terms and conditions set forth in the applicant's proposal (Continued from Council Meetings of April 17, 2001, Item A48, June 12, 2001, Item C1 and July 10, 2001, Item C1). Mayor Daly moved to continue Item A30 for two weeks, seconded by Council Member McCracken. Ayes - 5, Mayor Daly and Council Members McCracken, Tait, Feldhaus and Kring. Noes - O. Motion carried unanimously to continue to August 7,2001. A31. Discuss and consider Jeffrey Farano's request for retroactive extension of time for 179 Conditional Use Permit No. 4057 and the Negative Declaration to allow time to comply with conditions of approval (originally approved on January 4,1999 with an extension to expire January 4, 2001) for a previously-approved outdoor recreational vehicle and boat self-storage facility with an on-site manager's office/living unit, located at 1631 South Euclid Street, Southern California Edison Easement. At the Planning Commission meeting of June 18, 2001, Conditional Use Permit No. 4084 was approved for a retroactive extension of time for one year to expire on January 4, 2002 and the Negative Declaration was previously approved by 6 yes votes, Commissioner Bristol was absent. (Continued for discussion purposes from Council meeting of July 10, 2001, Item B9, discussion requested by Mayor Daly and Council Member McCracken). City Clerk, Sheryll Schroeder, announced that this item had a request from staff to continue to August 21, 2001. Mayor Daly moved to continue Item A31 as recommended by the Planning Director, seconded by Council Member McCracken. Motion carried unanimously. A32. Discuss and consider term limits for Board and Commission members (Requested by Council Member Feldhaus at the Council meeting of July 10, 2001). Following discussion, Mayor Daly asked that the City Clerk compile numbers for the Council of what the average length of service was on the various boards and commissions. Mayor Daly moved to table the discussion until Council had the information from the City Clerk, seconded by Council Member McCracken. Ayes - 4: Mayor Daly, Council Members McCracken, Tait and Feldhaus. Noes - 1: Council Member Kring. Motion carried. Council Member Tait requested that the City Clerk provide the information prior to the next meeting. A33. Nominate and appoint a member to the Investment Advisory Commission, term to expire June 30, 2005 (Clarence Kaufman). Council Member McCracken moved, seconded by Council Member Kring, to continue Item A33 to August 7, 2001, in order to conduct research for a resolution of requirements pertaining to the Investment Advisory Commission. Motion carried unanimously. Items 61 throuClh 66 From PlanninCl Commission MeetinCl of Julv 2, 2001: (No action necessary unless Council desires to set a particular item for public hearing.) APPEAL PERIOD ENDS July 24, 2001: . ..,., ANAHEIM CITY COUNCIL MEETING MINUTES JULY 24, 2001 PAGE 9 179 B1. RECLASSIFICATION NO. 2000-00028 GENERAL PLAN AMENDMENT NO. 2000-00379 RECLASSIFICATION NO. 2000-00032 GENERAL PLAN AMENDMENT NO. 2000-00381 REQUEST FOR CITY COUNCIL REVIEW AND NEGATIVE DECLARATION: INITIATED BY: City of Anaheim, 200 South Anaheim Boulevard Anaheim, CA 92805 LOCATION A: This irregularly-shaped 2.49-acre property with a frontage of 300 feet on the south side of Crescent Avenue is located 300 feet east of the centerline of Dale Avenue (523 through 537 North Colgate Street; 2752 through 2768 West Stockton Avenue and 2752, 2754 West Crescent Avenue). Reclassification No. 2000-00028: A City-initiated reclassification from the RM-1200 (Residential, Multiple Family) to the RS-5000 (Residential, Single-Family) Zone or a less intense zone. LOCATION B: Parcel 1 : This irregularly-shaped 10.5-acre property is located at the northwest corner of Brookhurst Street and La Palma Avenue (1101 through 1111 North Brookhurst Street). Parcel 2: This irregularly-shaped 5.5-acre property is located at the northeast corner of Brookhurst Street and La Palma Avenue (1110 through 1142 North Brookhurst Street and 2141 through 2175 West La Palma Avenue). General Plan Amendment No. 2000-00379: A City-initiated amendment to the Land Use Element of the General Plan to redesignate certain properties as follows: Parcel 1 : from the General Industrial Land Use designation to the General Commercial Land Use designation; Parcel 2: from the low density residential and the Commercial Professional Land Use designations to the General Commercial Land Use designation. Reclassification No. 2000-00032: A City-initiated Reclassification of certain properties as follows: Parcel 1 : From the ML (Limited Industrial) and CG (Commercial, General) Zones to the CL (Commercial, Limited) Zone. LOCATION C: Parcel 1 : Property is approximately 4.59 acres located at the southeast corner of Crescent and Magnolia Avenues (2497 West Crescent Avenue and 430 through 590 North Magnolia Avenue). Parcel 2: Property is approximately 17.54 acres located at the southwest corner of Crescent Avenue and Gilbert Street (2400 through 2470 West Crescent Avenue and 511 through 541 North Gilbert Street). General Plan Amendment No. 2000-00381: A City-initiated amendment to the Land Use Element of the General Plan to redesignate certain properties as follows: Parcel 1: from the General Commercial land use designation to the Low-Medium Density Residential land use designation; Parcel 2: from the Medium Density Residential land use designation to the Low Density Residential land use designation. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 2000-00028 granted unconditionally (PC2001-85) (7 yes votes). Recommended adoption of Exhibit A of General Plan Amendment No. 2000-00379 (PC2001-86). Reclassification No. 2000-00032 granted (PC2001-87). Recommended adoption of Exhibit B of General Plan Amendment No. 2000-00381 (PC2001-88). Set for public hearing due the general plan amendments. 179 B2. CONDITIONAL USE PERMIT NO. 2001-04367 WAIVER OF CODE REQUIREMENT _u. "-,r 179 179 .-.......--,;- ANAHEIM CITY COUNCIL MEETING MINUTES JULY 24,2001 PAGE 10 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Frank W. Reitzel, 840 North Euclid Street, Suite #A Anaheim, California 92802 AGENT: Isaac G. Aguilar, 1905 East Santa Ana Street, Anaheim, CA 92801 LOCATION: 842 North Euclid Street. Property is approximately OA8-acres located at the northeast corner of Catalpa Drive and Euclid Street. Request for approval to establish conformity with existing Zoning Code land use requirements for an existing commercial retail center and to retain an unpermitted church with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2001-04367denied (PC2001-89) (4 yes votes, Arnold, Bostwick, Koos and Vanderbilt, 3 no votes, Boydstun, Bristol and Napoles). Waiver of Code Requirement denied. B3. CONDITIONAL USE PERMIT NO. 2001-04363 AND NEGATIVE DECLARATION: OWNER: Helen Goldman, Harvey Tepper, Robert and Renee Tepper Attn: Robert Tepper, 19500 Merridy Street, Northridge, CA 91324 AGENT: The Consulting Group, Inc. Attn: Dayna Aguirre, 18500 Von Karman Avenue, Suite #870, Irvine, CA 92612 LOCATION: 3440 West Lincoln Avenue. Property is approximately 1.2 acres located south of the southeast corner of Knott Street and Lincoln Avenue. To permit a telecommunications antenna with accessory ground-mounted equipment. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2001-04363 granted for five years to expire on July 2, 2006 (PC2001-90) (7 yes votes). Negative Declaration approved. 179 Following a discussion, Mayor Daly requested that Conditional Use Permit No. 2001-04363 be set for a public hearing, seconded by Council Member McCracken. Public hearing scheduled for August 21, 2001. B4. CONDITIONAL USE PERMIT NO. 2001-04384 AND NEGATIVE DECLARATION: OWNER: Brumleu Investments, L.P., Attn: Bob Brumleu 1700 South Lewis Street, Anaheim, CA 92805 AGENT: The Consulting Group, Attn: Paul Kim, 18500 Van Karman Avenue, Suite #870, Irvine, CA 92612 LOCATION: 1700 South Lewis Street. Property is approximately 7.7 acres, with a frontage of 375 feet on the east side of Lewis Street, located 230 feet south of the centerline of Howell Avenue. To permit a telecommunications antenna and accessory ground-mounted equipment. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2001-04384 granted for five years to expire on July 2,2006 (PC2001-91) (7 yes votes). Negative Declaration approved. B5. CONDITIONAL USE PERMIT NO. 2001-04382 WAIVER OF CODE REQUIREMENT AND NEGATIVE DECLARATION: ANAHEIM CITY COUNCIL MEETING MINUTES JULY 24, 2001 PAGE 11 B6. 179 OWNER: Southern California Alcohol and Drug Programs, Inc. 11500 Paramount Boulevard, Downey, CA 90241 AGENT: Lynne Appel, 11500 Paramount Boulevard Downey, CA 90241 LOCATION: 405 South Rose Street. Property is approximately 0.27 acres, with a frontage of 75 feet on the west side of Rose Street, located 310 feet north of the centerline of Santa Ana Street. To permit a transitional living facility within an existing apartment complex for recovering substance abuse mothers and their dependent children, with waiver of minimum number of required parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2001-04382 granted for three years to expire on July 2, 2004 (PC2001-92) (7 yes votes). Waiver of Code Requirement denied. Negative Declaration approved. CONDITIONAL USE PERMIT NO. 4166 RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL AND NEGATIVE DECLARATION: OWNER: International Sanga Buddhist Assoc. 8752 Westminster Boulevard, Westminster, CA 92683 AGENT: Paul KoU, 1225 West Lincoln Avenue, Anaheim, CA 92805 LOCATION: 610 South Sunkist Street. Property is approximately 1.07 acres with a frontage of 268 feet on the east side of Sunkist Street, located 400 feet north of the centerline of South Street. To permit modification of exhibits for a previously-approved cultural and meditation center with accessory caretaker's residence and a retroactive extension of time to comply with conditions of approval. ACTION TAKEN BY THE PLANNING COMMISSION: Approved modifications to Conditional Use Permit No. 4166 (PC2001-93) (7 yes votes). Approved two one-year extensions of time (one retroactive) to expire on December 6, 2002. Negative Declaration previously approved. 6:00 P.M. PUBLIC HEARINGS: C1. PUBLIC HEARING: At their meeting of June 19, 2001, Item A26, the Anaheim City Council adopted two resolutions. (1) Resolution No. 2001 R-154 initiating proceedings for the annual levy of assessments in, and accepting an assessment Engineer's report for Anaheim Resort Maintenance District and (2) Resolution No. 2001 R-155 declaring its intention to provide for an annual levy and collection of assessments in the Anaheim Resort Maintenance District for Fiscal Year 2001/02. 126 A brief staff report was presented by Assistant City Manager, Tom Wood. Mr. Wood stated that the ongoing funding of the Anaheim Resort Maintenance District was approved in 1999 by an 86.1 percent affirmative vote. The property owners within the Resort voted to self assess themselves to maintain the district, he said. The district's budget, he said, was fixed and the annual dollar amount was spread by formula to benefiting properties. This was accomplished by "'TT ANAHEIM CITY COUNCIL MEETING MINUTES JULY 24, 2001 PAGE 12 a contracted assessment engineer, he said, and Council would be taking action to accept the engineer's report and allowed for the transmittal of the assessment roll to the County Tax Collector. Mayor Daly opened the public hearing and hearing none, closed the public hearing. Mayor Daly offered Resolution No. 2001 R-206 for adoption. RESOLUTION NO. 2001R-206 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM confirming the diagram and assessment and providing for the levy of the annual assessment in and for the Anaheim Resort Maintenance District. Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes - O. Motion carried. C2. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 2001-00394 155 RECLASSIFICATION NO. 2001-00051 179 REQUEST CITY COUNCIL REVIEW AND NEGATIVE DECLARATION: OWNER: City of Anaheim Redevelopment Agency, Attn: Elisa Stipkovich, 201 South Anaheim Boulevard, #1003 Anaheim, CA 92805 LOCATION: 1025 -1109 East Lincoln Avenue. This rectangularly-shaped 0.66-acre property is located at the northwest corner of Lincoln Avenue and East Street. General Plan Amendment No. 2001-00394: An amendment to the Land Use Element of the Anaheim General Plan to redesignate this property from the Medium Density Residential land use designation to the General Commercial land use designation. Reclassification No. 2001-00051: To reclassify this property from RM-1200 (Residential, Multiple-Family) Zone and CL (Commercial, Limited) Zone to the CO (Commercial, Office and Professional) Zone to construct a three-unit office building. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended approval of Exhibit A to City Council for General Plan Amendment 2001- 00394 (PC2001-68) (7 yes votes). Reclassification No. 2001-00051 granted (PC2001-69). Approved Negative Declaration. (Informational item at the Council meeting of June 19, 2001, Item B2). City Clerk Schroeder announced that staff had requested a continuance of General Plan Amendment No. 2001-00394 to August 7,2001. Mayor Daly moved, seconded by Council Member McCracken, to continue General Plan Amendment No. 2001-00394 to August 7,2001. Motion carried unanimously. C3. PUBLIC HEARING - RECLASSIFICATION NO. 2001-00047 179 VARIANCE NO. 2001-04432 TENTATIVE PARCEL MAP NO. 2000-211 AND NEGATIVE DECLARATION OWNER: Donald Skjerven, 1020 North Batavia Street, Suite #Q, Orange, CA 92867 ----"11" .. ANAHEIM CITY COUNCIL MEETING MINUTES JULY 24, 2001 PAGE 13 LOCATION: 1628 West Orangewood Avenue. Property is approximately 0.43 acres with a frontage of 100 feet on the south side of Orangewood Avenue, located 100 feet east of the centerline of Della Lane. Reclassification No. 2001-00047: Request approval of Reclassification to this property from the RS-A-43,000 (Residential/Agricultural) Zone to the R~ (Residential, Single-Family) Zone. Variance No. 2001-04432: Waiver of (a) minimum lot depth, (b) minimum I minimum lot width, and (d) orientation of residential structures, to establish a 3-lot RS- 7200 zoned single-family residential subdivision. Tentative Parcel Map No. 2000-211: To establish a 3-lot, single-family residential subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Denied Reclassification No. 2001-00047 (PC2001-75) (5 yes votes, 1 no vote, Commissioner Bristol absent). Denied Variance No. 2001-04432 (PC2001-76). Denied Tentative Parcel Map No. 2000-211. Approved Negative Declaration. City Clerk, Sheryl I Schroeder, announced that the owner, Donald Skjerven, had requested a continuance to August 28, 2001. Council Member Kring declared a conflict. Irv Pickler, 2377 Mall Avenue, on behalf of the applicant, Don Skjerven, said that Barbara Sellek was involved in the property and needed to be present when the case was presented. She would not be available on August 28,2001 and Mr. Pickler asked if Council would consider a continuance to August 21, 2001, or October 2, 2001. Mayor Daly moved, seconded by Council Member McCracken, to continue the public hearing to August 21, 2001. Ayes - 4: Mayor Daly and Council Members McCracken, Tait and Feldhaus. Noes - O. Abstained: Council Member Kring. Motion carried. Report on Closed Session Actions: None. Council Communications: Council Member McCracken announced three upcoming events at Pearson Park Amphitheater: August 11, 2001, Anaheim Ballet presents Peter and the Wolf; August 19, 2001, Pacific Symphony Orchestra and August 25, 2001, Barber Shop Under the Stars Coral Spectacular. Council Member Feldhaus announced that Astronaut Tracy Caldwell will be the Grand Marshal of the annual Fall Festival and Halloween parade to be held October 27,2001. Adjournment: There being no further business to come before the City Council, Mayor Daly adjourned the meeting at 7:05 P.M. Respectfully submitted: ..........~ ANAHEIM CITY COUNCIL MEETING MINUTES JULY 24, 2001 PAGE 14 ~~ Sheryl! Schroeder, CMC/AAE City Clerk ~, ---""11"