Loading...
2000/03/28ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 28, 2000 The City Council of the City of Anaheim met in regular session. PRESENT: PRESENT: ABSENT: PRESENT: MAYOR: Tom Daly COUNCIL MEMBERS: Lucille Kring, Tom Tait, Shidey McCracken COUNCIL MEMBERS: Frank Feldhaus CITY MANAGER: Jim Ruth CITY ATTORNEY: Jack White CITY CLERK: Sheryll Schroeder PLANNING DIRECTOR: Joel Fick ZONING DIVISION MANAGER: Greg Hastings CONVENTION CENTER MANAGER: David Meeks COMMUNITY DEVELOPMENT: John Spalding A complete copy of the agenda for the meeting of the Anaheim City Council was posted at on March 24, 2000 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall) containing all items as shown herein. Mayor Pro Tern McCracken called workshop to order at 4:15 pm, (Mayor Daly entered shortly thereafter.) City Manager James Ruth introduced the second workshop requested by the Council on the proposed Charter amendments and he turned the presentation over to the City Attorney, Jack White. PROPOSED CHARTER AMENDMENTS: City Attorney White explained that the workshop had been continued from the March 21, 2000 workshop to review the 1999/2000 Charter Review Committee recommendations. He noted the three areas for discussion; Charter Section 1221, relating to the setting of utility rates; Section 703, relating to the powers and duties of the City Attorney and the request for preparation of an amendment to prohibit the City Council from hiring a special prosecutor and Section 10.200 through 10.203 pertaining to binding interest arbitration for firefighters. He noted he had provided a memorandum dated March 22, 2000 on each of the subjects with submittal material for their review. He discussed Charter Section 1221, setting of rates for water and electric utilities. He said he had provided the draft wording for the change being proposed entitled Revision No. 1, Attachment 12. He noted it was revised slightly from what was recommended by the Charter Committee. After the Committee completed its work, meetings among staff members indicated that it would not be necessary to amend that section as significantly as had originally been proposed by staff, He explained that the ~anguage that was being recommended related to empowering the Council to determine utility rates. He noted the setting of rates was currently done by cost of service and the proposed amendment would give the Council greater flexibility in determining how rates are set by allowing market factors to be taken into consideration in setting the rates, so that the utility could remain competitive with rates being charged by other utilities. Council Member Kring asked if it was the City's intent to always maintain a 15% lower rate. Brian Thomas, Assistant General Manager Pubtic Utilities, responded he thought the intent was to always keep the City's rates below Edison among all customer classes. Discussion occurred on the different customer classes, direct access and rate structures~ · /,epol umtel aq oi speau uo!lae qa!qM UO pue epua§e aql JO §up, sod Jalpa pJeMJOJ lq§noJq SaM ;JJ~qJ LUaJ! ue uo uo!lge e~e~ ol peeu e s! aJeql palou aH 'el!qM ,~euJoll¥ ,~1!C) :YQN~aY NO155:15 a:lsO'lD oJ. NOI.LlaaY · w'd ~I.:ff le pau.lnorpe doqs~JOM GL.il · w'd 0[::~ le 000~ '~ ~e~ Joj eLU!I pue elep eql les ol paeJ6e SaM I! pue pelnpaqos aq doqs)~JOM Jeqloue palsaBBns ilea JO/elAl 'lleM se weql 01 /~ldde plnOM SUO!S!AOJd awes e41 'peldope SaM 1! pue injssaoons 9JaM /~aql Jl 'UO!leZ!UeBJo leql ol alqeO!ldde 1! §u!~ew luawpuaw~ J~peq0 e Joj uo!l~led e ~elnoJi3 ol ~Aeq plnOM ~41 'UO~S~AoJd JOJ uo!jeJl!qJe 8u~pu~q aql ol eleleJ plnoM 'peldope J! '~els Xq pesodoJd slue~pu9~e aql pies XeuJollV ~l~O '/(I!C) aql uo pasoduJ! aq lq§!uJ leql uo!leJi!qJe §u!pu!q Jaqlo 'Il!lB UOlJnIB 9ql ,~q peJa^oo 9q Ol paJ!nbaJ aq PlnOM Sa!IIO JapeqO 9JnlnJ JaqlaqM §u!aq uo!lsenb 9ql 'pa§ueqoun anu!luoo ol SUO!$!AoJd Ja~JeqO 6u!ls!xa lJLuJad plnOM II!q 9ql U! 9BenBuel aql a~!l paNool 1! leql pepuodsaJ Il!Fl eAea pue ~1!0 eql l::>e~e plnoM li!l~ uo:pn~ aql MOq pause BUJJN JaquJaJA, J I!ounoo 'pa^oJdde/~llUaOaJ peq X941 leql ,~l)to!nb os §u!qlawos opun plnoM S J910^ 941 ,qa~!lun SaM J! pue 4SaJJ 001 SeM iu~wpuawe aq] 11~ ~aql ia41 loej ~41 o] palelaJ g Ja41o 941 6u!puawwooaJ lou pu!qeq 6u!uoseeJ a41 le41 peppe aH 'palsa66ns 6u~aq 9JaM le41 seaJe J9qlo u! s~91qo~d ~qi jo 1Ol e ioaJJoo plnOM uo!s!AoJd lasuns e 6u~pua~moo~J ~q Jeql uo!snlouoo eol aweo ~aql 'sJalqB!j~Jy jo Jaqwnu e ~oJj pJe~q aall~w~oo aql J~e leqj paAa!l~q ~q leql papuods~J Xawollv ~l!O aql pue paloa[eJ a JaM suo!lepuawwooaJ pasodoJd S XqM peHse 6upN Jaqwa~ I!ounoo 'J91JeqO alii U! Jaqwnu 9ql p99ox9 lou saop sJnoq Jo Jaqwnu lelOl all11eLl1 pue ~ped qoe9 o1 sJnoq jo Jaqwnu 9LUeS 9ql SEA!§ leql iBM e U! SSaC, oJd 9q1 96euew 01 19ued UO!leJl!qJe JaquJauJ-~ eql peJ!nbaJ 9Ben§ual pasodoJd 9ql p!es 9H 'sJnoq 09 le pa$!woJdLuoo pappe 9R 'JaJJeuJ uo!leJl!qJe luaJJnO aql u! pepuadx9 peq .fq!O 9ql aL.U!1 JO qlBUal aql passaJppe II!Fl 9AeO 'gM 46noJql ~l suo!lepuawuJooaJ ~els paloa[aJ e911!wwoc) 941 le41 '0 I, pue 6 '8 luawqoelle pa~Jew 9JaM 4O!qM 'J~ 9ql JO ~ lOlleq aql uo lnd ol paaoo.Jd I!ounoo papuawwooaJ /~9ql qO!qM JO 'J.JelS ,~q pasodoJd 9JaM leql JapeLJO aLii 01 $aJ.~uI->L,J'g 91q!ssod 8 le pmIool 99.P,!UJU. JOO Ma!Aa~:J JepeqO 9ql Pies 9Fl '~O~'Ol. LlBnoJql O0~'OI. uo!loa$ SaM UO!leJap!suo0 JOJ eaJe Ixau 'deo e SaM %ff ',~]!l!q!xay 9Aeq plnOM I!gunoo papuodsaJ 91!qM/(au Jolly /~1!0 'pun-I leJauac) aql ol o/ot~ jo de3 9ql §u!pJeBaJ §u!J)t JaqLUal/~ I!ounoo ~q pasod uo!isanb e uodrl 'sg!pnls 91eJ peseq le~tJeuJ pue se!pnls aleJ eoFues jo 1soo 9ql peu!eldx9 ue/~e!q6¥ 'JI61 'BU!llgS aleJ u! ,~l!l!q!xgy I!ounoo eql aaa6 1! 1eLI1 pgJgMSUe seuJoq/ 'JPl pue Jg:peqO 9ql ol e6ueLp JelnO!lJed leql pelueM ~gels /~qM pmtse J!el JequJe~l I!ounoC) 000 HO IVlR 'S=LLnNI -IIONnO0 A.LIO - VlN O..-II'IYD 'INI3HVN¥ ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 2000 MOTION. Mayor Daly moved to waive the 72-hour posting provision of the Brown Act thereby adding Item 2 (see below) to the Closed Session Agenda. Council Member McCracken seconded the motion. Council Member Feldhaus was absent. MOTION CARRIED. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Closed Session items. The following items are to be considered at the Closed Session. 1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existing Litigation: Name of Case: Vista Royale Homeowners Assn. v. 396 Investment Co. fka The Fieldstone Company, et al., Orange County Superior Court Case No. 77-30-74 (and related cases). CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECION 54956.9(a)- ExistinR Litigation: Name of Case: Mojtahed vs. City of Anaheim, O.C.S.C.C. 80-2340 By general consent, the Council recessed into Closed Session. (4:16 p.m.) AFTER RECESS: Mayor Daly called the regular Council meeting of March 28, 2000 to order at 5:09 p.m. and welcomed those in attendance. INVOCATION: Reverend Mary L. Hibbard, from the Anaheim United Methodist Church gave the invocation. FLAG SALUTE: Council Member Mayor Pro Tem Shirley McCracken led the assembly in the Pledge of Allegiance to the Flag. Announcement: Mayor Daly announced that Council Member Frank Feldhaus had a small medical emergency today and will not be at the Council meeting this evening. The word is, Frank will be fine and is expected to be at the next Council Meeting. 119: PROCLAMATION: The following Proclamation was authorized by the City Council: Proclaiming April 2000 as Tree Appreciation Month The Proclamation was accepted by Chris Jarvi, Director of Community Services. He is proud of the City's th Urban Forestry Program which has once again received the Tree City USA Award, the 14 year in a row. DECLARATIONS OF RECOGNITION: Declarations of Recognition were unanimously adopted by the City Council Recognizing Long-Term Employees on their retirement. Two employees were able to be present to accept - John AIbright, Vehicle Technician IV, 43 years of service in the Maintenance Department, and Robert Hirst, Fire Battalion Chief, 33 years of service in the Fire Department. Mr. Hirst commented on his years with the Fire service and the opportunities that presented themselves. He has had a wonderful career and was always impressed with the quality of people working for the City. Mayor Daly and Council Members personally congratulated and commended Mr. Albright and Hirst for their long and dedicated service to the City and citizens of Anaheim and wished them well in their retirement. ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES MARCH 2000 The following employees, unable to be present, will also receive Declarations: Utilities Department - Yusei Arakaki, 24 years; George Campbell, 30 years; Bobby Durbin, 29 years. Police Department - Joseph Bryan, 31 years; Robert Flores, 33 years; James Hawking, 27 years; George Kline, 36 years; Jackie Parra, 28 years; Hector Robles, 32 years. Public Works -- Ellis Williams, 29 years. Convention Center - Lawrence Robinson, 26 years. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency. (5:24 p.m.). Mayor Daly reconvened the City Council Meeting. (5:28 p.m.). ADDITIONS TO THE AGENDA: .City Attorney White noted there is a need to take action on two items today, Item B14 and Item B15, which were brought forward after the posting of the agenda thus requiring a waiver of the 72-hour posting provision of the Brown Act. MOTION: Mayor Daly moved to add Item B14 and B15 to the agenda (see B. portion of the agenda) waiving the 72-hour posting provision of the Brown Act. Council Member McCracken seconded the motion. Council Member Feldhaus was absent. MOTION CARRIED. ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. PUBLIC COMMENTS - AGENDA ITEMS: There were no public comments on City Council Agenda items. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,495,654.42 for the period ending March 27, 2000 in accordance with the 1999-2000 Budget, were approved. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Councit meeting of March 28, 2000. Council Member McCracken seconded the motion. Council Member Feldhaus was absent. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A22: 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. 2000R-59 and 2000R-60 both inclusive, for adoption. Mayor Daly offered Ordinance Nos. 5720 through 5723 for adoption and Ordinance No. 5724 for introduction. Refer to Resolution/Ordinance Book. Al. 118: Rejecting and denying certain claims filed against the City. Referred to Risk Management. The following claims were filed against the City and actions taken as recommended: a. Claim submitted by Antonio Alaniz for property damage sustained purportedly due to actions of the City on or about November 18, 1999 and January 4, 2000. b. Claim submitted by Ted R. Almazan for property damage sustained purportedly due to actions of the City on or about February 6, 2000. c. Claim submitted by Virginia Buford for property damage sustained purportedly due to actions of the City on or about December 1, 1999. 4 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 28, 2000 d. Claim submitted by Ana C. Gilkey for bodily injury sustained purportedly due to actions of the City on or about September 8, 1999. e. Claim submitted by Marvin Dale Jefferson, c/o Jeffrey A. Goldman for bodily injury sustained purportedly due to actions of the City on or about July 18, 1999. f. Claim submitted by Ronatd P. Leue for property damage sustained purportedly due to actions of the City on or about February 10, 2000. 156: Receive and file the Anaheim Police Department Crime and Clearance Analysis for the month of February, 2000. 105: Receive and file minutes of the Investment Advisory Commission meeting held November 16, 2000. 105: Receive and file minutes of the Golf Advisory Commission meeting held January 27, 2000. 128: Receive and file the Monthly Financial Analysis presented by the Finance Director for seven months ended January 31,2000. 117: Receive and file the Investment Portfolio Report for the month of February 2000, as submitted by the City Treasurer. 105: Receive and file minutes of the Anaheim Redevelopment and Housing Commission meeting held February 16, 2000. A3. 159: Award the contract to the lowest responsible bidder, Selmac, Inc., in the amount of $19,650 for lobby expansion for Public Works Streets and Sanitation Division at 400 East Vermont Avenue and approve and authorize the Finance Director to sign the Escrow Agreement pedaining to contract retentions. A4. 166: Award the contract to the lowest responsible bidder, A & M Construction, in the amount of $62,647.07 for entry monumentation sign improvement at Beach Boulevard, 1220 feet north of Lincoln Avenue and approve and authorize the Finance Director to sign the Escrow Agreement pertaining to contract retentions. A5. 164: Award the contract to the lowest responsible bidder, Clarke Contracting Corporation, in the amount of $340,769.50 for I-5 Freeway sewer relocation improvements and approve and authorize the Finance Director to sign the Escrow Agreement pertaining to contract retentions. Ae. 175: Award the contract to the lowest responsible bidder, GCI Construction, Inc., in the amount of $565,720 for Illinois Street water main replacement and approve and authorize the Finance Director to sign the Escrow Agreement pertaining to contract retentions. Mayor Daly. He has recently talked to Tom Wood, Assistant City Manager about a project elsewhere in the heart of the City closer to Harbor and North Street. He noticed that the contractor was not on the job five days a week and that relative to the signage, hazard signs, etc., he cannot always ascertain the intention of the contractor. He asked staff to submit their thoughts as to how some of the projects can be made as neighborhood friendly as possible so that the signage used designating no parking and the frequency of work can be dealt with so as to minimize inconvenience to the neighborhood. He also knows that contractors are given a certain number of work days to complete a project but has also noted some mysterious absences on the project he referred to. He asked the City Manager to bring the Council some thoughts, ideas and recommendations as to how to make these projects as comprehendible to the neighborhood as possible. 5 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 28, 2000 Council Member Tait. On the subject item, the contractor is given 60 days to complete ~he work and, if not complete, is fined $250/day in liquidated damages. He would like a report on how that figure was arrived at and what it would take to establish a greater amount; City Manager Ruth stated they would do so. A7. 175: Award the contract to the lowest responsible bidder, Lambco Engineering, Inc., in the amount of $1,194,942.69 for replacement of direct buried cable at various locations and approve and authorize the Finance Director to sign the Escrow Agreement pertaining to contract retentions. A8. 170: Approve the Final Map of Tract No. 15837 and authorize the Mayor and City Clerk to execute the Subdivision Agreement with Woodbridge Development. Said Tract is located at the end of Heath Terrace in the vicinity of Rio Grande Drive. A9. 123: Enter into Agreement C-0-0161 between the City of Anaheim and Orange County Transportation Authority (OCTA) to implement the TravelTIP interface which is an OCTA sponsored project designed to collect congestion and traffic incident information from traffic management centers. Al0. Authorize an Amendment to Agreement with Turner Construction Company in an amount not to exceed $256,200 to provide for additional project representative services to complete construction of the Anaheim Convention Center Enhancement Project. Mayor Daiy. He requested a two-week continuance of this item to provide an opportunity to talk to the City Manager to more fully understand some of the details. MOTION: Mayor Daly moved to continue Item Al0 for two weeks. Council Member McCracken seconded the motion. Council Member Feldhaus was absent. MOTION CARRIED. A11. 130: ORDINANCE NO. 5720 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM approving the Second Amended and Restated Franchise for collection, handling, transportation, processing, recycling and disposal of City solid waste to Taormina industries, LLC. (Introduced at the meeting of March 21,2000, Item A14.) 132: ORDINANCE NO. 5721 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending certain provisions of Chapter 10.10 of Title 10 of the Anaheim Municipal Code relating to solid waste collection and disposal. (Introduced at the meeting of March 21, 2000, Item A14.) A12. Authorize the City Manager or his designee to proceed with the Anaheim Resort Neighborhood Improvement Program - Neighborhood Identification and Enhancement Project in the area bordered by Ball Road, Anaheim Boulevard, and the I-5 Freeway, and to administer the project on behalf of the City. (Continued from the meeting of March 21,2000, Item A20.) City Manager Ruth. He requested John Spalding, Community Development, to give an overview of this item. Council Member McCracken. She has already spoken with Mr. Spalding relative to (1) neighborhood identification and (2) replacement of street signs. She has some reservations about the design of street s~gns and feels that they need to look at street sign design city wide, i.e., a program that is consistent across the City and not just for a particular neighborhood. John Spalding, Community Development. He first gave a (Power Point) slide presentation relative to the subject program developed with City staff and neighborhood group participation. The area involved is north of Guinida Lane, east of the 1-5 and south of Ball Road. He explained what transpired at the 6 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 28, 2000 meetings and the end results, one being that "Palm Village" was chosen as _the name for the neighborhood. The slides presented showed the proposed street signs, sign type and location, scale of the signs, etc. He clarified for the Mayor that, as depicted, Palm Village (identifying the neighborhood) will be added to the top of the street signs with a metal attachment. There will be five "gateway" signs at the perimeters of the neighborhood, those being Palm, Claremont, Iris, Winston and Midway. He also clarified that the gateway sign desing (8' cast aluminum with bronze lettering) is the one meant just for this neighborhood, but it is possible that the sign could become a standard. It does identify clearly that it is the City of Anaheim below the sign and then the actual name of the particular neighborhood. Council Member McCracken. In some communities, monument signs have been installed to designate the community. There are a number across the City who have done it through their Homeowner's Association or voluntarily. She asked Mr. Spalding to explain for the public why it was not done in this community. John Spalding. It has to do with the fact that there is limited space between the sidewalk and the curb. Many signs around the City were developed by developers and designating certain areas within their private property. They did not have that luxury in this neighborhood. Council Member McCracken. She asked that the two issues be separated. She believes it is positive for the neighborhood to have some identification and is supportive but feels there needs to be more work done on the street signs. The City needs new readable street signs. As well, none of the street signs in Anaheim identify the City of Anaheim whereas other cities do include the city name. She has concerns with identifying communities on the signs such as Palm Village since someone could think it was another town or City (other than Anaheim). She would like the street signage to say Anaheim across the top. She would also like staff to address the issue of new street signs for the entire City that can be replaced as signs are replaced across the City. The signs are not big enough to be able to read at a distance and they do not identify the City. She reiterated, she has no objection to the proposal if they separate the two issues. MOTION. Council Member McCracken moved approval of the subject neighborhood identification signs and that the street signs be referred back to City staff to implement a City-wide program for street signs. Council Member Kring seconded the motion. Before a vote was taken, Council Member Kring asked for confirmation if they have not already approved money in the past few months to start building new street signage. She knows that at Euclid and Katella they are broken and the signs are not readable, the larger intersection signs; Mayor Daly stated that was a separate subject and separate budget. Mayor Daly then clarified that the proposed action means that the gateway signage will go forward but the replacement of the individual local neighborhood street signs will be put on hold until staff brings a recommendation forward that coordinates the change on a City-wide basis. The Council would like to see options, costs and ideas in terms of phasing; Council Member McCracken stated she doesn't have any reluctance if they decide on one replacement sign City-wide, perhaps starting in this neighborhood. A vote was then taken on the foregoing motion. Council Member Feldhaus was absent. MOTION CARRIED. A13. 173: ORDINANCE NO, 5722 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 4.72.045 of Chapter 4.72 of Title 4 of the Anaheim Municipal Code relating to taxicabs (Taxicab Decals Required). (Introduced at the meeting of March 21, 2000, Item A3Q) A14. 123: Approve the Attorney Services Agreement with Atkinson, Andelson, Loya, Rudd & Romo to perform legal services on behalf of the City. 7 A15. A16. A17. A18. A19. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 28, 2000 160: Waive Councir Policy 306 and authorize the Purchasing Agent to issue a purchase order to Westnet Inc., in the amount of $40,982.50 for a First-in Fire Station Control System for the Anaheim Fire Department. 149: ORDINANCE NO. 5724 .(INTRODUCTION) AN ORDINANCE OF THE CiTY OF ANAHEIM amending Section 14.32.320 and Section 14.32.330 of Chapter 14.32 of Title 14 of the Anaheim Municipal Code relating to parking and stopping. 182: Approved the Strategic Five-Year Local Workforce Investment Plan to be submitted to the State as prepared by the Community DevelopmentJJTPA Department. 129: RESOLUTION NO. 2000R-59 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the submittal of an application for and acceptance of a grant in the amount of $106,469 per year for the next three years from the California Integrated Waste Management Board for a Used Oil and Household Hazardous Waste Recycling program and authorizing the Fire Chief to take any and all actions necessary to implement the program. 123: Approve an Interconnection Agreement for Net Energy Metering, and authorize the Public Utilities General Manager to execute the form agreements together with any revisions on behalf of the City and to take such actions as are necessary to implement said agreements. 173: ORDINANCE NO. 5723 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 4.72 of Title 4 of the Anaheim Municipal Code relating to temporary taxicab permits. (Introduced at the meeting of March 21,2000, Item A38.) 160: Ratify the issuance of a purchase order in the amount of $21,780 plus tax to The Trane Company for a 50-ton air-cooled chiller for Canyon Library. 113: RESOLUTION NO. 2000R-60 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (City Attorney records). Roll Call Vote on Resolution Nos. 2000R-59 and 2000R-60~ for adoption: AYES: MAYOR/COUNCIL MEMBERS: Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: Feldhaus The Mayor declared Resolution Nos. 2000R-59 and 2000R-60, duly passed and adopted. Roll Call Vote on Ordinance Nos. 5720 throuqh 5723 for adoption: AYES: MAYOR/COUNCIL MEMBERS: Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: Feldhaus The Mayor declared Ordinance Nos. 5720 through 5723 duly passed and adopted. END OF CONSENT CALENDAR. Council Member Feldhaus was absent. MOTIONS CARRIED. 8 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 28, 2000 A23. 121: CONTINUED CONDEMNATION HEARING - STATE COLLEGE BOULEVARD/SR-91 FREEWAY IMPROVEMENT PROJECT AREA: To consider the adoption of a resolution finding and determining the public interest and necessity to require condemnation of certain real property located in the State College Boulevard/SR-91 Freeway improvement project area and authorizing legal counsel for the City to proceed with said condemnation action. (Continued from the meeting of March 7, 2000 to this date, Item A26c.) See letters from Natalie Meeks, Development Services Manager/Public Works dated January 10 and January 21, 2000 sent to the property owner, John E. Biard and Carol D. Biard, Trustees, the first letter, an Offer of Acquisition of the subject property and the latter, Notice of Intention to Adopt a Resolution of Necessity for Acquisition of the Property - previously made a part of the record. Mayor Daly. This is the time for the hearing on the proposed acquisition by eminent domain of property located at 1419 and 1423 North State College Boulevard in connection with the State College Boulevard/SR91 Freeway Improvement Project. The property interests proposed to be acquired are legally described in the resolution attached to the staff report dated March 20, 2000. He asked for a staff presentation. Natalie Meeks, Development Services Manager/Public Works. The proposed improvements will coordinate with the interchange improvements implemented by Caltrans and are necessary to provide proper traffic movement along State College. They have been designed to join the Caltrans improvements, provide adequate traffic capacity, and minimize the impact of the required acquisitions. An acquisition offer has been made and the City's acquisitions consultant has been in negotiations with the property owner. To this date, however, the City has been unable to obtain an acquisition agreement for the parcel. She has reviewed the project with Russ Maguire, Deputy City Engineer who is overseeing the design and coordinating with Caltrans and has provided him with all of the documents submitted by Mr. Farano, the property owner's attorney. Staff has found that there is no feasible alternative that would reduce the acquisition area. She sent a letter to Mr. Farano dated March 15, 2000 which responded to suggested design modifications which she thereupon submitted. (See letter dated March 15, 2000 to Mr. Farano - made a part of the record.) Staff can continue to work with the property to mitigate the impacts and are currently having the consultant design alternate configurations for review by the property owner. Today, staff is recommending moving forward with the Resolution of Necessity in order to commence with the project this summer. Any delay will extend the time this interchange will remain incomplete and it will continue to impact all the properties at this location. Mayor Daly then opened the Public Hearing and asked if anyone was present wishing to testify on this matter; from the audience, two people raised their hands. Mayor Daly continued, in conducting the hearing, they will take testimony from the owner of record or a designated representative of the property with testimony limited to the following issues only: (1) Whether the public interest and necessity require the project, (2) whether the project is planned and located in a manner that will be most compatible with the greatest public good and least private injury, (3) whether the property sought to be acquired is necessary for the project, (4) whether the offer required by Government Code Section 7267.2 has been made to the owner or owners of record, (5) whether the City has met all other prerequisites to the exercise of eminent domain in connection with the property. He then invited the owner or representative for the property to address the Council. Jeff Farano, Attorney at Law, Farano & Kieviet, 2300 E. Katella Ave., Ste. 235, Anaheim. He is present on behalf of the Biard Family Trust, the owner of the property in question. He then briefed portions of his three-page letter, with attachments, dated March 27, 2000 opposing the adoption of the proposed Resolution of Necessity (letter previously made a part of the record). The letter described the existing ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES MARCH 28, 2000 business/property, the widening project, the impact to the business, the City's offer and mitigations proposed, widening alternatives, and parking/circulation alternatives. The main objection is, while only nine to eleven feet is being taken along State College, the loss will effectively prevent the property from being used for its current use and possibly any future use. The Biard's believe that there are other options to widen State College while at the same time easing the public injury that is resulting to their property. They have discussed those alternatives with staff but have come to no resolution. They believe the City is not fully recognizing the impact the take is going to have on the property owner and the possible alternatives have not been pursued. He thereupon submitted diagrams prepared for the purpose of demonstrating the points he is making tonight. (See five diagrams prepared by WPA Traffic Engineering, Inc. along with a diagram of the City's proposed parking lot configuration and an engineering drawing showing the details/specifications of the street segment involved and the configuration of the off-ramp - made a part of the record). The following were the main concerns broached by Mr. Farano: There are 29 parking spaces on the site. As a result of the take, the business will be losing nine parking stalls along State College. Customer parking spaces are in the front of the building. Staff has recommended a solution that would retain seven spaces by reconfiguring the spaces, a solution which is not feasible. He explained why. Another recommendation to make the rear warehouse entrance into a customer entrance also is not feasible because the rear warehouse door is used primarily as a service entrance for delivery of inventory. The City cannot make the finding that the project will be most compatible with the greatest public good and least private injury. They believe there are other alternatives that would accomplish what the City needs while at the same time not taking the property. He then explained, in answer to Council Member Kring, relative to alternatives to the taking, he believes there could be adjustments made in the widening of the street where the City could come up with at least 10 more feet thus eliminating the need for the take. He does not believe sufficient efforts have been made in talking to Caltrans to make these modifications. Mr. Wes Pringle, WPA Traffic Engineering, Inc., Laguna Hills. They prepared the drawings submitted that indicate the turning moves and the radius of the vehicles. He is present to answer any questions. Mayor Daly asked staff to respond; Natalie Meeks. The appraisal that was done by the City did conclude that the diagonal parking spaces would work for the customers. The 11' lane around the building would require relocation of the air conditioning unit and modification of the front door, but the lane was adequate for passenger vehicles. The delivery trucks do not utilize the parking spaces at this time, they did not analyze that for truck traffic and the trucks go to the back of the building directly. The property owner may want to look at other alternatives. Staff has talked to the owner about potentially relocating the entrances of the buildings to the back side. There is room in the back and the area is presently used as a staging area for some of the plumbing supplies. It would not need to be modified. There is also an alternative of keeping the plumbing entrances at the front of the store and relocating the carpet entrance to the back so that the customer parking is separate. These are all alternatives that the consultant is in the process of designing and will have available next week. The appraisal has provided an adequate solution. If the owner wants something different, staff is willing to work with him on that. Relative to the issues regarding lane widths and median widths, the project has been under discussion and coordination with Caltrans for a number of years and staff worked with them in the past to try to minimize the take. The lane width at the curb is narrower than what their standard is and they will not go any narrower. What they wanted was a 14' lane width. The parkway is 9' instead of 10'. A Fact Sheet was submitted to Caltrans to get the modification to reduce the parkway width. Mayor Daly asked if she saw any opportunities for a smaller take; Ms. Meeks answered no and briefed the reasons why. Mayor Daly closed the Public Hearing. Council Member Tait posed a line of questions, answered by Ms. Meeks, during which she confirmed that the only issue to be decided tonight was the adoption of the Resolution of Necessity, that as far as loss in 10 ANAHEIM, CALIFORNIA - CiTY COUNCIL MINUTES, MARCH 28, 2000 value of the property, that is a decision to be made at a future date, and that there is an absolute need for the improvement. Council Member Kring. It seems to her the business would be losing a great deal of good will and also business if the take goes forward. Although the Public Hearing was continued three weeks, it does not seem that much resolution has come to pass. Natalie Meeks. She asked the property owner to submit alternatives the City could look at but they have indicated they would prefer that the City's consultant(s) come up with alternatives which they could review. Staff is struggling to come up with something that they think will work for the owner; Jeff Farano. The 91 Freeway widening has been taking place for several years. Construction has been very substantial in front of the property and there has been a loss of business because of that construction. They do not feel they should have to hire consultants when the property is being taken by the City. If the City can provide alternatives that will satisfy them, they will gladly consider those. The alternatives proposed thus far do not make any sense. He asked that they either fix what they have now or relocate the business to another place so that he can continue his business. Council Member Kring asked if the City is willing to do a full take instead of a partial one; Ms. Meeks answered, at this point, they do not feel a full take is necessary and there is enough property to recover parking. She does not believe that the parking cannot be reconfigured with modification to the building. A full take is extreme and is not feasible at this time. David Cosgrove, Special Counsel (for the City), Rutan and Tucker. They cannot responsibly at this point recommend a full take. The architect has indicated with certain reconfigurations, vehicular access can be maintained. There is a minor loss in parking but there is nothing at this time that would justify recommending to the Council taking on those additional funds particularly when it would entail a claim for business good will as well as real property. Further discussion and questioning followed wherein staff and Mr. Cosgrove gave additional input for purposes of clarification. At the conclusion, Council Member Kring asked, if the take did not take place, what are the options. Natalie Meeks answered they could then not go forward with the project and the parcel is right next to the freeway on-ramp. Staff would have to take direction from Council as to whether they want to move forward with the project or leave the interchange incomplete. Mayor Daly. The project needs to go forward. He thereupon offered a resolution for adoption determining the public interest and necessity for acquisition of a portion of certain real property located at 1419 and 1423 North State College Boulevard for the purposes of conducting roadway improvement (R/W 5175-6A and 6B). Before action was taken, the City Attorney explained since only four Council Members are present, the resolution will require a unanimous vote for adoption. He also explained for the Mayor if not four votes, it is possible to continue the decision. A vote was then taken on the proposed resolution. Ayes: Tait, McCracken, Daly. No: Kring. Absent: Feldhaus. The resolution failed to carry since, in this case, four affirmative votes are required. City Attorney White. According to Councii Rule 3d, Paragraph 1, since the resolution received more aye votes than no votes but not a sufficient number for adoption this evening, and since one member of the Council is absent who could have voted on the item, by Council rule, this matter is automatically continued to the next Council meeting (April 11,2000) for a decision. 11 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 28, 2000 Mayor Daly asked if the Public Hearing portion is continued as well; City Attorney White. The Public Hearing was closed so there will be no further testimony unless the Council opens the hearing and keeps it open. Since they have not done so, there will be no further testimony. Mayor Daly. A decision on the item is continued to the next regular meeting as a result of the insufficiency of the four-vote requirement. Items B1 through B9 From Planning Commission Meeting of March 13, 2000: (No action necessary unless Council desires to set a particular item for public hearing) APPEAL PERIOD ENDS APRIL 4, 2000: BI. 179: Waiver of Code Requirement, Conditional Use Permit No. 4183 and Mitigated Negative Declaration: OWNER: All American Petroleum Corp., Attn: Jerry Zomorodian, 301 South Anaheim Boulevard, Anaheim, CA 92805 AGENT: Dennis McCollough, 17875 Von Karman Avenue #301, Irvine, CA 92614 LOCATION: 1037 West Ball Road - Arco Service Station. Property is 0.35 acres located at the northwest corner of Ball Road and West Street. To permit the remodel and expansion of an existing legal non-conforming service station and convenience market with waivers of (a) minimum number of parking spaces - APPROVED, (b) minimum interior setback area - APPROVED, (c) required wall screening - APPROVED, and (d) maximum number and size of wall signs - APPROVED IN PART (maximum size of signs deleted). ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4183 GRANTED IN PART approving waivers (a), (b) and (c) and waiver (d) approved in part (PC2000-22) (7 yes votes). Waiver of Code Requirement approved in part. Approved Mitigated Negative Declaration and amended Mitigation Monitoring Plan No. 30. Mayor Daly posed questions for purposes of clarification which were answered by Planning Director, Joel Fick who also confirmed that staff was comfortable with the added conditions and the actions that have taken place relative to this project. B2. 179: Waiver of Code Requirement, Conditional Use Permit No. 4170 and Negative Declaration: OWNER: Canyon United Methodist Church, Attn: David Wynn, President, Board of Trustees, 101 Chaparral Court, Anaheim, CA 92808 AGENT: Greg Hammill, 414 S. Femhill Lane, Anaheim, CA 92807 LOCATION: 101 Chaparral Court. Property is 1.3 acres located at the southwest corner of Kaiser Boulevard and Chaparral Court (Light of the Canyon United Methodist Church). To permit a two-story, 35 to 40 foot high church facility with accessory training center classrooms and roof mounted equipment with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4170 GRANTED (PC2000-23) (7 yes votes). Approved Waiver of Code Requirement. Approved Negative Declaration. 12 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 28, 2000 B3. 179: Reclassification No. 99-00-16, Waiver of Code Requirement Conditional Use Permit No. 4178 and Negative Declaration: OWNER: David and Sandra Huarte, Trustees of the, Joseph Huarte Trust UDT, 5036 Tierra Del Crc, Carlsbad, CA 92008-4350 AGENT: Joseph Boules, 20575 Easthill Drive, Yorba Linda, CA 92887 LOCATION: 891 South State Colleqe Boulevard. Property is 1.54 acres located at the northwest corner of Vermont Avenue and State College Boulevard (St. Verna Orthodox Coptic Church). Reclassification No. 99-00-16 - To reclassify subject property from CL (Commercial, Limited) Zone, RM-1200 (Residential, Multiple-Family) Zone and RS-7200 (Residential, Single-Family) Zone to RS-A-43,000 (Residential, Agricultural) Zone. Conditional Use Permit No. 4178 - To construct a church facility (including a multiple purpose assembly hail and Sunday school classrooms) in three phases, including temporary trailers for church use before and during construction with waiver of required setback for institutional uses adjacent to residential zones - APPROVED, (b) minimum number of parking spaces - APPROVED, (c) maximum structural height - APPROVED, (d) required front yard setback - APPROVED, (e) required rear yard setback - DENIED and (f) minimum dimensions of parking spaces - DENIED. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 99-00-16 GRANTED UNCONDITIONALLY (PC2000-24) (7 yes votes). CUP NO. 4178 GRANTED IN PART, approving waivers (a), (b), (c) and (d), and denying waivers (e) and (f) (PC2000-25) (6 yes votes, Commission Koos voted no). Waiver of code Requirement APPROVED, IN PART. Approved Negative Declaration. Council Member McCracken. She is concerned having read the reports and the minutes of the Planning Commission Meeting with the parking issue and the size of the proposed building on 1.5 acres. She sees the possibility of overflow parking onto City streets or into a public park. She feels a review is in order. Mayor Daly. He wanted to clarify the Planning Commission action - whether it was consistent with staff recommendation or different; Greg Hastings, Zoning Division Manager. Staff had a concern with a couple of the waivers but found justification at the meeting. A parking study was prepared for the project. Mayor Daly. He was contacted just before the meeting by some of the neighbors. He does not know what all of the questions and issues are. He agrees with Council Member McOracken. Council Member McCracken requested a review of the Planning Commission's decision on CUP 4178 concurred in by Mayor Daly; therefore, a Public Hearing will be scheduled at a later date. B4. 179: Northeast Area Specific Plan No. 94-1, Amendment No. 01 and Negative Declaration: OWNER: Medtronic, Inc., 3850 Victoria Street North, Shoreview, MN 55126 AGENT: Hogle-lreland, Inc., Attn: Kelly Carlyle, 4200 Latham Street, Suite B, Riverside, CA 92501 LOCATION: 4633 East La Palma Avenue. Property is 1.82 acres located at the northeast corner of La Palma Avenue and Hancock Street. Request an amendment to the Northeast Area Specific Plan (Anaheim Canyon Business Center) to reclassify the subject property from the SP94-1, Development Area No. 5 - Commercial Area to the SP94-1, Development Area No. 2 - Expanded Industrial Area. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended adoption to the City Council of the Northeast Area Specific Plan No. 94-1, Amendment No. 1 (PC2000-26) (7 yes votes). Approved Negative Declaration. 13 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 28, 2000 SET FOR PUBLIC HEARING ON APRIL 18, 2000, DUE TO SPECIFIC PLAN. B5. 179: Conditional Use Permit No. 4099 and Negative Declaration: OWNER: Dong Hee Kang, 559 South Olive Street, Anaheim, CA 92805 AGENT: Jae J. Chung, 10042 Lampson Avenue, Garden Grove, CA 92840 LOCATION: 559 South Olive Street and 313 East Water Street. Property consists of two parcels of land. Parcel '1 is 0.23 acre located at the northwest corner of Water Street and Olive Street. Parcel 2 is 0.12 acre located on the north side of Water Street, 140 feet west of the centerline of Olive Street. Request to revise site plans and amend or delete conditions of approval pertaining to time limitations and construction timeframes for a previously-approved liquor store/convenienca market and coin-operated laundry facility (now proposed as a retail store). ACTION TAKEN BY THE PLANNING COMMISSION: Request to revise site plans and amend the conditions of approval was withdrawn by the applicant. B6. 179: Conditional Use Permit No. 3939 and Nef:lative Declaration: OWNER: Changiz and Rebecca Zomorodian, 25105 Mustang Drive, Laguna Hills, CA 92653 LOCATION: 301 South Anaheim Boulevard. Property is 0.93 acres located at the southwest corner of Broadway and Anaheim Boulevard (Arco Service Station). Request to amend conditions of approval pertaining to exhibits on file to allow for a full service car wash facility in conjunction with a previously-approved service station including a convenience market with the sales of beer and wine for off-premises consumption, a drive-through car wash and two fast food restaurants. ACTION TAKEN BY THE PLANNING COMMISSION: Approved amendment to conditions of approval for CUP NO. 3939 (PC2000-27) (7 yes votes). Negative Declaration previously approved. Mayor Daly. In reading the staff report, Planning Staff had a concern about the proposed addition of a kiosk and a car-detailing area. The Planning Commission appeared to approve the project with the inclusion of the new detailing area but it was unclear whether the kiosk was approved or not. He specifically noted condition No. 44. Joel Fick, Planning Director. The condition refers to both types of functions on the site. There is a small kiosk area in the rear portion. Staff was comfortable with that. Further, based upon the design presented, the kiosk will not be visible from the street. B7. 179: Waiver of Code Requirement, Conditional Use Permit No. 4179 And Ne.qative Declaration: OWNER: Mark S. La Morte and Eileen J. La Mode, 17351 Walnut, Yorba Linda, CA 92886 AGENT: Dennis Wheeler, 5290 Via Cervantes, Yorba Linda, CA 92887 LOCATION: 3830 East Miraloma Avenue. Property is 0.41 acres located on the south side of Miraloma Avenue, 379 feet east of the centerline of Jefferson Street. To permit contractor's storage yard with waiver of (a) minimum structural setback and (b) required landscaping for outdoor uses. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4179 GRANTED IN PART, for 12 years to expire March 13, 2012 (PC2000-28) (7 yes votes). Denied Waiver of Code Requirement. Approved Negative Declaration. 14 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 28, 2000 B8. B9. 155: General Plan Amendment No. 372 and Negative Declaration: INITIATED BY: City-initiated (Planning Department), 200 South Anaheim Boulevard, Anaheim, CA 92895 LOCATION: 910 South Euclid Street. Property is 0.79 acres located on the east side of Euclid Street, 548 feet north of the centerline of Ball Road. City-initiated amendment to the Land Use Element of the General Plan to redesignate this area from the Medium Density Residential designation to the General Commercial designation. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended Council approval of GPA 372 and adoption of Exhibit "A" (PC2000-29) (7 yes votes). Approved Negative Declaration. SET FOR PUBLIC HEARING APRIL 18, 2000, DUE TO GENERAL PLAN AMENDMENT. 155: General Plan Amendment No. 373~ General Plan Amendment No. 374 and Negative Declaration: INITIATED BY: City-initiated (Planning Department), 200 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION: Portion A- 527 South Knott Street. Property is 0.5 acres located at the northwest corner of Knott Street and Orange Avenue. LOCATION: Portion B - 500-508 South Knott Street. Property is 0.5 acres located north of the northeast corner of Knott Street and Orange Avenue. City-initiated amendment to the Land Use Element of the General Plan to redesignate certain properties from the Medium Density Residential designation to the General Commercial designation. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended to City Council approval of GPA 373 and GPA 374 and adoption of Exhibit "A" for each amendment (PC2000-30 and PC2000-31 ) (7 yes votes). Approved Negative Declaration. SET FOR PUBLIC HEARING APRIL 18, 2000, DUE TO GENERAL PLAN AMENDMENTS. END OF THE PLANNING COMMISSION ITEMS. Items B10 through BI'I From Zoning Administrator Meeting of March 9, 2000: (No action necessary unless Council desires to set a particular item for public hearing) APPEAL PERIOD ENDS MARCH 31,2000: BIO. 179: Administrative Adjustment No. 187, CEQA Categorical Exemption {Section 15061(b)(3) OWNER: Vendy Borsca, 226 South Grand Avenue, Anaheim, CA 92804 LOCATION: 226 South Grand Avenue: Property is 0.17 acres, having a frontage of approximately 64 feet on the east side of Grand Avenue and a maximum depth of 113 feet located 410 feet south of the centerline of Del Monte Drive. Waiver of maximum fence height (3 feet permitted; 4 feet proposed) to retain an existing 4-foot high block wall and wrought iron fence (partially constructed) within the required front yard of a single- famiiy residence in the RS-7200 (Residential, Single-Family) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 187 DENIED (ZA DECISION NO. 2000-12). 15 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 2000 Blli 179: Variance No. 43887 Categorically Exempt - Class 3: OWNER: Larry Goebel, 5130 Vista Montana, Yorba Linda, CA 92886 AGENT: Wallis E. Smith, 26501 Mirar Vista, Mission Viejo, CA 92652 LOCATION: 346 South Whitestone Drive: Property is 0.69 acres having a frontage of 241 feet on the east side of Whitestone Drive and a maximum depth of 201 feet, located 614 feet north of the centerline of Ramsgate Drive. Waiver of maximum structural height (25 feet permitted; 35 feet proposed) to permit and retain an existing two-story single-family residence under construction in the RS-HS 22,000 (SC) (Residential, Single-Family Hillside; Scenic Corridor Overlay) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4388 APPROVED (ZA DECISION NO. 2000-13). B12. ORDINANCE FOR INTRODUCTION: 179: ORDINANCE NO. 5725 (INTRODUCTION) Amending Title 18 to rezone property under Reclassification No. 98-99-15 located at 926 South Beach Boulevard (Lyndy's Motel and Restaurant) from the CH zone to the CL zone. Mayor Daly offered Ordinance No. 5725 for first reading. ORDINANCE NO. 5725 (INTRODUCTION) AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 98-99-15 LOCATED AT 926 SOUTH BEACH BOULEVARD (LYNDY'S MOTEL AND RESTAURANT) FROM THE CH ZONE TO THE CL ZONE. Item B13 From Zoning Administrator Meeting of March 23, 2000: (No action necessary unless Council desires to set a particular item for public hearing) APPEAL PERIOD ENDS APRIL 3, 2000: B13. 170: TENTATIVE PARCEL MAP NO. 98-242~ CATEGORICALLY EXEMPT - CLASS 15: OWNER: Thoai Tang, 7730 Autry Drive, Anaheim Hills, CA 92808 AGENT: Hoss William and Associates, 100 South Anaheim Bouldevard # 360, Anaheim, CA 92805 LOCATION: 7730 Autry Drive: Property is 3.0 acres located 200 feet east of the centerline of Eucalyptus Drive and terminus of Autry Drive. TO establish a 4-10t (3 numbered lots, 1 lettered lot) single-family residential subdivision in the RS- HS-22,000 (SC)(Residential, Single-Family Hillside; Scenic Corridor Overlay) Zone for the future construction of 3 single family homes. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Approved Tentative Parcel Map No. 98-242 (ZA DECISION NO. 2000-14). END OF THE ZONING ADMINISTRATOR ITEMS. The following items, B14 and B15, were added to the Council agenda after the 72-hour posting provision of the Brown Act. At the beginning of the meeting, a motion waiving this posting requirement was approved by the Council also noting the need to take action at this meeting. ADDENDUM TO THE MARCH 28t 2000 ANAHEIM CITY COUNCIL AGENDA 16 ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES MARCH 2000 B14. Items B14 and B15 From PlanninR Commission MeetinR of March 27, 2000: (No action necessary unless Council desires to set a particular item for public hearing) APPEAL PERIOD ENDS APRIL 6, 2000: 179: Environmental Impact Report No. 311 (previously certified), Final Site Plan No. 00-04- Request review and approval of Final Plans: The Walt Disney Company, Attn: Doug M. Moreland, P.O. Box 25020, Glendale, CA 91221-5020, request review and approval of a Final Site Plan setting forth the landscaping design for The Disneyland Resort Specific Plan Hotel District setback area and a portion of the Theme Park District setback area adjacent to the north side of Katella Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: Approved Final Site Plan No. 00-04 (6 yes votes, Commissioner Boydstun absent). EIR NO. 311 previously approved. B15. 179: Environmental Impact Report No. 311 (previously certified) Final Site Plan No. 00-05 - Request review and approval of Final Plans: Walt Disney Company, Attn: Doug Moreland, 500 South Buena Vista Street, Burbank, CA 91521, request review and approval of Final Site Plan Review for the Disneyland Resort Specific Plan Parking District setback area adjacent to the west side of Clementine Street between Southern California Edison easement on the south and the Odetics facility on the north. ACTION TAKEN BY THE PLANNING COMMISSION: Approved Final Site Plan No. 00-05 (6 yes votes, Commissioner Boydstun absent). EIR NO. 311 previously certified. PUBLIC HEARING C1. 179:CONDITIONAL USE PERMIT NO. 4177, WAIVER OF CODE REQUIREMENT AND NEGATIVE DECLARATION: OWNER: Property Reserve, Inc., 35 Century Parkway, Salt Lake City, UT 84115 AGENT: Dennis Flynn Architects, Inc., 5109 East La Palma Avenue, Anaheim, CA 92807 LOCATION: 1303-1371 North Euclid Street. Property is 6.42 acres located at the northwest corner of Medical Center Drive and Euclid Street. To establish conformity with existing Zoning Code land use requirements for an existing commercial retail center and to permit an automotive dealership with accessory auto repair services and a 60-foot high freeway-oriented sign with waiver of (a) minimum number of required trees (deleted), (b) required parking lot landscaping (deleted), (c) minimum distance between freestanding signs, (d) minimum lot size for an auto dealership to permit a freeway-oriented sign (denied), (e) minimum number of parking spaces, and (f) permitted encroachments into required yards (deleted). ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4177 GRANTED, IN PART, denied waivers (a), (b), and (f) (7 yes votes); denied waiver (d) (4 yes votes; Commissioners Bostwick, Boydstun and Bristol voted no); approved waivers (c) and (e) (7 yes votes) (PC2000-17); waiver of code requirement approved in part (denied the proposed freeway-oriented sign). Approved Negative Declaration. Informational item at the meeting of March 7, 2000, Item B2. Letter of appeal submitted by North County Toyota. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News: March 16, 2000 Mailing to property owners within 300 feet: March 14, 2000 Posting of property: March 17, 2000 17 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES MARCH 2000 Mayor Daly. Two letters have been received, one from the developer, and the other from an adjacent property owner, each asking for a continuance. (See letters dated March 28, 2000, one from Dennis Flynn, Dennis Flynn Architect and the other from Transamerica Senior Living - made a part of the record). Mayor Daly continued and stated he is going to suggest a two-week continuance as requested by Dennis Flynn, Architect for the project. He asked if anyone was present who had a problem with a two-week continuance. Mike Olsen, representing Gateway, 1303 Euclid, Anaheim. He does not have a problem but he does have some issues he would like to express. If it is more appropriate to do so in two weeks rather than this evening, that would be acceptable to him. City Attorney White. He indicated the more appropriate time would be in two weeks if the Public Hearing is continued to that time. Mayor Daly suggested, if there was anything he (Olsen) could submit in writing prior to the hearing, that will help the Council to know what the issues are. James Karsh, Administrator of Emerald Court, senior facility adjacent to the subject property. Their original intent had been to request a continuance. They have just learned that there is a request from the dealership for a two-week continuance. Emerald Court is in support of the continuance and he will be back on April 11. MOTION. Mayor Daly moved to continue the Public Hearing on Conditional Use Permit No. 4177 for two weeks. Council Member McCracken seconded the motion. Council Member Feldhaus was absent. MOTION CARRIED. Report on Closed Session Actions: City Attorney Jack White stated that there are no actions to report. COUNCIL COMMUNICATIONS: The Mayor and Council Members commented relative to Council Member Feldhaus: Council Member Tait. He wished his colleague a speedy recovery and looks forward to seeing him at the next meeting; Mayor Pro Tern McOracken echoed the same sentiments; Council Member Kring extended prayers and best wishes to Frank and his family; Mayor Daly. He can't remember Frank ever missing a meeting. He wished him well and hopefully expects to see him at the next meeting. Council Member McCracken: She reminded the community that they are in the midst of Census 2000 emphasizing it is vitally important that each and every person register in the Census and to encourage neighbors and friends to do so as well. It means a great deal to Anaheim as far as funding for major projects, for transportation, housing, improvements of roads and streets, public facilities, etc. She urged that the forms be filled out and returned this week. Mayor Daly: This is a follow up to the Redevelopment liaison meeting held today which he and Council Member McCracken attended. He wants to underscore his interest in two items in particular and ask the City Manager to report back when he has any news. The first is the future or the current status and future possibilities for the Kwikset property in downtown. The company vacated the site and is selling it. He (Daly) wants to make sure this is on the City Manager's "radar screen" in terms of the future of that site. The second item involves the prospects for the former Orchard Supply Hardware site at Anaheim Plaza. It is a chain that is struggling in many areas. For the future of Anaheim Plaza, they need to make sure a solid replacement is found. The Council needs to know anything the City Manager can learn about the possibilities for the site and any actions appropriate by the City he believes will be helpful. 18 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MARCH 28, 2000 Before concluding, Mayor Daly noted that Kristine Thalman, the City's Government Relations Manager was present in the Chamber at what will be her last Council Meeting. Mrs. Thalman has worked directly with the Council on the City's political involvements with other governments (cities, and State and Federal government) important to the success of Anaheim. Kristine is leaving to take on a new position after dedicating many years to the City. On behalf of the Council, he wished her the very best in her new career. ADJOURNMENT: By general Council consent, the Council meeting of March 28, 2000 was adjourned at 6:37 P.M. The next scheduled Council Meeting is Tuesday, April 11,2000, two weeks from tonight. SHERYLL SCHROEDER CITY CLERK 19