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2001/09/18 ANAHEIM, CALIFORNIA - CITY COUNCIL SPECIAL MEETING SEPTEMBER 18, 2001 The City Council of the City of Anaheim met in special 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, Public Works Director Gary Johnson, Deputy City Engineer Russell Maguire, Assistant City Manager Tom Wood, Parks Superintendent Jack Kudron, Streets and Sanitation Manager Doris Roush, Traffic and Transportation Manager John Lower and Public Utilities General Manager Marcie Edwards. A copy of the agenda for the special meeting of the Anaheim City Council was posted on September 14, 2001, at the City Hall inside and outside bulletin boards. Mayor Daly called the special meeting to order at 2:14 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. WORKSHOP: Fiscal Year 2001/2002 Capital Budget Review City Manager Ruth introduced the continued workshop and noted that the first year of the five- year program served as the City's capital budget and the remaining four years was a financial plan. He said that the program was developed within the context of State, Federal and regional funding opportunities and the five-year program totaling $507 million, allocated 83 projects. The program would result in new parks, street improvements, ball field lighting, sidewalk repairs, utility undergrounding, traffic system improvements and community facilities, he said. At the last workshop, Finance Director Sweeney had provided an overview of the program's financing and the current fiscal position, said City Manager Ruth. Due to the uncertainty in the economy, he added, several measures had been taken to control operating expenses within the City. He said that City Manager would review all employee vacancies, excluding police and fire, and staff would minimize any City absences thereby reducing travel and meeting expenses. In the event the situation worsened in the City and the economy, he said he would look at other necessary steps to be taken and would bring those back to Council for consideration. He informed Council that staff continued to recommend the implementation of the first year Capital Plan and he recommended that further review of the plan and any changes be considered at the January mid-year meeting. City Manager Ruth introduced Public Works - City Engineer, Gary Johnson, who highlighted twelve of the significant projects that were in the five-year program and were funded, many of which, were transportation related. He said the twelve projects were as follows: Burlington Northern Santa Fe Soundwall - $15 million; Gene Autry Way - $30 million; Katella Avenue Smart Street/Ninth Street to Humor the continuation of the project to the west - $6.4 million; fe'derally funded landscape project along the 1-5 corridor to complete all the beautification; Tustin Avenue/State Rte 91 Facility; Lincoln Avenue and Brookhurst intersection project - $1 million; widening of Lincoln Avenue from State College to Sunkist - $4 million; Brookhurst Street from SR 91 to La Palma - $8.7 million; East StreeU91 Freeway interchange - $1.5 million; Lincoln Avenue/State College intersection - $3.3 million; State College/Ball Road intersection - $3.3 million and a number of small cleanup projects in the Resort area. ",w."d"-#,.""., .>'~ .' _ ..~"_ "'<__^,'~b_'+''''..~" ..h ANAHEIM CITY COUNCIL MEETING MINUTES SEPTEMBER 18, 2001 PAGE 2 Russell Maguire, Deputy City Engineer, provided a corridor beautification program update on a power point presentation, which is available in the City Clerk's Office. Council Member Tait asked what type of beautification projects would be on the fourteen miles that were budgeted. Deputy City Engineer Maguire said that the 1-5 T corridor program was one of the beautification projects and the City was the lead agency. He said that Public Works was landscaping the parkways or medians created by CalTrans when the 1-5 was done. He said some of the projects included the entry monuments and included the landscaping around it. With some of the projects, he said, the parkway had to be built, the roadway widened or the City was buying the right of way and the cost was much higher than just landscaping. He added that they were looking at median islands that were in serious trouble in the major corridors. Deputy City Engineer said that there was $3 million per year starting in 2003/2004 showing in the budget for community improvement projects and it was suggested that Public Works come up with a program to use half of that. He said that Public Works suggested that the projects that were mainly median islands on Lincoln, State College, Ball, Euclid and Brookhurst had the greatest effect for the investment and the least effect on utilities. He said that the City usually had all or most of the right of way to do the islands and they could be implemented quickly with the least amount of impact. He added that there were 22 projects at a total of $22 million and it affected fourteen miles or corridor. In response to Council Member Tait, Deputy City Engineer said that Public Works Department built and planted the medians and Community Services would maintain them once the project had been completed. Assistant City Manager Wood said that one exception to this was in the Resort Area. He said that the District maintains all the landscaped medians per contract. There were fourteen different bid contractors who maintain it under Resort services as management, he added. In response to Council Member Tait, Parks Superintendent Jack Kudron stated that the maintenance on medians and parkways in the City was done by contract and there were six contracts. He said that each contract varied and if a plant died, the contractor was responsible for the replacement. With regard to litter frequency, he said, Parks had been working on improving that when renewing contracts and most litter frequency was once a week. Council Member Tait believed that there needed to be improvements to the median and parkway litter frequency. Superintendent Kudron informed the Council that in the last couple of budgets, Parks had obtained two inspector positions and now had two full-time and one half time inspectors and they were developing action lists and assessing penalties to the contractors. The private contractors were responsible for the water also, he said. Doris Roush, Streets and Sanitation Manager, reviewed the infrastructure needs and deficiency, primarily storm drain, sewers and sidewalk. She referred to a power point presentation which is available in the City Clerk's Office. She informed the Council of the scientific approach used to determine which streets in the City needed repair and when they were repaired. Arterial streets were assessed every two years and local streets every four years. The arterial highway pavement deficiency was approximately $36.8 million and reflected a significant improvement of the overall condition of the arterial highway system which was primarily due to a successful grant program that increased funding for the rehabilitation and reconstruction. For the arterial system, she noted, annual budgets of $4.5 million were required to maintain the status quo and to eliminate the deficiency, an annual budget of $7.6 million would be required for ten years and then a sustained annual budget of $3.3 million to maintain the system. She explained that the '_.,.""w...,.c,.""~ ANAHEIM CITY COUNCIL MEETING MINUTES SEPTEMBER 18, 2001 PAGE 3 local pavement deficiency was estimated at $12 million and annual budgets of $1.3 million were required to maintain the status quo. To eliminate the deficiency, an annual budget of $1.7 would be required for the next ten years and then a sustained annual budget of $1 million. She said that there might come a day when the City would have to turn down a developer because of the increasing demand for sanitary sewer capacity. She informed Council that much of the downtown sanitary sewer system was six-inch and it should be eight-inch and this was one example of the master plan improvement needs, she added. She said that the sanitary sewer master plan improvement needs were approximately $56 million. Storm drain master plan improvement needs were valued at approximately $91 million and the existing fee from the users was inadequate to fund the needs she felt. There was currently no long-term funding plan in place, she added. The curb, gutter, sidewalks, drive approaches and access ramps deficiency was estimated at $38 million and there was an enormous backlog of projects, she said. If the budget for this program was funded at $1.5 million per year, the status quo would be maintained, and anything less, she added, the deficit would grow. John Lower, Traffic and Transportation Manager, discussed traffic calming and traffic improvements in the City and referred to a power point presentation available in the City Clerk's Office. He said that there were fifteen traffic signal projects under way and there were traffic signals slated for Riverdale and Finch and Harbor and Laverne this year. He mentioned that the biggest request that the 25 communities had made was for traffic calming. He noted that communitie? that had less than 2,000 vehicles per day on a street had a better quality of life, versus some segments of local streets that served 6,000 vehicles per day. There was a long list of traffic signals to be installed at twenty locations, he said. There had been twelve pedestrian safety improvement requests, such as those at La Palma and Maple. Public Utilities General Manager, Marcie Edwards, discussed the five-year overall capital project plan. She said that in 2002/2003 Utilities would be developing a variety of water supply options. She informed the Council that Utilities brought in revenues of approximately $285 to $290 million annually and $210 to $220 million of the revenue was dedicated on the power supply side. She explained that $45 million was for operations, $10 million was transferred, $11 million was debt service and there was $5 to $10 million to fund capital programs. She said that Utilities recommended borrowing on the bond market given the current ratings; the timing was right, she felt. The existing infrastructure was insufficient with the increasing population and the requirements were $80 to $100 million and would be addressed over the next five years. She explained that a large portion of the budget fell into the electric distribution and transmission area, such as putting in new capacitors, breakers, circuits, and the undergrounding program was from $10 to $15 million. In the water replacement and improvement programs, she said, there were a number of new wells and in San Onofre there were a number of major capital upgrades relating to the turbin coming up in the next couple of years. She then explained to the Council the criteria on which the underground projects were selected and said that most of the eastern section of the City was already undergrounded and most of the projects were on the western side. She added that Utilities had a variety of scheduled meetings each month to coordinate underground projects with Public Works, Community Development, Planning, Pacific Bell, Adelphia and other communication companies that have infrastructure connected to utility poles. Council Member McCracken asked about replacing lines in parts of the City that were 30 to 40 years old and General Manager Edwards said that it was not funded out of the undergrounding. She noted that there had been so much development that there were some portions of the overhead with a current so great that it would come through and burn the circuit down in four or -......."-_.,~"'.,-~ ..,- ANAHEIM CITY COUNCIL MEETING MINUTES SEPTEMBER 18, 2001 PAGE 4 five different places and that was very expensive. As part of the replacement program, she explained, Utilities tried to get out and get that circuit down because of the expensive nature and there were hundreds of miles of some of that distribution infrastructure. Mayor Daly remembered that when the 1-5 was widened a few years ago, some of the utility wires were placed underground as part of that project and other lines were not included. There were projects at Magnolia and Crescent that were not included and if the money could be found, he asked if it was feasible, engineering-wise, to bury those lines. General Manager Edwards stated that it was possible and that Utilities was working with Edison. Council Member Tait asked if Utilities was budgeting more money for security of the water system and if that was a part of the capital plan. Utilities General Manager Edwards said that Utilities was the water pumper and Metropolitan Water District and Orange County Water District controlled the supply. They were engaged in evaluating to what extent that problems could be introduced into the water supply. She said that Utilities had increased security, increased sampling frequency and she added that those agencies were working with the FBI to do a level of threat analysis and threat susceptibility and develop a list of mutual action items. She said that she would integrate that into subsequent budgets. Council M~mber McCracken asked about increased security of San Onofre. General Manager Edwards said that the City had seven percent ownership of San Onofre and that she was not expecting this to be problematic. City Manager Ruth concluded that the City had never had a capital program so directed at its neighborhoods and public improvements. He said that the improvements were paying off. The Community Improvement Fund was a deposit of $3 million annually for projects to the better the City and was an opportunity to improve the look, feel and livability of the City. Projects financed from the fund in 2003 through 2006 were open for Council direction, he added. Mayor Daly asked for a summary of the current use of the Community Improvement fund. Assistant City Manager Wood stated that in the last four years, staff had not made allocations and they remained open for Council policy direction. In the first two years, the monies had been programmed, he said, and amounted to $9 million. The projects included the Magnolia High School ball field, skate board park, Shorba regional ball field, Ross Park expansion, excellerated curb, gutter sidewalk; entry monumentation and corridor beautification, he stated. 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 3: 19 P. M. 1. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Agency designated representative: David Hill Employee organization: Anaheim Police Association. 2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: ~_~~_4e_~~~._+___..._. '~""~__n'_M~_'''._,~ _ . ANAHEIM CITY COUNCIL MEETING MINUTES SEPTEMBER 18, 2001 PAGE 5 Agency designated representative: David Hill Employee organization: Service Employees International Union, Local 1877 and General Truck Drivers Union, Local 952. 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: City of Anaheim v. Ball Euclid Plaza, LLC, Orange County Superior Court Case No. 01 CC07647. 5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Section 54956.8 of the Government Code) Property: 220 AND 220~ North Beach Boulevard, Anaheim, California. Agency negotiator: Elisa Stipkovich Negotiating parties: Anaheim Redevelopment Agency and Boas Family Partnership, a California Limited Partnership. Under negotiation: price and terms. 6. ANNUAL EMPLOYEE PERFORMANCE EVALUATIONS: Titles: City Manager, City Attorney, City Clerk, City Treasurer 7. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: City of Anaheim v. Kap Sun Lee, et al. Orange County Superior Court Case No. 01 CC07116. 8. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Hensel Phelps Construction Company v. City of Anaheim, et aI., Orange County Superior Court Case No. 01 CC05453. AFTER RECESS: 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, Planning Director Joel Fick, Zoning Division Manager Greg Hastings, Convention Center, Sports and Entertainment Manager Greg Smith and Executive Director Community Development Elisa Stipkovich. Mayor Daly called the special Council meeting of September 18, 2001, to order at 5:46 P.M. and welcomed those in attendance. He noted that Council had been scheduled to meet last Tuesday, September 11, 2001 and that Council cancelled the meeting due to the events at the World Trade Center in New York, Washington and Pennsylvania. He said that for the first time, the American mainland was under attack and he added that three citizens from the community had been lost amid the thousands of victims. Mayor Daly asked that the meeting be adjourned -"'-~'''-~'->~-'''-~~~ ANAHEIM CITY COUNCIL MEETING MINUTES SEPTEMBER 18, 2001 PAGE 6 in memory of Charles Burlingame, III, one of the pilots of the flights, Chris Newton and Gerald Paskins. A moment of silence ensued. INVOCATION: Pastor Dave Osborne, Vineyard Christian Fellowship of Anaheim FLAG SALUTE: Council Member McCracken Mayor Daly asked if there were any citizens present to speak on items C1, C2 and C3. Upon the advice of the City Attorney, he said, it was Council's intention to continue the public hearings on the land use issues to the meeting of October 2, 2001, in order to provide time for the City Clerk to mail out new notices. He said that because of the tragedy that occurred on September 11, 2001 , the Council meeting was cancelled and Council was unable to advise any members of the public who may have appeared last week of the new hearing date. He stated that to comply with the law, it was necessary that a new notice be sent regarding the new hearing date. PROCLAMATIONS AND DECLARATIONS: Recognizing Stater Bros. Markets on the occasion of their 65th anniversary. Joel Bradley, District Manager for Stater Bros., was not present to receive the proclamation. Mayor Daly asked that this item be re-scheduled to a later date. Recoanitions (To be presented at a later time): A proclamation recognizing September 17 - 23, 2001, as Constitution Week and a Certificate of Recognition recognizing Clarence Kaufman for his service on the Investment Advisory Commission At 5:24 P.M., Mayor Daly recessed the City Council meeting until after the Redevelopment Agency, Anaheim Housing Authority and Anaheim Public Financing Authority meetings. Mayor Daly reconvened the City Council meeting at 6:11 P.M. ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS: Ben Karmelich, owner of the Lincoln Inn Motel, requested on behalf of his attorney, Frank Weiser, that the request for rehearing be continued to September 25, 2001. He explained some of the reasons why the tenants live there so long and he believed that there should be no reason why they should have to move from motel to motel every thirty days. He said that there were over 2,000 people living in motels in west Anaheim, some of them seniors with small social security checks. He believed that the motels were often the only options left for the seniors. He said that seniors were likely to stay the longest and less likely to get back on their feet again. He said that a motel was better than living on the streets. Mr. Karmelich said that he had improved the property and all the code violations had been corrected, there were no health and safety violations. He explained the reason the permit was taken away was because of the conditional use permit violations. Tavinder Sawhmey (Sunny) stated that he was in the process of opening a restaurant in Anaheim hills at Canyon Plaza and he had appealed Item 81, CUP No. 2001-04406. He now wished to withdraw his appeal. ~..._.,~.,."'c~ ' ""~COti'C:""_'~~"",,~,,~,~ ANAHEIM CITY COUNCIL MEETING MINUTES SEPTEMBER 18, 2001 PAGE 7 City Attorney White advised the applicant that because the appeal period had expired and Mr. Sawhmey had appealed in a timely manner, by that appeal, someone else may have refrained from appealing that same case on the grounds that it had already been appealed. There may be someone that may object, he said. He said that if Mr. Sawhmey was willing to take the risk and move forward to withdraw the appeal and permits were issued, there would still be a risk to Mr. Sawhmey that someone who would have been able to appeal could complain that they did not have due process. The matter was referred to City Attorney White who would phone the applicant on September 19, 2001. Marcia Garten, 521 North Lemon Street, Chairman of the Traffic Calming Committee, a subcommittee of the East Anaheim Neighborhood Council and the Anaheim Colony Historic Neighborhood Council, said that the neighborhoods were experiencing a reduction in traffic along Lemon Street at La Palma after the diverter was installed. Her group had spoken about putting together a master plan for traffic calming and without the financial support, she said, the progress had been slowed. She asked Council to support funding for traffic calming. Harold Martin spoke about a resolution he submitted to Council which read that increasing illegal immigration had detrimental affects on local communities and was a local issue. He believed that the recent tragedies in New York City and Washington D. C. were suffered at the hands of illegal aliens and that Council and all levels of government must protect the interest of the citizens of the United States. He referred to Section 133 of the United States Government Code and asked that the Police Department begin to arrest and deport illegal aliens living and working in the City. Evelyn Miller requested that the Police Department be empowered to enforce Section 133 of Federal Immigration Law and arrest all illegal aliens in the City. She asked that discussion of Section 133 be made an agenda item and she requested that the Council ask the Immigration and Naturalization Service to deport illegal aliens as the immigration laws demand. Elaine Proko asked that Section 133 be enforced. She said that the Immigration and Naturalization Service and Police Department should work together since the need was greater now than ever before. She said that she doubted that there was a citizen that would object to being questioned as to their status. She asked that Anaheim be the premier city in the Country to fight back by allowing the Police to help the Immigration and Naturalization Service keep the country safe. David Kendrick, Buena Park, said that stationing an immigration agent at the City jail was a model for cities everywhere and was a success. He believed that since illegal aliens protest it, it was working. He believed that every suspected terrorist involved in the World Trade Center event had Immigration and Naturalization Service violations and he believed that every city jail should have access to an INS officer. He asked that Section 133 be enforced in the City. Art Castillo, 1431 West Chateau, complimented the Police Chief. He said that with regard to the former Police Chief, Mr. Baker does not owe an apology. Duane Roberts, 2276 Colchester Drive, spoke in regard to a letter that he submitted at the August 28, 2001 meeting, pertaining to former Council Assistant, James Peterson. He asked the City Manager if they had fully reviewed all administrative policies and municipal codes pertaining to the issue and he asked Mayor Daly if he had knowledge of the Council Assistant working on behalf of Dr. Garcia of the school district. ._'~ ANAHEIM CITY COUNCIL MEETING MINUTES SEPTEMBER 18, 2001 PAGE 8 Linda Lee Grau said that the aftermath of the deplorable terrorist acts that took place at the World Trade Center and the Pentagon would be with Americans for a long time and that more laws and restrictions should not be put in. She said that the individuals should protect themselves without using too much government. She added that there should be no light rail. Marc Hedgepeth, 1599 West Tedmar, said he was a former Police Captain who ran the immigration program for five years in the City jail and said that it should stay there. He addressed a report that was presented to Council on November 14,2000. He recommended that the Council direct the City Attorney and Chief of Police to immediately release all of the documents that had been requested by the Orange County Register; direct and order an outside investigation to be conducted of these actions and have that investigation conducted outside the City and order that no retaliation be taken against any member of the department that may talk in that investigation. Mayor Daly requested a response from City Manager Ruth on Duane Roberts' question as to any review of administrative procedures regarding the acceptance of outside income by City employees. City Manager Ruth stated that staff had looked into the current situation and the investigation had not been concluded at the present time. He will forward any information to Council for their consideration. Mayor Daly said that City employees, under long-standing practices, might have outside income subject to administrative review of their superiors whether it was full time or part time. He said that it was ethical to be involved in a school election process for someone working part time for the Mayor. If a candidate chose to reimburse that person for work done, Mayor Daly had no problem with that. 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 - 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. Items A8, A 11 and A 16 were continued to September 25, 2001. Mayor Daly offered Resolutions Nos. 2001 R-236A through 2001 R-239 for adoption. Motion carried unanimously. 118 A1. Reject certain claims filed against the City. 105 178 A2. Receive and file the minutes of the Park and Recreation Commission meetings of May 2001, June 2001 and July 2001; minutes of the Golf Advisory Commission meeting of July 26, 2001; and Resolution No. 8763 dated August 23, 2001 from Metropolitan Water District of Southern California. 123 A3. Waive Council Policy No. 401 and approve and authorize the Mayor and City Clerk to execute the annual service agreements with Merit Civil Engineering, DGA Consultants, and Dewan, Lundin and Associates, in an amount not to exceed $200,000 per ~""''''''-'''~'' "".,~ .,.~.~ 123 158 174 153 'M~"<"'~""""~ ANAHEIM CITY COUNCIL MEETING MINUTES SEPTEMBER 18, 2001 PAGE 9 agreement for general civil engineering on-call services and support for public works improvement projects. A4. Waive Council Policy No. 401 and approve and authorize the Mayor and City Clerk to execute the annual services agreements with LaBelle-Marvin and Nichols Consulting Engineers in an amount not to exceed $200,000 per agreement for pavement materials testing. A5. Approve the quitclaim of a portion of previously abandoned alley right-of-way to the applicant, owner of the adjacent property known as 554 Atchison Street, with a reservation of a public utility easement. A6. RESOLUTION NO. 2001 R-236A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a liquefied natural gas refueling facility to be operated by Taormina Industries. 153 A7. RESOLUTION NO. 2001 R-237 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Municipal Employees Association, General Employees and the City of Anaheim. A8. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 00R-123 which established rates of compensation for classification designated as Administrative Management (creation of Convention/ Sports/Entertainment Administrative Operations Manager, effective August 17, 2001) (Continued from Council meeting of August 28, 2001, Item A 13). Mayor Daly asked about the necessity of the administrative position and whether the responsibilities could be absorbed into the existing structure. City Manager Ruth stated that the position did have additional responsibilities at the Convention Center half of the time and over looked the Stadium and Pond contracts, policies and operating procedures. Mayor Daly requested a more detailed written description of the duties and responsibilities of the position and the need for full time. He also asked how the position would fit into the context of the administrative structure of the Convention Center. Greg Smith, Executive Director of Convention Center, Sports and Entertainment Department, said that the position would oversee contracts and manage events that the City produced at Edison Field and it would over look the Sportstown Owner's Association. He said that the position entailed maintenance, operation of the parking lots of Sportstown on Stadium property, contracts at the Pond, obligations that the contractor had and it made certain that the maintenance would be continued at the level of the contract, and monitored maintenance level of the Stadium. Several responsibilities at the Convention Center would be taken on by the position, he said, such as administrative responsibilities. In response to Mayor Daly, Director Smith said it would be extremely difficult to absorb the responsibilities into the existing management structure at the Convention Center. Mayor Daly moved, seconded by Council Member Tait, to dire9t the City Manager to provide more detailed information. Unanimously continued to September 25, 2001. ~~C''':'-""C-._.''',,,"~~--._._-o,;,,''''''',,"--''''-_-''__.L''--'''''' -7_~' u;" 153 142 142 126 175 156 142 ANAHEIM CITY COUNCIL MEETING MINUTES SEPTEMBER 18, 2001 PAGE 10 A9. RESOLUTION NO. 2001 R-238 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM giving notice of its intention to approve an amendment to the contract between the Board of Administration of the California Public Employees' Retirement System and the City of Anaheim. ORDINANCE NO. 5783 (INTRODUCTION) AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing an amendment to the contract between the City of Anaheim and the Board of Administration of the California Public Employees' Retirement System. A 10. ORDINANCE NO. 5784 (INTRODUCTION) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending various Code sections of Title 18 of the Anaheim Municipal Code relating to zoning (fences, walls, hedges and berms; freeway-oriented signs and self-service laundries) (Informational item at the Council meeting of August 28, 2001, Item 87). In response to Council Member Feldhaus, Planning Director Joel Fick said that there were provisions for request for waivers and request for variances and they would still apply. A11. ORDINANCE NO. 5782 (ADOPTION) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Chapter 4.82 of Title 4 of the Anaheim Municipal Code relating to Newsracks on Public Rights-of-Way (Introduced at Council meeting of August 28, 2001, Item A 19). A12. RESOLUTION NO. 2001R-239 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the Anaheim Resort Identity Program (Amendment No.1) (To set forth the permitted number, location and design for newspaper racks). A 13. Approve the second amended Plan of Reorganization for Edwards Theaters Circuit, Inc. and ratify the Public Utilities General Manager's action in executing the ballot to accept the plan scheduled to be confirmed on September 19, 2001. 123 A 14. Waive Council Policy No. 306 to permit approval of the proposed short term gas purchase and sale agreement to allow sufficient time for the Public Utilities Department to develop a Request for Proposal (RFP) for gas purchasing services under a longer- term contractual arrangement and approve the proposed Natural Gas Purchase and Sales Base Contract between IGI Resources, Inc and the City, and authorize the Public Utilities General Manager to execute the agreement and any other related documents, and take such actions as are required to implement and administer the agreement. A 15. Authorize the Chief of Police to accept and execute the augmentation of a grant from the Office of Criminal Justice Planning for second year funding of the Anaheim Police Activities League Center through the Positive Alternatives Program component of the Delinquency Prevention Program. A16. ORDINANCE NO. 5779 (ADOPTION) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adding new Section 11.04.005 to, and amending Sections 11.04.070, 11.04.080, 11.04.090 and 11.04.095 of Chapter 11.04 of Title 11 of the Anaheim Municipal Code relating to trespass to City property (Introduced at Council meeting of August 28, 2001, Item A 18). --~+---_.~.-.~..~.- ~~...~~~--_.,.---+-- 123 114 123 160 160 106 179 ANAHEIM CITY COUNCIL MEETING MINUTES SEPTEMBER 18, 2001 PAGE 11 ORDINANCE NO. 5780 (ADOPTION) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Section 11.08.030 of Chapter 11.08 of Title 11 of the Anaheim Municipal Code relating to Prohibition of Alcoholic Beverages in certain areas of Anaheim Stadium, Anaheim Arena, and Anaheim Convention Center at certain times (Introduced at Council meeting of August 28, 2001, Item A 18). ORDINANCE NO. 5781 (ADOPTION) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Subsection .070 of Section 6.72.020 of Chapter 6.72 of Title 6 of the Anaheim Municipal Code relating to Regulation of Amplified Sound (Introduced at Council meeting of August 28, 2001, Item A 18). A 17. Approve an agreement with Choice Point, in an amount not to exceed $12,000 annually, for on-line computerized search services to assist criminal investigations and authorize the Chief of Police to execute the agreement with the authority to renew on an annual basis. A 18. Approve and authorize the Mayor to transmit the responses to the Orange County Grand Jury Report, "Affordable Housing, Light One Candle," to the Grand Jury and the Presiding Judge of the Superior Court. A 19. Approve an agreement with Orange County Community Development Council, in the amount of $39,769, to provide second-year funding of a "Kids in Action" youth development program site at the Anaheim Independencia Family Resource Center for after school activities for elementary school-age youth. A20. Accept the low bid of Edison 0 & M Services, in the amount of $35, 724.12 (excluding tax), for a Data Processing Gateway Project in accordance with Bid #6203. A21. Accept the low bid of SCA Fabtool Corporation, in the amount of $29,500 (excluding applicable taxes), for a hydraulic press brake in accordance with Bid #6202. 114 A22. Approve minutes of the Council meetings of August 21, 2001 and August 28, 2001. END OF CONSENT CALENDAR A23. Discuss additions and/or deletions to the budget for the fiscal year 2001/2002 (Requested by Mayor Daly at the Council meeting of August 7,2001. Continued from Council meeting of August 21, 2001, Item A33 and August 28, 2001, Item A25). Mayor Daly commented that the City would not know for a while what the impacts of the recent incident would have on the City. He asked the City Manager to report back to Council in the area of operations and to suggest cutbacks of approximately 30 percent in areas such as travel, conferences and membership in associations. The item was to remain on the agenda, he said, for the time being to be able to make adjustments on short notice. A24. Request for rehearing by Frank Weiser, Esq., on behalf of Ben Karmelich regarding denying the reinstatement of Conditional Use Permit No.1 043 (Resolution No. 2001 R- 220). (Decision by the City Council at the meeting of August 21, 2001, Item A22). ~+,_" c .".c... ~C~. c.._.......... ......,....."....=, "".-";._c.",,~", ..,,' ANAHEIM CITY COUNCIL MEETING MINUTES SEPTEMBER 18, 2001 PAGE 12 Mayor Daly moved, seconded by Council Member McCracken, to continue to September 25, 2001 , the request for rehearing submitted by Frank Weiser. Motion carried unanimously. Items B1 throuah B4 From Zonina Administrator Meetina of Auaust 23. 2001: (No action by City Council required unless expressly indicated. Council may consider and act upon such matters at its discretion. Items requiring a public hearing may be set for hearing at a later date upon the request of any two Council members.) APPEAL PERIOD ENDED SEPTEMBER 14, 2001 : 179 B1. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2001-04406 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Canyon Plaza Shopping Center, L.L.C., Attn: Harold Hembree, P.O. Box 7250, Newport Beach, CA 92658 AGENT: Tavinder Sawhmey, 705 East Birch Street, "P" Brea, CA 92821 LOCATION: 5701 East Santa Ana Canyon Road (Shehnai Cusine of India). Property is 15 acres located at the northeast corner of Santa Ana Canyon Road and Imperial Highway. To permit the sale of beer and wine for on-premises consumption in conjunction with a full-service restaurant in the CL(SC)(Commercial, Limited; Scenic Corridor Overlay) Zone with waiver of (a) minimum number of parking spaces and (b) maximum number of wall signs in the Scenic Corridor Overlay Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Conditional Use Permit No. 2001-04406 approved in part (ZA2001-31). 179 B2. VARIANCE NO. 2001-04446 AND NEGATIVE DECLARATION: OWNER: Kipton Shawn Kahler 2801 E. Miraloma, Anaheim, CA 92807 LOCATION: 2801- 2821 East Miraloma Avenue (Artistic Platina). Property is 1.83 acres located at the northeast corner of Miraloma Avenue and Blue Gum Street. Waiver of maximum floor area ratio to expand an existing industrial building in the SP94- 1, Developed Area 5 (Northeast Area Specific Plan, Development Area No. 5- Commercial Area) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 2001-04446 approved (ZA2001-32). 179 83. CONDITIONAL USE PERMIT NO. 2001-04365 CATEGORICALLY EXEMPT - CLASS 1: OWNER: AEW Capital Management 2 Seaport Lane, Boston, MA 02210-2021 AGENT: CB ELLIS, Attn: Stefanie Patrick 2125 E. Katella, Suite 100, Anaheim, CA 92806 LOCATION: 701 South Weir Canyon Road (Caliente Grill). Property is 11.9 acres located on the southwest corner of Weir Canyon Road and Serrano Avenue. To establish beer and wine sales for on-premises consumption in conjunction with an existing take-out restaurant within an existing commercial retail center in the SP88-1, ~C 'CC"'~ ............'_._-'.."..d_,~_.~,.~,~".,.._ ANAHEIM CITY COUNCIL MEETING MINUTES SEPTEMBER 18, 2001 PAGE 13 Development Area No.2 (Sycamore Canyon Specific Plan; Development Area No. 2- Commercial Area) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Conditional Use Permit No. 2001-04365 approved (ZA2001-33). REPORTS AND RECOMMENDATIONS: 179 B4. ADMINISTRATIVE ADJUSTMENT NO. 2001-00213 CATEGORICALLY EXEMPT - CLASS 1: OWNER: David and Susan Bailey, 3244 East Radcliffe Avenue Anaheim, CA 92806 AGENT: Landmark Remodelers, Attn: Jerry Lutjens 19953 Valley Boulevard, Walnut, CA 91789 LOCATION: 3244 East Radcliffe Avenue. Property is 0.12 acre, with frontages of 54 feet on the south side of Radcliffe Avenue, and 54 feet on the north side of Orangethorpe Avenue, having a maximum depth of 100 feet and located 540 feet west of the centerline of Thames Street. Waiver of maximum lot coverage to construct a dining room addition at the rear of an existing single family residence in the RS-5000 (SC)(Residential, Single-Family; Scenic Corridor Overlay) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 2001-00213 approved (ZA2001-30). Items 85 throuah 818 From Plannina Commission Meetina of Auaust 27. 2001: (No action by City Council required unless expressly indicated. Council may consider and act upon such matters at its discretion. Items requiring a public hearing may be set for hearing at a later date upon the request of any two Council members.) APPEAL PERIOD ENDS SEPTEMBER 18, 2001 : B5. CONDITIONAL USE PERMIT NO. 3349 179 WAIVER OF CODE REQUIREMENT AND NEGATIVE DECLARATION: OWNER: Western Medical Center, Attn: Patrick Rafferty 1025 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 965-1075 South Anaheim Boulevard. Property is approximately 9.2 acres with a frontage of 1,020 feet on the west side of Anaheim Boulevard, located 485 feet north of the centerline of Ball Road (Western Medical Center). To modify previously-approved exhibits for an existing hospital and to construct a new two-story (originally advertised as three-stories) medical office building with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Approved modification to Conditional Use Permit No. 3349 (PC2001-116) (7 yes votes). Waiver of Code Requirement approved. Negative Declaration approved. B6. CONDITIONAL USE PERMIT NO. 2521 179 WAIVER OF CODE REQUIREMENT AND NEGATIVE DECLARATION: o,.~~ . ~._.'." _...........~o~~o.__..,.""__'~_~..,.._ ....~ ANAHEIM CITY COUNCIL MEETING MINUTES SEPTEMBER 18, 2001 PAGE 14 OWNER: Braille Institute, Attn: Gene Mathlowetz, Assistant Director 741 North Vermont Avenue, Los Angeles, CA 90029 AGENT: Ware and Malcomb Architects, Inc. 18111 Von Karman Avenue, Suite 600, Irvine, CA 92612 LOCATION: 527 North Dale Avenue. Property is approximately 1.75 acres located at the southwest corner of Crescent and Dale Avenues (Braille Institute). To permit an addition to an existing private school with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Approved modification to Conditional Use Permit No. 2521 (PC2001-117) (7 yes votes). Waiver of Code Requirement approved. Negative Declaration previously approved. 179 B7. CONDITIONAL USE PERMIT NO. 2992 AND NEGATIVE DECLARATION: OWNER: Leonard Chaidez, 507 South Lemon Street Anaheim, CA 92805 AGENT: Cyndie M. Chaidez, 507 South Lemon Street Anaheim, CA 92805 LOCATION: 507 South Lemon Street. Property is approximately 0.56 acre located at the southwest corner of Santa Ana Street and Lemon Street (Leonard Chaidez Tree Service). Requests reinstatement of this permit and modification or deletion of a condition of approval pertaining to a time limitation (approved on July 31, 2000 to expire on July 31, 2001) to retain a tree service contractor's yard. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement of Conditional Use Permit No. 2992 for one year to expire on August 27, 2002 (PC2001-118) (6 yes votes, Boydstun voted no). Negative Declaration previously approved. 179 B8. RECLASSIFICATION NO. 2001-00055 WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2001-04427 AND NEGATIVE DECLARATION: OWNER: Joseph D. Huarte Trust, Attn: David J. Huarte 5036 Tierra delOra, Carlsbad, CA 92008 AGENT: Gary L. Frazier, 6445 Joshua Tree Avenue Orange, CA, 92867 LOCATION: 891 South State Colleae Boulevard. Property is approximately 1.45 acres located at the northwest corner of Vermont Avenue and State College Boulevard. Reclassification No. 2001-00055 - Request to reclassify subject property from the CL (Commercial, Limited), RS-7200 (Residential, Single-Family) and RM-1200 (Residential, Multiple-Family) Zones to the RS-A-43,000 (Residential/Agricultural) Zone. Conditional Use Permit No. 2001-04427 - Request to construct a 3-story, 60-unit affordable senior citizens apartment complex with a density bonus with waivers of a) minimum number of parking spaces, b) minimum building site area per dwelling unit, c) maximum structural height and d) minimum required setback abutting a single-family residential zone. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 2001-00055 granted (PC2001-119) (7 yes votes). Waiver of Code Requirement approved. ---~-~,-- __'n_'"~.'W,- ANAHEIM CITY COUNCIL MEETING MINUTES SEPTEMBER 18, 2001 PAGE 15 Conditional Use Permit No. 2001-04427 granted (PC2001-120). Negative Declaration approved. In response to Mayor Daly, Planning Director Fick stated that a number of enhancements were made to the project and there had been a lot of discussion due to the fact that it was a three- story building in a single-family neighborhood. There had been some design considerations relating to windows and other things associated with the design of the building, he said, to attempt to mitigate that. He pointed out that there had been overwhelming community support on the item. The Planning Commission also conditioned the project so that the final specific plans, through a report and recommendation basis, would be coming back in terms of specific design details. Executive Director of Community Development, Elisa Stipkovich, said that Community Development had been contacted by the developer to request a subsidy of a gap loan. She said that it would more than likely be handled through the Redevelopment Agency set-aside fund and it would require an additional agreement with the developer. She said it would be subject to design review from the Redevelopment Agency as well as a zoning action. There would need to be further design review and potential modifications to the design, she added. She explained that Community Development was waiting to see whether the zoning action would be accepted by the community before bringing in the review architect. She said that the type of unit, high density next to single-family, was screened and would be subject to further sign review and she did not believe that the project could be built without some kind of a subsidy. She said that the project would be dependent on assistance from the City, County and the developer was applying for tax credits. Mayor Daly requested the Community Development bring back the following information: (1) how much of Housing set-aside funds go to senior projects; (2) how many affordable senior units existed now which involved some type of government subsidy and (3) how did this information compare with other communities. Director Stipkovich offered to bring back a report to Council with all that information and she would obtain more specifics on this project. 89. CONDITIONAL USE PERMIT NO. 2001-04419 179 CATEGORICALLY EXEMPT - CLASS 1: OWNER: C & C Investments, Attn: Chen-Chang Lee 23821 Inverness Place, Laguna Niguel, CA 92677 AGENT: Akram Abu-Saif, 3725 Strawberry Creek, Ontario, CA 91761 LOCATION: 518 South Brookhurst Street. Suites 8 and 9. Property is approximately 1.4 acres with a frontage of 215 feet on the east side of Brookhurst Street located 180 feet north of the centerline of Orange Avenue. To establish land use conformity with existing Zoning Code land use requirements for an existing commercial retail center and to permit a convenience market. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2001-04419 granted (PC2001-121) (7 yes votes). 179 810. CONDITIONAL USE PERMIT NO. 3400, CATEGORICALLY EXEMPT - CLASS 1: OWNER: Lederer Anaheim, Ltd., Attn: L Les Lederer 1990 Westwood Boulevard, 3rd Floor, Los Angeles, CA 90025 AGENT: Farano and Kieviet LLP, Attn: Thomas G. Kieviet 2300 East Katella Avenue, #235, Anaheim, CA 92806 C.......h=_~."..C~~ ANAHEIM CITY COUNCIL MEETING MINUTES SEPTEMBER 18, 2001 PAGE 16 LOCATION: 1440 South Anaheim Boulevard. Property is approximately 14.74 acres located north and east of the northeast corner of Cerritos Avenue and Anaheim Boulevard (Anaheim Indoor Marketplace). Requests modification or deletion of a condition of approval pertaining to removal of a non-operable legal nonconforming, freestanding electronic readerboard pole sign in conjunction with an existing indoor swapmeet. ACTION TAKEN BY THE PLANNING COMMISSION: Denied modifications to conditions of approval to Conditional Use Permit No. 3400 (PC2001-22) (4 yes votes, Commissioners Boydstun and Eastman voted no, and Commissioner Bostwick abstained). City Clerk Schroeder announced that a letter of appeal had been submitted by the agent, Farano and Kieviet. Mayor Daly asked if the appeal was on the non-operable free-standing electronic reader board or the entire conditional use permit. Planning Director Fick said that the original request was to amend a condition of approval to allow the sign to stay a longer period of time and the Planning Commission denied that request. He said that it was limited to just the discussion about that condition of approval. City Attorney White stated that the application was to modify or delete a specific condition and all it related to was just that condition and it would not open up the entire permit at this time. The only way that there would be discussion of any thing else would be if the City decided to re- open the entire permit as to potential violations of conditions or if they were not operating in concurrence with some condition. In response to Mayor Daly, Director Fick stated that those types of issues were revisited routinely when they came back before the Council. He said that since this item had gone before review of the Commission, by virtue of the public hearing, Code Enforcement and staff confirmed that they were complying with all of the conditions. In response to Council Member Feldhaus, Director Fick stated that the discussion at the hearing was that the sign would be removed within the time period and that was why it was back and they were asking that the condition be amended so that the sign could stay. The item was approved August 21, 2000 and it was for one year and the process had started to change the condition so the sign could stay. 179 811. CONDITIONAL USE PERMIT NO. 2001-04423 AND NEGATIVE DECLARATION: OWNER: Enrichment Resources, Inc. 6312 East Santa Ana Canyon Road, #348, Anaheim, CA 92807 AGENT: Nextel Communications, Attn: Chris Glass 310 Commerce Dr., Irvine, CA 92602 LOCATION: 6254 East Santa Ana Canyon Road. Property is approximately 0.94 acre with a frontage of 200 feet on the south side of Santa Ana Canyon Road and located 515 feet west of the centerline of Fairmont Boulevard. To permit a telecommunications antenna and accessory roof-mounted equipment. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2001-04423 denied (PC2001-123) (6 yes votes, Commissioner Koos abstained). Negative Declaration approved. c"'=+._~~.~.,_ ~"~~ _~_~~~-...--.-.' . .. ANAHEIM CITY COUNCIL MEETING MINUTES SEPTEMBER 18, 2001 PAGE 17 B12. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 4049 AND NEGATIVE DECLARATION: OWNER: Young U. Kim, 1165 Knollwood Circle, Anaheim, CA 92801 AGENT: Dennis McCollough, 2821 Newport Boulevard Newport Beach, CA 92663 LOCATION: 1163 and 1165 North Knollwood Circle. Property is approximately 1.69 acres with a frontage of 47 feet on the west side of Knollwood Circle located 450 feet northwest of the centerline of Woodland Drive. To permit the expansion of a previously-approved towing and impound services facility to include automotive repair (auto body) with indoor and outdoor storage of vehicles with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Waiver of Code Requirement approved (5 yes votes, Commissioner Koos abstained and Commissioner Arnold absent). Approved expansion to Conditional Use Permit No. 4049 (PC2001-124). Negative Declaration approved. 179 179 B13. B14. 179 CONDITIONAL USE PERMIT NO. 2001-04425 AND NEGATIVE DECLARATION: OWNER: NMC Anaheim, LLC, Attn: Sandy Sigal 18801 Ventura Boulevard, Tarzana, CA 91356 AGENT: Howard Spunt, 6409 Independence Avenue Woodland Hills, CA 91367 LOCATION: 200-248 South State College Boulevard and 2008-2310 East Lincoln Avenue. Property is approximately 27.8 acres located at the southeast corner of Lincoln Avenue and State College Boulevard (Anaheim Town Center). To permit the expansion of an existing commercial center and approval of a final site program. ACTION TAKEN BY THE PLANNING COMMISSION: Granted Conditional Use Permit No. 2001-04425 and approved final sign plans (PC2001-125) (6 yes votes, Commissioner Arnold absent). Negative Declaration approved. CONDITIONAL USE PERMIT NO. 2090 AND NEGATIVE DECLARATION: OWNER: Harvey S. Owen, P. O. Box 308, Buena Park, CA 90621 AGENT: Robert Gibson, 1160 North Kraemer Boulevard Anaheim, CA 92806 LOCATION: 1160 North Kraemer Boulevard. Property is approximately 0.9 acre with a frontage of 175 feet on the east side of Kraemer Boulevard located 242 feet south of the centerline of Coronado Street (The Shack). Requests reinstatement of this permit and an amendment to a condition of approval pertaining to a time limitation (approved on March 12, 2001 to expire on August 2, 2001), to permit public entertainment accessory to an existing restaurant with sales of alcoholic beverages for on-premises consumption. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement to Conditional Use Permit No. 2090 for one year to expire on August 27,2002 (PC2001-126) (6 yes votes, Commission Arnold absent). Negative Declaration previously approved. REPORTS AND RECOMMENDATIONS: -~*"~."-~'~'~.~ ANAHEIM CITY COUNCIL MEETING MINUTES SEPTEMBER 18, 2001 PAGE 18 179 815. CONDITIONAL USE PERMIT NOS. 527. 995.1037. AND 2701 AND VARIANCE NO. 2365 - REQUEST FOR TERMINATION: Nehemiah Corporation, Attn: Scott Syphax, 1851 Heritage Lane, Suite 201, Sacramento, CA 95815, requests termination of Conditional Use Permit Nos. 527, 995, 1037, and 2701 and Variance No. 2365. Property is approximately 3.7 acres with a frontage of 350 feet on the north side of Lincoln Avenue located 970 feet east of the centerline of Knott Street (3335-3351 West Lincoln Avenue). ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit Nos. 524, 995, 1037 and 2701 and Variance No. 2365 terminated (PC2001-114) (7 yes votes). 179 816. CONDITIONAL USE PERMIT NO. 4100 - REQUEST FOR REVIEW OF FINAL SIGN PROGRAM AND NEGATIVE DECLARATION: Donco and Sons, Inc., 725 North Cypress Street, Orange, Ca 92867, requests review of a final sign program. Property is approximately 3.3 acres located at the southwest corner of Old Canal Road and Weir Canyon Road (905-985 North Weir Canyon Road). ACTION TAKEN BY THE PLANNING COMMISSION: Approved final sign plans for Conditional Use Permit No. 4100 (7 yes votes). Negative Declaration previously approved. 179 817. CONDITIONAL USE PERMIT NO. 3935 - REQUEST FOR REVIEW OF FINAL PLANS AND NEGATIVE DECLARATION: Bhikhu Patel, 24351 Rue de Gaugin, Laguna Niguel, CA 92677, requests review and approval of final sign plans. Property is approximately 1.5 acres with a frontage of 280 feet on the west side of Magnolia Avenue located 280 feet north of the centerline of La Palma Avenue (1125 North Magnolia Avenue - Magnolia Plaza Office Building). ACTION TAKEN BY THE PLANNING COMMISSION: Final sign plans for Conditional Use Permit No. 3935 approved, in part (7 yes votes). Negative Declaration previously approved. 179 B18. CONDITIONAL USE PERMIT NOS. 913.2318 AND 2596 - REQUEST FOR TERMINATION: Newmark Merrill Companies, Attn: Sandy Sigal, 18801 Ventura Boulevard, Suite 300, Tarzana, CA 91356 requests termination of Conditional Use Permit Nos. 913, 2318 and 2596. Property is approximately 27.11 acres located at the southeast corner of Lincoln Avenue and State College Boulevard (2124 and 2156 East Lincoln). ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit Nos. 913, 2318 and 2596 terminated (PC2001-115) (7 yes votes) . 6:00 P.M. PUBLIC HEARINGS: Mayor Daly stated at the start of the Council meeting that the three land use public hearing items would need to be re-advertised for the hearing date of October 2, 2001, due to the cancellation of the Council meeting last week because of the attacks at the World Trade Center and the Pentagon. The following public hearings would be re-advertised for October 2, 2001: 179 C1. CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2001-04372. CATEGORICALLY EXEMPT - CLASS 11: _A~oocccc.o ~cc~ c~,~,=,_~,~~,~~~,~" c" ANAHEIM CITY COUNCIL MEETING MINUTES SEPTEMBER 18, 2001 PAGE 19 OWNER: Vineyard Christian Fellowship 5340 East La Palma Avenue, Anaheim, CA 92807 AGENT: Craig A. Pahl, 5340 East La Palma Avenue Anaheim, CA 92807 LOCATION: 5300 - 5340 East La Palma Avenue. Property is approximately 23.1 acres with a frontage of 1 ,187 feet on the south side of La Palma Avenue located 2,370 feet west of the centerline of Imperial Highway (Vineyard Christian Fellowship). To construct two marquee signs. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2001-04372 granted, subject to conditions of approval (PC2001-82) (6 yes votes, Commissioner Bristol absent). (Review of the Planning Commission decision requested Council Member McCracken and Mayor Daly. Public hearing continued from Council meeting of August 7,2001, Item C3). MOTION CEQA FINDING: Categorically Exempt, Class 11. RESOLUTION NO. CONDITIONAL USE PERMIT NO. 2001-04372. 179 C2. CONDITIONAL USE PERMIT NO. 2001-04386 AND NEGATIVE DECLARATION: OWNER: Melville Gene Kannard, 811 West Sycamore Street Anaheim, CA 92805 AGENT: Richard Kannard, 746 North Anaheim Boulevard Anaheim, CA 92805 LOCATION: 754 and 760 North Anaheim Boulevard. Property is approximately 0.34 acres located at the southeast corner of North Street and Anaheim Boulevard. To permit an auto repair facility and an automobile sales lot. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2001-04386 denied (PC2001-95) (5 yes votes, Commissioner Boydstun voted no and one Commissioner vacancy). Negative Declaration approved. (Review of the Planning Commission decision requested by Council Members Kring and Tait at the Council meeting of August 7, 2001). MOTION CEQA FINDING: NEGATIVE DECLARATION. RESOLUTION NO. CONDITIONAL USE PERMIT NO. 2001-04386. 179 C3. VARIANCE NO. 2001-04440. CATEGORICALLY EXEMPT - CLASS 1: OWNER: Mark T. Kettler, 6 East Yale Loop, Irvine, CA 92604 LOCATION: 1125 and 1127 West Diamond Street. Property is 0.23 acre having a frontage of 75 feet and a maximum depth of 135 feet located 105 feet east of the centerline of Carleton Avenue. Waiver of minimum dimensions of parking spaces to permit the conversion of carports into enclosed garages and to permit interior partition walls in conjunction with an existing apartment complex in the RM-1200 (Residential, Multiple Family) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Approved Variance No. 2001-04440 (ZA2001-23). (Review of the Zoning Administrator's decision requested by Council Member Feldhaus and Mayor Daly at the Council meeting of August 7, 2001, Item 810). ~,"-~~~~.,., -~".........." ANAHEIM CITY COUNCIL MEETING MINUTES SEPTEMBER 18, 2001 P AG E 20 MOTION CEQA FINDING: Categorically Exempt, Class 1. RESOLUTION NO. VARIANCE NO. 2001-04440. Readvertised for a public hearing on October 2, 2001. D. ReDort on Closed Session Actions: City Attorney White reported the following actions took place in Closed Session: Hensel Phelps Construction Co. v. City of Anaheim, Orange County Superior Court Case No. 01 CC05453, approve and authorize the City Attorney to execute Settlement Agreement and General Release between Helix Electric, Inc., Hensel Phelps Construction Co. and City of Anaheim in the amount of $210,000. City of Anaheim v. Ball Euclid Plaza LLC, Orange County Superior Court Case No. 01CC0647, approve and authorize the Mayor and City Clerk to execute settlement agreements with: (1) Panda International Corporation dba Happy Panda Buffet located at 927 South Euclid Street in the amount of $103,067; and (2) Sarab, Inc., (Anaheim Liquor) located at 937 South Euclid Street in the amount of $85,000; and (3) Little Caesar Enterprises, Inc., located at 1711 West Ball Road, in the amount of $140,000. City of Anaheim v. Kap Sun Lee, et aI., Orange County Superior Court Case No. 01 CC07116, approve and authorize Mayor and City Clerk to execute acquisition agreement with Kap Sun Lee and Yo-Ok Kim Lee for property located at 1676 West Ball Road, in the amount of $50,000. E. Council Communications: All Council Members spoke about the recent events at the World Trade Center in New York City on September 11, 2001. Mayor Daly asked for support for the Fire and Police Departments and asked that the meeting be adjourned in memory of the Anaheim residents who lost their lives in the World Trade Center events. Council Member Tait said that he was proud of the organized plan that was implemented to protect citizens, facilities, water supplies and electric utilities during the attack on America and he complimented the work of the Police and Fire Departments. Council Member McCracken expressed her gratitude to the Police and Fire Departments and her support for the people of New York. She requested a list of rail projects such as Metrolink, Lightrail, Maglev, Centerline, and Orangeline be provided to the Council since they would have impact on the City. Council Member Kring thanked Fire Battalion Chief Pillar, who was in New York at the time and stayed to assist his fellow fire fighters and she reported that six Anaheim Firefighters would be sent to New York to assist in the search and rescue efforts. She suggested that the City hold a candlelight service at the Memorial on Center Street Promenade. Council Member Kring announced that the 10th Annual Race for the Cure would be held September 23, 2001, at Fashion Island. =c4,"u~.", ."'"""'..,,~ c~u"~_~~,,"'__.,.,~ ANAHEIM CITY COUNCIL MEETING MINUTES SEPTEMBER 18, 2001 PAGE 21 Council Member Feldhaus said that the World Trade Center events were a wake up call for Americans and expressed his advocacy for stopping base closures and increasing the military fo rce. Adjournment: There being no further business to come before the City Council, Mayor Daly adjourned the meeting at 7:40 P.M. in memory of the three residents who lost their lives in the World Trade Center incident on September 11, 2001: Charles Burlingame, III, Chris Newton and Gerald Paskins. Next regular City Council meeting is scheduled for September 25, 2001 Respectfully submitted: ./-v/J/ _ . ~ ~ Sheryll Schroeder, CMC/AAE City Clerk ,-.........~_...__~. ""'0