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1995/04/25CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTE8 April 25, 1995 The City Council of the City of Anaheim met in regular session. PRESENT= PRESENT= ABSENT= PRESENT= MAYOR= Daly COUNCIL MEMBERS= Lopez, Tait, Zemel, Feldhaus (in @ 6=03 p.m.) COUNCIL MEMBERS= None CITY MANAGER= James Ruth CITY ATTORNEY= Jack White CITY CLERK~ Leonora N. Sohl ASSISTANT CITY CLERK= Ann M. Sauvageau FIRE CHIEF= Jeff Bowman DIRECTOR OF PUBLIC WORKS/CITY ENGINEER= Gary Johnson POLICE CHIEF= Randall Gaeton INTERGOVERNMENTAL RELATIONS OFFICER= Kristine Thalman PLANNING DIRECTOR= Joel Fick SENIOR PLANNER= Jonathan Borrego INVESTIGATOR= Jim Gandy BUILDING DIVISION MANAGER= Julie King A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2=00 p.m. on April 21, 1995 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the workshop portion of the meeting to order at 3~20 p.m. City Manager, James Ruth. He introduced Fire Chief, Jeff Bowman who will make the workshop presentation today. 129= VERY HIGH FIRE HAZARD SEVERITY ZONE - Fire Chief, Jeff Bowman. The subject is very technical and a somewhat controversial issue. Assembly Bill No. 337 (Bates) was approved by the Governor on September 27, 1992. It is an act to add Chapter 6.8 (commencing with Section 51175) to the Government Code and amend Section 13108.5 of the Health and Safety Code relating to fire protection. It was adopted after the disastrous Oakland fire of 1991. He referred to the handout given to the Council (see Assembly Bill No. 337 (Bates) - Chapter 1188, the booklet submitted to the Council - made a part of the record). Chief Bowman's presentation was a briefing of the material contained in the documents submitted which also included a detailed explanation of the requirements of the Bates Bill as outlined on page 2, item i through 6. The slides presented corresponded with the submitted documents. The Chief's presentation covered the boundaries of the zone and why they were chosen, an explanation of the rating criteria for such zones, how point values were assigned using the rating criteria, local agency exceptions, none of which apply to Anaheim, required fire protection measures for dwelling units, roof covering rating descriptions, etc. He also referred to a map displayed in front of the dais showing all the areas in the County to be designated Very High Fire Hazard Severity Zone (VHFHSZ). The cities that do not fall under the bill are those that do not have at least one square mile of brush area. After Chief Bowman's extensive presentation, he answered questions posed by Council Members wherein he clarified the following= There is no question that the City is impacted by the bill, the boundaries are the 55 Freeway to the CITY OF ~N~HEIMt CALIFORNIA - COUNCIL MINUTES - April 25, 1995 west and all areas south of the 91 Freeway to the south City limits, positive8 and negatives of the bill were briefed, when a re-roofing occurs on existing structures covering 50% of the total structure or more, at least Class B type roofing must be used, no negative impact is anticipated relative to residential insurance rates, the City does not have a choice but to pass an ordinance and enact the measures spelled out in AB337. He believes Anaheim will be the first City to do so. Relative to the letter from the Irvine Company on the subject, (see letter dated 4/25/95 received earlier this date), there is a meeting scheduled with the Irvine Company on Friday and the Fire Department welcomes the discussion. Before concluding, Chief Bowman noted that two of the letters sent to developers regarding this important issue were returned as non-deliverable. He will, therefore, be requesting a continuance of the matter scheduled to be heard at the Public Hearing on tonight's Council agenda (Item D1.) City Attorney White. His office also just received the letter from the Irvine Company. He has not had a chance to review it. At the 6=00 P.M. Public Hearing this evening, he will be recommending to the Council that the hearing be continued not one week, but three weeks to give sufficient time to determine what he believes to be the issues. Roger Grabel. He represents the Irvine Company and appreciates staff's offer to meet with them which they will do. He apologized for the lateness of the letter sent by FAX this afternoon. The map distributed in March was misinterpreted and it was not until the staff report came out Friday that they had some concerns. Mayor Daly. He thanked staff for the informative presentation. REQUEST FOR CLOSED SESSION~ City Attorney Jack White requested a Closed Session noting first that there are no additions to Closed Session items. 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= In re= County of Orange, Debtor, U.S. Bankruptcy Court, Central District Case No. SA 94- 22272~ and In re= Orange County Investment Pools, U.S. Bankruptcy Court, Central District No. SA 94-22273. 2. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION= Name of cases Anaheim Stadium Associates v. City of Anaheim, Orange County Superior Court Case No. 44-81-74. 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property= 2000 Gene Autry Way (Anaheim Stadium Property) Negotiating parties= City of Anaheim and Golden West Baseball Co. Under negotiations Price and terms 4. LIABILITY CLAIMS Claimants Michelle Seeley Agency claimed against= City of Anaheim C~TY OF ANAHEIM~ CALIFORNIA - COUNCTL ~NUTE8 - Ap~l 25~ ~995 5. LIABILITY CLAIMS claimant= Juan Lopez Agency claimed against= City of Anaheim 6. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property~ 50 S. Anaheim Boulevard Negotiating parties~ Anaheim Redevelopment Agency and Wood Bridge Village, LTD Under negotiation~ Price (1st Trust Deed) 7. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property= 125 W. Harbor Place Negotiating parties= Anaheim Redevelopment Agency and Koll-Anaheim Center Under negotiation= Terms and conditions of a lease RECESS: Council Member Daly moved to recess into Closed Session. Council Member Zemel seconded the motion. MOTION CARRIED. (4=10 p.m.) AFTER RECESS~ The Mayor called the meeting to order, all Council Members being present with the exception of Council Member Feldhaus, and welcomed those in attendance to the Council meeting. ( 5~18 p.m.). Mayor Daly announced that Council Member Feldhaus was present for the workshop portion of the meeting and Closed Session but had to leave and would be rejoining the Council Meeting shortly. INVOCATION~ The Reverend John P. Lenihan, St. Boniface Catholic Church, gave the invocation. FLAG SALUTE= Council Member Leu Lopez led the assembly in the Pledge of Allegiance to the Flag. 119~ PRESENTATION - 1995 CALIFORNIA RELEAF ANAHEIM TREE HERO AWARD= Mrs. Sally White, Releaf Anaheim, first commended Jack Kudron, Superintendent of Parks and Golf and his staff for all the cooperation and support given to Releaf Anaheim for the past 18 months. She then gave the background on the award recipient, Jaide, singling her out as the backbone of the organization. She asked the Council to present the award (a plaque) to Jaide. Mayor Daly presented the plaque and along with the Council Members, commended and congratulated her. Council Member Zemel, Director of Releaf Anaheim, stated that he has not seen anyone work harder or longer than Jaide who also effectively utilizes the services of high school students to assist in the Releaf programs. He also recognized other Board Members including Mrs. White. 119: THE FOLLOWIN~ WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIMEs PROCLAMATION recognizing April 26, 1995, as Tip-A-Cop Day in Anahe~ PROCLAMATION recognizing April 30, 1995, as Doaestic Abuse Awareness Day in Anaheia CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - April 25, 1995 DECLARATION honoring Finance Director, George Ferrone, upon his retirement from the City DECLARATION recognizing August 17, 1995, as Victor~ in Pacific Da~, August 17, 1995 FINANCIAL DENAND8 AGAINST THE CITY in the amount of $2,923,953.07 for the period ending April 21, 1995, in accordance with the 1994-95 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redeveloi~nent Agency and Housing Authority meetings. ( 5~32 p.m.) Mayor Daly reconvened the City Council meeting. ( 5~36 p.m.) ADDITIONS TO THE AGENDA~ There were no additions to agenda items. ITEMS OF PUBLIC INTEREST~ Linda Visser Nath, Visser's Florist, 701 W. Lincoln, Anaheim. A long time and on-going problem for her and others with businesses on Lincoln, although she is speaking only for herself, is that the windows of her business are continually shot out. This has occurred approximately 9 to 10 times. She has replaced 18 windows in two years that are 70 X 100 at a cost of almost $10,000. She is requesting more Police patrolling in the area of Lincoln Avenue. She knows that the Police cannot do anything without catching those responsible but she does not feel the area is being patrolled properly and certainly not enough. She is looking for advice or comments -- anything she can do to stop the vandalism. She is asking for more patrolling on Lincoln during the hours of 11=00 P.M. to 3~00 A.M. It is a burdensome expense for her. She explained for the Mayor that she has only spoken to the Police Officers who respond to the call. They basically say there is nothing they can do unless the perpetrators are caught red handed. The businesses feel the incidents have to be gang related. Initiation into gangs is to break out windows in order to become a gang member. They have been hit especially hard in the last two weeks - Anaheim Patio has had seven windows shot out and Anaheim Travel, two windows. Mr. Kurt Lorig, Anaheim Patio and Fireside, 1312 N. Lincoln Avenue, Anaheim. He has four doors boarded up and he is not going to replace them. He would like to know if somebody has any suggestions to help resolve the problem. He has spoken to the Police Chief and he has been helpful. They do need help badly. Maxine Weigand, Anaheim Travel, 604 W. Lincoln Avenue, Anaheim. From Harbor Blvd. to the freeway on-ramp down Lincoln (going West), eight or ten buildings have windows or doors boarded up because of broken glass. It is very costly and time consuming. It is also unsightly and not a good image for Anaheim. Mayor Daly. Due to the apparent rash of vandalism, he will ask the Chief of Police to suggest whatever he can to the property owners who have been victimized. If there is a pattern, perhaps a strategy can be developed. Council Member Lopez. In his neighborhood around State College, several windows have been shot out. It is all over the City. C~TY OF ANAHE~H~ CALIFORNIA - COUNCIL ~INUTE8 - Ap~l 25~ ~995 PUBLIC COMMENTS - AGENDA ITEMS= There were no public comments on City Council Agenda items. MOTION~ Council Member Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of April 25. Council Member Zemel seconded the motion. Council Member Feldhaus was absent. MOTION CARRIED. CITY MANaGER/DEPARTMENTAL CONSENT CALENDARs on motion by Mayor Daly, seconded by Council Member Zemel, 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 Resolution No. 95R-62 for adoption and offered Ordinance Nos. 5493 and 5494 for first reading. Refer to Resolution/Ordinance Book. Al. 118~ Rejecting and/or denying certain claims filed against the City. a. Claim submitted by Denise Tannahill for bodily injury sustained purportedly due to actions of the City on or about September 18, 1994. b. Claim submitted by Gholam H. Amiri for property damage sustained purportedly due to actions of the City on or about January 13,1995. c. Claim submitted by Michelle Lynn Seeley for bodily injury and property damage sustained purportedly due to actions of the City on or about February 1, 1995. d. Claim submitted by Juan Jose Lopez for property damage and bodily injury sustained purportedly due to actions of the City on or about January 17, 1995. A2. e. Claim'bubmitted by Joan Chacon for property damage sustained purportedly due to actions of the City on or about March 14, 1995. 105= Receiving and filing minutes of the Senior Citizens Commission meeting held March 9, 1995. Receiving and filing minutes of the Community Services Board meeting held March 16, 1995. A3. 123~ Approving a Third Amendment to Agreement with The SWA Group, in the amount of $12,000 for landscape architectural and aesthetics technical assistance for the I-5 Freeway, and waiving Council Policy 401 regarding the selection of the SWA Group. A4. 170~ Approving the Final Map of Tract No. 14736, and the Subdivision Agreement with Pinetree Village, LTD (subject to ~he finaliza~ion of Abandonment No. 93-2A). Said tract is a condominium conversion located on the east side of Tustin Avenue, north side of Rlverdale Avenue, at 500 North Tustin Avenue. AS. 151: Approving an Encroachment License Agreement with Veena Jhawar for a four foot retaining wall across an existing storm drain easement located at 5180 Copa De Oro (94-7E). A6. 158= Approving the Right-of-Way/Right-of-Entry Agreement for 1100-1150 South Anaheim Boulevard, and authorizing the acquisition payment of CITY OF ANAHE~H~ C&L~FORN~& - COUNCIL ~INUTE8 - April 25~ L995 $168,000 to Chrysler Realty Corporation (R/W 5068-1, 2 & 3 - Ball Road/Anaheim Boulevard Critical Intersection Street Widening Project). (Council Member Tait abstained from voting on this item.) A7. 158: Approving the Right-of-Way/Right-of-Entry Agreement for 125 East Ball Road, and authorizing the acquisition payment of $47,800 to East- West Federal Bank, F.S.B. for the benefit of Cheng-I Hou and Jin Su Hou (R/W 5068-4 - Ball Road/Anaheim Boulevard Critical Intersection Street Widening Project). (Council Member Tait abstained from voting on this item.) AS. 158: Approving the Right-of-Way/Right-of-EntryAgreement for 1300 South Anaheim Boulevard, and authorizing the acquisition payment of $32,238 to the Owen Company (R/W 5068-6 & 7 - Ball Road/Anaheim Boulevard Critical Intersection Street Widening Project). (Council Member Tait abstained from this item.) Cary Johnson, Director of Public Works and City Engineer answering Mayor Daly reported that the intersection improvement project will be brought to the Council for award in June and it will be approximately 2-3 months before construction starts. There will be one additional parcel on the southeast corner to be submitted to the Council in two weeks. 161: Approving the submission of the Youthbuild Implementation Grant Application for $1 million, and authorizing the Mayor and Executive Director of the Community Development Department to execute the required application documents and certifications. Al0. 177: Authorizing the Mayor to execute letters of endorsement for applications for 113 units under the Section 8 Rental Voucher Program and Rental Certificate Program and for 50 certificates under the Section 8 Family Unification Program. All · 000: ORDINANCE NO. ~493 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM AMENDINC SUBSECTION .050 OF SECTION 10.12.085 OF CHAPTER 10.12 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SEWER IMPACT FEES. ORDINANCE NO. 5494 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 10.14.050 OF CHAPTER 10.14 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE RELATING TO STORM DRAIN IMPACT FEES. Councll Member Lopez stated that he is voting no on this item; City Attorney White. While no vote is technically required on this item tonight, Council Member Lopez's action will be noted for the record. A vote will be required next week when the ordinances are before the Council for adoption. A12. 130: RESOLUTION NO. 95R-162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING, FOR THE PURPOSES OF REVIEW, THE FCC FORM 394 SUBMITTED BY M L MEDIA PARTNERS, L.P. RELATIN~ TO A FRANCHISE TRANSFER AND PRESCRIBING CERTAIN PROCEDURES RELATIN~ THERETO. Mayor Daly asked what type of role and authority does City government have in allowing the purchase of the existing cable franchise and is this the extent of the Council's actions or the first in a series. Kristine Thalman, Intergovernmental Relations Officer. This is one of the many actions that will take place. It is merely accepting the application. The next step will be the negotiations with Multivision as well as the new CITY OF ANAHEIM, CALIFORNI~ - COUNCIL MINUTES - April 25, 1995 company. She co~firmed this action basically starts the process. They told Multivision and Century that this has been put on a fast track at their request. Typically it takes one year to ten years depending on the progress of negotiations. Mayor Daly wanted to be sure that City government was not surrendering any regulatory authority; City Manager Ruth answered that, on the contrary, the City is making sure there is compliance. Mrs. Thalman is following this closely and will bring all information to the Council. Roll C&11 Vote on Resolution No. 95R-62 for adoption= AYES= MAYOR/COUNCIL MEMBERS= Daly, Lopez, Tait, Zemel NOES= MAYOR/COUNCIL MEMBERS= None ABSENT= MAYOR/COUNCIL MEMBERS= Feldhaus The Mayor declared Resolution No. 95R-62 duly passed and adopted. END OF CONSENT CA?.~NDAR. MOTIONS CARRIED. (Council Member Tait abstained from voting on items A6, A7 and A8.) BOARDS AND COMMISSIONS: A13. 105~ To consider the appointment of Dianne Edwards, Orange County Social Services Director of Adult and Employment Services, to represent the public sector category on the Anaheim Private Industry Council for a term of three years. Council Member Zemel. He is abstaining for the sole reason that he does not know Ms. Edwards. MOTION. Mayor Daly moved to appoint Dianne Edwards to represent the public sector category on the Anaheim Private Industry Council for a term of three years. Council Member Lopez seconded the motion. Council Member Zemel abstained. Council Member Feldhaus was absent. MOTION CARRIED. A14. 105= APPOINTMENT/REAPPOINTMENTOF SEVEN MEMBERS TO THE BUDGET ADVISORY COMMISSIONI Using the procedure established by their Resolution No. 95R-39, nominating and electing seven members to reconstitute the Budget Advisory Commission. (Two terms expire June 30, 1996; two terms expire June 30, 1997; two terms expire June 30, 1998; one term expires June 30, 1999.) Continued from the meeting of April 18, 1995, Item A26. City Clerk Leonora Sob1. The Council today has received the most recent list of applicants. The last meeting of the Budget Advisory Commission was April 21. The next is mid-May; City Manager Ruth. The April meeting was cancelled because of the transition that is taking place. Council Member Lopez. Sharon Ericson has requested that her name be withdrawn from consideration because of a conflict in her business. Council Member Tait. With the next BAC meeting a month away, he would like to again continue the appointments for one week. 7 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES - April 25~ L995 Council Member Lopez. He suggests that each Council Member pick one individual and then the Council can decide on the remaining two in order to expedite the process. City Attorney White. He explained on questioning by Council Member Zemel that the legal requirements are that all appointments to commissions by the Council have to be voted upon by the entire Council. In the past, on occasion, Council has followed a procedure similar to what Council Member Lopez suggested, that each Council Member nominate one individual but after that, by rules of order, it takes three affirmative votes for appointment. That cannot be changed because the Charter requires the Council to make the appointment rather than individual members. MOTION. On motion by Council Member Tait, seconded by Council Member Zemel, appolntments/reappointments to the Budget Advisory Commission were continued one week. Council Member Feldhaus was absent. MOTION CARRIED. A15. 105: Accepting the resignation of Ray Kincanon from the Senior Citizens Commission, and directing the City Clerk to post a notice of said vacancy (term expires 6/30/96). MOTION. Mayor Daly moved to accept the resignation of Ray Kincanon from the Senior Citizens Commission. Council Member Zemel seconded the motion. Council Member Feldhaus was absent. MOTION CARRIED. A letter of thanks is to be sent to Mr. Kincanon for his services. Council Member Feldhaus entered the Council Chamber (6:03 p.m.). ITEMS B1 - B5 FROM THE PLANNING COMMISBION MEETING OF APRIL 3~ 1995 INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 25v 1995 B1. B2. 179: CONDITIONAL USE PERMIT NO. 1374 AND NEGATIVE DECLARATION: OWNER: CHEMICAL BANK, cio J.E. Robert Company Inc., 12100 Wilshire Blvd., Ste. 1200, Los Angeles, CA 90025 AGENT: DR. GENE LEE, 1100 South Claudina Place, Anaheim, CA 92805 LOCATION: 1360 South Anaheim Boulevard. Property is approximately 2.39 acres located on the east side of Anaheim Boulevard and approximately 125 feet north of the centerline of Palais Road. Petitioner requests review of revised plans for substantial conformance with previous approval for a non-industrial training center and retail distributing and service business firms to establish a court reporting college. ACTION TAKEN BY THE PLANNING COMMISSION: Approved revised plans for CUP NO. 1374 (PC95-38) (5 yes votes, 1 abstained, and i absent). Approved Negative Declara%ion. 179: CONDITIONAL USE PERMXT NO. 3757, CATEOORXC;T~ EXEMPT, CLASS 11: OWNER: K-MART CORPORATION, 3100 W. Big Beaver Rd., Troy, Michigan 48084; WCB Develolxaent, 450 Newport Center Drive, Ste 304, Newport Beach, CA 92660; DeBeikes/Pacific Auto Partners, 5289 Alton Parkway, Irvine, CA 92714 AGENT: Anaheim Redevelopment Agency, Attn: Rob ZurSchmiede, 201 South Anaheim Boulevard, Anaheim, CA 92705 CITY OF ANAHEIM, CALIFORNI~ - COUNCIL MINUTES - April 25, 1995 LOCATION= Property is approximately 57.8 acres located north of the Riverside (91) Freeway, south of the Santa Ana River and west of Weir Canyon Road. To permit the Savi Ranch retail community wayfinding sign program. ~CT~ON TAKEN ~Y THE PLANNING COMMISSION= CUP NO. 3757 GRANTED (PC95-39) (6 yes votes, i absent). B3. 179= VARIANCE 4251, CATE~ORIC~?~ EXEMPT, CLASS 11= OWNER= K-MART CORPORATION, 31000 W. Big Beaver Road, Troy, Michigan, 48084-3163 AGENT= GREGORY SIMONOFF ARCHITECTS, 20101 Southwest Birch Street, Ste. 210, Santa Ana Heights, Ca 92707 LOCATION~ 1095 Pullman street ~K-Mart~. Property is approximately 18.69 acres located on the west side of Pullman Street. Petitioner requests approval of additional wall signage and monument signage in conjunction with a previously approved sign variance. ACTION TAKEN BY THE PLANNING COMMISSION= Approved additional signage for Variance No. 4251 (PC95-40) (6 yes votes, i absent). B4. 179= WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3750 AND NEGATIVE DECLARATION= OWNER= George O. Abbes and Abel Sanchez, 608 S. Harbor Boulevard, Anaheim, CA 92805 LOCATION~ 804 N. Anaheim Boulevard. Property is approximately 0.16 acre located on the east side of Anaheim Boulevard and approximately 95 feet north of the centerline of North Street. To permit an automobile sales lot with a temporary office trailer with waiver of minimum refuse storage requirements. ACTION TAKEN BY THE PLANNING COMMISSION~ CUP NO. 3750 GRANTED, IN PART - denied temporary office trailer, (PC95- 41) (6 yes votes, 1 absent). Approved waiver of code requirement. Approved Negative Declaration. Mayor Daly posed questions to staff expressing concern that the site appeared to be very small for a car lot while also having to use the alley for access. Jonathan Borrego, Senior Planner. The Planning Commission actually limited the number of cars that could be displayed on the property to a maximum of 20. The access to the property is off the alley and not Anaheim Boulevard. It does meet parking requirements. There will be a temporary office building on the property. The applicant previously withdrew his request for a temporary trailer. Joel Fick, Planning Director. There was no time frame attached to the CUP by the Planning Commission. It is granted to the property. The use will be monitored relative to the number of cars on the lot. It is a condition of approval subject to monitoring by Code Enforcement. If any problems are observed, Code Enforcement could act accordingly. After additional clarification by staff, Mayor Daly noted that his questions had been answered. There was no further action taken by the Council on this item. REPORTS AND RECOMMENDATIONS~ CTTY OF ANi%HETM, C&LTFORNI& - COUNCIL MINUTES - &pti1 25, lgg5 ES. 166~ FINAL PLAN REVIEW NO. 95-1~ REQUEST FOR A 35-SQUARE FOOT WALL MOUNTED SIGN= REQUESTED BY= John E. Coyle, 915 17TH Street, Modesto, CA 95354 LOCATION= 2040 South Harbor Boulevard. Petitioner requests review of final plans for a 35-square foot wall mounted sign within the Anaheim Resort Specific Plan area. ACTION TAKEN BY THE PLANNING COMMISSION= Finding the proposed sign plans in conformance with the requirements of the Anaheim Resort Specific Plan and approving the subject final site plan on the basis that the petitioner agreed to A) eliminate the W- shaped crown symbol above the words "Best Western"; and B) provide an opaque background to the sign copy. B6. ITEM B6 FROM THE PLANNING COMMISSION MEETING OF APRIL 1995 INFORMATION ONLY - ~PPEAL PERIOD ENDS APRIL 27m 199~ 155= ENVIRONMENTAL IMPACT REPORT NO. 298 AMENDMENT TO THE CYPRESS CANYON SPECIFIC PLAN (SP90-3) TENTATIVE PARCEL MAP NO. 94-205= OWNERs COAL CANYON COMPANY, Attn= James O'Malley, 25200 La Paz Road, Suite 210, Laguna Hills, CA 92653 LOCATION= Subject property which is described as the 697-acre Coal Canyon property, is generally bordered on the north by the Riverside (SR-91) Freeway and the Coal Canyon Road interchange, on the east by unincorporated territory within the County of Riverside and by the Cleveland National Forest, on the south by unincorporated territory within the County of Orange in the City of Orange's sphere-of-influence, and on the west by the Mountain Park Specific Plan (SP90-4), and further described as the Cypress Canyon Specific Plan (SP90-3). The petitioner requests an amendment to Ordinance No. 5296 Cypress Canyon Specific Plan (SP90-3) pertaining to conditions of approval'in order to process a tentative parcel map for conveyance purposes only. The petitioner also requestB approval of Tentative Parcel Map No. 94-205 (within Development Area 12 of the Cypress Canyon Specific Plan (SP90-3) in order to create a one-lot parcel map for conveyance purposes only. ACTION TAKEN BY THE PLANNING COMMISSION= Tentative Parcel Map No. 94-205 is conditional upon finalization of the Specific Plan (SP90-3) (5 yes votes, 2 absent). Amendment to the Cypress Canyon Specific Plan (SP94-205) to be scheduled for a public hearing before the City Council. EIR NO. 298 previously certified. A public hearing is required on this item since it is a requested amendment to a specific plan. Mayor Daly offered Ordinance No. 5492 for adoption. Refer to Ordinance book. BT. 179~ ORDINANCE NO. 5492 FOR ADOPTION= AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 94-95-07 LOCATED AT 1009 EAST LINCOLN AVENUE FROM THE ML, CH, AND RM-1200 ZONES TO THE RS-7200 ZONE. (Introduced at the meeting of April 18, 1995, Item B1.) Mayor Daly offered Ordinance No. 5492 for adoption. Roll Call Vote on Ordinance No. 5492 for adoption~ 10 CITY OF ANAHEIMv CALIFORNI& - COUNCIL MINUTES - &pti1 25, 1995 AYES= NOES~ ABSENT= MAYOR/COUNCIL MEMBERS~ MAYOR/COUNCIL MEMBERS~ MAYOR/COUNCIL MEMBERS= Daly, Feldhaus, Lopez, Tait, Zemel None None The Mayor declared Ordinance No. 5492 duly passed and adopted. D1. 129: PUBLIC HEARING - DESIGNATION OF VERY-HIGH FIRE-HAZARD SEVERITY ZONE: To consider an ordinance designating a very-high fire-hazard severity zone as recommended by the California Division of Forestry. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW CHAPTER 16.40, SECTIONS 16.40.010 THROUGH 16.40.020, INCLUSIVE, TO TITLE 16 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO DESIGNATION OF VERY HIGH FIRE HAZARD SEVERITY ZONES. Mayor Daly. There was a public workshop on this issue at 3~00 P.M. today. The staff report reconunends that the item be continued to May 2, 1995~ however, the City Attorney this afternoon stated his recommendation would be to continue the matter until May 16, 1995. City Attorney White. He confirmed that the recommendation is a three-week continuance and that it would be appropriate to open the Public Hearing at this time, take any testimony that may be presented, and subsequently continue the matter for t~ree weeks. The reason is to allow an opportunity to resolve some outstanding issues with one or more of the property owners in the proposed high fire area. Mayor Daly opened the Public Hearing and asked if anyone wished to speak~ there was no response. MOTION. Mayor Daly moved to continue the subject Public Hearing for three weeks, to May 16, 1995. Council Member Zemel seconded the motion. MOTION CARRIED. Council Member Lopez. He recommended that this matter be publicized as best Possible in order to avoid any misunderstanding by residents as was the case regarding the sewer fees. C1. 107: APPLICATION FOR A POOL ROOM PERMIT - VAN'S BILLIARD~ REQUESTED BY: TA TRUNG NGUYEN, 6118 Westview Drive, Orange, CA 92669 LOCATION: 910~ 912 & 914 South Harbor Boulevard (Van's Billiard) Applicant requests a permit to operate ten to twenty pool tables at 910, 912 and 914 South Harbor Boulevard - Van's Billiard. Mayor Daly. Staff report dated April 25, 1995 from the Code Enforcement Division contains input from the Police Department with the recommendation that the application be denied listing the reasons why. MOTION. Mayor Daly moved to deny the application for a Pool Room Permit for Van's Billiard submitted by Ta Trung Nguyen (property located at 910, 912 and 914 S. Harbor Boulevard). Council Member Feldhaus seconded the motion. Before a vote was taken, City Attorney White stated that the motion should also incorporate the findings set forth in the April 25, 1995 staff report numbered 1. through 3. on page 1. 11 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - April 25, 1995 Mr. Ta Trung Nguyen, applicant and owner. The property has been vacant for a long time. It is a tourist area. It is very dark walking in that area at night. There should be some business there to activate the area. They have tried to sell or lease the property but with no success. They have tried to find a way to save their property. They do not receive any income at all on the property. He lives in Orange but has businesses in Anaheim. He will be at this business permanently and will take care of it. He will install a lot of lights and make the tourists feel safe. If the City has any ideas, he is willing to listen. If he opens and anything goes wrong, he will do whatever necessary to correct the situation in order to save his property and create a profit in the area. He will keep a good and clean business and cooperate with Police and Code Enforcement to take care of his property. Investigator, Jim Gandy - Police Department. He explained for Council Member Tait the criteria used in recommending denial of the application (see report of 4-25-95). Council Member Lopez. As a Police Officer for 26 years, that is a very high crime rate area. He sympathizes with the owner but feels the business would generate additional crime activity. A vote was then taken on the foregoing motion of denial including the incorporation of the following findings~ 1. The proposed location is in an area which has been identified by the Anaheim Police department as a high crime area with crime statistics for the area being 371% above the 1994 average for the entire city. 2. The proposed use would contribute to noise and loitering problems in an area which is already experienc£ng excessive noise, loitering and other related problems~ such problems would be detrimental to the public order and adversely affect the surrounding commercial and residential useB. 3. Such activities would adversely affect the safety of the patrons and operators of other businesses in the area and the public order by requiring an inordinate amount of Police response to the site. MOTION CARRIED. C2o 114: DISCUSSION REQUESTED BY COUNCIL MEMBER FELD~AUS AT THE MEETING OF APRIL 18v 1995v TO CONSIDER AN RFP FOR PRZVATIZATION OF THE CONVENTION CENTER. Mayor Daly. He first noted that two documents had been received from the City Manager -- one labeled, Convention Center Management, and the other a summary of budget information and various other details. He deferred to Council Member Feldhaus who initiated the item. Council Member Feldhaus. After some opening remarks regarding the matter, he explained how he had come to discuss the issue of privatization briefly with the City Manager. The matter has been considered and the City has hired the firm of Coopers & Lybrand (C a L) to do a study regarding the Convention Center. He asked the matter to be agendized for Council discussion today and also asked the City Manager to provide information and recommendations, which he has done. He would also like to hear from other members of staff as well as the thoughts of other Council Members. He believes there may be organizations who would be interested in running the Convention Center and 12 C'rTY OF ANAHE'rH~ CAL'rFORNTA - COUNCIL HI'NUTE8 - Ap:r:L'! 25~ L995 that there are about 50 convention centers across the United States in high- occupancy venues that are privatized. There seems to be a trend and that is why he asked for a discussion on the matter. Mayor Daly. He notes that the report from the City Manager recommends that until the completion of the Coopers & Lybrand report and evaluation to be completed in June, that the Council not make any changes in management strategies at the Convention Center. It is primarily a cost-benefit study regarding the potential effectiveness of capital improvements in the expansion of the facility. He asked if the study was also going to be looking at internal issues such as private sector management. City Manager Ruth. The study will include an assessment of facilities around the country. Staff has also asked C a L to look at the organizational structure, what is happening in the convention center business and how it compares with Anaheim. They are meeting with C & L again on June 2, 1995 which will be a wrap-up meeting. The results of the study are expected to be completed by mid-June for submittal to the Council. He also confirmed for Council Member Zemel that the information to be supplied in the study will be sufficient information on which to make a judgment. Any additional information can be supplied by staff. C & L is very knowledgeable and they have a good grasp of this business across the United States. After further Council discussion and questions posed to City Manager Ruth, Council Member Zemel thanked Council Member Feldhaus for bringing the matter forward. He feels the recommendation by the City Manager is a good one. Council Member Lopez. He has been working with City Manager Ruth and staff and supports the reorganization instituted by Mr. Ruth which has already saved several hundred thousand dollars and will undoubtedly save more. He favors the City Manager's proposed plan and to wait for at least a year. He feels privatization at this point is premature. They should let Greg Smith, General Manager of the Stadium and now also the Convention Center, do the job for the next year and have the City Manager come back and give the results. The matter should be reviewed in one year and they should not spend additional money or effort on the matter at this time. Before concluding, City Manager Ruth explained for Council Member Feldhaus that as of now, there will be no subsidizing Convention Center operations with General Fund money for the next year. When staff met with C a L last week, they could not believe that the City did not subsidize the operations of the Convention Center through the General Fund. They are not aware of any convention center in the country at this time that does not have some subsidy from the general fund that is publicly operated. Mayor Daly. The City Manager has laid out an approach which is to first and foremost allow the Big 8 accounting firm's cost-benefit analysis to be completed before there are any changes in management philosophy. Unless there is disagreement, City Manager Ruth has his direction. Council Member Feldhaus asked to hear from Charles Ahlers who was present in the Chamber audience. Charles Ahlers, President, Anaheim/Orange County Visitor and Convention Bureau. He does not believe there is a building (convention center) in the country that is at break even. Every city is envious of Anaheim and its well run, well staffed facility. The Convention Center is big, but not big enough. It needs more meeting space, a focused lobby area and more exhibit space. He 13 CITY OF ANAHE'r~ CALIFORNIA - COUNCIL MINUTES - Apr:L1 25~ 1995 briefed those users of the Convention Center who use every bit of space and who are anxious to have the building expanded. They have to put a new front on the building and a new face on their sales effort. The future is good but they need to be able to compete with surrounding convention centers. Anaheim has a great product, but they have to make it better and more competitive. 112: REPORT ON CLOSED SESSION ACTIONS: No report was made on closed session actions. ADJOU~NT: By general Council consent, the City Council meeting of April 25, 1995 was adjourned. ( 6:55 p.m.) LEONORA N. SOHL, CITY CLERK 14