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1995/05/09CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES May 9, 1995 The City Council of the City of Anaheim met in regular session. PRESENT: PRESENT: ABSENT~ PRESENT: MAYOR= Daly COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus COUNCIL MEMBERS~ None CITY MANAGER~ James Ruth CITY ATTORNEY~ Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann M. Sauvageau EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich DIRECTOR OF PARKS, RECREATION & COMMUNITY SRVCS/GOLF: Chris Jarvi HOUSING MANAGER: Bertha Chavoya JOB TRAINING PROGRAM MANAGER: Marge Pritchard ZONING ADMINISTRATOR: Annika Santalahti DEPUTY CITY ENGINEER~ Russell Maguire DEPUTY CITY MANAGER: Tom Wood FIRE CHIEF~ Jeff Bowman A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 1:50 p.m. on May 5, 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=22 p.m. City Manager, James Ruth. Lisa Stipkovich, Executive Director of Community Development will make a presentation today on the Community Development Consolidated Plan Document. 161: COMMUNITY DEVELOPMENT CONSOLIDATED PLAN DOCUMENTs Lisa Stipkovich, Executive Director of Community Development gave an overview of the subject plan including the extensive process which resulted in the creation of the plan. The plan is to be acted upon by the Council at the 5=00 P.M. portion of the meeting today. The slide presentation and briefing given by Mrs. Stipkovich covered, amongst a variety of issues, an overview of the citizen participation process which included seven community input workshops and a community-wide telephone survey conducted to identify needs regarding housing and neighborhoods, economic development, city infrastructure and public servicesv a summary of the survey covering each issue, the formation and makeup of the Community Development Advisory Board, the three major components of the plan (Needs Assessment, 5-Year Strategic Plan 1995-99, Action Plan for Fiscal Year 1995-96), the dollar amounts allocated for the plan under the three activities (CDBG, HOME, ESG), and HUD funded Youth Job Program. Hard copies of the slides presented were submitted prior to the meeting and made a part of the record. Also, see staff report dated May 9, 1995 from the Community Development Department recommending approval of the Consolidated Plan Document and a copy of the actual plan document entitled - City of Anaheim - HUD Consolidated Plan, April - 1995 - also made a part of the record. CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - May 9, 1995 During and at the conclusion of her presentation, Mrs. Stipkovich answered questions posed by Council Members. Chris Jarvi, Director of Parks, Recreation and Community Services. (See hard copies of slides entitled - Neighborhood Strategy - Continuum of Neighborhood Services). He explained the process that had been devised out of which will come a Neighborhood Services Action Plan. Once developed, they will be working with the Neighborhood Services Division. This division will be a facilitator of the program with most of the actions coming out of the departments themselves. Before concluding the presentation, both Mrs. Stipkovich and Mr. Jarvi answered/clarified questions posed by Council Members relative to the information presented. Mrs. Stipkovich also introduced some members of the Community Development Block Grant Committee Board who were present in the Chamber audience (Glen Hellyer, Thomas Holguin, June Lowry) expressing her thanks for the many hours and the effort put forth by those who were involved in this long but meaningful process. Mayor Daly thanked staff for the presentation as well as citizens who gave of their time in formulating the plan which this year mandated that a five-year strategy be created as well. The Council will be acting upon the application at the 5s00 P.M. portion of the meeting. REQUEST FOR CLOSED SESSION= City Attorney, Jack White requested a Closed Session noting first that there was an addition to the Closed Session items listed which will be Item No. 7 and that there is a need to take immediate action since the matter came to the attention of the City subsequent to the agenda being posted. MOTION= Mayor Daly moved to waive the 72-hour posting provision of the Brown Act finding there is a need to take immediate action on this new item, that the need to act came to the attention of the City subsequent to the agenda being posted, and there is a need for the Council to consider and act upon it before the next regular City Council meeting. Council Member Lopez seconded the motion. MOTION CARRIED. PUBLIC COMMENTS - CLOSED SESSION ITEMSs 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 cases In res County of Orange, Debtor, U.S. Bankruptcy Court, Central District Case No. SA 94-22272; and In res 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 the Golden West Baseball Co. CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - May 9, 1995 Under negotiation: Price and terms 4.CONFERENCE WITH REAL PROPERTY NECOTIATOR Property: (1) 1621 Douglass Rd.; (2) 1133 Homer St. and 1170 Anaheim Blvd. Negotiating parties: City of Anaheim and County of Orange Under negotiation: Prices and terms 5.CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Dave Hill Employee organization: Anaheim Police Association, and HSEU, Local 399 6.THREAT TO PUBLIC SERVICES OR FACILITIES Consultation with: Chief of Police, Anaheim Police Department 7.CONFERENCE WITH LEGAL COUNSEL: Anticipated litigation and significant exposure to litigation pursuant to subdivision (b) of Sec. 54956.9 of the Govt. Code - one case. RECESS: Mayor Daly moved to recess into Closed Session. Council Member Tait seconded the motion. MOTION CARRIED. ( 4:15 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. ( 5:45 p.m.) INVOCATION: Reverend Bob Kuest, Anaheim First Christian Church, gave the invocation. FLAG SALUTE: Council Member Zemel led the assembly in the Pledge of Allegiance to the Flag. 119 ~ PRESENTATIONS Recognizing the 1995 Grant Winners for Anaheim Arts Council PRESENTATION - 1995 GRANT WINNERS - ANAHEIM ARTS COUNCIL: Mrs. Shirley McCracken and Mrs. Julie Mayer, Anaheim Arts Council were present to announce and make a presentation to the 1995 Grant Winners. Mrs. McCracken noted that the Arts Council was established in 1977 and acts as an Advisory Board to the Council relating to fine arts and other matters referred to it by the Council. Tonight, the Arts Council is going to distribute $19,250 to 17 cultural projects in the City. She then announced each of the groups and the individuals present to accept the grants and Certificates of Acknowledgment were distributed to each by Mrs. Mayer. At the conclusion of the presentation, Mayor Daly and Council Members personally congratulated all of the winners and commended all of the groups and especially the Arts Council for the fine work they are doing in the City, promoting and preserving culture and the arts in Anaheim. 119: PROCLAMATIONS: Recognizing May 15, 1995 as Meals on Wheels Da~ in Anaheim CITY OF ANAHEIM~ CALIFORNIA - COUNCIL ~INUTES - ~&~ 9~ ~995 Mr. Richard Maus accepted the Meals on Wheels Day proclamation and made a plea for volunteers to assist in the program, especially drivers. Recognizing May 14 - 20, 1995, as National Emergenc~ Medical Services Week in Anaheim Jan Turner, the City's Emergency Medical Services Coordinator was present and explained that not only was this recognizing National Emergency Medical Services Week, but also celebrating 20 years of Paramedic Service in Anaheim. She introduced former Fire Chief, Jim Riley who was Chief in 1975 when the service began. Richard Chavez, Anaheim Firefighter's Association then presented a short video which was a public service announcement revolving around Anaheim's Paramedic Service. Subsequently, Fire Chief Jeff Bowman and Ms. Turner accepted the proclamation. RECOCNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME= Recognizing June 3 - 9, 1995, as Management Week in Anaheim FINANCIAL DEMANDB ~G~INBT THE CITY in the amount of $1,323,781.51 for the period ending May 5, 1995, in accordance with the 1994-95 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. ( 6=14 p.m.) Mayor Daly reconvened the City Council meeting. ( 6=19 p.m.) ADDITIONS TO THE AGENDA= There were no additions to agenda items. ITEMS OF PUBLIC INTEREST= No items of public interest were addressed. PUBLIC COMMENTS - AGENDA ITEMS= Public input was received on Item A15 (see discussion under that item). MOTIONs Council Member Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of May 9, 1995. Council Member Feldhaus seconded the motion. MOTION CARRIED. CITY MANaGER/DEPARTMENTAL CONSENT CALENDAR= 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 Nos. 95R-68 through 95R-71, both inclusive, for adoption and offered Ordinance No. 5495 for adoption. Refer to Resolution/Ordinance Book. Al. 118~ The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management~ a. Claim submitted by J G Transwerks for property damage sustained purportedly due to actions of the City on or about March 8, 1995. CITY OF ANAHEIMv C~LIFORNI~ - COUNCIL MINUTES - May 9, 1995 b. Claim submitted by Edward N. Bader for property damage sustained purportedly due to actions of the City on or about March 8, 1995. A2. 105: Receiving and filing minutes of the Anaheim Park and Recreation Commission meeting held March 22, 1995. 140= Receiving and filing the Anaheim Public Library Statistical Report for the month of March, 1995. 105~ Receiving and filing minutes of the Anaheim Public Library Board meeting held March 22, 1995. 105~ Receiving and filing minutes of the Anaheim Private Industry Council meeting held March 23, 1995. 128= Receiving and filing the Monthly Financial Analysis presented by the Director of Finance for nine months ended March 31, 1995. 105= Receiving and filing minutes of the Mother Colony House Advisory Board meeting held September 12, 1994. AS. 151~ Approving an Encroachment License Agreement with Atlantic Richfield Company (Encroachment No. 95-1E) for a ground water monitoring well located at La Palma Avenue east of Imporial Highway. Council Member Tait stated he is abstaining from voting on Item A3 due to a conflict of interest. A4. AS. 158~ Approving the Right-of-Way/Right-of-Entry Agreement for 1200 South Anaheim Boulevard - R/W 5068~5, Ball Road/Anaheim Boulevard Critical Intersection Street Widening Project (Pao-Yeh Lin, Hong-Pin Lin and Bib Hwey Lin)~ and authorizing the acquisition payment of $100,800. . 123~ Approving Amendment Noz 3 to Cooperative Agreement No. C-93-625 with Orange County Transportation Authority for right-of-way capital acquisition and right-of-way support services for the Harbor Boulevard/Lemon Street/SR-91 Freeway Interchange Improvement Project~ and authorizing the Mayor and City Clerk to execute said Agreement on behalf of the City. A6. 164= RESOLUTION NO. 95R-68= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE "SOUTH BROOKHURST CORRIDOR AREA AND THE REMAINING ANAHEIM PLAZA AREA i SEWER DEFICIENCY STUDY". RESOLUTION NO. 95R-69= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE "NORTH CITY AREA 1 SEWER DEFICIENCY STUDY" PERTAINING TO AN AREA GENERALLY LOCATED NORTH OF THE RIVERSIDE FREEWAY, EAST OF LEMON STREETw AND SOUTH OF ORANGETHORPE AVENUE. A7. 160= Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a Purchase Order to Homac Company c/o Inquip Sales, in an amount not to exceed $50,000 for 16 types of electrical connectors and parts for warehouse inventory stock. A8. 160~ Accepting the low bid of Cablec Utility Company, in an amount not to exceed $876,489.60 for 64,000 feet of 15KV power cable, in accordance with Bid $5380. CITY OF B/q~HEIM, C~LIFORNI~ - COUNCIL MINUTES - May 9, 1995 Ag. 160= Accepting the low bid of Industrial Asphalt, in an amount not to exceed $50,000 for cold mix asphalt, for a period of one year commencing July 1, 1995, in accordance with bid 25379. Al0. 123: Approving the terms and conditions of a tolling agreement with ML Media Partners, L.P. (Multivision). All. 108= ORDINANCE NO. 5495: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 2.12.010 OF CHAPTER 2.12 OF TITLE 2 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO TRANSIENT OCCUPANCY TAXES. (Introduced at the meeting of May 2, 1995, Item A14.) Al2. 106~ Approving the schedule for review and adoption of the proposed budget, and setting public hearings regarding said matter for June 6, 13, and 20, 1995, at 2=00 p.m. A13. 123: Approving a Space Use Agreement with Pacific Bell for placement of public telephones on City premises. Answering Council Member Lopez, City Manager Ruth confirmed that staff is requesting that this item be removed from the agenda at this time. Staff has new information which might put the City in a position to generate additional income from the proposal. A14. 137: RESOLUTION NO. 95R-70: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM PROVIDING FOR THE BORROWING OF FUNDS FOR FISCAL YEAR 1995/1996 AND THE ISSUANCE AND SALE OF 1995 TAX AND REVENUE ANTICIPATION NOTES THEREFOR. (Sale of 1995/96 Tax and Revenue Anticipation Notes - $22 million). 123: Approving an Agreement with Jones Hall Hill and White at a cost of $10,000 plus reimbursable expenses not to exceed $2,500 for bond counsel services. A15. 174~ Approving the Community Development/Housing Consolidated Plan Document, and authorizing the Mayor and Executive Director to execute the required certification and submission documents, including the FY 1995/96 Federal funding application for $4,992,000 in Community Development Block Grant; $1,319,000 in HOME; and $136,000 in Emergency Shelter Grant entitlement funds. Mr. Lew Overholt, 300 S. Harbor Blvd., Anaheim, Ca. He is speaking on behalf of Darrell Ament, President of Anaheim Museum, Inc., a non-profit organization functioning in the Carnegie Library. The museum filed an application to be considered for a grant of $40,000 to expand its multi-cultural exhibits. He then explained some of the background of the museum and the expanding role it plays in the community. He reported that the museum is aggressively pursuing funding not only from private sources, but also a funding arrangement with the City. He is asking the Council to reconsider the museum's application or even a lesser grant to support what the museum has been trying to do for the community for the last 13 years. Seferino Garcia, Solevar Community Development, P. O. Box 10003, Anaheim. (See Mr. Garcia's two-page letter dated May 9, 1995 - made a part of the record.) His major concern relative to funding allocations is that, 'the national objectives of HUD and the objectives of the Community Development Block Grant program against the allocation of the City of Anaheim's CDAB budget" do not appear to him to be going in the same direction. Money is not C~TY OF ~N~%HE~ C~L~FORN~ - COUNCIL H~NUTES - ~&~ 9~ L995 reaching the grass roots level of low and moderate income residents and the youth of the City. The Council should seriously review the consolidated plan for the future so that it better reflects the objectives of HUD and so that the plan's objectives "can truly affect change at the neighborhood level and thus affect a positive change for the entire City." Mayor Daly asked the City Manager if he had anything further to add regarding this item. City Manager Ruth. Staff has a recommendation for Council consideration based on discussions and negotiations with the YMCA ("Y") last week. Mayor Daly. Last year, the "Y" received $25,000 in CDBG funds. He would like to know staff's perspective on funding for the "Y" which is in transition and attempting to move from their current location on North Street to a new community center complex in the heart of downtown. City Manager Ruth. There have been discussions with staff and the "Y" on this matter in the last few days. Apparently there was some confusion in terms of the "Y"'s ability to make a presentation before the board in support of their request for CDBG funding. Staff has reviewed the allocation plan as presented to the Council tonight and there is almost no discretionary money left. He is suggesting the Council consider taking $50,000 each out of the Citron Park site acquisition and the South Anaheim Neighborhood Community Center (SANC), putting that $100,000 into a contingency fund and subsequently have staff go back and meet with the "Y" to review their proposal again. Should staff agree on their program and understand exactly what they are trying to do with their allocation, staff would then come back to the Council for a recommendation to include that in the plan. Answering Council Member Zemel, Mr. Ruth explained it would require additional funding to make the two acquisitions (Citron and SANC}. They can proceed to acquire as much property as possible with the available funding and then go back next year and try to get additional funding through CDBG or other grant monies. After additional discussion regarding the present status of the "Y", Mayor Daly asked that in the City Manager's report back to the Council, that he address some of the issues - re= the challenge the 'Y" faces, what their conceptual site is adjacent to the downtown community center and any other issues that are relevant. City Manager Ruth clarified his recommendation is that the plan be adopted as presented with the two exceptions resulting in holding $100,000 in contingency funds. Lisa Stipkovich. They can do what the City Manager suggests. The application could be approved in the form suggested with the contingency line item and submitted to HUD. Staff would subsequently come back to the Council. The Council could then take time to review the "Y''s request, and at a later date allocate funds from contingency into a new activity. The Council does have the option of approving the application with a contingency of $100,000 to be clarified later. In the meantime, staff could submit the application to HUD. Council Member Zemel. He feels it is crucial to have a "Y" downtown and is looking for security that they are going to get the money. He asked if there was a way they could incorporate that tonight, vote on it and include language CITY OF ANAHEIM, CALIFORNI& - COUNCIL MINUTES - May 9, .1995 that staff will be working with them; City Manager Ruth stated he preferred to proceed in the manner he recommended. Council Member Lopez agreed that he would like to get the facts first. Council Member Feldhaus. When the matter is brought back to the Council next week, he would also like the City Manager to determine how they can allocate about $10,000 to the museum; the reason being, there has been a major face lift on that corner (Anaheim Blvd. and Broadway), the museum now has a full- time curator, and there are many tourists coming to Anaheim. Mayor Daly. The City Manager's recommendation is to approve the package on the agenda with the modification articulated that would create a $100,000 contingency. The City Manager will report back next week with a more definitive recommendation on the use of the $100,000 potentially for the YMCA program based on more facts, productive use of that money and anything else that was said. City Manager Ruth. Based on the recommendation by Council Member Feldhaus, there may be some extra money in terms of the contingency fund. Staff will be glad to review that with the museum and come back to the Council with that as part of the recommendation next week. Council Member Tait. He is a current Board Member of the YMCA and, therefore, will be abstaining on that portion relating to placing funds into contingency from the Citron and SANC projects to "Y" programs. A16. 175~ RESOLUTION NO. 95R-71s A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR A USED OIL MANAGEMENT PROGRAM AND AUTHORIZING THE PUBLIC UTILITIES GENERAL MANAGER TO EXECUTE NECESSARY DOCUMENTS, AND TAKING ANY AND ALL ACTIONS NECESSARY TO IMPLEMENT THE PROGRAM. A17. 123s Approving an Agreement with Ferrellgas to allow the continuation of the sale of propane gas at the Convention Center through January 11, 1998; and to continue to pay the City a commission for that privilege. Greg Smith, General Manager, Anaheim Stadium and Convention Center explained for Council Member Feldhaus that the arrangement they have with Ferrellgas is strictly for the use of contractors working at the Convention Center. It is merely for their convenience and to provide a safe environment for them to fill their propane tanks. A18. 114~ Approving minutes of the City Council meeting held April 18, 1995. Council Member Feldhaus. The minutes of April 18, 1995 should reflect that he abstained due to a conflict of interest on Item All that date. city Clerk Sohl. The minutes will be corrected accordingly. Roll Call Vote on Resolution Nos. 95R-68 through 95R-71, both inclusive, for adoptions AYESs MAYOR/COUNCIL MEMBERS s NOES: MAYOR/COUNCIL MEMBERSs ABSENTs MAYOR/COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly None None 8 CITY OF ]tN~HEIMv CALIFORNIA - COUNCIL MINUTES - M&y 9v 1995 The Mayor declared Resolution Nos. 95R-68 through 95R-71, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance No. 5495 for adoptions AYES= MAYOR/COUNCIL MEMBERS= NOES= MAYOR/COUNCIL MEMBERS= ABSENT= MAYOR/COUNCIL MEMBERS~ Tait, Lopez, Zemel, Feldhaus, Daly None None The Mayor declared Ordinance No. 5495 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. (Council Member Tait abstained from voting on Item A3 and on the portion of Item A15 pertaining to the YMCA. Item A13 was withdrawn from Consent Calendar Agenda by staff.) A19. 105: APPOINTMENT TO FILL THE SENIOR CITIZENB COMMISSION VACANCY: Appointment to the Senior Citizens Commission to fill the unscheduled vacancy of William Erickson (term ending 6/30/97). A20. 105~ APPOINTMENT TO FILL THE PUBLIC LIBRARY BOARD VACANCY~ Appointment to the Public Library Board to fill the unscheduled vacancy of Barbara Whorton (term ending 6/30/95). Mayor Daly. He is suggesting a two-week continuance on both of the foregoing appointments. MOTION. Mayor Daly moved to continue the appointment to the Senior Citizens Commission and the Public Library Board for two weeks to 5/23/95. Council Member Zemel seconded the motion. Before a vote was taken, Mayor Daly explained for Council Member Feldhaus his reasons for requesting the continuance. He has discussed the Library Board vacancy with current members of the board. There were suggestions relative to filling that vacancy with background expertise that is not now represented on the board and an attempt to make it as reflective of the community as possible. Relative to the Senior Citizens Commission, he wants to be sure the vacancy is broadcast as far and wide as possible. A vote was then taken on the motion of continuance. MOTION CARRIED. ITEMS B1 - B8 FROM THE PLANNING COMMISSION MEETING OF APRIL 17, 1995 INFORMATION ONLY - APPEAL PERIOD ENDS NAY 9, 1995 BI. 155t ENVIRONMENTAL IMPACT REPORT NO. 298 AMENDMENT TO THE CYPRESS CANYON SPECIFIC PLAN (SP90-3) TENTATIVE PARCEL MAP NO. 94-205 OWNER= COAL CANYON COMPANY, Attn= James O'Malley, 25200 La Paz Road, Ste. 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 C~TY OF ~,Ni%HE~ C~LIFOI~ - COUNCIL ~[NUTES - ~&~ 9~ ~995 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 (sPg0-3) pertaining to conditions of approval in order to process a tentative parcel map for conveyance purposes only. The petitioner also requests approval of Tentative Parcel Map No. 94-205 (within Development Area 12 of the Cypress Canyon Specific Plan (sPg0- 3)) in order to create a one-lot parcel map for conveyance purposes only. ACTION TAKEN BY THE PLANNING COMMISSION= Amendment to Specific Plan No. 90-3 GRANTED (PC95-42) (5 yes votes, 2 absent). Tentative Parcel Map No. 94-205 APPROVED. EIR NO. 298 previously certified. NOTE~ THIS ITEM SCHEDULED FOR A PUBLIC HEARING BEFORE THE CITY COUNCIL ON MAY 23, 1995. City Clerk Sohl deferred to the City Attorney relative to the need for a Public Hearing on this item. city Attorney White. He was not aware there was an issue on this matter until 6~00 P.M. He does not have an opinion at this point. It may well be that it is not necessary to schedule the matter as a Public Hearing. If a Public Hearing is not required, notices will not be sent but merely appear on the agenda as an amendment to the previously approved Specific Plan. He will need to review the Specific Plan document to determine if a Public Hearing is needed. There was no further action taken by the Council at this time. If a Public Hearing is required, it will be held on May 23, 1995 at 6=00 P.M. B2. 179s CONDITIONAL USE PERMIT NOS. 1936, 2751 AND VARIANCE NO. 761 CATEGORICALLY EXEMPT, CLASS INITIATED BYs City of Anaheim Planning Commission, 200 S. Anaheim Blvd., Anaheim, CA 92805 OWNER= PRAHALAD BHAKTA, 420 S. Beach Boulevard, Anaheim, CA 92804 LOCATION= 420 South Beach Boulevard (Ruby Inn Motel). Property is approximately 0.76 acre located on the east side of Beach Boulevard and approximately 530 feet north of the centerline of Orange Avenue. City initiated request to consider the termination or modification of Variance No. 761 (to erect an 18-unit motel), Conditional Use Permit No, 1936 (to expand an existing motel from 18 to 27 units with waiver of maximum structural height), and Conditional Use Permit No. 2751 (to construct an 18-unit addition to an existing 27-unit motel) pursuant to Code Section 18.03.091 of the Anaheim Municipal Code. ACTION TAKEN BY THE PLANNING COMMISSION: Modified CUP'S 1936, 2751 and Variance No. 761 with the condition that they shall terminate in 18 months (October 17, 1996) (PC95-43) (5 yes votes, 2 absent). B3. 179s VARIANCE NO. 2375 AND NEOATIVE DECLARATIONs INITIATED BY= City of Anaheim Planning Commission, 200 S. Anaheim Blvd., Anaheim, CA 92805 LOCATIONs Tract Nos. 7617, 7730, 7731, 7732, 7733, 7734, 7735 and 7736. Subject property, consisting of approximately 100 acres, is generally located south of the Riverside Freeway, north of Santa Ana Canyon Road, 10 C'rTy OF ~%N~HE'rM~ CAL'rFORN'rA - COUNC'rL ~TNUTES - M&y 9~ 1995 B4. BS. B6. B7 · east of Fairmont Boulevard and extending easterly to the intersection of Santa Ana Canyon Road and the Riverside Freeway. A City-initiated amendment to the terms of approval for Variance No. 2375 prohibiting two story homes, limiting the maximum living area to 1,550-square feet and limiting the maximum number of bedrooms to three for lots which are 6,000 to 6,500 square feet in size. ACTION TAKEN BY THE PLANNING COMMISSION= APPROVED the amendment to the terms of approval for Variance No. 2375 (PC95-44) (5 yes votes, 2 absent). Negative Declaration previously approved. 179z CONDITIONAL USE PERMIT NO. 3262 - SUBSTANTIAL CONFORMANCE DETERMINATION REQUEST AND ONE YEAR EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL REQUESTED BY: The Botich Partnership, Marko E. Botich, 883 S. Anaheim Blvd., Anaheim, CA 92804 LOCATION: Property is located at the northwest corner of Monte Vista Road and Weir Canyon Road. Petitioner requests substantial conformance determination of revised plans for Conditional Use Permit No. 3262 (to permit a commercial retail center and a car-wash facility with gasoline sales with waiver of the required setback adjacent to a scenic expressway) and a one year extension of time to expire April 23, 1996. ACTION TAKEN BY THE PLANNING COMMISSION: Determined that revised plans are in substantial conformance with previously-approved plans with the stipulation that the gourmet market use will be changed back to retail as originally approved; and approving an extension of time for Conditional Use Permit No. 3262 to expire on April 23, 1996. 179~ CONDITIONAL USE PERMIT NO. 3623 - RETROACTIVE TIME EXTENSION: REQUESTED BY~ FRANK MINISSALE, 111 South Mohler Drive, Anaheim, CA 92808 LOCATIONs 111 South Mohler Drive. Petitioner requests a retroactive time extension for Conditional Use Permit No. 3623 (to permit a 94-bed convalescent facility) to expire on March 22, 1996. ACTION TAKEN BY THE PLANNING COMMISSION: Retroactive extension of time APPROVED (to expire 3/22/96). 166~ FINAL PLAN ~EVIEW NO. 95-02 - REQUEST FOR REVIEW OF ONE WALL MOUNTED SIGN WITHIN THE ANAHEIM RESORT SPECIFIC PLAN AREA (SP92-2)~ REQUESTED BY: Acme Wiley Corp. 9357 Peron Boulevard, Rancho Cucamonga, CA 91730 ATTN: Sue Modreger, Project Coordinator LOCATION: 915 South Harbor Boulevard. Petitioner requests final plan review for one wall mounted sign within the Anaheim Resort Specific Plan Area (SP92-2). ACTION TAKEN BY THE PLANNING COMMISSION: Approved final site plans. 179~ CONDITIONAL USE PERMIT NO. 2167 - SUBSTANTIAL CONFORMANCE DETERMINATION REQUEST: REQUESTED BY: Anderson and Associates, 4175 East La Palma Avenue, Suite 170, Anaheim, CA 92807. LOCATION: 5601 E. La Palma Avenue. Petitioner requests substantial conformance determination to enclose approximately 15000 square feet (currently used for parking underneath an existing building) for data storage under Conditional Use Permit No. 11 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - May 9, 1995 2167 (to permit an industrial office complex in the ML, Limited Industrial (SC) zone). ACTION TAKEN BY THE PLANNING COMMISSION~ Determined that subject plans are in substantial conformance with original approved plans with the added condition that additional landscaping including clinging vines shall be planted along the created blank building walls on the south elevation. Be. 179~ VARIANCE A251 - SUBSTANTIAL CONFORMANCE DETERMINATION REQUEST: REQUESTED BY~ GREG SIMONOFF, 20101 Southwest Birch Street, Ste. 210, Newport Beach, CA 92660 LOCATION= 1095 Pullman Street. Petitioner requests substantial conformance determination for a previously approved wall sign under Variance No. 4251 (waiver of shopping center identification sign and maximum number of wall signs). ACTION TAKEN BY THE PLANNING COMMISSION~ Determined to be in substantial conformance. Bg. 000z REQUEST FOR REHEARINGz PUBLIC STREET FACILITIES PLAN ESTABLISHMENTOF A ~ERRITOS AVENUE/DOUGLASS ROAD AREA STR~ETREIMBURSEMI~q~ FEE PROGRAM~ To consider the adoption of a resolution establishing the Cerritos Avenue/Douglass Road Area Street Re{mBursement Fee Program. Continued from the meetings of March 14, 1995, Item D1, and March 21, 1995, Item D1; and at the meeting of April 4, 1995, Item D1, the public hearing was opened, public input received, and the HEARING WAS CLOSED and continued to 4/18/95.} At the meeting of 4/18/95, there was no motion offered overruling all protests (4/Sths vote required); and since there was no motion offered, there was no action taken to direct the City Attorney to prepare a resolution establishing the Cerrito8 Avenue/Douglass Road Area Street Reimbursement Fee Program at a fee of $0 against Parcel A and $112,800 against Parcel B of the Cerritos Avenue/Douglass Road area, and specifying that the fee will be reviewed 1) at the time final actual costs are available and 2) at the time of development approval for Parcel B. Therefore, Council took no action on this item. The request for rehearing was submitted by TeJas Partners, LTD. City Attorney White. Relative to the request for a rehearing, the Council made a decision by not taking an action (see minute8 of April 18, 1995). Tejas is appealing the Council not taking an action. At this time, the Council has the discretion to approve or deny the request for a rehearing. It should be based upon the reasons submitted in the Declaration of Merit dated April 28, 1995. Tejas is exhausting its administrative remedies. MOTION. Council Member Zemel moved to deny the request for rehearing. Council Member Feldhaus seconded the motion, Before a vote was taken, Council Member Feldhaus stated Tejas Partners was present at the Public Hearing. He does not see anything in their explanation that would change his opinion; Council Member Zemel. He believes the matter was heard and subsequently continued giving Tejas two opportunities for input. (See minutes of April 4 and April 18, 1995). A vote was then taken on the motion to deny the request. MOTION CARRIED. 12 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - May 9, 1995 ITEMS B10 - Bll FROM THE ZONING ADMINISTRATOR MEETING OF APRIL 27t 1995= DECISION DATE= MAY 4, 1995 INFORMATION ONLY - APPEAL PERIOD ENDS MAY 15, 1995 B10. 170: TENTATIVE PARCEL MAP NO. 95-118 AND VARIANCE NO. 4271 AND NEGATIVE DECLARATION: OWNER: IMPALA PROPERTIES, LTD., 2020 Lynx Plaza, Ontario, CA 91761 AGENT: PROWESTERN DEVELOPMENT CO., 9121 Haven Avenue, Suite 250, Rancho Cucamonga, CA 91730 LOCATION: 5507 -5615 East La Palma Avenue. Property is approximately 20.0 acres, with frontage of approximately 826 feet on the north side of La Palma Avenue, having a maximum depth of approximately 811 feet and being located approximately 580 feet west of the centerline of Imperial Highway. Petitioner requests approval of Tentative Parcel Map No. 95-118 to establish five industrial parcels, with waiver of required lot frontage for three parcels. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Tentative parcel Map 95-118 APPROVED (ZA Decision No. 95-08). Variance No. 4271 APPROVED (ZA Decision No. 95-07) NOTE: Variance No. 4271 has a 15-day appeal period which expires May 19, 1995. Approved Negative Declaration. Annika Santalahti, Zoning Administrator. She explained for the Mayor that in this case, the property ie already developed and does not involve subdividing of a larger parcel. Bll. 170: TENTATIVE PARCEL MAP NO. 86-417 REQUEST FOR EXTENSION OF TIME: REQUESTED BY: MICHAEL J. LEPORE, 17151-211 Corbina Lane, Huntington Beach, CA 92649-5113 LOCATION: 1701-1731W. Katella Avenue and 1731-1771 S. Euclid Street Petitioner requests an extension of time for Tentative Parcel Map No. 86-417 to June, 1996. ACTION TAKEN BY THE ZONING ADMINISTRATOR: One-year extension of time APPROVED to expire on June 14, 1996. D1. 000= PUBLIC HEARING - ESTABLISHING A FIRE PROTECTION FACILITIES AND PARAMEDIC SERVICES IMPACT FEE FOR THE ANAHEIM RESORT ~REA~ To consider an Ordinance amending Title 16, Chapter 16.40 of the Anaheim Municipal Code, establishing a Fire Protection Facilities and Paramedic Services Impact Fee for the Anaheim Resort Area of Anaheim. (A Resolution establishing the amount of the Fire Protection Facilities and Paramedic Services Impact Fee to be considered in conjunction with the adoption of the ordinance.) PUBLIC NOTICE REQUIP. EMENTS MET BY: Legal Advertising Published - March 23, 1995 and March 30, 1995. Gary Johnson, Director of Public Works and City Engineer briefed joint re~ort from his department and Fire Chief Bowman dated April 10, 1995 recommending the establishment of a Fire Protection Facilities and Paramedic Services Impact Fee for the Anaheim Resort Area. 13 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - May 9, 1995 Council Member Zemel. This started with the Disney Resort expansion. Now that they have pulled back, he is wondering why the need for a development fee. Russ Maguire, Deputy City Engineer. What initiated this was not only the Disney Resort Specific Plan, but also the Anaheim Resort and the Hotel Circle project. The announcement Disney has made is a reassessment and not an abandonment of their program. The City expects Disney to proceed. He then explained the reasons and need for the development fee which was also subsequently addressed by Fire Chief, Jeff Bowman and City Attorney White. The City Attorney in his closing comments emphasized that this has a lengthy history and if the City does not establish a mitigation plan to cover increased Fire and Paramedic services, they will have to go back and find an alternative to mitigate those needs in order to keep legal the Environmental Impact Re~orts for any of those projects (Disney Resort, Anaheim Resort, Hotel Circle). The City Council approved those three projects and if the City does not have a mitigation plan in place to offset the demand for fire and paramedic services, they would have great difficulty in sustaining any of the three projects. Mayor Daly opened the Public Hearing and asked to hear from anyone who wished to speak~ there being no response, he closed the Public Hearing. Mayor Daly offered Ordinance 5496 for first reading. ORDINANCE NO. 5496= AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 16.40 TO TITLE 16 OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING A FIRE PROTECTION FACILITIES AND PARAMEDIC SERVICES IMPACT FEE FOR NEW AND EXPANDED DEVELOPMENT IN THE ANAHEIM RESORT. Council Member Zemel. The Council will have an opportunity to discuss the matter one more time when the ordinance has its final reading next week. His concern is that it will impede development by imposing onerous fees on land owners without knowing what is going to happen in the area. Tom Wood, Deputy City Manager. That was one of the major concerns staff has had throughout the entire process. In working with the industry, they have diligently attempted to minimize the fees. The bulk of the improvements being done in the area are being done with the Transient Occupancy Tax and thus are being paid for through the guests who are the beneficiaries of all the improvements. Cl. 171: DISCUSSION AND POSSIBLE ACTION CONCERNING MEASURE R (PROPOSED SALES TAX INCREASE IN ORANGE COUNTY). (Resolution opposing Measure R requested by Council Member Zemel at the meeting of May 2, 1995, Item Cl.) Council Member Zemel. He feels it is time for the Council to show some leadership and establish a position relative to the measure and that the City should take a position of opposition. He does not feel they have yet begun to recover from the last sales tax increase nor has the County explored all options available short of a sales tax. The County has to look at their properties. There are three in Anaheim which the City would like to have. The City should take a position which hopefully would have some value in directing the County to look at other options. Mayor Daly. Any individual Council Member has the right to take a stand on any governmental issue. However, if a Council Member is suggesting that the 14 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES - May 9, 1995 Council as a group take a position and tell voters how to vote on a matter, they need to have all facts at their disposal and & complete and total discussion. Council Member Zemel. He is inviting other Council members to take a position along with his position and if there is a majority, to go forward in drawing up a resolution to submit to the County opposing Measure R. Mayor Daly. He would suggest before doing so, that they invite the County Sheriff, District Attorney, Chief Executive Officer (CEO) and others sponsoring Measure R to attend a Council meeting and describe the role they are taking in ending the County bankruptcy. He had a conversation with Sheriff Gates who will be happy to discuss Measure R at any time and any place. He does not know about the others. Council Member Zemel. He feels it would be great to invite them to discuss the matter but He would still like to have a resolution drawn that would be available for the Council to vote on after hearing from the County officials. They could take a vote tonight to have it drawn and ready to be voted on. He would be satisfied with that. Council Member Lopez. he feels it would be premature to do anything and does not want to take staff time before getting input from those who put the measure together. Council Member Tait. He would like the Council to take a position as a Council. His focus is the people of Anaheim who are paying the taxes and that is why he would be strongly opposed to Measure R. Mayor Daly. He will speak against drafting a resolution until they have had a chance to have a fuller discussion with the principals involved. Council Member Feldhaus. He is philosophically opposed to taxes but he also has a philosophical problem with publicly voting on any matter that does not affect the City. It is his as well as everyone's right to vote in a voting booth. Council Member Zemel. If they are going to bring the County back and bring businesses back to Anaheim, it is only prudent to take a position on the issue. Council Member Tait has offered to draft the resolution himself and he looks forward to that. He also hopes the people in the County who would like to speak on the matter can do so. Hopefully, they can have the discussion under the same item Cl. next Tuesday. Mayor Daly. He asked the City Manager and staff to coordinate with William Popejoy, County CEO and Sheriff Gates to have them speak as soon as it can be arranged. C2 · 114: COUNCIL COMMENTS Council Member Feldhaus. He asked if any more thought had been given to a Saturday morning meeting. Mayor Daly. Council Member Feldhaus has suggested prior to adoption of next year's budget that the Council consider a Saturday morning workshop on the budget and related matters. He (Daly) suggested perhaps the first Saturday in June and that the Council ought to think about it for a week. Such meetings in the past had to do with priority setting/goal setting. 15 C~TY OF ~%_N~E~H~ C~L~FORN~ - COUNCIL H~NUTE8 - ~&~ 9~ City Manager Ruth. They are usually held around the first of the year but staff will be happy to accommodate Council's wishes. C3. 112: REPORT ON CLOSED BESSION ACTIONS: Report by City Attorney: City Attorney White announced that the City Council authorized the City Manager to give written notice to the County of Orange of the City's intent to acquire certain property owned by the County at 1621 Douglass Road, 1133 Homer Street and 1170 Anaheim Boulevard. The vote was all ayes. /~OUI~NT: By general Council consent, the meeting of May 9, 1995 was adjourned (7:40 P.M.) LEONORA N. SOHL CITY CLERK 16