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1994/02/08City Hall, ~Beim, California - COUNCIL MINUTES - F~_~UARY 8, 1994 - 5:00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl TRAFFIC AND TRANSPORTATION MANAGER: John Lower ZONING DIVISION MANAGER: Greg Hastings A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:15 p.m. on February 4, 1994 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the meeting to order at 3:00 p.m. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. To confer with its Attorney regarding pending litigation pursuant to Government Code Section 54956.9(a) to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46; Anaheim Stadium Associates vs. City of Anaheim, et al., Orange County Superior Court Case No. 44-81-74. Purlinsky vs. City of Anaheim, Orange County Superior Court Case No. 61-86- 30. Catanzarite & Co. Inc. vs. City of Anaheim, et al, Orange County Superior Court Case No. 72-35-17. To meet with the City's Real Property Negotiator concerning the lease of property known as the Juliette Low Elementary School site from the Magnolia School District and the sublease of said site to the Los Angeles Rams Football Company. To meet with and give directions to its authorized representative regarding labor relations matters - Government Code Section 54957.6. d. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. e. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager, or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in closed session. By general consent, the Council recessed into Closed Session. (3:00 p.m.) 53 City Hall, Anaheimr California - COUNCIL MINUTES - FEBRUARY 8, 1994 - 5:00 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. (5:21 p.m.). INVOCATION: A moment of silence was observed in lieu of the invocation. FLAG SALUTE: Council Member Frank Feldhaus led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION - BLUE RIBBON COMMITTEE AWARD: Recognizing the City of Anaheim's affordable housing program - recipient of the Blue Ribbon Community Award from the State of California. Mayor Daly and Council Members welcomed Mr. Timothy Coyle, Director, California Department of Housing and Community Develolxaent, a member of Governor Wilson's cabinet. Mr. Coyle stated it was a great pleasure on behalf of Governor Wilson to present this award. Building affordable housing is so difficult in the State particularly in Southern California where there is a great need and substantial obstacles. At the State level, they try to encourage affordable housing statewide by a number of means but it does not happen until local leaders and professional staff make it happen. What Anaheim has done deserves recognition. They want to recognize the best and brightest leaders throughout the State that show can-do attitudes and thus, Governor Wilson created the Blue Ribbon Community Award. In the case of Anaheim, it is not a new-found leadership but long-standing commitment. The State is proud and honored by the City's good work. On behalf of Governor Wilson, he is present to say thank you and congratulations. The award was then presented to Lisa Stipkovich, Executive Director of Community Development and Bertha Chavoya, Housing Manager, on behalf of the City. The Mayor and Council Members, in turn, congratulated them on their being honored with this most prestigious award. Before Mr. Coyle left, Mayor Daly stated since it was such a rare opportunity to have a member of the Governor's cabinet present and in view of the recent occurrences, he asked Mr. Coyle to give a brief summary relative to the Northridge earthquake and what his department is doing to alleviate the housing problem as well as g£ving an update on the status of the efforts being made in the wake of the disaster. Mr. Coyle then gave a brief presentation relaying his first-hand experience since he has been at 'ground zero" for the past three weeks. He elaborated on the cooperative effort among different levels of Government that has taken place which has been a true success story along with the commitment and anticipated support of the private sector. He emphasized, however, that the most outstanding aspect is the resiliency and tenacity of Californians despite the disruption that has taken place. 119= PROCLAMATION: The following proclamation was issued by Mayor Daly and authorized by the City Council~ Recognizing February, 1994, as National History month Suzanne Shah accepted the proclamation. 119~ THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: 54 City Hall, Anaheim~ California = COUNCIL MII~JTE$ - FEBRUARY 8, 1994 - 5:00 P.M~ Recognizing April 23-24, 1994 as Anaheim City Golf Championship Tournament Days Recognizing the contributions of August F. "Gus" Lenain. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $6,143,782.40 for the period ending February 4, 1994, in accordance with the 1993-94 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency, Housing Authority and Public Improvement Corporation meetings. ($=40 p.m.) Mayor Daly reconvened the City Council meeting. (5=44 p.m.) ITEMS OF PUBLIC INTEREST~ Dr. Howard Garber. He is an Anaheim resident of 33 years and an interested citizen in dealing with the general subject of escalating violence in Orange County, the State and the Nation. He referred to the material he submitted earlier (see materials submitted under fax of February 8, 1994 which covered issues of crime, gangs, vand~,iism, illegal immigration, etc., including newspaper articles). Two years ago, he pointed out to Code Enforcement that illegal aliens were occupying garages in the area and nothing was being done. Drugs are rampant in the alley ways between Rose and Bush Streets along with shootings. He has owned property in the area for 32 years and much has changed during that time. There is graffiti and he has been targeted personally~ however, that is minor compared to the shootings and the drugs. Two weeks from now, a coalition will be present. Previously, he introduced the idea of the Council considering S.O.S. - Save Our State (see documents submitted entitled S.O.S., March, 1993), an immigration control initiative intended to accomplish certain goals, one being law enforcement cooperation requiring identification and reporting of any illegal aliens identified by the agencies listed. He then further elaborated on some of his concerns. Mayor Daly interjected and asked that Mr. Gather clarify his request to the Council. Dr. Garber answered, that they acknowledge his last statement that illegal aliens do not have constitutional rights contrary to a statement by a very imDortant City official who Said they had, that they focus in on the East Anaheim barrio just as they did with the Jeffrey Lynne Area, and that the City get actively involved in supporting the S.O.S. initiative. They will be back in two weeks. David Kendrick, 1800 W. Glencrest, Anaheim. He manages apartments on Glencrest. There had been three murders there in the last 1~ years. He has with him a criminal subDoena. He made the mistake of assisting the Police in the arrest of two heroin dealers in the front of his apartment. He received a subpoena to appear in court and point the finger personally at the heroin dealers who are still operating out of apartment $4 in his complex. He has three boys and does not want to submit them to retaliation. He then relayed what occurred when he called the City Attorney's Office to ask if they were illegal aliens and was questioned as to what difference that would make. When he called the I.N.S (Immigration & Naturalization Service), they said it would make a big difference to them. There are a lot of citizens who want to stop City Hal~ Anaheim~ Cal£fornia - COUNCIL MZ~S - FEBRUARY 8~ 1994 - 5:00 P.M. illegal immigration and the crimes that go with it. Ultimately, .9 did not have to go to court because the suspects plead guilty. Mayor Daly then questioned Mr. Kendrick relative to his contact with the City Attorney's Office and if he had an opportunity to meet with the City Attorney on the matter. He subsequently deferred to the City Attorney. City Attorney White. If Mr. Kendrick would like, he would be happy to facilitate a meeting with his office if he would leave his name and phone number. He felt there was a certain irony with Dr. Garber talking about constitutional rights and subsequently Mr. Kendrick saying he did not want to get involved. He (White) feels there are civic responsibilities involved as well. If his staff believed the only way to prosecute a drug crime, whether against a defendant who is an illegal alien, lawful resident or a citizen of the country was to obtain the testimony of a witness, that is undoubtedly why Mr. Kendrick was subpoenaed into court. Fortunately they were able to resolve the matter by a guilty plea without going to trial. The public needs to understand that the Police Department, City Attorney's Office or the District Attorney, without the public's cooperation cannot do their job either. Mayor Daly. He stated to Mr. Kendrick that the invitation to meet with the City Attorney is a standing offer. PUBLIC COMMENTS - AGENDA ITEMS= Public input received on Item 3 (see discussions under that item). MOTION= Council Member Pickler moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of February 8, 1994. Council Member Daly seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR~ On motion by Council Member Pickler, seconded by Council Member Daly, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar~ Council Member Pickler offered Resolution Nos. 94R-12 through 94R-14, both inclusive, for adoption and offered Ordinance No. 5418 for introduction. Refer to Resolution 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 Daniel Avila & Valerie Avila by and through their Guardian Sandra Avila, c/o Christopher E. Russell, esq., for bodily injury sustained purportedly due to actions of the City on or about May 27, 1993. b. Claim submitted by Deborah Starkey for property damage sustained purportedly due to actions of the City on or about October 15, 1993. c. Claim submitted by Edith Beatrice Gillum for bodily injury sustained purportedly due to actions of the City on or about July 14, 1993. d. Claim submitted by Michael Roy Slater for property damage sustained purportedly due to actions of the City on or about October 15, 1993. e. Claim submitted by August Jack Rumps for property damage sustained purportedly due to actions of the City on or about November 29, 1993. 56 City Hall~ Anaheim~ California - COUNCIL MINUTE~ - FEBRUARY 8~ 1994 - 5~00 P.M. f. Claim submitted by Jason Erick Allen & Kenneth Lee Allen, c/o Gregory J. Augustine, esq., for indemnity sustained purportedly due to actions of 'the City on or about October 25, 1993. g. Claim submitted by Dr. Richard S. Dow for property damage sustained purportedly due to actions of the City on or about December 11, 1993. h. Claim submitted by Gary & Kelly Walker for property damage sustained purportedly due to actions of the City on or about January 1, 1994. i. Claim submitted by Jo Anne Buxton, c/o Stanley J. Bell, esq., for bodily injury sustained purportedly due to actions of the City on or about June 19, 1993. A2. 105= Receiving and filing minutes of the Anaheim Public Library Board meeting held December 15, 1993. 140= Receiving and filing minutes of the Anaheim Public Library Monthly Statistical Report for the month of November 1993. 105~ Receiving and filing minutes of the Anaheim Park and Recreation Commission meeting held December 1, 1993. 173= Receiving and filing Resolution No. 94-2166 from the City of Villa Park opposing Resolution No. 93-1396 of the Board of Supervisors of Orange County, California, relating to the Marine Corps Air Station, E1 Toro, California. 178= Receiving and filing correspondence from Metropolitan Water District of Southern California regarding Resolution 8428, a resolution of the Board of Directors giving notice of intention to consider and act upon recommendation to impose water standby charges. A3. 108~ ORDINANCE NO. 5418 - INTRODUCT~ON~ Repealing Chapter 4.05 of Title 4 of the Anaheim Municipal Code relating to bus benches. Several people had asked to speak to this item as follows= Shirley McCracken, 6553 Kelly Calls de Norte, Anaheim. As Vice Chairman of the Anaheim Arts Council, she wants the Council to know that the Arts Council has been exploring the types of bench programs in other communities and has been discussing them with various City officials. They were unaware that the bus bench program was going forward at this time. She is requesting that the City Council and staff look at other ordinances in other communities such as the award winning City of Brea program for bus benches which turns the City into a gallery. Since there are no art galleries in Anaheim, thie would Be an opportunity for artists in the con~unity, both children and adults. They believe the involvement of the Arts Council in this issue, if the City is re-writing the bus bench ordinance, to allow some exploration of how a public art component might be included so that Anaheim could also have an award winning image in regard to the bus benches in the community. Michel Hector. (145 S. Westchester Drive - the Glen Forest Apartment Community). She works for a property management company in Anaheim. They have two large apartment buildings, one a major rehab project constructed for the City of Anaheim Housing Authority which has been very successful. They have been cleaning up neighborhoods and also have to do advertising. She is in charge of that advertising. She has just recently signed a contract to do some bus bench advertising in Anaheim near their communities. They are very nicely designed and the graffiti is kept cleaned off. If the City takes away 57 City Hall~ Anaheim~ California - COUNCIL MINUTES - FEBRUARY 8~ 1994 - 5~00 P.M. their opportunity to advertise on those inexpensive bus benches, her advertising budget is going to go up. She is trying to keep her rents at a very low and affordable rate, even for those that are not on housing. This is an avenue in which they can do that and still have their name out in the public. They feel that the City has limited their City advertising so much in other ways, they felt the bus benches were an opportunity to have nice, stable advertising that would remain there for one year. They are proud of the association they have had with the City in creating these cleaner neighborhoods. She wanted to come tonight and let the Council know the proposed action would be a deterrent especially to smaller businesses in the City. Lee Freeman, Attorney, 20700 Ventura Boulevard, Suite 205, Woodland Hills. He represents Coast United Advertising and Norman Bench Advertising. Both companies have bus benches in the City. Coast has been in the City since before 1975 and presently has 460 benches. Norman has 26 benches that have been in the City for a couple of years. He is requesting that any consideration of this matter be postponed. They did not receive notice of this agenda item. Norman received a call yesterday from someone in the City who said this was going to be discussed at the Council meeting. Coast received notice only by accident when a reporter contacted the office a couple of days ago and said the item was going to be considered. There are many reasons why both Coast and Norman would want an additional amount of time to become familiar with the proposal and to perhaps submit a counter proposal and have the opportunity to competitively bid a counter proposal. He feels it is a very important factor and due process in itself would require at least some notice to people who are directly involved. Bus bench advertising is one of the only ways that small businesses can advertise in today's world. It costs about one-tenth of the type found on bus shelters. The cost of advertising on shelters would be prohibitive for local businesses. He reiterated they are asking that any consideration of this item be postponed and that they be allowed sufficient time to consider it, understand what it is, comment on it or provide a counter proposal. Mayor Daly. Relative to the proposed prohibition of advertising on bus benches, one comment by the representative of the Arts Council was that any future proposal include a public art component. He asked to hear from staff. John Lower, Traffic and Transportation Manager. The proposed ordinance would repeal the procedure by which bus benches are placed within the City right-of-way. A separate future action would involve the bus shelters. The bus shelter agreement is currently being negotiated and does provide for public information announcements. He is certain they could expand that to include public art displays. Before the Council tonight is the bus bench ordinance. The procedure currently provides for an April 1, annual renewal of those permits with $6.00 per bench paid to Business License. Currently, there are 535 permitted benches in the City with a revenue of $1,457 paid in 1993. The benches are proposed to be replaced with bus benches to be owned by the City or replaced with additional bus shelters. Staff has finalized negotiations with Gannett Transit for their exclusive five-year provisioning of shelters. This agreement'will have them install 400 non-ad City of Anaheim owned benches and increase the number of shelters over the existing limit of 120. Cleaning and repairing of City bus benches will also be provided as needed. Mayor Daly asked if the proposal this evening is preparatory to staff bringing forward an expansion of the City's existing bus shelter program and that that company add more bus shelters and then donate to the City's bus benches which would not contain advertising. 58 City ~all~ Anaheim~ California - COUNCIL ~TNUTE~ - FFRkUARY 8~ 1994 - 5:00 P.M. Mr. Lower confirmed that was correct and that 400 benches would be provided. Council Member Hunter. He would like the matter continued for a couple or three weeks. It appears on face value that whoever has the contract for bus shelters is trying to gain a monopoly on advertising and get rid of all bench people that are advertising. They will donate 400 benches free of charge but, in essence, will be eliminating those people who have the benches. He asked if that will be 400 benches in addition to 535 or eliminating bench advertising totally. Mr. Lower stated the proposed ordinance would eliminate advertising on benches. Council Member Hunter. It is obvious that the company who owns the bus shelters would like to donate the benches and thereby eliminate all bench advertising. He does not know if constitutionally this is right or wrong. They can do that in every City and create a monopoly. All the public is going to see are Marlboro signs and Dewar Scotch labels on the shelters because those are the people that can afford to advertise on shelters. It is local businesses that can only afford bus bench advertising. Mayor Daly. Reference was made to Brea's program promoting shelters as part of a public art program. He asked what are the trends in the industry and staff's perspective in terms of dealing with a variety of providers vs. one citywide. John Lower. They checked with several cities in Southern California to see how they handled bus shelters and more common with recently negotiated agreements is something they have built into their current negotiations and that is to provide free advertising panel space for public service announcements. They probably could get that expanded to have application for insertions of posters or art. Answering Council Member Hunter, Mr. Lower confirmed that there are now 535 bus benches in the City that are permitted. However, in 1990-91, a drive by indicated there were close to 2,000 benches out on the street, some of which are not at bus stops. Council Member Hunter. His feeling is, the City can do both - if the bus shelter company is going to donate 400 benches, why is it necessary to eliminate the 535 benches that are currently permitted. Mayor Daly. The ordinance is submitted for introduction tonight with a second reading necessary for adoption. In the meantime, he would ask Mr. Lower to return with a discussion as to what the impact will be on the existing bus bench companies which have advertising, what the timing of the proposed installation of the new benches is and if there is some way to phase the two so that as Ms. Hector mentioned where she had signed a contract for advertising - phase out the old and phase in the new so there is maximum community benefit with a minimum of hardship to the existing bus bench companies. Council Member Feldhaus. It was reported that there are about 2,000 benches with only 535 permitted. They do not know who owns the other 1,500 and in order to have them removed, since they do not know who installed them, it would be a tremendous task. It seems the City has been remiss in removing the benches. He would also like a continuance so to receive additional information on how many benches have been "pirated" into the City - whether they have been placed strategically for people waiting for a bus or for 59 City Hall, Anahe~m~ California - COUNCIL MINUTES - FEBRUARY 8~ 1994 - 5~00 P.M. advertising value. Instead of an overkill and removing all benches, they may want to try to limit the benches to those that are legal and well maintained. Mayor Daly. He asked that Mr. Lower provide more detail on the distinction between the permitted benches that exist and the non-permitted including those installed where there are no bus stops, all in the public right-of-way, in a week's time. John Lower. He could work with Business License to gather that information but could not do a field survey in one week. Mayor Daly. He asked for a preview of what staff is proposing take place with the existing system. He surmises this is the first step towards establishing a new program of additional shelters. He agrees that the arts concept should be included. In other cities it has worked well particularly in the tourist and redevelopment areas. As part of the report, he would like to have information on how that could be accomplished as well. City Manager Ruth. He recommends that the item be continued for three weeks since one week will not give sufficient time. The ordinance could be introduced tonight but not come back to the Council for three weeks. Council Member Pickler. He notes in driving around the City that a lot of the benches are just places for graffiti. He has no problem with the three week continuance. City Attorney White. The ordinance before the council is a revised version that has an operative date of April 1, 1994 to allow 30 days after it is adopted before it becomes effective. The Council would need to introduce the ordinance tonight to have time for that 30 days to expire if they decided on March 1, to adopt it on that date. If it is not introduced tonight, that opportunity will be lost. Council Member Hunter. He wants to be sure that when the item comes back, they will have another opportunity to discuss it. He again expressed his concern that the bus shelter company is offering to donate 400 benches but only if the City will get rid of the legitimate bus benches thus hurting local business people. He feels it is unfair. He reiterated that they should give the 400 benches but leave the legitimate people who are advertising alone~ Mayor Daly. The Council will be getting a complete staff report to understand more of what is being proposed and also what is being done in award winning cities such as Brea. The ordinance was offered for first reading along with the balance of the Consent Calendar items. ORDINANCE NO. 5418: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER 4.05 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO BUS BENCHES. This item was subsequently continued for three weeks to March 1, 1994 when the ordinance will be on the agenda for adoption. A4. 1752 Awarding the contract to the lowest responsible bidder, Pouk & Steinle, in the amount of $284,100.18, for Underground District No. 7 (Electrical); and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. 60 C£tv Hall. Anaheim, Cal~forn£a - COUNCIL MINUTES - FEBRUARy 8, 1994 - 5200 P.M. AS. 169= Awarding the contract to the lowest responsible bidder, Hood Communications, Inc., in the amount of $244,949.70 for Brookhurst Street west communications trunk closurel and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second iow bidder, as well as waiving any irregularities in the bids of both the low and second Iow bidders. A6. 123= Authorizing the execution of an agreement with GTE Customer Networks, for an amount not-to-exceed $32,000 for the remainder of this year's contract, and a not-to-exceed amount of $34,000 for the second year, beginning April 15, 1994, for the telephone maintenance at Anaheim Stadium, in accordance with Bid $5115. AT. 1602 Accepting the low bid of J.H. Baxter & Company, in the amount of $32,366.75 for seventy-five wood poles for the Utilities Department, in accordance with Bid $5222. A8. 160~ Accepting the bid of The Okonite Company, in an amount not-to- exceed $45,582.60 for 4,000 feet of 750 KCMIL tree retardant 15 KV aluminum cable, in accordance with Bid ~5226. Ag. 161~ Authorizing Community Development staff to submit application to the U.S. Department of Housing and Urban Development's newly funded Innovative Homeless Initiatives Demonstration Program which provides funding awards of up to $1,000,000 on a competitive basis to local organizationsl and authorizing the Executive Director of the Community Development Department to execute all subject Program documents, agreements, and certif£cations, if the City receives a funding award. Al0. 123= Approving a First Amendment of Purchase and Sale Agreement and Escrow Instructions between the City of Anaheim and SGF, a California limited partnership~ approving an Exclusive Negotiation Agreement between the City of Anaheim and Mitsubishi Motors of America~ approving an Exclusive Negotiation Agreement between the City of Anaheim and General Motors Corporationl and authorizing the Executive Director of Community Development to execute said agreements with regard to the Anaheim Auto Center. City Manager Ruth stated that staff is requesting a one-week continuance of this item. At the conclusion of the Consent Calendar, this item was continued one week. All. 106= Amending the FY 1993/94 Police Department Budget by increasing revenue and expenditure appropriations by $232,908. A12. 123~ RESOLUTION NO. 94R-12= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM JOINING THE ORANGE COUNTY REGIONAL AIRPORT AUTHORITY. A13. 137~ RESOLUTION NO. 94R-13= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAIiEIM ORDERING JUDICIAL FORECLOSURE OF DELINQUENT TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982, THAT THE TAX COLLECTOR BE CREDITED WITH THOSE TAXES AND RETAINING SPECIAL COUNSEL. 123= Approving an Agreement with the Law Offices of Robert A. Owen as special counsel. A14. 158= RESOLUTION NO. 94R-14= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. 61 City Hall, Anaheim, California - COUNCIL NIICdTES - FEBRUARY 8, 1994 - 5:00 P.M. A15. 123= To consider approving a Second Lease Extension with the Magnolia Elementary School District extending the Lease Agreement dated January 1, 1979, relating to the Juliette Low School site to December 31, 2003, with an additional five year option period. 123= To consider approving a Second Extension of Sublease with the Los Angeles Rams Football Company extending the Lease Agreement dated November 21, 1978, relating to the Juliette Low Elementary School site to December 31, 2003, with an additional five year option period. (Continued from the meetings of January 25, 1994, Item A23, and February 1, 1994, Item AS.) City Manager Ruth stated that staff is requesting a one-week continuance of this item. At the conclusion of the Consent Calendar, this item was continued one week. Al6. 114= Approving minutes of the City Council meeting of January 11, 1994. Al7. 184= Reviewing the need for continuing the Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on January 4, 1994~ concerning the Santiago Landslide and Pegasus Landslide in the City of Anaheim; and taking no action to terminate the local emergency at this time. Ro~ C&XX Vote on Resolutio~ Nos. 94R-12 throuqh 94R-~4, both inclusive, for adoption= AYES= NOES= ABSENT= COUNCIL MEMBERS= COUNCIL MEMBERS= COUNCIL MEMBERS= Feldhaus, Simpson, Pickler, Hunter, Daly None None The Mayor declared Resolution Nos. 94R-12 through 94R-14, both inclusive, duly passed and adopted. ~ OF CONS~ ~,,AT-lC'lqDAR. MO~IONB ~,,ARRIED. ITEM B1 FROM TH~ ZONING ADMINISTRATOR MEETING OF JANUARy 20r 1994= DECISION DATE= JANUARY 26r 1994 INFORi4ATION ONLy - APPEAL PERIOD ENDS FEBRUARY 10f 1994= B1. 179= CONDITIONAL USE PERMIT NO. ~660 AND NEGATIVE DECLARATION= OWNER= Kenneth E. Saruak,.424 Old Newport Boulevard, Newport Beach, CA 92663 AGENTs Mariana Hiroko Pollard, 2283 West Lincoln Avenue, Anaheim, CA 98201 LOCATION= 2283 West Lincoln Avenue. Property is approximately .041 acre, with frontage of approximately 80 feet on the north side of Lincoln Avenue, having a maximum depth of approximately 80 feet on the north side of Lincoln Avenue, having a maximum depth of approximately 226 feet and being located approximately 200 feet west of the centerline. of Monterey Drive. To permit a private college (Anaheim International College) with waiver of minimum number of parking spaces. ACTION TAKEN BY THE ZONING ADMINISTRATOR= CUP NO. 3660 APPROVED (ZA Decision No. 94-02). Approved Negative Declaration. 62 City Hall. Anaheim. California - COU#CIL MINUTES - FEBRUARY 8, 1994 - 5500 P.M. END OF THE SO#lNG ADMINISTRATOR Chairman Daly reconvened the Anaheim Redevelopment Agency. (6:30 p.m.) D1. 123s JOINT PUBLIC HEARING - REDEVELOPMENT AGENCY/CITY COUNCIL ON THE FOURTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE AN~ff~EIM REDEVELOPMENT AGENCY AND KOLL ANAHEIM CENTER ASSOCIATES. A CALIFORNIA LIMITED PARTNERSHIP. WHICH SETS FORTH THE TERMS AND CONDITIONS OF THE SALE OF CERTAIN REAL PROPERTY WITHIN REDEVELOPM~NT pROJECT AL~HA5 LOCATION/REQUEST~ The Alpha Redevelopment Project Area is roughly bounded by Lincoln Avenue, Anaheim and Harbor Boulevards, Broadway, and Oak Street. The request is to consider the approval of the Fourth Amendment to the Disposition and Development Agreement with Koll Anaheim Center Associates, which provides for revised terms and conditions for the sale and development of certain real property. PUBLIC NOTICE REOUIREMENTS MET BY= Publication in Anaheim Bulletin - January 25 and February 1, 1994 Staff has recommended a continuance of the joint public hearing for one week to February 15, 1994. Chairman/Mayor Daly asked if anyone was present tonight to speak on the matter~ there was no response. MOTIONs Council Member Daly moved to continue the joint public hearing on the Fourth Amendment to the Disposition and Development Agreement with Koll Anaheim Center Associates for one week to February 15, 1994. Council Member Simpson seconded the motion. MOTION CARRIED. MOTION~ Agency Member Daly moved to continue the Joint Public Hearing on the Fourth Amendment to the Disposition and Development Agreement with Koll Anaheim Center Associatea for one week to February 15, 1994. Agency Member Simpson seconded the motion. MOTION C~d~RIED. ADJOURNMENTs By general Agency consensus the Redevelopment Agency meeting of February 8, 1994 was adjourned. (6s31 p.m.) D2. 1795 CONTINUED PUBLIC HEARING - WAIVER OF CODE HEQUIREMENT~ CONDITIONAL USE PERMIT NO. 3623 AND NEGATIVE DECLARATION~ OWNERs Frank and Sarah Minissale, 111 South Mohler Drive, Anaheim, CA 92808. LOCATION/REQUESTs The property is located at 111 South Mohler Drive and is approximately 1.2 acres located at the southwest corner of Santa Ana Canyon Road and Mohler Drive. To permit a 94-bed convalescent facility with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COM~SS~ONs CUP NO. 3623 GRANTED, IN PART, (subject facility shall be limited to a maximum of eighty beds (PC93-99) (4 yes votes, 2 no votes, i absent). Waiver of code requirement DENIED (6 yes votes, i absent). Approved Negative Declaration (6 yes votes, i absent). Informational item at the meeting of September 28, 1993, Item B2. 63 City Hall, Anaheim, California - COUNCIL MINUTES - FEBRUARY 8, 1994 - 5:00 P.M. HEARING SET ON: A letter of appeal of the Planning Commission's decision was submitted by the owner, Frank Minissale and continued from the meeting of November 2, 1993 to this date. PUBLIC NOTICE REOUIREMENTS MET BY: Publication in Anaheim Bulletin - October 21, 1993 Mailing to property owners within 300 feet - October 19, 1993 Posting of property - October 22, 1993 This item was discussed at and continued from the meetings of November 2 and November 16, 1993 to this date. (See minutes of November 2 and November 16, 1993.} City Attorney White. It is staff's recommendation that this matter be continued to March 30, 1994 to receive a recommendation from the Planning Commission which has advertised this item and is going to review a revised plan at a public hearing to be held before the Planning Commission on March 7, 1994. Council Member Feldhaus. He_asked why it took so long for this item to go back to the Planning Commiss~Q~ and subsequently to the City Council. At the public hearing on November l&~ the Council sent it back to the Planning Commission for revised plans and it is now not going back to the Planning Commission for a public hearing until March 7, 1994. Greg Hastings, Zoning Division Manager. It took Mr. Minissale some time to revise his plans and resubmit them. That, coupled with the publication and notification requirements in order to inform the residents in the area, accounts for the extended time frame. Mayor Daly asked if anyone was present to speak to this matter; there was no response. MOTIONs Council Member Daly moved to continue the public hearing on the subject Conditional Use Permit and Negative Declaration to March 30, 1994. Council Member Simpson seconded the motion. MOTION CARRIED. (It was subsequently noted that the public hearing date before the Council would have to be revised to a Tuesday either on or before March 22, or on or after April 12, 1994 since n° Council meetings are scheduled on March 29 and April 5, 1994, the March 30th date not being a regularly scheduled Council Meeting date.) D3. 170~ CONTINUED PUBLIC HEARING - TENTATIVE PARCEL MAP NO, 91-164. CATEGORICALLY EXEMPT. CLASS 15: OWNERs R.H. Siegle, 919 East South Street, Anaheim, CA 92805 AGENT: DMC Engineering, 4840 Irvine Boulevard, Ste. 208, Irvine, CA 92720 LOCATION/REQUEST: The property is located at 919 East South Street and is approximately 3.6 acres located at the northwest corner of South Street and Rose Street. The request is for approval of a two-lot subdivision. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Tentative Parcel Map No. 91-164 APPROVED (Decision No. ZA93-54). HEARING SET ON: A review of the Zoning Administrator's decision was requested by Council Members Pickler and Daly at the meeting of October 12, 1993 and continued from the meetings of November 9 and November 16, 1993 to this date. 64 City Hall~ Anahe~ California - COUNCIL MINUTES - FEBRUARY 8~ 1994 - 5:00 P.M. See minutes of those meetings where discussion took place and extensive input received. PUBLIC NOTICE REOUIREMENTS METBY: Publication in Anaheim Bulletin - October 28, 1993 Mailing to property owners within 300 feet - October 28, 1993 Posting of property - November 1, 1993 City Attorney White. The applicant in his letter of February 8, 1994 has requested a continuance of the public hearing for 90-days which is approximately May 10, 1994. Mayor Daly asked if anyone was present to speak to the matter; there was no response. MOTION: Council Member Daly moved to continue the subject public hearing for 90-days to Tuesday, May 10, 1994 at the request of the applicant, R.H. Siegle. Council Member Simpson seconded the motion. MOTION CARRIED. C1. COUNCIL COMMENTS 114~ NO-SMOKING ORDINANCE [COUNTY MODEL~ Council Member Pickler. He asked when discussion on the subject might take place~ City Attorney White. The procedure would be to agendize the matter for a future Council meeting. Council Member Pickler stated he would like to see it on the agenda in a couple of weeks if that was agreeable~ City Attorney White confirmed for the Mayor that it is necessary to have three Council Member's vote to place an item on the agenda. Mayor Daly. He has not finished reading all of the material provided to them by the City Attorney but he is not inclined to support banning smoking citywide at this time. He feels there should be more discussion before taking any action. City Attorney White. The subject can be placed on the agenda and after discussion the Council could or could not direct preparation of an ordinance. Mayor Daly. The proposal is 'aimed squarely at the business community. He feels it might be more productive if they run the idea before the business community first. He would like to know what the Chamber of Commerce and the Visitor & Convention Bureau feel about the staff report that has been prepared. Perhaps it could be sent out for their review and comments. Council Member Pickler. That would be fine or if the Council wanted a workshop that would be fine to. The business community could be invited to give their co~nents. It is important for the health and welfare of the people who are being affected by second-hand smoke. The County has taken steps, some cities have taken steps and he believes the Federal Government as well. He realizes there are provisions they may want to change but unless it is discussed, nothing is going to happen. If there is no majority, nothing will be done but they should look at the issue. No further action was taken by the Council at this time. 114: FUTURE WORKSMOPS - NEIGHBORHOOD POLICING STRATEGIES AND SANTA ANA CANYON ROAD ENHANCEMENT PROJECT: Mayor Daly asked the status of upcoming workshops. 65 City Rall~ &n&heim~ C&~ifornia - COUNCIL MINUTES - FEBRUARY 8f 1994 - 5500 P.M. City Manager Ruth. The workshop with the Police Chief is not scheduled for next week but the next Council meeting after that (March 1, 1994). Mayor Daly. Relative to the Santa Ana Canyon Road enhancement project, there will be an upcoming workshop as well~ City Manager Ruth. The City Clerk has said that project is scheduled for the March 15, 1994 Council Agenda. It was confirmed that the workshop scheduled for the two items would be as follows= March 1, 1994 - 3:00 p.m. - Neighborhood Policing Strategies March 15, 1994 - 3500 p.m. - Santa Aha Canyon Road Enhancement Project The enhancement project is also scheduled for the 5=00 p.m. Council Agenda that date. The matter was discussed at and continued from the meeting of January 25, 1994 to March 15, 1994 (Item A3). See minutes that date. ADJOURNMENT: By general Council consent, the Council meeting of February 8, 1994 was adjourned. (6:36 p.m.) L~-ONOI~ N. 8OI'~ CI'I~' CLERK 66