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1994/03/15City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1994 - 2:00 P.M. The City Council of the City of Anaheim met in adjourned regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly COUNCIL MEMBERS: None CITY MANAGER= James Ruth CITY ATTORNEY= Jack White ASSISTANT CITY CLERK= Ann M. Sauvageau DEPUTY CITY MANAGER= Tom Wood POLICE CHIEF: Randall Gaston PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT: Chris Jarvi PUBLIC WORKS DIRECTOR/CITY ENGINEER= Gary Johnson TRAFFIC AND TRANSPORTATION MANAGER= John Lower DEPUTY CITY ENGINEER= Russell Maguire A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3~30 p.m. on March 11, 1994 at the Civic Center kiosk, containing all items as shown herein. Mayor Pro Tem Hunter called the adjourned regular meeting of March 8, 1994 (held March 15, 1994) to order at 2:30 p.m., for a workshop relating to the City's three Community Facilities Districts (Mello-Roos). City Manager James Ruth. The Council has before it a report prepared by staff which outlines some of the options relative to the use of Community Facilities District (CFD) Funds as well as some of the legal history of the formation of the districts. Tom Wood, Deputy City Manager will begin the discussion. 137= COMMUNITY FACILITIES DISTRICTS 1989-1 ~SYCAMORE CANYON) 1989-1 fTHE HIGHLANDS} AND 1989-3 (THE SUMMIT) AND RELATED PUBLIC PROJECTS= Tom Wood, Deputy City Manager. Today's workshop is to provide background concerning the three CFD's and Capital Projects related thereto. Questions have arisen about the possible refinancing of current CFD Bonds, downsizing of the Santa Ana Canyon Road Project, redesignation of CFD Funds for other purposes and possible relocation of the Police Substation site. To respond and provide a comprehensive background is the purpose of today's workshop. Mr. Wood then gave the background history/information relative to the formation of the three districts relating to the Highlands, Summit and Sycamore Canyon Developments from 1987 to present. (See data submitted to the Council previously under report dated March 9, 1994 to the Mayor and City Council from Thomas J. Wood, Deputy City Manager - subject= March 15 City Council Workshop concerning Community Facilities Districts (CFD) 1989-1, 1989-2, and 1989-3 attached to which were a number of background items submitted by the City Attorney and the Finance Director - made a part of the record). Mayor Daly entered the Council Chamber. (2=39 p.m.) Mr. Wood's presentation was followed by additional staff presentations by Police Chief Randall Gaston who gave an overview of what the progression of efforts has been in terms of establishing a police presence in the Anaheim Hills area which included the issue of the police substation~ Chris Jarvi, Director of Parks, Recreation and Community Services spoke relative to the location, configuration and potential use of the proposed Deer Canyon Park emphasizing and concluding that his department does not want to pick up the site without Mello-Roos money coming with it, and Gary Johnson, Public Works Director and City Engineer briefed the Santa Aha Canyon Road Enhancement Project with additional input on the project by John Lower, Traffic & 118 City Hallr Anaheimr California - COUNCIL MINUTES - March 15~ 1994 - 2:00 P.M. Transportation Manager and Russell Maguire, Deputy City Engineer. There was extensive discussion and questioning by Council Members relative to the latter. Gary Johnson, Director of Public Works and City Engineer. Mr. Wood earlier mentioned the 1987-88 Specific Plans for the Highlands, Sycamore Canyon and Summit Projects. When those plans were developed, one of the conditions placed on each development was the development of financial plans to finance the impacts that the new developments would have on Santa Aha Canyon Road. That plan when completed assigned costs to the three developments, to the City and to other undeveloped properties in the area which were prorated based on the impacts of the development. In 1988, develoi~nent agreements were entered into with each of the developers and at that time, specific amounts were placed against each development (Highlands, Summit, Sycamore Canyon) for this project and other projects. In 1989, Community Facility Districts-i, -2 and -3 were put in place, Mello Roos bonds were sold and the developers obligations to pay for the impacts collectively created on Santa Ana Canyon Road were then met. Mr. Lower and Maguire then gave the specifics of the project which was downsized and rescoped as a result of community input at meetings which were held in 1990, 1992 and 1993. Gary Johnson. This is a project that provides public safety improvements while keeping the scenic corridor elements consistent with the circulation element. (He then briefed the benefits of the project.) Although existing capacity problems will be compounded when Imperial Highway is opened this Fall to connect with Santiago Boulevard, the basic reason for some of the congestion is from the new develoI~nents. That is what the money was intended to be used for, to correct and mitigate the impacts of the new development. The project is consistent with the scenic corridor standards and circulation element of the Anaheim General Plan. The project when complete will be a real asset to the community and is also consistent with the Imperial Highway "smart street" project. That project intends to implement the intersection improvements being proposed now although it is unlikely that the funding for that project would be available for 5 to 10 years. Public Works has no project in their five-year programs that goes from Solomon to Roosevelt Road (Bauer Ranch). The only thing they can envision is that at some later date if they find congestion at any ~f the intersections, they may propose turn lanes for public safety purposes. He then confirmed for Council Member Hunter that all the monies to do the improvements at Santa Ana Canyon Road and Imperial are all Mello-Roos monies. City Attorney Jack White. There are numerous legal documents and laws that impact what the City either can do or is obligated to do with regard to each of the issues that have been discussed so far. He referred to his report dated March 10, 1994 which was previously submitted to the Council with attachments giving his analysis of the legal issues relating to the following aspects of the existing Community Facilities Districts which he briefed: (1) A proposed refinancing of the current CFD bonds, (2) the proposed widening of Santa Ana Canyon Road, (3) the proposed police sub-station. (See Legal Issues relating to Santa Ana Canyon Road Widening Project (I) and Police Satellite Facility (II) followed by Conclusions (III) attached to report dated March 10, 1994 from the City Attorney - made a part of the record.) Regarding the Santa Aha Canyon Road Project, that project is described in the BSI Engineering report which is included as part of the legal documents for each of the CFDe° (Mello-Roos Districts). The project as described in that report is for the widening of Santa Aha Canyon Road from Imperial Highway to the Bauer Ranch. In 119 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1994 - 2:00 P.M. his view, CFD Funds for each of the three districts can be used to fund the downsized project that has been presented this afternoon for Santa Ana Canyon Road. There is not a legal impediment to do so. The City is not legally obligated to carry out the Santa Aha Canyon Road Project at the current time in either the form originally proposed in the CFD Engineering Report or in the revised form (Enhancement Project) but it is not City staff's recommended alternative. If CFD funds are not used for the road project, the project could be declared complete and the monies set aside for those improvements could legally be used to pay the annual debt service that becomes due on the CFD bonds which would have the effect of reducing the tax payments that the taxpayers make in each of the districts. He then went on to brief the alternatives contained in the report. Tom Wood, Deputy City Manager. He summarized the presentation and gave staff's recommended actions: Authorize staff to move forward with the proposed improvements to Santa Aha Canyon Road (as previously presented) and Deer Canyon Park~ 2. Authorize staff to continue planning efforts on the Dream Street site for the Police Substation~ and Authorize staff to pull together a CFD refinancing team and proceed with refinancing efforts to reduce annual taxpayer payments when a minimum 3% spread threshold is reached. Sheri Flynn, 1042 Montvale Court, Anaheim, a member of the audience, posed a question relative to the refinancing as explained by the City Attorney asking for clarification on the refinancing that with the 3%, if they can refinance the two, they can take that bond money and use it anywhere in the City. City Attorney White. That is one of the refinancing alternatives but it would have to be a public improvement. Alternative $2 as described by the financial consultant would be a mechanism that would legally allow the City to refinance the bonds in Districts 1 and 2 at least to "free up" the funds that are currently in those districts that are pledged or dedicated or earmarked to certain of the improvements described in those districts for any other public improvement throughout the City. City Manager Ruth. He commented that even though that could be done, they have no intentions of doing so. Mayor Daly noting that Mrs. Flynn had additional questions and/or wished to give further input, stated that the time to do so would be at the 5:00 o'clock portion of the Council meeting. Council Member Hunter. Reading from the documents submitted noted that, "...CFD Funds allocated to the road project which are not spent on the road project can be used to make future bond payments and thereby effectively reducing the payments of the CFD payers. Unless there is a refinancing of the CFD's ...CFD Funds allocated to the road project cannot be reallocated to another purpose including the funds for construction of the Police Substation without a two-thirds favorable vote of those voting by the registered voters in the CFD." If two thirds say they want the funds to be reallocated to the Police Substation, then it can still happen. They are not telling the citizens that the funds for the widening cannot be used to help build a Police 120 City Hallt Anaheim, California - COUNCIL MINUTES - March 15~ 1994 - 2:00 P.M. Substation. They can if they follow the two-thirds majority. The issue is, on the negative declaration on tonight's agenda, ie the Council going to approve it at this time when he believes the issue ought to go to a vote of the people as to whether or not they want their Mello-Roos monies for this project or some other project or to reduce their taxes. Sheri Flynn. She stated that is what their petition submitted this afternoon is for (see copy of Petition for Submission to the City of Anaheim City Council Requesting the Adoption of a Resolution of Consideration to Change the Allocation of Funds Collected for Community Facilities District $1989-2). See additional discussion of this subject under Item A5 of the 5:00 p.m. portion of the City Council meeting. ADJOURNMENT: By general Council consent the adjourned regular meeting of March 8, 1994 (held March 15, 1994) was adjourned. (3=54 p.m.) LEONORA N. SOHL, CITY CLERK 121 City Hall, Anaheim, California - COUNCIL MINUTES - March 1St 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 EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich PUBLIC WORKS DIRECTOR/CITY ENGINEER: Gary Johnson TRAFFIC AND TRANSPORTATION MANAGER: John Lower A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:30 p.m. on March 11, 1994 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the meeting of March 15, 1994 to order at 4:00 p.m. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items noting that two items that relate to Real Property Negotiations on the Council Agenda and Redevelopment Agenda are pursuant to Government Code Section 54956.8 even though the agendas do not specifically state that code section: a. To confer with its Attorney regarding pending litigation pursuant to Government Code Section 54956.9(a) to wit: City of Anaheim vs. Ertzan Associates, Inc., et al., San Bernardino Superior Court Case No. SCV246402. 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. be 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. 122 City Hall, Anaheim, California - COUNCIL MINUTES - March 15~ 1994 - 5:00 P.M. By general consent, the Council recessed into Closed Session. (4:00 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. (5:30 p.m.). INVOCATION: Reverend John P. Lenihan, St. Boniface Church, gave the invocation. FLAG SALUTE: Council Member Bob Simpson led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following proclamation was issued by Mayor Daly and authorized by the City Council: Recognizing April 1-8, 1994, as Anahei~ FamilF YMCA Week in Anaheim Recognizing the fund raising efforts of the MightF Ducks Hockey Team and proclaiming Saturday, March 24, 1994 as "Fan Fair" Day. Mel Miller, Donna Hinson and Todd Ament accepted the Anaheim Family YMCA Week proclamation and Bill Robertson, Mighty Ducks Public Relations Manager accepted the Mighty Ducks Fanfair Day Proclamation. He was accompanied by Dave Wilke, Steve Lieberman and David Burke. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $6,310,765.51 for the period ending March 11, 1994, in accordance with the 1993-94 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:45 p.m.) Mayor Daly reconvened the City Council meeting. (5:59 p.m.) ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. PUBLIC COMMENTS - AGENDA ITEMS: A number of people spoke on Item A5 (see discussion under that item). Mr. Jeff Kirsch spoke on Items Ag, Al0 and Al5 (see discussion under those 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 March 15, 1994. Council Member Pickler seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Pickler, seconded by Council Member Feldhaus, 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 No. 94R-32 for adoption. 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 Managements 123 City Ha11~ Anaheim, California - COUNCIL MINUTES - March 15~ 1994 - 5=00 P.M. a. Claim submitted by Jeffrey Lee Simmons, c/o Jay T. Levitt, esq., for property damage and bodily injury sustained purportedly due to actions of the City on or about December 10, 1993. b. Claim submitted by Concepcion Gomez for property damage sustained purportedly due to actions of the City on or about February 7, 1994. c. Claim submitted by Eunice M. James, c/o Joaquin A. Talleda, esq., for bodily injury sustained purportedly due to actions of the City on or about December 10, 1993. Clai~ recommended to be accepted= a. Claim submitted by James Martin Gay for property damage sustained purportedly due to actions of the City on or about February 11, 1994. A2. 163= Receiving and filing a Resolution of the Board of Trustees of the Centralia School District modifying School Facilities fee imposed on new construction. A3. 167= Awarding the contract to the lowest responsible bidder, Paul Gardner Corporation, in the amount of $146,246 for the Central Anaheim Traffic Signal Modification Project~ and in the event said iow 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 iow bidders. A4. 158= Approving and authorizing the Director of Public Works/City Engineer to execute the Right-of-Way Certifications for the following 1993-94 Intermodal Surface Transportation Efficiency Act projects= Ball Road-East Street to Anaheim Boulevard~ Ball Road-Anaheim Boulevard to Harbor Boulevard~ Kraemer Boulevard-La Palma Avenue to South City Limit~ and La Palma Avenue- Acacia Street to East Street. AS. 155= Submitted was a Negative Declaration prepared pursuant to CEQA findings, for the Santa Aha Canyon Road Enhancement Project which involves Improvements to traffic circulation, traffic signal modifications, street widening and resurfacing, as well as removal, replacement and planting of additional trees (east of Solomon Drive to Avenida Margarita, and along Imperial Highway from the southerly SR-91 Freeway ramp to Avenida Bernardo North). (Continued from the meeting of January 25, 1994, Item A3.) Mayor Daly. During the workshop portion of the meeting, there were citizens who wanted to make comments and ask questions. The opportunity was not given at that time but deferred to this portion of the meeting which is the time for public comments on Agenda items. The following people spoke on the issue. Their comments are sunvnarized as follows= Kenneth Levy, 907 S. Firefly Drive, Anaheim, 92808. He asked that this item be acted upon separately. He is in agreement with the letter hand delivered to the Council today by the Highland Representative (see 3-page letter dated March 15, 1994 from Steve Cohodes, Treasurer, Highland Maintenance Corporation - made a part of the record). He spoke to three issues that were broached at the workshop this afternoon and gave his input= (1) Community Facilities District (CFD) 89-2 Bond 124 City Hall, Anaheimt California - COUNCIL MINUTES - March 1St 1994 - $500 P.M. proceeds cannot be utilized for the widening of Santa Aha Canyon Road unless it includes widening to six lanes. (2) Relative to project impacts and the removal of four specimen trees, mitigation would be by the planting of 80 specimen trees~ however, a review of the mitigated negative declaration only references the mitigation of such impact by a 2-1 ratio and such trees would need to be only 15 gallon trees. That would only be 8 trees and not 80 trees. It is not full mitigation. (3) Relative to the possible refund of CFD 1989-2 Bonds, he believes any refunding would be limited to using such bond proceeds for the following: To finance improvements to Imperial Highway, Santa Aha Canyon Road and Serrano Avenue, improvements to Deer Canyon Park and a portion of the construction of a Police Substation. He opposes the project and is requesting that the City not approve the negative' declaration for the proposed project. Ron Allen, 23 Beachwood, Irvine. He is the owner of the two buildings located on the southeast corner of Santa Aha Canyon Road and Imperial. He then referred to his letter dated March 15, 1994 which was submitted to the Council and outlined his concerns in detail relative to the partial taking of the property at 100-144 S. Imperial (made a part of the record). He feels the widening would place his building within 3 feet of the edge of the sidewalk and would be totally unacceptable to the scenic corridor of that corner. Steve Cohodes, Treasurer, Highland Maintenance Corporation. Without complete mitigation and environmental impact, there is no way he or the Anaheim Board of Directors for Highland Maintenance Corporation can support this project. (See Mr. Cohodes' detailed 3-page letter which addressed the major areas of concern relative to the proposed approval of the negative declaration.) He then officially submitted hie letter. A further issue addressed in his presentation was one of police response time - that the project will be a detriment to response time that is inadequate even now. He explained some incidents that have occurred in the area. In gathering signatures for the petition to redirect the funds toward a police substation, no one turned him down including police officers who live in the neighborhood (not Anaheim policemen) but who believe in their professional opinion the substation is necessary to protect their neighborhood and their children as well. He clarified that he is against the proposed project. Sheri Flynn, 1042 Mountvale Court, Anaheim. (Also see letter signed by Mr. Cohodes which was by Sheri Flynn.) She is representing over 1,000 homeowners and condominiums. They circulated the petition and are opposed to the project. They do not believe the project needs to go forth and their money used for that purpose because it is changing the original intent. Many people are very much against doing the enhancement. The way the street is set up now is fine. She had submitted a copy of the petition at the workshop this afternoon but would now like to place into the record the original of the petition with 470 signatures. (Title - Petition for Submission to the City of Anaheim, City Council Requesting the Adoption of a Resolution of Consideration to Change the Allocation of Funds Collected for Community Facilities District No. 1989-2.) The subheading in part also stated, "...the undersigned ...request that the City Council commence all necessary proceedings to change the allocation of funds (i.e. the proceeds collected from the levy of the Special Tax) collected for 125 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1994 - 5~00 P.M. Community Facilities District No. 1989-2 ("District so that all funds previously designated to finance the Santa Aha Canyon Road Widening Project ...be allocated instead to finance the police substation project". Later in her presentation, Ms. Flynn formally submitted the petition sections to the City Clerk). Another petition is being circulated at the Summit and they are also going to meet with Woodcrest and pass a petition there. They feel the funds should be for a Police Substation. They are not trying to take their money away but to put it where it is needed. She believes the Council has 40 days to adopt a resolution of consideration after accepting the petition, hold public hearings and then a ballot measure will go out and they will be allowed to vote on it. Answering Council Member Simpson, she stated she thinks there are elements of the project that would be beneficial but it was not intended for their money to do the project and it should be funded some other way or further down the line. She does not think the project is necessary. If there are limited funds, they should be spent differently. Before concluding, Mrs. Flynn stated the Council had requested staff to meet with them (see minutes of January 25, 1994) and the homeowners to discuss the matter and work things out. They attempted to set up a meeting and were rebuffed. They would still like to do that. George Vantusco, who is their board president, called and he got the "run around". They were basically told by Engineering - it is now with the lawyers. Bill Wagner, 7945 View Rim Drive, Anaheim, President of View Point North Homeowners Association. Most of the homeowners do not believe that the traffic has been generated by the new homes. No one has done a true traffic study. Before spending their tax money, they are asking that studies be done. They want the money to be reallocated to a police substation. He does not believe they should proceed with the project. Mar£ Penney, 8125 Oxley Court, Anaheim (Summit Point). They are currently circulating a petition which has the same heading as that Ms. Flynn read. They are also opposed to the proposed project. The Santa Ana Canyon Road project was described as widening from Imperial to the Bauer Ranch. Earlier, Mr. Johnson said Mello-Roos was devised to mitigate traffic problems caused by the homeowners and the CFDs because of the traffic they would create, The proposal has nothing to do with any traffic and she does not believe they create the traffic problem he spoke about. She does believe they should have a Police Substation in their area. They want the Council to use their Mello-Roos money for the purpose it was intended or, by a vote from the affected residents, to be used for a Police Substation. Sonya Grewal, on behalf of the Anaheim Hills Citizens Coalition (AHCC) Board of Directors, 6312 E. Santa Ana Canyon Road, Anaheim. Before commenting on the enhancement issue, the City appears to be going forward to spend bond monies on a project which has been challenged by those paying taxes to pay off that bond. They urge the Council to listen to the input of the ranch homeowners and to consider carefully the petition submitted. The entire canyon could benefit by the Police Substation. Perhaps some compromise could be explored in which homeowners in the Highlands, Summit and Sycamore Canyon would consider specific safety oriented improvements of the enhancement project and one would be a signal at Solomon and the City, in turn, would support redirection of other monies. 126 City Hall, Anaheimt California - COUNCIL MINUTES - March 15~ 1994 - 5=00 P.M. Mrs. Grewal then outlined the concerns the Coalition has should the Council decide to move forward with the enhancement project and approve the negative declaration which included the aesthetic impact of widening Imperial Highway, the need to retain a semi-rural atmosphere as stated in the Canyon Area General Plan, a commitment to reach an agreement with property owners on a redesign concept at Imperial and Santa Aha Canyon Road, that no additional street lights would be added except for safety purposes at intersections, confirm that a final design would come before the Council for their review prior to going out to bid so that interested citizens could see the plans and verify whatever size trees they wish to see are on the plans, a 30-foot median should not be an automatic design feature, widening the median shifts traffic closer to homes backing up to the street. If safety is not a factor and even if there is enough right-of-way to widen the median, the foremost role should be to keep the roadway as far as possible from homes backing up to Santa Ana Canyon Road. Carol Rudat, Old Bridge Road, Anaheim. Tonight, several people have spoken and brought up exactly the same points she spoke to six weeks ago (see minutes of January 25, 1994 and also February 1, 1994). It tells her that department heads have done nothing over the last 5 to 6 weeks. She believes that the City Manager instructed somebody to do something but nothing has changed and all this time has gone by. The Imperial Highway widening will bring the road right next to a couple of buildings. Ail of the number of accidents that were reported at the workshop today have never been quoted before. There has been no working with the community trying to get what is needed approved. Some improvements are needed. What she has been addressing is whether the funds are used correctly. She urged that they do not spend where it is not needed. Mayor Daly. He asked in terms of the way the project is proposed today, are there any aspects she could support at all - for instance, the signal at Solomon or is she against the entire project. Carol Rudat. She would like to see it adjusted. As an example, taking out 4 trees and replacing them with 80 trees sounds inappropriate. She clarified that she is not questioning the use or misuse of Mello-Roos funds but is questioning the project. It is a completely different position that she is taking. Marilyn Hauk, 6071 Camino Cotter. If this were anyone in the private world coming in and wanting to remove any trees, they would have to go to the Planning Commission and have a public hearing. She has a problem with staff after Carol Rudat made it clear that AHCC was not speaking for the area. The people that were at the meeting were not the people necessarily being affected by the project. On the Mello-Roos money, the people should decide where they want the money to go. Answering the Mayor, she stated the people who are being affected need to be heard from and the project should be scaled back. There are elements of the project that are not needed and that is especially true if it means a choice between the project and the Police Substation. Lori Galloway, 270 S. Solomon, Executive Director, Eli Home for Abused Children with offices located at 140 S. Imperial adjacent to Anaheim Hills Realty. As a tenant for the past several years, she is concerned about the substantial impact the proposed changes will have on the scenic corridor. She urged that the Council do everything possible to 127 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1994 - 5~00 P.M. mitigate the aesthetic impact to their semi-rural design. She also read a letter from John and Bonnie Markovitch who expressed their concern if the median is widened to 30 feet and in the future expanded to three lanes from Imperial to Weir Canyon, the third lane would be forced even closer to the back fences of many homeowners. Later in the meeting, Mayor Daly asked staff to summarize the proposed action. It is for a negative declaration on the environmental impacts. He would like to know exactly what will occur if the Council approves the negative declaration and what the next steps would be in terms of the ultimate conclusion of the project that is proposed as depicted on the posted plan. Gary Johnson, Public Works Director and City Engineer. If the Council approves the negative declaration, staff would proceed with a consultant selection process and move ahead with the precise design and probably schedule construction some time after the holidays. It would be into the calendar year 1995. He clarified that those actions would come back to the Council for approval. A lot of questions this evening dealt with policy issues, expenditure of funds, type of funds, the utilization of Mello-Roos funds which are all outside the scope of this agenda item. He is willing to try to answer as many of the questions as possible but perhaps it would be better to give a more thoughtful response in writing. They can do those individually and come back in a couple of weeks. Mr. Johnson then explained the project which was originally scoped to include the widening of Santa Aha Canyon Road from Imperial to Roosevelt Road (Bauer Ranch). He relayed the background on what had taken place since that time which included an ~open house" meeting in 1990 through the last such meeting in 1993 which has evolved to where the project is today. They have used their best professional opinion on which safety improvements should be implemented. Relative to the lack of modification of the project in the last six weeks, they did not receive any direction from the City Manager that this project would undergo any major or significant modifications. The project already had a negative declaration. A continuation of a hearing on alteration of the project at that time would have involved renoticing of the project and suffering a significant delay. While they are trying to take into consideration all of the comments, they feel they did that between 1990 and the Fall of 1993. He clarified for the Mayor that over the last 4 years, the Public Works Department and Traffic Engineering has scaled down the project substantially from what it was 4 years ago, having considered the public input received during that time. Relative to whether or not it is possible to further scale back the project, he feels there are so~e elements more important than others but believes what they have proposed is the appropriate project. Council Member Pickler suggested delaying any decision for two or three weeks and in the meantime have staff sit down with representatives of the residents in the area to come up with some answers. Gary Johnson. There is no problem in delaying the project but he does believe there is such a diversity of opinion they may not be able to come back with a project that is going to meet everyone's needs. What he is most concerned about, the project is continuing to spend staff resources. If there is a possibility that there will be an election or shift of funds and this project will not have the ability to be funded, those are some of the policy issues he 128 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1994 - 5=00 P.M. is not able to address. He is only talking about environmental clearance and he would like to use staff resources as efficiently as possible. Council Member Hunter. He believes what they have to do with this item is table it indefinetly. Mr. Johnson is correct in asking why should more staff time be expended on the matter - there are policy issues that need to be addressed. In the three CFDs, it is their money and the Council needs to let the will of the people go forward. Sheri Flynn presented almost 500 registered voter's signatures in her district. Ail the money to pay for the Santa Aha Canyon Road Improvements is from Mello-Roos. Reading the law, he does not think they can go forward at all tonight. He pointed to the applicable government code section noting that, "...upon petition of 25% of registered voters in the CFD shall adopt a resolution of consideration to change the facilities financed." It is a moot question. They cannot go forward with this project. There are three districts involved and he believes they will probably get 90% to 100% of the registered voters urging the Council not to go forward with this project. Let the people decide the issue. It is their money and he believes all the districts are going to come back with more than 25% urging a change saying they want the money spent for a Police Substation. Council Member Hunter thereupon moved that action approving a negative declaration for the Santa Aha Canyon Road Enhancement Project be tabled indefinitely until the three Mello-Roos Districts come back and tell the Council what they want to do. Before further action was taken, City Attorney White explained for the Mayor that relative to the petition, the procedure is basically if the petitions amount to 25% of the registered voters in any one, two or all three of the districts submitting petitions, the City Clerk has to review those and certify the signatures are adequate just as in any petition submission. If those are certified as being adequate in number, they are presented to the Council and the Council is required by law to adopt a resolution which would schedule a public hearing to be held on the issue of transferring the funds from one purpose to another. After having held the public hearing, the Council has the discretion at that point to call an election. If the Council calls an election and there is a two-thirds favorable vote of the registered voters voting in one or more of the districts, the Council no longer has discretion but is thereupon required to adopt another resolution that switches funds from one purpose to the other. The funding that currently exists could be diverted to a different project. Gary Johnson. He reported for the Mayor that the original project would not have been affordable with just Mello-Roos funds. It would have required City funds and the fee program they had in place to support the full project. The scaled back project would be adequately implemented with the available funds with some remaining funds. The total allocated in Mello-Roos was 3.2 or 3.3 million - the balance is currently 2.9 million. Council Member Simpson. Staff has been taken to task but it is not entirely their fault. Policy direction needs to come from the Council and not staff. When the Mello-Roos districts were negotiated, the widening of Santa Aha Canyon Road was specifically one of the planned improvements. They had a great deal of arguments from the developer that it should not be. Another thing that disturbs him, he does not want to see this go away and have some of the things that need to be done in the interest of public safety not being done. Expectations have been raised that if this project goes away, the substation may automatically be built. That is not true. The citizens should 129 City Hallr Anaheim, California - COUNCIL MINUTES - March 15, 1994 - 5:00 P.M. be a lot more concerned about how it is going to be staffed rather than how it is built. Putting a substation in the hills is not putting police officers out there. Council Member Hunter. He agreed but one of the speakers talked about response time as it is now. He has lived in the hills since 1980. There are very few police patrols in the area. At shift change, police units have to come back to downtown and another unit dispatched to the hills. This is where response time is an issue. The Police Substation should be built. They should take the $2.9 million allocated for the Santa Ana Canyon Road Project with the $1.5 million already coming in on the Police Substation making approximately $4.5 million to move towards building the facility. The people would rather see their money allocated to starting a substation. It is true that Police Officers will also be needed. Response time is too long. Sheri Flynn. They are also bonded for Police services. They have paid to date approximately $250,000 just from the Highlands and $135,000 from the Summit but they have not received one added Police Officer in the four years she has been there. They deserve the Police services. City Manager Ruth. He clarified that those funds cannot be used for operations. Ail Mello-Roos funds are for Capital Improvements and none are to be used for operational costs. Mayor Daly. Staff prepared quite a bit of material for the workshop on this subject this afternoon. The discussions have raised a lot of questions. It might be helpful to prepare a handout that summarizes the decision made four years ago when the districts were set up and then summarize how much of the money has been spent and what the 20-year spending pattern is projected to be. City Attorney White. In response to an earlier question about the time frame for an election, he has had a chance to quickly go through the code provision. If tonight they do have signatures that are adequate to start they would be looking at possibly a minimal of four months to the date of the election to a maximum of 6 months depending upon how the process would flow - a 4 to 6 month process from today through the election. Answering Council Member Feldhaus, he explained State law provides that the voters at the election are the registered voters residing in the district regardless of whether they are the same as the property owner. Every resident has a vote whether or not a property owner. Kenneth Levy. With regard to providing police services, the Government Code Section provides that a CFD can provide such services. The CFD report prepared by SSI for CFD 1989-2 states that police services will be provided. Council Member Pickler. He prefers that the project (Santa Aha Canyon Road Improvements) not go away. It is an important issue. He does not want to see it shelved - perhaps scale it back, have & different dialogue and come back and look at it again. Mayor Daly. The proposed action is to defer any action and asking staff to bring back a procedure - a framework for making a decision about the future of the road widening. Mayor Pro Tem Hunter brings up a good point that the funding could be redirected to the Police Substation. On the one hand, he does not believe there is a lot of harm if the negative declaration is approved - on the other, the substation question has been raised relative to where the funding is to go and will funding still be available 6 to 9 months from now. Another issue - should the project be scaled back further and if so 130 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1994 - 5=00 P.M. how much. He would ask staff to look at the Mello-Roos priority spending list in light of the petition submitted tonight and the likelihood of future petitions wherein residents are requesting a right to vote on redirecting some of the funds and what the impacts will be for funding the project. Council Member Daly seconded the motion to defer the matter indefinitely. Before a vote was taken, City Attorney White asked if there is a time certain when it will come back. The City Clerk would be back to the Council in not-to-exceed 40 days from today with a report on the petitions submitted as to whether or not a public hearing will be required. If it is a time certain, he suggests at least 6 weeks from now to coincide with making sure they had the City Clerk's report on the public hearing. Council Member Hunter. The problem with that is one petition was submitted today. The other districts are going to present others which may be a few weeks later. That is why he is not designated a date certain. He wants to defer it indefinitely, not setting a date certain, to put it back on the agenda. City Attorney White. They may never get three petitions - he suggests either setting a time certain or leave it uncertain and leaving it to the discretion of staff to reagendize the matter. Council Member Hunter amended his motion that the matter be deferred indefinitely leaving it to the discretion of staff to reagendize the matter at the appropriate time. Council Member Daly agreed in his second. Council Member Simpson. If there are elements that the homeowners or Council wants, he asked if the project would have to be renoticed. City Attorney White. If the project changes significantly, either downscale or upscale, they need to go through the process on a different negative declaration or another environmental review. Mayor Daly. His feeling is that they can go ahead with approving the negative declaration with the understanding that it can go nowhere without actual approval of the Council. Council Member Hunter. He is opposed to that. They should not even take the first step until they get a further understanding on the petitions. A vote was then taken on the foregoing motion. MOTION CARRIED. Mayor Daly. In the future staff will be reporting back on the status of the petition and also what the impacts of redirecting the money in Mello-Roos are. City Clerk Sohl confirmed that other petitions can be submitted to her office which is open from 8:00-5:00, Monday through Friday. A6. 160: Accepting the low bid of CalTec, in an amount not to exceed $32,800 for the removal of one underground fuel tank, the installation of one above- ground fuel tank, and the possible removal of contaminated soil, in accordance with Bid $5233. A7. 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 131 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1994 - 5=00 P.M. the City of Anaheim; and taking no action to terminate the local emergency at this time. AS. 184= Reviewing the need for continuing the Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on January 18, 1994, concerning damage within the City of Anaheim resulting from the Northridge Earthquake occurring on January 17, 1994; and taking no action to terminate the local emergency at this time. Ag. 175: Approving a pilot program called "Light Switch", in partnership with Anaheim junior high schools, at a cost of $41,840 to provide compact fluorescent bulbs and security lights to Anaheim residential electric customers. Jeff Kirsch, 2661 W. Palais, Anaheim. Conservation programs seem to come back in the form of a rate increase. He believes this will follow the same pattern and would like other alternatives to be explored. 155: Certifying the adoption of the Light Switch Program is categorically exempt under the California Environmental Quality Act, in accordance with Title 14 of the Code of California Regulations, Section 15307, Class 7. Al0. 175= Authorizing the Public Utilities General Manager to execute the ballot for rejecting the plan of reorganization in the Chapter 11 Bankruptcy Case of Pacific Missile Systems on behalf of the City of Anaheim, any necessary documents, and accepting any future plan which would secure payment of the outstanding debt in full in lees than seventy-eight months. Jeff Kirsch, 2661 W. Palais, Anaheim. He offered his recommendations relative to these recurring bankruptcy right offs. All. 177: Directing Community Development staff to amend its existing Tenant-Based Assistance rental subsidy program by expanding its target market to include very low-income large-families, while continuing to serve its existing pool of very low-income senior citizens and disabled/handicapped individuals. A12. 161: Directing Community Development staff to establish and implement a First-Time Home Buyer Program to provide home ownership assistance to low- income households, as authorized under the Federal Home Investment Partnership Program (HOME) guidelines. A13. 139= Approving the recommended positions on the following legislative proposals and authorizing the Mayor to communicate said positions to appropriate representatives in Sacramento and Washington, D.C.: SUPPORT - SB 1477 (Bergeson) regarding housing occupancy standards; OPPOSE - SB 1272 (Presley) regarding elected official representation on the South Coast Air Quality Management District; SUPPORT - ACA 34 (Pringle) regarding State- mandated local programs; SUPPORT - SB 1293 (Hayden) regarding local authority to regulate the use and sale of firearms; and SUPPORT - H.R. 3860 (Royce, Kim, Rohrabacher, et.al.) regarding illegal immigration control. A14. 156: RESOLUTION NO. 94R-32: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE CHIEF OF POLICE TO ACCEPT CHARITABLE CONTRIBUTIONS AND ISSUE RECEIPTS FOR SAID CONTRIBUTIONS IN CONNECTION WITH COMMUNITY SERVICE PROGRAMS WHICH ARE MANAGED BY THE POLICE DEPARTMENT. 132 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1994 - 5=00 P.M. Al5. 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, February 1, February 8, February 15, March i and March 8, 1994.) Jeff Kirsch, 2661 W. Palais, Anaheim. He expressed some concerns and feels that with this agreement, some benefit should come back to the City. City Attorney White. He requested that this item be removed from the agenda noting that it may appear on the agenda next week or it may not. An action just to remove it from this agenda would be sufficient. Mayor Daly asked why remove rather than continue it. City Attorney White. They could continue it. The problem is he is not sure they will be in a position to approve it next week. If Council would rather continue it, it would automatically be on the agenda next week. He does not have a problem with that. MOTION= Council Member Simpson moved to continue Item A15 for one week, Council Member Daly seconded the motion. MOTION CARRIED. Al6. 114= Approving the minutes of the City Council meeting held March 1, 1994. Roll Call Vote on Resolution No. 94R-32 for adoption= AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly None None The Mayor declared Resolution No. 94R-32 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. ITEMS BI - B7 FROM THE PLANNING COMMISSION MEETING OF FEBRUARY 23, 1994 INFORMATION ONLY - APPEAL PERIOD ENDS MARCH 17, 1994= B1. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 1855 AND NEGATIVE DECLARATION: INITIATED BY: City of Anaheim, 200 S. Anaheim Boulevard, Anaheim, CA 92805 OWNER= North Street Partnership, Attn= Gilbert U. Kraemer, P.O. Box 275, Placentia, CA 92670 LOCATION= 1071 N. Blue Gum Street. Property is approximately 0.5 acre located on the west side of Blue gum Street and approximately 201 feet south of the centerline of La Palma Avenue. To retain a new boat dealership with accessory retail sales and boat repair and including three temporary outdoor storage trailers with waivers of (A) minimum number of parking spaces, (B) limitations of uses, (C) required front yard setback and (D) required screening of outdoor uses. Pursuant to Code Section 18.03.091, the Code Enforcement Division has initiated the proposed termination or modification of Conditional Use Permit No. 1855 (to permit boat/marine sales facility). ACTION TAKEN BY THE PLANNING COMMISSION: 133 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1994 - 5~00 P.M. CUP NO. 1855 APPROVED, IN PART, for one year, (PC94-21) (6 yes votes, 1 absent). Denied waiver of code requirement - all waivers were withdrawn by the applicant at the public hearing. Negative Declaration previously approved. B2. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3645 AND NEGATIVE DECLARATION: OWNER: Esmail and Mahin Rastegari, ET AL, P.O. BOX 3465, Fullerton, CA 92634 LOCATION: 1108 N. Acacia Street. Property is approximately 0.36 acre located on the east side of Acacia Street and approximately 525 feet south of the centerline of Romneya Drive. To expand the maximum enrollment of a previously approved day care facility from 24 to 55 children and to include a caretakers' unit with waiver of minimum structural setback requirement. ACTION TAKEN BY THE PLANNING COMMISSION: Withdrawn by the applicant (6 yes votes, i absent). B3. 155: ENVIRONMENTAL ~MPACT REPORT NO. 311, GENERAL PLAN AMENDMENT NO. 336. THE DISNEYLAND RESORT SPECIFIC PLAN NO, 92-1. AMENDMENT NO. i ~INCLUDING AMENDMENTS TO ZONING AND DEVELOPMENT STANDARDS~ THE DESIGN PLAN AND GUIDELINES. AND THE PUBLIC FACILITIES PLAN): INITIATED BY: The City of Anaheim Planning Commission Per Planning Commission Resolution No. PC94-11 OWNER: Pyrovest Corp, 848 W. Sunset Blvd., Los Angeles, CA 90012 LOCATION: The proposed amendment area is a rectangularly-shaped parcel of land consisting of approximately 9 acres located at the southeast corner of Freedmen Way and Harbor Boulevard in the City of Anaheim. The proposed amendment area is within the boundaries of The Disneyland Resort Specific Plan (SP92-1) Parking District and is identified as the proposed "District A" on the amended Disneyland Resort Development Plan. The Disneyland Resort Specific Plan No. 92-1 Amendment No. i is proposed to redesignate an approximate 9-acre portion of The Disneyland Resort Specific Plan from "Parking District" to District "A". Said amendment includes the removal of District A from the C-R Overlay, the removal of District A acreage from the East Parking Area Option Plan and the removal of public parking facilities as a permitted use in District A. Similar to the C-R Overlay, District A would permit development of permitted and conditionally permitted uses allowed by the Existing C-R (Commercial Recreation) Zone as set forth in Chapter 18.48 of the Anaheim Municipal Code, as it currently exists or may be amended or superseded in the future. Said amendment also includes text and exhibit revisions in The Disneyland Resort Specific Plan document to reflect the new District A. The Land Use Element of the City of Anaheim General Plan currently refers to The Disneyland Resort and describes four land use districts (Theme Park, Hotel, Parking and Future Expansion Area) as well as a C-R Overlay. General Plan Amendment No. 336 is proposed to amend the Land Use Element to revise the description of The Disneyland Resort to reflect the redesignation of the approximate 9-acre portion of the Parking District to "District A". District A would continue to be designated for medium density development allowing up to 75 hotel/motel rooms per gross acre or 75 rooms per parcel whichever is greater; however, it would no longer be designated for public parking facility 134 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1994 - 5:00 P.M. uses. Hotel/motel accessory uses would continue to be allowed as well as other visitor-serving uses. Environmental Impact Report No. 311 was previously certified by the City Council on June 29, 1993, in conjunction with the approval of General Plan Amendment No. 331 and The Disneyland Resort Specific Plan No. 92-1. EIR No. 311 addressed the environmental impacts and mitigation measures associated with the development of subject amendment area. Staff review indicates that no additional impacts above those covered in EIR No. 311 would result from the proposed General Plan and Specific Plan amendments and that previously-certified EIR No. 311 is adequate to serve as the required environmental documentation for the proposed amendments. In connection with subject amendments, the adopted EIR Mitigation Monitoring Program for The Disneyland Resort would be amended to reference "District A" in Mitigation Measure 3.10.1-8, which pertains to fair-share provision of funding for fire-related equipment. ACTION TAKEN BY THE PLANNING COMMISSION: The Planning Commission, by motion, or resolution as indicated below, will make recommendations to the City Council regarding the proposed actions. The City Council will hold additional public hearings and make the final decisions. MOTION: That the previously-Certified EIR No. 311 is adequate to serve as the required environmental documentation for this request and modifying the Mitigation Monitoring Program to reference "District A" in Mitigation Measure 3.10.1-8. Recommended approval to the City Council of Oeneral Plan Amendment No. 336 (PC94-22). Recommended approval to the City Council of the Disneyland Resort Specific Plan Mo. 92-1 Amendment No. 1, Including the conditions of approval set forth in paragraph (7) of the February 23, 1994 staff report to the Planning Commission (PC94-23). Recommended approval to the City Council of Amendment No. I To the Disneyland Resort Sorting and Develol~aent Standards (PC94-24). This item was set for a public hearing on March 22, 1994 which is required since a General Plan Amendment is involved. B4. 179: CONDITIONAL USE PERMIT NO. 3455 AND NEGATIVE DECLARATION: OWNER: Anaheim Disposal Inc., Attn: Richard B. Winn, 1131 North Blue Gum Avenue, P.O. Box 309, Anaheim, CA 92815 LOCATION: Property is approximately .95 acre located on the north side of the Riverside (91) Freeway, and approximately 400 feet west the centerline of the southerly terminus of Whitestar Avenue. To amend or delete a condition of approval pertaining to the time limitation of a previously-approved expansion to a recycling/resource recovery facility. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3455 APPROVED amendment to conditions of approval, and GRANTED a one year time extension (retroactive to September 23, 1993) to comply with conditions of approval, to expire on September 23, 1994 (PC94-25) (6 yes votes, i absent). Negative Declaration previously approved. 135 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1994 - 5:00 P.M. B5. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3359 AND NEGATIVE DECLARATION: OWNER: Anaheim Disposal Inc., Attn: Richard B. Winn, 1131 North Blue Gum Avenue, P.O. Box 309, Anaheim, CA 92815 LOCATION: 2751 - 2781 E. White Star Avenue. Property is approximately 11.5 acres located on the west side of Blue Gum Street, on the south side of Gretta Lane and having an approximate frontage of 520 feet on the north side of La Palma Avenue. To enclose existing recycling/resource recovery transfer facility by construction of a 76,952 square foot and a 29,510 square foot building with waiver of minimum number of parking spaces. ~CTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3359 APPROVED (PC94-26) (6 yes votes, I absent). Waiver of code requirement APPROVED. Approved Negative Declaration. ~6. 179: RECLASSIFICATION NO, 93-94-06. WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT NO. 3664 AND NEGATIVE DECLARATIONs OWNER: George D. Kentner Trustee, 5810 E. La Palma Ave., Anaheim, CA 92807; Orange County General Services Agency, Attn: Charles W. West, P.O. Box 4106, Santa Aha, CA 92702 AGENT: Jaeduk Ahn, 5810 E. La Palma Avenue, Anaheim, CA 92807 LOCATION: 5810 - 5940 E. La Palma Avenue. Property is approximately 1.31 acres located on the south side of La Palma Avenue and approximately 1,020 feet east of the centerline of Imperial Highway. To reclassify the subject property from the RS-A-43,000 (SC)(FP) zone to the CL (SC)(FP) zone. To expand an existing carwash facility by adding an auto service facility within the flood plain overlay zone with waiver of minimum structural setback and yard requirements and required site screening. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 93-94-06 GRANTED, unconditionally, (PC94-27) (6 yes votes, i absent). CUP NO. 3664 GRANTED (PC94-28). Approved waiver of code requirement. Approved Negative Declaration. 179: CONDITIONAL US~ PERMIT NO. 3550 - REVIEW OF FINAL PLANS: REQUESTED BY: Gregory SimonoffArchitects, 20101 Southwest Birch Street, Ste. 210, Santa Ana Heights, CA 92707 LOCATION: 1095 Pullman Street. Petitioner requests review of final site plan, elevations, landscape plans and roof-mounted equipment details for Conditional Use Permit No. 3550 (to permit a 172,231 square foot Super K-Mart Store. ACTION TAKEN BY THE PLANNING COMMISSION: Approved final plans and exhibits for CUP NO. 3550. ITEM B8 FROM THE PLANNING COMMISSION MEETING OF MARCH 7, 1994 INFORMATION ONLy - APPEAL pERIOD ENDS MARCH 17, 1994: B8. 179: RECLASSIFICATION NO. 93-94-05, TENTATIVE TRACT MAP NO. 14866, AND MITIGATED NEGATIVE DECLARATION: OWNER: Anaheim Redevelopment Agency, ET AL, Attn: Brent Schultz, 201 South Anaheim Boulevard, Anaheim, CA 92805 AGENT: Kaufman and Broad, 180 North Riverview Drive, Ste. 300, Anaheim, CA 92808 136 City Hall, Anaheim, California - COUNCIL MINUTES - March 15, 1994 - 5=00 P.M. LOCATION: Property is approximately 20 acres generally bounded by Lincoln Avenue to the north, East Street to the east, Broadway to the south and the Atchison-Topeka and Santa Fe Railroad right of way to the west. Petitioner requests an amendment to conditions of approval by deleting a condition of approval (pertaining to the recordation of a covenant) from Reclassification No. 93-94-05 and transferring said condition to Tentative Tract Map No. 14866. ACTION TAKEN BY THE PLANNING COMMISSION= Tentative Tract Map No. 14866 APPROVED. NOTE= Reclassification No. 93-94-05 and Mitigated Negative Declaration have a 22-day appeal period which expires 3/29/94, and will appear on the City Council agenda of 3/22/94. END OF THE PIJtNNING COMMISSION ITEMS. Bg. 179t ORDINANCE NO. 5419 - INTRODUCTION: Amending Title 18 to rezone property under Reclassification No. 90-91-14 located at 1242 West Lincoln Avenue from the CG zone to the CL zone. Council Member Daly offered Ordinance No. 5419 for first reading. ORDINANCE NO. 5419~ AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 90-91-14 LOCATED AT 1242 WEST LINCOLN AVENUE FROM THE CG ZONE TO THE CL ZONE. D1. 174~ CONTINUED PUBLIC HEARING - TWENTIETH YEAR (1994-1995} COMMUNITY DEVELOPMENT BLOCK GRANT {CDBG) PROGRAM AND BUDGET: Approving the fiscal year 1994-1995 CDBG Program and Budget, in the amount of $3,761,000 and $150,898 in reprogrammed CDBG funds for the 1993-1994 fiscal year, as recommended by City staff and the Communitywide CDBG Citizen Participation Committee. (Continued from the meetings of February 15, March 1 and March 8, 1994 to this date.) The public hearing portion was closed on February 15, 1994. Mayor Daly. He talked to members of the Advisory Committee on the 15% portion of the package allocated for non-profit programs. Looking at the last few years of spending, some projects were recommended for zero last year but this year, for instance, the Hope House is recommended for $60,000. Conversely, the Boy's and Girl's Club received a substantial allocation last year and are recommended for zero this year. The constant has been to spread the money out and keep worthwhile projects going. He would like to know what the decision making process was on those two. Lisa Stipkovich, Executive Director of Community Development. Although it was not staff's recommendation, she will try to answer. The way the board handled non-profits, they went out and visited all of them or those located in Anaheim. They separately voted on each and some were very close votes. They discussed the merits of each during the meetings. She does not believe there was much of a strategy other than who could garner the majority of votes from the committee on nonprofits which they felt were a high priority this particular year. It was a very difficult process and requests were extremely high. 137 City Hall, Anaheim, California - COUNCIL MINUTES - March 15r 1994 - 5:00 P.M. council Member Pickler. He questioned the criteria for public improvements noting that the Boys and Girls Club module buildings are sitting up on stilts. He asked if they wanted to put them on a concrete base, would it be considered public improvements. Lisa Stipkovich. She believes that would fall under public improvements but technically it is not a public improvement. That is exactly what was funded last year for the Boys and Girls Club. They have not spent the $115,000 yet. There will be a contract on the Council Agenda next Tuesday to allocate $65,000 specifically for those capital improvements to place the trailers on a foundation. There was also $50,000 given to them last year specifically for operational costs and that did fall under the public service cap. City Manager Ruth. He received a call from Mike Sofia from the Boys and Girls Club and he was very pleased with the cooperation of staff and how things were now progressing. He believes they have now gotten through the long jam. There is also $50,000 coming from the County. Council Member Feldhaus. His biggest concern is when they are trying so desperately to get activity into the Boys and Girls Club they need to be funded at least partially. He is suggesting that they go to John Poole's graffiti removal program and borrow $7,500 and put it into the Boy's and Girl's Club. Code Enforcement does not have as many people out as before in graffiti removal. Council Member Daly. Perhaps it might be appropriate to ask staff to report back the impact that type of change might mean. He would also like to verify that Mr. Pools can run an effective program with a smaller allocation. City Manager Ruth. With due respect, Mr. Poole has not run that through his office. He would prefer that it go through his office before reallocating any funds. Rather than change the allocations which have been through a very thorough public process, a better direction would be to have the City Manager come back with some amount of money if it is Council's desire and he will try to do that. Keith Olesen. Up until this year, they have always done the budget based on a projected amount from HUD. This year they got involved ahead of time on the exact amount that was going to be received from HUD. They wanted confirmation ahead of time. Relative to the funding process, rather than continually funding the same things over and over, the committee is charged with considering all requests. Part of their consideration is what was funded last year and what was not. They tried to keep spreading the money around to have a greater impact on the community. The budget is the accumulative effort of 13 committee members, 600+ people from the community and over 300 hours of work. He would be remiss as chairman of the committee to suggest anything other than the budget be adopted as presented. He would not try to shuffle money around as an individual. council Member Feldhaus commented if the Council is not to try to improve on or to make comments on the proposed CDBG Program and Budget relative to the disbursement of funds, why should it be brought to the Council at all. Mayor Daly then posed questions to staff relative to funds that are allocated to an applicant which later is found to be ineligible as well as future reprogramming or reallocation of funds. 138 City Hall, Anaheim, California - COUNCIL MINUTES - March 15t 1994 - 5~00 P.M. Mr. Ruth also stated that relative to the $7,500 for the Boys and Girls Club recommended by Council Member Feldhaus, they could take a look at possible other sources of funding. (Council Member Feldhaus interjected that he was thinking of $15,000.) Council Member Pickler. He read a newspaper article today that concerned him relative to the elimination of the swim program at Pearson Park. Me feels it is too important a program to give up. It is definitely needed in the central area - $17,000 for 3,500 kids is a good investment and something he would like to look at closely. He would like the money found to keep the program going. City Manager Ruth. Me is presently about half way through budget hearings. They are going to try to protect programs with high utilization. On the Boys and Girls Club, he believes there is money there but it Just has not been allocated and there are reasons for that. Staff is working closely with Mr. Sofia to free up those monies. If there is a problem midyear they can look to see if he needs additional money. Relative to the article on the swim program, it is the first he had heard about it. What they are contemplating is based on the cuts the Department Heads made in order to balance their budget for 1994/95, that they had to eliminate that swim program. He has not met with the Parks and Recreation Department on their budget yet. They had not submitted that for staff's consideration. He will closely evaluate that to see if there is a way to fund it as opposed to other services. He was surprised when he read the article himself. The Department Heads had an opportunity to present requests for funding before the CDBG Board. He does not know if the swim program was included as part of that. He will take a hard look at the overall budget and make sure that funding is continued. MOTION= Council Member Hunter moved to approve the Fiscal Year 1994-1995 CDBG Program and Budget in the amount of $3,761,000 and $150,898 in reprogrammed CDBG Funds for the 1993-1994 Fiscal Year as recommended by City staff and the Community-wide CDBG Citizen Participation Committee. Council Member Pickler seconded the motion. MOTION CARRIED. Further discussion followed between Council Members and staff wherein Mrs. Stipkovich pointed out that the Program & Budget has to be at HUD by April 30, 1994. Typically what staff has been trying to do is to involve everyone in the City Departments that could possibly take advantage of the program. They also made a concerted effort-through the City Manager's Office to prioritize what they are going to go in and ask for. One package presented to the CDBG Committee was the City staff's recommendation. Department Heads are aware of CDBG funding and while preparing their own budgets can look at CDBG as well as their other funding sources and then determine what they are going to ask for. She also pointed out that if the Council approves the budget now and it ie 9ubmitted to HUD, they do have the right to modify it in the future if they decide they do not want to go forward with one of the projects. It would be different if they already entered into contracts. At anytime, they have the right to reprogram the funds, not only unspent money but also money they decided they want to reallocate to a different activity~ however, if there is a contractual obligation with a third party, that is a different matter. There is no time limit for making changes except where contracts have been entered into. RECESS - CLOSED SESSION= By general consent the Council recessed into Closed Session. (8=05 p.m.) 139 City Hall, Anaheim, Callfornia - COUNCIL MINUTES - March 15, 1994 - 5=00 P.M. AFTER RECESS: The Mayor called the meeting to order all Council Members being present. (approximately 8:45 p.m.) ADJOURNMENT: The City Council meeting was adjourned. (approximately 8:45 p.m.) LEONORA N. SOHL, CITY CLERK 140