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1994/06/28City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 28, 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 JTPA MANAGER: Marge Pritchard PURCHASING AGENT: Diane Hughart ELECTRICAL ENGINEER: Jafar Taghavi PLANNING DIRECTOR: Joel Fick ASSISTANT CITY MANAGER: David Morgan A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:20 p.m. on June 24, 1994 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the meeting to order at 3:10 p.m. for the purpose of conducting the scheduled Workshop Session concerning the Private Industry Council Year End Report. MEMBERS OF THE PRIVATE INDUSTRY COUNCIL PRESENT: Tony Adams, Mel Miller, Dona Henson, Mike Sofia Marge Pritchard, JTPA Manager advised that in addition to a summary of what has happened during the past year in this program, the current Chair-Elect of the Private Industry Council, Tony Adams, will present the highlights of the past 5 years since the City Council elected to form its own service area and Council. Tony Adams (in-coming Chair of the P.I.C. as of July 1, 1994) introduced the Private Industry Council Members present, and with the aid of a slide presentation gave an overview of the 5-year accomplishments indicating that 1,215 adults were served, with a 70% employment rate; 2,229 youths served; 230 businesses served. The amount of incentive funds received over the 5-year period was $664,080. This funding was used to improve and enhance the program within the service delivery area. Mr. Adams also noted that an important area of focus has been the Defense Conversion Task Force, and the City has been awarded one million dollars in Defense Conversion Adjustment funding which will be put to good use for Anaheim citizens in such job transitions. Future challenges which need to be addressed, according to Mr. Adams, are a "School To Work" program for non-college bound youth, which provides apprenticeship opportunities, and the transition of jobs and training from defense to a non-defense mode. At the conclusion of the formal presentation, Mayor Daly asked the staff to comment on the major challenges and any trends they see forthcoming to this program. Marge Pritchard noted that funding is still available to be put into a very competitive market. It would be her preference that there be more equity in the distribution and that it not be based so heavily on the quality of the grant writing. 357 City Hallt Anaheimt California - COUNCIL MINUTES - JUNE 28, 1994 - 5:00 P.M. Council Member Simpson commended the staff and Private Industry Council Members on actually having accomplished much of what is usually just talked about. The Mayor asked for any additional comments, there being none, he thanked the staff and Private Industry Council for their work and for taking the time to be in attendance this date. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there are no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Closed Session items. The following items are to be considered at the Closed Session: CONFERENCE WITH LABOR NE~OTIATOR~ Agency Negotiators David Hill Employee organization~ IBEW, Local 47. CONFERENCE WITH LABOR NE~OTIATOR~ Agency Nego%iator: David Hill Employee organization: Unrepresented Employees CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Property: 1133 Homer Street Negotiating Parties: City of Anaheim and County of Orange Under Negotiation: Price and terms of purchase. CONFERENCE WITH I2~GAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One case. On motion by Council Member Simpson, seconded by Council Member Daly, the City Council recessed into Closed Session. MOTION CARRIED (3:30 P.M.) AFTER RECESS: Mayor Daly called the meeting to order, all Council Members being present, and welcomed those in attendance to the City Council Meeting. (5:04 p.m.) INVOCATION: The invocation was given by Mary L. Hibbard of Anaheim United Methodist Church. FLAG SALUTE: Council Member Bob Simpson led the assembly in the Pledge of Allegiance to the Flag. The following recognitions were authorized by the City Council this date to be mailed or presented at a later date. 1. DECLARATION recognizing Allan Hughes upon his retirement as Executive Vice President of the Anaheim Chamber of Commerce. 2. DECLARATION recognizing the opening of the new downtown Anaheim Telecenter at the Kraemer Building. 358 City Hallt Anaheim, California - COUNCIL MINUTES - JUNE 28, 1994 - 5:00 P.M. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,878,219 for the period ending June 24, 1994 in accordance with the 1993/94 budget, were approved. AFTER RECESS: Mayor Daly reconvened the City Council Meeting, all Council Members being present. (5:12 p.m.). ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Marilyn Hauk, on behalf of the A.M.E.A. had a question concerning independent political expenditures and the City's Ordinance. She was directed to contact either the City Clerk's Office or City Attorney with the specific question. If they were not able to respond to it she might contact the Fair Political Practices Commission in Sacramento. April Hughes, representing her neighborhood, Canyon Acres Drive, regarding the possible location of the Eli Home to their area. She voiced the opinion that the neighbors were not able to participate in this process; that their comments and opinions were not regarded, and the report prepared for the Planning Commission was biased. She feels the Eli Home is an important and worthy cause, they do not disagree with that, but doubt the proposed location. Ms. Hughes was advised that public hearing before the City Council has been scheduled for July 12, 1994 at 6:00 p.m., at which time both sides will be heard. The City Clerk advised that all of the letters to the Planning Commission and a summary of the telephone calls received in opposition would be made available to the City Council Members prior to the hearing. This compilation would also include the letters and phone calls directed to the City Council Members. PUBLIC COMMENTS - AGENDA ITEMS: Public input received on items A8, A13 and A32. See discussion under items. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of June 28, 1994. Council Member Pickler seconded the motion. Motion Carried. CITY MANAGER~DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Pickler , seconded by Council Member Simpson, 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-128 through 94R-136, both inclusive, for adoption. Item A31 was removed from the Consent Calendar for seperate action. Al. 156: Receiving and filing a Monthly Crime Statistics Report from the Police Department for the month of May, 1994. A2. 150: Awarding the contract to the lowest responsible bidder, Steiny and Company, in the amount of $172,928.29 for Central City Beautification III; 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 iow bidders. A3. 169: Awarding the contract to the lowest responsible bidder, R.J. Noble Company, in the amount of $176,950.48 for Harbor Boulevard/Chapman Avenue Intersection Improvements; and in the event said iow bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, 359 City Ha11~ Anaheim~ California - COUNCIL MINUTES - JUNE 28~ 1994 - 5~00 P.M. as well as waiving any irregularities in the bids of both the low and second low bidders. A4. 169: Awarding the contract to the lowest responsible bidder, R.J. Noble Company, in the amount of $298,794.88 for Lincoln Avenue Street Improvement from Magnolia Avenue to Beach Boulevard; 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. AS. 169: Awarding the contract to the lowest responsible bidder, R.J. Noble Company, in the amount of $334,892.41 for Orangethorpe Avenue Street Improvement from Raymond Avenue to Lemon Street; 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. A6. 165: Approving the Contract Change Order No. 1, in the amount of $8,125 in favor of J & B Kovac Engineering, for construction of additional modified Type C concrete curb (Sidewalk Program 1993/94). A7. 123: Approving an Agreement with UMA Engineering, Inc., for engineering design services, in an amount not to exceed $820,000 for the Katella Avenue Improvement between the Santa Aha (I-5) Freeway and Beach Boulevard. AS. 160: Accepting the bid of Computer Communications Specialists, Inc., in the amount of $44,649 for one Voice Response System for the Public Utilities Department, in accordance with Bid ~5259. Mr. Dennis Matthews, representing J.L. Rochester Co., one of the firms whose bid was termed "non-responsive", indicated that he believed his firm's bid to be the lowest acceptable bid, and the Computer Communications Specialists bid to be the third lowest. His company had given four references and he determined that these applications were closely related to the Anaheim job. His firm also gave a successful demonstration of system performance to the Anaheim staff, whereas no other firm did. In conclusion he stated that J.L.Rochester Co. is equal in every way to Computer Communications Specialists and their bid constitutes a savings of $7,000 to the City. At the request of the Mayor and City Manager, Dennis Mitchell, Chief Utilities System Operator, indicated the reason the J.L. Rochester bid was rejected was that their staff had called 3 out of 5 of the references given, none of which had a system similar to the one in this specification. Additionally, the bid requested certain warranties for one year, and the specifications from Rochester indicated warranty for 13 days after bid closing. This company had not built a system of this type previously, and it was not the Utility's intent to be a test site. Jack White, City Attorney advised Council that the City's obligation here is to follow its own procedure, and let the contract to the most responsible bidder. The bid which was rejected was deemed nonresponsive. In response to question by Council Member Feldhaus, Diane Hughart, Purchasing Agent, noted that the City does have a source file of vendors for different commodities. This is established by vendors expressing interest in doing business with the City. They also use the yellow pages to obtain vendors. In this case they did receive three legitimate bids. 360 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 28, 1994 - 5500 P.M. A9. 160: Accepting the bids of Ken Thompson's and Doty Bros., for an aggregate amount not to exceed $60,000 for sewer and storm drain repairs, for one year, commencing July 1, 1994, and ending June 30, 1995, in accordance with Bid ~5279. Al0. 160: Accepting the low bid of Waxie Sanitary Supply, in an amount not to exceed $50,000 for paper towels and toilet tissue as required at the Convention Center, for the period July 1, 1994 through June 30, 1995, in accordance with Bid $5284. Ail. 160: Approving the bids of Absolute Asphalt, Inc., Western Emulsions, Inc., and Koch Materials Company, for an aggregate amount not to exceed $70,000 for asphalt products, for a period of one year commencing July 1, 1994, in accordance with Bid #5273. Al2. 160: Accepting the bid of General Switchgear, Inc., in the amount of $104,310 for retrofitting ten air circuit breakers with ten new vacuum circuit breakers, in accordance with Bid $5251. A13. 160: Accepting the bid of Silvia Construction, Inc., in an amount not to exceed $250,000 for the rental of Asphalt Recycling Equipment, for a period of one year commencing July 1, 1994, in accordance with Bid #5281. Jeff Kirsch 2661 West Palais Road Anaheim, questioned whether the cost of rental of the asphalt recycling machine was analyzed versus the cost of purchase. Mr. Jim Ruth gave assurance that the rental of the specialized equipment has historically been and is still less costly than purchase. Al4. 1605 Accepting the bid of Pauwels Transformer, in the amount of $166,112 for fifteen three-phase padmount transformers, in accordance with Bid ~5269. 160: Accepting the bid of Wesco Utility Sales, in the amount of $137,554 for fifteen three-phase padmount transformers, in accordance with Bid ~5269. 160 Accepting the bid of G.E. Supply Company, in the amount of $29,428 for one three-phase padmount transformer, in accordance with Bid ~5269. A15. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a Purchase Order to West Coast Turf, in an amount not to exceed $30,000 for playing field sod for Anaheim Stadium. Al6. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a Purchase Order to Motorola Communications and Electronics, Inc., in the amount of $33,588 for twelve hand-held portable radio sets for the Fire Department. A17. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a Purchase Order to Alan Landscape, in an amount not to exceed $85,000 for the Stadium Playing Field Reconstruction, rebuilding and emergency repairs during fiscal year 94/95 or a period of one year beginning July 1994. Al8. 123: Authorizing an Addendum to an Agreement with All City Management Services, Inc., for a not to exceed amount of $107,443.50 for providing school crossing guard services for a maximum of three months beginning July 1, 1994, in accordance with Bid #4932. 361 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 28, 1994 - 5:00 P.M. A19. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a purchase order to Shorco Publishing, in an amount not to exceed $50,000 for the design and production of the quarterly Anaheim Activities Guide brochure, including all camera work, color separations, printing, carrier route presorting, and delivery to the post office and Parks Central Yard as required by the Recreation Division. A20. 127: RESOLUTION NO. 94R-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CALLING AND GIVING NOTICE OF_THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 1994, FOR THE ELCETION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CHARTER. 127: RESOLUTION NO. 94R-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 1994, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE. 127: RESOLUTION NO. 94R-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 1994. A21. 184: Reviewing the need for continuing the Fourth Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on April 5, 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. A22. 184: Reviewing the need for continuing the Second Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on April 5, 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. A23. 123: Approving the terms and conditions of the Settlement Agreement which resolves the dispute between the City and the County of Orange over parking ticket surcharges. A24. 158: RESOLUTION NO. 94R-131: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL PROPERTIES OR INTERESTS THEREIN TO THE CITY. A25. 117: Approving the City Treasurer's Investment Policy Statement, Strategy and Goals for 1994/1995. A26. 123: Approving a License Agreement with Feedback Foundation, Inc., to utilize Brookhurst Community Center on a shared basis to provide a comprehensive meal program, including recreational activities and social services, to senior citizens through June 30, 1995. A27. 123: Approving an Agreement with the Orange County Transportation Authority, in an amount not to exceed $30,000 to provide transportation services to senior citizens participating in the Project T.L.C. lunch programs and Senior Day Care Center. 362 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 28, 1994 - 5:00 P.M. A28. 101: RESOLUTION NO. 94R-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM EXPRESSING SUPPORT OF "DISNEY CLASSIC WEEK". (Proposed for 2nd week of January in 1996 or 1997.) A29. 123: Approving an Amendment to Agreement with Ogden Facility Management Corporation of Anaheim for Arena overflow guest and employee parking at Anaheim Stadium. A30. 123: Approving the First Amendment to Agreement with E. Del Smith & Company, Incorporated, to extend Washington, D.C. representation services from July 1, 1994 through June 30, 1995. A31. 150: Fiscal Year 1994/95 allotment plan for $109,404 in Community Services Agency Funding to be distributed to selected community organizations. This item was removed from the Consent Calendar and acted upon seperately. A32. 123: RESOLUTION NO. 94R-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE LEASE AND OPTION AGREEMENT FOR CITY HALL WEST BETWEEN THE HOUSING AUTHORITY AND CITY FOR 2ND FLOOR OFFICE SPACE. Mr. Jeff Kirsch, 2661 West Palais Road, Anaheim questioned whether the funds received in connection with this lease and option agreement would be dedicated to pay down that debt or go into the general fund, and was informed by Mr. Ruth that the lease is a long-term lease for space in City Hall West and all of the rental derived will go to pay debt service. A33. 161: RESOLUTION NO. 94R-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE APPLICATION FOR AB 1220 FUNDS FOR MARKET DEVELOPMENT IN THE RECYCLING MARKET DEVELOPMENT ZONE AND AUTHORIZING THE EXECUTIVE DIRECTOR, ANAHEIM REDEVELOPMENT AGENCY, TO SIGN THE APPLICATION. (Application is for funds in the amount of $25,000 to supplement the City's Powerful Partnership Marketing Plan for FY 1994/95 within the Anaheim Canyon Business Center.) A34. 123: Approving agreements with Tentek, Inc., Harte Enterprises, Kingsley Software Group, and John Cappelletti Associates, for contract programming and/or consulting services for the Data Processing Department for fiscal year 1994/95. A35. 156: 150: RESOLUTION NO. 94R-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE FILING OF A PROPOSAL WITH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR FUNDING A GANG PREVENTION PROGRAM. A36. 123: Approving the First Amendment to Agreement with CH2M Hill, in an amount not to exceed $19,994 for a Sanitary Sewer and Storm Drain Financial Implementation Plan for the South Central Area. A37. 153: RESOLUTION NO. 94R-136: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM NOTIFYING THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF INTENTION TO AMEND THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND CITY OF ANAHEIM. Approving an Agreement with the Board of Administration of the Public Employees' Retirement System authorizing the release of 1959 Survivor Benefits assets and liabilities into a pooled account. 363 City Hall, Anaheim, california - COUNCIL MINUTES - JUNE 28, 1994 - 5:00 P.M~. A38. 169: Awarding the contract to the lowest responsible bidder, Sully Miller Contracting Company, in the amount of $2,139,871.38 for Kraemer Boulevard/La Palma Avenue Critical Intersection Improvements; 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. A39. 169: Awarding the contract to the lowest responsible bidder, Sully Miller Contracting Company, in the amount of $1,727,954.78 .for Broadway Street Improvements Anaheim Boulevard to East Street; 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. (Council Member Hunter abstained on this item.) Roll Call Vote on Resolution Nos. 94R-128 throuqh 94R-136, both inclusive for adoption: AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 94R-128 through 94R-136 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. (Item A31 removed from Consent Calendar and acted upon seperately. Council Member Hunter abstained on Item A39.) A31. 150: 1994/95 ALLOTMENT PLAN FOR COMMUNITY SERVICES AGENCY FUNDING: To consider approval of the Fiscal Year 1994/95 allotment plan for $109,404 in Community Services Agency funding to be distributed to selected community organizations. Ms. June Lowry, 5239 East Glen Arbor Lane, Anaheim, speaking on behalf of the Community Services Agency Funding Committee of the Community Services Board. Ms. Lowry recalled that she had presented the feelings of the Board to the Council two weeks ago, i.e., that in the last five years this category of funding has been reduced by 66%, and in this budget year the allocation is even lower. The non-profit agencies have submitted requests which amount to over $300,000 and there is but $109,000 to be allocated to cover these needs. She requested that the Council consider increasing the amount to be allocated to non-profit agencies in Anaheim. The monies would be spent for prevention type programs rather than treatment, and for needs of Anaheim residents. In response to Mayor Daly, Ms. Lowry noted that if the Council decides to inerea~ this allocation, the Community Services Board would once again like to revisit and review their recommendations on allocations so as to assure that the City gets the best value for these dollars. The City Council Members determined to remove item A31. from the Consent Calendar to be acted upon seperately. MOTION: On motion by Council Member Simpson, seconded by Council Member Hunter, an additional allocation of $23,405 was authorized to bring the funding available for nonprofit agencies up to the 1993/94 fiscal year level, and to return the 1994/95 Allotment Plan for additional review to the Community Services Board. MOTION CARRIED. 364 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 28, 1994 - 5:00 P.M. A40. 105: BOARDS/COMMISSIONS-APPOINTMENT/REAPPOINTMENT TO TERMS EXPIRING JUNE 30~ 1994 on the followinq Boards and Commissions: Budget Advisory (Doti, Heuler and McCracken) Community Redevelopment Commission (Bostwick and McMillan) Community Services Board (Crow, Lowry, Miser, Terrell, Vanderbilt, Yawn) Housing Commission (Ersek, Valenzuela) Library Board (McClain Terrell) Park and Recreation (Cherson, Wallace) Planning Commission (Henninger, Peraza) Public Utilities Board (McMillan, Schmahl) Senior Citizens Commission (Sarno,Erickson, Sullivan) On motion by Mayor Daly, seconded by Council Member Simpson, the above referenced appointments and reappointments to terms expiring June 30, 1994 were continued to the meeting of July 12, 1994. MOTION CARRIED. ITEM B1 FROM THE ZONING ADMINISTRATOR MEETING OF JUNE 9, 1994. APPEAL PERIOD E~TDS JULY 1, 1994. B1. VARIANCE NO. 4252 AND NEGATIVE DECLARATION: OWNER: SANTA ANA CANYON ASSOCIATES, 1300 Quail Street $106, Newport Beach, CA 92660 AGENT: FREDRICK J. KIM, 7400 Kensington Drive, Buena Park, CA 90621 LOCATION: 5642 East La Palms Avenue. Property is approximately 3.9 acres, located southwest of the southwest corner of LaPalma and Imperial. Waiver of minimum number of parking spaces, to establish a private tutoring center. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4252 APPROVED (ZA Decision No. 94-13). Approved Negative Declaration. END OF THE ZONING ADMINISTRATOR ITEMS ITEMS B2 - B7 FROM THE PLANNING COMMISSION MEETING OF JUNE 13, 1994 INFORMATION ONLY - APPEAL PERIOD ENDS JULY 5~ 1994 B2. 179: RECLASSIFICATION NO. 93-94-09 WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3651 AND MITIGATED NEGATIVE DECLARATION: OWNER: KAISER FOUNDATION HOSPIT~J~S, Attn: Kevin Becket, 393 East Walnut Street, Pasadena, CA 91188 LOCATION: 441 North Lakeview Ave. (Kaiser Permanente Medical Center) Parcel A: Subject property is a rectangularly-shaped parcel of land consisting of approximately 9.45 acres, located at the northwest corner of Riverdale Avenue and Lakeview Avenue, having approximate frontages of 628 feet on the north side of Riverdale Avenue and 710 feet on the west side of Lakeview Avenue, and further described as 441 North Lakeview Avenue (Kaiser Permanente Medical Center). Parcel B: Subject property is an irregularly-shaped parcel of land consisting of approximately 3.56 acres, having a frontage of approximately 310 feet on the east side of Lakeview Avenue, having a maximum depth of approximately 576 feet, and located approximately 435 feet north of the centerline of Riverdale Avenue, and further 365 City Ball, Anaheim, California - COUNCIL MINUTES - JUNE 28, 1994 - 5:00 P.M. described as 480 North Lakeview Avenue (Kaiser Permanente Parking Area). RECLASSIFICATION - PARCEL A: Petitioner requests reclassification of the western and southern portion of subject property (Parcel A) from the RS-A-43,000(SC) (Residential, Agriculture; Scenic Corridor Overlay) Zone and the CO(SC) (Commercial Office; Scenic Corridor Overlay) Zone to the CL(SC) (Commercial, Limited; Scenic Corridor Overlay) Zone. CONDITIONAL USE PERMIT - PARCEL A & B: To permit a 588,245-square foot expansion to an existing 289,794- square foot medical center (including a 387,000-square foot parking structure, 165,000-square foot addition to the existing hospital, a 20,700-square foot central plant building, and a 8,200-square foot communication building) with roof mounted equipment with waivers of required interior setback for institutional uses adjacent to residential zone boundaries, required parking lot landscaping, permitted number and type of monument signs, permitted number of wall signs, maximum structural height, required setback from an arterial highway, and required landscaped screening adjacent to an arterial highway. ACTION TAKEN BY THE PLANNING COMMISSION: WITHDRAWN by the Applicant. B3. SPECIFIC PLAN NO. 93-01 (INCLUDING ZONING AND DEVELOPMENT STANDARDS, DESIGN GUIDELINES AND A PUBLIC FACILITIES PLAN) AND MITIGATED NEGATIVE DECLARATIONs OWNER: B.U. PATEL, TUSHAR PATEL, MAYUR B. PATEL, KATELLA PARTNERSHIP, HASTER PARTNERSHIP, KASH PARTNERSHIP, TSB CRYSTAL PARTNERSHIP, C/O TARSADIA INC., 650 Town Center Drive, Ste. 1910, Costa Mesa, CA 92626 AGENT: ELFEND & ASSOCIATES, INC. 610 Newport Center Drive, $1290, Newport Beach, CA 92660 LOCATION: 1742 and 1754 S. Clementine Street, 1730, 1733, 1743 and 1755 S. Zeyn Street, 1733 and 1745 S. Anaheim Boulevard and 201 W. Katella Avenue. SPECIFIC PLAN NO. 93-01~ Request for consideration and adoption of a Specific Plan for the proposed Hotel Circle Specific Plan which includes 450 rooms with accessory land uses (which may included a 15,000-square foot dinner theater) within two (2) hotel buildings located immediately adjacent to three (3) previously approved hotels containing 653 rooms for a total of 1,103 rooms. Incorporated within the Specific Plan is a Public Facilities Plan which consists of maps and text setting forth the proposed infrastructure and public facilities. SPECIFIC PLAN ZONING AND DEVELOPMENT STANDARDS: Request for adoption of zoning and development standards and design guidelines to set forth standards, procedures and guidelines for the development of hotels and other related uses within the Specific Plan area. Property is approximately 6.8 acres with frontages of approximately 246 feet on the east side of Clementine Street, 576 feet on the west side of Zeyn Street, 100 feet on the east side of Zeyn Street, 285 feet on the west side of Anaheim Boulevard, and 254 feet on the north side of Katella Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: 366 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 28, 1994 - 5:00 P.M. Recommended approval to City Council with changes to conditions of approval for Specific Plan 93-01 (including Zoning and Development Standards, Design Guidelines and a Public Facilities Plan) (PC94-76) (6 yes votes, i absent). Recommended approval to City Council of Mitigated Negative Declaration. Due to the fact that this is a Specific Plan which requires public hearing before the City Council,-public hearing will be.scheduled for August 9, 1994. B4. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3500 AND NEGATIVE DECLARATION: OWNER: C. DARLE HALE REVOKABLE TRUST, Attn: C. Darle Hale, Trustee, 3910 E. Coronado St., Unit B, Anaheim, CA 92807 AGENT: ZACHARY M. ANDERSON, CAPITAL INDUSTRIAL Properties, INC., 310 W. Orangethorpe, Placentia, CA 92670-6972 LOCATION: 4001 East La Palma Avenue. Property is approximately 0.95 acre located on the northeast corner of La Palma Avenue and Van Buren Street and further described as 4001 East La Palma Avenue. To delete conditions of approval pertaining to permitted conditional uses; off-site parking and time limitation for a previously approved industrially related office building with minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Approved amendment to conditions of approval for CUP NO. 3500 (PC94- 77) (6 yes votes, i absent). Approved waiver of code requirement. Approved previously approved Negative Declaration. BS. CONDITIONAL USE PERMIT NO. 3688 AND NEOATIVE DECLARATION: OWNER: LEDERER ANAHEIM LTD., 1990 Westwood Blvd., 3rd Floor, Los Angeles, CA 90025 AGENT: JOHN SCHROEDER, 1440 S. Anaheim Blvd., Anaheim, CA 92805 LOCATION: 1440 South Anaheim Boulevard (Anaheim Indoor Market Place). Property is approximately 14.74 acres located north and east of the northeast corner of Cerritos Avenue and Anaheim Boulevard. To permit a private outdoor roller hockey rink in conjunction with an existing indoor swap meet facility. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3688 GRANTED with an added finding that the approval has no impact on existing conditions of approval of previously approved conditional use permits (PC94-78) (6 yes votes, 1 absent). Approved Negative Declaration. Letter of appeal submitted by the Agent, John Schroeder, Anaheim Indoor Marketplace. A letter of appeal regarding this item has been filed by Mr. John Schroeder and therefore a public hearing will be set. B6. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3690 AND NEGATIVE DECLARATION~ OWNER: LARRY ARMOUR COMPANY, C/O ARMOUR BUILDING CO., P.O. BOX 1214, Tustin, CA 92681 AGENT: JOHN SCHWARTZ, 5022 Lincoln Ave., Cypress, CA 90630 367 City Eallt Anaheimt California - COUNCIL MINUTES - JUNE 28~ 1994 - 5~00 P.M. B7. LOCATION: 2731 West Lincoln Avenue. Property is approximately 0.51 acre located on the north side of Lincoln Avenue and approximately 199 feet east of the centerline of Syracuse Street To permit an automotive lubrication and tune-up facility with coin- operated car wash facilities with waiver of required site screening and minimum landscaped setback adjacent to a residential zone boundary. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3690 GRANTED (PC94-79) (6 yes votes, 1 absent). Approved waiver of code requirement. Approved Negative Declaration. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3689 AND NEGATIVE DECLARATION~ OWNER: 3530 LA PALMA PARTNERSHIP, ATTN: Brian Bargemann, C/O INVESTMENT BUILDING GROUP, 500 N. STATE COLLEGE BLVD., $ 525, ORANGE, CA 92668 LOCATION: 3550 East La Palma Avenue. Property is approximately 5.20 acres located south and east of the southeast corner of La Palma Avenue and Grove Street and further described as 3550 East La Palma Avenue. To permit an indoor volleyball training center with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3689 GRANTED (PC94-80) (6 yes votes, i absent). Approved waiver of code requirement. Approved Negative Declaration. END OF THE PLANNING COMMISSION ITEMS. B8. Ordinance No. 5432: Council Member Pickler offered Ordinance No. 5432 for first reading. (Refer to ordinance book.) ORDINANCE NO. 5432 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP.Title 18 (to rezone property under Reclassification No. 89-90-30 located at 1320 South Sanderson Avenue from the ML zone to the CL zone.) 368 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 28, 1994 - 5500 P.M. 127: PROPOSED CHARTER AMENDMENT: The City Attorney had submitted two versions of the proposed ballot measure relating to an amendment to the City Charter concerning the filling of vacancies on the City Council for City Council review. These were identified as version A and version B, and prepared as a result of Council direction. Council Member Hunter was of the opinion that the Council should indicate which version it were interested in, and he particularly felt that version B would catch more situations. MOTION: On motion by Council Member Pickler, seconded by Council Member Feldhaus, the discussion of both versions "A" and "B" was continued to the meeting of July 12, 1994. Council Members Simpson and Hunter voted No. Motion Carried. 114: COUNCIL COMMENTS: At the request of Council Members, Mr. Ruth gave an update on the Orangewood/Haster area meetings with apartment property owners and managers. He also indicated that the Neighborhood Improvement Program Workshop will be scheduled on the July 19, 1994 agenda. 112: The City Attorney indicated there were no reportable actions forthcoming from Closed Session. RECESS: By general consent, the City Council recessed for a 5-minute break. (5:55 p.m.) Mayor Daly called the meeting to order, all Council Members being present, with the exception of Council Member Hunter. (6:07 p.m.) SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS: The City Attorney announced that it is appropriate at this time for all those intending to testify at any or all of the public hearings including staff be sworn in at this time. Those testifying were requested to stand by the City Clerk and asked to raise their right hand. The oath was then given. D1. 179 PUBLIC HEARING - VARIANCE NO. 4247 AND NEGATIVE DECLARATION~ OWNER: PHILLIP M. & CATHERINE A. RULLODA, 2927 Haddonfield Loop, Fullerton, CA 92631 LOCATION: 843 South State Colleqe Boulevard. Property is 0.41 acre, with frontage of approximately 100 feet on the west side of State College Boulevard, having a maximum depth of approximately 188 feet and being located approximately 480 feet south of the centerline of South Street. Waiver of minimum number of parking spaces to establish a floral design school with retail sales. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4247 APPROVED with modified condition (Zoning Administrator Decision No. 94-10). Approved Negative Declaration. 369 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 28, 1994 - 5500 P.M. HEARING SET ON: A review of the Zoning Administrator's decision was requested by Council Members Pickler and Feldhaus at the meeting of May 24, 1994 and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in the North County News - June 16, 1994. Mailing to propert~ owners within 300 feet -.June 16, 1994. Posting of property - June 16, 1994. PLANNING STAFF INPUT: See Staff report dated May 12, 1994. Council Member Feldhaus reported that he had had the opportunity to visit the site of this proposed floral design school and learned that the five other people occupying the property will be moving and the school will take possession of the entire property with the 29 parking spaces. In light of this information he is now satisfied that parking would be adequate. Catherine Rulloda, 2927 Haddonfield Loop, Fullerton 92631 concurred with what Council Member Feldhaus had said, they do intend to occupy the building 100% with retail floral and the school of floral design. Planning Director, Joel Fick explained that because the use is deemed to be a school the parking requirement is based on the number of seats for students. Since there is a condition limiting the number of students on site and there is a limitation as to maximum number of employees, staff is satisfied that the parking issue has been addressed. PUBLIC DISCUSSIONs The Mayor opened the public hearing for those in favor or opposed to speak. There was no response. The Mayor closed the public hearing. MOTION: On motion by Council Member Feldhaus, seconded by Council Member Simpson, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. (Council Member Hunter absent.) Council Member Feldhaus offered Resolution No. 94R-137 for adoption, approving Variance No. 4247. Refer to Resolution Book RESOLUTION NO. 94R-137: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 4247. AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Daly None Hunter The Mayor declared Resolution No. 94R-137 duly passed and adopted. 370 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 28, 1994 - 5:00 P.M. The City Council, with the concurrence of the City Attorney, determined to consider the next four public hearings (items D2 - D5) concurrently, as one public hearing, but at the conclusion to adopt seperate resolutions. D2. 175: PUBLIC HEARING - FORMATION OF UNDERGROUND DISTRICT NO. 11 ANAHEIM PLAZA: Underground District No. 11 is being created to provide for the undergrounding of all overhead utilities to take place in accordance with the Public Utilities Department's Conversion Program Five-Year Plan which was approved by the Public Utilities Board and City Council in December, 1992 UNDERGROUND DISTRICT NO. 11 - LOCATION: Ail overhead utilities on Loara and Crescent Streets for approximately 3,000 feet from Loara and Crescent Streets (Loara at I-5 Freeway to Euclid Street, via Crescent Street) (ANAHEIM PLAZA). D3. 175: PUBLIC HEARING - FORMATION OF UNDERGROUND DISTRICT NO. 12 SANTA ANA-BROADWAY PHASE I: Underground District No. 12 is being created to provide for the undergrounding of all overhead utilities to take place in accordance with the Public Utilities Department's Conversion Program Five-Year Plan which was approved by the Public Utilities Board and City Council in December, 1992 UNDERGROUND DISTRICT NO. 12 - LOCATION: Ail overhead utilities on Broadway for approximately 18,900 feet from Manchester Avenue to Clair Substation (SANTA ANA-BROADWAY PHASE I). D4. 175: PUBLIC HEARING - FORMATION OF UNDERGROUND DISTRICT NO. 13 ROMNEYA DRIVE: Underground District No. 13 is being created to provide for the undergrounding of all overhead utilities to take place in accordance with the Public Utilities Department's Conversion Program Five-Year Plan which was approved by the Public Utilities Board and City Council in December, 1992 UNDERGROUND DISTRICT NO. 13 - LOCATION: Ail overhead utilities on Romneya Drive for approximately 4,200 feet from west of Harbor Boulevard to Cherry Way. D5. 175: PUBLIC HEARING - FORMATION OF UNDERGROUND DISTRICT NO. 14 NOHL RANCH ROAD: Underground District No. 14 is being created to provide for the undergrounding of all overhead utilities to take place in accordance with the Public Utilities Department's Conversion Program Five-Year Plan which was approved by the Public Utilities Board and City Council in December, 1992 UNDERGROUND DISTRICT NO. 14 - LOCATION: All overhead utilities on Nohl Ranch Road for approximately 2,000 feet at its intersection with Royal Oak Road and Stage Coach Road. PUBLIC NOTICE REQUIREMENTS MET BY: Publication of Resolution in the North County News - June 16, 1994. Mailing to property owners within 300 feet - June 16, 1994. Posting of property - June 16, 1994. 371 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 28, 1994 - 5=00 P.M. STAFF INPUT= Jafar Taghavi, Electrical Engineering Manager, briefed the Council on the four undergrounding projects proposed to be established as undergrounding districts by the City Council's action. A series of slides depicting the four areas to be undergrounded were shown. Mayor Daly opened the public hearing for comments either in favor or opposition to the.four proposed underground.districts. Jeff Kirsch, 2661 West Palais Road, Anaheim. He noted that the plans for undergrounding were originally developed in 1992, and the economy was different then. He questioned, given the continuing state of the economy, whether the rate payers can afford this expense. He asked that the Council consider their priorities. Mayor Daly asked for any additional comments on either of the four districts, there being none, he closed the public hearing. Mayor Daly noted that in conjunction with the City's undergrounding efforts, the City has been also able to obtain the cooperation of the telephone company, cable companies, etc. in order to accomplish the undergrounding in a coordinated way. At the conclusion of the public comments, Council Member Pickler offered Resolution Nos. 94R-138 through 94R-141 (inclusive) for adoption= Refer to Resolution Book. RESOLUTION NO. 94R-138: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CREATING UNDERGROUND DISTRICT NO. 11. (ANAHEIM PLAZA) RESOLUTION NO. 94R-139= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CREATING UNDERGROUND DISTRICT NO. 12. (SANTA ANA BROADWAY PHASE 1 RESOLUTION NO. 94R-140: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CREATING UNDERGROUND DISTRICT NO. 13. (ROMNEYA DRIVE) RESOLUTION NO. 94R-141= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CREATING UNDERGROUND DISTRICT NO. 14. (NOHL RANCH ROAD) ROLL CALL VOTE ON RESOLUTION NOS. 94R-138 THROUGH 94R-141 BOTH INCLUSIVE: AYES: COUNCIL //EMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: FELDHAUS, SIMPSON, PICKLER, DALY. NONE HUNTER The Mayor declared Resolution Nos. 94R-138 through 94R-141, both inclusive, duly passed and adopted. ADJOURNMENT: There being no further business, by general consent, the City Council meeting was a~Durned. (6:30 p.m._~)_~ Leonora N. Sohl -~'---~ -- City Clerk 372