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2001/11/06 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING NOVEMBER 6, 2001 The City Council of the City of Anaheim met in regular session. PRESENT: Council Members Frank Feldhaus, Lucille Kring, and Mayor Pro Tem Shirley McCracken. Mayor Daly and Council Member Tait entered the Council Chambers at a later time. STAFF PRESENT: City Manager Jim Ruth, City Attorney Jack White, City Clerk Sheryll Schroeder, Police Chief Roger Baker, Public Works - Civil Engineer Natalie Meeks, Planning Director Joel Fick and Zoning Division Manager Greg Hastings. A copy of the agenda for the meeting of the Anaheim City Council was posted on November 2, 2001 at the City Hall inside and outside bulletin boards. Mayor Pro Tem McCracken called the regular meeting to order at 3:10 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. ADDITIONS/DELETIONS TO CLOSED SESSION: City Attorney White stated that the property address of 1107 North Homer Street was inadvertantly placed on the agenda. The correct address of the property was 1106 North Homer Street. Mayor Pro Tem McCracken moved, seconded by Council Member Kring, to change the property address of 1107 to 1106 North Homer Street. Ayes - 3, Mayor Pro Tem McCracken and Council Members Kring and Feldhaus. Mayor Daly and Council Member Tait were temporarily absent. Motion carried. PUBLIC COMMENTS - CLOSED SESSION ITEMS: None. Mayor Pro Tem McCracken moved to recess to Closed Session, seconded by Council Member Feldhaus. Motion carried unanimously. The Council recessed to Closed Session at 3:12 P.M. Mayor Daly and Council Member Tait joined Closed Session at a later time. 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Kord Group v. The Fieldstone Company, et aI., Orange County Superior Court Case No. 76-32-58. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: 1107, 1110 and 1112 N. Homer Street and 1136 and 1150 N. La Palma Parkway, Anaheim, California Agency negotiators: Christopher K. Jarvi and Elisa Stipkovich Negotiating parties: City of Anaheim and Apostolic Assembly, Ron Muccino and Bhagu C. Patel Under negotiation: Price and terms 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 6, 2001 PAGE 2 Property: 1126 N. Euclid Street, Anaheim, California Agency negotiator: Elisa Stipkovich Negotiating parties: Anaheim Redevelopment Agency and Wally Courtney as Broker for Island Investments, Inc. Under negotiation: Price and terms 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: 320 N. Sunkist Street, Anaheim, California Agency negotiators: Christopher K. Jarvi and Gary E. Johnson Negotiating parties: City of Anaheim and James M. Beatty Trust Under negotiation: Price and terms 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: 2004 East Lincoln Avenue, Anaheim, California Agency negotiator: Gary E. Johnson Negotiating parties: City of Anaheim and NMC Anaheim, a California limited liability company Under negotiation: Price and terms 6. PUBLIC EMPLOYEE APPOINTMENT Title: City Manager 7. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Agency designated representative: Mayor and City Council Unrepresented employee: City Manager AFTER RECESS: Mayor Daly called the regular Council meeting of November 6,2001 to order at 5:41 P.M. and welcomed those in attendance. INVOCATION: Dave Osborne, Vineyard Christian Fellowship of Anaheim FLAG SALUTE: Council Member Feldhaus 119 PROCLAMATIONS AND DECLARATIONS: Proclaiming November 18 - 24, 2001, as National Family Week. Recognizing the Anaheim Achieves Program on winning the California Community Partnership Award Recognitions to be presented at a later date were a proclamation recognizing November 2001 as Influenza Prevention Month and a proclamation recognizing November 4 - 10, 2001, as Key Club Week. A special announcement was made by Mayor Daly and the Council noting that effective December 29,2001, Dave Morgan was unanimously appointed as the new City Manager. Terms of employment to be voted upon on November 13, 2001. -' ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 6, 2001 PAGE 3 At 6:01 P.M., Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Anaheim Housing Authority meetings. Mayor Daly reconvened the City Council meeting at 6:15 P.M. ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS: James Robert Reade, 100 West Midway Drive, Space 124, Golden Skies Mobile Home Park, commented that people were thrown out of their homes and he said that he believed property was purchased for the City to sell at a profit. Gerald Bushore spoke regarding the Royal Oak tract of approximately 80 homes in Anaheim hills and the necessity to grant easements for that tract for emergency purposes. He said that one of the property owners had blocked off that fire easement and nothing had been done to open it up in case of an emergency. He explained that there had been a fire there four years ago and he wanted it investigated. Mayor Daly asked the City Manager to evaluate the details and respond back to Mr. Bushore. Bob Ball commented on the first speaker and noted that Council had been very patient. Mandy Westbrook, a student at Cal State Fullerton, announced that National Hunger Week started November 12, 2001. She encouraged everyone to support the food drive held November 10, 2001, from 8:30 A.M. to 1 :00 P.M. at the Albertson's parking lot in Huntington Beach, 7201 Yorktown Avenue. Will King spoke about his involvement with the Anaheim Workforce Center. Thomas Kieviet, 2300 East Katella Avenue, Suite 235, spoke on behalf of the Anaheim Indoor Marketplace and provided Council with a follow up report. He stated that steps had been taken to remove the sign and they contracted with a sign removal company and a copy of that contract was provided to Code Enforcement. He said that a letter was sent to Code Enforcement requesting that they be given the opportunity to remove the sign during the week that the Marketplace was normally closed which was the first week after January 1, 2002. He noted that it would take two to three days to remove the sign and it would be harmful to the businesses in the area if the area was roped off to remove the sign. He requested that the sign stay in place until the first week in January and then they would remove it. Mayor Daly noted that Mr. Kieviet's matter was being handled administratively. Sonja Grewal, Director of the Anaheim Hills Citizen's Coalition, spoke regarding term limits. She said that when residents had voted for term limits, they wanted to insure the opportunity for new personalities, viewpoints and representation on the Council. She said that veteran Council members would have the opportunity to come back after a two-year break if the voters wanted them back. She commented that the voters were clear about having term limits and that if Council wanted to hear that again they should place that item on the ballot for November, 2002 when it would not be an extra expense. She noted that if there was an extra $100,000 in the budget, the top priority should be on maintaining and improving safety of the City's residents and visitors. .- ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 6, 2001 PAGE 4 Janet Hunt, Supervising Trial Council for the State Bar of California, said that eighty-two percent of the voters in the City had voted to approve term limits and did not want career politicians. She said if the voters had been interested in changing term limits, there would have been support through petitions signed by registered voters. Stefanie O'Neil-Perry, 216 South Mohler Drive, spoke on Item A31. She said that eighty-two percent of the voters in the City had voted to approve term limits in 1992. She said that this was an attempt to overturn the will of the people and she asked that Council listen to the will of the people. Stella Granger, 8212 E. Blackwillow Circle, said that term limits were voted into place by over eighty percent of the voters and were necessary to keep career politicians in check. She said she believed that term limits were necessary to insure that City government was run smoothly and competently. Richard Chavez, representative of the Anaheim Fire Fighters Association, IFF Local 2899, congratulated Dave Morgan on his appointment as City Manager. He spoke about binding interest arbitration and said that the firefighters had it approved by the citizens by a margin of sixty-seven percent to thirty-three percent. He said he believed that this was a fair way of dealing with contracts and resolving the issue. Mr. Chavez spoke about term limits and said that no one would benefit from doing away with term limits and over $100,000 would be spent. Jim Dougherty, 5240 Nantucket, said that with the fiscal responsibility that the City had to look at in these times, the $100,000 plus could mean not having to layoff any employees. He said that the voters had spoken with eighty-two percent. Art Montez, LULAC, spoke on behalf of working families and those representing working families and said that he was in support of term limits at the local level. He said that there were citizens that needed literacy skills and computers and those needs were not being addressed. He stated that he was in support of the unions and arbitration and it was a system that worked. Jeanette Brink, 5601 Orangethorpe Avenue, said that when term limits were on the ballot in 1992, she voted to put a cap on consecutive terms that a Councilperson or Mayor could serve. She said she understood that any member of the Council, including the Mayor, could serve two consecutive four-year terms; take two years off and run again. She was opposed to the overturning of what was voted into effect in 1992 and she added that there needed to be fresh people and views to progress. John Howard, 178 North Paseo Robles, said he would not vote to allow a person to be on Council or in the Mayor's seat for sixteen straight years. The decision to elect a person was in the hands of the voters and giving a politician the opportunity to stay for sixteen years was not a good idea. Debbie O'Neil, 430 South Anaheim Hills Road, President of Concerned Citizens of the Canyon, said that in a time when the revenue of the City was already down, she asked how the City Council could afford $100,000 to hold a special election. She said that there were better places to use the money. It was the will of the people in 1992 when term limits were voted in and she asked the Council to keep the will of the people intact. '...-.' ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 6, 2001 PAGE 5 Paul Bostwick, 200 West Midway Drive, said that changing the terms of the Mayor and Council was a recommendation of the Charter Review Committee one-year ago. There were fourteen substantive changes presented to Council, he said, and twenty technical corrections. He said that he was asking to separate the term limits to eight years for Council and eight years for Mayor. He said that this would allow the people the opportunity to vote for a change. He stated that he was not asking Council to spend $100,000 and if it were to be placed on the March 2002 ballot, it would be on a standard election and would not cost taxpayers of the City. Rather than spending $100,000 for a special election, he asked Council to place the item on the March 2002 ballot. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions, seconded by Council Member McCracken. Motion carried unanimously. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A29: On motion by Mayor Daly, seconded by Council Member McCracken, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Item A21 continued to November 13, 2001. Mayor Daly offered Resolutions Nos. 2001 R-275 through 2001 R-277 and Ordinance Nos. 5788 through 5790 for adoption. Motion carried unanimously. Reject certain claims filed against the City. 118 A1. 128 A2. 105 139 156 123 A3. 175 A4. Receive and file the Monthly Financial Analysis Report presented by the Finance Director for two months ended August 31,2001; minutes of the Golf Advisory Commission meeting of September 27,2001; the City/State Legislative Status Report; and the Police Department's Crime and Clearance Analysis Report for August 2001. Approve a Memorandum of Understanding with Southern California Association of Governments to continue participation in the regional Clean Cities Coalition. Approve Contract Change Order No.1, in the amount of $82,465, in favor of ARA Engineering Contractor for the Water Well No. 45 Site Improvements and Well No. 33 Destruction. 179 A5. RESOLUTION NO. 2001 R-275 RESOLUTION OF THE ANAHEIM CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. ABA2001-00045) (and setting a date and time to consider the abandonment of a water utility easement located at 253 Del Giorgio Road). 123 A6. Approve and authorize the Mayor and City Clerk to execute the Agreement for Contingent Transfer of property located at 2004 East Lincoln Avenue for the Lincoln Avenue/State College intersection improvements. 123 A7. Approve and authorize the Mayor and City Clerk to execute the First Amendment to Agreement with Willdan Associates, in an amount not to exceed $13,745.50, for design services scope of work changes in the Anaheim Resort Landscape and Lighting Maintenance District. 123 A8. Accept the bid and authorize the execution of an agreement with Marina Landscape, Inc., in an amount not to exceed $98,590, for landscape maintenance for a two year -" 160 160 160 ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 6, 2001 PAGE 6 period with three one-year optional renewals and authorize the Purchasing Agent to execute renewal options in accordance with Bid #6206. A9. Accept the low bid of General Switchgear, Inc., in an amount not to exceed $79,750 (excluding tax), to upgrade control power transformers at three substations in accordance with Bid #6213. In response to Council Member Kring, City Manager Ruth stated that staff would be actively aggressive to encourage bidding and usually in this type of economy, the competition gets more aggressive. A10. Accept the bid of C.G.I. Systems, in an amount not to exceed $110,275 (excluding tax), for the purchase and installation of HV AC Systems at three substations in accordance with Bid #6215. A 11. Accept the low bid of Southwest Power, in the amount of $766,575 (excluding tax), for 69kV silicon insulators for the two year period beginning on November 7,2001 through November 6,2003, with two one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #6216. 160 A 12. Accept the low bid of McAvoy and Markham Engineering and Sales Company, in the amount of $82,760 (excluding tax), for integrated wan gate radios and antennas in accordance with Bid #6217. 160 A 13. Accept the low bid of Hillcrest Contracting, in an amount not to exceed $96,356, for the removal and replacement of the parking lot at Fire Station NO.1 in accordance with Bid #6218. 160 A 14. Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase order to ICI Solutions, in an amount not to exceed $55,000, for software upgrades and programming services for the Police Department's document imaging system. 123 A 15. Authorize a first amendment to an agreement with Sunbelt Landscape and Maintenance, Inc. to authorize the first renewal option, increase the annual dollar amount for the landscape maintenance at the Anaheim Resort, Katella Project and authorize the Finance Director to exercise future renewal options. 105 A 16. Express sympathy at the passing of Kenneth Moe, Board Member of the Senior Citizens Commission, and instruct the City Clerk to post the Notice of Unscheduled Vacancy. 179 A17. RESOLUTION NO. 2001R-276 RESOLUTION OF THE ANAHEIM CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2001 R-164, nunc pro tunc, relating to zoning (Reclassification No. 2001-2001-00048) (Northwest corner of Imperial Highway and Via Escola). 179 A 18. ORDINANCE NO. 5791 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2001-00048) (Northwest corner of Imperial Highway and Via Escola). ....- 123 179 179 ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 6, 2001 PAGE 7 179 A19. ORDINANCE NO. 5792 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning [Reclassification No. 99-00-15(1)] (2045 South State College Boulevard). 106 A20. Amend the Police Department's fiscal year 2001/2002 budget by increasing revenues and expenditures in the amount of $160,000 for purchase of evidence freezer and facility modifications (Police Cash Discovery Account). 123 A21. Waive Council Policy No. 306 and authorize the Chief of Police to execute an agreement with Wellness Solutions in an amount not to exceed $81,120, to provide a fitness/wellness program for Anaheim Police Officers as provided for in the Memorandum of Understanding between the Anaheim Police Association and the City. Council Member Tait commented that this was an item that should be bid out and he registered a no vote. Council Member Feldhaus had asked that a report be provided to Council and City Manager Ruth said that the program had reduced injuries and accidents in the department and had detected early diseases or health problems. Manager Ruth stated that he would provide a report to Council next week. Council Member Feldhaus moved, seconded by Council Member Tait, to continue Item A21 for one week. Motion carried unanimously. 150 A22. Deny the request to waive fees for the use of the Pearson Park Amphitheatre for an event produced by the Calvary Church of Westminster. 123 A23. Approve and authorize the City Manager to execute Amendment NO.1 to Workforce Investment Act Vendor Agreements by and between the City and Smart Digital Technology and Frieda Wolden for provision of occupational skills training services. 123 A24. Approve and authorize the City Manager to execute the Workforce Investment Act Vendor Agreements by and between the City and Software Education of America, Inc. and Larson Training Centers, Inc. for provision of occupational skills training services. A25. RESOLUTION NO. 2001 R-277 RESOLUTION OF THE ANAHEIM CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Firefighters Association, Local 2899 and the City of Anaheim. A26. ORDINANCE NO. 5788 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 99-00-10) (1500 North Lemon Street) (Introduced at the Council meeting of October 23, 2001, Item A 18). A27. ORDINANCE NO. 5789 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting Amendment NO.3 to Specific Plan No. 88-1, Exhibit A (The Sycamore Canyon Specific Plan) (Introduced at the Council meeting of October 23, 2001, Item A21). - ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 6, 2001 PAGE 8 179 A28. ORDINANCE NO. 5790 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2001-54) (5801 East Santa Ana Canyon Road, Maag Ranch) (Introduced at the Council meeting of October 23, 2001, Item A22). 114 A29. Approve the minutes from the Council meeting of October 16, 2001. END OF CONSENT CALENDAR 106 A30. To consider additions and/or deletions to the budget for the fiscal year 2001/2002. Mayor Daly asked for a report from the City Manager in the next week or two regarding any proposed cutbacks or adjustments recommended. _ 127 A31. Consider the submission of possible City Charter amendments to the voters of the City at the March 5, 2002 statewide primary election. Council Member McCracken noted that she had asked that the item be placed on the agenda because the Charter Review Committee had recommended that certain issues in the Charter be clarified. She said that the cost for placing the items on any election had to be absorbed by the City. A general municipal election for the City would cost at least $65,000 and the March primary election, she said, would be about $87,000, she said. A special election held on a non- traditional election day would cost approximately $137,000, she said, depending on the number of registered voters. She said she believed that possibly some of the Charter amendments should be placed on the March primary election ballot and any time any Charter amendments would be placed on a ballot, it would cost the City money. She added that some of the amendments were placed on last November's ballot and that there were some that needed to be looked at. She said that maybe some of the binding interest arbitration issues needed to be worked out. She recommended that Sections 502 through 10211 of the Charter be considered for placement on the March ballot and that mandatory arbitration be off and negotiated with the firefighters. In response to Mayor Daly and the aspects of the Charter amendment dealing with binding interest arbitration, City Manager Ruth said that the City obtained a four year contract in the last series of negotiations and those issues were not discussed and had not been pursued since the agreement with the firefighters. Council Member Tait moved, seconded by Council Member Kring, to retain the current term limits and that they not be placed on the ballot and that the money not be spent for an election. Council Member Kring spoke about the costs of a special election, the March primary and the general municipal election. She noted that it would cost $88,000 to place something on the March primary ballot and suggested that anything that Council considered placing on a ballot be placed on the November 2002 ballot when there was a scheduled election in the City. She stated that the citizens had already voted for term limits. Council Member Feldhaus said that if there were items placed on the March ballot, it would cost $87,700 and if the items were placed on the November ballot, it would cost $65,776. He said that the Charter Review Committee had gone through the Charter chapter by chapter and had a total of seventeen meetings over the course of one and one-half years. He said that the Charter ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 6, 2001 PAGE 9 Review Committee members were in agreement that Section 503 was impractical and needed a change. The Anaheim Chamber of Commerce had recommended that the entire ordinance be revoked and that the rules of the State Fair Political Practices Commission be followed, he said. If Council did not follow that recommendation, the ordinance should be modified to permit a fairness to Council Members currently seated so that they could decide whether they wished to run for office of Mayor when the office became available, he said. He said he believed that term limits should be placed on the ballot for the voters to decide. In response to Council Member Kring, City Attorney White stated that the City would pay approximately 40 cents per registered voter just for the election of Council members. If ballot measures were placed on the November ballot, he said that it would go up to approximately 60 cents per registered voter. Ballot measures would be an additional $22,000 for the November election. He said that regardless of which election measures were placed on the ballot, there would be some incremental cost as a result of having ballot measures even if Council already had a scheduled election. He said that the cost was greater to have the measures at a special election and was somewhat less to have it when there was another election that it could be combined with. Council Member Tait said that he believed that the Council should retain the current Charter. Mayor Daly asked the City Manager to report recommendations back to the Council as to whether it would be wise to pursue any adjustments to the part of the Charter relating to binding interest arbitration and whether the Fire Association agreed. He said that if there were unnecessary costs associated with binding interest arbitration and all parties could agree, he noted that it may be wise to place that adjustment in front of the voters. He said that it may be too soon to know and he asked if the City Manager was aware of any resistance to the adjustments. City Manager Ruth said that he presumed that there would be some resistance and in all fairness to all parties concerned, he said that it should be discussed with the firefighters and let them explain what their position was. Mayor Daly asked what the cost was for unnecessary expenses relating to the binding interest arbitration. City Attorney said that during the meetings of the Charter Review Committee staff had proposed seven possible changes to the binding interest arbitration language currently in the Charter. He said that he did not believe that any savings had been costed out that would be accrued in any of the particular amendments. Council Member Kring commented that a number of speakers spoke about what could be done with the approximate $88,000 to $100,000 and she noted that she was an advocate of tree trimming and curb fixing. She stated that 1,650 trees could be trimmed with the $88,000 or 6,285 linear feet of residential sidewalks could be repaired. In response to Mayor Daly, City Clerk, Sheryll Schroeder, stated the date for Council to place an item on the March 2002 primary would be December 7,2001, to submit a resolution to the Registrar of Voters Office. Mayor Daly asked if the school districts in the City had decided to place any questions before the voters and City Manager Ruth responded that it was his understanding that the Board had made that decision and voted. He said that he did not know if the High School District had made that determination yet and the City School District had. '...-~ ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 6, 2001 PAGE 10 Mayor Daly asked City Manager Ruth if there was any value in discussing with the Firefighters Association any fine-tuning of binding interest arbitration that could be acceptable to all parties and placed before the voters. City Manager Ruth said that he was willing to see if there were any disagreements that could be resolved, if Council desired, and see if it could be brought to any resolution. Council Member Feldhaus said that there were business decision items that were not placed on the ballot last time. One was to authorize the City Manager or a department head to contract for the purchase of public utility products. The second was Section 12101 to allow the Council to issue refunding bonds to redeem or retire existing utility revenue bonds provided that the Council determined that the issuance of the refunding bonds would be advantageous to the City. Mayor Daly asked for a one week continuance and Council Member Tait asked that the vote on the term limit issue be taken now and the other items could be continued to next week. Mayor Daly moved, seconded by Council Member Kring, to continue Item A31 for one week to November 13, 2001. Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus and Kring. Noes - 1, Council Member Tait. Motion carried. 179 A32. Request for rehearing submitted by Agent, Whalen & Company regarding the denial of Conditional Use Permit No. 2001-04400 . (Resolution No. 2001 R-259) at the Council meeting of October 2,2001, Item C6. City Clerk Schroeder announced that Council had received a request by the Agent for a continuance to December 4, 2001. Mayor Daly moved, seconded by Council Member McCracken, to continue the request by the Agent to December 4, 2001. Motion carried unanimously. 6:00 P.M. PUBLIC HEARINGS: 106 C1. PUBLIC HEARING: To consider approval of the Police Department's Expenditure Plan for the fiscal year 2001/02 Supplemental Law Enforcement Services Fund award from the State budget. Mayor Daly opened the public hearing. Will King spoke regarding police and other issues. Mayor Daly closed the public hearing. Mayor Daly moved, seconded by Council Member McCracken, to approve the recommendation of the Police Chief and City Manager. Motion carried unanimously. 176 C2. PUBLIC HEARING: To consider the abandonment of an electrical utility easement located at 1400 Brasher Street. At their meeting held September 25,2001, Item A9, the Anaheim City Council adopted Resolution No. 2001 R-240 declaring its intention to vacate certain public streets, ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 6, 2001 PAGE 11 highways and service easements and setting a date and time to consider the abandonment of an electrical utility easement located at 1400 Brasher Street (Abandonment No. ABA2001-00041). REQUESTED BY: Don Bering, on behalf of Elias Properties, 5395 East La Palma, Anaheim, CA 92807. Mayor Daly opened the public hearing and hearing no public comments relating to Abandonment No. ABA2001-00041 , closed the public hearing. Mayor Daly moved, seconded by Council Member McCracken, to approve the CEQA Finding of Categorically Exempt, Class 5. Motion carried unanimously. Mayor Daly offered Resolution No. 2001 R-278 approving Abandonment No. 2001-00041. RESOLUTION NO. 2001 R-278 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS (ABANDONMENT NO. 2001-00041). Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes - O. Motion carried. C3. CONTINUED PUBLIC HEARING: 179 CONDITIONAL USE PERMIT NO. 2001-04401 AND NEGATIVE DECLARATION: OWNER: Southern California Edison, 2244 Walnut Grove Avenue Rosemead, CA 91770 AGENT: The Consulting Group, Attn: Paul Kim 18500 Von Karman Avenue, Suite 870, Irvine, CA 92612 LOCATION: 1653 South Walnut Street. Property is approximately 2.5 acres located on the southwest corner of Walnut Street and Audre Drive. To permit a telecommunications antenna and accessory ground-mounted equipment. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit granted for 5 years to expire on August 13, 2006 (PC2001-11 0) (6 yes votes, Commissioner Boydstun absent). Negative Declaration approved. (Review of the Planning Commission decision requested by Mayor Daly and Council Member McCracken at the Council meeting of August 28, 2001, Item B3. Continued from the Council meeting of October 2, 2001, Item C7). Council Member Tait declared a conflict of interest and stated that he would be abstaining on public hearing items C3, C4 and C5 and removed himself from the diazo Mayor Daly noted that there was a memorandum from the Planning Department recommending approval of the conditional use permit as requested, with modifications. He said that the modifications proposed by Planning staff were agreed to by the property owner and the telecommunications company. Planning Director, Joel Fick, said that from a prior approval the landscaping had not been completed and the plan enhanced a number and quality of trees being installed. The applicant had proposed to construct a block wall and there was currently a chain link fence along Walnut '- ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 6, 2001 PAGE 12 Avenue and a hedge and sod or grass along the Walnut frontage. Director Fick said that the residents might want a different type of plant material and an open rod iron fence rather than a block wall. The specific conditions, he said, were as addressed by Planning Commission. He noted that it was required before the issuance of a building permit or any activity authorized by the conditional use permit or within gO-days, whether this goes forward or not, that the landscaping be completed. Planning Director Fick stated that the recommendations included construction of a six-foot high decorative block wall in place of a chain link fence and because of security issues, some of the residents said that they may want an open fence. He said that there were vines that were to be planted adjacent to the wall and the landscaped area adjacent to Walnut Street would have nineteen trees with enhanced quality and different types of trees instead of the thirteen that were proposed in the original plan. He noted that there were shrubs proposed for planting adjacent to the sidewalk and the plan as submitted by the applicant also proposed sod for the remaining spacing of the area. He added that some of the residents would prefer some type of ground cover rather than sod so that there would be no encouragement of vehicles to park there. Mayor Daly opened the public hearing. Paul Kim, The Consulting Group, Cingular Wireless, stated that he had met personally with the neighbors and he presented to them the plan that they had presented to the City regarding landscapes and he said that they were fully aware of what was being put in. He said that Cingular would be flexible in terms of changing out the ground cover to whatever it needed to be. A female resident in the area stated that the residents had met with Mr. Kim at the site and the residents agreed on the proposal of adding the trees along the fence line, shrubs along the sidewalk, irrigation system and a paved driveway to the entrance of the facility. She noted that Edison was supposed to maintain the landscaping once it was in place. She stated that the residents would prefer to have rod iron versus block wall and ground cover instead of grass. She said that a block wall may encourage vandalism in the area and that rod iron would look nicer with the landscaping. She said that the Edison easement was enclosed with chain link fencing and had been vandalized. She was concerned about having ground cover and that the area would turn into a small park and a place for people to sit and gather. She noted that there had been signs posted that said no-parking and tow away zone and that they were no longer there. She said that she would like to have trees along the south fence line because of the easement and asked if the time frame for landscaping would be gO-days. Mayor Daly asked Mr. Kim about the two primary changes requested by the residents which were rod iron fencing instead of block wall and ground cover instead of sod and Mr. Kim stated that he was all right with that. Planning Director Fick said that the changes were acceptable to staff and he suggested that if approved, that the two conditions suggested be substituted in place of and the decorative block wall would be a decorative rod iron fence and that sod be replaced with ground cover acceptable to the Parks, Recreation and Community Services Department. He stated that the existing conditions had a five-year time limitation. The information received from Mr. Kim, said Director Fick, was that Southern California Edison would not permit the planting of the trees in that other particular location because of the power lines. 179 ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 6, 2001 PAGE 13 In response to Council Member McCracken, Director Fick said that the no parking signs could be installed at a later date. It would look nicer without the signs although it would not be a problem to install them. Mayor Daly directed staff to follow up and find a way to make the prohibition work. Mayor Daly closed the public hearing. Mayor Daly moved, seconded by Council Member McCracken, to approved the CEQA Finding of Negative Declaration. Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus and Kring. Council Member Tait abstained. Motion carried. Mayor Daly offered Resolution No. 2001 R-279 approving Conditional Use Permit No. 2001- 04401 for a period of five years as recommended by the Planning Director, with the substitution of a rod iron fencing and ground cover as requested by the neighbors, and that no-parking signs and the chain link fence be followed up by staff. RESOLUTION NO. 2001 R-279 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2001-04401. Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus, and Kring. Noes - O. Council Member Tait abstained. Motion carried. C4. CONDITIONAL USE PERMIT NO. 2001-04415 AND NEGATIVE DECLARATION: OWNER: Southern California Edison 2244 Walnut Grove Avenue #290, Rosemead, CA 91770 AGENT: Tetra Tech Wireless, Attn: Lorena Martinez 357 Van Ness Way, Suite 150, Torrance, CA 90501 LOCATION: 1621 South Euclid Street. Property is approximately 4.98 acres with a frontage of 170 feet on the west side of Euclid Street located 355 feet south of the centerline of Cris Avenue. To permit a telecommunications antenna on an existing electrical transmission tower and accessory ground-mounted equipment. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2001-04415 granted for five years to expire on September 10,2006 (PC2001-131) (6 yes votes, Commissioner Koos abstained). Negative Declaration approved. (Review of the Planning Commission decision requested by Mayor Daly and Council Member McCracken at the Council meeting of October 2, 2001, Item B5). Mayor Daly moved, seconded by Council Member McCracken, to approve the request of the applicant for a continuance to December 11, 2001. Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus, and Kring. Noes - O. Council Member Tait abstained. Motion carried. C5. CONDITIONAL USE PERMIT NO. 2001-04416 179 AND NEGATIVE DECLARATION: OWNER: Southern California Edison, 2244 Walnut Grove Avenue #290, Rosemead, CA 91770 AGENT: Tetra Tech Wireless, Attn: Lorena Martinez 357 Van Ness Way, Suite150, Torrance, CA 90501 <.-"~' ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 6, 2001 PAGE 14 LOCATION: 2719 West Ball Road. Property is approximately 8.3 acres with frontages of 265 feet on the north side of Ball Road and 265 feet on the south side of Stonybrook Drive located 159 feet west of the centerline of Sherrill Street. To permit a telecommunications antenna and accessory ground-mounted equipment. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2001-04416 granted for five years to expire on September 10,2006 (PC2001-132) (5 yes votes, Commissioner Vanderbilt voted no and Commissioner Koos abstained). Negative Declaration approved. Review of the Planning Commission decision requested by Mayor Daly and Council Member McCracken at the Council meeting of October 2,2001, Item B6). Mayor Daly moved, seconded by Council Member McCracken, to approve the request of the applicant for a continuance to December 11, 2001. Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus, and Kring. Noes - O. Council Member Tait abstained. Motion carried. Report on Closed Session Actions: Council unanimously appointed Dave Morgan as City Manager, effective December 29, 2001. Council Communications: Council Member McCracken expressed congratulations to Council Member Felhaus on the success of the Halloween Fall Festival and parade. She noted that Reinbold Gallery and Kiwanis Club of Anaheim was sponsoring the exhibit of photos of youth in City Hall. Council Member Kring asked what the follow through would be for the Anaheim Indoor Market Place and she noted that she supported that the sign should remain up until after the Marketplace was closed for the holidays. Mayor Daly stated that the Indoor Marketplace was in the hands of staff and a letter had be sent to the City Manager and he asked City Manager to make an evaluation and a recommendation. Council Member Feldhaus commented on the success of the Halloween Fall Festival and Parade. Adjournment: There being no further business to come before the City Council, Mayor Daly adjourned the meeting at 8:12 P.M. Respectfully submitted: ~~~l~ Sheryll Schroeder, CMC/AAE City Clerk