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1999/02/23The City Council of the City of Anaheim met in regular session. PRESENT: PRESENT: ABSENT: PRESENT: MAYOR: Tom Daly COUNCIL MEMBERS: Frank Feldhaus, Lucille Kring, Tom Tait, Shirley McCracken, COUNCIL MEMBERS: None CITY MANAGER: Jim Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl COMMUNITY SERVICES DIRECTOR: Chris Jarvi PLANNING DIRECTOR: Joel Fick DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson ZONING DIVISION MANAGER: Greg Hasings EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT: Lisa Stipkovich REDEVELOPMENT & PROPERTY SERVICES MGR: Robert Zur Schmiede CIVIL ENGINEER: Natalie Meeks A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:50 p.m. on February 19, 1999 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall) containing all items as shown herein. Mayor Daly called the meeting to order at 3:00 p.m. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there were 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. 1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existing Liti_~ation; Name of case: Delmonico, et al. v. City of Anaheim, et al. (and related cases and cross actions) Orange County Superior Court Case No. 70-80-71. LIABILITY CLAIMS: Claimant: David Arneson Agency claimed against: City of Anaheim LIABILITY CLAIMS: Claimant: 396 Investment Company fka The Fieldstone Company Agency claimed against: City of Anaheim PUBLIC EMPLOYEE APPOINTMENT - Government Code Section 54957: Title: City Clerk CONFERENCE WITH LABOR NEGOTIATOR Agency Designated Representative: Dave Hill Employee organization: Anaheim Fire Association, AMEA. ANAHEIM, CALIFORNIA - CiTY COUNCIL MINUTES, FEBRUARY 23, 1999 CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)- Existing Litigation: Name of Case: Robin Fuhrman vs.City of Anaheim, Orange County Superior Court Case No. 79-09-44 By general consent, the Council recessed into Closed Session. (3:00 p.m.) AFTER RECESS: Mayor Daly called the regular Council meeting of February 23, 1999 to order at 5:40 p.m. and welcomed those in attendance. INVOCATION: Pastor Bryan Crow, from the Garden Chruch gave the invocation. FLAG SALUTE: Mayor Pro Tern Shirley McCracken led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following Proclamations were issued and authorized by the City Council: Volunteer Recognition Month in Anaheim - March, 1999 Doris Blachford, Member of the Community Services Recognition Banquet Committee was present to accept the Proclamation. Ms. Blachford stated she was accepting the Proclamation on behalf of all the volunteers in Anaheim. The volunteers represent all ages, teens to the 90's. Tonight she is accompanied by two youth volunteers, Arturo Guzman and Chelsea Newhouse.The volunteers are appreciative of the support given them by the Council and the Community Services Department and they look forward to the upcoming Volunteer Banquet. Mayor Daly. The banquet this year will be held on March 29, 1999 at the Convention Center honoring those volunteers who have contributed more than 106,115 hours to the City at a savings valued at $672,769. The Mayor and Council Members commended all City volunteers who have "helped the City maintain a high level of recreational and community services . . . and exceptional commitment to the community." RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: PROCLAMATION recognizing the March 15-21, 1999, as Save Your Vision week in Anaheim. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,941,182.61 for the period ending February 16, 1999 and $6,972,673.93 for the period ending February 23, 1999, in accordance with the 1998-99 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency. (5:50 p.m.) Mayor Daly reconvened the City Council Meeting. (5:52 p.m.) ADDITIONS TO THE AGENDA: City Attorney, Jack White. He is requesting that one item be added to the agenda which needs to be acted upon by the Council this evening to comply with statutory time limitations. It is the claim of 396 Investment Company fka Fieldstone. Staff is recommending denial of the claim and that it be added under A1 .on tonight's agenda for denial. ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 23, 1999 MOTION. Mayor Daly moved to waive the 72-hour posting provision of the Brown Act to add an item under Al. of tonight's agenda since the need to act was not known at the time the agenda was prepared and posted. Council Member McCracken seconded the motion. MOTION CARRIED. ITEMS OF PUBLIC INTEREST: Mr. Floyd Farano, resident of the City and speaking as a member of the California/Nevada Superspeed Train Project Commission. The Commission has been pursuing providing a service via a Superspeed Magnetic Levitation Train between Las Vegas and Anaheim. It was a project pursued years ago but now, thanks to the perseverance of a number of people, it is a real project which he believes will actually happen. About a year ago, a consultant was hired to address subjects pertinent to and involved in the project itself. He thereupon presented a copy of the report to the City (accepted by the Public Works Department). The Stadium (Edison Field) is still the proposed and intended destination for the service which they believe will be happening within 10 years. The study addressed many issues one of which was the ridership - the ridership is there and it is coming in the right direction. He also believes they are going to get Federal funding for the project. After additional comments relative to the work that is being done in this regard, he thanked the City for sponsoring a meeting of the Commission last October and also City staff who assisted in many ways especially City Manager Ruth, Tom Wood, Assistant City Manager, Kristine Thalman, Government Relations Manager, Gary Johnson, Public Works Director and John Lower, Traffic & Transportation Manager who acted as their tour guide. Some time in the future, he would like to discuss exactly where the destination might be in the Stadium area. Mayor Daly. He expressed appreciation for Mr. Farano's service on the Superspeed Rail Commission and thanked him for a copy of the report. They have talked frequently in the past about prospects of Superspeed train service for Anaheim. Cliff Lanz, Anaheim resident. He owns a town home on Euclid at Crescent across from Anaheim Plaza. His topic is trash - he sees too much of it in his neighborhood, specifically the trash from shopping centers around him, Ralph's Shopping Center, little shopping strips or mini malls. He has approached managers or landlords of those areas and they agree there is an abundance of trash. One of his proposals is, since much of the trash is coming from fast-food places, they should contact McDonalds, 7-11, Taco Bell, etc. and do a campaign media blitz to mitigate the trash problem. Whatever the City can do should be done and he will be happy to volunteer his services. It is a major problem. Mayor Daly. They appreciate the fact that Mr. Lanz has encouraged the private property owners involved to do their share and the City will try to do its share as well. Len Spivak, President of Jeffrey-Lynne Owners Association. He has with him actual data prepared by the Anaheim Police Department (APD) and a private secutiry company (E.C. Team Patrol) which dramatically disputes the notion that the Jeffrey-Lynne neighborhood is a crime-plagued, gang-infested, drug-dealing neighborhood in dire need of a "buLldozer." He thereupon read the data contained in lettedreport dated February 23, 1999 (which he submitted) from the Jeffrey-Lynne Owners Association to Mayor Daly and Members of the City Council (made a part of'the record), ~ome of the highlights of which ~re ~s follows: The February, 1999 report of the APD shows serious crime has dropped by over 40% during the last six months of 1998 compared to the same period for 1997. The E.C. Team Patrol report of January 1998 vs. January, 1999 shows staggering reductions in drug activity (90%), drinking in public (75%), gang activity (40%) and a total incidence reduction in excess of 70%. The reduction in criminal activity is the result of the dedicated and persistent work of Anaheim Police Officers Juan Raveles and David Hermann, along with the owners and tenants working together. The data is evidence that the Jeffrey-Lynne neighborhood has undergone a transformation not yet complete. "In order for the continued success of this endeavor, the key element of continuity is very necessary." They are requesting continued support of Police and ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES FEBRUARY 23, 1999 Code Enforcement to insure an orderly transition "to a self-supporting neighborhood needing fewer City services in the future." In concluding, Mr. Spivak extended an invitation to the Council to visit the neighborhood sometime in mid- March. Jacob Felder, property owner in the Jeffrey-Lynne neighborhood. He noted Mr. Spivak's comments and also thanked the APD for the outstanding job they are doing in the area in the persons of Officer Raveles and Officer Hermann. They have been in the neighborhood since May of last year and (the owners) are concerned about when they might be leaving. The neighborhood has been in some major turmoil for the better part of a year. As owners, they have requested parking be eliminated which was difficult to get implemented. The next smart thing they did was to engage Code Enforcement, and to the credit of John Poole and his staff they have done an outstanding job, they have gone after the main offenders and their efforts are working. The owners have also gone through a change in their leadership and now good things are starting to come into focus. He explained some of the things that have been happening at their meetings especially the pressure being put on errant owners. (He referred to the report Mr. Spivak submitted which stated that the same four or five owners cause 85% of the problems.) It is again their request, they do not want to continue being a needy neighborhood "chewing up" more assets than they would like to. They would like to have some continuity to be a more self-sufficient and effective neighborhood without City assistance. Peter Tsachpinis, 156 Calle Diaz, Anaheim. He first submitted data which contained information and drawings to back up the issues he will address (see six data sheets with cover page, "Packet for Council Review" by Peter Tsachpinis - made a part of the record). There are certain issues that will come before the Council in the next few weeks that could affect the design of Imperial Plaza (northeast corner Imperial Highway and Santa Ana Canyon Road). Every time he goes to that center, the spaces are either full or are too small for his vehicle. Concerned Citizens of the Canyon measured parking stalls in the center and found out the spaces are not up to code. It is imperative these issues are dealt with before Mr. Kung (owner of the center) is permitted to make any changes. Mr. Kung made spaces smaller so there are more spaces available; therefore, when he requests to take out parking spaces, it will seem there are still enough. These should not be granted nor the building of more structures allowed. The following issues should be dealt with before Mr. Kung is granted a Public Hearing for the entrance to his center (which he is requesting be provided from Imperial); (1) provide ample handicap parking (currently 5 spaces and 7 should be available), (2) require that the other parking spaces be brought up to code - 102" in width/216" in length (see drawings submitted showing approximate size of certain spaces in the center), (3) the center is in dire need of landscape improvements. John Karczynski, resident of Anaheim. He is present to make a public announcement. Over the last year or so, people have expressed interest and concern regarding the health of his grandfather. He announced that his grandfather passed away last Thursday evening. On behalf of himself and his family, he thanked all citizens, City staff, the Mayor and Council for their kind words and support over this time which has meant a lot to him. Mayor Daly extended their sympathies to John in this time of grieving. Seferino Garcia, 1233 Diamond Avenue, Anaheim. He has been before the Council the last couple of years to try to get a street named after the late President and Founder of the United Farm Workers, Cesar Chavez. They were told a study would be done and they would get back to the community. He stated, the community would like Manchester Avenue named after Cesar Chavez. 4 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 23,, 1999 Shane Smith, 9312 Hillview, Anaheim. He noted at the corner of Citron and Santa Ana Street there is a terrible gap in the railroad tracks which he drove into and "popped" a tire. He feels it will cause damage to other cars if it is not fixed. He continued stating, his main reason for being present was again to express the need for more taxi cabs in the City of Anaheim. (He relayed a need that was expressed when the recent Doctor's convention was in town). He feels 165 cabs are not enough in Anaheim. Market forces will dictate whether Mr. Roditis (South Coast Cab) will do business in the City. It is important to improve the City's taxi cab access. PUBLIC COMMENTS -AGENDA ITEMS: Public input was received on item A16 (see discussion under that item). MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of February 23, 1999. Council Member McCracken seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A24: 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; Mayor Daly offered Resolutions Nos. 99R-30 and 99R-31, for adoption. Mayor Daly offered Ordinance No. 5670 for first reading. Refer to Resolution Book. Al. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held January 6, 1999. 114: Receiving and filing a Disclosure of Property Interests in Redevelopment Areas as submitted by Council Member Lucille Kring. 105: Receiving and filing minutes of the Public Utilities Board meeting held January 14, 1999. 156: Receiving and filing the Anaheim Police Department Crime and Clearance Analysis for the month of January, 1999. 105: Receiving and filing minutes of the Deferred Compensation Committee meetings held December 16, 1998, and January 21, 1999. 117: Receiving and filing the Invest Portfolio Report for the month of January, 1999, as submitted by the City Treasurer. 118: Rejecting and denying certain claims filed against the City. Referred to Risk Management. a. Claim submitted by 396 Investment Co. fka Fieldstone for property damage sustained purportedly due to actions of the City on or about September 2, 1998. 167: To consider awarding a contract to the lowest responsible bidder, Transtech Engineers, Inc., in the amount of $116,988.25 for Big Sky Lane/River Valley Trail and Imperial Highway Traffic Signal Installation; and in the event said Iow bidder fails to comply with the terms of the award, awarding the contract to the second Iow bidder, as well as waiving any irregularities in the bids of both the Iow and second Iow bidders. 5 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 23, 1999 Linda Denmark, 5813 Avenida Portola, Anaheim. (She addressed this issue under Items of Public Interest.) She has some concerns with the proposed traffic signal on Imperial at Big Sky Lane. This is the first she has heard of this installation. She has had no problems getting out of that area. Her concern is, by installing a light at that location with people coming up the hill (Imperial), it is going to cause traffic to back up down the hill as well as causing a difficult situation with a lot of people driving four-speed vehicles and with so many younger drivers. As a taxpayer, for $117,000, she feels there are a lot of other improvements or traffic lights that are more critical in the Anaheim Hills area. She does not know if anything can be done at this point. Mayor Daly. It is not a done deal until the Council votes this evening when the time comes. It has gone through the bid process but the Council can ask staff to respond. Later in the meeting when the Council considered Consent Calendar items, Mayor Daly asked staff to address the issue. Gary Johnson, Public Works Director/City Eng!neer explained his recollection was they had a number of requests from citizens that live in the area of Big Sky and Imperial who identified the need for traffic control at that intersection. That was at least two years ago. Staff did an analysis based on criteria from the State. Traffic signal warrants were met. The signal was put on the priority list. It went through the City budget process and was placed on the CIP (Capital Improvement Project) list and designed and what is before the Council this evening is the contract. They believe it is a good project and recommend the Council support the award. Mayor Daly. He asked about the issues broached that might arise by installation of the signal since there is a steep grade at that point (Big Sky and Imperial) and if he (Johnson) was familiar with any of those issues. Gary Johnson. One of the things they did hear from the residents was that they believed it was unsafe to get from the residential areas on to Imperial especially with the speed of vehicles coming down the hill. They did counts on the side street volumes and mainline volumes and all conditions were met. Imperial Highway, now that it has gone through, and the Eastern Corridor is open, traffic is readjusting but that will always be a very high volume arterial. If the Council would feel more comfortable delaying action so that staff can provide additional information, they can do that. Mayor Daly. It might be helpful to get staff's best recommendation relative to the issues raised by Ms. Denmark - safety, speed, incline of Imperial, etc. Council Member Tait. When the study was started, the Eastern Transportation Corridor was not completed. He would like that addressed as well. MOTION. Mayor Daly moved to continue Item A2 one week. Council Member McCracken seconded the motion. MOTION CARRIED. A3. 169: Awarding a contract to the lowest responsible bidder, R. J. Noble Company, in the amount of $331,082.42 for Sunkist Street Street Improvements from La Palma Avenue to Sunkist Street; and in the event said Iow bidder fails to comply with the terms of the award, awarding the contract to the second Iow bidder, as well as waiving any irregularities in the bids of both the Iow and second Iow bidders. A4. 106: Amending the FY 1998/99 Public Works Department Capital Improvement budget to incorporate $475,000 from sewer maintenance reserves, for the sewer improvement project to cover construction and contingency costs. 164: Awarding a contract to the lowest responsible bidder, Cornish Construction Company, Inc., in the amount of $385,010 for Sewer Improvements in Sycamore Street from alley (east of Rose Street) to Pauline Street, alley (south of Sycamore Street) from Orange Street to Olive Street and Olive Street from alley (south of Sycamore Street) to Cypress Street; and in the event said Iow A5. A6. A7. A8. A9. Al0. A11. A12. A13. A14. A15. A16. ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 1999 bidder fails to comply with the terms of the award, awarding the contract to the second Iow bidder, as well as waiving any irregularities in the bids of both the Iow and second Iow bidders. 123: Waiving Council Policy No. 401, and approving an Agreement with LaBelle-Marvin, in an amount not to exceed $80,000 for pavement evaluation on an "on-call" basis for a period of one year with the option to renew said Agreement for four additional one-year periods. 113: RESOLUTION NO. 99R-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old. (Streets and Sanitation Division.) 160: Accepting the bid of Field Technology, Inc., in an amount not to exceed $24,390 for storm water pump station maintenance and repairs for a period of one year beginning in February 1999; and authorizing the Purchasing Agent to exercise up to three additional one year renewals, limited to Consumer Price Index increases, in accordance with Bid #5882. 160: Accepting the Iow bid of Pirelli Cables and Systems North America, Lexington, South Carolina, in an amount not to exceed $58,800 for 40,000 feet of triplexed secondary URD wire; and accepting the Iow bid of WESCO Utility, in an amount not to exceed $15,666 for 40,000 feet of greased ACSR wire, in accordance with Bid #5881. 160: Accepting the bid of Mariposa Horticultural Enterprises, in an amount not to exceed $91,470 for a tree planting project to take place in West Anaheim, as required, starting in February and to be completed by June 30, 1999, in accordance with Bid #5885. 123: Accepting the Iow bid, and authorizing the execution of an Agreement with Artistic Maintenance, Inc., in an amount not to exceed $163,492.56 for a two-year period beginning April 1, 1999, with three one-year optional renewals, in accordance with page two of the Agreement for tree-well maintenance in West Anaheim, in accordance with Bid #5884. 160: Waiving Council Policy No. 306, and authorizing the Purchasing Agent to issue a Purchase Order to Advanced Control System, c/o Matzinger-Keegan, in the amount of $300,205 for a web server package enhancement for the Utility Supervisory Control and Data Acquisition (SCADA) system. 160: Accepting the Iow bid of Canada Power Products Corporation, cio Matzinger-Keegan, in an amount not to exceed $505,920 for 600 AMP SF-6 subsurface switches, as required, for a one- year period, beginning March 1, 1999, in accordance with Bid #5868. 123: Authorizing the Mayor to execute the revised Joint Exercise of Powers Agreement for the Orange County Regional Airport Authority. 168: Directing staff to take the necessary actions to rename the portion of North Anaheim Boulevard fronting La Palina Park to La Palina Park Way. 177: Approving the reprogramming of Federal HOME funds, in the amount of $971,274 from 707- 411-7217-8441 to 707-411-7214-8445 to provide eligible Anaheim families with homebuyer assistance loans of up to $35,000 per household. 161: To consider approving City staff's FY 1999/2000 funding recommendations for federal Community Development Block Grant, HOME, and Emergency Shelter Grant funding totaling $6,392,000; and authorizing the Executive Director of the Community Development Department to prepare and execute the required federal documents. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,, FEBRUARY 23, 1999 Seferino Garcia, 1233 Diamond, Anaheim. For the last several years, their youth program has been funded by CDBG funds. Last year it was cut off and this year he felt the (:;DAB Board of Directors would come to their senses and allocate the $200,000 fo'r this youth project. It is a good project. The program is needed because jobs are needed in the community for the youth. It was an excellent program and they are concerned and upset with the Neighborhood Council Members not supporting them and also for not supporting the YMCA Camp Project. A lot of kids were taken out of the poor sectors of the community for a week and it changed their lives. Some are now role models that are working at the downtown community youth center volunteering as coaches for the new basketball program. It is another project that was cut. They have to be careful in the future what they are going to do with CDBG monies. He feels, allocating funds for new programs and projects will lead to trouble because they have to first keep funding the programs already instituted and that have proved themselves. He also feels some of the members on CDAB have too many positions and roles. Someone has been on the Board for years who also sits on the School Board and also the Parks and Recreation Commission. To him, that is a conflict and he should step down when there is a vote (on parks, etc.). The Council should find out what is happening with the Board Members. Moises Placencia. He is present specifically to speak on the CDAB budget the way it has been recommended by City staff. He first gave his background and then stated he is now a teacher in the City. He is committed to the children in the City and believes in cooperation at all times;however, he feels the current City staff recommendations are not logical in the way they have been presented. They wanted a shelter at Patrick Henry School. The only change (in the budget) is the non-allocation of funds for the Patrick Henry picnic shelter and the elimination of funds for the Kids in Action program at Horace Mann School. They went through several months of discussions in setting priorities and year after year the community has said the shelter is a priority. It would not only serve the children but also allow for meetings after school when they do not have to interrupt any classrooms. The children will be in a central location in the area. There are 1,100 kids at Patrick Henry. They want to provide tutoring-parent- community meetings. With the shelter, they can continue to keep the kids at the school site. The argument was it would set a precedent. Staff wants the School (District) to fund it. There are many endeavors where the schools have provided funds and also money give by CDAB. Benjamin Franklin was not denied the Kids in Action program but Horace Mann School was. They are asking that the Council vote in favor of their programs and see the benefits of the shelter and Kids in Action at Horace Mann. If funding does come in the future for the shelters from the School District and State funding, at that time, the City can be reimbursed by those entities. Mayor Daly. The City has information the School District may be considering funding the picnic shelter at Patrick Henry with School District funds; Moises Placencia. He acknowledged that he heard about it an hour ago. Mayor Daly. He (Placencia) is obviously a strong supporter of Kids in Action. He asked if he had seen the program himself and experienced the positive results. He has heard a lot of positive things about the program but is always interested in the cost-benefit aspect noting that there are many different 'youth programs competing for money in the City; Mr. Placencia answered that he has not seen the program himself. He is new to the City and teaches in the Anaheim City School District. He also stated he understands Paseo Village programs are closed down to the rest of the neighborhood and only those who are residents can participate in those programs. Aileen Beatty, Chair Person, East Anaheim Neighborhood Council. Relative to the shelter, as a member of the CDAB committee, at first, she was "on the fence" about the request not being sure who was going to benefit from it and what it was going to be used for. She then shared/briefed the things she discovered in her research and the reasons why it is imperative that the shelter be included in the funding. It is something the community wanted more than anything. Mayor Daly. He asked City staff to report back with details on the exact location of the shelter and the cost estimate. He then asked Mr. Jarvi to speak to the issue at this time. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 23, 1999 Chris Jarvi, Community Services Director. As they consider the proposals, staff does rough cost estimates working with the School District. The cost estimate ($15,000) is a rough one, but based on similar projects done elsewhere, it is pretty close. He also explained for the Mayor, upon additional questions posed, that the shelter would only be available in non-school hours, confirmed that it would be for students during school and to the community during non-school hours, and that he does not believe there are any restrictions/regulations (regarding the shelter). Patrick Henry is desirous of having a shelter because they have year-round school at all sites and during the summer, it is necessary to have a lunch shelter for the children. He does not believe they would be opposed to use in non-school hours. Francisco Martinez, Chair Person, North Anaheim Neighborhood Council. They have 200 signed petitions requesting the shelter. He stated he would like to read a letter from one of the neighbors relating to the need for the shelter. The letter was then read (through an interpreter) which revolved around the word security and what that means to people, especially children. The letter also noted that in the Third Article of the Declaration of Human Rights signed by the United Nations in 1948, security (of person) is one of the basic tenets. In concluding, Mr. Martinez thanked the Council for their attention and emphasized the community needed their support relative to the shelter and the security it would provide. Mayor Daly. He is going to suggest a one-week continuance on the issue of the shelter. He asked staff to confirm that the School District wants the shelter at the proposed location and that it does not interfere with any other plans; Mr. Jarvi reported that the School District was in attendance at the CDAB meeting and indicated support. He believes the School District is supporting the community request. Mayor Daly. It sounds like they agree if the City wants to do it. Council Member McCracken. Thirty years ago, it shocked her that school after school did not have a shelter for the children at lunch hour. She feels that is a need whether at the elementary, junior high or high-school level which should be included in the school's funding process. She is concerned how many other schools have the need for a shelter as well at this time particularly with school funding and school building that is going to take place in the next few years. Mr. Jarvi stated a good many do need shelters but he does not have a count. The School District is proposing a renovation of all school sites and also putting in shelters at those sites that do not have them including Patrick Henry. Mayor Daly. He asked if they (the schools) are planning on putting them in and paying for them; Chris Jarvi. He answered yes. Lisa Stipkovich, Executive Director of Community Development. Staff has been working closely with the Elementary School District in this case and are applying for modernization funds for every elementary school in Anaheim. There is quite a large funding package they are going after and it looks promising. They are planning on bringing School District staff and consultants to do a workshop. They have been working closely with the City Manager and are trying to schedule a workshop to show the modernization program and also new school sites. Her understanding is if they get the modernization money, all schools will be modernized and schools that do not have lunch shelters will have then be funded for lunch shelters in all locations. Mayor Daly. He feels it will be helpful to have something in writing that gives the expected time frame, what the likelihood of funding is and when it will be expected. Staff is recommending an additional $15,000 to augment the current level of neighborhood improvement services. He would like staff to explain what the significance of the $15,000 will be. Those are the only two issues at this time; Council Member Feldhaus. That was one of his issues as well but he will reserve his comments if this item is continued. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 1999 Mayor Daly. He thanked those who have spent so much time in packaging the recommendations. Speaking for himself, the vast majority, if not the entire package, will have his support but he wants to pin down some details before he casts his vote. MOTION. Mayor Daly'moved to continue Item A16 for one week. Council Member McCracken seconded the motion. MOTION CARRIED. Council Member McCracken. (Re: Item A17, 18 and 19). She congratulated staff on the fact that the City will be working as a cooperative partner with the Anaheim Union High School District, the Magnolia School District, and the Anaheim City School District to put together an application for funds to provide for after- school programs. This partnership is going to make the application very powerful and it will bring funds to the City's neighborhoods that would never be there. Hopefully, because of this coalition, they will have some tremendous programs. It is a three-year program and she hopes they will be able to find the support and funding that will allow it to continue. A17. 123: Authorizing the City to be a collaborative partner in the Anaheim After School Learning Collaborative, in which the Anaheim Union High School District, as the lead agency and fiscal agent, will apply for After School Learning and Safe Neighborhoods Partnerships Program grant funding on behalf of the Anaheim After School Learning Collaborative; and authorizing the City Manager to sign the After School Learning and Safe Neighborhoods Partnerships Program grant application and Memorandum of Understanding as a collaborative partner. A18. 123: Authorizing the City to be a collaborative partner in the Magnolia Healthy Start Program, in which the Magnolia School District, as the lead agency and fiscal agent, will apply for Healthy Start grant funding on behalf of the Magnolia Healthy Start Collaborative; and authorizing the City Manager to sign the Magnolia Healthy Start grant application and Memorandum of Understanding as a collaborative partner. A19. 123: Authorizing the City to be a collaborative partner in the Anaheim Achieves After School Program Collaborative, in which the Anaheim City School District, as the lead agency and fiscal agent, will apply for After School Learning and Safe Neighborhoods Partnerships Program and st 21 Century Community Learning Centers (21st CCLC) grant funding on behalf of the Anaheim Achieves Collaborative; and authorizing the City Manager to sign the After School Learning and Safe Neighborhoods Partnerships and the 21st Century Community Learning Centers applications and Memoranda of Understanding as a collaborative partner. 123: Approving an Agreement with Manufacturing Automation & Software Systems Group, in an amount not to exceed $48,500 to provide engineering services for the City's Water SCADA System Year 2000 compliance; and authorizing the Public Utilities General Manager, on behalf of the City, to execute said Agreement and any other related documents necessary to implement said Agreement. Council Member McCracken. She has received comments and letters from individuals in the community. This is just another indication of Anaheim's compliance with Y2K making certain all the necessary programs are in place so that when the year 2000 comes, none of the City's systems will fail. She believes this is one of the last programs that has to be done, A21. 123: Approving the 1998 Southern California Joint Pole Agreement, and authorizing the Public Utilities General Manager to execute the 1998 Agreement and any other related documents necessary to implement the 1998 Agreement. A22. -155i-. To consider the adoption of a Resort Area Maintenance District Procedural Ordinance as the first step toward ensuring the long-term quality maintenance repair and replacement of Resort 10 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 23, 1999 Area public improvements consistent with standards to be set by an advisory board representing area property owners. ORDINANCE NO. 5670 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM enacting the City of Anaheim Resort Area Procedural ordinance. 184: RESOLUTION NO. 99Ro31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM creating the Santiago Geologic Hazard Area, and setting the date and time of March 16, 1999, at 6:00 p.m. to hold a public hearing on the matter. 114: Approving minutes of the Anaheim City Council meetings held January 26, 1999, and February 2, 1999. Roll Call Vote on Resolution Nos. 99R-30 and 99R-31~ for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 99R-30 and 99R-31, duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. 105: APPOINTMENT TO THE BUDGET ADVISORY COMMISSION: Appointment to the Budget Advisory Commission to fill the unexpected vacancy of Cindy Floriani (term expires 6/30/2000). This item was continued from the meeting of February 9, 1999 to this date. Mayor Daly. He would like to ask for a little more time on this appointment, perhaps a three-week continuance. He will be asking the Council to consider some restructuring of some of the City's advisory committees and, with that as a goal, is asking for a three-week continuance. MOTION. Mayor Daly moved that Item A2.5. be continued for three weeks to March 16, 1999. Council Member'Feldhaus seconded the motion. MOTION CARRIED. A26. 105: RESIGNATION - INVESTMENT ADVISORY COMMISSION: Accepting the resignation of Scott Feltenberg (with regrets), and directing the City Clerk to post a notice of unscheduled vacancy. MOTION. Mayor Daly moved to accept the resignation of Scott Feltenberg from the Investment Advisory Commission, with regret, and directing the City Clerk to post a notice of unscheduled vacancy. Council Member McCracken seconded the motion. MOTION CARRIED. Mayor Daly asked the City Clerk to prepare a letter thanking Mr. Feltenberg for his dedicated service to the Investment Advisory Commission. ITEMS B1 - B9 FROM THE PLANNING COMMISSION MEETING OF FEBRUARY 1~ 1999 INFORMATION ONLY APPEAL PERIOD ENDS FEBRUARY 23~ 1999: BI. 179: RECLASSIFICATION NO. 98-99-09~ AND NEGATIVE DECLARATION: OWNER: Hideyoshi Nakamura, Tr., 4777 Collinos Way, Oceanside, CA 92056-5132 11 B2. B3. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 23, 1999 Re: 2601 W. Lincoln Ave. And 109, 111, 115, 117, 119 N. Magnolia Ave. Louis Goodman, Tr., 1241 Loma Vista Dr., Beverly Hills, CA 90210-2624 Re: 2607 W. Lincoln Ave. Jong B. And Soon Gum Hong, 407 N. Anaheim Blvd., Anaheim, CA 92805-2952 Re: 2623 W. Lincoln Ave. INITIATED BY: City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805 LOCATION: Property is 1.6-acres consisting of four (4) separate parcels described as follows: Parcel A: This rectangularly-shaped parcel has a frontage of 97.5 feet on the north side of Lincoln Avenue, a maximum depth of 176 feet, and is located 302 feet west of the centerline of Magnolia Avenue (2623 West Lincoln Avenue). Parcel B: This rectangularly-shaped parcel has a frontage of 97.5 feet on the north side of Lincoln Avenue, a maximum depth of 176 feet, and is located 175 feet west of the centerline of Magnolia Avenue (2607 West Lincoln Avenue). Parcel C: This rectangularly-shaped parcel is located at the northwest corner of Lincoln Avenue and Magnolia Avenue, has a frontage of 122 feet on the north side of Lincoln Avenue, and a frontage of 125 feet on the west side of Magnolia Avenue (2601 West Lincoln Avenue). Parcel D: This rectangularly-shaped parcel has a frontage of 163.3 feet on the west side of Magnolia Avenue, a maximum depth of 122 feet, and is located 165 feet north of the centerline of Lincoln Avenue (109, 111, 115, 117, and 119 North Magnolia Avenue). City-initiated request for reclassification of subject property from the CG Zone (Commercial General) to the CL Zone (Commercial Limited) Zone. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 98-99-09 GRANTED, UNCONDITIONALLY (PC99-19) (6 yes votes, 1 absent). Approved Negative Declaration. 179: CONDITIONAL USE PERMIT NO. 3819~ AND MITIGATED NEGATIVE DECLARATION: OWNER: Shell Development Peacock Suites, 2100 E. Katella Ave., Suite 205, Anaheim, CA 92806 AGENT: John P. Erskine, esq., 18101 Von Karmon Ave., #1800, Irvine, CA 92618 LOCATION: 1733 South Anaheim Boulevard - Peacock Suites Vacation Ownership Temporary Sales Office. Property is 0.92 acre with a frontage of 100 feet on the east side of Zeyn Street, and a frontage of 100 feet on the west side of Anaheim Boulevard, approximately 580 feet north of the centerline of Katella Avenue (1733 South Anaheim Boulevard - Peacock Suites Vacation Ownership Temporary ~;ale~ Office). Reinstatement of this permit which currently has a time limitation (originally approved on February 5, 1996, to expire February 5, 1999) to retain a temporary sales office associated with the Peacock Suites vacation ownership resort for two additional years. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement of CUP NO. 3819 (to expire 2/1/01 ) (PC99-20) (6 yes votes, I absent). Mitigated negative Declaration previously approved. 179: CONDITIONAL USE PERMIT NO. 3750t AND NEGATIVE DECLARATION: 12 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARy 23, 1999 OWNER: George O. Abbes, Abel Sanchez, 608 S. Harbor Blvd., Anaheim, CA 92805 AGENT: Hector Rabolli, Abbel Trade, Inc., 18 Cantilena, San Clemente, CA 92673 LOCATION: 804 North Anaheim Boulevard. Property is 0.16 acre located on the east side of Anaheim Boulevard, approximately 95 feet north of the centerline of North Street. To consider reinstatement of this permit which currently contains a time limitation (approved on October 14, 1996 until October 14, 1997) to retain an automobile sales lot. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement of CUP NO. 3750 for one year (to expire 3/1/2000) (PC99-21) (6 yes votes, 1 absent). B4. 179: CONDITIONAL USE PERMIT NO. 4093 AND NEGATIVE DECLARATION: OWNER: Leonard Joe Chaidez & Cyndie M. Chaidez, 507 S. Lemon Street, Anaheim, CA 92805 AGENT: JWK Holdings, Inc. 2602 N. 35th Ave., Phoenix, AZ 85009 LOCATION: 507 South Lemon Street. Property is 0.56 acre located at the southwest corner of Lemon Street and Santa Aha Street. To permit a contractors storage yard. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4093 GRANTED, for three years (to expire 2/1/02) (PC99-22) (5 yes votes, 1 no vote, and 1 absent). Approved Negative Declaration. Council Member Feldhaus posed questions to staff for purposes of clarification; Greg Hastings, Zoning Division Manager. The current use which expires in March, 1999 has a CUP for a landscape storage yard. The proposed use is a contractor's storage yard more in line with having hardware materials such as wall board, basically, contractor type material rather than landscaping material. Another applicant is involved; not the same one. It was approved for three years. He also explained for the Mayor that the use on the property will be vacated and the new use put in place. Relative to the approval for three years, staff actually recommended denial because of the transition in the neighborhood. Planning felt the use would be OK for three years because there was not an immediate plan for immediate change. The three years is not a problem since it is a CUP. If there is a problem, staff would bring it back to the Planning Commission. In checking with Redevelopment staff it was determined there was no particular plan on this intersection at this time. Additional discussion and questioning by Council Members followed wherein Mr. Hastings clarified that the owner of the property will be the same but the actual user will change, the provision that there be no storage above the height of the fence is an existing condition, it would no longer be a depository site for landscaping materials, that entire (landscaping) business would be vacating the property, it is in a Redevelopment area and, while there are plans for the area, there is no plan for immediate implementation. Redevelopment told staff that the Redevelopment plan and General Plan call for the area to be residential eventually. However, the property currently is still zoned industrial. The Planning Commission felt comfortable with the three years. Rob Zur Schmiede, Redevelopment and Property Services Manager. The suggested use of the property for the forseeable three years is acceptable to Redevelopment. On a longer term basis, it does show as residential on the Redevelopment plan. Staff is looking at residential opportunities along the Santa Ana corridor. One of the problems right now is' the train track in the street. Although they are looking at options when the track is removed, they are long-term in nature and will not be in the next three years. Mayor Daly. He feels this underscores the importance of knowing what land planning strategies are so the Council will know how these short-term uses fit in with their strategies. B5. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 4095 AND NEGATIVE DECLARATION: OWNER: Parcel 1: Kenneth J. Cummins, Trustee, Couch Living Trust, 4041 MacArthur Blvd., #360, Newport Beach, CA 92660 13 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 23, 1999 Parcel 2: Carol Arthofer, 78373 Sterling Lane. Palm Desert, CA 92211 AGENT: Form Guild Architects, Attn: Caroline Shaw, 34102 Violet Lantern, Dana Point, CA 92629 LOCATION: 2144 South Harbor Boulevard - currently Arby's Restaurant. Property is 0.60 acre located on the east side of Harbor Boulevard, 480 feet north of the centerline of Wilken Way. To construct a new fast food restaurant with drive-through lane with waiver of a) minimum drive- through lane requirements and b) permitted encroachment into setback area. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4095 GRANTED (PC99-23) (6 yes votes, 1 absent). Approved waiver of code requirement. Approved Negative Declaration. Mayor Daly. He realizes this is a commercial zone but fast food, 24-hour-a-day uses are discretionary. He would like to be able to step through this proposal and consider the implications for the neighborhood. There is an apartment complex immediately across the street. He would like to understand the implications of adding more fast food in this stretch of the City. Mayor Daly thereupon requested a review of the Planning Commission's decision; Council Member Feldhaus concurred. Therefore, a Public Hearing will be scheduled at a later date. B6. 179: CONDITIONAL USE PERMIT NO. 4097~ AND NEGATIVE DECLARATION: OWNER: Susan Saltzburg, Trustee, Milldred Altshuler Irrevocable Trust and George Altshuler Irrevocable Trust, 18022 Medley Drive, Encino, CA 91316 AGENT: Charles A. Perez, 420 S. State College Blvd., Anaheim, CA 92806 LOCATION: 420 South State Colle.qe Boulevard - C&M Automotive. Property is 0.40 acre located at the northeast corner of State College Boulevard and Westport. To permit and retain an automotive repair facility. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4097 GRANTED, to expire 12/31/01 (PC99-24) (6 yes votes, 1 absent). Approved Negative Declaration. Mayor Daly. This was approved a few years ago with a natural gas or propane tank on site. He asked if this allowed the tank to remain or will it have to be removed. As he recalled, it was an oversight in the original approval of the operation. Greg Hastings, Zoning Division Manager. The Planning Commission did address that requiring the removal of the tank or replacement with a horizontal 500 gallon tank surrounded by landscaping. It would have to be set back 10' from the property line with landscaping between the sidewalk and the tank. The reason it is back for approval, the original CUP had expired. The applicant came back and asked for an extension but in the meantime, the Planning Commission and City Council adopted an ordinance which did not allow a retroactive time extension back as far as the expiration. Subsequently, the applicant came in and asked for a CUP to keep the business exactly the way it was originally intended. He also explained for the Mayor that the changes are all for the positive. Staff recommended and the Planning Commission adopted several changes which he briefed from the staff report. Mayor Daly's concern was relative to the tank and whether or not there is a condition that it be removed. Staff recommended removal and the Commission recommended retaining it and changing the shape; Greg Hastings. The applicant indicated he would like to keep it on the property. Mayor Daly thereupon requested a review of the Planning Commission's decision concurred in by Council Member McCracken; therefore, a Public Hearing will be set for a later date. B7. 179: CONDITIONAL USE PERMIT NO. 3195 - REQUEST FOR DETERMINATION OF SUBSTANTIAL CONFORMANCE, AND NEGATIVE DECLARATION: 14 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 23, 1999 Holly A. Sandier for LA Cellular, P.O. Box 6028, Cerritos, CA 90702-6028, requests determination of substantial conformance to include a 2-foot high base for a previously-approved telecommunications monopole antenna. Property is located at 333 West Cerritos Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3195 determined to be in substantial conformance. Negative Declaration previously approved. REPORT AND RECOMMENDATION ITEMS: B8. 179: CONDITIONAL USE PERMIT NO. 4010 - REQUEST FOR REVIEW AND APPROVAL OF FINAL PLANS, AND NEGATIVE DECLARATION: CCA Associates, 1535 Monrovia Avenue, Newport Beach, CA 92663, request for review and approval of final landscaping, lighting, signage, building wall, paint color, fencing and gate plans for a previously-approved self-storage facility. Property is located at 1505 South State College Boulevard. ACTION TAKEN BY THE PLANNING COMMISSION: Approved final plans for CUP NO. 4010. Negative Declaration previously approved. Mayor Daly. He feels his only alternative is to ask for a hearing on this matter. He believes the ultimate approval was for a 20-year project. He continues to believe they should continue to preserve those areas for other uses. He thereupon requested a review of this item in which Council Member Feldhaus concurred. Greg Hastings, Zoning Division Manager. He interjected stating that the only reason the item is on the agenda tonight is for a review of the final plans under the approved CUP. The time to set the matter for a Public Hearing has expired. The action the Council could take would be to review the plans as submitted and either approve or deny those plans but not to reconsider the CUP already granted. Mayor Daly. He had concerns when the pr. oject was originally submitted because he thought the corridor from the Pond/Arena over to Disneyland should be preserved as open space and they should try to create a greenbelt rather than allowing self-storage units. They should incorporate that into the City's long-term planning. He is suggesting that they not support the project. He continues to oppose allowing construction in the Edison right of way. He asked if they had the option to continue this item. City Attorney White answered yes. Since this was not a Public Hearing item at the Planning Commission level, the Council could continue the item for a decision on the final plans if they wish to do so. MOTION. Mayor Daly moved to continue Item B8. for one week. Council Member Feldhaus seconded the motion. Before action was taken, additional extensive discussion followed wherein the Mayor again expressed his concerns relative to the project and what he feels are the long-term impacts of such a project in this particular corridor (also see minutes of July 21, August 11 and September 1, 1998 where detailed discussions took place); Council Member Feldhaus stated he shared the Mayor's sentiments but wanted to know what would be accomplished by a one-week continuance since the project is in the final process. Mayor Daly. He would like to see the project held up for a while so they can have a discussion about the City's rights of way. He feels the project should be denied, but an alternative is to hold off a week. He 15 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY, 237 1999 reiterated, he would like to know what is happening on other Edison rights of way in the City. He wants the Council to have the full range of choices in front of it regarding the use of these properties. Council Member Tait. He does not have a problem if the Mayor wants to continue the matter to look at the plans; however, it has been approved and just to delay the project does not make sense to him. Council Member McCracken. She referred to item Bll. which refers to this project as well. The developer asked for waivers on construction of walls along the arterial highway. They are now seeing some changes in the plan and perhaps there is an issue. Mayor Daly. He would like to work with the staff to lay out for the Council what alternatives may be available and if there are better alternatives for using the rights of way, they need to know those as well. Council Member Kring. She does not have a problem continuing this for a week but she asked if they have the option of changing the approval of the CUP. The item tonight is approval of the final plans for landscaping, lighting, signage, etc. That is the only item under review and that is the item that has been continued. Mayor Daly. Relative to Bl1., this illustrates why he is concerned about protecting these rights of way from the dominoe effect of piecemeal development. The choices are to approve it, continue it or to set if for a hearing. City Attorney White. The appeal period ends March 5, 1999. The Council could continue it or set it for a Public Hearing or let it go unless appealed. Joel Fick. This is an item that the applicant at the hearing did discuss and mention because of the placement of the towers where they could actually locate the fence would require an Administrative Adjustment. He believes there was a condition of approval that the applicant would be applying for an Administrative Adjustment and that is the process they went through. He also clarified for Council Member Tait that the project was approved in September of 1998, a 20-year approval(the Mayor added he believes it was on a 3-2 vote). He then explained on further questioning, that the applicant at the time presented drawings and made some revisions they presented since the Council had continued the matter. What they found was that the wall would be set back between one and five feet but they also had a drawing to show there would be an additional 12' of landscaping because there was a critical intersection requirement that Public Works had imposed. The discussion at the Council Meeting was that their revised plan would require an Administrative Adjustment for the wall height because it would be located within the setback area. After further discussion, the City Attorney explained for the Mayor that they also had the option of continuing the Administrative Adjustment (Item Bl1.) for one week because the appeal period would not expire until March 5, 1999. The Council could continue it and decide whether to set the matter for a hearing after considering the final plans under item B9. Council Member Kring. She would like to combine both items, B8. and B11. when the issue is discussed next week. MOTION. Mayor Daly moved to continue item B11. for one week. Council Member McCracken seconded the motion. MOTION CARRIED. B9. 134: ENVIRONMENTAL IMPACT REPORT NO. 322 CONDITIONAL USE PERMIT NO. 4034 - REQUEST FOR REVIEW AND APPROVAL OF FINAL PLANS: Bumett Development Corporation, 200 East Baker Street, Suite 100, Costa Mesa, CA 92780, request for review and approval of final building elevations (including colors and materials) and sign program. Property is located at 1500 South Douglass Road. 16 ANAHEIM, CALIFORNIA r CITY COUNCIL MINUTES, FEBRUARY 23, 1999 ACTION TAKEN BY THE PLANNING COMMISSION: Approved final plans for CUP NO. 4034. EIR NO. 322 previously certified. Mayor Daly. He asked if staff was comfortable with the quality of design and 31ans. This is the last opportunity for the Council to review the design details of the office buildings. Joel Fick, Planning Director. Staff is very comfortable with the design. The only ~ssues are the design of the first office building on the site. The council will see the designs of the others. The parking structure itself will be totally hidden from public view. Even the parking structure will be concrete block and a combination of smooth faced and texture faced panels colored beige or brown and complement the colors of the office building. It has the colors and is compatible with the Arena structure. Staff has copies of the site plan if the Council would like to see it. It is similar to the one they saw when it was originally approved. It is very attractive and the project owners have worked very closely with the people at the Pond/Arena to make sure of all the compatibility issues. He then answered additional questions posed by the Mayor regarding specifics of the plan including signage, the use of corporate Iogos, etc. Joel Fick. He stated in order to give the Council a 100% concrete answer (on the signs), he would like to review the entire sign package and respond back later in the meeting. Later in the meeting, Mr. Fick asked that the item be carried over one week. Staff will then have the opportunity to put together a supplemental report to address the questions that have come up tonight. MOTION. Mayor Daly moved to continue Item B9 for one week. Council Member Kring seconded the motion. MOTION CARRIED. END OF THE PLANNNING COMMISSION ITEMS FROM 211199. ORDINANCE FOR INTRODUCTION: B10. ORDINANCE NO. 5671 (INTRODUCTION) Amending Title 18 to rezone property under Reclassification No. 98-99-06 located at 1652 West Lincoln Avenue from the CH zone to the CL zone. Mayor Daly offered Ordinance No. 5671 for'first reading. ORDINANCE NO. 5671 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 98-99-06 LOCATED AT 1652 WEST LINCOLN AVENUE FROM THE CH ZONE TO THE CL ZONE. Bll. ITEM Bll FROM THE ZONING ADMINSTRATOR MEETING OF FEBRUARY 11~ 1999 - DECISION DATE: FEBRUARY 18~ 1999 INFORMATION ONLY-APPEAL PERIOD ENDS MARCH 5~ 1999: ADMINISTRATIVE ADJUSTMENT NO. 151 CEQA EXEMPT {SECTION 15061 (B) (3)}: OWNER: SOUTHERN CALIFORNIA EDISON, A CORPORATION, 100 N. Long Beach Boulevard, #1004, Long Beach, CA 90802 AGENT: CCAASSOCIATES, INC., Attn: Barry Adams, 15335 Monrovia Avenue, New Port Beach, CA 92663 LOCATION: 1505 South State College Boulevard. Property is approximately 9.53 acres located At the southwest corner of State College Boulevard and Cerritos Avenue. Waiver of maximum fence height to construct an eight foot high concrete block wall adjacent to a major arterial highway. ACTION TAKEN BY THE ZONING ADMINISTRATOR: 17 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 23, 1999 Approved Administrative Adjustment No. 151 (7_4, DECISION NO. 99-X). See discussion regarding this item under Item B8. Both items involve the same project. At the conclusion of discussion (Item B8. & B11.) this item was, by motion, continued one week. END OF THE ZONING ADMINISTRATOR ITEMS. DI. 176: PUBLIC HEARING - ABANDONMENT NO. 98-17A: In accordance with application filed by Jackson-Shaw/Anaheim Limited Partnership, 4890 Alpha Road, Suite 100, Dallas, TX 75244, a Public Hearing was held on the proposed abandonment of a certain easement for 225 W. Carl Karcher Way, reserving unto the City of Anaheim easement for public utility purposes, pursuant to Resolution 99R-13 duly published in the North Orange County News and notices thereof posted in accordance with law. At their meeting held January 26, 1999, Item A4, the Anaheim City Council adopted Resolution No. 99R-13 declaring its intention to vacate certain public streets, highways, and service easements, and to consider abandoning certain easements for electrical purposes located on and across that property located at the northwest corner of the intersection of Lemon Street and Carl Karcher Way (formerly Romneya Drive) - 225 W. Carl Karcher Way (ABANDONMENT NO. 98- 17A). PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News: February 4, 1999 Mailing to property owners within 300 feet: January 29, 1999 Posting of property: February 4, 1999 Natalie Meeks, She clarified this is for the abandonment of electrical easements no longer required. Mayor Daly opened the Public Hearing and asked to hear from anyone who wished to speak; there being no response, he closed the Public Hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Mayor Daly seconded by Council Member Kring, the City Council determined that the proposed activity fall within the definition of Section 3.01 Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, Categorically Exempt from the requirements to file an EIR. MOTION CARRIED. Mayor Daly offered Resolution No. 99R-32 for adoption, approving Abandonment No. 98-17A. Refer to Resolution Book. RESOLUTION NO. 99R-32: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS (ABANDONMENT NO. 98-'1 Roll Call Vote on Resolution No. 99R-32, for adoption: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 99R-32, duly passed and adopted. 18 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 23, 1999 D2. 179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 4082 AND ENVIRONMENTAL IMPACT REPORT NO. 319: OWNER: The Home Depot, Attn: Dan Campbell, 3800 W. Chapman Ave., Orange, CA 92868 LOCATION: 800 North Brookhurst Street - Home Depot. Property is 9.45 acres located at the northeast corner of Gramercy Avenue and Brookhurst Street. To construct a 60-foot high freestanding pylon sign with waivers of (a) maximum area of signs, (b) permitted location of freestanding signs, (c) maximum height of freestanding signs and (d) maximum sign width. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4082 DENIED (PC98-203) (6 yes votes, 1 absent). Waiver of code requirement DENIED. Approved previously certified EIR NO. 319. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News: February 11, 1999 Mailing to property owners within 300 feet: February 11, 1999 Posting of property: February 12, 1999 City Clerk Sohl. The Council received a request this date from the applicant to continue the Public Hearing. No specific date was mentioned but a telephone call from the Planning Department has determined they wish it to be continued to March 16, 1999. Council Member Tait. He is declaring a conflict on this item. His engineering firm has done some work for Home Depot, not at this site, but at another site in the past year. He will be abstaining from any discussion or decision on this matter. MOTION. Council Member Kring moved to continue the subject Public Hearing to March 16, 1999 as requested by the applicant. Council Member McCracken seconded the motion. Council Member Tait abstained. MOTION CARRIED. D3. REHEARING - CONDITIONAL USE PERMIT NO. 4064T AND NEGATIVE DECLARATION: OWNER: Walter Friedman Trustee, WRBL Trust, 9 Goodyear, Irvine, CA 92618 AGENT: Eller Media, Attn: S. I. Castillo, 1550 W. Washington Boulevard, Los Angeles, CA 90007 LOCATION: 1107 North Brookhurst Street - Guerrero Auto Repair. Property is a 0.25 acre located at the northwest corner of Brookhurst Street and La Palma Avenue. To permit the construction of two (2) 36-foot high, 300 square-foot billboards. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4064 DENIED (PC98-178) (6 yes votes, 1 absent). Denied Negative Declaration. Informational item at the meeting of December 1, 1998, Item B3. Letter of appeal submitted by the owner, Walter Friedman At a public hearing held December 15, 1998, Item D4, the Anaheim City Council Denied CUP NO. 4064 (Resolution No. 98R-268). At the meeting of January 26, 1999, Item B9, the Anaheim City Council GRANTED the request to rehear this project. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News: February 11, 1999 Mailing to property owners within 300 feet: February 11, 1999 Posting of property: February 12, 1999 19 ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES FEBRUARY 23, 1999 Greg Hastings, Zoning Division Manager briefed the historical background on this matter as well as briefing portions of the staff report dated November 9, 1998. He also reported, according to a letter received from Caltrans dated November 3, 1998, the property owner was compensated for the land, site improvements, and the value of the two outdoor advertising sign sites. Since the last Council hearing, staff received a second letter dated February 18, 1999 from John C. Brown III, Sr. R/W Agent/Appraisals, Caltrans (made a part of the record) which clarified that, although the signed contract does not specifically mention the two outdoor advertising sites, that sign sites are part of the land value and not usually specifically called out with other improvements being acquired. The letter further indicates it was the State's intent to compensate for the sign sites. Caltrans further reiterated to Community Development staff that the property owner was properly compensated for the two billboards. Council may also hear from the property owner tonight that a February 22, 1995 letter sent by a staff member to the property owner indicated that the billboards could be reconstructed on the property by right. The letter does not address the billboards at all but instead addresses a grandfathering of what is left on the property after the taking occurs (also see minutes of the Council Meeting of December 15, 1998 where the issue was discussed and input received at a Public Hearing). The issue before the Council tonight is whether the CUP should be approved to allow two new billboards to be constructed. Planning, Community Development staff and the Planning Commission have recommended denial because it will create a detrimental aesthetic effect on the street scape enhancement and Redevelopment efforts currently under way in the Brookhurst Corridor. The Council has also previously denied the request. Staff is available to answer questions. For the record, the Council's written information includes a response from Selma Mann of the City Attorney's Office that they spoke with John Brown III of Caltrans. Mr. Brown confirmed that Mr. Friedman was compensated for the value of the signs. He would also like Rob ZurSchmiede to provide the Council with first-hand testimony regarding his conversation with a Caltrans representative. In concluding, upon further questioning, he read letter dated February 18, 1999 into the record (see letter- made a part of the record). Joel Fick, Planning Director. For the record, he also read the first letter from John Brown III from Caltrans dated November 3, 1998 addressed to Selma Mann (previously made a part of the record) which pointed out, "The components of the compensation consist of payment for land, T.C.E., site improvements and the value of two outdoor advertising sign sites." Rob Zur Schmiede, Redevelopment and Property Services Manager. To clarify a question posed by Council Member Feldhaus, he explained that he spoke to Mr. Brown after the November 3, 1998 letter had been sent to the Planning Commission who explained in the State's offer to Mr. Friedman, the signs were specified as being acquired. In their internal process in preparing a right-of-way acquisition agreement, they do not always specify in the purchase and sale agreement each and every item contained in their offer of purchase. Mr. Brown confirmed that the State's compensation to Mr. Friedman did include compensation for the billboards. Mayor Daly opened the Public Hearing. Steve Sheldon. He feels the new information highlights that Mr. Friedman was not paid for the billboards at the subject site by Caltrans. That is one of the main issues. Another issue is that Mr. Friedman relied upon comments in the letter from City Planning staff regarding the reinstallation of his billboards after the partial taking from Caltrans. Before continuing, he gave a brief history of the project. The Caltrans internal appraisal was very Iow. In working with Caltrans, Mr. Friedman went to Anaheim and spoke to a City Planner saying he would like to use his property as is. There was only one significant land use on that property that was legal non-conforming and that was the billboards. It could have only been referring to one business activity which was the billboards. It is the only as-is activity he could have referred to in that letter. A letter was sent back from the City which he believed stated that he could reinstall his billboards. The best document to rely upon is the actual agreement as to whether or not he has been paid. He questioned how they could forget to put the billboards in the agreement. The agreement does itemize other things - the amount of money paid for the pole sign, the gas tank, etc., but not the billboards. He wrote a letter to the City and had only one non-conforming use and that was the billboards. He went the extra mile to try to protect himself. He also disagrees this was a new billboard application. It is not; it is a 2O ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 23, 1999 reinstallation of a business. It is the fair and ethical thing to do for Mr. Friedman, who has been a victim of the whole Caltrans taking. It all started with the widening of the I-5. Mayor Daly asked if anyone else wished to speak either in favor or in opposition; there was no response. Council questions and discussion followed. Council Member Kring noted a February 3, 1998 letter that states Mr. Friedman was fully compensated for the billboards. Recently a letter was received from Mr. Friedman stating he was going to be receiving a letter from Caltrans rescinding that he had been compensated. After additional discussion/input, she (Kring) asked the City Attorney's interpretation. City Attorney White. He does not think there is any dispute but what the agreement itself does not mention the billboards. Mr. Brown in his letter of February 18, 1999 indicates that; it is not specifically called out in the agreement. He believes what is happening is that the City Council is being placed in a position to use its zoning power to resolve a dispute that exists between Mr. Friedman and Caltrans. Caltrans is not present nor probably should they be. What he is hearing, there is an issue whether or not Mr. Friedman was adequately compensated by Caltrans for the loss of the two billboards. That is between Caltrans and Mr. Friedman. The zoning decision the Council has before it tonight which is the same as previously (see minutes of December 15, 1998) is whether or not the criteria in the zoning code are satisfied to warrant granting this permit tonight. Other issues such as the compensation, he does not think the Council is in a position to ajudicate. Whether or not there was adequate or inadequate compensation paid or what each thought at the time, may all be legitimate issues. Mr. Friedman may well have an issue in that regard but not one that can be solved through the use of the City's zoning power. After further discussion, questioning, and input by staff, Mr. Sheldon in his summation stated he believes Mr. White would be correct that this is an issue between Caltrans and Mr. Friedman except Mr. Friedman talked to the City Planner (Magid Ahmadi). He wrote a letter and received a letter back. He (Friedman) relied on those letters and conversations in his negotiations with Caltrans. There are comments in the Caltrans minutes of talking to Mr. Friedman and that he was going to go back to the City and talk to them about what he could put back on his land. If Mr. Friedman had never spoken to the City, had never written a letter to the City or received a letter back, Mr. White would be correct but he relied on the information he got from the City in his negotiations with Caltrans to secure his position as to what he could or could not do with his property. Joel Fick, Planning Director. Before the hearing is closed, he would like to address one last point. It is important to go back to the letters themselves to see what was said. In similar fashion, the applicant mentions there is no reference to billboards in the Caltrans letter. There is also no reference to billboards in either the applicant's letter to the Planning staff nor in Planning staff's response. In particular, he would say the letter from the applicant says, "1 would not have to make any changes to the land". He would preface his comments by saying very frequently, staff receives comments and questions from people up and down the freeway. He disagrees with the applicant's comment that the only possibility could be billboards on the site that could be nonconforming. They get questions all the time asking if landscaping is non-conforming, parking non-conforming, etc., or can the use of the property still remain. The letter submitted to staff says, "1 would not have to make any changes to the land or building at 1107 N. Brookhurst..." As stated by staff at the prior Public Hearing, the actual buildin~t permits for the billboards are not listed at 1107 N. Brookhurst. He then read portions of the applicable letters to emphasize his point noting that neither letter addresses or makes any reference to any billboard. Mayor Daly closed the Public Hearing. Council Member Tait. On that point (the letters), he would say that staff did not mislead the applicant. The applicant wrote a general question to staff and staff responded with a general answer. If Mr. Friedman was concerned about putting the billboards back up, he would have asked that specifically stating billboards. He asked a general question and got a general answer. According to the City Attorney, this is legally irrelevant and an issue between Mr. Friedman and Caltrans. This was already voted down. It is a land-use issue. He voted against it initially and then voted to allow the rehearing because the request 21 ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 23, 1999 states there was new information and the applicant wanted to have a chance to respond to statements made. He has heard nothing new, certainly not in regard to the land-use issue. He will vote as he did before (to deny); Mayor Daly stated he would be doing the same. ENVIROMENTAL IMPACT REPORT - NEGATIVE DECLARATION - DENIED: On motion by Mayor Daly seconded by Council Member McCracken, the City Council Denied the negative declaration upon finding that is 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 substantial evidence that the project will have a significant effect of the environment. MOTION CARRIED. Mayor Daly offered Resolution No. 99R-33 for adoption, denying Conditional Use Permit No. 4064. Refer to Resolution Book. RESOLUTION NO. 99R-33: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 4064. Roll Call Vote on Resolution No. 99R-33~ for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 99R-33, duly passed and adopted. C1. 142: DISCUSSION - FORMATION OF CHARTER REVIEW COMMITTEE: Request by Mayor Daly at the meeting of December 15, 1998, Item C4, to discuss the subject of forming a Charter Review Committee for purposes of reviewing the City Charter. (Continued from the meeting of January 5, 1999, Item C2, application procedure approved at the meeting of January 12, 1999, Item Cl, and discussion continued for the meeting of January 26, 1999, Item C1 .) City Clerk Sohl. She noted she has given the Mayor and Council Members each a package that contains 17 applications of citizens who wish to serve on the Charter Review Committee. If the Council would like to direct at what meeting they wish to make appointments, she will be happy to schedule that accordingly. The City Attorney has requested that she obtain charters from various cities and she is in the process of doing so. Mayor Daly. He is going to ask for a one-week continuance. It is great that there are 17 interested citizens. A continuance will give the Council an opportunity to review the applications and in the meantime, continue to accept applications from any others who would like to apply. Council discussion followed wherein Council member Kring stated she would like at least a three-week continuance which was then changed to March 23, 1999 due to a heavy schedule at the March 16, 1999 Council Meeting; Council Member McCraCken recommended a cutoff date of March 15, 1999 for accepting applications. Mayor Daly. He would be uncomfortable with a strict cutoff date; Council Member McCracken stated they should at least recommend that (3/15/99) to give the Council an opportunity to review new applications before making their decision on March 23. MOTION. Mayor Daly moved to continue appointments to the Charter Review Committee to March 23, 1999. Council Member McCracken seconded the motion. 22 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 23, 1999 Before a vote was taken, Council Member Feldhaus asked if they made a determination that the Committee would consist of seven members; City Clerk Sohl. She answered that they did for purposes of the application process. The advertising indicated a seven-member Committee. She does not know if it was final in the Council's mind. Council Member Kring. They discussed seven and nine members and settled on seven. She would like to keep it at that number; Mayor Daly. He feels they should make that decision on March 23. A vote was then taken on the foregoing motion of continuance to March 23, 1999. MOTION CARRIED. C2. 127: DISCUSSION - CONSIDERATION OF RESCINDING CITY'S CAMPAIGN REFORM ORDINANCE: Discussion requested by Council Member McCracken at the meeting of January 12, 1998 (see minutes that date), Item C4., to consider the adoption of an ordinance rescinding the current Campaign Reform Ordinance. (Continued from the meeting of January 16, 1999 to this date). City Attorney White. He is requesting a three-week continuance of this item to finalize the drafting of the various options on the issue. MOTION. Council Member McCracken moved to continue this item for three weeks to March 16, 1999. Council Member Feldhaus seconded the motion. MOTION CARRIED. C3. REPORT ON CLOSED SESSION ACTIONS: City Attorney Jack White stated there were no Closed Session items to report. C4. 114: COUNCIL COMMENTS: Council Member McCracken. She wants to reiterate the Mayor's expression of sympathy to John Karczynski, Chairman of the Anaheim Redevelopment and Housing Commission on the passing of his grandfather, Walter Karczynski, who lived in Anaheim for over 40 years and has been in the care of John in recent years. Their sympathy to John and his family is well directed. Both Mayor Daly and Council Member Kring thanked staff for the action taken on their separate requests for adjusting timing of certain traffic signals. ADJOURNMENT: On motion by Mayor Daly seconded by Co. Member McCracken, the Council Meeting of February 23, 1999 was adjourned to 2:00 P. M., Friday, February 26, 1999, Administrative Conference Room, Second Floor, Anaheim Convention Center, 300 West Katella Avenue, Anaheim for the purpose of a Closed Session - Public Employee Performance Evaluation - City Manager (Mid-year review and goal LEONORA N. SOHL CITY CLERK 23