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2002/07/23 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING JULY 23, 2002 The City Council of the City of Anaheim met in regular session. PRESENT: Mayor Tom Daly, Council Members: Frank Feldhaus, Lucille Kring, Tom Tait and Shirley McCracken. STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, Assistant City Clerk Cynthia Daniel-Garcia, Public Utilities General Manager Marcie Edwards, Public Utilities Business and Community Programs Manager Mariann Long and Public Utilities New Product Development Specialist Dukku Lee. A copy of the agenda for the meeting of the Anaheim City Council was posted on July 19, 2002 at the City Hall inside and outside bulletin boards. Mayor Tom Daly called the regular meeting to order at 2:16 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. WORKSHOP: Public Benefits Workshop City Manager David Morgan introduced Public Utilities General Manager, Marcie Edwards, who presented the Public Benefits Workshop. She noted that an excerpt from Assembly Bill 1890 was included in the Council packet and it defined Utilities' requirement to establish a charge, not to be passed on, to fund the series of public benefit programs. In January 2002, Council rebated that charge to the public and Utilities took the 2.85 percent required expenditures out of the operating expenses and there was no rate increase to be able to fund the mandate, she said. The amount of dollars that were expended, according to legislation, were based on the lowest percentage of net operating income on the part of the three investor-owned utilities, she informed, and Edison was the lowest. The City had to use Edison's percentage, which equated to 2.85 percent and was between $6 and $7 million of expenditures that were required of the City in certain categories. She noted that the program had begun in 1998 and was recently extended by legislation to 2012. General Manager Edwards presented an overview of the categories outlined in Assembly Bill 1890. She said that all of the City's programs were required to fall under one of the categories, which were energy efficiency, income qualified, renewable energy programs and research, development and demonstration. In response to Council Member McCracken about categories, Manager Edwards said everything could fit into one category and the downside was that there was a focus on legislation to extract a particular category and establish a specific mandate. She used renewables as an example and said that there were a number of coalitions that felt that people had not made sufficient investment and they had gone to their legislators and asked for a mandate. Manager Edwards noted that one of the concerns she had was the 20 percent renewable portfolio standard. There was a minimum standard in each category, she said, and it helped balance a sense of investment and the various customer sector that the dollars flowed back to. General Manager Edwards said that energy efficiency was a way to return the maximum dollar to the local constituent. She noted that of the $6 to $7 million that the City spent, $4 to $4.5 ..-r ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23,2002 PAGE 2 million went back to the customer in the form of rebates or energy efficiency related products and the balance was spent in the research and development area on projects granted by Council such as the Westport Generator and micro-turbine programs. In the investor-owned utility community, all of the dollars go to the California Energy Commission and the Commission decided how the money would be spent, she informed, and the problem was that a significant amount was used up in arbitrary administrative-related fees and it went into programs that did not necessarily have the desired results. The ability to have the Council control the programs was critical, she said, and she would frequently be speaking about maintaining local control issues. General Manager Edwards referred to a power point presentation, hard copy available in the City Clerk's Office. The Public Benefit Program promoted the use of advanced technologies, developed new efficient technologies that benefit local community and improved the environment. She said that the Public Benefit Program allowed the City to access certain grants and funding not otherwise available. Various sources of grants and funding were obtained from senate and assembly bills, the American Public Power Authority and South Coast Air Quality Management District and amounted to approximately $2,461,115 she said, and this was a result of how the money was invested. She spoke about the energy efficiency programs and the result of the residential programs, which included dusk to dawn lights, home utility check-ups, tree power program, efficient appliances, air duct testing and internet surveys. She noted that Anaheim School Programs, from January 1, 1998 through June 30, 2002, included the photovoltaic system being installed at Anaheim High School, elementary school education, energy audits, air-conditioning, lighting and heat pump incentives. She noted that the High School Renewable Curriculum, Harmony Garden, Sun Power for the School and the Emergency Lighting Pilot programs were forthcoming and that this was a program that would also create a mechanism for customers to donate as well to minimize the expenditures by some of the schools and they would also save on energy. Mayor Daly asked about the time table for the coverings on the lunch area project and Manager Edwards said it was at the stage where it was being brought to Council for approval so than an agreement could be implemented with the Anaheim Community Foundation to disperse funds. She said Utilities would market and seek donations within the next couple of billing cycles. Utilities would donate $20,000 and were in the midst of developing a criteria for elected schools and it would be on a first come, first serve basis, she informed, and it would depend on who could meet the criteria. Private contributions for the covered lunch areas would be sought, she added, and to the extent that photovoltaic systems could be placed in the schools, it counted towards the renewable contribution in terms of some of the legislation and that it was mutual. She added that Utilities hoped to do one or two schools per year and it depended on if the program was marketed successfully. Mayor Daly said he was supportive of the program and was uncomfortable asking for donations on one particular school, in light of the school bond approval by the voters. He asked for other opportunities to talk about this item. Manager Edwards stated that it was on the Council agenda this date and she pointed out that she had to place photovoltaic systems somewhere and they had been placed at fire stations, already for use in car shelters since she needed to meet the renewable requirement. Sun Power for the schools was coupled with Rain Power for the Grid, she said. She spoke about green power and said it was patterned after the green power chargers that were in Burbank and Los Angeles and other major municipalities and she offered to bring back additional information to Council. Manager Edwards noted that she had tried to find a method where the people who wanted green power would have an opportunity to pick up some of the associated costs. She said she had customers that had requested the Utility to .~r ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23,2002 PAGE 3 offer the ability to purchase green power or support renewables and on a national average, only one to two percent of the population participated in green power programs. Council Member Kring asked how much it would cost for each school. Manager Edwards responded that including the photovoltaic installation in the lunch shelter, roughly $100,000 and $50,000 was the photovoltaics; $20,000 was expected to come from the schools since they had bond money and $20,000 would come from the Utility and it was expected that approximately $60,000 would come from the Sun Power for Schools Program. Council Member Kring asked if Utilities could go out to large companies to look for sponsorships and Manager Edwards said that she had planned on that and there was a lot of interest in the business community in donating to the program. In response to Council Member Kring, Business and Community Programs Manager, Mariann Long said that the level on income-qualified programs was 80 percent of Orange County median and was the standard for income-qualified. Manager Edwards spoke about Income-Qualified Programs and Renewable Energy Programs. She said that there were buy-down programs where Utilities picked up a level of the investment on installation of the residential solar program. Under the Research, Development and Demonstration program, she said that there was a request for a micro turbine project which provided multiple benefits, such as an avenue of investment into the Assembly Bill 1890 category but was intended, under periods of supply restrictions or shortage conditions, to move all of fleet maintenance over onto the micro turbines and keep a facility up and running. It provided a period of back up power as well as dispatchable generation that could be sold back in the grid and it allowed the field-testing of that technology. The Westport Generator project was a pilot that was being done in connection with the Convention Center and a typical diesel generator was shifted over onto a gas fuel and it was a transformation type of technology and showed where research, development and demonstration dollars went. Council Member Tait asked if Utilities had switched from diesel to natural gas and Manager Edwards said yes, Utilities had done that for the emergency generator. Council Member Tait said that he was concerned that if there were an earthquake, the natural gas lines would break and he asked if Utilities still had emergency generation for the facilities. Dukku Lee, Utilities New Product Development Specialist, said that in terms of the diesel, there would be a small diesel generator at the Convention Center where the emergency loads could be picked up. The generator would supply supplemental emergency power and more of the facility could be on back-up power, he said, and it was the same as the Police Department. Manager Edwards stated that there were on-going constraints and mandates from the Air Quality Management District in terms of participation on electric vehicles. There were a number of upcoming programs such as energy park/energy green space which was a way to install renewables to have credit for that, in conjunction with the Council desire to include greater amounts of green space or parkland. It would be turned into a green space and there would be solar collectors along the side and be a playfield and was located close to the Hermosa Village installation, she noted. There was a customer segment that would like to be able to pay for their power in advance and not have bills coming in, she said, and Utilities was piloting the prepaid program. -r ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23,2002 PAGE 4 Manager Edwards mentioned some of the upcoming programs such as Segway People Transporters, Small/Medium Business Program, Fire Station PV Carports, Torchiere Lamp Exchange, Harmony Garden and Community Shade Program. She noted that with regard to the parkway trees, Utilities had determined that there was a three-year waiting list. Business and Community Programs Manager, Mariann Long, had worked very hard to justify the expansion of the use of public benefits dollars into the parkway trees. Manager Edwards said that Utilities was able to enter enough money into the program to completely wipe out a three- year waiting list for Anaheim customers. She said she believed that Utilities could justify the rehabilitation of the medians and landscaping which could allow for the use of public benefit dollars. Council Member Tait asked who would challenge the programs and Manager Edwards said that there was bill in place that all public benefits money for public utilities had to go to the California Energy Commission because they believed that cities had not been using money in the appropriate categories. There were not direct sanctions in the legislation but there were requirements for audit by external groups, she explained. For example, the Natural Resource Defense Council had come in and looked at the Utility's expenditures and categories and she did not want the California Energy Commission deciding how Public Utilities would use the $7 million as opposed to Council. Council Member Kring asked what types of trees were planted in the parkways and Business and Community Programs Manager, Mariann Long, stated that they were all shade and deciduous trees. Council Member Kring asked that magnolia trees not be planted since they were very dirty and Ms. Long said that the list of trees used was the same as the tree power program. Council Member Kring asked if there was any thought to doing community gardens for the residents in high density areas, setting aside pieces of land that they could plant vegetable gardens and Manager Edwards said that she would, if she could, put a solar cell on it and have solar-controlled irrigation and tie it back into the grid. Council Member Kring noted that some of the Edison right of way areas could be used and Manager Edwards said that the energy park being built was, in part, using an Edison right of way and the potential did exist. Mayor Daly agreed with Council Member Kring and said that the Edison right of ways were a good location for a community garden project. Manager Edwards said that the City had been in discussion with Edison and was focused on creating greater green space and trail options on the use of the Edison right of ways. Mayor Daly asked about the energy park adjacent to Hermosa Village and Manager Edwards said that it was approximately three acres and was a play field with photovoltaic panels in the surrounding areas to produce energy into the grid. There would be shelters for picnic areas and an array of panels and educational kiosk to teach the public on how photovoltaics were integrated into the park. The use of it would be for a play field, she said, and would have a path that would be a quarter-mile and would be open during the day and there would be security lights during the night that were generated by photovoltaics. She said that this would be on the Edison right of way and would be coming forth for approval. The original intent was to find a way to use public benefits dollars to further the Council's agenda to increase green space in the City, she noted. Parks Department had hired a green space designer and had come back with -r -,. , ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23,2002 PAGE 5 a number of options and the Utilities Department was funding it and needed to have generating equipment to facilitate the project, she informed. It would be maintained by the Parks Department, she said, and it would come forth to Council in approximately six months and was predicated on how long it took Edison to view the plans. City Manager Morgan offered to provide a draft version of what the green space would look like and Mayor Daly said he would like to see the design concept. Manager Edwards noted that there was some building-integrated, photovoltaic materials that Utilities would lobby to have any gymnasium or facility built with any of that technology since that would substantially augment Utilities' ability to help fund. She added that those were not like the technologies of the past and no one could tell that the photovaltaics were integrated into the actual building materials. Council Member Tait asked if thought had been given to doing real-time metering and Manager Edwards said that she currently had three different pilots going on. One was converting the commercial-industrial section over first and Utilities had between 400 to 500 meters converted into varying automated metering with time of use and pricing, she noted, and real-time pricing would be a challenge for the agency since Utilities had made a lot of investment and real-time was a cumulative total of 20-hours over an entire year that people were exposed and then they would have downside risk which the customer would not appreciate. She said that testing the technology of retrofitting meters and installing new meters, there was a satellite program for transferring the information that Utilities was piloting. She said she did not get too far ahead because if the software or hardware was legislatively mandated, she did not want to be $4 or $5 million in another technology. Council Member Kring asked if Utilities had any plans to have double rebates in the future for energy efficient appliances and Manager Edwards said it was not a dollar for dollar time frame. People were saving energy at 3:00 A.M., she explained, and they were impacting a base load portfolio and impacting Utilities revenue to be able to re-sell the energy that had been freed-up and offset the loss. She added that the single rebates were still available and should circumstances warrant a more rapid reduction, Utilities may re-implement the program. ADDITIONS/DELETIONS TO CLOSED SESSION: None. PUBLIC COMMENTS - CLOSED SESSION ITEMS: None. Mayor Daly moved to recess to Closed Session, seconded by Council Member McCracken. Motion carried. The Council recessed to Closed Session at 3:00 P.M. CITY COUNCIL 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 LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: City of Yorba Linda v. City of Anaheim, Orange County Superior Court Case No. 01 CC09320. -r ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23, 2002 PAGE 6 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: In re: Ogden New York Services, Inc. et aI., U.S. Bankruptcy Court No. 02-40846-cb (SDNY). 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: South Coast Cab Co. v. City of Anaheim, Orange County Superior Court Case No. 80-03-59. 5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Craun v. City of Anaheim, Orange County Superior Court Case No. 01 CC 13594. 6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Guadarrama v. City of Anaheim, U.S. District Court Case No. SA CV 01-965 GL T (MLGx). 7. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code) Number of potential cases: two 8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: 2200 E. Katella Avenue, Anaheim, California Agency negotiators: Greg Smith Negotiating parties: SMG, a partnership and the City of Anaheim Under negotiation: Price and terms ANAHEIM REDEVELOPMENT AGENCY 9. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: 1441 South Anaheim Boulevard, Anaheim, California Agency negotiators: Joel Fick, Elisa Stipkovich Negotiating parties: Anaheim Redevelopment Agency and Ponderosa Investments Under negotiation: Price and terms AFTER RECESS: Mayor Daly called the regular Council meeting of July 23,2002 to order at 5:23 P.M. and welcomed those in attendance. STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, City Clerk Sheryll Schroeder, Executive Director of Planning and Community Development Joel Fick, Executive Director of Convention/Sports and Entertainment Greg Smith and Executive Director of Community Development Elisa Stipkovich. INVOCATION: Pastor Robb Ring, East Anaheim Christian Church FLAG SALUTE: Council Member Lucille Kring --.. 'r -. .....~ --..-.-- .~-- , ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23, 2002 PAGE 7 119 PROCLAMATIONS AND DECLARATIONS: A presentation recognizing the Campus Beautiful Contest winners and a proclamation recognizing August 4, 2002, as National Kids Day. Recognitions to be presented at a later date were a declaration recognizing John James, International Order of DeMolay, Walt Disney Chapter; a proclamation recognizing July 30, 2002, as Diversity Employment Day; certificates of recognition recognizing Michael Adams, Michael Coelho, Frank Cozza, Linda Newby, Larry Slagle, Sheila Harel and Bruce Solari for their service on the Anaheim Chamber of Commerce Board of Directors and certificates of recognition recognizing Western Medical Center on being named a member of Tenet California's Circle of Excellence for 2002. At 5:35 P.M., Mayor Daly recessed the City Council meeting until after the Redevelopment Agency meeting. Mayor Daly reconvened the City Council meeting at 5:40 P.M. ADDITIONSIDELETIONS TO THE AGENDA: None PUBLIC COMMENTS: James Robert Reade said he believed that the City refused to promote African Americans to serve at the highest chain of command in the Police Department and that this was unjust. Jim Oragle said that he was a leader with the St. Boniface community organization and that the Church was a member of the Orange County Congregation Community Organization and that 10,000 families were represented by St. Boniface out of the 34,000 families represented in the County. He said that because of HR 1493, the law that placed an Immigration and Naturalization Services agent in the City jail, a sense of fear had developed in the Spanish speaking community towards the Police and he said that the law kept people from reporting crimes to the police and he believed that it affected the safety of all citizens in the City. Gaby Avila, a leader of the Community Organization at St. Boniface Church, reported research done in the last year. She said that interviews with more that 500 Church members were done to determine the problems important to the community and one of the problems was the Immigration and Naturalization Service agent stationed at the City jail and the impact it had on the safety of the neighborhoods. She said it led to fear of police because it appeared that they were enforcing immigration laws and people feared coming into contact with the police and let crime to go unchecked. People arrested for minor traffic violations found themselves detained or deported because of lack of identification, she noted. Her group had met with the Immigration and Naturalization Service, Police Department, Catholic Charities, Office of Assembly Gil Sedillo, Bishop James Soto and the Diocese of Orange County, and she spoke about their discussions. She said that the Council should be able to limit access of the Immigration and Naturalization Services agents and she said that her group would be submitting a proposal to Council. Elsie Myan, a leader of the Community Organization at St. Boniface Church, said that the Mexican Consulate was present to distribute identification cards and 2,000 people came for the 500 cards, 1,500 people were turned away. She said that this demonstrated the need for r -..-..---- ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23,2002 PAGE 8 immigrant residents to feel secure. She said that there was a problem in the City and the people were alienated from police because of the relationship between the police and Immigration and Naturalization Service and 64 percent of the people surveyed were less inclined to report crimes. Sixty-one percent of those surveyed said that they had been or had known of someone who had been deported because of minor traffic violations, she informed, and between 1996 and 2001, 1,328 people had been deported because of a minor traffic violation or a hit and run offense. Maria Valencia spoke Spanish and had a translator present to translate for her. She spoke about her son in law who was stopped for speeding and then detained, turned into the Immigration Agent and deported because he did not have identification with him. He was not given an opportunity to defend himself and she said that he left a two-year old daughter without a father. Maldo spoke Spanish and had a translator present to translate for him. He said in his neighborhood, there was a lot of crimes being committed and people were afraid to call the police because they would be asked for proper identification, which they did not have and they were afraid of being deported. He said he was concerned for the children because of gangs and other crime activity. Frank Delgadillo said that after researching with representatives from the Police Department, Immigration and Naturalization Service, Bishop Himesoto, Catholic Charities and other religious leaders in Orange County, a proposal had been developed to improve police and immigrant relations in the City. He said it was recommended that regular statistics be kept on the number of criminal aliens detained with prior criminal convictions since existing statistics did not specify how many of those held by the Immigration and Naturalization were a result of not having a valid identification and no statistics were kept on the number of individuals arrested for lack of identification and who had prior felony convictions on the record. Clear statistics would be helpful in contesting the belief that immigrants were being targeted unjustly, he said. A formal rent policy and commitment to equal enforcement of the law and service to the public regardless of resident status, he noted, and undocumented status was not a matter of police action. Police officers should not act individuals, suspects of criminal offenses, criminal victims or witnesses about their immigration status, he felt. A public education campaign should be conducted on the Police Department racial profiling policy, he said, and that personnel should not practice racial profiling or contact individuals for the sole purpose of determining their immigration status. The Mexican Consulate should be made more accessible to the residents of the City, he said, because many of the residents did not have them and the Consulate had open, limited hours and it was difficult to reach them by phone. Immigration and Naturalization Service actions should be limited to those individuals with prior criminal felonies and convictions, he said, and repeated offenders should be identified and deported. Criminals with no prior records should be made available to the Immigration and Naturalization Service once sent by County jail, he explained. Reina Romero, a leader of the Community Organization at St. Boniface Church, said that she hoped that Council had a better understanding of the problem and the possibilities of improving relations between the City and Latino community. She requested that Council meet with leaders of the St. Boniface Community Organization to discuss the recommendations in their proposal and the possibility of amending the City policy regarding the implementation or HR 1493 in the City jail. She said that the group requested the entire proposal be placed on the Council agenda within the next 90-days. She asked that Council take steps to resolve the problem by directing the appropriate resources within the City to work with the Mexican -r -.' ,.-,-- ..~.,.._-,.....,,~ ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23, 2002 PAGE 9 Consulate to make the Mexican National identification cards more accessible to families within the Anaheim community. The trust and cooperation between the Latino community and the Anaheim Police Department would be greatly improved, she said, and it would unite the City. Barney Carroll said that the Police Department and Immigration and Naturalization Service were doing a great job. He explained that Section 8 of the Immigration and Naturalization Act specified that harboring illegal immigrants was a felony. He said he believed that tax-exempt organizations were prohibited from political activity. Diane Rice said that the protests, demonstrations and the proposal set in front of Council was over the possible deportation of minor infringements of the law and deportation actions arise from a major infringement which was crossing the border illegally and made a person a criminal here to start with. She said that thousands of those people were pouring across the border daily and that there would never be an end to the invasion and she asked what would happen to the citizens of the United States of America whose lives were affected by Mexican gang violence. The issuance of Mexican identification cards, she said, was only to those who were here illegally. Banking privileges, she noted, with the advantage to send money out of the country more cheaply and the overcrowding of the schools and health services and demands for driver's licenses was bending over backwards for illegal aliens and it was destroying America. She said it was the United States citizen that needed help, consideration and protection. Bob Ball noted that an ordinance regarding shopping carts had been passed and he said he believed that the emphasis should be on containment of carts and not retrieval. He said that law enforcement would not issue citations for shopping cart violations because grocers refused to support them in the court. The grocers refused to stop taking carts, he said, for fear of loosing them and loosing profits and those who took the carts understood that there were no penalties enforced for the theft and they take advantage of it for their own convenience. He said he felt that the use of public funds gave the grocers a free ride for doing a bad job and they hired a retrieval service and possibly the same service as Anaheim employed. Code Enforcement had stepped up to make the streets clean and make Anaheim a beautiful city. He said he did not know how to get the State legislature to help out on that situation and as a Council, he said to exert as much pressure as possible on the State legislature. Mayor Daly said that State law had changed and could change again and Mr. Ball said that the law had changed and a three-day restriction was implemented. Mr. Ball added that the details of the new law were such that the City was unable to retrieve costs and that could be changed and one-year from now, he hoped that the Council would not approve another $48,000. Mayor Daly said that in the meantime, State law needed to be changed. Council Member Kring said that this was a nuisance and was expensive and there were barriers that could be placed out in front of grocery stores and the shopping carts would not through the barrier. She said if the grocers wanted to stop it, they could. Council Member Feldhaus said that State law pre-empted State locals from being able to effectively track down and take care of shopping carts that were in gutters curbs and laying on public right of way. It was modified to eliminate a 72-hour waiting period and the modification also stated that the person could not be charged more than $5 for the recovery of the carts, he added, and State law should be changed. -r ,"'""',..-_=._ ........0'.__0."._.......00_.'....._.... ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23,2002 PAGE 10 Mr. Ball said it was not just Anaheim, that Santa Ana was paying close to $90,000 for services as well as other cities. Council Member Feldhaus noted that in addition to the contractor that was paid by the City to assist in picking up the carts, there was a Volunteer In Pride (VIP) program through Code Enforcement that went out on weekends and picked up shopping carts. Mr. Ball said he had been asked to be a part of the Volunteer In Pride group and he said he refused to do that and he said he would let the shopping carts collect for a long time before he would subsidize the grocers and the grocers should handle the problem. Rose Hurado said she concurred and supported the St. Boniface group and their requests and she asked Council to come to an agreement with them for the community. Mayor Daly said that the Orange County Congregation of Community Organizations (OCCCO) submitted a proposal in writing and there had been meetings in the past when the leaders of OCCCO had asked for meetings. City Manager Morgan had met with Bishop Soto on the same subject. Mayor Daly suggested that the City Manager provide an analysis to Council regarding the practicality of the request by OCCCO and he said that much of the request had to do with administrative matters and separating, having different procedures based on what persons were arrested for and he asked to hear from staff on those issues. He noted that the Department of Justice had issued new regulations nationwide, because of the international situation, which would apply to every City, County and State in the United States of America and the federal government would now require that any non-citizen must notify the government within ten days of a move. He said that if someone was a non-citizen in the country, and they were living here without citizenship status, and that person moved, within ten days the federal government must be notified that they had moved. He said he believed that most people would support what the federal government was doing to make the country safer, given the international situation. He asked the City Manager to evaluate the proposals of OCCCO and report back to Council. OCCCO had asked that the item be placed on a future agenda, he said, and before any decision was made on that, Council needed to see the evaluation. Council Member Tait said that in addition to a report, the Police Chief should present, at the next meeting, what exactly the Immigration and Naturalization Service program was in the City. He said that there was a lot of misinformation that was stated about intimidation and why people would not report crimes. He said that it was an identification program instigated in the City several years ago and he asked the Police Chief to explain the entire program and the statistics regarding the drop in crime citywide since the program had been installed. City Manager Morgan pointed out that he, Mayor Daly, other Council Members and the Police Chief had met with OCCCO and he said he believed that there was a constructive relationship. A report on the current status of the program would be prepared, he informed, and staff would attempt to look at their issues and recommendations. He said that the City would look to OCCCO's leadership to understand the City's role as a municipality and what the City's responsibilities were. 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 - A55: On motion by Mayor Daly, seconded by Council Member Kring, the following items were approved in accordance -r ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23,2002 PAGE 11 with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Council Member Tait voted no on Item A21 and abstained on Item 39. Item A22 was approved as amended. Mayor Daly offered Resolutions Nos. 2002R- 159 through 2002R-170 for adoption. Motion carried unanimously. 118 A1. 128 A2. 117 156 174 105 161 A3. 169 A4. 175 A5. 175 A6. 123 A7. 123 A8. 123 A9. --._~ "........_~".- Reject certain claims filed against the City. Receive and file the Monthly Financial Analysis Report presented by the Finance Director for eleven months ended May 31,2002; the Investment Portfolio Report for June 2002; the Annual Consolidated Detail and Allocation (Expenditure) Report for fiscal year 2001/2002; the Crime and Analysis Report of June 2002; the Southern California Gas Company's Notice to Customer of Proposed Rate Increase, Application No. 02-06- 035 and Notice of Application to Increase Program Costs, Application No. 02-07-001; minutes of the Deferred Compensation Committee meetings held February 4, 2002 and April 10, 2002; and minutes of the Workforce Investment Board meeting held May 9, 2002. Award the contract to the lowest responsible bidder, Nobest, Inc., in the amount of $448,512.50, for the base bid and Alternate #2, for the West Anaheim Presidential Neighborhood and Walnut Neighborhood 2001/02 Community Development Block Grant Improvements and authorize the Finance Director to execute the escrow agreement pertaining to contract retentions. Award the contract to the lowest responsible bidder, Los Angeles Engineering, Inc., in the amount of $2,721,541.62, for the Highways and Streets Landscape Project and approve and authorize the Finance Director to execute the escrow agreement pertaining to contract retentions. Award the contract to the lowest responsible bidder, J. Thompson Electric Co., in the amount of $280,968, for the Westport Generator Project at the Anaheim Convention Center and approve and authorize the Finance Director to execute the escrow agreement pertaining to contract retentions. Award the contract to the lowest responsible bidder, Benergy, Inc., in the amount of $160,734, for micro turbine generators at Fleet Maintenance and approve and authorize the Finance Director to execute the escrow agreement pertaining to contract retentions. Approve the Administering Agency-State Agreement for Federal Aid Projects No. 12- 5055, Program Supplement No. M097, for the Nohl Ranch Street Improvement Project from Imperial Highway to Rolling Hills Place. Approve the Administering Agency-State Agreement for Federal Aid Projects No. 12- 5055, Program Supplement No. M098, for the Imperial Highway Street Improvement Project from Nohl Ranch Road to South City Limits. Approve the Administering Agency-State Agreement for Federal Aid Projects No. 12- 5055, Program Supplement No. M099, for the Orangethorpe Avenue Street Improvement Project from Kraemer Boulevard to Burlington Northern Santa Fe Railroad Right-of-way. 123 106 158 158 123 158 158 160 160 160 123 ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23, 2002 PAGE 12 A10. Approve the Administering Agency-State Agreement for Federal Aid Projects No. 12- 5055, Program Supplement No. M102, for the Dale Avenue Street Improvement Project from Lincoln Avenue to Broadway. A11. Adopt a seven-year Capital Improvement Program required by Measure M. A 12. Approve the Agreement for Acquisition of Tenant-Seller's Interest in Real Property with Dent and Paint King, aka Dent King, in the amount of $20,000, for property located at 1009 West Lincoln Avenue for the Lincoln Avenue Phase II/Street Widening Project. A 13. Approve the Agreement for Acquisition of Real Property Partial Fee Taking with Shirley Goodman, in the amount of $138,541, for property located at 1681 West Lincoln Avenue for the Lincoln Avenue/Euclid Street Intersection Improvement Project. A14. Approve the Settlement Agreement and Full Release with Ball Euclid Plaza, LLC., in the amount of $247,393.54, for the purchase of real property located at 1711 West Ball Road and 901-951 South Euclid Street. A15. RESOLUTION NO. 2002R-159 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interest therein (City Deed Nos. 10529, 10524, 10525, 10526, 10527, 10528, 10530, 10552 and 10539). A16. RESOLUTION NO. 2002R-160 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interest therein (City Deed Nos. 10536, 10537, 10538, 10531, 10533 and 10534). A17. Accept the bid of S & C Electric Co., in the amount of $37,456 (excluding tax), for one 15kV pad mount, 600 amp and a PMH-10 motor operated switch for the Public Utilities Department in accordance with Bid #6305. 160 A18. Accept the low bid of Orange Courier, Inc., in the amount of $47,790 (excluding tax), for courier service for the period of August 1, 2002 through July 31, 2003 with four one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #6312. A 19. Waive Council Policy No. 306 and issue a purchase order to Fairway Ford, in the amount of $26,875 (plus tax and fees), for the purchase of a fifteen-passenger van/clubwagon for the Anaheim Police Activities League. A20. Authorize the issuance of a change notice to Pirelli Cable Corp., c/o Field Representatives, to increase the not to exceed amount from $202,150 (excluding tax) to $775,360 (excluding tax), to purchase additional electrical cable for the Public Utilities Department. A21. Authorize the Purchasing Agent to issue a purchase order and execute an agreement with Williams Scotsman, Inc., in an amount not to exceed $232,000 (including sales tax), for the lease of three modular buildings to be used as temporary facilities at the Anaheim Hills Golf Course. or- ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23,2002 PAGE 13 Council Member Tait voted no. 105 A22. Accept the resignation of Virginia C. Spence from the Mother Colony House Advisory Board and instruct the City Clerk to post the Notice of Unscheduled Vacancy pursuant Government Code Section 54974. Council Member McCracken noted that in the letter from Virginia Spence she stated that she had difficulty serving and she was still willing to finish the term until December 31,2002. Council Member McCracken moved to accept the resignation of Ms. Spence as of her letter dated April 10, 2002, and instruct the City Clerk to post a notice of the vacancy, seconded by Mayor Daly. Motion carried unanimously. 175 A23. 123 A24. 123 A25. 185 A26. 123 A27. Appropriate $152,500 from the General Fund/800 MHz Reserve to the Utilities Department to fund infrastructure expenses associated with interim classroom/training facilities. Authorize the City Manager to execute an agreement with The Walt Disney Company increasing the parking fee to $8.00 for all Convention Center guests directed to park in the Shared Use Parking Facility and grant the City Manager authority to approve future parking proposed rate fees at the Shared Use Parking Facility. Approve the Professional Service Agreement with Don Andersen, in the amount of $3,500 per month, for a period of six months, for professional services related to the sale of cash sponsorships at the Anaheim Convention Center. Determine on the basis of the evidence submitted by The Irvine Company, that the property owner has complied in good faith with the terms and conditions of Development Agreement No. 91-01 for the 2001-2002 review period. Approve agreements with Scott Fazekas & Associates, Berryman & Henigar, Inc. and Charles Abbott Associates, Inc., in an amount not to exceed $100,000 each annually, for plan checking and inspection services. Mayor Daly asked about the terms of the agreements and Executive Director of Planning and Community Development, Joel Fick, said that the agreements were renewable for this fiscal year, based on both budget and performance from the consultants. Mayor Daly asked if they were renewable until the City decided to terminate and Director Fick said that they were and that this was an example of staff bringing this back to Council and going back out to bid to get the best prices and services available for the residents. Mayor Daly asked if there would be no other burden on the City if the City chose not to renew and the contract would cease. Director Fick said that was correct and that in addition, he pointed out that there were termination clauses. Mayor Daly noted that after reviewing the contracts in some circumstances, it appeared that money might be owed if the contract was terminated early. Council Member Feldhaus said that the contracts were predicated on the fact that some of the people had not been replaced in the budget but the contractors were picking up the plans and taking them to the office and checking them and bringing them back. Director Fick said that was -,- c......._..____...._....__.._.__"_...."~_ 123 123 117 ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23,2002 PAGE 14 correct and he pointed out that in addition to the plan checking services that Planning had, there would be contracting services as well. The money was directly generated on an as needed basis. A28. Approve Amendment NO.2 to Agreement with the State of California, Department of Transportation to extend the termination date to December 31, 2003 for traffic control services during the 1-5 Freeway Expansion Project. A29. Approve an agreement with Northrop Grumman Electronic Systems (formerly Litton Integrated Systems), in an amount not to exceed $50,000 annually, for maintenance and repair services for the Police Department's mobile data computers for a period of one year with option to renew for three additional years. A30. RESOLUTION NO. 2002R-161 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the Deferred Compensation Committee Rules of Practice and Procedure. 117 A31. RESOLUTION NO. 2002R-162 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 75R-431, as last amended by Resolution No. 2001 R-296, which established a Deferred Compensation Plan for full-time employees, to incorporate new legislation. RESOLUTION NO. 2002R-163 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 91R-173 and 98R-243, as last amended by Resolution No. 2001-97, which established a Deferred Compensation Plan for part- time employees, to incorporate new legislation. 174 A32. RESOLUTION NO. 2002R-164 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the applicant to apply for grant funds for the Roberti- Z'Berg-Harris Urban Open Space and Recreation Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000. 123 153 174 A33. RESOLUTION NO. 2002R-165 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the applicant to apply for grant funds for the Per Capita Grant Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000. A34. Approve an agreement with Hirsch & Associates, Inc., in the amount of $81,070, for consultant services for the preparation of a revised master plan for Pioneer Park and detailed construction documents for the development of a night-lighted multipurpose ballfield and parking lot improvement at Pioneer Park and increase appropriation for Pioneer Park funding by $46,070 from funds budgeted in Fund 216, Parksites and Playgrounds. A35. RESOLUTION NO. 2002R-166 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 02R-150 Nunc Pro Tunc (salary relationships of the Memorandum of Understanding with the Anaheim Municipal Employees Association, General Unit and the City). .-"11 ....'..._.w 153 123 161 174 174 182 182 182 123 123 123 ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23, 2002 PAGE 15 A36. RESOLUTION NO. 2002R-167 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the International Brotherhood of Electrical Workers, Local 47 of the City of. A37. Approve and authorize the Mayor to execute an agreement with Chapman University to provide leadership development seminars. A38. Adopt and authorize the implementation of the Melody Mobile Estates Park Relocation Plan to prepare for the Police Station Project. A39. RESOLUTION NO. 2002R-168 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM making certain findings in connection with the City's submittal of a Brownfields Economic Development Initiative Grant Application to the United States Department of Housing and Urban Development for funding assistance related to redevelopment of the Westgate Project on former landfill properties at the northeast corner of Beach Boulevard and Lincoln Avenue in the City of Anaheim, County of Orange, State of California. Council Member Tait abstained. A40. RESOLUTION NO. 2002R-169 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM making certain findings in connection with the City's submittal of a Sustainable Communities Grant and Loan Program application to the California Pollution Control Financing Authority for funding assistance related to remediation and redevelopment of the Kwikset Property located at 516 East Santa Ana Street in the City of Anaheim, County of Orange, State of California. A41. Approve the stated modification of the Third-Year Local Plan Modification of the Anaheim Workforce Investment Act Strategic Five-Year Plan. A42. Approve the recommendations from the Anaheim Workforce Investment Board for the selection of the training agencies for the delivery of occupational skills training to participants under the Workforce Investment Act and Welfare-to-Work Programs through June 30, 2003. A43. Approve and authorize the City Manager to execute the Workforce Investment Act Program Year 2002-03 Rapid Response Assistance Funding Application for submittal to the State. A44. Approve and authorize the City Manager to execute Amendment NO.2 to the Workforce Investment Act Vendor Agreement with Software Education of America, Inc. for provision of occupational skills training services. A45. Approve the Seventh Amendment to Agreement with E. Del Smith and Company, Inc., extending Washington D.C. representation services from August 1, 2002 through July 31,2003 and approve the Fourth Amendment to Agreement with Michael J. Arnold and Associates, extending Sacramento, CA representation services from August 1, 2002 through July 31, 2003. A46. Approve and authorize the City Manager to execute the Workforce Investment Act Vendor Agreement with Mohammad Qamaruddin, in an amount not to exceed $300,000, for provision of occupational skills training services. - ..,,- .~, j."""'........_-~._~-_...".-. 123 ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23,2002 PAGE 16 A47. Approve certain Development and Economic Assistance Agreements with Orangewood LLC and Orangewood Hotel Corporation, for the Doubletree and Sheraton Hotel developments. Mayor Daly noted that the two projects were very high quality and would add to the City's image and reputation as a first class tourist destination and add to the economy. He said he was looking forward to receiving the financial agreements. 123 A48. Determine that adoption of the revisions to the Electric Rates, Rules and Regulations is exempt from the California Environmental Quality Act of the California Public Resources Code and approve and authorize the City Manager to execute the agreement with Anaheim Community Foundation to disburse donations for the Sun Power for the Schools Program for a period of two years with the option for two consecutive year extensions. 175 142 175 123 123 114 175 RESOLUTION NO. 2002R-170 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending rates, rules and regulations for the sale and distribution of electricity as adopted by Resolution No. 71-R-478 and most recently amended by Resolution No. 2001R-192. A49. Approve the fiber optic lease strategy and authorize the Public Utilities General Manager to take such actions as are necessary to implement the strategy. A50. ORDINANCE NO. 5815 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Chapter 10.06 to Title 10 of the Anaheim Municipal Code Relating to design-build contract. A51. Adopt supportive positions to guide the Public Utilities Department's responses to proposed industry related legislation and regulatory actions. 123 A52. Approve and authorize the Public Utilities General Manager to execute the Deed Grant Agreements with the American Public Power Association, in the total amount of $36,000, to receive demonstration of energy efficient development grant funding and an agreement with Anaheim Union High School District, in a total amount not to exceed $34,000, for the Harmony Garden Project. A53. Approve and authorize the Public Utilities Manager to execute the First Amendment to the Electric Facility Reimbursement Agreement with Walt Disney World Co. for installation of electrical facilities to serve the Tower of Terror attraction in Disney's California Adventure and the Second Amendment to the Electric Service Agreement to provide preferred/emergency service to the Tower of Terror attraction. A54. Approve and authorize the Public Utilities General Manager to execute the agreement with Frey Environmental, Inc., in an amount not to exceed $242,000, to provide environmental consulting services to conduct site assessment and remediation of contaminated soil and groundwater ate the abandoned gasoline station located at 3270 West Lincoln Avenue. A55. Approve minutes of the Council meeting held June 11, 2002 and June 18, 2002. r 105 148 179 ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23, 2002 PAGE 17 END OF CONSENT CALENDAR A56. Nominate and appoint a citizen to serve on the Planning Commission for a full four-year term, to expire June 30, 2006 (Continued from the Council meeting of July 2, 2002, Item A22). Mayor Daly moved, seconded by Council Member Kring, to continue the appointment to the Planning Commission to August 6, 2002. Motion carried unanimously. A57. Nominate and appoint a voting delegate and alternate to the League of California Cities annual conference, October 2 - 5, 2002, to be held in Long Beach. Mayor Daly moved, seconded by Council Member McCracken, to nominate Council Member Feldhaus as voting delegate, and to nominate himself as alternate, to the League of California Cities annual conference to be held October 2 - 5, 2002. Motion carried unanimously. Items B1 through B8 From Planning Commission Meeting of July 1. 2002: (No action by City Council required unless expressly indicated. Council may consider and act upon such matters at its discretion. Items requiring a public hearing may be set for hearing at a later date upon the request of any two Council members.) APPEAL PERIOD ENDS JULY 23,2002: B1. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2002-04555 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2002-00007 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Alpine Development, 13707 Holt Avenue Santa Ana, CA 92705 AGENT: EI Gaucho Market, Attn: Carlos Patti, 4706 West 19151 Street Torrance, CA 90503 LOCATION: 847 South State College Boulevard. Property is approximately 0.33- acre having a frontage of 100 feet on the west side of State College Boulevard located approximately 170 feet north of the centerline of Morava Avenue (EI Gaucho Market). CONDITIONAL USE PERMIT NO. 2002-04555 - Request to permit a convenience market in conjunction with a delicatessen with the retail sales of beer and wine for both on-premises and off-premises consumption with waiver of minimum number of parking spaces. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2002-00007 -To permit retail sales of beer and wine for off-premises consumption within a proposed convenience market and delicatessen. ACTION TAKEN BY THE PLANNING COMMISSION: Waiver of Code Requirement approved (5 yes votes, Commissioner Boydstun absent and one Commission vacancy). Conditional Use Permit No. 2002-04555 granted for one year to expire June 17, 2003 (PC2002-103). Determination of Public Convenience or Necessity No. 2002-00007 withdrawn. -r ~'_'_'."~"':_" ....,..c.-_.'_."._.__, ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23, 2002 PAGE 18 Mayor Daly asked if this was a replacement for an existing convenience market on the property or retail center or was it an addition. Director Fick said that this was a vacant space on the property and the market was approved by the Planning Commission and the beer and wine application was approved for a one-year basis. Mayor Daly asked if there was a convenience market next door in the same center and Director Fick said that there was one to the south of the property. He said that this was more of a delicatessen and bakery operation. Council Member McCracken said that there were South American foods and it was different than the convenience market down the street. Mayor Daly said that convenience markets could be a problem if they were not well run. There was not approval of pay telephones on the exterior and Director Fick said that there were not any at all and in terms of enhancements to the property, they were removing the pole sign and installing the pole sign that existed there and installing landscaping on the frontage. 179 B2. CONDITIONAL USE PERMIT NO. 3947 AND NEGATIVE DECLARATION: OWNER: Crescent Southern Baptist Church, 622 North Gilbert Street Anaheim, CA 92801 AGENT: Donald Spangler, 622 North Gilbert Street Anaheim, CA 92801 LOCATION: 622 North Gilbert Street. Property is approximately 1.89 acres having a frontage of 132 feet on the east side of Gilbert Street located 329 feet north of the centerline of Crescent Avenue (Crescent Southern Baptist Church). Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on July 21, 1997 to expire July 21, 2002) to retain a private school (grades 6 through 8 with up to 200 students) within an existing church. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement of Conditional Use Permit No. 3947 with deletion of time limitation (PC2002-1 04) (5 yes votes, Commissioner Boydstun absent and one Commission vacancy). Negative Declaration previously approved. 179 B3. CONDITIONAL USE PERMIT NO. 2002-04560 CATEGORICALLY EXEMPT - CLASS 1: OWNER: White Star Partners LLC., 2961 East White Star Avenue Anaheim, CA 92806 AGENT: Line X, Attn: Paula Hilliard, 2191 North Batavia Street Orange, CA 92865 Terry G. Roussel, 4590 Mac Arthur Boulevard, Suite 610 Newport Beach, CA 92660 LOCATION: 2981 East White Star Avenue. Property is approximately 3.73 acres located at the southeast corner of White Star Avenue and Armando Street. Request to permit the retail sales and installation of automobile parts and accessories. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2002-04560 granted (PC2002-105) (5 yes votes, Commissioner Boydstun absent and one Commission vacancy). 179 B4. CONDITIONAL USE PERMIT NO. 2002-04559 --~ 179 179 179 ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23, 2002 PAGE 19 AND CATEGORICALLY EXEMPT - CLASS 1: OWNER: Berle and Carol Family Trust, Attn: Berle Crisp, Trustee 6157 Fair Oaks Boulevard, Suite A, Carmichael, CA 95608 AGENT: Hahm Motorsports, Attn: Peter Hahm, 125 East Ball Road Anaheim, CA 92805 LOCATION: 1120 South Anaheim Boulevard. Property is approximately 3.4 acres located at the northeast corner of Ball Road and Anaheim Boulevard. Request to permit the indoor retail sales of recreational vehicles (motorcycles, all-terrain vehicles and watercraft) and related accessories. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2002-04559 granted (PC2002-106) (5 yes votes, Commissioner Boydstun absent and one Commission vacancy). B5. CONDITIONAL USE PERMIT NO. 3620 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Seymour Adler Trustee, 16608 Park Lane Place Los Angeles, CA 90049 AGENT: Kips Gymnastics, Attn: Dennis Maily 4620 East La Palma Avenue, Anaheim, CA 92807 LOCATION: 4620 East La Palma Avenue. Property is approximately 2.47 acres having a frontage of 359 feet on the south side of La Palma Avenue located 765 feet east of the centerline of Lakeview Avenue (Kip's Gymnastics). Request to expand an existing gymnastics school and include a martial arts studio within an existing industrial building. ACTION TAKEN BY THE PLANNING COMMISSION: Approved expansion of Conditional Use Permit No. 3620 (PC2002-107) (5 yes votes, Commissioner Boydstun absent and one Commission vacancy). B6. CONDITIONAL USE PERMIT NOS. 369 AND 1502 AND ADMINISTRATIVE ADJUSTMENT NO. 73 - REQUEST FOR TERMINATION: Cal-Asia Property Development, Attn: Robert M. Ozell, 1517 South Sepulveda Boulevard, Los Angeles, CA 90025, requests for termination Conditional Use Permit Nos. 369 and 1502 and Administrative Adjustment no. 73. Property is located at 1001 North State College Boulevard. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit Nos. 369 and 1502 and Administrative Adjustment No. 73 terminated (PC2002-102) (5 yes votes, Commissioner Boydstun absent and one Commission vacancy). B7. ZONING CODE AMENDMENT NO. 2002-00018 AND CEQA EXEMPTION SECTION 15061 (b)(3) GENERAL RULE - REVIEW AND APPROVAL OF ZONING CODE AMENDMENTS: City of Anaheim, Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805, requests review and approval of code amendments relating to handicapped access and elevators in multiple-family zones. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended to Council approval of ordinance (5 yes votes, Commissioner Boydstun absent and one Commission vacancy). ORDINANCE NO. 5816 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending sections 18.31.070, 18.32.070 and 18.34.070 of Chapters 18.31, -'.-r ......~". "-"-"""-".--"-.~ ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23,2002 PAGE 20 18.32 and 18.34, respectively, of Title 18 of the Anaheim Municipal Code relating to handicapped access in multiple-family zones. B8. SPECIFIC PLAN ADJUSTMENT NO. 2002-00020 AND CEQA EXEMPTION SECTION 179 15061 (b)(3) GENERAL RULE - REQUEST FOR A SPECIFIC PLAN ADJUSTMENT: City of Anaheim, Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805, requests a Specific Plan Adjustment to allow hospitals with a Conditional Use Permit in the Northeast Area Specific Plan (SP 94-1) (Northeast Area), Development Areas 3 and 4. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended to Council approval of Specific Plan Adjustment (5 yes votes, Commissioner Boydstun absent and one Commission vacancy). ORDINANCE NO. 5817 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM approving Specific Plan Adjustment No.8 to the northeast area Specific Plan No. 94-1, amending Ordinance No. 5517, as previously amended, and amending subsection .050 of section 18.110.080 and 18.110.090, respectively, of Chapter 18.110 of Title 18 of the Anaheim Municipal Code relating to Development Areas 3 and 4 (Hospitals) 6:00 P.M. PUBLIC HEARINGS: 000 C1. To consider a resolution establishing a uniform parking rate for parking at the Anaheim Convention Center. Greg Smith, Executive Director of Convention, Sports and Entertainment, said that the Convention Center had proposed to raise the parking fee for public parking from $7 to $8. It was currently $8 for non-public trade shows and conventions, he said, and there was a $7 fee for public events. The rate was similar to Disneyland since the Convention Center and Disneyland had shared-use parking. he said, and Disney had now raised the parking to $8. He informed the Council that this would not be an element of revenue generation as much as it was to consistently manage the parking lot operation. City Manager Morgan said that the City had referred some parking to Disney lots and there had been confusion over that. Director Smith noted that the Convention Center had an agreement with Disney for overflow parking to the Disney shared-use parking facility that had been created as part of the expansion of the California Adventure. He said that the Convention Center reciprocated on an as-needed basis for overflow parking from Disney to the Convention Center. The driving force was that Disney had raised their fee to $8 and he said when guests were referred to Disney, they were referred to an $8 lot when the Convention Center was presently at $7 and that had created confusion and complication and unhappy guests. To avoid that, he said having the same fee as Disney would be appropriate. Mayor Daly opened the public hearing and hearing no testimony, closed the public hearing. Council Member Tait said he would vote no since he had believed that this was for revenue purposes and it was not. -..,,- - ... -.... --_. -_.- - 179 ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23, 2002 PAGE 21 Director Smith explained that the revenue generation from the fee increase was approximately $200,000 since 200,000 vehicles were parked for public events. Mayor Daly offered Resolution No. 2002R-171 for adoption. RESOLUTION NO. 2002R-171 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing a uniform parking rate for parking at the Anaheim Convention Center. Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus and Kring. Noes - 1, Council Member Tait. Motion carried. C2. CONTINUED PUBLIC HEARING: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2002-04528 CATEGORICALLY EXEMPT - CLASS 3: OWNER: Ofelia Sanchez, 1190 North Cherry Way Anaheim, CA 92801 AGENT: Bettina Montes, 817 North Broadway, #C Santa Ana, CA 92701 LOCATION: 1190 North Cherry Way. Property is approximately 0.18-acre with a frontage of 67 feet on the east side of Cherry Way located 93 feet south of the centerline of Romneya Drive. Request to permit and retain an unpermitted granny unit in conjunction with an existing single-family residence with waivers of a) minimum number of parking spaces, b) minimum front yard setback and c) permitted encroachment into required yards (deleted). ACTION TAKEN BY THE PLANNING COMMISSION: Waiver of Code Requirement denied (6 yes votes, Commissioner Boydstun absent). Conditional Use Permit No. 2002-04528 denied (PC2002-59). (Informational item at the Council meeting of May 14, 2002, Item B3. Planning Commission's decision appealed by Owner, Ofelia Sanchez. Continued from the Council meeting of June 11, 2002, Item C1). MOTION: CEQA FINDING: CATEGORICALLY EXEMPT - CLASS 3. RESOLUTION NO. CONDITIONAL USE PERMIT NO. 2002-04528. Mayor Daly announced that the property owner had requested a two-week continuance on Item C2 and he noted that it would be helpful if there were legal or title related details that they be shared with City staff. Director Fick stated that the same request had been made to the applicant and the information would need to be submitted shortly so that staff would be able to review and report on it. In response to Mayor Daly's question about the information being given to staff in advance, Agent, Bettina Montes, said that it would be possible and if staff did any investigations, the owner would like to have the information back also. She said that the City had gone to the property two to three weeks ago and did an inspection and the owners had not received a report and she said that she thought that the report would be mailed to her instead of having to request ~-r .....".~..,_.,c_,_..~,.._, ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23, 2002 PAGE 22 it. She said that she just found out from the title company that her client had insurance that would cover if there was a problem with the property. The owner requested that they do a search on their own and the previous owner was not available for the hearing, she added, and would be available on August 6, 2002. Mayor Daly moved, seconded by Council Member Kring, to continue Item C2 to August 2, 2002. Motion carried unanimously. 179 C3. VARIANCE NO. 2002-04494. CATEGORICALLY EXEMPT - CLASS 11: OWNER: Equilon Enterprises, LLC., 2205 North Ontario Street Burbank, CA 91504 AGENT: A & S Engineering, 207 West Alameda Avenue, Suite 203 Burbank, CA 91502 LOCATION: 201 South State Colleae Boulevard. Property is approximately 0.72- acre located at the southwest corner of State College Boulevard and Lincoln Avenue (Shell Service Station and Car Wash). Request for waivers of a) maximum area of freestanding signs and b) maximum height of freestanding signs to retain unpermitted modifications to an existing freestanding sign. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 2002-04494 denied (PC2002-76) (5 yes votes, Commissioner Boydstun temporarily absent and Commissioner Bristol absent). Informational item at the Council meeting of June 11, 2002, Item B3. Planning Commission's decision appealed by Agent. Council Member Tait declared a conflict on Items C3 and C4 and left the dais. Executive Director of Planning and Community Development, Joel Fick, said that the request concerned the applicant's proposal to retain unpermitted modifications to an existing legal, non- conforming freestanding sign. He said that the sign had been originally constructed in 1986 and became a legal, non-conforming sign approximately five-years ago when the Code was changed to emphasize monument signs rather than pole signs. The Code allowed legal, non- conforming signs to remain in place, he said, until they were either removed or structurally altered and then any replacement signage was required to comply with the new sign requirements. The transformation was taking place throughout the City, he informed. Several months ago, this particular non-conforming sign was structurally altered, resulting in rearranged panels and replacement of the rotating logo panel and marquee board with stationary copy and the modifications were done without building permits, he added. The height and square footage of the sign remained approximately the same but were, in fact, unpermitted modifications, he noted, because the grandfather status of the sign was lost due to the structural changes being made. Code limited the height of the sign to eight-feet and the sign existed at 31-feet high and the size was limited to 65-square feet and the sign was currently 160 square-feet, he noted. He informed that staff recommended denial of the applicant's request for variance since there had been no hardship identified that required the sign to exceed the height and square footage requirements that were being installed for all new signs for other businesses on surrounding commercial corridors. Non-compliance with Code would continue the unlevel playing field with numerous other service stations and properties, he explained. A significant investment had also been made at this intersection and along both the Lincoln and State College corridors, he said, including utility undergrounding, parkway landscaping, redevelopment of land uses, billboard removal and pole sign removal. Two of the four corners at the intersection had already voluntarily changed out their signs, he noted, and all new service station signs for the past - .-r ._~---_._....._-_." ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23,2002 PAGE 23 several years had been monument type and in conformance with Code requirements. He noted that the item had been denied by the Planning Commission. Council Member Feldhaus noted that the letter submitted to Council regarding this public hearing stated that there were only cosmetic changes and that there was nothing done on the structure. Director Fick stated that there was discussion and testimony that was in the Planning Commission meeting minutes and it showed in the discussion that it talked about the poles being structurally altered and there were structural modifications made to the support structure. Director Fick said that this was an unusual circumstance that was before Council regarding modifications that had been made without permits. Mayor Daly opened the public hearing Juan Sandoval, A & S Engineering, spoke on behalf of Equilon on Items C3 and C4. He said originally, when the research had been done on the site, A & S had come in to do color and face change on all the signs since Shell was going through all their sites and doing color conversions and new corporate changes. In respect to the pole sign, Shell had instructed the sign company to hold back on that portion of the sign and from what he understood, he said that Shell was going to keep the existing columns as was and come in and do a reface on the sign. It was not to be altered structurally, and on the contrary, he said, Shell was going to make the last sign on the bottom of the corner of the intersection visible. He said that with respect to structurally altering the sign, Shell refaced it with their new corporate logos. A & S did not find out about the refacing until afterwards and he said that Equilon was not happy with the situation and they would like to come in and obtain the appropriate permits for the refacing of the sign. Council Member McCracken asked if Equilon was only doing Shell signs in Anaheim and Mr. Sandoval responded that they were going through all of their stations and refacing all of the signs since they were going through corporate changes. Council Member McCracken said that the signs in Garden Grove seemed to be monument signs and the signs in Anaheim seemed to not be monument. Mr. Sandoval said that wherever a sign was existing, whether it was a freestanding or monument sign, he said that Equilon would prefer to come in and reface it. Mayor Daly closed the public hearing. Council Member Kring noted that Mr. Sandoval had said that Equilon would like to come in and obtain property permits and she asked if that was possible at this time. Director Fick said that was correct and with the illegal construction that had occurred, the only way building permits might be obtained would be if a variance was granted for both the height and square footage of the sign. Mayor Daly moved, seconded by Council Member Kring, to approve the CEQA Finding of Categorically Exempt, Class 3. Council Member Tait abstained. Motion carried. RESOLUTION NO. 2002R-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 2002-04494. "- 'ow- ........,'"" 179 ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23, 2002 PAGE 24 Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus and Kring. Noes - O. Abstained - 1, Council Member Tait. Motion carried. C4. VARIANCE NO. 2002-04495. CATEGORICALLY EXEMPT - CLASS 11: OWNER: Equilon Enterprises, LLC., 2205 North Ontario Street Burbank, CA 91504 AGENT: A & S Engineering, 207 West Alameda Avenue, Suite 203 Burbank, CA 91502 LOCATION: 1200 South State Colleae Boulevard. Property is approximately 0.49- acre located at the southeast corner of State College Boulevard and Ball Road (Shell Service Station). Request for waivers of a) maximum area of freestanding signs and b) maximum height of freestanding signs to retain unpermitted modifications to an existing freestanding sign. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 2002-04495 denied (PC2002-77) (6 yes votes, Commissioner Bristol absent). Informational item at the Council meeting of June 11, 2002, Item B4. Planning Commission's decision appealed by Agent. Executive Director of Planning and Community Development and Planning, Joel Fick, said that Items C3 and C4 were very similar and he incorporated, by reference, the general comments made under Item C3 (Variance No. 2002-004494). In addition, he pointed that modifications were similarly made several months ago with this sign and one significant difference was that the sign was increased in sign face from 136 to 168 square feet. Along State College Boulevard, similar enhancements with undergrounding, park re-Iandscaping, other sign removal had taken place. He noted that this particular corner had four service stations and the two newest stations had monument signs complying with c~rrent Code. He added that the Planning Commission unanimously, with one Commissioner absent, denied the variance request. Mayor Daly opened the public hearing. He noted that the spokesperson for the property owner chose not to address the Council and hearing no testimony, closed the public hearing. Mayor Daly moved, seconded by Council Member Kring, to approve the CEQA Finding of Categorically Exempt - Class 3. Council Member Tait abstained. Motion carried. Mayor Daly offered Resolution No. 2002R-173 for adoption. RESOLUTION NO. 2002R-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 2002-04495. Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus and Kring. Noes - O. Abstained - 1, Council Member Tait. Motion carried. .--- """'"'_....,---.--_..~"--_...-----_._-~-_.-.._._..- ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23,2002 PAGE 25 C5. GENERAL PLAN AMENDMENT NO. 2001-00396 179 RECLASSIFICATION NO. 2001-00060 GENERAL PLAN AMENDMENT NO. 2001-00399 RECLASSIFICATION NO. 2001-00063 GENERAL PLAN AMENDMENT NO. 2001-00400 RECLASSIFICATION NO. 2001-00064 REQUEST FOR CITY COUNCIL REVIEW AND NEGATIVE DECLARATION: OWNERS: City of Anaheim, Community Development Department, Attn: Elisa Stipkovich, 201 South Anaheim Boulevard Anaheim, CA 92805 Dorothy Brunson Trust, 2455 Tuckahoe Terrace Watsonville, CA 95076 Danros Inc., 511 Helberta Avenue, Redondo Beach, CA 90772 Andres Fernandez, 3123 West Lincoln Avenue, Anaheim, CA 92801 Thomas Tislow, 17319 Alexandra Lane, Cerritos, CA 90703 GPA NO. 2001-00396 AND RCL NO. 2001-00060: 100 South Beach Boulevard. Area 1 is approximately 0.58-acre located at the southeast corner of Beach Boulevard and Lincoln Avenue. 120-320 South Beach Boulevard and 2970 West Lincoln Avenue. Area 2 is located south and east of the southeast corner of Beach Boulevard and Lincoln Avenue located 238 feet south of the centerline of Lincoln Avenue. GPA NO. 2001-00399 AND RCL NO. 2001-00063: 2300 - 2340 West Lincoln Avenue. Area 1 is approximately 8.8 acres with a frontage of 660 feet on the south side of Lincoln Avenue located 650 feet east of the centerline of Gilbert Street. 2330 - 2340 West Lincoln Avenue. Area 2 is approximately 4.4 acres with a frontage of 330 feet on the south side of Lincoln Avenue located 650 feet east of the centerline of Gilbert Street. GPA NO. 2001-00400 AND RCL NO. 2001-00064: 3119 - 3169 West Lincoln Avenue. Property is approximately 2.7 acres with a frontage of 816 feet on the north side of Lincoln Avenue located 290 feet west of the centerline of Grand Avenue. GENERAL PLAN AMENDMENT NO. 2001-00396 - City-initiated amendment to the Land Use Element of the General Plan redesignating the properties from the General Commercial to the Low-Medium Density Residential and Police Station (P) land use designations for Area NO.2. RECLASSIFICATION NO. 2001-00060 - City-initiated reclassification of Area NO.1 from the CH (Commercial, Heavy) to the CL (Commercial, Limited) Zone, and a reclassification of Area NO.2 from the CH (Commercial, Heavy), CL (Commercial, Limited) and RS-A-43,000 (Residential/Agricultural) to the RM-3000 (Residential, Multiple-Family) or less intense zone. GENERAL PLAN AMENDMENT NO. 2001-00399 - City-initiated amendment to the Land Use Element of the General Plan redesignating the property from the General Commercial and Medium Density Residential to the Low-Medium Density Residential land use designation for Area 1. RECLASSIFICATION NO. 2001-00063 - City-initiated reclassification from the CL (Commercial, Limited) Zone to the RM-3000 (Residential, Multiple-Family) or less intense zone for Area 2 GENERAL PLAN AMENDMENT NO. 2001-00400 - City initiated amendment from the General Commercial to the Low-Medium Density Residential land use designation. -r ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23,2002 PAGE 26 RECLASSIFICATION NO. 2001-00064 - City-initiated reclassification from the CL (Commercial, Limited) and RS-7200 (Residential, Single-Family) Zones to the RM-3000 (Residential, Multiple-Family) or less intense zone. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended adoption of Exhibit A of General Plan Amendment No. 2001-00396 (PC2002-60) (7 yes votes). Reclassification No. 2001-00060 granted (PC2002-61) (7 yes votes). Recommended adoption of Exhibit A of General Plan Amendment No. 2001-00399 (PC2002-62) (6 yes votes, Commissioner Boydstun voted no). Reclassification No. 2001-00063 granted (PC2002-63)(7 yes votes). Recommended approval of Exhibit A of General Plan Amendment No. 2001-00400 (PC2002-64) (7 yes votes). Reclassification No. 2001-00064 granted (PC2002-65) (7 yes votes). Recommended City Council review. Negative Declaration approved. Informational item at the Council meeting of May 21, 2002, Item B3. Public hearing scheduled due to General Plan Amendments. Executive Director of Planning and Community Development, Joel Fick, said that the item involved a City initiated request for three separate areas within west Anaheim and represented two-years of working together with City staff and consultants with the community. The first request involved approximately 7.5 acres along the east side of Beach Boulevard, south from Lincoln Avenue, he said, and the proposal was to rezone the corner service station from CH to CL, in accordance with the Commission and Council policy for the elimination of the CH zone, Citywide and to rezone the remaining properties on the block to RM-3000. The proposal would change the general plan designation for all of the property, he said, except the corner service station from general commercial to low medium density residential and that a police station designation would be added on the general plan. There had been discussion regarding the area concerning the appropriateness of residential versus commercial land use. Staff had explored redevelopment for commercial on this block and based on an economic insight analysis, he informed that staff had determined that the mid-block properties would not be suitable for commercial development and staff continued to recommend that residential opportunities be pursued for the area. Director Fick said that the second item involved a nine-acre, former Home Depot site on West Lincoln Avenue and the site consisted of two book-end parcels. He said that the easterly parcel contained a furniture store and the westerly parcel, a parking lot and the proposal would change the general plan designation for the entire site for general commercial and medium density residential to low medium density residential. The request also included rezoning the westerly parcel from CL to RM-3000. The easterly parcel containing the furniture store would remain zoned CL until the owner chose to rezone the property for residential purposes, he added. Director Fick stated that the third request involved 2.7 acres on the north side of Lincoln Avenue east of Western Avenue. The property, he said, which was part of the Presidential Tract, was developed with aging single-family homes and the proposal for that block would change the general plan designation from general commercial to low medium density residential and would change the zoning in the location from CL and RM-1200 to RM-3000. There were no specific development plans that had been submitted for review for any of the three areas and the purpose of redesignating and rezoning the property was to implement redevelopment plans for west Anaheim replacing blighted mid-block properties with quality residential ownership opportunities. He noted that redevelopment efforts anticipated that the RM-3000 zone "-~ ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23, 2002 PAGE 27 development would yield between ten to thirteen dwelling units per acre depending the type of development and detailed plans for any residential projects on the properties would be reviewed at future public hearings. Mayor Daly asked if the Council would be able separate properties within the general plan amendments such as the one on Beach Boulevard. City Attorney, Jack White, said that Council could delete specific areas or parcels when the resolutions were offered and act upon portions of the properties that were being recommended for each of the general plan amendments. Director Fick said that the Planning Department believed that even though there were the three different general plan amendment areas, as the City Attorney pointed out, the Council may remove or continue discussion of portions or parcels at their discretion. Mayor Daly opened the public hearing. Maxine Ford said she was opposed to building homes on Beach Boulevard because of the traffic noise. She said she believed that the noise was so bad that the homes would end up becoming rentals. Beach Boulevard was an eight-lane highway and the traffic was going 24- hours a day. She recommended placing restaurants on Beach Boulevard and the homes on secondary streets and she asked Council to reconsider the redevelopment plan. Steve Stavely spoke about the appropriateness of a police station and gym on Beach Boulevard and the 45,000 cars per 24-hour period in that area. He said he could not think of any place on Beach Boulevard where modern housing had gone in that high-volume flow area between the 405 Freeway and 91 and 5 Freeways. He said that there were some successful elements north of Imperial Highway and south of Trask and in each case, where housing was put it, it was well back from the roadway. He said at 7:00 A.M. the traffic was so loud that speaking in a normal voice would be impossible. He said it was imperative that Council understood that there would never again be such prime, commercial property and if it required growing grass on the property for a few more years to have a really quality commercial property, he agreed with Ms. Ford that homes on Beach Boulevard would quickly turn into rental property. Esther Wallace, West Anaheim Neighborhood Development (WAND) group, asked Council to separate the property at Beach Boulevard and Lincoln Avenue. Namely, she said, the Mexican restaurant, the car wash, which was a highly liked, successful business and they would not like to see it go and the Americana and Silver Moon properties. She said that WAND would like to keep the area commercial because the other three corners were commercial. WAND had been told that the businesses did not want to go to west Anaheim because of its poor reputation and she refuted the statement. Target had decided that they would renovate their store on Lincoln Avenue and were placing $6.2 million into the store, she said, and that store was one of the best producing Target stores in Orange County and it was one of the few stores that rebounded back in three days after September 11,2001. She said that WAND had been told that the land was too narrow for businesses or for restaurants and the property was 186-feet wide. Claim Jumper was 1 OO-feet in each direction including the asphalt pavement behind and beside the Claim Jumper. There was 50-feet in the back for parking, she noted, and there was enough room for two to three rows of parking in the front and plenty of room for parking on the side, If the restaurant was structured so that it was elongated rather than a square, a lot more could be placed there, she added, and parking. Redevelopment wanted to build homes on the property and it was not a way to secure businesses, she said, and WAND asked redevelopment if they had looked at any businesses and they said that they had not. She said that redevelopment had gone to a conference in Las Vegas and had come back and said that they had spoken to - "r ,.....'..".,"""'. ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23,2002 PAGE 28 some businesses and that some were eager to come out here although she was not sure if there were any businesses that were able to come to the City. She read a letter from the Magnolia School District, Board of Trustees, that stated the School Districts' interest in the outcome of the City's plan since education was provided for over 7,000 elementary school children in the west Anaheim area. At ten to thirteen-units per acre, this would translate into 3,653 new homes and they asked what research had been done on the impact of the increased housing of the school districts. She said that the School District asked if there were provisions for schooling or considerations planned and the new homes would impact Schweitzer and Lowe Schools. The School District was concerned with the impact of housing planned along Beach Boulevard south of Lincoln Avenue, she said, and if this was residential housing, had considerations be made for safe routes to school from housing on one of the busiest streets in Anaheim. The School District asked to understand the plans in the area prior to any action by the City for rezoning of property, she read. Ms. Wallace stated that taking down motels would result in an equivalent number of people or children being placed into the housing that would be developed. She noted that she could make available a copy of information on attendance for motels in the Magnolia School District and there were 22 motels with 1,074 rooms and only 84 students from the motels in the School District last September and only 61 students today. She said she believed that the Home Depot site was 13.2 acres instead of 9.2 acres. Jack Cushing, property manager and part owner of the southwest corner of Beach Boulevard and Lincoln Avenue said that there was plenty of commercial property. There were a lot of areas that would be better off changing to something else and he could not imagine changing Beach Boulevard and Lincoln Avenue intersection with its high-traffic density and potential for bringing in tenants to help the area. He said that whoever had housing on Beach Boulevard would probably sell it a few years later and it would go down and he asked that the commercial not be taken away from that area. In response to Mayor Daly Mr. Cushing stated that he had worked hard and spent several hundred thousand dollars upgrading the property and when he had first purchased the property, there was a tattoo business and prostitution around. He said since buying the property, he was trying to make it decent and the tenants were doing well and it was a prime area to bring business into the City. If housing was placed there, he said, it would possibly turn into slums. Mayor Daly asked Mr. Cushing if he believed that there was a commercial demand and Mr, Cushing said there was and would be with more depth. He said since he had been there, the area had picked up and improved and some of the other areas where there was commercial, south of that area and on Lincoln Avenue, had tried to improve and were not getting tenants. He said he believed that there was a good market for good development and would be interested in it if he felt that the area would stay on an improving level. Mayor Daly noted that there appeared to be an agreement with the proposals for West Lincoln Avenue near Western Avenue and the other stretch on Beach Boulevard. He asked that the total acreage on Beach Boulevard be described and the depth of the properties. Executive Director of Community Development, Elisa Stipkovich, informed that the total acreage was 7.5 and included the corner of the gas station, which was not proposed for housing. The depth of the parcel was 180-feet and that was one of the dimensions that created a bit of difficulty in obtaining any significant amount of retail, other than something like strip commercial or if a restaurant would go in there. She noted that various commercial developers had expressed concern about getting the type of retail that redevelopment was trying to bring into west Anaheim. '-r ... ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23, 2002 PAGE 29 Mayor Daly asked that by the time the existing service station, which would remain, and the proposed new police station and gymnasium were subtracted, how much net property would remain. Director Stipkovich stated that it would be approximately four acres. He asked about proposed densities and Director Stipkovich said it would be about ten to thirteen units to the acre and probably closer to ten, so there would be approximately 40 housing units. Mayor Daly asked if the development would be town homes or condominiums or would they be detached single-family homes. Director Stipkovich said that Redevelopment preferred detached homes on that site and the homes would not face Beach Boulevard. There would be a 25-foot to 35- foot buffer, both by landscaping and walls, she said, and Community Development understood the situation about sound attenuation. Mayor Daly asked if the front doors of the homes would face north or south and Director Stipkovich said that would be the most logical way to layout the homes and most of the site plans that developers had proposed were laid out that way. She said that there would be a few homes where the back yards would be towards Beach Boulevard but with either a frontage road separating it, plus landscaping, and there was not a specific plan to show Council at this point. She pointed out that all of the details would return to Council at a later date and the proposal was for the Agency to acquire, and they had, the Silver Moon site and Community Development proposed to continue the acquisition on the Americana Car Wash and the little restaurant piece. Community Development would return to Council with a disposition and development agreement and Council would be in control of the density, style, site planning, elevations, color, landscaping and everything, she noted. Council Member Feldhaus asked about a soundwall and Director Stipkovich said that a significant soundwall was one of the concepts that were discussed with developers. Council Member Feldhaus asked Director Stipkovich to explain about 20 percent housing set- aside funds. The acquisition dollars were coming from redevelopmenUhousing set-aside funds and they were very restricted funds and had already been used to acquire the Silver Moon parcel, she said, which was south of the Americana. She said that Community Development proposed to use the same funding for the site to the north, which was the Americana and Car Wash site_ If the Council did not want to place residential units there, Community Development would need to work with the City Manager's Office regarding the source of funding to close on the property. Pat Kotter said she agreed that placing new homes on Lincoln Avenue would benefit the community. She said that there would be less than 300 new units in west Anaheim with all of the construction going on and she said that more services were needed from Police and Fire Departments. She noted that she had observed that there was not enough police services and expressed her concerns that if there were more people, less people would be helped. She said that the car wash was busy every time she went by and that they were generating tax dollars for the City. She said that there was some confusion about businesses being asked to locate on the property on Beach Boulevard. She heard that it was 180-foot depth and the other night at the community meeting she had heard that it was 187 -foot depth and tonight she heard it would be a 25 to 35-foot buffer and at the last community meeting she attended, she was told that there would be a 35-foot buffer and she said that there was confusion. She said that some businesses had asked to settle on Beach Boulevard and she asked redevelopment several days ago for a list of all the businesses that had been asked to build there and she was told the week before that a list was being compiled and she had not yet received it. Several months ago, she said she had been advised by a mayor of a nearby community to speak to an individual in the Economic Development Department. She said she asked the economic development manager in the nearby community how they were able to obtain new businesses on Beach Boulevard and ,- ,,- - '''..,.. ,~ ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23, 2002 PAGE 30 Anaheim was not. She said that the economic development person had contacted approximately 75 businesses and as a result, that city had at least three or four new businesses. One of the new businesses, she noted, had a different look and she asked about it and found that the city had a theme and the new businesses had been asked to go along with the theme. She asked why a community that was smaller than the City could find new businesses, then why couldn't Anaheim and she asked if enough effort had been put forth and she said it would be foolish to place homes there when there would be several businesses that would want to locate there, especially north of Lincoln Avenue. Before building a police station, she suggested contacting the students at Western High School to see how many of them would even use a gymnasium. She said the parents may not even want their children to go across Beach Boulevard and there was a police station on Western and Lincoln and they were doing a good job. She suggested looking into building a gymnasium and another facility at Lincoln Avenue and Western because the students at Western High School would only need to go down the street and it would be a lot safer. Before the City built the new police station and gymnasium, she asked that effort be made to contact the students as Western High. Judithann Golette, representative of the West Anaheim Neighborhood Development (WAND) Neighborhood and Land Use Development Committee, said that there was no one who could not agree that the west Anaheim residents had taken upon themselves to try to rebuild west Anaheim into a good community that it once was. Residents had volunteered time for meetings and expertise and wanted to let City staff know what west Anaheim needed. She said that W AND was present to ask Council to separate the southeast corner of Highway 39 and Lincoln Avenue from other rezoning actions to allow for visionary development to take place in west Anaheim. The proposed residential action was not in the best interest of WAND's commercial renaissance, she said. WAND had approved the west Anaheim vision and as part of the west Anaheim Vision Task Force Committee, she said that they were told if the vision were not approved then, it would delay the much-needed work. WAND was told that nothing was in concrete so WAND agreed to go ahead with the vision that was approved, she noted. WAND said that they would only support housing on Beach Boulevard if there were nothing else that could be done. The project had been supported by many developers and realtors and she agreed that there were a lot of developers that would want to put in a residential tract on the prime west Anaheim land, she said, and she asked if it would be quality housing or housing to be placed on the rental market once it is sold. There was not one person who agreed that this would be the highest and best use of that land, she informed. She said that she would devaluate the property once it had been built due to the sound nuisance. West Anaheim had been a community identified by quality and safe neighborhoods, she informed, and the group wanted it returned to that status. Ms. Gollette read several letters from realtors such as Paul Kott who said that in the event that residential use was considered, he asked that no tract map be considered that was more dense than RS-5000 or the equivalent thereto. Ms. Gollette read a letter from Barbara Gonzalez, who asked to maintain the southeast corner of Beach Boulevard and Lincoln Avenue as commercial and she said that there were more revenue possibilities for the City than with residential. A letter written by Peggy Tomanus was read by Ms. Gollette and it said that she was surprised that redevelopment had decided that the corner of Lincoln Avenue and Beach Boulevard would be a good area for homes and she said that this was prime commercial property. Improvement of the area was a must, she read, but reclassification to residential was not the solution and was a band-aid to show that something was being done and she asked for the best use of the land. The last letter read by Ms. Gollette was from Mike DeLeon who expressed his concern for the reclassification of the property at the corner of Beach Boulevard and Lincoln Avenue. Mr. "T """O;'~""""''''''''~'_'_'"''''''''h'_'"' ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23,2002 PAGE 31 DeLeon had written that residential use was not the best use of the land and that it should stay commercial. Ms. Gollette referred to the four letters written by the realtors and she commented that it reflected the realtor's professional opinions of what needed to be done. She said that people were needed to promote public relations for west Anaheim. She added that when looking at the redevelopment of west Anaheim, she said to look at the highest and best use and on behalf of WAND, she asked that Council separate the southeast corner and further research it. Mayor Daly asked to clarify if Ms. Gollette was in support of the proposals for the old Home Depot site and West Lincoln site and she responded that WAND was in support of housing going in there. WAND had not seen any plot plans, she informed, and had been told that the presidential tract would be 30-units going in where 11-homes were coming out of. She said that the homes would be attached and the homes on Beach Boulevard would be a multi-use of attached along Beach Boulevard and backing up to Luxore Street, detached. Charles Bradley, West Anaheim Neighborhood Development group, said that what was to be done with the presidential tract, between Western and Grand on Lincoln Avenue, was very good and so was the Home Depot site. At the community meeting that Pat Kotter had referred to, a developer was present that had nothing to do with that site and he was asked how deep the Beach Boulevard property needed to be for commercial use and he said 300-feet. The police station and youth center needed to be there and needed to get out of the property at Western and Lincoln Avenue, which had only been rented for a number of years, and a traffic light was planned at the entrance on the north side of where the police station would be so that children could cross Beach Boulevard. He said that hopefully, the County and the City would get together and finish making the bike trail that bordered Carbon Creek. He said that the traffic light would help anyone who needed to cross Beach Boulevard. Mayor Daly closed the public hearing. Director Fick said that the project had an Area 1 and Area 2 and that Area 1 was the entirety of the General Plan Amendment area and it addressed the entire site of 8.8 acres. Area 2 addressed the rezoning and was a subset of the total area, he explained, and was the westerly half of the parking lot area. Council Member Tait asked what affect this would have on the furniture store site and Director Stipkovich said it was a general plan amendment and not a rezoning. Director Fick stated that the zoning would remain intact and would provide future direction at a future date as to what the City's intention was for the ultimate land use and would not affect the existing operation. Council Member Tait asked if the existing operation could operate without loosing any entitlements and Director Fick said that they could. In the proposed general plan, Mayor Daly asked how many houses could be built at the site and Director Stipkovich said that approximately 10 to 13-units to the acre and four acres was what the City owned. She said that would be approximately 40 to 50-units. Director Fick stated that the other site was a bookend site in the event it was to be developed into housing some time in the future. r '.i..."~",",,... "_""~_'_~ ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23, 2002 PAGE 32 Mayor Daly asked what lot size the general plan amendment would allow and Director Fick stated that it would allow 3,000 square feet per unit and that was required. Mayor Daly asked if that was as a minimum and Director Fick said that it was and that any future development proposed on the site would be the subject of future hearings. In addition to any disposition and development agreements that might be required by the Agency, he noted that tract maps or conditional use permits would likely be required with any development of the site and any type of tract map would for any for-sale housing. Council Member Feldhaus said that it should be addressed in the zoning, up front, because he said the City did not want someone coming in later that would think that they could get waivers and build higher density on the site. Director Fick stated that there was nothing that could be authorized without a full public hearing for a tract map or subdivision on the site. Mayor Daly moved, seconded by Council Member Feldhaus, to approve the CEQA Finding of Negative Declaration. Motion carried unanimously. Mayor Daly offered Resolution Nos. 2002R-174 and 2002R-175 for adoption. RESOLUTION: 2002R-174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 2001- 00399. (EXHIBIT A) RESOLUTION: 2002R-175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (RECLASSIFICATION NO. 2001-00063) Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes - O. Motion carried. Mayor Daly asked how many homes could be built on the 2.7 acres on the north side of Lincoln Avenue, at 3119 - 3169 West Lincoln Avenue. Director Fick stated that it depended upon the ultimate design and site development of the 2.7 acres of total land area, with roughly 10 to 13- units per acre, would create a maximum number of approximately 35-units. Mayor Daly noted that if the general plan amendment and reclassification were approved, any specific project would require entitlements and a future decision by the Council and there was nothing automatic about what could be built there, regardless of density. Director Fick said that they would. Director Stipkovich pointed out the City owned the property and it would need to be sold and Council would need to approve whom it would be sold to. Mayor Daly offered Resolution Nos. 2002R-176 and 2002R-177 for adoption. RESOLUTION: 2002R-176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT -r ..... .._....... .._.__.~'N.~__.,,_. .,____ ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23, 2002 PAGE 33 OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 2001- 00400. (EXHIBIT A) RESOLUTION: 2002R-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (RECLASSIFICATION NO. 2001-00064) Council Member McCracken said if the Council chose not to change the zoning and general plan amendment, the properties that the City owned, were monies that had come from housing set-aside. She said that it seemed that the Council had indicated that the properties would be sold to the highest bidders and they could not be used for other things unless other monies in the budget could be found to hold them while a commercial developer was found and housing monies for park. Director Stipkovich stated that the one property the City owned and that had been purchased was the Silver Moon and other arrangements needed to be made because it was purchased with housing dollars. The other pieces that had been negotiated and the City had an agreement to purchase it and had not closed on the property and she was not aware of any other dollars to purchase it. She said that Community Development might need to reconsider and return to Council to see if they wanted to purchase it. Council Member McCracken asked about the Banner Carpet property and Director Stipkovich said that it had all been purchased with City dollars and had all been taken care of. Council Member McCracken said that the City would end up with a police station and gymnasium next to commercial property. Director Stipkovich said that was correct and that incorporated the Melody Mobile Home Park site as well. Council Member McCracken asked if the Americana would continue to exist there and if the City was not selling it, if someone else would need to buy it if the City could not find money to buy it. Director Stipkovich was not sure what would be done at this point. Mayor Daly said that maybe the Beach Boulevard frontage was not the best for housing and staff had described, in detail, their efforts to explore other opportunities on that site. He said that Council Member McCracken had reminded everyone that some of the land had been purchased with housing money and if the City did not allow housing at the site, other funds would need to be found to go ahead and buy the properties. Council Member Feldhaus asked if the item could be set aside or continued for judgment to get an opportunity to do due diligence in bringing commercial to the site. Director Fick said it could be. Council Member Feldhaus noted that Council had not heard any positive comments for residential development and there needed to be a window of time for investigation to find some commercial businesses that would be interested in the property. Council Member Feldhaus moved, seconded by Council Member Kring, to continue General Plan Amendment No. 2001-00400. ......"....~ ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23,2002 PAGE 34 Mayor Daly said he was comfortable with the continuance and that there were still questions that needed answers and he suggested pursuing the commercial or office viability of some of the parcels and he agreed with Mr. Stave ley regarding housing on Beach Boulevard. He said that he could not recall any successful housing projects on Beach Boulevard, there was some nice housing projects that were set back far from the street. Before plunging into housing, he said that Council needed to see other successful examples of housing since Beach Boulevard was almost a freeway with similar traffic volumes. The demand for housing in Orange County was strong and that people would buy houses there, but whether that was a good decision or land use was another question, he added. He requested that the police station and youth center be separated out since those required a general plan amendment. Director Fick stated that it could be done and could be called the adoption of an amended Exhibit A and would just have the designations of police station and youth center. Mayor Daly asked if Council approved a general plan amendment to allow a police station and a gymnasium on the parcels, would there be anything to prevent, if a commercial development or a more comprehensive development came along, that it be general plan amended again. Council Member Feldhaus said he did not want to give up the police station or the gymnasium. Mayor Daly said he thought that if Council approved the police station and still not foreclosed the possibility of a commercial development there. Council Member McCracken said she was concerned the same as Council Member Feldhaus. She said that it was a narrow piece of land and that the building could be placed on there lengthwise and there needed to be a length of property. She said she had heard that there was no residential and that a motel had been taken down and a second one was also being taken down as well as a trailer lodge, and across the street was all mobile homes. She noted that the whole block, approximately one-mile, was residential. Mayor Daly pointed out that motels were commercial properties. Council Member McCracken agreed that motels were commercial properties and most of them were long-term residential. Mayor Daly asked if it was suitable for single-family housing and said it may have been in the 1950's or 1960's for motels and mobile home parks but was it suitable in the year 2002 for single-family homes He emphasized that tremendous progress had been made and if a feasible other use could not be found, then the Council may be trying to design the best possible housing that worked for the site. He said with added sound walls and to make sure that the windows did not face Beach Boulevard. He suggested continuing the general plan amendment for 30-days. Council Member Tait said he would support any continuance and he said Lincoln Avenue and Beach Boulevard were two of the busiest streets in the City and it was a natural commercial use and to make it single-family residential did not fit. He said he would vote against the reclassification. Council Member Feldhaus said that in north Buena Park and La Mirada there were townhouses on both sides of Beach Boulevard and they were set back 35 to 40-feet and they had sound ."-'rU- ......,........,.....~._""--. ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23, 2002 PAGE 35 walls along them. South, past Trask on Beach Boulevard, he noted, the same thing would be found until way into Huntington Beach and then there was commercial on the street. Mayor Daly asked to vote on the general plan amendment for the segment on the Police and youth center and Director Fick suggested that Council would consider an Amended Exhibit A with the designation for the police station. City Attorney White stated that the resolution could be offered with the modified Exhibit A and it would only be for the police station. Mayor Daly offered Resolution Nos. 2002R-178 and 2002R-179 for adoption approving General Plan Amendment 2001-00396 with a modified Exhibit A, which included the police station and youth center portions of the general plan amendment and the portion of the corresponding reclassification. RESOLUTION: 2002R-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 2001- 00396. (AMENDED EXHIBIT A) RESOLUTION: 2002R-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (RECLASSIFICATION NO. 2001-00060) Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes - O. Motion carried. Mayor Daly noted that Council Member Feldhaus had made a motion, seconded by Council Member Kring, to continue the general plan amendment and reclassification. Council Member Feldhaus said assuming that staff was to proceed with the youth center, he asked what stage the youth center was in to begin construction. City Manager Morgan said that staff was looking to start by the end of the calendar year. Council Member Feldhaus asked how much time it would take for research and come back to Council and the community and let them know what else could be done. Director Stipkovich said that to be fair, since efforts had been made to look at other land uses there and it had not been fruitful, a 30-day continuance would not be sufficient and staff would need more time to look at viable land uses. She said although Community Development had been working with the property owner for a long time, a lot of the issues that they had were in signing the purchase and sale agreement and were to do their internal problems with a trust and some complicated title. She said she thought that they were anxious to have the City either buy the property or they may need to make some other decisions. As far as land use, she said, and working with the property owner in the future, it would take a while to look at bringing in another developer to look at other land uses and she said she believed that there would be a window where a lot more time was spent and mayor may not have control of the site and need to deal _ ,- _,.. .~, '_H'___ ANAHEIM CITY COUNCIL MEETING MINUTES JULY 23, 2002 PAGE 36 with that in the future. She said she could not respond for property owner and she did not know how long they were willing to continue to hold on. Council Member Feldhaus asked if there were commercial developers who would be willing to make a commercial investment and Director Stipkovich said that Community Development had spoken to many commercial developers and had been working on the West Gate site which was 30-acres of development to the north. She said she thought at least 60-days would give Community Development some time to come back to Council with a status report and she could not guarantee that within 60-days there would be a developer ready to buy the site for commercial. She added that 60-days would be safe to say that Community Development would really make an effort and to see if there were any other viable land uses there. Council Member Feldhaus moved to continue the remaining portions of General Plan Amendment 2001-00396 and Reclassification No. 2001-00060 for gO-days, seconded by Council Member Kring. Motion carried unanimously. Mayor Daly asked how many acres remained to act on since the police and gym sites were acted upon. Director Stipkovich said that there were about four acres, plus the gas station, which was about one-half acre. Report on Closed Session Actions: None. Council Communications: Council Member Kring requested an update on the Philadelphia Street closure. She noted that the drought had caused coyotes to be sited at Pearson Park and warned residents to keep an eye on small pets. Adjournment: There being no further business to come before the City Council, Mayor Daly adjourned the meeting at 8:20 P.M. Respectfully submitted: ~~ Sheryll Schroeder, CMC/AAE City Clerk -,.- ..