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2002/09/10ANAHEIM, CALIFORNIA- CITY COUNCIL MEETING SEPTEMBER 10, 2002 The City Council of the City of Anaheim met in regular session. PRESENT: Mayor Tom Daly, Council Members: Frank Feldhaus, Lucille Kring and Shirley McCracken. Council Member Tom Tait was absent. STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, City Clerk Sheryll Schroeder. A copy of the agenda for the meeting of the Anaheim City Council was posted on September 6, 2002 at the City Hall inside and outside bulletin boards. Mayor Tom Daly called the regular meeting to order at 3:35 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. ADDITIONS/DELETIONS TO CLOSED SESSION: None. PUBLIC COMMENTS - CLOSED SESSION ITEMS: None. Mayor Daly moved to recess to Closed Session at 3:36 P.M. Motion carried unanimously. 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 al., Orange County Superior Court Case No. 76-32-58. 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. 01CC09320. 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 al., U.S. Bankruptcy Court No. 02-40846-cb (SDNY). 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. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Vista Media Group, Inc. v. City of Anaheim, Orange County Superior Court Cases Nos. 814050 and 00CC08157. ANAHEIM CITY COUNCIL MEETING MINUTES SEPTEMBER 10, 2002 PAGE 2 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 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Agency designated representative: David Hill Employee organization: IBEW, APA ANAHEIM REDEVELOPMENT AGENCY: CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: 290 South Anaheim Boulevard, Anaheim, California Agency negotiators: Joel Fick, Elisa Stipkovich Negotiating parties: Anaheim Redevelopment Agency and Dan Hell Under negotiation: Price and terms CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: 428 South Melrose; vacant BNSF RR parcel in the 400 block of South Vine Street; 207-211 and 215 W. Santa Ana Street; and 431 South Lemon Street, Anaheim, California Agency negotiators: Joel Fick, Elisa Stipkovich Negotiating parties: Anaheim Redevelopment Agency and Celso and Delores Silva; Burlington Northern Santa Fe Railway Company; Estate of Robert L. Bennewitz Under negotiation: Price and terms 119 AFTER RECESS: Mayor Daly called the regular Council meeting of September 10, 2002 to order at 5:25 P.M. and welcomed those in attendance. INVOCATION: Moment of silence FLAG SALUTE: Council Member Lucille Kring PROCLAMATIONS AND DECLARATIONS: Proclaiming September 17-23, 2002, as Constitution Week, which was accepted by Marilyn Skinner, Mojave Chapter, California State Society, National Society Daughters of the American Revolution. Recognitions (To be presented at a later date): Proclaiming September 23-29, 2002, as Race Equality Week Proclaiming September 2002, as National Alcohol and Drug Addiction Recovery Month Proclaiming September 20, 2002, as Developmental Disabilities Day ANAHEIM CITY COUNCIL MEETING MINUTES SEPTEMBER 10, 2002 PAGE 3 ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS: James Robert Reade, Anaheim, spoke about the hiring practices of the Police Department. Ada Torres, President of the Hotel and Restaurant Employees Union, addressed Council concerning recent contract negotiations with ARAMARK, the food and beverage contractor at the Convention Center. She asked Council to intervene on behalf of the employees. Four people spoke regarding recent contract negotiations with ARAMARK and asked for Council's assistance in obtaining a fair contract. Mayor Daly said he would ask the City Manager to monitor the negotiations and keep the Council apprised. Don Meyers, Economy Rentals, Anaheim, spoke about the left turn lane in front of his business on Lincoln Avenue, which is being closed. He said he had a letter from the City Engineer that explained that the existing left turn lane 200 feet east of his property and a left turn arrow at Euclid to return would not accommodate a truck to turn He said he felt it would cause more accidents. Mayor Daly explained that the City Manager would keep the Council apprised of the progress and the communications regarding the project and that the staff would stay in communication with the residents. City Manager, Dave Morgan, said staff would contact Mr. Meyers. He added that the project was moving along and it would be a great improvement for the City and that the City had been working with the residents and businesses to try to resolve their issues. He added he would provide the Council with an overall status report. Ran Mylar, Anaheim, provided information on the Alzheimer's Association. Mr. Lopez spoke on behalf of the Anaheim American Legion, Post 72, asked if the Legion would be posting the colors for the City's September 11th memorial. City Manager Morgan said Assistant City Manager Wood would contact Mr Lopez regarding the plans for September 11th. Gary Byre, Anaheim, said he was representing the Lincoln Terrace Apartments and surrounding businesses on Lincoln Avenue regarding the improvement project. He presented a petition against the re-stripe lanes on Lincoln Avenue. Diana Sheppard, Anaheim, spoke in opposition to a recent Code change to Section 18.06.050.011. She said that the newly adopted ordinance would prohibit her from improving her property by adding another bedroom. She added that staff had contacted her to explain that the City had complaints about cars parking on the street, which was the purpose of the ordinance. ANAHEIM CITY COUNCIL MEETING MINUTES SEPTEMBER 10, 2002 PAGE 4 Joel Fick, Executive Director of Planning and Community Development, explained that the focus of the issue was related to parking, there were some neighborhoods that requested the City enact the ordinance, because the City cannot regulate the number of people living within a single family home and the City was getting requests for additions that would provide some homes with eight or nine bedrooms, which created overcrowding of people and cars on the street. He said the item came to the Planning Commission from citizen requests. Mayor Daly asked Mr. Fick to explain the process of adding a fifth bedroom to a four-bedroom house with a two-car garage. Mr. Fick said it depended on the zoning of the property in terms of set backs and heights. He suggested that if there were particular concerns that made it problematic, there were provisions within variance requirements to make requests like that. Ms. Sheppard said staff had explained that to her. She indicated that she was told it would take 3 months to review the application and in 3 months time, it could cost over $20,000 more to build a room addition. She said she did not understand why it would take 3 months. Mr. Fick offered to work with the homeowner and in terms of processing, there were legal mandates and legal advertising deadlines for the Planning Commission and appeal periods for the Council and he said as far as staff time, they would be willing to expedite time frames in processing the application. John Funk, Fullerton, business owner of Skyline Display of Orange County, asked the Mayor to extend his appreciation to the Anaheim Fire and Police Departments. He explained that he was in New York a month before the terrorist attack and captured a picture of the World Trade Center towers. He turned that photograph into a lithograph, he explained, and presented the City with the lithograph. 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 - A28: On motion by Mayor Daly, seconded by Council Member McCracken, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Mayor Daly moved, seconded by Council Member Feldhaus, to continue Item A14 to September 24, 2002. Mayor Daly offered Resolutions Nos. 2002R-198 through 2002R-201and Ordinance Nos. 5824 through 5828 was introduced for first reading. Motion carried unanimously. 118 128 156 105 Al. A2. Reject certain claims filed against the City. Receive and file the Monthly Financial Analysis Report presented by the Finance Director for one month ended July 31, 2002; the Crime and Analysis Report for July 2002; and minutes of the Mother Colony House Advisory Board meeting held May 3, 2002. ANAHEIM CITY COUNCIL MEETING MINUTES SEPTEMBER 10, 2002 PAGE 5 169 A3. Award the contract to the lowest responsible bidder, GMC Engineering, Inc., in the amount of $511,104, for the Ball Road Improvements from Walnut Street to Flore Street and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 174 A4. Authorize the Director of Public Works to accept an appropriation increase of grant funds from the State of California, Department of Conservation, Division of Recycling, in the amount of $190,812, to fund beverage container recycling activities. 123 A5. Approve the First Amendment to Agreement with Stadler, Shober & Kline, Inc., dba Pacific Relocation Consultants, in an amount not to exceed of $100,000 annually, for relocation consulting services. 174 A6. RESOLUTION NO. 2002R-198 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM to continue a Disadvantaged Business Program for all projects in the City of Anaheim receiving United States Department of Transportation funding and establishing a disadvantaged business enterprise goal of 10% for the federal fiscal year ending September 30, 2003. 158 A7. RESOLUTION NO. 2002R-199 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed No. 10551). 176 A8. RESOLUTION NO. 2002R-200 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. ABA2001-00044, a portion of Atchison Street extending southerly from east Broadway and a portion of a public alley located between Atchison Street and Kroeger Street). 176 A9. RESOLUTION NO. 2002R-201 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. 2002-00055, 5441 La Palma Avenue). 160 Al0. Accept the Iow bid of National Flare Company, Inc., in an amount not to exceed $70,631 (excluding tax), for flares for the period of September 15, 2002 through September 14, 2003 with three one-year renewal options and authorize the Purchasing Agent to exercise renewal options in accordance with Bid #6307. 123 All. Accept the Iow bid and authorize the execution of an agreement with L.A. Cha Maintenance Company, in an amount not to exceed $1,545,457, for a two year agreement for custodial services beginning October 1, 2002 with five one-year renewal options and authorize the Purchasing Agent to execute any renewal options in accordance with Bid #6311. 160 A12. Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase order to Motorola, Inc., in the amount of $55,317.88 plus freight (including tax), for ten 800 MHz digital portable radios and associated equipment for the Police Department. 160 A13. Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase order to RFL Electronics, Inc., in the amount of $26,670 (excluding tax), for communication channel modules. ANAHEIM CITY COUNCIL MEETING MINUTES SEPTEMBER 10, 2002 PAGE 6 123 142 123 123 123 174 153 123 123 142 A14. Approve the agreement with Electronic Data Systems for the support and maintenance of the City's information services, authorize the Finance Director to execute all service enhancement requests and amend the Finance Department's budget by increasing expenditure and revenue appropriations by $582,938. Mayor Daly indicated that Council Member Tait wished to have the item continued to provide further review. A15. ORDINANCE NO. 5823 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Section 1.09.052 to Chapter 1.09 of Title 1 of the Anaheim Municipal Code, and repealing Ordinance No. 5819, relating to Political Reform (slate mailers). Council Member Kring thanked the City Attorney for bringing forward the new ordinance amending the previously adopted ordinance regarding slate mailers. A16. Approve a Memorandum of Understanding with Anaheim Family YMCA for the Anaheim Achieves After-School Collaborative. A17. Approve the First Amendment to Agreement with Western Youth Services to provide continued individual, youth and group counseling to Anaheim residents who do not have access to health insurance, employee assistance programs or private therapists. A18. Approve an agreement with Unique Management Services, Inc., dba Unique National Collections, to renew a contract for assistance in material and fine recovery. A19. Authorize the Police Chief to accept the fiscal year 2002 Local Law Enforcement Block Grant from the U.S. Department of Justice, Bureau of Justice Assistance. A20. Approve the 2003 Health and Welfare Plan Rates for ancillary health and life insurance products and authorize the Human Resources Manager to execute all required renewal documents. A21. Approve and authorize the Public Utilities General Manager to execute the agreements with Bechard Long & Associates, Inc., Dahl Taylor & Associates, Berg Power Engineering, Inc., Black & Veatch, Orsa Consulting, FaithCom, Inc., Stanley Consultants, Inc., Harp Engineering, Inc., Herman Weissker, Inc., Burns & McDonnell, and Electrical Consultants, Inc. for professional engineering services to the Public Utilities Department. A22. Approve and authorize the Public Utilities General Manager to execute the agreements with ClVILTEC Engineering, Inc., DMC Engineering, KFM Engineering, Inc., The Keith Companies, Inc., Merit Civil Engineering, Inc., Van Dell & Associates, Inc. and Willdan for professional civil engineering services and/or easement/land acquisition services to the Public Utilities Department. A23. ORDINANCE NO. 5824 .(INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2002-00073). 142 142 142 142 ANAHEIM CITY COUNCIL MEETING MINUTES SEPTEMBER 10, 2002 PAGE 7 A24. ORDINANCE NO. 5825 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2002-00074). A25. ORDINANCE NO. 5826 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2001-00044). A26. ORDINANCE NO. 5827 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2001-00045). A27. ORDINANCE NO. 5828 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2001-00046). 114 A28. Approve minutes of the Council meeting held August 6, 2002. 179 END OF CONSENT CALENDAR Item B1 From the Zoninq Administrator Meeting of Au,qust 22, 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 SEPTEMBER 11, 2002: B1. ADMINISTRATIVE ADJUSTMENT NO. 2002-00221 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Pelican Investments LLC, 8 Canyon Rim Newport Beach, CA 92657 AGENT: Truc Trong Le, 8 Canyon Rim, Newport Beach, CA 92657 LOCATION: 2265 West Lincoln Avenue. Property is 0.89-acre located at the northeast corner of Lincoln Avenue and Monterey Street. Waiver of minimum number of parking spaces to construct an addition to an existing commercial building in the CL (Commercial, Limited) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 2002-00221 approved (ZA2002-027). 179 Items B2 throu.qh B5 From Plannin.q Commission Meetin.q of Au.qust 26, 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 SEPTEMBER 10, 2002: B2. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2002-04569 INITIATION OF RECLASSIFICATION NO. 2002-00082 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Tawa Anaheim Plaza, 6281 Regio Avenue 179 179 ANAHEIM CITY COUNCIL MEETING MINUTES SEPTEMBER 10, 2002 PAGE 8 Buena Park, CA 90620 Milan Properties, LLC, 617 North Euclid Street, Anaheim, CA 92801 AGENT: HAS, Attn: Randy Gordon, 6409 Independence Woodland Hills, CA 91367 LOCATION: 601-697 North Euclid Street, Property is approximately 10.6 acres located at the northwest corner of Crescent Avenue and Euclid Street. Conditional Use Permit No, 2002-04569 - Request to permit the division of tenant spaces within an existing commercial retail center to create five (5) additional retail units with waiver of minimum number of parking spaces. Initiation of Reclassification No. 2002-00082 - Request to initiate reclassification proceedings from the CL and CG zones to the CL zone. ACTION TAKEN BY THE PLANNING COMMISSION: Waiver of Code Requirement approved (6 yes votes, Commissioner Romero absent). Conditional Use Permit No. 2002-04569 granted (PC2002-125). Approved, by motion, initiation of Reclassification No. 2002-00082. B3. CONDITIONAL USE PERMIT NO. 2002-04576 AND NEGATIVE DECLARATION: OWNER: Spieker Properties, L. P., 19600 Fairchild, # 285 Irvine, CA 92612 Equity Office Properties, 2400 East Katella Avenue, Suite 580 Anaheim, CA 92806 AGENT: Cingular Wireless, Attn: Mark Rivera, 2521 Michelle Drive Irvine, CA 92780 LOCATION: 180 North Riverview Drive. Property is approximately 3.6 acres having a frontage of 170 feet on the northwesterly side of Riverview Drive located 319 feet north of the centerline of Santa Ana Canyon Road. Request to permit a roof-mounted telecommunications antenna and accessory roof- mounted equipment in the Scenic Corridor Overlay Zone. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2002-04576 granted (PC2002-126) (5 yes votes, Commissioner Koos abstained and Commissioner Romero absent). B4. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2002-04586 AND NEGATIVE DECLARATION: OWNER: Foundry C. Anaheim, 1001 Compton Avenue Corona, CA 92879 Car Core Inc., 1314 North Anaheim Boulevard, Anaheim, CA 92801 AGENT: Philip L. Anthony, 14101 La Pat Place, Unit 10 Westminster, CA 92683 LOCATION: 125 East Commercial Street. Property is approximately 3 acres located north and east of the northeast corner of Anaheim Boulevard and Commercial Street. Request to permit a recycling business with waivers of a) required parking lot landscaping, b) required structural setback abutting an arterial highway and c) minimum landscape and structural setback adjacent to a freeway right-of-way to construct an industrial building. ACTION TAKEN BY THE PLANNING COMMISSION: Wavier of Code Requirement approved (6 yes votes, Commissioner Romero absent). Conditional Use Permit No. 2002-04586 granted (PC2002-127). Negative Declaration approved. 134 ANAHEIM CITY COUNCIL MEETING MINUTES SEPTEMBER 10, 2002 PAGE 9 REPORTS AND RECOMMENDATIONS: BS. GENERAL PLAN CONFORMITY NO. 2002-00019- REQUEST TO DETERMINE ONFORMANCE WITH THE ANAHEIM GENERAL PLAN: County of Orange Health Care Agency, Thurman Hodges, 405 West 4th Street, Room 610, Santa Ana, CA 92701, request to determine conformance with the Anaheim General Plan for the proposed lease of office space to the County of Orange Health Care Agency. Property is located at 2035 East Ball Road. ACTION TAKEN BY THE PLANNING COMMISSION: Determined General Plan Conformity No. 2002-00019 to be in conformance with the Anaheim General Plan (6 yes votes, Commissioner Romero absent). (Note: This item has a 22-day appeal period ending September 17, 2002 and a 40-day statutory time limitation period ending September 18, 2002). RESOLUTION NO. 2002R-202 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the Waiver of Notice of Lease by the County of Orange of certain property located in the City of Anaheim (to provide behavioral health counseling services). Mayor Daly moved to approve the Resolution. Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus and Kring. Noes - 0. Absent - 1, Council Member TaR, Motion carried. Regarding Item B5, Mayor Daly asked Mr. Fick to look at the signage clutter at State College and Ball in anticipation of the new lease. Mr. Fick said representatives of the County were in attendance and hearing the comments and staff would follow up with them the following day. 175 6:00 P.M. PUBLIC HEARINGS: C1. A public hearing creating Underground District No. 46, Santa Ana Street, Phase 1. The project will facilitate the under grounding of overhead utilities along Santa Ana Street, between Claudina and about 600 feet west of Harbor Boulevard. Staff noted it should be completed by February of 2004, construction to start in August of 2003. Daly opened the public hearing. King spoke in support of the project. Daly moved to introduce and adopt the Resolution. RESOLUTION NO. 2002R-203 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM creating Underground District No. 46 (Santa Ana Street Phase I) Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus and Kring. Noes - 0. Absent - 1, Council Member Tait. Motion carried. Mayor Will B. Mayor ANAHEIM CITY COUNCIL MEETING MINUTES SEPTEMBER 10, 2002 PAGE 10 Report on Closed Session Actions: City Attorney White announced that the Anaheim Redevelopment Agency had approved the following agreements for the acquisition of real property: Purchase and Sale Agreement with Celso and Dolores Silva in the amount of $425,000 for purchase of property at 428 S. Melrose Street, Anaheim, CA; Purchase and Sale Agreement with Burlington Northern and Santa Fe Railway Company in the amount of $845,000 for purchase of vacant property in the 400 block of South Vine Street, Anaheim, CA; Purchase and Sale Agreement with estate of Robert L. Bennewitz in the amount of $525,000 for purchase of property at 207-211 and 215 W. Santa Ana Street and 431 South Lemon Street, Anaheim, CA He noted the vote on the above items was all ayes, Council Member Tait absent. Council Communications: Mayor Daly invited everyone to a September 11th commemoration to be held at City Hall East at 8:30 AM. He announced the groundbreaking ceremony for the West Anaheim Youth Center and Police Station to be held September 13th at 10:00 AM at 320 S. Beach Blvd. Council Member McCracken announced a patriotic concert and tribute to firefighters and police officers to be held on September 14th at Pearson Park. Council Member Feldhaus announced a ribbon cutting ceremony he attended at the Canyon Hills Pop Warner scoreboard dedication. Adjournment: There being no further business to come before the City Council, Mayor Daly adjourned the meeting at 6:35 P.M. Respectfully submitted: f ShewII Schroeder, CMC City Clerk