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1998/04/28ANAHEIM, CALIFORNIA- CITY COUNCIL MINUTES, April 28, 1998 The City Council of the City of Anaheim met in regular session. PRESENT: PRESENT: ABSENT: PRESENT: MAYOR: Tom Daly COUNCIL MEMBERS: Shirley McCracken, Tom Tait, Bob Zemel COUNCIL MEMBERS: Lou Lopez CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl EXEC. DIRECTOR, COMMUNITY DEVELOPMENT: Lisa Stipkovich PLANNING DIRECTOR: Joel Fick DEPUTY PLANNING DIRECTOR: Mary McCIoskey SENIOR PLANNER: Cheryl Flores COMMUNITY SERVICES SUPERINTENDENT: Steve Swaim REDEVELOPMENT & PROPERTY SERVICES MANAGER: Rob Zur Schmiede A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:25 p.m. on April 24, 1998 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall) containing all items as shown herein. Mayor Daly called the meeting to order at 3:05 p.m. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there were no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Closed Session items. The following items are to be considered at the Closed Session. CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Dave Hill Employee organization: Anaheim Police Association, Anaheim Fire Association, and IBEW Local 47. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existing Litigation: Name of case: Delmonico, et al. v. City of Anaheim, et al. (and 18 related cases) Orange County Superior Court Case No. 70-80-71. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existing Litigation: Name of case: Melugen vs. City of Anaheim, Orange County Superior Court Case No. 77-50- 97. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 28, 1998 RECESS: Mayor Daly moved to recess into Closed Session. Council Member Tait seconded the motion. MOTION CARRIED.(Council Member Lopez absent.) (3:07 p.m.) AFTER RECESS: Mayor Daly called the regular Council meeting of April 28, 1998 to order at 5:12 P.M. and welcomed those in attendance. INVOCATION: Monsignor Wilbur Davis, St Boniface Catholic Church gave the invocation. FLAG SALUTE: Council Member Tom Tait led the assembly in the Pledge of Allegiance to the Flag. PRESENTATION - RECOGNIZING RECIPIENTS OF THE ANAHEIM COMMUNITY FOUNDATION'S HELPING HANDS FUNDS: Terry Lowe, Recreation Superintendent first gave a status update of the Helping Hands Program which was established by the City Council in 1976 and ultimately in order to make the program successful it was later recommended the Anaheim Community Foundation become a partner by receiving and distributing the funds. In the first year, the program raised $50,000. He then introduced Sarah Alevizon, President of the Anaheim Community Foundation to explain the process used to allocate the funding and how the funds have and will impact the community of Anaheim. Sarah Alevizon, President, Anaheim Community Foundation. In the first year, the ACF developed criteria for receiving grants and conducted a competitive grant process. She also explained how the $50,000 was allocated ($10,000 to help pay utility bills and emergency assistance and the remainder allocated to 24 groups.) After explaining the details of the process, she asked representatives of those organizations who were recipients of the grants (allocations) to stand and be recognized as she announced each of the organizations. In concluding, she noted that the donations generously made by the citizens of Anaheim through their utility bills have made the 1998 Helping Hands allocations possible all of which will have a positive effect on the Anaheim community. She stated that the best days of the program are yet to come and this is only a start. Mayor Daly. He recalled when Mrs. Alevizon brought the idea forward which was embraced by the City Council. City staff was subsequently asked to implement the program. He thanked all those involved. The Council agrees the best days of the program are yet ahead. 119: PROCLAMATION: The following proclamation was issued by Mayor Daly and authorized by the City Council: Hire-a-Veteran-Week in Anaheim, May 3 - 9, 1998 Mr. Rod Harford, State of California, Employment Development Department accepted the Proclamation. He noted that the Council Members and the citizens of the City have always wholeheartedly supported this effort. He expressed his appreciation and thanks. RECOGNITION OF CHIEF BOWMAN AND EMPLOYEES OF THE ANAHEIM FIRE DEPARTMENT: Mayor Daly. He feels this is a good point in the meeting to call everyone's attention to an important matter. Yesterday, many employees of the Fire Department took a group action to show solidarity with a ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 28, 1998 member of the City's Firefighters who has lukemia to help him through this difficult time. Fire Chief Bowman was part of that group action. He thereupon acknowledged the Chief who was present in the Chamber audience sporting a shaved head. The Mayor commented he felt it was important for everyone to see the visible change. He then asked that the Chief convey their support for the Firefighter. RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: PROCLAMATION recognizing October 3, 1998, as Paint Orange County Purple Day. PROCLAMATION designating the month of May, 1998, as Water Awareness Month in Anaheim DECLARATION recognizing Wolden Multimedia Institute for their adult training programs. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,665,423.91 for the period ending April 13, 1998 and $3,752,362.36 for the period ending April 20, 1998, and $4,749,668.94 for the period ending April 27, 1998 in accordance with the 1997-98 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Anaheim Public Financing Authority meetings. ( 5:26 p.m.) Mayor Daly reconvened the City Council Meeting ( 5:31 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST Patrick Kelly, Business Representative, Local 952. They have several thousand members in Anaheim. They represent the drivers in a trucking company that does a lot of work for the citizens of Anaheim. It is a division of Republic Industries, CVT Taormina. He asked one of the drivers (Toby) to address the Council. Mr. Tivotobar (sp), 1130 W. Gage, Fullerton. He has been working for the company (CVT Taormina) for 18 years as a truck driver. They have a contract with the City to haul rubbish to the Brea-Olinda Landfill. The company is growing so big and powerful they have merged with Republic Industries. The truck drivers have been having some very hard times with the company. There have been no raises in the last 2 1/2 years. He is speaking for all the truck drivers. He does not think they are being fair with them. Patrick Kelly. They have been in collective bargaining for two years. They do business with the City. He urged that the City take a look at what is going on and see that they get a speedy resolution of their contract negotiations. They are a key and integral part of the rubbish removal and recycling in the County. They are the recycling company and trucker for the citizens. Whatever action the Council can take to help them resolve the issues, they would appreciate it. Duane Roberts, Anaheim Homeowners to Maintain their Environment. He expressed thanks to Council Member Lopez for attending the town hall meeting that took place April 13, 1998 regarding the Police response to two motorcycles that were knocked down in the Jeffrey-Lynne area. He also thanked Council Member McCracken and others of this body for their concern. Also thanks to Police Chief ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 28, 1998 Gaston and Lt. Chavez for attending. It was a very positive meeting with over 14 community organizations represented. Positive dialogue was begun between the community and the Police Department. There was a smaller follow-up meeting to discuss policing plans for the Jeffrey-Lynne area with a Community Policing plan beginning May 15, 1998. They are pleased but still interested in resolution of the Internal Affairs investigation and ask that this be made public. Francisco Ceja, United Neighborhoods, LULAC Council #3016, Jeffrey/Lynne Neighbors, P.O. Box 8126, Anaheim. He is submitting a petition from Jeffrey-Lynne residents containing almost 400 signatures. (See letter dated April 28, 1998 from Francisco Ceja for Jeffrey/Lynne Neighbors to the Mayor and City Council Members attached to which were signed petitions stating, "We are strongly opposed to any elimination or ban of parking in the streets of our neighborhood. We are also opposed to the elimination of (the) playground in the area. The present playground is insufficient for the needs of the children in the community. Parking only on Audre (after eliminating the playground) and Ninth streets is not in the best interest of the community.") He also read the letter (made a part of the record), the last paragraph of which asked that the City halt all plans for a "no parking" ban in the area untill the residents have an opportunity to review it and give their input. They suggest Saturday, May 9, 1998 as an appropriate time to come to Jeffrey/Lynne to present the information to the residents. PUBLIC COMMENTS - AGENDA ITEMS: Public Input was received on Items A27, A39 and A40. See discussion under those items.. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of April 28, 1998. Council Member Zemel seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A46: 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 agenda; Mayor Daly offered Resolutions Nos. 98R-67 through 98R-73, both inclusive, for adoption. Mayor Daly offered Ordinance Nos. 5629 and 5630 for adoption. Refer to Resolution/Ordinance Book. A1. 118: Rejecting and denying certain claims filed against the City. Referred to Risk Management. The following claims were filed against the City and actions taken as recommended: a. Claim submitted by Richard Pfeiffer for bodily injury sustained purportedly due to actions of the City on or about September 18, 1997. b. Claim submitted by Astrid Walls for property damage sustained purportedly due to actions of the City on or about November 30, 1997. c. Claim submitted by Martha Kay Ross-Burns for property damage sustained purportedly due to actions of the City on or about December 4, 1997. d. Claim submitted by Martin Victoria for property damage sustained purportedly due to actions of the City on or about January 24, 1997. e. Claim submitted by Zoraida Emener for property damage sustained purportedly due to actions of the City on or about September 17, 1997. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 28, 1998 f. Claim submitted by Robert Darbyshire for property damage sustained purportedly due to actions of the City on or about February 17, 1998. g. Claim submitted by Peter P. Provino, Joseph H. Provino for property damage sustained purportedly due to actions of the City on or about February 9, 1998. h. Claim submitted by Abel Garcia, c/o Richard R. Hurley Esq. for property damage and bodily injury sustained purportedly due to actions of the City on or about March 18, 1997. i. Claim submitted by Lorena Garcia c/o Richard R. Hurley, Esq. for bodily injury sustained purportedly due to actions of the City on or about March 18, 1997. j.. Claim submitted by Maria Garcia c/o Richard R. Hurley esq. for bodily injury sustained purportedly due to actions of the City on or about March 18, 1997. k. Claim submitted by Oscar Mauricio Linares, c/o Richard R. Hurley Esq. for bodily injury sustained purportedly due to actions of the City on or about March 18, 1997. I. Claim submitted by Miguel A. Vasquez, c/o Richard R. Hurley Esq. for bodily injury sustained purportedly due to actions of the City on or about March 18, 1997. m.. Claim submitted by Raffi Jananian for property damage sustained purportedly due to actions of the City on or about January 20, 1998. n. Claim submitted by Sterling Casualty Insurance for David Torres (Claim No. 403120-38) for property damage sustained purportedly due to actions of the City on or about January 19, 1998. o. Claim submitted by Javier Garcia for bodily injury and property damage sustained purportedly due to actions of the City on or about February 2, 1998 p.. Claim submitted by Fireman's Fund Insurance Co. for Sunrise Mobility (Claim No. 680-97- 571627) for bodily injury sustained purportedly due to actions of the City on or about September 5, 1997. q. Claim submitted by Anna Marie D'Alessandro c/oFrank D. Polito, Esq. for bodily injury sustained purportedly due to actions of the City on or about September 23, 1997. r. Claim submitted by Thomas C. Schober for property damage sustained purportedly due to actions of the City on or about March 11, 1998. s. Claim submitted by Jose Arturo Ferreras, Jr. c/o Law Office of Dennis Gauhan for bodily injury sustained purportedly due to actions of the City on or about September 29, 1997. t. Claim submitted by Aida Daroca-Llort for property damage sustained purportedly due to actions of the City on or about March 12, 1998. A2. 140: Receiving and filing minutes of the Anaheim Public Library Board meeting held March 4, 1998. 173: Receiving and filing a notice (filed before the Public Utilities Commission of California of application from Robert W./Ronda K. Menke dba By The Sea Charter to do a round trip schedule pick-up service by reservation from San Diego County to Orange County (Disneyland, Knotts Berry Farm), and Los Angeles County (Universal Studios). ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 28, 1998 102: Receiving and filing minutes of the Orange County Vector Control District Board of Trustees 616th meeting held March 19, 1998. 105: Receiving and filing minutes of the Investment Advisory Commission special meeting held November 12, 1997. 163: Receiving and filing Resolution No. 29-97-98 from the Board of Education of the Orange Unified School District to increase Statutory School Fees imposed on new residential and commercial/industrial development projects pursuant to Education Code Section 17620 ("Fee Increase Resolution"). 105: Receiving and filing minutes of the Budget Advisory Commission meeting held March 26, 1998. 156: Receiving and filing the Anaheim Police Department Crime and Clearance Analysis for the month of March, 1998. 175: Receiving and filing from the United States of America before the Federal Energy Regulatory Commission Docket No. ER98-211-000 from California Independent System Operator Corporation; Docket Nos. ER98-210-002 and ER98-1729-001 from California Power Exchange Corporation; Docket No. ER98-462-000 from Southern California Edison Company; and Docket Nos. ER98-556-002 and ER98-557-002 from Pacific Gas and Electric Company, regarding a Trial Staff's Comments In Support of Offer of Settlement. 128: Receiving and filing the Monthly Financial Analysis for eight months ended February 28, 1998, as presented by the Finance Director. 117: Receiving and filing the Investment Portfolio Report for the month of March, 1998, as submitted by the City Treasurer. A3. A4. A5. A6. A7. 150: Awarding a contract to the lowest responsible bidder, Green Giant Landscape, Inc., in the amount of $76,060 for Willow Park Play Area; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. 150: Awarding a contract to the lowest responsible bidder, Hondo Company, in the amount of $81,540 for Eucalyptus Park Play Equipment; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. 150: Awarding a contract to the lowest responsible bidder, Excel Paving Company, in the amount of $553,772 for La Palma Avenue Street Improvement from Yorba Linda Boulevard to Fairmont Boulevard; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. 158: Approving the Acquisition Agreement for real property located at 1770 South Garden Drive (R/W 5220-11) - Katella Avenue Smart Street Improvement Project; authorizing the Mayor and City Clerk to execute said Agreement; and authorizing the acquisition payment of $165,000 to Grover Escrow. 158: Approving the Acquisition Agreement for real property located at 1771 South William Miller Drive (R/W 5220-13) - Katella Avenue Smart Street Improvement Project; authorizing the Mayor and City Clerk to execute said Agreement; and authorizing the acquisition payment of $154,000 to Grover Escrow. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 28, 1998 A8. A9. A10. All. A12. A13. A14. A15. A16. A17. A18. A19. 164: Approving Contract Change Order No. 1, in the amount of $35,000 in favor of Beecher Construction Co. for I-5 Freeway Sewer Relocation Improvements - Segment A-9. 123: Approving Cooperative Agreement No. C-96-288 Amendment No. 1 with Orange County Transportation Authority for the Stadium Rail Station. 170: Approving the Final Map of Tract No. 15072 and the Subdivision Agreement with Kaufman and Broad Coastal, Inc. Tract No. 15072 is located at Running Springs Drive and Heatherwood Road, and is filed in conjunction with Specific Plan No. 88-2. 123: Approving Joint Use Agreement #SER64417A with Southern California Edison Company for the purpose of setting a steel pole on Haster Street south of Katella Avenue as part of Underground District No. 18 (in connection with the Katella Avenue Improvement and Beautification project). 124: Approving an Escrow Agreement for Security Deposits In Lieu of Retention, accepting security deposits offered by Hensel Phelps Construction Company to be held by City National Bank throughout construction of the Anaheim Convention Center Enhancement project - Step II, and authorizing the City Engineer to execute said Agreement on behalf of the City. 158: RESOLUTION NO. 98R-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL PROPERTIES OR INTERESTS THEREIN TO THE CITY. (R/W 5250) RESOLUTION NO. 98R-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL PROPERTIES OR INTERESTS THEREIN TO THE CITY. (R/W 5225, ETC.) 160: Accepting the bid of R. L. Nygren G.E.C., in an amount not-to-exceed $28,968.50 (including tax and a 15% contingency) for the removal of two underground fuel tanks, and the installation of two above ground fuel tanks, in accordance with Bid #5776. 160: Accepting the low bid of Adamson Industries, in an amount not-to-exceed $60,000 for flares as required for the period July 1, 1998, through June 30, 1999, with three one-year optional renewals; and authorizing the Purchasing Agent to exercise renewal options, in accordance with Bid #5791. 160: Accepting the low bid of The Okonite Company, in an amount not-to-exceed $89,775 for 100,000 feet of 15KV underground distribution power cable, in accordance with Bid #5770. 160: Accepting the low bid of McMahan Business Interiors, in the amount of $190,596.30 for furniture for the new Anaheim Community Center and Your Center/Gymnasium, in accordance with Bid #5779. 160: Accepting the low bid of Pirelli Cables & Systems North America, in an amount not-to- exceed $146,519.94 for 8,000 feet of 750 KCMIL aluminum and 4,200 feet of 500 KCMIL copper underground primary cable in accordance with Bid #5773; and accepting the low bid of The Okonite Company, in an amount not-to-exceed $100,952.25 for 7,000 feet of 1000 KCMIL aluminum underground primary cable, in accordance with Bid #5773. 160: Waiving Council Policy No. 306, and authorizing the Purchasing Agent to issue a Purchase Order to Supra Products, in an amount of $31,300 for an electronic padlock security system for the Utilities Electric field. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 28, 1998 A20. 160: Authorizing the Purchasing Agent to exercise the second year renewal option to Uniform Center, in an amount not-to-exceed $215,000 for police uniforms and equipment, as required for the period July 1, 1998 through June 30, 1999, in accordance with Bid #5543. A21. 160: Authorizing the Purchasing Agent to exercise the final renewal of the Purchase Order to Ken Thompson, Inc., in an amount not-to-exceed $327,600 for sewer and storm drain repair for a period of one year, commencing July 1, 1998, in accordance with Bid #5395. A22. 149: ORDINANCE No. 5629: (ADOPTION) REPEALING PROVISIONS OF CHAPTER 14.32 OF TITLE 4 AND ENACTING NEW PROVISIONS OF CHAPTER 14.32 PERTAINING TO PARKING IN PUBLIC PARKING LOTS. (INTRODUCED AT THE MEETING OF APRIL 7, 1998, ITEM A32.) A23. 123: Approving legal services agreement with Derek G. Johnson, and authorizing the City Attorney to execute said agreement on behalf of the City. A24. RESOLUTION NO. 98R-69: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (I) APPROVING THE WELFARE-TO-WORK PLAN; (11) DESIGNATING THE ANAHEIM PRIVATE INDUSTRY COUNCIL AS THE ADMINISTRATING AGENCY FOR WELFARE-TO-WORK PROGRAM FUNDS, AND (111) AUTHORIZING THE EXECUTION OF WELFARE-TO-WORK PROGRAM DOCUMENTS. A25. 126: Approving the Coordinated Services Strategy between the Employment Development Department and the Anaheim Service Delivery Area for Fiscal Year 1998 - 2000. (Job Training Program/Community Development.) A26. 116: Approving the JTPA Job Training Plan for Program Years 1998/99 and 1999/00, and authorizing the Mayor to execute the Plan in conjunction with the Anaheim Private Industry Council. A27. Approving the FY 1998-99 funding requests for federal CDBG, HOME, and ESG funding; authorizing the Executive Director of the Community Development Department to prepare and execute the required documents, and authorizing the City Manager to execute the FY 1998-99 Service Agreements approved up to $25,000 under the CDBG, HOME, and ESG Programs, in accordance with City Council approved funding allocations. Bob Cashman, 2100 E. Orangewood, Anaheim. He is present as Chairman of the Private Industry Council (PIC) who for the last three years has provided job training and educational opportunities for over 120 high risk youth residing in the four neighborhood council areas. They have requested that the Community Development Block Grant (CDBG) Youth Program be continued. He explained that PIC "dropped the ball" and this year did not appear at the CDBG hearings. The request was submitted, but a PIC representative did not appear to make comments and the requested allocation was not granted. He is asking that the Council take a second look and see if there is a way to reinstate the program which is administered by PIC and totally accountable for its results. The grant in each of the last three years has been $200,000. It is a good investment to make these high risk youth productive members of the community. He then introduced Mr. Tom Kurtz, Director of the North Orange County Regional Occupation Program (NOCROP) who operates the program for the PIC. Tom Kurtz, Director, NOCROP, 2360 W. LaPalma, Anaheim. He is wearing several hats - as a member of PIC, an educator and Superintendent of NOCROP but more importantly an advocate for youth in the Anaheim community. ROP has worked cooperatively with PIC over the last three years and have had a very successful program for high risk youth identified in targeted neighborhoods. It is an investment in human capital -- young people often in very disadvantaged environments. It teaches responsibility and assists them in their self-esteem, set their own goals, get jobs and launch their career. He recommends that the City Council consider granting the $200,000 as they have done the last three years. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 28, 1998 Mayor Daly. There are a number of items on the agenda dealing with the Job Training Programs and there is also a Welfare-to-Work item on the agenda. He asked Mr. Kurtz if he was asking this allocation be made this evening or to keep it in mind for future allocations; Mr. Kurtz. They are asking both -- to consider continuing the allocation and also in the future. Present funding goes through June 30, 1998. It is Item A27. There was a lot of support when the CDAB (Community Development Advisory Board) met but it did not get through that recommendation. Mr. Kurtz then introduced two of the students in the program (Shannon Rader and Anna Placencia) who relayed their positive experiences as participants in the program, how much it has helped them and how much it means to their future. Seferino Garcia, Solevat. They have worked for many years trying to develop their neighborhoods and for several years in one area called the Walnut area. He is asking their support for that neighborhood and also the Diamond-Pearl area. That area has been left out for over 17 years. After the survey was conducted, it is now going to become a target area with the Council's support. Also, relative to the budget, they feel this year not only did PIC drop the ball but also CDAB dropped the ball. He proposed the project three years ago and $200,000 was allocated to hire youth in the area. They feel that this project has proven itself time and again. On behalf of Solevat and the Anaheim Colony, the neighborhood he represents, he is asking that they continue funding this project. Another thing, next year when the budget is being worked on by the Community Services Board, Community Development Advisory Board and the Parks and Recreation Commission or whoever is involved, the organizations requesting funds should disclose the money they get from other sources before additional funding is allocated. Lisa Stipkovich. The Job Training Program (JTP) has been funded over the last two years under Community Development Block Grant (CDBG). This is a portion of the program. It links the economic development businesses they have been dealing with specifically to the target neighborhoods of block grant. Unfortunately, although there was support at some neighborhood council levels, when it got to the wider citizens participation organization, CDAB, with the many decisions they had to make, the program was not funded. There is a member that sits on the board, a PIC representative, who was not at the meeting the night the voting took place. She believes those were the issues raised. It was just a matter of how that citizen-wide board voted this year in terms of the funding levels and unfortunately this program was not recommended for funding. City Manager Ruth. There are other employment programs for youth in which the City is involved. Mrs. Stipkovich. This is an additional program and there are many items on the agenda tonight that relate to the JTP. This is something they would still like to see funded but it is not going to eliminate or in anyway diminish the regular programs they operate in terms of job training. MOTION. Council Member Zemel. He would like to have an opportunity to meet with commissioners and staff members and members of the public. He thereupon moved for a one-week continuance of this item. Council Member Tait seconded the motion. Mayor Daly asked staff if there was a scheduling problem; Mrs. Stipkovich clarified there was no problem as long as the application was submitted to HUD by May 15, 1998. A vote was then taken on the foregoing motion. Council Member Lopez was absent. MOTION CARRIED. A28. 139: Approving the recommended positions on the following legislative proposals according to the City's 1998 Legislative Program, and communicate their position to appropriate representatives in Sacramento and Washington D.C. (Continued from the meeting of April 7, 1998, Item A33.) ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 28, 1998 1) SUPPORT - SB 1405 (Lee) regarding the public safety aspects of security bars (burglar bars) that present a fire or public hazard. 2) SUPPORT - AB 1368 (Villaraigosa) and SB 1857 (Brulte) regarding funding for alternative fuel and energy efficient programs. 3) SUPPORT - HR 3181 (Sanchez) regarding the authorizing for background checks of potential caregivers to seniors and the elderly. Council Member Zemel. He had asked that certain items be continued to this meeting. Relative to SB1405, he has no problem supporting that as recommended by staff. Relative to AB 1368 and SB 1857, this is a program which will take any leftover State surplus funds and that the money be used for alternative feul consumption funding and efficiency programs. He would not spend the funds that way. Council Member Zemel. He is going to move to oppose AB 1368/SB 1857 rather than support as recommended by staff. He will, however, be supporting HR 3181. MOTION: Council Member Zemel moved the following: that the Council Support SB 1405, oppose AB 1368/SB 1857 and support HR3181. Council Member Tait seconded the motion. Before a vote was taken, Mayor Daly stated he was going to support the staff recommendations including AB 1368/SB 1857. He suggests that the items be voted upon separately. MOTION: Council Member Zemel moved to support SB 1405 as recommended by staff. Mayor Daly seconded the motion. Council Member Lopez was absent. MOTION CARRIED. MOTION: Council Member Zemel moved to oppose AB 1368/SB 1857. Council Member Tait seconded the motion. Before a vote was taken, Mayor Daly stated he disagrees. A vote was then taken on the foregoing motion and failed to carry by the following vote: Ayes: Tait, Zemel. No: McCracken, Daly. Absent: Lopez Council Member Zemel suggested a motion that the City not take a position on this part of the recommendation; Mayor Daly suggested that it be continued for full Council action. MOTION: Mayor Daly moved to continue action on AB 1368/SB 1857 for one week for full Council action. Council Member Zemel seconded the motion. Council Member Lopez was absent. MOTION CARRIED. MOTION: Council Member Zemel moved to support HR 3181 as recommended by staff. Mayor Daly seconded the motion. Council Member Lopez was absent. MOTION CARRIED. A29. A30. RESOLUTION NO. 98R-70: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM IN SUPPORT OF INCREASED FUNDING FOR THE FISCAL YEAR 1998-99 OF THE ARMY CORPS OF ENGINEERS CIVIL WORKS CONSTRUCTION PROGRAM. RESOLUTION NO. 98R-71: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM IN SUPPORT OF FUNDING OF THE STATE FLOOD CONTROL SUBVENTION FUNDING FOR FISCAL YEAR 1998-99. 123: Finding that the City of Anaheim's participation in the Central and Coastal Subregion Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP) is Categorically Exempt from environmental review pursuant to Section 15307 of the State CEQA Guidelines; 10 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 28, 1998 approving the City of Anaheim's participation in the NCCP/HCP; and authorizing the Mayor to sign the NCCP/HCP Implementation Agreement on behalf of the City. (Recommended for approval by Planning Commission at their meeting of April 13, 1998.) Council Member Tait. He is concerned about the effect on property rights of property owners in the planned area who might not wish to participate and what effect this will have on those rights. Joel Fick, Planning Director. The NCCP program before the Council tonight is a program that is strictly voluntary for land owners to participate in or future developers within the project area. The program was developed by Orange County in 1996. Staff participated in the development of the program and has been working with the Planning Commission in giving periodic updates. What it does, and Irvine, County of Orange, Tustin and the City of Orange have agreed to enter into the program as well as some of the major land owners in the County. It affords them an additional tool to voluntarily choose to participate in a program to mitigate habitat displaced by development. It is voluntary and supportive by the land owners affected by the program. Council Member Tait. He is satisfied as long as it is voluntary. A31. 106: Increasing revenues for Department 417 (Maintenance Services) in Fund 675 (Facility Rental) by $700,000; and increasing expenditures in Fund 675 by $900,000; and increasing expenditures in Agency 996 (Insurance), Fund 674 (General Insurance Fund) by $1,100,000. A32. 106: Amending the Stadium/Convention Center budget to increase expenditure appropriations for the FY 1997/98 budget by $450,000 in account number 570-515-5203-7825 for additional costs to renovate the Juliette Low School facility. Council Member Tait asked for additional information relative to this item. City Attorney White. This is perhaps the last item that has to be resolved relative to the 1978 agreement that brought the Rams (football team) to Anaheim. As part of that agreement, the City was obligated to find and pay for a practice field where the Rams would be able to conduct their training and practice during football season. He then briefed the discussion contained in staff report dated March 10, 1998 to the City Manager/City Council from Greg Smith, Stadium/Convention Center General Manager, Subject: Juliette Low School Renovations, which explained the details and provisions of the agreement. It provided that the City would be obligated to return the facility to its 1978 condition for use as a school facility. The City originally anticipated certain improvements that were installed would not be required to be removed by the school district such as the air conditioning and other amenities. However, the district, in order to meet their needs and State codes, required those improvements to be removed and the property returned to its 1978 condition. This action will fulfill a contractual obligation to the school district. A portion is to be paid for by the Rams and they are continuing to pay for their share. The Rams are actually doing the work and the City is reimbursing the contractor through the Rams for the City's portion. Council Member Tait. He surmises then that the City has no choice and also, by State code, the City has to make the improvements; City Attorney White stated that the City is contractually obligated for the renovations. Relative to the latter, he does not have an answer. Perhaps it could have been less but they had the right to require this amount to be done. The work is in progress and it is more than one half done. There were many discussions with the District staff and a presentation made to the District Board by their staff. As it turned out, they wanted the work done. City Manager Ruth explained for Council Member Tait that it would be paid for out of the Stadium reserve account; City Attorney White confirmed that one contractor was selected to do all the work at a total cost of $1.5 million and the $450,000 is the City's portion. He also confirmed for Council Member Zemel that the City is still receiving annual payments from the Rams (required to be paid the City when 11 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 28, 1998 the team moved to St. Louis). The City has a Letter of Credit to support that and the Rams are on time with all their payments. A33. 106: Increasing the Fire Department 1997/98 budget plan revenue projections by $470,244 and expenditure allocations by $470,244. A34. 106: Amending the Fiscal Year 1997-98 JTPA Budget increasing revenues and expenditures in Fund 220 in the amount of $759,011. (Community Development.) A35. 123: Approving an Agreement between the Anaheim Area Credit Union and the City of Anaheim which authorizes the Anaheim Area Credit Union to advertise on a panel within the Anaheim Convention Center and to install an automated teller machine at the Arena Box Office. A36. 152: Authorizing the Convention Center General Manager to negotiate and approve, and the City Attorney to approve the form of, tenant agreements for the use of the Anaheim Convention Center during the Convention Center Enhancement Project Construction Period which agreements may differ from the standard form agreements. A37. 123: Approving the Amendment between Nicoletti Marketing/Communications and the City of Anaheim which will extend the term of the current Agreement for a one year period from May 1, 1998, through April 30, 1999. A38. 181: Approving an expenditure of $5,000 to support the Anaheim Arts Council for the 6th Annual Children's Art Festival at Centre Street Promenade on May 30, 1998. A39. 123: Approving an Agreement with Coro Southern California, in an amount not to exceed $31,275 to provide leadership training to Anaheim residents in neighborhood improvement programs. Jeff Kirsch, 2661 W. Palais, Anaheim. This recommendation left him cold from an ideological point of view -- to spend tax money and select people from the community and put them through a program to train them as spokesmen. If they are going to spend money to achieve a better community, perhaps it would be better spent for education to all residents and not just a few. City Manager Ruth. That is part of the $500,000 Neighborhood Development Program. If they are going to go out and work with the citizens within the community, they need to develop leadership within those neighborhoods not only to identify issues and work with the staff, but also to have ongoing leadership once the improvements are completed and to assure the community that leadership is there to work with the other citizens in that area. Council Member Zemel. It appears the money is going to be spent which will help people to learn how to apply for services. City Manager Ruth. That is one aspect. It is to provide develop leadership within those neighborhoods to provide stability in those neighborhoods. Steve Swaim, Community Services Superintendent. There are 17 or 18 neighborhoods they have been working with. Often times people rise to the top who are budding leaders. This is to provide them with skills and education to help them understand what leadership is all about -- how the City operates, how school districts operate, how to prepare an agenda, run a meeting, etc. Council Member Zemel. He is going to oppose this recommendation. He thereupon moved that the Council not approve the subject agreement. Council Member Tait seconded the motion. 12 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 28, 1998 Before any action, Mayor Daly stated he believes this item deserves to be heard by a full Council. He asked Mr. Swaim, of the 18 neighborhoods where training would be focused, how far along are they in their leadership efforts or if anything at all has been done. Steve Swaim. This involves people who want to become leaders in their neighborhoods. He then gave some examples for the Mayor of how this program would assist in specific neighborhoods where staff is now working. They do not want to have to continue providing support. It is important to transition the program to the neighborhoods but the individuals will need the skills to do so before the transition can be accomplished. Council Member McCracken. In other parts of the City, there are homeowner's associations with professional staffs that assist the homeowners through the management company. They are able to give the individuals involved the necessary training. Individuals in the neighborhood improvement programs do not have that kind of assistance. They do not want staff to stay in those neighborhoods and continue to solve the problems. They discovered when they pulled the Police out of a neighborhood, the individuals do not even have the skills to continue with a safety program. Long range, this leadership training will benefit the City. It is cheaper to have people trained in the 18 neighborhoods to carry on rather than to have staff do so. This is grant money to reduce staff members. Council Member Tait. He is not saying it is not needed but perhaps it is something staff can do. He sees more pressing needs and priorities than something like this. He would also support a continuance. Mayor Daly. If they were to bring in an outside group of experts, he believes Coro of Southern California is a great choice. They have a long and distinguished track record of training people in problem solving and analyzing public policy programs. MOTION. Mayor Daly moved to continue Item A39. for one week for full Council action and for staff to provide additional information as well as a few illustrations on how the program will assist. Council Member McCracken seconded the motion. Before a vote was taken, Mayor Daly stated he is certainly inclined to support the recommendation. He feels it is an investment that will pay dividends in the future to address problems before they become more serious. A vote was then taken on the foregoing motion of continuance. Council Member Lopez was absent. MOTION CARRIED. A40. 124: Authorizing the City Manager to reimburse the Visitors and Convention Bureau for costs associated with media relations and public information efforts during the construction of the Anaheim Resort. Jeff Kirsch, 2661 W. Palais, Anaheim. The staff report indicates this proposal will not affect the General Fund. He asked if the CRA area monies were not used for this, would that money not be available to put into the General Fund. This is almost $100,000 a year or about $1,000 a week. He asked what they are going to receive for that amount of money. City Manager, James Ruth. Answering the Mayor, he explained this is a one-time expense and transfer of money. That money is dedicated to the Anaheim Resort Area derived through the 2% increment in the TOT tax. It cannot be spent for anything else. It is necessary to improve communication programs to all residents, not just commercial and retail and certainly the citizens within the surrounding areas being impacted by that development. They needed to accelerate that effort and have requested the allocation for the expenditure. A41. 137: ORDINANCE NO. 5630: (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING AN INSTALLMENT PURCHASE AGREEMENT. (INTRODUCED AT THE MEETING OF APRIL 7, 1998, ITEM A37.) 13 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 28, 1998 A42. 123: Approving License Agreement OC-150 with the Orange County Transportation Authority (OCTA) to retain the telecommunications cable in OCTA right-of-way; and authorizing the Public Utilities General Manager on behalf of the City, to execute the License Agreement and to take any and all actions to administer the License, including termination as provided by its terms. A43. 175: RESOLUTION NO. 98R-72: A 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. 71R-478 AND MOST RECENTLY AMENDED BY RESOLUTION 95R-207. (EFFECTIVE MAY 1, 1998, FROM .6143 TO .3100 CENTS PER KILOWATT HOUR, AS RECOMMENDED BY THE PUBLIC UTILITIES BOARD AT THEIR MEETING OF APRIL 16, 1998.) A44. 123: Authorizing the Human Resources Director to enter into an Agreement between the City of Anaheim and Intracorp to provide City of Anaheim employees with a Nurse Advice Line and related services and materials. A45. 153: RESOLUTION NO. 98R-73: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR CLASSIFICATIONS ASSIGNED TO THE GENERAL UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION. (EFFECTIVE MAY 1, 1998, FOR THE CREATION OF TWO NEW CLASSIFICATIONS IN THE FIRE DEPARTMENT.) A46. 114: Approving minutes of the Anaheim City Council meeting held April 7, 1998. END OF CONSENT CALENDAR. MOTIONS CARRIED. Mayor Pro Tem Lopez absent. Roll Call Vote on Resolution Nos. 98R- 67 throuclh 98R-73, both inclusive, for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: Lopez The Mayor declared Resolution Nos. 98R-67 through 98R-73, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance Nos. 5629 throuclh 5630, both inclusive, for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMSBERS: McCracken, Tait, Zemel, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: Lopez The Mayor declared Ordinance Nos. 5629 through 5630, both inclusive, duly passed and adopted. A47. 105: PRIVATE INDUSTRY COUNCIL APPOINTMENTS: Appointing one new member from the Private Sector Category for a four year term; and also appointing one new member from the Public Sector Category for a four year term. Submitted was report dated April 28, 1998 from the Executive Director of Community Development, Lisa Stipkovich recommending appointments to the Anaheim Private Industry Council (PIC) of one new member from the Private Sector Category, Chart A (attached) for a four-year term and one new member from the Public Sector Category, Chart B (attached), also for a four-year term. MOTION. Mayor Daly moved that the appointment of a private sector representative to PIC be continued one week for full Council action, but that an appointment be made to the public sector category since only one name was submitted, Judy Tanasse. Council Member Tait seconded the motion. Council Member Lopez was absent. MOTION CARRIED. 14 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 28, 1998 Ms. Judy Tanasse was thereupon appointed to the Private Industry Council, public sector category, for a four-year term with appointment to the private sector category continued one week. A48. 105: APPOINTMENT TO THE PLANNING COMMISSION: Appointment to the Planning Commission to fill the vacancy of Julie Mayer, term expires June 30, 1998. This matter was continued from the meetings of March 24 (A15.) and April 7, 1998 (A42.) to this date. MOTION: Mayor Daly moved to continue the appointment to the Planning Commission for one week. Council Member Zemel seconded the motion. Council Member Lopez was absent. MOTION CARRIED. A49. 105: RESIGNATION FROM THE PUBLIC UTILITIES BOARD: Accepting a letter of resignation from Robert E. Lawson as member of the Public Utilities Board (letter dated April 1, 1998) and directing the City Clerk to post a notice of vacancy. (Lawson term expires June 30, 1999.) MOTION. Council Member Zemel moved to accept the resignation of Robert E. Lawson from the Public Utilities Board and directing the City Clerk to post a notice of the vacancy. Council Member McCracken seconded the motion. Council Member Lopez was absent. MOTION CARRIED. REQUEST FOR REHEARING: B1. 179: VARIANCE NO. 4319, CATEGORICALLY EXEMPT, CLASS 5: OWNER: Leif and Mitzi Christensen, 2845 East South Street, Anaheim, CA 92806 LOCATION: 2845 East South Street. Property is 0.17 acre located on the north side of South Street, 560 feet west of the centerline of Rio Vista Street. Waivers of minimum front yard setback and minimum side yard setback to retain an existing 144 square foot wood trellis attached to the garage, and a 126 square foot patio cover in the side yard. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4319 DENIED (PC98-2) (6 yes votes, 1 absent). Categorical Exemption, Class 5 DENIED. Informational item at the meeting of January 27, 1998, Item B2. Letter of appeal submitted by the owner, Leif Christensen. At a public hearing held March 17, 1998, Item D1, the Anaheim City Council denied Variance No. 4319 (Resolution No. 98R-51). Request for reheating submitted by the owner, Leif Christensen. MOTION. Mayor Daly moved to deny the subject request for a reheating submitted by Mr. Leif Christensen. Council Member Tait seconded the motion. Council Member Lopez was absent. MOTION CARRIED. B2. REQUEST FOR REHEARING: 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3999 AND NEGATIVE DECLARATION: OWNER: Peter Lawrence Dunkel, Cheryl Jean Dunkel, Larry S. Dunkel, and Sarah P. Dunkel, 2475 West La Palma Avenue, Anaheim, CA 92801. AGENT: Caster Group L.P., Attn: Tom Kearney, 4607 Mission Gorge Place, San Diego, CA 92120. LOCATION: 2475 W. La Palma Avenue. Property is 3.7 acres located on the north side of La Palma Avenue, 980 feet west of the centerline of Gilbert Street. To permit a 161,800 square foot, 1 and 2-story self-storage facility including an existing 50,000 square foot warehouse building with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: 15 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 28, 1998 CUP NO. 3999 GRANTED (PC98-21) (6 yes votes, 1 absent). Approved waiver of code requirement. Approved Negative Declaration. Informational item at the meeting of February 24, 1998, Item B5. Letter of appeal submitted by Norman W. Schlitz. At a public hearing held March 24, 1998, Item D1, the Anaheim City Council denied CUP NO. 3999 (Resolution No. 98R-55). Request for reheating submitted by the agent, Caster Group L.P. Mayor Daly asked if a request for reheating can be continued; City Attorney White answered, yes. MOTION. Council Member Tait moved to deny the subject request for a reheating submitted by the agent for Caster Group L.P. Council Member Zemel seconded the motion. Council Member Lopez was absent. MOTION CARRIED. D1. PUBLIC HEARING - ADMINISTRATIVE ADJUSTMENT NO. 135 CATEGORICALLY EXEMPT, CLASS 1: OWNER: Independent Development Co., Inc., 1216 North Tustin Avenue, Orange, CA 92867 AGENT: Raymond Sharpe, 615 Mission Avenue, Oceanside, CA 92054 LOCATION: 1701 - 1731 West Katella Avenue. Property is approximately 2.6 acres located at the northwest corner of Euclid Street and Katella Avenue. Waiver of minimum number of parking spaces to construct an automated teller machine kiosk. ACTION TAKEN BY THE ZONING ADMINISTRATOR: APPROVED Administrative Adjustment No. 135 (ZA DECISION NO. 98-07). HEARING SET ON: Review of the Zoning Administrator's decision was requested by Council Members Lopez and McCracken at the meeting of March 24, 1998, Item B4. and public hearing set for this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News- April 16, 1998. Mailing to property owners within 300 feet - April 16, 1998. Posting of property - April 17, 1998 Mayor Daly noted that the property owner requested a continuance of the Public Hearing until May 12, 1998; City Attorney White also clarified that this was the first request for a continuance and he has advised in the past, if the applicant asked for a continuance in good faith, it is advisable that the request be granted. MOTION. Mayor Daly moved to continue the subject Public Hearing until May 12, 1998 as requested by the agent for the applicant, Raymond Sharpe, Sharpe & Associates in his letter dated April 21, 1998. Council Member McCracken seconded the motion. Council Member Lopez was absent. MOTION CARRIED. D2. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3680 AND NEGATIVE DECLARATION: OWNER: The Eli Home, Attn: Lord Galloway, Executive Director, 4530 East Chapman Avenue, Orange, CA 92869 LOCATION: 100 South Canyon Crest Drive - The Eli Home. Property is 0.22 acre located at the southeast corner of Santa Ana Canyon Road and Canyon Crest Drive. 16 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 28, 1998 To consider the modification or deletion of conditions of approval relating to the number of vehicle trips, on-site and off-site parking and guest visitations, and modification of the approved site plan to retain an existing wood fence along Santa Aria Canyon Road in conjunction with a previously-approved group home for abused children and their mothers. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3680 APPROVED with modified conditions of approval (PC98-22) (6 yes votes, 1 vacancy). Negative Declaration previously approved. HEARING SET ON: Review of the Planning Commission's decision requested by Council Members McCracken and Lopez at the meeting of March 3, 1998, Item B4, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News-April 16, 1998. Mailing to property owners within 300 feet - April 16, 1998. Posting of property - April 17, 1998 D3. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3680 AND NEGATIVE DECLARATION: OWNER: The Eli Home, Attn: Sonja Grewal, Executive Director, 4530 East Chapman Avenue, Orange, CA 92869 LOCATION: 100 South Canyon Crest Drive - The Eli Home. Property is 0.22 acre located at the southeast corner of Santa Ana Canyon Road and Canyon Crest Drive. To consider reinstatement of the conditional use permit to retain a group home for abused children and their mothers. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement for two years for CUP NO. 3680, to expire 4/2/00 (PC98-37) (6 yes votes, 1 vacancy). Negative Declaration previously approved. HEARING SET ON: Review of the Planning Commission's decision requested by Council Members McCracken and Lopez at the meeting of April 7, 1998, Item B9 PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News-April 16, 1998. Mailing to property owners within 300 feet - April 16, 1998. Posting of property - April 17, 1998 Mayor Daly first outlined the procedure to be followed for the Public Hearing which will combine both Item D2. and D3. which relate to the same property. He asked to first hear from staff. Mary McCIoskey, Deputy Planning Director briefed the staff report to the Planning Commission dated February 18, 1998. Regarding the requested actions, one involves an amendment to conditions of approval of Conditional Use Permit No. 3680 and the other involves the requested reinstatement of the Conditional Use Permit. She then briefed the modifications requested and subsequently made to the original conditions of approval (see Resolution 94R-243 - 30 conditions) as listed in Planning Commission Resolution No. PC98-22 dated February 18, 1998 (Condition Nos. 5, 13, 16 and 19 deleted in their entirety and Condition Nos. 6, 20, 21, 26 and 27 amended as listed in the resolution.) Planning Commission Resolution No. PC98-37 dated March 30, 1998 reinstated and amended certain conditions of approval of Conditional Use Permit No. 3680 which she also briefed. The CUP was reinstated for two years to April 2, 2000. Planning staff concurs with the exception of the two-year time frame. It is staff's feeling until the effectiveness of the amended conditions can be demonstrated, the CUP should be limited to a period of one year. 17 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 28, 1998 Before concluding, Mrs. McCIoskey reported that one additional complaint had been received since the March 30, 1998 Planning Commission meeting relative to an activity occurring at the Eli Home last Friday which involved off-site parking of two vehicles. There was also a notice from HUD of a complaint filed by the Eli Home alleging the City is discriminating against families and children. The complaint involved Condition Nos. 5, 6, 16 and 19. These are the same conditions under consideration tonight. The HUD action received by the City was dated April 7, 1998 and is subsequent to the Planning Commission's decision. She would, therefore, conclude they would still be challenging those conditions. Mr. Robert McFarland, Officer, Eli Home, Chapman Avenue, Orange. He requested a one-week continuance of the Public Hearing on both items (D2. and D3.) They were hoping for a full Council especially since Council Member Lopez was one of the Council Members who requested a review. Mayor Daly asked to hear from the City Attorney; City Attorney White stated the request is discretionary with the City Council. They have a choice of either continuing the matter or hearing it tonight. If for some reason the Council is unable to act this evening, Council Member Lopez would have the ability to view the video tape or listen to the audio tape and he would then be legally entitled to act upon the matter if postponed. Next Tuesday's Council agenda is already very heavy. Council Member Zemel. He noted there were 2-2 votes on some items on the consent calendar and potentially that could be the case with the Public Hearing(s). He feels it would be a good idea to wait for a full Council and it is a reasonable request. City Clerk Sohl noted that not only was May 5th a heavy Council meeting, but also May 12th. There are no Public Hearings scheduled on May 19, 1998 if that will work for the Council. MOTION. Council Member Zemel moved to continue the subject Public Hearings regarding the Eli Home to Tuesday, May 19, 1998. Council Member Tait seconded the motion. (Mr. McFarland concurred from the audience). Before a vote was taken, Mayor Daly posed questions which were answered by the City Attorney. Mr. White confirmed that the CUP had expired on April 2, 1998 based upon the date occupancy was taken. It was one year from occupancy and the temporary Certificate of Occupany issued April 2, 1997 has expired. Since the Eli Home applied prior to the expiration for a reinstatement and extension of the permit, it is not unusual to have a permit in process at the time it expires. The normal practice is to allow them to continue as long as the permit is in process. If it is continued, status quo would be maintained until the Council holds a Public Hearing and takes action. Mayor Daly asked how many were present in the Chamber audience regarding these Public Hearings; approximately 50 people raised their hands. Mayor Daly continued and stated he is reluctant to continue the matter when so many people are in attendance. He asked to hear from his colleagues relative to the choices they have as articulated by the City Attorney. It is customary when the applicant asks for a continuance, it is granted particularly the first request. He would not want to deny due process. Council Member McCracken. She acknowledges that many people are present today but if she was unable to be present at the Public Hearing, she would want to be heard and would feel it necessary to be heard. Council Member Zemel stated the people are entitled to speak to a full Council. A vote was then taken on the motion to continue the Public Hearing(s) to Tuesday, May 19, 1998. Council Member Lopez was absent. MOTION CARRIED. D4. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 356 RECLASSIFICATION NO. 97-98-16 18 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 28, 1998 TENTATIVE PARCEL MAP NO. 97-171 NEGATIVE DECLARATION AND REQUEST FOR CITY COUNCIL REVIEW: OWNER: Savi Ranch Associates, A General Partnership, Attn: William Krum, 2485 Natomas Park Drive, #350, Sacramento, CA 95833 AGENT: Michael E. Balsamo, 567 San Nicolas Drive, #208, Newport Beach, CA 92660 LOCATION: 8015-8095 East Crystal Drive. Property is 21.62 acres located on the west side of Pullman Street, 38 feet west of the centerline of Crystal. To redesignate this property from the General Commercial land use designation to the General Industrial land use designation. Reclassification No. 97-98-16 - to reclassify this property from the CL(SC) Zone to the ML(SC) Zone. Tentative Parcel Map No. 97-171 -to establish a 13-1ot industrial subdivision for the development of a 12-unit industrial complex. ACTION TAKEN BY THE PLANNING COMMISSION: (6 yes votes, 1 vacancy). Recommended approval of GPA NO. 356 to City Council (PC98-45). Reclassification No. 97-98-16 GRANTED (PC98-46). Tentative Parcel Map No. 97-171 APPROVED. Approved Negative Declaration. Approved request for City Council review. Scheduled for a City Council public hearing due to the General Plan Amendment PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News-April 16, 1998. Mailing to property owners within 300 feet - April 16, 1998. Posting of property - April 17, 1998 Cheryl Flores, Senior Planner, briefed the staff report the to the Planning Commission dated March 30, 1998. Mayor Daly. He has two areas in which he is interested, (1) the compatibility of the project with existing commercial and (2) the appearance of the proposed development as it relates to the scenic corridor, signage, landscaping, etc., and the visibility of the property. Cheryl Flores. This industrial subdivision will generate less trips than commercial uses. It is an irregularly shaped parcel west of Super K Mart and is well below the grade of the freeway with limited visibility. She is not certain that it will be visible from Yorba Regional Park on LaPalma. The buildings will be concrete tilt-up the height of which is comparable to the Super K Mart or 26 to 34' in height. Staff believes this project is compatible. Rob Zur Schmiede, Redevelopment and Property Services Manager. They feel with the landscaping review they have and the site plan that will come back to staff as well, they will have a good opportunity to be sure the landscape master plan they developed for the Anaheim portion of Savi Ranch will be followed in this development. It is difficult to hide buildings this size. There will be a landscape buffer along the river levy but the ability for that landscapint to fully block the buildings from view would be doubtful. The view from the freeway is more of a "snapshot" and one of the reasons this property has not turned commercial is the fact that it is difficult access. The triangular shape of the site is difficult to develop in terms of layout. Mayor Daly. His concern is the permanent view from the residential north of the river; Mr. ZurSchmiede reiterated there is a landscape buffer along the river levy; however, he does not think that landscaping, until it reaches fairly long maturity, will do much in the way of blocking. Mayor Daly. Perhaps they could consider asking the Planning Commission to take one more look at the landscaping plan as to how this will look from across the river. 19 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 28, 1998 Mr. Zur Schmiede. The landscaping plan will come back through their department. There is a master landscape plan that was developed with the SWA group. He confirmed it will be consistent with the K Mart property. Mayor Daly asked if they have the ability to add to the K Mart landscaping; Mr. Zur Schmiede stated that the opportunity to do so is gone. Council Member Tait. He agrees this would seem like industrial property because of the access but on the Yorba Linda side there is the Home Depot and Best Buy which is much worse access and visibility. He is wondering if they are cutting out a large retail market and perhaps are just a little shy of the market; Mr. Zur Schmiede then explained several things that came into play such as the recent retail proposals and developments in the area. It is a judgment call and they could make it either way. Council Member McCracken. She heard the comment made relative to the view of the people above the development on the north side of the river. She noted there is a park in between, Yorba Regional Park, which has grown to maturity with many trees and landscaping. Rob Zur Schmiede. When the K Mart project came through, there was quite a bit of discussion and comment from the neighbors in the tract to the north from LaPalma. After additional discussion relative to the view from the north, Mayor Daly opened the Public Hearing and asked to hear from the applicant. Applicant's Statement: Mr. Mike Balsamo, on behalf of the Clipper Companies, 567 San Nicolas Drive, Newport Beach. They believe this to be an ideal location because it is well buffered on all four sides. On the south side is the 91 freeway with a 40 to 50' slope. They feel they are even more secluded than the K Mart site and the buildings will not even be visible in the same way as they see K Mart. On the east side there is a 300' Southern California Edison easement that provides a significant buffer between them and the commercial property. The Santa Ana River is on the north side and Featherly Park on the other side of that which provides a good distance from any residential on the other side. There is a landscaped buffer on the rear side abutting the river. The tree species is a large tree which will grow 40' to 50' tall on maturity. They would like to work with staff to get the screen buffer the Council would like to see. They comply with all code requirements for the area. They have read and understood the conditions and have agreed with all of the conditions. They would like to obtain approval tonight. He is available to answer any questions. Mr. Zur Schmiede confirmed for the Mayor that there are no recommended or requested waivers to the City sign code. There being no further persons who wished to speak either in favor or in opposition, Mayor Daly closed the Public Hearing. Council Member Tait asked what efforts were made to market the property for retail or commercial use. Mr. Balsamo. It was industrial originally. It went to commercial and for years and years there has been a strong effort to try to get something on that property. Mayor Daly asked for clarification as to where the landscape plans would go from here. Cheryl Flores. They will go to the Planning and Community Development Departments for approval. Mayor Daly asked the developer, the Planning Commission approved a series of conditions and staff has final review but if they believe more screening is needed, is he comfortable including that in the approval this evening. 20 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 28, 1998 Mr. Balsam answered, yes, within reason; Mayor Daly. He does not know the exact approach the staff will take but he believes Mr. Balsam heard the Council's concern. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Mayor Daly, seconded by Council Member Zemel, the City Council approved the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. (Council Member Lopez absent). Mayor Daly offered Resolution Nos. 98R-74 and 98R-75 for adoption. Mayor Daly included the required findings and made the actions subject to the conditions contained in the April 7, 1998 staff report with landscaping plans to take into account screening from residential properties across the river. Refer to Resolution Book. Resolution No. 98R-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 356, EXHIBIT A. Resolution No. 98R-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING THAT THE ZONING MAP IN TITLE 18 SHOULD BE CHANGED.( Reclassification No. 97-98-16) Roll Call Vote on Resolution Nos. 98R-74 throuclh 98R-75, both inclusive, for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: Lopez The Mayor declared Resolution Nos. 98R-74 through 98R-75, both inclusive, duly passed and adopted. MOTION - TENTATIVE PARCEL MAP NO. 97-171: On motion by Mayor Daly, seconded by Council Member Zemel the Tentative Parcel Map No. 97-171 was approved as recommended. MOTION CARRIED. (Council Member Lopez absent.) Cl. 115: Request from Council Member McCracken to discuss POW-MIA flag either on special occasions or year round, and to consider an ordinance adding new Section 11.08.040 to Chapter 11.08 of Title 11 of the Anaheim Municipal Code relating to flagpole displays at the Anaheim Civic Center. (Continued from the meeting of April 7, 1998, Item Cl .) Council Member McCracken asked the City Attorney if it was preferable to put the ordinance in place and then decide how they are going to consider or implement it. City Attorney White. If the Council wanted to take the action relating to this particular flag and then consider the ordinance or vice versa would not make a difference. Council Member McCracken offered Ordinance No. 5361 for First Reading. AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION 11.08.040 TO CHAPTER 11.08 OF TITLE 11 OF THE ANAHEIM MUNICIPAL CODE RELATING TO FLAGPOLE DISPLAYS AT THE ANAHEIM CiViC CENTER. 21 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 28, 1998 MOTION. Council Member McCracken moved that the City display the POW-MIA flag on the flag pole at City Hall. Mayor Daly seconded the motion for purposes of discussion. City Attorney White asked if that was to be permanent or periodic. Council Member Tait. There was a discussion earlier relative to flying the flag on special holidays. He feels that might be more appropriate and significant. People would not get used to a flag flying all the time. He asked if Council Member McCrackn would consider amending her motion. Council Member McCracken. It is true, the flag in Washington, D.C. is flown at the National Cemetery and the National Vietnam Memorial and other places on certain days of the year; however, 18 cities in Orange County have voted to fly it year round. In recognition of those in the military service who have served and not returned, she believes at this time Anaheim should join the other 18 cities and fly it year round. Mayor Daly. They have a variety of choices. They can wait for a full Council and defer a decision until the ordinance is in place 30 days from next Tuesday. They can choose this evening to fly the flag year round or take Council Member Tait's suggestion and fly it during significant national veteran's oriented holidays or whichever days are designated. He agrees that it might be more significant to fly the flag on special holidays every year. Council Member Tait. He believes there was a list - Veterans and Memorial Day, July 4th - there were six or seven days. It seemed that would be more appropriate than every single day. Mayor Daly asked Council Member McCracken if she would like to think about the matter pending final adoption of the ordinance. Council Member McCracken. There is no need to make a decision tonight. She is willing to withdraw her motion and wait until the ordinance is passed and then move forward at that time which probably may be too late for Memorial Day. City Attorney White. If the ordinance is adopted next week, he sees no problem acting on the motion next week even though the 30 days will not have run on the ordinance. Council Member McCracken. She will withdraw her motion and offer it another time. She will give more thought to it and bring more information to the Council. C2. 179: LA ESTRELLA RESTAURANT: To consider a proposed resolution making certain findings of fact, and either terminating Conditional Use Permit No. 3421, or modifying the conditions of approval of Conditional Use Permit No. 3421 relating to the operation of a public dance hall in conjunction with a restaurant and cocktail lounge (the La Estrella Restaurant" located at 500 North Brookhurst). Council Member Zemel. The Council has the choice of accepting the facts and findings and offering their own decision or accepting the decision of the Hearing Officer. He thereupon offered Resolution No. 98R-76 for adoption adopting the findings of fact and based upon such findings of fact, terminating Conditional Use Permit No. 3421. Resolution No. 98R-76 179: RESOLUTION NO. 98R-76: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE FINDINGS OF FACT AND, BASED UPON SUCH FINDINGS OF FACT, TERMINATING CONDITIONAL USE PERMIT NO. 3421. 22 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 28, 1998 Roll Call Vote on Resolution No. 98R-76 for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: Lopez The Mayor declared Resolution No. 98R-76 duly passed and adopted. Council Member Zemel congratulated the Police Department and Code Enforcement for their work relative to this issue. He believes that City staff did everything right in this case and was aggressive. C3. REPORT ON CLOSED SESSION ACTIONS: There were no items to report from Closed Session. C4. COUNCIL COMMENTS: Council Member Zemel. They are heading into negotiations with the Anaheim Police Association and as part of the last negotiation, a housing program, and depending on its success rate either Council Member Tait or he will take credit for, offered a loan program for Police Officers to help them with a second trust deed to buy a home in Anaheim. With the talks coming up, he is interested in knowing if the program was successful or not. In order to make that determination about three weeks ago he asked the Council Assistant to ask the Police Chief or City Management staff to give him several pieces of information: (1) how many Officers had taken part in the program, (2) who the Officers were and their rank (seniority), (3) what area of the City as only determined by cross streets and not exact locations, (4) what cities they came from, (5) did any Officers move from within the City to another part of the City. The goal of the program was to help the City's neighborhoods by having role models and leaders living in those neighborhoods that need them. He got a "vanilla" response. A member of the public asked him if he was concerned that Council Member Lopez had used that program. Perhaps that is the reason he did not get the answers to his questions. He reiterated, he wanted this information to be prepared for upcoming talks and anything else staff might think he needs to determine if the program was successful or not. The second memo he got was that he would be contacted by City staff. He is basically asking for the information so he can be prepared for his meeting on Monday. Mayor Daly. He does not know if Council Member Zemel is asking the Council to support his request, but he feels staff should not disclose or should only disclose information consistent with the Council's need to set public policy if it somehow abridges the rights of a Police Officer or their privacy rights. It is up to the City Manager and City Attorney to guide them. He (Zemel) has a right to ask and they must respond in the best professional way. Council Member Zemel. He is not asking the Council for anything but he does think he deserves at least a reason why he can't have the information. If he can't have the information requested, he would like to see the statutes and policies that show him he can't have it. Mayor Daly. He asked privately for the information and is not happy with the response. The Council all received copies of the response and have the information he provided and now he is saying he wants additional information; Council Member Zemel stated he did not get the information he asked for. He is still asking for what he originally asked for or the reason he can't have it. Mayor Daly asked him (Zemel) if he asked the City Manager personally. Council Member Zemel answered he asked the Council Secretary to go to the right source and get the information and she reported back that the City Manager would not give any more than this and he would be contacted. He has not been contacted. 23 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 28, 1998 City Manager Ruth. There might have been a misunderstanding. The information he got was that Council Member Zemel had definitely requested specific addresses and also the addresses where they lived before. That is against the State law and there is legislation that they are not allowed to give that out. Obviously, staff was not going to violate that law. He wanted to know how many officers took advantage of the program which is 44. Their rank - they gave that. The area of the City - they gave the precincts of where the Officers lived and a map showing where they pumhased their homes in the general area. He asked about where they came from - he was given a list of every City. He is not sure what other information Council Member Zemel wants. The only thing he believes was asked for and they have not given, is the cross streets. Council Member Zemel. He looked at the map the City Manager sent him but he could not read it. That is why he asked for the cross streets, just the cross intersection. That does not even come close to an address. Perhaps the City Manager could work with the City Attorney. City Manager Ruth. He would be glad to do that. When this program was presented to the City Council for consideration, the objective was to encourage Police Off~cers to move into Anaheim and buy a home and if there was an emergency or a catastrophic event, they would be here. No section of the City was specified but they would buy where they could afford to buy. The thought was to encourage them to live in the City and for those renting to buy and remain here. He believes the program has been extremely successful. In its two years of existence, 44 Police Officers have taken advantage of it. He will be more than happy to look at cross streets and provide that information. Council Member Zemel. No one is saying it has not been used but he feels there is not enough criteria to decide wither it is successful or not. He needs more data to determine that. Initially, he wanted to offer $20,000, because he did not feel $10,000 was enough for an Officer to buy a home. He clarified, he would like to know if the program he put forth meets his personal ideal and goals. Council Member McCracken. There were 22 members of the Sister City delegation who went to Mito, Japan and then to Chunchon, Korea to evaluate and determine if that will be another Sister City relationship. The past two weeks have been spent with a number of citizens travelling in various parts of the world. Mayor Daly joined them in Mito and Council Member Tait in Chunchon, Korea. Anaheim is always welcomed and the delegation received a very warm reception. Mito has an Anaheim Room in the new Cultural Center. They are proud that Anaheim is their Sister City. It is amazing how much history they have managed to accumulate and display in the 22 years of the Sister City relationship. The trip was a tremendous experience. ADJOURNMENT: By general Council consent, the City Council Meeting of April 28, 1998 was adjourned (7:43 P.M.). LEONORA N. SOHL, CITY CLERK 24