Loading...
2004/09/14 ANAHEIM, CALIFORNIA - CITY COUNCIL REGULAR MEETING September 14, 2004 The City Council of the City of Anaheim met in regular session. PRESENT: Mayor Curt Pringle, Council Members: Richard Chavez, Bob Hernandez, Shirley McCracken and Tom Tait STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, and Deputy City Clerk Linda Nguyen A copy of the agenda for the meeting of the Anaheim City Council was posted on September 10, 2004 at the City Hall outside bulletin board. Mayor Pringle called the regular meeting of September 14, 2004 to order at 3:09 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. AdditionslDeletions to Closed Session: None Public Comments: Shari McCracken stated her presence would be required during National Football League negotiations relating to distributor concerns. Motion to recess to Closed Session for the following purposes: 1. CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: Dave Hill Employee organization: Teamsters Union, Local 952 2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: approximately 40 acres of land adjacent to and northwesterly of Angel Stadium, 2000 Gene Autry Way, Anaheim, California Agency negotiators: Dave Morgan, Tom Wood Negotiating parties: City of Anaheim and the National Football League Under negotiation: price and terms 3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: approximately 10 acres of land in immediate proximity of Arrowhead Pond of Anaheim, 2695 E. Katella Avenue, Anaheim, California Agency negotiators: Dave Morgan, Tom Wood Negotiating parties: City of Anaheim and Anaheim Arena Management, LLC Under negotiation: price and terms 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Name of case: Santelli, et al. v. City of Anaheim, Orange County Superior Court Case No. 03CC06084 ANAHEIM CITY COUNCIL MEETING MINUTES September 14, 2004 Page 2 5 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Name of case: Garcia v. City of Anaheim, United States District Court Case No. SACV03-382 DOC (ANx) 6 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Name of case: City of Anaheim v. Berger, et aI., Orange County Superior Court Case No. 02CC03062. Mayor Pringle reconvened the regular session at 5:17 p.m. INVOCATION: Dr. Jim Schibsted, First Congregation Church of Anaheim FLAG SALUTE: Council Member Tait PRESENTATIONS: Recognizing Jenna Morgan on receiving the American Red Cross, Orange County Chapter, Courage to Respond Award. Lisa Whiting, Chair of the Red Cross Orange County Chapter, introduced Jenna Morgan, a rookie lifeguard for the City, whose rescue efforts aided a young girl in distress in Pearson Park pool. RECOGNITIONS (To be presented at a later date): Recognizing Clara Frasher. Proclaiming September 26, 2004, as Race for the Cure Day. Proclaiming October 23, 2004, as Make a Difference Day. Proclaiming October 2004 as National Breast Cancer Awareness Month. Proclaiming September 17-23, 2004, as Constitution Week. Proclaiming October 1, 2004, as California Arts Day. At 5:25 P.M., Mayor Pringle recessed the Anaheim City Council to call to order the Anaheim Redevelopment Agency, reconvening the Council session at 5:30 P.M. ADDITIONSIDELETIONS TO THE AGENDA: PUBLIC COMMENTS: James Robert Reade related Anaheim Police Department concerns. Art Montez, representing Centralia Elementary School Board, offered to work together with Council and staff to maximize benefits through federal grant programs. Mayor Pringle ANAHEIM CITY COUNCIL MEETING MINUTES September 14, 2004 Page 3 thanked Mr. Montez and emphasized Anaheim's active outreach program with the various school districts in the City. William Fitzgerald, Homeowners Maintaining Their Environment, cited a recent scientific study regarding health effects of air pollution and correlated that study to fireworks pollution. Julie Parrish, resident, requested help for safety, nuisance and parking problems associated with 301, 305 and 465 Archer Street. Mayor Pringle referred Ms. Parrish to Deputy Police Chief Sain for assistance. Ken Gwyn, resident, referenced a civil violation received from the City Attorney's office for his property, which he believed was legally non-conforming. Mayor Pringle referred Mr. Gwyn to Bill Sell, Code Enforcement Manager, who would follow up on his concern. City Manager David Morgan would also provide a report to Council on the issue. Shari McCracken, requested the Hardin Buick conditional use permit on the agenda be continued; Mayor Pringle indicated that matter was not agendized. Larry Rosenberg, Anaheim Ballet, invited Council and residents to support the arts and enjoy two ballets appearing at Pearson Park on Saturday evening. Alma Ramirez referenced political issues. Patty Garcia, the new liaison for Congressman Gary Miller's office, introduced herself to Council and the community. Regarding Item B4 on the agenda, Mayor Pringle indicated he had received a letter from the appellant asking for two weeks continuance. City Attorney Jack White indicated that Council had a policy that the first request for a continuation by applicant be honored. The Mayor indicated that testimony could be received this evening but suggested those in the audience wishing to speak regarding Item B4 do so at the continued hearing date of September 28th, 2004 in order to hear the applicant's testimony prior to making their individual statements. He indicated that comments could be submitted in writing and in person on the 28th. The Mayor indicated he would allow some comments on the continuance of Item 84. Roy Young, resident, asked that the appellant not be able to take advantage of the two week delay and go forward with his project, and receive special privileges such as a grading permit. The Mayor indicated that processing the development application while the appeal was being considered would not occur. Mr. White, City Attorney, indicated that any work relating to the waiver could not be pursued, but that grading, as was mentioned by Mr. Young, unrelated to the waiver of maximum structural height could proceed with a permit through the Public Works Department. The Mayor questioned the City Attorney as to whether the City could approve a grading permit before the site plan for development of the property was approved as he did not want to appear to give an advantage to one party over the other before proposals were heard on the 28th. Natalie Meeks, Public Works Department, stated the applicant had submitted a grading plan last November, but once the issue of the height of the house came into play, he did not resubmit his plan and he was not in a position to get a grading permit within the next two weeks. ANAHEIM CITY COUNCIL MEETING MINUTES September 14,2004 Page 4 Shari McCracken spoke on an unrelated matter. With no objections by Council, the public hearing for Item B4 was continued to September 28, 2004. CONSENT CALENDAR: Council Member Chavez requested Item A7 and A 18 be removed for further discussion. Council Member Tait noted he would abstain on Items A4 and A8 due to a potential conflict of interest and Council Member McCracken requested Item A21 be removed for separate discussion. Council Member Hernandez moved approval of the balance of the Consent Calendar, Items A 1- A23, seconded by Council Member Tait to waive reading in full of all ordinances and resolutions and to approve the following in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Hernandez, McCracken and Tait. Noes - O. Motion carried. A1. C118 A2. B105 Reject certain claims filed against the City. Receive and file minutes of the Golf Commission meeting held July 22, 2004 and correspondence received from Southern California Edison regarding Application A.04-08-008. A3. 0180 Accept the bid of West-Lite Supply Company, in an amount not to exceed $98,315 (plus tax), for lamps and ballasts for the Convention Center for a period of one year with up to three one-year renewal options and authorize the Purchasing Agent to exercise the options to renew in accordance with Bid #6512. A4. 3171 Approve an Agreement for Acquisition of Lessee's Interest of Real Property located at 116 South State College Boulevard with Pizza Hut of America, Inc., in the acquisition payment amount of $2,678, for the Lincoln Avenue/State College Boulevard intersection project. Council Member Tait abstained. A5. Approve a quitclaim deed conveying to the State of California the City's right, title, P110 and interest in and to a previously abandoned portion of old Katella Avenue between Haster Street and Manchester Avenue (ABA97-11A). A6. Authorize the Convention, Sports and Entertainment Department's Executive Director 0124 to execute certain Federal Aviation Administration forms required for the designation of the Anaheim Convention Center as a heliport. A8. Approve and authorize the Interim Public Utilities General Manager to execute the 3181 Joint Trench Agreement with SBC-Pacific Bell to facilitate joint trench construction and cost sharing for work within Underground District No. 46, Santa Ana Street Phase 1. ANAHEIM CITY COUNCIL MEETING MINUTES September 14, 2004 Page 5 Council Member Tait abstained. A9. Approve and authorize the Interim Public Utilities General Manager to execute an 3184 agreement with Municipal Water District of Orange County (MWDOC), in a total funding amount not to exceed $31,500 in fiscal year 2004/05 and $31,500 in each of the following fiscal years, to provide MWDOC's Weather Based Irrigation Controller Rebate Program (SmarTimer Program) to the Public Utilities Department single-family residential, homeowner associations and small commercial properties. A10. RESOLUTION NO. 2004-192 RESOLUTION OF THE CITY COUNCIL OF 0113 THE CITY OF ANAHEIM approving amendments to the Conflict of Interest Code for the City and various city agencies. A11. RESOLUTION NO. 2004-193 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2000R-11 0 nunc pro tunc. A12. RESOLUTION NO. 2004-194 RESOLUTION OF THE CITY COUNCIL OF D154.8THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing the terms and conditions of employment for employees in classifications assigned to the Anaheim Municipal Employees Association, Part Time Unit. A13. RESOLUTION NO. 2004-195 RESOLUTION OF THE CITY COUNCIL OF P110 THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and easements. (ABA2004-00091, 3135 West Lincoln Avenue). A14. RESOLUTION NO. 2004-196 RESOLUTION OF THE CITY COUNCIL OF 0175 THE CITY OF ANAHEIM authorizing application for funds for the Transportation Enhancement Activity (TEA) Program under the 1998 "Transportation Equity Act for the 21 st Century" for the Santa Ana River bikeway facility. A15. RESOLUTION NO. 2004-197 RESOLUTION OF THE CITY COUNCIL OF 0175 THE CITY OF ANAHEIM approving the Waiver of Notice of Entry into a donated space agreement by the County of Orange of certain property located in the City of Anaheim (2180 West Crescent Avenue, Suite A). A16. ORDINANCE NO. 5939 (ADOPTION) AN ORDINANCE OF THE CITY OF B105 ANAHEIM amending Section 1.04.857 of Chapter 1.04 of Title 1 of the Anaheim Municipal Code relating to the Sesquicentennial Commission (Introduced at the Council meeting of August 24, 2004, Item A21). A17. ORDINANCE NO. 5940 (ADOPTION) AN ORDINANCE OF THE CITY OF C280 ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2003-00112, Area 1) (Introduced at the Council meeting of August 24, 2004, Item A22). A 19. ORDINANCE NO. 5492 (INTRODUCTION) AN ORDINANCE OF THE CITY M142 OF ANAHEIM amending the Title and various provisions of Chapter 2.12 of the Anaheim Municipal Code relating to obstructions in the public right-of-way. ANAHEIM CITY COUNCIL MEETING MINUTES September 14, 2004 Page 6 A20. ORDINANCE NO. 5493 (INTRODUCTION) AN ORDINANCE OF THE CITY C280 OF ANAHEIM amending the zoning map referred to in title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2004-00115). A22. Approve an Eighth Amendment to Agreement with Occu-Med, Inc to continued their 2906.8 services through June 30, 2006 in the area of occupational health and medical standards, including pre-placement medical examination and quality assurance services. A23. Approve minutes of the Council meeting held August 24, 2004. D114 END OF CONSENT CALENDAR A7. Approve the Police Dispatcher 1/11 Incentive Program, whereby City employees will D 160 receive a net reward of $500 for each qualified Police Dispatcher II and $250 for each qualified Police Dispatcher I referred to, hired and trained by the City. City Manager Dave Morgan indicated this was a program whereby City employees received a net bonus similar to one offered to police officers, for each qualified dispatcher referred, hired and trained by the City. He remarked this program had been successful for the City and also added that certain employees of the police and human resources departments were exempt from participation. He explained that half the reward was paid when the employee was hired and the other half after training was received. Council Member Chavez requested this item be pulled to emphasize two concerns. The first concern was that dispatcher salaries may not be in line with other agencies if the City was having difficulty attracting qualified employees and the second was to call attention to the need for bilingual dispatchers as 44 percent of Anaheim's residents spoke Spanish as a predominant language and there were approximately 60 other languages spoken in the community as well. Council Member Chavez moved approval of Item A7, seconded by Council Member Hernandez. Roll Call Vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Hernandez, McCracken and Tait. Noes - O. Motion Carried. A18. M142 ORDINANCE NO. 5941 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 6.72 of Title 6 of the Anaheim Municipal Code in its entirety relating to amplified sound (Introduced at the Council meeting of August 24, 2004, Item A23). City Attorney Jack White reported Title 6 of the Code was being amended to allow more extensive rules for amplified sound, specifically relating to ice cream trucks currently prohibited in residential zones. The amended code would permit trucks with amplified sound that were using that sound to attract attention for commercial purposes. He emphasized that the ordinance would continue to allow sound trucks for non-commercial purposes which was constitutionally required. He pointed out one other major change was in the manner the rule calculates permitted amplified sound devices in relation to the convention center and the stadium and other public ANAHEIM CITY COUNCIL MEETING MINUTES September 14, 2004 Page 7 property. Currently, stated Mr. White, the ordinance did not allow a sound device within 200 feet of a public facility. Rather than have an absolute number of feet, the change would state that an event could not be disturbed by amplified sound and used language from Supreme Court cases that had validated similar types of ordinances. Council Member Chavez questioned whether the change could be used as a subterfuge to break up a demonstration occurring at the convention center or the stadium. Mr. White replied the complainant would have to demonstrate that "a reasonable person would be disturbed by the sound". He also indicated the violation was changed from a misdemeanor to an infraction. Council Member Chavez moved approval of item A18, seconded by Council Member Tait. Roll Call vote: Ayes - 5: Mayor Pringle, Council Members: Chavez, Hernandez, McCracken and Tait. Noes - O. Motion Carried. A21. Determine that the previously-certified Final EIR No. 330 is adequate to serve as the E200 required environmental documentation for the proposed code amendment and to satisfy all the requirements of CEQA and that no further environmental documentation need be prepared for the proposed code amendment. ORDINANCE NO. 5944 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Title 18 of the Anaheim Municipal Code relating to errors, omissions, and clarification of certain text. Mr. Morgan stated that on June 8, 2004, Council had adopted an ordinance amending Title 18 in its entirety and that given the complexity of that action, it was anticipated there might be some adjustments made and this amendment attempted to do that. Shari Vander Dussen, Planning Director, explained that in addition to the clean-ups the City Manager referenced, there were two proposed changes as well. The first would make it unlawful to maintain any construction that was done unlawfully in the first place to a building, and the second would modify parking standards for attached single family dwellings. She remarked this was a change that was made with the Code update that had proven to be problematic. The problem occurred during the construction of an attached single family dwelling, wherein the developer would have two options for parking. She commented that one choice was to provide parking as required for multiple family apartments and the other was to provide parking as provided for detached single family dwellings. The difference was that under the detached single family option, four parking spaces per unit was required and under the multifamily option, 2.25 parking spaces plus another quarter space per unit per visitor parking was required for a 2 bedroom unit. The change adjusted parking standards back to where it was before the Code was amended and was approved by the Planning Commission with one exception and that was to modify the findings for approval of a use permit to convert apartments to condominiums, to which staff concurred. Council Member McCracken requested clarification on section .0204 relating to assigned versus unassigned parking spaces for tenants or residents in multi-family units and also to section .0603, senior parking. The Zoning Administrator offered clarification on those sections and recommended an amendment to section .0204 acceptable to Council Member McCracken. Council Member McCracken also questioned section .0303, political signs, which stated no building permit would be required for a temporary political sign of 12 square ANAHEIM CITY COUNCIL MEETING MINUTES September 14, 2004 Page 8 feet. Council Member McCracken commented this led the candidate to believe that any sign over 12 square feet necessitated a building permit. Council Member McCracken felt the language should be very clear as to what a candidate could or could not do. Discussion occurred and it was determined to have the ordinance reflect 32 square feet for political signs. Council Member McCracken moved to introduce ORDINANCE NO. 5944 AN ORDINANCE OF THE CITY OF ANAHEIM amending Title 18 of the Anaheim Municipal Code relating to errors, omissions, and clarification of certain text with the amendment to section .0204 relating to designating open parking spaces and to section .0303, designating political signs of 32 square feet. With no objection by Council to the amendments, Ordinance No. 5944 was introduced. A24. Consider a waiver and refund of the $350 processing fee paid to appeal the decision C220 of the Planning Commission in Conditional Use Permit Case No. 2004-04854 (Expedition House). Mr. White explained that at the August 24th meeting, Council Member Hernandez, after the successful appeal of the conditional use permit for Expedition House, had requested Council consider refunding the filing fee of $350. Mr. White pointed out that Council had the ability to refund the fee and that often members of the public requested Council to set matters for appeal with no fee. In this particular appeal, Mr. White stated the appellants paid the fee for processing the appeal. Council Member Hernandez felt the refund was justified as he had been intending to file an appeal on that same matter; however the appellants had done so before him and, therefore, had paid the fee. Council Member McCracken concurred as it was also her intent to file an appeal for the Expedition House conditional use permit which meant the appeal fee would have been waived. Mayor Pringle explained that he felt uncomfortable with justifying a refund by crafting conditions on this specialized situation and believed doing so would set a precedent. He also felt that cases should be treated the same and wished to have a broader discussion as to what the criteria should be to treat all cases the same which could include the discussion whether to refund fees for all successful appellants. Council Member Tait concurred and Council Member Chavez believed standards or parameters should apply to all and a consistent method should be applied. Council Member Hernandez commented that if the appeal was upheld, then it was appropriate to refund the fees. Council Member McCracken felt it was more appropriate in this instance to refund the fees, since two council members were intending to file the same appeal and if they had done so prior to the appellant, no fees would have been required. The Mayor also related that he did not wish to create a mechanism in which an appeal fee was paid and the successful appellants then pursued Council Members to get their fees refunded. Without objection from Council, Mayor Pringle continued this matter to September 28th to allow research into all options. ANAHEIM CITY COUNCIL MEETING MINUTES September 14, 2004 Page 9 A25. Consider appointing a member to serve on the Housing and Community B105 Development Commission, representing the South Neighborhood Council, term to expire June 30, 2006. With no objection from Council, Mayor Pringle continued this item to September 28, 2004. PUBLIC HEARINGS: B 1. A public hearing to consider the abandonment of a an easement for ingress and P110 egress to a water pumping station and City rights to use a railroad spur, siding and service track on the applicant's property located at 1075 Patt Street (ABA2003- 00084 ). At the meeting of August 17, 2004, Item A 12, the Anaheim City Council adopted Resolution No. 2004-173 declaring its intention to vacate certain public streets, highways and service easements and setting a date and time to consider the abandonment of an easement located at 1075 Patt Street. REQUESTED BY: bkm Anaheim Associates, LLC. 1945 Placentia Avenue, Costa Mesa, CA 92627. MOTION: CEQA FINDING: Categorically Exempt, Class 5. RESOLUTION NO.: 2004-198 ABANDONMENT NO. ABA2003-00084. MOTION: Approve the quitclaim of the City's right, title, and interest in the abandoned area. Natalie Meeks, Public Works Department, stated the City had owned a water pumping station on the site, and recently sold it with part of the agreement in the sale being the abandonment of the easements allowing access to the pumping station. Mayor Pringle opened the public hearing for comment, and receiving none, closed the hearing. Council Member McCracken moved to approve the CEQA Finding of Categorically Exempt, Class 5, moved to approve Resolution No. 2004-198, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING ABANDONMENT No. ABA2003-00084 and to approve the quitclaim of the City's right, title and interest in the abandoned area; seconded by Council Member Hernandez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Hernandez, McCracken and Tail. Noes - O. Motion Carried. B2. A public hearing to consider the abandonment of a portion of those certain pipeline P110 easements located at 251 South Peralta Hills Drive (ABA2003-00082). At the meeting of August 17, 2004, Item A13, the Anaheim City Council adopted Resolution No. 2004-174 declaring its intention to vacate certain public streets, highways and service easements and setting a date and time to consider the abandonment of certain pipeline easements located at 251 South Peralta Hills Drive. ANAHEIM CITY COUNCIL MEETING MINUTES September 14, 2004 Page 10 REQUESTED BY: Lara Tooma, 251 South Peralta Hills Drive 92807 Anaheim, CA MOTION: CEQA FINDING: Categorically Exempt, Class 5. RESOLUTION NO.: 2004-199 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING ABANDONMENT NO. ABA2003-00082. MOTION: Approve an agreement for the sale of the City's right, title and interest in and to the abandoned area. MOTION: Approve the quitclaim of the City's right, title, and interest in the abandoned area. Natalie Meeks, Public Works Department, stated the easements in question were originally acquired from Peralta Hills Water Company and they were not required for current or future water utility purposes. She indicated the property owner had requested abandonment of these easements to clear title on his property. Mayor Pringle opened the public hearing and receiving no testimony, closed the hearing. Council Member Hernandez moved to approve CEQA finding of Categorically exempt, Class 5, to approve Resolution No. 2004-199 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING ABANDONMENT No. ABA 2003-00082, to approve an agreement for the sale of the City's right, title and interest in and to the abandoned area and to approve the quitclaim of the City's right, title and interest in the abandoned area; seconded by Council Member McCracken. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Hernandez, McCracken and Tail. Noes - O. Motion carried. B3. A public hearing to consider approving a resolution for condemnation of certain real P121 property located at 8020 East Santa Ana Canyon Road (Park Substation Project). RESOLUTION NO. 2004-200 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 8020 East Santa Ana Canyon Road for the purposes of the Park Substation Project (RNV ACQ No. 5925). Natalie Meeks, provided background on the property condemnation for the Park Substation Project, stating it was essential to meet current and future electrical needs in the eastern area of Anaheim. The resolution, she stated, was for the acquisition of right-of-way necessary for construction of the Park Substation Project which would enhance the City's electrical system reliability, improve voltage stability and allow for greater flexibility to serve electric loads during outages or maintenance activities. The acquisition area was a slope located between Festival Drive, a private street and City-owned property which was the location of the substation. She explained the property was necessary for access to the substation. Additional easements were also being acquired to provide underground utilities to and from the substation. With the proposed project scheduled for November 2004, adoption of the resolution would allow the contractor access to the site and allow the grading project to begin on schedule. Ms. Meeks indicated an acquisition offer had been made to the property owner and the City's acquisition consultant had been in contact with the property ANAHEIM CITY COUNCIL MEETING MINUTES September 14, 2004 Page 11 owner and their attorney, and that the property owner did not object to the acquisition; however, she noted, the City had not obtained executed acquisition documents. She remarked that staff recommended taking action to insure possession of the property and they would continue to work with property owner to reach settlement. Mayor Pringle opened the public hearing. Shari McCracken questioned the funding stream for the property acquisition. Mayor Pringle commented that Public Utilities funds would be used for that purpose. With no other testimony offered, Mayor Pringle closed the hearing. Councilmember Tait asked for confirmation that the property in question was solely for the slope. Ms. Meeks explained the property was originally dedicated to the City for a library site and Parks Department policy was to only accept flat ground for dedications and did not accept the slope at that time because they did not wish to maintain it. Since the Park Substation design, the slope, owned by the Festival Shopping Center, was necessary to provide underground access to the substation and this acquisition was for the slope area. Council Member Hernandez moved to approve Resolution No. 2004-200 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LCOATED AT 8020 EAST SANTA ANA CANYON ROAD FOR THE PURPOSES OF THE PARK SUBSTATION PROJECT (R/W ACQ NO. 5925); seconded by Council Member Tait. Roll Call vote: Ayes- 5. Mayor Pringle. Council Members: Chavez, Hernandez, McCracken and Tait. Noes - O. Motion Carried. B4. VARIANCE NO. 2004-0460978 C250 AND NEGATIVE DECLARATION: OWNER: Tri Tang, 7730 E. Autry Drive, Anaheim, CA 92808 AGENT: Andy 00,12761 Western Avenue, Garden Grove, CA 92841 LOCATION: 391 South Peralta Hills Drive: Property is 2.85 acres located at the southeast corner of Santa Ana Canyon Road and Peralta Hills Drive, having frontages of 440 feet on the south side of Santa Ana Canyon Road and 273 feet on the east side of Peralta Hills Drive. Waiver of (a) orientation of dwellings adjacent to arterial highways and (b) maximum structural height to construct a new 2-story single-family residence with a roof deck in the RS-HS-43,OOO (SC) (Residential, Single-Family Hillside; Scenic Corridor Overlay) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 2004-04609 approved, in part, approving waiver (a) and denying waiver (b) (ZA2004-22). (Zoning Administrator decision appealed by Gary Tang). MOTION: CEQA FINDING: NEGATIVE DECLARATION. RESOLUTION NO.: VARIANCE NO. 2004-04609. This public hearing item was continued to September 28, 2004. ANAHEIM CITY COUNCIL MEETING MINUTES September 14, 2004 Page 12 REPORT ON CLOSED SESSION: None COUNCIL COMMUNICATIONS: Council Member McCracken announced the 106th birthday of Ms. Clara Frasher who would receive recognition from the City at a later date. Mayor Pringle reported attending the Republican National Convention representing Anaheim to draw attention to holding a convention in Anaheim in 2008 by the Republic National Committee. He explained the process to follow, with the Democratic and the Republican National Convention Committees establishing a Request for Proposal for those cities interested in bidding and that the process would continue one to two years before a selection was made. ADJOURNMENT: There being no further business to come before the City Council, Mayor Pringle adjourned the meeting at 7:16 P.M. Respectfully submitted: J^ " -"... /,,/ f u"~ '-;k/f? JA ',. 1/ ..' L.>1 { \ l ~/Linda Nguyen \.--- Deputy City Clerk