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2004/10/26 ANAHEIM, CALIFORNIA - CITY COUNCIL ADJOURNED REGULAR MEETING OCTOBER 26, 2004 The City Council of the City of Anaheim met in adjourned regular session at 4: 12 P.M. in the Council Chambers of Anaheim City Hall, 200 South Anaheim Boulevard. The Notice of Adjournment was posted at 3:00 P.M. on October 26, 2004 on the exterior door of the Anaheim Council Chambers, announcing the adjournment to 4:00 P.M. due to a lack of quorum. PRESENT: Mayor Curt Pringle, Council Members: Richard Chavez, Bob Hernandez, and Shirley McCracken ABSENT: Council Member Tom Tait STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, and City Clerk Sheryll Schroeder A copy of the agenda for the meeting of the Anaheim City Council was posted on October 22,2004 at the City Hall outside bulletin board. ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS: None CLOSED SESSION: At 4:13 P.M., Mayor Pringle recessed to Closed Session for the following purposes: 1. CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: Dave Hill Employee organization: Teamsters, Local 952 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Name of case: Travelers Indemnity Company of Illinois v. City of Anaheim, Orange County Superior Court Case No. 03CC13790. 3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9) Number of potential cases: one. At 5:11 P.M., Mayor Pringle reconvened the regular Council session. INVOCATION: Senior Fire chaplain Rossington, Anaheim Fire Department FLAG SALUTE Council Member Chavez ANAHEIM CITY COUNCIL MEETING MINUTES OCTOBER 26, 2004 Page 2 ACCEPTANCE OF OTHER RECOGNITIONS: Proclaiming November 1 -7,2004, as Key Club Week. Proclamation accepted by Gary Green, President of Kiwanis Club of Greater Anaheim and sponsor of six key clubs in Anaheim high schools. Proclaiming November 9, 2004, as Veterans Day Commemoration in Anaheim. Proclamation accepted by John Mile, representing Anaheim Veterans, announcing the commemoration event to be held November 9th at the downtown community center at noon. TO BE PRESENTED AT A LATER DATE: Proclaiming November 8 - 26,2004, as Annual Employees' Charities Campaign. Proclaiming October 2004, as LULAC Senior Citizens Month. ADDITIONS/DELETIONS TO THE AGENDA: The property owner for Item 810 requested the public hearing be continued to November 9, 2004 and staff requested continuation of Items 83 and 86 to November 16, 2004. Item A8 was corrected to reflect the word "Charter" in place of the words "Municipal Code". Mayor Pringle offered Council Member Tail's apology for this and his previous absences explaining Council Member Tait was unable to attend the Council meeting due to an unforeseeable and unavoidable court case his company was involved in out of state, but anticipated being present for the November 9th and November 16th sessions which would complete his term on the Anaheim City Council. The Mayor, therefore, announced Item 89 which needed full Council consideration to break an earlier tie vote, would be continued to the November 9, 2004 Council meeting. PUBLIC COMMENTS: James Robert Reade related Police Department concerns. Lucille Kring, candidate for Anaheim City Council, offered her vision for the City as a potential Council member. William Fitzgerald, Homeowners Maintaining their Environment, related fireworks pollution concerns. Alma Ramirez supported Republican candidates for the November election. CONSENT CALENDAR: Council Member Hernandez moved approval of Consent Calendar Items A1- A17, seconded by Council Member Chavez 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 ANAHEIM CITY COUNCIL MEETING MINUTES OCTOBER 26, 2004 Page 3 - 4; Mayor Pringle, Council Members: Chavez, Hernandez, and McCracken. Noes - O. Absence - 1; Council Member Tait. Motion carried. A 1. Reject certain claims filed against the City. C118 A2. Receive and file the Investment Portfolio Report for the month of September 2004; B 105 minutes of the Deferred Compensation Committee meetings held April 14, 2004, July 14, 2004 and September 8, 2004; minutes of the Investment Advisory Commission meetings held May 18, 2004 and August 19, 2004; minutes of the Workforce Investment Board meeting held June 10, 2004; minutes of the Public Library Board meeting held August 9, 2004 and September 13, 2004; minutes of the Golf Commission meeting held August 26, 2004; and minutes of the Public Utilities Board meeting held September 2, 2004. A3. Waive the sealed bidding requirement of Council Policy No. 306 and authorize the 0180 Purchasing Agent to issue a purchase order to Class Software Solutions, Ltd., in the amount of $194,274 (plus tax), for a class registration and facility scheduling system for the Community Services Department and to exercise annual renewal options for the maintenance and support of the system. 0150 Authorize the Community Services Director to execute all related documents with Class Software Solutions, Ltd that may be necessary for the implementation of the system. A4. Authorize the Purchasing Agent to issue a purchase order to Quinn Power Systems 0180 Associates, Inc., in the amount of $174,651 (plus tax), for one 800 kilowatt trailer- mounted portable generator set in accordance with Bid #6485. A5. Accept the low bid and authorize the execution of an agreement with Fujitec 2882 America, Inc., in an amount not to exceed $250,000, for elevator/escalator maintenance and repair for a period of one year with four one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #6536. A6. Accept the low bids of San Dieguito Printers, in amounts not to exceed $128,400 0180 and $68,774 (including applicable tax), for the printing of the Anaheim Magazine and the Community Services Activity Guide for a one year period and authorize the Purchasing Agent to exercise up to four one-year optional extensions in accordance with Bids #6539 and 6540. A7. Award the contract to the lowest responsible bidder, J. Fletcher Creamer & Son, 3240 Inc., in the amount of $296,121.10, for the Harbor Boulevard Water Main Relining Project and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A8. Determine that it is in the City's best interest to convey City-owned surplus land to P110 the adjoining land owner, Servite High School, and approve an agreement and Grant Deed in consideration of payment equal to the fair market value of the City's surplus land, pursuant to Anaheim Charter Section 1222. ANAHEIM CITY COUNCIL MEETING MINUTES OCTOBER 26, 2004 Page 4 Revision made. Anaheim Municipal Code Section 1222 revised to Anaheim "Charter" Section 1222. A9. Approve and authorize the Public Utilities General Manager to execute an 2878 agreement with Shahnawazahmad, dba SA Associates, in the amount of $130,000, to provide consulting engineering services in connection with the Brookhurst StreeVKatella Avenue Water Main Replacement Project. A10. RESOLUTION NO. 2004-208 RESOLUTION OF THE CITY COUNCIL OF 0154 THE CITY OF ANAHEIM amending Resolution No. 2000R-128 which established rates of compensation for job classifications designated as Police Safety Management. A 11. RESOLUTION NO. 2004-209 RESOLUTION OF THE CITY COUNCIL OF P110 THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and easements (Abandonment No. ABA2004-00092, 384 and 388 Ramsgate Drive). A12. RESOLUTION NO. 2004-210 RESOLUTION OF THE CITY COUNCIL OF P110 THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and easements (Abandonment No. ABA2004-00093, 6419 E. Via Arboles). A 13. RESOLUTION NO. 2004-211 RESOLUTION OF THE CITY COUNCIL OF P110 THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and easements (Abandonment No. 2004-00094, 384 Ramsgate Drive). A14. ORDINANCE NO. 5946 (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. 2004-00125, 2040 South Haster Street) (Introduced at the Council meeting of October 19, 2004, Item A 18). A15. ORDINANCE NO. 5947 (ADOPTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM amending Section 18.60.130 of Chapter 18.60 of Title 18 of the Anaheim Municipal Code relating to appeals (Introduced at the Council meeting of October 19,2004, Item A20). A16. ORDINANCE NO. 5948 (INTRODUCTION) AN ORDINANCE OF THE CITY C280 OF ANAHEIM amending Title 18 of the Anaheim Municipal Code relating to the Platinum Triangle (Zoning Code Amendment No. 2001-00035). A 17. Approve minutes of the Council meeting held October 19, 2004. D114 END OF CONSENT CALENDAR A 18. 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. ANAHEIM CITY COUNCIL MEETING MINUTES OCTOBER 26, 2004 Page 5 APPOINTMENT: Council Member McCracken indicated she had an applicant interested in serving on the Commission who was unable to do so as the meeting time conflicted with her work schedule. Providing background on his comments, the Mayor stated, at Council's direction, staff had requested the various boards and commissions to reconsider their meeting times to allow for maximum public participation resulting in some of the boards changing their schedules, although, the Housing and Community Development Commission had considered but rejected the request. The Mayor then requested staff to ask the Housing and Community Development Commission to reconsider changing the meeting time from 4:00 P.M. to a later time to allow individuals who worked from 8:00 A.M. to 5:00 P.M. to be able to participate. He further requested staff to contact the boards and commissions which still meet during normal working hours and ask they revisit rescheduling their regular meetings. Additionally, as a follow-up to this request, Mayor Pringle asked for a meeting with the City Manager in one to two months to consider boards and commissions scheduled meetings times. With no objection from Council, this item was continued to November 9,2004. A 19. Consider appointing a member to serve on the Park and Recreation Commission to B105 complete the unexpired term of Laurie Beighton, term to expire June 30, 2006. APPOINTMENT: Mayor Pringle nominated Samantha Navarro, and with no other nominees presented, Ms. Navarro was unanimously appointed. 5:30 P.M. Public Hearinas: Council Member Hernandez moved to continue Items 83 and 86 to November 16, 2004 and Items 89 and 810 to November 9,2004; seconded by Council Member Chavez. Roll Call vote: Ayes - 4; Mayor Pringle, Council Members: Chavez, Hernandez and McCracken. Absence - 1; Council Member Tait. Motion Carried. Mayor Pringle pointed out that Items B 1 through 88 were related to one project and the presentation by Public Works staff would encompass all the items, although each item would hold a separate hearing for the purposes of the property owner or representative to comment. Natalie Meeks, Public Works Department, stated Items 81 through 88 were public hearings to consider acquisition by eminent domain of certain property interests for the State College Boulevard and Ball Road Intersection Improvement Project. The proposed project, she reported, would improve the intersection providing three north and southbound thru-Ianes, dual north and southbound left turn lanes and associated parkways and sidewalk improvements as well as traffic signal upgrades. The proposed improvements, she indicated, would also provide medians for traffic safety and in conformance with the State College Boulevard Master Plan which would be made part of the record of the hearings. The proposed project would improve traffic capacity through the intersection improving the level of service from E to C. Additionally, Ms. Meeks reported, the project had been ANAHEIM CITY COUNCIL MEETING MINUTES OCTOBER 26, 2004 Page 6 environmentally cleared through a Negative Declaration approved by Council on October 28, 2003. She remarked the City's consultant, Katz, Okitsu and Associates, had provided traffic analysis and a study of alternatives for the State College median in February with the proposed project recommended for intersection capacity and safety reasons. Ms. Meeks provided an overhead which detailed the precise alignment for the project as well as a plan of a composite map showing a portion of a separate project to the north which was already awarded with construction scheduled for January 2005. The composite map was provided to show the ultimate median configuration on State College. Ms. Meeks confirmed the proposed project would not require the demolition of any structures; however, one building would be modified to relocate the secondary exit. Temporary construction easements were included in the acquisitions to accommodate the building modification and to accommodate the relocation of signage, utilities, and joint existing improvements as required. She confirmed the proposed project was scheduled for award of construction in June, 2005 as required by the grant funding the project. In addition, commented Ms. Meeks, acquisition offers had been made to the property owners, with copies of offer letters and notices for this hearing included in the staff reports for each of the properties. The City's acquisition consultant had been in direct contact and had negotiated with the property owners on numerous occasions and would continue that process regardless of the outcome of the hearings. Ms. Meeks indicated the City had received two letters from the law firm of Palmieri Tyler et al representing the property owners of 1177 and 1189 South State College and one letter from Carl's Jr. objecting to the proposed design. She also stated the City's condemnation counsel had drafted response letters to both of the Palmieri Tyler letters which were included as part of the record for these proceedings. The representative for Carl's Jr. at 1189 South State College and the property owner, Mr. Heinz, had also been in contact with staff throughout the acquisition process, including a meeting which occurred on September 14, 2004. Mr. Heinz had provided certain traffic count information which staff reviewed with Katz, Okitsu and Associates. She explained staff and the consultant had attempted to address the property owners' concerns, however, Mr. Heinz had requested the direct left turn access be retained from northbound State College to the Carl's Jr. property. She noted that currently there was no designated left turn lane at this location but there was likewise no median or other physical barrier that prevented traffic movement. The proposed plan, stated Ms. Meeks, would require northbound traffic to travel approximately 445 feet past the location of Carl's Jr. and make a U-turn at Clifpark Way. Staff reviewed the owner's information and Katz, Okitsu and Associates had provided a supplemental traffic engineering study dated October, 2004 which had been provided to the attorney for the property at 1189 and 1177 South State College Boulevard and would also be made a part of the record of the hearing. The consultant, she reported, recommended keeping the project as it was currently configured for traffic flow and safety reasons. Based on all the available information, Ms. Meeks noted, staff determined that retaining the left turn would not provide a safe configuration for the roadway. Ms. Meeks ended with the statement that although staff recommended the City move forward with the acquisition proceedings to insure possession of the property to meet the requirements of the grant, staff would continue to work with each of the property owners and attempt to reach settlement. Mayor Pringle confirmed that in each of the hearings, Council would hear testimony from the owner of record or designated representative for the property which was the subject of the ANAHEIM CITY COUNCIL MEETING MINUTES OCTOBER 26, 2004 Page 7 hearing and testimony in each hearing would be limited to five issues only: 1) whether the public interests and necessity require the project, 2) whether the project was planned and located in a manner that would be most compatible with the greatest public good and least private injury, 3) whether the property sought to be acquired was necessary for the project, 4) whether the offer required by Government Code Section 7267.2 had been made by the owner or owners of record and 5) whether the City had met all other prerequisites to the exercise of eminent domain in connection with the property. B1. A public hearing to consider a resolution determining the public interest and necessity P121 of property located at 1198 South State College Boulevard (R/W ACQ2003-00144). RESOLUTION NO. 2004-212 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 1198 South State College Boulevard for the purposes of the State College Boulevard and Ball Road Intersection Improvement Project (R/W ACQ2003-00144)+. Mayor Pringle opened the public hearing for Item B1 and invited the owner or representative of the property owner located at 1198 South State College Boulevard to address the Council. With no testimony offered, Mayor Pringle closed the hearing. Council Member Hernandez moved to approve Resolution No. 2004-212, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 1198 South State College Boulevard for the purposes of the State College Boulevard and Ball Road Intersection Improvement Project, seconded by Council Member Chavez. Roll Call vote: Ayes - 4, Mayor Pringle. Council Members: Chavez, Hernandez and McCracken. Noes - O. Absence - 1 ; Council Member Tait. Motion Carried. B2. A public hearing to consider a resolution determining the public interest and necessity P121 of property located at 1168 South State College Boulevard (R/W ACQ2003-00145). RESOLUTION NO. 2004-213 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 1168 South State College Boulevard for the purposes of the State College Boulevard and Ball Road Intersection Improvement Project (R/W ACQ2003-00145). Mayor Pringle opened the public hearing for Item B2 and invited the owner or representative of the property owner located at 1168 South State College Boulevard to address the Council. With no testimony offered, Mayor Pringle closed the hearing. Council Member Chavez moved to approve Resolution No. 2004-213, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 1168 South State College Boulevard for the purposes of the State College Boulevard and Ball Road Intersection Improvement Project, seconded by Council Member Hernandez. Roll Call vote: Ayes - 4, Mayor Pringle, Council Members: Chavez, Hernandez and McCracken. Noes - O. Absence - 1; Council Member Tait. Motion Carried. B3. A public hearing to consider a resolution determining the public interest and necessity P121 of property located at 1200 South State College Boulevard (R/W ACQ2003-00146). ANAHEIM CITY COUNCIL MEETING MINUTES OCTOBER 26, 2004 Page 8 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 1200 South State College Boulevard for the purposes of the State College Boulevard and Ball Road Intersection Improvement Project (R/W ACQ2003-00146). Item B3 was continued to November 16, 2004. B4. A public hearing to consider a resolution determining the public interest and necessity P121 of property located at 1210 South State College Boulevard (RIW ACQ2003-00147). RESOLUTION NO. 2004-214 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 1210 South State College Boulevard for the purposes of the State College Boulevard and Ball Road Intersection Improvement Project (RIW ACQ2003-00147). Mayor Pringle opened the public hearing for Item B4 and invited the owner or representative of the property owner located at 1210 South State College Boulevard to address the Council. With no testimony offered, Mayor Pringle closed the hearing. Council Member McCracken moved to approve Resolution No. 2004-214, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acq uisition of portions of property located at 1210 South State College Boulevard for the purposes of the State College Boulevard and Ball Road Intersection Improvement Project, seconded by Council Member Hernandez. Roll Call vote: Ayes - 4, Mayor Pringle, Council Members: Chavez, Hernandez and McCracken. Noes - O. Absence - 1; Council Member Tail. Motion Carried. B5. A public hearing to consider a resolution determining the public interest and necessity P121 of property located at 1235 South State College Boulevard (RIW ACQ2003-00150). RESOLUTION NO. 2004-215 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 1235 South State College Boulevard for the purposes of the State College Boulevard and Ball Road Intersection Improvement Project (RIW ACQ2003-00150). Mayor Pringle opened the public hearing for Item B5 and invited the owner or representative of the property owner located at 1235 South State College Boulevard to address the Council. With no testimony offered, Mayor Pringle closed the hearing. Council Member Chavez moved to approve Resolution No. 2004-215, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 1235 South State College Boulevard for the purposes of the State College Boulevard and Ball Road Intersection Improvement Project, seconded by Council Member Hernandez. Roll Call vote: Ayes - 4, Mayor Pringle, Council Members: Chavez, Hernandez and McCracken. Noes - O. Absence - 1; Council Member Tail. Motion Carried. B6. A public hearing to consider a resolution determining the public interest and necessity P121 of property located at 1199 South State College Boulevard (RIW ACQ2003-00151). ANAHEIM CITY COUNCIL MEETING MINUTES OCTOBER 26, 2004 Page 9 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 1199 South State College Boulevard for the purposes of the State College Boulevard and Ball Road Intersection Improvement Project (R/W ACQ2003-00151 ). This item continued to November 16, 2004. B7. A public hearing to consider a resolution determining the public interest and necessity P121 of property located at 1189 South State College Boulevard (R/W ACQ2003-00152). RESOLUTION NO. 2004-216 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 1189 South State College Boulevard for the purposes of the State College Boulevard and Ball Road Intersection Improvement Project (R/W ACQ2003-00152). Mayor Pringle opened the public hearing for Item B7 and invited the owner or representative of the property owner located at 1189 South State College Boulevard to address the Council. Mayor Pringle also noted that Council had received two letters of objection to the adoption of the resolution; one from Patrick Hennessey, dated October 18th and one from Larry T. Young, dated October 22, on behalf of Carl Karcher Enterprises, Inc. Council also received a copy of the letter from David Cosgrove dated October 21 5t responding to the Hennessey letter and each of the letters would be entered into the record for the hearing. Carl Heinz, property owner of 1189 South State College Boulevard, stated he was a resident of Anaheim since 1917 and had been in the fast food business over 50 years with considerable knowledge of traffic flow as it related to the fast food business. He explained the City was proposing to acquire a portion of the frontage and install a raised median from Ball Road north to Clifpark Way, eliminating the left turn onto his property to access Carl's Jr. Restaurant and eliminating the U-turn at Almont Avenue as well. He pointed out he had conducted a one-week traffic survey between the hours of 6:00 A.M. and 3:00 P.M. and confirmed that of his customers coming from the south, 37.53 percent made a direct left- hand turn into the property and 9.33 percent made a U-turn at Almont Avenue for a total of 46.8 percent of his customers coming from the south. Mr. Heinz believed the proposed median would result in the loss of 50 percent of Carl's Jr's. revenue, which impacted his income as well as that of restaurant, as his lease was based on sales. He also felt the proposed project would devalue his property by making it a marginal site for a fast-food service and result in an uncertain renewal of the lease. Mr. Heinz indicated the current configuration allowing for a left turn into his property had been in effect since 1971, when the restaurant had been built and when a State permit was obtained for cutting back the median by 25 feet so that a left turn could be made into the property and that the U-turn at Almont was in effect at that time as well. He also pointed out Anaheim Police Department records indicated that since January, 1997 through August, 2004, a minimal amount of accidents had occurred at the left turn into the property, one in every 13.14 months, which was considerably less than those occurring at Clifpark Way which averaged an accident every 4.64 months. He felt the proposed median could be narrowed to safely allow for a left turn pocket into Carl's Jr. and urged Council's consideration of that alternative as the current plan would greatly affect the viability of the restaurant business. ANAHEIM CITY COUNCIL MEETING MINUTES OCTOBER 26, 2004 Page 10 Mayor Pringle confirmed through Ms. Meeks that the purpose of the project was to increase the traffic flow and address the impact of that traffic on State College Boulevard by adding a lane in each direction. Ms. Meeks stated it would also add an additional left turn lane. The Mayor also confirmed that where the current left-turn pocket was located, instead of one left- hand turn lane and two thru-Ianes, there would be two left-hand turn lanes and three thru- lanes for a total of five lanes of traffic raising safety concerns which staff and the traffic consultant reviewed and considered. Marty Steelman, General Manager of Carl's Jr. at 1189 South State College Boulevard, reported the facility employed an average of 26 crew persons with last year's payroll reaching $298,000 and this year's payroll on track to be over $300,000. He stated if the median was installed preventing a left-hand turn, it was conceivable that it could cost a loss of 50 percent of sales, resulting in a loss of jobs. He emphasized the business had been a valuable resource for the City of Anaheim, its schools, residents and tourists for much of the last 30 years and asked for Council's assistance. With no other testimony offered, Mayor Pringle closed the hearing. Council Member Chavez moved to approve Resolution No. 2004-216, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 1189 South State College Boulevard for the purposes of the State College Boulevard and Ball Road Intersection Improvement Project, seconded by Council Member Hernandez. Roll Call vote: Ayes - 4, Mayor Pringle, Council Members: Chavez, Hernandez and McCracken. Noes - O. Absence - 1; Council Member Tait. Motion Carried B8. A public hearing to consider a resolution determining the public interest and necessity P121 of property located at 1177 South State College Boulevard (R/W ACQ2003-00153). RESOLUTION NO. 2004-217 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 1177 South State College Boulevard for the purposes of the State College Boulevard and Ball Road Intersection Improvement Project (R/W ACQ2003-00153). Mayor Pringle opened the public hearing for Item B8 and invited the owner or representative of the property owner located at 1177 South State College Boulevard to address the Council. The Mayor reported Council had received a letter of objection dated October 18, 2004 from Patrick Hennessey on behalf of Antonio and Josephine Presutto, trustees and a copy of the letter from David Cosgrove dated October 26 responding to the Hennessey letter both of which would be entered into the record for this hearing. With no public testimony offered, Mayor Pringle closed the hearing. Council Member McCracken moved to approve Resolution No. 2004-217, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 1177 South State College Boulevard for the purposes of the State College Boulevard and Ball Road Intersection ANAHEIM CITY COUNCIL MEETING MINUTES OCTOBER 26, 2004 Page 11 Improvement Project, seconded by Council Member Hernandez. Roll Call vote: Ayes - 4, Mayor Pringle, Council Members: Chavez, Hernandez and McCracken. Noes - O. Absence - 1; Council Member Tail. Motion Carried B9. CONTINUED PUBLIC HEARING: C220 WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2004-04857 AND NEGATIVE DECLARATION: Owner: John Lee, 3026 West Ball Road, Anaheim, CA 92804 Agent: Chung Myung, 3380 Flair Drive, Suite 222, EI Monte, CA 91731 Location: 3026 West Ball Road. Property is approximately 0.41-acre, landlocked parcel located on the south side of Ball Road located 418 feet west of the centerline of Beach Boulevard. Request to permit a church within an existing residence with a separate accessory pastor's quarters with waivers of: (a) minimum setback for institutional uses abutting a residential zone boundary, and (b) minimum number of parking spaces. ACTION TAKEN BY THE PLANNNING COMMISSION: Waiver of Code Requirement approved, in part, approving waiver (a) and denying waiver (b) (6 yes votes, Commission Buffa voted no). Conditional Use Permit No. 2004-04857 granted for one year, to expire on August 23, 2005. Negative Declaration approved (7 yes votes). (Appealed by Grace Kim, adjoining property owner). (Continued from the Council meetings of September 28,2004, Item 82, and October 5, 2004, Item 81 and October 19, 2004, Item 83). MOTION: CEQA FINDING: NEGATIVE DECLARATION. RESOLUTION NO.: CONDITIONAL USE PERMIT NO. 2004-04857. Continued to November 9,2004 B10. CONTINUED PUBLIC HEARING: C250 VARIANCE NO. 2004-04609 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-43,000 (SC) (Residential, Single-Family Hillside; Scenic Corridor Overlay) Zone. ACTION TAKEN 8Y THE ZONING ADMINISTRATOR: Variance No. 2004-04609 approved, in part, approving waiver (a) and denying waiver (b) (ZA2004-22). Negative Declaration approved. ANAHEIM CITY COUNCIL MEETING MINUTES OCTOBER 26, 2004 Page 12 (Zoning Administrator decision appealed by Gary Tang). (Continued from the Council meetings of September 14, 2004, Item 82 and October 19, 2004, Item 82). MOTION: CEQA FINDING: NEGATIVE DECLARATION. RESOLUTION NO.: VARIANCE NO. 2004-04609. Continued to November 9, 2004. Report on Closed Session Actions: None Council Communications: Council Member McCracken announced the Fall Festival celebration to be held Saturday, October 30th, with a parade downtown as well as activities, music and food for the community to enjoy. Council Member Chavez commented on the numbers of young people attending the Council meeting, thanking them and remarking they could be involved in resolving issues facing the City in the future. Mayor Pringle commented on an article in the Orange County Register acknowledging the City of Anaheim had one of the best immediate response processes in place for public information requests and thanked staff for their efforts. With the concurrence of Council, Council Member's Tail's absence from the October 26, 2004 meeting was excused. ADJOURNMENT: There being no further business to come before the City Council, Mayor Pringle adjourned the meeting at 6.05 P.M. Respectfully submitted: ~~ Sheryll Schroeder, MMC City Clerk