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2005/03/01ANAHEIM, CALIFORNIA -CITY COUNCIL REGULAR MEETING MARCH 1, 2005 The City Council of the City of Anaheim met in regular session at 3:05 P.M. in the Council Chambers of Anaheim City Hall, 200 South Anaheim Boulevard. PRESENT: Mayor Curt Pringle, Council Members: Richard Chavez, Lorri Galloway, Bob Hernandez and Harry Sidhu. STAFF PRESENT: Dave Morgan, City Manager, 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 February 25, 2005 at the City Hall outside bulletin board. ADDITIONS/DELETIONS: None PUBLIC COMMENT: None Mayor Pringle moved to closed session for the following items: CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Name of case: City of Anaheim v. Angels Baseball, LP, et al., Orange County Superior Court Case No. 050001902. 2. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9). Title: Hillcrest Contracting, Inc. v. City of Anaheim, Orange County Superior Court Case No. 040004944. 3. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code) Number of potential cases: one. Existing facts and circumstances: significant land movement and property damage to the properties located at and around 357, 365 and 373 Ramsgate Drive. 4. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code) Number of potential cases: one. Existing facts and circumstances: property damage claim filed by Diamond Pacific Homes relating to electrical fire on November 10, 2004. _.. ANAHEIM CITY COUNCIL MEETING MINUTES March 1, 2005 Page 2 5. CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: Dave Hill Employee organization: International Brotherhood of Electrical Workers Union, Local 47. At 5:20 P.M., Mayor Pringle reconvened the Council meeting. Invocation: Pastor Ed Bartel, Sunkist Community Church Flag Salute: Council Member Harry S. Sidhu, P. E. Presentation: Recognizing Mighty Ducks Care Mayor Pringle announced "Mighty Ducks Care" was an organization that assisted non-profit groups in Orange County to aggressively raise funds for those organizations. He introduced Charles Harrsis, Director of Community Relations, Dave McNab, Assistant General Manager and Ryan Golden of the Mighty Ducks organization recognizing their efforts on behalf of the community. ADDITIONS/DELETIONS TO THE AGENDA: The applicant requested Item 38 be continued to March 29, 2005. PUBLIC COMMENTS: James Robert Reade spoke of vintage Anaheim reflected in landmarks along a segment of Lincoln Avenue and thanked Council Member Galloway for her assistance in maintaining the vintage tone. Je'net Kreitner announced the 2nd Harvest Food Bank, a food drive taking place during the month of March and requested Council support. Ms. Kreitner remarked that in 2004, 17,945 pounds of food was donated and individuals wanting more information could access the website, www.feedoc.org. The National Executive Secretary for Palestinian American College commended Council for their efforts with Anaheim's diverse community and praised their achievements. Susan Faessel, chair of Anaheim Library Board, spoke in support of Library Awareness Month, emphasizing the numerous programs available within the Anaheim Library system. Burt Fink, resident, addressed Library Awareness Month, supporting Anaheim's cultural and educational pursuits for the community. June Glenn, representing the Anaheim Library Foundation, called attention to the mobile library service that meets the needs of low income families and announced a Mystery Luncheon fund-raiser being held on March 20th to benefit the bookmobile refurbishment. Helen Carter, President of Friends of Anaheim Public Library, spoke of her organization's efforts to promote free library services for children and families in the Anaheim community. ANAHEIM CITY COUNCIL MEETING MINUTES March 1, 2005 Page 3 Cynthia Ward, representing the Anaheim Historical Society and supporting Library Awareness Month, informed the community of the local history room, a library resource for preserving the heritage of Anaheim available to the community. Stephanie O'Neill, resident, announced "Concerned Citizens of Canyon" were holding an Easter Basket Drive for Canyon Acres Group Children's Home asking for support and assistance from the Council. For additional information, interested persons could visit the website, www.anaheimnews.net. Eric Armonson, Anaheim Department of Facility Maintenance, spoke in opposition to Item No. 5 related to contracted labor for the City. He cited personal experience in working with contracted labor versus City employees who care about their work product and took pride in the City. Margaret Hunter, member of Anaheim Municipal Employees Association, spoke in opposition to Item No. 5, stating her position was to be eliminated. She submitted letters of support from Anaheim residents remarking that the long-term impacts of privatization would leave the City at the mercy of contractor's escalating demands. Tiffany Motts representing Anaheim Municipal Employees Association warned that privatization costs the City far more in wages, productivity and morale. Bob Goodrich, Anaheim parks worker, indicated that full-time employees were skilled at their jobs but were also watchful caretakers for any problems occurring within the Anaheim park system which could impact neighbors. Wayne Polique, stated Anaheim Municipal Employee Association members recognized the economic problems facing the City and had accepted a moratorium on salary increases to show their commitment. He commented contractors would pay substandard wages to unskilled workers who would not take pride and ownership in their work product. Sheryl Lonnie Garrett, member of Anaheim Municipal Employees Association, addressed the loss of experience, substandard wages and lack of benefits paid to contracted labor forces and questioned the immigration status of contracted employees. Celine Arreola, resident of Hermosa Village, thanked Council for the work done in Hermosa Village, referencing on-going problems associated with the new property management firm. Dr. John Baird, Anaheim's representative on Orange County Vector Control Board, reported there were two birds found in Orange County recently with West Nile virus however the mosquito abatement fund established in 1983 adequately addressed current needs. He also pointed out the benefit assessment for fire ant control allowed for establishment of new programs to combat fire ant infestation and that staff was working directly with legislative representatives to ensure there was continued support to do what was necessary for Orange County in terms of vector control. Larry Rosenberg, Anaheim Ballet Director, indicated that Anaheim ballet students had fared well in recent competitions at Cerritos Center for the Art, Youth America Grand Prix and the Los Angeles Music Center awards. He also announced the upcoming March 12th event and invited all to attend the "Alice" performance. _„ __. - T ANAHEIM CITY COUNCIL MEETING MINUTES March 1, 2005 Page 4 Ed Perez, General Manager of Heritage Forum, announced there would be a ribbon cutting ceremony for the Off Broadway Bistro restaurant on noon, March 21, 2005, noting the Bistro would be open for breakfast and lunch. Dr. Wayne Palmer apologized to Council for the actions of some during public comments, stating the podium should be used for agendas to enhance the community and not for personal grandstanding, and thanked Council for their labors. Dale Schooler, Anaheim employee, spoke in opposition to Item No. 5, pointing out full-time employees had gone the extra mile to help serve Anaheim residents and would continue to do so. William Fitzgerald, Anaheim HOME, spoke of the critical need for more Anaheim police officers to meet minimum safety requirements and his belief firefighting staffing levels exceeded the per capita requirement. Council Member Chavez addressing the previous speaker's comments stated that per capita countywide, Anaheim had the worst ratio for firefighters than any other city in Orange County. He pointed out per capita was based on residents only, and did not include tourist figures or transient population. CONSENT CALENDAR: Mayor Pringle removed Items 5 and 22 for separate discussion; Council Member Hernandez removed Item 29 and Council Member Galloway removed Item 30. Council Member Sidhu moved approval of the balance of the Consent Calendar Items 1-31, seconded by Council Member Hernandez 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, Galloway, Hernandez, and Sidhu. Noes - 0. Motion carried. CONSENT CALENDAR: 1. Reject certain claims filed against the City. C118 2. Receive and file the Monthly Financial Analysis presented by the Finance Director for D128 four months ended October 31, 2004; minutes of the Deferred Compensation B105 Committee meetings held October 29, 2004 and November 10, 2004; minutes of the Investment Advisory Commission meeting held November 15, 2004; minutes of the Park and Recreation Commission meeting held December 1, 2004; minutes of the Golf Commission meeting held December 2, 2004; and the Anaheim Public Library's monthly circulation by residency for the months of November and December 2004. 3. Approve the Amended 2005 Investment Policy. D117 _. _ , ANAHEIM CITY COUNCIL MEETING MINUTES March 1, 2005 Page 5 4. Accept the proposals of and authorize an agreement with CMS, Inc. for print 3423 management services and a lease purchase agreement with Key Government Finance, Inc. for print management equipment for the City's libraries, and authorize the Purchasing Agent to execute any amendments to the agreements during their five year terms in accordance with Bid #6481. 6. Accept the low bid of Aramark Uniform Services, Galls/Uniform Center, in an amount D180 not to exceed $230,165 (plus applicable taxes), for the as needed purchase of police uniforms and equipment for a period of one year with two one-year options to renew and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #6581. 7. Accept the low bid of Mear Construction, Inc., in an amount not to exceed $122,363, D180 for the as needed painting and restoration of fixtures and community furniture within the Resort Area over a two year period with three one-year options to renew, and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #6588. 8. Accept the bid of O.C. Tanner Recognition Company, in an amount not to exceed D180 $60,000 (including annual tax and shipping), to furnish and administer the City's service award program for one year with four one-year options to renew and authorize the Purchasing Agent to execute the renewal options in accordance with Request for Proposal #6591. 9. Waive the sealed bidding requirements of Council Policy No. 306 and authorize the D180 issuance of a blanket purchase order to Office Depot, in an amount not to exceed $30,000 per year, for copier paper for the Police Department and authorize the Purchasing Agent to exercise up to three one-year renewal options. 10. Waive the sealed bidding requirement of Council Policy No. 306 and authorize the D180 Purchasing Agent to issue a purchase order to McMahan Business Interiors, in an amount not to exceed $88,200 (plus tax), for furniture for the Building and Business License Divisions. 11. Waive the sealed bidding requirement of Council Policy No. 306 and authorize the D180 Purchasing Agent to issue a purchase order to Schweitzer Engineering Laboratories, Inc., in an amount not to exceed $275,308 (plus applicable taxes and freight), for the purchase of various SEL relays for all substations. 12. Waive the competitive bid process and authorize the Purchasing Agent to issue D180 purchase orders in a total amount not to exceed $200,000 plus tax, for the purchase of Global Positioning System (GPS) software, tracking devices, and computer equipment to establish a mapping and tracking system for the City's Police and Fire vehicles and to establish annual service and maintenance agreements for the necessary airtime and software maintenance for the ongoing operation of the GPS. 13. Authorize the Purchasing Agent to renew the City's blanket purchase orders, in an D180 annual amount not to exceed $490,000, for the rental and maintenance of convenience copiers for City Departments. __. _._. T ANAHEIM CITY COUNCIL MEETING MINUTES March 1, 2005 Page 6 14. Waive the sealed bidding requirements of Council Policy No. 306 and authorize the D180 Purchasing Agent to issue a purchase order to AGFA Corporation, in the amount of $113,169.06 (plus applicable tax), for the purchase of one digital photo mini-lab for the Anaheim Police Department. 15. Award the contract to the lowest responsible bidder, Pacific Industrial Electric, in the 3414 amount of $280,590.00, for the Fairmont Substation installation of the new battery room and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 16. Award the contract to the lowest responsible bidder, R.J. Noble Company, in the 3415 amount of $307,129.30, for the South Street Improvements from OCTA Railroad crossing to Anaheim Boulevard and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 17. Award the contract to the lowest responsible bidder, All American Asphalt, Inc., in the 3416 amount of $321,703.04, for the Nohl Ranch Road pavement rehabilitation improvement project and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 18. Approve and ratify the Judgment in Condemnation with Thomas P. Emerling, in the P121 final settlement payment amount of $55,000, for the property located at 119 South State College Boulevard for the Lincoln Avenue/State College Boulevard Intersection. 19. Approve Cooperative Projects Program Contract No. CP-0401 with the Orange 3417 County Sanitation District for the East Anaheim sewer flow-monitoring project. 20. Authorize the Chief of Police to terminate the agreement with Anaheim Memorial 3424 West Hospital which provides medical services for evidence collection on alleged sexual assault victims and waive Council Policy No. 306 and approve and authorize the Chief of Police to execute an agreement and future amendments with Anaheim Memorial Medical Center to provide medical services for evidence collection on alleged sexual assault victims. 21. Approve and authorize the Public Utilities General Manager to execute an agreement 3417 with the Metropolitan Water District of Southern California to provide funding for commercial/industrial/institutional water conservation items. 23. Award the contract to the lowest responsible bidder, J. De Sigio Construction, Inc., in 3418 the amount of $247,185, for the construction of Pearl Street water main replacements and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 24. RESOLUTION NO. 2005-20 RESOLUTION OF THE CITY COUNCIL OF THE CITY A203 OF ANAHEIM making application to and requesting the Local Agency Formation Commission of Orange County to take proceedings pursuant to the Cortese-Knox- Hertzberg Local Government Reorganization Act of 2000 for the City of Anaheim to annex approximately 495 acres of property within its sphere of influence, and file Annexation No. 287. _. - T ANAHEIM CITY COUNCIL MEETING MINUTES March 1, 2005 Page 7 25. RESOLUTION NO. 2005-21 RESOLUTION OF THE CITY COUNCIL OF THE CITY D129 OF ANAHEIM authorizing submittal of an application for and acceptance of a used oil research, testing and demonstration grant for the California Integrated Waste Management Board for fiscal years 2005/2006 through 2008/2009 and authorizing the Fire Chief to take any and all actions necessary to obtain the grant and implement the program. 26. RESOLUTION NO. 2005-22 RESOLUTION OF THE CITY COUNCIL OF THE D129 ANAHEIM authorizing submittal of an application for and acceptance of a grant from the California Integrated Waste Management Board for a Used Oil and Household Hazardous Waste Recycling Program for fiscal years 2005/2006 through 2008/2009 and authorize the Fire Chief to take any and all actions necessary to obtain the grant and implement the program. 27. RESOLUTION NO. 2005-23 RESOLUTION OF THE CITY COUNCIL OF THE CITY D129 OF ANAHEIM requesting the Orange County Board of Supervisors to designate all Municipal Fire Stations within the City of Anaheim as "Safe Surrender Sites" for newborns. 28. ORDINANCE NO. 5957 (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. 2004-00118, 1501 West Lincoln Avenue) (Introduced at the Council meeting of February 15, 2005, Item #20). 31. Approve the regular meeting minutes of February 8, 2005 and February 15, 2005. END OF CONSENT CALENDAR 5. Accept the low bids of Azteca Landscape, in an amount not to exceed $427,046, for D180 West City park maintenance and Mariposa Horticultural Enterprises, Inc., in an amount not to exceed $532,868.69, for East City park turf maintenance, both for a ' period of two years with three one-year options to renew and authorize the Purchasing Agent to execute the renewal options in accordance with Bid # 6585. City Manager Dave Morgan advised he had carefully listened to the public comments on Item No. 5, and pointed out this year had been an historically difficult year to balance the budget due to a combination of the effects of 911, the State takeaways and spiraling personnel costs. He also remarked there had been a high level of cooperation between the employees, management and Council to solve that problem and a moratorium had been placed on wages. Part of that agreement, he reported, would be no layoffs of any general employees as result of lack of funds or as a result of implementing any kind of labor saving strategy such as contracting out until spring of 2005. Staff had earlier informed Council the clock was running on the commitment made to employees and layoffs, as a result of some of these actions, would be pending; Council had then given direction to staff to sit down with Anaheim Municipal Employees Association (AMEA) and extend that protection or commitment for another 12 months and do everything possible to avoid layoffs. Mr. Morgan wanted to insure Council the action before them would not involve layoffs at least for another year and that _. _, _ T ANAHEIM CITY COUNCIL MEETING MINUTES March 1, 2005 Page 8 staff's commitment to Council direction would be to have no layoffs. He stated none of the employees would face layoffs and staff would work with AMEA to figure out how to implement the contracts without layoffs. Mr. Morgan informed the savings projected by the contract would be approximately $200,000 which reflected monies reinvested back into the City. Mayor Pringle confirmed Item 5 contained two contracts for park maintenance services. Responding to Mayor Pringle's question, Terry Lowe, Community Services Director stated the total number of individuals affected by these contracts was a crew of 8 positions, one of which was vacant. The Mayor pointed out that some of the arguments during public comment referring to age and ethnicity of the contracted workforce were not legally within the purview of the City and could not be asked of the contractors. Mr. Morgan verified that certification was required to ascertain contracted employees had a right to work in the United States but that the responsibility to monitor those issues was up to the contractor, not the City. Council Member Chavez brought up the following concerns: the contracts were being awarded to companies outside the Anaheim area, the contracted employees would probably receive substandard wages with no benefits creating hardships for families, and current City employees could be relocated to other positions with the possibility of Y-rating their salaries. For those reasons, he would not support awarding the contracts. Council Member Hernandez reflected on his experience with private contractors and his relationship with employees in the maintenance department, many of whom lived in Anaheim and took a proprietary interest in their work and pride in being part of a team and would not support this item. Council Member Galloway talked to representatives from Anaheim Municipal Employees Association who reported they were treated fairly and kindly by staff. She believed by outsourcing the City helped create minimum wage jobs and she had directly seen the difficulties the working poor faced and could not support the contracts. Council Member Sidhu asked Mr. Lowe if the companies to be awarded had prior contracts with the City. Mr. Lowe indicated they had not and to clarify a concern raised during public comments, stated all 46 of the City's parks would be maintained under the proposed contracts. The only area not included in the contracts was three baseball fields which fell under contractual agreements with high school districts and would continue to be maintained by City crews. Council Member Sidhu recognized that each City department outsourced many services successfully and that while this specific contract might not be the right action to take today, the City should be looking at future ways to save funds. Mayor Pringle stated he would support Item 5 as Council had given the City Manager and the Finance staff very clear direction as to providing high quality services while bringing about efficiencies in order to live within the City's means. He remarked contract oversight would ensure agreement provisions were satisfactorily met. Council Member Hernandez moved to deny Item 5, seconded by Council Member Chavez. Roll Call vote: Ayes - 4: Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - 1; Major Pringle. Motion Carried. ANAHEIM CITY COUNCIL MEETING MINUTES March 1, 2005 Page 9 22. Approve the Negative Declaration for the Twila Reid Fire Station No. 1 N350 Fire Chief Roger Smith reported the Twila Reid Fire Station project entailed the construction of a fire station up to 10,000 square feet to be located at 3100 West Orange Avenue in the northeast corner of Twila Reid Park. He indicated the new station would house one fire company, be paramedic equipped with one private ambulance and when operational, would have approximately 30 first responders working on three rotating shifts or 10 per day. He explained Twila Reid Park was a 27.2 acre community park operated and maintained by the City of Anaheim and the fire station would utilize 1.24 acres of the park site. The negative declaration for Council consideration was prepared indicating the project would have no significant impact on the environment with no mitigation measures identified for the project and to this date, no comments had been received. Mayor Pringle remarked that with the availability of refunded State monies from the vehicle license fee takeaways, the City needed to move forward on the project. He wanted to ensure public input would be received and any neighborhood concerns could be expressed and asked Council to use the project as an opportunity to benefit and enhance Twila Reid Park as well. He commented on issues related to the closure of basket ball courts and residents concerned with the loss of green space and asked that the needs and concerns of those residents be addressed. He stated if new basketball courts closer to the streets and adjacent to the fire station was an identified need as well as reestablishing some of the area that was cement as grass, the City could have an opportunity to address those issues and bring about a greater interrelationship with the fire stations and their surroundings as opposed to having them serve as an island. Dave Morgan indicated staff would work with Council and the community in that regard. Council Member Hernandez pointed to the vital need for a fire station on the west side of town praising Fire Department staff willing to take on extra workloads to fill in for the lack of a station, a burden which could now be relieved. Council Member Chavez emphasized response times would be improved with the new fire station and supported the Mayor's recommendation to take advantage of the property and include some recreation activities reflecting that any time the City could partner with the community, it made good sense. He also pointed to the major demographic changes in Anaheim's growth and felt it was important to look at the entire City's needs in a master plan. Mayor Pringle reported that Chief Smith had been working on the Site Resource Plan which Mr. Morgan indicated would be available within the next 60 to 90 days. Council Member Chavez moved to approve Item 11, seconded by Council Member Hernandez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - 0. Motion Carried. 29. ORDINANCE NO. 5958 (INTRODUCTION) AN UNCODIFIED ORDINANCE OF THE D108 CITY OF ANAHEIM establishing a New Business Tax Holiday and superseding the provisions of Title 3 of the Anaheim Municipal Code to the extent inconsistent therewith. __ _. _ a ANAHEIM CITY COUNCIL MEETING MINUTES March 1, 2005 Page 10 Sheri Vander Dussen, Planning Director, indicated this program was framed in response to an idea suggested at the Mayor's state of the City address. Staff was proposing to create a new Business Tax Holiday, modeled after the Home Improvement Holiday successfully implemented last spring. The program would include waiving penalties and interest for existing unlicensed businesses that paid their back taxes during this period, waiving home occupation registration fees as well as business license fees for all new businesses located in Anaheim, and was proposed to run from April 15 thru July 29th. Ms. Vander Dussen indicated additional activities would occur during this time frame to provide support to Anaheim businesses such as trying to assemble all the other regulatory agencies in one place so businesses could come in, get all the information they need about taxes, business assistance programs, and utilities in one particular location on one day. Other promotional activities in conjunction with the public information staff would be implemented to ensure businesses were aware of the amnesty program as well as aware of the provisions for new businesses. Council Member Hernandez stated that based on staff figures of 300 new businesses generating $50,000 per month, the average cost saving would be about $170 per new business with the proposed program. He did not think that savings created enough of a business incentive to entice individuals to locate in Anaheim and felt the greater incentive would be if the City placed a higher priority on public safety and crime prevention and hire new officers for a department short of manpower. He pointed to the Home Improvement Holiday which cost the City $800,000 in fees, would take 16 years to recoup and could have funded more officers. Council Member Hernandez suggested a study, possibly by the Orange County Business Council, on how much business would be generated by doing away with business licenses altogether. He pointed out if the study showed the City would exceed the $5.5 million by generating more businesses with the elimination of the business license, it should be explored. Council Member Galloway was supportive of the program that would send a message the City was business friendly and welcomed new businesses. She believed the Home Improvement Holiday was successful and encouraged residents to take action by partnering with them and the same excitement would be generated to new business owners with this program. Council Member Sidhu recognized the difficulties small business owners faced and while the dollars waived would be small, it afforded new businesses an opportunity to get started. He stated the elimination of business licenses could be studied, but support should be given to this program. Council Member Chavez concurred in his support for the program reflecting the word would get out that Anaheim was a great place to live and work. Mayor Pringle indicated this was a way to encourage activity with a modest amount of investment and that the City would be demonstrating their interest in small or large businesses sending the message that this was the right time and place for businesses in Anaheim. Council offered introduction of Ordinance No. 5958. _.,. T ANAHEIM CITY COUNCIL MEETING MINUTES March 1, 2005 Page 11 30. ORDINANCE NO. 5959 (INTRODUCTION) AN ORDINANCE OF THE CITY OF D159 ANAHEIM Amending Chapter 1.01 Of Title 1 of the Anaheim Municipal Code changing the title of Code Enforcement to Community Preservation. Mr. Morgan stated Ordinance 5959 would change the title of Code Enforcement to Community Preservation and was a recommendation from planning staff. He felt it was designed to speak more accurately to Council goals to preserve the community and ensure it was safe and clean and attractive. Council Member Galloway was supportive of the effort to change the name of code enforcement to community preservation to have a friendlier approach in gaining compliance. Bill Sell, Manager, remarked that in 1998/99 there had been 306 criminal prosecutions and last year there were three, which meant his office was getting compliance before prosecution was necessary. He felt people were getting the message that staff was there to help. Mr. Morgan interjected the City still had the ability to do what was necessary for compliance should other measures not work. Council Member Hernandez reflected he might not support this if it was not for the fact the City was on the verge of annexation of a certain area in the City and had recognized resistance to code enforcement in that neighborhood. He felt the softer term would yield more positive results. Council Member Chavez concurred that during a recent annexation meeting, code enforcement was mentioned several times out of fear and he believed the name change would enhance the City's ability to gain compliance when needed. Council Member Galloway introduced Ordinance. 5959 32. Consider appointing a member to the Cultural and Heritage Commission to complete 6105 the unexpired term of Mary Ruth Pinson, term to expire June 30, 2008. APPOINTMENT: With no objection from Council, Mayor Pringle continued the appointment to March 8, 2005. 33. Consider appointing a member to the Planning Commission to complete the 6105 unexpired term of Jerry O'Connell, term to expire June 30, 2007. APPOINTMENT: With no objection from Council, Mayor Pringle continued the appointment to March 8, 2005. 34. Discussion regarding reinstituting Employee Appreciation Day (requested by Council D154 Member Sidhu at the Council meeting of February 15, 2005). MOTION: _.._ ,, ANAHEIM CITY COUNCIL MEETING MINUTES March 1, 2005 Page 12 Council Member Sidhu suggested reinstituting Employee Appreciation Day to thank employees for their efforts. Mr. Morgan explained that the City recognized employees during Employee Day but that last year the event was cancelled due to a tough budget year. He recommended reestablishing the event on an every other year basis and recommended funds be included in the proposed budget for next year. Council Member Sidhu moved to reestablish Employee Appreciation Day every other year starting with FY 2005/06, seconded by Mayor Pringle. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - 0. Motion Carried. 35. Discussion regarding creating a Library Awareness Month (requested by Council D140 Member Sidhu at the Council meeting of February 15, 2005). MOTION: Tom Wood, Assistant City Manager, indicated that staff and the library had proposed celebrating Library Awareness Month in April and that each branch library, on a grassroots level, would create meaningful events for their library users. Council Member Sidhu remarked that more than 100,000 library cardholders borrowed more than 1,750,000 items from the library system last year and 1,625,000 library users availed themselves of services during that time. He pointed to the Haskett Branch library which would be reopened next year and a 5th facility, East Hill branch, to be located at the East Anaheim Police community Center. Additionally, he remarked a second CNG bookmobile would be on the road soon and invited all to celebrate and enjoy libraries services. Council Member Sidhu moved to approve Library Awareness Month in April, seconded by Council Member Chavez. Roll Call vote: Ayes - 5; Mayor Pringle, Council members: Chavez, Galloway, Hernandez and Sidhu. Noes - 0. Motion Carried. 36. Consider canceling the Council meeting of March 15, 2005. D114 MOTION: As a quorum would not be present at the March 15, 2005 meeting, Council Member Galloway moved to cancel the meeting, seconded by Council Member Hernandez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - 0. Motion Carried. __..._..~_ T. ... ANAHEIM CITY COUNCIL MEETING MINUTES March 1, 2005 Page 13 PUBLIC HEARINGS: 37. A public hearing to consider the abandonment of six public utility easements located P110 at 201 Katella Avenue (Abandonment No. 2004-00100). At the Council meeting held January 25, 2005, Item #10, the Anaheim City Council adopted Resolution No. 2005-07 declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. ABA2004-00100). Natalie Meeks, Public Works Department, indicated the abandonment was to vacate six public utility easements that were no longer required. She explained the property would be redeveloped and new easements would be dedicated to replace those abandoned. Mayor Pringle opened the public hearing, and receiving no testimony, closed the hearing. Council Member Sidhu to approve the CEQA findings of Categorically Exempt, Class 5, to approve Resolution No. 2005-25, Resolution of the City Council of City of Anaheim Vacating that Certain Six-Foot Public Utility Easement located at 201 Katella Avenue and to approve the quitclaim of the City's right, title and interest in the abandoned area. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - 0. Motion Carried. 38. APPLICANT REQUESTS CONTINUANCE TO MARCH 29, 2005. C250 CONTINUED PUBLIC HEARING: RECLASSIFICATION NO. 2003-00109 VARIANCE NO. 2004-04626 TENTATIVE TRACT MAP NO. 16545 OWNER: Red Curb Investments, P.O. Box 995, Torrance, CA 90508. AGENT: Thomas Hartley, 29462 Thackery Drive, Laguna Niguel, CA 92677. LOCATION: Property is approximately 53 acres, having a frontage of 190 feet at the terminus of Avenida de Santiago, located 260 feet west of the centerline of Pointe Premier. Reclassification No. 2003-00109 -Request reclassification of the property from the T (SC)(Transition; Scenic Corridor Overlay), formerly the RS-A-43,000(SC) (Residential/Agricultural; Scenic Corridor Overlay) zone to the RH-2(SC) (Single- Family Hillside Residential; Scenic Corridor Overlay) and OS (SC) (Open Space; Scenic Corridor Overlay) zones. Variance No. 2004-04626 -Request waiver of required private street standards to construct a private residential street without sidewalks or parkways. Tentative Tract Map No. 16545 -Request to establish a 28-lot, 21-unit detached single-family subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended Council approval of Reclassification No. 2003-00109 granted (PC2004-113) (5 yes votes, Commissioners Romero and Velasquez absent) Variance No. 2004-04626 granted (PC2004-114). Tentative Tract Map No. 16545 approved. ANAHEIM CITY COUNCIL MEETING MINUTES March 1, 2005 Page 14 (Planning Commission's decision appealed by Santiago Geologic Hazard Abatement District). With the consent of Council, Mayor Pringle continued to March 29, 2005. 39. VARIANCE NO. 2004-04637 C250 TENTATIVE TRACT MAP NO. 16803 AND NEGATIVE DECLARATION: OWNER: Phuc Huynh, 9840 Winthrop Circle, Fountain Valley, CA 92708 LOCATION: 331 East Simmons. Property is approximately 0.75-acre, having a frontage of 165 feet on the north side of Simmons Avenue, located 167 feet west of the centerline of Vern Street. Variance No. 2004-04637 -Request waiver of required lot frontage on a public or private street to establish a 5-lot, 4-unit detached single-family residential subdivision. Tentative Tract Map No. 16803 -Request to establish a 5-lot, 4-unit detached single-family residential subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 2004-04637 granted (PC2005-11) (5 yes votes, Commissioner O'Connell absent and one Commission vacancy). Tentative Tract Map No. 16803 approved. Negative Declaration approved. (Review of the Planning Commission's decision requested by Council Members Hernandez and Sidhu). Planning Director Sheri Vander Dussen, reported the Planning Commission approved afour- unit single-family residential project on the .75 acre site at 331 E. Simmons. The proposal included a variance request to waive the code requirement that all lots front a public or private street as well as a tentative map to subdivide the property. She commented that since there were only four homes being proposed, the two homes located to the rear of the property would be served by a driveway easement rather than a public or private street, commenting that staff and the Planning Commission supported the waiver. The existing single family residence, Ms. Vander Dussen explained, would be demolished if the project were approved and the property was zoned RS3 which permitted single family dwelling units on a minimum lot size of 5000 square feet. She informed the property to the west was zoned RS3 and was developed with condominiums, the properties to the north were zoned for multi-family residences and developed with apartment units, the properties to the east were zoned for single family and were developed with single family residences and properties to the south across from Simmons Avenue were in the City of Orange. Ms. Vander Dussen stated the General Plan Land Use Map designated the property for low medium density residential land uses which allowed up to 18 dwelling units per acre. This would allow for a maximum of 13 residential units on the site, but Ms. Vander Dussen indicated the applicant was requesting only four units. At the Planning Commission meeting two neighbors spoke in opposition to the project with concerns based on the proposed two-story height of the new homes, the lack of parking and the line of sight clearance for the proposed block wall which would be parallel to Simmons ..__ ~ ANAHEIM CITY COUNCIL MEETING MINUTES March 1, 2005 Page 15 Avenue. According to zoning code, Ms. Vander Dussen pointed out two-story homes reaching a maximum height of 30 feet could be constructed on every single family property in the neighborhood. To address the concerns related to height, the Planning Commission imposed a condition that required the applicant to submit final elevation plans to the Planning Department to depict the features that would mitigate visual intrusions to the adjacent properties. The applicant had submitted these plans and indicated that only bathroom windows would overlook the existing homes, so it was believed appropriate steps were taken to protect the privacy of the existing residences. The project also complied with City's parking regulations which required four parking spaces per residence. The applicant provided for additional parking spaces adjacent to the private drive so they exceeded the number of spaces required by Code. The final issue, remarked Ms. Vander Dussen, was the location of the proposed block wall that would be set back approximately 15 feet parallel to Simmons Avenue. Anew wall was proposed that would connect to the existing block wall to provide a side yard for the new residences and must comply with City standards and would not block line-of-sight for any adjacent property. Ms. Vander Dussen noted staff recommended approval of the development application as being compatible with existing land use pattern in the area. Ms. Vander Dussen requested elimination of condition number 24 through 27 as they did not apply to this project. In response to Mayor Pringle's question related to setbacks, Ms. Amy Vasquez stated it was five feet for the RS3 zone or single family dwellings for sideyard setbacks. Greg Hastings indicated the current zoning only allowed single family homes but the General Plan would allow the property to be rezoned for multiple family dwellings. He also remarked properties to the north were zoned multiple family and required a further setback requirement than the five feet. Mayor Pringle opened the public hearing. Ken Peterson of Kendricks and Associates, land surveyor who prepared the tentative map was available to answer any questions related to the project. Robert Schaefer, resident, understood that the developer could not be stopped from building two story units but requested Council consider privacy impacts as the homes would overlook the three bedrooms of his condominium. Mr. Schaefer suggested increasing the setback or obscuring the windows overlooking his property. Mayor Pringle inquired as to what had been suggested for restricting view access into neighboring homes. Ms. Vander Dussen replied there was a 15-foot rear yard setback and only bathroom windows would be located on the second floor overlooking the condominiums and a condition could be included to obscure the bathroom window glass. Randall Gargan objected to the two story design as interfering with the privacy expected in the long-time single family single story neighborhood. He felt the project as planned would open the door for development to the north and would bring foot traffic and graffiti to the neighborhood. He recommended redesigning the dwellings so that sides facing two-story homes be built as two stories and then sloped down to single stories for those sides facing single story homes. Mondo Gazi, resident, indicated his main concerns were the privacy issue of units overlooking his single story home and parking impacts. ANAHEIM CITY COUNCIL MEETING MINUTES March 1, 2005 Page 16 Mayor Pringle closed the hearing as no other comments were offered. He remarked there could not be an expectation that an empty lot in the middle of Anaheim would remain empty forever. He pointed out the applicant had reduced the number of windows overlooking the condominiums, and those remaining were bathroom windows. The applicant's representative confirmed the windows were 2 feet by 2 feet in size and had no objection to obscuring the glass in those windows. Council Member Hernandez ascertained that the bathroom windows could be opened but felt obscuring the glass should solve the neighbors' concerns. Council Member Chavez felt the plan suitably handled the privacy issue and was supportive of the item. Mayor Pringle stated that any development would have altered the neighborhood since the lot had been vacant for so many years and he felt the builder had been accommodating to the neighbors by coming in with a plan for four single family units which was less than what could be built on the site and had also exceeded the parking requirement. Additionally, the Mayor believed the building addressed the privacy issue raised by the neighbors. Council Member Sidhu stated the owner had the right to develop his property and had made every effort to make the development compatible with the neighborhood and moved to approve CEQA Finding of Negative Declaration, to approve Tentative Tract Map No. 16803 and to approve the Resolution No. 2005-25 granting Variance No. 2004-04637, including add the stipulation of "obscure glass in the back bathroom windows"; seconded by Council Member Chavez. Roll Call vote; Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - 0. Motion Carried. 40. GENERAL PLAN AMENDMENT NO. 2004-00421 P100 AND NEGATIVE DECLARATION: OWNER: California Shinnyo-En, 2220 Summit Drive, Burlingame, CA 94010. AGENT: Yadvinder S. Virk, Castle Development, LLC, 9017 Harvard Avenue, Buena Park, CA 90620. LOCATION: 502 South Harbor Boulevard. Property is approximately 1.2 acres, located at the southeast corner of Harbor Boulevard and Santa Ana Street. Request to amend the Land Use Element Map of the Anaheim General Plan redesignating the property from the Low-Medium Density Residential designation to the Low Density Residential designation ACTION TAKEN BY THE PLANNING COMMISSION: Recommended adoption of Exhibit A of General Plan Amendment No. 2004-00421 (5 yes votes and two Commission vacancies). Negative Declaration approved. Sheri Vander Dussen reported the Planning Commission had approved a 7-unit single family residential subdivision on the 1.2 acre project site. at 502 South Harbor Boulevard. To accomplish this project, the applicant had requested Council approve an amendment to the Land Use Element of the General Plan for a portion of this property to reclassify the property from low medium density residential to low density residential designation. As part of this project, she stated, the Planning Commission had approved a reclassification of the property _ _.._ , ANAHEIM CITY COUNCIL MEETING MINUTES March 1, 2005 Page 17 from the low intensity office zone in the residential single family zone to RS3 residential single family zone, a variance to waive the minimum lot depth next to an arterial highway for the lots adjacent to Harbor Boulevard and a tentative tract map to subdivide the property. Ms. Vander Dussen indicated the current General Plan land use designation of low medium density allowed 18 dwelling units per acre while the proposed low density residential would allow 6.5 units per acre on the project site. She noted the applicant was requesting a General Plan amendment to consolidate several parcels into one project site that would be designated entirely for low density residential was an appropriate designation since it would continue the same residential character of the neighborhood to the south. With the construction of the seven homes, the resulting density would be 5.8 dwelling units per acre and well-suited with the land use pattern of the neighboring single family homes. Ms. Vander Dussen indicated the Planning Commission recommended approval of the amendment. Mayor Pringle opened the public hearing. The applicant was available for questions. No public comments were received, the Mayor closed the hearing. Council Member Sidhu moved to approve the CEQA finding of Negative Declaration and to approve Resolution No. 2005-26 Approving an Amendment to the Land Use Element of the Anaheim General Plan Designated as Amendment No. 2004-00421, Exhibit A; Council Member Galloway seconded the motion. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - 0. Motion Carried. REPORT FROM CLOSED SESSION: None COUNCIL COMMUNICATIONS: Council Member Sidhu asked for the status of the amendment to Chief Welter's staffing report discussed during the mid-year budget review. The City Manager indicated the report would be ready by March 29th and would detail those strategies for ensuring positions were filled as soon as they were vacated as well as additional officers for the coming fiscal year. Council Member Sidhu moved to have that report agendized for the March 29th meeting, seconded by Council Member Chavez. Motion unanimously approved by Council. Council Member Hernandez announced the passing of three retired employees: John Daley, William Craig and Flore Harding. Council Member Lorri Galloway recognized Anaheim Hills Elementary School, Crescent Primary, Crescent Intermediate, Running Springs and Canyon Rim elementary School for Project Patchwork. She reported this project raised over $26,000 for Tsunami victims of Sri Lanka and she would present a certificate at the schools recognizing this effort. Council Member Chavez reported on his visit to a new mosque located on State College Boulevard and the Montessori school located on the site. Mayor Pringle had participated in an annual bond rating review in New York City along with members of the Anaheim Public Utility staff to present a positive picture of the City of _ ._ T .,., ANAHEIM CITY COUNCIL MEETING MINUTES March 1, 2005 Page 18 Anaheim. He pointed out Anaheim had the lowest power rates in Orange County, both residential and commercial, and was a valuable asset of the City. ADJOURNMENT: There being no further business to come before the City Council, Mayor Pringle adjourned the meeting at 8:25 P.M. Respectfully submitted: ~ L-~~~-- Sheryll Schroeder, MMC City Clerk _. _. _ ,,