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1999/10/19ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 19, 1999 The City Council of the City of Anaheim met in regular session. PRESENT: MAYOR : Tom Daly PRESENT: COUNCIL MEMBERS : Frank Feldhaus, Lucille Kring, Tom Tait, Shirley McCracken, ABSENT: COUNCIL MEMBERS: PRESENT: CITY MANAGER : Jim Ruth CITY ATTORNEY : Jack White CITY CLERK : Sheryll Schroeder ASST. CITY CLERK : Ann Sauvageau FIRE CHIEF : Jeff Bowman SENIOR HAZARDOUS MATERIALS SPECIALIST : Janet Ortiz PLANNING DIRECTOR : Joel Fick ZONING DIVISION MANAGER : Greg Hastings ZONING ADMINISTRATOR : Annika Santalahti PARKS SUPERINTENDENT : Jack Kudron A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 12:05 p.m. on October 15, 1999 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall) containing all items as shown herein. Mayor Daly called the workshop portion of the Council meeting of October 19, 1999 to order and welcomed those in attendance. City Manager, James Ruth. Fire Chief, Jeff Bowman is present to introduce today’s scheduled presentation on the California Accidental Release Prevention Program (CAL- ARPP) as well as staff who will present the program. CALIFORNIA ACCIDENTAL RELEASE PREVENTION PROGRAM (CAL- ARP) : 129: Fire Chief, Jeff Bowman. He first clarified that no action is being requested tonight. The presentation is simply to provide information about a purely technical program which has been 10 years in the making. Legislation was introduced in Washington, D.C. in 1990 and the program is just coming to fruition. It is about places of business in the community that have hazardous chemicals. Both the Federal and State government have enacted a law requiring the individual businesses, of which there are 38 in the City, to do a public disclosure and also hold public meetings to inform the public and the media. He then introduced Janet Ortiz, Senior Hazardous Materials Specialist who will give the presentation and brief the specifics of the program. Janet Ortiz , Senior Hazardous Materials Specialist. Her presentation was supplemented by Power Pointe slides, hard copies of which were submitted in booklet form – see California Accidental Release Prevention Program (made a part of the record). The presentation covered the following topics which were briefed in detail : Aim of the Program (institute safeguards to reduce risks associated with certain chemicals known as “regulated substances”, ensure public is protected from accidental releases of regulated substances, develop communication between industrial facilities and the community about the potential hazards associated with industrial processes), History – 1990-1999 (in 1990 – Risk Management Program ( RMP) promulgated in the Federal Clean Air Act Amendments), Required Risk Management Program Components (hazard analysis, prevention program, emergency response program), Hazard Zones (graphic depiction of the information that the businesses have to share with the public), Risk Management Plan (summarizes the business’ Risk Management Program which must be ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 19, 1999 submitted to the Fire Department), Typical RMP Facilities, Anaheim RMP Sites (map of City showing where the sites are located), Fire Department’s Role as the Oversight Agency and in Public Communications, Business’ Role in Risk Communication, Implementation Strategy (including proposed actions). At the conclusion of the presentation, Fire Chief Bowman noted the great deal of work that went into the Program by staff with Janet Ortiz being actively involved and also Julie Kunze, Deputy Fire Marshal, who was active in the State role. Questions were then posed by Council Members relative to the specifics of the program especially with regard to the additional disclosure requirements imposed on businesses which were answered by Ms. Ortiz and the Fire Chief. Concerns were also expressed that the new requirements may be detrimental to the businesses who may then move to other states since it was explained that California is more stringent than the country as a whole. Ms. Ortiz stated that the chemicals added to the list are unique to California. The chemicals have been in (California) communities for many years. The intent of the legislation is to prevent releases, but if they occur, the want local businesses and residents to be aware of the hazard potential that is there and to have a plan to mitigate those releases as soon as possible. Those businesses will now have to work in concert with the Fire Department through a predeveloped plan. She also assured Council Member Tait that Anaheim is not adding regulations but is the implementing agency. Before concluding, Council Member Tait stated he is generally concerned about creating unreasonable fears and he does not know how they are going to deal with that aspect. He asked as they go through the program that the Fire Department communicate to the businesses this is the implementation of State law and not Anaheim’s specific law and to make it as least burdensome as possible. He feels people initially are going to be nervous and apprehensive. Jeff Bowman. She explained this is not dissimilar to the requirements those businesses have now to disclose annually. Each annual period, his staff has a meeting and invites businesses to come to a central place to help them fill out an application. That is what they can do on a local basis rather than a regional basis. Mayor Daly thanked staff for the informative presentation which will assist the Council when questions are asked by the public. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there were no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Cl osed Session items. The following items are to be considered at the Closed Session. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 1. 54956.9(a) – Existing Litigation: Name of case : Vista Royale Homeowners Assoc. vs. 396 Investment Co. fka The Fieldstone Company, et al., Orange County Superior Court Case No. 77-30-74, (and related cases). CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 2. 54956.9(c) – Anticipated Litigation: Number of potential cases : one. 2 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 19, 1999 CONFERENCE WITH LABOR NEGOTIATORS: 3. Agency designated representatives : David Hill, Jim Ruth Employee organization : Anaheim Fire Association, Anaheim Police Association CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 4. 54956.9(a) – Existing Litigation: Name of case: Majtahed vs. City of Anaheim, et al. Orange County Superior Court Case No. 80- 23-40 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: 5. Title: City Manager, City Attorney, City Treasurer, City Clerk (Public action may be taken on sa lary adjustments for City Council appointees) RECESS: Mayor Daly moved to recess into Closed Session. Council Member McCracken seconded the motion. MOTION CARRIED. (3:50 P.M.). AFTER RECESS: Mayor Daly called the regular Council meeting of October 1 9, 1999 to order at 5:43 P.M. and welcomed those in attendance. INVOCATION: Pastor Steve Isenman from the West Anaheim United Methodist Church gave the invocation. FLAG SALUTE : Council Member Frank Feldhaus led the assembly in the Pledge of Allegiance to the Flag. 119 PRESENTATIONS – STATE AND NATIONAL AMATEUR BOXING COMPETITIONS : : Mayor Daly introduced Mr. Ed Kostiuk, Recreation Coordinator in Community Services, the “teacher” of those who will be presented with recognitions tonight. Ed Kostiuk first briefed the program that has been provided to the youth of the community for many years through the Anaheim Boxing Club now housed in the new Youth Center built as a part of the Downtown Community Center. He noted that the Boxing Club serves 140 youth per day and tonight he is pleased to introduce three boxers (a fourth was unable to attend) who won Championships in their weight class: Anahi Gutierrez , 12 yrs . old, Sycamore Junior High – 1999 Western United States Silver Gloves Championship and 1999 California State Junior Golden Gloves Championship; Jessie Pacheco, 14 yrs. old, Loara High School – 1999 Western United States Silver Gloves Championship and 1999 California State Junior Golden Gloves Championship; Ismael Rosas, 16 yrs. old, Loara High School – 1999 National Silver Gloves Championship and 1999 California State Junior Golden Gloves Championship. (Unable to attend – Anthony Hernandez, 16 yrs. old, Gilbert High School – 1999 United States Silver Gloves Silver Medal and 1999 national Junior Olympics Silver Medal). Mayor Daly presented the boxers with Flying “A” Certificates and each were congratulated by the Mayor and Council Members ;Mr. Kostiuk noted that over and above the youngster’s athletic achievements, all of them have maintained a 3.0 grade point average in their school work as well. PRESENTATIONS - EMPLOYEE SERVICE AWARDS: Mr. Walt Jerz, Personnel Analyst, Human Resources Department announced the presentation of Service Awards to long-term City employees who have served the City for 25, 30, 35 and 40 years. Thirty-seven employees are present tonight to accept 3 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 19, 1999 the awards marking their respective years of service – 46 additional employees also serving from 25 to 35 years will be receiving awards but were unable to be present tonight. Mayor Daly and Council Members assisted in handing out the awards to the following employees: 40-Year Award 35-Year Award – Catherine Langer , Library (Community Services); – Michael Collin, Fire Engineer. 30-Year Awards : Community Development – Margie Bender; Community Services - Richard Bornfleth, Fredrik Hill; Fire – Scott Schoeppner; Public Utilities – George Campbell; Public Works – Rodney Hallock. 25-Year Awards : Community Development – Linda Garcia; Community Services – Brad Bagwell, Rudolph Felipe, John Fennell, Brian Nofziger; Convention Center – Gerald Hughes; Finance – William Sell; Fire – Jerry Austin; Human Resources – Christopher Chase, Virginia Kilmurray; Planning – Joel Fick, Richard LaRochelle Sr.; Police – Roger Baker, Martin Curry, Richard Dyer, James Gandy, Walter Jackson, David Kussman, Richard Martinez, Anna McLaughlin, John Oldroyd, Werner Raes, Robert Roe, Peter Wann, Debra Wuest; Public Utilities – Steven McKinney, Michael Reynolds, Eduard Vrolijk; Public Works – Louie Vecchione Jr. Mayor Daly, on behalf of the Council and the City, congratulated all the employees. The long-term service of these dedicated public servants is greatly appreciated. RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: DECLARATIONS 119: : The following Declarations were issued and authorized by the City Council: DECLARATION recognizing the Anaheim Prayer Breakfast. th DECLARATION recognizing Toastmasters International on their 75 anniversary. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,565,084.41 for the period ending October 11, 1999, and $5,371,943.94 for the period ending October 18, 1999 in accordance with the 1999-2000 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Anaheim Housing Authority meeting. (6:06 P.M.) Mayor Daly reconvened the City Council meeting. (6:14 P.M.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Linda Lee Grau , 24 Morning Dove, Irvine. Reduce the size, cost and intrusion of government ; Savas Roditis pays money to the OCTA for his 40 cabs to be able to deliver in Anaheim which entity wants to build (what she calls) a one billion dollar “blight-rail” boondoggle in competition with Mr. Roditis’ company. PUBLIC COMMENTS – AGENDA ITEMS: Public input was received on item A9 and A22 (see discussion under those items). 4 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 19, 1999 MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of October 19, 1999. Council Member McCracken seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 – A24: On motion by Mayor Daly, seconded by Council Member McCracken , the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Mayor Daly offered Resolutions Nos. 99R-210 through 99R-213 , both inclusive, for adoption. Mayor Daly offered Ordinance No. 5704 for adoption. Refer to Resolution/Ordinance Book. A1. 118: Rejecting and denying certain claims filed against the City. Referred to Risk Management. The following claims were filed against the City and actions taken as recommended: a. Claim submitted by Shawn O. Cummings for property damage sustained purportedly due to actions of the City on or about July 30, 1999. b. Claim submitted by Mildred M. Dudziec for property damage sustained purportedly due to actions of the City on or about July 10, 1999. c. Claim submitted by John & Matilda Garrow, c/o Michael A. Lotta, Esq. for bodily injury sustained purportedly due to actions of the City on or about February 26, 1999. d. Claim submitted by Pamela Holsinger for property damage and property damage sustained purportedly due to actions of the City on or about August 8, 1999. e. Claim submitted by Ritchie R. Kingsley for property damage sustained purportedly due to actions of the City on or about July 21, 1999. f. Claim submitted by Alicia Martinez for property damage sustained purportedly due to actions of the City on or about August 18, 1999. g. Claim submitted by Maria Robles for property damage sustained purportedly due to actions of the City on or about July 7, 1999. h. Claim submitted by Sempra Energy for property damage and property damage sustained purportedly due to actions of the City on or about March 12, 1999. i. Claim submitted by Lakisha Nicole Vaughn, c/o Robert M. Zavidow Esq. for property damage and bodily injury sustained purportedly due to actions of the City on or about December 11, 1998. A2. 175: Receive and file a Notice of Meeting and Agenda for El Toro Airport Citizens Advisory Commission for October 14, 1999, to hold a joint meeting of the El Toro Airport Citizens Advisory Commission and The Orange County Airport Commission. 105: Receive and file minutes of the Anaheim Redevelopment and Housing Commission held September 1, 1999 and September 15, 1999. 156: Receive and file the Anaheim Police Department Crime and Clearance Analysis for the month September 1999. 5 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 19, 1999 A3. 169: Award a contract to the lowest responsible bidder, L. A. Signal, in the amount of $43,960 for CDBG Funded Neighborhood Street Light Improvements and approve the Escrow Agreement pertaining to contract retentions with L. A. Signal and authorize the Finance Director to sign said Agreement. A4. 175: Accept the bid withdrawal request by Leatherwood Construction, Inc. per Public Contract Code Section 5103; award a contract to the lowest responsible bidder, Steve Casada Construction in the amount of $483,400 for Helena Street Water Main Replacement and approve the Escrow Agreement pertaining to contract retentions with Steve Casada Construction and authorize the Finance Director to sign said Agreement. A5. 175: Approve Contract Change Order No. 1, in the amount of $172,989.45, in favor of Valverde Construction Inc., for the I-5 Segment “D” Water System Relocation and authorize the Director of Public Works to execute Contract Change Order No. 1 and any related documents. A6. 175: Approve Contract Change Order No. 1, in the amount of $106,327, in favor of Valverde Construction Inc., for the I-5 Segment “A-3” Phase II, Water System Relocation and authorize the Director of Public Works to execute Contract Change Order No. 1 and any related documents. A7. 176: RESOLUTION NO. 99R- 210 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and service easements and set a date and time to approve the abandonment of a portion of the alley located South of Broadway, between Ohio Street and Indiana Street. (Suggested public hearing date: November 9, 1999). Abandonment No. 99-7A. A8. 123: Amend the Capital Improvement budget in the amount of $172,000 for construction of a new traffic signal at the Catellus Development driveway on Tustin Avenue, amend the operating budget in the amount of $318,000 for signal system improvements at thirteen intersections and authorize the Director of Public Works to enter into a sole-source agreement with Eagle Traffic Control Systems to provide SCOOT system installation as part of the Catellus Development Project. A9. 174: RESOLUTION NO. 99R- 211 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM to continue a Disadvantaged Business Program for all projects in the City of Anaheim receiving United States Department of Transportation Funding and establishing a Disadvantaged Business Enterprise goal of 13.00% for the Federal fiscal year ending September 30, 2000. Linda Lee Grau , 24 Morning Dove, Irvine. If there are disadvantaged businesses in Anaheim, it is because there is too much government intrusion. There is a two-cab company monopoly in Anaheim. Give Savas Roditis his 100 cabs. A10. 123: Approve the Amendment to District Agreement No. 12-205-A1 and authorize the Mayor and City Clerk to execute the agreement with Caltrans for additional costs incurred on the Gene Autry Way/I-5 HOV freeway project. A11. 123: Approve the Program Supplement No. 041 to the State-Local Transportation Partnership Program Agreement No. SLTPP-5055 for the Imperial Highway Smart Street widening improvement project from Santa Ana River Bridge to Santa Ana Canyon Road. A12. 123: Approve the Program Supplement No. 042 to the State-Local Transportation Partnership Program Agreement No. SLTPP-5055 for the West Street/Ball Road Street improvement project. 6 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 19, 1999 A13. 123: Approve the Program Supplement No. 043 to th e State-Local Transportation Partnership Program Agreement No. SLTPP-5055 for the Sunkist Street improvement project from La Palma Avenue to South Street. A14. 123: Approve the Program Supplement No. 044 to the State-Local Transportation Partnership Program Agreement No. SLTPP-5055 for the Romneya Drive (East Street to State College Blvd.) street improvement project. A15. 123: Approve the Program Supplement No. 045 to the State-Local Transportation Partnership Program Agreement No. SLTPP-5055 for the State College Blvd. (South Street to Wagner Avenue) street improvement project. A16. 123: Approve an Agreement with Southern California Edison Company for replacement of overhead facilities with underground electrical facilities 660 feet west of Harbor Blvd. to Ninth Street and authorize the Mayor and City Clerk to execute the agreement; approve the Joint Use Agreement Serial No. 64811A with Southern California Edison Company and authorize the Mayor and City Clerk to execute the agreement. A17. 160: Accep t the low bid of C.G.I. Systems, in the amount not to exceed $231,719 for the fabrication, wiring, installation and removal of twelve steel relay panels, in accordance with Bid #5974. A18. 142: ORDINANCE NO. 5704 (ADOPTION ) AN ORDINANCE OF THE CITY OF ANAHEIM repealing and adding Chapter 1.09 of Title 1 of the Anaheim Municipal Code relating to Campaign Reform. Council Member Tait . The Council (four members) voted a while back (see minutes of September 21, 1999) to repeal the existing ordinance but that did not pass on a 2-2 vote. What is before them is a compromise. It is a better ordinance than the existing one although he still feels it should be repealed. For him, this is a “ Hobson’s Choice” – either he votes yes and they will then have one less-stringent or less-onerous ordinance, or he votes no keeping the existing ordinance which he believes is “terrible.” That is the reason he is going to vote for the proposed ordinance but still feels it should be repealed. The City will then be governed by State law just as 85% of the cities in California. Mayor Daly. Upon the advice of his attorney, he will continue to abstain on the matter although he does want to participate as soon as he is able to do so; however, there are still unfinished steps in his case. He believes there will be quite a few future discussions on Campaign Reform and the City’s ordinance. Later in the meeting when the vote was taken on the Consent Calendar, Council Member Feldhaus and Mayor Daly abstained on this item. A19. 179: RESOLUTION NO. 99R- 212 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 99R-102, nunc pro tunc, relating to Conditional Use Permit No. 4109. Answering Council Member Kring, City Attorney White explained this was a CUP with a requested variance to retain existing billboards on site. The Council approved the CUP but denied the variance. In fact, the applicant at the hearing indicated he had no problem with the condition requiring removal of the billboard because that was his intention in any event. Since there are a number of resolution forms, when the resolution was prepared, the wrong one was produced which indicated that the variance was granted rather than denied but that was not the action the Council took as reflected in the minutes. Once it was brought to his attention, they prepared a revised resolution to correct the error which is on the agenda tonight. 7 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 19, 1999 Mayor Daly. The bottom line is that the billboards will be removed ; City Attorney White. That was the requirement as approved by the Council. The proposed resolution will correct the error in the prior resolution which requires the billboards to be removed. A20. 123: Approve an Agreement with the Anaheim Fall Festival for the co-sponsorship of the Fall Festival on October 23, 1999. Nick Alivojvodic , 300 W. Cypress Street, Anaheim, Co-Chairman of the Anaheim Fall Festival. He is present on behalf of his Co-Chairman, John Machiaverna (who could not be present) to officially invite the Council to the Annual Fall Festival which is taking place on Saturday, October 23, 1999. He is also present to emphasize how intrinsic the City’s co-sponsorship of the event is. He thanked the Council for their past support and for their continued support this year. He also thanked those members of the Community Services Department who are so instrumental in the success of the Festival. Council Member Feldhaus . The Fall Festival event was revived about five years ago. He thanked the Fall Festival Committee for its hard work in continuing the event as well as previous Councils and also the current Council for the support given. A21. 150: RESOLUTION NO. 99R- 213 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the application for Grant Funds for Playground Rehabilitation Projects at Maxwell and Hansen Parks and authorize the City Manager to take any and all actions necessary to implement the program. A22. 123: Authorize the Director of Community Services to negotiate an architectural co nsultant service agreement for the Anaheim Hills Golf Course Clubhouse development project. Stefanie O’Neill Perry, 5949 E. Avenida Arbol , Anaheim. She is speaking on behalf of the Concerned Citizens of the Canyon. Relative to the subject proposed renovation of the Anaheim Hills Golf Course Clubhouse, the facility is mainly used by people other than residents of the City. Further, a clubhouse would only benefit adults. She is asking that the City look closely towards putting the money in a more community oriented project such as a park on the Maag Ranch property and that staff be directed to look into that possibility. John Howard, President, Junior Concerned Citizens of the Canyon, 178 N. Paseo Provo , Anaheim. He asked that they please consider spending the money on a park and sports area instead of a bar or restaurant so that kids will have a place to play. Council Member Tait. This is a proposal for an architect to spend about $450,000 to design a golf course clubhouse which will cost about $6.2 million. In light of some of the difficult choices/decisions the Council has to make, he believes a park for Maag Ranch would be a great idea. There is already a clubhouse and a facility at the Anaheim Hills Golf Course. It is not perfect but it serves the purpose. He cannot see spending $6.2 million on a bar and restaurant when they should be in the business of planning more parks. He is going to vote no. Mayor Daly asked for clarification if the proposal is asking for authorization to solicit an RFP (Request for Proposal) and subsequently a recommendation would come back to the Council. Jack Kudron, Parks Superintendent. Staff is asking for permission to issue an RFP and upon selection of a successful firm, they would bring the contract back to the City Council. He also clarified upon further questioning by the Mayor that this would not be for a refurbishment of the existing clubhouse but a new design, a new clubhouse replacement, and also include in the RFP language that the same architect would be responsible to design the temporary facilities while the new one is under construction. 8 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 19, 1999 Council Member Tait . About 70% of the golfers are not even Anaheim residents. What they are doing is subsidizing a clubhouse for 70% non-residents. The money would be much better used for any number of parks in Anaheim. Mr. Kudron then relayed the following information upon additional questioning : just staff time will be used in the RFP process – members of Community Services and Public Works will be involved, staff is writing the RFP, minimal public expense is involved in this initial process. Relative to the financing plan, in the next two or three weeks, they are going to propose a change in the greens fees structure – one for residents and the other for non-residents. Resident green fees will remain the same; non-resident fees would be increased to pay for the clubhouse. Fees are adopted by resolution and it would be staff’s intent to bring the resolution to the Council. Council Member Feldhaus . He recalls they had this discussion before when they talked about getting bond financing. At the time, he stated it should be a self-funded operation. It sounds like that is the “hook” being put on the proposal – getting non-residents to pay for it. Jack Kudron. There will need to be some financing, whether revenue bonds or whether the City can put the money up front and golf funds would then repay the City. There would still be some interest whether a bond issue or a loan from City funds. He reiterated, the intent is to raise the greens fees. They have done a study in terms of tolerance in the marketplace and they believe they can raise the fees and generate enough money to pay off the clubhouse in approximately 20 years. It could be done quicker depending on the interest rate or any drop in play. MOTION. Council Member Tait moved to deny the recommendation. Before any action was taken, Mayor Daly stated he was sympathetic to the idea and very sympathetic that they should create more park space and particularly athletic fields throughout Anaheim. On the other hand, improvements at the Anaheim Hills Golf Course ( AHGC) have been discussed for a long time. He does not see harm in inviting proposals from architects at very little cost in public funds. At some point in the future, they will have to decide whether they want to spend $6 million. At that time, he hopes they will also know what other types of parks projects to address. They have talked about a variety in various parts of the City including Anaheim Hills. At this time, he is comfortable with moving forward on the subject proposal. Council Member Tait . He notes his motion dies for lack of a second. Council Member Feldhaus . The Anaheim Hills Golf Course and Clubhouse is an asset that the City has to continue to promote so that, in turn , people will continue to play at the course. It is not only necessary to maintain the courses but provide facilities to compete with other courses. He feels a new clubhouse is important. They have also talked about holding weddings there as well as other community events. Revenues would be generated from non-residents. He reiterated, the City owns the asset and it is important they insure it continues to be successful; otherwise, they will be back to the old idea of going out to bid for a private company to take over. Council Member Tait . There is an existing clubhouse and it does serve its purpose. He does not think people play at a golf course because of the clubhouse. He reiterated, he would rather see the money used for park purposes ; Council Member Feldhaus. He agrees relative to parks, but he does not believe the Maag Ranch development should be contingent on the clubhouse. Mayor Daly. He asked, if the project is downsized and the Council instead asks for a $3 - $4 million dollar project rather than $6 million, will new proposals then have to be solicited or can it be recrafted so that the proposals are multipurpose. 9 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 19, 1999 Jack Kudron. Staff did not anticipate recrafting from the original conceptual design. The current configuration is about 24,000 square feet and the clubhouse about 7,000 square feet. They would have to either rewrite the RFP or ask for some extra work of the consultant to downsize the facility. There are not many alternatives. There are two banquet rooms in the proposed facility that hold approximately 160 people each. These could be combined to hold up to 300. That is about the only place in the design that could be changed. It is important to note, their estimate is they can do about $100,000 a year in additional revenue from the banquet room that will help support payment of the clubhouse. Council Member McCracken . The clubhouse has some problems. It is not a premier facility for a premier golf course. It is used for tournaments and major events. She agrees with Council Member Feldhaus that it is an asset that needs to be maintained, replaced or repaired now because in the future, the cost will escalate perhaps to double or triple the $6.2 million. Council Member Kring . She talked to Mr. Kudron earlier about doing renovations which would cost about one half (of the $6.2 million). She relayed a couple of areas of needed repair at the clubhouse of which she was aware. They need to seriously consider doing something to “patch up” the clubhouse. It is incumbent to make sure assets of the City and taxpayers are maintained in an economic and profitiable way ; Council Member Tait. He is not against repairing and maintaining but against demolishing and spending $6.2 million on brand new facilities. Mayor Daly. While the RFP is being processed and proposals coming in, the Council should probably talk about the issue again, solidify where they are going with the project, revisit the previous renderings and revisit the financing plan. Staff should try to schedule meetings with the Council Members so they can bring closure to the issue. Later in the meeting when a vote was taken on the Consent Calendar Items, Council Member Tait voted no on the subject recommendation. A23. 182: Authorize an application for the Orange County Emergency Food and Shelter Program ( EFSP XVIII) in the amount of $20,000 for the provision of homeless services and authorize the Mayor and/or Executive Director to execute the required certifications and application documents. A24. 114: Approve minutes of the Anaheim City Council meeting held September 14, 1999 and September 21, 1999. Roll Call Vote on Resolution Nos. 99R-210 through 99R-213, both inclusive, for adoption: AYES: MAYOR/ COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS : None ABSENT: MAYOR/COUNCIL MEMBERS : None The Mayor declared Resolution Nos. 99R-210 through 99R-213, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance No. 5704 for adoption: AYES: MAYOR/COUNCIL MEMBERS : Kring, Tait, McCracken NOES: MAYOR/COUNCIL MEMBERS : None ABSENT/ABSTAINED : MAYOR/COUNCIL MEMBERS: Feldhaus, Daly The Mayor declared Ordinance No. 5704 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. 10 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 19, 1999 APPOINTMENT TO THE PLANNING COMMISSION: A25. 105: Appointment to the Planning Commission to fill the unscheduled vacancy of Alden E. Esping, for the term ending June 30, 2002. (Continued from the meeting of October 5, 1999, Item A11.) Mayor Daly opened nominations to fill an unscheduled vacancy on the Planning Commission for the term ending June 30, 2002. Council Member Kring nominated Kevin Crampton; Council Member McCracken nominated Craig Arnold; Council Member Feldhaus nominated Mary Bouas. Council Member Feldhaus gave the background on Mrs. Bouas as did Council Member Kring and McCracken on their respective nominees. Mayor Daly. He had previously supported Mrs. Bouas and Mr. Arnold when those nominees were voted on at the meeting of October 5, 1999 (see minutes that date). It is his intention to continue to support both since he believes they are both qualified and ready and willing to serve. He met with Mr. Crampton and was impressed with his energy, enthusiasm and background. He would certainly support him for one of the City’s other Boards and Commissions; however, relative to the Planning Commission, it is a complicated assignment and generally people are proven to some extent in the community in some form before they are appointed to the Planning Commission. He reiterated , he would like to support Mr. Crampton for another commission in the future when the opportunity arises. A vote was then taken on the nominees in the order in which they were nominated. Kevin Crampton - Ayes: Kring, Tait. Noes: Feldhaus, McCracken, Daly. Craig Arnold - Ayes: Kring, Tait, McCracken, Daly. Abstained: Feldhaus. Council Member Feldhaus subsequently changed his vote to an aye. The vote was, therefore, unanimous. Before a vote was taken on Mrs. Bouas, the City Attorney asked Council Member Feldhaus if he was thereby withdrawing her name as a nominee; Council Member Feldhaus withdrew the name of Mary Bouas. Mr. Craig Arnold was thereupon appointed to the Planning Commission for the term ending June 30, 2002. APPOINTMENT TO THE SENIOR CITIZEN COMMISSION: A26. 105: Appointment to the Senior Citizen Commission to fill the unscheduled vacancy of Muriel Nelson, for the term ending June 30, 2002. Mayor Daly opened nominations to fill an unscheduled vacancy on the Senior Citizen Commission for the term ending June 30, 2002. Both Council Member Kring and Council Member McCracken nominated Mr. Ken Moe; there were no other nominations. MOTION: On motion by Council Member McCracken seconded by Council Member Kring, Mr. Ken Moe was appointed to the Senior Citizen Commission for the term ending June 30, 2002. MOTION CARRIED UNANIMOUSLY. 11 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 19, 1999 ITEMS B1 – B2 FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 27, 1999 – INFORMATION ONLY APPEAL PERIOD ENDS OCTOBER 19, 1999: CONDITIONAL USE PERMIT NO. 4133 AND NEGATIVE DECLARATION B1. 179: OWNER: Lawrence A. Greco, P.O. Box 6605, Woodland Hills, CA 91365-6605 AGENT: Richard Garcia, 1687 West Lincoln Avenue, Anaheim, CA 92801 LOCATION: 1695 West Lincoln Avenue. Property is 0.44 acre located at the northeast corner of Euclid Street and Lincoln Avenue. To permit an auto repair, auto body and paint facility. PLANNING COMMISSION DECISION: CUP No. 4133 GRANTED, to expire December 31, 2001 ( PC99-175) (5 yes votes, 1 no vote, 1 vacancy). Approved Negative Declaration Both Council Member Feldhaus and Mayor Daly posed questions on the subject request for a CUP which staff clarified was a result of a Code Enforcement action. Council Member Feldhaus also asked if Community Development is working with the applicant to find a location. He also noted the staff report referred to a letter of opposition which is not a part of the Council packet. He would like to have been able to see that letter. Joel Fick , Planning Director. He confirmed that Community Development staff did spend time working with the applicant. The Planning Commission approved the CUP for a time period to expire December 31, 2001 ; Greg Hastings, Zoning Division Manager. Relative to the opposition, they received a letter from the property owner at the southwest corner of Lincoln and Euclid indicating they did not feel the request was an appropriate use especially because they are operating in violation of the zoning code. The two-year approval by the Planning Commission was timed to the end of the applicant’s lease who indicated that the business owner could not find another location. They did work closely with Community Development staff; however, it was indicated that their clientele is centered in the area. They decided instead to store the automobiles off site. They will be stored indoors at another location and at the end of the lease, the CUP will expire. Joel Fick . There were also representations by the applicant that he would bring everything into compliance; Council Member Feldhaus questioned why would the applicant make an investment to bring the property into compliance only to have to move in two years. Council Member Feldhaus requested a review of the Planning Commission’s decision concurred in by Mayor Daly; therefore, a Public Hearing will be set at a later date. REPORT AND RECOMMENDATION ITEMS: CONDITIONAL USE PERMIT NOS. 244 AND 564 – REQUEST FOR INITIATION OF B2. 179: REVOCATION OR MODIFICATION PROCEEDINGS : City-initiated (Planning Department), 200 South Anaheim Boulevard, Anaheim, CA 92805, request to initiate revocation or modification proceedings for Conditional Use Permit Nos. 244 and 564 to establish a 44-unit motel with waiver of maximum structural height in the RS-A-43,000 Zone. Property is located at 1800 West Lincoln Avenue – Ha Penny Inn. PLANNING COMMISSION DECISION: Initiated revocation or modification proceedings. ITEMS B3 – B4 FROM THE PLANNING COMMISSION MEETING OF OCTOBER 11, 1999 – INFORMATION ONLY APPEAL PERIOD ENDS OCTOBER 21, 1999: 12 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 19, 1999 CEQA CATEGORICAL EXEMPTION – CLASS 11 B3. 179: FINAL SITE PLAN REVIEW NO. 99-05 – REQUEST FOR REVIEW AND APPROVAL OF A FINAL SITE PLAN : Cinderella Motel, Inc., 2416 West Shaw Avenue, Fresno, CA 93711, request for review and approval of a Final Site Plan to install two (2) wall-mounted hotel identification signs and two (2) freestanding directional signs. Property is located at 1747 South Harbor Boulevard - Candy Cane Inn. PLANNING COMMISSION DECISION: FINAL SITE PLAN REVIEW NO. 99-05 concurred with staff Approved final site plan. VARIANCE NO. 4374, TENTATIVE TRACT MAP NO. 15927 B4. 179: SPECIMEN TREE REMOVAL NO. 99-2 AND MITIGATED NEGATIVE DECLARATION: OWNER: Daniel Rudat, 370 Old Bridge Road, Anaheim, CA 92808 AGENT: Nicholson Construction Company, Attn: Thomas Q. Nicholson, 1421 North Wanda Road #160, Orange, CA 92667 LOCATION: 370 Old Bridge Road and 355 Country Hill Road. Property is 4.0 acres located on the east side of Old Bridge Road, 450 feet north of the centerline of Fairmont Boulevard. Variance No. 4374 – Waiver of (a) minimum lot area and (b) building site requirements, panhandle/flag lots. Tentative Tract Map No. 15927 - To establish a 7-lot (6 residential lots, 1 private street lot) single family residential subdivision. Specimen Tree Removal No. 99-2 – To permit the removal of 12 specimen trees. PLANNING COMMISSION DECISION: Variance No. 4374 APPROVED (5 yes votes, 1 no vote, 1 vacancy) Tentative Tract Map No. 15927 GRANTED, (6 yes votes, 1 vacancy) and Specimen Tree Removal No. 99-02 APPROVED (6 yes votes, 1 vacancy) ( PC99-184) ITEMS B5 FROM THE ZONING ADMINISTRATOR MEETING OF OCTOBER 7, 1999 – DECISION DATE: OCTOBER 14, 1999 INFORMATION ONLY – APPEAL PERIOD ENDS OCTOBER 29, 1999: ADMINISTRATIVE ADJUSTMENT NO. 171 B5. 179: EXEMPT SECTION 15061 (B)(3): OWNER: Jose Ramos & Janet Garcia, 1202 E. Haven Drive, Anaheim, CA 92805 1202 East Haven Drive : LOCATION: Property is 0.15 acre located at the southeast corner of East Street and Haven Drive, having a frontage of 81 feet on the east side of East Street, 53 feet on the south side of Haven Drive. Waiver of maximum fence height (3 foot high fence permitted; 4 foot high wrought-iron and block wall proposed) to construct a 4-foot high fence consisting of wrought-iron and block pilasters in the front yard setback area of a single-family residence in the RS-7200 zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 171 APPROVED. ( ZA 99-38 ) Mayor Daly posed questions relative to the proposed 4’ wrought-iron fence which were answered by staff who explained that the rationale for the exception in this case (4’ instead of 3’) is due to the fact that it is a corner house on a busy street. CONTINUED PUBLIC HEARING - VARIANCE NO. 4363 D2. 179: ENVIRONMENTAL IMPACT REPORT NO. 321: OWNER: Stadium View Anaheim, LP, 145 Commerce Way, Unit B, Walnut, CA 91789 13 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 19, 1999 AGENT: Bruce Ayres, 355 Bristol Street, Suite A, Costa Mesa, CA 92626 LOCATION: 2560 East Katella Avenue. Property is 2.04 acres located at the southwest corner of Katella Avenue and Douglass Road. To increase the permitted Floor Area Ratio for the subject property from 0.45 to 0.91 and waiver of (a) minimum parking lot landscaping (deleted), (b) minimum landscape setback adjacent to the SR-57 (Orange) Freeway, and (c) minimum structural and landscaped setback adjacent to Douglass Road, to construct a 4-story, 140-room hotel with pool, meeting and breakfast areas. (Re-advertised to September 28, 1999 to include new waiver). ACTION TAKEN BY THE PLANNING COMMISSION: VARIANCE NO. 4363 GRANTED, IN PART, Denying waiver (a) and granting waiver (b) ( PC99- 113) (6 yes, 1 absent) APPROVED the increase in Floor Area Ratio from 0.45 to 0.91 for this specific development proposal on this building site located in the Arrowhead Pond District of the Anaheim Stadium Area Master Land Use Plan. EIR NO. 321 Previously-certified. Informational item at the meeting of July 13, 1999, Item B6. Review of the Planning Commission’s decision requested by Mayor Daly and Council Member Kring. Continued from the meeting of August 17, 1999, Item D1. Staff requested a continuance to September 28 advertise waiver c. Continued as requested by the applicant from the , 1999 to meeting of September 28, 1999, Item D3. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News : September 16, 1999 Mailing to property owners within 300 feet : September 16, 1999 Posting of property : September 17, 1999 Submitted was report dated October 19, 1999 from the Planning Department requesting a continuance of the subject (continued) Public Hearing to November 2, 1999 . Mayor Daly asked if there was anyone who had a concern with an additional two-week continuance; no one indicated the requested continuance would cause a problem. MOTION. Mayor Daly moved to continue the subject Public Hearing two weeks to November 2, 1999 as requested by staff. Council Member McCracken seconded the motion. MOTION CARRIED. CONTINUED PUBLIC HEARING - WAIVER OF CODE REQUIREMENT D1. 179: CONDITIONAL USE PERMIT NO. 4144 AND NEGATIVE DECLARATION OWNER: Helmut and Ruth Fetter, 2221 East Vermont Avenue, Anaheim, CA 92806 LOCATION: 821-825 North Euclid Street. Property is 0.94 acre located on the west side of Euclid Street 130 feet north of the centerline of Glenoaks Avenue. To establish conformity with existing zoning code land use requirements for an existing commercial center, to construct a new unit for a retail carpet sales warehouse with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4144 GRANTED, in part ( PC99-156) (4 yes votes, 2 no votes, 1 absent) WAIVER OF CODE REQUIREMENT APPROVED in part (4 yes votes, 2 no votes, 1 absent) Approved Negative Declaration. Informational item from the meeting of August 24, 1999, Item B15. Review of the Planning Commission decision requested by Mayor Daly and Council Member McCracken. Continued as requested by applicant from the meeting of September 28, 1999, Item D1. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News : September 16, 1999 Mailing to property owners within 300 feet : September 16, 1999 Posting of property : September 17, 1999 14 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 19, 1999 Greg Hastings, Zoning Division Manager described/briefed the proposal as outlined in Staff Report to the Planning Commission of August 16, 1999. Staff recommended denial on the basis that the proposed warehouse addition would adversely affect the residential land uses to the west and that the anticipated operations related to this use may cause congestion in circulation patterns to the center. He then confirmed for the Mayor that there are two portions to the request – one is the conformity finding on which staff is recommending approval and the second is for the physical expansion of the center which they are recommending be denied. The non-conforming use is the entire shopping center – the individual uses are conforming; Joel Fick, Planning Director, clarified if a new center was being proposed today, it would require a CUP which was not required when the center was built. Mayor Daly asked if the proposed warehouse is a non-conforming use; Mr. Hastings answered, combined with a retail use, it is an accessory use which would be permitted. Mayor Daly opened the Public Hearing and asked first to hear from the applicant or applicant’s agent. Applicant’s Statement : Simon Frank. He is the owner and is present to answer any questions; Mayor Daly asked if there was anything he would like to say about how the proposed (warehouse) use fits in with the shopping center. Simon Frank. He studied the whole center. Euclid Street is a very good potential for carpet and tile flooring hardware especially next to OSH Hardware (across the street to the south). He also studied the parking lot and everybody parks in the front. The back is empty. All the tenants would be required to park their cars in the back so customers could park in the front. The parking study shows there is always plenty of parking available at the center. The warehouse would be located in the back of Unit D ; Joel Fick. The warehouse would be attached to the building and extend back toward the rear property line. It would be 10’ from the rear property line and from the three-story residential apartment building on the other side. Staff estimates the apartment building is probably 5’ from the (apartment building) property line. The close proximity of the proposed warehouse with delivery doors and roll-up doors being that close to residential is the basis of staff’s concern and also the possible unknown use that may occupy the warehouse in the future should the carpet business not be there. Mr. Frank then confirmed for the Mayor that they will be buying the whole center and not just Unit D. He has been renting a building in Placentia for 15 years and he invited them to contact the owners of that facility who is a friend of his. Upon additional Council questions, Mr. Frank reported that when he buys the center, he does not plan to change the businesses that are there. The reason he wants to expand is to earn more income. He is also a resident of the City and wants to stay here. Owning the building will work very well for them. Council Member Tait . The problem he has is the proposed expansion with an industrial use right next to residential. If they expand the existing use there will be no problem. Simon Frank. The building does not have a place to put the carpet inside. They need the warehouse to store the material and without the warehouse, they cannot use the building. There will not be any noise. At present, the restaurants on the property have a lot of deliveries with big trucks. The building behind sells clothing and they get a lot of deliveries. His business will probably have deliveries two or three times a week. He clarified they do deliver the carpet and install it. They use battery-operated fork lifts and there are electric doors. There will be no noise. Mayor Daly closed the Public Hearing. Mayor Daly. Planning staff recommended approval of the CUP to bring the center into conformity and also recommended approval of the parking waiver; however, they recommended against allowing the addition of the warehouse. He believes the recommendation is a good one. The traffic circulation on the 15 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 19, 1999 property is already difficult and with the apartment building immediately behind, he does not think it is appropriate to allow a warehouse with all the accompanying traffic. He is going to recommend that they approve the CUP and the parking waiver as recommended by the Planning staff but that they not include the warehouse in the action. Joel Fick . He confirmed, relative to using another unit on the property, since it is a commercial use, it is a permitted use as a matter of right. The applicant would have the option to expand into the adjoining unit. It would be permitted should the applicant desire to do that. He also clarified that there is not another unit the applicant can expand to at this time that is empty. He could use the unit for any permitted use within that commercial zone including the carpet use. The only issue is expanding close to residential. Following a brief discussion relative to hours of operation, Council Member Tait stated he would vote to approve the use but does have a problem with the warehouse and would not approve that. It is a small retail center with a warehouse proposed up against residential uses. Those residents never expected an industrial use. If the center was built new, that use would not be allowed. Council Member Feldhaus . His concern is taking access off of Euclid which is already heavily travelled. ENVIRONMENTAL IMPACT REPORT – NEGATIVE DECLARATION : On motion by Mayor Daly, seconded by Council Member McCracken, the City Council approved the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect of the environment. MOTION CARRIED. Mayor Daly offered resolution No. 99R-214 for adoption granting Conditional Use Permit No. 4144 as recommended by Planning staff establishing conformity with the existing zoning code but denying construction of a warehouse. Refer to Resolution Book. RESOLUTION NO. 99R-214 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 4144. Roll Call Vote on Resolution No. 99R-214 for adoption: AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS : None ABSENT: MAYOR/COUNCIL MEMBERS : None The Mayor declared Resolution No. 99R-214 duly passed and adopted. CONTINUED PUBLIC HEARING - WAIVER OF CODE REQUIREMENT D3. 179: CONDITIONAL USE PERMIT NO. 4145 AND NEGATIVE DECLARATION OWNER: Ming International Group, c/o Partners Realty Group, Attn: Wendy Wild-Myers, 5405 Alton Pkwy ., #631, Irvine, CA 92614 AGENT: Jasvinder & Rajinder Singh, 8663 East Silver Ridge Lane, Anaheim, CA 92808 LOCATION: 5247 East Orangethorpe Avenue. Property is 1.47 acres located at the northeast corner of Orangethorpe Avenue and Post Lane. To permit a day care center with a maximum enrollment of 84 children with waiver of (a) minimum setback for institutional uses adjacent to residential zones and (b) minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: 16 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 19, 1999 CUP NO. 4145 DENIED ( PC99-157) WAIVER OF CODE REQUIREMENT APPROVED, in part (5 yes votes, 1 no vote, 1 absent) Approved Negative Declaration. Informational item at the meeting of August 24, 1999, Item B16. Letter of appeal submitted by Charles and Linda Malone. Continued from the meeting of October 5, 1999, Item D3. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News : September 23, 1999 Mailing to property owners within 300 feet : September 23, 1999 Posting of property : September 24, 1999 Greg Hasting , Zoning Division Manager. He referred to the summary of the proposal which he gave at the meeting of October 5, 1999 (see minutes that date). He noted for the Mayor that the Public Hearing was continued to this date so that Wendy-Wild Myers could be present. Mayor Daly asked if Wendy-Wild Myers or the Malones (who appealed the matter) were present; there was no response. Mr. Hastings stated that staff continues to recommend denial of the request as they have on two previous occasions because of the proximity of the playground to residential. The Planning Commission also denied the CUP. Mayor Daly. The Planning Commission denied the request and it was appealed by Charles and Linda Malone. He is wondering the procedure when a party (the Malone’s) file an appeal and they are not present for the second time; Council Member Tait asked if anyone was present on this item. From the audience, Mr. Jasvinder Singh (see minutes of October 5, 1999 where Mr. Singh gave input) indicated his presence confirming he was present only to monitor the situation. City Attorney White. Since the applicant has not withdrawn the appeal, it would be incumbent to proceed. However, if no evidence is presented to support the request, as a matter of law, there is no basis upon which to approve the application. Mayor Daly asked if anyone was present to speak on this item; there being no response, he closed the Public Hearing. ENVIRONMENTAL IMPACT REPORT – NEGATIVE DECLARATION : On motion by Mayor Daly, seconded by Council Member Tait, the City Council approved the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect of the environment. MOTION CARRIED. Mayor Daly offered Resolution No. 99R-215 denying Conditional Use Permit No. 4145. Refer to Resolution Book. RESOLUTION NO. 99R-215 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 4145. Roll Call Vote on Resolution No. 99R-215 for adoption: AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS : None 17 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 19, 1999 ABSENT: MAYOR/C OUNCIL MEMBERS : None The Mayor declared Resolution No. 99R-215 duly passed and adopted. REPORT ON CLOSED SESSION ACTIONS: C1. City Attorney White reported that no action was taken on Closed Session items. 112: MOTION : Mayor Daly moved that the annual evaluations and possible salary adjustments for all City Council appointees be continued to the Closed Session portion of the meeting of October 26, 1999. Council Member McCracken seconded the motion. MOTION CARRIED. COUNCIL COMMENTS: C2. Council Member McCracken : 114: She reported on the passing of Ruth Salaets, a dedicated activist in the Anaheim community who was very instrumental and active in the development of music programs in the City’s schools. She was a very dedicated piano teacher and instructor. She was involved with the very first Arts Commission in Anaheim and was active in almost every major organization in the community. She and the Council Members express their sympathy to her husband and daughters. The community has lost a talented lady and a very dedicated volunteer. Mayor Daly : 114: At the recent League of Cities meeting, a member of the Council was honored by the League for completing the course of study on leadership development, the Elected Officials Leadership Academy. She is the first member of the Council to have completed that course. On behalf of the Council, he congratulated Council Member Shirley McCracken on the honor. ADJOURNMENT: Mayor Daly moved that the Council Meeting of October 19, 1999 be adjourned to Tuesday, October 26, 1999 at 2:30, an earlier start time than the usual 3:00 P.M., to conduct a Workshop session regarding Ross Park. Council Member McCracken seconded the motion. (7:40 P.M.) MOTION CARRIED. SHERYLL SCHROEDER CITY CLERK 18