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2000/08/15I! ANAHEIM, CALIFORNIA- CITY COUNCIL MEETING AUGUST 15, 2000 II The City Council of the City of Anaheim, CA met in special session at 2:30 P.M. Present: Mayor Tom Daly, Council Members: Frank Feldhaus, Luciile Kring, Tom Tait and Shirley McCracken. Staff Present: City Manager Jim Ruth, City Attorney Jack White, Planning Director Joel Fick, Community Services Director Chds Jarvi and Assistant City Clerk Cindy Daniel/Garcia. A copy of the agenda for the meeting of the Anaheim City Council was posted on August 11, 2000 at the City Hail inside and outside bulletin boards. Mayor Daly called the special meeting to order at 2:40 P.M. in the Council Chambers of the Anaheim City Hall, 200 S. Anaheim Blvd. The first portion of the meeting was a workshop on Brookhurst Corridor Action Plan and Cultural Plan. WORKSHOP FOR BROOKHURST CORRIDOR ACTION PLAN: Planning Director Fick gave a power point presentation, hard copy available in the City Clerk's Office. He informed that the area was the fifth area that had been examined through the Community Planning Program. Mr. Fick announced the boundaries of the planning area, bounded by I-5 freeway to the north, Nutwood Avenue to the east, Katella Avenue to the south, and Gilbert Street to the west, approximately 1,800 acres and over 6,300 housing units. He reviewed the seven categories that the 25 action items were placed in and noted that an implementation schedule for each action would vary. He explained that the staff would provide Council with periodic updates, the first to occur in the fall. WORKSHOP FOR CULTURAL PLAN: Director of Community Development, Chris Jarvi, presented the second podion of the workshop on the City's Cultural Plan, written material available in the City Clerk's Office. Mr. Mark Goldring, Vice President of Wolf, Keens & Company, introduced the formal Cultural Plan, which is also available in the City Clerk's Office. He reviewed the key goals and recommendations, which included: (1) Enable arts/culture to contribute to residents' quality of life; (2) Integrate arts/culture into community services infrastructure; (3) Increase awareness of and participation in ads/culture; (4) Create network of arts/cultural spaces and programs accessible to all residents; and (5) Facilitate partnerships among service providers CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 15, 2000 PAGE 2 Chris Jarvi presented an implementation strategy, which was contained in two phases. Council Member McCracken commented on the history of the City's cultural plan and her enthusiasm for the implementation. Mayor Daly wondered about the museum component and Mr. Jarvi said that may be addressed when different organizations are brought together under one cultural umbrella. Regarding an implementation timetable, Mr. Jarvi said staff would return with specific recommendations and time tables for each key goal if Council agreed on the identified goals. Upon a recommendation from Mayor Daly, Mr. Jarvi said he would provide Council with a goal list, timetable and a funding plan. Council Member Tait asked why the Ads Council was being changed to a private, non- profit and suggesting a Cultural Commission. Mr. Jan, i said the Arts Council was established as a Commission and an operating organization, adding it was difficult to raise funds as a non-profit when associated with a City. He said the consultant felt more could be accomplished if the two were separate. Mayor Daly explained that the Anaheim Arts Council would not be appointed by the City Council. He said the Cultural Commission would be appointed by and be an advisory body for the Council. Upon a question regarding incorporating the Cultural Plan into the General Plan, Mr. Jarvi explained that certain policy statements in the Cultural Plan would be incorporated and staff would bring each element back to Council for consideration. Regarding funding sources for some of the elements, Mr. Jarvi said the consultant had identified a number of grants and a fundraiser would kick off the campaign. WORKSHOP FOR CENTRAL LIBRARY MASTER PLAN: Chris Jarvi, Community Development Director, explained the purpose of the presentation was to give Council a plan for rehabilitation and expansion of the Central Library, projected out to the year 2020. A copy of the presentation may be obtained from the City Clerk's Office. David Schnee, Group 4, gave the power point presentation. He explained the three- phase implementation recommendation. Mr. Jarvi said the next step would be to instruct the architect to prepare specific cost plans and approaches to carry out the three phases. Mayor Daly asked if the site would accommodate the targeted expansion up to 87,000 square feet and Mr. Schnee said that it could. He said the next phase would provide the conceptual plans. CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 15, 2000 PAGE 3 Mr. Jarvi responded to questions by Council Member McCracken regarding the possibility of building an annex to the Central Library. Mr. Schnee added that the estimate of $39 million would provide the renovation of the current library and construct a new annex for a total of 87,000 square feet. He said that until the conceptual plan was completed, the numbers were general costs. Council Members McCracken and Tait indicated they wished to see a proposal and cost analysis on a new facility. Carol Stone, City Librarian, advised that phasing the project would buy some time to determine where library services were going. She indicated that the spacing would still be needed; only the needs may change. Discussion took place regarding the library bond adopted in March and the possibility of funds being raised from the private sector. Mr. Jarvi will add that information to the follow up report. At the conclusion of the workshop, at 4:30 P.M., Mayor Daly announced the next item on the agenda was Closed Session. ADDITIONS/DELETIONS TO CLOSED SESSION: None. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Closes Session items. Daly moved to recess to Closed Session, seconded by Council Member McCracken. Motion carried unanimously. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) - EXISTING LITIGATION: Name of Case: Vista Royale Homeowners Assn. v. 396 Investment Co. fka The Fieldstone Company, et al., Orange County Superior Court Case No. 77-30-74 (and related cases). CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Agency designated representative: David Hill Name of employee organization: International Brotherhood of Electrical Workers, Local 47. 3. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: Initiation of litigation pursuant to subdivision (b) of Section 54956.9: six potential cases. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) - EXISTING LITIGATION: CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 15, 2000 PAGE 4 Name of Case: Baldi v. L E. Wentz Co., et al., Orange County Superior Court Case No. 809333. AFTER RECESS: Mayor Daly called the regular Council meeting of August 15, 2000 to order at 5:44 P.M. and welcomed those in attendance. INVOCATION: Pastor Gregory Tucker, First Church of the Nazarene FLAG SALUTE: Council Member Lucille Kring PROCLAMATIONS AND DECLARATIONS: Mayor Daly read and presented a Declaration recognizing Dyana Ornalez on winning a 1999 National Junior Golden Gloves Title. Ms. Ornalez accepted the declaration and thanked the Mayor and Council Members for the recognition. At 5:53 P.M., Mayor Daly recessed the City Council meeting until after the Redevelopment Agency meeting. Mayor Daly reconvened the City Council meeting at 6:17 P.M. ADDITIONS TO THE AGENDA: There were no additions to agenda items. The Clerk noted a clarification to Item A 14, Metropolitan Water District was changed to Public Utilities Board. PUBLIC COMMENTS: Sunil Jay, 619 Winston, Bradbury, asked the Council to form an arm of enforcement to monitor fund raising activities in support of foreign terrorist organizations. Mr. Seha spoke regarding a recent complaint against the City's Police Department and asked that the Department be held accountable for their actions. He added that he would file a formal complaint and Mayor Daly asked City Manager Ruth to report back to Council on the details of the complaint. Esther Wallace, Chairman of WAND, thanked the Mayor and Council for the west Anaheim police facility and for the police efforts towards the National Night Out program. She commented on past problems in Twila Reid Park. Josie Montoya added to Mr. Seha's comments, saying they called the Police Department after the incident at Seha's residence and they were promised it would be investigated and they would be called back. She explained they still had not received a response and she felt the Department was non-responsive. She added that the Department had lied about her character. CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 15, 2000 PAGE 5 Linda Lee Grau, spoke in opposition to large government and referred to speaker volumes at Council meetings. She asked why Mayor Daly voted no on the last application for South Coast Cabs. She indicated she supported additional cab licenses. Emma Balderrama, explained that she had experienced a threatening situation with the City's Police Department and she asked that it be investigated. Mayor Daly explained that the Council had asked for the investigation and a report back to Council. Mr. Rosales of Tustin, formally of Anaheim, reiterated a recent situation where his children were threatened by a group of men and they defended themselves. He said his son was being held for possessing a knife and he and his family had left the area. He asked for the City to help him. Mayor Daly explained the case was in the hands of the justice system and the City could not assist him. Francis Nutto, 621 Jambalaya Street, asked who was responsible for assuring compliance with conditions set by Planning and Council resolutions. Joel Fick, Planning Director, responded conditions imposed by the Planning Commission or Council in Resolutions typically involved a variety of departments and are always timed and checked by the responsible departments. He added it was the responsibility of the property owner to comply with all conditions of the Resolution and Code Enforcement responded on a complaint basis. Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon, seconded by Council Member McCracken. Motion carried unanimously. ADDITIONS/DELETIONS TO THE AGENDA: There were no changes. Council Member Feldhaus asked for clarification on Item A7, an agreement with the Anaheim Elementary School District for joint use of the District's facilities for community recreation, asked if the City would be bringing an agreement forward for the High School Districts as well. Community Services Director Chris Jarvi responded there were agreements with the Anaheim Unified School District but not with the Orange Unified School District. Council Member Feldhaus asked if that would be a possibility and Mr. Jarvi said the City had spoken to them and it was possible. He said he would keep the Council posted on the progress. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A16: 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. CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 15, 2000 PAGE 6 A1. Reject certain claims filed against the City. (Refer to staff report) A2. Receive and file minutes of the Anaheim Public Library Board for the meeting held July 12, 2000. A3. RESOLUTION NO. 2000R-168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and service easements, and to consider abandoning a portion of the public utility easement located at 3450 East Miraloma Avenue and an adjacent parcel, generally known as 3450 East Miraloma Avenue (ABANDONMENT NO. 00-13A). (Suggested public hearing date: September 19, 2000.) A4. Accept grant funds from the State of California, Department of Conservation, Division of Recycling, in the amount of $89,531, to fund beverage container recycling activities for fiscal year 2000/01 and increase revenue and expenditure in Public Works' budget by $89,531. A5. Approve and authorize the Purchasing Agent to issue purchase orders in an amount not to exceed $1,480,000 (plus applicable tax) for the purchase of transformers, as required, to be used by the Utilities Depadment, for the period of August 18, 2000 through August 17, 2001, with two one-year optional renewals, in accordance with Bid #5967. A6. Accept the low bid of Trend Offset Printing, in an amount not to exceed $124,260 for printing four issues of the Anaheim Magazine, in accordance with Bid #6060. A7. Approve an Agreement with the Anaheim Elementary School District in the form of a joint agreement for the use of the District's facilities for community recreation without compromising the District's use of their athletic facilities for educational purposes. A8. Approve and authorize the City Manager to execute Amendment No. I to Professional Service Agreement between the City and Anaheim Redevelopment Agency and Willdan Associates in an amount not to exceed $250,000 for consultation services. A9. Approve a sixth Amendment to Agreement with Occu-Med, Inc., to extend the term of the existing Agreement to continue services through June 30, 2002 in the area of occupational health and continuing the same fee schedule ranging from $21 to $127.50 per exam. A10. Approve the Electrical Utility Agreement between the City and San Diego Stage & Lighting Supply, Inc., which authorizes San Diego Stage & Lighting, Inc., to provide various electrical services, on a non-exclusive basis, to persons at the Convention Center who require such services in connection with events. All. RESOLUTION NO. 2000R-169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM supporting Proposition 35, the Fair Competition and Taxpayer Saving Initiative sponsored by the Consulting Engineers and Land Surveyors of California, on the November 7, 2000 ballot. CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 15, 2000 PAGE 7 A12. Approve and authorize the Chief of Police to execute an Agreement with Database Technologies, Inc., in an amount not to exceed $3,600 annually, for on-line computerized search services to assist criminal investigations. A13. Adopt a Negative Declaration for the demolition of an existing water production well and the construction of a new water production well at 2907 West Academy Avenue in West Ariahelm. (Well No. 51 .) A14. Approve and authorize the Public Utilities General Manager to execute Letter Agreement No. 29809 for water re-use project between the Metropolitan Water District of Southern California, the City and AIstyle Apparel and Activewear that provides partial funding by the Metropolitan Water District as recommended by the Public Utilities Board at their meeting held August 3, 2000. A15. Approve and authorize the Public Utilities General Manager to execute an Agreement for Interconnection of Cogeneration Facilities between DCSR, Inc., d.b.a. Disney Ice and the City as recommended by the Public Utilities Board at their meeting held August 3, 2000. A16. Approve and authorize the Public Utilities General Manager to execute Agreements with Advanced Paper Forming, Anaheim General Hospital, Taylor- Dunn Manufacturing, Delphi Automotive Systems and Precision Anodizing and Plating, as part of the Innovative Technology Program, to assist these entities develop energy projects which increase energy efficiency, reduce pollution and toxic emissions, and encourage innovative energy applications for a total of $456,250. Roll call vote: Ayes - 5. Noes - 0. Motion carried. END OF CONSENT CALENDAR A17. BOARD/COMMISSION APPOINTMENT TO TERM EXPIRING JUNE 30, 2000: (Continued from the meetings of June 20, 2000, Item A33, July 11, 2000, Item A33, July 25, 2000, Item A30 and August 8, 2000, Items A25). BUDGET ADVISORY COMMISSION FOR NEW TERM EXPIRING JUNE 30, 2004: (Sewell) Mayor Daly asked for two additional weeks to consider the appointment, anticipating additional applicants who expressed interest in serving. Mayor Daly moved to continue the item for two weeks (to August 29th ), seconded by Council Member McCracken. Motion carried unanimously. 5:00 P.M. PUBLIC HEARING: A18. To consider a resolution finding and determining the public interest and necessity require condemnation of certain real property located on the north side of Disney Way, extending from the northeast corner with Harbor Boulevard to the northeast corner with Clementine Street (Southern California Edison)- R/W 5245-1 D, 1 E, CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 15, 2000 PAGE 8 1 F, 02, 2E in connection with the Freedman Way/Disney Way and Harbor Boulevard Projects and The Anaheim Resort Improvement and Beautification Program, and authorizing legal counsel for the City to proceed with said condemnation action. RESOLUTION NO. 2000R-170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at the north side of Disney Way, extending from the northeast corner with Harbor Boulevard to the northeast corner with Clementine Street for purposes of conducting roadway improvements (Southern California Edison)- R/W 5245-1D, 1E, 1F, 02, 2E. Council Member Tait informed he wished to declare a conflict of interest on Items A18, A19, A20 and A21 and he removed himself from the dais. Natalie Meeks, Public Works Depadment, presented the staff report, which is available in the City Clerk's Office. Mayor Daly opened the public hearing and hearing no testimony, closed the public hearing. Mayor Daly offered Resolution No. 2000R-170 for adoption. RESOLUTION NO. 2000R-170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at the nodh side of Disney Way, extending from the northeast corner with Harbor Boulevard to the northeast corner with Clementine Street for purposes of conducting roadway improvements (Southern California Edison) - R/W 5245-1D, 1E, 1F, 02, 2E. Roll call vote: 4 Ayes. Noes - 0. Council Member Tait abstained. Motion carried. A19. 5:00 P.M.PUBLIC HEARING: To consider the adoption of resolutions determining the public interest and necessity require condemnation of cedain real property located at 5737 East La Palma Avenue (Commercial Center - RAN 5260-30; 5701 East La Palma Avenue (Carl's Jr. - RAN 5260-4); 5750 East La Palma Avenue (Keno's Restaurant - RAN 5260-5); 5710 East La Palma Avenue (Best Western - RAN 5260-6A and B) in connection with the State Route 90 Imperial Highway Widening Project, Santa Ana Bridge to La Palma Avenue project, and authorizing legal counsel for the City to proceed with said condemnation action. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 5737 East La Palma Avenue for the purposes of conducting roadway improvement (Commercial Center - RAN 5260- 3). CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 15, 2000 PAGE 9 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of podions property located at 5701 - 5799 East La Palma Avenue for the purposes of conducting roadway improvement (Carl's Jr. - R/W 5260-4). RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 5750 East La Palma Avenue for the purposes of conducting roadway improvement (Keno's Restaurant - RNV 5260- 5). RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 5710 East La Palma Avenue for the purposes of conducting roadway improvement (Best Western - R/W 5260~6A and B). Natalie Meeks, Public Works Department, informed Council that staff wished to request a two week continuance on Items A19, A20, A21 and A22 in order to respond to comments received from the property owners. Mayor Daly moved to continue Items A19, A20, A21 and A22 for two weeks, seconded by Council Member McCracken. Motion carried unanimously. A20. 5:00 P.M.PUBLIC HEARING: To consider the adoption of a resolution finding and determining the public interest and necessity require condemnation of certain real property located at 5700 East La Palma Avenue (Arco Station - RAN 5260-7A and B) in connection with the State Route 90 Imperial Highway Widening Project, Santa Ana Bridge to La Palma Avenue project, and authorizing legal counsel for the City to proceed with said condemnation action. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 5700 East La Palma Avenue for purposes of conducting roadway improvement (Arco Station - RNV 5260-7A and B). A21. 5:00 P.M.PUBLIC HEARING: To consider the adoption of a resolution finding and determining the public interest and necessity require condemnation of certain real property located at 5650 East La Palma Avenue (Texaco Station - R/W 5260-8A and B) in connection with the State Route 90 Imperial Highway Widening Project, Santa Ana Bridge to La Palma Avenue project, and authorizing legal counsel for the City to proceed with said condemnation action. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 15, 2000 PAGE 10 acquisition of portions of property located at 5650 East La Palma Avenue for the purposes of conducting roadway improvement (Texaco Station - RAN 5260-8A and B). A22. 5:00 P.M.PUBLIC HEARING: To consider the adoption of a resolution finding and determining the public interest and necessity require condemnation of cedain real property located at 5600 East La Palma Avenue (Office Building - PJVV 5260-14) in connection with the State Route 90 Imperial Highway Widening Project, Santa Ana Bridge to La Palma Avenue project, and authorizing legal counsel for the City to proceed with said condemnation action. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 5600 East La Palma Avenue for the purposes of conducting roadway improvement (Office Building - RAN 5260-14). Item B1 from Zonin,q Administrator Meetinq of July 27, 2000: (No action necessary unless Council desires to set a particular item for public hearing.) APPEAL PERIOD ENDS AUGUST 18, 2000: B1. ADMINISTRATIVE ADJUSTMENT NO. 2000-00197 CATEGORICAL EXEMPTION SECTION 15061(B)(3): OWNER: Jesus R. Salazar, Jana Arevalos & Johanna G. Velaques, 1405 West Apollo Avenue, Anaheim, CA 92802 LOCATION: 1405 West Apollo Avenue. Property is 0.22 acre having a frontage of 60 feet on the north side of Apollo Avenue and a maximum depth of 181 feet located 187 feet west of the centerline of Porto Place. Waiver of maximum fence height (3 feet high permitted; 4 feet high proposed) to permit and retain existing 4 foot block pilasters and add 4 foot high wrought iron fencing within the required front yard setback of a single-family residence in the RS-7200 (Residential, Single Family) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Approved Administrative Adjustment No. 2000-00197 (ZA DECISION NO. 2000-28). Mayor Daly asked if the approval of the waiver for a front yard fence would set a precedent. Annika Santalahti, Zoning Administrator, responded that she believed that Code Enforcement, over the last few years, had seen a number of fence waivers. She said when staff reviewed the requests; they looked at the appearance of the fence to make sure that the fence looked reasonable in the context of the location. Joel Fick, Planning Director, added that staff actually field checked the requests and if there was a concern, staff worked with the applicant to modify them before it went to Planning Commission or Council. CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 15, 2000 PAGE 11 6:00 P.M. Public Hearings: There were no hearings scheduled. Report on Closed Session Actions: City Attorney White said there was no report from Closed Session. D. Council Communications: Council Member Tait requested discussion at the August 29, 2000 Council meeting, acquisition of the Maag Ranch for park purposes and acquisition of properly surrounding La Palma Park for expansion of La Palma Park. Council Member McCracken announced the Young Americans would be in concert at Pearson Park on Saturday, August 19, 2000, at 8:00 P.M. Council Member Feldhaus announced the Anaheim Fall Festival, Holloween celebration and parade on October 21, 2000. Mayor Daly noted he had received complaints about the ads on billboards located at the southeast corner of Euclid and Lincoln and he requested staff provide Council with information on actions the City could take to influence advertising on billboards. Mayor Daly asked staff to check with CalTrans to see why a City limits sign was installed on the 91 Freeway at Harbor Boulevard. After asking the Clerk and City Manager what the proposed agenda looked like for the next scheduled meeting, August 22, 2000, he expressed the Council's desire to cancel the August 22, 2000 Council meeting. City Attorney, Jack White, explained that Council could adjourn the August 15, 2000 meeting to 2:00 P.M. on August 29, 2000. Mayor Daly moved to cancel the regularly scheduled August 22, 2000 Anaheim City Council meeting, seconded by Council Member McCracken. Motion carried unanimously. Mayor Daly moved to adjourn the August 15, 2000 Council meeting to 2:00 P.M. August 29, 2000, seconded by Council Member McCracken. Motion carried unanimously. CITY OF ANAHEIM CITY COUNCIL MINUTES AUGUST 15, 2000 PAGE 12 Adjournment No further business to come before the Council, Mayor Daly adjourned the August 8, 2000 Council meeting at 7:10 P.M. Respectfully submitted: She II h ry Sc roeder, CMC City Clerk