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1997/04/08ANAHEIM, CALIFORNIA- CITY COUNCIL MINUTES APRIL 8, 1997 The City Council of the City of Anaheim met in regular session. PRESENT: PRESENT: ABSENT: PRESENT: MAYOR: Tom Daly COUNCIL MEMBERS: Shirley McCracken, Tom Tait, Bob Zemel, Lou Lopez COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl TRAFFIC & TRANSPORTATION MANAGER: John Lower SENIOR PLANNER/PLANNING DEPT.: Cheryl Flores DEPUTY PLANNING DIRECTOR: Mary McCIoskey SENIOR PLANNER/PLANNING DEPT.: Linda Johnson STADIUM/CONVENTION CENTER GENERAL MANAGER: Greg Smith A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:45 p.m. on April 4, 1997 at the Civic Center Kiosk, containing all items as shown herein. Mayor Daly called the meeting to order at 3:05 p.m. REQUEST FOR CLOSED SESSION: MOTION: Mayor Daly moved to waive the 72-hr. posting provision of the Brown Act finding that there is a need to take immediate action and adding item 2. (below) to the Closed Session items on today's agenda and that the need for action came to the attention of the City subsequent to the agenda being posted. Council Member Lopez seconded the motion. MOTION CARRIED. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Closed Session items. The following items are to be considered at the Closed Session. CONFERENCE WITH LABOR NEGOTIATOR: Agency negotiator: Dave Hill Employee organizations: Anaheim Municipal Employees' Association; Anaheim Firefighters' Association; HSEU Local 399; IBEW Local 47; Anaheim Police Association; GTDU Local 952 and non-represented. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: case. one potential ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 8, 1997 CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a): Name of case: Delmonico, et al. v. City of Anaheim, Orange County Superior Court Case No. 70-80-71. By general consent, the Council recessed into Closed Session. (3:06 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. ( 5:10 p.m.) INVOCATION: Lieutenant Ron E. Fenrich II - The Salvation Army, gave the invocation. FLAG SALUTE: Council Member Tom Tait led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following Proclamation was issued by Mayor Daly and authorized by the City Council: Recognizing April 13 - 19, 1997 as National Telecommunicators Week in Anaheim Shelley McKerren, Darlene Spalding, Marteen Blanchard and Lee Ann Cameron, Police Dispatchers in the Police Department, accepted the Proclamation. Council Member Lou Lopez. He cannot say enough about the dedicated individuals who work in communications. They are very unique, highly trained and do an excellent job. He urged his colleagues, if they have not done so, to take a tour of Communications in the Police Department on a Friday or Saturday night to watch the dispatchers in action -- the way they move the vehicles around, handle the calls for service and the emergency situations. Observing them first hand brings about a great appreciation for the work that they do. Mayor Daly. In spite of the difficulties, there are people like the Telecommunicators who are willing to serve and make life and death decisions. On behalf of the Council, he commended them for the fine service they provide to the citizens of Anaheim. PASSING OF JOEL GUERENA: Mayor Daly. Mr. John Kelley has made a request to make an announcement. Mr. Kelley has been active with the Cinco de Mayo Fiesta in Anaheim for many years. Mr. John Kelley, Chairman, Cinco de Mayo Fiesta. He first thanked the Council for all the support the Council has given them over the years. This is a personal invitation for the Council to come to the Fiesta on the weekend of May 3 and 4 and to attend the dedication Mass on that Sunday morning at 9:00 a.m. For the first time in the 26-year history of the Fiesta, it is going to be a Memorial Fiesta in memory of Mr. Joel Guerena, one of the founding fathers of the Fiesta, who passed away last Saturday. Mrs. Guerena also would like to address the Council. Mrs. Joel Guerena. Although Joel cannot be present today, his request was for her to come and thank everybody who assisted him in his efforts and especially the City. He loved all of them and he thanks everyone so much for having been a part of his life. 2 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 8, 1997 Council Member Lopez. Joel Guerena, a long-time Anaheim resident, was one of those responsible for starting the Cinco de Mayo Fiesta. Even though in the recent past he moved out of State, he would still come back to help put on the Fiesta. He also contributed so much to the community. He was a great role model for him when he ran for the School Board and then the City Council. He was always ready to help anyone any time. The Cinco de Mayo Fiesta was his special project. Joel died suddenly last Saturday night in his sleep although he had previously had a heart attack. His last wish was to come back to Anaheim to be buried here. John Kelley and Frank Garcia gave the $6,300 required for the transportation and funeral. They did so because Joel had been sick for over a year and his insurance was depleted, and also because of Joel's dedication to his community. Donations to defray the expenses can be made by writing a check to John Kelley (2420 Cliff Park, Anaheim 92806). Joel Guerena is going to be sorely missed. Mayor Daly. He acknowledged Mrs. Guerena, Mr. Kelley and everyone associated with the Cinco de Mayo Fiesta. They appreciate the positive, instructive role Joel played for so many years. One of the primary reasons the Cinco de Mayo Fiesta has lasted for so long and has been so popular and peaceful was due to his efforts. Their thanks go to Mr. Kelley and Mrs. Guerena for taking the time to visit the meeting today and to share the memory with them. RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: 1. PROCLAMATION designating April 20, 1997, as Let's Make A Difference Day in Anaheim. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,918,295.03 for the period ending April 4, 1997, in accordance with the 1996-97 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:24 p.m.) Mayor Daly reconvened the City Council Meeting ( 5:45 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Amin David, 419 S. Cole, Anaheim. He addressed a Police issue. Reading from a statement, his comments are summarized: He believes official Anaheim, its politicians and administrators have been in denial about Police misconduct for at least five years. In numerous public hearings stretching over months, a professional arbitrator decided in favor of a Police "whistle blower" who said that officers participated in assaults on handcuffed youths and tried to hide it behind the "code of silence". Other Police Officers did not stop it or report it, but tried to stop the man who did. The City Council chose to do nothing, thus sanctioning the code of silence. He feels the essential precondition for every Police Department that ever went bad is a code of silence. He asked, now that a Judge and jury have elaborated on what could be learned from an expensive arbitration, isn't it time to admit that Anaheim has a problem. The following are the actions Los Amigos of Orange County urges the Council to take: ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 8, 1997 (1) Make the uncensored arbitration and Court transcripts available for inspection, review and photocopying by any interested member of the public by putting them in c/o the Anaheim Public Library Reference Desk. (2) Make it possible for Anaheim's professional Police Officers to report Police misconduct through retaliation-proof, non-Police channels. The City needs to hear what they have to say. Pam Cray. She works at Price School, 1516 W. North Street. She would like to respond to an article she recently read, the final quote of which was attributed to Josie Montoya -- "We used to have cops that came into the schools and talked to kids being role models. That just doesn't happen any more." She has strong feelings regarding that statement. As a classroom teacher, she is very involved with the DARE program and has been for almost 25 years. The Officers spend the required time as well as many hours beyond their mandated hours voluntarily serving the K through 6th Grade classes, although DARE is only for 5th Grade, offering lessons that involve safety, gang prevention, goal setting and drug prevention. She further explained all the things the Police do far beyond the DARE program. The schools depend a lot on the Police Department for education on gangs, drugs and violence, diversion, suppression and enforcement. It saddens her to hear their efforts go unnoticed, ignored, or falsely reported that they do not even exist. Under Chief Gaston and the Police Department, Community Policing is in all areas and it is thriving. She is asking their continued support of the Anaheim Police Department and the efforts they are making to make Anaheim a safe place to work and live. Jay Zamarodia, 100 S. Brookhurst, Anaheim. He is present to support Chief Gaston. He has lived in Anaheim for ten years and has had many businesses in Anaheim for the last 14 years. He has had a good relationship with the Police Department during this time and he feels very secure doing business in Anaheim with Chief Gaston in charge. His businesses are located in West Anaheim where the crime rate is the highest. Any time he has needed the Police, they have taken care of the problem at hand. He is an immigrant but that has had no bearing on any situation. The Police and Chief Gaston have his full support. Steve Delgadillo, former employee and resident of the City of Anaheim, now a resident of Santa Ana. He is concerned because of some of the incidents that have happened to him and others within the City and specifically in interdepartmental Gang and Drug Task Force meetings which he attended when he was a City employee. He feels there are a lot of good works being done in other departments that are being undermined by things that are happening within the Police Department. There needs to be a bridge between the community and the Police. Carmine Rodriguez, 1770 W. Sumac, Anaheim. There must be a misunderstanding in the community. They are not against the whole Police Department, but against the bad things that are happening with bad cops. There will always be good and bad; they are talking about the bad. The cops are harrassing their kids. Last week (at the Council meeting) they were not allowed to come into the Chamber because it was full so they did not have a voice. She is here to say, "God bless the Police Department" because there are good cops, but she knows a lot are bad. It has to stop and someone has to be accountable. If their kids are doing something wrong, they pay for it. She asked what makes the Police different. She wants them to do something about the bad cops. Mayor Daly. There were a number of points raised in public comments which can be addressed by the City Manager and staff as they move through the consent calendar. At this time, he would like staff to comment on Mr. David asking about the availability of the recorded record. City Attorney, Jack White. The City does not have the trial transcript. If the City obtains one, it will be a public record and will be made available. They do have the administrative hearing transcript which consists of 16 volumes and 2,400 pages. That transcript is on file in the City Clerk's Office and is available for public review, inspection and copying during normal business hours. The Court proceedings were open to the public and the transcript would be at the Court House. The City does not usually obtain copies of the Court transcript unless the City is in the process of an appeal. At the moment, the City does not have the transcript. If one is acquired, it will be made available for public review. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 8, 1997 PUBLIC COMMENTS - AGENDA ITEMS: Public input was received on Item A3 and A20 (see discussion under those items). MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of April 8, 1997. Council Member Tait seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded by Council Member Tait, 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. 97R-42 and 97R-43, for adoption. Refer to Resolution Book. Al. 105: Receiving and filing minutes of the Private Industry Council meeting held February 27, 1997. A2. 158: Finding and determining, in accordance with Section 1222 of the City Charter, that the proposed sale of a portion of Sage Park is in the best interest of the City; accepting the offer received from the Annunciation Byzantine Catholic Church in the amount of $30,900; and authorizing the Mayor and City Clerk to execute the Grant Deed. (Continued from the meeting of March 11, 1997, Item A4.) A3. 108: To consider directing staff to reduce General Fund revenues for FY 1997/98 by $100,000; and accepting $100,000 worth of non-advertising bus benches from the City's bus shelter provider for placement along Major Street Beautification corridors. (Public Works Department) Submitted was report dated March 26, 1997 from the Director of Public Works and City Engineer recommending the subject action. The report, under the Discussion portion, explained the provisions of the bus shelter agreement which was first entered into in October, 1994. Richard Wanamaker, representing Metro Display Advertising, a bus shelter company (not the current company under contract). While they do not oppose the item, they would like to suggest an option that would not see a $100,000 reduction from bus shelters in town and would not incur any cost to the City for the maintenance of the bus benches. That option would be to allow his company, Metro Display Advertising, to install revenue-generating shelters at any site the City wishes throughout the City and sharing the revenues from those shelters. They believe that may be a mechanism to make this item a cost-neutral item and not cause the reduction in revenue to the City mentioned in the staff report of $100,000 for FY97-98 and an annual amount of close to $11,000. They believe it can be cost neutral by allowing his company and possibly others to install additional ad revenue shelters throughout the City and sharing in those revenues. Jeff Kirsch, 2661 W. Palais, Anaheim. To support the comments of the previous speaker, he would appreciate the shelters more than the benches. They provide much more convenience and keep litter from spreading out. There are several benches in his neighborhood and they are a visual intrusion. Mayor Daly. His understanding is there is one contract with the bus bench company and a separate contract with a bus shelter company and the bus shelter company is the subject of this item. He feels it is necessary to have clarification from staff as to the nature of those two contracts and when they expire. John Lower, Traffic and Transportation Manager. In 1994, the City entered into an exclusive agreement with a bus shelter provider which expires in October, 2002. Separate from that agreement is a year-to- year agreement with an advertising bus bench provider, Coast United. The issue on the agenda deals with bus benches and whether or not the City wants to have advertising on those benches. He ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 8, 1997 appreciates Mr. Wanamaker's suggestion made earlier but it is necessary to stress that shelters are not appropriate at all locations. When new shelter locations are identified, they are offered to Outdoor Systems, the bus shelter provider, through the eight-year exclusive shelter agreement. Mayor Daly asked if under the eight-year contract, the bus shelter company is living up to the terms of the agreement with the City; Mr. Lower answered that they are living up to that agreement. They pay the City on a monthly basis whether or not there is advertising. Staff is happy with their performance. Mayor Daly. He believes the staff recommendation makes sense in terms of overall efforts to beautify City streets, but he would like a report back to the Council on the status of both contracts -- the bus shelter and bus bench contracts. He is not suggesting changes to those contracts at this time, but they need to make certain that everything is coordinated, especially in their efforts to beautify the City's major streets. He supports the recommendation but believes there may be other ways to accomplish their goals in coming years in terms of removing unsightly "furniture" from City streets and improving the quality and attractiveness. An extensive line of questioning was then posed to Mr. Lower by Council Members relative to specifics of the contract(s) at the conclusion of which, Mayor Daly stated it seems to him that the City gets the "short end of the stick". The City gets $10,000 a year in revenue in exchange for a company putting up 350 benches with advertising all over Anaheim which they do not maintain very well and with little control over the placement. It is not about service to bus riders, but ads on City streets. That is the bus bench contract which is a year-to-year contract. They are asking to use some of those revenues to replace the bus benches with advertisements. The bus bench company is paying very little and are a problem in terms of maintenance. He feels there should be a better way. He emphasized, he wants to see a staff report on whether the bus shelter company is living up to all the terms and conditions of the contract. If bus shelters and bus benches with advertising are going to be added to public rights of way, the City should get more in return. He believes there is a way to balance the revenue needs of the City and the beautification needs. The beautification needs are important enough that they should move forward to attempt to reduce the amount of advertising along public rights of way as part of a beautification program and as a follow-up, getting a better handle on the situation. Council Member Tait. He agrees they need to strike a balance, but the $100,000 does not seem to do it. To him, the balance is too heavy on the General Fund side and for that reason, he is not going to support this recommendation. Council Member McCracken. She would also like another look. There should be some way to work out something with the bus bench people to either force them to maintain the benches or come up with a different type of bench. The issue of bus shelters and benches has been an on-going one for the community and there has to be a better way to approach it. She would like to see whether they could work out some other way to do it at less cost. MOTION. Mayor Daly moved for a 30-day continuance of this item and asked staff to provide more details on the status of the existing eight-year contract with the bus shelter provider and the bus bench contract and also comparative detail as to how other communities are handling this matter in their cities. Council Member Lopez seconded the motion. Before a vote was taken, Mayor Daly stated other cities have on their streets serving bus riders well-kept benches with the name of their City on them. He is at a loss to understand why that cannot be accomplished in Anaheim after all the years of discussion on the subject. A vote was then taken on the motion for a 30-day continuance. MOTION CARRIED. A4. 123: Approving the Cooperative Agreement for construction and maintenance of a culvert storm drain improvement (located west of Knott Avenue and south of Del Monte Drive) with the City of Buena Park; and authorizing the Mayor and City Clerk to execute said Agreement. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 8, 1997 A5. 158: RESOLUTION NO. 97R-42: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL PROPERTIES OR INTERESTS THEREIN TO THE CITY. A6. 160: Accepting the Iow bid of Infrastructure Management Services, Inc., in an amount not to exceed $43,569 for Non-Destructive Deflection Testing of approximately 4,951 sections of Anaheim city streets, in accordance with Bid #5642. A7. 160: Accepting the Bid, and authorizing the Purchasing Agent to issue a Purchase Order to Motorola Communications, in the amount of $27,500 for the repair and maintenance of one hundred mobile data terminals, for the period of July 1, 1997 through June 30, 1998. A8. 160: Accepting the Iow bid of Rapac Network International, Inc., in an amount not to exceed $136,140 for the purchase and installation of an Electronic Fuel System, in accordance with Bid #5106. A9. 123: Waiving Council Policy 306, and authorizing the execution of an Agreement with Filenet Corporation, in an amount not to exceed $135,000 for annual maintenance costs for the Filenet Management System at the Police Department. Al0. 160: Authorizing the Purchasing Agent to exercise the second renewal of the Purchase Order to Ken Thompson, Inc., in an amount not to exceed $312,000 for sewer and storm drain repairs for a period of one year commencing July 1, 1997 with the option to review for an additional one year, in accordance with Bid #5395. All. 139: Approving the recommended positions on the following legislative proposals, and authorizing the Mayor to communicate approved positions to representatives in Sacramento: (A) SUPPORT - AB 334 (Wildman) cleanup legislation regarding Prop. 172 revenues to cities. AB 339 (Takasugi) same as above. (B) SUPPORT - SB 866 (Lee) regarding professional sports franchise license plates. AB 296 (Vincent) same as above. (C) SUPPORT - Local Government Finance Legislation: SB 1310 (Johnson, Margett, Napolitano) sales tax reallocation AB 1 (Aguiar) regarding ERAF property tax shift and cap ACA 4 (Aguiar) regarding ERAF property tax shift, Constitutional amendment. AB 95 (Sweeney) regarding local government property tax shift and share in state income tax SB 880 (Craven) same as AB 1. SB 889 (Hayden) same as AB 95 (D) OPPOSE - AB 923 (McClintock) regarding Dissolution of Redevelopment Agencies. (Removed - no Legislative support at this time.) (E) SUPPORT - AB 726 (Baugh) concerning Sex-Oriented Businesses. City Manager Ruth. Item D is being removed from the agenda by staff at this time (see Report dated April 8, 1997 from Kristine Thalman, Intergovernmental Relations) "due to insufficient support from Assembly Housing and Community Development Committee members". It may come back to the agenda in the future. A12. 106: Amending the Fiscal Year (FY) 1996-97 JTPA Budget increasing revenues and expenditures in Fund 220 in the amount of $512,447. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 8, 1997 A13. A14. Council Ruth. 123: Approving an Agreement between the City of Anaheim and the Anaheim Cinco de Mayo Fiesta Committee for the 26th Annual Cinco de Mayo Fiesta at La Palma Park on May 3 and 4, 1997; and allowing the Anaheim Boxing Club, per City Code, to conduct a boxing exhibition at La Palma Park on May 3, 1997. 106: Amending the FY 1996/97 budget by increasing appropriations in Fund 204 (Asset Forfeiture Fund) to Agency 309, by $201,820 and increasing expenditures for completion of LAN System Upgrade, Detention Facility Audio-Visual Upgrade, Teleminder Automated Phone Dialing System and Tactical Safety Equipment. (Police Department) Member Zemel posed questions relative to Fund 204 which were answered by City Manager A15. 113: RESOLUTION NO. 97R-43: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (PUBLIC UTILITIES RECORDS.) A16. 147: Approving the Orange County Division of the League of California Cities' Resolution 2-97 (introduced by Fountain Valley Mayor John Collins): which supports the consolidation of the County Sanitation Districts of Orange County (CSDOC). A17. 135: To consider approving new programs at the two City Golf courses for residents of Anaheim, including a new policy for tournaments hosted by Anaheim-based non-profit groups; an advanced tee time reservation privilege for residents; and a special discount for residents to purchase driving range balls. (Continued from the meetings of March 18, 1997, Item A12 and April 1, 1997, Item A28.) City Manager Ruth. Staff is requesting an additional one-week continuance on this item. (At the conclusion of the Consent Calendar, the item was continued one week as requested). A18. 158: Authorizing the Mayor to execute a quitclaim deed to certain property. (Coca-Cola Company - located on the east side of Olive Street, south of Commercial Street.) A19. 114: Approving minutes of the Anaheim City Council meeting held March 18, 1997. Roll Call Vote on Resolution Nos. 97R-42 AND 97R-43 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 97R-42 AND 97R-43 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 8, 1997 A20. 175: PROPOSED FIVE-YEAR ELECTRIC UNDERGROUND CONVERSION PLAN: Approving the proposed Five-Year Electric Underground Conversion Plan for Fiscal Years 1997/95 through 2001/02. (Continued from the meetings of March 15, 1997, Item A14, and April 1, 1997, Item A31 .) Submitted was report dated April 8, 1997 from the Public Utilities General Manager, Ed Aghjayan recommending in the final paragraph that the City Council approve the proposed plan as originally presented on March 18, 1997 (see minutes that date) for the reasons stated in the report. (Also see staff report dated March 18, 1997 from Mr. Aghjayan requesting approval of the 5-year Electric Underground Conversion Plan prepared annually and presented to the Council to update the status of the plan which was initially approved in June of 1990). Staff also submitted to the Council a 10-page document entitled, Proposed Original Plan presented on March 18, 1997 which listed, along with other data, the original plan FY97/95 through FY 01/02 - 19 projects, and an Alternate Modified Plan for the same period as requested at the Workshop portion of the meeting of March 18, 1997. Jeff Kirsch, 2661 W. Palais, Anaheim. There was a recommendation to change the Underground Program by postponing a West Anaheim project in favor of a State College corridor project. The Council should vote against any change. He lives in West Anaheim and has attended most of the Public Hearings on undergrounding. His position is well known that he would rather see money returned to the ratepayers or used to buy additional capacity rather than for "cosmetic" purposes. However, since the program is in place, there should be uniformity in where the project money is spent. In the hearings he has attended, the majority of the projects have been in the central area, in the east, or most predominantly, in the commercial-recreation area. He feels that West Anaheim ratepayers deserve equal benefits because they are paying equally. He hopes the Council will devote more financial and quality-of-life attention to West Anaheim and it could take the first step by not redirecting the Broadway- Magnolia project into the millenium and putting it back on the original time table. Joe White, 809 W. Broadway, Anaheim (member of the Public Utilities Board). This is one time he agrees with Mr. Kirsch. A great deal of thought has gone into the undergrounding plan. The reprioritization will be quite a geographical switch which he feels will result in pitting the west against the east. Once a project is delayed, that means it can be put off again and again. He feels the original plan has been fair to the City. He is concerned if the change is made, industry will come in and say they want to be eliminated from paying their 4% for the plan so they can instead provide jobs. They have tried to do everything possible to keep people happy but that could change overnight. He urged the Council not to change the plan. Mayor Daly. Staff continues to recommend approval of the original 5-year plan as submitted on March 18 with no changes in the prioritization of the 19 projects. As Mr. White pointed out and as they have heard over the years from citizens, the program thus far has worked well and with dramatic results. The program is updated every year. The projects, as the list indicates, cover west, central and east Anaheim with a mix of residential and commercial areas. He appreciates staff trying to accelerate State College as requested and respects that there was no way to do so without adjusting the schedule for other projects. Council Member Tait. He asked for clarification that a vote to approve will not delay the Broadway- Magnolia project; City Manager Ruth confirmed that was correct. MOTION. Mayor Daly moved to approve the proposed Five-Year Electric Underground Conversion Plan for Fiscal Years 1997/95 through 2001/02, the 19 projects as listed under the Proposed Original Plan submitted on March 15, 1997 with no changes - prioritization of projects remains unchanged. Council Member Zemel seconded the motion. MOTION CARRIED. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 8, 1997 ITEMS B1 - B8 FROM THE PLANNING COMMISSION MEETING OF MARCH 17, 1997: INFORMATION ONLY -APPEAL PERIOD ENDS APRIL 8, 1997: B1. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3905 AND NEGATIVE DECLARATION: OWNER: MING INTERNATIONAL GROUP, 5405 Alton Parkway, Irvine, CA 92604 AGENT: WINDY MEYER, PARTNERS REALTY, 5405 Alton Parkway #631, Irvine, CA 92604 LOCATION: 5247 East Oran,qethorpe Avenue. Property is approximately 1.47 acres located at the northeast corner of Post Lane and Orangethorpe Avenue. To permit a child daycare facility within a commercial retail center for up to 40 children with waiver of minimum setback of institutional uses adjacent to residential zone boundaries. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3905 GRANTED, for two years - to expire 3/17/99 (PC97-24) (5 yes votes, 2 absent). Approved waiver of code requirement. Approved Negative Declaration. B2. 179: CONDITIONAL USE PERMIT NO. 3916 AND NEGATIVE DECLARATION: OWNER: MOHAMED AND NOHA KHOURAKI, YOUSSEF AND ANGELINA IBRAHIM, 1200 Quail Street, #220, Newport Beach, CA 92660 AGENT: YOUSEF IBRAHIM, 1200 Quail Street, #220, Newport Beach, CA 92660 LOCATION: 1200 South Brookhurst Street. Property is approximately 1.18 acres located south and east of the southeast corner of Brookhurst Street and Ball Road. To permit an approximate 3,785 square-foot convenience market within an existing commercial retail center. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3916 GRANTED (PC97-25) (5 yes votes, 2 absent). Approved Negative Declaration. Mayor Daly. It appears that the convenience market will not be selling beer and wine. He would like that clarified. Cheryl Flores, Senior Planner. That is correct. There will be no alcohol or take-out food. They have not requested permission through the C.U.P. process to sell alcohol. Mayor Daly asked if the Planning Commission decision forecloses that option in the future; Cheryl Flores. She answered no. Council Member Lopez. He would like to set the matter for a Public Hearing to be sure the applicant understands fully that the approval is without beer and wine so they cannot come back later saying that they want a license. Mayor Daly asked if it was permissable for the City to include in the C.U.P. that there shall be no beer and wine so that subsequently the option of pursuing a license with ABC is gone; Mrs. Flores answered that was correct. She noted, however, that there is already a condition stating there shall be no sale of alcoholic beverages and if they wished to do so, they would have to come in and amend the conditions. She confirmed they do not have the option to pursue a separate beer and wine license without coming back and amending the C.U.P. With that assurance, Council Member Lopez stated he would not ask for the matter to be set for a Public Hearing. 10 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 8, 1997 B3. 179: CONDITIONAL USE PERMIT NO. 3726 AND NEGATIVE DECLARATION: OWNER: VINEYARD MINISTRIES INTERNATIONAL, 5300 East La Palma Avenue, Anaheim, CA 92807 AGENT: FAIRMONT SCHOOLS, INC., Attn: David Jackson, 1557 West Mable Street, Anaheim, CA 92802 LOCATION: 5310 East La Palma Avenue (Fairmont Private School). Property is approximately 23.08 acres, having an approximate frontage of 1,238 feet on the on the south side of La Palma Avenue, located approximately 2,370 feet west of the centerline of Imperial Highway. Petitioner requests review and approval of revised plans (Revision No. 1) to permit the conversion of an approximate 8,292 square-foot area of an existing auditorium into a total of nine additional classrooms, to convert a portion of an existing parking lot area into an approximate 12,475 landscaped play area for students and modification or deletion of a condition of approval to increase the maximum student enrollment from 450 to 650 students for a previously-approved private educational institution (an accessory use of an existing church). ACTION TAKEN BY THE PLANNING COMMISSION: APPROVED revised plans for CUP NO. 3726 (PC97-26) (4 yes votes, 1 no vote, and 2 absent). Negative Declaration previously approved. Council Member Zemel. The school that is being extended to meet the time period which will be equal with the church itself. He asked how many more years were left on the C.U.P. for the church. Cheryl Flores, Senior Planner. The number of years for the church school, which is the Vineyard Ministries School, will expire May 18, 1997. They have received a request for extension of time but it has not yet been scheduled before the Planning Commission. There is no expiration for the church C.U.P. itself. Council Member McCracken. As she understands, tonight they are considering the expansion as approved by the Planning Commission but the C.U.P. expires on May 18. Cheryl Flores. There are two schools involved and the only school under this request is the Fairmont Private School. They want to create nine classrooms in the existing church auditorium as well as construct an outdoor play area for the Fairmont School. There is no expiration date for the Fairmont School, but for the other school in the same location, the Vineyard Ministries Christian School. Council Member McCracken asked if they have an unlimited C.U.P. noting that there is no expiration date for Fairmont; Cheryl Flores. That is correct. She confirmed the May 18, 1997 date is for the other school at the same location (Vineyard Ministries). Mayor Daly. As he understands, there were revised plans approved for the C.U.P. and yet there is no time limitation. This is a permanent permit with no time limitation; Cheryl Flores answered that is correct. She also clarified for the Mayor that time limitations for churches in industrial areas no longer exists since the Code has been amended. The only time there is a limitation imposed is if it is stipulated as a condition of approval on the C.U.P. The schools are accessory to the church uses. Mayor Daly. The school portion of the church is growing and it is allowing expansion of a school in the industrial part of the City. Council Member Lopez. He asked if a public school could do the same and if there were certain guidelines and specifications relative to square footage, play areas, etc. Would this type of school be approved if it was a public school. City Attorney White. The City does not have any jurisdiction to require a C.U.P. for a public school. Public schools are exempt from the City's zoning ordinances providing they are using it for school classroom purposes. The City would never be involved in making a determination on a public school. Whether or not they meet the State Educational Code or other requirements, he is not sure anyone on staff could answer since they are never involved in making such a determination. It would probably be something that would have to come back in a report. In front of the Council tonight is the decision of 11 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 8, 1997 whether to set the matter for a Public Hearing or not. If not, the decision of the Planning Commission will be final. Council Member McCracken. She would like to set the matter for a Public Hearing. She is concerned about schools and expanding those schools in an industrial. There is a pharmaceutical company across the street, a car dealership with repairs and if this was a public school, they would not want children so close to a major street. Now the school is expanding and two schools are on the site. She was not on the Council at the time and does not know what the policy is. She has not had her questions answered to where she feels comfortable. The proposal looks beautiful but she has concerns about schools in industrial areas. Council Member Lopez concurred in her request to set the matter for a Public Hearing. Therefore, a Public Hearing will be scheduled at a later date. B4. 179: CONDITIONAL USE PERMIT NO. 3817 AND NEGATIVE DECLARATION: OWNER: LEDERER ANAHEIM LIMITED, 1990 Westwood Boulevard, #250, Los Angeles, CA 90025 AGENT: ROBERT WEISS, 1440 SOUTH ANAHEIM BOULEVARD, ANAHEIM, CA 92805 LOCATION: 1440 South Anaheim Boulevard (Anaheim Indoor Marketplace). Property is approximately 14.74 acres, being located north and east of the northeast corner of Cerritos Avenue and Anaheim Boulevard. Petitioner requests approval of revised plans to relocate a previously-approved indoor entertainment center, to add an approximate 3,500 square-foot outdoor event area and to amend or delete conditions of approval to reflect the requested revisions. ACTION TAKEN BY THE PLANNING COMMISSION: CUP 3817 APPROVED for two years - to expire 3/17/99 (PC97-29) (4 yes votes, 2 absent, and 1 abstained). Negative Declaration previously approved. B5. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3919 AND NEGATIVE DECLARATION: OWNER: WORLDWIDE REAL ESTATE, 515 Matin Street, Thousand Oaks, CA 91630 AGENT: WHITFIELD ASSOCIATES, 1100 South Coast Highway, Suite 201, Laguna Beach, CA 92651 LOCATION: 8200-8250 Crystal Drive. Property is approximately 2.3 acres located at the southeast corner of Pullman Street and Crystal Drive. To permit a 15,050 square-foot, 2-level automobile sales and service facility with accessory parts sales, an interior showroom, 11 service bays, roof mounted equipment, outdoor (at grade) and second level vehicle display/storage areas with waivers of (a) permitted freestanding signs APPROVED, (b) permitted directional signs APPROVED and (c) permitted wall signs. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3919 GRANTED, IN PART (PC97-30) (5 yes votes, 2 absent). Waiver of code requirement APPROVED, IN PART, waivers (a) and (c) as proposed, and approved the directional language for the two directional signs adjacent to Crystal Drive and denied the third directional sign at the corner of Pullman Street and Crystal Drive for waiver (b) Approved Negative Declaration. Mayor Daly asked who the operator will be, if the use was consistent with all the other land use approvals granted in the area, if this was a typical automobile sales site and if staff was aware of any application that the site next door will have auto sales. Cheryl Flores, Senior Planner. No dealer is assigned to the site as yet. It is owned by Anaheim Hills Pontiac-Buick GMC. Staff feels it is compatible with the other land uses and that it is well suited to the property because of the extensive street frontage. It is typical to what is currently being built-- a two- 12 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 8, 1997 level building with the second level to be used for the storage and display of new vehicles only. Staff is not aware of any submittals for the property across Savi Ranch Parkway to the south. She also confirmed for the Mayor that the property is in a Redevelopment area. The Mayor also posed questions relative to signage; Cheryl Flores. The request is for three directional signs. It was determined that one of those would not help with directions so it was denied. The two others were allowed to remain. The signage is consistent with that permitted in the corridor. The wall signs that were permitted, one advertises the business name and the second was necessary to identify the service area. Council Member Tait. As an aside, he believes there is a general plan for signage in process in that area. He asked the status of that plan. Mary McCIoskey, Deputy Planning Director. Redevelopment is handling the wayfinding (sign) program. The representative from Redevelopment is not present. She will have them give an update at the next meeting. There was no action taken by the Council on this item. REPORT AND RECOMMENDATION ITEMS. B6. 155: EIR 313 (PREVIOUSLY CERTIFIED FINAL SITE PLAN REVIEW NO. 97-07 REVIEW AND APPROVAL OF A FINAL SITE PLAN: LOCATION: 1854 South Harbor Boulevard (Fuiishi.qe Farms). Hiroshi Fujishige, c/o Jane Fujishige, 1854 South Harbor Boulevard, Anaheim, CA 92802, request for review and approval of a Final Site Plan to construct a produce stand in conjunction with, and accessory to, an existing agricultural use. ACTION TAKEN BY THE PLANNING COMMISSION: APPROVED Final Site Plan Review No. 97-07 - Review and Approval of a Final Site Plan. EIR NO. 313 previously certified. B7. 179: VARIANCE NO. 1229 AND CONDITIONAL USE PERMIT NO. 2199 INITIATION OF REVOCATION OR MODIFICATION PROCEEDINGS: LOCATION: 823 South Beach Boulevard. City initiated (Code Enforcement Division/Police Department), requests to initiate revocation or modification proceedings for Variance No. 1229 (to construct a 70-unit motel and coffee shop and Conditional Use Permit No. 2199 (to permit a cocktail lounge in an existing motel). ACTION TAKEN BY THE PLANNING COMMISSION: Initiated modification and/or revocation proceedings for 4/28/97. B8. 179: CONDITIONAL USE PERMIT NO. 3876 - REQUEST FOR REVIEW AND APPROVAL OF SIGN PLANS: Unitarian Church of Orange County, 918 West Lincoln Avenue, Suite 1, Anaheim, CA LOCATION: 511 South Harbor Boulevard. Requests review and approval of wall signs for a previously-approved church. ACTION TAKEN BY THE PLANNING COMMISSION: Approved sign plans. 92805 13 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 8, 1997 ITEM B9 FROM THE PLANNING COMMISSION MEETING OF MARCH 31, 1997: B9. INFORMATION ONLY -APPEAL PERIOD ENDS APRIL 10, 1997: 155: EIR NO. 313 (PREVIOUSLY-CERTIFIED) FINAL SITE PLAN REVIEW NO. 97-02 - REVIEW AND APPROVAL OF A FINAL SITE PLAN: City initiated, 200 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 800 West Katella Avenue (Anaheim Convention Center). Request for review and approval of a Final Site Plan, including the two alternative site plans, floor plans, elevation plans, and landscape plans, to expand the Anaheim Convention Center. ACTION TAKEN BY THE PLANNING COMMISSION: APPROVED the Final Site Plan including the two alternate site plans (expressing a preference for the "Base Plan"), floor plans, elevation plans and landscape plans (identified as Exhibits Nos. 1 through 12 on file in the planning Department), based upon a finding that the Final Site Plan is in conformance with the Anaheim Resort Specific Plan No. 92-2; and further, requested that any changes be brought back to the Planning Commission for approval under a Report and Recommendation item. (7 yes votes). Mayor Daly. He knows this item goes to the Planning Commission because of the Specific Plan. Mary McCloskey, Deputy Planning Director. She confirmed it goes to the Planning Commission for a final site plan approval through the Specific Plan. Mayor Daly. He asked, relative to the final plans for the Convention Center, if there will be another opportunity for the Council to review those plans or not. Mary McCloskey. Public Works is the lead on the construction of the facility and can respond. Mayor Daly. He noted that the General Manager of the Convention Center was present. He asked what the remaining process is for the Council to review the final site plans as well as building plans. Greg Smith, General Manager, Convention Center. Staff will schedule additional workshop sessions as they proceed through the final design. The Workshop last Tuesday (see minutes of 4/1/97) presented the 100% design development document. They will plan on moving forward with another workshop prior to going out to bid and at that time, the Council will be presented with the final archiectural design plan. Mayor Daly. He asked if there were alternative designs for the Katella Avenue entrance. Greg Smith. The base plan for the Katella Avenue entrance does not include a change in the intersection at the Convention Center. It will have the roadway coming down into the north end of the Convention Center Complex with a turn around. The alternate plan will have a bus dropoff and more extensive landscaping out on the Katella Avenue area with the intersection moved in a westward fashion opposite the arena with an additional lane for dropoff at that site. The roadway leading into the box-office parking area would be eliminated. Mayor Daly. He asked if by approving this tonight, are they precluding future final decisions -- is this the final site plan or not. Greg Smith. He does not know the legalities as far as the Planning Commission. He will defer to staff. Linda Johnson, Senior Planner. One of the purposes of the final site plan process for the project was to go through the environmental clearance and to make the determination that the plan as proposed was consistent with the previously certified EIR for the Anaheim Resort Specific Plan. The Planning Commission, in approving this final site plan, did approve the base plan and the alternative plan and they did request that any changes to the dropoff scenario go back to them for review and consideration prior to returning to the City Council. 14 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 8, 1997 Mayor Daly. He believes it will be helpful to have a time table to know what decisions still must be made by the Council vs. the Community Center Authority vs. the Planning Commission on the project. He would like to know when is it considered final and input no longer effective. Greg Smith. Staff can prepare a schedule time line of key decision dates including the bidding process dates as well as the prior dates on completing the design. He will be happy to prepare that and submit it to the City Manager for the Council. Mayor Daly. He asked if there is anything in the decision this evening that would dictate the outcome of the design of the Convention Center or are there still decisions yet to be made. Linda Johnson. With regard to the actual Convention Center expansion project, the building itself, nothing in this decision would preclude modification to that design as it goes through design development. As noted in the staff report, the signage plan has not been designed yet and that is one of the elements that will be forthcoming. She reiterated, the Planning Commission was primarily concerned about the dropoff arrangement and if there are any changes to that, they would desire to have that returned to them for their review and recommendation. There was no action taken by the Council on this item. END OF THE PLANNING COMMISSION ITEMS. B10. 155: ORDINANCE NO. 5594: (ADOPTION) amending Ordinance No. 5110 relating to the Anaheim Hills Festival Specific Plan No. 90-01 (Amendment No. 2). (Introduced at the meeting of April 1, 1997, Item D1.) Mayor Daly offered Ordinance No. 5594 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5594: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 5110 RELATING TO THE ANAHEIM HILLS FESTIVAL SPECIFIC PLAN NO. 90-01 (AMENDMENT NO. 2). Roll Call Vote on Ordinance No. 5594 for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5594 duly passed and adopted. Bll. 179: ORDINANCE NO. 5595: (INTRODUCTION) Amending Title 18 to rezone property under Reclassification No. 96-97-04 located at 1801 West Katella Avenue from the CG zone to the CL zone. B12. 179: ORDINANCE NO. 5596: (INTRODUCTION) Amending Title 18 to rezone property under Reclassification No. 96-97-03 located at 520 West Ball Road from the RS-A-43,000 and RS- 7200 zones to the CL zone. 15 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 8, 1997 Mayor Daly offered Ordinance Nos. 5595 and 5596 for first reading. ORDINANCE NO. 5595: AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 96-97-04 LOCATED AT 1801 WEST KATELLA AVENUE FROM THE CG ZONE TO THE CL ZONE. ORDINANCE NO. 5596: AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 96-97-03 LOCATED AT 520 WEST BALL ROAD FROM THE RS-A- 43,000 AND RS-7200 ZONES TO THE CL ZONE. C1. REPORT ON CLOSED SESSION ACTIONS: City Attorney Jack White Stated that there are no actions to report. C2. COUNCIL COMMENTS: There were no Council comments. ADJOURNMENT: By general Council consent, the Council Meeting of April 8, 1997 was adjourned (7:00 P.M.). LEONORA N. SOHL CITY CLERK 16