Loading...
1999/02/09ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 9, 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 : Leonora N. Sohl ASST. CITY CLERK : Ann Sauvageau PUBLIC UTILITIES GENERAL MANAGER : Ed Aghjayan PLANNING DIRECTOR : Joel Fick COMMUNITY SERVICES DIRECTOR : Chris Jarvi RECREATION SUPERINTENDENT : Terry Lowe COMMUNITY DEVELOPMENT COORDINATOR : Christine Guin HUMAN SERVICES MANAGER : Lynn Smith A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 11:25 a.m. on February 5, 1999 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall) containing all items as shown herein. COMMUNITY SERVICES BOARD PRESENT/CHAIR: Bruce Solari BOARD MEMBERS: Mary Hibbard (Vice Chair) June Lowry John Machiaverna Martha Miser Frank Ramirez Marge Rothrock Flo Tarlton Jacquelyn Terrell James Vanderbilt ABSENT: Liz Cason Michael Edmiston Patsy Tafolla Esther Wallace Mayor Pro Tem, Shirley McCracken called the workshop portion of the meeting of February 9, 1999 to order and welcomed those in attendance as well as the Chair and Members of the Community Services Board (3:10 P.M.). City Manager, James Ruth. He introduced Mr. Bruce Solari, Chair of the Community Services Board who will start the presentation today. COMMUNITY SERVICES BOARD WORKSHOP - COMMUNITY SERVICES DEPARTMENT – 105: RECREATION/HUMAN SERVICES DIVISION: Mr. Bruce Solari, Chair, Community Services Board. He is hoping this method of meeting is proving to be effective for the Council. As their agenda indicates, ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 9, 1999 there are three issues the Board wants to discuss today to fulfill their mission of advising the Council about the Human Services Needs in Anaheim: (1 ) Anaheim Collaboration in Response to Motel Families – Vice Chair Hibbard, (2) CDBG Funding for Non-Profit Agencies – Board Member Lowry, (3) Community Services Board’s “Community Hero” Award, Board Member Vanderbilt. Mary Hibbard will address the first issue which is a real crisis. Anaheim Collaboration in Response to Motel Families : Vice Chair, Mary Hibbard. She reported on the meetings of the Collaborative that have been held thus far. (Also see Memorandum dated February 4, 1999 from the Director of Community Services, Chris Jarvi – Subject : Workshop with the Community Services Board – which summarized the three topics to be discussed at today’s workshop – along with a list entitled – Anaheim Collaboration in Response to the Needs of Motel Families – January 12, 1999 – Adult Needs Identified – Children/Youth Needs Identified – Barriers – made a part of the record). She had asked if it would be possible for City divisions to attend a meeting which occurred in the fourth workshop. It was attended by representatives from Code Enforcement, the Police Department, Bertha Chavoya of Housing, etc., who gave input to explain what they were doing relative to the motel issue. They had no idea the City was already proactive and doing a number of things with the motels. As the non-profits in the Collaborative, they will be on the line with the City when a family needs certain things – basically as a non-profit, what can they do to contribute to those families to give them the basic necessities of housekeeping. She can see a concern arising – what happens if the City decides to “junk” 20 of the 45 motels (see list of motels submitted with addresses and the school districts they are in submitted with the agenda for the meeting.) She emphasized they would not be against the City doing so and 90% (of the Collaborative/non-profits) would help the City destroy them knowing that there is another program that is going to happen because they feel the City is so far sighted and cutting edge there would be another way of housing these families. Theirs is not a political group, but a helping one – their goal(s) being, how can they help the City bring up the code of the motels and how can they help the families get out of the cycle of motels. (Mayor Daly entered the Council Chamber – 3:22 p.m.) Questions were then posed by Council Members regarding the motel families issue which were answered by both Ms. Hibbard and Board Member, June Lowry. Mayor Daly also asked that they be informed if there was anything the Council can do to help with the effort. Before concluding the subject, a video was shown entitled, “Operation Hope ” which showed some of the motels where families and many children live, the crowded/overcrowded conditions, deteriorated and unsafe conditions, drug dealing, prostitution, Police calls, etc., as well as an example of a “success story” -- a positive outcome when the motel-family cycle is broken. CDBG (Community Development Block Grant) Funding for Non-Profit Agencies : Board Member, June Lowry. (See Item 2., page 2 of the Memorandum from Chris Jarvi dated February 4, 1999 summarizing the issue). Mrs. Lowry stated , starting over a year ago when they met with the Council, at that time the Board said that funding from the City needs to be looked at and also how it is administered. She explained how the system has worked with money for non-profits coming from two sources – from the General Fund and from Block Grant funding. She explained the problems involved with that system (two different staffs involved, monitoring of contracts, etc., i.e., a duplication of services). A suggestion was brought to the Council that funding be taken from only one source and for one year they would try it from Block Grant funding. One of the things the CSB did state was that they felt very strongly they did not want to see monies for non-profits go down and remain at least at the same amount as the previous year. The resultant recommendations are in front of the Council tonight (see Request for FY99-00 CDBG Funding Requests and Recommendations on back of sheet submitted entitled, Community Effort – made a part of the record). When they ( CSB) went to the Community Development Advisory Board ( CDAB), they did not buy into it (the funding recommendation) and said they were in control and will recommend the way they want to because they feel there are other priorities besides non-profits in Anaheim. CDAB is made up of people who live in six neighborhoods with two votes each and one member from the CSB, one each from the Planning Commission, the Private Industry Council, and 2 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 9, 1999 Planning, and two from Housing and Redevelopment. When the vote was taken this year on non-profits, it went down almost exactly neighborhoods vs. CSB recommendations. Neighborhoods do not focus on the City as a whole as does the CSB. Mayor Daly interjected and asked what the CSB would like the Council to do; Mrs. Lowry answered they would like some direction, specifically a policy statement from the Council on funding for non-profits which would be for the following year 2000-2001 because they have already passed the process at this point in time for this year. Mayor Daly. The amount of money that the CSB has been analyzing and will be recommending is $305,000; Mrs. Lowry explained the recommendation that will be coming to Council is not what the CSB recommended. Mayor Daly. As he understands, the CSB is recommending $305,000 and CDAB, $274,000 and Mrs. Lowry ( CSB) wants to underscore she hopes that the Council will spend the $305,000; Mrs. Lowry stated that was correct, or at least go along with the recommendation of staff and the CDAB in a meeting with staff where they came up to approximately $303,000. Mayor Daly. He feels they know there are basic characteristic differences between the two groups – one is neighborhood focused and one is community-wide focused. Those are just the facts and they have to try to do the right thing for the neighborhoods as well as the community at large. Looking at the list of recommendations, it looks to him the real difference of opinion is relative to the Boys and Girls Club and the Friends Outside. (It was later noted that there was a typographical error in the requested amount for the Boys and Girls Club where it should have been $150,00 and not $15,000 as indicated.) Conversely, he believes it is positive that there is so much agreement on the programs that deserve funding. Many are programs they have seen in the past that they know are successful and are very cost effective; Mrs. Lowry pointed out that many of those programs are working with the motel children. Questions were then posed by Council Members relative to the recommendations which were answered by City Manager Ruth, Christine Guin /Community Development and Board Members after which, Mayor Daly stated he wanted the Board to focus on the specific recommendations this year because the matter will be coming to the Council in two weeks for a decision. He would like to talk about future years and ask the Board’s thinking regarding next Fiscal Year and Fiscal Years beyond that. Board Member Lowry. She feels personally, working on both boards ( CDAB and CSB), that the CSB really knows non-profits whereas the CDAB does not. She knows there is the question of Public Hearings. According to HUD guidelines, they must have Public Hearings. Both boards hold the hearings because the Council has asked that they do so. The Council could hold the Public Hearings or make the decision that the Public Hearings would be held for non-profits but recommendations made in the CSB rather than CDAB and then the recommendations would come directly from the CSB. That amount of money would be automatically taken out of the CDAB budget in the first place. Another area is relative to administration. Some of the people on CDAB do not understand in letting out a contract, it is necessary to have staff administer it (the contract) and administration can be cut only so far in order to operate efficiently. Mayor Daly. He surmised, in terms of the bigger picture, the system is working well. Before concluding this subject, Mrs. Lowry stated some things not listed on the sheet of recommendations involved the Jeffrey Lynne Project, Ponderosa Park Project, Kids in Action, etc., The Council will see those in the full recommendation when it comes to them from the CSB, CDAB and staff. COMMUNITY SERVICES BOARD’S “COMMUNITY HERO” AWARD : James Vanderbilt, Board Member. The Board is trying to put together a concept of one of their members. (See staff memorandum dated February 4, 1999, page 3, Item 3 which summarizes the recommendation.) “The 3 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 9, 1999 CSB is presently desirous of developing an awards program to recognize the outstanding efforts and contributions of volunteers in City programs and nonprofit organizations. The CSB would like the City Council’s impression of this type of recognition.” Mr. Vanderbilt then briefed the concept. The Board felt it would be prudent to recognize some of the individuals, recognizing their outstanding efforts and contributions as volunteers in City programs and non-profit organizations, as well as having them recognized at a higher level. They wanted to develop an awards program that would occur quarterly, recognizing individuals first within their own board ( CSB) and then, on an annual basis, bring them to a Council meeting for an annual recognition. The vehicle the Board would like to use to find the individuals is a newsletter (see DRAFT newsletter – Community Effort which contained a Nomination Form). They would hope the Council would look upon this recommendation favorably and give their consent. Mayor Daly thanked the Board for the suggestion and the briefing on how the awards program could occur – quarterly and annually. He would like to make a suggestion for the Board to take under submission to think about how the award will complement the other awards programs already established in the City. For instance, the Police have an annual volunteer recognition program which is in its second or third year. It is important to consider other such programs so that enough recognition occurs and the timing does not conflict with those other programs. Personally, he feels it is a good idea. He reiterated, the Board should think about how to position the award so that it is singular and the community is not confused with other awards. Concluding Comments : Council Member McCracken. She noted the vacancy on the Community Services Board and the fact that there are some applications on file. She and Council Member Kring have been going through the applications and contacting people but some are so old, people are no longer available. She feels it would be helpful if the Board could reach out to the community since they would know the people who are interested in serving. Mayor Daly. It is important to make sure the City Clerk’s office assists in the process. It would be helpful to have as much information as possible about prospective applicants; Board Member Terrell emphasized that one thing that should be stressed is that attendance at meetings is all important. Board Member Lowry. She reiterated what she would like is policy from the Council for funding for 2000-2001. They will be starting that process in August. Mayor Daly. The Council will work with the City Manager as the budget cycle approaches. The City Manager will be given direction to craft the budget for the coming year. They cannot reach a final decision today but he feels it is safe to say, the funding will be at least as much as this year. Chair, Bruce Solari. What they have to work on is a process so that they will have a process that works ; Mayor Daly. The Council has heard the recommendations on possibly changing one part of the process, the hearing process. Mr. Jarvi wrote up some reforms as well. As they get into adopting the budget, they will see some of the Board’s other suggestions voted on and some of the programs will likely show up in the General Fund. Board Member, Flo Tarlton . She is glad the Council is finally taking care of the west part of the City. Now they don’t have to secede to Buena Park; the Mayor and Council Members duly noted the remark, the Mayor suggesting (in jest) they perhaps will merge with Buena Park in the future. He then thanked the Community Services Board for the time they contribute, as volunteers, to this important work of the City in addressing the social needs of the community. REQUEST FOR CLOSED SESSION - ADDITION TO CLOSED SESSION AGENDA : City Attorney White stated there is one additional item to be added to the Closed Session Agenda. They received a communication from the Securities Exchange Commission (SEC) since the agenda was prepared and 4 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 9, 1999 posted and it is necessary to respond prior to the next City Council Meeting in the matter of the City of Anaheim – SEC Administrative Proceedings No. 3-9739. MOTION. Mayor Daly moved to waive the 72-hour posting provision of the Brown Act finding that there is a need to take immediate action in the matter of the City of Anaheim – SEC Administrative Proceedings No. 3-9739 and that the need for action came to the attention of the City subsequent to the agenda being posted. Council Member McCracken seconded the motion. MOTION CARRIED. RECESS - CLOSED SESSION ITEMS: City Attorney White requested a Closed Session to consider the following items: CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 1. 54956.9(a) - Existing Litigation: Name of case : Delmonico, et al. v. City of Anaheim, et al. (and related cases and cross actions) Orange County Superior Court Case No. 70-80-71. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: 2. Initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code : one case. LIABILITY CLAIMS: 3. Claimant: 396 Investment Company fka The Fieldstone Company Agency claimed against : City of Anaheim PUBLIC EMPLOYEE APPOINTMENT - Government Code Section 54957: 4. Title: City Clerk CONFERENCE WITH LABOR NEGOTIATOR 5. Dave Hill Agency Designated Representative : Anaheim Fire Association Employee organization : 6. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) – Existing Litigation: Name of Case : Robin Fuhrman vs.City of Anaheim, Orange County Superior Court Case No. 79-09-44. 7. In the matter of the City of Anaheim – SEC Administrative Proceedings No. 3-9739 RECESS: Mayor Daly moved to recess into Closed Session. Council Member McCracken seconded the motion. MOTION CARRIED. (4:08 p.m.) AFTER RECESS: Mayor Daly called the regular Council meeting of February 9, 1999 to order at 5:58 p.m. and welcomed those in attendance. INVOCATION: A moment of Silence was observed in lieu of an invocation. FLAG SALUTE: Council Member Lucille Kring led the assembly in the Pledge of Allegiance to the Flag. RECOGNITION AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: 5 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 9, 1999 th 1. DECLARATION recognizing Servite High School in their 40 Anniversary. PROCLAMATION : 119: The following Proclamation was issued and authorized by the City Council: 1. Proclamation recognizing the Anaheim Angels as they begin spring training. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,810,300.61 for the period ending February 9,1999 in accordance with the 1998-99 Budget, were approved. Mayor Daly recessed the City Council Meeting until after the Redevelopment Agency meeting. (6:00 p.m.) Mayor Daly reconvened the City Council meeting. (6:02 p.m.) ADDITIONS TO THE AGENDA: There were no add itions to agenda items. PUBLIC COMMENTS – AGENDA ITEMS: Public input was received on item B14 (see discussion under that item). ITEMS OF PUBLIC INTEREST: Linda Lee Grau , 24 Morning Dove, Irvine, CA. Give Savis Roditis his 100 cabs. De-regulate the cab business in the City. Joe Kung, 5581 Santa Ana Canyon Road, Anaheim. He has a shopping center at the northwest corner of Imperial and Santa Ana Canyon Road. The Canyon Plaza Shopping Center is located across the street from him at the northeast corner. It has a one-way driveway entrance from Imperial Highway since 1984 which was granted by the City under a license agreement with a CPI increase every three years. He applied for a permit for a similar type entrance from Imperial for the past two years for his center. Unfortunately, he could not reach an agreement with staff on the purchase price of the entrance which involves 200 square feet of land. There was a meeting last Thursday (with the City) where he was told he had to agree with the staff recommendation of $70,000 to purchase the right on or before February 19, 1999. If he did not agree by that date, the construction work of the Imperial Highway widening will start without a curb cut for his entrance. He would like to ask, (1) to be granted a chance to discuss the matter with the Council Members in a Council meeting two weeks from tonight if the staff will arrange a meeting like that. Staff told him without an agreement, no meeting. (2) He would like to postpone the deadline until after that hearing so that an agreement can be worked out. (3) Because of the lengthy discussion on the purchase price, he proposes a lease agreement under the same terms as the one across the street. He would like to be treated equally and at equal cost. Mayor Daly asked if he was familiar with the procedures where the Planning Commission items come to the agenda after the Planning Commission hearing; Mr. Kung answered that the street access is not a Planning Commission item, but is a different issue. Mayor Daly. The Council will take his request under submission. Debbie O’Neill, 5949 Avenida Arbol , Anaheim. Regarding the entrance to Mr. Kung’s property, right now he has three entrances going into his property. The entrance he referred to off Imperial (into the Canyon Plaza Shopping Center) was because there was only one entrance at the time when the Fox Fire Restaurant burned to the ground and the Fire trucks could not get in. The entrance Mr. Kung is requesting for his center (off Imperial) would cause traffic to back up and vehicles would cut across the property to go to the Post Office. It would also cause additional traffic for the residents living behind Mr. Kung’s property. Instead of going all the way to Santa Ana Canyon Road, vehicles would instead be cutting through his shopping center as a short cut and it would cause more congestion. 6 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 9, 1999 MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of February 9, 1999. Council Member Kring seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR ITEMS A1 - A11 : 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. A1. 118: Rejecting and denying certain claims filed against the City. Referred to Risk Management. The following clai ms were filed against the City and actions taken as recommended: a. Claim submitted by Cathryn J. Wright for property damage sustained purportedly due to actions of the City on or about December 6, 1998. b. Claim submitted by Richard Palmer, Marilyn Palmer, Christina Davidson a minor and Rebecca Davidson a minor, c/o Law Offices of James J. DiCesare for property damage and bodily injuries sustained purportedly due to actions of the City on or about May 19, 1998. c. Claim submitted by Nuzzio Begaren, c/o Law Offices of Wylie A. Aitken for property damage sustained purportedly due to actions of the City on or about January 17, 1998. A2. 105: Receiving and filing minute s of the Golf Advisory Commission meeting held December 3, 1998. 105: Receiving and filing minutes of the Anaheim Private Industry Council meeting held November 19, 1998. A3. 166: Releasing the low bidder, L. Barrios & Associates, Inc., from its bid; amending the FY 1998/99 Public Works Department Capital Improvement budget to incorporate an increment of $15,000 for the project expenditure in Fund 101 (Capital Outlay) to cover construction, and contingency costs; and awarding the contract to the lowest responsible bidder, A & M Construction, in the amount of $64,000 for the Entry Monumentation Sign Wall in Median at Meats Avenue, 21.3 meters south of Westfield Court; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A4. 175: Approving Contract Change Order No. 2, in the amount of $325,000, in favor of Pouk & Steinle, Inc., for I-5 Segments “B, C, and D” Electrical System Relocation; and authorizing the Director of Public Works to execute Contract Change Order No. 2 and all related documents. A5. 170: Approving the Final Map of Tract No. 15610, and Subdivision Agreement with Kaufman & Broad, and authorizing the Mayor and City Clerk to execute said Agreement. Tract No. 15610 is located at the east side of Brookhurst Street, south of Lincoln Avenue on Cherrywood Lane, a private street, and is filed in conjunction with Reclassification No. 97-98-09 and Conditional Use Permit No. 4000. A6. 160: Authorizing the Purchasing Agent to issue a Change Order to Hoffman Video Systems, for $11,955 for an additional video camera and related parts, bringing the total amount of the purchases to $65,676, in accordance with Bid #5864. 7 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 9, 1999 A7. 142: ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANHEIM repealing Chapter 4.29 of, and adding new Chapter 4.29 to Title 4 of the Anaheim Municipal Code relating to massage establishments. (Discussed and continued from the meetings of January 5, 1999, Item A13, and January 26, 1999, Item A10.) Council Member McCracken . Her concern with this proposed ordinance is that they have a choice of three ordinances for first reading. She recommends removing this item until the Council can have some study sessions with the Police Chief, Visitor and Convention Bureau and perhaps the Masseuse Association in order to have a better understanding on which ordinance best fits the City’s needs. It is a complex issue and she does not feel adequately prepared to choose one of the three ordinances. MOTION. Council Member McCracken moved to pull this item from the agenda and continue it until the Council has had an opportunity to have City sessions on the issue. Mayor Daly seconded the motion. Before action was taken, Mayor Daly asked if 30 to 45 days would be sufficient; Council Member McCracken stated she does not know how long it would take. She wants to deal with the issue fairly and correctly and have a better feeling and understanding of the ordinances with additional input from the Police Chief, the hotel industry, as well as community organizations particularly the Redevelopment areas. Mayor Daly suggested 30 days and if they need more time, they will take it. A vote was then taken on the foregoing motion continuing this matter for 30 days. MOTION CARRIED. Before concluding, Mayor Daly stated it is his understanding that Council Member McCracken is not suggesting workshops prior to a Council Meeting, but rather some opportunities to meet with the Police Chief, V&CB , etc. A8. 129: To consider Increasing the appropriation limit of the Fleet Services Division by $80,000 to acquire urban search and rescue hardware and necessary transportation equipment to raise the Fire Departments’ response capability to that of a Medium Level Technical Rescue organization as per the State Office of Emergency Services criteria. City Manager Ruth. Staff is respectfully requesting that this item be continued for 30 days. (At the conclusion of the Consent Calendar, the item was continued as requested.) A9. 106: Amending the Fiscal Year (FY) 1998-99 JTPA Budget increasing revenues and expenditures in fund 220, in the amount of $586,812 and increasing revenues and expenditures in Fund 224, in the amount of $190,090. A10. 123: Approving an Amendment to Agreement with APS Affiliates to supply one additional tax copier at Central Library for tax season at no additional cost. A11. 175: Approving a Memorandum of Understanding ( MOU ) between Idaho Power Company and the City of Anaheim, detailing the terms of a proposed Business Alliance relating to power generation and transmission utilization and the provision of other energy related services; and authorizing the Public Utilities General Manager to execute the MOU , and any related documents necessary to implement the MOU . Submitted was report dated February 9, 1999 from the Public Utilities General Manager recommending approval of the subject. Council Member Tait requested a briefing from staff to let the public know why this proposal is being brought forward. 8 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 9, 1999 Mr. Ed Aghjayan, Public Utilities General Manager first stated that since November, 1997, staff has been looking at a variety of strategic alliances in light of the deregulation of the Utilities in California. He then briefed the subject report. (Also see minutes of the Council Meeting of February 2, 1999 where a workshop was held on this issue .)The proposed business alliance is a significant result from the Strategic Options study approved by the City Council. Twenty-one proposals in several product areas were received and finally narrowed down to five serious proposals from four different private companies and one public entity. This proposal involves power resources which is about 80% of the Utilities total cost of operation or $170 Million annually. The proposal they are recommending after their extensive review is Idaho Power Company. (A summary of the business deal points with Idaho Power was attached to the report of February 9, 1999, Exhibit A.) The term of the agreement is five years with provisions for off- ramps beginning at the end of the second year. As stated in the Summary portion of the report, “The Business Alliance would bring a guaranteed annual savings of $1 Million to the Department; as the Business Alliance matures, the Department estimates that an additional $1 Million to $2 Million in annual savings would be realized. Additional revenues from the provision of other energy services could enhance the value of the Business Alliance.” If the Council approves this proposed Memorandum of Understanding for a Business Alliance, they expect to come back with definitive agreements in April, 1999 and start the Alliance in the Summer-time peak season. Council Member Tait . He commended staff for all their efforts in this regard. This was the City’s response to deregulation of the power industry which will bring between one million and maybe three to four million dollars in savings a year which equates to lower rates to customers of the City’s Public Utilities which are already about 25% lower. He is very proud of staff having responded to competition in this manner and looks forward to further strategies. Mayor Daly. He agrees. It is great work by the Public Utilities General Manager and his staff to bring a cost-saving measure forward and to continue to deal with the issue of deregulation. END OF CONSENT CALENDAR. MOTIONS CARRIED. APPOINTMENT TO THE BUDGET ADVISORY COMMISSION : A12. 105: Appointment to the Budget Advisory Commission to fill the unexpected vacancy of Cindy Floriani (term expires 6/30/2000). MOTION. Mayor Daly requested a two-week continuance of the subject appointment. Council Member Kring seconded the motion. MOTION CARRIED. ITEMS B1 – B11 FROM THE PLANNING COMMISSION MEETING OF JANUARY 20, 1999 - INFORMATION ONLY APPEAL PERIOD ENDS FEBRUARY 11, 1999: ENVIRONMENTAL IMPACT REPORT NO. 321 GENERAL PLAN AMENDMENT NO. 361 B1. 155: THE ANAHEIM STADIUM AREA MASTER LAND USE PLAN (INCLUDING DRAFT ZONING AND DEVELOPMENT STANDARDS, URBAN DESIGN PLAN AND GUIDELINES, MASTER LANDSCAPE PLAN, PUBLIC FACILITIES PLAN AND IDENTITY PLAN) AMENDMENT TO TITLE 18 “ZONING” INITIATED BY: City of Anaheim, Planning Department, 200 S. Anaheim Blvd., Anaheim, CA 92805 9 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 9, 1999 LOCATION: The 807-acre Anaheim Stadium Area is generally bounded by the Edison transmission corridor on the north, the SR-57 (Orange) Freeway and the Santa Ana River on the east, the Anaheim City limits near Orangewood Avenue on the south, and the I-5 (Santa Ana) Freeway on the west. Environmental Impact Report No. 321 - Request for certification of EIR No. 321, including a statement of Overriding Considerations. Draft Environmental Impact Report ( DEIR) No. 321 has been prepared for the project and circulated for public and responsible agency review in compliance with the California Environmental Quality Act ( CEQA) and the State and City of Anaheim CEQA Guidelines. As indicated in the DEIR, significant effects on the environment related to schools, air quality and solid waste will result from implementation of the Anaheim Stadium Area Master Land Use Plan ( MLUP). A Response to Comments document will be made available for public review 10 days prior to the final decision on the project. This document includes responses which address the public/responsible agency comments on the DEIR and refinements to the text of the EIR. General Plan Amendment No. 361 - Proposal to amend the Land Use, Circulation, and Safety and Seismic Elements of the General Plan as follows: A. Land Use Element To add text to the General Plan Land Use Element recognizing the Anaheim Stadium Area MLUP, including zoning and development standards as an implementing zoning document of a mixed use land use designation, and establishing maximum development intensities for the area. To revise the Water, Sewer and Storm Drain General Plan Land Use Element Maps to reflect the public facility improvements described in Section 5.8, Public Services, Utilities and Energy Consumption, of the EIR. B. Circulation Element To redesignate Katella Avenue betwwen Lewis Street and the Katella Avenue entrance to the Stadium property from a Major Arterial Highway (120-foot right-of-way) to a Stadium Area Smart (130-144 feet of right-of-way) designation; and between the Katella Aveune entrance to the Stadium property and the east Anaheim City limits from a Major Arterial Highway (120-foot right of way) to a Stadium Area Smart Street (120-144 feet of right-of-way) designation. To redesignate Lewis Street between Cerritos Avenue and Orangewood Avenue from a Primary Arterial Highway (106-foot right-of-way) to a Secondary Arterial Highway (90-foot right-of-way) designation. To redesignate State College Boulevard between Gene Autry Way and Katella Avenue from a Major Arterial Highway (120-foot right-of-way) to a Modified Major Arterial Highway (129-144 feet of right-of-way) designation; and between Katella Avenue and south of Babbitt Avenue from a Major Arterial Highway (120-foot right-of-way) to a Modified Major Arterial Highway (162-foot right-of way) designation. Critical Intersections – to delete the Katella Avenue/Howell Avenue Critical Intersection and to add a State College Boulevard/Gene Autry Way Critical Intersection. C. Safety and Seismic Element 10 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 9, 1999 That the Fire Station Public Facility designation shown on the Land Use Element Map and associated text contained in the Safety and Seismic Element be deleted from the General Plan. Related actions addressed in DEIT No. 321, which may occur subsequent to adoption of the proposed project, are included in Section 3.7 of that document and may include infrastructure financing programs, proerty acquisition (which may involve the exercise of eminent domain proceedings), subdivision maps, zoning permits, encroachment permits, implementation of a zoning overlay, zoning permits, building permits, and other actions related to the proposed construction and development of the Anaheim Stadium Area MLUP . ACTION TAKEN BY THE PLANNING COMMISSION: Recommended approval of General Plan Amendment No. 361 with modifications (Exhibit A) to City Council ( PC99-10) (6 yes votes, 1 no vote). Recommended that the City Council approve the Anaheim Stadium Area Master Land Use Plan with modifications ( PC99-11) 6 yes votes, 1 no vote). Approved amendment to Title 18 “Zoning – requested that the City Attorney prepare an ordinance for adoption by City Council. This matter is set for a City Council Public Hearing on March 2, 1999 since it involves an amendment to the City’s General Plan. VARIANCE NO. 4352 – CATEGORICALLY EXEMPT, CLASS 11: B2. 179: OWNER: JMW Family Enterprises, LP, 10401 Fernwood Rd., Suite 300G, Bethesda, MD 20817 AGENT: Lorenzo Reyes, 1224 E. Katella Ave., Suite 105, Orange, CA 92867 Millie's Restaurant, c/o Ramm Associates, 27111 Aliso Creek Rd., Suite 195, Aliso Viejo, CA 92656 LOCATION: 1480 South Harbor Boulevard - Millie’s Restaurant. Property is 4.3 acres located on the east side of Harbor Boulevard, 282 feet south of the centerline of Manchester Avenue. Waiver of (a) permitted wall and permitted canopy signs , (b) prohibited signs and (c) sign standard matrix to permit twelve (12) wall signs (including two business identification wall signs and ten internally-illuminated canopy signs with sign copy advertising products and/or services). ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4352 GRANTED, IN PART, until 12/31/99 ( PC99-12) (7 yes votes). GENERAL PLAN AMENDMENT NO. 342, AND NEGATIVE DECLARATION: B3. 134: OWNER: City-Initiated (Planning Department), 200 S. Anaheim Blvd., Anaheim, CA 92805 LOCATION: Convention Way between West Street and Harbor Boulevard. A City-initiated amendment to the Circulation Element of the Anaheim General Plan to Convention Way between West Street and Harbor Boulevard from a Primary Arterial Highway to a Local Street. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended adoption of General Plan Amendment No. 342 (Exhibit A) to City Council ( PC99-13) (7 yes votes). Approved Negative Declaration. Set for a City Council public hearing on March 2, 1999. CONDITIONAL USE PERMIT NO. 4092 B4. 179: CATEGORICALLY EXEMPT, CLASS 1: OWNER: Boon Hoo Yee, Ah Tai Yap, Ah Sang Te, Heng Fatt Wong, Kwee Hee Yap, Seet Hua Ooi and Pauline Phuong Lieu, 1761 S. Harbor Blvd., Anaheim, CA 92802 11 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 9, 1999 AGENT: Tien Chu, 3354 E. Colorado Blvd., Pasadena, CA 91107 LOCATION: 1761 South Harbor Boulevard - ABC Market. Property is 0.17 acre located on the west side of Harbor Boulevard, 215 feet north of the centerline of Katella Avenue. To reconstruct the exterior facade of an existing legal non-conforming retail building. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4092 GRANTED ( PC99-14) (7 yes votes). WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 4068 B5. 179: SPECIMEN TREE REMOVAL PERMIT NO. 98-04 AND NEGATIVE DECLARATION: OWNER: Joseph T. Kung and Emma W. Kung, 20866 E. Quail Run Drive, Diamond Bar, CA 91789 LOCATION: 5555 - 5665 East Santa Ana Canyon Road - Imperial Canyon Center. Property is 5.03 acres located at the northwest corner of Imperial Highway and Santa Ana Canyon Road, on the north side of Santa Ana Canyon Road. Conditional Use Permit No. 4068 ( Readvertised ) - to permit the expansion of an existing 55,557 square foot, 45-unit, commercial center by adding 2,266 square foot to an existing building and the construction of a new 1-story 2,820 square foot building with 5 new units, for a total of 50 units (office, retail, financial and restaurant uses) with a total of 60,643 square feet with waivers of a) permitted number and type of commercial identification signs - DENIED, b) minimum number of parking spaces – DENIED, c) maximum structural height adjacent to a residential zone – DENIED, d) minimum structural setback adjacent to a scenic highway – DENIED and e) minimum structural and landscape setback adjacent to a local street – DENIED. Specimen Tree Removal Permit No. 98-04 - to permit the removal of 1 eucalyptus tree. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4068 DENIED ( PC99-15) (7 yes votes). Waiver of code requirement DENIED (7 yes votes). Specimen Tree Removal Permit No. 98-04 DENIED. DENIED Negative Declaration. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 4080 B6. 179: DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 98-09 AND NEGATIVE DECLARATION: OWNER: Anaheim Ball Landmark, 1536 Stone Canyon Road, Los Angeles, CA 90077 AGENT: Travis Engineering, Attn: Karl Huy, 12453 Lewis Street #201, Garden Grove, CA 92840 LOCATION: 1120-1150 South Anaheim Boulevard - former Dodge dealership. Property is 1.18 acres located at the northeast corner of Anaheim Boulevard and Ball Road. To construct a service station and convenience market with retail sales of beer and wine for off- premises consumption and an integrated fast food restaurant with a drive through lane with waivers of (a) permitted types of signs - DENIED, (b) minimum distance between freestanding signs – APPROVED, (c) minimum landscape setback adjacent to an interior boundary line – DENIED and (d) minimum number of parking spaces – DENIED. To determine public convenience or necessity to allow retail sales of beer and wine for off-premises consumption in a proposed service station convenience market. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4080 GRANTED, IN PART ( PC99-16) (4 yes votes, 1 no vote, 1 absent, and 1 abstained). Waiver of code requirement APPROVED, IN PART, approving waiver (b), and denying waivers (a), (c), and (d). 12 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 9, 1999 Denied Determination of Public Convenience or Necessity No. 98-09 ( PC99-17) (5 yes votes, 1 abstained, and 1 absent). A review of the Planning Commission’s decision was requested by Mayor Daly concurred in by Council Member McCracken and, therefore, a Public Hearing will be set at a later date. Mr. Barry Hamman, 1 Corporate Park, Ste. 101, Irvine asked to speak and stated he was present on behalf of the applicant who is concerned about the time delay that might occur on this item. He does not know if it is appropriate at this time but would like to know the reasoning behind the request for a Public Hearing. The item went to the Planning Commission with the support of Planning staff. It was approved by the Planning Commission and had some 49 conditions imposed and all were accepted. The applicant is not debating anything, they are not aware of any issues and they feel this corner should be set aside as soon as possible for development. Perhaps if there are any questions, those could be addressed tonight. For a small businessman, every day is important. Mayor Daly. In order for the Council to fully discuss all the details of the project, it is necessary to have a Public Hearing. There is no way of going into the details this evening. The Council either sets it for a hearing or they do not. He would like to have a hearing. Barry Hamman . He asked if there was a way to find out what concerns there are. The issue of a moratorium on new service stations was withdrawn (see minutes of January 26, 1999). He is wondering if it is anything small that might be reconciled at this time. Mayor Daly. He will be happy to share his concerns with Mr. Hamman prior to the hearing . WAIVER OF CODE REQUIREMENT B7. 179: CONDITIONAL USE PERMIT NO. 4081, AND NEGATIVE DECLARATION: OWNER : Wells Fargo Bank, 333 S. Grand Avenue, Suite 700, Los Angeles, CA 90071 AGENT: Brett Marchi, 2 Strawberry Lane, San Juan Capistrano, CA 92675 LOCATION: 1025 East Orangethorpe Avenue - CM School Supply . Property is 1.67 acres located on the north side of Orangethorpe Avenue, 193 feet west of the centerline of Raymond Avenue. To permit and retain a 40-foot high pole sign in conjunction with a previously-approved commercial school supply, showroom and warehouse business in the ML (Limited Industrial) Zone with waiver of a) permitted type of signs, b) maximum area of freestanding signs, c) maximum height of freestanding signs and d) maximum sign width. ACTION TAKEN BY THE PLANNING COMMISSION: WITHDRAWN BY THE PETITONER. REPORT AND RECOMMENDATION ITEMS: CONDITIONAL USE PERMIT NO. 4035 - REQUEST REVIEW AND APPROVAL OF B8. 179: FINAL PLANS, AND NEGATIVE DECLARATION : Alireza Bahrami, 329-331 North State College Blvd., Anaheim, CA 92806, requests review and approval of final sign plans. Property is located at 329-331 North State College Boulevard - Kris Kars). ACTION TAKEN BY THE PLANNING COMMISSION: Approved final plans for CUP NO. 4035. Negative Declaration previously approved. CONDITIONAL USE PERMIT NO. 4057 - REQUEST REVIEW AND APPROVAL OF B9. 179: FINAL PLANS, AND NEGATIVE DECLARATION : Travis Engineering, Attn: Karl Huy, 12453 Lewis Street #201, Garden Grove, CA 92840, requests review and approval of final building 13 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 9, 1999 elevation, canopy elevation, landscaping, lighting, and signage plans. Property is located at 1101 North Magnolia Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: Approved final plans for CUP NO. 4057. Negative Declaration previously approved. CONDITIONAL USE PERMIT NO. 3915 - REQUEST FOR REVIEW AND APPROVAL OF B10. 179: FINAL PLANS, AND NEGATIVE DECLARATION : Hussein Berri, 1199 South State College Boulevard, Anaheim, CA 92806, request review and approval of final car wash plans for a previously-approved service station with a convenience market. Property is located at 1199 South State College Boulevard. ACTION TAKEN BY THE PLANNING COMMISSION: Approved final plans for CUP NO. 3915. Negative Declaration previously approved. Mayor Daly. He wanted to be sure staff was completely comfortable with the way the projects (under both B10. and B11.) were going to look. This item is a rebuild of an older station. He wants to make sure signage and all details have been dealt with according to staff’s preferences. Joel Fick , Planning Director. This property has been in front of the Council on a couple of occasions. There was a lot of focus on the billboard and car wash. The billboard was removed and is no longer on the site. The project now incorporates the prior approval by the Council. It is an enhancement to what the Council has seen before. The sign is a monument sign and it is in conformance with the original approval. CONDITIONAL USE PERMIT NO. 3957 - REQUEST FOR REVIEW AND APPROVAL OF B11. 179: FINAL PLANS, AND NEGATIVE DECLARATION : Crown Realty and Development, Attn: Fritz Howser, 20101 SW Birch Street, #260, Newport Beach, CA 92660. Request for review and approval of final elevation plans for the parking structure for a previously-approved planned “mixed-use” commercial center. Property is located at 2001-2221 East Katella Avenue and 1750 South State College Boulevard. ACTION TAKEN BY THE PLANNING COMMISSION: Approved final plans for CUP NO. 3957. Negative Declaration previously approved. Mayor Daly. There seemed to be some concern about the design and appearance of the parking structure as reflected in the minutes. He wants to be sure Planning staff is comfortable that all details are being provided by the developer. Joel Fick . Staff is comfortable with the design. Answering the Mayor, he stated it is possible that the automobiles may be visible because it has to be open for ventilation. There will be finishing on the building on all sides. END OF THE PLANNING COMMISSION ITEMS. ITEMS B12 – B13 FROM THE ZONING ADMINISTRATOR MEETING OF JANUARY 28, 1999 - DECISION DATE: FEBRUARY 4, 1999 INFORMATION ONLY - APPEAL PERIOD ENDS FEBRUARY 19, 1999: ADMINISTRATIVE ADJUSTMENT NO. 149 CEQA – EXEMPT {SECTION 15061 (b) (3)}: B12. 179: OWNER: Chin-Cheng Chang, 3602 E. Mandeville Place, Orange, CA 92867 AGENT: Charles Chang, 3999 E. La Palma Avenue, Anaheim , CA 92807 14 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 9, 1999 LOCATION: 3999 E. La Palma Avenue. Property is an irregularly shaped parcel of land consisting of approximately 3.19 acres located at the northwest corner of La Palma Avenue and Van Buren Street. Waiver of maximum floor area ratio and minimum number of parking spaces to permit an existing second story showroom/office within an industrial building. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Approved Administrative Adjustment No. 149( ZA DECISION NO. 99-01). ADMINISTRATIVE ADJUSTMENT NO. 150 B13. 179: CEQA – EXEMPT {SECTION 15061 (b) (3)}: OWNER: Chin-Cheng Chang, 3999 E. La Palma Avenue, Anaheim , CA 92807 AGENT: Donald W. Mueller, 31 Journey, Suite 100, Aliso Viejo , CA 92656 LOCATION: 4949 East La Palma Avenue: Property is approximately 3.1 acres having a frontage of approximately 317 feet on the north side of La Palma Avenue, having a maximum depth of approximately 430 feet and being located approximately 425 feet west of the centerline of Kellogg Drive. Waiver of maximum floor area ratio to construct a new 69,705 square foot industrial building. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Approved Administrative Adjustment No. 150 ( ZA DECISION NO. 99-02). END OF THE ZONING ADMINISTRATOR ITEMS. ORDINANCE FOR ADOPTION: B14. 179: ORDINANCE NO. 5667 (ADOPTION ) Adding new Subsection .215 to Section 18.21.050 of Chapter 18.21 of Title 18 of the Anaheim Municipal Code relating to zoning. (Outdoor storage of recreational vehicles) (Introduced at the meeting of January 26, 1999, Item B5, and discussed and continued from the meeting of February 2, 1999, Item B1 – Code Amendment 99-01). See Minutes of January 26, 1999, Item B5 ., when this item was originally discussed. (Also see item B2. that date – GPA 360, Reclassification 98-99-08, CUP 4084. The GPA and Reclassification were denied by the Planning Commission; the CUP was approved but contingent upon the approval of the code amendment being considered this evening.) Linda Denmark, 5813 Avenida Portola , Anaheim. The big question she keeps asking herself regarding the issue is why outdoor storage should be treated any different than indoor. The prior City Council acknowledged this problem and designed specific zoning regulations regarding indoor public storage. She asked why not do the same with outdoor storage as well. She understands this may be needed for this particular area and the residents are requesting it; however, changing the zoning code of this magnitude is not in the best interest of the City and citizens of Anaheim. Wade Perry, 5949 Avenida Arbol, Anaheim. He has never favored “spot zoning” but in this case it is necessary. The residents surrounding the site are for the changes. Such changes should be considered on a site-by-site basis and should take into consideration residents surrounding those sites. It is unnecessary to change the entire code for one site. Pete Tsachpinis , 156 Calle Diaz, Anaheim. Upon further review, he still feels the proposal is an unnecessary code amendment change. It will make it easier for a person to open an outdoor storage facility. They are basically ugly lots and tend to bring down property values. A code amendment will have an impact on future generations. He asked that they deny the code amendment change and keep Anaheim beautiful. 15 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 9, 1999 Council Member Kring referred to Memorandum dated February 4, 1999 from the Planning Director (Subject : Code Amendment No. 99-08 Scheduled for Council Consideration) She asked staff to brief the information contained therein. Joel Fick , Planning Director. He noted that they did provide updated supplemental information regarding the issue (see report of February 4, 1999 – made a part of the record) which noted that there were likely less than 10 sites, based on the site characteristics and development requirements specified in the ordinance, that would be candidates for a potential conditional use permit application which would be required in any case. The only parcels they feel fit within all the constraints are the easement areas and, as indicated, there are less than 10 theoretical sites that could actually apply for a CUP. Doing so would necessitate a Public Hearing and those within 300 feet would be notified. Mayor Daly. He believes there are other opportunities under other zoning ; Joel Fick. That is correct. There are commercial and industrial zones where an application could be filed for a CUP. Council Member Kring . She thought they were just talking about RS-A-43 ,000 zoned locations; Joel Fick. The ordinance before the Council tonight only affects RS-A-43 ,000. Council Member McCracken . She did some research on her own and found on the 10 possible sites, she believes there are only eight since three are adjacent to public parks and the Council would not approve those. The other five are in the same strip as the one under consideration. All are underneath utility lines and adjacent to a railroad track. There are a couple of homeowners who live on the other side of the property who are saying this is a better use for that kind of property than nurseries because they are having to deal with rodents and the like. At the same time in another part of the City, the Council received a letter asking them to prevent RV parking on the street and that the streets are cluttered because there are insufficient spaces in driveways, etc. To fit this condition, there are only five pieces of property not adjacent to City parks or schools and they would still have to apply for a Conditional Use Permit. Mayor Daly. Last week, he asked some questions about the rationale for the ordinance and he concedes that this particular amendment only creates five or ten opportunities to store recreational vehicles and other vehicles in agriculturally zoned properties typically in easement areas. He wanted to be clear about what Anaheim should be doing because he feels they should be proactively planning for uses along the easement areas planning for what would most benefit the community. In this case, RV storage might be a very cost-effective use. They also need to have enough context to know if such use is in the community’s interest. In this particular case, in this location on Euclid, he believes it is a good use and an improvement from what is on the site now. However, he feels it is a shame they have not looked more carefully at these easement areas for public uses such as bike trails or the like. He hopes they will continue to look at these properties for such uses because he feels they send the wrong message if they put all of these rights of way and easements into play for development purposes and they should be careful before doing so. He also feels they have to aim a bit higher in the flatlands since there are uses recommended in the flatlands that are not acceptable in the hills because of the scenic corridor overlay zone. Mayor Daly offered Ordinance No. 5667 for adoption. Refer to Ordinance book. ORDINANCE NO. 5667 : AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SUBSECTION .215 TO SECTION 18.21.050 OF CHAPTER 18.21 OF TITLE 18 OF THE ANAHEIM MUNICIPAL; CODE RELATED TO ZONING. ( OUTDOOR STORAGE OF RECREATIONAL VEHICLES) Roll Call Vote on Ordinance No. 5667 for adoption: 16 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 9, 1999 AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS : None ABSENT: MAYOR/COUNCIL MEMBERS : None The Mayor declared Ordinance No. 5667 duly passed and adopted. B15. 179: RESOLUTION NO. 99R- 29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 98R-112, nunc pro tunc. (Conditional Use Permit No. 4000 to correct Cond. No. 25) Mayor Daly offered Resolution No. 99R-29 for adoption. Refer to Resolution Book. RESOLUTION NO. 99R-29 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 98R-112, NUNC PRO TUNC (CONDITIONAL USE PERMIT NO. 4000 TO CORRECT COND. NO. 25) Roll Call Vote on Resolution No. 99R-29 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-29 duly passed and adopted. REPORT ON CLOSED SESSION ITEMS: C1. 112: City Attorney Jack White stated there were no Closed Session items to report. COUNCIL COMMENTS: C2. 114: Council Member Kring : She has received calls from people in west Anaheim relative to the timing of the traffic signal at Gilbert and Ball. Since there are many senior complexes in the area, the complaint is, crossing Gilbert , the light is so short it makes it difficult to cross the street because it turns red half way across. She would appreciate it if staff could check the timing. Mayor Daly : Last week (see minutes of February 2, 1999), he asked the City Manager to bring the th Council a recommendation on the absence of a sidewalk on 9 Street, south of Stoddard School. He has been provided a memo with a recommendation (see memorandum dated February 9, 1999 from the Department of Public Works). He asked the City Manager if he needed direction from the Council this evening or what the necessary steps are to accomplish the improvement. City Manager Ruth. Staff wants to meet with the property owner to see if they can get dedication. Awarding of a bid would have to be done within the next few months. If the Council concurs, staff can move forward and meet with the property owner to see if they can get voluntary dedication. He does not believe they need a formal action by the Council. If they need a budget adjustment, they will come back to the Council for approval. 17 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, FEBRUARY 9, 1999 ADJOURNMENT: By general Council consent, the City Council Meeting of February 9, 1999 was adjourned (6:55 P.M.). The next Council Meeting is scheduled for Tuesday, February 23, 1999. LEONORA N. SOHL CITY CLERK 18