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1999/07/20ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 20, 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 SR. ASST. CITY ATTORNEY: Christina Talley CITY CLERK: Leonora N. Sohl ASST. CITY CLERK: Ann Sauvageau DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson PLANNING D IRECTOR: Joel Fick ZONING DIVISION MANAGER: Greg Hastings TRAFFIC/TRANSPORTATION MANAGER: John Lower A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:00 p.m. on July 20, 1999 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall) containing all items as shown herein. Mayor Daly called the workshop portion of the Council Meeting of July 20, 1999 to order and welcomed those in attendance especially noting those members of the Orange County Transportation Authority ( OCTA) who were present along with consultants (Lisa Mills, John Stantaford, OCTA and Allistair Bailey, IBI Consultants). He also noted that Council Member Tait was on vacation this week and the reason for his absence. City Manager, James Ruth. This is a scheduled workshop for an update on proposed Centerline Urban Rail System. He deferred to John Lower, the City’s Traffic and Transportation Manager who will make the presentation. CENTERLINE URBAN RAIL SYSTEM (PUBLIC WORKS DEPARTMENT): John Lower, Traffic and Transportation Manager. This is the second workshop relating to the Centerline Urban Rail project proposed by the OCTA, the 28-mile, first segment of an 87-mile rail system for the County. The four areas to be covered are (1) review alternative alignments (of the system) in the City, (2) present staff recommended evaluation criteria, (3) give the milestone decision points which culminate in the December 7, 1999 locally preferred alternative resolution which will be coming to the Council for consideration, and (4) traffic impacts and potential mitigation. It is important to note that land use implications may redefine what is appropriate traffic impact mitigation. Relative to land use, although not addressed in the presentation, Station Area Land use Action Plans will be presented for Council consideration by resolution in mid-September. Staff has met with about 20 potentially affected property owners and developers for their input to that action plan. It is clear from that process that there is much interest in joint development opportunities. Mr. Lower then narrated a slide presentation, hard copies of which were subsequently submitted to the Council (and made a part of the record). He briefed/elaborated upon the following : Rail System Alternatives (Elevated Alternative, Street-Level Alternative 1, Street Level Alternative 2, ( as depicted in the graphic presented – staff is suggesting a combination of all three as a preferred alternative), ), Metrolink Commuter Rail and Optional Alignments, Centerline Evaluation Criteria (also noting a change in the criteria as outlined in his June 29 memo to the Council, “.and residential communities along the Centerline alignment”), Centerline Milestones (discussion of Traffic Impacts and Mitigation, Chamber of Commerce Television Interview and Anaheim Magazine Article, Station Area Land Use Action Plans, etc.,) leading to proposed adoption of a City Council Resolution on the Locally Preferred Alternative on December 7, 1999 after which the OCTA Board will make their decision whether to proceed with the project or not. He briefed Issues and ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 20, 1999 Potential Mitigation (of each issue) relative to alignments of the system through the following areas : North City Limits to the Civic Center, (also showed typical mid-block cross-section on Anaheim Boulevard, etc.), Civic Center to Cerritos Avenue, Resort Area, Cerritos Avenue to South City Limits, and Cerritos Avenue to the South City Limits. He also addressed system-wide traffic issues. Mr. Lower concluded his presentation with a slide – Which is Best? – (noting first, that although not indicated, there is the no-build alternative), the Fully Elevated Alternative ( FEA), Street Level Alternatives 1 and 2, and the Enhanced Bus Alternative. To assist in coming to an answer, he also presented Construction Cost Comparisons noting first that the I-5 freeway widening through Anaheim (10 miles) is costing $1.10 billion dollars – Centerline Urban Rail Alternative costs – FEA (28 Miles), $1.86 billion; SLA 1 (27 miles), $1.28 billion, SLA 2 (28 miles), $1.50 billion, Enhanced Bus, $322 million. (Mayor Daly requested copies of the slide presentation for the Council). Mayor Daly. They have heard a summary of where the project stands and some of the questions that remain regarding station locations and alignments and some of the traffic and pedestrian issues. It is important to note that a number of the questions that existed months ago have either been solved or are on their way to resolution including the important question of how to bring the lines as close as possible to the Convention Center and Disneyland without impacting traffic at Harbor and Katella . It appears staff, working with OCTA, has found a solution and they will probably hear more about that. Council questions followed which were answered by Mr. Lower at the conclusion of which, Mayor Daly thanked staff for the informative presentation and thanked the OCTA representatives and consultants for being present at the workshop today. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there were no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no pu blic comments relative to Closed Session items. The following items are to be considered at the Closed Session. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 1. 54956.9(a) - Existing Litigation: Name of case: 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 PURSUANT TO GOVERNMENT CODE SECTION 2. 54956.9(a) – Existing Litigation: Name of case: Vista Royale Homeowners Assoc. vs. 396 Investment Co. fka The Fieldstone Company, Orange County Superior Court Case No. 77-30-74, (and related cases). PUBLIC EMPLOYEE PERFORMANCE EVALUATION: 3. Title: City Manager. CONFERENCE WITH LABOR NEGOTIATOR: 4. Agency Designated Representative: Dave Hill Employee organization : AFA Labor Negotiations, IBEW, Local 47. 2 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 20, 1999 PUBLIC EMPLOYEE APPOINTMENT: 5. City Clerk recruitment. RECESS: Mayor Daly moved to recess into Closed Session. Council Member McCracken seconded the motion. MOTION CARRIED. (4:00 p.m.) AFTER RECESS: Mayor Daly called the regular Council meeting of July 20, 1999 to order at 5:35 p.m. and welcomed those in attendance. INVOCATION: Pastor Steve Isenman, from the West Anaheim United Methodist Church gave the invocation. FLAG SALUTE: Mayor Tom Daly led the assembly in the Pledge of Allegiance to the Flag. PRESENTATION – PAUL R. WILLIAMS – SERVICE ON THE CITY PLANNING COMMISSION: 119: Recognizing Paul R. Williams for his service on the Planning Commission. Mayor Daly and Council Members, on behalf of the City and citizens, extended their appreciation to Mr. Williams for his four years of dedicated service as a Commissioner on the City’s Planning Commission. He was presented with a Flying “A” Certificate noting his distinguished service; Mr. Williams thanked the Council for the recognition and for the opportunity of serving on the Commission. He explained that, unfortunately, his current schedule did not allow him to continue his service. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,558,387.38 for the period ending July 20, 1999, in accordance with the 1999-2000 Budget, were approved. ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Margaret Patino , 1243 W. Laster , Anaheim. She first submitted a folder which contained a petition (Residents in Favor of a Sound Wall Along the Edison Corridor) and photographs and then read a letter into the record (which she subsequently submitted) relating to the material contained in the folder and the subject of her request and that of her neighbors. The letter explained that she is acting as spokesperson for the residents whose homes are located on the north side of Laster Ave. and south of the Jeffrey- Lynne area. Their main concern is the corridor that separates their neighborhood from Jeffrey-Lynne, the Edison Corridor, which allows noise to pass freely from that area to their area. The request in the letter stated, “We would like your support in building an 8 to 10 foot sound wall where residential and Edison property lines meet. A sound wall is needed since most of our properties facing Laster have the original 5 foot high fences running along the back of our homes.” The letter elaborated on the concerns (see listing attached to the letter – (1) loud amplified music, (2) children/young adults in the corridor, (3 ) screeching vehicles). She also referred to a letter she and her husband had previosly submitted dated June 26, 1999 also elaborating on the issue. She further explained that she has spoken to City departments about the matter. The residents would like the Council to consider their request and whatever they can do to assist would be appreciated. She understands that the Edison Corridor is not an issue that is going to be addressed in the Jeffrey-Lynne Revitalization Plan. 3 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 20, 1999 Mayor Daly. They will ask the City Manager to investigate the feasibility and the cost involved relative to the request and to give his perspective, advice and recommendations. * * * * * * * * * * * * * * * * * * * * Phyllis Mueller, employee and Member of the Anaheim Beautiful Board. Their organization has been active in Anaheim for the past 20 year, their objective being, to make Anaheim a more beautiful place to live. Among their projects is graffiti removal. Their organization was in contact with former State Assemblyman, Jim Morrissey’s office where they were able to obtain a grant of $85,000 from Assemblyman Morrissey. They subsequently raised about $13,000 through various fund-raising efforts enabling between the grant and the latter funds the purchase of a state-of-the art graffiti removal van which is parked outside the Council Chamber. The van contains a unit which matches the paint on the wall which has been defaced by graffiti so that the wall paint is uniform instead of erratic. They are present tonight to present the van to the City as a gift, but the City has to maintain it. They are happy to have the partnership between a private non-profit organization and the City. Mayor Daly thanked Ms. Mueller for calling their attention to the donation of the van. Hopefully, there will be an opportunity after the meeting or in the next few days to tour the van. He believes there was a demonstration in the past of the van’s apparatus and its capabilities. He again expressed thanks for calling attention to it and to all Anaheim Beautiful Members for pressing for the funds and to former Assemblyman, Jim Morrissey. As a resident of the City, it is one of his (Morrissey’s) legacies. He also recognized John Poole, the City’s Code Enforcement Manager who has been at the center of the project. * * * * * * * * * * * * * * * * * * * * * Linda Lee Grau , 24 Morning Dove, Irvine. She reiterated her recurring theme of urging the Council to allow Savas Roditis to serve the City with his taxi cabs. * * * * * * * * * * * * * * * * * * * * George McLaren , 323 S. Indiana Street, Anaheim. Thanked the Council for installing the guard railing in the Council Chamber (left of the dais) eliminating the possibility of tripping over the “blind” step. * * * * * * * * * * * * * * * * * * * Ray Torres, 5789 Avenida LaVida , Anaheim. He answered the concern expressed (by Ms. Grau). The Council has done well in directing staff to look at the whole issue and come back with a recommendation. PUBLIC COMMENTS: There were no public comments relative to Closed Session. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of July 20, 1999. Council Member McCracken seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 – A17: On motion by Mayor Daly, seconded by Council Member McCracken , the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Mayor Daly offered Resolutions Nos. 99R-159 and 99R-161 , both inclusive, for 4 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 20, 1999 adoption. Mayor Daly offered Ordinance Nos. 5693 and 5692 for adoption. Refer to Resolution/Ordinance Book. A1. 118: Rejecting and denying certain claims filed against the City. Referred to Risk Management. The following claims were filed ag ainst the City and actions taken as recommended: a. Claim submitted by Cheryl Lynn Ott for property damage sustained purportedly due to actions of the City on or about March 11, 1999. b. Claim submitted by Dennis James Lupresto, c/o William F. Garman, Esq. for bodily injury sustained purportedly due to actions of the City on or about September 8, 1998. c. Claim submitted by Robin L. Millot for property damage sustained purportedly due to actions of the City on or about May 25, 1999. d. Claim submitted by Jose Gonzalez for property damage sustained purportedly due to actions of the City on or about May 21, 1999. e. Claim submitted by Muljati Partono for property damage sustained purportedly due to actions of the City on or about May 24, 1999 f. Claim submitted by Melissa Anne Waller for property damage sustained purportedly due to actions of the City on or about June 14, 1999. A2. 105: Receiving and filing minutes o f the Anaheim Public Library Board meeting held June 2, 1999. 105: Receiving and filing minutes of the Anaheim Redevelopment and Housing Commission meetings held April 7, 1999, April 12, 1999 and April 21, 1999. 105: Receiving and filing minutes of t he Public Utilities Board meeting held May 6, 1999. A3. 175: Awarding a contract to the lowest responsible bidder, Lambco Engineering, Inc, in the amount of $1,830,441.50 for the Underground District No. 34 – Brookhurst Street/Crescent Avenue 12kV Electric Streetlights and Landscaping ; 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. 106: Adopting a seven-year Capital Improvement Program for Measure M Funding Eligibility Requirements. (Public Works) A5. 123: Approving a Cooperative Agreement with the City of Garden Grove for installation, operation and maintenance of a new traffic signal on Harbor Boulevard, north of Chapman Avenue. A6. 158: RESOLUTION NO. 99R-159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying certain real properties, or interests therein to the City. A7. 160: Accep ting the bid of SCS Flooring Systems, in the amount of $40,863.90 for the removal of existing and installation of new carpeting for the Police Sub-Station in East Anaheim, in accordance with the Bid #5965. 5 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 20, 1999 A8. 160: Accepting the bid of National Airmotive Corporation, in the amount not-to-exceed $86,689.20, for the overhaul of a turbine engine for Police Helicopter N11082, in accordance with Bid #5954. A9. 160: Accepting the bid of Trend Offset Printing, in the amount not-to-exceed $109,174.80, for printing four (4) issues of the Anaheim Magazine, in accordance with Bid #5963. A10. 161: RESOLUTION NO. 99R-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the Job Training Partnership Act Title III Master Subgrant Agreement with the State of California; and authorizing the City Manger to execute the Master Subgrant Agreement. A11. 161: Approving the recommendations from the Anaheim Private Industry Council ( PIC) for the renewal of JTPA training agencies and funding allocations for Fiscal Year 1999/2000; and authorizing the JTP Manger to execute the necessary subcontract agreements and/or amendments. A12. 130: ORDINANCE NO. 5693 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM consenting to the Transfer of a Franchise for Cable Television. (Introduced at the meeting of July 13, 1999, Item D1.) A13. 123: Approving a license agreement with Southern California Edison for the use of a right of way for the 96-strand fiber-optic backbone loop located at Barre-Villa Park; and authorizing the Public Utilities General Manager to execute the license Agreement. A14. 126: ORDINANCE NO. 5692 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding a new Section 1.04.998 to Chapter 1.04 of Title 1 of the Anaheim Municipal Code establishing the Anaheim Resort Maintenance District Advisory Board (Introduced at the meeting of July 13, 1999, Item A26). A15. 107: Authorizing the Code Enforcement Division to accept a donation of a specially equipped mobile paint lab vehicle from Anaheim Beautiful. A16 158/123: RESOLUTION NO. 99R- 161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (1) approving the Amendment of Use Restriction in connection with the Grant Deed recorded December 30, 1997 conveying certain real property to Ogden Entertainment, Inc., to permit certain categories of uses in addition to the audience participation dinner theater and restaurant at Tinseltown Studios and to authorize the City Manager or his designee to approve spedific uses; and authorizing the City Manager to execute the necessary documents. (2) Approving a letter agreement with Ogden approving specific uses. A17. 114: Approving minutes of the Anaheim City Council meeting held June 15, 1999, and the Special Meeting held June 15, 1999. Roll Call Vote on Resolution Nos. 99R-159 and 99R-161, for adoption: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 99R-159 and 99R-161, duly passed and adopted. Roll Call Vote on Ordinance Nos. 5692 and 5693 for adoption: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly 6 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 20, 1999 NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: N one The Mayor declared Ordinance Nos. 5692 and 5693 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. BOARDS/COMMISSIONS – APPOINTMENT/REAPPOINTMENT TO TERMS EXPIRING A18. 105: JUNE 30, 1999 : (Continued from the meeting of June 22, 1999, A32.) COMMUNITY SERVICES BOARD FOR NEW TERMS EXPIRING JUNE 30, 2003 ( : Cason, Hibbard, ) Solari INVESTMENT ADVISORY COMMISSION FOR NEW TERMS EXPIRING JUNE 30, 2003 : ( Hitchman, Keaney) LIBRARY BOARD FOR NEW TERMS EXPIRING JUNE 30, 2003: ( Tafolla) MOTHER COLONY HOUSE FOR NEW TERMS EXPIRING JUNE 30, 2002 : (Harvey, MacLaren, Renner) PLANNING COMMISSION FOR NEW TERMS EXPIRING JUNE 30, 2003 : (Bristol, Vanderbilt) PUBLIC UTILITIES BOARD FOR NEW TERMS EXPIRING JUNE 30, 2003 : ( Lem, Schweitzer) REDEVELOPMENT AND HOUSING COMMISSION FOR NEW TERMS EXPIRING JUNE 30, 2003: ( Proussalis, Romero) SENIOR CITIZENS COMMISSION FOR NEW TERMS EXPIRING JUNE 30, 2002: ( Jurado, Maclaren) Council Member Kring . She would like to postpone the subject appointments/ reappointments for one week for full Council action. Also, having received the agenda material on Friday, she did not have an opportunity to contact anyone. Mayor Daly. In the interest of moving forward on some of the more routine appointments, he is suggesting that they act on the Investment Advisory Commission, Library Board and Mother Colony House. In each case, the current members wish to continue serving and there is a good case to be made for their continuing service; Council Member Kring. She would like to continue the Mother Colony House appointments. MOTION. Mayor Daly. He suggested, then, that they move forward with the remaining of the three. He thereupon moved to continue all appointments/ reappointments to the City’s Boards and Commissions for one week for full Council action with the exception of the Investment Advisory Comission and the Library Board. Council Member McCracken seconded the motion. Council Member Tait was absent. MOTION CARRIED. Mayor Daly nominated all three of the citizens now serving – Bruce Hitchman and Tom Keaney on the Investment Advisory Commission and Patricia Tafolla on the Library Board. (There were no additional nominations.) MOTION. On motion by Mayor Daly seconded by Council Member McCracken, nominations were closed. Council Member Tait was absent. MOTION CARRIED. MOTION. On motion by Mayor Daly seconded by Council Member Kring, Bruch Hitchman and Tom Keaney were reappointed to the Investment Advisory Commission for the term ending June 30, 2003 and 7 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 20, 1999 Patricia Tafolla was reappointed to the Library Board for the term ending June 30, 2003. Council Member Tait was absent. MOTION CARRIED. ITEMS B1 FROM THE ZONING ADMINISTRATOR MEETING OF JULY 1, 1999 - DECISION DATE: JULY 8, 1999 INFORMATION ONLY - APPEAL PERIOD ENDS JULY 23, 1999: VARIANCE NO. 4351 AND NEGATIVE DECLARATION: B1. 179: OWNER: The Schwab Foundation/ Ardath Schwab, 5000 East Bonanza Raod, Las Vegas, NV 89110 AGENT: Jeff Jonsson, 6 Morgan, #100, Irvine, CA 92610 LOCATION: 3361-3369 E. Miraloma Avenue. Property is 0.83 acres having a frontage of 165 feet on the north side of Miraloma Avenue, and a maximum depth of 221 feet and is located 160 feet west of the centerline of Miller Street. Waiver of minimum number of parking spaces (48 required; 31 proposed) to retain 8,742 square feet of office space within an existing 20,395 industrial complex. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4351 APPROVED. REQUEST FOR REHEARING: B2. WAIVER OF CODE REQUIREMENT 179: CONDITIONAL USE PERMIT NO. 4099, AND NEGATIVE DECLARATION: OWNER: Dong Hee Kang and Bu Sun Kang, 559 South Olive Street, Anaheim, CA 92805 AGENT: Mr. Jae J. Chung, 10042 Lampson Avenue, Garden Grove, CA 92840 LOCATION: 559 South Olive Street. Parcel 1 - is a rectangularly-shaped parcel of land consisting of 0.23 acre located at the northwest corner of Water Street and Olive Street, with frontages of 140 feet on the north side of Water Street and 70 feet on the west side of Olive Street. 313 East Water Street. Parcel 2 - is a rectangularly -shaped parcel of land consisting of 0.12 acre with a frontage of 48 feet on the north side of Water Street, and a maximum depth of 114 feet, located 175 feet west of the centerline of Olive Street. To permit a convenience/liquor store with a coin-operated laundry facility with waiver of (a) minimum setback abutting a collector street, and (b) required site screening adjacent to a residential zone boundary. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4099 GRANTED, IN PART ( PC99-56) (5 yes votes, 1 no vote, and 1 absent). Waiver of code requirement APPROVED, IN PART, approving waiver (a) in-part, and approving waiver (b). Approved Negative Declaration. Informational item at the meeting of April 6, 1999, Item B13. Review of the Planning Commission’s decision requested by Mayor Daly and Council Member McCracken. Public hearing continued from the meetings of May 18, 1999, Item D1, and June 15, 1999, Item D1. At the meeting of June 22, 1999, Item D1 the Anaheim City Council Granted CUP 4099 (99R- 143) Request for rehearing submitted by the Agent Jae J. Chung. City Clerk Sohl . The applicant wishes the Council to consider changes in conditions imposed at the Council Meeting of June 22, 1999 (see minutes that date) under Resolution 99R-143. 8 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 20, 1999 Mayor Daly. His feeling is that the Council spent enough time on the issue (see minutes of May 18, June 15 and June 22, 1999). Council Member Kring . She feels uncomfortable handling this today since Council Member Tait is absent. She supported the CUP on June 22, but would support a rehearing. Mayor Daly. The options are to continue the item, approve the request, or deny the request. He reiterated they have spent considerable time on the issue already. Additional Council discussion followed wherein Council Member Kring stated she would like a continuance of one week to consider the rehearing; Council Member McCracken stated she does not support a rehearing. Mayor Daly expressed the same since he felt a compromise had been reached on the issue. MOTION. Council Member Kring moved to support the request for a rehearing. The motion died for lack of a second. MOTION. Mayor Daly moved to deny the request for a rehearing. Council Member McCracken seconded the motion. MOTION CARRIED by the following vote: Ayes – McCracken, Daly. No - Kring . Abstained – Feldhaus. Absent – Tait. Mayor Daly announced that since a request for continuance was received on Public Hearing Item D4., the Council would consider that item first. ENVIRONMENTAL IMPACT REPORT NO. 280 ( PREV. CERTIFIED) D4. 179/1 55: THE PACIFICENTER SPECIFIC PLAN NO. 88-3 (AMENDMENT NO. 3) AND FINAL SITE PLAN CONDITIONAL USE PERMIT NO. 4119 TENTATIVE PARCEL MAP NO. 99-129 REQUEST FOR CITY COUNCIL REVIEW OF 10c and 10d: OWNER: Catellus Development, SF Pacific Properties, Inc. 800 N. Alameda, #100, Los Angeles, CA 90012 AGENT: Fancher Development, 1342 Bell Avenue, #3K, Tustin, CA 92780 Planning Co. Associates, Inc., 550 N. Brand Blvd., #530, Glendale, CA 91203 LOCATION: 3610-3720 East La Palma Avenue and 1001-1091 North Tustin Avenue - The Pacificenter Specific Plan No. 88-3. Property is 25.71 acres located at the southwest corner of La Palma Avenue and Tustin Avenue. Specific Plan No. 88-3, Amendment No. 3 and Final Site Plan - Request approval of Amendment No. 3 of the Pacificenter Specific Plan ( SP88-3) (amending Exhibit Nos. 4 and 6, consolidation of Development Areas, amending Development Standards, including, but not limited to required parking, landscaping, setbacks, etc., listed permitted and conditionally permitted uses, and the Sign Program Appendix) and a Final Site Plan in order to create a single, unified Development Area for the development of a mixed-use commercial center within the Specific Plan, including the development of retail, office, hotel and other supporting uses. Conditional Use Permit No. 4119 - To permit a drive-through fast food restaurant. Tentative Parcel Map No. 99-129 - To permit a 5-lot commercial subdivision within the existing mixed-use commercial center (to create a total of 11 parcels within the boundaries of the Pacificenter Specific Plan ( SP88-3) Zone). ACTION TAKEN BY THE PLANNING COMMISSION: Recommended approval to City Council of the Pacificenter Specific Plan No. 88-3 (AMENDMENT NO. 3) and Final Site Plan ( PC99-102) (5 yes votes, 2 absent). GRANTED CUP NO. 4119 ( PC99-103). 9 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 20, 1999 Approved Tentative Parcel Map No. 99-129. EIR NO. 280 previously certified. Approved request for City Council review Informational item from the meeting of June 22, 1999, Item B7. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News: July 8, 1999 Mailing to property owners within 300 feet: July 6, 1999 Posting of property: July 9, 1999 Mayor Daly noted they received a request from the applicant for continuance of the Public Hearing to July 27, 1999 in a letter dated July 12, 1999 signed by W. Roderick Hamilton, Catellus Development. He asked if anyone was present on this matter. A gentleman from the audience stated he was present, not from Catellus, but from Tricon Restaurants/Taco Bell. Greg Hastings, Zoning Division Manager explained that the applicant is working with Redevelopment on some fine tuning of an agreement that is involved and all parties are in agreement. MOTION. Mayor Daly moved to continue the Public Hearing for one week. Council Member McCracken seconded the motion. Council Member Tait was absent. MOTION CARRIED. PUBLIC HEARING - GENERAL PLAN AMENDMENT ( GPA) NO. 363-A, B C, D & E AND D1. 134: NEGATIVE DECLARATION: INITIATED BY: City of Anaheim (Planning Department), 200 S. Anaheim Blvd., Anaheim, CA 92805 GPA 363-A: A City initiated amendment to the Land Use Element of the General Plan redesignating this area from the Commercial Professional land use designation to the Low Density Residential land use designation. Location: Property has a frontage of approximately 535 feet on the east side of Euclid Street, located between Crone Avenue to the north and extending 140 feet south of the centerline of Beacon Avenue, also extending approximately 100 feet east of the centerline Euclid Street (.61 acre). GPA 363-B: A City initiated amendment to the Land Use Element of the General Plan redesignating this area from the Medium Density Residential land use designation to the Low Location: Density Residential land use designation. Property is located on the east side of Hampstead Street between Beacon Avenue to the north and Ball Road to the south, extending approximately 140 feet east of the centerline of Hampstead Street, and property located on the south side of Beacon Avenue between Walnut Street to the east and Hampstead Street to the west, extending approximately 157 feet south of the centerline of Beacon Avenue (4.88 acres). GPA 363-C: A City initiated amendment to the Land Use Element of the General Plan redesignating this area from the General Commercial land use designation to the Low Density Residential land use designation. Location: Property extends approximately 357 feet west of the centerline of Iris Street between the public alley located south of Ball Road to the north and Hill Avenue to the south (1.38 acres). GPA 363-D: A City initiated amendment to the Land Use Element of the General Plan redesignating this area from the Medium Density Residential land use designation to the Low Location: Density Residential land use designation. Property extends approximately 640 feet south of the centerline of Orangewood Avenue, east of Dana Street and west of Oertley Drive (1.89 acres). 10 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 20, 1999 GPA 363-E: A City initiated amendment to the Land Use Element of the General Plan redesignating this area from the Low-Medium Density Residential land use designation to the Low Density Residential land use designation. Location: Property is located on the north side of Bluebell Place, at the terminus of Vern Street (.75 acre). ACTION TAKEN BY THE PLANNING COMMISSION: Recommended approval of Exhibit A for GPA 363, A, B, C, D & E ( PC99-97) (5 yes votes, 2 absent). Approved Negative Declaration. Informational item from the meeting of June 22, 1999, Item B2. Set for Public Hearing due to General Plan Amendment. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News: July 8, 1999 Mailing to property owners within 300 feet: July 6, 1999 Posting of property: July 9, 1999 Greg Hastings, Zoning Division Manager briefed the staff report to the Planning Commission dated June 7, 1999 which outlined the City-initiated request resulting from the Anaheim Resort Neighborhood Action Plan which was developed in conjunction with the Community Planning Program that was reviewed by the Council earlier this year. Joel Fick , Planning Director. This and the following two Public Hearings are part of the overall program to preserve and protect single-family residential neighborhoods and does bring the General Plan into consistency with the existing land use and zone. Mayor Daly opened the Public Hearing and asked to hear from anyone who wished to speak on the issue. No one wished to speak. The Public Hearing was closed. ENVIRONMENTAL IMPACT REPORT – NEGATIVE DECLARATION : On motion by Mayor Daly, seconded by Council Member Kring, the City Council approved the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect of the environment. MOTION CARRIED. Mayor Daly offered Resolution No. 99R-162 for adoption. Refer to Resolution Book. RESOLUTION NO. 99R-162 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 363. Roll Call Vote on Resolution No. 99R-162 for adoption: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: Tait The Mayor declared Resolution No. 99R-162 duly passed and adopted. Later in the meeting (after the Public Hearing on Item D2.) Mayor Daly noted that three people entered the Council Chamber, perhaps having interest in one of the Public Hearings. He noted they arrived 11 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 20, 1999 shortly after 6:00 p.m. and tonight, Public Hearings were able to start at exactly 6:00 p.m. Those who arrived indicated they were interested in GPA363 – B (re: Hampstead Street) and if it had been approved. The Mayor explained that the item had already been approved and that Planning staff would be happy to assist in advising them of the details of the rezoning action. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 365, AND NEGATIVE D2. 134: DECLARATION: INITIATED BY: City of Anaheim (Planning Department), 200 S. Anaheim Blvd., Anaheim, CA 92805 LOCATION: Property is 2.53 acres, located on the north side of Rowland Avenue, extending 603 feet east of the centerline of Magnolia Avenue. A City-initiated amendment to the Land Use Element of the General Plan redesignating this area from the General Commercial land use designation to the Low Density Residential land use designation. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended approval of Exhibit A for GPA 365 ( PC99-98) (5 yes votes, 2 absent). Approved Negative Declaration. Informational item from the meeting of June 22, 1999, Item B3 Set for Public Hearing due to GPA. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News: July 8, 1999 Mailing to property owners within 300 feet: July 6, 1999 Posting of property: July 9, 1999 Greg Hastings, Zoning Division Manager briefed the staff report to the Planning Commission dated June 7, 1999 which outlined the request also a result of the Community Planning effort noting it was similar to the last request. This is for west Anaheim and is proposed to preserve the single-family environment of the neighborhood. Mayor Daly opened the Public Hearing and asked if anyone wished to speak; there being no response, he closed the Public Hearing. ENVIRONMENTAL IMPACT REPORT – NEGATIVE DECLARATION : On motion by Mayor Daly, seconded by Council Member McCracken, the City Council approved the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect of the environment. MOTION CARRIED. Mayor Daly offered Resolution No. 99R-163 for adoption. Refer to Resolution Book. RESOLUTION NO. 99R-163 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 365. Roll Call Vote on Resolution No. 99R-163 for adoption: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: Tait The Mayor declared Resolution No. 99R-163 duly passed and adopted. 12 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 20, 1999 PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 366, AND NEGATIVE D3. 134: DECLARATION: INITIATED BY: City of Anaheim (Planning Department), 200 S. Anaheim Blvd., Anaheim, CA 92805 LOCATION: Property is 2.15 acres, located on the east side of East Gates Street, extending 988 feet south of the centerline of Ball Road. A City-initiated amendment to the Land Use Element of the General Plan redesignating this area from the Low-Medium Density Residential land use designation to the Low Density Residential land use designation ACTION TAKEN BY THE PLANNING COMMISSION: Recommended approval of Exhibit A for GPA 365 ( PC99-99) (5 yes votes, 2 absent). Approved Negative Declaration. Informational item from the meeting of June 22, 1999, Item B4. Set for Public Hearing due to GPA. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News: July 8, 1999 Mailing to property owners within 300 feet: July 6, 1999 Posting of property: July 9, 1999 Greg Hastings, Zoning Division Manager briefed the staff report to the Planning Commission dated June 7, 1999 which outlined the request and that it was being brought forth as a result of the Community Planning effort. This is also part of the west Anaheim action plan. Mayor Daly opened the Public Hearing and asked to hear from anyone who wished to speak; there being no response, he closed the Public Hearing. ENVIRONMENTAL IMPACT REPORT – NEGATIVE DECLARATION : On motion by Mayor Daly, seconded by Council Member McCracken, the City Council approved the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect of the environment. MOTION CARRIED. Mayor Daly offered Resolution No. 99R-164 for adoption. Refer to Resolution Book. RESOLUTION NO. 99R-164 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 366. Roll Call Vote on Resolution No. 99R-164 for adoption: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: Tait The Mayor declared Resolution No. 99R-164 duly passed and adopted. COUNCIL COMMENTS: 13 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 20, 1999 Council Member McCracken: She reported that on Wednesday, July 21, 1999 at the meeting of the Orange County Sanitation District there will be a hearing on Connection Fees at 7:00 P.M. and another at 8:00 P.M. on the Ground Water Reclamation Project. Council Member Kring: She asked staff to look at traffic monitoring at Orangewood and Loara. Presently it is a three-way stop and at times, people do not see the stop sign. The neighbors are very concerned about the possibility of an accident. She would like staff to look into the situation. ADJOURNMENT: By general Council consent, the Council Meeting of July 20, 1999 was adjourned (6:15 p.m.). LEONORA N. SOHL CITY CLERK 14