Loading...
1999/11/16ANAHEIM, CALIFORNIA- CITY COUNCIL MINUTES, NOVEMBER 16, 1999 The City Council of the City of Anaheim met in regular session. PRESENT: PRESENT: ABSENT: PRESENT: MAYOR: Tom Daly COUNCIL MEMBERS: Frank Feldhaus, Lucille Kring, Tom Tait COUNCIL MEMBERS: Shirley McCracken CITY MANAGER: Jim Ruth CITY ATTORNEY: Jack White CITY CLERK: Sheryll Schroeder ASST. CITY CLERK: Ann Sauvageau ASST. CITY MANAGER: Tom Wood PUBLIC UTILITIES GENERAL MANAGER: Ed Aghjayan EXEC. DIR. COMM. DEVELOPMENT: Lisa Stipkovich DIRECTOR OF COMM. SERVICES: Chris Jarvi PLANNING DIRECTOR: Joel Fick TRAFFIC/TRANSPORTATION MANAGER: John Lower ZONING ADMINISTRATOR: Annika Santalahti TRANSPORTATION PROGRAMS PLANNER: Diana Kotler PARK PLANNER: Dick Mayer A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:12 p.m. on November 15, 1999 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall) containing all items as shown herein. Council Member Tait called the workshop portion of the meeting of November 16, 1999 to order and welcomed those in attendance. (3:20 p.m.). City Manager, James Ruth. This is the designated time for the two workshops to be held today, the first on the I-5 Surplus Land Reuse Recommendations. Tom Wood, Assistant City Manager has been working with Community Development staff on this project and will introduce the subject. I-5 SURPLUS LAND REUSE RECOMMENDATIONS: Tom Wood, Assistant City Manager- Development. He gave an overview of the subject outlining the activities that have occurred thus far starting in February, 1998 when Anaheim staff met with the Orange County Transportation Authority (OCTA) to discuss surplus parcels created by the I-5 widening project through the City. The purpose today is to present for Council review the maps that have been prepared showing the various recommendations for surplus land reuse. Five Segments are involved - A through E - starting from the south and working north. He noted that unless there are comments by the Council to the contrary, the proposed recommendations will be forwarded to OCTA staff for discussion. Rob Zur Schmiede, Redevelopment and Property Services Manager made the presentation supplemented by Power Point slides, hard copies of which were submitted to the Council. He went through each Segment, A - E, explaining the recommendations for each (all parcels bordering the I-5 Freeway between south and north City limits - OCTA, City and State-owned parcels ). The maps (and slides) showed the recommendations proposed which included the following (one or more of the recommendations made for each Segment broken down into Sections for each Segment): option to Anaheim for either open space, public use, related development or Redevelopment purposes; rezone residential; assemble remnant parcels with adjacent parcel(s) subject to City review of development and/or landscaping plans, etc. The maps also showed (in the applicable Segments/Sections) actions already taken by OCTA on certain parcels without City consultation (sale, etc.) and also those parcels that are to be landscaped by OCTA subject to City approval and then conveyed to the City. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, NOVEMBER 16, 1999 During and after the presentation, questions were posed by Council Members for purposes of clarification relative to the recommendation(s) for specific parcels, landscaping issues, future status of OX Road (which staff was asked to monitor), etc., which were answered by both Mr. Zur Schmiede and Wood. Mr. Wood asked that the Council review the recommendations further and if they have any input to let staff know. Subsequently, staff will go forward with OCTA to pursue the strategy presented. Mayor Daly thanked staff for the informative and detailed presentation. City Manager Ruth. At the Council Meeting of October 26, 1999 (see minutes that date), a workshop was held on the Ross Park Master Plan at the conclusion of which the Council asked staff to look at alternatives to the proposed park plan, specifically the possibility of adding an additional field for soccer. Today, staff will discuss the options. He deferred to Chris Jarvi. ROSS PARK DEVELOPMENT: Chris Jarvi, Director of Community Services. He first gave an overview of the site, once again working from the four diagrams displayed in front of the dais, noting that the original design was a full neighborhood park. After the initial presentation (on 10/26/99), the Council requested additional alternatives with an added sportsfield. The estimate for the site was $1,775,000; the department has a budget (for the site) of approximately $1.6 million making it approximately $175,000 over budget for even the original master plan/configuration and would look to make up the difference by value engineering, phasing, or by getting a favorable bid. He referred to data presented to the Council which, beside the original proposed Master Plan cost, also listed Alternative A which would provide for two fields for soccer and one field for softball at a cost of $2,294,378, the major cost differences from the proposed Master Plan being the sportsfield lighting, added parking, increased fencing and grading (costs broken down and listed). He also noted that under this alternative, they were going to be forced to construct a 30' wall between the Home Oil property and the park site required through the EIR process. A second alternative, Alternative B, would provide two multipurpose sports fields at a cost of $2,780,390, the major cost differences being sportsfield lighting, Hessel streetwork, added parking, increased fencing, added baseball infield, hardscape and grading. Acquisition cost of the Home Oil property which would be necessary under Alternative B was listed at $1 million dollars + with the cost for relocation and equipment unknown at this time. He briefed each alternative working from the displayed site plans. During and after Mr. Jarvi's presentation, questions were posed by Council Members relative to costs for grading, the wall that would have to be constructed (to mitigate the impact of any possible blasts from the Home Oil site), phasing of the project if the Council chooses Alternative B, remediation of the Home Oil property site, etc., answered by both Mr. Jarvi and Dick Mayer, Park Planner. Further Council discussion and questioning followed at the conclusion of which, Mayor Daly stated it appears there are a number of reasons that Alternative A could work. It is a modification of the original plan adding the soccer fields. It has all the features of the original plan and still allows for expansion if the Home Oil property becomes available. Council Member Tait. Relative to the budget, he would be open to phasing of the lights at a later time rather than holding up the development of the park. He would also favor concept A just to get the extra soccer field he would like to see. Council Member Feldhaus stated he favors concept B because he feels there is a shortage of ball fields in the City even now. Alternative B would provide at least two ballfields for tournaments which would help pay for the maintenance. He again broached the issue of having the City host the Senior Softball Tournament as he has done for several years in the past. The tournament would bring about 1,500 to ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, NOVEMBER 16, 1999 2,000 people to the City but there are not enough softball fields in close proximity to one another to do SO. Council Member Kring. She favors Alternative A since it meets everybody's needs. She would also like to see a skateboard park which was mentioned as a possibility by Mr. Jarvi for a portion of the property. Mayor Daly. He feels what would be of help to the Council in making a determination on how many softball and soccer fields the park should have, is a summary of where all the City's softball fields are located, who the users are and also soccer fields and who the primary users are. He asked Mr. Jarvi to provide that summary including any other such fields being planned for the vicinity. It will be helpful for the Council to see what the Master Plan is, where the short-term possibilities are of adding baseball and soccer fields, and where there won't be any further opportunities. He believes they are all in agreement they want more soccer fields, more softball fields and areas where skateboard parks can work. If they can see that type of inventory, they can decide what the best use of the subject site will be. Chris Jarvi. There are very few multi-purpose field complexes in the inner City area. He reiterated, Ross Park was originally intended to be a neighborhood park and what the community asked for. Trying to expand on it to create a more community-type park is perverting the original concept. They can get away with some of the uses because of the way the park is situated. He does not see the subject site meeting the kind of need Council Member Feldhaus is talking about. He also explained relative to possible skateboard parks, staff will be submitting a report to Council within the next two or three days to advise the Council of their options. Mayor Daly. He appreciates the alternatives provided to the Council; he asked if staff was clear on the direction. Chris Jarvi. He will supply the report requested. The question will then be how to go forward. Answering the Mayor, he explained that relative to staff's next steps, it is necessary first (for the Council) to agree on a concept plan and staff would then have to go back to the community to show them the changed design. Staff would subsequently take it to the Park and Recreation Commission for final approval and then move ahead. They would come back to the Council for approval of a designer for the final construction drawings. Mayor Daly again thanked staff for providing the additional alternatives requested at the last workshop on the subject and look forward to receiving data on today's request. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there were no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Closed Session items. The following items are to be considered at the Closed Session. 1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existinq Litigation: Name of case: Vista Royale Homeowners Assoc. vs. 396 Investment Co. fka The Fieldstone Company, et al., Orange County Superior Court Case No. 77-30-74, (and related cases). 2. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existinq Liti.qation: ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, NOVEMBER 16, 1999 Name of case : Cox v. City of Anaheim, U.S. District Court Case No. CV98- 3286RAP ( SHx). CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE 3. SECTION 54957.6: Agency Negotiator : David Hill Name of employee organization : Anaheim Firefighters’ Association CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE 4. SECTION 54957.6: Agency Negotiator : David Hill Name of employee organization : Part Time Customer Service Employees, IBEW Mayor Daly moved to recess into Closed Session. Council Member Kring seconded the motion. Council Member McCracken absent. (4:17 p.m.) AFTER RECESS: Mayor Daly called the regular Council meeting of November 16, 1999 to order at 5:39 p.m. and welcom ed those in attendance. INVOCATION: Pastor Steve Isenman, from the West Anaheim United Methodist Church gave the invocation. FLAG SALUTE: Council Member Tom Tait led the assembly in the Pledge of Allegiance to the Flag. DECLARATION OF RECOGNITION AND INTRODUCTION OF GOODWILL DELEGATION 119: FROM ANAHEIM’S SISTER CITY – MITO, JAPAN : Mr. Greg Hastings, the City’s Zoning Division Manager and also President of Anaheim’s Sister City Association, first asked the 25-member Goodwill Delegation from Mito, Japan to stand and be recognized. He then introduced the Mito City Officials who were a part of the delegation, Mr. Hidefumi Kobayashi, Deputy Mayor; Shinyo Murata, Assemblyman; Chikako Tayama, Assemblywoman and Yasushi Takahashi, Assemblyman. Mr. Hastings noted that the very first delegation arrived in 1976 and the tradition continues. Both cities are looking forward to th celebrating the 25 Anniversary of their Sister City relationship in a few years. Mr. Kobayashi, Deputy Mayor of Mito, speaking through an interpreter expressed the delegation’s appreciation for the courtesies extended. The Mayor (of Mito) could not come to Anaheim on this visit and he is speaking for him. At the conclusion of his remarks, Mr. Kobayashi read a letter from the Mayor of Mito to Mayor Daly. The letter concluded by sending his best wishes and much success in the strength of the tie between the two cities. Mayor Daly then presented a Declaration of Recognition to the Deputy Mayor; Mr. Kobayashi and his colleagues thereupon presented gifts to Mayor Daly and the Council Members. Token gifts were also presented, in turn, from the Mayor/Council Members to the Mito officials. Mayor Daly also expressed appreciation to the Sister City Association who worked so hard to make the visit of the Mito delegation such a success as well as to Sue Ray, the Council Assistant, and Bret Colson, Public Information Officer. * * * * * * * * * * * * * * * * * * * * 4 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, NOVEMBER 16, 1999 Before proceeding, Mayor Daly announced the reason for Council Member McCracken’s absence today was due to the fact that her mother passed away a couple of days ago. Mrs. McCracken is on the East Coast with her family attending the funeral. Their thoughts and prayers are with Shirley and her family in this time of mourning for her mother. RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: th 1. DECLARATION recognizing Ray Mar Productions on their 25 anniversary. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,818,931.70 for the period ending November 8, 1999 and $2,272,056.22 for the period ending November 15, 1999 in accordance with the 1999-2000 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Anaheim Housing Authority meetings. (6:01 p.m.). Mayor Daly reconvened the City Council Meeting. (6:45 p.m.). ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Esther Wallace, Chairperson, West Anaheim Neighborhood Development Council (WAND). Her presentation will cover the accomplishments and future actions of WAND, an organization which started approximately four years ago with 14 citizens. They established 10 goals at the outset and in revisiting those goals, she can say that they have stayed on course. They have also established various committees – Land Use Committee, Community Participation Committee, After-School and Recreation Committee, Performing Arts Center Committee, Safety Committee, etc. It is a structure WAND has used successfully in accomplishing the things they have done. They have formed a partnership with the City of Anaheim and various departments. She thanked the Council and staff for their ongoing assistance in helping them accomplish their goals. Although the Council has received a copy of WAND’S accomplishments and planned future actions, she would like to read them into the record. Mrs. Wallace thereupon read the documents previously submitted and made a part of the record – West Anaheim Neighborhood Development Council Accomplishments – 1997-1999 and West Anaheim Neighborhood Development Council Future Actions – 1999-2000. In concluding her presentation, Mrs. Wallace reiterated WAND has had tremendous support from the City and its departments. She particularly acknowledged Mr. Steve Swaim, Community Services Superintendent, because he has assisted WAND in their “brainstorming” and consolidating the program for WAND. The actual ideas, however, have come from the people in West Anaheim. They are truly interested in making their community a good community where people will want to come and live. They have come to the Council many times and want to say thank you. In two years she hopes to be back with another report. Mayor Daly. Mrs. Wallace has laid out a list of the successes of WAND as well as an ambitious list of items the group would like to accomplish in the future. The Council hopes they will be able to help WAND accomplish as many of them as possible. He thanked them for working positively with staff and the Council. PUBLIC COMMENTS – AGENDA ITEMS: Public input was received on Item A31 (see discussion under that item). 5 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, NOVEMBER 16, 1999 Lori Hulen , 180 S. Avenida Felipe , Anaheim. She is present representing the Vermont-Citron Area Association. She attended the workshop earlier today on the I-5 Surplus Land Reuse Recommendations. She has prepared a package of material which she submitted – see, Petitions for Green Space Pertaining to the I-5 Remnant on Vermont/Cottonwood submitted by Vermont/Citron Area Association 11/16/99 – made a part of the record. The material contains petitions regarding one remnant of land at Vermont and Cottonwood along the I-5 urging that there be green space for that land which “would make a wonderful place for the children to play”. The petitions contained signatures of many residents in the Vermont/Citron area as well as from the Neighborhood Advisory Council of Cambridge and Lemon Streets. (Petitions contain over 400 signatures). She then gave a brief history of the area and how it has evolved and also briefed the concerns as outlined in the covering letter to the data submitted. The one thing lacking is some green space – at this point, just some grass would help them. She urged the Council not to approve any more building area. The many school children of the area are on year-round split schedules. They would like the Council’s support in any way. Mayor Daly thanked Ms. Hulen for taking the time to share the request and for attending the workshop today. He assured her that the land will get double and triple analysis by the City before any decisions are made as to its disposition and urged her to stay in touch with City staff. Mary Jane Chivera , 842 W. Cottonwood Circle, Anaheim. She lives across the street from the parcel. In representing the homeowners, they would like to see some greenery in that area and perhaps a couple of benches. This way, the children do not have to play in the street. They would like something that would beautify the neighborhood and be a safe place for kids to go. * * * * * * * * * * * * * * * * * * The following members/representatives of the Anaheim Fire Association, Local 2899 then spoke relative to the contract impasse and contractual issues between the City and the Fire Association : Mike Feeney, Richard Chavez, Kevin Symmes – their main points are summarized. Mike Feeney , President, Anaheim Firefighters Association, Local 2899. Measure A was overwhelmingly passed by the citizens of Anaheim in November, 1998 requiring binding arbitration between the City and Firefighters in the event they cannot resolve disputes over wages, hours, or terms and conditions of th employment. This October, they began the (first) arbitration process and on November 4 completed recorded testimony. Soon briefs will be completed and filed by the City and Firefighters and submitted to the arbitrator for a final and binding decision. The process worked well and it became clear to them that the City has the ability to pay its firefighters a fair and equitable wage. It is not too late to put an end to the lengthy dispute. Richard Chavez, speaking on behalf of the Firefighters as ex-president of the Association, a City employee and also as a Vice President of the Orange County Central Labor Council representing over 100,000 union workers living in Orange County. (He first read a quote from a recent newspaper article made by the Mayor which the Firefighters considered derogatory; Mayor Daly interrupted and apologized for the tone of the remark as well as the factual accuracy although it was not a direct quote.) He then elaborated on the many things that Firefighters do and the fact that they put their lives on the line every day. He also commented on the arbitration process and what has taken place, problems of the unions generally, the poverty in Anaheim surrounding motel families/kids, etc. The voters overwhelmingly supported Measure “A” and with that expected that the Firefighters contract would be resolved. At this time, the Council-appointed Charter Review Committee has discussed and is making recommendations to do away with interest arbitration gained through Measure “A”. Nobody from that Committee has attended any of the interest arbitration meetings. In concluding his presentation he emphasized that all they have asked for from the beginning is to be treated fairly but that is not occurring. They believe the Council has failed labor miserably. 6 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, NOVEMBER 16, 1999 Kevin Symmes , Anaheim Firefighter. He asked all the members of the Firefighters Association who were present to stand (approximately 30 were present). In the last four years, the Firefighters and their families have been living on the same amount of money without a cost-of-living increase even though the economy is “roaring.” They now have additional responsibilities (swift-water training, defribrillator training, urban search and rescue, etc.) with no additional compensation. When the arbitrator makes his ruling, he asked that they all accept whatever ruling the arbitrator makes. If it is not in the City’s favor, he asked that they not waste taxpayer dollars by pushing it through the courts. * * * * * * * * * * * * * * * * * * * * * Joe Kung, 5581 E. Santa Ana Canyon Road, Anaheim. He first submitted extensive data entitled Anaheim Hills U.S. Post Office Traffic Video Data Analysis, Friday, October 15, 1999 at Avenida Margarita Between Santa Ana Canyon Road and Old Santa Ana Canyon Road – Updated 11/12/99 by Joseph T. Kung, accompanied by letters to Federal and State officials and a newspaper article – made a part of the record. Two weeks ago, he requested to present a six-minute video and it was rejected by the City Manager’s Office. What he is providing today is very detailed and even better than the film. Mr. Kung then elaborated on some of the data presented in his submittal documenting his attempt to find solutions to traffic congestion at Imperial Highway and Santa Ana Canyon Road and especially the congestion in and around the U.S. Post Office on Avenida Margarita (at Santa Ana Canyon Road). He feels there is no question about the two existing problems. He is going to send his film to the (U.S.) President’s Office as well as the Governor’s Office and would appreciate it if the City Manager and/or City Council can put pressure on them to see if the congestion problems can be corrected. Christmas is coming and his shopping center (at Imperial and Santa Ana Canyon Road) will again be negatively impacted. Council Member Kring asked for a copy of his video. She requested that he leave a copy with the City Manager and she will get it from him. Stefanie Perry, 5949 E. Avenida Arbol , Anaheim. She has seen Mr. Kung’s video and it is worth watching. (See Mr. Kung’s comments above). She is also asking that the Council remove Item B1. from the Consent Calendar (see Item B1. on tonight’s agenda – re: Items from the Planning Commission Meeting of October 25, 1999) and set it for a Public Hearing. The Anaheim Hills Festival has not brought the sign request to any residents and the residents would like a chance to review the plans before the Council makes a final decision. (Later in the meeting – see Item B1. – the Council requested a further review of the matter and, therefore, a Public Hearing will be scheduled at a later date.) * * * * * * * * * * * * * * * * * * * * Stan Stossel , Representative, IBEW LOCAL 47 representing the City’s full-time Utilities workers for over 20 years. Last December, part-time workers decided to join the union. After 11 months of bargaining, the City’s negotiating team has put together a proposal that tells their people the City is going to give exactly what they were going to get if they did not bargain at all – the City’s position being they don’t want to pay any meaningful benefits to part-time employees. The money the City is spending on their negotiating team is all wasted. The Council is a part-time position but the members get medical benefits. He is going to look to the Council and community at large in order to get a fair and human contract for these part-time people who give their lives to the City. * * * * * * * * * * * * * * * * * * * Jim Bonsteel , 1203 N. Grove Street, Anaheim. He also attended the workshop this afternoon on the I-5 Surplus Land recommendations. He is representing the neighborhood of Brookhurst and LaPalma called the 591. He is asking when the Council decides the plan for Section D2 and E, that it be either for residential homes with property available for the neighbors to purchase or that it be a greenbelt. He thanked Steve Swaim, Community Services Superintendent and Richard LaRochelle, Code Enforcement Supervisor for helping him to start the neighborhood council. They want to make their neighborhood as beautiful as possible. He clarified for the Mayor that the parcels are on the north side of the I-5 from 7 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, NOVEMBER 16, 1999 Vermont to Magnolia. He further clarified for Council Member Tait that they agreed with staff’s recommendations as presented – they want green belts or for the residents to be able to purchase the land prior to its being sold to someone else. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of November 16 , 1999. Council Member Kring seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 – A35: On motion by Mayor Daly, seconded by Council Member Kring , 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-225 through 99R-233 , both inclusive, for adoption. Mayor Daly offered Ordinance No. 5705 through 5707 for adoption. Refer to Resolution/Ordinance Book. A1. 105: Receive and file Golf Advisory Commission Meeting Minutes dated September 23, 1999. 102: Receive and file Anaheim Private Industry Council Meeting Minutes dated July 22, 1999. 105: Receive and file Redevelopment and Housing Commission Meeting Minutes dated October 20, 1999. 128: Receive and file monthly Financial Analysis for two months ended August 31, 1999. 159: Receive and file the Public Works Department status report of certain developer fee accounts in accordance with SB 1693. 150: Receive and file the Community Services Department, Library Division, status report of certain developer fee accounts, in accordance with SB 1693. 175: Receive and file the Public Utilities Department status report of certain developer fee accounts, in accordance with SB 1693. 117: Receive and file Investment Portfolio Report for October, 1999 from the City Treasurer. A2. 106: Approve the adjustments to the Public Works Department 1999/2000 Capital Improvement Budget in the amount of $4,252,502. A3. 158: Approve the acquisition agreement for 1601 Orangewood Avenue for the Orangewood Avenue/State College Boulevard widening project, authorize the Mayor and City Clerk to execute the agreement and authorize the acquisition payment of $20,949 to the Robert Stovall Family Partnership, L.P. A4. 123: Approve Amendment No. 2 to Agreement No. C-8-0184 with the Orange County Transportation Authority ( OCTA ) to extend the current agreement for 8 months, November 1, 1999 through June 30, 2000, to allow the City, OCTA and the Area Agency on Aging to come to an agreement on a new pilot program to reduce cost per trip for minibus service to transport Anaheim senior citizens to and from Feedback Foundation’s TLC meal programs. A5. 176: RESOLUTION NO. 99R-225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and service 8 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, NOVEMBER 16, 1999 easements. (Abandonment No. 99-2A, southwest corner of Ball Road and Knott Avenue) (Suggested public hearing date December 7, 1999) A6. 176: RESOLUTION NO. 99R-226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and service easements. (Abandonment No. 99-13A, commonly called Grove Street, located adjacent to and northerly of the Riverside Freeway (SR 91) between Kraemer Blvd. and Tustin Avenue) (Suggested public hearing date December 7, 1999) A7. 150: RESOLUTION NO. 99R-227 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and authorizing the application for funds from the “California Trees For The Millennium Initiative For 1999” grant program and authorizing the City Manager to execute all necessary documents in connection with such application and subsequent award of funds. A8. 160: Ratify the issuance of a new purchase order in an amount not to exceed $80,000 to Power Systems Associates, Los Angeles, CA, to continue the rental of a portable back-up generator at Linda Vista Reservoir and ratify the issuance of a purchase order to Penguin Engineering Company, Orange, CA, in an amount not to exceed $226,815 for the replacement of the failed generator set at Linda Vista Reservoir. A9. 123: Approve the Lease Agreement by and bet ween the City and Lincoln Anaheim Village, a California Limited Partnership, to relocate the City’s Job Training Program Division’s Welfare-to- Work operations to the Anaheim Village and authorize the Community Development Executive Director to execute said lease and any amendments thereof. A10. 118: Rejecting and denying certain claims filed against the City. Referred to Risk Management. The following claims were filed against the City and actions taken as recommended: a. Claim submitted by John D. White for property damage sustained purportedly due to actions of the City on or about September 2, 1998. b. Claim submitted by Robert L. & Ivy Johnson for property damage sustained purportedly due to actions of the City on or about November 1, 1998. c. Claim submitted by Greg Keel for bodily injury sustained purportedly due to actions of the City on or about June 18, 1998 . d. Claim submitted by Rakesh (Rick) Patel for property damage and property damage sustained purportedly due to actions of the City on or about September 16, 1997. e. Claim submitted by Jeffrey F. Main for property damage sustained purportedly due to actions of the City on or about December 4, 1998 . A11. 123: Approve the Agreement between Kinko’s Inc. and the City which establishes Kinko’s as the exclusive operator of the Business Service Center located within the new lobby of the Anaheim Convention Center. A12. 179: ORDINANCE NO. 5705 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CERTAIN PROVISIONS OF CHAPTER 14.60 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO TRANSPORTATION DEMAND MANAGEMENT. 9 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, NOVEMBER 16, 1999 A13. 179: ORDINANCE NO. 5706 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTIONS .022 AND .024 OF SECTION 18.06.050 OF CHAPTER 18.06 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING. A14. 179: ORDINANCE NO. 5707 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTIONS .010 AND .020 OF SECTION 18.04.048 AND 18.04.049, RESPECTIVELY, OF CHAPTER 18.04 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (FENCE REQUIREMENTS). Council Member Feldhaus posed a line of questions on this item which were answered by both the Planning Director, Joel Fick and City Attorney White. A15. 158: RESOLUTION NO. 99R-228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein. A16. 182: Designate the City’s Job Training Program Division as the One-Stop Operator for management of the One-Stop Center under the Workforce Investment Act. A17. 123: Approve an agreement with th e Santa Barbara Electric Transportation Institute for $50,000 for the Anaheim Resort Transportation Project technical assistance. Council Member Feldhaus posed questions for purposes of clarification which were answered by Diana Kotler, Transportation Programs Planner. Council Member Tait . He noted that his firm has done some work for one of the bus companies involved. He asked if this agreement will have a material financial effect on any of the companies; Ms. Kotler answered, no. A18. 176: RESOLUTIO N NO. 99R- 229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. 99-16A), located at 901 East South Street. (Suggested public hearing date December 14, 1999) A19. 159: Reject all bids received for the Edison International Field parking lot improvements project, Phase I. A20. 123: Approve an agreement with The Planning Center for $48,000 to develop a public relations and marketing program for the Electric Vehicle Station Cars Program and waive Council Policy #401 concerning consultant selection process. Mayor Daly. He is abstaining from any discussion or decision on this item since the Planning Center has been a source of income to him. A21. 123: Approve an agreement with JMB & Associates for $117,675 for the design, system, and subsystem specifications for the Anaheim Resort Transportation Project and amend the Department of Public Works budget by $117,675. A22. 123: RESOLUTION NO. 99R-230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the filing of an application for grant funds for development of Anaheim Colony Park (also known as George Washington Park) and authorizing the City Manager to take any and all actions necessary to implement the program. 10 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, NOVEMBER 16, 1999 A23. 161: Approve Phase I Gotcha Glacier Design Development Drawings subject to certain conditions. This item was discussed at length under the Redevelopment Agency Meeting of today’s date (11/16/99) jointly heard by the Agency and the Council. The item was subsequently approved by both the Agency and the Council (see Redevelopment Agency Minutes this date.) A24. 123: Approve a Joint Trench Agreement with Metropolitan Fiber Systems of California ( MFS) to permit joint trenching and to share construction cost for the Underground District No. 34, Brookhurst/Crescent District. A25. 123: Approve a Joint Trench Agreement with Los Angeles SMAS Limited Partnership ( Airtouch) to permit joint trenching and to share construction cost for the Underground District No. 34, Brookhurst/Crescent District. Ed Aghjayan, Public Utilities General Manager explained for Council Member Feldhaus that the agreement involves only one pole at $75/year. The City is obligated under the National Telecommunications Act to offer space for telecommunications on the poles. Unfortunately, it is necessary to go through an agreement such as this. A26. 123: Approve the Utility Pole Lease Agreement between Pacific Bell Wireless, LLC, and the City to lease pole space on City owned D-All poles and authorize the Public Utilities General Manager to execute the agreement and related documents and to take such actions necessary to implement the agreement. Council Member Tait . His engineering firm has done some environmental work for Pacific Bell. He is assuming they are a close affiliate of Pacific Bell Wireless and will, therefore, abstain from any discussion or decision on this item due to a potential conflict of interest. A27. 123: Approve 5 separate First Amendments to the Electrical Utility Agreements between the City and Edlen Electrical; Expo West/ C.E.E.S .; National Electrical Systems; San Diego Stage & Lighting and Trade Show Electric which authorize each of the electrical contractors to provide various electrical services on a non-exclusive basis to persons at the Convention Center. A28. 128: Approve the revised agreement with Anaheim Union High School District regarding use of facilities. A29. 156: RESOLUTION NO. 99R-231 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Chief of Police to submit a grant proposal on behalf of the City of Anaheim to the Office Of Criminal Justice Planning for the Positive Alternatives Program (PAP) component of the Delinquency Prevention Program. A30. 123: Approve Professional Services Agreement between the City and Smithson -Dillon Associates ( Smithson ) to assist the Private Industry Council in developing a transition plan from the Job Training Partnership Act to the Workforce Investment Act, at a cost not to exceed $50,000 and authorize the City Manager to execute the agreement and any amendments thereto on behalf of the City. A31. 123: Approve the agreement between the City and the Nutcracker Holiday Committee for the co-sponsorship of the Nutcracker Holiday on December 3, 1999. th Sarah Alevizon representing the Nutcracker Holiday Festival. This is the 5 Annual Festival and she is inviting the Council and all the families of Anaheim to come and enjoy the Festival on December 3, 1999 at 5:00 P.M. with the tree-lighting ceremony to take place at approximately 6:15 P.M. She also elaborated on some of the other activities that will take place. Once again, the Festival Committee is asking for Council’s assistance with part of the financing. 11 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, NOVEMBER 16, 1999 A32. 123: RESOLUTION NO. 99R-232 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the terms and conditions of the Program Supplement Agreement No. M- 005 with the State of California, Department of Transportation. A33. 130: RE SOLUTION NO. 99R-233 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to approve the transfer of a cable television franchise from Century – TCI California and Century Communications Corporation to Adelphia Communications Corporation and order a hearing thereon. A34. 106: Authorize staff to increase the City Budget, Fund 702, Community Development Department by $1,200,000. A35. 114: Approved Anaheim City Council Meeting Minutes dated October 5, 1999, October 19, 1999, October 26, 1999 and November 2, 1999. END OF CONSENT CALENDAR. MOTIONS CARRIED. (Council Member Tait abstained on items A17 and A26. Mayor Daly abstained on item A20). Roll Call Vote on Resolution Nos. 99R-225 through 99R-233, both inclusive, for adoption: AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, Daly NOES: MAYOR/COUNCIL MEMBERS : None ABSENT: MAYOR/COUNCIL MEMBERS : Mc Cracken The Mayor declared Resolution Nos. 99R-225 through 99R-233, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance Nos. 5705 through 5707 for adoption: AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, Daly NOES: MAYOR/COUNCIL MEMBERS : None ABSENT: MAYOR/COUNCIL MEMBERS : McCracken The Mayor declared Ordinance Nos. 5705 through 5707 duly passed and adopted. DESIGNATION OF MAYOR PRO TEM FOR ONE YEAR : A36. 114: The City Council by motion appoints one Council Member to serve as Mayor Pro Tem for one year. Council Member Kring moved to appoint Council Member Tom Tait as Mayor Pro Tem for the coming year. Mayor Daly asked if everyone was comfortable moving forward on this matter without a full Council; Council Member Tait suggested that they wait until Council Member McCracken returns. MOTION. Council Member Tait moved that the appointment of a Mayor Pro Tem be continued until the next scheduled Council Meeting (December 7, 1999) for full Council action. Council Member Feldhaus seconded the motion. Council Member McCracken was absent. MOTION CARRIED. 12 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, NOVEMBER 16, 1999 ITEMS B1 – B11 FROM THE PLANNING COMMISSION MEETING OF OCTOBER 25, 1999 – INFORMATION ONLY, APPEAL PERIOD ENDS NOVEMBER 16, 1999: NEGATIVE DECLARATION , CONDITIONAL USE PERMIT NO. 4152 B1. 179: OWNER: Myrna Wiener, Wiener Family Trust, 9323 La Alba, Whittier, CA 90603 AGENT: Karen Finke, Anaheim Hills Festival, 8020 E. Santa Ana Canyon Road ., Anaheim, CA 92808 LOCATION: Property is 3.97 acres located on the north side of Santa Ana Canyon Road, 1,320 feet west of the centerline of Roosevelt Road. To construct an identification sign for the Festival Regional Shopping Center. ACTION TAKEN BY THE PLANNING COMMISSION: Granted CUP NO. 4152 with conditions, approved Negative Declaration ( PC99-185) (7 yes votes). Mayor Daly. He is interested in setting a Public Hearing on this matter since he has not had a chance to see all of the details on the proposal. He thereupon requested a review of the Planning Commission’s decision; Council Member Tait concurred. A Public Hearing on Item B1 will be scheduled at a later date. NEGATIVE DECLARATION, WAIVER OF CODE REQUIREMENT B2. 179: CONDITIONAL USE PERMIT NO. 4122 OWNER: Vito and Josephine Bucaro, Fred Kimura, Yoshiko Kimura, Allen Wattenberg, Richard and Enriqueta Wattenberg, Kathy J. Wattenberg, Eugene Pardella, Marie Pardella, William Keough, Patsy Keough and Thakor Desa, 8300 Lexington Road #10, Downey, CA 90241 AGENT: Pacific National Development, Attn: Al Marshall, 1041 W. 18th Street #104-A, Costa Mesa, CA 92627 LOCATION: 2240 West Lincoln Avenue. Property is 1.92 acres located on the south side of Lincoln Avenue, 515 feet west of the centerline of Brookhurst Street. To construct a 2-story 56-unit affordable senior citizen’s apartment complex with waivers of (a) permitted encroachment into setback areas, (b) minimum structural setback, (c) minimum private recreational – leisure area, (d) minimum floor area, (e) required private storage areas, (f) minimum pedestrian access and (g) minimum required affordable units. ACTION TAKEN BY THE PLANNING COMMISSION: Withdrawn NEGATIVE DECLARATION, CONDITIONAL USE PERMIT NO. 3265 B3. 179: OWNER: The Cornerstorne, A Foursquare Church, Attn: Brenda Coogan, 1250 N. Red Gum Street, Anaheim, CA 92806 LOCATION: 1250 North Red Gum Street. Property is 1.06 acres located on the east side of Red Gum Street, 500 feet south of the centerline of Miraloma Avenue (The Cornerstone Church). 13 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, NOVEMBER 16, 1999 To consider reinstatement of this permit which currently contains a time limitation (originally approved on April 9, 1990, to expire on April 9, 1999) to retain an existing church. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3265 approved, reinstatement for 5 years, to expire 4/9/2004 ( PC99-186) (7 yes votes) Negative Declaration previously approved. NEGATIVE DECLARATION , WAIVER OF CODE REQUIREMENT, B4. 179: CONDITIONAL USE PERMIT NO. 4156 OWNER: Canyon Commercial Center, 5000 Birch Street, East Tower, Suite 510, Newport Beach, CA 92660 AGENT: Mark R. Poochigian, 5000 Birch Street, East Tower, Suite 510, Newport Beach, CA 92661 LOCATION: 5445 East La Palma Avenue. Property is 12.2 acres located on the north side of La Palma Avenue, 270 feet east of the centerline of Brasher Street. To permit an automobile dealership with waiver of (a) required parking lot landscaping, (b) permitted location of a freestanding monument sign, and (c) permitted encroachments into required yards. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4156 granted in part for 10 years, to expire 10/25/2009. Waiver approved in part. Negative Declaration approved. ( PC99-187) (7 yes votes) Joel Fick, Planning Director clarified for the Mayor that the reason the Commission set a time limit for an auto dealership was to coincide with the lease of the property which is 10 years. He also confirmed for Council Member Feldhaus that there is no parking on LaPalma but there will be 10’ of landscaping adjacent to LaPalma. NEGATIVE DECLARATION , REVISION TO SANTA ANA CANYON ROAD ACCESS B5. 179: POINT STUDY – EXHIBIT NO. 7, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 4158 OWNER: Raymond E. and Joanne S. Rocks, 5910 E. Marsha Place, Anaheim, CA 92807 AGENT: Bob MacNamara, Attn: Sunrise Development, Inc., 13258 Ocean Vista Road, San Diego, CA 92130 LOCATION: 6100 East Santa Ana Canyon Road. Property is 1.21 acres located at the southeast corner of Santa Ana Canyon Road and Anaheim Hills Road. To construct a 2-story senior assisted living and Alzheimer’s care facility with waiver of (a) required setback of institutional uses to residential zones, (b) permitted freestanding sign, (c) minimum number of required parking spaces, (d) required rear yard setback, and (e) maximum building height adjacent to a residential zone. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO 4158 denied, Waiver of Code Requirement denied, Revision to Santa Ana Canyon Road Access Point Study, denied. Negative Declaration approved. ( PC99-188) (5 yes votes: Commissioners Bostwick, Bristol, Koos, Napoles, Vanderbilt. 1 no vote: Commissioner Boydstun. Commissioner Arnold absent) 14 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, NOVEMBER 16, 1999 NEGATIVE DECLARATION , TENTATIVE TRACT MAP NO. 15861, B6. 170: SPECIMEN TREE REMOVAL PERMIT NO. 99-03 OWNER: Paul S. and Sachiko Murata, 194 S. Lakeview Avenue, Anaheim, CA 92807 AGENT: Muskoka Development, Attn: Brian Keer, 34 Balboa Coves, Newport Beach, CA 92663 LOCATION: 194 South Lakeview Avenue. Property is 5.91 acres located on the north side of Lakeview Avenue. Tentative Tract Map No. 15861, to establish a 6-lot (5-numbered lot, 1-lettered lot) residential subdivision. Specimen Tree Removal Permit No. 99-03, to permit the removal of 2 specimen trees. ACTION OF THE PLANNING COMMISSION: Approved Tentative Tract Map No. 15861, approved Specimen Tree Removal Permit No. 99-03 Negative Declaration approved. (5 yes votes, Commissioners: Bostwick, Boydstun, Koos, Napoles, Vanderbilt. Commissioners Bristol and Arnold absent) NEGATIVE DECLARATION, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE B7. 179: PERMIT NO. 4143 OWNER: Grock Woey Jung and Chun Chun Jung, Trustees, 433 South Vicki Lane, Anaheim, CA 92804 AGENT: Jimmy Tong Nguyen, P.O. Box 15741, Newport Beach, CA 92659 LOCATION: 420 South Brookhurst Street. Property is 0.50 acres located on the east side of Brookhurst Street (Seafood Place Restaurant). To permit a banquet hall facility with service and on-premises consumption, but not sales of beer and wine with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Withdrawn. NEGATIVE DECLARATION, CONDITIONAL USE PERMIT NO. 4151 B8. 179: OWNER: Karl and Edith Sater, 900 East Katella Avenue “J”, Orange, CA 92867 AGENT: Salvador Magana, 21580 Via Pepita, Yorba Linda, CA 92886 LOCATION: 3148 East La Palma Avenue, Unit C. Property is 6.4 acres located south and east of the southeast corner of La Palma Avenue and Kraemer Boulevard. To permit and retain an automotive repair facility (auto body work) within an existing industrial complex. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4151 granted for 1 year, to expire 10/25/2000. Negative Declaration approved ( PC99-189) (5 yes votes, Commissioners: Bostwick, Boydstun, Koos, Napoles, Vanderbilt. Commissioners Bristol and Arnold absent). ENVIRONMENTAL IMPACT REPORT NO. 320, AREA DEVELOPMENT PLAN NO. 120 – B9. 155: REVIEW OF ARCHITECTURAL PLANS FOR GOTCHA GLACIER : Gotcha Glacier, Attn: Bradford Kinney, 33159-D Camino Capistrano, San Juan Capistrano, CA 92675, requests review of modified architectural plans showing refinements to the exterior building design of Gotcha Glacier ( Sportstown Anaheim) on property located at 2250 East Katella Avenue. ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Bostwick and MOTION CARRIED , that the Anaheim City Planning Commission does hereby determine that the previously-certified EIR 320 is adequate to serve as the required environmental documentation for this request. Commissioner Bristol offered a motion, seconded by Commissioner Napoles and MOTION CARRIED , that the Anaheim City Planning Commission does hereby receive and file the final exterior building plans (Final Plan Exhibit No. 1) based on the findings that the plans are 15 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, NOVEMBER 16, 1999 refinements of Exhibit No. 2, dated April 1, 1999 and labeled Gotcha Glacier, previously reviewed by the Planning Commission and approved by the City Council; that the plans conform with the maximum land use and development intensities established by ADP 120; that the plans comply with the “Amended and Restated Lease Agreement by and between The California Angels L.P. and City of Anaheim, Dated as of May 15th, 1996”; and that development will comply with all applicable mitigation measures incorporated into Mitigation Monitoring Program No. 092 and identified in EIR 320; and that the Planning Commission also recommends the following: (1) That the number of graphic panels shall be limited to one graphic depiction per major activity or tenant within the building, not to exceed 15 panels; and (2 ) That the Gotcha Glacier sign shall be lowered below the roof level and any sign proposed above the roof level shall be brought back to the Planning Commission for review as a “Reports and Recommendations” item. ACTION OF THE PLANNING COMMISSION: Area Development Plan No. 120 – review of the architectural plans for Gotcha Glacier, approved with modifications. EIR No. 320, previously approved. No action was taken by the Council on this item. (See minutes of Redevelopment Agency Meeting of today’s date – 11/16/99 – where the item was discussed.) NEGATIVE DECLARATION, CONDITIONAL USE PERMIT NO. 4141 – REVIEW AND B10. 179: APPROVAL OF FINAL PLANS : Robert Flaxman, Crown Realty and Development Corp., 20101 SW Birch Street, Suite 260, Newport Beach, CA 92660-1770, requests review and approval of final plans for construction of a full service restaurant with sale of alcoholic beverages for on- premises consumption, including an outdoor dining area within a planned mixed-use commercial center (Stadium Crossings), on property located at 2005 East Katella Avenue. ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Koos and MOTION CARRIED , that the Anaheim City Planning Commission does hereby determine that the previously-approved negative declaration is adequate to serve as the required environmental documentation for subject request. Commissioner Bostwick offered a motion, seconded by Commissioner Koos and MOTION CARRIED , that the Anaheim City Planning Commission does hereby approved the final plans for Denny’s restaurant (identified as Final Plan Exhibit Nos. 1 through 5 on file with the Planning Department, provided that the columns supporting the patio trellis may be wood instead of plaster-coated columns painted to match the salmon-colored building walls) based on the finding that said plans are compatible with the other buildings in Stadium Crossings, and subject to the following conditions: (1 ) That prior to issuance of a building permit for the restaurant, the petitioner shall submit specific landscaping details for the patio area (i.e., species and size of vine(s) for the trellis; species and size of two (2) trees and the other plants in the three (3) pre-cast planters; and species, size and location of the plants on the landscaped earthen berm outside the forty four inch (44”) high block wall enclosing the patio) to the Planning Department for review and approval to show that said landscaping will be compatible with existing landscaping in the front setbacks along Katella Avenue and State College Boulevard and with the Plant Palette approved in connection with the Anaheim Stadium Area Master Land Use Plan. (2 ) That prior to issuance of any sign permit or installation of any signs for this restaurant, whichever occurs first, the petitioner shall submit to the Planning Department revisions to the Stadium Crossings Sign Program (a booklet identified as Exhibit No. 22) approved in connection with Conditional Use Permit No. 3957, to show that the restaurant on Pad E (Denny’s restaurant) will be a “pad tenant” (instead of a ”shop tenant”) and, therefore, entitled to wall signs described as “Pad Tenant I.D. Sign (Type #8)”; and that this restaurant will not be identified on the “Multi- Tenant Monument Sign (Type #2)” on State College Boulevard. 16 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, NOVEMBER 16, 1999 ACTION OF THE PLANNING COMMISSION: Approved CUP NO. 4141, approved final plans. Negative Declaration previously approved . REPORT AND RECOMMENDATIONS: NEGATIVE DECLARATION, SPECIFIC PLAN NO. 90-1 (FESTIVAL SPECIFIC PLAN) – B11. 155: REQUEST FOR SUBSTANTIAL CONFORMANCE : Mark Depew, L.A. Architects, 224 East Olive Avenue, Suite 305, Burbank, CA 91502, request for determination of substantial conformance to construct an ATM facility (Bank of America) attached to the existing theater. Property is located at 8032 East Santa Ana Canyon Road – The Anaheim Hills Festival Center (Edwards Cinemas). ACTION OF THE PLANNING COMMISSION: Specific Plan No. 90-1 determined to be in substantial conformance, previously approved Negative Declaration. Joel Fick, Planning Director clarified for the Mayor that the proposed ATM facility is not free standing but part of the building and totally interior. ITEMS B12 – B19 FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 8, 1999 – INFORMATION ONLY, APPEAL PERIOD ENDS NOVEMBER 30, 1999: NEGATIVE DECLARATION, WAIVER OF CODE REQUIREMENT, B12. 179: CONDITIONAL USE PERMIT NO. USE PERMIT NO. 4130 OWNER: Jon M. Dowell, Nancy E. Dowell, Gabriel Patin, Virginia Patin, Shirley Almand, William U. Almand, Willa Jean Cornett, Wilton B. Abplanalp, Ruth D. Abplanalp, 3335 W. Lincoln Avenue, Anaheim, CA 92801 AGENT: Pacific National Development, Attn: Al Marshall, 1041 W. 18th Street #104-A, Costa Mesa, CA 92627 LOCATION: 3335 – 3345 West Lincoln Avenue. Property is 2.98 acres located on the north side of Lincoln Avenue, 1,070 feet east of the centerline of Knott Street (Lazy Living Mobile Home Park). To construct a 104-unit affordable senior citizens apartment complex with waiver of (a) permitted encroachments in setback areas, (b) minimum number of parking spaces, (c) minimum side and rear landscape setback adjacent to one-family residential developments, (d) maximum structural height, (e) required elevators, (f) minimum floor area, (g) location of required private storage areas, and (h) minimum required affordable units. Continued from Commission meetings of June 21, July 7, August 16, August 30, September 27, and October 25, 1999. ACTION OF THE PLANNING COMMISSION: CUP NO. 4130 granted in part, Waiver of Code Requirement denied, Negative Declaration approved. ( PC99-191) (6 yes votes, Commissioner Boydstun absent). Mayor Daly posed a line of questions to staff revolving around his concerns relative to this being an appropriate land use, i.e. , allowing a senior apartment complex next to a motel that has been 17 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, NOVEMBER 16, 1999 problematic, the consequences if the project were to be expanded in the future, etc., which were answered by both the Planning Director, Joel Fick and Zoning Administrator, Annika Santalahti. Mr. Fick noted that all the variances requested were subsequently deleted as the project progressed as well as the fact that the matter would be returning to the Planning Commission under Reports and Recommendations. There were a number of details in the applicant’s presentation(s) that the Commission wanted to see. Further, the Planning Commission felt the project would be a benefit to the neighborhood; there is also another senior project in close proximity. Ms. Santalahti explained that the existing senior project was formerly an elementary school site. She also answered additional questions posed for purposes of clarification. Mayor Daly. He would like to set the matter for a Public Hearing and also asked that staff explore the potential of the possibility of a larger project since it is in a Redevelopment area and they are trying to clean up the street frontages; Council Member Feldhaus concurred. A Public Hearing on Item B12 will be scheduled at a later date. City Attorney White clarified for Council Member Feldhaus that although the items have a 22-day appeal period (Items B12-B19), they are on the Council agenda today since the next scheduled Council Meeting will not be until December 7, 1999. If staff waited to present the items to Council at that time, it would be too late to set any of the items for a Public Hearing since the time would have expired. However, from now until the expiration date of November 30, 1999, any two Council Members can set a matter for a Public Hearing by notifying the City Clerk and the item(s) will subsequently be set. NEGATIVE DECLARATION , WAIVER OF CODE REQUIREMENT, CONDITIONAL USE B13. 179: PERMIT NO. 2469 OWNER: Myung Skik Yun, 711 South Brookhurst Street, Anaheim, CA 92804 LOCATION: 711 and 733 South Brookhurst Street. Property is 1.73 acres located on the west side of Brookhurst Street, 120 feet north of the centerline of Stonybrook Drive ( Brookhurst Plaza Inn). Request approval of revised exhibits to remodel an existing 91-unit motel (approved for 107 units) with an accessory restaurant with sales of alcoholic beverages for on-premises consumption, including the addition of four (three 1-bedroom and one 2-bedroom) suites, a manager’s unit and the renovation of the existing restaurant with waiver of (a) minimum number of parking spaces, and (b) required landscape areas adjacent to an interior site boundary line abutting a residential zone. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 2469 approved revised plans, Waiver of Code Requirement approved, in part, Negative Declaration approved. ( PC99-19) (6 yes votes, Commissioner Boydstun absent). NEGATIVE DECLARATION, VARIANCE NO. 4377 B14. 179: OWNER: TWA-Anaheim Limited Partnership, 200 Eastlong Lake Road, Bloomfield Hills, MI 48303-0200 AGENT: Walter Kallaher and Associates, Attn: Jeff Farano, 2300 East Katella Avenue, #235, Anaheim, CA 92806 LOCATION: 105-125 South Festival Drive. Property is 85 acres located at the southwest corner of Santa Ana Canyon Road and Roosevelt Road (The Anaheim Hills Festival, Development 3). 18 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, NOVEMBER 16, 1999 Waiver of (a) minimum number of parking spaces and (b) maximum building height to construct a 4-story, 128-unit hotel. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4377 granted, Negative Declaration approved. ( PC99-193) (6 yes votes, Commissioner Boydstun absent). NEGATIVE DECLARATION, WAIVER OF CODE REQUIREMENT ,CONDITIONAL USE B15. 179: PERMIT NO. 4161 OWNER: Robert L. Siegman and Hilda L. Siegman, 1270 North Grove Street, Anaheim, CA 92806 AGENT: Paul T. Kott, Attn: Dennis McCullough, 1225 West Lincoln Avenue, Anaheim, CA 92805 LOCATION: 1260 North Grove Street. Property is 0.96 acres located on the east side of Grove Street, 575 feet south of the centerline of Miraloma Avenue. To establish an off-site automobile storage and employee parking lot for an existing automobile auction facility. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4161 granted, in part. Waiver of Code Requirement, denied. Negative Declaration approved. ( PC99-194) (6 yes votes, Commissioner Boydstun absent). NEGATIVE DECLARATION, VARIANCE NO. 4375 B16. 179: OWNER: Richard L. Johnson and Gene H. Johnson, P.O. Box 1759, Blue Jay, CA 92317 LOCATION: 516 West Chestnut Street. Property is 0.17 acres located on the south side of Chestnut Street, 220 feet west of the centerline of Harbor Boulevard. Waiver of (a) minimum dimensions of vehicle accessways , (b) minimum dimensions of parking spaces, (c) minimum number of parking spaces, (d) minimum building site area per dwelling unit, (e) required front setback, (f) required structural setback, (g) minimum recreational-leisure area, and (h) parking precluded from backing onto a public street, to construct a 3-unit apartment building on the same property with an existing 2-unit apartment building, for a total of 5 units. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4375, denied. Negative Declaration approved. ( PC99-195) (6 yes votes, Commissioner Boydstun absent). CATEGORICAL EXEMPTION-CLASS 21, CONDITIONAL USE PERMIT NO. 2231 B17. 179: OWNER: American SK Trading Company, Attn: Wenyi Zhang, 831 South Beach Blvd., Anaheim, CA 92804 AGENT: Tom and Wen Yi Zhang, 831 South Beach Boulevard, Anaheim, CA 92804 LOCATION: 831 South Beach Boulevard. Property is 0.65 acres located on the west side of Beach Boulevard, 830 feet north of the centerline of Ball Road (Rainbow Inn). To consider revocation or further modification of Conditional Use Permit No. 2231 to permit a 41-unit, 2-story motel with waiver of maximum structural height. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 2231, revoked. Categorical Exemption Class 21 approved. ( PC99-196) (5 yes votes, Commissioners: Arnold and Boydstun absent). REPORTS AND RECOMMENDATIONS: 19 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, NOVEMBER 16, 1999 ENVIRONMENTAL IMPACT REPORT NO. 321 ( PREV.-CERTIFIED), FINAL SITE B18. 155/179 : PLAN REVIEW NO. 99-04: Starwood O.C. Portfolio VII, L.L.C., Attn: Randal Bessolo, 150 N. Wacker Drive, Suite 800, Chicago, IL 60606, requests review and approval of final site plan and increase in Floor Area Ratio ( F.A.R.) to construct a 4-story office building and parking structure within the Sports Entertainment Overlay Zone. Property is located at 2045 and 2099 South State College Boulevard – Stadium Center. ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Bostwick and MOTION CARRIED (Commissioner Boydstun absent) , that the Anaheim City Planning Commission does hereby determine that the previously-certified EIR No. 321 is adequate to serve as the required environmental documentation for subject request. Commissioner Bristol offered a motion, seconded by Commissioner Napoles and MOTION CARRIED (Commissioner Boydstun absent) , that the Anaheim City Planning Commission does hereby approve the increase in FAR from 0.50 to 0.91 for this specific development proposal on this building site located within the Gateway District of the Anaheim Stadium Area Master Land Use Plan based on the evidence provided in the traffic study and the recommendation of the Traffic and Transportation Manager that the increase in FAR and corresponding increase in peak hour trips will not have significant impact on the circulation system beyond that analyzed in EIR No. 321. Commissioner Bristol offered a motion, seconded by Commissioner Napoles and MOTION CARRIED (Commissioner Boydstun absent) , that the Anaheim City Planning Commission does hereby approve Final Site Plan Review No. 99-04 for the proposed 4-story office building and parking structure as indicated in Exhibit Nos. 1 through 20 of Final Plans on the basis that the submitted site, elevation, landscaping and sign plans are consistent with the Anaheim Stadium Area Master Land Use Plan the Sports Entertainment Overlay Zone, as well as the design guidelines for that Zone. ACTION TAKEN BY THE PLANNING COMMISSION: Final Site Plan Review No. 99-04, approved as recommended by staff, EIR No. 321 approved. RECLASSIFICATION NO. 98-99-15 – REQUEST FOR A NUNC PRO TUNC B19. 179: RESOLUTION : City of Anaheim, Planning Department, 200 South Anaheim Blvd., Anaheim, CA 92805, requests a nunc pro tunc resolution to correct Resolution No. PC99-151 adopted in connection with the approval of Reclassification No. 98-99-15. Property is located at 926 South Beach Boulevard – Lyndy’s Motel and Restaurant. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 98-99-15, request for a nunc pro tunc Resolution approved. ( PC99-190). Mayor Daly recommended that the Council consider Item D3. before Item D1. since it would undoubtedly be of short duration. PUBLIC HEARING - ABANDONMENT NO. 99-7A : D3. 176: In accordance with application filed by James J. Rodriguez, et al, 900 West Broadway, Anaheim, CA 92805, a Public Hearing was held on the proposed abandonment of a portion of the alley located south of Broadway, between Ohio Street and Indiana Street, pursuant to Resolution No. 99R-210 duly published in the North Orange County News and notices thereof posted in accordance with law. Report of the City Engineer dated September 27, 1999 was submitted recommending approval of said abandonment. 20 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, NOVEMBER 16, 1999 At their meeting of October 19, 1999, the Anaheim City Council adopted Resolution No. 99R-210 declaring its intention to vacate certain public streets, highways and service easements and setting a date and time to consider the subject abandonment. Natalie Meeks , Civil Engineer, Public Works. This abandonment was requested by adjacent property owners since the area is no longer needed for circulation. Staff is recommending approval and is working with Redevelopment to fence off the area to prevent loitering. She clarified for the Mayor that the alley would eventually become a part of the residential properties – one-half of the property going to the owners on Broadway and one-half to those on Ohio. 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 – CATEGORICAL EXEMPTION : On motion by Mayor Daly, seconded by Council Member Kring , the City Council determined that the proposed activity fall within the definition of Section 3.01 Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, Categorically Exempt form the requirement to file an EIR. Council Member McCracken was absent. MOTION CARRIED. Mayor Daly offered Resolution No. 99R-234 for adoption. Refer to Resolution Book. RESOLUTION NO. 99R-234 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS (ABANDONMENT NO. 99-7A). Roll Call Vote on Resolution No. 99R-234 for adoption: AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, Daly NOES: MAYOR/COUNCI L MEMBERS : None ABSENT: MAYOR/COUNCIL MEMBERS : Mc Cracken The Mayor declared Resolution No. 99R-234 duly passed and adopted. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 4135, NEGATIVE D1. 179: DECLARATION AND WAIVER OF CODE REQUIREMENT OWNER: Joseph T., Emma W., Roger and Randy Jung, 20866 East Quail Run Drive, Diamond Bar, CA 91789 Location: 5555-5665 East Santa Ana Canyon Road. Property is 5.03 acres located at the northwest corner of Santa Ana Canyon Road and Imperial Highway (Imperial Canyon Shopping Center). To construct 1 retail pad building with roof-mounted equipment, subdivide one unit into an office and retail unit (for a total of 2 units), and amend conditions of approval pertaining to permitted monument signs and maximum number of units in an existing commercial center with waiver of (a) minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP No. 4135 approved in part, denied request for freestanding retail pad Building Y with roof- mounted equipment. (6 ayes, 1 vacant seat) Negative Declaration approved. Waiver of Code Requirement approved. Informational item from the November 2, 1999 meeting, Item B5. Letter of appeal submitted by owner. 21 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, NOVEMBER 16, 1999 PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News : November 4, 1999 Mailing to property owners within 300 feet : November 4, 1999 Posting of property : November 5, 1999 Annika Santalahti , Zoning Administrator briefed the Staff Report to the Planning Commission dated October 11, 1999 which outlined the subject proposal as well as the actions of the Planning Commission in approving Conditional Use Permit No. 4135, in part, but denying the request for a freestanding retail pad (Building Y) with roof-mounted equipment. She clarified for the Mayor that the Commission also approved expansion of Don Jose’s Restaurant, denied the request to amend the signage thereby leaving it as is, and approved the parking waiver. Mayor Daly opened the Public Hearing and asked first to hear from the applicant or applicant’s agent. Applicant’s Statement : Mr. Joseph Kung requested that the residents speak first because they had to leave. Stefanie Perry, 5949 E. Avenida Arbol , Anaheim representing Concerned Citizens of the Canyon stated they have taken the time to review the proposal for Building Y and have talked to many residents. They find that proposed Building “Y” is an acceptable use. It is a single-story building and will not affect the residents behind the center. To their knowledge, those residents are not opposed to the extra building. They are asking the Council to reconsider the decision of the Planning Commission and allow Mr. Kung to build the building. Relative to their feeling on the signage request (questioned by Mayor Daly), the existing signage is on Avenida Margarita and only residents or people going to the Post Office can see the sign. She does not see a problem nor do the residents allowing Mr. Kung to put a sign at the intersection (Imperial and Santa Ana Canyon Road.) Joseph Kung, Applicant, owner of Imperial Canyon Shopping Center. He first submitted material entitled – Anaheim Hills Imperial Canyon Shopping Center – Video Camera Traffic Study – Surrounding Street View – made a part of the record. (The first three pages consisted of colored photos with appropriate descriptive narrative; two site plans of the Imperial Canyon Center, one revised April 18, 1999 and one revised September 28, 1999; letter from Mr. Kung dated 12/8/98 to David See, Planning and Alfred Yalda , Traffic Engineer; enlarged site plan showing only a portion of the center including Building Y, and letter dated October 29, 1999 from Yunus Rahi , Mr. Kung’s Traffic Engineer.) In the second Public Hearing before the Planning Commission, it was very late when his item was considered and the Planning staff asked which three signs he wanted. Without thinking, he dropped the corner sign and subsequently his tenant told him he wanted the corner sign. That is why he came back to ask for the corner sign and drop the Avenida Margarita sign. Both the second and last staff report suggested dropping the one at the main entrance (Santa Ana Canyon Road - SACR). Staff never objected to the one on the corner. He is asking for signs at the three locations and dropping the one at Avenida Margarita. If not, he will drop the main entrance sign ( SACR) which is per staff recommendation. Mr. Kung then briefed his eight-page submittal in detail (see narrative pages 1, 2 and 3 of his submittal) emphasizing what he considers key issues, one being that his Traffic Engineer (see letter dated 10/29/99) certified that the new entrance to an existing shopping center will not generate additional customer traffic. Instead of the video which he had previously wanted to show to the Council, he is trying to show/explain in his submittal the traffic flow pattern. In particular, he requested that the Council read the letter by his Traffic Engineer. In continuing his extensive and detailed presentation, Mr. Kung explained what occurred at the previous Planning Commission hearings, his contacts with staff and what occurred, and briefed portions of three sets of documents, i.e., staff reports of January 20 regarding his first application, July 7, 1999, the second rejection and October 11, 1999, the third rejection. He also outlined the differences between each of his proposals and also read what he believed to be conflicting statements. 22 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, NOVEMBER 16, 1999 In concluding, Mr. Kung stated his latest application is much better than the second approval. He dropped the restaurant, creating less demand on traffic and the same amount of parking. If the Commission approved the second proposal, he questioned why did they reject the third proposal. He urged the Council to reconsider the matter. The reason he needs the approval, on the new entrance, he will be obligated to pay over $80,000 according to arbitration plus all the improvements and the construction costs coming close to $150,000. He questioned why he should spend that money without any benefit. It creates only nine trips an hour according to the formula while a restaurant requires more. His proposal is for the benefit of everyone and he again asked their reconsideration of the application. Jim Francise, 5574 E. Edgemar Ave., Anaheim. He lives behind the center. He wished he had the opportunity of meeting the other residents before they left especially to question the comment about the neighbors not being concerned. Stefanie Perry does not live in the area. He is convinced the proposal is going to make the neighborhood worse. Santa Ana Canyon Road is always congested with cars and to put in an extra cut will add to that as well as the extra square footage proposed. He does not believe much more can be added to the center. When everything closes, restaurant workers and office workers “hang out” in the center late at night and the neighbors have had to call the Police. He was pleased that the two-story building proposal “disappeared” and would like to see the same for Building “Y”. He clarified he was speaking on behalf of the neighborhood. He further clarified for the Mayor that he does not see any harm in expanding Don Jose’s, he does not see how the parking waiver was approved, they are opposed to the sign relocation and are definitely opposed to Building Y. Applicant’s Closing Statement : Joe Kung. He believes he has resolved the traffic problem. The traffic on Avenida Margarita is from the Post Office and not his shopping center. The hours of working, the number of parking spaces and the trips are very much within the tolerance. He is going to eliminate the canopy of the bank which will gain 20 parking spaces. The new building will have additional spaces surrounding it. The whole proposal is a positive and not a negative. Mayor Daly closed the Public Hearing following which questions were posed to staff by Council Members regarding signage and parking which were answered by Ms. Santalahti ; Council Member Feldhaus also referred to the letters received with complaints regarding the center referring to congestion, lack of parking, unsanitary conditions behind one of the restaurants, opposition to the new building, etc., which Mr. Kung addressed stating they try to keep the center as clean as possible and answer any concerns as soon as possible but these have nothing to do with Building Y. At the conclusion, Mr. Fick, the Planning Director stated that staff is in agreement this is not a parking space issue. The larger issue staff has focused on is the access way through the site in proximity to the existing or proposed Building Y would only be 2’ away. In addition, the two drive-through lanes for the bank would be dumping into that one-way 12’ access way coming in off Imperial. It is purely a site- design issue that Mr. Kung is trying to work in between two buildings that staff feels is too tight. The driveway can be constructed with or without Building Y and has been OK’d by the City. The transaction is still being finalized. A driveway on Imperial in that location has already been approved by Public Works. Council Member Tait . Once the driveway enters the center, he believes, is the problem. He asked staff if they had any comments. John Lower, Traffic and Transportation Manager. If it is a question of is there a need for the internal driveway to extend through to Building Y, the answer is yes. Without it, traffic entering from Imperial would be forced to make either a right or left turn creating potential conflicts with vehicels in the parking spaces backing out and delaying the vehicles entering the center and backing up traffic onto Imperial. Council Member Kring asked if there was another place to put Building Y – the same location but “pushed” somewhere else so it does not create the narrowness that is of concern; Annika Santalahti. From a Zoning point of view there is a bit but the setback requirement to single family residential would make it difficult if it is moved further west. She assumes that Mr. Kung has looked at other possibilities. 23 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, NOVEMBER 16, 1999 Joe Kung. This is the first time he ever heard about being 2’ too narrow. He can easily extend 4’ to 5’ by just cutting down on the other side – the Wells Fargo Bank side – shifting the driveway; Mr. Fick clarified he said it is 2’ from the proposed building. Mayor Daly. Generally on such a prominent location, they have detailed plans. He asked if there is a rendering of the building. (Ms. Santalahti presented a drawing to the Council.) Coucil Member Kring stated she would like to send Mr. Kung back to the Planning Department to work on the signs and the site of the building; Mayor Daly questioned whether they will then again spend two hours on the issue. He feels Mr. Kung owes it to the City to provide a specific description of what he intends to build. Council Member Kring . She would like to continue the matter and have Mr. Kung work with Mr. Fick and his staff to come up with a workable agreement; Council Member Feldhaus. He wants it sent back to the Planning Commission. Mayor Daly. He is concerned that, for such a prominent corner, there is no architect or engineer who has ever talked to Planning staff about what the building will look like. They should ask that a licensed architect and licensed engineer be a part of the design process so that everyone knows what is on the table. Perhaps the whole thing could go back to the Planning Commission ; Ms. Santalahti. Staff could discuss revised plans and take revisions back to the Planning Commission for the Commission to make a recommendation to the Council for a final decision. Council Member Kring asked Mr. Kung if he would be willing to work with the Planning Commission ; Mr. Kung stated that all his drawings were done by professional engineers and reviewed and accepted by the City. Jim Francise. This issue has been going on for a very long time and the citizens are getting worn out. He asked if they will have to talk to the Planning Commission next or come to the Council’s next meeting; Council Member Feldhaus suggested he check with the City Clerk’s office to find out when it will be back on the Council agenda. City Attorney White. The matter can be referred back to the Planning Commission for a recommendation, but the final decision will be made by the Council since jurisdiction is now in the hands of the Council; Ms. Santalahti stated she feels it should be continued until the first meeting in January. MOTION. Council Member Feldhaus moved to continue Conditional Use Permit No. 4135 to January 11, 2000. Council Member Kring seconded the motion. Before a vote was taken, Mayor Daly asked, for clarification purposes, what the Council would like to see happen between now and January 11, 2000. He surmises they want the proposal to go back to the Planning Commission and set on their calendar and have Mr. Kung work through the details with Planning staff as to where there is disagreement; there was Council consensus. Mayor Daly. He noted nobody has spoken about wanting to have details on the architecture before a vote. They don’t have specific architectural guidelines for this part of Anaheim Hills. The staff report mentions concern about lack of architectural details. He questioned how is Mr. Kung to know what will make the Planning staff happy and ultimately the Council when designing a building. Joel Fick . In this instance, staff recommended the building as proposed was not appropriate. On a project like this they would typically be looking for building compatibility. There have been a number of revisions on this particular site plan and he would have to talk to the Planners invovled for their input. He believes that is the level of detail that should be demonstrated by the applicant ; Mayor Daly. He expressed concern that Mr. Kung is disputing staff. Staff should put in writing what he (Kung) needs to 24 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, NOVEMBER 16, 1999 do to meet good planning in the eyes of the Planning Commission. Either they are going to have architectural suggestions or it is going to be complete free enterprise. Having a “gray” area does not work. If the Council approves this project tonight, they will not even know what it was going to look like. Council Member Tait . Staff recommended denial in part because detail designs were not submitted. Staff is saying they don’t like the project for a few reasons, one being circulation. He has problems with that as well. He would not be unwilling to send this back for a continuance to see if there is something Mr. Kung can do with staff to make this work. Joel Fick . Typcially on proposals, staff would be getting more detailed architectural drawings. Typically that is what Planning Commission and Council would receive. Historically, the Planning Commission and Council have not wanted to move into that area. If the Council wishes to do so they can do that. After additional discussion between Council Members and Mr. Fick, Ms. Santalahti suggested in this case what staff can do when it comes back to the Planning Commission, they can send out notices of that th meeting. While it may be December 6 , it may be the following meeting which will still be OK to meet the January 11, 2000 hearing date before the Council. A vote was then taken on the foregoing motion continuing the Public Hearing to January 11, 2000. Mayor Daly voted no for reasons previously stated in the discussion. Council Member McCracken was absent. MOTION CARRIED. Later in the meeting, Mayor Daly, again addressing the subject of architectural details, stated he believes that applicants abuse the process. He does not think there is a majority of the Council that is even close to wanting design review. However, if there is a majority of the Council that does not want any architectural detail, or if they want some architectural detail, or to have staff recommend a certain amount of architectural detail, he would like to know that so they can be as clear as possible. What annoyed him about the foregoing hearing was Mr. Kung saying he had not heard parts of staff’s analysis. It should be “black and white” as to what documents he was asked to submit and did not submit. In a city the size of Anaheim, it seems to him, some type of architectural renderings are reasonable for a shopping center owner to submit but if the Council does not want those, they should decide that as Council policy. Council Member Tait . He would like flexibility. He agrees relative to this intersection but if a small industrial park , he would not like to have the same standard apply. CONDITIONAL USE PERMIT NO. 4133, NEGATIVE DECLARATION D2. 179: OWNER: Lawrence A. Greco, P O Box 6605, Woodland Hills, CA 91365-6605 AGENT: Richard Garcia, 1687 West Lincoln Avenue, Anaheim, CA 92801 LOCATION: 1695 West Lincoln Avenue. Property is 0.44 acres located at the northeast corner of Euclid Street and Lincoln Avenue. To permit an auto repair, auto body and paint facility. ACTION TAKEN BY THE PLANNING COMMISSION: CUP No. 4133 granted, to expire December 31, 2001 (5 yes votes, Commissioners : Bostwick, Boydstun, Bristol, Napoles, Vanderbilt. 1 nay, Commissioner Koos and 1 vacant seat) Negative Declaration approved. Informational item from the October 19, 1999 meeting, Item B1. Set for public hearing by Council Member Feldhaus and Mayor Daly. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News : November 4, 1999 Mailing to property owners within 300 feet : November 4, 1999 Posting of property : November 5, 1999 25 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, NOVEMBER 16, 1999 Mayor Daly. The reason he requested that the matter be set for a Public Hearing, Planning staff recommended an expiration date of September, 2000 and the Planning Commission granted the CUP to expire December 31, 2001. He is suggesting that because of the background history at this corner where there has been blatant disregard of the City’s zoning and frequent Code Enforcement activities, that the time period not extend until December 31, 2001. He is willing to split the difference and is going to suggest that expiration be July 1, 2001. All the other conditions he believes are fair and reasonable. The Planning Commission asked Planning staff to review the potential of rezoning this section of Lincoln Avenue. This is a neighborhood in transition. He feels for that reason, they need to be conscious in extending a use that has been a problem. The bottom line for him, he is suggesting that the CUP be extended until July of 2001. Council Member Feldhaus . He suggested during the interim period, that they contact the Community Development Department to see if they could help the business find a spot to relocate that would be suitable for the operatioin of the business. In their letter, they state they need at least two years from the date of approval. He questioned why they would spend the money to make improvements if approval is for only one year and then the business would have to leave. Financially it is not feasible to make all the improvements and then stay only for one year. He did advise the petitioner to contact Community Development and find another location. There was a promise they would not have vehicles parked outside at night. However, when he went by the business on Sunday, he noted two vehicles parked outside facing Euclid. Mayor Daly. He asked Council Member Feldhaus if he was comfortable with the December 31, 2001 extension granted by the Planning Commission. Planning staff recommended one year. If he ( Feldhaus) is comfortable with two years, he will withdraw his suggestion. Council Member Feldhaus . The applicant is claiming they need two years. If they don’t have to make all the improvements, then he feels the 1 ½ years as suggested by the Mayor is fine; Council Member Kring would like to hear from the applicant. She has a problem with Condition 14. Mayor Daly opened the Public Hearing and asked first to hear from the applicant or applicant’s agent. Applicant’s Statement : Mr. Richard Garcia, 522 Brigante Drive, Diamond Bar, President of Auto Trend International. His request for a two-year CUP is based upon the improvements that he is willing to make on the property which he has already started. He has stopped parking vehicles overnight on the lot. The lot is open to the public in the evenings. If someone parks there, he has no control over that although he has signs posted requesting that they do not do so or will be towed away. Last year his business did a little over $2.7 million in sales. He has 20 full-time employees , he provides their medical insurance, a great percentage live in Anaheim. He spends over $1.5 million in local stores in Anaheim. He asked their approval of the Planning Commission’s two-year extension to December 31, 2001. Council Member Feldhaus . They appreciate his business and its success and that is the reason why he suggested the applicant talk to Community Development. He asked if Mr. Garcia was still negotiating with Caltrans ; Mr. Garcia. Caltrans has said it will be 18 months to two years before they open up the property for bidding. He has also been talking to the Commercial Division of Paul Kott Realtors of Anaheim. His business has to be within a certain area in order to keep his contract. Council Member Kring . Relative to Condition 14, the applicant said the expense of removing one of the driveways would be far too costly for only a two-year period ; Joel Fick. He clarified that the Planning Commission upon hearing the full Public Hearing and considering the nearby freeway improvements, they deleted Condition 13 and 14 from their resolution. Mayor Daly closed the Public Hearing. 26 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, NOVEMBER 16, 1999 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 on the environment. Council Member McCracken was absent. MOTION CARRIED. Roll Call Vote on Resolution No. 99R-235 for adoption: AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, Daly NOES: MAYOR/COUNCIL MEMBERS : None ABSENT: MAYOR/COUNCIL MEMBERS : Mc Cracken The Mayor declared Resolution No. 99R-235 duly passed and adopted. COUNCIL COMMENTS: Council Members extended their condolences to Council Member McCracken and her family and friends on the passing of her mother, Marian Elizabeth Heimann; Council Member Tait asked that they adjourn the meeting in memory of Mrs. Heimann. * * * * * * * * * * * * * * * * * * * * Mayor Daly and Council Members wished everyone a happy and healthy Thanksgiving Day! * * * * * * * * * * * * * * * * * * * * Mayor Daly and Council Member Feldhaus reminded the citizens and the public of the Third Nutcracker Holiday Festival and Annual Christmas Tree Lighting which will take in the public square in front of the Disney Ice facility on Friday, December 3, 1999 starting at 5:00 P.M. with the actual tree lighting to take place at approximately 6:15 P.M. They also described some of the events that will take place at the Festival. ADJOURNMENT: By general Council consent, the City Council Meeting of November 16, 1999 was adjourned in memory of Council Member Shirley McCracken’s mother, Marian Heimann (9:40 P.M.). No Council Meetings are scheduled for November 23 and November 30, 1999. The next scheduled City Council Meeting is December 7, 1999. 27