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1996/08/20CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES AUGUST 20, 1996 The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Tom Tait, Bob Zemel, Frank Feldhaus, Lou Lopez, Tom Daly COUNCIL MEMBERS: None ASSISTANT CITY MANAGER: Dave Morgan CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl PLANNING DIRECTOR: Joel Fick BUDGET MANAGER: Jeff Stone UTILITIES GENERAL MANAGER: Edaghjayan A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 9:45 a.m. on August 16, 1996 at the Civic Center Kiosk, containing all items as shown herein. Mayor Pre-Tern Lopez called the meeting to order at 3:48 p.m. 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 arc to be considered at the Closed Session. 1. CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Dave Hill Employee organization: Anaheim Fire Association. 2. CLAIMS: Names of Claimants: Jenny Silva. Agency claimed against: City of Anaheim (Mayor Daly arrived at the meeting. 3:50 p.m.) MOTION. On motion by Council Member Feldhaus, seconded by Mayor Prc-Tem Lopez, the Council recessed into Closed Session. Motion Carried (All Ayes) (3:50 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. ( 5:30 p.m.) INVOCATION: Reverend Bryan Crow of the Anaheim Garden Church, gave the invocation. FLAG SALUTE: Council Member Frank Feldhaus led the assembly in the Pledge of Allegiance to the Flag. CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES AUGUST 20, 1996 119: PRESENTATIONS of a reward check to Nadia Maria Seitzinger for the apprehension of a graffiti vandal. John Poole, Code Enforcement Manager introduced Ms. Seitzinger, and explained that the information she related led to the arrest of two graffiti vandals, who had been responsible for graffiti previously and were on probation. He explained that the vandals will be required to correct the vandalism and there will be restitution of the reward money. The Program since its inception in 1989 has paid out 171 rewards. The Mayor and Council Members thanked Ms. Seitzinger for her public service. 119: PROCLAMATION recognizing the Bronco All Stars on winning the PONY Baseball Wodd Sedes. The Coaches and entire team were introduced and each received a "Flying A' certificate in congratulations. 119: PROCLAMATION recognizing the Anaheim PONY Pinto Team on winning their Wodd Series Championship. The Coaches and entire team were introduced and each received a "Flying A" certificate in congratulations. 119: DECLARATION recognizing the 10th Anniversary of the Cherokee Mobile Home Park as a tenant owned Park. Carol Stanley accepted the declaration which she will share with tenants at the celebration. 119: RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: 1. DECLARATION recognizing Ray Van De Warker on his retirement from Disneyland. 2. PROCLAMATION recognizing October 1996 as Independent Living Month. 3. PROCLAMATION recognizing August 31, 1996 as Fill the Boot Day in Anaheim. 4. DECLARATION recognizing the 150th Anniversary of tl~e State of California. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,665,801.48 for the period ending August 16, 1996, in accordance with the 1996-97 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (6:05 p.m.) Mayor Daly reconvened tl~e City Council Meeting (6:08 P.M.) ADDITIONS TO THE AGENDA: Jack White, City Attorney reported that Staff is recommending one item be added to the agenda, Final Map and Subdivision Agraement for Tract No. 15073. He noted that the facts supporting the finding that this may be added to the Agenda, under the Brown Act, are as follow: That the owner/developer was unaware that the City Council would, meet on August 27 or September 3, 1996, until after the agenda for the August 20th meeting had been prepared and posted. A delay for approval of this item until the next 2 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES AUGUST 20~ 1996 regular City Council meeting on September 10, 1996 would prejudice the owner by delaying construction and sale of the housing units constituting a financial hardship on the owner. It is therefore Staff's recommendation that this item be added to this Agenda's Consent Calendar as Item No. A17a. Motion was made by Mayor Daly, seconded by Council Member Feldhaus, to add the Final Map and Subdivision Agreement for Tract No. 15073 to the August 20, 1996 Council Agenda as Item A17a on the Consent Calendar. Motion Carried (All ayes) ITEMS OF PUBLIC INTEREST: Anaheim City School Distdct Board Member Todd Kaudy requested a meeting to discuss the overcrowding of schools and possible solutions. Mr. Kaudy was advised that the City Manager's Office has scheduled a meeting with the School Superintendent later this week, and expects to work together on this issue. PUBLIC COMMENTS - AGENDA ITEMS: Public input was received on items A11 and A18. See discussion under those items. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of August 20, 1996. Council Member Lopez seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Dely, seconded by Council Member Feldhaus, the following items were approved in accordance with the reports, ce[tifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Mayor Daly offered Ordinance Nos. 5575 and 5573 for adoption, and Ordinance Nos. 5576 and 5577 for introduction. Refer to Ordinance Book. Al. A3. 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 Kathleen Yvonne $chmuck for property damage sustained purportedly due to actions of the City on or about June 24, 1996. b. Claim submitted by TH-Precision Sheetmetal Inc. for property damage sustained purportedly due to actions of the City on or about April 22, 1996. c. Claim submitted by Evelyn Roper for property damage sustained purportedly due to actions of the City on or about October 11, 1995. 105: Receiving and filing minutes of the Senior Citizens Commission meeting held July 11, 1996. 105: Receiving and filing minutes of the Community Services Board meeting held July 11, 1996. 105: Receiving and filing the Investment Portfolio Report Executive Summary as Submitted by the City Treasurer for the month of July, 1996. 123: Approving an Agreement with Southern Pacific Transportation Company (SPTC), in an amount not to exceed $2,975.00, for a right-of-entry fee for sewer construction/underground pipeline for the Houston Street sewer relocation within the I-5 Freeway widening project. CITY OF ANAHEIM~ CALIFORNIA -,COUNCIL MINUTES AUGUST 20~ 1996 A4. 123: Approving Agreements with Dames and Moore Corporation, and Willdan and Associates to provide construction inspection services for City projects. A5. 123: Approving an Agreement with the California Department of Transportation (Caltrans), for Street Lighting Utility Agreement, for the Santa Ana Freeway (I-5), Segment E-l; and authorizing the Mayor to execute the subject Agreement. A6. 123: Approving an Agreement with the California Department of Transportation, Distdct Agreement No. 12-278, for betterment improvements on the I-5 Freeway widening Segment B1 project; end authorizing the Mayor and City Clerk to execute subject Agreement. A7. 106: Amending the Department of Public Works Capital Improvement Program budget for FY 96/97, to add the recently approved OCTA Measure M Signal Improvement Program projects by increasing appropriations in revenue and expense accounts of Program T375 (Traffic Systems Management) by $727,200. A8. 123: Approving a License Agreement (Lease No. 717434) with Southern Pacific Transportation Company (SPTCO), in the amount of $2,975, for the dght to construct, reconstruct, maintain and operate a 12-inch water pipeline within a 30-inch steel casing in the SPTCO Right-of-way near the I-5 and Gilbert Street, as part of the I-5 Segment E Water Facilities Relocation Project, and authorizing the Public Utilities General Manager to execute the Agreement. A9. 174: Approving the revised Citizen Participation Plan for Federal Entitlement Programs funded by the U.S. Department of Housing and Urban Development. Al0. 123: Approving an Agreement with City Paper and Metal Co., Inc., for the sale of salvage electrical equipment; and authorizing the Public Utilities General Manager, on behalf of the City, to execute said Agreement and any related documents necessary for the administration of the Agreement. (Continued from the meeting of August 6, 1996, Item A14). All. 171: ORDINANCE NO. 5575: (URGENCY) AN ORDINANCE OF THE CITY OF ANAHEIM FIXING AND LEVYING A PROPERTY TAX ON FULL CASH VALUE OF ALL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF ANAHEIM FOR THE FISCAL YEAR 1996/97, DECLARING THE URGENCY THEREOF, AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT AS AN EMERGENCY MEASURE. Since Item A11 is an urgency ordinance, prior to discussion, the City Clerk read the Ordinance in full. Mr. Rizzuto, 1217 S. Walnut St., questioned Item A 11, fixing the property tax level for the fiscal year 1996/97, specifically as to whether this was an increase over last year. The City Attomey reported that the City Council is required to adopt a similar ordinance each year as a result of general obligation bonds approved by the electorate in 1980, in the amount of $10 million. This year the total would amount to $9.76 on a dwelling assessed at $200,000. Responding to query by Council Member Tait, City Attorney Jack White advised that on November 4, 1980, the voters approved the issuance of $10 million dollars in general obligation bonds. Proposition 13 allows the city to specifically adjust properly taxes each year to help pay for the 30-year bond issue. If this tax adjustment were not enacted, the City would remain obligated to make the payment. Jeff Stone, Budget Manager explained that this year the tax rate is projected at $4.88 per $100,000 assessed valuation, which is an 81-1/2 cent increase from last year. The bonds were issued for 30 years, and there are 14 years left. Council Member Tait stated he would support this action if there were no increase in the tax rate over last year. Council Member Zemel indicated he also was not willing to approve an increase, and questioned what would happen if it were approved at the same level as last year. 4 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES AUGUST 20~ 1996 The response was that the City's General Fund would have to pay the difference, When roll call vote was initially taken, both Council Members Tait and Zemel voted No. The City Attorney ruled that the Urgency Ordinance was not adopted as it requires a minimum of four supporting votes. Further discussion ensued during which Council Member Zemel indicated he would withdraw his ~No" vote on item All, however he voiced the opinion that in the future this item should be stated as a 'bond obligation" and not labeled as a 'property tax.' Council Member Zemel also indicated that perhaps next year the Staff and Council might be more proactive and look at this issue when the Budget is considered, and if there are sufficient funds, might hold this tax increase down, or at the same level. The final roll call vote was taken and was as shown below for Ordinance No. 5575. A12. 184: Reviewing the need for continuing the Ninth Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on January 2, 1996, concerning the Santiago Landslide and Pegasus Landslide in the City of Anaheim; and taking no action to terminate the iocel emergency at this time. A13. 112: ORDINANCE NO. 5576: (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 1.10 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO TRANSFER OF PUBLIC RECORDS. A14. 179: ORDINANCE NO. 5577: (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM REZONING PROPERTY AT 1400 SOUTH DOUGLASS ROAD FROM THE RS-A- 43,000 (MHP) (RESIDENTIAL/AGRICULTURAL, MOBILEHOME PARK OVERLAY) ZONE TO THE RS-A-43,000 (RESIDENTIAL/AGRICULTURAL) ZONE (RECLASSIFICATION NO. 94-95- o6). A15. 123: Approving the Lease Agreement between the Anaheim Police Department and Corona Chevrolet for an Astro van to be equipped as a 'show quality" car for the D.A.R.E. program. Council Member Zemel briefly questioned the origin of the donation of a car for $1 per year and asked that the dealer be thanked on behalf of the Council for the generosity to the D.A.R.E. program. A16. 107: ORDINANCE NO. 5573: AN ORDINANCE OF THE CITY OF ANAHEIM DELETING FROM THE ANAHEIM MUNICIPAL CODE SECTION 15.02.111 OF CHAPTER 15.02 OF TITLE 15, WHICH SECTION AMENDED A PROVISION OF ARTICLE 100 OF THE NATIONAL ELECTRICAL CODE, 1993 EDITION, DEFINING 'QUALIFIED PERSON." (CONTINUED FROM THE MEETING OF AUGUST 13, 1996, ITEM A9.) A17. 114: Approving minutes of the City Council meeting held August 6, 1996. A17a. 170: Approving Final Map and Subdivision Agreement, Tract NO. 15073 and authorizing the Mayor and City Clerk to execute said documents. Roll Call Vote on (Urqency) Ordinance No. 5575 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: Zemel, Feldhaus, Lopez, Daly MAYOR/COUNCIL MEMBERS: Tait MAYOR/COUNCIL MEMBERS: None The Mayor declared Urgency Ordinance No. 5575 duly passed and adopted. 5 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES AUGUST 20~ 1996 Roll Call Vote on Ordinance No. 5573 for adoption: AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5573 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. A18. UNIVERSAL TELECOMMUNICATIONS SYSTEM PARTNERSHIP(UTS): To consider the following actions recommended by the Telecommunications Policy Advisory Committee at their meeting of August 15, 1996. Public Utilities General Manager Edward Aghjayan gave a video presentation detailing the proposed partnership and its benefits to the City ( A copy of the slide show matedal is on file in the office of the City Clerk). Mayor Daly and Council Member Tait commended Mr. Aghjayan, his staff and the Committee for their efforts; the benefits to the City were expected to be substantial. Comments on the proposed partnership and the telecommunications system were received from: Joe Dale, 909 Nordica Avenue, Anaheim; Ray Dore, Fujitsu, 1980 Miraloma Avenue, Anaheim; and Jeff Kirsch, 2661 W. Palais Rd., Anaheim. All expressed support for Item A 18, the proposed Universal Telecommunications System Partnership. Concerning the authorization for the Utilities General Manager to sign agreements, Mayor Daly questioned and was assured that the major, detailed contract with SpectraNet will be sheduled on City Council agenda for review and approval by the Council MOTION: was made by Mayor Daly, seconded by Mayor Pre Tern Lopez finding that the Business Understanding (Attachment A) and the Development Fee Understanding (Attachment B) (collectively, the Agreements) among the City of Anaheim and SpectraNet International (SNI/SpectraNet Anaheim (SNA) are statutorily exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15262 of the Code of California Regulations. Motion Carried. (All Ayes) MOTION: was made by Mayor Daly, seconded by Council Member Zemel to approve the proposed Business Understanding (labeled Attachment A) and the proposed Development Fee Understanding (labeled Attachment B) collectively, the Agreements among the City of Anaheim and SpectreNet International. Motion Carried (All Ayes) MOTION: Motion was made by Mayor Daly, seconded by Council Member Zemel to authorize the Public Utilities General Manager to execute the Agreements and any related Agreement, for the Universal Telecommunications System (UTS) Partnership. Motion Carried (All Ayes) CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES AUGUST 20~ t996 ITEMS B1 - B3 FROM THE ZONING ADMINISTRATOR MEETING OF: AUGUST 1, 1996 DECISION DATE: AUGUST 8~ 1996 INFORMATION ONLY- APPEAL PERIOD ENDS: AUGUST 23, 1996 BI. 179: TIME EXTENSION FOR CONDITIONAL USE PERMIT NO. 3633 AND NEGATIVE DECLARATION IPREVlOUSLY APPROVED) OWNER: Harvey S. Owen, P.O. Box 308, Buena Park, CA. 90621 LOCATION: 1732 South Euclid Street. Property is a rectangularly-shaped parcel of land consisting of approximately 0.55 acre, having a frontage of approximately 103 feet on the east side of Euclid Street, having a maximum depth of approximately 300 feet north of the centedine of Katella Avenue. To amend a condition of approval pertaining to time limitation to allow on-premises sale and consumption of alcoholic beverages within an existing restaurant. ACTION TAKEN BY THE ZONING ADMINISTRATOR: TIME EXTENSION FOR CUP NO. 3633 APPROVED (ZA Decision 96-18), to expire Mamh 16, 1997. APPROVED Negative Declaration. B2. 179: CONDITIONAL USE PERMIT NO. 3858 AND NEGATIVE DECLARATION OWNER: Frank Cozza, Sr., 2170 West Ball Road, Anaheim, CA. 92804 LOCATION: 2170 West Ball Road. Property is a rectangularly-shaped parcel of land consisting of approximately 1.07 acres, having a frontage of approximately 110 feet on the south side of Ball Road, having a maximum depth of approximately 427 feet and being located approximately 230 feet east of the centerline of Brookhurst. To peri'nit a 1,080 square foot expansion to an existing restaurant with on-premises sale and consumption of alcoholic beverages. ACTION TAKEN BY THE ZONING ADMINISTRATOR: CUP NO. 3858 GRANTED (ZA Decision 96-19). APPROVED Negative Declaration. REPORTS AND RECOMMENDATIONS: B3. 179: ADMINISTRATIVE ADJUSTMENT NO. 0106, CATEGORICALLY EXEMPT, CLASS-3 OWNER: Gene Wilson, 751 Lantree Lane, Anaheim, CA. 92807 LOCATION: 6411 East Via Arboles. Property is a rectangularly-shaped parcel of land consisting of approximately 0.16 acre, having a frontage of approximately 58 feet on the north side of Via Arboles, having a maximum depth of approximately 126 feet and being located approximately 320 feet east of the centertine of Ramsgate Drive. Waiver of maximum structural height to construct a 3,400 square foot single family residence (25 feet permitted; and 27 feet, 6 inches proposed). ACTION TAKEN BY THE ZONING ADMINISTRATOR: ADMINISTRATIVE ADJUSTMENT NO. 0106 APPROVED (ZA Decision 96-20). END OF THE ZONING ADMINISTRATOR ITEMS OF AUGUST 1, 1996. CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES AUGUST 20~ 1996 ITEMS B4 - B7 FROM THE PLANNING COMMISSION MEETING OF: AUGUST 5~ 1996 INFORMATION ONLY-APPEAL PERIOD ENDS: AUGUST 27. 1996 B4. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3854 AND NEGATIVE DECLARATION: OWNER: RHRHM Inc., 1717 South Chestnut Avenue, Fresno, CA. 93720 AGENT: REVEREND JOSEPH P. SONG, 8451 Larson Street, #2, Garden Grove, CA. 92644 LOCATION: 2283 West Lincoln Avenue. Property is a rectangularly-shaped parcel of land consisting of approximately 0-.41 acres, having a frontage of approximately 80 feet on the north side of Lincoln Avenue and located approximately 195 feet west of the centerline of Monterey Street. To permit a church in an existing office complex with waivers of minimum setback for institutional uses abutting a residential zone boundary and minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP 3854 WITHDRAWN by the Applicant. B5. 179: WAIVER OF CODE REQUIREMENT~ CONDITIONAL USE PERMIT NO. 3656 AND NEGATIVE DECLARATION (PREVIOUSLY ADVERTISED): OWNER: RALPH SLATON, 2660 West Lincoln Avenue, Anaheim, CA. 92801 AGENT: RAMLISH PATEL, 2662 West Lincoln Avenue, Anaheim, CA. 92801 LOCATION: 2662 North Lincoln Avenue. Property is a rectangularly-shaped parcel of land consisting of approximately 0.49 acres located at the southwest corner of Lincoln Avenue and Stinson Street. Petitioner requests deletion or modification of a condition of approval pertaining to a time limitation to retain a 2,264 square foot restaurant with on premises sales and consumption of beer and wine. ACTION TAKEN BY THE PLANNING COMMISSION: Approved modification of Condition for CUP 3656 to expire March 20, 1998 (PC96-74) (6 yes votes, 1 absent). Approved WAIVER OF CODE REQUIREMENT. Negative Declaration previously approved. B6. 179: CONDITIONAL USE PERMIT NO. 2042 AND NEGATIVE DECLARATION: (PREVIOUSLY APPROVED: OWNER: DAVID GRUBS, 33 Bel Court, Newport Beach, CA. 92660 LOCATION: 323 East Ball Road. Property is an irregulaHy-shaped parcel of land consisting of approximately 1.24 acres, having a frontage of approximately 286 feet on the north side of Ball Road and located approximately 110 feet east of the centerline of Technology Circle. Petitioner requests approval of installation of parts in conduction with an existing recreational vehicle supply facility. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 2042 WITHDRAWN by the Applicant. CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES AUGUST 20~ 1996 REPORTS AND RECOMMENDATIONS: B7. 179: RECLASSIFICATION NO. 93-94-03 CONDITIONAL USE PERMIT NO. 3662 - REQUEST FOR A RETROACTIVE EXTENSION OF TIME: OWNER: DOUG BROWNE, P.O. Box 18021, Anaheim, CA. 92817 LOCATION: 6250 East Santa Ana Canyon Road. Petitioner requests a retroactive extension of time for Conditional Use Permit NO. 3662 (to permit a private educational facility and church within a commercial retail center ) to expire on August 8, 1997. This petition was originally approved on August 8, 1994. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3662 APPROVED to expire August 8, 1997. END OF PLANNING COMMISSION ITEMS FROM AUGUST 6, 1996. ITEM B8 FROM THE ZONING ADMINISTRATOR MEETING OF AUGUST 16~ 1996: B8. 170: TENTATIVE PARCEL MAP NO. 96-145 VARIANCE NO. 4294 AND NEGATIVE DECLARATION: OWNER: RAYMOND AND CONNIE MASCIEL, 1127 West North Street, Anaheim, CA 92805 AGENT: GARY MASCIEL, P.O. Box 1241, Anaheim, CA 92803 LOCATION: 700 Nodh East Street. Property is approximately 0.39 acre on the east side of East Street approximately 100 feet south of the centerline of Wilhelmina Street. Waiver of minimum lot width and minimum lot area to establish a 2-lot, RS-7200 single family subdivision. ACTION TAKEN BY THE ZONING ADMINISTRATOR: CONTINUED BY THE ZONING ADMINISTRATOR B9. ORDINANCE FOR ADOPTION: ORDINANCE NO. 5574 Amending Sections 18.110.050, 18.110.070, 18.110.070 and 18.110.100 of Chapter 18.110 of Title 18 of the Anaheim Municipal Code relating to churches in the SP 94-1 zone (Northeast Area Specific Plan). (Introduced at the meeting of August 13, 1996, Item BS.) Mayor Daly offered Ordinance No. 5574 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5574: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 18,110,050, 18.110.060, 18.110.070 AND t8.110.100 OF CHAPTER 18.110 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO CHURCHES IN THE SP 94-1 ZONE (NORTHEAST AREA SPECIFIC PLAN). Roll Call Vote on Ordinance No. 5574 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5574 duly passed and adopted. CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES AUGUST 20, 1996 D1. t79: CONTINUED PUBLIC HEARING -WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3841 AND NEGATIVE DECLARATION DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 96-03: OWNER: EXXON COMPANY, USA, Attn: JA Hicks, 800 Bell Street, Room 1303 B, Houston, Texas 77002 AGENT: ROBERT H. LEE ASSOCIATES, Attn: Alan Shimabukuro, Bob Supemau, 1201 S. Beach Boulevard #207, La Habra, CA 90631 LOCATION: 2180 West Ball Road. Property is a rectangularly-shaped parcel of land consisting of approximately 0.52 acre located at the southeast comer of Ball Road and Bmokhurst Street. To permit a gasoline service station and convenience market with sales of beer and wine for off- premises consumption with waivers of (a) minimum number of parking spaces, (b) minimum landscaping adjacent to intedor boundary lines and (c) maximum number of freestanding signs. Petitioner further requests a determination of public convenience or necessity for an Alcoholic Beverage Control license to sell beer and wine for off promises consumption. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3841 APPROVED, IN PART, waivers (a) and (b) APPROVED, and waiver (c) DENIED because it was deleted following public notification (PC96-52) (6 yes votes, 1 absent). Waiver of code requirement APPROVED, IN PART. Denied Determination of Public Convenience or Necessity No.96-03. It was determined that there is no public convenience or necessity which would be served by alcohol sales at this location (PC96-53). Approved Negative Declaration. HEARING SET ON: A letter of appeal of the Planning Commission decision was submitted by the Agent, Robert H, Lee Associates 1201 S. Beach Blvd., #207, La Habra, Ca. 90631. Informational item at the meeting of June, 1996, Item B1. Continued from the meetings of July 23, 1996, Item D1 and August 6, 1996, Item D1. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - July 11, 1996. Mailing to property owners within 300 feet - July 11, 1996. Posting of properly- July 12, 1996. STAFF INPUT: See staff report to the Planning Commission dated June 30, 1996. Due to a potential conflict of interest, Council Member Tait excused himself from participation in this continued public hearing and left the City Council Chamber. (8:05 p.m.) Planning Director Joel Fick briefly reviewed action by the City Planning Commission on subject applications; that the action finding there is no public convenience or necessity which would be served by alcohol sales at the location was based upon the many such uses in the area and crime statistics. Since the appeal was filed, the Commission, Department and Police staff had reviewed all aspects of the application and continued to feel that the sale of beer and wine would not be appropriate. There are two additional conditions recommended for the granting of the conditional use permit, pertaining to public telephones and rest room facilities at the location. Mayor Daly opened the public hearing. Stephen A. Jamieson, of Solomon, Saltsman & Jamieson, Attorneys representing Mobil Corporation, advised that the appeal by Robert H. Lee & Associates, agent for the developer, concerned two issues as outlined in his letter dated August 14, 1996. The first issue was the request to allow beer and wine off sales, and the second was the 60-day time limit to clear existing structures from the property. Due to the appeal delays, they were requesting an additional 60 days to clear the property. In addition, Mr. 10 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES AUGUST 20, 1996 Jamieson noted he had submitted 25 proposed voluntary conditions, with which the applicant proposed to comply. Mr. Jamieson voiced the opinion that with these additional conditions the beer and wine approval may be more appropriate. Regarding the over-concentration of off sale licenses in the area, Mr. Jamieson noted the subject property was at an intersection of several reporting districts, and upon contacting the Department of Alcoholic Beverage Control it was learned that three licenses are available in this district, with two already assigned. There was nothing similar to the proposed use in the area, where north or east bound traffic could conveniently drive in and out for gasoline and groceries. The developer felt the off sale aspect was necessary in order to make the business profitable. People might stop for gasoline, but not patronize the market unless beer and wine were available, making it a one-stop facility. They were willing to comply with an additional condition that there would be no visible advertising of beer and wine sales on the exterior of the building, nor on the pump islands. Mr. Jamieson felt that if the area was considered as whole, it would not be seen as a high chine location. He submitted two renderings, one showing the concept proposed for the property, and the other a photograph of the site as it currently exists. Mr. Abrahim, owner/manager of the shopping center behind subject property, indicated he had no objection to the off sale request, but questioned the recommended condition requiring the planting of 25 trees of 15 gallon size. His concern was that in a year or two these trees would cut off visibility of the shopping center. In addition, since the property has been vacant and unsightly for over three years, he hoped the demolition of existing structures would take place as soon as possible. Jeff Kirsch, 2661 W. Palais Rd., called attention to another potential eyesore, requesting that the owners not allow election campaign signs to be placed on subject property. Mr. Jamieson stated they would be willing to work with the shopping center management cenceming the landscaping, and had no problem with prohibiting any campaign sign posting. Officer Tom Engle, Anaheim Police Department, advised he had received an update on the Department of Alcoholic Beverage Control criteria, and it was correct that three licenses are available in the area, with two already in use. He noted that crime statistics for the previous year showed 133 within the reporting district to the north, which is the average in the city at the time; the distdct to the west was 58% above average, and there were 165 cdmes in the district where subject property is located. Most of the area south of this district is in the County of Orange and that population was not factored in. The Police Department's recommendation in opposition to the alcoholic beverages sales had not changed. Mayor Daly closed the public headng. Council discussion ensued regarding landscaping for this property, where the merits of being able to have a clear view onto the property itself were noted. It was also determined that this particular location will remain a ~company store" and not a franchisee. It was also clarified for the Council by Mr. Jamieson that no advertising for beer and wine would be incorporated into the pump islands and there would be no audio announcements concerning sale of beer and wine. At the conclusion of Council discussion, Joel Fick outlined for the Council the changes recommended to the Planning Commission recommendations concerning moving of the demolition date; the workout of the landscaping plan; the requirement for a mens' and a womens' restroom, and no outside telephone except if located within 15 feet of the main entrance to the building. ENVIRONMENTAL IMPACT REPORT - MITIGATED NEGATIVE DECLARATION: On motion by Council Member Feldhaus, seconded by Council Member Lopez, the City Council does hereby approve a Mitigated Negative Declaration on the subject project and accompanying Mitigation Monitoring Program pursuant to Section 21081.6 of the Public Resources Code on the basis that the Planning Commission/ City Council has considered the proposal with the Mitigated Negative Declaration and accompanying 11 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES AUGUST 20~ 1996 Monitoring Program, together with any comments received during the public review process and further finding on the basis of the Initial Study that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Mayor Daly spoke against the inclusion of beer and wine in this operation for two reasons: (1) The Planning Commission has considered all of the relevant land use implications and has made a decision not to grant the determination of public convenience or necessity; and (2) The Anaheim Police Department whom the Council asked to consider all of the community factors including crime has made a clear recommendation against the inclusion of beer and wine. Considering the transitional nature of some of the properties along Brookhurst Street and Ball Road the Mayor felt these recommendations were well justified. Council Member Feldhaus offered Resolution No. 96R-147 for adoption to approve the determination of public convenience and necessity with respect to sales of alcohol (off-premise consumption) at 2180 West Ball Road. Refer to Resolution Book. RESOLUTION No. 96R-147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 96-103. Roll Call Vote on Resolution No. 96R-147 for adoption: AYES: NOES: TEMP ABSENT: MAYOR/COUNCIL MEMBERS: Zemel, Feidhaus MAYOR/COUNCIL MEMBERS: Lopez, Daly MAYOR/COUNCIL MEMBERS: Tait (conflict) The Mayor declared Resolution No. 96R-t47 failed to carry. Mayor Daly offered Resolution No. 96R-148 for adoption, approving Conditional Use Permit No. 3841, subject to City Planning Commission conditions, and further subject to the following additional conditions. Refer to Resolution Book. I. That the pedod for demolition be extended to October 30, 1996, as requested. 2. Directing that the landscape issues raised by the adjoining property owner be resolved by meeting with that owner and staff in keeping with the spirit of the City Planning Commission action. 3. There shall be no coin-operated telephones on the premises that are located outside of the building unless such telephones are affixed to the building wall and located within 15 feet of the main entrance to the building. 4. Dudng business i~ours at the subject facility, separate men's and women's rest rooms shall be available to the public and shall be properly supplied and maintained. Said facilities shall be specifically shown on the plans submitted for building permits. RESOLUTION NO. 96R-148: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3841 , IN PART. Roll Call Vote on Resolution No. 96R-'148 for adoption: AYES: MAYOR/COUNCIL MEMBERS: Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None TEMP ABSENT: MAYOR/COUNCIL MEMBERS: Tait (Conflict) 12 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES AUGUST 20~ 1996 The Mayor declared Resolution No. 96R-148 duly passed and adopted. D2. 179: PUBLIC HEARING . CONDITIONAL USE PERMIT NO. 3842 AND NEGATIVE DECLARATION: OWNER: CALIFORNIA DRIVE-IN THEATRES, INC., Attn: A. Terrance Dickens, 120 N. Robertson Boulevard, Los Angeles, CA 90046 LOCATION: 2150 - 2170 South State Colleoe Boulevard (Oranoe Drive-In Theatre). Property is a rectangularly-shaped parcel of land consisting of approximately 6.31 acres, having approximate frontages of 348 feet on the east side of State College Boulevard and 50 feet on the south side of Orangewood Avenue. To permit swap meet operation on the City of Anaheim portion of the Orange Drive-in Theatre, including an accessory outdoor roller hockey facility in the parking lot area. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3842 GRANTED subject to added conditions (PC96-61) (6 yes votes, 1 absent). Approved Negative Declaration. HEARING SET ON: Review of the Planning Commission's decision requested by Council Members Daly and Zemel at the meeting of July 23, 1996, Item B4 and Public Hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - August 8, 1996. Mailing to property owners within 300 feet - July 29, 1996. Posting of property - August 2, 1996. STAFF INPUT: See staff report to the Planning Commission dated July 8, 1996. Due to a potential conflict of interest, Council Member Tait had earlier excused himself from the discussion and action on this request, and had left the City Council Chamber. Planning Director Joel Fick advised that the request for an outdoor miler hockey facility had been withdrawn by the applicant. Approximately one third of the south portion of subject property, located in county territory, was scheduled to be acquired by the California Department of Transportation (Caltrans) for widening of the I-5 Santa Ana Freeway. Mayor Daly opened the public hearing. Mr. A. Terrance Dickens, of Pacific Theaters, was present to respond to Council questions and concems. He advised that currenfiy, Orangewood Avenue was not in use for ingress and egress. They plan to use this for sellers only and the remainder of traffic to use State College. Plans for the Anaheim portion of the property were for parking facilities; them would be no sales on that portion. They intend to place some modest signs on the property advertising the swap meet, and am expecting to work with the Traffic Engineer for ultimate access points, and with Planning staff for anticipated landscaping of the site. Mr. Dickens requested that subject conditional use permit be granted in accordance with the action taken by the Planning Commission. Mr. Fick suggested that since signage was not a part of the conditional use permit, that portion of the application could be submitted to the. Planning Commission as a report and recommendation item, when the time came. Mayor Daly asked if them were public comments for or against the conditional use permit, there being no response, Mayor Daly closed the public hearing. 13 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES AUGUST 20, 1996 Mayor Daly questioned how long Mr. Dickens' firm would continue to use the property as a swap meet, given the considerable transportation improvements in the area. He voiced the opinion it is good policy in a situation such as this, where the City has spent money on planning and promoting a new vision for the area, to place a time limit on this use as a swap meet. Otherwise he would support the continued operation as a swap meet and would support the signage requests as well. However, since the results of the City's planning efforts are not known, he felt there should be a 5-year time limit on the continued operation of the swap meet. Council Member Zemel noting the size of the investment by Mr. Dickens' company, suggested a 10 year time limit. Mr. Dickens indicated that California Ddve-ln Theatres would prefer the Conditional Use Permit be granted without a time limit. ENVIRONMENTAL IMPACT REPORT - MITIGATED NEGATIVE DECLARATION: On motion by Mayor Daly, seconded by Mayor Pro-Tem Lopez, the City Council does hereby approve a Mitigated Negative Declaration on the subject project and accompanying Mitigation Monitoring Program pursuant to Section 21081.6 of the Public Resources Code on the basis that the Planning Commission/City Council has considered the proposal with the Mitigated Negative Declaration and accompanying Monitoring Program, together with any comments received during the public review process and further finding on the basis of the Initial Study that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Mayor Daly offered Resolution No. 96R-149 for adoption to approve Conditional Use Permit No. 3842, in part, for a period of 5 years. Refer to Resolution Book. RESOLUTION NO. 96R-149: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE_NO. 3842, IN PART. Roll Call Vote on Resolution No. 96R-149 for adoption: AYES: NOES: ABSENT: ABSTAINED: MAYOR/COUNCIL MEMBERS: Feldhaus, Lopez, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: Tait (Temporary absent) MAYOR/COUNCIL MEMBERS: Zemel The Mayor declared Resolution No. 96R-149 duly passed and adopted. D3. 179: PUBLIC HEARING -WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 38E;5 AND NEGATIVE DECLARATION - OWNER: FUJITA INVESTORS OF CALIFORNIA, P.O. Box 1860, Santa Monica, CA 90406 AGENT: GLOBAL TELECOMMUNICATIONS CORP., Attn: James Shab, 1980 - 1990 S. Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 1985 South Santa Cruz Street, Property is an irregularly-shaped parcel of land consisting of approximately 2.44 acres located at the northwest comer of Santa Cruz Street and Stanford Court. To permit wireless communication sales (including but not limited to, cellular telephones, beepers, 2-way radios, and fax machines), with service, sales of related accessories and parts, and automotive installation in the ML Zone with waivers of (a) permitted type of sign (APPROVED) and (b) maximum sign height (DENIED). ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3855 GRANTED, IN PART (PC96-62) (6 yes votes, 1 absent). 14 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES AUGUST 20~ 1996 Waiver of code requirement APPROVED, IN PART, waiver (a) APPROVED, and waiver (b) DENIED. Approved Negative Declaration. (Council Member Tait returned to the Council Chamber 8:40 P.M.) HEARING SET ON: Review of the Planning Commission's decision requested by Council Members Daly and Tait at the meeting of July 23, 1996, Item B5 and Public Hearing Scheduled to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - August 8, 1996. Mailing to property owners within 300 feet - July 29, 1996. Posting of property - August 2, 1996. STAFF INPUT: See staff report to the Planning Commission dated July 8, 1996. Zoning Division Manager Greg Hastings stated that the purpose of the requested waiver of the maximum sign height, denied by the Planning Commission, was for the installation of a 30 foot sign to compensate for the 20 foot elevation of the I-5 Freeway. Subsequently revised plans were submitted which rendered the waiver unnecessary. Mayor Daly opened the public hearing. Leon Alexander, Attorney representing Global Telecommunications Corporation, indicated his presence to answer any questions. He advised that Global has been present at this location since 1981. The 3-4 years of construction on the freeway will have an extreme effect on this business to the point of economic hardship. It will be difficult to maintain, and he appreciates the support of the Planning Commission on this signage issue. There were no other persons who wished to address the Council either in favor or opposition. Mayor Daly closed the public headng. Under Council discussion, Mayor Daly noted that he supported the applicant's sign proposal as he viewed this particular business a victim of the I-5 widening. The company wishes to continue business at this location during the freeway reconstruction, this proposal moves the message sign back one block, and allows additional height to clear the view of the higher freeway. Mr. Fick reported that revised plans submitted by the applicant indicate a new message sign which is 13 feet higher, and the maximum height waiver is no longer required. ENVIRONMENTAL IMPACT REPORT ~ MITIGATED NEGATIVE DECLARATION: On motion by Council Member Daly, seconded by Council Member Feldhaus, the City Council does hereby approve a Mitigated Negative Declaration on the subject project and accompanying Mitigation Monitoring Program pursuant to Section 21081.6 of the Public Resources Code on the basis that the Planning Commission/City Council has considered the proposal with the Mitigated Negative Declaration and accompanying Monitoring Program, together with any comments received during the public review process and further finding on the basis of the Initial Study that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. 15 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES AUGUST 20, 1996 Mayor Daly offered Resolution No. 96R-150 for adoption. Refer to Resolution Book. RESOLUTION NO. 96R-150: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3855, IN PART. Roll Call Vote on Resolution No. 96R-150 for adootion: AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 96R-150 duly passed and adopted. C1. DISCUSSION - ACCESS TO CITY DOCUMENTS: At the request of Council Member Zemel, discussion was held concerning the right of City Council Membere to have access to City documents, work in progress, and presentation materials, etc., and to adjust policy accordingly so that such materials are made available on request. Council consideretion of this issue was continued from the meeting of August 6, 1996. City Attomey Jack White reported on his research to determine whether any written or formal policies pertaining to distribution of City documents to the City Council, advising that he had found no reference to any such policy. He was of the opinion that to adopt such a policy would not be a violation of the City Charter, but would have to be undertaken at the direction of the entire City Council. An individual Council Member could bring a motion before the City Council requesting access. MOTION: Council Member Zemel moved to formalize a Council Policy that Council Members not be denied copies of City documents, works in progress, presentation materials, etc. whether or not they were marked 'Draft", which have been presented verbally or othen~vise to all Council Membere, unless by vote of the City Council a request be denied due to confidentiality or such access is prohibited by law. Council Member Tait seconded the motion. Dudng the discussion that followed, Council Member Daly suggested that this issue might be better considered on a case-by-case basis, and there are many practical reasons why business is conducted by the City as it has been for many years. A ~blanket policy" may cause more problems than it solves in his opinion. Assistant City Manager Dave Morgan pointed out that it is the City Manager's Office policy to share all information with the Council Membere. The issue here was the release of documents, and his concern was the release of documents not available under the Public Records Act would create added risk that these would get out to the public and potentially jeopardize sensitive negotiations. Council Member Tait suggested that Council Member Zemel's motion be amended to reflect that the Council Member would have the right to look at documents as opposed to possession of them, or to receiving a copy. Call for the question on the original motion, indicated Council Member Zemel the only member in support. The motion was re-stated to indicate the dght to access to the documents, rather than receipt of same; and failed to carry by the following vote: Ayes: Tait, Zemel Noes: Lopez, Daly Abstain: Feldhaus 16 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES AUGUST 20~ 1996 Council Member Zemel indicated that he wished to introduce a second issue concerning the submittal of lengthy and complicated documents to the Council Members in a time frame where the Council has ample time for review. He was of the opinion that the Council should adopt a formal policy on the timely submittal of documents on which the Council is asked to vote. MOTION: Council Member Zemel moved that a formal Council Policy be adopted concerning the timeliness of documents furnished to the City Council prior to a meeting where the vote is to be taken. Some of these items have been placed on his desk on the day of the meeting, which he felt was insufficient time to review the matter. Council Member Tait seconded the motion. Following Council discussion, Council Member Zemel restated the above motion to read: A motion directing the City Staff to come back to the Council with a policy setting forth more restrictive guidelines for submission of documents to the City Council, upon which they are to vote. Mayor Daly spoke against the re-stated motion, indicating that the need to do a lot of homework on short notice "goes with the turf," i.e., with the job of Council Member. It has been the practica of this Council to accommodate a colleague who wants more time for review by continuing items and he sees no need for a change. Council Member Tait seconded the restated motion. Ayes: Tait, Zemel Noes: Feldhaus, Lopez, Daly. The motion failed by the following vote: C2. REPORT ON CLOSED SESSION ACTIONS: City Attorney Jack White stated that there were no actions to report. C3. COUNCIL COMMENTS: With reference to the proposed new Anaheim Prep Sports and Activities Foundation, Council Member Daly requested staff to schedule Council discussion on the next agenda, September 10, 1996. ADJOURNMENT: By general Council consent, the City Council Meeting of August 20, 1996 was adjourned. (9:38 p.m.) LEONORA N. SOHL CITY CLERK 17