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1998/07/28ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 28, 1998 The City Council of the City of Anaheim met in regular session. PRESENT: MAYOR: Tom Daly PRESENT: COUNCIL MEMBERS: Shirley McCracken, Tom Tait, Bob Zemel, Lou Lopez ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: James Ruth ASSISTANT CITY MANAGER: Dave Morgan CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann Sauvageau PLANNING DIRECTOR: Joel Fick CODE ENFORCEMENT MANAGER: John Poole ZONING MANAGER: Greg Hastings POLICE SERGEANT: Joseph Vargas A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:00 p.m. on July 24, 1998 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall) containing all items as shown herein. Mayor Daly called the workshop portion of the Council Meeting of July 28, 1998 to order and welcomed those in attendance (3:15 p.m.). City Manager, James Ruth. He introduced Joel Fick, Planning Director who will walk the Council through the extensive report submitted (see report dated July 24, 1998 - Subject: Community Planning Program - West Anaheim Action Plan and Recommendations - made a part of the record). Staff has been working on the West Anaheim Planning Area/Action Plan for some time. Community meetings were held and extensive feedback and input received relative to the issues to be addressed. The action plan will address those issues. WEST ANAHEIM ACTION PLAN - PLANNING DEPARTMENT: 179: Joel Fick, Planning Director. He is pleased to present the West Anaheim Action Plan, the second area examined as part of the Community Planning Program. (Plan boundaries - west of Gilbert Street to the westerly City boundaries, and south of Lincoln Avenue to the southerly City boundaries.) He introduced the primary staff involved in his department -- Mary McCloskey, Deputy Planning Director who manages the overall project, Jonathan Borrego, Senior Planner and Niki Cutler, Associate Planner. He also recognized each of the departments who put an extensive amount of work and effort into the preparation and analysis and he also acknowledged the residents and resident groups particularly WAND (West Anaheim Neighborhood Development Council) who took a very active and ongoing interest. The 63 action items (listed in the report) were developed from the input received from the community meetings and surveys conducted. “These recommendations were developed following extensive field observations, comprehensive internal research and analysis, compilation of over 1,000 community surveys, two Community Meetings and interdepartmental review by involved City Departments.” Briefing some of the points in the covering memorandum dated July 24, 1998, Mr. Fick explained preliminary recommendations were presented to the community at a follow-up meeting on June 26, 1998. It was very well received by all those in attendance. The plan was also presented to the Planning Commission on July 20, 1998. The final plan is in the Council packet today which includes refinements suggested at all those meetings. Some of the recommendations can commence very quickly such as zoning code amendments and General Plan amendments. They made it clear to the residents and emphasized that 80% of the recommendations in the East Anaheim Action Plan were completed within the first year, but it was important to note that some items in the West Anaheim Action Plan are long- term in nature as were some in the East Anaheim Plan. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 28, 1998 After additional comments relative to the process leading up to the presentation of the plan, Mr. Fick briefed the 31-page plan (with attachments). (See, Community Planning Program -- West Anaheim Action Plan - prepared by City of Anaheim Planning Department.) Mr. Fick’s presentation was supplemented by slides showing examples of existing conditions which will be modified/eliminated/enhanced by the proposed plan. He addressed some of the issues/recommendations which were grouped into the following general categories: Zoning Code Amendments, Landscape Improvements, Traffic Issues, Miscellaneous Recommendations, On-Going Efforts, Residential Development Issues, General Plan Amendments and Zoning Reclassifications. In concluding, he stated that action items will be presented to the Council in the future. He also reported for the Mayor that the West Anaheim Action Area is much larger than the previous one (East Anaheim) and it is more challenging. However, many of the actions to be addressed involve amendments to the Zoning Code and the General Plan and these will be addressed in the coming year. It is the responsibility of each department involved to be working on the issues as time and funding permits. Mr. Fick’s presentation was followed by questions and discussion by Council Members relative to the specifics of the plan as well as issues on which emphasis should be placed. Council Member Tait. Relative to the boulevard medians, he is looking for a major overhaul of some of those medians; Mayor Daly. He agrees they should set the bar as high as possible and landscape as well as they can afford. He specifically mentioned the area westward along Ball Road. Council Member McCracken noted that a number of the tracts in West Anaheim were built without planting trees in those residential areas and still today some of those areas need trees. She is pleased that one of the recommendations is to “pursue the planting of street trees where feasible in residential areas.” Another concern is the almost failing shopping centers and a challenge staff has to face along with Community Development to deal with those issues. She sees that as one of staff’s biggest challenges. The others are ones that hopefully they will see in the next few months. She congratulated staff for taking on these issues. After additional discussion and questioning, the Mayor, speaking to Mr. Fick and acknowledging all the staff people who participated in the process, stated this is a great document and a great action plan. It is aggressive and looks like it is very doable. They look forward to seeing the items coming before them in coming months including the public facilities that have been identified. Council Member Zemel. It is gratifying to see in the last few years so much being done largely due to Planning staff’s efforts as well as the Community Policing efforts; Mr. Fick stated they are just one piece of the pie with all the other departments. Council Member Zemel. He believes that the SOB (Sex-Oriented Businesses) Task Force has helped a great deal as well. One part of the package he did not see relative to doing more in the way of communication is possibly town-hall meetings to let the people in the west end know what they are doing; Mayor Daly noted that as Mr. Fick explained, there had been community meetings conducted by a task force. Council Member Zemel. The meetings were held to get to this point, but now it would be to let them know about the package. Joel Fick. They have an active working relationship ongoing with the community as does Community Policing groups. There are a lot of vehicles for communicating with the neighborhood. They have also assigned one specific Planning staff person to each of the areas; i.e., a liaison with the neighborhood (David See, Assistant Planner). The residents can contact that person any time and he will be there to interface with the residents. Council Member Zemel. As one Council Member, he is asking them to think about having a large meeting out in the west end to let those who think nothing is being done that the Council and staff are doing more for the west end of the City than has ever been done before. 2 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 28, 1998 Joel Fick. WAND was of great assistance to them. They (WAND) posted notices of meetings in their newsletters and sent those out as a communication tool also to the schools. Mayor Daly. He again thanked staff for the informative presentation and the ambitious and comprehensive plan. They look forward to the implementation of the 63 recommended solutions. * * * * * * * * * * * * * * * * * * * * City Manager Ruth. He introduced Dave Morgan, Assistant City Manager who will, along with Sgt. Joe Vargas and John Poole, Code Enforcement Manager, make the presentation on the No Parking proposal for the Jeffrey-Lynne area. JEFFREY-LYNNE NO PARKING PROPOSAL: 149: Dave Morgan, Assistant City Manager. On May 12, 1998, staff presented an overall neighborhood update on all the many things they were doing across the City for neighborhoods and also advised they would be coming forward with additional initiatives in this fiscal year. One of the neighborhoods to get attention this year is the Jeffrey-Lynne (J-L) area including intensified code enforcement, improvement of the J-L community center, and resurfacing of alleys. Staff is working on a redeployment of Community Policing resources and also a public-private partnership to develop long-term revitalization strategies for that neighborhood. In addition, Council will be asked to consider today the implementation of a phased-in, one-year trial of a no-on-street-parking program. Staff is present from the Police Department and Code Enforcement to give a presentation. Subsequently, staff will be happy to answer any questions. Sgt. Joe Vargas, Police Department. He gave a presentation first explaining the reasons why no parking was implemented in two previous areas (Leatrice-Wakefield and Balsam Street) followed by some of the results that have been observed in those neighborhoods. (See brochure submitted - No Parking Program - No Parking. Why? - made a part of the record - which contained hard copies of the slides shown and briefed by Sgt. Vargas). The initial slides showed some of the existing conditions in the subject area (Jeffrey-Lynne), which conditions also existed in the other two areas where no parking was adopted, Leatrice-Wakefield/Balsam, i.e., gangs, drug sales, garages used for storage, businesses, or inoperable vehicles. He explained the dynamics behind a no-parking program and also explained the results of the no parking instituted in the aforementioned areas. In 1995 when no parking was instituted in the Leatrice-Wakefield area, there was significant apprehension but in the end, the program was very successful in addressing most of the problems broached. In 1996, no parking was initiated in the Balsam Street area and almost overnight, there was a transformation and a change in the perception of the people who lived there. He then shared the quantifiable statistics as a result of the ban on parking -- reduction in (Police) calls for service, decrease in Part I crimes, decrease in public disorder violations, improved aesthetics, increased neighborhood pride and measureable changes as a result of City efforts. (See copies of slides, page 30, i.e., 45% reduction in calls for service, Leatrice-Wakefield, from 1993 (2,094) to 1997 (1,154), 42% reduction in calls for service, Balsam Street, 1996 (194), 1997 (112), etc. In concluding his presentation, Sgt. Vargas stated that no parking does not get rid of crime, gangs and drug dealing, but acts as a catalyst for renewed enthusiasm on the part of residents. John Poole, Code Enforcement Manager. As stated, they have had great success in the two neighborhoods where a no-parking program was implemented. He then explained the process they went through to develop a plan for the J-L area after they received a request from the J-L Owner’s Association a few months ago to implement no parking in that neighborhood and also what has been done since April to communicate the proposed plan. (Mr. Poole briefed the slides, Pgs. 5 and 6 of the submittal). There are 108 buildings with 714 units; 753 off-street parking spaces with approximately 20-25% being inappropriately utilized (with some not available to tenants unless they pay the landlord additional money), existing on-street parking, 310 spaces, on-street parking spaces removed, 167, retained and reconfigured on-street parking, 143 spaces. The net results of the parking survey -- on-street parking 3 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 28, 1998 spaces lost, 167; projected off-street parking spaces gained by proper utilization of garages, 183, resulting in a net gain of 16 parking spaces. He then briefed the implementation program which will be commenced after Council approval starting in August. The program will be phased. In September, parking will be removed from one side of five streets as listed (see Pg. 6 of the report) and in October, one side of four streets. There will be six-month update reports to the Council with a final report and recommendation to the Council in November, 1999. If the program is successful, they will recommend that no parking be restricted on those streets permanently. He has met with many owners and tenants and tried to explain that the program does work and that staff is dedicated to work with them on any inconveniences the plan causes. It is a one-year program phased in over a three-month period so that they can work through any problems. Mayor Daly asked Mr. Poole if he was aware that the Apartment Association of Orange County has asked for a continuance of the matter (Item A16 on the City Council agenda); Mr. Poole stated he knows that when staff has proposed such programs in the past, that the Association took exception. Relative to the continuance, he heard of the request about an hour ago. Mayor Daly then announced as a procedural point, any members of the audience interested in this item, it is Item A16 on the Council agenda which is scheduled for 5:00 P.M. There will be opportunity at that time for public comment which is a resolution prepared by staff in support of a no-parking pilot program in the Jeffrey-Lynne area. The workshop gives Council Members the opportunity to ask questions and be informed of the details of the proposal. Council Member Lopez then posed a line of questions relative to how many meetings were held with the community, the percentage of residents and owners that participated, the method used to contact them, etc., which were answered by Mr. Poole. Council Member Tait asked the reaction from apartment owners; Mr. Poole answered a number support it and a number do not. One thing they need to keep in mind with this proposal compared to the first one, he does not believe there was one owner in the Leatrice-Wakefield area that supported the ban on parking at the time. As far as tenants, most have been against the program. Staff has tried to assure them they will be working with them to see that there is adequate parking. This is a pilot program and if it does not work, they can always stop. He also explained for Council Member Lopez that the (street) vendor issue has been addressed and it will be the same as in the Orangewood-Haster area as long as the vendors are serving customers and do not stay more than ten minutes. Mayor Daly thanked staff for the informative and detailed presentation. The proposal will be considered at the evening portion of the meeting and there will be an opportunity for public comment at that time. REQUEST FOR CLOSED SESSION: City Attorney White requested a Closed Session noting first that there was one addition to Closed Session items. (See Item 3. below). It is necessary to file a pleading in that case before the next Council meeting which was not known until after the posting of the Council meeting agenda. MOTION. Mayor Daly moved to waive the 72-hour posting provision of the Brown Act adding Item No. 3. to the Closed Session agenda since it is necessary to act on the matter before the next Council meeting. Council Member Lopez seconded the motion. MOTION CARRIED. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Closed Session items. The following items are to be considered at the Closed Session. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 1. 54956.9(a) - Existing Litigation: 4 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 28, 1998 Name of case: Delmonico, et al. v. City of Anaheim, et al. (and 18 related cases) Orange County Superior Court Case No. 70-80-71. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: 2. Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code: One potential case. CONFERENCE WITH LEGAL COUNSEL 3. Name of case: James Productions v. City of Anaheim, et al. Orange County Superior Court Case No. 79-56-80. RECESS: Mayor Daly moved to recess into Closed Session. Council Member Lopez seconded the motion. MOTION CARRIED (4:10 p.m.) AFTER RECESS: Mayor Daly called the regular Council meeting of July 28, 1998 to order at 5:10 p.m. and welcomed those in attendance. INVOCATION: Pastor Jimmy Gaston, Church of Christ gave the invocation. FLAG SALUTE: Mayor Pro Tem Lou Lopez led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION AND WELCOME - STUDENT DELEGATION FROM MITO, JAPAN - ANAHEIM’S SISTER CITY: June Lowry, Sister City Association, stated it was her pleasure once to again to present this year a wonderful group of 20 “student ambassadors” from Mito, Japan accompanied by a Mito City staff member, Mr. Wong and also their chaperone, Ms. Haruyo Nemoto, English teacher at Mito Akatsuka Junior High School. The students have come to learn English and about the United States and its people. She then introduced the host Anaheim families who were present in the Chamber audience and also Ms. Nemoto who wishes to say a few words. Ms. Haruyo Nemoto. “It has been a pleasure to make your acquaintance. I would like to take this opportunity to express my gratitude to the City and inviting us to come and experience the culture and hospitality. We have had many wonderful experiences to carry in our hearts forever. She thanks the host families for their kindess, patience and generosity. The exchange program has been in existence for more than 20 years now and the knowledge and understanding of each other gets stronger. As they come to the end of the century, it will be valuable for creating and making world peace and harmony as well as positive friendships. I express my gratitude to make this program successful and enjoyable and memorable.” Mayor Daly. On behalf of the City, he would like to thank Ms. Nemoto for her presentation and to welcome the students; Council Member McCracken, having learned some Japanese and speaking in the language, welcomed the students, gave some additional welcoming comments, and wished the group good luck and happiness. Mayor Daly and members of the Council then presented Ms. Nemoto with a formal gift to the City of Mito and each of the students were presented with official City of Anaheim pins. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,283,941.75 for the period ending July 20, 1998 in accordance with the 1998-99 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency Meeting. (5:26 p.m.) 5 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 28, 1998 Mayor Daly reconvened the City Council Meeting (5:28 p.m.) ADDITIONS TO THE AGENDA: There were no addition to agenda items. ITEMS OF PUBLIC INTEREST: The following people spoke later in the meeting, after the City Manager’s Consent Calendar, but their remarks are included here since they refer to other than agenda items. Bernadine Detweiler, 2146 Banbury Circle, Anaheim. Her concern is still relative to the proposed convenience store on Brookmore (at Brookhurst). She has seen activity going on in that store and the homeowners are getting very concerned. They have received no information from the Planning Commission about a meeting and do not know what to do. She is asking if there is any way the Council can help or tell them what to do. She has between 60 and 100 signatures in opposition. City Clerk Sohl. She announced that the Public Hearing on this item will be held August 11, 1998 and the residents will be notified. The Council set the Public Hearing at the meeting of July 14, 1998. (See minutes that date). The item is Conditional Use Permit No. 4026 to establish a convenience market within an existing commercial center. If Mrs. Detweiler will leave her address, she will make sure she gets a legal notice. She will take all of the addresses and mail notices to them as well. * * * * * * * * * * * * * * * * * * * Miriam Kaywood, Anaheim resident (former Council Member). She first addressed concerns relative to Council Member Zemel’s actions on certain issues and after doing so stated that the Council must have a Code of Ethics with teeth in it before the next campaign in August, one that is legal and binding on everyone who is running for anything. She then addressed some items which she believes need immediate attention, such as, because of the hot and dry season that the City may experience, adopting the National Fire Code for a sprinkler ordinance and allow the insurance coverage for businesses and homeowners. PUBLIC COMMENTS - AGENDA ITEMS: A number of people spoke at this time regarding Item A16. See discussion under that item. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A21: On motion by Mayor Daly, seconded by Council Member Zemel , 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. 98R-159 and 98R-160 , for adoption. Mayor Daly offered Ordinance No. 5638 for first reading. Refer to Resolution/Ordinance Book. A1. 105: Receiving and filing minutes of the Budget Advisory Commission meeting held June 17, 1998. 156: Receiving and filing the Anaheim Police Department Crime and Clearance Analysis Report for the month of June, 1998. 105: Receiving and filing minutes of the Anaheim Redevelopment and Housing Commission special meetings held May 13, 1998, and June 3, 1998. 112: Receiving and filing the Supplemental law Enforcement Services Funds Report - Annual Re port for fiscal year 1997 - 1998, as submitted by the City Treasurer. 117: Receiving and filing the Investment Portfolio Report for the month of June, 1998, as submitted by the City Treasurer. 127: Receiving and filing correspondence from the Budget Advisory Commission regarding their position on Binding Interest Arbitration. 6 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 28, 1998 A2. 106: Amending the FY 1998/99 Public Works Department Capital Improvement Budget to incorporate $450,000 from sewer maintenance reserves, for the project to cover constr uction, staff, and contingency costs. 164: Awarding a contract to the lowest responsible bidder, Matthew & Stewart Company, Inc., in the amount of $366,099 for Orange Avenue (from Gilbert Street to Magnolia Avenue), La Palma Avenue (east of Imperial Highway and at Fairmont Boulevard) Sewer Maintenance Deficiency Improvements; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A3. 123: Approving State-Local Transportation Partnership Program Agreement No. SLTPP-5055, Program Supplement No. 029, for State funds in the amount of $27,166 for the Crescent Avenue Street Improvement Project. A4. 123: Approving State-Local Transportation Partnership Program Agreement No. SLTPP-5055, Program Supplement No. 030, for State funds in the amount of $126,784 for the Harbor Boulevard Street Improvement Project. A5. 123: Approving State-Local T ransportation Partnership Program Agreement No. SLTPP-5055, Program Supplement No. 031, for State funds in the amount of $57,454 for the Nohl Ranch Road Street Improvement Project. A6. 123: Approving State-Local Transportation Partnership Program Agreement No. SLTPP-5055, Program Supplement No. 032, for State funds in the amount of $62,004 for the Santa Ana Canyon Road Street Improvement Project. A7. 170: Approving the Final Map of Tract No. 13515, and the Subdivision Agreement with Standard Pacifi c Corporation, and authorizing the Mayor and City Clerk to execute said Agreement. Tract No. 13515 is located within The Summit of Anaheim Hills Specific Plan Area on Blue Sky Way, Sunstream Lane, Summer Breeze Lane, and Serene Ridge Lane, and is filed in conjunction with Specific Plan No. 88-2. A8. 170 Approving the Final Map of Tract No. 13534, and the Subdivision Agreement with Standard Pacific Corporation, and authorizing the Mayor and City Clerk to execute said Agreement. Tract No. 13534 is lo cated within The Summit of Anaheim Hills Specific Plan Area on Marblehead Way, and is filed in conjunction with Specific Plan No. 88-2. A9. 167: ORDINANCE NO. 5638 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM approving the legally enforceable speed limits City-wide. Mayor Daly offered Ordinance No. 5638 for first reading. Refer to Ordinance Book. ORDINANCE NO. 5638: AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING THE LEGALLY ENFORCEABLE SPEED LIMITS CITY WIDE. A10. 123: Authori zing the Director of Public Works to enter into a memorandum of understanding with the University of California, at Irvine for advanced traffic control research in order to increase safety and reduce traffic congestion. A11. 158: RESOLUTION NO. 98R-159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds, conveying certain real properties, or interests therein to the City. (R/W 5180-18) 7 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 28, 1998 A12. 160: Waiving Council Policy No. 306, and authorizing the Purchasing Agent t o issue a purchase order to Schweitzer Engineering Laboratories, c/o Matzinger-Keegan, in the amount of $87,517 for 29 microprocessor relays and two differential relays for Lewis Substation. A13. 123: (1) Accepting the low bid of Trans-Cycle Industries, Inc., in an amount not-to-exceed $51,000 for poly chlorinated biphenyls (PCB’s) disposal for a one-year period commencing July, 1998; and authorizing the Public Utilities General Manager, with concurrence of the Purchasing Agent on behalf of the City , to authorize optional renewals for three additional one year periods; (2) Accepting the low bid of Trans-Cycle Industries, Inc., for a one-time disposal of PCB’s, in the amount of $25,780; (3) and authorizing the Public Utilities General Manager, on behalf of the City, to execute said Agreement and take such actions as are necessary to implement said Agreement, in accordance with Bid #5786. A14. 150: Allowing the Assistance League of Anaheim, per City Code, to serve wine and beer at a private preco ncert reception at Pearson Park Amphitheatre on August 15, 1998. A15. 150: Approving the Fiscal Year 1998/99 Community Services Agency Funding Allotment Plan of $200,000 to 16 selected community organizations. Council Member McCracken. This is the Orange YMCA, it is not a separate Anaheim Hills Y; June Lowry, from the audience, clarified they call themselves the Anaheim Hills Y but it is the Orange Y. A16. 149: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEI M establishing a “No Parking” area in that area generally referred to as the Jeffrey- Lynne Neighborhood for a period of one year. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing angle parking on the south side of Audre Drive between Ninth Street and the east side of Michelle Drive; and from the west side of Jeffrey Drive to the west side of Walnut Street. City Clerk Sohl announced that there were a number of people who wished to speak to this item. Also, a letter has been received from Ray Maggi of the Apartment Association of Orange County concerning this item and requesting a continuance. The following people spoke to the “no parking” proposal for the Jeffrey-Lynne area. Their comments are summarized: Maurice Abrams, 2549 Runyon Place, Anaheim 92804 (38 years). He feels scheduling a meeting in mid- afternoon or early evening does not give an opportunity to the residents of Jeffrey-Lynne (J-L) to voice their comments or concerns. He would hope this type of decision would be rescheduled when the residents could have that opportunity. He does not believe there has been a proper plan to provide parking for the residents of that area. Paul Moreno, Member of United Neighborhoods and LULAC Council #3016. He read statement dated July 27, 1998 to the Mayor and Council Members signed by Jessica Castro, President, LULAC #3016 and Francisco Ceja, J-L resident, which outlined the stand of the J-L residents on the no parking issue (made a part of the record). It noted the steps taken by their organization to insure that the residents had every opportunity to make an informed decision relative to a parking ban and also listing the five main reasons why they received an overwhelming response of opposition to the proposed parking ban. Francisco Ceja, 1303 W. Lynne, Anaheim. There are about 1,700 cars in the neighborhood with only about 900 parking spaces. According to the Police, the crime rate went down in the Leatrice-Wakefield area because of no parking whereas the crime rate in J-L went down without a parking ban. He offered the following options: permit parking, converting the Edison property to parking, no overnight parking for non residents. 8 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 28, 1998 Maurice Ogden, Minister, Unitarian Church of Orange County, 511 S. Harbor Blvd., Anaheim. They have deep misgivings about the proposed plan. Without some clear, comprehensive, practical plan for replacing lost spaces with new ones of equal value and easy accessibility, there is a chance that this plan will exacerbate the relations he believes are beginning to improve between the Police Department and the community. It would be better if they could solve the problem of storage in garages because there is inadequate storage in the units. William Stratham, 611 LaVeta Park Circle, Orange 92868. He is a member of the Unitarian Church of Orange County. He has come today as a concerned citizen to speak out against the proposal of no parking which he believes will undoubtedly force a significant number of two-car families to have to leave their homes. He then gave his reasons why he is opposed outlining the negative impacts it would cause for residents. Arthur Lucero, 1731 S. Clementine, Anaheim. He is speaking in favor of the parking ban. He is contracted by over 45% of the building owners to provide security service within the neighborhood. The parking ban is necessary because of the gang and drug problems that have infested the area for over 15 years. He explained what the parked cars are used for including gang members congregating behind cars intimidating residents and using the cars to hide from Police or security personnel who patrol. Most importantly, the cars are used as buffers from rival gang members who commit drive-by shootings in the area. He believes in the plan because he also works in the Leatrice-Wakefield/Balsam Avenue areas. Overnight, there has been a decrease in gangs, drugs and overall crime and quality of life has increased. It is obvious what must be done is what has been tried, tested and proven to work. Bill Moynihan, 1507 W. Cerritos, Anaheim (just west of J-L). He and his wife Dorothy are owner- occupants of their home which is the second house into the tract. He then explained some of the problems they have experienced, most of it as a result of spill-over from the J-L area. If the City enacts no parking in the J-L area, they are concerned that cars from that area as well as people will congregate in their front yard. Kathleen Gilday, 1513 W. Cerritos, Anaheim. She bought her home in 1975 and has lived through a lot of changes. She has the same concern as all of her neighbors -- crime in their neighborhoods. She has expressed her concerns over the years that something be done in the J-L area and now suddenly it is going to be done with a quick fix by prohibiting parking. She does not want the problems to migrate to her street and driveway. If they are going to put up no parking signs and red curbs in front of the apartments, she requested that it be done in front of her house too. Katherine Tikker, 3427 Canoga, Anaheim. To penalize residents and restrict their freedom is a precedent she does not want to set. Street parking remains a necessity not only for their residents, but also for their guests. As a Neighborhood Council Chair, she knows the devastating impact it would have on her neighborhood in west Anaheim. She urged that they do not penalize hard-working families in Anaheim because their choice of affordable neighborhoods is limited. Jessica Castro, 221 N. Coffman, President, United Neighborhoods. She helped to conduct the survey in the J-L community door-to-door and found a majority of residents who do have a garage are paying an additional $50 a month to use it. Many of the owners use the garages for their own personal use or they rent out two or three garages to one tenant and not give one garage per unit as should be but rented separately. The average rental in J-L is about $700-$750/month. Adding a $50 garage fee per month X 12 is $600 a year which for the people who live there breaks down to 100 work hours a year to cover garage expenses. This is an important point to consider. She then spoke to the crime issue concluding that they can address the crime issue but it is not through parking. Len Spivack, 1528 Jeffrey (at the corner of Jeffrey and Lynne), Anaheim. The proposed parking plan is ill advised and ill planned. History wise, the City permitted his building and 54 others like it (which became the Jeffrey-Lynne community), one-bedroom units with six carports and 1/2 space for trash cans, with 55 buildings on Walnut, Jeffrey and Michelle. That is 110 parking spaces they are short just in 9 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 28, 1998 his type of building. He does not know about the other buildings. He then explained what happened as the years evolved relative to parking. The plan would place a burden on his tenants, perspective tenants, and vendors (plumbers, carpenters, etc.). The dumpsters are now pushed out into the alley and they belong inside where the trash cans used to be. There is no fair comparison between J-L and the Leatrice-Wakefield/Balsam areas. Mr. Spivack then answered a line of questions posed by Council Members wherein he explained there was no input from the owners, they never voted on it or discussed it (the Apartment Owners Association), he knows the president of the association supports the ban. He emphasized that he (Spivack) does not support the ban.) Mayor Daly closed the public comment portion of this item. Mayor Daly. To clarify, it is his understanding this is not a comprehensive on-street parking ban but it takes either one side of the street or the other. Secondly, a number of questions were raised about the impacts of the proposed ban on nearby neighborhoods adjacent to J-L. It is located due west of the Disneyland Hotel but on two sides by single family and on the third side by a condominium project (across Cerritos to the north). Staff needs to address their recommendations on how to handle impacts on neighborhoods from the proposed ban. Lastly, there has been a request for a continuance by the Apartment Association of Orange County. The letter requesting the continuance included a request that the staff of the Apartment Association have an opportunity to discuss details of the procedure with City staff. It appears that may have happened in the past but they are requesting another opportunity. Council Member Zemel. Relative to Leatrice-Wakefield, it seems that they had the support and cooperation of the Apartment Association of Orange County. John Poole, Code Enforcement Manager. He stated that was incorrect. They had no support. After it went into effect and they saw the situation changed for the better, people supported it; however, initially no one supported it. He also explained for Council Member Zemel that the situation in Leatrice- Wakefield is similar to J-L. The apartments were built near the same time. What is different is that all parking was taken away in Leatrice-Wakefield and with J-L, they are proposing leaving 143 spaces on the street. Council Member Zemel. He is going to propose a continuance. He would like to tour the area one more time and also meet with Mr. Poole. It has been a successful program in one neighborhood but it does not necessarily mean it is best for another. He has supported it thus far and it may still be the best thing to do. Council Member McCracken. When no parking was instituted in Leatrice-Wakefield, she was under the impression staff worked with the property owners to identify (replacement) parking sites so there was not the problem that Mr. Spivack has in being unable to identify parking sites on his property even with only eight cars. Other owners may have 16 spaces to replace. She asked if they have addressed those concerns as part of the process. Mr. Poole. They plan that to be part of the process. What they found in both areas, they get more interest from owners identifying off-street parking after they start implementing the program and then staff can sit down and meet with them. There has been little interest until the actual implementation process starts. A line of questions was then posed by Council Member Tait, one being how did staff propose to solve overflow parking into adjacent neighborhoods; Mr. Poole. In one instance, they had to initiate permit parking. The single-family homes to the south of the J-L area is permit parking now. The condominiums to the north are a gated community. Mayor Daly. The total available current spaces both within the apartment complex as well as on the street is 1,063. After the ban, either on one or both sides of the street(s), and after factoring in the newly 10 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 28, 1998 created spaces they are proposing within the apartment complex, he asked if there will be a net gain or net loss of total spaces -- what will the new number be. Mr. Poole answered there will be 16 more spaces. There would actually be an increase in accessible parking spaces. At least 25% of the garages are being underutilized or not used for parking. They heard tonight some tenants are being charged and the garages are not being used because of that charge. It is a violation of the Municipal Code for a landlord to charge separately for a garage. Mr. Poole also explained for Council Member Lopez that by policy they have not cited any service vehicles (a concern expressed by Mr. Spivack) and also when tenants are moving in or out. None of those vehicles will be cited and are allowed to do that. They have come up with a permit that vendors can put in their vehicles. Council Member Lopez. He asked for clarification that west of the railroad tracks on Cerritos anyone could park in that area now; Mr. Poole. That is true currently but if that is a problem, they can work with Traffic Engineering and that could be permit parking. One person who spoke wanted no parking. Staff can determine what is the best solution. He will be happy to be the person who puts the residents in contact with the appropriate City staff. It is going to take three months to fully implement the program and as concerns arise, they can start working on them. If the resolution is adopted tonight, the parking ban will not be completely in effect until November of this year. Mayor Daly. Anticipating impacts in the nearby neighborhoods, he questioned if a system could not be worked out where permit parking is offered to the neighborhood as part of the overall plan with nearby residents contacted and explain to them that permit parking is offered or discussed as part of the plan. Mr. Poole stated he will talk to the Traffic Engineer tomorrow. He believes it is a viable solution to the concern expressed by the surrounding neighborhood. MOTION. Council Member Zemel moved that this item be continued two weeks to August 11, 1998. Mayor Daly seconded the motion. Before a vote was taken, Council Member Tait noted one of the speakers mentioned a possible solution with the Edison property. He asked if that has been considered and, if not, that it be looked into during the two-week continuance. John Poole. He does not have direct knowledge but there was some talk of that in the past. Mayor Daly. There was also a question raised about the possibility of banning overnight parking. He asked that Mr. Poole give his perspective on that as well. The Mayor then gave credit to the City Manager and staff for bringing an aggressive program forward. He wants to find a way to support this proposal and supports a vast majority of it. Many questions have been raised and impacts expressed. They are legitimate concerns and the Council appreciates the interest demonstrated. A vote was then taken on the two-week continuance to August 11, 1998. MOTION CARRIED. A17. 139: RESOLUTION NO. 98R-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM requesting the League of California Cities to sponsor legislation which limits local government liability for property damage caused by hillslides and mudslides. A18. 123: Approving the lease between the City of Anaheim and the County of Orange for the use of space on top of Ci ty Hall West for the installation of radio equipment and antennae for the 800 Mhz Countywide Coordinated Communication System. A19. 123: Authorizing the Mayor to sign the Agreement between the City of Anaheim and Psychologist, Eric W. Gruver, Ph.D., to conduct psychological evaluations for Police Officer, Police Reserve Officer, Police Dispatcher and Detention Officer applicants. 11 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 28, 1998 A20. 123: (1) Approving an Agreement with Tidemark Computer Systems, Inc., for the acquisition and installation of an aut omated permit system, in an amount not-to-exceed $956,321, and authorizing the Mayor to execute said Agreement; (2) approving the acquisition of Oracle Database Software, in the amount of $128,869; (3) authorizing the Finance Director to execute a Supplemental Enhancement Request with SCT for support of this system, pursuant to the City’s base contract with SCT; (4) authorizing the Finance Director to execute future years maintenance agreements with Tidemark and Oracle for ongoing support of this s ystem; and (5) Authorizing an amendment to the FY 1998/99 Budget to increase expenditure appropriations in Fund 670 (Information Services) by $1,849,358. Council Member McCracken. This is a major expenditure which started out to bring computers into the year 2000 compliance. There is an additional expenditure going into this computer update which will eliminate the need for the City’s customers having to go from counter to counter to get permits/licenses or information. They will be able to do everything at one location. It will hopefully provide the kind of service requested from business people in the community and also individual homeowners. This is a tremendous step forward bringing the City into the new century. It is expensive but it is something that will pay for itself in the future. Council Member Tait stated he has a business relationship with one of the firms and will, therefore, be abstaining from any discussion or voting on this matter. A21. 114: Approving minutes of the Anaheim City C ouncil meeting held June 23, 1998. Roll Call Vote on Resolution Nos. 98R- 159 and 98R- 160 , for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 98R- 159 and 98R- 160 , duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. (Council Member Tait abstained on item A20.) BOARDS AND COMMISSIONS - REMAINING APPOINTMENTS TO TERMS EXPIRING A22. 105: JUNE 30, 1998: This matter was continued from the meetings of July 14 and July 21, 1998 to this date. Appointments/reappointments were made at the meeting of July 21 to various Boards and Commissions with exception of the Investment Advisory Commission (1), Planning Commission (2) and Public Utilities Board (2) which were continued to this date. City Clerk Sohl. Relative to the Investment Advisory Commission, when the agenda was prepared, she recommended that appointment to this Commission be removed until applications were received. Since then, she has received one application but would still recommend she keep the application on file and bring it back when she has received two or three applications. MOTION. Council Member Zemel, pursuant to the City Clerk’s recommendation, moved to continue appointment to the Investment Advisory Commission for four weeks at which time additional applications may have been received. Council Member McCracken seconded the motion. MOTION CARRIED. PLANNING COMMISSION FOR NEW TERMS EXPIRING JUNE 30, 2002 (Henninger, Peraza) Mayor Daly opened nominations for the two seats on the Planning Commission for new terms expiring June 30, 2002. 12 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 28, 1998 Council Member Zemel nominated John Koos, Kevin Crampton and Harry Sidhu; Council Member McCracken nominated Alden Esping; Council Member Lopez nominated Steven Staveley; Council Member Tait nominated Manny Jalandoni; Mayor Daly nominated Mary Bouas. MOTION. On motion by Council Member Zemel seconded by Council Member Tait, nominations were closed. MOTION CARRIED. City Attorney White. He reminded the Council that the two nominees receiving the highest number of yes votes provided that there are at least three, will be elected. In the event of tie votes, those tying would be voted on again. Abstentions and no votes count the same. A vote was then taken on the nominees in the order in which they were nominated. John Koos - Ayes: McCracken, Tait, Zemel. Abstained: Lopez, Daly. Kevin Crampton - Ayes: McCracken, Tait, Zemel. Abstained: Lopez, Daly. Harry Sidhu - Ayes: Tait, Zemel, Lopez. Abstained: McCracken, Daly. Alden Esping - Ayes: McCracken, Lopez, Daly. Abstained: Tait, Zemel. Steven Staveley - Ayes: McCracken, Lopez, Daly. Abstained: Tait, Zemel. Manny Jalandoni - Ayes: Tait, Zemel. Abstained: McCracken, Lopez, Daly. Mary Bouas - Ayes: Lopez, Daly. Abstained: McCracken, Tait, Zemel. City Attorney White. There is a five-way tie with those who have received three Aye votes (Koos, Crampton, Sidhu, Esping, Staveley). The next process would be to either continue the matter or re-vote on the five who tied with three affirmative votes. Council Member Zemel. He suggested that they try one more time and if not successful to continue the appointments. A vote was then taken on the five nominees who tied with three affirmative votes, and taken in the same order. John Koos - Ayes: McCracken, Tait, Zemel. Abstained: Lopez, Daly. Kevin Crampton - Ayes: Tait, Zemel. Abstained: McCracken, Lopez, Daly. Harry Sidhu - Ayes: Tait, Zemel, Lopez. Abstained: McCracken, Daly. Alden Esping - Ayes: McCracken, Lopez, Daly. Abstained: Tait, Lopez. Steven Staveley - Ayes: McCracken, Lopez, Daly. Abstained: Tait, Zemel. The voting ended in a four-way tie among those receiving three affirmative votes -- Koos, Sidhu, Esping, Staveley. MOTION. Council Member Zemel moved that appointments to the Planning Commission be continued two weeks, to August 11, 1998. Council Member Tait seconded the motion. MOTION CARRIED. Before a vote was taken, Council Member Lopez asked if at that time can they nominate new people; City Attorney White. It will take a motion to reopen the nominations. They are down to four nominees at 13 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 28, 1998 this time. Unless the Council votes to reopen the process in two weeks, they will be voting only on those four names. Council Member Lopez also asked if anyone else could apply for the positions; City Attorney White. Anyone can apply until the positions are filled or even after and their applications will be held for the future. Unless the Council takes affirmative action to do otherwise, they will only be voting on those four names. A vote was then taken on the foregoing motion. MOTION CARRIED. PUBLIC UTILITIES BOARD FOR NEW TERM EXPIRING JUNE 30, 2002 AND TERM ENDING JUNE 30, 1999: (McMillan, Lawson/Unscheduled Vacancy) Mayor Daly opened nominations for the two terms on the Public Utilities Board, one expiring June 30, 2002 and the other, an unscheduled vacancy, expiring June 30, 1999. Council Member McCracken nominated Stephen Faessel and George Edwards; Council Member Zemel nominated Delia Schweitzer; Mayor Daly nominated Robert Lowe. MOTION. On motion by Council Member Zemel, seconded by Mayor Daly, nominations were closed. MOTION CARRIED. City Attorney White. His same comments apply to these nominations as for the Planning Commission. A vote was then taken on the nominees in the order in which they were nominated. Stephen Faessel - Ayes: McCracken, Tait, Zemel, Lopez, Daly. George Edwards - Ayes: McCracken. Abstained: Tait, Zemel, Lopez, Daly. Delia Schweitzer - Ayes: Tait, Zemel, Lopez. Abstained: McCracken, Daly. Robert Lowe - Ayes: McCracken, Daly. Abstained: Tait, Zemel, Lopez. Mayor Daly. Stephen Faessel and Delia Schweitzer have been appointed to the Public Utilities Board. He there upon offered a motion that the Council appoint Delia Schweitzer unanimously. Council Member McCracken seconded the motion. MOTION CARRIED. City Clerk Sohl asked for clarification that it was intended Mr. Faessel be appointed to the term expiring June 30, 2002 and Ms. Schweitzer for the term expiring June 30, 1999; Council consensus clarified that was the intent. ITEMS B1 - B7 FROM THE PLANNING COMMISSION MEETING OF JULY 6, 1998 - INFORMATION ONLY APPEAL PERIOD ENDS JULY 28, 1998: CONDITIONAL USE PERMIT NO. 4024, AND NEGATIVE DECLARATION: B1. OWNER: Melinda Grubbs, Attn: David Grubbs, 2 Civic Plaza, #240, Newport Beach, CA 92660 LOCATION: 309 East Ball Road - Yamaha Golf Cars. Property is 1.24 acres located on the north side of Ball Road, 480 feet east of the centerline of Technology Circle. To permit and retain an automobile (golf cars) sales lot within an existing 28,047 square foot industrial building with outdoor displays. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4024 GRANTED, to expire December 1, 2001 (PC98-103 ) (5 yes votes, 1 absent, and 1 vacancy). Approved Negative Declaration. 14 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 28, 1998 CONDITIONAL USE PERMIT NO. 3124, AND NEGATIVE DECLARATION: B2. OWNER: Sanderson J. Ray Development, 2699 White Road, Suite 150, Irvine, CA 92614 AGENT: Bart Rainone, 3364 East La Palma Avenue, Anaheim, CA 92806 LOCATION: 3364 East La Palma Avenue - Concourse Bowling Center. Property is 4.87 acres located on the south side of La Palma Avenue, 250 feet west of the centerline of Miller Street. To permit and retain a n existing arcade with 35 video games (previously-approved for 25 games) a day care center for up to 30 children (deleted), and an accessory public dance hall (deleted) in conjunction with an existing bowling alley (with accessory and incidental sales of alcoholic beverages for on-premises consumption and waiver of minimum number of parking spaces). (627 required; 240 approved)). ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3124 APPROVED for one year, to expire July 6, 1999 (PC98 -104) (5 yes votes, 1 absent, and 1 vacancy). Negative Declaration previously approved. Council Member Zemel. It appears they have dropped the public dance hall portion of the request. Greg Hastings, Zoning Division Manager. The only thing that was approved was an increase of video games from 25 to 35 and in addition, they will be allowed to have a DJ on the property on Tuesday and Thursday nights between 8:30 P.M. and 12 Midnight for the bowlers with a cover charge as well as a DJ on the property with no cover charge two additional nights a week. It was approved for a one-year period. Council Member Zemel. This is right next to Camelot where in the past there had been gang activities on the side street. Greg Hastings. His understanding is that the Police Department and Code Enforcement were comfortable for only one year on this to see how it would work. Council Member Zemel. He is concerned with the DJ. They asked for a dance hall and then deleted that but are still getting the DJ two nights; Council Member McCracken stated she does not see how they can have a DJ with no dancing. Council Member Zemel requested a review of the Planning Commission’s decision; Council Member McCracken concurred and, therefore, a Public Hearing will be scheduled at a later date. CONDITIONAL USE PERMIT NO. 4041, AND NEGATIVE DECLARATION: B3. OWNER: Charles A. Bonnett Trust, Attn: Michael R. A. Bagguley, 701 Concord Street, Glendale, CA 91202 AGENT: Carol D. Cushing, 701 Concord Street, Glendale, CA 91202 LOCATION: 3010 West Lincoln Avenue - Numero Uno Pizzeria. Property is 1.58 acres located at the southwest corner of Lincoln Avenue and Beach Boulevard. To permit the retail sales of beer and wine for on-premises consumption and an amusement arcade with up to sixteen (16) amusement devices within an existing 4,800 square foot restaurant. ACTION TAKEN BY THE PLANNING COMMISSION: CUP 4040 GRANTED, to expire July 6, 1999, (PC98-105) (5 yes votes, 1 absent, and 1 vacancy). Approved Negative Declar ation. CONDITIONAL USE PERMIT NO. 3843, CEQA NEGATIVE DECLARATION B4. OWNER: Shakour Cyrus, Yahya Cyrus and Laurence Cyrus, 2600 West Lincoln Avenue, Anaheim, CA 92801 LOCATION: 2600 West Lincoln Avenue - Wheel Service Texaco. Property is 0.29 acre located at the southwest corner of Lincoln Avenue and Magnolia Avenue. To consider reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation to retain an automobile sales and repair facility . 15 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 28, 1998 ACTION TAKEN BY THE PLANNING COMMISSION: CUP 3843 GRANTED, to expire June 10, 1999, (PC98-106) (5 yes votes, 1 absent, and 1 vacancy). Negative Declaration previously approved. VARIANCE NO. 4342, CATEGORICALLY EXEMPT, CLASS 11: B5. OWNER: Alpine-Anaheim Vacation Park, L.L.C., 6345 Balboa Boulevard #112, Encino, CA 91316 AGENT: Motivational Systems, Inc., 1240 Railroad Street, Corona, CA 91720 LOCATION: 311 North Beach Boulevard - Anaheim Destiny R.V. Resort. Property is 8.1 acres located on the west side of Beach Boulevard, 800 feet north of the centerline of Lincoln Avenue. Waiver of permitted identification signs in the RS-A-43,000 Zone to construct a 9 foot wide by 8 foot high, 60 square foot monument sign. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4342 GRANTED (PC98-107) (5 yes votes, 1 absent, and 1 vacancy). WAIVER OF CODE REQUIREMENT B6. CONDITIONAL USE PERMIT NO. 4043 AND NEGATIVE DECLARATION: OWNER: Byron A. Dahl, Luetta F. Dahl and Basil Dahl, P.O. Box 1546, Lake Havasu, AZ 96405 AGENT: Khoda B. Ostowari, 6263 East Twin Peak Circle, Anaheim, CA 92807 LOCATION: 801 South Harbor Boulevard. Property is 0.62 acre located at the southwest corner of South Street and Harbor Boulevard. To construct a new service station with a 3,103 square foot canopy, a 900 square foot car wash and 270 square foot convenience market with waivers of (a) minimum structural and landscape setback abutting a residential zone and (b) required site screening adjacent to residential zones. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4043 GRANTED (PC98-108) (5 yes votes, 1 absent, and 1 vacancy). Approved waiver of code requirement Approved Negative Declaration. Mayor Daly. He posed a line of questions to staff on this item which were answered by Greg Hastings, Zoning Division Manager, his concerns being, waivers of landscape setback and waiver of required screening. This is next to a church and the proposal is for a car wash. Greg Hastings. He clarified that the church did not feel it would be a problem. Relative to landscaping, there is a large amount in excess of what code requires in particular along Harbor Boulevard some of which will be in a dedication area to be replaced with hardscape at a future date but it is not proposed within the next five years. There are also a number of trees approximately double the amount of code requirements. Mayor Daly also asked if the canopy over the gas tanks is a standard type canopy and also if all City signage guidelines have been adhered to. Greg Hastings. He confirmed the canopy is standard and signage guidelines have been adhered to, with the latter coming back to the Planning Commission for further review. He also reported that when the applicant was before the Planning Commission, they had not had an arrangement with any of the major oil companies. He again explained for the Mayor that relative to the screening, on the west property line as well as the south property line, the requirement is for a 6’ high block wall simply because the church is zoned residential. In this case, this property is approximately 3’ higher than the church property. If a 6’ high wall is placed on the service station property, it would be 9’ high. There will actually be a 3’ wall placed on the service station site which will result in a 6’ wall on the church site. 16 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 28, 1998 Mayor Daly. He is going to ask for a review of the Planning Commission’s decision since he is not comfortable with all the details; Council Member Lopez concurred and, therefore, a Public Hearing will be scheduled at a later date. * * * * * * * * * * * * * * * * * * * REPORT AND RECOMMENDATION ITEM: RECLASSIFICATION NO. 96-97-10 AND CONDITIONAL USE PERMIT NO. 3907 - REQUEST B7. FOR RETROACTIVE EXTENSION OF TIME AND NEGATIVE DECLARATION: City-Initiated (Community Development Department), 201 South Anaheim Boulevard, Anaheim, CA 92803, requests a retroactive extension of time to comply with conditions of approval. These petitions were originally approved on February 19, 1997. Property is located at 128 and 202 South Olive Street (“Olive Infill”, Portion A, Lot 2) and 203, 209, 211 and 215 South Olive Street (Olive Infill”, Portion B, Lot 1). ITEM B8 FROM THE ZONING ADMINISTRATOR MEETING OF JULY 16, 1998 - DECISION DATE: JULY 23, 1998 APPEAL PERIOD ENDS AUGUST 7, 1998: ADMINISTRATIVE ADJUSTMENT NO. 140 CEQA EXEMPT {SECTION 15061(b) (3)}: B8. OWNER: Nellie S. Mabuti, Attn: Robert Tarrosa, 1725 S. William Miller Street, Anaheim, CA 92804 LOCATION: 1725 South William Miller Street. Property is 0.19 acre located at the southwest corner of William Miller Street and Forest Lane. Waiver of maximum height of block walls to construct a 6-foot high block wall located in the setback along Forest Lane. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 140 APPROVED (ZA DECISION NO. 98-19). Mayor Daly asked if anyone was present on Item D3. noting that a representative of the owner has asked for a continuance until the first available meeting after August 12, 1998; someone was present in the Chamber audience. (Item D3. was thereupon taken out of order and considered first.) PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 4035, AND NEGATIVE D3. 179: DECLARATION: OWNER: Alireza Bahrami, 329-331 North State College Blvd., Anaheim, CA 92806 AGENT: Mary Ann Chamberlain, 2426 South Rita Way, Santa Ana, CA 92704 LOCATION: 329-331 North State College Boulevard. Property is 0.37 acre located on the west side of State College Boulevard, 150 feet south of the centerline of Redwood Avenue. To permit and retain an automobile sales lot with a maximum of five (5) vehicles on display. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4035 DENIED (PC98-99) (4 yes votes, 3 no votes). Approved Negative Declaration (4 yes votes, 3 no votes). Informational item at the meeting of July 14, 1998, Item B3. Letter of appeal submitted by the agent, Mary Ann Chamberlain, on behalf of the owner. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - July 16, 1998 Mailing to property owners within 300 feet - July 16, 1998 Posting of property - July 17, 1998 Mayor Daly referred to letter dated July 24, 1998 from Robert D. Mickelson, agent for the owner, requesting that the subject Public Hearing be continued to the first available Council meeting after August 12, 1998. He asked to hear from the City Attorney; City Attorney White recommended that the request for continuance be approved in the interest of due process. 17 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 28, 1998 MOTION. Mayor Daly moved to continue the Public Hearing on Conditional Use Permit No. 4035 to August 18, 1998. Council Member Tait seconded the motion. MOTION CARRIED. PUBLIC HEARING - SPECIAL PERMIT - REQUEST FOR APPROVAL OF RELOCATION D1. 107: OF ONE BUILDING: REQUESTED BY: Arthur Garabedian, Western Mobil Telephone Co. To consider the approval of a special permit to move a building (a former United States Post Office, the “Anaheim Stadium Station”) from 950 East Gene Autry Way to 1899 South Santa Cruz Street. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - July 16, 1998 Mailing to property owners within 300 feet - July 16, 1998 Posting of property - July 17, 1998 STAFF INPUT: See Staff Report dated July 28, 1998 from the Planning Department/Building Division recommending approval of the special permit. Mayor Daly. The subject staff report is recommending approval of the Special Permit. He asked to hear from anyone who wished to speak on this request; there being no response, he closed the Public Hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion By Mayor Daly , seconded by Council Member Tait , the City Council determined that the proposed activity fall within the definition of Section 3.01 Class 3(c) , of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, Categorically Exempt from the requirement to file an EIR. MOTION CARRIED. Mayor Daly offered Resolution No. 98R-161 approving a Special Permit to move a building. Refer to Resolution Book. A RESOLUTION APPROVING A SPECIAL PERMIT TO MOVE ONE BUILDING FROM 950 EAST GENE AUTRY WAY TO 1899 SOUTH SANTA CRUZ STREET IN THE CITY OF ANAHEIM SET FORTH IN RESOLUTION NO. 98R-161. Roll Call Vote on Resolution No. 98R- 161 for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 98R- 161 duly passed and adopted. PUBLIC HEARING - FRANCHISE TO MOBIL OIL CORPORATION: D2. 130: To consider granting a Franchise to Mobil Oil Corporation for pipelines for oil, gas and other substances in a portion of Jefferson Street. PUBLIC NOTICE REQUIREMENTS MET BY: Orange County Register - July 9, 1998 Mailing to property owners within 300 feet - July 16, 1998 Posting of property - July 17, 1998 STAFF INPUT: See Staff Report dated June 10, 1998 from the Director of Public Works/City Engineer. 18 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JULY 28, 1998 Mayor Daly. Staff is recommending approval of a franchise to Mobil Oil for the right to maintain and operate a system of pipelines as indicated. He then opened the Public Hearing and asked to hear from anyone who wished to speak; there being no response, he closed the Public Hearing. City Attorney White. He noted that the agenda was in error and a resolution is not required in this case. The Council need only act on the Ordinance which, if introduced tonight, will have a second reading and adoption at the next Council meeting (August 11, 1998). At their meeting of June 23, 1998, Item A15, the Anaheim City Council adopted Resolution No. 98R-134 declaring its intention to grant a franchise to Mobil Oil Corporation for pipelines for oil, gas and other substances in a portion of Jefferson Street. Council Member Tait abstained. Mayor Daly offered Ordinance No. 5639 for first reading. Refer to Ordinance Book. ORDINANCE NO. 5639: GRANTING THE MOBIL OIL CORPORATION A FRANCHISE FOR THE RIGHT TO MAINTAIN AND OPERATE A SYSTEM OF PIPELINES FOR THE TRANSPORTATION OF OIL, GAS AND OTHER SUBSTANCES IN AND ACROSS A PORTION OF JEFFERSON STREET BEWTEEN ATWOOD CHANNEL AND ORANGETHORPE AVENUE IN THE CITY OF ANAHEIM. REPORT ON CLOSED SESSION ACTIONS: C1. 112: City Attorney Jack White stated that there are no actions to report. COUNCIL COMMENTS: C2. 114: There were no Council comments. ADJOURNMENT: By general Council consent, the Council meeting of July 28, 1998 was adjourned (7:12 p.m.). No Council meeting is scheduled for August 4, 1998. The next scheduled Council meeting will be held on August 11, 1998. LEONORA N. SOHL CITY CLERK 19