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1998/08/18ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 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 CITY ATTORNEY: Jack White CITY CLERK: Leonora Sohl ASST. CITY CLERK: Ann Sauvageau PUBLIC WORKS DIRECTOR: Gary Johnson ZONING MANAGER: Greg Hastings PLANNING DIRECTOR: Joel Fick TRAFFIC/TRANSPORTATION MANAGER: John Lower TRANSPORTATION PROGRAMS PLANNER: Diana Kotler A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:15 p.m. on August 14, 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 August 18, 1998 and welcomed those in attendance (3:20 P.M.). City Manager, James Ruth introduced James Francisco, Orange County Vector Control, who will, in turn, introduce the principals present from the District. ORANGE COUNTY VECTOR CONTROL DISTRICT - STATUS REPORT/UPDATE: 102: Mr. James Francisco, Educational Coordinator, Orange County Vector Control District (OCVCD) first introduced the District’s new Trustee from the City of Anaheim, George Edwards and District Manager, Bob Sjogren. Mr. George Edwards, Trustee, OCVCD, 2528 E. Bethel, Anaheim. (Former long-time employee in the City’s Public Utilities Department). He thanked the Council for appointing him to the Board in February. He had the pleasure of participating in the employment of their new District Manager, Dr. Robert Sjogren who is from the University of California at Riverside with about 25 years of experience in the Vector Control business both in Mosquitoe Abatement Districts in Southern California and the Twin City area of Minnesota. He thereupon introduced Dr. Robert Sjogren. Dr. Robert Sjogren. He appreciates the time afforded to make a presentation this afternoon. He succeeded Mr. Gil Challet who retired in March and who was only the second Manager in the 50-year history of the District. (Mr. Challet served for over 28 years.). He brought the program to national prominence leadership in Vector Control. One of the things he wants to emphasize is to enhance the communication and the awareness of the District program and their responsibility to meet the needs of cities within the County. He appreciates the time to acquaint the Council even further with that program. He turned the presentation over to Mr. Francisco. James Francisco then explained his position with the District in the Education Department, gave the history of the District which was 50 years old in 1997, a 32-member Board of Trustees, one for the cities and one for the County. He then gave the definition of a vector -- “A vector is any insect or other arthropod, rodent or other animal of public health significance capable of causing human discomfort, injury, or capable of harboring or transmitting the causative agents of human disease.” The four vectors with which the District is concerned and controls are: mosquitoes, rats, flies and Africanized Bees. Mr. Francisco’s presentation was supplemented by a slide presentation. (Also submitted was a brochure ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998 entitled, The Orange County Vector Control District - 50th Anniversary - 1997 - Annual Report - made a part of the record). He explained what the District does and the abatement process for each of the four vectors, the importance of their work with respect to quality of life, and the extensive educational activities . Mr. Francisco also answered questions by Council Members during and after his presentation. Mayor Daly. He has seen the displays by the District particularly the one at the Orange County Fair which was well done and attracted a lot of kids and families. He thanked Mr. Francisco for the extensive and informative presentation and also Dr. Sjogren and Mr. Edwards for being present today. * * * * * * * * * * * * * * * * * * * * * * * City Manager, James Ruth. He introduced Diana Kotler, Transportation Programs Planner, who will give the presentation on the Anaheim Resort Transportation (ART). ANAHEIM RESORT TRANSPORTATION (ART) PROJECT: 173: Diana Kotler, Transportation Programs Planner, Public Works. With her today is Laurie Smith, Executive Director of the Anaheim Transportation Network (ATN) who will assist in the presentation. Also submitted was booklet entitled, Anaheim Resort Transportation - A.R.T. - which contained hard copies of the Power Point slide presentation given. In addition, the booklet contained a Draft Project Description dated August 6, 1998 - Anaheim Resort Transportation (ART) - A Transportation Solution for the New Millenium -- made a part of the record. As explained in the submittal, “The ART system will be a true public-private partnership. The system will be administered by the Anaheim Transportation Network and operated by a local private transit operator under contract to the ATN. The City of Anaheim and the OCTA will partner with the ATN to access state and federal capital funding opportunities.” Both Ms. Kotler and Smith gave different parts of the presentation which answered questions and gave extensive information -- Why ART?, how will ART benefit Anaheim?, the components of ART -- natural gas (existing), hybrid electric (cutting edge technology), pure electric (existing), zinc air (implemented in Europe), vehicle technology review, ART service issues - phase one (fixed route service), phase two (demand response service), Intelligent Transportation Systems (ITS)-Smart Shuttles, Smart Card Technology, Calstart (technical advisor, advocate, assist with tracking of information), ART Funding - initial capitalization (Federal funds, State funds, regional and local funding), operations and maintenance (fare box returns, transit assessment district, individual contracts with each property), operating cost and revenue assumptions, implementation schedule. In concluding the presentation, Ms. Kotler explained the ultimate D-Day for implementation is June 2001. What they have put together is a strong concept and one that has community support. She then submitted a number of letters of support for the Anaheim Transportation Network from different organizations and large properties within the resort area (made a part of the record). Questions were then posed by Council Members which were answered by Ms. Kotler, Ms. Smith and John Lower, the City’s Traffic and Transportation Manager. Before closing Ms. Kotler, answering the Mayor, stated that tonight the Council will be approving the first funding application (see Item A7. on City Council Agenda), and other funding applications will be forthcoming within the month. The concept “white paper” is due at the end of October. That is the first deadline for Federal funding opportunities. Council Member Tait. He asked if it was crucial that the Council decides tonight; Diana Kotler. She answered, yes. It was approved in the last legislative session under the Petroleum Escrow Violations Account and the offer expires at the end of the month for the receipt of the $225,000. They do not have to spend it until 2001, but they have to accept it and sign the contract. Mayor Daly thanked Ms. Kotler and Ms. Smith for the informative and in-depth presentation and look forward to a further update. 2 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998 REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there were no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Closed Session items. The following items are to be considered at the Closed Session. CONFERENCE WITH LABOR NEGOTIATOR 1. Employee organi zation: Anaheim Municipal Employees Association. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 2. 54956.9(a) - Existing Litigation: 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 REAL PROPERTY NEGOTIATOR 3. (Government Code Section 54956.8) Property: Sportstown Project (approximately 40 acres south of Katella/east of State College Boulevard). Negotiating parties: Forest City Development California, Inc. and City of Anaheim. Under negotiation: Price and terms. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 4. 54956.9 (a) - EXISTING LITIGATION Name of case: People vs. Daly, North Orange County Municipal Court Case No. AN98NM00879 RECESS: Mayor Daly moved to recess into Closed Session. Council Member Lopez seconded the motion. MOTION CARRIED. (4:05 p.m.) AFTER RECESS: Mayor Daly called the regular Council meeting of August 18, 1998 to order at 5: 20 P.M. and welcomed those in attendance. INVOCATION: Pastor Carlos A. Saravia Primera Iglesia Baptista Hispana de Anaheim gave the invocation. FLAG SALUTE: Council Member Tom Tait led the assembly in the Pledge of Allegiance to the Flag. PROCLAMATION: 119: The following Proclamation was issued by Mayor Daly and authorized by the City Council: Fill the Boot Day in Anaheim, August 22, 1998 - Anaheim Firefighters Roger Smith, Operations Chief and Scott Van Horn, Anaheim Fire Association accepted the Proclamation. They were accompanied by Penny Jones, Muscular Dystrophy Program Coordinator who was present to express the appreciation of the Orange County Chapter of the Muscular Dystrophy Association for the ongoing support of the Anaheim Fire Association. Their support is an integral part of 3 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998 the whole MS program. This year, Anaheim Firefighters will be trying to Fill the Boot at State College and Katella from 8:30 a.m. until about 2:00 p.m. on August 22. Mayor Daly and Council Members welcomed Ms. Jones and further commended the AFA for their fund- raising efforts on behalf of the Muscular Dystrophy Program. Mayor Daly announced if anyone wished to speak to item A19., the ambulance contract, that they speak at the time the item is considered which will be immediately after the consent calendar items (A1 - A18). FINANCIAL DEMANDS AGAINST THE CITY in the amount of $691,105.55 for the period ending August 17, 1998 , in accordance with the 1998-99 Budget, were approved. Mayor Daly recessed the City Council Meeting until after the Redevelopment Agency and Anaheim Public Improvement Corporation meetings. (5:27 p.m.) Mayor Daly reconvened the City Council Meeting (5:58 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. PUBLIC COMMENTS - AGENDA ITEMS: Public input was received on Item A19 (see discussion under that item). MOTION: Mayor Daly moved to waive reading in full of all o rdinances and resolutions to be acted upon for the Council meeting of August 18 , 1998. Council Member Lopez seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A19: On motion by Mayor Daly, seconded by Council Member Lopez , 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-166 through 98R-171 , both inclusive, for adoption. Mayor Daly offered Ordinance Nos. 5640 for adoption and 5646 for first reading. Refer to Resolution/Ordinance Book. A1. 118: Rejecting and denying certain claims filed against the City. Referred to Risk Management. The following claims were filed against the City and actions taken as recommended: a. Claim submitted by Marilyn Ou for property damage sustained purportedly due to actions of the City on or about June 19, 1998 . b. Claim submitted by Anaheim Union High School District for indemnity sustained purportedly due to actions of the City on or about July 8, 1997 . c. Claim submitted by Isabel Guardado for property damage sustained purportedly due to actions of the City on or about June 30, 1998 . d. Claim submitted by Kenneth and Diane Simonds for property damage sustained purportedly due to actions of the City on or about May 21, 1998. 4 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998 e. Claim submitted by Pacific Bell , c/o David J. Benner, Esq., for indemnity sustained purportedly due to actions of the City on or about April 9, 1997 . f. Claim submitted by Pacific Bell , Attn: Richard Arredondo for property damage sustained purportedly due to actions of the City on or about March 3, 1998 . A2. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held July 1, 1998. 105: Receiving and filing minutes of the Golf Advisory Commission meeting held June 25, 1998. 117: Receiving and filing the In vestment Portfolio Report for the month of July, 1998, as submitted by the City Treasurer. 116: Receiving and filing the 1997/98 annual report as submitted by the City Manager.. A3. 158: Approving the Acquisition Agreement for real property at 1773 South Rainier Court (R/W 5220-17) - Katella Avenue Smart Street Improvement Project; authorizing the Mayor and City Clerk to execute said Agreement; and authorizing the acquisition payment of $141,000 to Orange Coast Title Escrow. A4. 175: Approving Co ntract Change Order No. 1, in the not-to-exceed amount of $359,247.55, in favor of Pouk & Steinle, Inc., for the I-5 Segment “A2/A3, SR-91 & Katella/Southwest 69kV” Electrical System Relocation & Demolition; and authorizing the Director of Public Works to execute Contract Change Order No. 1. A5. 175: Approving Contract Change Order No. 1, in the not-to-exceed amount of $110,000 in favor of Pouk & Steinle, Inc., for the I-5 Segments “B, C, & D” Electrical System Relocation; and authorizing the Directo r of Public Works to execute Contract Change Order No. 1. A6. 123: Approving assignment of the second phase of the ongoing retro-fitting project of the City’s traffic signals with red Light Emitting Diode (LED) balls and arrows, from McCain Traffic Supply to Dialight Corporation, for an amount not-to-exceed $200,000; and amending the contract to reduce the scope of work, price, and add new technical requirements. 106: Amending the Department of Public Works Capital Improvement Projects budget, by i ncreasing appropriations in Revenue Account No. 275-412-3798-1895 (Partnership in Energy Loan) and Expenditure Account No. 275-412-3798-7851 (Public Works Construction) by the amount of $200,000 in FY 1998/99. A7. 123: Approving an Agreement with the California Energy Commission for $225,000 to develop the Anaheim Resort Transportation (ART) System for the development of a shuttle system in the Anaheim Resort area. A8. 123: Authorizing the City Manager to enter into an Agreement with Caltrans for th e use of the Traffic Signal Control Software. A9. 158: RESOLUTION NO. 98R-166 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 5240-2, etc.) A10. 108: ORDINANCE NO. 5640 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 3.04.140 of Chapter 3.04 of, and adding Chapter 3.18 to, Title 3 of the Anaheim Municipal code relating to Business Licenses. (To provide for a reduc ed rate Hobby 5 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998 Tax on small home based businesses.) (Introduced at the meeting of August 11, 1998, Item A10.) A11. 161: Approving the concept plans for Historical District monuments for the Anaheim Colony Historic District. Council Member Zemel. He asked if the $150,000 of CDBG funds is from the 85% (bricks and mortar) or the 15% public service cap. Lisa Stipkovich, Executive Director of Community Development. This is from the “bricks and mortar” portion of Block Grant funds. It qualifies as a public improvement. Tonight they are asking for approval of the concept plans and they will come back with the final drawings at a later date. Mayor Daly asked if the renderings of the monuments that are to be installed are approximate in nature and not the final; Mrs. Stipkovich stated these are concept plans and they wanted to make sure they got approval of the concept plans before moving forward. There might be minor changes and they will be more cognizant of where the changes will be. The Council will be getting these back for final approval. Mayor Daly asked if the conceptual designs are considered craftsman in style; Mrs. Stipkovich. There has been a lot of discussion on that issue. She believes it is reflective of an historical look. She does not know if it is craftsman but reminiscent of some of the older buildings in the area, not necessarily craftsman. The shape and style is also traditional. This was deemed to be the more traditional looking monument. They felt this to be the most appropriate. Mayor Daly. He feels they need to be careful in the final design to capture the flavor of the Colony Historic District. He looks forward to the final version. A12. 123: RESOLUTION NO. 98R-167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (I) approving and authorizing the execution of the Master Development Agreement by and among the City of Anaheim, the Anaheim Redevelopment Agency and Forest City Development California, Inc., and (II) making certain findings related thereto. (Sportstown) Council Member Tait declared a conflict on this item and will, therefore, be abstaining from discussion and voting. Also see presentation given as well as discussion and input on the Item which was given under the Redevelopment Agency Meeting today (See Redevelopment Agency Minutes of August 18, 1998, Agency Item 1.) the Agency adopted the resolution approving and authorizing the execution of the subject Master Agreement. A13. 113: RESOLUTION NO. 98R-168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the Records Retention Schedule for the Finance Department. 113: RESOLUTION NO. 98R-169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the Records Retention Schedule for the Community Development Department. 113: RESOLUTION NO. 98R-170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the Records Retention Schedule for the Maintenance Department. 113: RESOLUTION NO. 98R-171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the Records Retention Schedule for the Planning Department. A14. 159: Supporting Alternative 1 (Overlay) for the 714 area code expansion as the preferred method of adding another area code to the existing 714 calling area. 6 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998 A15. 148: Designating two City Council Members to be Delegate and Alternate representatives at the Annual League of California Cities Conference in Long Beach October 2 - October 4, 1998, at the Long Beach Convention Center. A16. 108: ORDINANCE NO. 5646 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending various Sections of Chapter 18.89 of Title 18 of the Anaheim Municipal Code relating to Sex-Oriented Businesses. Council Member Zemel. He complimented the City Attorney and staff regarding the proposed amendment to the Anaheim Municipal Code (AMC) regarding Sex Oriented Businesses (SOB). Sometime back, he proposed that the Council establish a SOB Task Force and he and Council Member Lopez were appointed to that. There were many meetings and a Town Hall meeting. As a result, an excellent amendment has come out on the issue. This will help to keep Anaheim neighborhoods safe and eliminating the adverse effects of those types of businesses. They are on the right track and puts the City a couple of steps ahead. Mayor Daly. The City Attorney’s Office deserves special focus for their successful prosecutions recently of violations in the businesses. It was those successful prosecutions which will allow the City to move forward more successfully in the future. A17. 123: Approving an Agreement with Boeing Company for the use of its facilities by Anaheim Police Department Personnel for training purposes. Council Member Tait declared a conflict on this item and will, therefore, be abstaining from discussion and voting. A18. 114: Approving minutes of the Anaheim City Council meeting held July 28, 1998. Roll Call Vote on Resolution Nos. 98R- 166 through 98R-171 , both inclusive, 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-166 through 98R-171 , both inclusive, duly passed and adopted. Roll Call Vote on Ordinance No. 5640 for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS:None ABSENT: MAYOR/COUNCIL MEMBERS : None The Mayor declared Ordinance No. 5640 duly passed and adopted. END OF THE CONSENT CALENDAR. MOTIONS CARRIED. CONTRACT FOR EMERGENCY TRANSPORTATION (AMBULANCE) SERVICES FOR A19. 129: THE CITY OF ANAHEIM: Authorizing City staff to enter into negotiations with Care Ambulance Services, Inc. to develop a contract for emergency transportaion services for the City of Anaheim. this mater was continued from the meetings of May 26, June 9, June 23 and July 21, 1998 to this date. City Manager, James Ruth. The staff report before the Council is the same report as submitted on July 21, 1998. At that meeting, additional information was requested. They hired a consultant to look at the technical aspects of the RFP process and findings of the review panel and staff. They entered into an 7 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998 agreement with Energy Consultant Research Center (ECRC). The information was provided to the Council last week (see report dated August 11, 1998 from ECRC - made a part of the record). The consultant who prepared the report is in the audience and will be available to respond to any questions. Staff has nothing to add to the report and the matter is before the Council for consideration tonight. Mayor Daly. The item was submitted to the Council starting on May 26, 1998 and also discussed on June 9, June 23 and July 21, 1998 (see minutes those dates). The new evaluation is in hand with a bottom-line conclusion and analysis. The Mayor asked if there were questions of staff at this time; there being none, he asked if the public would like to comment. The following people then spoke: Michael Demos, President, Medix Ambulance Services, 26021 Pala Drive, Mission Viejo. He expressed concerns and what he considered weaknesses of the process and also why his company is the most experienced local provider. He urged the Council to cancel the RFP now, cooperatively amend the process, and start over. Sharon Maas, 395 Old Bridge Road, Anaheim. The City needs to have the best experience and most experienced company. She believes the company chosen is not that company. There needs to be a new RFP because the company chosen does not have the historical experience and the community may suffer because of that lack of experience. Ed Rose, CEO of American Medical Response (AMR), Southern California Division. They have been providing service for 37 years in Anaheim. He spoke to the issue of experience and is surprised at ECRC’s result. He asked on behalf of AMR that the Council reconsider the process, relet the process and let some other organization run the RFP and there will be a very different result. No matter what, AMR insures there will be no interruption of service in the City of Anaheim. Frank Bryan, Medix Ambulance Services. In public safety, experience is extremely critical and the RFP did not emphasize experience, at least 911 experience. He urged that the Council make the same decision as the Fire Department dispatchers have made in utilizing their services services and consider selecting Medix Ambulance Services. Mayor Daly. That concludes the public comments portion of the matter. Council Member Tait. He was the one who asked for the second opinion. He then asked that the consultant, Mr. Mayfield (ECRC) the qualifications of his firm and why he is qualified to give his opinion; Mr. Ty Mayfield, Vice President, Emergency Consulting & Research Center, Carlsbad gave the background of his firm which specializes in the area of EMS (emergency medical systems) system design. (See pg. 1 of ECRC report dated August 11, 1998). He also gave his personal qualifications. Council Member Tait. One of the concerns he has heard, Mr. Mayfield’s firm works primarily for cities and may not or would be reluctant to go against the wishes of a Fire Department or a City. He asked if he had ever gone against staff recommendations. Mr. Mayfield answered, many times. They do not have any preconceived notions when they begin a project and there have been numerous times when they have not been able to support the Fire Department’s/City’s decision, particularly in Boston, Honolulu, Hemet and San Jacinto. Also, when labor organizations have hired them to make an evaluation,on occassions they have not been able to support them as well. Council Member Tait then posed a line of questions relative to the process used and the conclusion arrived at which were answered by Mr. Mayfield in some detail (and as outlined in his report of August 11, 1998), the conclusion being that one provider outscored the others across the board in seven or eight categories. The overall score was somewhat lower than that developed by the reviewing panel but the difference between No. 1 and 2 was larger than the difference scored by the panel. Relative to the 8 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998 experience factor, what everyone needs to remember, this is a City run emergency 911 system operated by the Fire Department and they are responsible for everything that happens. Any organization that can competently manage a fleet, can do the work. In regards to a given individual organization, the health care environment has been changing radically and dynamically over the last five or six years. Any operation today can be successful within this environment. Council Member Zemel asked if he was saying the job is easier today; Mr. Mayfield answered, not at all and explained why. Organizations that can flourish in this rapidly-changing, dynamic environment can be successful. Council Member Zemel then read excerpts from a San Mateo RFP wherein it was emphasized that experience was the primary component which seemed to be in conflict with what he (Mayfield) was saying. Mr. Mayfield stated that ECRC designed the system in San Mateo County. He explained, in San Mateo County, the ambulance provider is expected to operate the entire EMS system. In Anaheim, the Fire Department does everything except the transportation. Council Member Zemel surmised then that basically experience doesn’t matter unless the Fire Department is not taking the phone call; Mr. Mayfield answered that is correct. The Fire Department (in Anaheim) has a long history of running this system and operating it properly. Council Member Zemel. He asked if ECRC’s advice is then based on the fact that as long as the Fire Department answers the phone, experience is inconsequential. Mr. Mayfield answered, for the transportation component in Anaheim, that is true. He also confirmed for Council Member McCracken that the results came out in the same order as they did in the original committee’s report with only one change in one category which he explained. Council Member Tait. This is probably one of the most important decisions the Council has to make and that’s why he asked for a second opinion. Initially they asked for a staff recommendation and the Fire Department recommended CARE Ambulance. There were five independent individuals who also unanimously recommended CARE, one being an emergency-room physician who he asked specifically that the process include, and he also recommended CARE. It was sent out for a second opinion by a management consultant and they recommended CARE. Finally, he asked for another opinion by a firm with experience in emergency transportation and they also recommended CARE. He is not qualified to make the decision but relies on staff and in this case a second opinion and a third opinion. There are five firms involved, all good firms. He is interested in having the best firm for the people of Anaheim. He asked for confirmation of ECRC’s recommendation simply put. Ty Mayfield stated, one company scored notably higher than the rest, and that was CARE Ambulance. Council Member Tait. For all these reasons, he will be supporting the staff recommendation and the recommendation of the second and third opinion. MOTION. Council Member McCracken moved to authorize City staff to enter into negotiations with CARE Ambulance Services, Inc., to develop a contract for emergency transportation services for the City of Anaheim. Council Member Lopez seconded the motion. Before a vote was taken, Council Member Zemel stated he will not be supporting the motion for all the reasons he stated at previous Council meetings (see meetings listed above). He has a lot of respect for a lot of people who have been involved in the process. He feels that Council Member Tait has gone the extra mile in checking this out. He cannot speak against the Council’s decision but he still has problems with a lot of the other issues that he has previously mentioned. He will be voting against. Mayor Daly. He believes they knew when they invited proposals starting the process 18 months ago, it would be very competitive and that is the reason the City Manager brought it to the Council -- a process 9 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998 that would result in the absolute best service in Anaheim. The Fire Chief designed the quality process, involved private citizens in the review and he feels the quality of that process has been confirmed and verified by many experts including outside independent experts. He appreciates the long, hard and professional work of City staff in bringing the matter to them. A vote was then taken on the foregoing motion. AYES: McCracken, Tait, Lopez, Daly. NO: Zemel. ITEMS B1 - B2 FROM THE ZONING ADMINISTRATOR MEETING OF JULY 30, 1998 DECISION DATE: AUGUST 6, 1998 INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 21, 1998: VARIANCE NO. 4343, AND NEGATIVE DECLARATION: B1. 179: OWNER: Clemencio and Luz Apeles, 1572 Pegasus, Santa Ana Heights, CA 92707 LOCATION: 626 South Harbor Boulevard. Property is a rectangularly-shaped parcel of land consisting of 0.10 acre, having a frontage of 48 feet on the east side of Harbor Boulevard and being located 353 feet south of the centerline of Water Street. Waiver of minimum number of parking spaces to establish a medical clinic with a maximum of two employees. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4343 APPROVED, with additional conditions (ZA DECISION NO. 98-20). Approved Negative Declaration. VARIANCE NO. 4344, AND NEGATIVE DECLARATION: B2. 179 OWNER: Stephen Hs u, 435 W. Katella Avenue,. Anaheim, CA 92802 AGENT: Wenna Chen c/o JWDA, 430 S. Garfield Avenue, Ste. 400, Alhambra, CA 92802 LOCATION: 515 West Katella Avenue - Four Points Sheraton Hotel. Property is a rectangularly-shaped parcel of land consisting of 1.09 acres, having a frontage of 190 feet on the north side of Katella Avenue, having a maximum depth of 250 feet and being located 260 feet east of the centerline of Harbor Boulevard. Waiver of minimum number of parking spaces to establish a 3,32 5 square foot restaurant in a 74,000 square foot, 4-story, 72-room, suite-type hotel. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Approved Variance No. 4344 (ZA DECISION NO. 98-21). Approved Negative Declaration. END OF THE ZONING ADMINISTRATOR ITEMS. ITEMS B3 - B14 FROM THE PLANNING COMMISSION MEETING OF AUGUST 3, 1998: INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 25, 1998: CONDITIONAL USE PERMIT NO. 1081 CATEGORICALLY EXEMPT, CLASS 1: B3. 179: OWNER: Wang Chih W. & Mei H. L., 539 South Santa Anita Avenue, Pasadena, CA 91107- 5251 AGENT: Debra Gray, 3360 West Lincoln Avenue, Anaheim, CA 92801 LOCATION: 3360 West Lincoln Avenue - El Dorado Inn. Property is 1.80 acres located on the south side of Lincoln Avenue, 785 feet east of the centerline of Knott Avenue. To amend or delete conditions of approval pertaining to motel operations. ACTION TAKEN BY THE PLANNING COMMISSION: Approved amendment to conditions of approval for CUP NO. 1081 (PC98-111) (4 yes votes, 1 no vote, 1 absent, and 1 vacancy). CONDITIONAL USE PERMIT NO. 1042 CATEGORICALLY EXEMPT, CLASS 1: B4. 179: OWNER: Wong Kuok-Su, 539 South Santa Anita Avenue, Pasadena, CA 91107-5251 AGENT: Debra Gray, 3360 West Lincoln Avenue, Anaheim, CA 92801 10 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998 LOCATION: 2630 West Lincoln Avenue - Valencia Inn. Property is 1.69 acres located on the south side of Lincoln Avenue, 300 feet east of the centerline of Stinson Street. To amend or delete conditions of approval pertaining to motel operations. ACTION TAKEN BY THE PLANNING COMMISSION: Approved amendment to conditions of approval for CUP NO. 1042 (PC98-112) (4 yes votes, 1 no vote, 1 absent, and 1 vacancy). CONDITIONAL USE PERMIT NO. 4040, AND NEGATIVE DECLARATION: B5. 179: OWNER: Don L. Garcia and Lisa F. Morales, 25622 Salerno Way, Yorba Linda, CA 92686 AGENT: Mario Morales, 25622 Salerno Way, Yorba Linda, CA 92686 LOCATION: 914 South Harbor Boulevard. Property is 1.13 acres located south and east of the southeast corner of Harbor Boulevard and Ve rmont Avenue. To permit a day care facility with a maximum of sixty (60) children within an existing 4,785 square foot building. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4040 GRANTED (PC98-113) (4 yes votes, 1 abstained, 1 absent, and 1 vacancy). Approved Negative Declaration. Council Member Lopez. He would like clarification that this is the type of business suited for the subject area; Greg Hastings, Zoning Division Manager. Staff and the Planning Commission looked carefully at the size of the property. After redesign of the original proposal it was determined to be large enough both inside and outside of the building for the proposed use. He confirmed there were no negative comments from the neighborhood. Council Member McCracken noted it is next to the old County agricultural building site which will probably be developed with an elementary school some time in the future. VARIANCE NO. 1229, AND NEGATIVE DECLARATION: B6. 179: OWNER: Gregory Parkin, 2500 W. Orangethorpe #V, Fullerton, CA 92633 AGENT: Mohsen Abdolsalehi, 7830 Crescent Ave., Buena Park, CA 92680 LOCATION: 823 South Beach Boulevard - Covered Wagon Motel. Property is 1.3 acre located on the west side of Beach Boulevard, 975 feet north of the centerline of Ball Road. To consider reinstatement of Variance No. 1229 by the modification or deletion of a condition of approval pertaining to a time limitation to retain an existing 70-unit motel. ACTION TAKEN BY THE PLANNING COMMISSION: Denied reinstatement of Variance No . 1229 (PC98-117) (5 yes votes, 1 absent, and 1 vacancy). Denied Negative Declaration. CONDITIONAL USE PERMIT NO. 2090, AND NEGATIVE DECLARATION: B7. 179: OWNER: Harvey Owen, 11061 Huntington Drive, Santa Ana, CA 92705 AGENT: Alison Sanders, 1160 North Kraemer Blvd., Anaheim, CA 92806 LOCATION: 1160 North Kraemer Boulevard - The Shack. Property is 0.9 acre located on the east side of Kraemer Boulevard, 242 feet south of the centerline of Coronado Street. To consider reinstatement of this p ermit by the modification or deletion of a condition of approval pertaining to a time limitation to retain a public dance hall in conjunction with a 5,400 square foot restaurant with sales of alcoholic beverages for on-premises consumption. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement of CUP NO. 2090 for one year, to expire August 27, 1999 (PC98-118) (5 yes votes, 1 absent, and 1 vacancy). Negative Declaration previously approved. CONDITIONAL USE PERMIT NO. 3676, AND NEGATIVE DECLARATION: B8. 179: INITIATED BY: City Anaheim, Redevelopment Agency, 201 South Anaheim Boulevard, Suite 1003, Anaheim, CA 92805 LOCATION: 411 West Broadway. Property is 5.28 acres located on the north side of Broadway, 150 feet west of the centerline of Clementine Street. 11 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998 To consider reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation to retain temporary classrooms and office space within the ground floor retail space are a of an existing parking garage with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement of CUP NO. 3676 (PC98-119) (5 yes votes, 1 absent, and 1 vacancy). Negative Declaration previously approved. SPECIMEN TREE REMOVAL PERMIT NO. 98-2 AND NEGATIVE DECLARATION: B9. 179: OWNER: Woodridge Custom Homes, I, L.L.C., 27285 Las Ramblas #230, Mission Viejo, CA 92691 AGENT: Hunsaker & Associates, Attn: Dan Hosseinzadeh, 3 Hughes Rd., Irvine, CA 92618 LOCATION: 752-754 Peralta Hills Drive. Property is 2.2 acres located on the east side of Peralta Hills Drive, 750 feet south of the centerline of Crescent Drive. To permit the removal of 14 Specimen Pepper Trees in connection with the grading of two (2) residential lots for the construction of two (2) single-family residences. ACTION TAKEN BY THE PLANNING COMMISSION: Approved Specimen Tree Removal Permit No. 98-2 5 yes votes, 1 absent, and 1 vacancy) Approved Negative Declaration. SPECIMEN TREE REMOVAL PERMIT NO. 98-3 AND NEGATIVE DECLARATION: B10. 179: OWNER: Woodbridge Custom Homes, 1, L.L.C., 27285 Las Ramblas, #230, Mission Viejo, CA 92691 AGENT: Hunsaker & Associates, Attn: Dan Hosseinzadeh, 3 Hughes Rd., Irvine, CA 92618 LOCATION: 390 and 420 Peralta Hills Drive. Property is 1.0 acre located on the north side of Peralta Hills Drive, 280 feet west of the centerline of Belleza Road. To permit the removal of 11 Specimen Trees (6 Eucalyptus, 4* Pepper and 1 Oak tre e) in connection with the grading of two (2) residential lots for the construction of 2 single-family residences. ACTION TAKEN BY THE PLANNING COMMISSION: Approved Specimen Tree Removal Permit No. 98-3 (5 yes votes, 1 absent, and 1 vacancy). Approved Negative Declaration. CONDITIONAL USE PERMIT NO. 4045 CATEGORICALLY EXEMPT, CLASS 11: B11. 179: OWNER: Home Depot U.S.A., Inc., Attn: Joe McFarland, 601 S. Placentia Ave., Fullerton, CA 92831 AGENT: Carnival Carts, Attn: Marlene Brown, 3916 E. Miraloma Ave., Anaheim, CA 92806 LOCATION: 800 North Brookhurst Street - Home Depot. Property is 9.45 acres located at the northeast corner of Gramercy Avenue and Brookhurst Street. To permit a portable food service use (hot dog cart) in conjunction with a permitted retail store. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4045 GRANTED (PC98-120) (5 yes votes, 1 absent), and 1 vacancy). CONDITIONAL USE PERMIT NO. 4049, AND NEGATIVE DECLARATION: B12. 179: OWNER: Knollwood Partnership, Attn: Arnold Familian, 12150 Summit Place, Beverly Hills, CA 90210 AGENT: Paul Kott Realtors, Inc., Attn: Paul Kott, 1225 W. Lincoln Ave., Anaheim, CA 92805 LOCATION: 1163 and 1165 Knollwood Circle. Property is 1.69 acres located on the west side of Knollwood Circle, 450 feet north of the centerline of Woodland Drive. To permit towing and impound services including indoor and outdoor vehicle storage. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4049 GRANTED (PC98-121) (5 yes votes, 1 absent, and 1 vacancy). Approved Negative Declaration. 12 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998 Council Member Zemel. The comment was made to him that the Police have a contract with them and they have to be inside the City. He also knows that the Police have contracts with other ones as well. He asked if there was something that says there has to be a third impound yard. Joel Fick. It is the circumstance that exists. They did consult with and got comments from the Police Department. They have contracts with the towing companies on a rotational basis and in order to achieve those contracts, they do have to be located within City limits; Council Member Zemel asked if by law or is it policy. Mr. Fick answered he did not know the specific answer but his belief is it would be a policy and practice as well. Council Member Zemel. He would like to take a second look at this before going forward. He would like to have input from the Police Department as to why they have to have three impound yards all within the City limits. He thereupon requested a review of the Planning Commission’s decision; Council Member Lopez concurred and, therefore, a Public Hearing will be set at a later date. REPORT AND RECOMMENDATION ITEMS: CONDITIONAL USE PERMIT NO. 3742 - REQUEST FOR DETERMINATION OF B13: SUBSTANTIAL CONFORMANCE AND NEGATIVE DECLARATION: Cory Kemp (Puddles Car Wash) 2037 East Ball Road, Anaheim, CA 92806, requests determination of substantial conformance to retain two wall signs in conjunction with a previously approved car wash facility. Property is located at 2037 East Ball Road - Puddles Car Wash. ACTION TAKEN BY THE PLANNING COMMISSION: Determined to be in substantial conformance. CONDITIONAL USE PERMIT NO. 3994 - REQUEST FOR DETERMINATION OF B14: SUBSTANTIAL CONFORMANCE AND NEGATIVE DECLARATION: Howard CDM, Steven Phillips, 2161 Gundry Avenue, Signal Hill, CA 90806, request for determination of substantial conformance pertaining to temporary above-ground utility lines in conjunction with an outdoor s wapmeet operation. Property is located at 1500 North Lemon Street (formerly Anaheim Drive-In). ACTION TAKEN BY THE PLANNING COMMISSION: Determined to be in substantial conformance. Mayor Daly. This is a request by the operator of a swap meet that above-ground utility lines on a temporary basis should be acceptable. Staff is recommending against. The Planning Commission found substantial conformance to allow those above-ground utility wires on a temporary basis. He asked what was staff’s thinking in recommending against and the Planning Commission allowing the use. Greg Hastings, Zoning Division Manager. Staff was concerned because of the visibility to the freeway as well as the precedent being set for above-ground utility lines and poles. In this particular case, the Planning Commission felt comfortable realizing the use will expire January 31, 2000 and the fact that they are willing to paint the poles to blend in with the area. The poles would also have to come down immediately after the 1/31/2000 deadline. The poles are rented and when they stop paying rent, they will be out of there immediately. Joel Fick. In addition, there is another potential land use pending for the site that the Planning Commission will be considering in the near future. He confirmed for the Mayor that the new use is in process presently and they are working on the EIR right now. 13 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998 END OF THE PLANNING COMMISSION ITEMS FROM 8/3/98. ORDINANCES FOR ADOPTION: B15. 179: ORDINANCE NO. 5641 (ADOPTION) Amending Title 18 to rezone property under Reclassification No. 96-97-10 located at 128 and 202 South Olive Street (PORTION A); and 203, 209, 211 and 215 South Olive Street (PORTION B) from the RM-1200 zone to the RM-2400 zone. (Introduced at the meeting of August 11, 1998, Item B7.) B16. 179: ORDINANCE NO. 5642 (ADOPTION) Amending Title 18 to rezone property under Reclassification No. 97-98-06 located at 7777 East Santa Ana Canyon Road from the CO zone to the CL zone. (Introduced at the meeting of August 11, 1998, Item B8.) B17. 179: ORDINANCE NO. 5643 (ADOPTION) Amending Title 18 to rezone property under Reclassification No. 97-98-09 located at 112-218 South Brookhurst Street from the CL zone to the RM-3000 zone. (Introduced at the meeting of August 11, 1998, Item B9.) B18. 179: ORDINANCE NO. 5644 (ADOPTION) Amending Title 18 to rezone property under Reclassification No. 97-98-16 located at 8015-8095 East Crystal Drive from the CL(SC) zone to the ML(SC) zone. (Introduced at the meeting of August 11, 1998, Item B10.) B19. 155: ORDINANCE NO. 5645 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Ordinance No. 5109 relating to the Anaheim Hills Festival Specific Plan No. 90-1 (Amendment No. 3). (Introduced at the meeting of August 11, 1998, Item D2.) Mayor Daly offered Ordinance Nos. 5641 through 5645 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 96-97-10 LOCATED AT 128 AND 202 SOUTH OLIVE STREET (PORTION A); AND 203, 209, 211 AND 215 SOUTH OLIVE STREET (PORTION B) FROM THE RM-1200 ZONE TO THE RM-2400 ZONE. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 97-98-06 LOCATED AT 7777 EAST SANTA ANA CANYON ROAD FROM THE CO ZONE TO THE CL ZONE. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 97-98-09 LOCATED AT 112-218 SOUTH BROOKHURST STREET FROM THE CL ZONE TO THE RM-3000 ZONE. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 97-98-16 LOCATED AT 8015-8095 EAST CRYSTAL DRIVE FROM THE CL(SC) ZONE TO THE ML (SC) ZONE. 14 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 5109 RELATING TO THE ANAHEIM HILLS FESTIVAL SPECIFIC PLAN NO. 90-1 (AMENDMENT NO.3). Roll Call Vote on Ordinance Nos. 5641 through 5645 , both inclusive, for adoption: AYES: MAYOR/COUNC IL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Ordinance Nos. 5641 through 5645 , both inclusive, duly passed and adopted. RECESS: By general Council consent, the Council meeting was recessed for 10 minutes (6:53 p.m.). AFTER RECESS: Mayor Daly called the meeting to order, all Council Members being present (7:07 p.m.). TENTATIVE TRACT MAP AND TENTATIVE PARCEL MAP APPROVED AT THE PLANNING COMMISSION MEETING HELD AUGUST 17, 1998. 10-DAY APPEAL PERIODS ENDS: AUGUST 27, 1998 CEQA - NEGATIVE DECLARATION RECLASSIFICATION NO. 98-99-02, B20. 179: VARIANCE NO. 4345, TENTATIVE TRACT MAP NO. 15703: OWNER: Tatsuye Shozi, Tom Shozi, Yohko Shozi, Ray Shozi, and Takeo Shozi, 3038 West Orange Avenue, Anaheim, CA 92804 AGENT: Greystone Homes Attn: Douglas Woodward, 26 Executive Park #100 Irvine, CA 92614. LOCATION: 3038 West Orange Avenue. Property is 10.3 acres located at the southeast corner of Halliday Street and Orange Avenue. Reclassification No. 98-99-02 - to reclassify syubject property from RS-A-43,000 Zone to the RS- 5000 Zone or a less intense zone. Variance 4345: Waiver of minimum lot size and maximum lot coverage to construct a 71-unit, 2 story single family residential subdivision. Tentative Tract Map No. 15703 - to establish a 74-lot (including 3 lettered lots) 71-unit 2 story single family residential subdivision. PLANNING COMMISSION ACTION: Granted Reclassification (PC98-128) 6-0 one vacant seat Granted Variance (PC98-129) 6-0 one vacant seat Approved Tentative Tract Map No. 15703 6-0 one vacant seat ENVIRONMENTAL IMPACT REPORT NO. 322, RECLASSIFICATION 98-99-04, B21. 155: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 4034 TENTATIVE PARCEL MAP NO. 97-187: OWNER : Plaza Properties, LLC, 13031 Newport Avenue, Suite 200, Tustin CA 92760 AGENT : John Killen A.I.A, 13031 Newport Avenue, Suite 200 Tustin ca 92780 LOCATION : 1500 South Douglass Road - Arena Corporate Center Property is 24.5 acres located on the east side of Douglass Road, 1,080 feet north of the Centerline of Katella Aveune. Reclassification No. 98-99-04- to reclassify this property from the RS-A- 43,000 zone to the CO Zone. Conditional Use Permit No. 4034 - to construct a 982,000 square foot commercial mixed use center consisting of a 290,000 square foot 10 story office building, two 180,000 square foot (each) 6-story office buildings, a facility, a 7,000 square foot restaurant, a 200-room, 160,000 square foot hotel, 3-level* parking structure and a 4-level parking structure, with waiver of minimum parking lot landscaping and minimum structural and landscape setback. 15 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998 Tentative Parcel Map No. 97-187 : To establish a 9-lot commerical subdivision for a 982,000 square foot commercial mixed-use complex. *Advertised as 2-level PLANNING COMMISSION ACTION: Reclassification granted (PC98-133) Conditional Use Permit Granted (PC98-134) Tentative Parcel Map approved (5-0 Commissioner Peraza absent, one vacant seat) Council Member McCracken. The Council just received these two items because the Planning Commission meeting was held only yesterday and there is a 10-day appeal period relative to the Tentative Tracts. She has not had time to look at the background material on either of these and would like to reserve the right to set them for a Public Hearing with the support of another Council Member which would have to occur before the next Council meeting. Mayor Daly. It has been the practice in the past to do that. The Planning Commission acted just yesterday and the paperwork was just submitted today. What Council Member McCracken is proposing is consistent with policy and with past practice. City Clerk Sohl. The Council would have until August 27, 1998 to do that. She also reminded Council Members the remainder of the items (reclassification, variance, CUP) still have a 22-day appeal period and could be appealed further out than August 27. Council Member Zemel asked for clarification if Item B21 wouldn’t be coming to them automatically in the future. Joel Fick, Planning Director. He stated that item (and B20) would appear on a future consent calendar for review. The Tentative Tract and Parcel Maps are on a 10-day appeal period and are also conditioned contingent upon the other items the Council will be reviewing as well. Mayor Daly asked if the items will be appearing on the usual B item consent calendar in the same form; City Clerk Sohl answered, yes (both B20. and B21). City Attorney White explained State statute imposes the 10 days on Tentative Tract and Parcel Maps whereas the other actions get 22 days; Mayor Daly. Both items will be back to the Council in the future. CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 97-98-17 D1. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 4022 TENTATIVE TRACT MAP NO. 15660, AND NEGATIVE DECLARATION: OWNER: Edward’s Family Trust, Robert W. Edwards, Shirley E. Edwards (Trustees), 711 South Velare Street, Anaheim, CA 92804 AGENT: Denar, Inc., Attn: Bahram Ghassemi, 1001 Sandcastle Drive, Corona Del Mar, CA 92625 LOCATION: 711 South Velare Street. Property is 0.61 acre located on the west side of Velare Street, 950 feet south of the centerline of Orange Avenue. Reclassification No. 97-98-17: To reclassify this property from the RS-A-43,000 Zone to the RM-3000 Zone or a less intense zone. Conditional Use Permit No. 4022: To construct a 1-lot 7-unit detached residential condominium development with waiver of minimum distance between buildings and minimum private street standards. Tentative Tract Map No. 15660: To establish a 1-lot subdivision for the development of a 7- unit airspace detached residential condominium complex. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 97-98-17 GRANTED (PC98-72) (5 yes votes, 1 absent, and 1 vacancy). APPROVED waiver of code requirement. 16 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998 CUP NO. 4022 GRANTED (PC98-73). Tentative Tract Map No. 15660 Approv ed. Approved Negative Declaration. Informational item at the meeting of May 19, 1998, Item B12. Review of the Planning Commission’s decision requested by Council Member McCracken and Mayor Daly. Public hearing continued from the meeting of June 23, 1998, Item D3. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - June 11, 1998 Mailing to property owners within 300 feet - June 9, 1998 Posting of property - June 12, 1998 Mayor Daly noted that under both Item D1. and D3. each of the applicants has withdrawn the project(s) from further consideration. City Attorney White. Since the items have been withdrawn, there is no action necessary by the Council. CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 4035, D2. AND NEGATIVE 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 hearing continued from the meeting of July 28, 1998, Item D3. 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 asked for a brief summation of the proposal by staff. Greg Hastings, Zoning Division Manager briefed the staff report to the Planning Commission dated May 11, 1998 and also explained the reasons why the Commission denied the proposal. He further clarified for the Mayor that the staff recommendation is also that the CUP be denied. Mayor Daly opened the Public Hearing and asked to hear from the applicant or applicant’s agent. Applicant’s Statement: Bob Mickelson, P. O. Box 932, Orange. He is speaking on behalf of the owner and the applicant. The location was an eyesore. The applicant has put in landscaping, safety lighting, cleaned up the property and totally rehabilitated the building. The neighbors “love” him because he has cleaned up the place and made it a nice facility. They submitted a petition to the Planning Commission and inadvertently it was misplaced. The petition was re-signed and contains eight signatures of the owners of the apartments to the south and west and single family homeowner to the north. (Submitted and made a part of the record). They were at the Planning Commission meeting but unable to be present tonight. Since the Planning Commission’s discussion and subsequent discussion with staff, they have learned of the sensitivity of staff toward development on State College. They were not aware of that when they started the application. In response to that, they have submitted an amended Letter of Operation today (see, Letter of Operation for Alex Bahrami - Location of Property: 329-331 N. State 17 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998 College received August 18, 1998 - made a part of the record). He briefed some of the stipulations in the Letter of Operation. The applicant is not looking for a used car lot but a brokerage office. He is permitted wholesale sales and was prepared to go forward with that but is holding off until some decision is made regarding retail. He wants a maximum of six cars -- one inside and five outside against the south wall. They have the support of the businesses in the area. He then read a letter from Bud and Vivian Rogers (property directly behind and south of the I-Deal Motors Property) which was complimentary to the business and the proposal and urging the Council to look favorably on the application. He then introduced Greg Ross who has been an associate of Mr. Bahrami and who will be the Manager of the auto brokerage to briefly describe the operation. Greg Ross. He became acquainted with the situation as an expansion of what he is doing currently in San Juan Capistrano. He has a retail operation of more of a business aspect or a broker type arrangement in San Juan with a retail license in a small business park. He has been there for three years and it has worked well. He submitted photographs to the Council. It is a different way of doing business. There have been no complaints at this location. The owner has written a letter of recommendation and referral. He was given three display spots at that location. There are no displays in the window or any banners. He is not planning to move but this is an expansion. The cars he deals with are almost by appointment. He is somewhat of a “matchmaker” . The cars he finds for people are usually on a referral basis. He is heavily involved with the Chamber of Commerce (in San Juan Capistrano) and is Travel Editor for Southcoast Magazine. This is a hobby of his. All he is looking for is moving to Anaheim. He submitted another photograph that shows by putting just five cars on the lot, there is no clutter and it is good for businesses in the surrounding area. There is no repair facility or car washing at all. It is strictly front line ready appointment. He feels it is the trend. Council Member Tait asked for clarification if he was saying that they do not solicit customers driving by off the street but it is by appointment; Greg Ross. Using his website and the Internet pays off in part but it never hurts to be seen by people going by. He is going for very low profile. Bob Mickelson. He addressed Condition No. 3. If the permit is approved, it will be for one year at which time it will be readvertised to see if it will be continued. That is acceptable. With that in mind, however, they do not feel it is cost effective to replace the sign with a new monument sign. If it does get extended, consideration will be given to a new monument sign. That is the only change, otherwise the conditions are all acceptable. Mayor Daly closed the Public Hearing. Mayor Daly. He believes the Planning staff has pointed out some legitimate concerns about allowing used auto sales along this location on State College. While there is some support from some of the nearby businesses, he feels they need to be concerned with the impact on the overall sound planning along this area. MOTION. Mayor Daly move to deny the environmental finding. Council Member McCracken seconded the motion. Council Members Tait and Zemel voted No. MOTION CARRIED. Mayor Daly offered a resolution to deny the CUP. Before any further action was taken, Council Member Tait stated in his mind, they would be hard pressed to identify this as a car lot. There is a condition that will allow only five cars, none of them marked. It seems that the operation is by appointment only and the one-year limitation gives them an out. He would like to err on the side of giving them an opportunity. Council Member Zemel. He seconds those thoughts. It appears to be a car broker and not a car lot. He would have a concern about having a lot. There will be no “ugly” cars, no flags, numbers, prices, etc. He also heard there will be no attraction to the potential customer driving by and in no way will they be attracting people off the street. He is more apt to give it a year as well. He does not see how they could go wrong and would be willing to give it a “shot”. 18 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998 Council Member McCracken. She has seen the two locations -- South County location says, leasing office, and the Anaheim location says I-Deal Motors. South County has only three parking spaces; Anaheim has a pole sign. To her it is not quite the same comparison. The business is supposed to be inconspicuous by appointment. It does not look like it is leading to appointment but advertising to bring people off the street. It looks more like a car lot than a leasing office from the pictures. Council Member Zemel noted that one of the requests of the applicant if the CUP is limited to a year that they be able to forego the condition for the monument sign. He wonders if the applicant would agree to change that if they thoughT they could get more support. Council Member Tait. He would not vote for it under those circumstances. His vote in support would be conditioned upon a monument sign. Bob Mickelson. Answering Council Member Zemel relative to his question, he would suggest the following: that the existing freestanding pole sign be removed and if replaced, it will be replaced by a monument sign; Council Member Zemel stated that would be even better since it takes away the whole issue that they might be attracting street traffic. Mayor Daly asked Mr. Mickelson if he is agreeing to a one-year permit and the pole sign will be removed; Mr. Mickelson answered, that is correct. Mayor Daly. His concern is the monitoring of the five cars. They do not want it in any way to be a used car lot. The City was told it was not but yet has had to expend taxpayer’s money in the last few months to monitor this property because there were used cars displayed with sales prices in the window -- 11 on one day and 13 another. The applicant is now committing to a maximum of five cars with no sales prices in the windows. Council Member McCracken. Relative to conditions, she believes there are none since the Planning Commission denied the CUP and staff recommended denial;Joel Fick, Planning Director. Staff traditionally presents possible conditions to the Planning Commission in case the Commission does wish to approve a project. Those have been carried forward in the staff report submitted and there has been discussion about modifying those interdepartmental conditions. City Attorney White. There are 18 proposed interdepartmental conditions on pgs. 4 - 6 of the June 21, 1998 staff report to the Planning Commission. Joel Fick. As an example, Condition No. 10 recommends that there be no outdoor display except with a special events permit. The Council heard tonight there would be no advertising. Council Member Lopez. The City has spent a lot of money and energy to beautify State College as a gateway to the Stadium. Some time ago, they approved a repair shop in the vicinity and it had all kinds of cars parked on the lot. They need to continue to improve State College. He cannot imagine anyone would want to display five vehicles and not put up any signing at all. He is going to vote against the project, his main reason, they need to continue to beautify that whole area. Mayor Daly. If this were approved for one year and the pole sign has to be removed which is important to him, he asked staff if they were comfortable with all the conditions they put forth; Joel Fick. They are comfortable with the conditions as suggested if the project is approved. In the event that the project is approved, they believe the conditions are complete with the modification of the removal of the sign and all conditions being modified so that there is no advertising and there are several conditions that need to be adjusted in that regard. Mayor Daly. The track record of the business is that they have not been following the rules. Unless there is a provision that the business fund any Code Enforcement monitoring, if there is a violation, the 19 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998 City has to send out a Code Enforcement Officer. He asked staff if they could suggest something in that regard. Joel Fick. He would suggest that the applicant reimburse Code Enforcement for some type of periodic inspection for whatever the time period the Council would wish. This is something that has been done in the past with other businesses. Council Member Zemel. Periodic inspections could be once a month without letting the business know what day. He asked an approximate cost. Joel Fick. In this case, he believes it is just a matter of sending someone out in a vehicle to take a look. It would be dependent upon the hourly rate. Bob Mickelson. They will stipulate they will pay for that inspection. City Attorney White clarified at the end of 12 months, they would be back and there would be another decision for the Council to make. It will be a denovo hearing to see whether the business would get more time or not. Mayor Daly. He asked to hear from the Planning Director relative to the wall sign which was broached by him (Fick); Joel Fick. If the sign on the side says I-Deal Motors, it is an attractor from the street. Fundamentally, the land use is of concern allowing a used auto facility. It will be difficult for them if another entity in another location wants the same. Mayor Daly asked if he had a suggestion or comment on the wall sign; Bob Mickelson. He believes that if they state they are strictly a wholesale business and it is I-Deal Motors it would be a legal sign. He respectfully disagrees with staff and explained why. Mr. Fick emphasized that the site is zoned commercially and a wholesale auto dealership would not be a permitted land use in that location. Additional Council discussion and questioning of staff followed at the the conclusion of which, Mr. Fick stated, relative to future sign issues, if the sign “goes away” and there is no plan to alter the existing wall sign, if acceptable to the Council and no other signage is permitted on site, effectively there is no sign program because that is the only sign that would be permitted. There is no longer any need for that condition (see interdepartmental condition No. 14). The wall sign does fit in with an acceptable size of lettering. Mayor Daly. The Planning Director has made a good point. There is no need for any more sign submittals or approvals beyond this evening assuming that is the agreement. City Attorney White. One of the persons who voted no on the environmental finding and in favor of the denial should move to reconsider the finding if that is what the Council wishes. MOTION. Mayor Daly moved that the Council reconsider the previous motion on the denial of the environmental finding. Council Member Zemel seconded the motion. MOTION CARRIED. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Zemel , seconded by Council Member Tait , the City Council approved the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Council Member Zemel offered Resolution No. 98R-172 for adoption approving a 12-month use subject to the interdepartmental conditions recommended by staff (Pgs. 4,5 and 6 of the Staff Report to the 20 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998 Planning Commission dated June 21, 1998), that the pole sign is to be removed immediately, Code Enforcement to make a monthly inspection at the applicant’s cost, as well as modifications to conditions as articulated and stipulated to by the applicant which includes no advertising on the cars. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 4035. Roll Call Vote on Resolution No. 98R- 172 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- 172 duly passed and adopted. PUBLIC HEARING - WAIVER OF CODE REQUIREMENT D3. CONDITIONAL USE PERMIT NO. 4036 AND MITIGATED NEGATIVE DECLARATION: OWNER: California Drive-In Theaters, 120 North Robertson Blvd., Los Angeles, CA 90048- 3102 AGENT: Rick Manners, 680 South Lemon Avenue, Walnut, CA 91789 LOCATION: 2150-2170 South State College Boulevard. Property is 6.0 acres located on the east side of State College Boulevard, 570 feet south of the centerline of Orangewood Avenue. To permit an automotive sales lot (CarMax) with accessory service/repair facilities and two, 10- foot high, 150 square foot monument signs with waiver of (A) required parking lot landscaping - ) APPROVED IN PART, (B) permitted location of freestanding signs - ) APPROVED IN PART, (C) maximum sign width - DENIED, and (D) minimum sight distance requirements - DENIED. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4036 GRANTED, IN PART (PC98-100) (7 yes votes). Waiver of code requirement APPROVED, IN PART, waiver (A) APPROVED IN PART, waiving only the location of the required landscaping, but not the square footage required or the number of trees, APPROVED waiver B, IN PART, waiving the setback requirement only to the extent necessary to allow a sign on the east side of the driveway; and DENIED waivers C and D. Approved Mitigated Negative Declaration. Informational item at the meeting of July 14, 1998, Item B4. Review of the Planning Commission’s decision requested by Mayor Daly and Council Member Lopez. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - August 6, 1998 Mailing to property owners within 300 feet - July 29, 1998 Posting of property - July 31, 1998 Mayor Daly noted that under both Item D1. and D3. each of the applicants has withdrawn the project(s) from further consideration. City Attorney White. Since the items have been withdrawn, there is no action necessary by the Council. DISSCUSSION - PARKS AND RECREATION FACILITIES MASTER PLAN: C1 150: Mayor Daly. He requested in the interest of time that this item be continued to the next Council Meeting (September 1, 1998). REPORT ON CLOSED SESSION ACTIONS: C2. City Attorney Jack White stated that there are no actions to report. COUNCIL COMMENTS: C3. 114: 21 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, AUGUST 18, 1998 Council Member McCracken. On July 28, 1998, the Council approved a resolution requesting the League of Cities to sponsor legislation which limits local government liability from mud slides and hillsides damage. It was brought to the Orange County Division Resolutions Committee on August 13, 1998. The Resolutions Committee approved the resolution and it was brought to the Orange County Division League of Cities at their August 13, 1998 meeting and they also approved it. It will go on to the California League of Cities to hopefully be presented at the Annual Meeting in October. ADJOURNMENT: By general Council consent, the Council meeting of August 18, 1998 was adjourned (7:55 P.M.). No Council Meeting is scheduled for August 25, 1998. The next scheduled Council meeting is September 1, 1998. LEONORA N. SOHL CITY CLERK 22