Loading...
2011/12/06ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF DECEMBER 6, 2011 The December 6, 2011 regular meeting of the Anaheim City Council was called to order at 3:00 P.M. and adjourned to 4:30 P.M. for lack of a quorum. Mayor Tait called to order the regular adjourned meeting of December 6, 2011 at 4:36 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard. PRESENT: Mayor Tom Tait, Council Members Eastman, Galloway, Murray and Sidhu. STAFF PRESENT: Acting City Manager Bob Wingenroth, City Attorney Cristina Talley, and Assistant City Clerk Theresa Bass ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None Council recessed to closed session to consider the following items: CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant Subdivision (c) of Government Code Section 54956.9 Hotel Audit Red Lion Hotel Audit No. 2011122 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant Subdivision (c) of Government Code Section 54956.9 Hotel Audit Peacock Suites Resort Hotel (Timeshare) Audit No. 2011112 - Revised At 5:10 P.M., Council session was reconvened. INVOCATION: Pastor Stephen Chong, Sa -Rang Community Church FLAG SALUTE: Council Member Lord Galloway PRESENTATIONS: Recognizing the 2011 Anaheim Neighborhood Academy graduates Community Services Superintendent Anaheim Sporn explained the Anaheim Neighborhood Academy program was established in 1998 as a way to empower neighborhood leaders to improve the livability of neighborhoods in Anaheim. She then recognized the 2011 graduates of this five week training program. ADDITIONS /DELETIONS TO THE AGENDA: None Council Meeting Minutes of December 6, 2011 Page 2 of 14 PUBLIC COMMENTS (all agenda items): Marcus Gonzales, Orange County Human Relations Agency, presented his agency's annual report to Council. With the mission to foster mutual understanding and eliminate prejudice, intolerance and discrimination, he offered specifics on how his Agency handled a variety of situations in the County with some details specific to Anaheim. He then recognized Anaheim's partnership in this work with a Certificate of Recognition to the City. William Fitzgerald, Anaheim Home, voiced his opinion on several Council and City issues. Karen Stroyanoff, Poverty Task Force member, urged action be taken to curb homelessness in Anaheim and the surrounding communities. Robb Tarr, Poverty Task Force member, reported a candlelight vigil had been held this evening to bring attention to the plight of the homeless in Orange County. While the faith -based community offered help to the homeless, better practices, more partnerships and more resources were needed to make a difference and he urged the City to take stronger action. Samuel Gitulli, Poverty Task Force member, asked that the City give hope to those in need by taking action now. Linda Ross, Poverty Task Force, remarked in the past three years members of the task force had met with City staff and council members, visited the Path Mall in Los Angeles as a successful model about what works in addressing homeless and had been encouraged by the Council's openness towards the task force's Five Year Plan. She added it was now time to do more to move forward and focus on what people need regardless of distractions and urged the City's participation in this movement. Michael Baker, Boys and Girls Club of Anaheim, announced their annual gift wrap event scheduled for December 22 " inviting volunteers to help with unwrapped gifts or to donate a gift to be wrapped. He also thanked Mayor Tait and Council Member Murray for being honorary co- chairs of the annual gala fundraiser on March 24 to benefit the motel outreach program. Allison Kempton, resident, thanked council members for their service and sacrifice for the City. An individual requested Council's help on an issue important to her. It was her understanding that the North Orange County College District was furloughing all instructors for the senior exercise class for December and January and that in July, those classes sponsored by the College District would end. She spoke of the importance of exercise classes to the health of seniors and again asked for the City's help. Eric Martinez, resident, spoke against marijuana dispensaries, reporting these facilities were not servicing medical problems, but were giving drugs to Anaheim's youth. Todd Ament, Chamber of Commerce, thanked Council for their efforts at regulatory relief and supported Council's adoption of the Task Force recommendations emphasizing if Council Meeting Minutes of December 6, 2011 Page 3 of 14 these recommendations were put in place, existing businesses would be retained and new businesses would be attracted to Anaheim. Council Member Galloway thanked the faith community for their work on the poverty task force and for looking to the City to help in the solution. She recognized the Poverty Task Force had suggested creating a commission to work on this effort and asked her colleagues to consider the request. CONSENT CALENDAR: Mayor Pro Tern Sidhu removed Item No. 2 for further discussion. Mayor Tait declared a conflict of interest on Item 10 as his firm had worked with Southern California Edison (SCE) in the past year and also had a partnership contract with SCE. Mayor Pro Tern Sidhu then moved to waive reading in full of all ordinances and resolutions and to adopt the balance of the consent calendar in accordance with the reports, certifications and recommendations furnished each council member and as listed on the consent calendar, seconded by Council Member Galloway. Roll Call Vote: Ayes — 5 (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried. 1. Receive and file minutes of the Budget, Investment and Technology Commission B105 meeting of June 6, 2011; Cultural and Heritage Commission meetings of July 21, 2011, August 18, 2011, and September 15, 2011; Community Services Board meetings of August 11, 2011, September 22, 2011, and September 29, 2011; Library Board meeting of October 10, 2011; and Public Utilities Board meeting of October 26, 2011. D117 3. Approve the 2012 Investment Policy. B105 4. Appoint a primary board member (City Manager) and alternate member (Fire Chief) to the Metro Cities Fire Authority Joint Powers Authority. 5. Waive Council Policy 4.1 and approve the Professional Services Agreement with HeliStream, Inc., in an amount not to exceed $50,000, for specialized pilot AGR- 4953.A training, for a one year period, with up to three one -year optional renewals and authorize the Chief of Police to exercise the renewal options. 6. Approve an Agreement with SpeakWrite, LLC, in an amount not to exceed $50,000, for voice to electronic document dictation and transcription services, for AGR -7069 a one year period, with up to three one -year optional renewals and authorize the Chief of Police to exercise the renewal options. 7. Award the contract to the lowest responsible bidder, Silvia Construction, Inc., in AGR -7070 the amount of $469,448.82, for the South Street Improvement project from State College Boulevard to Rio Vista Street and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 8. Approve a Purchase and Sale Agreement and Grant Deed with Larry Benvin and Mary Benvin, in the amount of $10,000, for the sale of property located at 9600 Random Drive, authorize First American Escrow to cause the Grant Deed and AGR -6842 the Covenant and Agreement to Hold Properties as Single Parcel to be recorded AGR- 6842.0.1 in the Office of the County Recorder and authorize the City Manager, or his designee, to take the necessary actions to implement and administer the agreement. Council Meeting Minutes of December 6, 2011 Page 4 of 14 9. Approve the Agreement for Acquisition of Real Property and Escrow Instructions with WYK Estate, Inc., in the acquisition payment amount of $126,745, for AGR -7071 property located at 1070 -1076 North Tustin Avenue for the Tustin Avenue and La Palma Avenue improvement project (R/WACQ2010- 00387). 10. Approve a License Agreement with Southern California Edison Company (SCE) for the construction, use and maintenance of a City bike path and pedestrian trail AGR -7072 facility located in SCE right -of -way from Broadway to Lola Avenue and between Dale Street and Magnolia Avenue. Mayor Tait recorded an abstention on this item as his firm had done business with SCE and had a partnership contract with the firm. Roll Call Vote: Ayes — 4; Noes — 0; Abstention — 1:(Mayor Tait). Motion to approve carried. 11. Approve the First Amendment to Agreement with AWS Consultants, Inc., increasing the maximum not to exceed compensation for AWS from $75,000 to AGR- 2993.A $150,000 and extending the term length from December 31, 2011 to December 31, 2013, to evaluate the existing roof conditions of the Anaheim Convention Center and provide professional expertise for roofing and sealing projects. 12. Certify that amendments to Rule No. 26 contained in the Electric Rates, Rules and Regulations are statutorily exempt under CEQA, Public Resources Code, D182 Section 21080(b)(8), in accordance with Title 14 of the California Administrative Code, Section 15273(a). RESOLUTION NO. 2011 -164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM modifying Rule No. 26 of the Electric Rates, Rules and Regulations for the sale and distribution of electricity as adopted by Resolution No. 71 R -478 and most recently amended by Resolution No. 2010- 196. 13. RESOLUTION NO. 2011 -165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM requesting temporary closures to Caltrans 1 -5 R100 offramps for Tinkerbell Half Marathon (January 29, 2012; southbound 1 -5 at Harbor Blvd., northbound 1 -5 at Harbor Blvd., southbound 1 -5 at Disney Way). 14. RESOLUTION NO. 2011 -166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the Measure M2 Expenditure Report and authorizing the City of Anaheim Finance Director to sign and submit the D175 Expenditure Report to the Orange County Transportation Authority on behalf of the City of Anaheim. 15. RESOLUTION NO. 2011 -167 A RESOLUTION OF THE CITY COUNCIL P124 OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 11454 and 11455). 16. RESOLUTION NO. 2011 -168 A RESOLUTION OF THE CITY COUNCIL P124 OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real property interests therein (City Deed Nos. 11456, 11457, 11458, 11459, 11460, 11461 and 11462). Council Meeting Minutes of December 6, 2011 Page 5 of 14 17. RESOLUTION NO. 2011 -169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting an amended Renewable Portfolio D182 Standard and rescinding the prior Renewable Portfolio Standard set forth in Resolution 2006 -187. Adopt an amended Renewable Portfolio Standard (RPS) Policy for the City which includes the renewal portfolio Procurement Plan and associated Enforcement Program and authorize and direct the Public Utilities General Manager or designee to prepare, execute, and submit any and all related documents as necessary or advisable to implement the RPS Policy and to procure and administer the Renewable Energy Credit agreements consistent with the mandates of state law. 18. Approve minutes of Council meetings of November 8, 2011 and November 15, 2011. END OF CONSENT CALENDAR: 2. Adopt the recommendations of the Mayor's Regulatory Relief Task Force for D116 creating a freedom - friendly business environment and authorize the City Manager to implement the recommendations accordingly. Acting City Manager Bob Wingenroth remarked that in January, Council had created a 14- member task force with the objective of reviewing the red tape and bureaucracy related to existing and prospective businesses in the City and to recommend solutions to decrease the red tape and increase economic opportunities in Anaheim. Chaired by Dr. Thomas Turk of Chapman University, the 14 members consisting of business leaders and staff offered bold recommendations that protected the City while creating freedom for individuals to achieve their dreams and for businesses to have greater opportunities to develop. Mayor Pro Tern Sidhu remarked it was an unusual step for government to reduce regulations which was good news for all those who want to do business in Anaheim. Council Member Murray congratulated the Task Force who spent the year researching and developing these recommendations. She suggested a future phase could look at applying these same principles to residents where appropriate. Mayor Tait added this was a great first step and he thanked Planning Director Sherri Vander Dussen for the many hours she and her staff devoted to this effort and he looked forward to the passage of these recommendations. Council Member Galloway remarked this was government at its best and it was being done at the local level. Mayor Pro Tern Sidhu moved to approve the Regulatory Relief Task Force recommendations for creating a freedom - friendly businesses environment and to authorize the City Manager to implement the recommendations, seconded by Council Member Murray. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried. Council Meeting Minutes of December 6, 2011 Page 6of14 19. Consider (re)appointing two City Council Members to the Audit Committee. B105 APPOINTMENT: Mayor Pro Tem Harry Sidhu (currently held by Council Member Sidhu) APPOINTMENT: Mayor Tait (Vacant) Mayor Tait nominated Mayor Pro Tern Sidhu and himself to the Audit Committee. With no objections from Council, the appointments were unanimously approved. 20. Consider appointments to fill the unscheduled vacancies on the Sister City Commission, terms ending June 30, 2012 and June 30, 2013 (continued from the 8105 meeting of November 8, 2011, Item No. 11). APPOINTMENT: Jennifer A. Vaughn (June 30, 2012) (unscheduled vacancy of Elaine Cali) APPOINTMENT: _ Ann Gallaugher (June 30, 2013) (unscheduled vacancy of Sandy Day) Council Member Murray nominated Jennifer A. Vaughn and Ann Gallaugher to the Sister City Commission and with no objections raised, Ms. Vaughn and Ms. Gallaugher were unanimously appointed to the Sister City Commission. 21. Consider (re)appointing representatives to regional boards. Mayor Tait remarked it was Council's practice to review regional appointments at the B105 end of each calendar and a recently released advice letter from the FPPC recommended certain actions for regional board members receiving compensation. The following four regional boards received no compensation for attending meetings. Fire Training, Joint Powers Authority: (RE)APPOINTMENT: Council Member Galloway (Council Member Galloway) Mayor Tait reappointed Council Member Galloway to the JPA. With no objections raised, Council Member Galloway was unanimously reappointed to the Fire Training JPA. Four Corners Transportation Coalition (RE)APPOINTMENT: Council Member Eastman (Council Member Eastman) Mayor Tait reappointed Council Member Eastman to the Transportation Coalition. With no objections raised, Council Member Eastman was unanimously reappointed to the Four Corners Transportation Coalition. Council Meeting Minutes of December 6, 2011 Page 7 of 14 Hazardous Materials Emergency Response Authority: (RE)APPOINTMENT: Council Member Galloway (Council Member Galloway) Mayor Tait reappointed Council Member Galloway to the Hazardous Materials Emergency Response Authority. With no objections raised, Council Member Galloway was unanimously reappointed. Santa Ana River Flood Protection Agency (RE)APPOINTMENT: Council Member Eastman (Council Member Eastman) ALTERNATE: Mark Vukoievic (Mark Vukojevic, staff) Mayor Tait reappointed Council Member Eastman to the Santa Ana River Flood Protection Agency and Mark Vukojevic as alternate member. With no objections raised, the incumbents were unanimously reappointed. REGIONAL BOARDS RECEIVING COMPENSATION Metropolitan Water District (MWD) (RE)APPOINTMENT: Council Member Murray (Council Member Murray) Mayor Tait moved to reappoint Council Member Murray to the MWD board; seconded by Council Member Galloway. Roll Call Vote: Ayes — 4: (Mayor Tait and Council Members: Eastman, Galloway, and Sidhu. Noes — 0. Abstention — 1: Council Member Murray). Council Member Murray was reappointed to the MWD board. Orange County Sanitation District (OCSD) (RE)APPOINTMENT: Council Member Eastman (Mayor Pro Tern Sidhu) Mayor Tait moved to appoint Council Member Eastman to OCSD board. With no other nominations offered, the vote was taken. Roll Call Vote: Ayes — 4: Mayor Tait and Council Members: Galloway, Murray and Sidhu. Noes — 0. Abstention — 1: Council Member Eastman was appointed to OCSD. ALTERNATE Mayor Pro Tern Sidhu (Council Member Eastman) Mayor Tait nominated Mayor Pro Tern Sidhu as alternate to OCSD and with no other nominations offered a roll call vote was taken. Roll Call Vote: Ayes — 4: Mayor Tait and Council Members: Eastman, Galloway, and Murray. Noes — 0. Abstention — 1: Mayor Pro Tern Sidhu. Mayor Pro Tern Sidhu was appointed as alternate to OCSD. Council Meeting Minutes of December 6, 2011 Page 8 of 14 Orange County Water District (OCWD) APPOINTMENT Mayor Pro Tem Sidhu (01/18/2012 — 12/2016) (new appointment required; vacancy of Director Iry Pickler) Mayor Tait appointed Mayor Pro Tern Sidhu to the OCWD board with an effective date of February 1, 2012. With no other nominations offered, a roll call vote was taken. Roll Call Vote: Ayes — 3: Mayor Tait and Council Members: Eastman and Murray. Noes — 0. Abstentions — 2: Mayor Pro Tern Sidhu and Council Member Galloway. Mayor Pro Tern Sidhu was appointed to OCWD. Southern California Association of Governments (SCAG; also OCCOG) (RE)APPOINTMENT: Council Member Murray (Council Member Murray) Mayor Tait moved to reappoint Council Member Murray to the SCAG /OCCOG board. With no other nominations offered, a roll call was taken. Ayes — 4:(Mayor Tait and Council Members Eastman, Galloway and Sidhu.) Noes — 0. Abstention — 1: Council Member Murray. Council Member Murray was reappointed to the SCAG /OCCOG board. ALTERNATE Council Member Eastman (Council Member Eastman) Mayor Tait moved to reappoint Council Member Eastman as the alternate member to the SCAG /OCCOG board. With no other nominations offered, a roll call was taken. Ayes — 4: (Mayor Tait and Council Members Galloway, Murray and Sidhu.) Noes — 0. Abstention — 1: Council Member Eastman. Council Member Eastman was reappointed as the alternate to the SCAG /OCCOG board. Transportation Corridor Agency, Foothill Eastern Area (TCA) (RE)APPOINTMENT: Council Member Murray (Council Member Murray) Mayor Tait moved to reappoint Council Member Murray to the TCA board. With no other nominations offered, a roll call was taken. Ayes — 4:(Mayor Tait and Council Members Eastman, Galloway and Sidhu.) Noes — 0. Abstention — 1: Council Member Murray. Council Member Murray was reappointed to the TCA board. ALTERNATE Council Member Eastman (Council Member Eastman) Mayor Tait moved to reappoint Council Member Eastman as alternate to the TCA board. With no other nominations offered, a roll call was taken. Ayes — 4:(Mayor Tait and Council Members Galloway, Murray and Sidhu.) Noes — 0. Abstention — 1: Council Member Eastman. Council Member Eastman was reappointed as the alternate to the TCA board. Council Meeting Minutes of December 6, 2011 Page 9 of 14 Vector Control (RE)APPOINTMENT: Lucile Kring (term ending 12/2013) (currently held by Lucille Kring) Mayor Tait moved to reappoint Lucille Kring to the Vector Control Board. With no other nominations offered, Ms. Kring was unanimously reappointed. PUBLIC HEARINGS: 22. This is a public hearing to consider a resolution approving the issuance of bonds by the Anaheim Housing Authority for the Miracle Terrace affordable housing project. D155 RESOLUTION NO. 2011 -170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM pursuant to Section 147(f) of the Internal Revenue Code of 1986 approving the issuance of bonds by the Anaheim Housing Authority for the Miracle Terrace apartments. John Woodhead, Community Development Director, reported that on November 15, 2011, the Housing Authority adopted a resolution declaring its intention to issue bonds regarding an affordable housing project at 225 South Western Avenue, known as Miracle Terrace. The IRS code required as part of the issuance of bonds, that Council hold this hearing. The bond financing, he explained, was a conduit financing, and the full faith and credit of neither the Housing Authority nor the City were at stake and the bonds were secured by the project and revenues derived from that project. He added this hearing was an opportunity for the public to address the Council and for Council to determine whether or not it was appropriate that the Housing Authority issue these bonds. Mayor Tait opened the public hearing for comments. William Fitzgerald, Anaheim Home, stated his organization opposed the issuance of bonds citing potential spillover parking problems. With no other comments offered, Mayor Tait closed the public hearing. Mayor Pro Tern Sidhu moved to approve RESOLUTION NO. 2011 -170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM pursuant to Section 147(f) of the Internal Revenue Code of 1986 approving the issuance of bonds by the Anaheim Housing Authority for the Miracle Terrace apartments; seconded by Council Member Galloway. Roll Call Vote: Ayes — 5 (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu). Noes — 0. Motion Carried. Council Meeting Minutes of December 6, 2011 Page 10 of 14 23. This is a public hearing to consider a resolution approving the issuance of bonds by the Anaheim Housing Authority for The Crossings at Cherry Orchard affordable housing project. RESOLUTION NO. 2011 -171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM pursuant to Section 147(f) of the Internal Revenue Code of 1986 approving the issuance of bonds by the Anaheim Housing Authority for The Crossings at Cherry Orchard apartments. John Woodhead, Community Services Director, reported this item was also a conduit financing for The Crossings at Cherry Orchard, a 45 unit multi- family housing project on Lincoln Boulevard. On November 15, 2011, the Housing Authority had also declared its intention to issue bonds for this project and under the IRS code, this public hearing was required for Council to consider whether the Housing Authority should issue the bonds. He reiterated this was a conduit financing process and the full faith and credit of neither the Housing Authority nor the City were at stake and the bonds were secured by the project and revenues derived from that project. Mayor Tait opened the public hearing for comment. William Fitzgerald, Anaheim Home, objected to the issuance of bonds for The Crossings. He cited various reasons for his opposition including cost, density, and parking, With no other comments offered, Mayor Tait closed the public hearing. Council Member Galloway moved to approve RESOLUTION NO. 2011 -171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM pursuant to Section 147(f) of the Internal Revenue Code of 1986 approving the issuance of bonds by the Anaheim Housing Authority for The Crossings at Cherry Orchard apartments, seconded by Mayor Pro Tem Sidhu. Roll Call Vote: Ayes — 5 (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu. Noes — 0. Motion Carried. 24. Continued Public Hearing: CONDITIONAL USE PERMIT NO. 2001- 04435A VARIANCE NO. 2011 -04864 (DEV2011- 00015) OWNER: Amir Lanky, 3001 Los Feliz Blvd., Los Angeles, CA 90039 AGENT: David Lopez, Lopez Architects, 1173 N. Kraemer Place, Anaheim, CA 92806 C220 LOCATION: 900 West Lincoln Avenue The applicant proposes to permit automobile sales in conjunction with an existing car wash facility and to construct a fast food restaurant and with fewer parking spaces and a building setback on Lincoln Avenue less than required by Code. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures). ACTION TAKEN BY THE PLANNING COMMISSION: Vote 4 -0 (Commissioners Faessel, Lieberman, Persaud and Seymour voted yes. Chairman Agarwai and Commissioners Ament and Ramirez were absent) Approved Conditional Use Permit No. 2001- 04435A (Resolution No. 2011 -066) Council Meeting Minutes of December 6, 2011 Page 11 of 14 and Variance No. 2011 -04864 (DEV2011- 00015), Condition No. 11 modified pertaining to the refurbishment of the existing freestanding sign. (Planning Commission meeting of September 12, 2011; appealed by Michael K. Daskalakis, M.D.) (Continued from November 8, 2011, Item No. 12) MOTION: G/E Find and determine that a Class 3 Categorical Exemption is the appropriate environmental determination for this request. RESOLUTION NO. 2011 -172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving an amendment to Conditional Use Permit No. 2001 -04435 and approving Variance No. 2011 -04864 (DEV2011- 00015). C. J. Amstrup, Planning Services Manager, reported this item was a request to allow construction of a small take -out restaurant and to permit auto sales in combination with an existing car wash. A variance was also requested which, if approved, would allow required on -site parking to be reduced by two parking spaces. He added, this item was considered by the Planning Commission on September 12 and was unanimously approved. Although no one spoke in opposition to this project during the Commission hearing, the Planning Commission's decision was appealed by the owner of the shopping center east of the site across Ohio Street, stating concerns with granting the parking variance as his commercial tenants complained there was very little parking available for their customers and nearby residents were also parking on his property. In addition to these parking concerns, the appellant felt there were too many fast food restaurants in this area. Mr. Amstrup explained the project included construction of a 500 square foot free- standing take -out restaurant on the northeast corner of the property near the intersection of Lincoln and Ohio Street. The restaurant would have a small dining area of four seats and a food pick -up counter. He added the applicant was also proposing to use an existing office within the car wash building for auto sales and while the code permitted vehicle sales in commercial zones as a matter of right, only one display space could be provided per the Department of Motor Vehicles. As a result, he noted, the site would only have one on -site vehicle offered for sale at any time. Although both the restaurant and auto sales office would typically be allowed as a matter of right within this commercial zone, their integration with the car wash required an amendment to the conditional use permit under which the car wash was operated. He stated the proposed project complied with all city's development requirements except the applicant was offering 16 parking spaces instead of the required 18 stating the majority of car wash employees used public transportation or lived in the area and walked or biked to work. The applicant also stated the proposed take -out restaurant business would be derived from car wash customers or from the local high school students across the street. Mr. Amstrup added that staff visited the site several times to confirm the applicant's claims and consistently observed low parking usage on the site and subsequently determined the 16 parking spaces were adequate. Addressing the appellant's concern with nearby residents parking on his property, staff believed that issue could be addressed and contacted the appellant and offered their assistance in resolving the issue. Mr. Amstrup pointed out the area between the new restaurant and the sidewalks adjacent to Lincoln Avenue and Ohio Street would be landscaped and would improve the appearance of this property as no landscaping currently existed on Council Meeting Minutes of December 6, 2011 Page 12 of 14 this portion of the site. The exterior of the existing car wash building would also be refinished with materials similar to those proposed for the restaurant and the applicant also agreed to refurbish the free - standing sign on the property to match the proposed changes to the car wash building. Addressing the appellant's claim that there were too many fast food restaurants in this area, staff believed the number of restaurants were a reflection of market demand and were not out of the ordinary for a busy commercial corridor such as Lincoln Avenue. Mr. Amstrup ended his report stating staff recommended Council deny the appeal and uphold the Commission's approval as the majority of the car wash employees did not drive a vehicle to work and restaurant customers were expected to be local high school students or car wash patrons and the project was not expected to result in parking impacts to neighboring businesses. He added the upgrades proposed for the project would improve the overall appearance of the site. Mayor Tait invited the appellant to speak. With the appellant not present, Mayor Tait then invited the applicant to comment. David Lopez, Lopez Architects and the applicant's representative, remarked this project would benefit the nearby community. The restaurant would be organic, with fresh foods from the local farmer's markets with a contemporary, wholesome style of food. He emphasized that parking would not be an issue. Regarding the car sales office, he explained, the individual interested in renting the office space had a site on Manchester nearby with no visibility and was interested in using this site to gain street exposure and attract customers. He added all for -sale vehicles would be parked at his off -site lot. Mayor Pro Tern Sidhu briefly questioned the architect on proposed restaurant activities. Mr. Lopez indicated there would be two employees, a storage area for food, and one bathroom per the County Health Department's requirement as well as an employee rest area and locker room. Mayor Tait then opened the public hearing for comments. Megan Shigo spoke in sport of the project indicating that recently community members had been working with the applicant regarding graffiti removal on his building and doors and explaining he was an important part of the community who appreciated his involvement in keeping up his property. She added there had never been a problem with parking or traffic congestion on the property and she felt the rehabilitation of the property would be an example for the neighboring strip mall. William Fitzgerald, Anaheim Home, objected to the conglomeration of businesses on this one site. With no other comments offered, Mayor Tait closed the public hearing Council Member Eastman inquired if staff took into account plans to widen Lincoln in the future. Mark Vukojevic, City Engineer, responded that a master plan for Lincoln Avenue did identify the widening of Lincoln Avenue in that area and the project was reviewed for consistency to make sure the building would not be in the way of any future right of way. Council Member Eastman indicated she would support this project as the kind of updating to commercial sites that should be encouraged. Council Meeting Minutes of December 6, 2011 Page 13 of 14 Mayor Pro Tern Sidhu also supported this project, asking that enough trash receptacle be placed closer to the restaurant, that landscaping should be included on Ohio and Lincoln, that the car wash be operated within Orange County Sanitation District guidelines, that the facades fit in with existing commercial buildings and that the one vehicle to be offered for sale was displayed at ground level only. Mayor Tait concurred in that landscaping and trash receptacles should be adequate for the site, and there should be no elevated car for sale. The color scheme for the building, he felt, should be left up to the property owner. With no other comments offered, he then closed the public hearing. Council Member Galloway moved to find and determine that a Class 3 Categorical Exemption was the appropriate environmental determination and to approve RESOLUTION NO. 2011 -172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving an amendment to Conditional Use Permit No. 2001 -04435 and approving Variance No. 2011 - 04864); seconded by Council Member Eastman. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried. Report on Closed Session Actions: None. Council Communications: Council Member Murray announced the following upcoming events: the Anaheim Beautiful Annual Holiday luncheon scheduled for December 7th, the Annual Holiday Luncheon hosted by the Anaheim Chamber of Commerce on December 9th, the Nutcracker Ballet at the City National Grove on December 10 and 11th; and Northgate Market Toy Drive scheduled for December 13th. Council Member Galloway recognized City employee Christine McDonald, Senior Recreation Leader. She also announced a meeting to be held on December 10 regarding the Anaheim Outdoor Connectivity Plan to improve, parks, bike - paths, riding and hiking trails. She encouraged interested persons to join the Anaheim Community Services Department for a Mobility Workshop to gather input from the community on this project at Anaheim Cove. An open house is scheduled on December 13 from 6:30 to 8:30 p.m. at City Hall. Council Member Galloway reported on the Town Hall meeting held November 28 the second meeting held by East Street Community Renewal Initiative, thanking Mayor Tait and Bob Wingenroth for attending. Mayor Pro Tern Sidhu acknowledged and thanked students attending this meeting from Servite High School. He also spoke of the 70 Anniversary of Pearl Harbor and shared his gratitude to all the men and women serving in the military. He announced two upcoming events at The Muzeo, the December 10 Victorian Holiday Fair and the December 14 "Age of Steam" exhibit. Council Member Eastman reported her attendance at the Paint Your Heart Out celebration luncheon, remarking it was a great volunteer event in which to get involved. She also encouraged residents to join her in wrapping gifts for the Boys and Girls Club on December 22n explaining that parents selected a gift appropriate for their children and the volunteers helped wrap those gifts. Council Member Eastman remarked that Council Meeting Minutes of December 6, 2011 Page 14 of 14 her mother -in -law, Ruth Eastman, had recently passed away and requested this meeting be adjourned in her honor. Adiournment: With no other business to conduct, at 7:39 p.m., Mayor Tait adjourned the council meeting in memory of Ruth Eastman. ully su mitted, eresa Bass, CMC Assistant City Clerk