1994/02/15City Hail, Auaheina, CalSfornia - COUNCIL MINUTES - F~_~_~$_~ARY ~5, 1994 - 5:00 P.M
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT=
PRESENT:
COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
COUNCIL MEMBERS= None
CITY MARAGER= James Ruth
CITY ATTORNEY: Jack White
CITY CLERK= Leonora N. Sohl
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
PLANNING DIRECTOR= Joel Fick
SPECIAL OPERATIONS POLICE DEPARTMENT= Jim Gandy
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 2=20 p.m. on February 11, 1994 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Daly called the meeting to order at 3=00 p.m.
REOUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items=
a. To confer with its Attorney regarding ~ending litigation
pursuant to Government Code Section 54956.9(a) to wit=
Golden West Baseball Co. vs. City of Anaheim, Orange County
Superior Court Case No..40-92-46~ Anaheim Stadium Associates vs.
City of Anaheim, et al., Orange County Superior Court Case No.
44-81-74.
City of Fullerton, et al. vs. City of Anaheim, et al. Orange
County Superior Court Case No. 72-36-50.
Catanzarite & Co. Inc. vs. City of Anaheim, et al, Orange County
Superior Court Case No. 72-35-17.
To meet with the City's Real Property Negotiator concerning the
lease of property known as the Juliette Low Elementary School
site from the Magnolia School District and the sublease of said
site to the Los Angeles Rams Football Company.
To meet with and give directions to its authorized representative
regarding labor relations matters - Government Code Section
54957.6.
d. To consider and take possible action upon personnel matters
pursuant to Government Code Section 54957.
e. To confer with its attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
To consider and take possible action upon such other matters as
are orally announced by the City Attorney, City Manager, or City
Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in closed
session.
By general consent, the Council recessed into Closed Session. (3:00 p.m.)
67
City Hall, Anaheim~ California - COUNCIL MINUTES - FEBRUARY 15, 1994 - 5:00 P.M
AFTER RECESS= The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(5:12 p.m.).
INVOCATION= Pastor Tom Mosley, Sunkist Baptist Church, gave the invocation.
FLAG SALUTE= Council Member Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATIONS= The following proclamations were issued by Mayor Daly
and authorized by the City Council:
Recognizing February 13-19, 1994 as
Vocational Education Week in Anaheim.
Recognizing February, 1994 as
American Heart Month in Anaheim.
Joanne Stanton, President of the Anaheim Union High School District and Mike
Worley, Supervisor of Instructional Services for the North Orange County ROP
accepted the Vocational Educational Week proclamation and Dean Olsen, Vice
President, Orange County Heart Association and Carolyn Griebe, Member of the
Board of Directors accepted the American Heart Month proclamation.
119: THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE
TO BE MAILED OR PRESENTED AT ANOTHER TIME:
Recognizing April 6-9, 1994 as
Phi Theta Kappa Days in Anaheim.
Recognizing May 15-20, 1994 as
Training and Development Week in Anaheim.
A Declaration recognizing Ned Snavely
Cypress College Foundation's Citizen of the Year.
FINANCIAL DE}~NDS AGAINST THy C~T~ in the amount of $4,853,961.57 for the
period ending February 11, 1994, in accordance with the 1993-94 Budget, were
approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5=24 p.m.)
Mayor Daly reconvened the City Council meeting. (5:42 p.m.)
ITEMS OF PUBLIC INTEREST= No items of public interest were addressed.
PUBLIC COMMENTS - AGENDA ITEMS=
City Clerk Leonora Sob1 announced that Colleen Wiley has requested to speak
under Item Al6. Ms. Wiley was at the podium.
Mayor Daly. As he understands, there will be a separate hearing on that item.
He asked if she would be willing to hold her comments until that time although
she is welcome to comment at this time if she wishes.
The following were Ms. Wiley's comments which she gave under Item A16 but
which the City Attorney indicated were to be included under Public Comments on
Agenda Items since Ms. Wiley did not represent the property owner whose
68
City Hall. Anaheim, California - COUNCIL MINUTES - I~UARY 1St 1994 - 5:00 P.M.
property was the subject of the proposed condemnation and thus it is not
appropriate to consider her comments as part of the hearing itself. (See item
Al6.)
Colleen Wiley. She is present on behalf of Campanula Properties, the owner of
the Orange Tree Mobile Home Park directly across from the Douglass Property
and down the road from the Arena. This involves certain Cerritos Avenue
street improvements which are part of a much larger Arena area parking project
which is the subject of litigation between the City and Campanula. The
Council is aware that the lawsuit challenges the City's approval of a
mitigated negative declaration for the project as a whole which she will refer
to as the parking project. It involves three large parcel, the largest of
which is called the Douglass Property located directly across the street from
the mobile home park. In addition, the parcel also encompasses a number of
street improvements. It is Campanula's position that the City did not follow
the requirements of the California Environmental Quality Act (CEQA) in
connection with approval of the negative declaration. It should not have
found that the parking project will have no significant adverse impact.
Specifically, they believe that the City failed to consider the effect of the
overall parking project on the Orange Tree Mobile Home Park and its residents.
This is the only residential site in or near the Arena.
Her client was not given notice or the opportunity to participate in the
environmental review process. The City failed to take into account the
increased vehicular and pedestrian traffic and to adequately address the
problems of access, traffic and circulation patterns in the vicinity of the
mobile home park or the adverse impact of removing agricultural and open space
which acts as a buffer to the mobile home park. The City failed to take into
account the cumulative effects that the parking project will have when
considered together with the already adverse impacts of the Arena events
themselves. The City should have gathered actual hard data regarding traffic
and pedestrian counts, intersection capacity constraints, and should have
prepared a traffic management plan in connection with its environmental
review. The City failed to follow appropriate zoning and land use
requirements which provides that a CUP must be issued for the proposed parking
project on the Douglass Property prior to entering into or considering a lease
or other contract in connection with the parking use.
In spite of the fact that the Planning Conmmission has not yet acted on a CUP,
the City Council has included as an agenda item a consideration of a proposed
long-term lease of the Douglass Property. They failed to take any adequate
measures to determine the existence of hazardous materials at the site. They
also believe the City violated CEQA by limiting its consideration of the
negative impacts in order to achieve short-term as opposed to long-term
environmental goals.
They believe that the street improvements which the Council is considering
tonight only makes sense if the City actually acquires the Douglass Property
and that decision has not yet been made. The City's own attorneys have been
quick to point out that decision has not been made and the City may never
acquire the property. She wonders why it is so urgent to go ahead if that is
the case. The City contemplates that condemnation might be necessary for one
or more of the three parcels but it does not address the question of access.
They believe this agenda item (A16) is going forward in order to provide
access for the Douglas parcel itself which has not been approved. She
questions if the City can find a resolution of necessity to go forward in
light of that fact. The piecemeal approach which the City is taking is
inappropriate to a project the size and scope of the parking project itself.
69
City Rallt Anahe£mr California - COUNCIL MINUTES - FEBRU~ItY 1St 1994 - 5=00 P.M.
She has pointed out only the most obvious deficiencies. In spite of these
deficiencies, her client believes they can be cured. The only reason
litigation has been brought is because the City has to date been unwilling to
sit down with her client to work those out. They ask that the City save
everyone a lot of unnecessary time, expense and effort and work with Campanula
to iron out these deficiencies. Litigation is not the optimum way of
resolving these disputes. (Also, see Item Al6.)
MOTION= Council Member Pickler moved to waive reading in full of all
ordinances and resolutions to be acted upon for the Council meeting of
February 15, 1994. Council Member Daly seconded the motion. MOTION CARRIED.
CITY MANAGER/DEpARTMENTAL CONSENT CALENDAR= On motion by Council Member
Pickler, seconded by Council Member Simpson, the following items were approved
in accordance with the reports, certifications and recommendations furnished
each Council Member and as listed on the Consent Calendar~ Council Member
Pickler offered Resolution Nos. 94R-15 through 94R-18, both inclusive, for
adoption. Refer to Resolution Book.
Al. 105= Receiving and filing minutes of the Community Redevelopment
Commission meetings held December 8, 1993, and January 5, 1994.
A2. 135= Awarding the contract to the lowest responsible bidder, Metro
Builders and Engineers Group Ltd., in the amount of $43,540.86 for Anaheim
Hills Golf Course - Modular Office Relocation~ and in the event said low
bidder fails to comply with the terms of the award, awarding the contract to
the second low bidder, as well as waiving any irregularities in the bids of
both the low and second low bidders.
A3. 160= Accepting the bid of Microage, in the amount of $33,870 for
computers and software, in accordance with Bid $5223.
A4. 160= Accepting the low bid of Pirelli Cable Corporation, in an amount
not-to-exceed $45,381 for 10,000 feet of 15KV cable, in accordance with Bid
$5215.
AS. 184= RESOLUTION NO. 94R-~$= A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DESIGNATING CERTAIN PERSONS TO ACT ON BEHALF OF THE CITY OF
ANAHEIM IN APPLYING FOR AND OBTAINING FEDERAL FINANCIAL ASSISTANCE UNDER P.L.
93-288 AS AMENDED BY THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY
ASSISTANCE ACT OF 1988 AND/OR STATE FINANCIAL ASSISTANCE UNDER THE NATURAL
DISASTER ASSISTANCE ACT.
City Manager Ruth. This is a procedural move on the part of the City. It
identifies who will be eligible to sign documents that would be later
submitted to FEMA should the City choose to make that determination in the
future for reimbursement. It has nothing to do with reimbursement. The City
is not requesting reimbursement but the City needs to identify those people
who would be eligible to file those documents should such an occasion occur
down the road.
Mayor Daly. Before a decision is made to actually seek reimbursement, he
asked if the City Manager would be bringing that back to the Council.
City Manager Ruth. It would be by resolution before the Council and the
Council would have to approve that before they could submit it.
7O
City Hall~ ~naheim~ Cali:~ornia - COUNCIL MIHtlTE~ - FEBRUARY 15~ 1994 - 5~00 P.M.
City Attorney White. It is also during the process as an interim procedure
made to get reports of dollar damages and amounts spent. That is ongoing.
Mayor Daly. He emphasized that the City has not formally applied for a
"nickel" of Federal funding for earthquake damage at this time.
A6. 173= Supporting Assembly Bill 2581 (Pringle) regarding the imposition of
Average Vehicle Ridership (AVR) levels, and authorizing the Mayor to
conununicate support to appropriate State Legislators.
A7. 113~ RESOLUTION NO. 94R-162 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN
TWO YEARS OLD. (Human Resources Department.)
AS. 153~ RESOLUTION NO. 94R-17~ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-18 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL. (To create the
position of Building Projects Inspector, effective 2/25/94.)
A9. 153= RESOLUTION NO. 94R-18= A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM EXTENDING THE PERIOD OF ELIGIBILITY FOR SEVERANCE PAY.
(Employee subject to layoffs.)
AiO. 123~ Approving a First Amendment of Purchase and Sale Agreement and
Escrow Instructions between the City of Anaheim and SGF, a California limited
partnership~ approving an Exclusive Negotiation Agreement between the City of
Anaheim and Mitsubishi Motors of America~ approving an Exclusive Negotiation
Agreement between the City of Anaheim and General Motors Corporation~ and
authorizing the Executive Director of Community Development to execute said
agreements with regard to the Anaheim Auto Center. Continued from the meeting
of February 8, 1994, Item AIO.
All. 123~ To consider approving a Second Lease Extension with the Magnolia
Elementary School District extending the Lease Agreement dated January 1,
1979, relating to the Juliette Low School site to December 31, 2003, with an
additional five year option period.
1232 To consider approving a Second Extension of Sublease with the Los
Angeles Rams Football Company extending the Lease Agreement dated November 21,
1978, relating to the Juliette Low Elementary School site to December 31,
2003, with an additional five year option period. (Continued from the meetings
of January 25, 1994, Item A23, February 1, 1994, Item AS, and February 8,
1994, Item A15.)
City Manager Ruth. Staff is requesting a two-week continuance of this item.
At the conclusion of the Consent Calendar, this item was continued to Tuesday,
March 1, 1994.
A12. 123~ Waiving Council Policy No. 306 and approving an Agreement with
Hellmuth, Obata, & Kassabaum, Inc., Sports Facility Group, in an amount not-
to-exceed $220,000 for architectural and engineering work for rebuilding the
damaged structure and video display unit at Anaheim Stadium.
A13. 1122 Approving the Stipulated Judgment and executing the stipulation
for entry of judgment concerning Case No. 72-36-50, City of Fullerton, a
municipal corporation~ City of Fullerton Redevelopment Agency~ Don Bankhead~
and Robert E. Ward, Petitioners, vs. City of Anaheim~ City Council of the City
71
City Hall, Anaheim, California - COUNCZL MINUTES - FEBRUARY 15, 1994 - 5:00
of Anaheim; City of Anaheim Redevelopment Agency; City of Anaheim
Redevelopment Commission; and does I through XX, inclusive.
A14. 184= Reviewing the need for continuing the Proclamation of the
Existence of a Local Emergency issued by the Director of Emergency Services on
January 18, 1994, concerning damage within the City of Anaheim resulting from
the Northridge Earthquake occurring on January 17, 1994; and taking no action
to terminate the local emergency at this time.
A15. 184= Reviewing the need for continuing the Proclamation of the
Existence of a Local Emergency issued by the Director of Emergency Services on
January 4, 1994, concerning the Santiago Landslide and Pegasus Landslide in
the City of Anaheim; and taking no action to terminate the local emergency at
this time.
Roll Call Vote on Resolution Nos, 94R-15 throuqh 94R-18, both inclusive, for
adont~o~
AYES=
NOES=
ABSENT=
COUNCIL MEMBERS~
COUNCIL MEMBERS=
COUNCIL MEMBERS=
Feldhaus, Simpson, Pickler, Hunter, Daly
None
None
The Mayor declared Resolution Nos. 94R-15 through 94R-18, both inclusive, duly
passed and adopted.
END OF CONSENT C~?.W~DA~. MOTIONB CARRIED.
A16. 121= CONTINUED HEARING - CONDEMNATION OF CERTAIN REAL PROPERTY -
CERRITOS AND SINCLAIR STREETS - DONALD DAY PROP~RT¥~
To consider a resolution finding and determining the public interest and
necessity to condemn certain real property interests located near the
intersection of Ce,rites and Sinclair Streets; and authorizing the filing of a
Notice of Determination with respect to the widening of Ce,rites Avenue
(Donald Day Parcel); and authorizing the law firm of Oliver, Bar,, and Vose,
special counsel to the City, to proceed with said condemnation action.
Submitted previously was re~ort dated December 14, 1993 from the Community
Development Department recommending the subject action. This matter was
continued from the meetings of December 14, 1993, January 11 and January 25,
1994 to this date. (See minutes those dates.)
It was at this ~oint in the hearing that Colleen Wiley spoke. See comments
under the Public Comments portion of the Agenda relating to agenda items.
City Attorney White. After Ms. Wiley spoke, he stated procedurally he needs
to make a couple of comments. For the sake of expediency during the agenda,
Ms. Wiley's comments were deferred from the Public Comment portion to be heard
in conjunction with the condemnation hearing under Item A16. However, since
she does not represent the property owner whose property is the subject of the
proposed condemnation, it is not appropriate to consider her comments as part
of the hearing itself. Her comments will be deemed Public Comments and will
be shown as such in the minutes of this meeting. (See comments under Public
Comments Agenda Items.) At this time, it is only appropriate to hear from the
owner of the property or his representative. The comments made up to now will
not be considered part of the hearing. One statement in response to Ms.
Wiley's comments, the negative declaration for the project which encompasses
several discreet projects was approved several months ago and only after
notices required by law were given and the public comment period established.
72
City Ra~]~ Anaheim, California - COUNCIL MXNU~S - FEBRUARY 1Sm 1994 - 5zOO P.M.
The public co~ent period has long since expired and comments relating to the
adequacy of the negative declaration or to augment the record as far as the
negative declaration in his view and opinion are not appropriate to be
considered by the City Council as part of tonight's action. His
recommendation is that the Council call upon the owner of the property or his
representative and consider the four items that are listed in the proposed
resolution which the Council has before them tonight. He is not sure whether
the owner or his representative are present and wish to speak. If not, the
process can be simplified. If they wish to speak, he suggests that the Mayor
go through the litany of the four items.
Mayor Daly. The owner of record or his designated representative is invited
to present testimony on any of the following issues only=
1. Whether the public interest and necessity require the project.
2. Whether the project is planned and located in a manner that will
be the most compatible with the greatest public good and least
private injury.
3. Whether the property sought to be acquired is necessary for the
project.
Any persons who would like to address the City Council according to those
guidelines may do so. He asked if the owner or his representative would like
to address the Council.
From the audience, Mr. Donald Day, owner of the property answered that his
attorney advised him not to comment.
Mayor Daly closed the public hearing.
Council Member Daly offered Resolution No. 94R-19 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 94R-19: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AHD DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR
ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY. (Donald
Day)
Roll Call Vote on Resolution No. 94R-19 for adoption~
AYES=
NOES=
ABSENT~
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Simpson, Pickler, Hunter, Daly
None
None
The Mayor declared Resolution No. 94R-19 duly passed and adopted.
Al7. 105~ APPOINTMENT TO THE BUDGET ADViSORy COMMISSION~
Appointment to the Budget Advisory Commission to replace Maryknoll Benner
(term expires June 30, 1997).
Council Member Simpson nominated Kathryn Freshley to be a member of the Budget
Advisory Commission to replace the vacancy left by Maryknoll Benner for the
term expiring June 30, 1997. Council Member Feldhaus seconded the nomination.
There were no additional nominations.
73
C£ty Hall, Anahe~ Cal£forn£a - COUNCIL MZNIFTES - FEBRUARY 1St 1994 - 5:00 P.M.
Kathryn Freshley was thereupon unanimously appointed to the Budget Advisory
Commission for the term expiring June 30, 1997.
ITEMS Sl - B6 FROM THE PLANNING COMMISSION MEETING OF JANUARy ~4r 199A
INFORMATION ONLY - APPEAL PERIOD ENDS FEBRUARY 15. 1994~
B1. 179~ CONDITIONAL USE pERMIT NO. 2681 AND NEGATIVE DECL~ATION=
OWNER: Robshan, Inc., 3131 Turtle Creek, Ste. 1300, Dallas, TX
95219
AGENT~ Mark Digirolamo, 627 Carlet, San Dimas, CA 91773
LOCATION= 480 North Glassell Street. Property is approximately 6.34
acres located at the southeast corner of Frontera Street and Glassell
Street.
Petitioner requests an amendment to the previously approved floor
plans to allow billiard tables within an existing restaurant with on-
premise sale and consumption of alcoholic beverages.
ACTION TAKEN BY THE PLANNING COMMISSION~
APPROVED Amendment to previously approved plans with a review in five
years (on I 24/99) for CUP NO. 2681 (PC94-9) (6 yes votes, i absent).
Negative Declaration previously approved.
B2.
179= VARIANCE NO. 4242 AND NEGATIV~ DECLARATION=
OWNER= TCW Realty Fund, VA Holding Company, 965 South Figueroa, 35th
Floor, Los Angeles, CA 90017
AGENTs MVA Architects, 20201 Southwest Birch, $180, Santa Ana, CA
92708
LOCATIONs 610 South 0live Street. Property is approximately 20.4
acres located on the northeast corner of South Street and Olive
Street.
Waiver of minimum number of parking spaces to construct 49,615-square
feet of office area within a 406,992-square foot industrial complex.
ACTION TAKEN BY THE PLANNING C0~M~SSION=
Variance No. 4242 GRANTED (PC94-10) (6 yes votes, I absent).
Negative Declaration Approved.
B3. 179= VARIANCE NO. 4155 AND TENTATIVE TRACT MAP NO. 14185, REV. NO. 2
REOUEST FOR SUBSTANTIAL CONFORMANCE DETERMINATION=
LOCATION= Property 'is approximately 11.4 acres located approximately
830 feet east of the intersection of Country Hill Road and Vista Del
Sol.
Request for substantial conformance determination to construct a
gated entry within a previously approved 13-1ot RS-HS-22,000 (SC)
single-family residential subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION~
Determined that the proposed gated entry is in substantial
conformance with Final Tract Map No. 14185 (no action taken at the
meeting of February 1, 1994, Item B8.
B4. 179~ CONDITIONAL USE PERMIT NO. 3301 AND TENTATIVE TRACT MAP NO. 14130
CREV. NO. l~ - REOUEST FOR A ONE-Y~AR RETROACTIVE EXTENSION OF TIME TO COMPLY
WITH CONDITION~ OF AppROVAls
REQUESTED BY= Slash Momeny, 2082 Business Center Drive, Ste. 185,
Irvine, CA 92715
LOCATION= Property is located at the eastern terminus of Garland
Circle.
74
City Hall~ Anaheim, Cal£forn£a - COUNCIL MIN'o'TgS - FEBRUARY 15~ 1994 - 5~00 P.M.
Petitioner requests a one-year retroactive extension of time to
comply with conditions of approval for Conditional Use Permit No.
3301 and a one year extension of time to comply with conditions of
approval for Tentative Tract Map No. 14130 (Rev. No. 1) (to permit
the construction of two dwelling units within the flood plain overlay
zone and to establish a 19-lot (18-unit) residential subdivision) to
expire August 21, 1994.
ACTION TAKEN BY THE PLANNING COMMISSION=
Approved a one year extension of time to comply with conditions of
approval for Tentative Tract Map No. 14130. No action taken by City
Council at the meeting of February 1, 1994, Item Bg.
Approved a one-year retroactive extension of time for CUP NO. 3310 to
expire on August 21, 1994.
BS. ~79~ CO~TIONAL USE PERMIT NO. 3449 - REOUEST FOR A ONE-YEAR
RETROACTIV~ EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL=
REQUESTED BY= Calvin Lin, 1360 South Anaheim Boulevard,. Anaheim
92805
LOCATION= Property is located at 1360 South Anaheim Boulevard.
Petitioner requests a one-year retroactive extension of time to
comply with conditions of approval for Conditional Use Permit.No.
3449 (to permit a 208-unit single-room occupancy (SRO) residential
hotel) to expire December 7, 1994.
ACTION TAKEN BY THE PLANNING COMMISSION=
Approved a.one year retroactive time extension to expire on
December 7, 1994 (5 yes votes, i no vote, and 1 absent).
B6. 134= RESOLUTION INITIATING APPLICATIONS FOR GENERAL PLAN AMEND NO. 336
AND THE D~SNEYLAND RESORT SPECIFIC PLAN NO, 92-~ AMENDMENT NO. 1=
LOCATION~ Property is located at the southeast corner of Freedman
Way and Harbor Boulevard and is further described as the Anaheim
Plaza Hotel.
Request for Planning Commission to initiate amendments to the Land
Use Element of the General Plan and The Disneyland Resort Specific
Plan to redesignate an approximate 9-acre portion of the Specific
Plan area from "Parking District' to "District A". Said amendments
would also remove subject property from the C-R- Overlay and the East
Parking Area Option, and remove public parking facilities as a
permitted use in District A.
ACTION TAKEN BY THE PLANNING COMMISSION=
Granted a Resolution initiating'applications for General Plan
Amendment No. 336 and the Disneyland Resort Specific Plan No. 92-1
Amendment No. i (Resolution No. PC94-11).
· ND OF THB PLANNING CO~ISSION ITEMS FROM JANUARY 24, 1994.
Chairman Daly reconvened the Redevelopment Agency for a continued joint
meeting with the City Council. (6=02 p.m.)
D1. ~3= JOINT pUBLIC ~RING - REDEVELOPMENT AGENCY/CITY COUNCIL ON THE
FOURTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN
TH~ AN~IM F~DEVELOPMENT AGENCY AND KOLL ANAHEIM CENTER ASSOCIATES, A
CALIFORNIA LIMITED pARTNERSHIP, WHICH SETS FORTH THE TERMS AND CONDITIONS OF
THE S~ OF CERTAIN HEAL PROPERTy WITHIN REDEVELOPMENT PROJECT ALPHA=
75
C£t¥ Ball, Anahe~, California - COUNCIL MINUTES - FEBRUARY 15, 1994 - 5200 P.M.
LOCATION/REQUEST: The Alpha Redevelopment Project Area is roughly
bounded by Lincoln Avenue, Anaheim and Harbor Boulevards, Broadway,
and Oak Street. The request is to consider the approval of the
Fourth Amendment to the Disposition and Developraent Agreement with
Koll Anaheim Center Associates, which provides for revised terms and
conditions for the sale and development of certain real property.
PUBLIC NOTICE REOUIREMENTS MET BY:
Publication in Anaheim Bulletin - January 25 and February 1, 1994
The Joint public hearing was scheduled and continued from the meeting of
February 8, 1994 to this date.
Submitted was report dated February 11, 1994 from the Redevelol~nent Agency
asking that the public hearing again be rescheduled to March 1, 1994.
City Clerk Sob1. Although the agenda indicates that staff is requesting a
one-week continuance, they have changed their recommendation to two weeks, to
March 1, 1994 since there is no meeting scheduled next week.
MOTIONs Agency Member Daly moved to continue the joint public hearing to
Tuesday, March 1, 1994. Agency Member Simpson seconded the motion. MOTION
CARRIED.
MOTION~ Council Member Daly moved to continue the joint public hearing to
Tuesday, March 1, 1994. Council Member Simpson seconded the motion. MOTION
CARRIED.
ADJOURNMENT= Agency Member Daly moved to adjourned the Redevelopment Agency
meeting. Agency Member Simpson seconded the motion. MOTION CARRIED.
(6=05 p.m.)
D2. 177: PUBLIC HEARING - TWENTIET~ YEAR (~994-1995} C0~UNIT~ DEVELOPMENT
BLOCK GRANT ~CDBG} PROGRAM AND BUDGET:
Approving the fiscal year 1994-1995 CDBG Program and Budget, in the
amount of $3,761,000 and $150,898 in reprogran~ned CDBG funds for the
1993-1994 fiscal year, as recommended by City staff and the
Communitywide CDBG Citizen Participation Com~ittee.
Submitted was report dated February 15, 1994 from the Community Development
Department recommending that the Council approve the subject CDBG Program and
Budget as recon~ended by City staff and the Co~anunitywide CDB~ Citizen
Participation Committee. Attached to the report were the Committee/Staff
recommendations for the 1994-95 Budget and a list of the funding requests
rece£vea.
Mayor Daly. Before proceeding with the public hearing, he asked staff to
summarize the process that has taken place to date resulting in the funding
recommendation.
Lisa Stipkovich. It is a very long process starting with the Communitywide
CDBG Citizen Participation Committee. The first meeting was held on
November 17, 1993 and subsequently on January 12 and January 19, 1994, two
public meetings were held to consider recommendations of both staff and public
testimony as well as input from the other community members which resulted in
the proposed budget being recommended to the Council tonight. (See report
dated February 15, 1994 which outlined the process.) She asked that Mr. Keith
76
City Hall., Anaheim, California - COUNCIl, MINUTE8 - F]gBRUARY 15, 1994 - 5~00 P.M.
Olesen, Chairman of the Citizen Participation Committee to present an overview
of the budget.
Council Member Hunter left the CouncL1 Chamber. (6~08 p.m.)
Keith Olesen, Chairman, Communitywide CD~G Citizen Participation Com~ittee.
This being the twentieth year, he did some research relative to CDBG funding
and every year it seems like it gets harder and harder but ends up better and
better. They have a 3.7 million dollar budget this year honed down from over
6 million dollars of requests. One thing that has increased in the past two
years and lends itself very well is involvement from both the staff level and
the City Manager's Office. It has increased greatly the interaction between
the Committee and staff and is appreciated by all thirteen committee members.
Over the past nine years, there have been a great number of relatively small
projects proposed and carried out. In this year's budget, there are two items
that are part of a large ambitious project - the Downtown Community Center and
the Citron Park acquisition effort. They are looked at as long term, large
dollar items that did get support from the two neighborhood council areas they
are in as well as the committee as a whole. The con~nunity supported both
efforts as well.
Mr. Olesen then elaborated on the amount of time spent by the members of the
CDBG Co,nitres on the budget. Further, over the past years, the budget has
increased about 38% up from the 2.3 level of allocations from HUD for the last
eight or nine years and then 3.5 million last year and 3.7 million this year.
The administrative cost to put those projects together has also gone down
substantially by approximately one-half. They are getting more done with ieee
administrative cost. In concluding, he stated he is not going to go through
each item of proposed expenditures because the data provided is
self-explanatory. He reiterated, the Downtown Community Center and Citron
Park projects were two of the most widely supported representing substantial
dollar amounts. The two most popular or greatly supported were the Police
Gang Unit which started from Block Grant funds three years ago and the Code
Enforcement Budget which goes out into the target neighborhoods to directly
address the slum and blight problems. He would be happy to answer any
questions and applauds the Committee for a job well done.
Both Mr. Olesen and Lisa Stipkovich answered questions posed by the Mayor and
Council Members relating to administrative overhead, housing rehabilitation
program and the public service funds cap.
Council Member Feldhaus. As much as he would like to see a Downtown Co=~unity
Center, he asked if the feasibility of doing creative financing has been
discussed.
Ke£th Olesen. The $974,000 is one-sixth of what they have identified which
hopefully will be enough to break ground on the first phase and they are
looking into other funding. Right now it is in the planning stage. They have
a basic design idea as far as square footages go but not an actual building
design. The next step will be to take what they have as far as needs, usage
and square footage breakdown and give that to an architect to come up with an
actual building plan.
Lisa Stipkovich. Mr. Olesen has also been working as part of a community
group that is functioning along with the Parks and Recreation Department.
They have had an architect involved for quite some time in designing the
program for the co~nunity center. Redevelopment has set aside the property
but the idea of working in a program and how much they can fit into the exact
77
City Hall, AnaheJ. l&; caxJ. fornJ, a - COUNCXL MXNL~-~,,:.$ - FEBRUJ~Y 15, 1994 - 5:00 P.M.
square footage, they are getting close to finalizing that. Last year $250,000
was granted under the Block Grant Program to start the design process and very
soon the architect selection. There was a memo given to all Council Members
identifying feasibility of funding a $6 million dollar effort which coincides
with the progran~ning effort they have been working on. That money comes from
basically three different sources - $2 million dollars from Block Grant and if
this gets approved they would be approving somewhere over $1 million combining
last year and this year, and then Redevelopment would be looking towards
acquiring the current senior center because that center will be moving into
this property and by purchasing that land for another senior housing project.
That land sale money will then go into the project and also the insurance from
the Agrigold building which wasoriginally intended to build a similar typm
facility. That might generate another $2 million. .Chris Jarvi has been
working on Parks and Recreation fees for the area which he will be receiving
from the Kaufman & Broad project and working with Supervisor Steiner's Office
to get an allocation from them. All of those sources of money are being
realized as the project moves along. If they are successful in getting a
majority of that next fiscal year and getting the design'started this year,
there could be a ground breaking in late 1995.
Council Member Feldhaus. Emphasis is on the community center and although he
knows it is vitally needed, he does not want it to be a detriment to the youth
programs such as the Boy's and Girl's Club.
Keith Olesen. That money comes out of the public improvements and youth
programs comes out of the 15% service cap.
Lisa Stipkovich. This is hard bricks and mortar. What the Boy's and Girl's
Club were originally asking for is operational costs which fall into the
public service cap problem. The ultimate project would be to have a Phase II
and III which would be part of the Boy's and Girl's Club and the "Y"
activities. They are an integral part of the entire planning process.
Mayor Daly. It might be helpful to summarize the amount of money available -
15% of $3.7 million is $564,000 which is the maximum that can be allocated to
the approximately 30 applicants.
Keith Olesen. The total application dollar amount was almost 1.5 million.
Mayor Daly opened the public hearing.
John Larson, President, Boy's and Girl's Club. When they applied for
allocation of money for the. fiscal year, they were denied which was quite
shocking. They were allocated $115,000 for last year, $15,000 is for moving
the trailers they purchased from Anaheim Memorial to their current location.
Another $50,000 is for capital improvement projects and another $50,000 for
operations. A statement was made at the meeting that they had not spent the
money allocated from last year. He wanted to clarify that they have not
received the money other than $25,000. They have spent in excess of $53,000
trying to put the Club in operation and have not done too much interior work.
He wanted to point that out. If that was one of the points used, it was taken
wrong because they have not spent the money. They do not know when the money
is going to be allocated. They were hoping it would be so they could finish
the project.
Lisa Stipkovich. She believes there were different parts of the grant for
this year, so~e for operating capital. What is more difficult to release
would be the capital improvements and she knows that they have been
78
City Hall. Anahe~, California - CO;~NCIL MIIqI~TEB - I~_~UARY 15, 1994 - 5:00 P.M.
communicating with Mike Sofia regarding what he needs to submit in terms of
actual costs. Right now they are in the process of preparing that part of the
agreement. They will clarify that and give the information needed. It is
just a matter of getting the request from the Boy's and Girl's Club in the
proper format and identifying how they are coming up with cost estimates to
see the actual capital improvements they are doing. She would anticipate this
would be worked out in the next few months and that the funds would be
expended by the fiscal year.
Mayor Daly. He asked the City Manager to provide the Council with an uPdate
every few weeks or so until the money is fully allocated. If there is a
communication or timing problem, they need to know that. If some of the money
is not being spent in a timely way, they need to know why and how to fix it.
Patrick Smith, Society of Saint Vincent de Paul. Relative to public service
monies, it seems that the funding recommendations are missing a key element -
substantial community based involvement. Fifteen percent (15%) of the funds
are to be designated to assist community social service projects but it seems
to him that what has been recommended is that the majority of the designated
funds be used by the City. About $400,000 of that 15% has been tagged to go
to the City while only about $150,000 is to go to about five of the
twenty-five community based applicants. Much is targeted toward the Police
Department's gang work. While that is admirable, he feels these funds need to
be augmented by community-based programs addressing similar problems.
Expending the 15% of CDBG funds on community based programs in other cities
have proven to be very effective. The mediation program is designed to assist
the community directly by training community members in methods of conflict
resolution and to mediate criminal conflicts at the community level. He then
explained for the Mayor where his program is based and how it works.
Lisa Fujimoto, Children's Bureau of Southern California. They originally
submitted a request for $75,000 to fund a program that is community based and
linked to Jefferson Elementary and Palm Lane Schools. They work with at-risk
families in the community. They have a very substantial and successful
program based at Oakview Elementary School and Westmont Elementary School in
Huntington Beach. They have been urged through the Anaheim City's integrated
task force to submit a request to apply for CDBG funds. They are
headquartered in Orange County in Anaheim and have served Anaheim residents
since 1987 free of charge to clients. She then explained the program. She
would like to see if the Council would consider funding even one staff person.
She came at the request of the Department of Social Services. Most prevention
dollars are privately raised. They want to continue the program. They had
5,600 reports of child abuse in Anaheim which ranks $3 in the County and yet
no prevention dollars are allocated. Instead of requesting funding for two
staff positions she is asking that they possible consider funding one.
Letters of support are coming from Senator Lewis, Supervisor Steiner and
Assemblyman Umberg.
Mayor Daly closed the public hearing.
Mayor Daly. There has been some discussion previous to this evening - the
idea of receiving comments and questions from the public tonight and taking
all this into account and then continuing the matter for one or two weeks to
work with staff to go over the numbers. Some questions have come up about the
community center and timing.
MOTION: Council Member Feldhaus moved to continue the subject public hearing
for two weeks to March 1, 1994. Council Member Daly seconded the motion.
79
City Hall, Anaheim. Californ£a - COUNCIL MINUTES - FEBRUARY 15, 1994 - 5~00 P.~.
Before a vote was taken, Mayor Daly asked staff if there was any problem if
this matter is continued for two weeks~ Lisa Stipkovich. There is no problem.
If there are questions regarding what is or is not a public service item, she
asked that they contact staff and staff will subsequently verify those with
HUD staff. Those items were listed under public service in the staff report
on the budget and had been checked thoroughly.
A vote was then taken on the foregoing ~otion to continue the hearing for two
weeks. Council Member Hunter was absent. MOTION CARRIED.
SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS:
The City Attorney announced that it is appropriate at this time for all those
intending to testify at any or all of the public hearings including staff be
sworn in at this time.
Those testifying were requested to stand by the City Clerk and asked to raise
their right hand. The oath was then given.
D3. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3657 AND NEGATIVE
DECLARATION:
OWNER: Jameel Hasan Zaini, Abdullah Ahmed Mejjallid, Robert L.
Meyer, 1620 South Hanley, St. Louis, MO 63144
AGENT: Cheryl Bartolini, 14715 Jeffrey Road, Irvine, CA 92714
LOCATION\REQUEST: The property is located at 600 West Lincoln Avenue
(El Conejo Drive thru Anaheim). The property is approximately .40
acres, with frontage of approximately 135 feet on the south side of
Lincoln Avenue, having a maximum depth of approximately 192 feet and
being located approximately 445 feet west of the centerline of Harbor
Boulevard. The request is to permit on-premise sale and consumption
of beer and wine, within an existing drive-thru fast food restaurant.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Conditional Use Permit No. 3657 APPROVED (ZA DECISION NO. 94-01)
Approved Negative Declaration.
Review of the Zoning Administrator's decision requested by Council
Members Pickler and Daly at the meeting of January 25, 1994, Item BI.
HEARING S~T ON~ A review of the Zoning Administrator's decision was requested
by Council Me~bers Pickler and Daly at the meeting of January 25, 1994 and
public hearing scheduled this date.
PUBLIC NOTICE REOUIREM~NT$ ~ET
Publication in Anaheim Bulletin - February 3, 1994
Mailing to property owners within 300 feet - February 2, 1994
Posting of property - February 4, 1994
PLANNING STAFF INPUT:
See staff report to the Zoning Administrator dated January 6, 1994.
Mayor Daly. The public hearing was set by him and Council Member Pickler
relative to the concern over the request for beer and wine sales at a
drive-thru restaurant across the street fro~ a school. He asked to hear from
staff.
Joel Fick, Planning Director. This item was approved by the Zoning
Administrator in January. At that meeting, no one appeared in opposition.
They have received two letters - one from the Anaheim Union High School
District expressing opposition (see letter dated February 15, 1994 from
8O
City Hall, Anahe£m, California - COUNCIL MINUTES - FEBRUARY 15, 1994 - 5~00 P.M.
Rita S. Newman, Assistant Superintendent, Business Services, AUHSD) and a
letter from Saint Boniface School and Catholic Church, directly across the
street. (See letter dated February 14, 1994 from Pastor John Lenihan and
signed by a number of parishioners.)
Mayor Daly. The letter from AUHSD points out that the location has been a
distraction for some of the students at Anaheim High School and both letters
expressed opposition to the sale of beer and wine at this location. He knows
that representatives from Police staff are present. It might be best to first
hear from the Police Department - the officers who work in these areas for
their view.
Jim Gandy, Special Operations Police Department. He was present at the Zoning
Administrator hearing. The Police Department had some concerns and asked that
certain conditions be placed on the permit if approved. He then briefed the
concerns of the Police Department - that the area is a high crime area, in
close proximity to schools, selling of alcohol to minors especially since the
elimination of the decoy program thus hindering the Police Department's
ability to monitor such situations, calls for service that have occurred even
without alcohol, etc. It has been their experience that when a place has the
addition of an alcoholic beverage license, calls for service go up. At the
Zoning Administrator hearing, they did recommend certain conditions be placed
on approval of the CUP and the applicant agreed but the Department still has
concerns.
Mayor Daly opened the public hearing and asked first to hear from the
applicant or applicant's agent.
Jim Groveam, General Manager, E1ConeJo. He does acknowledge that they have
had problems with students in the past. This year, they have started a
program where they do not serve any students during school hours. In previous
years, there have been calls to the Police because students were hanging
around. Now when a student comes to the restaurant, they are told they are
not allowed to be there at that time. The principal of Anaheim High School is
being more diligent regarding the problem. They visited the restaurant at the
beginning of the year expressing concern with their students being off campus.
Last year when they had problems with students being in the restaurant, they
called the school and the school said to call the Police which they did. He
reiterated, they do not have students at the restaurant at all. They have not
had problems this year with the students.
Answering Mayor Daly, relative to the request for beer and wine, they have a
lot of customers especially in the evening who request beer and wine with
their dinner. They have no intentions of turning into a place where people
hang out and have a beer. It is solely with dinner. They have a restaurant
in Irvine that serves beer and wine. If the surrounding area or their
customers did not want beer and wine, they would not be requesting to have it.
They also have no intentions of selling beer and wine through the drive-thru.
He confirmed they have no problem in fulfilling all Police Department
requirements.
Officer Gandy then explained for Council Member Feldhaus that ABC (Alcohol
Beverage Commission) requirements relative to distances from schools is that
any church or school located within 1000 feet of a business which has applied,
that is considered the point of consideration. If those entities were to
protest, they would be taken more seriously then a citizen down the street.
81
City Hallf Anaheim. California - COUNCIL MINUTES - FEBRUARY 15, 1994 - 5:00 P.M.
Mr. Groveam then clarified upon questioning that they do not have a beer and
wine license as yet and it would not be for the profit aspect but for
accommodation of their customers.
PUBLIC DISCUSSION -
IN FAVORz
None
PUBLIC DISCUSSION -
IN OPPOSITIONS
None
Mayor Daly closed the public hearing.
Mayor Daly. He feels this request would be detrimental to nearby properties
including the schools and church.
Council Member Pickler. He feels beer and wine at this restaurant would be
detrimental to the safety, health and welfare of the City and especially the
schools located in the immediate area.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION~ On motion by Council
Member Daly, seconded by Council Member Simpson, the City Council approved the
negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant effect on the environment. Council Member Hunter was
absent. MOTION CARRIED.
Council Member Daly offered Resolution No. 94R-20 for adoption, denying
ConditionalUse Permit No. 3657. Refer to Resolution Book.
RESOLUTION NO. 94R-20= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3657
Roll Call Vote on Resolution No. 94R-20 for adoptions
AYES~ COUNCIL MEMBERS~ Feldhaus, Simpson, Pickler, Daly
NOES= COUNCIL MEMBERS= None
ABSENT= COUNCIL MEMBERS~ Hunter
The Mayor declared Resolution No. 94R-20 duly passed and adopted.
RECESS~ By general Council consensus, the Council meeting was recessed for
10 minutes. (7=05 p.m.)
AFTER RECESS= The Mayor called the meeting to order, all Council Members
being present with the exception of Council Member Hunter. (7=25 p.m.)
Cl. 114= COUNCIL COMMENTS=
Mayor Daly had a brief discussion with the City Manager regarding
clarification of dates for upcoming workshops.
82
City nallr ~naheim, California - COUNCIL MINIFTE~ - F~_-BRU~RY 15r 1994 - 5:00 P.M.
ADJOURN~H~NT~ By general Council consensus, the Council meeting was adjourned.
(7=30 p.m.)
No Council meeting is scheduled for Tuesday, February 22, 1994.
LEONORA N. SOHL, CITY CLERK
83