1997/09/09ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES
SEPTEMBER 9, 1997
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 N. Sohl
• ASSISTANT CITY CLERK: Ann M. Sauvageau
PLANNING DIRECTOR: Joel Fick
ZONING DIVISION MANAGER: Greg Hastings
ZONING ADMINISTRATOR: Annika Santalahti
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:05 p.m. on
September 5, 1997 at the City Hall Kiosk, containing all items as shown herein.
Mayor Daly called the workshop portion of the Council meeting of September 9, 1997 to order and
welcomed all those in attendance.
City Manager, James Ruth. The Planning Director, Joel Fick, will make the presentation today. Staff
has worked diligently on this issue for a considerable length of time. He is proud of the work they have
done and the public support gained culminating in the proposal being presented to the Council today.
166: PROPOSED SIGN ORDINANCE REVISION: Joel Fick, Planning Director. He first gave a brief
is background history relative to the City's sign code amendment. (Mr. Fick's presentation was
supplemented by slides). The sign effort was launched to consider amending certain provisions of the
sign ordinance with the focus upon free-standing signs. It was clear at the outset that the advertising
needs of the local business community would need to be balanced with the efforts to improve the
aesthetic value of future signs. Staff began reviewing designs of signs contructed in recent years and
began immediately working with the Chamber of Commerce to insure that critical business needs would
be met. In addition, staff contacted the International Electric Sign Association which provided valuable
information. Staff used a combination of material to develop the proposed ordinance (which is before
the Council for action this evening) which was reviewed by the Planning Commission at workshops. The
Commission subsequently recommended approval of the ordinance at its meeting of August 18, 1997.
Mr. Fick emphasized how important the partnership with the business community had been in developing
the proposed standards with the Anaheim Chamber of Commerce being instrumental in providing input
from the business community's perspective. Various Chamber committees also reviewed the ordinance
throughout its development. He then briefed the various meetings and presentations made before the
Chamber's various committees and ultimately the Chamber's full Board of Directors. The Board adopted
a resolution in support of the City's efforts which is a part of the Council's documentation on the issue.
Mr. Fick then clarified that nearly all of the proposed changes relate to freestanding signs which was the
primary focus of the study and that under the proposed amendment, all legally existing signs will become
"grandfathered'. The staff report dated September 9, 1997 describes provisions of the ordinance in
detail. The slide presentation covered the following: examples of monument signs presently in place,
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING SEPTEMBER 9, 1997
examples of changeable copy or electronic reader board signs, freeway oriented signs, roof, plywood and
rider signs (the latter three which will be prohibited under the proposed ordinance), pole signs, old and
new shopping center I.D. signs, wall/window signs (which under the revision would be reduced from 20%
coverage to 10%), etc. He noted, once an abandoned sign has been reported as a nuisance, a
reasonable amount of time would be given to remove or repair such signs.
In concluding, Mr. Fick stated that the intent of the ordinance is to accommodate and encourage the
transition of sign appearance within the City. Staff is pleased to bring this to the Council in partnership
with the Chamber.
Following his presentation, Mr. Fick answered questions posed by Council Members to clarify certain
aspects of the proposal.
Mayor Daly asked if the ordinance dealt with neon strips that line windows; Mr. Fick answered there are
no provisions in the ordinance dealing with neon at this time. He also clarified that there is no review or
policy at the present time. They have never been viewed as being a sign, but more of an architectural
feature and the ordinance does not address that.
Mayor Daly. As a follow up, he would like to know what other communities are doing regarding neon
strips; Joel Fick. Staff will be happy to get that information and report back.
Council Member Lopez. He questioned whether there would be some control on wattage of neon signs;
Mr. Fick stated that when they gather the information on the neon strips, they will include wattage as
well.
Council Member McCracken. She noted that Mr. Fick reported that the Chamber was going to sponsor
an open house to inform/assist businesses with questions or concerns they may have regarding the
ordinance. Many small businesses in different parts of the City may not come to a downtown event. She
asked if there was a possibility of some ongoing outreach on the sign issue.
Joel Fick. The Chamber has been very interested in this and staff will be happy to assist in airy way. He
feels holding multiple meetings in many locations is a good idea.
Mayor Daly thanked Mr. Fick and his staff for the informative presentation and for all the work that has
gone into the proposal which will culminate in the final adoption of the ordinance, the first reading of
which is on the Council agenda for action this evening.
REQUEST FOR CLOSED SESSION:
City Attorney Jack White requested a Closed Session noting first that there were no additions to
Closed Session.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closed Session items.
The following items are to be considered at the Closed Session.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
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.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING SEPTEMBER 9, 1997
2. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - Existing Litigation:
Name of case: Richter Farms and Richter Farms Trust dba Rancho La Paz v. City of Anaheim,
et al., Orange County Superior Court Case No. 77-63-35.
3. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - Existing Litigation:
Name of case: Swift v. City of Anaheim, et al., Orange County Superior Court Case No.
77-29-25.
4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT
CODE SECTION 54956.8:
Property: 806 North Brookhurst Street
Negotiating parties: Anaheim Redevelopment Agency and Home Depot, Mr. Yong Ung Kim,
Brookhurst Motor, Inc.
5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (c) of Section 54956.9: two potential
cases.
6. PUBLIC EMPLOYMENT PERFORMANCE EVALUATION: (1996-97 Annual Performance
Review) City Manager and City Attorney.
7. CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator: Dave Hill
Employee Organizations: All Unions
RECESS CLOSED SESSION:
Mayor Daly moved to recess into Closed Session. Mayor Pro Tem Lopez seconded the motion.
MOTION CARRIED. (3:34 p.m.)
AFTER RECESS:
The Mayor called the meeting to order, all Council Members being present, and welcomed those
in attendance to the Council meeting. (5:30 p.m.)
INVOCATION:
Pastor Jimmy Gaston, State College Church of Christ, gave the invocation.
FLAG SALUTE:
Mayor Pro Tem Lou Lopez led the assembly in the Pledge of Allegiance to the Flag.
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING SEPTEMBER 9, 1997
119: PRESENTATION - GRAFFITI REWARD CHECK: Presentation of a $500 graffiti reward
check to Ms. Lila Jagears.
John Poole, Code Enforcement Manager. As part of the City's ongoing program to fight graffiti, he is
present to assist the Council in presenting a $500 check to Lila Jagears, who also happens to be past
President of the South Anaheim Neighborhood Council. She has been very involved in neighborhood
activities for many years. A year ago, she observed a person spraying graffiti, contacted the Police
Department and provided information that led to the arrest and conviction of the perpetrator, one who
had an outstanding warrant for a previous violation.
Mayor Daly, along with the Council, presented Mrs. Jagears with the reward check and commended her
for her actions. They appreciate the citizen activist she personifies.
Lila Jagears. She stated that residents can make a difference in their neighborhoods if they stand
together. She encouraged the reporting of graffiti vandalism not only for the monetary reward, but also
for making the City a better place.
•
RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
PROCLAMATION recognizing September 1997 as America Goes Back to School month in
Anaheim.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,504,380.49 for the period ending
August 25, 1997, $3,596,561.67 for the period ending September 2, 1997 and $2,472,075.16 for the
period ending September 8, 1997, in accordance with the 1997-98 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing
Authority meetings. (5:41 p.m.)
Mayor Daly reconvened the City Council Meeting ( 5:42 p.m.) •
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Nina and Irene Roditis. Nina Roditis stated she is spokesperson for South Coast Cab Company, Irvine,
California. The company submitted an application to operate in the City on April 27, 1997. She then
explained the status/progress of the application to date. She also explained that South Coast Cab has a
private charge account with Columbia West Anaheim Medical Center for the transportation of adults with
psychiatric problems. On September 8, 1997, they ran into a problem with Code Enforcement Officer,
Don Yourstone who cited two of their cabs for picking up their private account. She then read a letter
from Ken Kaiser, Program Manager, Columbia West Anaheim Medical Center explaining the
transportation program they recently established with South Coast Cab Company and asking that the
City expedite the approval process so their patients can continue to use the company and provide the
necessary service.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING SEPTEMBER 9, 1997
Mayor Daly interjected and stated that a process is set up with certain conditions that have to be met.
Their application will eventually come to the City Council after staff review and recommendation. He
asked if her concern was with the administrative process.
Nina Roditis. They want to continue their private contract with Columbia West. They need that private
contract to continue their business. She confirmed that they are still in process with City staff to get a
permit. Richard LaRochelle, Code Enforcement Office, said that they cannot pick up in the City. They
have diligently worked to stay within the code; however, the process is taking too long and they would
like assurance they will not be cited for picking up fares for private services. They are simply fulfilling a
private contract between the two businesses.
Mayor Daly. The City Manager will report back to the Council with a summary of the situation.
Dennis Fitzgerald, 856 Torquoise Street, Anaheim. He expressed concerns over the City's relationships
with Disneyland and also the funds being spent by the City Attorney's Office for prosecuting certain
cases, which he elaborated on, which he feels could go to better use elsewhere.
Brad Knypstra. He referred to the recent newspaper articles regarding Anaheim campaign financing and
the City Attorney prosecuting taxpayer's associations under an Anaheim Municipal Code having to do
with independent campaign expenditures in excess of $1,000. He has been following this because it has
to do with a friend of his, Mr. Sheldon. It has also come to his attention that there may be violations
involving a current and past Council Member. He is adamantly opposed to these types of laws which he
feels infringe on the First Amendment. If they are going to prosecute criminal charges against a
taxpayer's organization under this type of code, then all the more reason to go after a public official that
abuses the same code section. He is present to ask that this be done.
Lary Likens, Orange County Employees Association representing the concerns of the AMEA (Anaheim
Municipal Employees Association) regarding contracting out of Information Services. The Council has
already received information packets containing the proposed SCT (Systems and Computer Technology)
contract for their consideration. He suggested that they study it carefully and pay special attention
especially to the minor savings for such a dynamic change. He then outlined the concems the
association has relative to the proposal. In concluding, he stated, the City's own Warner report clearly
indicates these services should not be contracted out. In the long run, the City will pay more and get less
service than it does now and once the employees are gone, the City is at the mercy of SCT to provide
these services regardless of cost.
Mike Berry, 1210 Sunburst Avenue, Anaheim (37 years) After graduating from Loara, he applied for a
job at Disneyland. He is also currently completing his 25th year as a Union Member with the Restaurant
and Hotel Employees. He is present tonight because he is concerned that Sportstown will not provide
the kind of employment he would like to see for his son who is some three years away from being the 3rd
generation of his family to live and get a job in Anaheim -- a job with decent living wages and health
benefits that a union job can provide. The agreement for Sportstown needs to include quality, full-time
work and there is no reason why Anaheim should not require that. He urged that they let their biggest
assets — employees and residents of Anaheim -- have a share in the success of Sportstown.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING SEPTEMBER 9, 1997
Frank Robinson, 1529 S. Walnut, Anaheim. He is and has been a member of HERE, Local 681 and an
employee of Disneyland for seven years. What they want is for the City to commit to quality union jobs
in Sportstown. They have a commitment to the people to provide them with the best possible benefits
that will enhance the City.
Mary Ann Hegner, 1409 E. Rosewood, Anaheim (30 years). She has worked at Disneyland Hotel for 11
years and is a member of HERE, Local 681. They are looking forward to Sportstown. She would like to
impress on the Council how important she feels the new jobs that will be created are union jobs. They
need to have quality jobs for quality workers which she feels means strong union jobs with benefits that
allow them to buy homes in the City and spend money where they live. She is asking that the Council
require union language in the City's agreement with Forest City Development. She understands this is
something new but where else than in Anaheim.
Laura Romero, 1601 Hampstead, Apt. E, Anaheim. Speaking through an interpreter, she stated she is a
CDBG (Community Development Block Grant) representative from that area. She first thanked the
Council for giving her an opportunity to work with Ida Durand, the Director of the Jeffrey -Lynne
Community Center. She is present to acknowledge the work being carried out by the volunteers,
residents and herself with the valuable support of Ms. Durand. Ms. Romero then gave an extensive
presentation, supplemented by slides, on the many acitvities and programs offered to the Jeffrey Lynne
Community because of the Community Center -- English classes, literacy program, health fair, etc. She
also relayed statistics relating to the Center, one of which was that 68,652 people received services
(which she named) during the 1996-97 Fiscal Year. The interpreter, at her request, also read a report
from the Police Department noting that "the Jeffrey -Lynne area has a Community Center run by the
City's Parks and Recreation Department. Ida Durand manages the Center and has done an excellent job
in involving the residents in programs offered at the Center.' Ms. Romero also reported on other
recognitions given the Center.
Before concluding, Ms. Romero stated that unfortunately in the past few weeks there has been some
contrary effort by Josie Montoya and Connie Rodriguez. Their only purpose is to achieve a disintegration
of the SANC (South Anaheim Neighborhood Council) which was created to guarantee citizen
participation in Federal programs through CDBG. Another aim is to end the programs at the Jeffrey -
Lynne Center and break the good relations and working cooperation that the committee and the City
have been developing over the last 18 months and also to create unconformity and leading the
community into a faceoff with the City. They have used the installations and programs at the center just
as the persons who have benefited from them. In the same way, the newspaper has been used to attack
and defame people as well as institutions. She just wanted to make it clear they are worried about what
is happening. Those who work as volunteers at the center do not work for pay but as volunteers for the
community. She has personally been insulted and harrassed. She then thanked the Council for all the
resources the City has been providing through the work this lady (Ida Durand) does.
Mayor Daly. On the Council's behalf, he thanked Ms. Romero and her supporters for taking the time to
attend the meeting and helping to balance some of the information they have been hearing from other
persons regarding the operations of the Jeffrey -Lynne Community Center. They have confidence in City
staff and in the sincerity of the City's efforts to provide quality services at the center. They appreciate
what is being done at the center with both paid staff and volunteers. He noted that Ms. Romero was
speaking on behalf of about eight persons.
Len Spivak, President, Jeffrey -Lynne Owner's Association. He is responding to a recent article in the
Register concerning the Jeffrey -Lynne Community Center. They were unaware of any problems at the
center until comments were made at their last Saturday morning meeting. They have 77 owners and
over one half are members of the association. Typically, they have 15-30 members at their meetings
and as a matter of routine, he asks members if there are any areas of concern with regard to City
services. Although sometimes they have heated discussions on the ongoing efforts of Community
Policing and some other departments, never has anything been said which would negatively reflect on
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING SEPTEMBER 9, 1997
the Community Center operation or its staff. He personally asked his eight tenants, who have some
contact with the center, their feelings, and all responded in a positive manner. He has personally found
the center and Ida Durand to be extremely accommodating, efficient, and diligent in response to any
questions or problems that arise. As owners, they consider the Community Center and its staff a definite
asset to the community.
Mayor Daly. Mr. Spivak is speaking on behalf of the property owners and also for Mr. Phil lati who was
present in the Chamber audience.
Francisco Ceja, 1303 Jeffrey, Anaheim. He refuted some of the statistics given by Ms. Romero relative
to services provided at the Jeffrey -Lynne Center. Nobody is trying to dissolve the CDBG committee.
He feels they are trying to dissolve themselves. There was a meeting today and no one showed up.
Jeffrey -Lynne is one of the worst neighborhoods in Anaheim. Everybody thinks a community center is
needed. His reason for speaking today is to ask if the City has planned to close the center because that
is what he has heard, that a City employee has made some comments to some residents. United
Neighborhoods never asked or never intended to close the center. They are encouraging people to go to
the center and get the services they are supposed to get. He is asking on behalf of the Jeffrey -Lynne
residents to not close down the center and is also asking for a response to the report made by 170
residents from the Jeffrey -Lynne area. None of the recommendations have yet been implemented.
Angela Marie Gonzalez, 1544 Jeffrey, Anaheim. She has seen a big change in the center. They do not
want it closed. Speaking to Mr. Ruth, he has done a wonderful job and she thanked him for his support.
The only problem that she sees is favoritism and those who are rejected. Some people are receiving
things and being supported while others are being turned away. United Neighborhoods does not want to
close the center down but to reunite the place which was like a big family. Now it is divided. The people
who are present in support of the center are the people who get things. She would like to see them all
get along.
Connie Rodriguez, 1773 W. Sumac, Anaheim. She is hurt by those who say she is doing something
wrong for the community. She has been present to speak many times in support of the community, not
only the Jeffrey -Lynne area, but for other neighborhood councils. What she has heard are lies. She had
lived in the Jeffrey -Lynne area for 11 years. The community came to them to ask them to look into the
food program. She is not against the community (center). It is needed there. They have had problems
there before and they have to be solved. They do not have to look for another place to distribute food.
The Community Center is there but they want a different staff. They will distribute the bags as they
come from the donators. They invite the Council to come to the community on the 15th to find out what
is going on.
Theresa Garcia. They have come to tell the Council about the problems at the Jeffrey -Lynne
Community Center.
Mayor Daly interjected and stated they have already heard from a spokesperson for both sides. He feels
this type of scripted presentation is not fair. He requested if there is something in writing that it be
submitted.
Theresa Garcia. The reason she is present is to tell the Council what Josie Montoya wants is community
well being.
Mayor Daly. He does not want to hear personal attacks back and forth. In the future there should be one
spokesperson for a group.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING SEPTEMBER 9, 1997
Jessica Castro, United Neighborhoods, 221 N. Coffman, Anaheim. There was a very conscious effort
and planning behind these people being here today (those supporting the Jeffrey -Lynne Center). They
had asked for head phones and also a translator but were told there were no head phones or a translator
available; however, both are present tonight. Transportation was also provided. She considers it a "field
trip" from the Jeffrey -Lynne Center. She proceeded to ask questions of the audience; Mayor Daly
interjected and asked that she direct her comments to the Council.
Jessica Castro. She continued that there are residents present of their own free choice with no
organized effort to present to the Council what has been happening. She wants to talk about
empowerment, dignity and respect. The food pantry the way it has been taken over is run solely by
volunteers. The community has been empowered to run their own program. United Neighborhoods does
not have the power to use or convince the media at its whim. United Neighborhoods and the community
have together in a partnership delivered over 75 bags — there are 75 people assigned to their food pantry
distribution. At the maximum, there are 25 people being served at the Community Center. There are
people present to tell the Council about that. She invited the Council to come out when that is happening
and she can provide the time and date so that they can see for themselves what is happening.
Bruce Solari, Chairman, Community Services Board. The Board is charged with monitoring the delivery
of community service needs in the City. For the past two years, he has been a part of that and is very
familiar with the Jeffrey -Lynne Community Center. Some of the things that come to mind: have there
been mistakes made — very possibly; could things be better — he believes they probably could; criminal
activity — absolutely not; is there good work being done (at the center) -- there is no question. It is an
asset to the City and Jeffrey -Lynne area. Is harm being done by the different allegations that are going
back and forth -- there is no question, and harm to those needing the services the most. He encouraged
the Council to continue the good work that is being done there and that it be continued while they
continue to demand nothing but the highest standards from the employees.
Roberto (last name unintelligible). He stated he is present to give his testimony relative to the Jeffrey -
Lynne Community Center.
Mayor Daly declared that such input was over for this evening since a great deal of time had been spent
on the issue.
City Manager Ruth. It has never been the intent to consider closure of the Jeffrey -Lynne Community
Center. They will continue to work with the neighborhood and the community to improve the situation but
certainly never have considered closing the facility.
Jeff Kirsch, 2661 W. Palais, Anaheim. He is concemed about the conscious disregard as described in a
Register article on Monday regarding seismic safety standards in the Stadium deal. The article stated
that a full report was commissioned on seismic safety but the Council does not seem to have any interest
in it. He is interested and would like to have an opportunity to review the report. Council should request
the studies that the public has paid for and request full review of those studies.
PUBLIC COMMENTS - AGENDA ITEMS:
There were no public comments on City Council Agenda items.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING SEPTEMBER 9, 1997
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of September 9, 1997. Council Member Lopez seconded the motion.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR ITEMS Al - A39: On motion by Mayor
Daly, seconded by Mayor Pro Tem 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. 97R-160, 97R-161 and 97R-165, for adoption.
Mayor Daly offered Ordinance No. 5612 for introduction. Refer to Resolution/Ordinance Book.
Al. 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 Jess Martinez Go Kenneth E. Lako, Esq. for property damage sustained
. purportedly due to actions of the City on or about February 20, 1997.
b. Claim submitted by Pamela J. Slama for property damage sustained purportedly due to
actions of the City on or about June 7, 1997.
c. Claim submitted by Jiaw Chu for property damage sustained purportedly due to actions of the
City on or about October 11, 1997.
d. Claim submitted by Felisa Abad for property damage sustained purportedly due to actions of
the City on or about July 14, 1997.
e. Claim submitted by Randall Emmons c/o Donald A. Carstens, Esq. for bodily injury sustained
purportedly due to actions of the City on or about May 29, 1997.
f. Claim submitted by Elena Herrera Go Jacobson & Associates for bodily injury sustained
purportedly due to actions of the City on or about April 11, 1997.
g. Claim submitted by Scott Flanagan, Jeff Flanagan, Richard Greer and Linda Greer c/o James
is
R. Traut, Esq. for bodily injuries sustained purportedly due to actions of the City on or about
March 10, 1997.
h. Claim submitted by State Farm Insurance Co., Keith and Holly Schkoda, Insured for property
damage sustained purportedly due to actions of the City on or about April 13, 1997.
i. Claim submitted by AIIState Insurance Co., Anthony R. Lucero, Insured for property damage
sustained purportedly due to actions of the City on or about April 9, 1997.
j. Claim submitted by State Farm Insurance, Steven Skorpanich, Insured for property damage
sustained purportedly due to actions of the City on or about April 1, 1997.
k. Claim submitted by Anthony L. Stefaniuk Go Michael V. Wright, Esq. for property damage
sustained purportedly due to actions of the City on or about July 9, 1997.
A2. 105: Receiving and filing minutes of the Public Utilities Board meeting held June 12, 1997.
105: Receiving and filing minutes of the Budget Advisory Commission meeting held July 16,
1997.
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING SEPTEMBER 9, 1997
175: Receiving and filing a Notice of Filing by Southern California Edison Company (Docket No.
ER97-3880-000) before the United States of America Federal Energy Regulatory Commission
regarding changes in rates for transmission service in an Agreement with the City of Anaheim.
156: Receiving and filing the Anaheim Police Department Crime Statistical Report for the month
of July, 1997.
105: Receiving and filing minutes of the Golf Advisory Commission meeting held July 24, 1997.
105: Receiving and filing minutes of the Anaheim Private Industry Council meeting held June
26, 1997.
A3. 175: Awarding a contract to the lowest responsible bidder, The Allison Company, in the amount
of $89,173 for Katella Avenue 16" Watermain Improvements; and in the event said low bidder
fails to comply with the terms of the award, awarding the contract to the second low bidder, as
well as waiving any irregularities in the bids of both the low and second low bidders.
A4. 175: Awarding a contract to the lowest responsible bidder, Steve Casada Construction
Company, Inc., in the amount of $179,179 for Orangewood 16' Watermain, Lewis Street 8"
Watermain, and Simmons Avenue 8" Watermain Improvements; and in the event said low
bidder fails to comply with the terms of the award, awarding the contract to the second low
bidder, as well as waiving any irregularities in the bids of both the low and second low bidders.
A5. 164: Awarding a contract to the lowest responsible bidder, Peter C. David, Inc., in the amount of
$228,405 for Catalpa Avenue/Maple Street/Fir Avenue/Devonshire Avenue and Gilbert Street
Sewer Improvements within the 1-5 Freeway Widening Segments D1 and D2; 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.
A6. 123: Approving a State -Local Transportation Partnership Program Agreement No. SLTPP-5055,
Program Supplement No. 21 with the California Department of Transportation, for the East
Street/SR-91 Freeway to La Palma Avenue Street Improvement Project.
A7. 123: Approving State -Local Transportation Partnership Program Agreement No. 22 (La Palma
Avenue from Harbor Boulevard to West Street); Agreement No. 23 (Harbor Boulevard from
Katella Avenue to Orangewood Avenue); and Agreement No. 28 (Harbor Boulevard/Ball Road
Intersection) with the California Department of Transportation. 0
A8. 123: Approving a State -Local Transportation Partnership Program Agreement No. SLTPP-5055,
Program Supplement No. 27 with the California Department of Transportation, for the Ball Road
Street Improvement Project.
A9. 123: Approving a State -Local Transportation Partnership Program Agreement No. SLTPP-5055,
Program Supplement No. 26 with the California Department of Transportation, for the
Orangewood Avenue Street Improvement Project.
A10. 123: Approving a State -Local Transportation Partnership Program Agreement No. SLTPP-5055,
Program Supplement No. 24 with the California Department of Transportation, for the La Palma
Avenue (Kraemer Boulevard to White Star Lane) Street Improvement Project.
A11. 123: Approving a State -Local Transportation Partnership Program Agreement No. SLTPP-5055,
Program Supplement No. 25 with the California Department of Transportation, for the State
College Boulevard Street Improvement Project.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING SEPTEMBER 9, 1997
Al2. 123: Approving Program Supplement No. M002 to Agency -State Agreement for the Federal Aid
Intermodal Surface Transportation Efficiency Act (ISTEA) Projects No. 12-5055, for the Tustin
Avenue Street Improvement Project.
A13. 123: Approving an Assignment of Agreement with Daniel E. Clark, AIA & Company, to the Hill
Partnership, Inc., in connection with the principal architect in charge of the functional
replacement of Fire Station No. 3.
A14. 158: To consider approving the Acquisition Agreement of real property at 424 West Katella
Avenue (R/W 5180-57); approving the Right -of -Entry Agreement; authorizing the Mayor and City
Clerk to execute said Agreements; and authorizing the acquisition payment of $15,000 to Feng
M. Chia and Tom T. Chia for the Katella Avenue Smart Street Improvement Project.
City Manager Ruth. Item A14 is being removed by staff at this time since there is a change of ownership
taking place. That will also affect Item A21, but only as it pertains to the third resolution with regard to
Right -of -Way 5180-57. The resolution can be adopted with the exclusion of that item.
Council Member Tait. This is to allow a Community Center to be operated out of the Anaheim Memorial
• Medical Facility (in Anaheim Hills) at no cost to the City. It is a charitable act on their part and he would
like to publicly thank them and send appreciation from the City.
A15. 158: Approving the Acquisition Agreement of real property at 1734 South Harbor Boulevard
(R/W 5180-22); approving the Right -of -Entry Agreement; authorizing the Mayor and City Clerk to
execute said Agreements; and authorizing the acquisition payment of $11,355 to Castle Inn, a
California Limited Liability Company, for the Katella Avenue Smart Street Improvement Project.
A16. 158: Approving the Acquisition Agreement of real property at 231 West Katella Avenue (R/W
5180-33); approving the Right -of -Entry Agreement; authorizing the Mayor and City Clerk to
execute said Agreements; and authorizing the acquisition payment of $215,000 to Capeluto
Enterprises, Inc., dba Media Sales Group, aka Admiral Rent-A-Car, for the Katella Avenue Smart
Street Improvement Project.
A17. 106: Approving an adjustment in the amount of $214,976 to increase the Public Works
Department's Fiscal Year 1997-98 Capital Improvement Budget.
A18. 123: Approving and authorizing the Director of Public Works to sign and concur with Caltrans'
is Contract Change Order No. 6 for betterment improvements on the 1-5 Freeway Widening
Segment B1 Project (Contract Change Order for District Agreement No. 12-320).
A19. 123: Approving an Agreement with Dewan, Lundin & Associates, in an amount not to exceed
$40,000 for miscellaneous engineering design services for Public Works improvement projects;
and authorizing the Mayor and City Clerk to execute the Agreement.
A20. 123: Waiving Council Policy No. 401, and approving an Agreement with Hunsaker & Associates,
Irvine, Inc., in an amount not to exceed $300,000 annually, to provide map and plan checking
services in connection with the Anaheim Resort and the Disneyland Resort developments.
A21. 158: RESOLUTION NO. 97R-160: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL PROPERTIES
OR INTERESTS THEREIN TO THE CITY. (R/W 5180-16 AND R/W5180-27.)
158: RESOLUTION NO. 97R-161: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL PROPERTIES
OR INTERESTS THEREIN TO THE CITY. (R/W 5180-22.)
11
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING SEPTEMBER 9, 1997
158: RESOLUTION NO. 97R-165: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL PROPERTIES
OR INTERESTS THEREIN TO THE CITY. (R/W 5180-33)
A22. 160: Accepting the low bid of Shallbetter Bros., Inc., cto Matzinger-Keegan, Inc., in the amount
of $20,370 for two manual operated padmount sectionalizing switches, in accordance with Bid
#5689.
A23. 160: Accepting the bid, and authorizing the execution of an Agreement with S & K Services, for
vending machine services for a period of one year with the option to renew for an additional
seven one-year periods, in accordance with Bid #5682.
A24. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a Purchase
Order to Schweitzer Engineering Laboratories, c/o Matzinger-Keegan, in the amount of $43,233
for eighteen overcurrent and differential relays for Yorba Substation.
A25. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a Purchase
Order to 3M Library Systems, in the amount of $77,619.29 for the replacement of security
systems in five libraries and for the purchase of one self-service checkout unit for Central Library
(Community Services Department). 0
A26. 123: Authorizing the Second Amendment to an Agreement with Shield Security, Inc., in an
amount not -to -exceed $299,280 including the additional service requirements up to 160 hours
per week to provide security personnel to enforce parking ordinances in posted street sweeping
and other areas for a period of one year beginning October 1, 1997, and ending September 30,
1998, with the option to extend for one additional year, in accordance with Bid #5429 as publicly
advertised.
A27. 123: Accepting the low bid, and authorizing the execution of Agreements with Image Choice for
MicroAge Infosystems Services, in the amount of $830,312.21 for a document imaging system
including first year maintenance and support and conversion services, for the Police Department,
in accordance with Bid #5645, and amending Fiscal Year 1997/98 Budget to increase
expenditures in account no. 101-309-2251-9716.
A28. 123: Approving an Attomey Services Agreement with Arter & Hadden, Attorneys at Law, and
authorizing and directing the Mayor and City Clerk to execute said Agreement for, and on behalf
of the City.
A29. 123: Approving an Agreement with the Anaheim Interfaith Shelter, in the amount of $48,000 for
the provision of emergency shelter services to homeless families with dependent children; and
approving an Agreement with the Boys & Girls Club of Anaheim, in the amount of $48,000 to
assist in the provision of youth -oriented programs.
A30. 123: Ratifying a Lease Agreement, executed by the City Manager, between the City of Anaheim
and Anaheim Memorial Medical Center for the use of the Anaheim Memorial Medical Plaza
Community Room as a community meeting space; and ratifying a Sublease Agreement,
executed by the City Manager, between the City of Anaheim and the Orange YMCA for the
scheduling and supervision of the Community Room at the Anaheim Memorial Medical Plaza.
A31. 123: Approving and instructing the City Manager to sign an Agreement with Orange County for
Urban Park funds, in the amount of $15,000 for park picnic tables at Boysen, La Palma, Pioneer,
and Peralta Parks; conditionally approving an Agreement with the Anaheim YMCA to provide
funding, in the amount of $15,000 for operational programming and instructing the City Manager
to sign the Agreement once the Orange County Agreement has been approved by the Board of
Supervisors; and increasing appropriations in expenditure account 101-213-4283-9705 and
revenue account 101-213-4283-1823 by $15,000.
12
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING SEPTEMBER 9, 1997
A32. 123: Approving an Application and Agreement for Use of School Facilities with the Magnolia
School District (Maxwell Elementary School) for the Project S.A.Y. "Kids in Action" program, and
authorizing the City Manager to execute said Agreement on behalf of the City.
A33. 123: Authorizing the Fleet/Facilities Manager to exercise the City's option to terminate the office
space lease agreement with Anaheim Municipal Employees Association (AMEA) at City Hall.
A34. 123: Approving a Seventh Amendment to the Agreement between PRC/Public Sector, Inc., and
the City of Anaheim, in an amount not to exceed $75,000 for consulting services for FY 1997/98,
in connection with the Police Automated Systems Development.
A35. 108: ORDINANCE NO. 5612: (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING VARIOUS SECTIONS OF CHAPTER 18.05 OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO OUTDOOR ADVERTISING SIGNS AND
BILLBOARDS.
A36. 123: Approving a Fourth Amendment to Agreement with Occu-Med, Inc., to continue their
services through June 30, 1998, in the area of occupational health and medical standards,
• including pre -placement medical examination and quality assurance services.
A37. 123: Approving Caltrans Utility Agreement No. 12249 to remove and relocate electrical facilities
for the Interstate 5 widening project (0.4 miles north of Haster Street to Orangewood Avenue).
A38. 114: Approving minutes of the Anaheim City Council meetings held July 22, 1997, August 5,
1997, and August 12, 1997.
A39. 123: Authorizing the City Manager to execute an Agreement with the Anaheim Union High
School District for co-sponsorship of the District's Centennial Celebration; and approving the
expenditure of $5,000 in City Council Contingency Funds to help support the event.
Roll Call Vote on Resolution No. 97R-160, 97R-161 and 97R-165 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. 97R-160, 97R-161 and 97R-165 duly passed and adopted.
Ordinance No. 5612 was offered for first reading.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
A40. 105: APPOINTMENTS TO THE ANAHEIM REDEVELOPMENT AND HOUSING
COMMISSION (7 MEMBERS): Five General Members with terms expiring on June 30 of the
years 1998, 1999, 2000, and two on June 30, 2001 and two Tenant Members (tenants in housing
projects one of whom must be at least 62 years of age) with terms expiring June 30, 1999 and
June 30, 2000.
13
ANAHEIM CALIFORNIA - CITY COUNCIL MEETING SEPTEMBER 9, 1997
City Clerk Sohl. There are five nominations for general membership. She has submitted a list of names
to the Council, all for those five positions. The list for the tenant members, which have specific
requirements, is not yet ready for the Council to consider and will be presented at a later date.
Mayor Daly. What they are focusing on this evening are the five general members. He asked if the
Council would like to act this evening or wait another seven days to consider the applications.
MOTION. Council Member Tait moved to continue the subject appointments (general and tenant
members) for one week. Council Member Zemel seconded the motion. MOTION CARRIED.
ITEMS 131 -1310 FROM THE PLANNING COMMISSION MEETING OF AUGUST 18, 1997:
INFORMATION ONLY - APPEAL PERIOD ENDS SEPTEMBER 9,1997:
•
B1. 179: WAIVER OF CODE REQUIREMENTS CONDITIONAL USE PERMIT NO. 3910 AND
MITIGATED NEGATIVE DECLARATION:
OWNER: CLAYTON EUGENE SCARBROUGH AND DONNA JEAN SCARBROUGH,
TRUSTEES; CLAYTON EUGENE SCARBROUGH, TRUSTEE, P.O. Box 18957, Anaheim, CA
92817-8957
AGENT: JACK STANALAND, 1590-10 South Coast Highway, Laguna Beach, CA 92651
LOCATION: 1400 and 1474 South Douglass Road. Property is approximately 25 acres located
on the east side of Douglass Road, approximately 1,080 feet north of the centerline of Katella
Avenue.
To construct an approximate 362,174 square -foot entertainment complex with sales of alcohol
for on -premises consumption consisting of an approximate 95 -foot high lighted obelisk tower, up
to 28 retail spaces totaling approximately 42,200 square feet, up to 10 restaurants totaling
approximately 72,750 square feet, up to 12 nightclubs totaling approximately 60,000 square feet,
an approximate 20,659 square -foot exhibition hall, approximately 5,000 square feet of office
area, and a 7 -story approximate 148,750 square -foot, 300 -room hotel with waivers of minimum
number of parking spaces, maximum structural height, permitted encroachments into required
yards, required parking lot landscaping, permitted type of sign (marquee), permitted number,
permitted square -footage and permitted height of freestanding signs and permitted number and
•
permitted square footages of wall signs.
ACTION TAKEN BY THE PLANNING COMMISSION:
WITHDRAWN by the applicant.
B2. 179: CONDITIONAL USE PERMIT NO. 2090, AND NEGATIVE DECLARATION:
OWNER: HARVEY S. OWEN, 1160 North Kraemer Boulevard, Anaheim, CA 92807
AGENT: ALISON SANDERS, 1160 North Kraemer Boulevard, Anaheim, CA 92807
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 amend or delete a condition of approval pertaining to a time limitation to retain an existing
5,400 square foot restaurant/public dance hall with retail sales of alcoholic beverages for on -
premises consumption and live entertainment.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved amendment to conditions of approval of CUP NO. 2090, to expire August 27, 1998,
(PC97-115) (7 yes votes).
Negative Declaration previously approved.
14
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING SEPTEMBER 9, 1997
B3. 179: CONDITIONAL USE PERMIT NO. 3944 AND NEGATIVE DECLARATION:
OWNER: WILHELMINA P. KEELE TRUST, CHARLES B. KEELE TRUSTEE, 27351 Avenue
196, Strathmore, CA 93267
AGENT: BRAD MILES, 10791 Los Alamitos Boulevard, Los Alamitos, CA 90720
LOCATION: 718 West Lincoln Avenue. Property is 0.32 acre located at the southeast comer of
Lincoln Avenue and Citron Street.
To retain an automotive repair facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3944 GRANTED (PC97-116) (7 yes votes).
Approved Negative Declaration.
B4. 179: VARIANCE NO. 4307 CATEGORICALLY EXEMPT CLASS 11:
OWNER: WATT COMMERCIAL COMPANIES, INC., 2716 Ocean Park Boulevard, Suite 3040,
Santa Monica, CA 90405-5218
AGENT: SIGN METHODS, 1749 East 28th Street, Signal Hill, CA 90806
LOCATION: 5711-5799 East La Palma Avenue - Canyon Village Plaza. Property is 9.91 acres
located north and east of the northeast comer of La Palma Avenue and Imperial Highway.
Waiver of permitted freestanding signs and permitted type of sign (deleted) to construct two (2)
freestanding pole signs.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4307 DENIED (PC97-117) (5 yes votes, 1 no vote, and 1 abstained).
An appeal of the Planning Commission's decision was submitted by the Agent, Sign Methods, Dane
Cardone,President, in letter dated August 19, 1997 and, therefore, a Public Hearing scheduled for
September 23, 1997.
B5. 179: RECLASSIFICATION NO. 97-98-02 AND NEGATIVE DECLARATION:
OWNER: MARK MC QUITTY, JAMES T. RAEDER, 608 East Broadway, Anaheim, CA 92805
LOCATION: 602 East Broadway and 308 South Kroeger Street. Property is 0.22 acre located
at the southeast comer of Broadway and Kroeger Street (602 East Broadway and 308 South
Kroeger Street).
Request for reclassification from the RM -1200 (Residential, Multiple -Family) Zone to the ML
(Limited, Industrial) Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 97-98-02 GRANTED (PC97-119) (7 yes votes).
Approved Negative Declaration.
B6. 179: CONDITIONAL USE PERMIT NO. 3693 AND NEGATIVE DECLARATION:
OWNER: MARGARET ANN MITTMAN AND PAUL MITTMAN,
14501 Phillip Lane, Sonora, CA 95370
AGENT: CALVARY CHAPEL OPEN DOOR, Attn: Roger Stahlhut,
621 South Clementine, Anaheim, CA 92805
LOCATION: 1011 North Harbor Boulevard - Calvary Chapel Open Door. Property is 0.75 acre
located on the west side of Harbor Boulevard, 250 feet north of the centerline of La Palma
Avenue.
To amend or delete a condition of approval pertaining to a time limitation to retain a church.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved amendment to conditions of approval of CUP NO. 3693, to expire June 27, 2000,
(PC97-120) (7 yes votes).
Negative Declaration previously approved.
15
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING SEPTEMBER 9, 1997
REPORT AND RECOMMENDATION ITEMS:
B7. 179: CEQA EXEMPTION SECTION 15061(b)(3) - CODE AMENDMENT NO. 97-10 -
PROPOSAL TO AMEND PORTIONS OF TITLE 18 RELATING TO OUTDOOR
ADVERTISING: Staff initiated proposal to amend various sections of Chapter 18.05 of the
Anaheim Municipal Code relating to outdoor advertising provisions.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption of the draft ordinance with revisions to the City Council. (See item
A35.)
B8. 179: CONDITIONAL USE PERMIT NO. 3953, AND NEGATIVE DECLARATION - REQUEST
REVIEW AND APPROVAL OF FINAL LANDSCAPE PLANS: Ware & Malcomb Architects,
Inc., Attn: Ken Wink, 18002 Cowan, Irvine, CA 92614, request review and approval of
landscape plans for previously -approved industrially -related office uses within an existing
394,629 square -foot former corporate complex. Property is located at 2411 West La Palma
Avenue - CalComp.
ACTION TAKEN BY THE PLANNING COMMISSION: •
Approved final landscape plans for CUP NO. 3953.
Negative Declaration previously approved.
B9. 155: CEQA EXEMPTION - SECTION 15061(b)(3) - SPECIFIC PLAN ADJUSTMENT NO. 1 TO
AMEND THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 ZONING AND
DEVELOPMENT STANDARDS (CHAPTER 18.78): Planning Commission -initiated request for
a Specific Plan Adjustment to consider amendments to The Disneyland Resort Specific Plan No.
92-1 Zoning and Development Standards relating to standards addressing permitted
encroachments, screening requirements and height limitations. The Disneyland Resort Specific
Plan area encompasses approximately 490 acres located within the Anaheim Resort area and is
generally located adjacent to and southwest of the Santa Ana Freeway (1-5) between Ball Road
and Katella Avenue (with approximately 24.7 acres located south of Katella Avenue) and east of
Walnut Street.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved amendments and recommended that the City Council adopt an ordinance prepared by
the City Attorney's office incorporating the amendments.
ORDINANCE NO. 5613: (INTRODUCTION) Amending Ordinance No. 5378 as previously
amended relating to Specific Plan Adjustment No. 1 to the Disneyland Resort Specific Plan No.
92-1 (Chapter 18.78 of the Anaheim Municipal Code).
Mayor Daly offered Ordinance No. 5613 for first reading. Refer to Ordinance Book.
ORDINANCE NO. 5613: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING ORDINANCE NO. 5378 AS PREVIOUSLY AMENDED RELATING TO
SPECIFIC PLAN ADJUSTMENT NO. 1 TO THE DISNEYLAND RESORT SPECIFIC PLAN NO.
92-1 (CHAPTER 18.78 OF THE ANAHEIM MUNICIPAL CODE).
16
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING SEPTEMBER 9, 1997
B10. 179: CONDITIONAL USE PERMIT NO. 3868 - REQUEST FOR DETERMINATION OF
SUBSTANTIAL CONFORMANCE AND REVIEW AND APPROVAL OF FINAL LANDSCAPE
AND ELEVATION PLANS AND MITIGATED NEGATIVE DECLARATION (PREY. -APPROVED)
Alex Hernandez, The Olson Company, 3010 Old Ranch Parkway, Suite 400, Seal Beach, CA
90740-2750, requests review and approval of final landscape and elevation plans for a
previously -approved residential condominium complex. Property is located at 1925 West
Lincoln Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined to be in substantial conformance and approved final landscape and elevation plans.
END OF THE PLANNING COMMISSION ITEMS FROM AUGUST 18. 1997.
B11. 179: ORDINANCE NO. 5611 (ADOPTION) Amending Sections 18.03.090, 18.03.092,
18.03.093 and 18.12.080 of Chapters 18.03 and 18.12 respectively, of Title 18 of the Anaheim
is
Municipal Code relating to Zoning procedures (time extensions for unexercised uses and time
limitations). (Introduced at the meeting of August 19, 1997, Item B11.)
Council Member Tait. He declared a conflict on this item and will be abstaining from voting.
Mayor Daly offered Ordinance No. 5611 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 5611 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTIONS 18.03.090, 18.03.092, 18.03.093 AND 18.12.080 OF CHAPTERS 18.03 AND 18.12
RESPECTIVELY, OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING
PROCEDURES (TIME EXTENSIONS FOR UNEXERCISED USES AND TIME LIMITATIONS).
Roll Call Vote on Ordinance No. 5611 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. 5611 duly passed and adopted.
B12. 179: DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 97-07
CONDITIONAL US PERMIT NO. 3922:
OWNER: CARL N. & MARGARET M KARCHER
AGENT: ARCO PRODUCTS COMPANY
LOCATION: 1244 North Harbor Boulevard.
Determining whether to grant a rehearing concerning the denial of the Determination of Public
Convenience or Necessity No. 97-07 (by operation of law due to a tie vote) relating to a
proposed gasoline service station and convenience market to be located at 1244 North Harbor
Boulevard due to a possible misunderstanding of the applicable state law concerning the transfer
of off -sale beer and wine licenses.
17
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING SEPTEMBER 9, 1997
City Attorney White. This item was placed on the agenda by his office. After the Public Hearing on July
22, 1997, the applicant brought to his attention the City Council may have had the understanding, as
expressed during the discussion, that if the Public Convenience and Necessity (PCN) determination were
to be denied, which it was, that the applicant could still have obtained an ABC license merely by
purchasing one of the existing liquor licenses in the census tract and transferring it to this premises. That
is not the case because these premises are also in a high -crime area. Regardless of whether or not they
purchased one or more existing licenses, they still would not be able to obtain an ABC license without the
Council making a PCN finding. The Council approved the CUP and did not condition it on obtaining an
existing license but denied the PCN determination. He felt in fairness, it was important to put this on the
agenda to give the Council the opportunity if they so desired to schedule a rehearing on the PCN
determination and also relative to the CUP if they wish to place a condition pertaining to obtaining an
existing license. It needs to be made clear that this applicant could not obtain a liquor license without
Council making a PCN determination.
Mayor Daly. He is comfortable moving forward with another hearing. It seems it would be the only way
to accomplish what was the Council majority's desire.
MOTION. Council Member Zemel moved to grant a rehearing on Conditional Use Permit No. 3922 and •
determination of Public Convenience or Necessity No. 97-07. Council Member McCracken seconded the
motion. MOTION CARRIED.
City Attorney White. This needs to be readvertised and Public Hearing scheduled at a later date.
Mayor Daly asked if there was any way to expedite the scheduling of the hearing; City Clerk Sohl. The
Public Hearing will be advertised and scheduled as soon as possible but there will be at least a 14 -day
time span.
Mayor Daly. He asked if it would then be on the agenda two weeks from this evening or the next
available meeting; City Clerk Sohl. There is no meeting scheduled for September 30, 1997.
Mayor Daly. The Public Hearing will then be held either in two weeks or four weeks with the goal being
two weeks; Council Member Zemel. He noted there is a chance he will not be at the meeting of October
7, 1997.
(It was subsequently determined that the Public Hearing could be scheduled for Tuesday, September 23, •
1997).
AN ITEM FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 3,1997:
INFORMATION ONLY - APPEAL PERIOD ENDS SEPTEMBER 12,1997:
B13. 179: WAIVER OF CODE REQUIREMENT - CONDITIONAL USE PERMIT NO. 395.7—
TENTATIVE PARCEL MAP NO. 97-155 AND NEGATIVE DECLARATION:
OWNER: CH ANAHEIM, LTD., C/O CROWN REALTY & DEVELOPMENT, 20101 S.W. Birch
Street, #260, Newport Beach, CA 92660
AGENT: CROWN REALTY & DEVELOPMENT, ATTN: FRITZ HOWSER, 20101 S.W. Birch
Street, #260, Newport Beach, CA 92660
LOCATION: 2001 - 2221 East Katella Avenue and 1750 South State College Boulevard -
Stadium Crossings. Property is 11.9 acres located at the northeast comer of Katella Avenue
and State College Boulevard.
18
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING SEPTEMBER 9, 1997
Request to establish an 8 -lot commercial complex to construct a planned "mixed-use" center
(including a 140 -room hotel with accessory sales of alcoholic beverages for on -premises
consumption, a drive-through fast food restaurant, up to 4 semi -enclosed restaurants with sales
of alcoholic beverages for on -premises consumption, retail, office, bank, and a fitness center
with accessory sales of alcoholic beverages for on -premises consumption) and up to thirteen
(13) freestanding signs with waivers of (a) required lot frontage, (b) minimum landscape
setbacks, (c) minimum parking lot landscaping, (d) maximum aggregate area of signage in the
CO Zone, (e) minimum number of parking spaces, (f) minimum structural setbacks adjacent to
arterial highways and (g) minimum structural setbacks adjacent to an interior site boundary line.
ACTION TAKEN BY THE PLANNING COMMISSION:
Tentative Parcel Map No. 97-155 APPROVED (7 yes votes).
Approved Negative Declaration.
GRANTED CUP NO. 3957, IN PART (PC97-121) NOTE: CUP NO. 3957 HAS A 22 -DAY
APPEAL PERIOD TO EXPIRE SEPTEMBER 25, 1997.
Approved, in part, waiver of code requirement, waivers (b), (c), (d), (e) and (g) APPROVED, and
waivers (a) and (f) DENIED on the basis that they were deleted following public notification.
. Mayor Daly posed questions on this item for purposes of clarification relative to the need for the waiver
which were answered by the Zoning Administrator, Annika Santalahti.
•
C1. 000: APPLICATION FOR RELIEF FROM THE TRANSPORTATION IMPACT AND
IMPROVEMENT FEE FROM SPIEKER PROPERTIES:
To consider the application of Spieker Properties for the relief of the Transportation Impact and
Improvement fee established in Section 17.32.080 of the Anaheim Municipal Code for Stadium
Plaza Business Park.
City Clerk Sohl announced that Spieker Properties has requested a continuance of this item to October
21, 1997.
MOTION. Council Member Tait moved to continue Item C1. to October 21, 1997 at the request of the
applicant. Council Member Zemel seconded the motion. MOTION CARRIED.
D1. 179: CONTINUED AND READVERTISED PUBLIC HEARING - GENERAL PLAN
AMENDMENT NO. 346 AND NEGATIVE DECLARATION:
INITIATED BY: CITY OF ANAHEIM, PLANNING DEPARTMENT, 200 South Anaheim
Boulevard, Anaheim, CA 92805
LOCATION: 2131-2211 East La Palma Avenue. Property is 3.82 acres located 740 feet east of
the centerline of State College Boulevard.
City -initiated amendment to the Land Use Element of the General Plan to redesignate this
property from the existing General Commercial land use designation to the Medium Density
Residential land use designation, or a less intense designation.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended approval of GPA NO. 346, Exhibit A, to the City Council (PC97-81)
(6 yes votes, 1 absent).
Approved Negative Declaration.
Informational item at the meeting of July 15, 1997, Item B6.
City Council public hearing at the meeting of August 12, 1997, Item D4 and continued to today.
19
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING SEPTEMBER 9, 1997
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - July 31, 1997 and August 28, 1997.
Mailing to property owners within 300 feet - July 24, 1997 and August 28, 1997.
Posting of property - July 25, 1997 and August 22, 1997.
STAFF INPUT:
See staff report to the Planning Commission dated June 23, 1997.
Mayor Daly. He recounted that at the Public Hearing on August 12, 1997, they talked about the
possibility of a density less than medium density.
Joel Fick, Planning Director. At that meeting, the discussion revolved around a longer-term direction.
Consequently, staff prepared an Exhibit "B" which is low -medium density designation, not fully consistent
with the zoning, but more consistent than presently exists. Staff would recommend Exhibit "B".
Mayor Daly. Exhibit "B' will designate the General Plan as low-to-medium density residential. He feels •
this is a good recommendation by Planning staff. He thereupon opened the Public Hearing and asked to
hear from anyone who wished to speak.
Joseph Ortiz, Summerhill Village Apartments. They oppose the change. They bought the property
seven years ago and have improved it. He does not feel that there should be a change after the fact and
after all the requirements were met. He feels this will affect their property value. They have 92 units in
the area under RM1200. If they change it to low density and something catastrophic were to occur on
the property, they would be required to meet height requirements again which should not be their burden
because the City approved it initially.
Joel Fick then clarified for Council Member Tait why the City initiated the General Plan Amendment in
the first place and then clarified a comment that was made by Mr. Ortiz. Since the underlying zoning is
RM1200, it would not affect the ability to rebuild should there be a catastrophe. Considering the General
Plan designation, the frontage portion is presently designated for commercial so there is a strong
inconsistency even from the present use. He reiterated it would not affect the ability to rebuild but would
provide long-term direction and guidance for the underlying density of the property.
Joseph Ortiz. In talking to the Planning Department, he was told they would have to apply to build the •
same number of units but because of the height requirement, they would have to apply again. If it will be
status quo and not affect the rebuilding, he has no objection to the recommendation; otherwise, it would
be unfair.
City Attomey White. He confirmed it is the zoning that determines what can be built on the property.
The General Plan is just what it indicates -- it is a general guideline for future development decisions. As
long as the zone remains the same, the property can be built and rebuilt in conformance with the zoning
regardless of the General Plan designation. The General Plan is for a long-term projection. If someone
wanted to rezone, they could have an idea of what the overall guideline should be for future rezoning
actions. There is no intent to rezone but merely to change the General Plan and future building or
rebuilding would occur in accordance with what the zoning is.
Joseph Ortiz. If that is the case, that is fine. It is contrary to what he heard today and that is why he is
here tonight.
20
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING SEPTEMBER 9, 1997
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Mayor Daly,
seconded by Council Member Zemel, 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.
Mayor Daly offered Resolution No. 97R-162 for adoption. Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN
AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN
DESIGNATED AS AMENDMENT NO. 346, EXIHIBIT "B'.
Roll Call Vote on Resolution No. 97R-162 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. 97R-162 duly passed and adopted.
D2. 179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENTS, CONDITIONAL USE
PERMIT NO. 3932 AND NEGATIVE DECLARATION:
OWNER: ATLANTIC RICHFIELD COMPANY, Attn: Paul Loubet, P.O. Box 2485, Los Angeles,
CA 90051-0485
AGENT: RHL DESIGN GROUP, Attn: Monica Maa or Tom Riggle, 1201 South Beach
Boulevard, #207, La Habra, CA 90631-6366
LOCATION: 1201 South Brookhurst Street - Arco Service Station. Property is 0.60 acre located
on the southwest comer of Brookhurst Street and Ball Road.
To permit a service station (the existing service station to be demolished) to include a
convenience market with retail sales of beer and wine for off -premises consumption with waivers
of minimum structural setback adjacent to residential zone boundaries and minimum retail sales
floor area.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3932 GRANTED, IN PART, without the alcohol sales (PC97-91) (7 yes votes)
Denied waiver of code requirements.
Approved Negative Declaration.
HEARING SET ON: An appeal of the Planning Commission's decision was submitted by the applicant
Thomas Riggle, RHL Design Group Inc., 1201 S. Beach Blvd., Suite 207, La Habra, Ca. 90631-6366, in
letter dated July 28, 1997 and public hearing is scheduled before the Council this date. Informational
item at the meeting of August 12, 1997, Item B3.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - August 28, 1997.
Mailing to property owners within 300 feet - August 28, 1997.
Posting of property - August 22, 1997.
21
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING SEPTEMBER 9, 1997
STAFF INPUT:
See staff report to the Planning Commission dated May 12, 1997.
Council Member Tait. He will be abstaining from discussion and voting on this item due to a conflict. He
temporarily left the Council Chamber.
Greg Hastings, Zoning Division Manager. He briefed staff report to the Planning Comission relating to
the project. He noted that the Commission denied the request to sell beer and wine. Opposition was
received from the owner of the service station on the southeast comer. Staff also received a letter of
opposition from the Magnolia School District and Redevelopment Agency staff. Signage was reviewed
and approved by the Commission with the exception that the existing 27' high sign would be replaced by
a maximum 8' high monument sign. The issue before the Council tonight is the sale of beer and wine.
Staff is available to answer questions.
Mayor Daly. The owner of the vacant service station on the southeast comer is opposing beer and wine
on the southwest comer. He would like to know when that CUP was granted.
Greg Hastings then confirmed for Council Member Lopez that the southwest comer where the project is
proposed is in a different reporting district and census tract. The Police Department did not have a
problem because it has a lower -than -average crime rate (see Police Department report of March 25,
1997) as well as lower than the number of permitted licenses. They did indicate the majority of the
property is in the County and those figures are not included in the report.
Mayor Daly opened the Public Hearing and asked to hear from the applicant or applicant's agent.
Applicant's Statement: Paul Loubet, ARCO, 4 Center Pointe Drive, LaPalma, CA. They are appealing
the Planning Commission's decision in allowing the sale of beer and wine. ARCO intends to make the
comer better than it was. It will bring in more jobs and more revenue to the City. It is not in a high -crime
area and does not have an overconcentration of licenses for alcohol so there is no need for a Public
Convenience and Necessity (PCN) determination. The Planning Commission denied the project simply
because beer and wine sales would be provided at a gas station. The Business and Professions Code
precludes the City from enacting an ordinance where beer and wine license would otherwise be
appropriate which it would seem to be in this case. There is no reason not to approve the CUP with beer
and wine. They respectfully request that the CUP including off -sale beer and wine be approved including
the standard 12 conditions for off -sale beer and wine originally placed on the project.
Mayor Daly asked to hear from those who wished to speak either in favor or in opposition. •
Public Discussion - In Favor: None
Public Discussion - In Opposition: Mr. Josef Ibraham. He was present last November when they denied
the beer and wine for the Mobil station. He is the owner of the shopping center behind the Mobil station
on the southeast corner of Brookhurst and Ball. He opposed the beer and wine for Mobil which was
denied. He is present to do the same thing today, oppose beer and wine for ARCO but he welcomes the
building of a new beautiful station on the southwest corner. The area is rough in general. With due
respect to the Police Department, they say that the crime rate is higher on the southeast comer because
they have all the information available to them. The southwest comer is in the County and he does not
think they have all the data available. He cannot believe they say it is not safe to be on the southeast
comer but safe to be on the southwest corner. He feels there are too many beer and wine licenses in the
area at Albertsons, Ralphs, 7-10 Liquor and other locations in the vicinity from 1/2 to approximately
1 1/2 miles away. He hopes the Council will deny the beer and wine as they did for Mobil. If not, Mobil
will come back in and apply again.
There were no further persons who wished to speak.
22
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING SEPTEMBER 9, 1997
Council Member Zemel noted that the applicant referred to the memorandum from the Police
Department recommending approval of the CUP but with 12 strict conditions relating to the beer and
wine sales which represent 30% of the conditions imposed. He asked if the project could go forward with
these conditions.
Paul Loubet. They are 12 standard conditions which they agree to. They have seen these restrictions by
the Police Department before and can live with them. One clarification relative to the census tract, it has
only one license in the entire tract they fall in and the reporting data for the crime statistics is that they
fall below those statistics.
City Attorney White then explained for the Mayor the prerogatives the City has in this matter. If this were
in a high crime area as determined by statistics in the census tract, a determination of PCN would be
necessary for the applicant to obtain a liquor license. The other is zoning -- a CUP is required for
alcoholic beverage sales. There is nothing in the criteria which he outlined that would provide that this
permit would have to be either granted or denied simply on the basis of whether or not it is in a high -
crime rate area or whether or not any of those factors that would be considered in a PCN hearing are
present. The zoning aspect has to be kept separate. He believes the Council has jurisdiction to make
that decision. It would be inappropriate to simply say they are going to deny this because it is part of the
40 gas station.
Mayor Daly closed the Public Hearing.
Council Member Zemel. He stated that the time has expired on the Mobil station project. Nothing was
built because they were denied beer and wine and it was not a competitive opportunity for them. That is
why it remains a blighted area. On undeveloped property, the owner should not be held responsible for
existing social ills. Instead, they should be eliminating some regulations and being more responsive to
developer needs in order to encourage investment in these properties. This is a very safe opportunity
and a responsible business venture. He is prepared to go forward on this proposal.
Mayor Daly. He heard the property owner mention that the Mobil station across the street does intend to
proceed but Council Member Zemel is saying they are not going to proceed; Council Member Zemel. He
spoke to Mobil himself and also to Joel Fick. He believes the time frame expired last month so they
cannot go forward without going through the whole process again. He believes it was deliberate on the
part of Mobil.
Joel Fick. Relative to the expiration issue, they did research that. CUP 3841 actually did expire on
August 20, 1997, the service station at the southeast comer. They would need to request a retroactive
extension of time should they wish to proceed.
Council Member Lopez. There are a lot of residents living in that area who do not want any additional
beer and wine licenses. On the other hand, they want to see Brookhurst developed. They have denied a
CUP on the southwest comer and this is on the other comer. The comer itself is in Anaheim but the rest
of the census tract is in the County. He would like to know what the crime rate is in the County section.
City Attorney White. He assumes the County keeps statistics and that the Police Department could
obtain that information. They do not have it tonight but it should be available from the County. He will
convey the request to the City Manager.
Paul Loubet. One of the first things he did was to visit the Alcoholic Beverage Control in Santa Ana to
get crime statistics from them. He has an original of the document he obtained which he would be glad
to provide. That is all the data the ABC has on crime in that area. He would assume it covers the entire
census tract but he does not know for sure.
23
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING SEPTEMBER 9, 1997
Joel Fick. His understanding is that the information does not include the County area and believes it is
not included within the Police Department recommendation.
Mayor Daly then posed additional questions which were answered by the City Attorney relative to the
possibility of requiring the applicant to purchase an existing beer and wine license within a certain
perimeter of the property; Council Member Lopez was still curious to know what the crime rate is in the
County area.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion Mayor Daly, seconded
by Council Member Zemel, 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
Tait was temporarily absent (abstained) MOTION CARRIED.
Mayor Daly offered Resolution No. 97R-163 for adoption. Refer to Resolution Book, 0
RESOLUTION NO. 97R-163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3932.
Roll Call Vote on Resolution No. 97R-163 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Zemel, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
TEMP. ABSENT: MAYOR/COUNCIL MEMBERS: Tait (abstained)
The Mayor declared Resolution No. 97R-163 duly passed and adopted.
D3. 155: PUBLIC HEARING - MODIFICATION OF MITIGATION MONITORING PROGRAM NO. •
0079 AMENDMENT NO. 1 TO THE HOTEL CIRCLE SPECIFIC PLAN NO. 93-1. (ZONING
AND DEVELOPMENT STANDARDS) AMENDMENT OF CONDITION NO. 7 OF ORDINANCE
NO 5443 AND MITIGATED NEGATIVE DECLARATION (PREY. APPROVED)
OWNER: KASH PARTNERSHIP, Bhikhubhai V. Patel & Pushpa Patel, Mayur B. & Kalpana M.
Patel, TSB Crystal Partnership, 650 Town Center Drive, Suite 1910, Costa Mesa, CA 92626
AGENT: ELFEND & ASSOCIATES, 610 Newport Center Drive, Suite 1290, Newport Beach,
CA 92660
LOCATION: Subject 5.95 -acre property is irregularly-shaped with frontages of approximately
246 feet on the east side of Clementine Street, 576 feet on the west side of Zeyn Street, 100 feet
on the east side of Zeyn Street, 100 feet on the west side of Anaheim Boulevard, and 254 feet
on the north side of Katella Avenue and further described as 1742 and 1754 South Clementine
Street; 1730, 1733, 1743 and 1755 S. Zeyn Street; 1733 South Anaheim Boulevard; and, 201
West Katella Avenue.
To consider the following proposal:
Amendment of the Hotel Circle Specific Plan No. 93-1 to modify zoning and development
standards relating to freestanding theme signage, wall signage, vacation ownership units and
parking.
24
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING SEPTEMBER 9, 1997
Modification of Mitigation Monitoring Program No. 0079 to delete two measures relating to
required installation of reclaimed water lines for landscape irrigation and installation of an 8 -foot
high construction barrier adjacent to construction areas.
Modification of Condition of Approval No. 7 of Ordinance No. 5443 to delete the requirement for
a sidewalk on both sides of Hotel Circle Drive (private drive).
ACTION TAKEN BY THE PLANNING COMMISSION:
Determine that the previously -approved Mitigated Negative Declaration (incorporating the
measures set forth in the Modified Mitigation Monitoring Program No. 0079) is adequate to serve
as the required environmental documentation for the proposed project actions.
Modified Mitigation Monitoring Program No. 0079, amending the mitigation measure
pertaining to construction barriers to provide flexibility for shorter fences (i.e., 6 feet versus 8
feet) and alternative fencing materials (i.e., chain link with scrim) when sound attenuation is not
at issue (i.e., along Katella Avenue and Zeyn Street). Further, retained the measure pertaining
to reclaimed water lines.
Recommended to the City Council partial approval of the requested amendments to the Hotel
Circle Specific Plan Zoning and Development Standards as follows:
(1) Approved the requested amendment relating to timing for conversion of existing hotel units to
vacation ownership units from five to eight years following the adoption of the Specific Plan (the
five year time frame would end in August of 1999 versus the eight year time frame which will end
40 in August of 2002);
(2) Approved the provision to permit hotel units and vacation ownership units on a permanent
basis within the same hotel building subject to the approval of a Conditional Use Permit (not
permitted by right as proposed by the applicant);
(3) Approved the requested amendment to provide for subterranean parking;
(4) Approved the provision to allow the consideration of theme signage subject to the approval of
a Conditional Use Permit (not permitted by right as proposed by the applicant); and,
(5) Denied the requested amendments relating to increases in wall signage and freestanding
monument signage.
VOTE: 6 yes votes. 1 no vote PC97-108
Recommend that the City Council deny the request to modify Condition of Approval No. 7 of
Ordinance No. 5443 pertaining to required pedestrian sidewalks/access.
VOTE: 7 yes votes PC97-109.
Informational item at the meeting of August 19, 1997, and public hearing scheduled to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - August 28, 1997.
Mailing to property owners within 300 feet - August 22, 1997.
Posting of property - August 22, 1997.
STAFF INPUT:
See staff report to the Planning Commission dated August 4, 1997.
Joel Fick, Planning Director. He briefed the staff report to the Planning Commission dated August 4,
1997 giving the details of the proposal. In doing so, he noted that the two areas where the applicant and
staff and the Planning Commission did not reach agreement involves allowing vaction ownership units by
right vs. through the CUP process and also allowing vacation ownership units and hotel units within the
same building on a permanent basis giving the reasons/justification for their recommendation against
that portion of the proposal. In concluding, as an aside, Mr. Fick stated, subsequent to the original staff
report to the Planning Commission, there was clarification provided by the City Attorney's office that the
financial arrangement does apply to any vacation ownership units which might be developed in the future
within the Hotel Circle Specific Plan Area. In summary, staff supports the Planning Commission
recommendation to the City Council and would be happy to respond to any questions.
W
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING SEPTEMBER 9, 1997
Mayor Daly. To clarify and summarize, the Planning staff is recommending the package as approved by
the Planning Commission although there are one or two points of contention with the developer. He then
opened the Public Hearing and asked first to hear from the applicant or applicant's agent.
Frank Elfend, Elfend & Associates, 610 Newport Center Drive, Newport Beach. He is speaking on behalf
of the Patels and Tarsadia Hotels. Also present is Mr. Morinello, General Counsel to Tarsadia and
Maurice Robinson of Peat Marwick (KPMG). He then provided the Council with an overview of their
request and history of the subject property. Mr. Patel had asked for more flexibility in the planning
process to encourage development. In particular, he asked about three areas: (1) conditions of approval
could there be some modification, (2) signage — some clarification and releif on signage and, (3) on time
shares. The reason for the change on time shares is because, obtaining a CUP is a very timely process
with much uncertainty involved and it affects his financing program.
Mr. Elfend continued stating that they brought over ten items to the City. Regarding signage, they
requested some changes in the wall signage provision as well as in the freestanding monument signs.
After discussions with staff and further clarification, they agreed to withdraw those. One area they were
able to come to terms with staff was regarding theme signage. They have agreed a CUP would be
required for a sign since it would be difficult for the City to approve a sign without seeing it. They also
talked about vacation ownership resort projects as it related to the primary issue -- to have either a time
share or a hotel. They also discussed a need to have a concurrent use — a hotel and time share together
on a permanent basis. Staff indicated that they would permit concurrent usage on a permanent basis
subject to a CUP. That condition is acceptable to their client so that is now no longer an issue. They
spoke about subterranean parking and resolved that. They talked about the need for sidewalks on Hotel
Circle Drive and they agreed on that. There is a condition already in place which allows them to go to
the City Engineer and resolve that through an alternative pedestrian access study. Relative to the
mitigation monitoring measures regarding reclaimed water, they clarified that and withdrew their request.
The last item was regarding construction barriers. They asked staff for clarification and staff provided it
and they have accepted that. All of the measures they brought to the City were able to be resolved but
one, and that is the most important.
The Planning Commission approved the items he just mentioned (above) with the exception of the right
to be able to build either hotels or time shares in terms of the remaining component of the project. One
of the concerns staff had was that they felt a CUP was appropriate for any other time shares above and
beyond those already approved because of the fiscal concern, the concern there was not an agreement
for taxing mechanisms for a conversion. He has spoken to City Attorney White who has agreed based
on the memorandum he submitted to the Council several years ago that the agreement regarding taxing
time shares is in place for the entire project whether built by right or through a CUP. It is no longer an
issue but in staffs report it takes up one half of the argument. They also had discussions with the
Finance Director in the same regard to clarify it is not an issue. The reason why they are present tonight
is to ask that they allow them to build out the remainder of the units either as time shares or hotels. It
does not guarantee the remainder of the units will be built as time shares. Mr. Fick tonight indicated that
he had some concerns regarding the informational needs that the City would obtain through a CUP
process. Their Specific Plan and the development standards contained therein provide that information.
It is not something the City did not get. If a CUP was required, the same information is typicallly
provided in the area of management, maintenance, description of the use, typical floor plans, etc.
To clarify another point raised by staff, when something is approved as a primary use within the City
within the Specific Plan, it still comes before the Planning Commission and City Council as a report and
recommendation item. Time shares are an extremely popular segment of the market community. He
described the typical time share owner. Time shares and hotels are not competing uses, but
complementary uses. A completely different type of individual stays at time shares than a hotel. Time
shares have higher occupancy. Tenants stay longer and spend much more money. They are asking the
City to allow them to build the remainder of the units in the project as time shares. That is their request
and the only issue that exists.
26
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING SEPTEMBER 9, 1997
Mayor Daly asked to hear from anyone who wished to speak either in support or in opposition; there was
no response.
Summation by Applicant:
Frank Elfend. Just to clarify, they want the right to be able to build the remainder of the property as time
share units which is not a competing use with hotels.
Mayor Daly closed the Public Hearing.
Joel Fick. He confirmed for Council Member Zemel that staff believes these items should be reviewed
under a CUP and it is that simple. Hotels could be built as a matter of right, but time shares should be by
CUP.
Council Member Zemel. It seems they are talking about the same number of rooms whether they are
called time shares or hotels. It is up to the property owner as long as finances are squared away.
Otherwise, they ought to let the developer decide how he wants to build. He does not see this as an
issue. He feels it is great that Anaheim has the potentiality of opening up to the time share market. It is
• a good thing and he is prepared to support it.
Council Member McCracken. Constructing time shares from scratch is new for Anaheim. She asked if
the issue is the fact that the City does not have guidelines and codes for constructing facilities that are
time shares. She does not see the question here. Somewhere along the line, they are going to have to
make a decision about properties that want to be time shares. She asked what is the conflict.
Joel Fick. It is one of a physical nature and character of the development. The Specific Plan does have
guidelines of items that they believe are important to consider which were developed with the City
Attorney's Office, Finance and the Planning Department. There is a long list of items to consider when
either conversions or new construction is proposed. The character of tenants are different. Some of the
testimony on the applicant's behalf at the Planning Commission meeting is the average party size is
eight people in units. That is very different from the number of people staying at a hotel room. The
parking demand requirements may be different. The bedroom size and number of bedrooms proposed
should be examined. It is not that the City is opposed in any way. Vacation ownership is an important
part of the resort aspect but staff believes they should be reviewed at a Public Hearing.
Mayor Daly. The Planning Commission was willing to make modifications to the signage and sidewalk
requirements and other details but not the overall concept of the mix of hotel rooms vs. time shares
keeping in mind this project is allowed to have a substantial number of time share units. Staff makes a
good case. They need to be careful about allowing additional time shares without the appropriate review
and Public Hearing process. This will also be a good way to test the comparison between hotels and
time shares. This project has the ability to build a substantial number of time share units.
Council Member Tait. He asked if someone was present who is an expert on time shares to confirm the
average number of persons staying at time share units is eight.
Joel Fick. Testimony at the Planning Commission meeting was from Lisa Levitt, KPMG. Part of that
testimony included that the demographics in many of them are positive for the tourism industry and that
the average party size was eight per unit.
Maurice Robinson, Partner, KPMG. Some of the statistics are wrong. Reading from a study of the
economic impact study of time shares conducted nationally, " ... the average party size for time shares
across the country is actually 3.8" mom, dad and 1.8 kids. He does not know of any that are eight. He
continued with statistics that 1.7 million households in the country that on time shares, average
household income, $71,000 annually, are well educated with 64% of the households that own time
4A
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING SEPTEMBER 9, 1997
shares having at least a Bachelor's Degree, 85% are married couples with a couple of kids. They have
done studies that show time shares co -exist very well with hotels. He clarified that the average stay in
time shares is seven days.
Mr. Elfend, responding to a comment made by the Mayor explained the reason why they additionally
asked for the number of time shares they did was the one remaining issue — the fiscal equivalency.
Since that issue is now resolved, there is no reason to allow them to build either/or. The major issue the
City was concerned about on time shares was the Transient Occupancy Tax (TOT) and there are very
detailed standards they have to comply with. It is not a development standards issue at all. He later
explained that the City would receive an additional benefit because they would be getting $35 in addition
to the 15% TOT and that is why they should want to encourage time shares in the City.
Mayor Daly then posed questions additional questions for purposes of clarification relative to staffs
recommendation which were answered by the Planning Director.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: On motion by Council Member Zemel
seconded by Council Member Tait the City Council finds that the Negative Delcaration previously •
approved in connection with this project is adequate to serve as the required environmental
documentation, that it has considered the previously approved Negative Declaration together with any
comments and evidence received during the public review process and that there are no additional
impacts in connection with the subject action. MOTION CARRIED.
MOTION: Council Member Zemel moved to approved the modification of mitigation minotoring program
No. 0079, seconded by Council Member Tait. MOTION CARRIED.
Council Member Zemel offered Resolution No. 97R-164 for adoption approving amendment No. 1 to the
Hotel Circle Specific Plan No. 93-1 (Zoning and Development Standards) including allowing by right that
all rooms could be time shares if the developer so chooses. A-
9 -/ y 7 /lake, 9 7,2-/ 6 y
A RESOLUTION NO. 97R-' 64: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AMENDMENT NO. 1 TO THE SPECIFIC PLAN NO. 93-1, HOTEL
CIRCLE (ZONING AND DEVELOPMENT STANDARDS)
Before a vote was taken, Mayor Daly, speaking against the resolution stated that not enough detail has •
been provided to Planning staff. There is a distinction in development standards between typical hotel
rooms and the unknown aspects of some of the time share layout. He feels that staff makes a good
case.
Council Member Tait. He is going to vote in favor. If there are distinctions, he does not know what they
are — 3.8 people seems to be general to a hotel room as well as a time share. It does not seem,
whether a hotel or time share, there is much difference except for the length of stay, and increasing the
length of stay is something they want to encourage. He is going to vote in favor.
After additional questions posed to the Planning Director by Mayor Daly, a vote was taken on the
foregoing resolution.
Roll Call Vote on Resolution No. 97R-164 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Lopez•
NOES: MAYOR/COUNCIL MEMBERS: McCracken, Daly
ABSENT: MAYOR/COUNCIL MEMBERS: None W.„r ./��r
" Vtv'�- �74-19-7 ( I W14)II
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING SEPTEMBER 9, 1997
The Mayor declared Resolution No. 97R-164 duly passed and adopted.
Council Member Zemel offered Ordinance No. 5614 for first reading.
ORDINANCE NO. 5614: (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM AMENDING CONDITION N0. 7 OF ORDINANCE NO. 5443,
RELATING TO SPECIFIC PLAN 93-1 HOTEL CIRCLE
C3. REPORT ON CLOSED SESSION ACTIONS:
City Attorney Jack White stated that there are no actions to report.
C4. 114: COUNCIL COMMENTS:
Council Member Zemel. He would like a progress report on the possibility of renaming the Anaheim
Convention Center for the purpose of generating income for the City. Discussions had taken place about
this issue and he would like to know the procedure in process and the status of renaming it for a sponsor,
i.e., American Express Convention Center, or the like.
City Manager Ruth. There has been progress on the issue and hopefully they will be coming forward
shortly on the outcome.
Council Member Zemel. Relative to the Convention Center, he feels it could be used for more
community activity such as high school basketball games. He would like to get feedback on the concept.
Mayor Daly. The use of the Convention Center including the original arena has been used in the past for
community activities -- high school basketball games, graduations, etc. He has talked to the City
Manager about this a few times and the Council should get a progress report on that matter.
Council Member Zemel. He is curious as to what is going on with Sportstown and would like a report on
the status.
City Manager Ruth. Staff will be coming forward in October with a proposed MOU for Council
consideration.
t• t w r w��: ,t :: ** r• w r y r
Council Member Zemel. He asked to agendize for discussion at the September 16, 1997 Council
Meeting consideration of possible appointment of an independent counsel to review the constitutionality
of the City's campaign reform laws and potential violations. He has personal feelings regarding the
matter which he will hold until next week. They have put the City Attorney in an uncomfortable position
and that is why they should find a better way to handle such matters.
29
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING SEPTEMBER 9, 1997
Council Member McCracken. She has a comment from Shirley Grindle, an activist in the community,
regarding the recent newspaper articles regarding campaign reform. She (Grindle) feels the community
needs to know the Register questioned her but the article failed to include her comments, especially
noting that Ms. Grindle was the one who filed the formal complaint with the Anaheim City Attorney with
regard to Mr. Brady and Mr. Sheldon. She (Grindle) is also aware that they have a complicated issue on
some of the other expenditures that are going on and that Proposition 208, which is in the courts right
now, may answer some of the constitutionality questions. Perhaps Anaheim's issue will be resolved
when there is a court ruling on Proposition 208.
ADJOURNMENT: By general Council consent, the Council Meeting of September 9, 1997 was
adjourned. (8:48 P.M.)
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LEONORA N. SOHL
CITY CLERK
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