1996/04/23CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES
APRIL 23, 1996
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Tom Tait, Bob Zemel, Lou Lopez, Tom Daly
COUNCIL MEMBERS: Feldhaus
CITY MANAGER: No James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson
DEPUTY CITY ENGINEER: Russell Maguire
ZONING ADMINISTRATOR: Annika Santalahti
ZONING DIVISION MANAGER: Greg Hastings
SERGEANT, VICE DETAIL: Steve Walker
PLANNING DIRECTOR: Joel Fick
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 10:23 a.m. on April
19, 1996 at the Civic Center kiosk, containing all items as shown herein.
Mayor Daly called the Workshop portion of the meeting of April 23, 1996 to order and welcomed those in
attendance (3:11 P.M.). He noted that Council Member Feldhaus will not be present today and had indicated
some time ago he would be unable to attend this meeting.
City Manager, James Ruth. This is an update on the Convention Center Master Plan. He introduced Greg
Smith, General Manager, Anaheim Convention Center and Stadium who will introduce the amhitects.
124: CONVENTION CENTER MASTER PLANNING UPDATE NO. 2: Greg Smith, General Manager,
Anaheim Convention Center and Stadium. He first gave a brief history on what has transpired relative to the
Converflion Center Master Planning, how it was initiated, what has taken place, the financial implications, beth
negaitve and posilNe of not going forward or proceeding with the plan, etc. The presentation today will give an
update on the master planning and conceptual design process. Phase I is the minimum space increase as
recommended by the Coopers & Lybrand report. (See minutes of 2/6/96 - Amhitect's Presentation on
Convention Center Enhancement and Expansion - the first Workshop on the Convention Center Master Plan.)
Balance of the additional phases will progress through the next 20 - 30 years. He then introduced the
representatives from the firm of Hellmuth, Obata & Kassabaum (HOK) who were present to give the update,
Mr. John Connally, Project Director and Mr. Steve Brubaker, Principal Design Architect.
Steve Brubaker, Principal Design Architect, HOK. His presentation today will first update the Master Plan,
respond to some of the issues brought forth by the Council at the last Workshop, and subsequently to have a
discussion about the beginnings of the way Phase I might look. Working from posted plans/graphs as well as
a detailod scale model of the Convention Center, Mr. Brubaker gave an extensive presentation on the updated
Master Plan including some modifications that had been made. The phasing sequence of the facility was
modified both in terms of initial construction phasing of Phase I and the long-term phasing as financial packages
become available. Phase I has been reduced to three phases in order to accommodate operational
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CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES APRIL 1996
needs which he explained. New developments being proposed are not only hanging gardens, but also a major
central focal point within the facility at the right scale as it faces Katella, Disneyland, etc. All phases are geared
to the economic feasibility study. (During his presentation, questions were posed by Council Members which
were answered by Mr. Brubaker as they were asked). He then addressed the issue broached last time relative
to the treatment along Katella and the viewscape from that street and also the people mover issue which he
indicated they are still researching.
Working from the scale model, Phase I is beginning what they call the east wing as opposed to the north wing.
On the east wing are the exhibit halls at grade, the new podJons that would be added, and the registration and
concoume aroa which is the fimt floor. The lower floor is Hall E where they will introduce meeting rooms in front
of Hall E to reduce its dimensional requirements so that it becomes a stand-alone facility. The hall extension
does happen and is in the first component in Phase I. It is also beginning to show ideas about a garden and
a planting plan which begins to address the front on Katella during Phase I construction.
Mr. Brubaker also explained how the facility might look and feel, once again working from the model, from
which he described some of the things that are planned. In concluding his presentation, he stated they are
interested in comments from the Council.
Mayor Daly. A quick summary of Phase I as he understands it is the south hall extension, the hall east wing
extension including the second and third floor meeting rooms and the first floor registration area, the spire
element, the gardens, the new front landscaping and the new signage location.
Mr. Brubaker stated that the Mayor had basically covered everything. The only other thing in talking about the
east wing, the Mayor mentioned it primarily related to meeting rooms, but there is a whole room of exhibit hall
extension as well.
Greg Smith. He acknowledged the excellent job that has been done by HOK and also acknowledged the active
staff design team involved including Mr. Ahlers of the visitor and Convention Bureau, Director of Marketing, Jim
Kissinger, and the Consultant to the City, Tom Leigler. The estimate of the construction costs for Phase I have
been prepared by Turner Construction. It has fluctuated significantly as the planning process has progressed
but is now becoming more firm. The cost estimate for Phase I amounts to $153,500,000. The actual
construction costs will be part of the public bid and that number will not be known until they bid the process.
Currently $55 million is available from the most recent 2% increase in TOT (Transient Occupancy Tax). The
City Manager and his staff have reviewed opportun~ies of financing the additional funding needed of $98 million.
They have met on numerous occassions including meetings with the hotel industry but are not yet prepared to
recommend a funding source for the unfunded costs. They are committed to seeing the project through to its
completion. Present today is Mr. Charles Ahlers, President of the Anaheim/Orange County Visitor and
Convention Bureau.
Mr. Charles Ahlers, President, Anaheim/Orange County Visitor and Convention Bureau. They are very happy
with the design proposed and have made some tremendous reduclJons. He emphasized it is time to implement
the plan; there is an urgency to do so. Anaheim is not the magnet it was 5 to 10 years ago in the convention
business. They have been put on notice by 91 groups that beginning in 1999 through 2007, they are going to
"cut and run' and will be in San Diego, San Francisco and Las Vegas if something is not done soon. The
economic impact is far greater than what Mr. Smith shared. Just the direct revenue from the 91 groups on
TOT, retail, parking and food and beverages amounts to $60,877,000 that the City will not enjoy if they do not
do something to expand the Convention Center. The economic impact to the area (Anaheim/Orange County)
is one billion, two-hundred thousand dollars. They ars threatening, sending letters, and puffing them on notice.
The proposed project is one they are very comfortable with. He knows there is an economic shortfall which
does not seem to be insurmountable. The industry has stepped up and taxed itself several times in the past.
He is present to encourage moving fonvard. He confirmed for the Mayor that having met with HOK, they believe
all the elements in Phase I are timely and necessary. It will keep them in the ball game, not their entire future,
but for the next seven to nine years. The complete Master Plan is for the next 25 years.
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CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES APRIL 23, 1996
Mr. Brubeker then answered questions posed by Council Members wherein he stated that the target for finishing
Phase I is approximately January of 2001. Relative to the present arena structure which may be removed in
15 years, he feels the building is something that is considered special to the community more than will be
judged amhitecturally significant.
Subsequently, Council Member Tait noted that Mr. Smith had mentioned that at a later date, funding options
will be discussed relafive to the $100 million gap. He asked if it was premature to ask what those options are
or would that be addressed in a later Workshop.
Greg Smith. They are about 1 1/2 months away from concluding the bids of the Master Plan. This will be the
last workshop before the final presentation on the recommended plan. They are attempting to schedule that
for June 21, 1996. At that point, they will have better identified some options that are presently uncertain. He
does not want to address those until they have had more time to research and study the options. They are
encouraged there are some options and not just existing funding. He would prefer to wait until the final
presentation in June and at that time open up the opportunities for funding.
Council Member Zemel. It concerns him to think that $10 million of the $100 million is going to another
transaction. He asked if there will be money coming forward that was not anticipated from the TOT.
Greg Smith. This year, TOT has performed very well. They are not sure if it is a spike or a trend. That is one
reason they do need more time to study the success of the TOT. There is a possibility there could be a more
significant increase in the TOT than previously though but are not prepared at this time to offer that as a
solution.
Council Member Zemel. He asked the City Manager if the Council is going to have an opportunity to re-
establish its peiicies and priorities with regard to TOT money and what it should go to; City Manager Ruth. That
is part of the Council's policy making decisions all of the time. There are certain major commitments the City
has made relative to TOT allocations so it would be difficult to back off on those. Some went to supporlJng
bends and pert went fo law enforcement. Major commitments ware made as to how the funding was allocated.
Council Member Zemel stated, speaking perhaps from a minority viewpoint, he feels they better start
earmarking TOT for this project or it is not going to get done.
Before the workshop was concluded, additional questions posed by Council Members relatJve to Toudsm
Development Zones as another source of revenue were addressed by Kdsfine Thalman, Intergovernmental
Relations Manager and Tom Wood, Deputy City Manager.
Mayor Daly. In closing the Workshop, he expressed appreciafion for the participation of the Visitor and
Convention industry nofing that many representafives ware in the audience today and thanked the architect and
staff for the informative presentation. Thus far, he believes the expansion is very well planned and feels has
a very exciting potential. They look forward to the final Master Plan report sometime in June. They will also
be tracking the Tourism Development Zone Bill and look forward to a report from the City Manager as to the
status of TOT funds and additional funding alternatives to fund Phase I.
REQUEST FOR CLOSED SESSION:
City Attorney Jack White requested a Closed Session noting first that there are no additions to Closed
Session items.
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CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES APRIL 23, 1996
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
Theft were no public comments relative to Closed Session items.
The following items ara to be considered at the Closed Session:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Proper[y: Juliette Low School
Negotiating parties: City of Anaheim, Magnolia School Distdct
Under negotiation: Price and terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: Anaheim Stadium
Negotiating padJes: City of Anaheim and Disney Baseball Enterprises, Inc.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9
(a) EXISTING LITIGATION:
Name of Case: In the matter of the Arbitration between the City of Anaheim and Walter Akalski, AAA
Case No. 73 E 390 000 31 95.
LIABILITY CLAIMS
Claimant: Marie Magargee
Agency claimed against: City of Anaheim
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9
(a) - EXISTING LITIGATION
Name of case: City of Anaheim, et al. v. City of Vernon, et al., Los Angeles Supedor Court Case No.
BC 104302.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9
(c) - ANTICIPATED LITIGATION
Number of potential cases: one.
CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator: Dave Hill
Employee Organization: AMEA
CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator: Dave Hill
Employee Organization: Hotel and Sewice Employees Local 399
Teamsters Union Local 952.
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES APRIL 23, 1996
RECESS:
Mayor Daly moved to recess into Closed Session.
MOTION CARRIED. (4:10 p.m.)
Council Member Lopez seconded the motion.
AFTER RECESS:
The Mayor called Ihe meeting to order, all Coundl Mambem being present, with the exeption of Council
Member Feldhaus and welcomed those in attendance to the Council meeting. (5:35 p.m.)
INVOCATION:
Mary Hibbard, Anaheim United Methodist Chumh, gave the invocation.
FLAG SALUTE:
Council Member Lou Lopez led the assembly in the Pledge of Allegiance to the Flag.
DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City
Council and presented to Hi Lavalle for his accomplishments ss Canyon High School Baseball Coach and upon
his retirement from that position.
Mr. Lavalle accepted the Declaration and recounted, at the request of the Mayor, some of the accomplishments
in his career as a baseball coach not only at Canyon High School, but also at other schools as well as the
playem he coached who made it to the big leagues in the past and those still active today.
Mayor Daly and Council Members commended Mr. Lavalle not only for his coaching ability, but also his
dedication and sen~ice to the community. They also wished him a very happy retirement.
DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City
Council and presented to the Powerful Pintails Ice Hockey Team for winning the Goals Cup Championship.
The Declaration was accepted by the entire team of youngstem.
Mr. Dave Wilk, Disney GOALS, first explained the Goals Program that brought the youngsters together as a
team noting that the members are all from the Jeffrey-Lynne Area and then how they subsequently triumphed
winning the Goals Cup Championship. He stated that the City should be very proud of the team's
accomplishment and the program in general.
Mayor Daly and Council Members congratulated and commended the team members and Mr. Wilk. The City
is indeed proud not only of the team's accomplishment, but their dedication, determination and hard work and
for the program that made it possible for them to padicipate.
119: PROCLAMATION: The following Proclamation was issued by Mayor Daly and Authorized by the City
Council.
Recognizing May 11, 1996, as Fire Service Day in Anaheim.
Rudy Weyland, Division Chief accepted the Proclamation.
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES APRIL '1996
119: RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
1. DECLARATION recognizing the Rotary Club of Anaheim on its 75th annivemary.
3.
4.
5.
PROCLAMATION recognizing May 5 - 11, 1996, as National Arson Awareness Week in
Anaheim.
PROCLAMATION recognizing May 19 - 25, 1996, as Emergency Medical Services Week in
Anaheim.
PROCLAMATION recognizing April 1996 as Earthquake Preparedness Month in Anaheim.
PROCLAMATION recognizing El Alario on his retirement from the Utilities Department.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,395,759.09 for the period ending April 19,
1996, in accordance with the 1995-96 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority
meeting. (5:59 p.m.)
Mayor Daly reconvened the City Council meeting. (6:01 p.m.)
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBUC INTEREST: Mrs. Hobart. She is speaking on behalf of the Senior Day Care Center. She
understands as of last Thursday, it is going to be closed in June at the end of the fiscal year. She is a volunteer
and works at the center five hours a week and has done so for almost two years. Prior to that, her husband
participated in the program at the center because he had Parkinson's disease. If they did not have the center
to turn to, she does not know what she would have done since she was the only care giver. She understands
it is a 'done deal" that there will be no more funds because at present there are only eight people in the
program and in order to keep it going, there needs to be at least 12 or 14 participants.
Mayor Daly. This subject has not yet been brought to the Council by staff. It sounds like it is something that
is dealt with in the annual budget process. He will ask the City Manager to investigate the details and bring a
report back to the Council on the status.
City Manager, James Ruth. This issue has come up each year for the last several years because of Iow
enrollment and the high cost of running the program, it is difficult for the City to justify the expenditure. They
have been working with the participants in the program to find some transitional programs and facilities that
could accommodate their needs. Notice was given now to help in the transition. W~h the very limited number
of participants, the program does not even come close to meeting the costs. Staff has worked diligently to find
other alternatives for the participants. He clarified for the Mayor that staff will be bringing recommendations
to the Council as part of the budget process with budget hearings scheduled for the first two weeks in June.
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CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES APRIL 1996
Mrs. Hobart. She will again appear before the Council at that time.
Reverend Lou Sheldon, 2737 W. Savoy Place, Anaheim. He first read in full and then submitted statement
dated April 25, 1996 (Statement by the Reverend Lou Sheldon - Anaheim City Council - April 23, 1996).
His purpose tonight is to inform the Council of a new organization he helped found with other Anaheim
residents called the Anaheim Taxfighters Association. Their goal is to force a public vote on the proposed
Anaheim Stadium/California Angels deal between Disney Baseball Enterprises and the City of Anaheim.
To that end, he filed a Charter Amendment initiative with the City Clerk yesterday afternoon which seeks to
do three things: 1) require that the specific details of the proposed Stadium/Angels deal be made known to
every taxpayer in Anaheim; 2) require that any indebtedness which the C~ of Anaheim will take on as part
of the proposed Stadium/Angels deal be submitted to a vote of Anaheim taxpayers; 3) help ensure that the
economic health of the C~ of Anaheim will not be threatened in any way by the proposed deal which gives
the Walt Disney Company operational control of Anaheim Stadium and the Angels baseball team.
In light of the foregoing action, he is asking the Council to postpone any vote on the final lease agreement
until at least July 1,1996 which will then make it possible for the Council to hold at least one Public Hearing
on the proposal, give ample time to review the lease agreement and provide enough time to set an
appropriate City election date for the proposed Charter Amendment initiative either as an advisory or
binding measure. He believes that holding an election is important to the City's future and it is also the best
way for all the facts to be brought forward openly. In concluding his statement, he implored the Council to
heed their request and postpone their vote on the final lease agreement until at least July 1, 1996.
Council Member Zemel. He would like to see if Council will consider some of the requests Mr. Sheldon has
made such as getting the public involved so the public can know about the deal and be aware of the facts.
He feels a Public Hearing is a good start. He would like to place the matter of setting a Public Hearing on
the agenda of the next regularly scheduled Council meeting.
Mayor Daly. The matter will be on next week's agenda; City Clerk Sohl noted that there is no meeting
scheduled for April 30, 1996. The next regular meeting is May 7, 1996.
Mayor Daly. He asked the City Manager to prepare for the next meeting a summary of the facts underlying
the proposed agreement and also consider bringing the Council a plan for a public meeting to lay out the
history of the Anaheim Stadium enterprise. It is a 30-year history dating back to 1966 when it opened.
Each of the City's enterprises - the Stadium - Convention Center and the Arena have certain
characteristics and histories. The Arena has been privately managed since the day it opened while the
Convention Center and Stadium have been publicly managed and operated since the first day they opened.
The proposed baseball agreement would change the Stadium operation. There are many aspects to the
Stadium property and facility: Anaheim citizens deserve a better understanding of these enterprises. He
will ask the City Manager to bring the Council some of his thoughts and ideas regarding how to
communicate to the citizens the background regarding these facilities and how the enterprise funds
generated relate to the General Fund of the City. Anaheim has a budget exceeding $600 million a year and
some of that budget is comprised of these special enterprise funds. He will look to staff to identify various
approaches to a public meeting that will lay out facts and figures.
Council Member Zemel. He is glad that they concur on this issue. He will say he will ultimately be in favor
of prlvatization of that facility and all the City's facilties but has doubts about this one. He too believes that
the citizens need to know on a year-by-year basis what the Stadium has or has not done in order to have an
intelligent dialogue. He does not believe that has taken place which has led to the concern. Depending on
who is asked and when, the Stadium has either made money or has not made money depending on what
the issue is in front of the Council. It is going to be difficult to have an equal exchange of information during
a Public Hearing. He encourages showing all the details on the issue and specifically the actual cold, hard
7
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES APRIL 1996
cash facts of the transaction. He would also like to have a copy of the lease agreement even if it is in draft
form at the earliest possible time.
City Manager Ruth stated it will probably be Thursday of this week.
The Mayor confirmed there will be a discussion on the matter at the meeting of May 7, 1996 since there is
no meeting scheduled next week and that the City Manager give his recommendations how best to
disseminate the facts on the City's enterprises in a public forum.
Curtis Stricker, 1117 Wakefield Place, Anaheim. He urged more of a town hall meeting to discuss the
issue. Council Member Lopez had indicated that nine out often of the calls he receives are in favor of the
deal. He (Stricker) does not feel that is the case or that the Council has any idea how the people feel.
They should be doing something for the people and not Disney. He wants a town hall meeting on the issue.
Candy Nutto, 2245 Keys Lane, Anaheim. She is concerned about her tax money and is in agreement with a
Public Hearing. She has a lot of questions about baseball only in the Stadium and if they have to consult
Disney if they want to have a concert or crusade in the Stadium. She is concerned how they will replenish
the $30 million from the City.
PUBLIC COMMENTS - AGENDA ITEMS:
There were no public comments on City Council Agenda items.
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted
upon for the Council meeting of April 23, 1996, 1996. Council Member Tait seconded the
motion. Council Member Feldhaus was absent. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR:
On motion by Mayor Daly, seconded by Council Member Tait, 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 Resolution Nos. 96R-55 through 96R-57, beth
inclusive, for adoption. Refer to Resolution Book.
Al,
118: The following claims were filed against the City and action taken as recommended:
Claims rejected and referred to Risk Management
a.. Claim submitted by Joseph W. And Mary P. Shelton for property damage sustained
purportedly due to actions of the City on or about February 27, 1995.
b. Claim submitted by Richard Joel Stern for properly damage sustained purportedly due to
actions of the City on or about January 21,1996.
c. Claim submitted by Bertha Marlyn and Francisco Flores c/o Joseph M. Tosti, Esq. For
bodily injury sustained purportedly due to actions of the City on or about January 13, 1996.
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CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES APRIL t996
A3.
A4.
AS.
A6.
Claim submitted by Bertha Flores as Guardian Ad Litem of Marlyn Flores c/o Joseph M.
Tosti, Esq. For bodily injury sustained purportedly due to actions of the City on or about
January 13, 1996.
Claim submitted by Bertha Flores as Guardian Ad Litem of Francisco J. Flores c/o Joseph
M. Tosti, Esq. For bodily injury sustained purportedly due to actions of the City on or about
January 13, 1996.
105: Receiving and filing minutes of the Investment Advisory Commission meetings held
November 15, 1995, December 7, 1995, and February 21,1996; and the Special meeting held
January 11, 1996.
105: Receiving and filing minutes of the Community Se~ces Board meetings held February 8,
1996, and March 14, 1996.
105: Receiving and filing minutes of the Senior Citizens Commission meeting held March 14,
1996~
156: Receiving and filing the Anaheim Police Department Crime Statistics for the month of March
1996.
169: Awarding the contract to the lowest responsible bidder, Hillcrest Contracting, Inc., in the
amount of $207,927 for Royal Oak Road Santa Ana Canyon Road to Nohl Ranch Road; and in the
event said Iow bidder fails to comply with the terms of the award, awarding the contract to the
second Iow bidder, as well as waiving any irregularities in the bids of beth the Iow and second Iow
biddem.
155: Approving a Categorical Exemption for the addition of a 16-space driving range line at the
Anaheim Hills Golf Course.
155: Determining that the previously-certified Final Environmental tmpact Report (FEIR) No. 270
together with the Addendum (including Fish and Game Permit No. 5-470-95-Agreement Regarding
Proposed Stream or Lake Altamation as the biological mitigation for the project) is adequate to
serve as the required environmental documentation for the revised Walnut Canyon Channel
project.
123: Authorizing the Mayor to sign the Agreement Regarding Proposed Stream or Lake Alteration
between the State Department of Fish and Game and the City of Anaheim.
135: Awarding the contract to the lowest responsible bidder, Micon Engineering, Inc., in the
amount of $263,753 for the base bid, less deductive Alternate I & 4, for the Anaheim Hills Golf
Course Driving Range; and in the event said Iow bidder fails to comply with the terms of the award,
awarding the contract to the second Iow bidder, as well as waiving any irregularities in the bids of
both the Iow and second Iow bidders.
169: Approving Contract Change Order No. 2, in the amount of $33,515.75 in favor of Hillcrest
Contracting Incorporated, for the removal of 45,500 square feet of pavement and its replacement
with 7 1/2" of asphalt concrete.
123: Approving a grant-funded $63,000 Amendment to Agreement with URO Investments for
computer equipment at a Distance Learning Center within the Anaheim Telebusiness Center.
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES APRIL 1996
A7.
155: Approving a Mitigated Negative Declaration for the construction ofthe State College
Boulevard/State Route 91 Intemhange project. 0Nidening of State College Boulevard from six
lanes to ten lanes between the westbound on/off-ramps and eastbound on/off-ramps. State
College Boulevard north and south of the on/off-ramps are proposed to be tapered to connect with
the existing six lanes on State College Boulevard. The eastbound and westbound off-ramps of
State Route 91 Freeway at State College Boulevard will be widened from a two-lane to a three-
lane off-ramp).
Submitted was report dated April 15, 1996 from the Public Works Department recommending approval of a
Mrdgated Negative Declaration for the subject construction project.
Ira Newman, 1505 N. State College, Anaheim. He owns a sen/ice station and garage on State College.
The proposal is to widen the street from six to ten lanes just south of his establishment. Service station
traffic is very fragile. He would like to know if the Council and the State have taken into consideration traffic
flow and whether it will increase or decrease during the construction. The map they received is unreadable.
He believes there needs to be some discussion. He won't lose his property unless it encroaches further
north but it will impact his traffic flow.
Gary Johnson, Public Works Director and City Engineer. He introduced Russ Maguire, Deputy City
Engineer who is the Project Manager to give the background on the nature of the project and the work to
date. The environmental consultant is also present to respond to questions.
Russ Maguire, Deputy City Engineer/Project Manager, He first gave the background on the project and
what has transpired to date. Mayor Daiy interjected and asked him to specifically address Mr. Newman's
concerns - how long the project will be under construction and were the impacts on his property reviewed
dudng the environmental process.
Russ Maguire. The OCTA (Orange County Transportation Authority) State project is starling in January,
1997 and will continue for three years. The City's project comes in atthe end ofthe construction pedod.
The Cit~ would start work to widen State College and add a third off-ramp lane on each of the two off
ramps around November of 1999 with a five-month construction period and completion in March of 2000. It
will not be creating 10 through lanes on State College. It will remain six through lanes but adding side-by-
side dual left-turn lanes under the bridge so there is adequate capacity to get on and off the freeway.
Mr. Newman, answering the Mayor, stated he has not had s chance to sit down with staffto discuss the
matter. The property owners were notified about a month ago and they had to have an amhitect interpret
the information.
John Biard, 1419 N. State College Boulevard, Anaheim (corner of west bound off ramp to the 91). They
received notification about 30 days ago which was ve~J sketchy. The individual
he spoke to in the Public Works Department could not address any of the particular questions he had but
he was told basically that tonight's meeting is when the "rubber stamp' (Biard's words) would be applied to
the project. Then they could talk to him relative to his concerns. There are going to be a number of pieces
of property devalued and some property taken. In his case, according the proposal, he will lose parking for
ail the customers of his business and the business that rents the other part of his building. It is going to
destroy two viable businesses in Anaheim. According to what he received by FAX today, all of his public
parking will be taken leaving about 9' from the front of his building entrance to the sidewalk or possibly to
his fence. The FAX also said, according to an aerial photo that was taken, he (Biard) can park in the back
of his property. That would be acceptable if he did not have his employees parking there, his trucks, or
storage of material.
Russ Maguire. Mr. Biard is referring to a letter sent to him by FAX. His parking stalls are affected and as
part of the right-of-way negotiating process as required by State law, staff would be going through a
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CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES APRIL 1996
procedure to determine value and also various ways to mitigate and re-establish parking so his business
can continue to operate as it is today. The State dictates the process and will not let the City go into final
design until the environmental process is completed. Upon completion of the final design process, they will
sit down with the property owners and upon completion of that process will then proceed with right-of-way
negotiation and then again sit down with the propert~ owners. From June of this year through January, they
will be doing the final design. The funding for the right of way will become available in June of 1997 when
they would commence actual right-of-way acquisition.
Mr. Biard. He feels the cart is before the horse. In his view, they are going to stamp this as an approved
project, go to the expense of design, and then go back and "trample" on the properb/owners. He also
questioned how they would arrive at a value for the property. It has nothing to do with the freeway but State
College Blvd. Looking at the proposed drawing, one of the questions he had was the necessity for the
project. The preliminary study says there wil be no increase in traffic. If not, why is it necessary to have two
more lanes under the bridge. Even assuming they are necessary, he questioned why not redivert the traffic
in a different pattern. The proposed project will create a 47' island that will have to be maintained at
taxpayer's expense and will block any left turns coming off the freeway from any direction to get into his
property and surrounding properties. It also does not address his problem and the square foot method of
evaluation will make his property almost worthless.
Mayor Daly. The project is not going to be redesigned tonight. The Council is merely trying to give staff an
opportunity to explain the process that lies ahead; Gary Johnson. He explained the process and then
reIterated that all the Council is considering tonight is whether the project would have a significant effect on
the environment. The other issues will be dealt with during the course of design and right-of-way
negotiations. The Council will see this project again on two different occasions - once with property
acquisition end the second when they award the construction contract. There are opportunities for affected
property owners to be heard but prior to that time, staff will be working with them throughout the entire
project.
Mayor Daly. He asked specifically if they are going to have a meeting with the affected property owners to
talk about the issues; Gary Johnson answered yes. He also clarified for Council Member Zemel that the
action tonight does not in any way affect property rights. After further discussion between Mr. Biard and the
Mayor, Mr. Johnson confirmed they will be working with each and every properly owner as a group or
individually. There will be some propert~ acquisition required but they do not know precisely how that will
be configured. The schedule is odd because of the length of the SR91 project. The reason they are
bringing It to the Council at this time is to get the funding so they do not have to tear out Caltrans
improvements at a later date. Doing so will effect a savings of the total cost of the construction. He
reiterated the action this evening is only whether or not there is a significant impact on the environment.
The consultant has looked at the project and done the evaluation. They do not believe there is anything
that cannot be mitigated to a level of insignificance.
Mayor Daly. He asked which month meetings wilt be scheduled with the property owners; Mr. Maguire
answered, August. June is when they will get clearance out of the State and have an agreement to start the
final design.
Council Member Zemel. He stated there would then be a Public Hearing before the Council after the
discussions take place; Russ Maguire. It is not a scheduled Public Hearing but property owners can attend.
When it is scheduled to come before the Council, they will notif~ all the property owners again. He also
clarified that in the letter to Mr. Biard, they stated that the City of Anaheim will coordinate with the property
owner to re-establish and mitigate for the loss of the nine parking stalls.
A8.
160: Accepting the Iow bid of Waxie Sanitary Supply, in an amount notto exceed $58,965 for
paper towels and toilet tissue for the Anaheim Convention Center as required for the period July 1,
1996 through June 30, 1997, in accordance with Bid f~5508.
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES APRIL 1996
A9.
160: Accepting the Iow bid of Coast Irrigation Supply, in the amount of $95,285.96 for irrigation
parts, in accordance with Bid #5503.
Al0. 117: Receiving and filing the Investment Portfolio Report (status and transaction summary report)
for the month of Mamh 1996, as submitted by the City Treasurer.
Al1.
113: RESOLUTION NO. 96R-55: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN
TWO YEARS OLD (CITY ATTORNEY RECORDS).
A12.
184: Reviewing the need for continuing the Ninth Proclamation of the Existence of a Local
Emergency issued by the Director of Emergency Services on January 2, 1996, concerning the
Santiago Landslide and Pegasus Landslide in the City of Anaheim; and taking no action to
terminate the local emergency at this time.
A13. 123: Approving the Attorney Sen, ices Agreement with Orrick, Herrington & Sutcliffe for services as
bond and disclosure counsel to the C~.
A14. 116: Approving the JTPA Job Training Plan for Program Years 1996/97 and 1997/98, and
authorizing the Mayor to execute the Plan in conjunction with the Anaheim Private industry Council.
A15.
123: Approving Caltrans Utility Agreements Nos. 12248, 12413 and 12414 for Segments A, C and
D, respectively, to remove electrical facilities from properties that will be demolished as a result of
the I-5 Freeway widening project. (Properties adjacent to South Anaheim Boulevard, East Gene
Autry Way, East Katella Way, Clementine Street, West Crescent Avenue, West Lincoln Avenue
and Greenleaf Avenue.)
A16.
123: Approving the Ucense Agreement, OC-41, with Orange County Transportation Authority
allowing the City to construct, maintain and operate an overhead 12kV distribution circuit; and
authorizing the Public Utilities General Manager to execute the License Agreement and related
documents on behalf of the City.
A17.
156: RESOLUTION NO. 96R-56: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE CHIEF OF POLICE TO SUBMIT A GRANT PROPOSAL ON
BEHALF OF THE CITY OF ANAHEIM IN CONNECTION WITH THE FIRST YEAR FUNDING FOR
THE OFFICE OF CRIMINAL JUSTICE PLANNING SUPPRESSION OF DRUG ABUSE IN
SCHOOLS PROGRAM.
156: RESOLUTION NO. 96R-57: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE ESTABLISHMENT OF THE SUPPRESSION OF DRUG ABUSE IN
SCHOOLS LOCAL ADVISORY COMMITTEE IN CONNECTION WITH THE PARTNERSHIP FOR
SUPPRESSION OF DRUG ABUSE IN SCHOOLS PROGRAM.
Mayor Daly. This is an item where the Police Department and the Police Chief have stepped forward
recommending obtaining State Grant Funds to expand the City's Drug Abuse Program in the City's High
School and Junior High School System. He thanked the City Manager and Police Chief for bringing this
forward. It appears this is an existing program that is working well and needs additional funding.
A18. 114: Approving minutes of the City Council meeting held April 9, 1996, and the Special meeting
held April 3, 1996.
12
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES APRIL 1996
A19 123: Authorizing an extension of the Master Agreement with the Orange County Conservation
Corps.
Roll Call Vote on Resolution Nos, 96R-55 throuqh 96R-$7, both inclusive, for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: Feldhaus
The Mayor declared Resolution Nos. 96R-55 through 96R-57, both inclusive, duly passed and adopted.
END OF CONSENT CALENDAR. Council Member Feldhaus was absent. MOTIONS CARRIED.
ITEMS B1 - B5 FROM THE PLANNING COMMISSION MEETING OF APRIL 1, 1996
INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 23~ 1996
BI.
179: WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 3616 AND NEGATIVE DECLARATION:
OWNER: ROBERT DALE ZANTOS & ANITA MARIE ZANTOS, 3100 East Coronado St.,
Anaheim, CA 92806
AGENT: MARTIN FRAZIER, 2100 Southeast Main Street #100, Irvine, CA 92714
LOCATION: 1190 North Kraemer Boulevard. Property is approximately 1.94 acres located at the
southeast comer of Coronado Street and Kraemer Boulevard, having approximate frontages of 310
feet on the south side of Coronado Street and 215 feet on the east side of Kraemer Boulevard.
To permit accessory service and outdoor display of marine vehicles and to construct a 2,100
square foot mezzanine in conjunction with a previously approved marine vehicle manufacturing
and retail sales facility with waiver of permitted encroachments into a required setback area.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3616 GRANTED for two years, to expire 4/1/98 (PC96-33) (6 yes votes, I absent).
Approved waiver of code requirement.
Approved Negative Declaration.
B2.
179: WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 3838 AND NEGATIVE DECLARATION:
OWNER: 3130 MIRALOMA AVENUE, INC., A CALIFORNIA CORPORATION, c/o Mark R.
Poochigian, D.A. Management, 5000 Birch Street, East, Building #510, Newport Beach, CA 92660
AGENT: MARTIN FRAZIER, 2100 Southeast Main Street #100, Irvine, CA 92714
LOCATION: Property is approximately 1.5 acres located at the northeast corner of Coronado
Street and Kraemer Boulevard.
To permit a 22,861 square foot building including a 1,568 square foot mezzanine for retail
13
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES APRIL 1996
salesJservice and warehouse storage of marine vehicles, trailers, parts and accessories with
outdoor display with waiver of minimum structural setback and yard requirements.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3838 GRANTED (PC96-34) (6 yes votes, 1 absent).
Approved waiver of code requirement.
Approved Negative Declaration.
REPORT AND RECOMMENDATION ITEMS:
B3.
179; CEQA EXEMPTION SECTION 15061 ~b) {3~
CODE AMENDMENT NO. 96-05 - City Initiated, City of Anaheim, Planning Department, 200 S.
Anaheim Boulevard, Anaheim, CA 92803.
Request to amend Chapters 18.04, 18.21,18.22, 18.23, 18.24, 18.25, 18.26, 18.27, 18.31, 18.32,
18.34 and 18.35 of Title 18 of the Anaheim Municipal Code pertaining to a new procedure for
registration of Large Family Day Care Homes.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption of the draft ordinance to the City Council.
Mayor Daly offered Ordinance No. 5562 for §rst reading.
ORDINANCE NO. 5562 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING CHAPTERS 18.04, 18.21,18.22, 18.23, 18.24, 18.25, 18.26, 18.27, 18.31, 18.32,
18.34 AND 18.35 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO A NEW
PROCEDURE FOR REGISTRATION OF LARGE FAMILY DAY CARE HOMES.
B4. 179: ADDENDUM TO EIR NO. 266 - CONDITIONAL USE PERMIT NO. 2651 - RETROACTIVE
EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL:
REQUESTED BY: ANAHEIM LAND ASSOCIATES, 450 Newport Center Drive, Suite 304, Newport
Beach, CA 92660-7640
LOCATION: Property is located at 2400 E. Katella Avenue.
Petitioner requests a retroactive extension of time to expire February 26, 1997 for Conditional Use
Permit No. 2651 (to permit an 11-story, 128 foot high hotel with on-sale alcoholic beverages and
accessory uses and a 12 and 15-story, 182 foot and 220 foot, 6 inch high commercial office
complex). This petition was originally approved on February 26, 1985.
ACTION TAKEN BY THE PLANNING COMMISSION:
Retroactive extension of lime APPROVED for CUP NO. 2651 (to expire 2/26/97).
Addendum to EiR No. 266 previously approved.
B5. t79: CONDITIONAL USE PERMIT NO. t978 - PLANNING COMMISSION SECRETARY
REQUESTS NUNC PRO TUNG RESOLUTION:
Request to correct the meeting date of the public hearing to read February 5, 199~.
Property is located at 426 South Beach Boulevard (Pacific Inn Motel).
ACTION TAKEN BY THE PLANNING COMMISSION:
Nunc Pro Tunc GRANTED (PC96-32).
END OF THE PLANNING COMMISSION ITEMS.
14
CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES APRIL 23, 1996
ITEMS B6 - B9 FROM THE ~ONING ADMINISTRATOR MEETING OF APRIL 11. 1996:
DECISION DATE: APRIL 18, 1996 INFORMATION ONLY -APPEAL PERIOD ENDS MAY 3. 1996
as.
179: ADMINISTRATIVE ADJUSTMENT NO. 101
OWNER: MFC - LIVONIA PROPERTIES, INC., 348 E. South Temple, Salt Lake C~, Utah 84111
AGENT: THE NADEL PARTNERSHIP, INC., 1990 South Bundy Drive, 4th Floor, Los Angeles, CA
90025
LOCATION: 255 and 275 South Euclid Street (Sav-On and Suner Saver Food}. Property is
approximately 6.45 acres located on the northwest corner of Euclid Street and Broadway.
Waiver of maximum height to construct an 8 foot and 10 foot high screening wall on the west
property line.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 101 APPROVED (ZA Decision No. 96-11).
Mayor Daly. Regarding the wall, he asked staff to confirm that the wall will be landscaped, screened, and
anti-graffiti measures undertaken. The wall will exceed the structural height on the west property line.
Annika Santalahti, Zoning Administrator. This particular application was an Administrative Adjustment
which had no opposition. They are required to comply with the regulations regarding twining vines going
along the block wall to discourage application of graffiti. It is a code requirement and not a condition. Staff
will make sure that it happens.
B7~
179; ADMINISTRATIVE ADJUSTMENT NO. 102
OWNER: KAREN L. NERI, 8461 East Foothill Street, Anaheim, CA 92808
LOCATION: 8461 East Foothill Street. Propen'y is approximately .11 acre located on the north
side of Foothill Street, and east of the centerline of Larkwood Street.
Waiver of maximum lot coverage to construct a 157 square foot family room addition.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 102 APPROVED (ZA Decision No. 96-12).
REPORT AND RECOMMENDATION ITEMS:
B8.
179: SPECIAL CIRCUMSTANCES WAIVER NO. 96-05:
LOCATION: 1551 South Douolass Road.
Ronald McDonald house requests approval of a special cimumstances waiver in order to conduct a
charity car show at subject location.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Special Circumstances Waiver No. 96-05 APPROVED to conduct a charit~ car show on June 22,
1996..
B9.
179: SPECIAL CIRCUMSTANCES WAIVER NO. 96-03:
LOCATION: 2695 East Katella Avenue Crhe Arrowhead Pond of Anaheim}
United Sports Entertainment Inc., requests a special circumstances waNer in order to conduct a
three day personal watercraft competition in the Santa Ana River Bed~
Special Circumstances Waiver No. 96-03 APPROVED to conduct a three day personal watercraft
competition in the Santa Ana River Red on August 16 - 18, 1996.
END OF THE ZONING ADMINISTRATOR ITEMS.
15
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES APRIL 1996
DI.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3731
AND NEGATIVE DECLARATION:
OWNER: DONG S. KlM, 969 La Paz Road, Placentia, CA 92670
AGENT: JUAN B. CARBAJAL, 1652 West Lincoln Avenue, Anaheim, CA 92805
LOCATION: 1652 West Lincoln Avenue. (El Oio De Aaua~.
Property is approximately 1.3 acres located on the south side of Lincoln Avenue and approximataly
440 feet east of the centerline of Euclid Street.
Petitioner requests deletion or modification of a condition of approval pertaining to a tiree limitation
to retain the on-premises sale and consumption of alcoholic beverage within, a restaurant.
ACTION TAKEN BY THE PLANNING COMMISSION:
Denied request to amend the conditions of approval of CUP NO. 3731 (PC96-25) (7 yes votes).
Negative Declaration previously approved.
HEARING SET ON: A letter of appeal was submitted by the Law Office of Neal T. Curatola, on behalf of
the Agent, Juan B. Carbajal and Public Hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News - April 11,1996
Mailing to property owners within 300 feet - April 11, 1996
Posting of properly - April 12, 1996
STAFF INPUT:
See Staff !'eport to the Planning Commission dated March 4, 1996
Mayor Daly. He noted that the Council has an extensive staff report before them. He asked staff to
higblight the background on the item and some of the history.
Greg Hastings, Zoning Division Manager summarized the proposed request.
Steve Walker, Sergeant, Vice Detail summarized the history of the establishment from the time Mr.
Carbajal attempted to buy the restaurant on May 26, 1994, the permits and applications applied for, calls
for sen, ice to the establishment and the reasons for those calls, ABC (Alcoholic Beverage Commission)
actions, vice investigations, etc. (Also see Sgt. Walker's report to the Planning Commission dated February
20, 1996). In concluding, Sgt. Walker stated the Police Department and other City officials are aware that
although the business is licensed as a restaurant, it has never been operated as a restaurant even after Mr.
Carbajal knew before he purchased the location the business was not to be run as his other business at
1287 E. Lincoln.
City Attorney, Jack White. The Council has received certain documents as part of the record in conjUnction
with Planning Commission files that have been transmitted from the Planning Department Secretary to the
City Clerk as follows: Resolution PC94-160 granting Conditional Use Permit (CUP) 3731, Staff Report to
the Planning Commission dated 3/4/96 with a 3-page attachment, PC96-25 denying amendment to CUP
3731 (5 pages), Sec. 23038 Acknowledgment dated 10-19-94 (3 pages), and report to the Planning
Commission from Sgt. Steve Walker, Vice Detail dated 2-20-96. The parameters of tonight's Public
Hearing relate to a decision to be made by the Council as to whether an amendment should be made to
CUP 3731. That permit granted November 30, 1994 had an expressed condition that it was to expire after
one year, November 30, 1995. The applicant/petitioner has requested an amendment or deletion of that
condition to allow continued operation of the business. The criteria to be applied bythe Council in making
a decision are contained in Section 18.03.093.040 of the Anaheim Municipal Code which provides that an
16
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES APRIL 1996
amendment of conditions or deletion of a condition relating to the expiration of an existing CUP shall be
granted where it is established that the permit is being exemised in a manner not detrimental to the
particular area and surrounding land uses nor to the public peace, health, safer7 and general welfare.
In addition, if the condition containing the time limitation is to be entirely deleted rather than amended, the
additional finding must be made that the deletion is necessary to permit reasonable operation under the
permit granted. In the event the Council determines not to grant the petition, and that this CUP is
determined to have expired, there is an existing CUP that still remains on the properb/that would permit the
continued operation of a portion of the premises as a beer bar without the sale of hard alcohol. As a matter
of right under existing zoning, the entire premises could continue to be operated as a legitimate restaurant
without the sale of alcoholic beverages which is the same situation that existed prior to the approval of CUP
3731 in November of 1994.
Mayor Daly opened the Public Hearing and asked first to hear from the applicant.
Neal T. Curetola, Attorney, 2300 E. Katella Avenue, Ste. 435, Anaheim, CA on behalf of Juan B. Carbajal
who is also present. Mr. Carbajal purchased the bar in June of 1995. The CUP was obtained bythe former
owner. Mr. Carbajal took possession and began operating in July of 1995. When he pumhased the bar, he
had to obtain permission from ABC to have the license transferred to him. He does not dispute the
condition imposed that it be operated essentially as a restaurant. English is a second language for Mr.
Carbajal and he did not have the advice of Council when he obtained the permit and signed escrow papers.
He was led to believe he purchased a bar. He signed the documents but did not understand and became
aware of the situation when the CUP expired some time in November or December, 1995. He has made
attempts to change the way the operation is conducted. He believes the representative from the Anaheim
Police Department will admit the interior has been changed. The sign no longer advertises a bar but a
restaurant. They have a lunch menu and flyers have been passed out trying to attract a restaurant crowd.
He is not denying liquor was sold to a minor and takes responsibility for that. All he is asking for is an
opportunity to sell the establishment. He bought it for $60,000 and has made $40,000 worth of
improvements. He is requesting additional time to sell the business which he thought was a bar. In the
interim, whatever additional time he can get, he will attempt to comply. He has with him and will submit
receipts for the past three months showing pumhases of food and alcohol. The cost is equal. He also does
not deny there have been incidents at the bar but the majority occurred under the former owner. Since he
took ownership, there have been only two incidents. He reiterated, Mr. Carbajal intends to sell the business
but in order to recoup his investment, he is requesting additional time. He is asking that they give Mr.
Carbajal that opportunity.
Council Member Lopez posed questions to Mr. Curatola regarding Mr. Carbajal's understanding of English.
He also posed questions in Spanish to Mr. Carbajal who was in the Chamber audience. Mr. Curatola also
clarified that Mr. Carbajal did not have an attorney present when he purchased the business and to read the
contract.
Neal Curatola. The broker involved acted as Agent for both the seller and buyer. Mr. Carbajal's interest
was looked alter by the broker for the seller. He (Curatola) tirst became involved with Mr. Carbajal
regarding his lease at his other location. There was court litigation over that and every document had to be
translated from English to Spanish since he did not understand. That does not excuse what has happened.
He did hand over money and did purchase property.
Council Member Lopez stated it did not make sense to him that somebody would hand over $60,000 and
not know what he was signing; Mr. Curatola stated he knew he was paying $60,000 but he thought he was
buying a bar.
Phyllis Cdppen, Supen/ising Investigator, ABC. She is present at the request of the Anaheim Police
Department.
17
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES APRIL 23~ 1996
City Attorney White, answering the Mayor, stated relative to Ms. Crippen's testimony coming at this time, he
feels they can take the testimony and then the Applicant through his legal Counsel should have a dght to
respond.
Phyllis Crippen, Supen/~ng Investigator, ABC. Mr. Carbajal applied with their office in August of 1994. He
had escrow documents which stated what type of license he was buying. They stated he was buying an on-
sale general public eating place restaurant license. It was $130,000 as opposed to $60,000. On numerous
occasions starting as early as August, 1994 and through the time until Mr. Carbajal received his license, she
and other membem of her department had numerous conversations in English with no problem with Mr.
Carbajal explaining to him exactly what a restaurant license required so that there was no
misunderstanding. He thought he was buying a bar. They told him from the very beginning what the
requirements were of the license. He chose to proceed with that type of application.
Neai Curatola. Relative to the $130,000, Mr. Carbajal told him originally he agreed to pay $130,000. When
he found out there were certain other problems with the sale, he backed out and eventually a second
excrew was opened and the business purchased for $60,000. Mr. Carbajal took over in July. The use
permit was obtained in November of 1994 by the former owner. Other than signing the ABC documents,
there was no other reason, unless Carbajal reviewed the documents with legal Counsel, he was in violation.
When he realized this, he did not make an immediate attempt to change things. He is present along with
Mr. Carbajal today to say that he has. Along with the receipts previously referred to, he also submitted
photos showing the exterior and interior of the establishment, before and after changes were made. They
also have a menu and flyem.
Mayor Daly closed the Public Hearing.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: On motion by Mayor Daly seconded by Council
Member Zemel the City Council finds that the Negative Declaration previously approved in connection with
CUP 3731 is adequate to serve as the requirad 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.
Council Member Feldhaus was absent. MOTION CARRIED..
Mayor Daly offered Resolution No. 96R-58 for adoption denying an amendment to certain conditions of
approval in Conditional Use Permit No. 3731 as approved by Resolution No. PC94-160 based upon certain
findings. Refer to Resolution Book.
RESOLUTION NO. 96R-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN
CONDITIONAL USE PERMIT NO. 3731.AS APPROVED BY RESOLUTION NO. PC94-1§0
BASED UPON CERTAIN FINDINGS.
Roll Call vote on Resolution No. 96R- 58 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: Feldhaus
The Mayor declared Resolution No. 96R-58 duly passed and adopted.
18
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES APRIL '1996
D2.
179: PUBLIC HEARING -WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 3820 AND NEGATIVE DECLARATION:
OWNER: JAMES HILL, TRUSTEE, DAHLMAN FAMILY TRUST, 607 Avenida Teresa, San
Clemente, CA 92672
AGENT: HARRY ERICSON & ASSOCIATES, 3328 Alabama Circle, Costa Mesa, CA 92626
LOCATION: 2501 East Lincoln Avenue. Property is approximately 0.54. acre located atthe
northeast corner of Uncoln Avenue and Sunkist Street.
To permit a full service car wash, auto detailing and lubrication facility with waivers of minimum
structural setback and yard requirements and required site screening.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3820 GRANTED (PC96-27) (7 yes votes).
Approved waiver of code requirement.
Approved Negative Declaration.
HEARING SET ON: A review of the Planning Commission's decision was requested by Mayor Daly and
Council Member Lopez at the meeting of Mamh 26, 1996, Item B3, and Public Headng scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North Coun~ News - Apdl 11, 1996
Mailing to property owners within 300 feet - Apdl 11, 1996
Posting of property - Apd112, 1996
STAFF INPUT:
See Staff report to the Planning Commission dated Mamh 4, 1996
Mayor Daly. This is an approximately 1/2 acre site and the applicant is proposing a carwash with a
lubrication facility and also asking for a couple of waivers from code. He wanted to make sure the design
will be an improvement for the neighborhood. He is asking Planning staff to comment on the quality of the
design as well as the necessity for the variances or the waivers to code.
Greg Hastings, Zoning Division Manager. He explained that the two waivers are relative to the intedor
property lines. The adjacent apartment complex has carports which back up to the property at the property
line. Because of that, two requirements required by code were waived by the Planning Commission, one
having to do with the requirement for a 6' high block wall since the carports are much higher than the block
wall would be. The requirement for a 10' landscaped buffer was also waived since garages backed up to
the use. The landscaping is there but not the 10' requirement. It is between 1' and 5'. There will be trees
and vined trellises up against the carport walls. The landscaping on Lincoln and Sunkist will be 10' in width
with a 3' high berm with one tree for every 20' of frontage. It exceeds code in terms of the berm and the
width ofthe landscape area. He also clarified additional questions posed bythe Mayor.
Council Member Lopez. His concerns were related to landscaping and also what impact the project would
have on the traffic coming offthe freeway. He also noted, when a representative of the applicant called
him, that there were three other car washes within one mile.
Greg Hastings, The two driveways currently existing on Lincoln will be removed and the only access will be
off Sunkist.
Additional renderings were then posted on the Chamber wall which were inspected by Council Members
and questions answered by the Agent for the applicant.
19
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES APRIL 199K
Mayor Daly. The conversation relative to the renderings centered on the driveways into and out of the
facility at the corner and the practicality of left turns from the property out onto Sunkist.
Harry Ericson, 3328 Alabama Circle, Costa Mesa. This is a qual~ development. One of the reasons for a
boutique instead of a convenience store was to not generate a great deal of traftic. A customer can go
through the car wash and will be able to buy a cappucino and other small items. They have had a good
working relationship with staff and were able to handle all of their requests including traffic and cimulatJon.
As far as other car washes in the area, they feel the trade area is such that other competition will not affect
the operation of the proposed car wash.
Greg Hastings then explained for the Mayor that relative to signage, there is a condition restricting signage
to one free-standing sign close to the corner on Lincoln no higher than 8' and limited to 32 square feet.
Arnie Slaughter, Developer of the project. There will be signs on the building. There will be one on the
west elevation of the carwash, one on the west elevation of the quick lube and one on the south elevation
as well. They did submit a complete set of sign plans to staff. They are not requesting a sign variance; Joel
Fick, Planning Director stated that a copy of the plan is in the tile.
Arnie Slaughter. They are pmpesing a state-of-the art, full service, hand car wash and a fast, quick~lube
facility. It will capture a different market and has a tremendous potential. They have developed other car
washes and quick lube facilities together. There is one in the San Diego area. The landscape plan
identifies the trees that will be used.
Mayor Daly opened the Public Hearing and asked to hear from those in favor or in opposition; there was no
response. The Public Hearing was closed.
Mr. Slaughter then answered questions posed by Council Member Tait relative to the colors to be used, as
well as additional questions by Council Members regarding landscaping, and wall signs.
Mr. Hastings explained that relative to staff's concern that they use vines to cover the carport walls, because
of the concern of attaching vines to someone else's property, the developer proposed lattice work that will
be used in front of the walls instead of actually attaching the vines to the walls.
Additional discussion followed relative to the concern of Council Members with a lee turn onto Sunkist from
the facilib/. The Mayor stated that during the conversation while inspecting the renderings, the applicant
indicated the entrance driveway would be the northern-most driveway and the exit, the southern driveway.
He asked if staff wanted to pin down how vehicles should exit - that there shall bo no left turn exit out of
either driveway onto Sunkist; Council Member Tait stated that he also had a concern about possible left-
hand tums coming out of the car wash and that there be a right-turn only.
Amie Slaugther. The sign plan identifies entrance only and exit only signs.
Joel Fick. Staff concurs it is appropriate to add that as a condition so that it would be clear which drive is for
entering and which is for exiting. If no left tums are permitted, there should be signs to that effect. He
clarified relative to the monument sign, there are additional requirements on the size limiting it to 32 square
feet.
Mr. Slaughter stated it is possible they could combine "no left turn" into the existing signage but would have
to look at that further. He then also explained for the Mayor that typically they are closed at 7:00 P.M. the
latest.
Council Member Tait. He asked Mr. Slaughter to bdefly outline the noise migitation measures to bo taken.
20
CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES APRIL '1996
Arnia Slaughter. There is an existing carport wall that separates their project from the apartments.
According to the acoustical engineer, the new technology with blowers and puffing the vacuum system
inside the equipment room will m~dgata all noise problems. The people in the apartment next door will not
be able to hear the blower. He also cladfied there will be no noise emanating from the lube facility and
there will be no tire work or automotive repairs.
ENVIRONMENTAL IMPACT REPORT NEGATIVE DECLARATION: On motion by Council Member Zemel
seconded by Council Member Lopez 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 in,al study and any comments received that there is no
substantial evidence that the project will have a significant effect on the environment, Council Member
Feldhaus was absent. MOTION CARRIED.
Council Member Zemel offered Resolution No. 96R-59 for adoption granting Conditional Use Permit No.
3820 subject to additional conditions regarding signage and stipulations by the applicant.
RESOLUTION NO. 96R-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3820.
Roll Call vote on Resolution No. 96R- 59 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: Feldhaus
The Mayor declared Resolution No. 96R-59 duly passed end adopted.
Cl 114: COUNCIL COMMENTS:
Council Member Tait. The Council has all agreed that crime has been a top priority. They received a
report from the Police Chief about the strides that have been made through Community Policing and other
strategies. At the next Council meeting, he would like to have a brief presentation more for the purpose of
the people watching on cable and for the audience to show what has been done on the crime front and for
the Chief to go through the report he submitted a couple of weeks ago.
Mayor Daly. He stated the Deputy C~ Manager would make arrangements for the Chief to summarize his
recently authored report on Community Policing on a future agenda.
Deputy City Manager, Tom Wood stated that staffwould be happy to arrange the presentation.
C2. ¶ 23: REPORT ON CLOSED SESSION ACTIONS: Cib/Attorney White reported that the City Council
approved a Settlement Agreement with the City of Vernon, et al., relating to Los Angeles Supedor Court
Case No. BC 104302 and authorizing the Public Utilities General Manager to execute the Settlement
Agreement and other necessary documents. The agreement will provide Anaheim with approximately
13,000 megawatt hours per month of electric transmission service at no cost to the City for a three-year
period beginning May 1, 1996. The total value is estimated in the range of $500,000.
21
CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES APRIL 23~ 1996
ADJOURNMENT: By general Council consent, the Council Meeting of April 23, 1996 was adjourned.
No meeting is scheduled for April 30, 1996.
LEONORA N. $OHL
CITY CLERK