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1995/08/08C~TY OF ANAHEim, CALIFORNIA - COUNCIL ~NUTE8 AUGUST 8~ L995 The City Council of the City of Anaheim met in regular session. PRESENT: PRESENT: ABSENT: PRESENT: MAYORs Daly COUNCIL MEMBERS= Tait, Lopes, Zemel, Feldhaus COUNCIL MEMBERS= None CITY MANAGER= James Ruth CITY ATTORNEY= Jack White CITY CLERK= Leonora N. Sohl ASSISTANT CITY CLERK: Ann M. Sauvageau CODE ENFORCEMENT MANAGER= John Poole EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT= Lisa Stipkovich REDEVELOPMENT/ECONOMIC DEVELOPMENT MANAGER: Richard Bruckner PLANNING DIRECTOR: Joel Fick ZONING ADMINISTRATOR: Annika Santalahti ZONING DIVISION MANAGER: Greg Hastings TRAFFIC AND TRANSPORTATION MANAGER: John Lower FIRE CHIEF= Jeff Bowman A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2=50 p.m. on August 4, 1995 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the meeting to order at 3=15 p.m. REQUEST FOR CLOSED SESSION= City Attorney Jack White requested a Closed Session noting first that there are no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS= There were no public comments relative to Closed Session items. The following items are to be considered at the Closed Session: CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION= Name of case= In re= County of Orange, Debtor, U.S. Bankruptcy Court, Central District Case No. SA 94-22272~ and In re= Orange County Investment Pools, U.S. Bankruptcy Court, Central District No. SA 94-22273. me CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION= CITY OF ~NAHEIM, CALIFORNIA - COUNCIL MINUTES - AUGUST 8, 1995 4e Name of case: Anaheim Stadium Associates v. City of Anaheim, Orange County Superior Court Case No. 44-81-74. LIABILITY CLAIMS: Claimant: Patsy .and Jimmie Thompson Agency Claimed Against: City of Anaheim CONFERENCE WITH LABOR NEGOTIATOR Agency negot£ator= David Hill Employee organization: IBEW Local 47 CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator= David Hill Employee organization= Anaheim Police Association CONFERENCE WITH LEGAL COUNSEL PURSUANT TO ~OVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION= Name of case: Wayne A. Parkola v. A AAA Yellow Cab, Inc., et al., Orange County Superior Court Case No. 72-71-63. RECESS: Mayor Daly moved to recess into Closed Session. Council Member Tait seconded the motion. MOTION CARRIED. (3:16 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=35 p.m.). INVOCATION: Pastor Bryan Crow, The Garden Church, gave the invocation. FLAG SALUTE= Council Member Tom Tait led the assembly in the Pledge of Allegiance to the Flag. 119= DECLARATIONS OF RE(~gNITION= Declarations of Recognition were unanimously adopted by the City Council recognizing, commending and honoring the following people who were members of the City's Gang/Drug Task Force: Reverend Bryan Crow, Cynthia Grennan, Thomas Halvorsen, Glenn Hellyer, Mary Hibbard, Lila Jag. ars, Keith Olesen and Chris Whorton. (Not present: Doug Gibson, Martha Herr.fa, Father John Lenihan, Dr. Meliton Lopez and Richard Ornelas). Police Chief, Randall Gaston. In 1991, there was a need to assemble a cross-section of citizens from the City to identify gang and drug related problems in the community and to put together an action plan to address the issues. During the last four years, the members of the task force met on a frequent basis and.then conducted community forums in all regions of the City which resulted in a report containing 10 major issues and an action plan to address those issues. Tonight it is an honor to have eight of the conunittee members present. They have literally given hundreds of hours to the task along with a commitment to make Anaheim a better place. Mayor Daly and Council Members personally congratulated and commended the members of the task force for their tireless dedication in CITY OF ~NAHEIMv CALIFORNIA - COUNCIL MINUTES - AUGUST 8v 1995 formulating a plan to combat gangs and drugs in Anaheim. The task force will now be transitioned and refocused under the Police Department and Chief Gaston. Each of the task force members were presented with plaques. 119~ PRESENTATION - HOST TEAM - AMERICAN FAST PITCH ASSOCIATIONs Presentation of the Host Team of the American Fast Pitch Association on the occasion of the International Friendship Tournament to be held in Anaheim August 8 - 11, 1995. Mr. Terry Fullmer explained that the American Fast Pitch Association is a fast pitch softball program for girls. It is the only youth program with major offices headquartered in Anaheim. The tournament involves three foreign countries and twelve states and is in progress at this time. He then introduced his wife Peggy and other principal8 in the association as well as guests from Japan who are participating in the tournament. Mayor Daly and Council Members welcomed the association, the principals and the team members and expressed how pleased they are that Anaheim is hosting this important tournament. 119~ PROCLAMATION~ The following Proclamation was issued by Mayor Daly and authorized by the City Council: Recognizing August, 1995 as JTPA Alumni Month in Anaheim The Proclamation was accepted by Cynthia Grennan who explained that Anaheim is the first City in terms of receiving funding for displaced defense workers. She then introduced Mr. Charles Bruckler, Outstanding Alumni for this period. CITY TIME= 119: THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER DECLARATION recognizing the Anaheim Police Department Helicopter Detail for 25 years of service. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,872.466.26 for the period ending August 4, 1995, in accordance with the 1995-96 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5=58 p.m.) Mayor Daly reconvened the City Council meeting. (6=06 p.m.) ADDITIONS TO THE AGENDA= There were no additions to agenda items. C~TY OF ANAHEIH, C&LIFORN~A - COUNCIL HINUTES - AUGUST 8, L995 ITEMS OF PUBLIC INTERESTs Michael Blanco, 424 N. Philadelphia Street, Anaheim. He is present again to speak on vending issues. The City has started ticketing the vendors for violation of the California State Vehicle Code relating to the use of horns. The main trucks in the video which he presented to the Council at the meeting of July 18, 1995 have gone from horns to bells which is great. It took three years and a law suit to do this. (Also see Mr. Blanco's letter of August 4, 1995 previously submitted). However, they can still hear the trucks in the immediate area. Roger Wilmont on the 900 block of Lemon who reported to him that they get 10 trucks a day, would also like action taken on their street. Mr. Wilmont has also called Code Enforcement over the years and does not get a response. Because he (Blanco) is going to Court, he would like to receive a list of complaints from just his address over the last three years and also a general report, City wide, of complaints relating to noise from vendors. He would also like to know who is legally able to vend in the City since he has noticed different trucks never seen before even though there is a moratorium. He wants the laws enforced throughout the City. Code Enforcement has said that studies are being done and there may be problems in implementing the State code, that the code has been challenged in court and Santa Ana had problems as far as it being constitutional. He talked to the City Attorney in Santa Ana and was told they did not have a problem and have never been to court on the issue. As an aside, he also asked who he might talk to in the City relative to sidewalks, cement, etc. City Manager, James Ruth. Relative to the latter, the responsibility is that of the Maintenance Department but Mr. Blanco can get the information through his office through Deputy City Manager, Tom Wood. Mayor Daly. He will ask the Code Enforcement Manager to comment on some of the points brought up by Mr. Blanco -- the noise laws and the moratorium. Mr. Pedro Vasquez, 415 S. Claudina, Anaheim. He has been in business in Anaheim for 20 years. He does not believe Mr. Blanco is talking sense. Mr. Pools is doing a great job because he (Vasquez) paid over $5,000 in fines for one year. Mr. Blanco has a personal problem with someone but not with all of the vendors. He does not think Mr. Blanco has any of his trucks on his street with horns or violating any laws. The reason he is present is on the $5,000 in citations he has received from Code Enforcement in one year. He cannot afford any more. Ninety percent of his sales are gone because he is now prohibited from selling on Leatrice, Wakefield and Pearson since that area has been designated no parking. He has nothing to do with gangs or crime. All he is asking the Mayor and the Council is to allow him and the vendors to work. He then explained his difficulties in trying to talk to a Sergeant in the Police Department regarding his citations. He waited for three hours and then no one would talk to him and on his other attempts to do so, he felt he was treated with disrespect. He reiterated, all he is asking is that they allow the vendors to work. John Poole, Code Enforcement Manager. He explained that a natural occurrence in the Summer is to see new vendors come into the City. Code Enforcement has almost eliminated those vendors who come without permits. Relative to the concerns expressed, when Code Enforcement enforces the vendor ordinance, some say they are very heavy handed and others say they are not doing enough. Regarding Mr. Blanco's case, he feels Code Enforcement went beyond the extra effort. He has warned the vendor using the horns if he continues to do so, he will be brought in for a hearing to see if there is cause to terminate his permit. 4 CITY OF ~NAHEIM, CALIFORNIA - COUNCIL MINUTES - AUGUST 8, 1995 Relative to the moratorium, it is in effect until the end of the year. They hope to be bringing back to the Council in late September or early October a new vendor code which will be more workable than the current code. There have been some legal challenges to similar vendor ordinances in other cities which they are monitoring to see what the courts will allow them to do. The Police Department is offering Code Enforcement more assistance on the weekends which he feels will keep the problem under control. They will give Mr. Blanco a list of his complaints. Council Member Lopez stated he received a call at City Hall that a vendor was cited for parking and yet during the same time period, a UPS truck was not cited. John Pools. He believes Council Member Lopez is referring to the Leatrice- Wakefield area which is now designated no parking. The vehicle code gives a specific definition of what parking is. If the vehicle is engaged in loading or unloading merchandise or passengers, they are not part of the definition of the vehicle code so a UPS truck would not be in violation. Steve White, 850 N. Clementine, Anaheim, Chairman, Committees of Correspondence. There was a motion passed by Garden Grove on a resolution to direct City representatives of OCTA (Orange County Transportation Authority) to present the issue of diversion of Measure M funds to the County to resolve the bankruptcy before the voters. It is also being considered in eight or ten other City Councils throughout the County this evening. He is asking the Council to put this matter on an agenda for consideration. He thereupon submitted a copy of the covering letter with the resolution that was adopted by the City of Garden Grove (made a part of the record). 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 August 8, 1995. Council Member Feldhaus seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR= On motion by Mayor Daly, seconded by Council Member Feldhaus, 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. 95R-145 through 95R-147, both inclusive, for adoption and offered Ordinance No. 5510 for adoption. Refer to Resolution/Ordinance Book. Al. 118: Rejecting and/or denying certain claims filed against the City. Claims rejected and referred to Risk Management: a. Claim submitted by Leora Marie Romano for property damage and bodily injury sustained purportedly due to actions of the City on or about January 16, 1995. CITY OF ~NAHEIM, CALIFORNIA - COUNCIL MINUTES,- AUGUST 8~ 1995 b. Claim submitted by Ail State Insurance, Leora Romano Insured for property damage and bodily injury sustained purportedly due to actions of the City on or about January 16, 1995. c. Claim submitted by Amber Investment Company c/o Jonathon A. Stein, Esq. for property damage sustained purportedly due to actions of the City on or about January 4, 1995. d. Claim submitted by Shirley Wolff for property damage sustained purportedly due to actions of the City on or about March 1, 1995 e. Claim submitted by April Thompson for bodily injury sustained purportedly due to actions of the City on or about February 18, 1995. f. Claim submitted by Charles W. Pendleton for property damage sustained purportedly due to actions of the City on or about January 4, 1995. g. Claim submitted by Patsy and J~mmie Thompson c/o Richard M. Hawkins, Esq. for bodily injuries sustained purportedly due to actions of the City on or about February 21, 1995. h. Claim submitted by Jinunie and Patsy Thompson c/o Richard M. Hawkins, Esq. for bodily injuries sustained purportedly due to actions of the City on or about February 21, 1995. i. Claim submitted by Robert J. Sanchez and Janet C. Hall-Sanchez for property damage sustained purportedly due to actions of the City on or about January 4, 1995. j. Claim submitted by Ulices Blanco c/o L. Scott Karlin, Esq. for property damage sustained purportedly due to actions of the City on or about January 4, 1995. k. Claim submitted by Diane Brown c/o L. Scott Karlin, Esq. for property damage sustained purportedly due to actions of the City on or about January 4, 1995. 1. Claim submitted by Burr Davidson c/o L. Scott Karlin, Esq. for property damage sustained purportedly due to actions of the City on or about January 4, 1995. m. Claim submitted by Marlo Garcia c/o L. Scott Karlin, Esq. for property damage sustained purportedly due to actions of the City on or about January 4, 1995. n. Claim submitted by Leo Gomez c/o L. Scott Karlin, Esq. for property damage sustained purportedly due to actions of the City on or about January 4, 1995. o. Claim submitted by Alexander Guerrero for property damage sustained purportedly due to actions of the City on or about January 4, 1994. p. Claim submitted by Michael McKendry c/o L. Scott Karlin, Esq. for property damage sustained purportedly due to actions of the City on or about January 4, 1995. CITY OF ~N~HEIM, C~LIFORNIA - COUNCIL MINUTES - AUGUST 8, 1995 q. Claim submitted by Alan Posadas c/o L. Scott Karlin, Esq. for property damage sustained purportedly due to actions of the City on or about January 4, 1995. r. Claim submitted by Marissa Santos c/o L. Scott Karlin, Esq. for property damage sustained purportedly due to actions of the City on or about January 4, 1995. A2. A3. A4. AS. A6. A7. AS. Ag. 140= Receiving and filing the Anaheim Public Library Monthly Statistical Report for the Fiscal Year 1994/1995, and for the month of June 1995. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held June 28, 1995. 108; ORDINANCE NO. 5510: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW .CHAPTER 4.03 TO TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO COMMERCIAL FILMING. (Introduced at the meeting of August 1, 1995, Item A4.) 169= RESOLUTION NO. 95R-145: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO ALLOCATE $220,495 OF THE COMBINED TRANSPORTATION PROGRAM FUNDS FOR REHABILITATION OF LA PALMA AVENUE BETWEEN GROVE STREET AND KRAEMER BOULEVARD. 158: RESOLUTION NO. 95R-146: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL PROPERTIES OR INTERESTS THEREIN TO THE CITY. 160; Accepting the low bid of Heli-Dyne Division of National Airmotive Corp, in the amount of $21,487.99 for one main rotor hub assembly, in accordance with Bid $5423. (Anaheim Police Helicopter.) 160: Accepting the bid of Wesco Utility Sales, in the amount of $148,471 for 194 single-phase conventional transformer, in accordance with Bid $5417. Accepting the bid of Howard Industries, c/o Young and Company, in the amount of $621 for one 81ngle-phase conventional transformers, in accordance with Bid $5417. Accepting the bid of Kuhlman Electric Corporation, in the amount of $2,782 for two single-phase conventional transformers, in accordance with Bid $5417. Accepting the bid of Central Maloney, cio Southcoast Utility Sales, in the amount of $8,274 for six single-phase conventional transformers, in accordance with Bid $5417. 160: Authorizing the Purchasing Agent to issue a change order to Trend Offset Printing, for an additional amount of $6,000 bringing the total purchase to an amount not to exceed $67,076.40 for printing of the Anaheim Magazine, in accordance with Bid $5334. 184: Reviewing the need for continuing the Sixth Proclamation of the Existence of a Local Emergency issued by the Director of Emergency CITY OF ~N~HEIMv CALIFORNIA - COUNCIL MINUTES - AUGUST 8v 1995 Services on January 3, 1995, concerning the Santiago Landslide and Pegasus Landslide in the City of Anaheim~ and taking no action to terminate the local emergency at this time. AIO. 123: Approving an Agreement with the Authority for California Cities Excess Liability (ACCEL) whereby each party waives any requirement to file a claim in certain actions arising from the Santiago Landslide~ and ratifying the signing of said agreement by the City's legal counsel. All. 129: RESOLUTION NO. 95R-147: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONFIRMING THE WRITTEN REPORT OF THE FIRE CHIEF REGARDING THE COST OF WEED ABATEMENT, AND DIRECTING THE FILING THEREOF WITH'THE COUNTY OF ORANGE. Council Member Tait posed questions relative to the specifics involved in the Weed Abatement Program which were answered by Fire Chief, Jeff Bowman. A12. 123: Approving an Agreement with the National Association of Senior Citizen Softball for the purpose of conducting a Senior Softball World Series Qualifying Tournament sponsored by the Parks, Recreation and Community Services Department. Council Member Feldhaus. He is happy to see this item on the agenda. He has been playing Senior Softball for 14 years and has talked to City staff about getting a softball qualifier in the City. Senior Softball has become popular world wide. There are different age qualifications starting at 50 up to 7S years of age and even older. A13. 123: Approving an Agreement with the County of Orange for upgrading the water system in the area known as "Southwest Anaheim", and authorizing the Public Utilities General Manager to execute and deliver said agreement in the form hereby approved, with such additions and changes as approved by the Public Utilities General Manager. A14. 123: Approving an Agreement with Trans Union to provide an on-line computerized service used by detectives to obtain investigative information~ and authorizing the Chief of Police to administer and execute said Agreement annually, including increases of up to 10 percent per year per search, provided that no other changes are made to the terms and conditions of the Agreement. A15. 114: Approving minutes of the Anaheim City Council meetings held July 18, 1995, and July 25, 1995. A16. !23: To consider approving an Agreement with Ogden, Inc., for the acquisition of the transfer station from the County of Orange. City Manager Ruth. Staff is requesting that this item be continued two weeks since there are still some issues to negotiate. Roll Call Vote on Resolution Nos. 95R-145 through 95R-147, both inclusive, for adoption: AYES: NOES: MAYOR/COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly MAYOR/COUNCIL MEMBERS: None CITY OF ANAHEIMt CALIFORNIA - COUNCIL MINUTES - AUGUST 8~ 1995 ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 95R-145 through 95R-147, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance No. 5510, for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5510, duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. PRIVATE INDUSTRY COUNCIL APPOINTMENT: A17 · 105: TO consider the appointments and/or reappointment to the Private Industry Council, in the Private Sector Category, for a term of four years. City Clerk, Lee Sohl. There is one potential reappointment, Mr. Paul Bostwick, the current Chair of the Private Industry Council. Three seats need to be filled for the term of four years in the Private Sector Category due to the resignation of Jeri Seals, Mel Miller, and Anthony Adams. Mayor Daly opened nominations. Mayor Daly nominated Paul Bostwick for reappointment; Council Member Feldhaus nominated Wally Rodriquez, Mayor Daly nominated Roy Odom; Council Member Feldhaus nominated Marie Moreno. MOTION. On motion by Council Member Lopez seconded by Mayor Daly, nominations were closed. MOTION CARRIED. Mayor Daly moved to appoint Paul Bostwick, Wally Rodriquez, Roy Odom and Marie Moreno to the Private Industry Council for a four-year term ending 1999 by acclamation. The nominees were thereupon appointed unanimously. B1. ITEMS BI - B~ FROM THE PLANNING CO~4ISSIONMEETINO OF JULY 24. 1995 INFORMATION ONLY - APPEAL PERIOD ENDS AUOUST 15. 1995 THESE ITEMS ARE A PART OF CITY COUNCXL PUBLIC HEARING ZTEM DX ON THIS AGENDA 179: REFINEMENTS TO SPECIFIC PLAN NO. 94-1 ~ FINDINGS OF FA~T: Anaheim Redevelopment Agency, 201 S. Anaheim Blvd., Anaheim, CA 92805 requests refinements to Specific Plan No. 94-1 and associated findings of fact. LOCATION: Property is approximately 2,645 acres generally abounded by the Orange (57) and Riverside (91) Freeways, Orangethorpe Avenue and Imperial Highway. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended approval to the City Council (3 yes votes, 2 absent, and i abstained). CITY OF ANAHEIH; CALIFOI~IA - COUNCIL HINUTES - AUGUST 8, 1995 See Item D1 on today's agenda, B2. 179: ENVIRONMENTAL IMPACT REPORT NO. 317 AND SPECIFIC PLAN 94-1: 'OWNERs Initiated by City of ANAHEIM PLANNING COMMISSION, ANAHEIM REDEVELOPMENT AGENCY, C/O ATTN~ Michael Welch, Anaheim, CA 92803 LOCATION: The proposed 2,645 acre Northeast Area Specific Plan project area is generally bounded by the Orange (57) and the Riverside (91) freeways, Orangethorpe Avenue and Imperial Highway and includes the Canyon Industrial Area and properties within and surrounding the boundaries of Redevelopment Project Area Alpha. To add development standards for freeway-oriented signs within the specific plan area. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended to the City Council the inclusion of the proposed sign standards (PC95-84) (3 yes votes, i abstained, 2 absent, and 1 vacancy). Certification pending on EIR NO. 317. See Item DI on today's agenda. END OF THE PLANNING COMMISSION ITEMS. ************************* Chairman Daly reconvened the Anaheim Redevelopment Agency meeting for a Joint Meeting/Public Hearing with the City Council (6:38 p.m.). D1. 155~ ENVIRONMENTAL IMPACT REPORT NO. 317r GENERAL PLAN AMENDMENT NO. 334 SPECIFIC PLAN NO. 94-1 "NORTHEAST AREA SPECIFIC PLAN' ¢includinq Zoninq and Development Standards)~ INITIATED BY: CITY OF ANAHEIM PLANNING COMMISSION, c/o Anaheim Redevelopment Agency Attent£onz M£chael Welch, 201 South &nahe£m Boulevard ~1003, Anahe£m, CA 92805 LOCATION~ The proposed Specific Plan and ~eneral Plan project area consists of 2,645 acres generally bounded by the Riverside (ER-gl) Freeway, the Orange (SR-57) Freeway, Orangethorpe Avenue and Imperial Highway. The project area includes the Canyon Industrial Area and properties within and surrounding the boundaries of Redevelopment Project Area Alpha. The 26 acres located at the southwest corner of Tustin Avenue and La Palma Avenue, located within the boundaries of Specific Plan No. 88-3 (PacifiCenter Anaheim Specific Plan) are not included within the boundaries of the proposed Specific Plan but are included within the boundaries of the proposed General Plan Amendment. 10 C~TY OF JLNtBLHE~ CAL~FORN~ - COUNCIL HtNUTES - AUGUST 8~ ~995 PUBLIC NOTICE REQUIREMENTS MET BY= Publication in Anaheim Bulletin - June 15, 1995 Mailing to property owners within 300 feet - June 15, 1995 Posting of property - June 16, 1995 PROPOSAL= (A) To consider Environmental Impact Report No. 317 as prepared by the Lead Agency (Redevelopment Agency), adoption of the Statement of Findings of Fact (which includes the Rejection of Alternatives), adoption of a Statement of Overriding Consideration, and adoption of a reporting or monitoring plan. (B) To approve General Plan Amendment No. 334 to amend the Land Use, Parks Recreation and Community Services, and Environmental Resources and Management (Conservation/Open Space) Elements of the General Plan to establish consistency between the General Plan and the Development Areas identified in the proposed Specific Plan~ and to amend the General Plan designation for the acreage within the boundaries of SP88-3 (not a part of the subject Specific Plan), as follows: 1. Land Use Element (a) To add text to the General Plan Land Use Element recognizing that the Anaheim Northeast Area Specific Plan is an implementing zone for the Canyon Industrial Area~ and that the Specific Plan establishes building intensity for each of the development areas (i.e., Industrial, Industrial Recycling, Expanded Industrial, La Palma Core, Transit Core and Commercial Areas). A map identifying these locations (figures) is available for review at the Anaheim Planning Department. (b) To amend the General Plan Land Use Element Map for 18 areas as follows: Figure I - Approximately 113.5 acres from the General Industrial to Business Office/Service/Industrial designation. Subject area is generally located south of Miraloma Avenue, west of Tustin Avenue, north of the SR-91 Freeway and east of Miller Street. Fiaure 2 - Approximately 39.3 acres from the General Open Space and General Industrial to the General Commercial designation. Subject area is generally located south of the SR-91 Freeway, west of the Atchison Topeka and Santa Fe Railroad right-of-way and north of the Santa Ana River Channel. (Note: At Planning Commission's direction, Figure 2 has been revised to depict General Industrial as the proposed designation. As such, the acreage proposed for redesignation has been reduced to approximately 30 acres.) Fiqure 3 - Approximately 11.9 acres from the General Open Space to the Conservation/Water Use designation. Subject area is generally located south of the SR-91 Freeway, west of the SR-91 Freeway/Tustin Avenue interchange, north of the Santa Ana River Channel and east of the Atchison Topeka and Santa Fe Railroad right-of-way. Fiaure 4 - Approximately 2.8 acres from the General Open Space to the General Commercial designation. Subject area is generally located south and east of the SR-91 Freeway/Tustin Avenue interchange. Fiqure 5 - Approximately 11.3 acres from the General Industrial to the General Commercial designation. Subject area is generally located on 11 C~TY OF ~NAHE~, C~L~FO~N[A - COUNCIL ~NUTES - AUGUST 8, 1995 the east side of Tustin Avenue between La Palma Avenue and the SR-91 Freeway. Fioure 6 - Approximately 8.0 acres from the Conservation/Water Use and General Industrial to the General Commercial and General Industrial designations. Subject area is generally located at the Tustin Avenue/Miraloma Avenue intersection, and north and west of said intersection. Fiqure 7 - Approximately 2.1 acres from the Conservation/Water Use to the General Commercial designation. Subject area is generally located between Orangethorpe Avenue and the Atwood Channel, and west of the City limits. Fiaure 8 - Approximately 7.9 acres from the General Industrial to the General Commercial designation. Subject area is generally located immediately north (on both sides of Miller Street) of the Miraloma Avenue/Miller Street intersection. FiquFe 9 - Approximately 46.8 acres from the General Industrial to the Conservation/Water Use designation. Subject area is generally located south of La Jolla Street, west of the Carbon Creek Channel, north of Miraloma Avenue and east of Kraemer Boulevard. Fiqure 10 - Approximately 10.7 acres from the General Industrial to the General Commercial designation. Subject area is generally located at all four legs of the Kraemer Boulevard/Miraloma Avenue intersection. Fiaure 11 - Approximately 10.7 acres from the General Industrial to the General Commercial designation. Subject area is generally located at the northeast, southeast and southwest corners of the Red Gum Street/Miraloma Avenue intersection. Fiqure 12 - Approximately 5.0 acres from the General Industrial to the General Commercial designation. Subject area is generally located at the northeast and southeast corners of the Blue Gum Street/Miraloma Avenue intersection. Fiqure 13 - Approximately 52.9 acres from the General Industrial to the General Commercial designation. Subject area is generally located south of La Palma Avenue, west of Shepard Street, north of the SR-91 Freeway and east of White Star Avenue. (Note: Figure 13 has been revised to include the parcels located at the southeast corner of La Palma Avenue and Shepard Street as part of the proposed General Commercial designation. As such, the acreage proposed for redesignation has been increased to approximately 56.8 acres.) Fiqure 14 - Approximately 9.1 acres from the General Industrial to the General Commercial designation. Subject area is generally located at all four legs of the Blue Gum Street/La Palma Avenue intersection. (Note: Figure 14 has been deleted from the proposal.) Fiqure 15 - Approximately 13.7 acres from the General Industrial to the General Commercial designation. Subject area is generally located at all four legs of the La Palma Avenue/Richfield Road intersection. (Note: Figure 15 has been revised to delete the northwest corner of the intersection from consideration.) Fiqure 16 - Approximately 23.8 acres from the General Industrial to the General Commercial designation. Subject area is generally located at all four legs of the La Palma Avenue/Lakeview Avenue intersection. Fiqure 17 - Approximately 58.1 acres from the General Industrial to the Conservation/Water Use designation. Subject area is generally located south of La Palma Avenue, west of Fee Ana Street, north of the Santa Ana River Channel and approximately 570 feet east of the centerline of La Palma Avenue and Van Buren Street. Fiqure 18 - Approximately 15.7 acres from the General Industrial to the General Commercial designation. Subject area is generally located on the south side of La Palma Avenue, approximately 468 feet west of the 12 CITY OF ~--NAHEIM, CALIFORNIA - COUNCIL MINUTES - AUGUST 8v 1995 centerline of La Palma Avenue and Imperial Highway, and north of the Santa Ana River Channel. 2. Parkst Recreation & Community Services Element To delete the Community Park site designation from the Park Facilities Plan (Figure 5.1) of the Parks, Recreation and Community Services Element. Said site is located south of the SR-91 Freeway, west of the Atchison Topeka and Santa Fe Railroad right-of-way and north of the Santa Aha River. 3. ~nvironmental Resource and Manaaement Element a. Open Space - To delete an approximately 38.7-acre open space area depicted on the Environmental Resources and Management Open Space/Conservation Element Exhibit, generally located south of the SR- 91 Freeway, southeast and southwest of the SR-91 Freeway/Tustin Avenue interchange, and north of the Santa Aha River. (The proposed deletion is necessary for internal consistency between subject element and the proposed changes to the Land Use Element as identified above). b. Conservation - To make modifications to Water Use areas as depicted on the Environmental Resources and Management Open Space/Conservation Element Exhibit as follows: (1) An approximately 11.9-acre addition to the Water Use area adjacent to the Santa Aha River and generally located south of the SR-91 Freeway, west of the SR-91 Freeway/Tustin Avenue interchange, north of the Santa Ana River Channel and east of the Atchison Topeka and Santa Fe Railroad right-of-way. (2) Recognizing the approximately 184-acre Warner Basin as a Water Use area in addition to its Sand and Gravel designation. Subject basin is generally located east of Tustin Avenue, south of La Palma Avenue, west of Fee Ana Street and north of the Santa Aha River Channel. (C) To consider and adopt a Specific Plan identifying 6 Development Areas for the Northeast Area which currently encompasses 2,645 acres including the Canyon Industrial Area as well as properties within and surrounding the boundaries of the Redevelopment Project Area Alpha. The Specific Plan anticipates a total buildout area of 29.3 million square feet by the year 2010, of which 21.8 million square feet is existing. Approximately 3.3 million square feet of this existing 21.8 million square feet is anticipated to be reconstructed. Approximately 7.5 million square feet is anticipated as new development. (D) To adopt Zoning and Development Standards to set forth standards, procedures and guidelines for the development of industrial uses, corporate headquarters, research and development, support services, offices and commercial retail areas to serve the demand for a wide variety of goods and services within the Specific Plan area as provided for in Chapter 18.93 of the Anaheim Municipal Code. The proposed Specific Plan zoning designation, SP94-1, will replace the current zoning designations of ML (Limited Industrial), RS-A-43,000 (Residential/Agricultural) and CL (Commercial Limited) in the Canyon Industrial Area. ACTION TAKEN BY THE PLANNING COMMISSION: 13 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - AUGUST 8, 1995 Recommended that the City Council adopt General Plan Amendment No. 334 (PC95-58) (6 yes votes, 1 abstained). Recommended that the City Council adopt Specific Plan 94-1 (including Zoning and Development Standards, Design Plan and Guidelines, a Public Facilities Plan for the Northeast Area Specific Plan, the reconunended conditions and Errata dated May 5, 1995, and the Revisions to the errata dated May 17, 1995) (PC95-59). Approved and reconunended that the City Council acting as a Responsible Agency consider EIR No. 317 as prepared by the Lead Agency (Redevelopment Agency) and approve and adopt the Statement of Findings of Fact (which includes the Rejection of Alternatives), adopt the Statement of Overriding Considerations and pursuant to Section 21081.6 of the Public Resource Code, adopt Specific Plan No. 94-1 "Northeast Area Specific Plan" as the reporting or monitoring plan for the Project, finding that the Northeast Area Specific Plan incorporates measures to mitigate or avoid significant impacts on the environment and will itself act as effective mitigation for potential environmental impacts identified in the final EIR. This Public Hearing was continued from the meeting of June 27, 1995 to this date (see minutes that date where input was received). Lisa Stipkovich, Executive Director of Community Development. This is a project that is extremely important to the Redevelopment Agency and the City and one which Redevelopment staff has worked on for several years with consultants, the Planning Commission, Planning staff, the Redevelopment Commission and property owners. Tonight is the culmination of many years of work not only on the part of staff, but also the property owners in the area. It is very significant in terms of the Redevelopment Agency and the potential revenue that can be generated if the Specific Plan is allowed to go forward and traffic mitigation is allowed to occur. It represents potential growth to the City of up to seven million square feet. It is of enormous benefit in terms of property tax revenue to the Agency. She asked Richard Bruckner, Redevelopment/Economic Development Manager assisted by Mike Welch, Senior Project Manager to give an overview of the Specific Plan as it is currently being recommended. Richard Bruckner, Redevelopment/Economic Development Manager. He gave the historic background of the project from its inception to the presentation before the Council/Agency tonight. The goals of the plan were to sort out uses in the area. The new plan accommodates approximately seven million square feet of new growth. Approximately 40,000 people go to work in the area each day. It is one of the largest if not the largest business center in Orange County. Working from the posted plans of the area, he then described what the different color coded areas .represented in terms of zoning and the uses allowed in those areas. One area where staff is recommending a minor change (Figure 8 - General Plan Land Use Element Map) is at the intersection of Miraloma Avenue and Miller Street where there are a couple of homes, one existing retail use and industrial uses. The property owners/residents wish to retain the industrial land use designation. After discussing the matter with the owners, staff feels there would be no problem retaining the industrial use since there is plenty of area for retail development in the plan. They also reran the traffic model to see if the minor change could be accommodated and it was determined that it could. It is approximately seven acres currently industrial which staff is now recommending remain industrial. Before taking public input, questions were posed by Mayor Daly and Council Members which were answered by staff relating to churches in the industrial area, 14 C~TY OF ANAHEim, CALiFORNiA - COUNCIL ~NUTE8 - &U~UST 8~ ~995 where towing services and accompanying storage yards can locate, what are the plans to market the area, a specific identity for the area, uniform signage and look for the area, possible creation of hardships for businesses presently located in the area, and the consequences should a business wich to expand more than the 20% designated in the plan. Greg Hastings, Zoning Division Manager. Under the Zoning Code, churches are allowed in the industrial zone for three years with three renewals or a total of nine years~ Lisa Stipkovich. If they purchase the property, the church can stay indefinitely if the property is three acres or more in size as Mr. Hastings pointed out. Staff could always work with Planning staff and review the ordinance. They had not looked at that issue in terms of impact in preparing the subject document. Richard Bruckner. He pointed out the specific areas in the plan where tow yards are permitted, all by conditional use with the length of time set as a condition of the use. Lisa Stipkovch. Relative to marketing the area, it is one of the major objectives in the plan. Part of the program in the next five years and the No. I goal is to make it the fastest growing in Orange County in terms of industrial and commercial growth. In addition to signage restrictions and programs, staff will be working on an identity for the area and will be coming back as a Redevelopment Agency with something that is more specific. The program which she introduced in this year's budget presentation will be brought forward in the Economic Development Plan. It will be a business incentive zone called the Anaheim Canyon Business Center. She then gave additional details on the marketing plans for the area. Mrs. Stipkovich also explained that the plan would not create hardships or zone anyone out of business. Any existing non-conforming use would be entitled to continue operating until there was a change. Richard Bruckner. Relative to businesses that might want to expand, under the plan, they could expand up to 20%. After Council discussion on the issue of expansion and a further explanation by staff, Mrs. Stipkovich stated she believes that the 20% expansion limitation could be increased, but that anyone could come in and ask for a CUP beyond 20%. It is not that they could not expand beyond the 20%, but just that they could not do so by right. The plan actually allows people to do a lot more than they previously could because the goal is to encourage development. Mayor Daly. As he understands, under the plan up to a certain expansionpoint, many businesses will now be pre-entitled to proceed whereas in the past, they would have to apply for permits to do so. The point in setting the limit is to consider the carrying capacity of the 2,600 acres. However, if after tonight's discussion the Council/Agency wants to set a higher percentage, perhaps 25 or 30%, they could consider doing so. Mayor Daly asked to hear from anyone who wished to speak on the EIR, General Plan Amendment or Specific Plan. Robert Lynn, Chairman, Community Redevelopment Commission. The Commission has been involved with this project/plan for several years and are fully in support. It eliminates a great deal of "red tape" when people are trying to develop their property. He reiterated, the Commission is strongly in support of the program. 15 CITY OF ~NAHEIMt CALIFORNIA - COUNCIL MINUTES - AUGUST 8, 1995 Vince Taormina, Anaheim Disposal Company/Taormina Industries, 1131N. Blue Gum, Anaheim. He is in support of the EIR and the Specific Plan. He commended City staff in the tremendous work they had done over the past few years on the plan. It has been a long and extensive process and they are very happy with it. William Allen, 1332 N. Miller Street, Anaheim. The area he is in constitutes eight or nine pieces of property, three of which are undeveloped and used as single family. The area traffic wise could not support commercial use and some of the property owners would be greatly affected if they had to develop their properties as commercial later on. They would like their properties left in the industrial designation. They met with staff on August 3 and staff is receptive to the recommendation. Lisa Stipkovich. This is the property mentioned earlier and the minor change recommended in the Specific Plan -- that the property at Mira Loma/Miller be left as industrial. Jeff Farano, Attorney, Farano & Kieviet, 2100 S. State College Blvd., Anaheim. He is representing his client, Mr. J's located at 1074 N. Tustin Avenue, Anaheim, what used to be Bessie Wall's Restaurant. Mr. J's is currently being represented by other legal counsel, Mr. Roger Diamond, engaged in litigation with the City at this time. That is not the purpose of his representation tonight. He is present to discuss the General Plan Amendment (GPA) as it affects restaurants and cocktail lounges associated with restaurants. The Specific Plan being proposed needs adjustment in order to allow the restaurant as it exists today to allow entertainment and a cover charge for entertainment with dining. Mr. Farano then gave the long history of the property and recent occurrences since it has become Mr. J's. Later in the meeting, he clarified his request is not that a public dance hall be allowed as a Permitted right in this area, but that a public dance hall be allowed to be operated as an accessory use or together with a restaurant as permitted by a CUP. They want to be able to have dancing which has a cover charge for the entertainment. Staff said this area does not allow that and the new zoning will not allow it either. Philip Anthony, 2157 Pacific Avenue, Costa Mesa. He is representing three businesses on the south side of Frontera Street between the hotel (Sterling Suites) and the railroad tracks -- Adams Steel, Self-Serve Used Auto Parts, and DBW & Associates. They also own the land in that area. He has previously submitted two letters to the Council (Re: Adams and DBW). He complimented staff on the work they have done. Their property was originally recommended in the early versions for commercial. Subsequently, the Planning Commission recommended an industrial designation and to add a freeway oriented commercial overlay if and when it becomes possible to do and they agree with all of that. They would also like to repeat their request which is in the letters to add the so-called iA recycling overlay. Ail three businesses are strlctly recycling businesses. They also work closely with the Taormina Industries. He is asking the Council to support the Planning Commission recommendation and add to it the lA recycling overlay on Frontera which would present a realistic situation for that property and encourage the best kind of development in the future. Recycling is good at that location because it works. George Adams, Adams Steel Salvage, 3200 E. Frontera, Anaheim. The property is on a landfill and has very limited use. Parts of the property have been for sale for years with no takers. They have conducted recycling on the property since 1976 and because of the limited land use, it will be going on for another 20 years. It was mentioned that their CUP's would be grandfathered in but they are not in existence at the present time. They are in "limbo" because of a Court Order not yet signed by the judge. In light of everything that has happened and 16 CITY OF ANAHEIM, C~LIFORNIA - COUNCIL MINUTES - AUGUST 8, 1995 the long history of recycling on the property, the recycling overlay is an appropriate zoning for the property. Mayor Daly closed the Public Hearing and asked staff to respond to the recommendations/concerns raised. Joel Fick, Planning Director. Relative to Mr. Farano's concern/request in representing Mr. J's, staff's understanding is that a public dance hall be a permitted primary use and be incorporated in the Specific Plan. Staff recommendation is to not incorporate that into the proposed uses. Lisa Stipkovich. Relative to the recycling overlay zone, staff does not feel that it would be appropriate at this time for the properties mentioned (Adams - Self-Serve Used Auto Parts - DBW) one of the reasons being, staff does not have a specific as to what kind of long-term recycling would be going on. With Taormina Industries, they sat down with them to determine their plans for the property. Staff then had to go back and redo all the traffic counts based upon their proposal to expand. They had a very specific proposal to deal with. Putting the Frontera properties into a recycling overlay could allow a variety of recycling uses with no way of controlling them and the types of impacts they would have. She does not believe the EIR would hold up as currently prepared because no consideration was given to what those new impacts on a long-termbasis would be in terms of changing that to an ongoing recycling use. The Planning Commission, Planning staff and Redevelopment staff are not trying to prevent that use from occurring but agree there is a lot of uncertainty because of the land fill, not knowing what is in the landfill, and not knowing the potential impact if such uses are allowed by right and ongoing. As Mr. Adams explained, his CUP is currently in limbo because of the previous determination or threat by the City to terminate the CUP. She understands that the situation has been worked out but the judge has not signed the order. As soon as he does, the CUP would be allowed to continue as long as he meets the stipulated judgment. Joel Fick, answering the Mayor, explained it is his understanding the existing parameters of the CUP would be allowed to remain and any expanded rights that might be requested could also be sought within the parameters of the CUP within the new Specific Plan. Lisa Stipkovich. She explained the difference between the situation on Frontera and the Taormina property. They negotiated an Owner Participation Agreement (OPA) with Anaheim Disposal with a significant dollar amount to be invested by them. What staff can do with the Frontera property is to assess the environmental impact and determine what the long-term issue would be. She clarified for the Mayor that they are looking for certainty relative to the intentions of the property owner(s). City Attorney White then clarified the situation regarding the Adams Steel property. The City Council several years ago held a hearing and revoked the CUP for the recycling center. A law suit was filed by Adams and the corporation challenging that decision. A Stipulation for Judgment was ultimately negotiated between Adams and the City that was actually signed, approved by the City Council, approved by Adams International Metals and others and submitted to a Superior Court Judge for execution. It is still awaiting his signature. The Judge has again made some suggested modifications to the proposed order. His office is working on the matter and hopes to have the document in place in the very near future. His recollection of the judgment is that it actually revokes the CUP but it allows the use to continue in operation for a period of time as a lawful use in that it would be allowed to operate until all of the material, the "fluff" pile on the property, is removed in accordance with the schedule set 17 CITY OF ]LNAHEIMv CALIFORNIA - COUNCIL MINUTES - AUGUST 8v 1995 forth in the stipulation. The order further provides in the event the operation did not meet the schedule, the City could immediately apply for a permanent injunction to stop the use from operating. If the operator meets all of the terms of the stipulation and removes the pile within the time given, he can apply for additional permits to continue with any lawful use on the property at that time including the same use that is there now. If the code is changed to authorize the use as a legal right, he feels they may well be voiding all of the work the City has done up to now in getting the property cleaned up. It is not to say that at some point in the future, the property could not be rezoned or looked at after it is cleaned up. A good deal of time, money and effort has been spent on both sides getting to the point they are at today. He is concerned, if a change is made, it may be undoing everything that has been accomplished thus far. Lisa Stipkovich. Answering Council Member Zemel, explained placing an overlay on the property would give the right for any kind of recycling. Anybody could come in and buy property for any kind of recycling uses that could be a heavy traffic generator. The EIR has not considered such animpact which is different from the Taormina property where they had something to go by in terms of long- range use. She confirmed it is a matter of assessing the impacts of what could occur. There could be a variety of uses with higher traffic generators than what is there now. She also clarified for Council Member Feldhaus that she did, in fact, discuss the matter with Phil Anthony on several occasions. She would also be more than happy to work out an owner ParticipationAgreement with Mr. Adams, DBW or anyone else. Donald Morrow, 695 Town Center Drive, Costa Mesa, Attorney representing Mr. Adams and Adams International Metals - Adams Steel. He negotiated the Stipulation for Entry of Judgment with Mr. White and his staff. The one edit he would have to what Mr. White said, they are not really in a state of limbo. There is a Stipulation for Judgment which is a formal contract binding on the parties. It has been signed by Adams and Adams International Metals Corporation, approved by the City Council, signed by the Mayor and attested to. It is a heavily negotiated agreement which has many provisions that protect the City. It covers the operation of Mr. Adams' business, how long it can operate, what happens when the "fluff" pile is removed, or not removed, etc. It is totally up to the City Council to determine assuming he complies with all the obligations whether they continue to do business. Regardless of what is done with the zoning, his clients are bound by the terms of the document. He is confident there will be a judgment entered shortly that will also make it a binding Court Order. Even if the court did not sign it, the City would still have a binding contract and there is no expiration date of the contract. It has a schedule for the remediation of all the 'fluff" and the property with a "drop dead" date of August, 1998 but there is no termination date of the contract. Council Members Feldhaus and Zemelposed a line of questions revolving around the imposition of the recycling overlay zone and why it could not be implemented at this time which would give some security to the businesses presently located on the property~ Council Member Lopez also commented that he saw no reason not to give them the overlay. During discussion and questioning, Joel Fick, Planning Director explained for the Mayor that it would be highly unusual to grant an open-ended entitlement for an outdoor use of this nature without very specific plans and requirements. He cannot think of an instance where if a property owner was before the City Council requesting an entitlement without plans for a permanent land use for an outdoor 18 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - AUGUST 8, 1995 recycling center that staff would be in a position to recommend favorably. There is also nothing to prevent them from submitting such a plan. City Attorney White reiterated his legal concerns over what would occur if the use would no longer be a conditional use where the City Council can withhold approval. The Council revoked the CUP that entitled the use to operate because of past violations two or three years ago. In a Stipulated Judgment, the parties agreed to allow this operator, even though he no longer has a valid CUP, to continue to operate for the purpose of generating revenue to remove the "fluff" pile because of public interest and health and he is doing that. If for whatever reason the "fluff" pile is not removed and the time table not complied with, the City's remedy is to enforce the contract and have a court enjoin that particular operation. Right now, the code would require a CUP for a new operator. If it becomes a permitted use, there is nothing that would prohibit, the day after the City revokes the operation through the court process, another operator from coming in under entitlement as a permitted, by-right use and start operating. The "fluff" stays and the City then loses the legal ability to have the remainder removed because now the recycling center is a permitted use by right. That is the legal issue. Council Member Feldhaus suggested continuing the matter long enough to give staff an opportunity to come up with some language that would give the owners some security to feel once they have complied, they know they can continue to operate their business. During the course of the discussion, John Poole, Code Enforcement Manager reported that as of June 30, 1995, the business had removed about 150 tons of "fluff" above what the court order would require at this stage so they are ahead of schedule. They started out with approximately 50,000 tons. Mayor Daly surmised, after a line of questions posed to Mrs. Stipkovich, that there is nothing in the proposal that affects the subject property to any great degree. It allows the steel shredding business to continue and the property owner, if he wishes to expand, is free to request that of the City in the future. He suggested that they separate out or continue the request for the recycling zone overlay and ask staff for a report back on the status of the CUP for Adams Steel. Lisa Stipkovich. From their standpoint, the Council could approve the plan as is tonight. Staff could go back and look at the area, find out more about what the possible land uses would be and then determine through the EIR consultant whether they would have to modify the EIR, do an amendment, and subsequently make an amendment to the Specific Plan. City Attorney White. He recommends not separating the two actions. If the Council is inclined to approve the overlay, staff would like to at least have an opportunity to review the information in the EIR to determine if there has been an adequate analysis of the impacts that would be created. It was not specifically analyzed as part of the EIR. John McClendon, Special Counsel on the EIR. The EIR analysis could probably be done fairly quickly with their traffic consultants. The issue is they are presently very tight on many of the intersections presently within acceptable levels of service. At each step of the way, they have documented with their environmental consultants that the level of service at those critical intersections would not change to be a significant adverse impact. The analysis they get back from their traffic consultant could come back promptly; however, it could identify significant new impacts in connection with granting the overlay 19 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - &UGUST 8, 1995 in which case under CEQA they would have to recirculate the EIR which would create another 45-day review period. It there was some other method other than the overlay, perhaps that would be an easier way to accommodate the issue. Otherwise, they could be looking at another two months. Council Member Zemel. Mr. Anthony made a point that the EIR was originally done with the concept that the property would be zoned commercial. Richard Bruckner. The peak-hour trips forindustrial were much greater at the intersections than commercial. Looking at the trips coming from the Taormina facility, it is very traffic intensive and that is the concern. He is suggesting in two weeks they could come back with some alternatives and an idea of the impacts of the overlay. MOTION. Council Member Feldhaus moved to continue the Public Hearing for two weeks. Council member Zemel seconded the motion. Before a vote was taken, Mayor Daly stated he would like staff to elaborate for the Council over the next two weeks as to what an overlay zone means, what the implications are, the status of the existing negotiation process on the CUP and the historic background as well -- a deeper, and more comprehensive background on what has occurred on this property. A vote was then taken on the motion of continuance. MOTION CARRIED. D2. 179: CONTINUED PUBLIC HEARING - WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3751 AND NEGATIVE DECLARATION~ OWNER: REDA A. WASEF, 2324 Corydon, Norco, CA 91760 AGENT: FAYEZ SEDRAK, 1100 North Euclid St., Anaheim, CA 92801 LOCATION: 1100 North Euclid Street. Property is approximately 0.51 acres located at the northeast corner of La Palma Avenue and Euclid Street. To permit an accessory convenience market (with prepared food and off- premise sale and consumption of beer and wine) and an automated car wash with waiver of (A) required trees adjacent to street frontages (APPROVED), (B) required setback adjacent to an arterial highway (DENIED), and (C) landscape requirements adjacent to interior property lines (APPROVED, IN PART). ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3751 GRANTED, IN PART, denying sale of beer and wine (PC95-55) (7 yes votes). Waiver of code requirement APPROVED, IN PART, Waiver (A) APPROVED; Waiver (B) DENIED, and Waiver (C) APPROVED, IN PART, Approved Negative Declaration. HEARING SET ON: A letter of appeal of the Planning Commission's Decision was submitted by the owner, Reda Wasef and Public Hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - June 29, 1995 and July 6, 1995 Mailing to property owners within 300 feet - June 19, 1995 Posting of property - June 23, 1995 The Public Hearing was continued from the meeting of July 18, 1995 to this date since the applicant was not present at that time. 20 CITY OF ~--N~HEIM, CALIFORNIA - COUNCIL MINUTES - AUGUST 8v 1995 Council Member Tait. He is abstaining from any discussion or decision on this matter since he has a conflict. (Council Member Tait left the Council Chamber - 8=54 P.M.). Annika Santalahti, Zoning Administrator. She gave a summary of the project and what is being requested under the CUP. She noted that the posted exhibits included an aerial photograph of the property and even though it was taken in 1986, accurately reflects the corner as it is today. Mayor Daly. It appears that the issue is the denial of the beer and wine. He then opened the Public Hearing and asked to hear from the applicant or the applicant's agent. Reda Wasef, Reda's Mobil, 1100 N. Euclid, Anaheim. He first submitted a 20-page document containing signatures of customers and neighbors under the heading that they support the Mobil Station for a car wash and a mini mart with beer and wine because it will be convenient for the community and it will serve a need and necessity (made a part of the record). What is there now is a three-bay garage. The first bay will be converted to an automatic car wash and the other two bays and the office will be an approximate 2,000 square foot mini mart. The reason the beer and wine was denied was because of the report from the Police Department (see report dated April 7, 1995 from Lt. Jim Flammini) that the crime rate is 49% above the average crime rate and that 13 ABC off-sale licenses have been issued for this district. He contacted five or six different Lieutenants or Sergeants at the Police Department and they did not help him at all. He has been to the Police Department six times trying to get the information on the exact crime rate and even went to the Library to do so. He believes the Police did not provide him with the information because 75% of the crime is burglary and robbery and has nothing to do with beer and wine. At the same time, he applied for the Chevron Station at Ball Road and State College which the Police said is 70% above the crime rate or twice the crime rate in the subject area and they approved the license. The other issue is the closure of the driveway at Euclid. Annika Santalahti. The Commission concurred with staff relative to the closure. Condition No. I requires closure of the most southerly driveway on Euclid. There are two driveways on LaPalma and one left on Euclid. John Lower, Traffic and Transportation Manager. It is a typical condition to close the driveway closest to the major intersection~ Joel Fick. In addition to the traffic enhancements the closure provides, it enables the enhancement of landscaping as well. He also clarified for Council Member Feldhaus that relative to the ratio of beer and wine sales to retail sales, the code permits up to 35%. Council member Feldhaus. Perhaps the Planning Commission should take another look at that. He thought when he was on the Planning Commission it was 10%. Reda Wasef. The closing of the driveway will make it difficult for the gasoline delivery truck to get in and out. Most of his customers are coming from Euclid and not LaPalma. It w£11 drive away his customers. John Lower. They took the truck turn radii and layout which showed that gas truck deliveries could occur by entering on LaPalma and exiting on Euclid. There have been a number of accidents at the intersection -- 15 over the recent one- year period. Three of the drivers were under the influence and seven of the 15 could be attributed to the driveway which they are requesting be closed. There being no further persons who wished to speak, Mayor Daly closed the Public Hearing. 21 CITY OF ~NAHEIM, CALIFORNIA - COUNCIL MINUTES - AUGUST 8, 1995 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. 95R-148 for adoption. Refer to Resolution Book. RESOLUTION NO. 95R-148: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 3751 Roll Call Vote on Resolution No. 95R-148, for adoption: AYES: MAYOR/COUNCIL MEMBERS: Lopez, Zemel, Feldhaus, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: Tait The Mayor declared Resolution No. 95R-148, duly passed and adopted. Council Member Tait entered the Council Chamber (9:06 p.m.). C1. COUNCIL COMMENTS: There are no Council Comments. C2. 112: REPORT ON CLOSED SESSION ACTIONS: City Attorney Jack White stated that there are no actions to report ADJOURNMENT: 1995 wa~adjourned. (9:08 P.M.) LEONORA N. SOHL CITY CLERK By general Council consent, the City Council meeting of August 8, 22