1994/03/22City Hall, Anaheim~ California - COUNCIL MINUTES - MARCH 22, 1994 - 5:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
INTERGOVERNMENTAL RELATIONS OFFICERs Kristine Thalman
ZONING ADMINISTRATOR: Annika Santalahti
SENIOR PLANNER: Linda Johnson
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:20 p.m. on March 18, 1994 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Daly called the meeting to order at 3:00 p.m.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. To confer with its Attorney regarding pending litigation pursuant
to Government Code Section 54956.9(a) to wit:
Alvarado vs. City of Anaheim, et al., Orange County Superior
Court Case No. 70-44-71.
Golden West Baseball Co. vs. City of Anaheim, Orange County
Superior Court Case No. 40-92-46; Anaheim Stadium Associates vs.
City of Anaheim, et al., Orange County Superior Court Case
No. 44-81-74.
be
To meet with the City's Real Property Negotiator pursuant to
Government Code Section 54956.8 concerning the lease of property
known as the Juliette Low Elementary School site from the
Magnolia School District and the sublease of said site to the Los
Angeles Rams Football Company.
To meet with and give directions to its authorized representative
regarding labor relations matters - Government Code Section
54957.6.
d. To consider and take possible action upon personnel matters
pursuant to Government Code Section 54957.
eo
fe
To confer with its attorney regarding potential litigation
pursuant to Gover~nt Code Section 54956.9(b)(1).
To consider and take possible action upon such other matters as
are orally announced by the City Attorney, City Manager, or City
Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in closed
session.
By general consent, the Council recessed into Closed Session. (3:00 p.m.)
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City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 22, 1994 - 5:00 P.M.
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(5:11 p.m.).
INVOCATION: Mary L. Hibbard, Anaheim United Methodist Church, gave the
invocation.
FLAG SALUTE: Council Member Frank Feldhaus led the assembly in the Pledge of
Allegiance to the Flag.
119: INTRODUCTION/PRESENTATION - MISS ANAHEIM, 1994:
Earline Jones, Director, Miss Anaheim Pageant introduced Angela Rodriguez,
Miss Anaheim, 1994.
Angela Rodriguez explained that she was an Anaheim "native" and had attended
and graduated from Anaheim schools. She was extremely pleased now to be
representing the City in her new capacity.
Mayor Daly and Council Members congratulated Ms. Rodriguez, presented her with
roses, and wished her success in the forthcoming Miss California Pageant.
119: PRESENTATION - AWARD OF EXCELLENCE:
Mayor Daly presented an award for excellence to Mr. Bill Sweeney, Manager of
the City's Budget and Audit Division recognizing the division for its
operating budget, the budget in brief (tabloid form) and one for the Capital
Project Budget. The combined award is given by the California Society of
Municipal Finance Officers.
Bill Sweeney, Budget and Audit Manager. He explained there were a number of
people involved in the preparation of the three budgets who deserve
recognition as well. He then recognized staff and the departments involved
especially members of his staff - Susan Wynsen, Management Analyst II and Jeff
Stone, Management Analyst II.
The Mayor and Council Members congratulated Mr. Sweeney and his staff on
receiving the prestigious award.
119: DECLARATIONS OF RECOGNITION: Declarations of Recognition were
unanimously adopted by the City Council and presented to Joseph P. Miranda and
William E. Hoyer commending them for their courage and bravery in assisting a
citizen in need.
Police Chief Randall Gaston accompanied by Officer Judy Harman explained the
incident that occurred on January 22, 1994 where both Mr. Miranda and
Mr. Hoyer chased and subsequently apprehended a person suspected of stealing a
women's purse.
Mayor Daly and Council Members personally commended the men for their brave
and unselfish act.
119: THE FOLLOWING WER~ RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE
TO BE MAILED OR PRESENTED AT ANOTHER TIME:
Recognizing April 3 - 10, 1994,
as Days of Remembrance of Victims of the Holocaust
Recognizing April, 1994, as
Occupational Therapy Month in Anaheim
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git¥ Hall, Anaheim, California - COUNCIL MINUTES - MARCH 22, 1994 - 5:00 P.M.
Recognizing Orange County Teen Challenge
for its efforts on behalf of area youth
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,268,434.46 for the
period ending March 18, 1994, in accordance with the 1993-94 Budget, were
approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5:25 p.m.)
Mayor Daly reconvened the City Council meeting. (5:27 p.m.)
ITEMS OF PUBLIC INTEREST: No items of public interest were addressed.
PUBL~Q COMMENTS - AGENDA ITEMS: Public input received on Items A16 and Al9
(see discussion under those items).
MOTION: Council Member Daly moved to waive reading in full of all ordinances
and resolutions to be acted upon for the Council meeting of March 22, 1994.
Council Member Simpson seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Pickler, seconded by Council Member Simpson, the following items were approved
in accordance with the reports, certifications and recommendations furnished
each Council Member and as listed on the Consent Calendar; Council Member
Pickler offered Resolution Nos. 94R-33 through 94R-38, both inclusive, for
adoption. Refer to Resolution Book.
Al. 105: Receiving and filing minutes of the Budget Advisory Commission
meeting held February 16, 1994.
117: Receiving and filing a Summary of Investment Transactions for the month
of February, 1994.
105: Receiving and filing minutes of the Mother Colony House Advisory Board
meeting held January 10, 1994.
105: Receiving and filing minutes of the Community Services Board meeting
held February 10, 1994.
105: Receiving and filing minutes of the Senior Citizens Commission meeting
held February 10, 1994.
A2. 169: Awarding the contract to the lowest responsible bidder, JH Rental,
Inc., in the amount of $40,038.86 for Katella Avenue Median Island - Douglass
Road to 57 Freeway; and in the event said low bidder fails to comply with the
terms of the award, awarding the contract to the second low bidder, as well as
waiving any irregularities in the bids of both the Iow and second low bidders.
A3. 165: Awarding the contract to the lowest responsible bidder, J & B Kovac
Engineering, in the amount of $66,142.60 for Sidewalk Program 1993-94; and in
the event said low bidder fails to comply with the terms of the award,
awarding the contract to the second low bidder, as well as waiving any
irregularities in the bids of both the low and second low bidders.
A4. 113: RESOLUTION NO. 94R-3~: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN
TWO YEARS OLD. (Traffic Engineering Records.)
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City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 22, 1994 - 5:00 P.M.
A5. 158: RESOLUTION NO. 94R-34: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING EXECUTION OF A QUIT CLAIM DEED TO CERTAIN REAL
PROPERTY OR INTERESTS THEREIN. (Pedestrian overcrossing - Caltrans/State
Route 57 at Pioneer Park, R/W 5071).
A6. 173: RESOLUTION NO. 94R-35: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO
ALLOCATE COMBINED TRANSPORTATION PROGRAM FUNDS FOR HARBOR/LEMON/SR-91 FREEWAY
INTERCHANGE PROJECT.
A7. %64: RESOLUTION NO. 94R-36: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING THE MASTER PLAN FOR SEWERS AS IT PERTAINS TO THE
ANAHEIM PLAZA AND REMAINING CENTRAL CITY AREAS.
A8. 164~ RESOLUTION NO. 94R-37: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING THE MASTER PLAN FOR SEWERS PERTAINING TO THE SOUTH
CENTRAL AREA OF ANAHEIM.
A9. 123: Approving an Agreement with Orange County Striping Services, Inc.,
in the amount of $127,000 for street striping maintenance services for the
94/95 fiscal year, with an annual renewal option up to a maximum of five
years.
AiO. 123: Approving an Agreement with Michael Davis, Richard Turner and Ann
Preston, in the amount of $200,000 for artistic services to provide artwork at
the Anaheim Arena in accordance with the Anaheim Arena Art Plan.
All. 123: Approving a First Amendment to Agreement with Anaheim Union High
School District for joint use of school and City facilities for
interscholastic competition and community recreation programs.
Al2. 123: Approving an Installation and Service Agreement with the Orange
County Teachers Federal Credit Union for the installation and service of an
Automated Teller Machine at Anaheim Stadium.
A13. 175~ Authorizing the Public Utilities General Manager to execute the
ballot rejecting the Plan of Reorganization in the Chapter 11 Bankruptcy Case
of S.I.B. Engineering, Inc., on behalf of the City of Anaheim, and to execute
necessary documents accepting any future plan which would result in payment of
an amount greater than or equal to the'present value of this proposal in less
than seventy-three months, and rejecting any future plan which would result in
payment in an amount less than the present value of this proposal and/or which
would require more than seventy-three months to complete payoff.
A14. 123: Approving an Agreement the Anaheim City School District, in the
amount of $37,215 for fifty percent funding of a DARE Officer to present the
DARE Program in selected elementary schools in the Anaheim City School
District from November 19, 1993, through June 30, 1994.
A15. 123: Approving an Agreement with the Boys & Girls Club of Anaheim, in
the amount of $65,000 for capital improvements.
A16. 123: To consider approval of a Second Extension of Sublease with the
Los Angeles Rams Football Company extending the Lease Agreement dated
November 21, 1978, relating to the Juliette Low Elementary School site to
December 31, 2003, with an additional five year option period. (Continued from
the meetings of 1/25/94, 2/1/94, 2/8/94, 2/15/94, 3/1/94, 3/8/94 and 3/15/94.)
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git¥ Hall~ Anahe£m~ California - COUNCIL MINUTES - MARCH 22, 1994 - 5:00 P.M.
Jeff Kirsch, 2661W. Palais, Anaheim. He is again expressing his opposition
to what he sees as a subsidy to the Rams if the agreement is approved. He
does not know if the matter will again be continued but if not, he urged the
Council to deny the subsidy.
City Manager Ruth. The intent is to trail this item until the end of the City
Council meeting today.
MOTION= Council Member Pickler moved to remove Item A16 from the Consent
Calendar. Council Member Feldhaus seconded the motion. MOTION CARRIED.
MOTION: Council Member Pickler moved to trail Item Al6 to the end of the
meeting. Council Member Feldhaus seconded the motion. MOTION CARRIED.
Later in the meeting, (7:23 p.m.) City Attorney White stated prior to
considering Item A16 which was trailed, he would request a very brief Closed
Session to discuss Real Property negotiations concerning this item.
RECESS - CLOSED SESSION~ Council Member Daly moved to recess into Closed
Session. Council Member Simpson seconded the motion. MOTION CARRIED.
(7:25 p.m.)
AFTER R~C~SS: The Mayor called the meeting to order, all Council Members
being present. (7:35 p.m.)
City Attorney White. With regard to this item, his office has been in contact
with legal counsel for the Los Angeles Rams this morning and had a substantive
discussion that they had hoped to be able to be consummated this evening in
the form of approval of the proposed sublease with the Rams. Unfortunately,
he has not had a response from the Rams as yet through their legal counsel.
Therefore, there is no document that he can present to the Council tonight for
approval and recommends that no action be taken at this time on Item A16.
No further action was taken on this item by the Council.
A17. 184: Reviewing the need for continuing the Proclamation of the
Existence of a Local Emergency issued by the Director of Emergency Services on
January 4, 1994, concerning the Santiago Landslide and Pegasus Landslide in
the City of Anaheim; and taking no action to terminate the local emergency at
this time.
Al8. 184: Reviewing the need for continuing the Proclamation of the
Existence of a Local ~rgency issued by the Director of Emergency Services on
January 18, 1994, concerning damage within the City of Anaheim resulting from
the Northridge Earthquake occurring on January 17, 1994; and taking no action
to terminate the local emergency at this time.
A19. 114: RESOLUTION NO. 94R-38: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING THE PROCEDURES AND RULES OF ORDER FOR THE CONDUCT OF
CITY COUNCIL MEETINGS AHD RESCINDING RESOLUTION NOS. 88R-405 AND 89R-315.
Nancy Long, 547 Century Drive, Anaheim. She asked how this action might
impact the public.
City Attorney Jack White. None of the changes proposed will impact or limit
the public's ability to speak at the meeting or affect participation. In
fact, some of the changes should enhance the ability for participation. The
changes to the Brown Act provide the public with additional information it
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City Hall, &naheim~ California - COUNCIL MINUTES - MARCH 22~ 1994 - 5:00 P.M.
does not now get on the agenda. There are also minor "clean up" items which
do not impact the ability of the public to participate in the meeting.
A20. 123: Approving a Sales and Installation Agreement with Sony
Electronics, Inc., in the amount of $3,398,000 for the purchase and
installation of a JumboTron video display system at Anaheim Stadium.
A21. 114: Approving minutes of the Anaheim City Council meeting held
March 8, 1994.
A21a. 139: Opposing SB 1555 regarding public utility service duplication and
authorizing the Public Utilities General Manager to communicate the City's
opposition to members of the Senate Committee on energy and public utilities
and, as necessary, to other appropriate members of the State Legislature.
Submitted was report dated March 21, 1994 from the Intergovernmental Relations
Officer, Kris Thalman recommending the subject action.
City Manager Ruth. He respectfully requested that this item be added to the
agenda and that the Council support opposition to the proposed legislation
which they feel will inhibit municipal utilities in terms of competition with
the private sector should they move into unannexed areas within City
boundaries. This will necessitate waiving the 72-hour posting provision of
the Brown Act. The information was received very late with the hearing set to
be held on April 12, 1994 in Sacramento. It is imperative that the City
testify at the hearing representing the City's interest at that time.
City Attorney White. The Council will need to waive the posting provisions of
the Brown Act and add the additional item as enumerated by the City Manager
with the finding that the City did not become aware that a legislative hearing
had been scheduled on this matter until after the agenda was prepared last
week. The hearing will actually occur before the next Council meeting as
scheduled and, therefore, it is necessary to take action on this matter this
evening.
MOTION: Council Member Pickler moved to waive the 72-hour posting provision
of the Brown Act with the finding as articulated by the City Attorney and
adding this item to the Consent Calendar of today's agenda. Council Member
Simpson seconded the motion. MOTION CARRIED.
At the conclusion of the Consent Calendar, the City Council approved the
proposed action.
Roll Call Vote on Resolut£on Nos. 94R-33 throuch 94R-38, both inclus£ve, for
adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Simpson, Pickler, Hunter, Daly
None
None
The Mayor declared Resolution Nos. 94R-33 through 94R-38, both inclusive, duly
passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 22, 1994 - 5:00 P.M.
A22. 123: PUBLIC HEARING - CABLE TELEVISION - REGULATION OF RATES AND
SERVICES:
To consider approval of an Agreement with MultiVision Cable TV extending time
for consideration of the proposed rates and charges for the basic cable
service tier until June 15, 1994.
Submitted was report dated March 22, 1994 from the Intergovernmental Relations
Officer, Kris Thalman recommending that the Council approve an agreement with
Multivision Cable TV extending time for consideration of the proposed rates
and charges for the basic cable service tier until June 15, 1994.
Kris Thalman, Intergovernmental Relations Officer and Cable Administrator.
Before the Council is an extension agreement with Multivision Cable to extend
consideration of the proposed tv rates for basic cable tv services to
approximately June 15, 1994. She then briefed her report dated March 22,
1994.
Mayor Daly then opened the hearing to receive any public comments.
Nancy Long, 547 Century Drive, Anaheim. She explained that she was concerned
about Multivision Cable TV Service. Last year $29.88 came out of her
household budget for basic cable service and now it is increased to $37.80.
She also has to pay an additional $9.00 for two converters and two controllers
because of changes made which she explained. She is now paying more and
getting less. Her concern is the final amount they have to pay for basic
services and is very concerned about all the manipulation that is going on.
She would like the City representative to know what is happening in the City
of Anaheim on basic cable service.
David McDaniel, 900 S. Philadelphia, Anaheim. When Multivision Cable
rearranged everything, they eliminated channels which used to be a part of the
basic service, pulled them out and started charging for the individual
channels. Channels that were free originally were put in extended basic
service and the rates raised by a large amount. Before, they did not lump the
converter charge in the billing and now it is billed. His bill went from
$26.00 to $33.00 and he had to drop off five channels to get back to where he
was originally. He hopes a lot of consideration goes into this so the Council
can decide what to do by the next hearing.
Mayor Daly. He asked when the issue comes back in June, will there be a
detailed layout of the existing fee schedules vs. the proposed or exactly what
type of information will be brought back.
Kris Thalman. The report done by the communication consultants did a review
prior to the FCC ruling. A detailed report will be submitted to the Council.
City Attorney White. It is staff's recommendation to leave the public
participation portion open as there may be additional comments in June as a
result of additional staff material that will be coming back at that time.
MOTION: Council Member Daly moved to (a) continue the subject hearing as a
open hearing to the Council meeting of June 14, 1994 at 5:00 p.m. and (b)
approving the Agreement with Multivision Cable TV extending the time for
consideration of the proposed rates and charges to June 15, 1994. Council
Member Pickler seconded the motion. MOTION CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 22, 1994 - 5:00 P.M.
ITEMS B1 - B2 FROM THE ZONING ADMINISTRATOR MEETING OF MARCH 3t 19945
DECISION DATE: MARCH 10r 1994 INFORMATION ONLY - APPEAL PERIOD ENDS MARCH 25,
1994:
El.
179: VARIANCE NO. 4237 AND NEGATIVE DECLARATION:
OWNER: Jerry & Rosalie Wong, 1146 North East Street, Anaheim, CA 92805
AGENT: Alex Burrola, 346 Pamela Kay Lane, La Puente, CA 91746
LOCATION: 1150 North East Street. Property consists of approximately
1.65 acres located on the southeast corner of Romneya Drive and East
Street.
Waiver of minimum number of parking spaces to request an expansion of an
existing deli to provide a seating area.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4237 APPROVED (ZA Decision No. 94-04).
Approved Negative Declaration.
$2.
779: VARIA~C~ NO. 4244 AND NEGATIVE DECLARATION:
OWNER: Hitachi Home Electronics (America) Inc., Attn: Yutaka
Matsushima, 3890 Steve Reynolds Boulevard, Norcross, GA 30093
AGENT: Kajima Associates, Inc., Attn: Efran Sanchez, 901 Corporate
Center Drive, 3rd Floor, Monterey Park, CA 91754
LOCATION: 901 East South Street. Property consists of approximately
20.44 acres, with a frontage of approximately 561 feet on the north side
of South Street, having a maximum depth of approximately 1,596 feet and
being located approximately 590 feet west of the centerline of East
Street.
Waiver of minimum number of parking spaces, to establish
warehouse/distribution center with accessory office.
ACTION TAKEN By THE ZONING ADMINISTRATOR:
Variance No. 4244 APPROVED (ZA Decision No. 94-05).
Approved Negative Declaration.
END OFT HE ZONING ADMINISTRATOR ITEMS.
ITEMS B3 - B12 FROM THE PLANNINO COMMISSION MEETINO OF MARCR 7, 1994
INFORMATION ONLy - A~pEAL PERIOD ENDS MARCH 29. 1994:
B3. 179: R~CLASS~F~CAT~ON No. 93-94-05, TENTATIVE TRACT MAP NO. 14866 AND
MITIGATED NEGATIVE DECLARATION:
OWNER: Anaheim Redevelopment Agency, et al, Attn: Brent Schultz, 201 S.
Anaheim Blvd., Anaheim, CA 92805
AGENT: Kaufman and Broad, 180 N. Riverview Dr., Ste. 300, Anaheim, CA
92808
LOCATION: Property is approximately 20 acres generally bounded by
Lincoln Avenue to the north, East Street to the east, Broadway to the
south and the Atchison-Topeka and Santa Fe Railroad right of way to the
west.
Petitioner requests an amendment to conditions of approval by deleting a
condition of approval (pertaining to the recordation of a covenant) from
Reclassification No. 93-94-05 and transferring said condition to
Tentative Tract Map No. 14866.
ACTION TAKEN BY THE PLANNING COMMISSION:
RECLASS NO. 93-94-05 APPROVED (PC94-29) (6 yes votes, i absent).
Tentative Tract Map No. 14866 APPROVED (No action taken by Council at
the meeting of 3/15/94, Item B8.)
Mitigated Negative Declaration previously approved.
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City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 22, 1994 - 5:00 P.M.
B4. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3658 AND
NEGATIVE DECLARATION:
OWNER: Endowment Realty Investors, Inc., c/o TCW Realty Advisors, 865
S. Figueroa Street, Ste. 3500, Los Angeles, CA 90017-2543
AGENT: Sandra Quilty, Commercial Center Management, 865 S. Figueroa
St., Los Angeles, CA 90017-2543
LOCATION: 5620 E. Santa Ana Canyon Road. Property is approximately
10.63 acres located at the southwest corner of Santa Aha Canyon Road and
Imperial Highway.
To permit an 8,710-square foot semi-enclosed restaurant with on-premise
sale and consumption of alcoholic beverages and roof-mounted equipment
with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3658 GRANTED (PC94-30) (6 yes votes, 1 absent).
Waiver of code requirement APPROVED.
Approved Negative Declaration.
ES.
179: CONDITIONAL USE PERMIT NO. 3266 AND MITIGATED NEGATIVE DECLARATION:
OWNER: Anaheim Disposal Inc., Attn: Richard B. Winn, 1131N. Blue Gum
Ave., Anaheim, CA 92815
AGENTs Integrated Waste Management Department, County of Orange, Attn:
Jim Pfaff, 320 N. Flower St., Ste. 400, Santa Ana, CA 92703
LOCATIONs 2780 East White Star Avenue. Property is approximately 1.9
acres located at the northwest corner of La Palma Avenue and Blue Gum
Street and further described as 2780 E. White Star Avenue.
To amend a condition of approval pertaining to the time limitation of a
previously approved household hazardous materials collection facility
operating in conjunction with a recycling/resource recovery transfer
station.
ACTION TAKEN By THE PLANNING COMMISSION:
Approved amendment to conditions of approval on CUP NO. 3266 (PC94-31)
(6 yes votes, I absent).
Mitigated Negative Declaration previously approved.
B6.
179: CONDITIONAL USE PERMIT NO. 3623 AND NEGATIVE DECLARATION:
OWNER: Frank Minissale and Sara Minissale, 111 S. Mohler Drive,
Anaheim, CA 92808
LOCATION: 111 S. Mohler Drive. Property is approximately 1.49 acres
located at the southwest corner of Santa Aha Canyon Road and Mohler
Drive and further described as 111 S. Mohler Drive.
Petitioner requests review of revised plans for a previously considered
convalescent facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3623 - recommended approval of revised plans to City Council
(P¢94-32) (5 yes votes, I no vote, and i absent) see public hearing Item
D1 on today's agenda.
Negative Declaration previously approved.
See Public Hearing Item D1 on today's agenda for action taken by the Council.
E7.
179: ¢OND~T~ONA~ USE pERMIT NO. 346~ AND NEGATIVE DECLARATION:
OWNER: Weir Partners Ltd., 10 Corporate Park, $220, Irvine, CA 92714
AGENT: Joseph Carroll, c/o Weir Partners Ltd., 2910 Redhill Ave., Ste.
210, Costa Mesa, CA 92626; Greg Collins, 2910 Redhill Ave., Ste. 210,
Costa Mesa, CA 92626
LOCATION: 761 South Weir Canyon Road. Property is approximately 11.9
acres located at the southwest corner of Weir Canyon Road and Serrano
Avenue and further described as 761 S. Weir Canyon Road.
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City Hall, Anaheimf California - COUNCIL MINUTES - MARCH 22, 1994 - 5:00 P.M.
Petitioner requests modification of Conditional Use Permit No. 3462 to
permit a 975 square foot expansion to a previously-approved child day
care center and further requests modification to a condition of approval
pertaining to the maximum student enrollment.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3462 APPROVED (PC94-33) (6 yes votes, I absent).
Approved Negative Declaration.
B8. 179: WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT NO. 3663 AND
MITIGATED NEGATIVE DECLARATION:
OWNER: Interchemical Corporation, Attn: Donald R. Smith, 100 Cherry
Hill Road, Parsippany, NJ 07054
AGENT: Griffith Company, Attn: Thomas Foss, 2020 S. Yale Street, Santa
Aha, CA 92704-3974
LOCATION: 1244 N. Lemon Street. Property is approximately 8.12 acres
located on the east side of Lemon Street and approximately 830 feet
south of the centerline of Commercial Street.
To permit the manufacturing of road base material from recycled
asphaltic concrete and one 160 square foot modular office unit with
waiver of maximum fence height.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3663 GRANTED (PC94-34) (6 yes votes, I absent).
Waiver of code requirement APPROVED.
Mitigated Negative Declaration APPROVED.
179~ VARIANCE NO. 4245, CATEGORICALLY EXEMPT. CLASS 11~
OWNER: Redondo Investment Co., P.O. Box 14478, Long Beach, CA 90803
AGENTs Harry S. Weinroth, P.O. Box 1566, San Juan Capistrano, CA 92693
LOCATION: 6330 - 6396 East Santa Aha Canyon Road (Anaheim Hills
Shopping Village). Property is approximately 5.97 acres located at
the southwest corner of Santa Ana Canyon Road and Fairmont Boulevard and
further described as 6330 - 6396 E. Santa Ana Canyon Road.
Waiver of permitted type of shopping center identification signs in the
Scenic Corridor Overlay zone to construct two (2) 60-square foot
internally illuminated freestanding monument signs with multiple-tenant
identification panels.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4245 DENIED (PC94-35) (5 yes votes, I no vote, and
i absent).
The decision of the Planning Commission was appealed by the applicant's agent,
Mr. Harry S. Weinroth of HSW Associates in letter dated March 21, 1994;
therefore, a public hearing will be scheduled at a later date.
B10.
179~ ~ONDIT~QNAL USE PERMIT NO. 3665 AND NEGATIVE DECLARATION:
OWNER: Lederer Anaheim Ltd., Attn~ Les Lederer, 1990 Westwood Blvd.,
3rd. Floor, Los Angeles, CA 90025
LOCATION: 1440 South Anaheim Boulevard (Anaheim Indoor Marketplace).
Property is approximately 14.74 acres located north and east of the
northeast corner of Cerritos Avenue and Anaheim Boulevard and further
described as 1440 South Anaheim Boulevard.
To permit a pawn shop in conjunction with a jewelry store within an
existing indoor swapmeet facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
150
City Hall, Anaheim, California - COUNCIL MIN~JTES - MARCH 22, 1994 - 5:00 P.M.
CUP NO. 3665 GRANTED (PC94-36) (6 yes votes, i absent).
Approved Negative Declaration.
Ell. 179: RECLASSIFICATION NO. 93-94-07, WAIVER OF CODE REQUIREMENT,
CONDITIONAL USE PERMIT NO. 3667 AND NEGATIVE DECLARATION:
OWNER: Allan L. Louderback, Trustee, Oscar William and Dorothy French
Louderback, Trust, P.O. Box 761, Temple City, CA 91780; Marshall L. and
Jane P. Shoemaker, Trust, 1214 Awalt Drive, Mountain View, CA 94040
AGENT: Mr. Kazuho Nishida, 11166 Venice Blvd., Culver City, CA 90230
LOCATION: 125 North Brookhurst Street and 2217 West Lincoln Avenue.
Property is approximately 1.6 acres (on two parcels) located north and
west of the northwest corner of Lincoln Avenue and Brookhurst Street
with Parcel 1 having a frontage of approximately 160 feet on the west
side of Brookhurst Street and Parcel 2 having a frontage of 190 feet on
the north side of Lincoln Avenue and further described as 125 N.
Brookhurst Street and 2217 W. Lincoln Avenue.
To reclassify subject property from the CH (Commercial, Heavy) Zone to
the CL (Commercial, Limited) Zone.
To permit a full-service carwash with related retail sales area (4,244
sq. ft.) and a self-serve automated car wash (1,656 s.f.) on Parcel No.
1 with an automobile lube/oil change facility (2,652 s.f.) on Parcel No.
2 with waiver of (A) minimum landscaped setback adjacent residential
zones-APPROVED, (B) maximum number of freestanding signs-DENIED, (C)
minimum distance between signs-DENIED, (D) permitted location of
freestanding signs-DENIED, and (E) permitted encroachments into required
yards -APPROVED.
ACTION TAFd~N BY THE PLANNING COMMISSION~
RECLASS NO. 93-94-07 GRANTED, UNCONDITIONALLY, (PC93-37) (5 yes votes, 1
abstained, and 1 absent).
CUP NO. 3667 GRARTED, IN PART, Waivers (A) and (E) APPROVED,
Waivers (E), (C), and (D) DENIED (PC93-38).
Approved Negative Declaration.
A review of the Planning Commission's decision was requested by Council
Members Pickler and Daly, and therefore, a public hearing will be scheduled at
a later date.
REPORT AND RECOMMENDATION ITEM~
El2. 179: CONDITIONAL USE PERMIT NO. 3583 - REOUEST FOR A RETROACTIVE
EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL:
REQUESTED BY: A1 Scappaticci
LOCATION: 1860 South Lewis Street.
Petitioner requests a two month retroactive extension of time to comply
with conditions of approval for Conditional Use Permit No. 3583 (to
permit rental and outdoor storage of semi-truck trailers, minor
maintenance/repair and use of a modular office building with waivers of
(a) minimum landscape requirements (b) required parking lot landscaping
and (c) required improvement of outdoor storage and parking areas.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved retroactive extension of time on Conditional Use Permit No.
3583 to expire 8/8/94.
END OF THE PLANNING COMMZSSZON ITEMS.
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B13. 179: ORDINANCE NO. 5419 FOR ADOPTION: Amending Title 18 to rezone
property under Reclassification No. 90-91-14 located at 1242 West Lincoln
Avenue from the CG zone to the CL zone. (Introduced at the meeting of
March 15, 1994, Item B9.)
Council Member Daly offered Ordinance No. 5419 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5419: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING
(RECLASSIFICATION NO. 90-91-14).
Roll Call Vote on Ordinance No. 5419 for adoptions
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Simpson, Pickler, Hunter, Daly
None
None
The Mayor declared Ordinance No. 5419 duly passed and adopted.
ITEM El4 FROM TH~ ~ONING ADMINISTRATOR MEETING OF MARCH 17. 1994,
DECISION DATE: MARCH 18, 1994 INFORMATION ONLy - APPEAL PERIOD ENDS APRIL 2,
1994:
814 ·
~79~ VARIANCE NO. 4166 - RETROACTIVE EXTENSION OF TIME:
REQUESTED BY= Joe Yussef
LO~ATION~ 314 South Helena Street
Petitioner requests a retroactive extension of time (to expire
February 25, 1994) for waiver of maximum structural height to construct
a 10-unit apartment building.
ACTION TAKEN ~Y THE ZONING ADMINISTRATOR:
Approved retroactive extension of time on Variance No. 4166.
Mayor Daly. He asked if this was the first extension of time that has been
requested on this item.
Annika Santalahti, Zoning Administrator. This was an approved apartment
building on Helena Street, below Broadway, across the street from the Bank of
America parking structure. It was approved in 1992 good through January of
1993. This is the first time extension but it was a retroactive time
extension. This is the second year from the approval date. The zoning codes
that have changed which are applicable to the project only have to do with the
landscaping and the front setback. One of the conditions she placed on
approval of the time extension was that they comply with the current landscape
requirement which basically is a specific number of trees in the front
setback. The applicant was concerned but agreed to do it.
C%. COUNCIL COMMENTS:
114: RESTORATION OF COMMUNITY SERVICE PROGRAMS~
Council Member Feldhaus. He would like to suggest that the Budget Advisory
Commission and the Community Services Board or some organizational makeup meet
for purposes of finding and determining ways to address and prioritize ideas
for funding or retention of vital public service programs in the City as
provided in the past. He anticipates the City Manager is going to recommend
further departmental budget cuts which will further adversely affect such
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git¥ Hall, Anaheim, California - COUNCIL MINIrfE$ - MARCH 22, 1994 - 5:00 P.M.
programs. It is necessary to take a proactive approach to retain or
reinstitute some of these vital services.
Later in the meeting (after public hearings) Council Member Feldhaus repeated
his suggestion to the City Manager asking him to recommend some structural
type committee to address the issue.
Council Member Pickler. Me hears what Council Member Feldhaus is saying but
has to know more about what he wants to happen. He does not know what else
staff can do and there are people in the community already working on
committees.
Mayor Daly. Last year, the Council had a joint session with the Budget
Advisory Commission. He asked the City Manager if that was to occur this year
as well.
City Manager Ruth. Staff has proposed such a meeting. The last of
departmental budget hearings are concluding next week. It would be some time
mid April that he would suggest a joint meeting with the Budget Advisory
Commission.
Mayor Daly. With regard to Council Member Feldhaus' suggestion, perhaps a
joint session with the Budget Advisory Commission will be one opportunity to
talk about levels of service and alternative ideas.
Council Member Pickler. The City Manager and the Departments are working on
the budget now and he does not want to divert their attention at this time.
Once they start reviewing the budget, that would be an appropriate time.
There are many things that he would like to see restored as well such as
putting the Libraries and the Parks and Recreation Department back at full
strength. The community is aware of these things and the appropriate time to
address those issues is when the Council discusses the budget.
Mayor Daly. Before the next Council meeting, he suggested that Council Member
Feldhaus refine some of his ideas and determine exactly what he would like
staff to pursue.
Council Member Feldhaus stated that the Com~nunity Services Board needs to be
involved.
City Manager Ruth. He suggested the possibility of setting up a presentation
by the Community Services Board, at least a liaison committee meeting to the
Budget Advisory Commission to explain the budget process. It might help the
Budget Advisory Co~nission to understand the process as well. Me feels they
can do that prior to April 12.
SWEAR-IN QF THOSE TESTIFYING AT PUBLIC HEARINGS:
The City Attorney announced that it is appropriate at this time for all those
intending to testify at any or all of the public hearings including staff be
sworn in at this time.
Those testifying were requested to stand by the City Clerk and asked to raise
their right hand. The oath was then given.
D1. 179: pUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3623 AND NEGATIVE
DECLARATION:
OWNER: Frank Minissale and Sara Minissale, 111 S. Mohler Drive,
Anaheim, CA 92808
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City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 22, 1994 - 5:00
LOCATION/REQUEST: The property is located at 111 S. Mohler Drive and is
approximately 1.49 acres located at the southwest corner of Santa Ana
Canyon Road and Mohler Drive and further described as 111 S. Mohler
Drive. The petitioner is requesting a review of revised plans for a
previously considered convalescent facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3623 - recommended approval of revised plans to City Council
(PC94-32) (5 yes votes, i no vote, and 1 absent).
Negative Declaration previously approved.
HEARING SET ON: Hearing necessitated by the submittal of revised plans to the
Planning Co~mission with a subsequent recommendation to the City Council.
PUBLIC NOTIC~ REOUIREMENTS MET BY:
Publication in Anaheim Bulletin - March 10, 1994
Mailing to property owners within 300 feet - March 10, 1994
Posting of property - March 8, 1994
PLANNING STAFF INPUT=
See staff report to the Planning Commission dated March 7, 1994 (also see
minutes of November 2 and November 16, 1993 when this matter was previously
before the City Council and subsequently sent back to the Planning Commission
for submittal and review of precise plans).
Annika Santalahti, Zoning Administrator. The project went through a number of
hearings at the Planning Commission level starting out as a 94-bed facility.
It was finally approved for 80 beds without any waivers. Specific exhibits
were not submitted at that time. The decision was appealed to the City
Council and subsequently the Council determined it should be sent back to the
Planning Commission with actual revised plans to be submitted by the applicant
in 90 days. The petitioner submitted the revised plans as noted on the
Chamber wall with the parking waiver eliminated. Plans provide for 64 parking
spaces and a minimum setback from Santa Aha Canyon Road. There was a certain
amount of opposition regarding the project at the Planning Commission meeting.
A petition was submitted and two people spoke in opposition. She believes the
Council also received a transmittal today still in opposition to the project.
She confirmed for the Mayor that a letter was also received today from
Thomas and Tamara Tidmore, 245 S. Owens Drive. Mr. Tidmore had appeared in
opposition previously but could not be present today. They are still opposed
feeling it is a commercial project in.a residential zone.
Mayor Daly opened the public hearing and asked to hear from the applicant or
applicant's agent.
Frank Minlssale, 111 S. Mohler Drive. He engaged an architect to do the plans
according to the request of the Planning Commission. He complied with
everything the Planning Commission asked. The building does not look like a
commercial building. There will be no manufacturing, processing foods or no
selling of any products. It is Just a convalescent home. It is about 300
feet away from Mohler Drive on the back side of the project. Trash pickup is
in the back. The kitchen and dinning room area are also located in the back.
There is only one door on Mohler Drive required by the Fire Department for an
exit. He does not know how the neighbors can claim it is a commercial project
and not claim the same for E1 Rancho Junior High School. At three 100-bed
facilities where he did surveys, only six cars entered from 7~15 to 8~15 a.m.
He has been working on a project for the property for 10 years and it finally
should be brought to a decision. He wanted to build homes or sell the lots
for homes but it wasn't possible. He is in an area where he can ask for a
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City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 22, 1994 - 5:00 P.M.
CUP. To deny him all proposals that he makes does not make sense. The
traffic patterns will not conflict with those of the school. He is willing to
put it in writing so the potential owner will know the times he will have to
use for changing shifts.
P%~LIC DISCUSSION -
IN FAVOR~
John Bochette, 273 Del Gorgio Road, Anaheim (33 years). He does
not understand why Mr. Minissale cannot build his place. As he
comes down his driveway in the mornings when school is starting,
there are probably 1,000 cars that go by with mothers taking their
kids to school. The traffic restricts his driveway. He cannot
see any problem with what Mr. Minissale is proposing and is in
favor.
PUBLIC DISCUSSION -
IN OPPOSITIONt
Phlllip JouJon-Roche, 450 Via Vista, Mohler Drive-Del Gorgio area.
He is representing the Santa Ana Canyon Property Owners (SACPOA),
association founded in 1970 to preserve the rural atmosphere of
the Mohler Drive area. Resolution No. 283 of June, 1970 stated
that this area would remain Iow-density residential. The
residents were assured this was going to happen. Basically the
surrounding area is residential with no commercial activities
within at least one-half mile of the property. The Minissales'
have no concern for the adjacent property owners who have
significant amounts invested in their homes. A commercial venture
across the street from those homes will diminish their property
values. Mr. Minissale has attempted many times to develop the
property but has been turned down. Neighbors are very concerned
about a commercial development across the street from their
properties. The school traffic already creates a bad situation
which will be even worse because the traffic will prohibit
emergency vehicles from getting to a care center on the subject
property as well as the possible liability aspects. At a hearing
in May of 1991, Traffic Engineering stated that the intersection
of Mohler and Del Gorgio will not meet the traffic signal warrant
standards of the State so there is no hope of ever getting a
signal at that intersection. He urged the Council to deny the
proposed development. There is some adjacent property also
fronting on Santa Aha Canyon Road owned by Mr. Miller and when he
comes before the Council in a year or two requesting a commercial
project, it will be hard to turn him down. They would like to see
the character of the neighborhood maintained with low-density
residential homes. (Also see Mr. Joujon-Roche's previous comments
in opposition at the meetings of November 2 and November 16,
1993. )
Rodney Agajanian, 120 S. Mohler Drive, Anaheim. Previously there
were quite a few letters written in opposition and a petition was
also circulated and submitted. He is opposed because he is the
one who stands to lose quite a bit in the value of his home as is
his new neighbor. Mr. Minissale indicated he had done a survey at
a 100-bed facility and there were 6 cars in an hour. He
(Agajanian) did a survey on a rest home in Orange where his
grandmother was and the traffic was horrendous as he had
previously reported. It involved the people working at the
facility, the trucks bringing supplies, visitors, etc. If the
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City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 22, 1994 - 5:00 P.M.
consensus is that the proposal will be approved, he has things he
would like to see done. There are no landscape plans and he would
like to see some architectural landscape plans including some
hardscaping, color schemes and what it is going to look like.
Another concern is signage. Those are his concerns if the project
is approved. He would also like to see a time limit placed on the
project and that it be commenced within a year or so. He hopes it
is not just a means to subsequently sell the property to somebody
else. Mr. Minissale is not going to be living there but the
residents will still be living in the area. If the project is not
acted upon in its timely manner, it should be made to revert back
to residential.
Mayor Daly. If the project is approved, staff is recommending a series of
conditions, one being that a landscape plan be submitted to the Planning
Commission for future review and approval by the Planning Commission.
Annika Santalahti, Zoning Administrator. Since the Planning Commission did
not feel what they saw was specific enough, they asked that a landscape plan
come back to them so they could see actual plant materials, distribution and
things like that. This is residential zoning and a convalescent home is
permitted under a conditional use permit. While it is a commercial business
activity, the code acknowledges that it is a use that might be appropriate
conditionally in residential zones sometimes. There is no specific plant plan
required the way they are in commercial zones. The Commission is expecting to
see minimallywhat a commercial zone would have and probably more than that
because of the surrounding residential uses and possibly visibility on
Santa Ana Canyon Road. It is to come back as a report and recommendation
item. There will not be a public hearing. If the Council approves, that
could be modified to require any such plans to be considered at a public
meeting.
Mayor Daly. Staff is recommending that the same process occur for any signs
to be placed on the property, that that also be in the form of a report to the
Planning Commission, not a public hearing but a report so that the public has
access to the information.
Annika Santalahti. The code allows in the scenic corridor overlay by right up
to a 20 square foot sign and the Planning Commission expectation is that it
should be a 20 square foot sign and no one should be processing a variance.
Mayor Daly. He asked if now the plans are as precise as there going to get
with the exception of the landscape and signage; Mrs. Santalahti answered that
was correct.
Rod Agajanian. The Planning Commission mentioned a couple of other conditions
they were going to recommend, one being maximum number of employees. He asked
if that had been done.
Annika Santalahti. She answered yes. That was another recommended condition
that the total number of employees not exceed 35 total employees from all
shifts and that employee work shift breaks were to occur at non-peak traffic
hours. Relative to a time limitation, the standard which would occur in this
instance, they have one year to commence the activity and meet the conditions.
If they do not do that, they would come back to the Planning Commission for a
time extension and the Commission would review any code changes or general
plan changes in granting or denying a time extension. The code still reads
that they can ask several times. There is nothing that automatically
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City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 22, 1994 - 5:00 P.M.
prohibits granting the request except they always consider any changes in the
area or any zoning code changes.
Olen Carrol, 7615 E. Pleasant Place, Anaheim. They built their house in 1975
on one-half acre. The reason they located there was the fact it was to be
residential. In looking at this 80-bed residential care facility to him it is
a hotel and he objects to it.
Jep Sing, 113 N. Mohler Drive, Anaheim, across from the project. He has two
small children and traffic is bad enough now. This is going to make it worse.
Lucille Carrol, 7615 E. Pleasant Place, Anaheim. She hopes the City has done
a study on the right turn from Santa Ana Canyon Road onto Mohler. It is an
equestrian trail and a bike trail. It is a very short right turn and is
already very dangerous. She cannot imagine what will happen with emergency
equipment.
SUMMATION BY
APPLICAN~t
Frank Minissale. The City Traffic Engineer at the Planning
Commission hearing of March 7, 1994 stated that there will be no
undue problems with the additional traffic on Mohler Drive with
the facility he is proposing. Mohler is no longer a rural area
with the school and two shopping centers on Santa Ana Canyon Road.
He urged the Council to consider those things. The architect is
also present if there are questions.
Mayor Daly closed the public hearing.
Council Member Hunter. He would like to make an analogy. A Mormon church was
built on Fairmont and when it was proposed, the Council Chamber was more than
packed. He was vehemently opposed to the church as well since it was a
residential area and his residence was just across Fairmont. Now, 6 years
later, he sees he was totally wrong. The Church has been a blessing to the
area. It did not generate all the traffic that was predicted and none of the
things happened that were supposedly going to be detrimental to the area. The
property was heavily landscaped and there has been no problem in 6 years. The
anxieties that the neighbors are feeling in this case will prove to be
unfounded when the project is built and with proper landscaping. The corner
is going to look a lot better than it does at present. Relative to traffic,
he also believes those fears will be quelled once the project is built.
Mr. Minissale has been working on placing various projects on the property for
10 years. He was there prior to the high school and ended up being land
locked between a school and a shopping center. This is one of the best
projects proposed of all those he has seen come in over the years. The
architect has done his best to make it look as residential as possible. Those
are the reasons he is finally saying yes to the project having opposed all
others in the past. This is a good project. It was approved by the Planning
Commission 5 to 1 and it is time to move on.
Mayor Daly. Mr. Minissale has been attempting for years to design a project
that would meet City approval and be acceptable to the neighborhood. A number
of projects had been denied. He agrees with Council Member Hunter that this
project is an appropriate use for a corner lot such as this and that property
rights are in question with regard to Mr. Minissale's repeated attempts to
develop the property in a way that is economically viable. The Planning
Commission still must review the final plans for landscaping and signage
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before Mr. Minissale can obtain a building permit should the project be
approved.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Hunter, seconded by Council Member Simpson, the City Council approved
the negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant effect on the environment. MOTION CARRIED.
Council Member Hunter offered Resolution No. 94R-39 for adoption, approving
Conditional Use Permit No. 3623 (80 beds) and including that landscape and
signage plans are to be submitted to and approved by the City Planning
Commission. Refer to Resolution Book.
RESOLUTION NO. 94R-39: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3623.
Roll Ca~ Vote on Reso%ution No. 94R-39 for adootions
AYES~
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Simpson, Pickler, Hunter, Daly
None
None
The Mayor declared Resolution No. 94R-39 duly passed and adopted.
D2. ~55: ~UB~IC HEARING - ENVIRONMENTAL IMPACT REPORT NO. 311, GENERAL PLAN
AMENDMENT NO. 336m THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1. AMENDMENT
NO. ~ {~NCLUDING AMENDMENTS TO ZONING AND DEVELOPMENT STANDARDS. THE DESIGN
~AN AND GUIDELINES. AND THE PUBLIC FACILITIES PLAN):
INITIATED BY: The City of Anaheim Planning Commission Per Planning
Commission Resolution No. PC94-11
OWNER: Pyrovest Corp, 848 W. Sunset Blvd., Los Angeles, CA 90012
LOCATION: The proposed amendment area is a rectangularly-shaped parcel
of land consisting of approximately 9 acres located at the southeast
corner of Freedmen Way and Harbor Boulevard in the City of Anaheim. The
proposed amendment area is within the boundaries of The Disneyland
Resort Specific Plan (SP92-1) Parking District and is identified as the
proposed "District A" on the amended Disneyland Resort Development Plan.
The Disneyland Resort Specific Plan No. 92-1 Amendment No. 1 is proposed
to redesignate an approximate 9-acre portion of The Disneyland Resort
Specific Plan from "Parking District" to District "A". Said amendment
includes the removal of District A from the C-R Overlay, the removal of
District A acreage from the East Parking Area Option Plan and the
removal of public parking facilities as a permitted use in District A.
Similar to the C-R Overlay, District A would permit development of
permitted and conditionally permitted uses allowed by the Existing C-R
(Commercial Recreation) Zone as set forth in Chapter 18.48 of the
Anaheim Municipal Code, as it currently exists or may be amended or
superseded in the future. Said amendment also includes text and exhibit
revisions in The Disneyland Resort Specific Plan document to reflect the
new District A.
The Land Use Element of the City of Anaheim General Plan currently
refers to The Disneyland Resort and describes four land use districts
(Theme Park, Hotel, Parking and Future Expansion Area) as well as a C-R
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Overlay. General Plan Amendment No. 336 is proposed to amend the Land
Use Element to revise the description of The Disneyland Resort to
reflect the redesignation of the approximate 9-acre portion of the
Parking District to "District A". District A would continue to be
designated for medium density development allowing up to 75 hotel/motel
rooms per gross acre or 75 rooms per parcel whichever is greater;
however, it would no longer be designated for public parking facility
uses. Hotel/motel accessory uses would continue to be allowed as well
as other visitor-serving uses.
Environmental Impact Report No. 311 was previously certified by the City
Council on June 29, 1993, in conjunction with the approval of General
Plan Amendment No. 331 and The Disneyland Resort Specific Plan No. 92-1.
EIR No. 311 addressed the environmental impacts and mitigation measures
associated with the development of subject amendment area. Staff review
indicates that no additional impacts above those covered in EIR No. 311
would result from the proposed General Plan and Specific Plan amendments
and that previously-certified EIR No. 311 is adequate to serve as the
required environmental documentation for the proposed amendments. In
connection with subject amendments, the adopted EIR Mitigation
Monitoring Program for The Disneyland Resort would be amended to
reference "District A" in Mitigation Measure 3.10.1-8, which pertains to
fair-share provision of funding for fire-related equipment.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended that the previously-Certified EIR No. 311 is adequate to
serve as the required environmental documentation for this request and
modifying the Mitigation Monitoring Program to reference "District A" in
Mitigation Measure 3.10.1-8.
Recommended approval to the City Council of ~eneral Plan
No. 336 (PC94-22).
Recommended approval to the City Council of the Disneyland Resort
Specific Plan No. 92-1 Amendment No. 1, Including the conditions of
approval set forth in paragraph (7) of the February 23, 1994 staff
report to the Planning Commission (PC94-23).
Recommended approval to the City Council of Amendment No. I To The
Disneyland Resort Zoning and Development Standards (PC94-24).
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - March 10, 1994
Mailing to property owners within 300 feet - March 1, 1994
Posting of property - March 4, 1994
PLANNING STAFF INPUTs
See staff report to the Planning Commission dated February 23, 1994.
Linda Johnson, Senior Planner. She briefed the specifics of the project as
contained in the staff report.
City Attorney Jack White. Before the applicant begins his presentation, he
would like to indicate that the City Council and staff have received three
letters in conjunction with the public hearing. One is from Patrick Gibson,
Vice President, Kaku Associates dated March 22, 1994, Cynthia Paulsen,
Palmieri, Tyler, Wiener, Wilhelm and Waldron dated March 22, 1994 and
Mr. Frank Elfend, Elfend & Associates dated March 18, 1994. His
recommendation is that the City Council consider all three of these letters in
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City Hallt Anaheim, California - COUNCIL MINUTES - MARCH 22, 1994 - 5=00 P.M.
conjunction with the final consideration of EIR No. 311 in making the CEQA
finding.
APPLICANT'S
STATEMENT~
Doug Moreland, Director of Construction, Disneyland Resort. The
proposed amendment relates to the public parking facility in the
east parking area. It is important because it is the final step
in resolving the litigation with Anaheim Plaza Hotel. He then
explained the proposed amendment in detail. His presentation was
supplemented by slides. The proposed amendment would implement
the selection of Option 2 - the north-south configuration ensuring
the Anaheim Plaza Property will not be used for the east parking
facility. It would remove approximately 9 acres from the east
parking area and the parking district of the specific plan and put
it into a new district A. It will be subject to substantially the
same zoning and development standards as the affected property is
now subject to under the C-R overlay. It will simply delete the
access allowed by the parking district zoning for the affected
property. To accomplish the change, it is necessary to amend the
general plan land use element. The substance of the amendment is
simple and straight forward. He then summarized the background of
the amendment. The proposed amendment will continue to keep the
three access points off of Freedman Way. On Katella Avenue, there
is a full access point which is divided into an entrance and an
exit and in addition another access point which is provided to
separate out buses from automobiles. The changes will not
increase traffic and would not result in any adverse affects on
traffic flow, street or intersection capacity or level of service
as determined by the City Engineering Department. The Planning
Department determined that no new environmental review was
required. The amendment has the support of both Disney and the
Anaheim Plaza Hotel. They appreciate the Council's review and
consideration and are requesting approval tonight. They
understand comments have been submitted on behalf of Tarsadia
which they have reviewed and do not think any new issues have been
raised. They would like the opportunity to address any concerns
raised by the public tonight. As the City Attorney stated, Kaku
Associates has submitted a letter to the Council which addresses
all the issues raised in the Tarsadia letter.
P~BLIC DISCUSSION -
FAVORs
Cynthia Paulsen, Palmieri, Tyler, Wiener, Wilhelm and Waldron.
Letter dated March 22, 1994 was submitted this afternoon by her
firm. To summarize, they support the Specific Plan Amendment and
the General Plan Amendment and express that there are no
environmental reviews necessary in terms of these additional
amench~ents. In the letter, the settlement an~ng the parties set
forth a strict time line for approval of the amendments and
failure to comply with these deadlines could jeopardize a
relationship amongst the parties.
Larry Pector, 1537 Laster, Anaheim. He is representing Wescor
2000, a group of 1400 citizens formed for the specific purpose of
supporting the project which they feel will be a strong economic
boon needed for Anaheim and the County. This is an opportunity to
do something to the area. It is also nice to have a developer
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like Disney who is going to live in the area after they develop
it. Hearings have been going on for nearly a year. It is time to
resolve all problems and to put their best foot forward.
Dick Clark, President, Anaheim Chamber of Commerce. On behalf of
the Chamber, he is expressing the Chamber's support of the project
and of its continued approval tonight in order to keep it on a
fast track time line. They are in support of the expanded
business and job opportunities for the City and County at large.
John Shultz, General Manager, Anaheim Plaza Hotel. This project
must move ahead. They support 100% what Disney is doing. It is
now time to move on. He wants the Council to approve the
resolution tonight.
PUBLIC DISCUSSION -
IN OPPOSITIONs
Jeff Kirsch, 2661 W. Palais, Anaheim. In approval of the original
project, many homeowners expressed concern and objection to what
they felt to be unacceptable impacts on the quality of residential
life. They do not see any improvement as a result of the changes
to what they feel are still unacceptable mitigated side affects.
He wants the Council to know of his continuing objection.
Mr. Frank Elfend, Elfend & Associates. He is speaking on behalf
of his client Tarsadia. Over a year ago, they initially indicated
they were not opposed to the project and hoped that Disney would
move forward as rapidly as possible. The project will be a very
positive economic benefit to the City. However, he would like to
address concerns of other property owners. He referred to his
letter submitted to the Council dated March 18, 1994. He then
submitted four exhibits for Council review (the first, east and
west parking area options, the second, east parking area options,
and the third, two exhibits on the proposed Interstate 5 Katella
Avenue Interchange - made a part of the record). Each exhibit was
marked in yellow which highlighted the access points into or out
of Disney Resort Parking areas. He noted when adding access
points off Katella as well as Clementine, the potentiality for
some impact to the intersection exists as it affects his client's
property. He then briefed Tarsadia's concerns. Their letter was
sent with the thought that perhaps they could have additional time
to look at the request.
He then explained what occurred and some of the calls he had with
the law firms of Palmieri and Tyler and Latham and Watkins. An
attorney at Palmieri threatened if he (Elfend) spoke to the
Council today there would be repercussions regarding his comments.
He also had an obscure conversation with Latham and Watkins who
indicated how important the agreement was. Mr. Elfend repeated
they are not opposed to the project or the agreement. Their
interests are as it relates to his client. Speaking with Jeff
Smith of Disney, he (Smith) stated that if this was not passed
tonight, it would stop the momentum of the project. As of
tonight, he does not see Disney any farther along than they were
in June. It is not Tarsadia's intent to slow the process down.
They just want some answers. They are also suggesting adding some
type of condition to the amendment whereby Tarsadia could get some
subsequent traffic analysis or within 30 days during the
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referendum period for the ordinance. The agenda indicates a
proposed introduction of the ordinance tonight. He would like to
have them give direction to staff to sit down with Tarsadia to see
how the amendment relates to them. They would like to have some
answers over and above the statement that it is adequate, it is ok
and they should not worry.
Council Member Hunter. The Council is not meeting for the next
two weeks~ it will be three weeks until the ordinance is before
the Council for adoption.
SUMMATION BY
APPLICANT~
Doug Moreland. The whole proposal was before the Planning
Commission several weeks ago. At that time, no concerns were
voiced by Tarsadia. There has been an opportunity for concerns or
further clarification to have been addressed. The issues
Mr. Elfend brought up were the very issues the City's Public Works
Department addressed and looked at in their analysis in terms of
finding the amendment in conformance with the specific plan. The
existing traffic study addressed the issues and the intersections
do not have any change in level of service and traffic. The size
of the structures are exactly the same as on the previously
approved specific plan.
Mayor Daly closed the public hearing and asked the City Attorney or staff if
there were any additional comments.
City Attorney White. A suggestion was raised to possibly place a condition on
the approval tonight. The documentation that has been supplied by Mr. Gibson,
he believes, fully and adequately responds to the concerns raised by Tarsadia
relating to what they believe to be any environmental impacts that may have
been created by the proposed amendment. Under the law, the requirement is if
there have been changes to the project which involved new significant
environmental impacts or which requires technical changes or additions to the
EIR to make it adequate, then it would be appropriate for additional
documentation to be supplied and prepared relating to those amendments.
Mr. Gibson's letter indicates he has reviewed that and he (White) is advised
that the City Traffic Engineer has reviewed and concurs with Mr. Gibson's
opinion that there are no environmental impacts as a result of the proposed
amendment. Staff is always willing to meet with property owners and their
representatives and will continue to do so as requested. Me believes
Mr. Gibson would also be available to meet and discuss any concerns that may
continue to exist with Tarsadia. He will not recommend that the City Council
place an expressed condition on any action they take that relates to a
subsequent study being prepared. Staff's recommendation tonight continues to
be that the Council approve the CEQA Finding, finding that the final EIR
No. 311 is adequate for the proposed amendment and that the Council consider
in conjunction with that EIR the letter from Mr. Gibson as well as the other
two letters and take the actions listed on the agenda on the General Plan
Amendment, Specific Plan Amendment and introducing the ordinance.
Council Member Pickler. He concurs with the City Attorney. He does not feel
they should add conditions. As Council Member Hunter pointed out, the
ordinance will be coming back for adoption in three weeks which will give an
opportunity for the Tarsadia agent to meet with staff and Disney Development.
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Council Member Simpson. He asked Mr. Moreland if he or his representatives
would be willing to sit down at the negotiating table. He does not favor
placing a condition on the approval of the amendment. He is correct that
environmental concerns have been met but those can be met and still perhaps
have operational problems. If those can be resolved by negotiating,
compromise is not a dirty word. He would approve the request under that
condition.
Council Member Hunter. He would echo what Council Members Pickler and Simpson
stated. It appears under the new Amendment A the configuration of the parking
structure that goes along Clementine and the concerns of Tarsadia as it
relates to Clementine, that the respective parties involved at least sit down.
The actual adoption of the ordinance will not take place for three weeks since
the Council will not be meeting until then. In the interim, he suggested that
the parties get together and talk about the ingress and egress from the
parking structure onto Clementine Street.
MOTION: On motion by Council Member Daly, seconded by Council Member
Feldhaus, the City Council Certified EIR No. 311 as being adequate to serve as
the required and finding that EIR No. 311 is adequate to serve as the required
environmental documentation for the subject request and modifying the
mitigation monitoring program to reference "District A" in Mitigation Measure
3.10.1-8. MOTION CARRIED.
Council Member Daly offered Resolution No. 94R-40 for adoption, approving
General Plan Amendment No. 336. Refer to Resolution Book.
RESOLUTION NO. 94R-40: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL
PLAN DESIGNATED AS AMENDMENT NO. 336, EXHIBIT
Roll Call Vote on Resolution No. 94R-40 for adoDtion~
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Simpson, Pickler, Hunter, Daly
None
None
The Mayor declared Resolution No. 94R-40 duly passed and adopted.
Council Member Pickler offered Resolution No. 94R-41 for adoption, approving
the Disneyland Resort Specific Plan No. 92-1 Amendment No. 1. Refer to
Resolution Book.
RESOLUTION NO. 94R-41: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING SPECIFIC PLAN NO. 92-1 FOR THE DISNEYLAND RESORT AND AMENDING
RESOLUTIONS NO. 93R-107; 93R-146 AND 93R-147 ACCORDINGLY.
Roll Ca%l V~t9 9~ Res0~ut$~n No. 94R-41 for adoution:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Simpson, Pickler, Hunter, Daly
None
None
The Mayor declared Resolution No. 94R-41 duly passed and adopted.
Both Council Members Daly and Pickler incorporated in their offering of the
resolutions for approval the various references City Attorney White made
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regarding the correspondence that had been received, the letters submitted by
Palmieri, Tyler, Kaku and Elfend & Associates.
ORDINANCE NO. 5420 FOR INTRODUCTION: Disneyland Resort Specific Plan No. 92-1
AMENDMENT NO. 1.
Council Member Daly offered Ordinance No. 5420 for first reading.
ORDINANCE NO. ~420~ AN ORDINANCE OF THE CITY OF ANAHEIM ON THE DISNEYLAND
RESORT SPECIFIC PLAN NO. 92-1, AMENDMENT NO. 1.
It was at this point in the meeting that the Council recessed into Closed
Session to discuss real property negotiations concerning Item Al6. See action
taken under Item A16.
~ By general Council consent the City Council meeting of March 22,
1994 was adjourned.
LEONORA N. SOHL, CITY CLERK
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