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1994/04/26City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 26, 1994 - 5:00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Feldhaus (entered 6:10), Simpson, Pickler, Hunter, Daly COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl PLANNING DIRECTOR: Joel Fick ZONING DIVISION MANAGER: Greg Hastings A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:35 p.m. on April 22, 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 noting first that there is one addition to the Closed Session items relating to pending litigation under Government Code Section 54956.9(b)(1) relating to a subject, the facts of which are unknown to the potential plaintiff in a potential action against the City concerning an item on today's agenda. It could not be discussed at a meeting subsequent to today and the need to consider the matter arose after the agenda was prepared. MOTION: Council Member Simpson moved to add an item to the Closed Session agenda as articulated by the City Attorney waiving the 72-hour posting provisions of the Brown Act. Council Member Daly seconded the motion. Council Member Feldhaus was absent. MOTION CARRIED. 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 REAL PROPERTY NEGOTIATOR Property: 2000 S. State College Boulevard Negotiating parties: Anaheim Stadium Associates and City of Anaheim Under Negotiation: Price and Terms CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: 1501 and 1551 South Douglass Road, Anaheim Negotiating Parties: Herbert P. Douglass and Eleanor C. Douglass, Trustees; and Herbert P. Douglass and Theodore R. Douglass, Trustees Under Negotiation: Terms of Lease CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: David Mill Employee Organization: Anaheim Firefighters' Association CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: David Hill Employee Organization: Non-Represented employees 2O5 City Hall, Anaheim, Cal£fornia - COUNCIL MINUTES - APRIL 26, 1994 - 5:00 P.M. 5. CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: David Hill Employee Organization: IBEW Local No. 47 LIABILITY CLAIMS Claimant: Mary Larsen Agency claimed against: City of Anaheim LIABILITY CLAIMS Claimant: Wayne Parkola Agency claimed against: City of Anaheim 8. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a} - EXISTING LITIGATION Name of Case: Campanula Properties, Inc., vs. City of Anaheim, et al, Orange County Superior Court Case No. 72-19-85. PENDING LITIGATION Government Code Section 54956.9(b)(1) relating to a subject, the facts of which are unknown to the potential plaintiff in a potential action against the City concerning an item on today's agenda. RECESS: Council Member Daly moved to recess into Closed Session. Council Member Simpson seconded the motion. Council Member Feldhaus was absent. MOTION CARRIED. (3:13 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members' being present with the exception of Council Member Feldhaus who had left the Council Chamber at approximately 5:00 p.m., and welcomed those in attendance to the Council meeting. (5:12 p.m.). MOMENT OF SILENCE: Mayor Daly asked for a moment of silence as a tribute to and on the passing of Former President Richard M. Nixon. INVOCATION: The invocation was by Father John P. Lenihan, Pastor of St. Boniface Church who also remembered President Nixon in his invocation. FLAG SALUTE: Council Member Bob Simpson led the assembly in the Pledge of Allegiance to the Flag. Mayor Daly, Council Members and the Chamber audience then welcomed back Council Member Irv Pickler noting how much he was missed and wishing him continued progress in his recuperation from a recent automobile accident. 119: PRESENTATION - RECYCLING MARKET DEVELOPMENT ZONE CERTIFICATE: Mr. Ed Heidig, Member of the Integrated Waste Management Board explained the function of a Recycling Market Development Zone following which he asked Mayor Daly to come forward on behalf of the City to accept a certificate signed by Jeff Huff, Chair of the California Integrated Waste Management Board. At the conclusion of the presentation, Mr. Bill Taormina, President, Anaheim Disposal wanted the citizens of Anaheim to know what this means to Anaheim - mainly, many new jobs and growth for the City. Mayor Daly stated that special commendation is also in order for Lisa Stipkovich, Executive Director of Community Development; Tom Wood, Deputy City Manager & Director of Maintenance and Doris Roush, Streets and Sanitation 206 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 26, 1994 - 5:00 P.M. Manager who worked so hard to make this very innovative program happen in the City of Anaheim. 119: PROCLAMATION: The following proclamation was issued by Mayor Daly and authorized by the City Council: Recognizing May 2, 1994, as Meals on Wheels Day in Anaheim The proclamation was accepted by Richard Maus, Meals on Wheels President who thanked the Council and subsequently made a plea for volunteer drivers for the program. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,417,357.57 for the period ending April 22, 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. (5:23 p.m.) Mayor Daly reconvened the City Council meeting. (5:29 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Gina Beitler (AMEA). Her understanding is the City is not going to observe tomorrow's National Day of Mourning that President Clinton called for former President Richard Nixon. Mrs. Beitler then outlined all the reasons why she feels the Council should honor the day of mourning and close City Hall so that proper respect can be paid to a former president, a native of California born and raised in a nearby City. Jeff Kirsch, 2661 W. Palais, Anaheim. He again expressed his concerns as he did in previous meetings relative to the subsidy the City is giving to the Los Angeles Rams in the sublease agreement for the Juliette Low School. He had asked where the money was going to come from but did not get an answer. He then referred to a recent newspaper article about the City possibly adding 22 more police officers with the money to be generated by new right-of-way acquisition fees. He is concerned with such a scheme when on the other hand the City, in his opinion, is giving special interest subsidies to groups like the Rams. PUBLIC COMMENTS - AGENDA ITEMS: There were no public comments on City Council agenda 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 April 26, 1994. Council Member Pickler seconded the motion. Council Member Feldhaus was absent. 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 207 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 26, 1994 - 5:00 P.M. Feldhaus was absent. Council Member Pickler offered Resolution No. 94R-69 for adoption. Refer to Resolution Book. Al. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Barry M. Lawrence, the Ail American Awning Co., for property damage sustained purportedly due to actions of the City on or about February 21, 1994. b. Claim submitted by Wayne A. Parkola, c/o Rodney E. Moss, esq., for bodily injury sustained purportedly due to actions of the City on or about October 15, 1993. c. Claim submitted by Mary Larsen, c/o John Q. Adams, for bodily injury sustained purportedly due to actions of the City on or about October 15, 1993. d. Claim submitted by Louise P. Madden for property damage sustained purportedly due to actions of the City on or about December 21, 1993. e. Claim submitted by Ball Glide Products, Inc. for property damage sustained purportedly due to actions of the City on or about March 14, 1994. f. Claim submitted by Okeh Caterers for property damage sustained purportedly due to actions of the City on or about December 5 through December 15, 1993. g. Claim submitted by Allstate Insurance, Insured - Charles Naughton, for property damage sustained purportedly due to actions of the City on or about February 10, 1994. h. Claim submitted by Farmers Insurance, Insured - Diane Goldwater, for property damage sustained purportedly due to actions of the City on or about December 10, 1993. i. Claim submitted by Shirley M. Boydstun for property damage sustained purportedly due to actions of the City on or about December 11, 1993. Claim recommended to be accepted: a. Claim submitted by Jean Chapman for property damage sustained purportedly due to actions of the City on or about November 11, 1993. A2. 117: Receiving and filing a Summary of Investment Transactions for March, 1994, as submitted by the City Treasurer. 105: Receiving and filing minutes of the Community Services Board meeting held March 10, 1994. 105: Receiving and filing minutes of the Senior Citizens Commission meeting held March 10, 1994. A3. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held March 2, 1994. 208 City Hallr Anaheimr California - COUNCIL MINUTES - APRIL 26~ 1994 - 5:00 P.M. A4. 123: Approving an Agreement with Hellmuth, Obata, and Kasabaum, Inc., Sports Facility Group, in an amount not-to-exceed $245,000 for architectural and engineering work for rebuilding the damaged structure and video display unit at Anaheim Stadium. A5. 123: Approving a six month time extension for the completion of a $100,000 Transit Capital Improvement grant from June 30, 1994, through December 31, 1994, (for the design of pedestrian improvements at the Anaheim Stadium Rail Station). A6. 123: Waiving Council Policy 401 and approving a First Amendment to Agreement with Turner Construction Company, in the amount of $158,000 to provide project representative services for construction of the Anaheim Stadium Earthquake Damage Repair Project. A7. 123: Authorizing the execution of an Assignment and Assumption Agreement with Elite Services, Inc., to reflect a change in the corporate name to Elite Maintenance Services, Inc., dba Coast Maintenance Services. A8. 128: Receiving and filing the Monthly Financial Analysis presented by the Director of Finance for six months ended December 31, 1993. A9. 116: Approving the JTPA Job Training Plan for Program Years 1994 and 1995, and authorizing the Mayor to execute the Plan in conjunction with the Anaheim Private Industry Council. Al0. 177: Approving the Regional Housing Needs Report for fiscal year 1992- 93, and submitting said report to the State Housing and Community Development Department. Ail. 123: Approving an Agreement with Pacific Bell to permit patrons of the Pearson Park Theatre to use the enclosed parking lot located at Lincoln Avenue and Anaheim Boulevard, at no cost to the City. Al2. 184: Reviewing the need for continuing the Fourth Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on April 5, 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. Al3. 184: Reviewing the need for continuing the Second Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on April 5, 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. Al4. 113: RESOLUTION NO. 94R-69: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (City Clerk's Office). Roll Call Vote on Resolution No. 94R-69 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Pickler, Hunter, Daly None Feldhaus The Mayor declared Resolution No. 94R-69 duly passed and adopted. 209 City Rall~ Anaheim~ California - COUNCIL MINUTES - APRIL 26~ 1994 - 5=00 P.M. END OF CONSENT CALENDAR. MOTIONS CARRIED. ITEMS BI - B6 FROM THE PLANNING COMMISSION MEETING OF APRIL 4r 199a INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 26~ 1994 B1. 179: RECLASSIFICATION NO. 93-94-08 AND NEGATIVE DECLARATION: OWNER: Living Stream, a California Non-profit Corporation, 1853 W. Ball Road, Anaheim, CA 92804 AGENT: Andrew Yu, 1853 W. Ball Road, Anaheim, CA 92804 LOCATION: 1301 S. Empire Street. Property is approximately 2.97 acres located on the west side of Empire Street and approximately 700 feet south of the centerline of Ball Road and further described as 1301 S. Empire Street. To reclassify subject property from the RS-A-43,000 (Residential/ Agricultural) Zone to the RM-3,000 (Residential, Multiple-Family) or a less intense zone to construct a 2-story, 40-unit, condominium complex. ACTION TAKEN BY THE PLANNING COMMISSION: No action take due to a tie vote on Reclassification No. 93-94-08 - referred action to City Council (3 yes votes, 3 no votes, and i absent). Approved Negative Declaration. Scheduled for a City Council public hearing on May 17, 1994, at 6:00 p.m. Mayor Daly. Relative to the tie vote, he asked if it was within their prerogative to send the matter back to the Planning Commission and ask them to attempt to make a decision on the item with a full Commission. City Attorney White. It appears the reason for the tie vote was because one of the Commission members was absent. Joel Fick, Planning Director. The Planning Commission heard the item on two different occasions and had two different members absent on two different dates. It is conceivable that the Council could refer the matter back for a full Commission vote. City Clerk Sohl explained that the item was in the process of being advertised for the public hearing before the Council but that it could be withdrawn. She does not believe the formal advertising has yet been published. City Attorney White. If this goes back to the Planning Commission, they have already considered all of the evidence. He does not believe it will be necessary to notice this as a new public hearing. In his opinion, the matter need not be readvertised. Hopefully all seven members will be present so that a full Commission decision can be made. That final decision would be subject to an appeal to the Council or requested by the Council itself. He clarified for Council Member Hunter that if it is referred back, they will not advertise it but will notify the applicant that the matter is going back to the Planning Commission and the date that will occur which will be the next Commission meeting. It will appear on their agenda for a vote and hopefully not a tie. It will not come back to the Council at all unless there is an appeal. MOTION: Council Member Daly moved to refer the subject reclassification back to the City Planning Commission for a full Commission vote. Council Member Simpson seconded the motion. Council Member Feldhaus was absent. MOTION CARRIED. 210 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 26, 1994 - 5~00 P.M. B2. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3666 AND MITIGATED NEGATIVE DECLARATION: OWNER: Convention Center Inn, Limited Partnership, Attn: Ashik Patel, 1734 S. Harbor Blvd., Anaheim, CA 92802 AGENT: John Swint, 707 W. North St., Anaheim, CA 92805 LOCATION: 2017 South Harbor Boulevard (Convention Center Inn). Property is approximately 3.3 acres located on the west side of Harbor Boulevard and approximately 380 feet south of the centeriine of Convention way and further described as 2017 S. Harbor Boulevard. To permit an 84-foot high, 5-story, 312-unit motel complex, including the demolition of a 78-unit building and a 3,800-square foot restaurant, remodel of the existing 122-unit building, and construction of a 190- unit building and a 5,776-square foot restaurant with waivers of (a) minimum number of parking spaces, (b) minimum structural setback, (c) permitted encroachment into front setback, (d) required landscaping of surface parking lot, (e) required landscaping adjacent to parking structures and (f) permitted signs for motels/hotels. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3666 GRANTED, IN PART, (PC94-44) (6 yes votes, 1 absent). Waiver of code requirement APPROVED, IN PART: Approved Waiver A on the basis that the Traffic and Transportation Manager reviewed and approved the traffic study submitted by the applicant. (6 yes votes, i absent) Approved Waiver B on the basis that it relates to a building that already exists and will be retained. (6 yes votes, 1 absent) Denied Waiver C on the basis that the electrical transformer can be relocated behind the proposed 190-unit building. (6 yes votes, 1 absent) Denied Waiver D on the basis that 30, 24-inch box trees will be provided for the surface parking area. (6 yes votes, 1 absent) Approved Waiver E on the basis that the nature of the architecture adequately screens the parking structure with the 19 proposed trees. (6 yes votes, i absent) Approved, in part, Waiver F. Approved a zero (0) setback subject to the sign plan being redesigned following the design criteria which will be provided by staff consistent with the new sign ordinance being prepared for the Anaheim Resort Specific Plan Area. Accepted withdrawal of the 30-foot hanging sign as originally requested by the applicant. (5 yes votes, I no vote, and i absent) APPROVED Mitigated Negative Declaration. B3. 179: CONDITIONAL USE PERMIT NO. 3670 AND NEGATIVE DECLARATION: OWNER: So Kuen Lau and Yuk Ting Lau, 8922 Ernest Folsom, Garden Grove, CA 92641 AGENT: Allen David Ornstein, 5295 Cameron Dr., Apt. 408, Buena Park, CA 90621 LOCATION: 314 N. Beach Blvd. (The Electric Circus) Property is approximately 0.67 acre located on the east side of Beach Blvd. and approximately 1,050 feet north of the centerline of Lincoln Avenue and further described as 314 North Beach Blvd. (The Electric Circus) To permit on-premise sale and consumption of alcoholic beverages within an existing restaurant/billiard center with live musical entertainment. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3670 GRANTED, for one year (PC94-45) (5 yes votes, 1 no vote, and 1 absent). Approved Negative Declaration. 211 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 26, 1994 - 5~00 P.M. Mayor Daly. He noted that staff recommended approval of the request and he wanted to make certain the Police had a chance for input. Greg Hastings, Zoning Division Manager. They received a memo from the Police Department recommending approval only if conditions were imposed and the Planning Commission did impose those conditions as part of the request. He clarified for the Mayor that the permit is for one year and the burden is on the applicant to reapply after one year to the Planning Commission. Council Member Pickler. He would like staff to maintain a surveillance of the business and report back in 6 months; Greg Hastings. There was a requirement that there be Code Enforcement inspections made every weekend for the first 60 days and then once a month thereafter. Mayor Daly also noted that there is a requirement for two uniformed security officers to be present during all live performances. No further action was taken by the Council. B4. 179: CONDITIONAL USE PERMIT NO. 3515 AND NEGATIVE DECLARATION: OWNER: Standard Brands Realty, 4300 W. 19th Street, Torrance, CA 90509 AGENT: E.A. Gentile, 220 Small Way, Anaheim, CA LOCATION: 2145 West Lincoln Ave. Property is approximately 1.19 acres located on the north side of Lincoln Avenue approximately 218 feet east of the centerline of Lindsay Street and further described as 2145 West Lincoln Avenue. Petitioner requests modification of a condition of approval pertaining to hours of operation for a previously approved church with caretaker's living quarters. Petitioner further requests a one-year time extension (retroactive to June 2, 1993) to commence building for subject petition. ACTION TAKEN BY THE PLANNING COMMISSION: Approved amendment to conditions of approval for CUP NO. 3515, and a retroactive extension of time to expire on 6/2/94 (PC94-46) (6 yes votes, 1 absent). Negative Declaration previously approved. B5. 155: THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 - FINAL SITE PLAN REVIEW FOR LANDSCAPE ASSOCIATED WITH THE DISNEYLAND ADMINISTRATION BUILDING SETBACK REALM (ON-SITE LANDSCAPE SETBACK AREA ABUTTING THE ULTIMATE BALL ROAD AND I-5 FREEWAY RIGHT-OF-WAY}. REQUESTED BY: The Walt Disney Company, 500 South Buena Vista Street, Burbank, CA 91521. LOCATION: Property is located at the southwest corner of Ball Road and the I-5 Freeway. ACTION TAKEN BY THE PLANNING COMMISSION: Determined that the final landscape site plans are in substantial conformance with the Disneyland Resort Specific Plan. B6. 179: CONDITIONAL USE PERMIT NO. 2685 - SUBSTANTIAL CONFORMANCE DETERMINATION REQUEST: REQUESTED BY: Yussed Amin, 6101 Chery Avenue, Fontana, CA 92336 LOCATION: 1074 N. Tustin Avenue. Petitioner requests review of revised plans for Conditional Use Permit No. 2685 (to expand a restaurant and cocktail lounge with waiver of minimum number of parking spaces). ACTION TAKEN BY THE PLANNING COMMISSION: 212 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 26, 1994 - 5:00 P.M. Determined that the revised plans are in substantial conformance with the original approved plans and that the new operator would not change the operation as approved by CUP 2685. ITEM B7 FROM THE PLANNINO COMMISSION MEETINO OF APRIL 18t 1994 INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 28, 1994 B7. 170: TENTATIVE TRACT MAP NO. 12697 - REVIEW OF FENCES, WALL, AND RETAINING WALLS: REQUESTED BY: Presley Company of Southern California, 19 Corporate Center, Newport Beach, Ca 92660 LOCATION: Property is located within Development Area 7 of The Highlands of Anaheim Hills Specific Plan $P87-1. Petitioner requests review of fencing plans, including retaining walls and landscaping for Tentative Tract Map No. 12697 (to establish an 11.42 acre, 12-lot (including 4 lettered lots) 240-unit condominium subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Approved Tentative Tract Map No. 12697 - Review of fences, wall, and retaining walls. END OF THE PLANNING COMMISSION ITEMS. Cl. 108: POOL ROOM PERMIT APPLICATION - BELLAS DE NOCHE: Request for pool room permit application was submitted by Antonio Castro, 1609 W. Jan Way, Santa Ana, CA 92704. The business is located at 1827 W. Katella, Anaheim, CA 92804. The applicant is requesting three pool tables in conjunction with the beer establishment. Submitted was report dated April 26, 1994 from the Code Enforcement Division recommending approval of the subject application subject to three conditions as listed on the first page of the report. Joel Fick, Planning Director. He clarified for the Mayor that this permit was for one year and the burden will be on the applicant to request renewal. It is not automatically renewed. Mayor Daly asked if anyone was present to speak on the matter; there was no response. MOTION: Council Member Hunter moved to approve the pool room permit application on Bellas De Noche as requested by Antonio Castro subject to the three conditions as listed in staff report dated April 26, 1994 from the Code Enforcement Division. Council Member Pickler seconded the motion. Council Member Feldhaus was absent. MOTION CARRIED. C2. 114: COUNCIL COMMENTS: Mayor Daly. He has received calls from citizens who live near properties which Caltrans has been purchasing along the ultimate I-5 right-of-way widening. Citizens are concerned with some of the scavenging and theft occurring in the vacated homes. He had discussed the matter with members of City staff a few months ago regarding properties along West Street near santa Ana Street. Staff followed up along with the Police Department and other departments to work with Caltrans to try to limit the problems. He asked the City Manager to submit a brief report to the Council for the next meeting on what steps the City is taking in trying to preserve the peace in some of those neighborhoods. He would like to know what kind of coordinated 213 City Hall, Anaheim, California - COUNCIL MINUTES - A~RIL 26, 1994 - 5500 P.M. effort they can undertake with Caltrans and some of the City departments and perhaps the County transportation authority who have the ability to help improve and coordinate things. Council Member Pickler. Dan Young in Santa Ana had the same problem. He will bring the matter up at OCTA along with Caltrans. Perhaps they can get Caltrans to move a little faster. He has also received calls. Once the structures are vacated, people come in and strip them to the bare walls which creates a lot of problems for those people still living in the area. Mayor Daly stated that the people he has recently heard from were located on Catalpa near Brookhurst. RECESS: By general Council consent, the Council recessed for 10 minutes until the start of the public hearing portion of the agenda. (5:50 p.m.) AFTER RECESS: The Mayor called the meeting to order all Council Members being present along with Council Member Feldhaus who entered the Council Chamber during recess. (6:10 p.m.). C3. REPORT ON CLOSED SESSION ACTIONS: City Attorney White stated that there are no actions to report. SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS: The City Attorney announced that it is appropriate at this time for all those intending to testify at any or all of the public hearings including staff be sworn in at this time. Those testifying were requested to stand by the City Clerk and asked to raise their right hand. The oath was then given. D1. 179: PUBLIC HEARING - 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/REQUEST: The property is located at 1150 North East Street and consist of approximately 1.65 acres located on the southeast corner of Romneya Drive and East Street. Waiver of minimum number of parking spaces for 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. Informational item at the meeting of March 22, 1994, Item Bi. HEARING SET ON: A letter of appeal was submitted by the Agent, Alex Burrola and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - April 7, 1994 Mailing to property owners within 300 feet - April 8, 1994 Posting of property - April 12, 1994 PLANNING STAFF INPUT: See staff report to the Zoning Administrator dated March 3, 1994. Greg Hastings, Zoning Division Manager. Briefed the proposal as outlined in the staff report. 214 City Ha11~ Anaheim, California - COUNCIL MINUTES - APRIL 26~ 199~ - 5:00 P.M. APPLICANT'S STATEMENT: Alex Burrola, agent for the owner, Jerry's Deli. There were two Zoning Administrator meetings and he feels they took care of a lot of the problems and concerns of the neighborhood. About 14 conditions were imposed on the project. They agree with all of the conditions except the ones relating to the requirement for a wall and the trash enclosure on site. It was determined after discussion and clarification that Mr. Burrola did not agree with the imposition of Condition 5, 9 and 10 - Item 10 related to Item 9, the portion relating to the block wall. Relative to Condition 3, on site trash storage, they are willing to comply with the storage but not on site. They would like to relocate it on the alley. City Attorney White. Condition 3 only says that the storage be in a site approved by the Department of Maintenance. It does not require it to be on site. If the alley location is acceptable to the Department of Maintenance~ that would comply with the condition. The condition itself does not appear to be the problem. Joel Fick, Planning Director. Staff would recommend in any circumstances that Condition 3 remain intact as a standard condition, just that the trash location be acceptable to the Department of Maintenance. On Condition 5 it is conceivable Maintenance could approve the trash location in the alley. The reason a separate condition is attached in conjunction with the on-site location was to move the trash location out of the rear portion. That had an impact on the multiple family. If it could be designed in a manner which would not negatively impact that situation, there could be a location that could be found acceptable. Alex Burrola. Talking to the owner, Jerry Wong, he did not find it acceptable to be on site in the parking area. He confirmed they would like to put it in the alley on the south side. They do not want the block wall at all and do not want to close the driveway from Briarwood. Putting up the wall takes away two parking spaces. They do not want the center blocked off. It will bring down business. He then briefed the parking plan which was worked out with Mr. Yalda of the City's Engineering Department. The last report shows they needed ll6 spaces. He does not know how those numbers changed because previously 110 spaces were the City code. He was working to meet the 110. Working with Mr. Yalda, they achieved 111. With the trash enclosures, increase in security, increase of lighting in the center and restriping where the parking will be within the center, he feels they have taken care of every concern the residents have. They do not feel it is fair to construct the wall because it will decrease business. Expanding the deli is a minor project compared to all the improvements that will be made. Mayor Daly opened the public hearing. 215 City Hall, Anaheimt California - COUNCIL MINUTES - APRIL 26, 1994 - 5=00 P.M. PUBLIC DISCUSSION - IN FAVOR= Jerry Wong, owner. He first gave the background history on the center. He then stated he does not know how it came to be that he should put a wall in the rear of the center. The Fire Department has to get in and out and East Street is going to have heavy traffic. It does not make sense to him to close the driveway. He has a nice center which creates tax income for the City. He just wants to put a half dozen tables next door. If it is turned down, he can rent the space for other retail business and he does not have to do anything. The center has been in existence for many years. He does not understand the problem about the wall. He would appreciate it if the Council would take the history of the center into consideration. Daniel Benson, Daniel Benson & Associates, parking and traffic consultants for the project. The proposed improvements will benefit the neighborhood as well as the shopping center by providing additional parking spaces to take the need for parking off the streets and in addition to provide other improvements. His observation of the site particularly on the weekends showed that there was an overflow of cars partly because the layout was not efficient. As he drove by tonight, he also saw two people walking out of the shopping center into the neighborhood. The presence of the driveway and the break allows for residents to walk in and out or to drive in if they need to. It is an important factor reducing the need for parking spaces. This minor increase in use will be mitigated by the improvements in the parking lot. The driveway should be left there because it will serve the neighborhood and reduce the number of spaces required. PUBLIC DISCUSSION - IN OPPOSITION: The following people spoke in opposition to the proposal and their comments are summarized: Homer Bartles, 1231 E. Balsam (35 years). He is concerned with the trash situation. It has improved some. He does not believe if they put the enclosure on the alley that tenants are going to carry their trash to that location. There are many trucks and the trucks are washed out into the alley. Cars come out of the center very fast. It is a hazard. He watches people drinking beer day in and day out in the parking lot and urinate on the insurance company's bushes. Their so called security is a joke. The residents have many pictures showing the conditions in the shopping center. Those posted are only a few. W.N. Pratt, 1241 E. Balsam. They do a very bad job of housekeeping. With the prevailing west winds, he ends up with a lawn full of trash which comes out of the center. A wall would please him and stop a lot of trash. He has lived in the area a long time and the center has long been an eye sore. Something has to be done about the conditions of that center. The situation is a safety hazard for the children with people driving out of the rear driveway. They feel strongly about seeing that positive changes are made to the center in any case. 216 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 26, 1994 - 5~00 P.M. Council Member Pickler. He interjected and stated that Mr. Wong already said instead of expanding the deli he can leave it like it is and put another tenant in that space. The center would then remain status quo. He would like to see improvements made. If they cannot get the wall, the other improvements will make for a beneficial change. Mr. Pratt. He is firm in his belief that many things should change whether or not he puts in the deli. It should be clear that the center be cleaned up and a wall installed to stop cars racing in and out and that the trash problem be solved. Steve Chevalier. He owns the house at 1225 E. Balsam. He has a safety concern for the women who walk the area with their children. He worries about the traffic coming out of the shopping center especially after the people have been drinking beer in the lot. As was stated, security is a laughing matter. They are asking for help. The fence would block the trash. Something has to be done about the existing conditions. It is a very unhealthy environment. Pat Chevalier, co-owner of 1225 E. Balsam. She has been a local realtor for 23~ years. Location is the most important aspect in selling a property. This location is the "pits". She does not care if Mr. Wong gets a variance or not unless they get something that will help the neighborhood. The owner has done nothing to improve the property. It needs a facelift. There is a problem in the center before, during and after business hours. The driveway is a nuisance and a hazard. Whether or not the variance is granted, they are asking that the driveway be closed off. They have a petition asking for that to happen. Ray D'Andrea, 1313 Banyan (since 1958). People cannot come and visit him because of the situation around the center with garbage, boxes, dirty diapers, etc. The agent said he talked to the neighbors but he did not talk to him. The situation is horrendous as explained by the previous speakers. If the center was being built today, the wall would have been up. Laura Neff, 1255 E. Balsam. She has three children and lives seven houses down from the center. They frequently see drug dealers at the end of the street. On Briarwood behind the stores, deals are made in front and then they go behind the center. She does not want her kids watching that. If the wall goes up, it will stop a lot of the activity behind the center. They do not like their kids playing out in front without supervision. It is important that something be done because of the kids. Jim Davis, 1307 E. Banyan (30 years). There is urinating in the bushes and this weekend there was urinating in the parking lot. The main thing even more than trash is the safety factor. Cars do not stop when they come out of the center and they do not even look. Hong Vac, 1254 E. Balsam. They are concerned about the safety of their children. People drive on the streets at 45 mph. 217 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 26, 1994 - 5~00 P.M. Mr. Bartles. He again addressed the Council and emphasized the fact that the residents are concerned with what they believe are a number of code violations. The issue is deeper than the request of the applicant to expand the deli. They need help generally from the Council to correct the code violations at the center. Council Member Pickler. He explained if Mr. Wong decides not to expand the deli, he can just leave it as is. He does not know if the City can make him put up a wall and close the driveway. These are issues of concern to him. He is on the side of the residents. If they approve the request with modifications, they may be better off because of the improvements that will be required to do so. They do not have the jurisdiction to go back and change what has been done years ago but they can make the owner put up a wall or close the driveway if the request is approved. He wants to make the area a better place for the people who live in and around the center. SUMMATION BY APPLICANT: Alex Burrola. He first'submitted photographs and then summarized the request referring to the photographs submitted (photos A, B, C, D and E) he also countered the concerns raised by the residents and submitted signatures of those supporting keeping the opening to the center in the rear in order to avoid having to walk all the way around to East Street to get into the center. They are concerned with the resident's concerns and have been working on coming up with solutions to the problems. Mayor Daly asked Mr. Burrola to clarify where he is asking the trash closure to be located since he does not want it located in the parking lot but somewhere in the alley. Mr. Eurrola answered from East Street making a right turn into the alley, there are three parking spaces and the trash enclosure will be in the third space. He also clarified that they do not want to build a wall. Mayor Daly closed the public hearing. Mayor Daly. The Planning staff has suggested conditions which make sense for this property and they have done a good job defining some of the deficiencies. When permits are requested, the opportunity is presented to evaluate the property involved and the impacts on the adjoining neighborhoods. It is clear there are substantial impacts. It was stated if the project were to start from scratch today, many of the existing conditions would not have been allowed. At some point, they have to try to rectify what has become an intolerable situation for some of the immediately adjacent residents. There is ample access off East Street. It is an extreme hardship on the residential neighborhood to endure the traffic from the shopping center. He will be supporting the staff recommended conditions. Council Member Feldhaus. He does not feel it is unreasonable to require the wall. The applicant claims there will be a loss in business should that occur but from what he gathers, the neighbors do not shop at the center anyway. He will also support staff's recommendations. 218 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 26, 1994 - 5~00 P.M. Mayor Daly clarified that there is an extensive report from the Planning staff and the conditions that have been discussed have been recommended by the Planning staff. Council Member Hunter. There are 14 conditions, many of which will hopefully alleviate the trash problem. He then read a number of the conditions. He feels a compromise should be worked out leaving the driveway open, but with some type of wall or fencing along the backside. Mayor Daly. Relative to the pedestrian access, Mayor Pro Tem Hunter mentioned a compromise. He is pleased to see there is support for building a wall along the backside of the property along Briarwood. One solution may be to leave a pedestrian opening but not allow the driveway for cars. However, based on the testimony, there does not seem to be a pedestrian flow from the neighborhood. He feels the driveway must go. It is not safe and it is not necessary for access for the shopping center. He is going to offer the resolution with the inclusion of all conditions recommended by staff. Council Member Pickler asked for clarification for Council Member Hunter relative to a compromise; Council Member Hunter confirmed that it is to leave the driveway open and put up a wall. He does not believe it could be a six-foot wall going right up to the end with a driveway involved. Joel Fick, Planning Director. It would require a step down wall. Council Member Pickler. He agreed with putting up a wall but leaving the driveway and policing the trash situation once or twice a day. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Daly, seconded by Council Member Simpson, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Council Member Daly offered Resolution No. 94R-70 for adoption, granting Variance No. 4237 subject to all conditions imposed by the Zoning Administrator including the wall and closure of the driveway thereby denying the appeal submitted by the applicant. Refer to Resolution Book. RESOLUTION NO. 94R-70: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 4237. Roll Call Vote on Resolution No. 94R-70 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Simpson, Daly Pickler, Hunter None The Mayor declared Resolution No. 94R-70 duly passed and adopted. D2. 179: PUBLIC HEARING - 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 219 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 26, 1994 - 5~00 P.M. AGENT: Mr. Kazuho Nishida, 11166 Venice Blvd., Culver City, CA 90230 LOCATION/REQUEST: The property is located at 125 North Brookhurst Street and 2217 West Lincoln Avenue and is approximately 1.6 acres (on two parcels) located north and west of the northwest corner of Lincoln Avenue and Brookhurst Street with Parcel i 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. i 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 TAKEN BY THE PLANNING COMMISSION: RECLASS NO. 93-94-07 GRANTED, UNCONDITIONALLY, (PC93-37) (5 yes votes, 1 abstained, and i absent). CUP NO. 3667 GRANTED, IN PART, Waivers (A) and (E) APPROVED, Waivers (B), (C), and (D) DENIED (PC93-38). Approved Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Council Member Pickler and Council Member Daly at the meeting of March 22, 1994 and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - April 7, 1994 Mailing to property owners within 300 feet - April 8, 1994 Posting of property - April 12, 1994 PLANNING STAFF INPUT: See staff report to the Planning Commission dated March 7, 1994. Mayor Daly. He set this item for a hearing along with Council Member Pickler because he was concerned with the number of waivers requested. He asked if a representative of the applicant was present. From the audience, a person answered that he was the real estate broker involved representing the seller of the property. City Attorney White. He can speak at the public hearing in favor or even in opposition but he is not in a position to represent the applicant unless he has been designated as the applicant's agent. The Council has the prerogative to continue with the hearing without the applicant present or they could continue it and inform the applicant that his application requires his attendance at the hearing. MOTION: Council Member Pickler moved to continue the subject public hearing to Tuesday, May 10, 1994. Council Member Daly seconded the motion. MOTION CARRIED. 22O City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 26, 1994 - 5:00 Council Member Pickler asked if there were any details on what the car wash will look like. He has seen some others and they look awful. He wants to know what type of car wash it is and are there any detail drawings. Joel Fick, Planning Director. There are some schematics. Staff will make sure his interest is made clear to the applicant for the presentation at the meeting of May 10, 1994. Mayor Daly. He agrees it would be helpful to have more details on what is being proposed, a real specific design scheme or as much as they can get because of the unique nature of the property. ADJOURNMENT: By general Council consent the Council meeting was adjourned. (7:24 p.m.) LEONORA N. SOHL, CITY CLERK 221