1994/11/08C£tv Hall, Anaheim, Cal£forn£a - COUNCIL MINUTES - NOVEMBER 8~ 1994 - 5=00 P.M.
The City Council of the City of Anaheim met in regular session
PRESENT:
ABSENT:
PRESENTs
COUNCIL MEMBERS: Feldhaus, 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 ADMINISTRATOR: Annika Santalahti
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 2~40 p.m. on November 4, 1994 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Daly called the meeting to order at 4:05 p.m.
REOUEST FOR CLOSED SESSION= City Attorney Jack White requested a Closed
Session noting first that there are no additions to Closed Session items.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closed Session. items.
The following items are to be considered at the Closed Session=
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9¢a~ - EXISTING LITIGATION:
Name of case: City of Anaheim v. C-D III, et al., San Bernardino
Superior Court Case No. SCV-246402; In re Coler, U.S. Bankruptcy
Court Case No. LA92-40047KL~ In re Deutsch, U.S. Bankruptcy Court
Case No. LAg0-o3841WL
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9¢a} - EXISTING LITIGATION=
Name of case: Norman Wright Mechanical Equipment Corp. v. R.P.
Richards, Inc., et al., Orange County Superior Court Case
No. 72-28-63.
3. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
4e
7e
54956.9¢a) - EXISTING LITIGATION:
Name of case: Campanula Properties, Inc., v. City of Anaheim,
Orange County Superior Court Case No. 72-19-85.
LIABILITY CLAIMS
Claimant: Richard Ynlguez
Agency claimed against: City of Anaheim
LIABILITY CLAIMS
Claimant: Margaret Kennedy
Agency claimed against: City of Anaheim
LIABILITY CLAIMS
Claimant: Kristie, Dale and Craig Ferguson
Agency claimed against: City of Anaheim
LIABILITY CLAIMS
Claimant: Mary Lujan
Agency claimed against:
City of Anaheim
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City Hall. Anahe:i.mr Cali£oFnia - COUNCIL MINU'I~S - NOVEMBER 8r 1994 - 5~00 P.M.
RECESS= Council Member Simpson moved to recess into Closed Session. Council
Member Daly seconded the motion. MOTION CARRIED. (4:06 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=10 p.m.).
INVOCATION= A moment of silence was observed in lieu of the invocation.
FLAG SALUTE= Council Member Bob Simpson led the assembly in the Pledge of
Allegiance to the Flag.
119= DECLARATIONS OF RECOGNITION~ Declarations of Recognition were
unanimously adopted by the City Council to acknowledge and con~nend the heroic
efforts of two Anaheim Citizens, Mr. Francisco Diaz and Ms. Maria T.
Guiterrez.
Police Chief, Randall Gaston introduced Mr. Diaz and Ms. Guiterrez and
explained why each was being honored today - Mr. Diaz for singularly pursuing
and apprehending a robbery suspect who had stolen a purse from a 75-year-old
woman and Ms. Guiterrez for talking a potential suicide victim down from a
freeway overcrossing where he was preparing to jump.
Mayor Daly and Council Members personally commended the heroic efforts of the
two individuals and praised their extraordinary and courageous actions.
119= PROCLAMATIONS= The following proclamations were issued by Mayor Daly
and authorized by the City Council=
Recognizing the Annual Anaheim PrsFer Breakfast
on November 17, 1994, as a day of spiritual reaffirmation
Recognizing November 6 - 12, 1994, as KeF Club Week in Anaheim
The Prayer Breakfast proclamation was accepted by Kermit Sutherland,
Jay Walton, Denny Foster and other committee members and the Key Club Week
proclamation was accepted by Carolyn Griebe, Youth Advisor of the Key Club and
Member of the Kiwanis Club of Greater Anaheim, the sponsor of six Key Clubs in
the City.
119: THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DAT~
TO BE MAILED OR PRESENTED AT ANOTHER TIME=
Recognizing December 1, 1994, as World AIDS DaF in Anahei~
Recognizing November 12 - 19, 1994, as "Scouting For Food ~ood Turn Week"
Recognizing November 7-18, 1994, as ~ploFeez Charities Fund Week in Anaheim
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,789,808.27 for the
period ending November 4, 1994, in accordance with the 1994-95 Budget, were
approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5:25 p.m.)
Mayor Daly reconvened the City Council meeting. (5=27 p.m.)
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City Rail, Anaheim. Cal£forn£a - COUNCIL NINUTE$ - NOVEMBER 8r 1994 - 5:00
ADDITIONS TO THE AGENDA: There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST: No items of public interest were addressed.
PUBLIC COMMENTS - AGENDA ITEMS: Public input received on Item A9 (see
discussion under that item).
MOTION~ Council Member Pickler moved to waive reading in full of all
ordinances and resolutions to be acted upon for the Council meeting of
November 8, 1994. Council Member Simpson seconded the motion. MOTION
CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR~ On motion by Council Member Daly,
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 Daly
offered Resolution Nos. 94R-256 and 94R-257 for adoption and Ordinance
No. 5460 for introduction. 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 Ching-Lung Yueh for bodily injury sustained
purportedly due to actions of the City on or about July 6, 1994.
b. Claim submitted by Richard Yniguez, c/o Albro L. Lundy III, esq., for
bodily injury sustained purportedly due to actions of the City on or about
May 21, 1994.
c. Claim submitted by State Compensation Insurance Fund, attn: Richard W.
Candlish, Claim No. SA 170476, Employee: Magdalena Almanza, for bodily
injury sustained purportedly due to actions of the City on or about
May 15, 1994.
d. Claim submitted by Craig Ferguson, c/o Richard L. Quint, APC, for
bodily injury sustained purportedly due to actions of the City on or about
July 16, 1994.
e. Claim submitted by Dale Arthur Ferguson, c/o Richard L. Quint, APC,
for bodily injury sustained purportedly due to actions of the City on or
about July 16, 1994.
f. Claim submitted by Kristie Marie Ferguson, c/o Richard L. Quint, APC,
for bodily injury sustained purportedly due to actions of the City on or
about July 16, 1994.
q. Claim eubm£~ted by Fel£pe Luclo for property damage sustained
purportedly due to actlone of the City on or about October 4, 1994.
h. Claim submitted by Ron Coco for property damage sustained purportedly
due to actions of the City on or about September 24, 1994.
i. Claim submitted by Allan C. De Koning for property damage sustained
purportedly due to actions of the City on or about September 16, 1994.
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City Hall. Anah~£m~ California - COUNCIL ~ZNUTE6 - NOVEI~_~R 8~ 1994 - 5~00 P.~.
j. Claim submitted by Debbie Danton, c/o Arthur H. Barens, esq., for
bodily injury sustained purportedly due to actions of the City on or about
August 20, 1994.
k. Claim submitted by Mary Eleanore Lujan, c/o Michael J. McGuire, esq.,
for indemnity sustained purportedly due to actions of the City on or about
August 20, 1994.
1. Claim submitted by Margaret M. Kennedy, c/o Linda Hart Chandler, esq.,
for bodily injury sustained purportedly due to actions of the City on or
about March 23, 1994 through September 23, 1994.
A2. 105= Receiving and filing minutes of the Coeununity Redevelopment
Commission meetings held September 14, 1994, and September 29, 1994.
105= Receiving and filing minutes of the Anaheim Public Library Board meeting
held September 28, 1994.
140~ Receiving and filing the Anaheim Public Library Monthly Statistical
Report for the month of September, 1994.
105= Receiving and filing minutes of the Golf Advisory Commission meeting
held September 22, 1994.
Council Member Feldhaus. In reading the Golf Advisory Commission minutes, he
asked the status of updating the club house at Anaheim Hills.
City Manager Ruth. There have been some preliminary discussions with the Golf
Commission. They had recently discussed with the Commission implementation of
the new policies to generate additional revenue. In terms of capital
improvements, they have had a preliminary study on that but have not hired any
architect to get conceptual drawings at this point. One of the things they
want to do is try to upgrade the club house. He will get a full report at the
next Council meeting. It is one of the reasons why they have been reluctant
to make any improvements until such time as they come up with the master plan
for the building.
A3. 158= Finding that the sale of city-owned property located on the south
side of Santa Ana Canyon Road, west of Fairmont Boulevard (Old Sari Canal) is
in the best interest of the City (and waiving bid requirements)~ and accepting
the offer received in the amount of $77,000~ and authorizing the Mayor and
City Clerk to sign the Grant Deed. (4/Sths vote required.) (Continued from
the meeting of November 1, 1994, Item Al0.)
A4. 169= Awarding the contract to the lowest responsible bidder, Ste£ny and
Company, in the amount of $269,337 for Citron Beautification - Phase II~ and
in the event said low bidder fails to comply with the terms of the award,
awarding the contract to the second 10w bidder, as well as waiving any
irregularities in the bids of both the low and second iow bidders.
AS. 123~ Waiving Council Policy 401, and approving a two-year letter
agreement with David Taussig and Associates, Inc., in an amount not to exceed
$29,000 per year, for consulting services for a~ministrative responsibilities
and tax rate setting and collection for Community Facilities Districts No.
1989-1, 1989-2 and 1989-3.
A6. 160: Waiving Council Policy 306, and accepting the bid of American
Mailing and Printing Services, in an amount not to exceed $60,160, including
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City Hall, An&helm, Cal£forn£a - COUNCIL MI~S - NOVEMBER 8, 1994 - 5:00 P.M.
postage, for the mailing of the Anaheim Magazine, in accordance with Bid
$5335.
A7. 160: Accepting the low bid of Civic Helicopter Parts, in the amount of
$43,715 for one set of five main rotor blades for Police Helicopter N1607A, in
accordance with Bid $5330.
A8. 160: Waiving C0uncil Policy 306, and accepting the bid of Trend Offset
Printing, in an amount not to exceed $61,076.40 for printing of the Anaheim
Magazine, in accordance with Bid $5334.
Council Member Feldhaus asked if Council will get the opportunity to see the
publication before it goes to press.
City Manager Ruth answered yes. They are running on a tight time schedule but
will make every effort to have the new as well as existing Council Members
review the newsletter. He suggested that they call Bret Colson, the Public
Information Officer and set up an appointment.
A9. 156~ Accepting the bid of Sun Badge Company, in the amount of $29,348.75
for 886 Police Badges for the Police Department.
Jeff Kirsch, 2661 W. Palais, Anaheim. He recalled recent instances at Council
meetings where concern was expressed relative to the availability of funds for
Police resources and funds to complete the newly proposed Anaheim Hills Police
Substation. In light of those concerns, he is wondering if this expenditure
might be left to reprioritization. He is also concerned that there might be
some confusion if there are two badges and asked if there could be a
standardized single badge to eliminate confusion on the part of the public.
City Manager Ruth. The Police Chief in his report to the Council in proposing
the new badges project, the Police have been working on this project for a
number of years. The badge was designed in house. Several cities are
changing to the new badge approach. The entire department was surveyed and
over 90% have committed to buying the old badges back which will offset the
cost of new badges. About 20 officers have expressed a desire to keep the old
badges. Eventually they will be phased out. He reiterated there will be no
cost because of the revenue generated through the sale of the new badges. Of
the 20 that responded that they would like to keep their old badge, most are
plain clothes men.
Al0. 152: RESOLUTION NO. 94R-256: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE CHIEF OF POLICE TO PURCHASE NEW POLICE
DEPARTF~ENT BADGES AND PROVIDE FOR THE DISPOSITION OF BADGES IN CURRENT USE.
All. 123: Approving an Authorization to Order 9-1-1 emergency telephone
equipment from Pacific Bell under the terms of the State of California Master
Agreement, and authorizing the Chief of Police to execute said Agreement and
related documents.
A12. 123: Approving a group mental health services agreement with California
Psychological Health Plan, dba Vista Health plans, for mental health and
chemical dependency services, and authorizing the Human Resources Manager to
sign all required renewal documents on behalf of the City of Anaheim.
A13. 123: Approving an Agreement with UniHealth Employee Service
Corporation/R.E.A.C.H. to provide a mental health and substance abuse program
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City Hall. Anahe£mr Cal£fornia - COUNCIL MINUTES - NOVENB~R 8r 1994 - 5:00 P.M.
to employees; and authorizing the Human Resources Manager to sign all required
renewal documents on behalf of the City of Anaheim.
Al4. 140= Accepting the receipt of grant funds, in the amount of $23,114 for
the Major Urban Resource Library grant which will be administered through the
Central Library; and amending the FY 94/95 budget by increasing revenues and
expenditure appropriations in Fund 217, Program 4273, by $23,114.
A15. 123~ Approving Caltrans Agreement No. 12335 to relocate utility
facilities for the construction of a southbound on-ramp to the I-5 at Loafs
Street and Manchester Avenue intersection, and authorizing the Public
Utilities General Manager to execute said Agreement and related documents on
behalf of the City.
A16. 130= RESOLUTION NO. 94R-~57= A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO EXTEND FOR TWO YEARS THE NON-
EXCLUSIVE FRANCHISE PREVIOUSLY GRANTED TO STORER T.V., INC., HERETOFORE
ASSIGNED TO ML MEDIA PARTNERS, L.P., FOR THE LAYING AND USE OF LINES, WIRES,
COAXIAL CABLE AND APPURTENANCES FOR TRANSMITTING, RECEIVING, DISTRIBUTING AND
SUPPLYING RADIO, TELEVISION AND OTHER CABLE COMMUNICATION SERVICES ALONG,
ACROSS AND UPON THE PUBLIC STREETS, WAYS, ALLEYS, AND PLACES WITHIN THE CITY
OF ANAHEIM. (Setting a public hearing for December 6, 1994, at 5:00 p.m.)
ORDINANCE NO. 5460 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM
EXTENDING FOR TWO YEARS THE NON-EXCLUSIVE FRANCHISE PREVIOUSLY GRANTED TO
STORER T.V., INC., HERETOFORE ASSIGNED TO ML MEDIA PARTNERS, L.P., FOR THE
LAYING AND USE OF LINES, WIRES, COAXIAL CABLE AND APPURTENANCES FOR
TRANSMITTING, RECEIVING, DISTRIBUTING AND SUPPLYING RADIO, TELEVISION AND
OTHER CABLE COMMUNICATION SERVICES ALONG, ACROSS AND UPON THE PUBLIC STREETS,
WAYS, ALLEYS, AND PLACES WITHIN THE CITY OF ANAHEIM.
Council Member Feldhaus. He questioned some of the wording relating to the
recommended action which was answered by the City Attorney.
Roll Call Vote on Resolution Nos. 94R-256 and 94R-257 for adoptionT
AYES=
NOES=
ABSENT=
COUNCIL MEMBERS=
COUNCIL MEMBERS=
COUNCIL NEMBERS:
Feldhaus, Simpson, Pickler, Hunter, Daly
None
None
The Mayor declared Resolution Nos. 94R-256 and 94R-257 duly passed and
adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
ITEMS B1 - Bi! FROM THE PLANNING COMMISSION M~TING OF OCTOBER 17~ 199a
INFORMATION ONLY - APPEAL PERIOD ENDS NOVEMR~R 8r 199&
B1. 179: RECLASSIFICATION NO. 93-94-11t CONDITIONAL USE PERMIT NO. 3687 AND
NEGATIVE DECLARATION:
OWNER: William Taormina, P.O. BOX 309, Anaheim, CA 92815
AGENT: David Stoll, 327 N. Anaheim Blvd., Anaheim, CA 92805
LOCATION= 423 North Anaheim Boulevard. Property is approximately 1.08
acre8 located on the southwest corner of Anaheim Boulevard and Sycamore
Street.
For a change in zone from the CG and PD-C Zones to the CL Zone.
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City Ball. &naheizn~ Cal£foz-nia - COUNCIL MZ~S - NOVEMBER 8~ 1994 - 5~00 P.M.
To permit a bicycle racing track with accessory uses, including a retail
area, concession stand, and picnic area.
ACTION TAKEN BY THE PLANNING COMMISSION=
Reclassification No. 93-94-11 GRANTED (5 yes votes, 1 no vote, and
i absent).
Resolution for approval of CUP NO. 3687 failed to carry (2 yes votes, 4
no votes, and i absent).
Denied Negative Declaration.
(PUBLIC HEARING W~T.n THIS DATE - SEE 1T~dD2 UNDER TODAY'S PUBLIC HEARINGS.)
B2.
179: CONDITIONAL USE PERMIT NO. 3389 AND NEGATIVE DECLARATION:
OWNER: Rank Leisure USA Inc., 5401 Kirkman Road, Ste. 200, Orlando,
Florida 32819
AGENT: Elfend and Associates, 610 Newport Center Drive, Ste. 1290,
Newport Beach, CA 92660
LOCATION: 1859 S. Manchester Avenue. Property is approximately 2.93
acres located on the southwest side of Manchester Avenue and
approximately 780 feet south of the centerline of Katella Way.
Petitioner requests modification to a condition of approval pertaining
to the time limitation to comply with conditions of approval.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3389 APPROVED, (PC94-139) (7 yes votes).
Negative Declaration previously approved.
Mayor Daly asked if staff was comfortable with the conditions that have been
applied and are they sufficient.
Annika Santalahti, Zoning Administrator. She answered yes. If they choose
not to remove the buildings, they will have to do other improvements to
maintain the property.
B3.
179: RECLASSIFICATION NO. 94-95-05 AND NEGATIVE DECLARATION:
OWNER: Clayton Eugene Scarbrough and Donna Jean Scarbrough et. al.,
P.O. BOX 18957, Anaheim, CA 92817
AGENT: Jack Stanaland, 1590-10 South Coast Hwy., Laguna Beach, CA
92651
LOCATION: 1400 South Douglass Road. (Orange Tree Mobilehome Park)
Property is approximately 25 acres located on the east side of Douglass
Road approximately 1080 feet north of the centerline of Katella Avenue
with a frontage of approximately 1060 feet on the east side of Douglass
Road.
For a change in zone from the RS-A-43,000 (MHP) Zone to the RS-A-43f000
Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
WITHDRAWN by the applicant.
B4. 179: CONDITIONAL USE PERMIT NO. 2667 AND NEGATIVE DECLARATION:
OWNER: Fairmont Private Schools, Attn: Glenn Noreen, 1557 W. Mable
Street, Anaheim, CA 92802
LOCATION: 121 South Citron Street (Fairmont Citron Campus). Property
is approximately 0.73 acres located at the northwest corner of Chestnut
Street and Citron Street.
To amend conditions of approval pertaining to the required parking for
an existing private educational institution.
ACTION TAKEN BY THE PLANNING COMMISSION:
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City Hall, Anaheim, California - COUNCIL MINUTES - NOVEMBER 8r 1994 - Ss00 P.M.
CUP NO. 2667 APPROVED (PC94-140) (7 yes votes).
Negative Declaration previously approved.
B5. 179= WAIVER OF CODE REQUIREMENTr CONDITIONAL USE PERMIT NO. 3538 AND
NEGATIVE DECLARATION=
OWNERs Grace Baptist Church, Attns David D. Rader, 2530 W. La Palma,
Anaheim, CA 92801
LOCATION: 2530 W. La Palma Avenue (Grace Baptist Church). Property is
approximately 2.5 acres located on the south side of La Palma Avenue and
approximately 665 feet east of the centerline of Magnolia Avenue.
Amendment to previous exhibits and to a condition of approval pertaining
to the maximum permitted student enrollment of a previously approved
private educational facility (Sth through 12th grades)
ACTION TAKEN BY THE PLANNING COMMISS~ONs
CUP NO. 3538 APPROVED, IN PART, that subject facility shall be limited
to a maximum enrollment of 150 students (PC94-141) (7 yes votes).
Accepted the request to withdraw the waiver of code requirement on the
basis that the proposed parking meets the Parking Code.
Negative-Declaration previously approved.
B6. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3723 AND
NEGATIVE DECLARATIONs
OWNERs California State Teachers Retirement System, 7667 Folsom Blvd.,
Sacramento, CA 95826
AGENT: Donahue Schriber, Attn= Mark Whitfield, 3501 Jamboree Rd., Ste.
300, Newport Beach, Ca 92660
LOCATION: 600 North Euclid Street. Property is approximately 9.02
acres located at the northeast corner of Crescent Avenue and Euclid
Street.
To permit a temporary bank and office building with waiver of (a)
minimum landscape requirements (DENIED), (b) minimum parking lot
landscaping required (APPROVED), and (c) required landscaped setback
abutting any residential zone (APPROVED).
ACTION TAKEN BY THE PLANNING CO~MISSION=
CUP NO. 3723 GRANTED, IN PART, waiver (a) DENIED, waivers (b) and (c)
APPROVED (PC94-142) (6 yes votes, I abstained).
Waiver of code requirement APPROVED, IN PART.
Approved Negative Declaration.
REPORTS AND RECOMMENDATIONS=
B7. 179: CONDITIONAL USE PERMIT NO. 3575 - REQUEST FOR RETROACTIVE EXTENSION
OF TIME TO COMPLY WITH CONDITIONS OF APPROVALs
REQUESTED BYs Steve Macks with Pinetree Village, 3333 S. Brea Canyon
Road, Ste. 219, Diamond Bar, CA 91765
LOCATION: 500 North Tustin Avenue.
Petitioner requests an extension of time to comply with conditions of
approval for Conditional Use Permit No. 3575 (to permit the conversion
of an existing 40-unit apartment complex to a 40-unit condominium
complex) to expire January 25, 1995.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved request for retroactive extension of time to comply with
conditions of approval (to expire 1/25/95).
B8. 179: VARIANCE NO. 4182 - REQUEST FOR RETROACTIVE EXTENSION OF TIME TO
COMPLY WITH CONDITIONS OF APPROVAL:
REQUESTED BY: Blash Momeny, 27762 Pebble Beach, Mission Viejo, CA
92692
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LOCATION: 2260 W. Orange Avenue.
Petitioner requests an extension of time to comply with conditions of
approval for Variance No. 4182 (waiver of the required lot frontage,
minimum building site area, minimum building site width and required
location and orientation of structures to construct 8 single-family
reaidences) to expire May 18, 1995.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved request for retroactive extension of time to comply with
conditions of approval (to expire 5/18/95).
B9. 179: RECLASSIFICATION NO. 93-94-02 - REOUEST FOR RETROACTIVE EXTENSION
OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL:
REQUESTED BY: Thomas G. Kieviet, Farano and Kieviet, 2100 South State
College Boulevard, Anaheim, CA 92806
LOCATION: 406-412 South Kroeger Street
Petitioner requests an extension of time to comply with conditions of
approval for Reclassification No. 93-94-02 (for a change in zone from
the RM-1200 zone to the ML zone) to expire 9/20/95.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved request for retroactive extension of time to comply with
conditions of approval (to expire 9/20/95).
Bi0.
179: CONDITIONAL USE PERMIT NO. 3716 - REVIEW OF FINAL PLANS:
REQUESTED BY: Lewis R. Schmid c/o Jason Schmid, 1725 South Douglass
Road, Anaheim, CA 92806
LOCATION: 1725-1751 South Douglass Road.
Petitioner requests review of final plan pertaining to parking lot
landscaping, minimum aisle 'width and handicapped parking for CUP NO.
3716 (to permit an automobile parking lot for event-type parking
purposes).
ACTION TAKEN By THE PLANNING COMMISSION:
APPROVED final site plans for CUP NO. 3716.
Bll. 155: SPECIFIC PLAN NO. 94-01 AND GENERAL PLAN AMENDMENT NO. 334 -
REOUEST FOR PLANNING COMMISSION INITIATION:
Request for Planning Commission initiation of the Northeast Industrial
Area Specific Plan No. 94-01 and General Plan Amendment No. 334. The
proposed 2,645 acre project area is .generally bounded by the Orange (57)
and Riverside (91) freeways, Orangethorpe Avenue and Imperial Highway
which incorporates the Canyon Industrial Area and properties within and
surrounding the boundaries of Redevelopment Project Area Alpha.
ACTION TAKEN BY THE PLANNING COMMISSION:
Initiated application for SP94-01 and GPA 334 (PC94-143).
END OF TRE PIJ~ININ9 CONNISSION ITl~g.
ITEM B12 FROM ~HE PLANNING COMMISSION N~TING OF OC~08~R 31, 1996
INFORMATION ONLY - APPEAL PERIOD ENDS NO'ENtER 10r 199a
B12. 170: TENTATIVE TRACT MAP NO. 14894, VARIANCE NO. 4265 AND NEGATIVR
DECLARATION:
OWNER: Living Stream Ministry, Post Office Box 2121, Anaheim, CA 92814
AGENT: Andrew Yu, 1353 W. Ball Road, Anaheim, CA 92804
LOCATION: 1301 South Empire Street. Property is approximately 2.97
acres located on the west side of Empire Street approximately 700 feet
south of the centerline of Ball Road and further described as 1301 South
Empire Street.
677
City Eall. Anaheimm California - COUNCIL NINUTES - NOVEMBER 8~ 1994 - 5:00 P.M.
Waiver of minimum building site width, maximum lot coverage, required
open space and required lot frontage on a public street to construct 20
detached single family units.
To establish a 20-lot, RS-5000 subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION=
Tentative Tract Map No. 14893 APPROVED.
NOTE= Variance No. 4265 has a 22-day appeal period and will appear at
the City Council meeting of November 22, 1994.
Negative Declaration previously approved.
A review of the Planning Commission's decision was requested by Council
Members Daly and Pickler, and therefore, a public hearing will be scheduled at
a later date.
Mayor Daly. His concern is with all the details of the previous actions that
have been taken and that the project be done as well as possible.
Council Member Pickler. Heasked if there was anyway of getting a rendering
of what the developer plans to do.
Joel Fick, Planning Director. He will be happy to pass that information
along. They do have drawings and information that went to the Planning
Commission. staff will make certain the details are available for the Council
meeting.
B13. 179= ORDINANCE NO. 5459 FOR ADOPTION= Amending Title 18 to rezone
property under Reclassification No. 94-95-03 located at 801 South Anaheim
Boulevard from the CH and PD-C zones to the CL zone. (Introduced at the
meeting of November 1, 1994.)
Council Member Simpson offered Ordinance No. 5459 for adoption.
ORDINANCE NO. 5459= 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. 94-95-03 located at 801 South Anaheim Boulevard from the
CH and PD-C zones to the CL zone).
Roll Call Vote on Ordinance No. 5459 for adoption=
AYES= COUNCIL MEMBERS= Feldhaus, Simpson, Pickler, Hunter, Daly
NOES= COUNCIL MEMBERS= None
ABSENT= COUNCIL MEMBERS= None
The Mayor declared Ordinance No. 5459 duly passed and adopted.
Cl. 108= ORDINANCE 5461 - BINGO GAMES=
To consider an ordinance exempting certain bingo games conducted by senior
citizens organizations, which games award prizes not exceeding ten dollars per
game, from the license fee, and bookkeeping requirements of Chapter 7.34 of
the Anaheim Municipal Code.
ORDINANCE NO. 5461 - INTRODUCTION= Adding Section 7.34.300 to Chapter 7.34 of
Title 7 of the Anaheim Municipal Code relating to bingo games.
Council Member Pickler offered Ordinance No. 5461 for first reading.
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ORDINANCE NO. 5461~ AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION
7.34.300 TO CHAPTER 7.34 OF TITLE 7 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
BINGO GAMES.
Council Member Feldhaus. He questioned why just for the senior citizen
organizations. It should apply equally to other organizations that meet the
same criteria.
City Attorney White. That could have been done but it was intentionally
drafted as narrowly as the request that came in. The City has had an
ordinance relating to bingo games on the books for 15 to 20 years. This is
the first time any organization requested to conduct this type of game and to
obtain an exemption. He could write it to be broader. The other way is to
wait until someone else makes the request and broaden it at that time. In
drafting the ordinance, he consulted with the Police Chief and it was both
their concern that they try to accommodate the wishes of this organization but
at the same time keep a strict control over gambling in the City as possible.
He would have no problem coming back to the Council at any time with wording
that would make this apply to another organization that may wish to play this
type of game. One of the reasons they only limited it to seniors, in all
likelihood, because of the nature of the senior citizens organization and
their need for recreational activity on a very small scale gambling type
basis, he is not sure there would be an interest by other organizations to
play games that involve less than $10 in total value of a prize. There is no
incentive for any other type of organization to get into a game like this. It
is his recommendation to see if anybody is really interested in playing this
other than a senior citizens organization.
Mayor Daly. As a follow-up comment, he has been asked by a number of booster
clubs at high school campuses - Canyon, Katella, Loara - where the band and
sports booster clubs who operate bingo games in school auditoriums have been
put on notice that the change in the law, Federal law, will no longer allow
bingo games to occur on school property. They are looking for alternative
sites. These games are crucial to funding their programs. He does not know
if a formal request has been submitted to the City or not.
City Clerk, Lee Sohl. She has received a telephone call from the Loara High
School Booster Club. She suggested that the gentleman put his request in
writing. She believed he was going to attend tonight's meeting or next
Tuesday's meeting under Items of Public Interest and bring forward the request
in writing. She believes the issue has to do with no smoking on school
campuses regulations.
Joel Fick, Planning Director. They have also had three or four contacts from
different schools or school groups looking at that issue with the primary
concerns expressed relating to smoking not being permitted in conjunction with
that use. They have asked, as the City Clerk has done, to submit the request
in writing. They have set up meetings internally to be proactive on staff's
side with the Attorney's Office, Police Department and Business License for
next week to discuss that issue and determine how best the City can address
the request.
Mayor Daly. He reiterated how crucial this source of income was for the high
school athletic programs. He encourages any of those individuals to contact
planning and put the request in writing so that staff can respond.
C2. COUNCIL COMMENTS: There were no Council comments.
679
City Hall~ Anaheim. California - COUNCIL MINUTES - NOVEMBER 8r 1994 - 5=00 P.M.
C3. 112~ REPORT ON CLOSED SESSION ACTIONS= City Attorney White stated that
there are no actions to report.
RECESS= By general consent the Council recessed for 10 minutes. (5=50 p.m.)
AFTER RECESS= The Mayor called the meeting to order, all Council Members
being present. (6=05 p.m.)
D1. 179= CONTINUED PUBLIC HEARING - CANCELLATION OF THE AGRICULTURAL
PRESERVE CONTRACT FOR THE DOUGLASS PROPERTY. AND APPROVAL OF CEQA MITIGATED
NEGATIVE DECLARATION=
The subject property is located at 1501 and 1551 South Douglass Road and is a
triangularly shaped parcel consisting of approximately 7.3 acres located on
the west side of Douglass Road between Cerritos Avenue and Katella Avenue.
The public hearing is relative to the cancellation of the Agricultural
Preserve Contract for the Douglas. property and determining that the previously
approved Mitigated Negative Declaration for the Anaheim Arena Area Public
Parking Facilities is adequate to serve as the environmental documentation for
this project.
PUBLIC NOTICE REOUIREMENTS MET BY=
Publication in Anaheim Bulletin - August 30, 1994
Mailing to property owners within 300 feet - August 29, 1994
Posting of property - September 1, 1994
This matter was first heard on September 13, 1994 when the public hearing was
opened and continued from the meetings of September 13, September 20,
September 27 and October 4, 1994 to this date as requested by Tejas Partners.
STAFF INPUT=
See staff report dated September 7, 1994 to the City Manager/City Council from
the Zoning Administrator recommending that certain actions be taken in
connection with the subject cancellation.
Mayor Daly. This public hearing has been continued a number of times
generally at the request of the property owner and developer of the parking
lot. He asked to hear from the City. Attorney.
City Attorney White. At this time, it is appropriate to open the public
hearing. There is also a staff report originally prepared and dated
September 7, 1994. The one difference from the original staff report and the
action the Council is being asked to take today is that the County Auditor has
revised the cancellation fee downward by revaluing the value of the property
downward. The cancellation fee that represents 12.5% has now being calculated
at $383,750 which is the amount that it is recommended the Council find as
being the cancellation fee to be paid in conjunction with the approval
tonight.
Mayor Daly asked first to hear from the applicant or developer.
Mr. J. Wayne Allen. He is present on behalf of the landowners. His only
remarks are going to be to request the Council to consider and act upon the
documents that have been presented to the Council prior to the meeting. He is
available to answer any questions as well.
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Mayor. Daly asked to hear from anyone who wished to speak either in favor or in
opposition~ there being no response, he closed the public hearing.
MOTION= Council Member Daly moved determining that the previously approved
Mitigated Negative Declaration for the Anaheim Arena Public Parking Facilities
is adequate to serve as the environmental documentation for this project.
Council Member Feldhaus seconded the motion. MOTION CARRIED.
MOTION= Council Member Daly.moved pursuant to Goverument Code Section 51283,
that the City Council determine and certify to the County Auditor that the
amount of the cancellation fee which the landowner shall pay the county
treasurer as deferred taxes upon cancellation shall be the sum of $383,750
which represents 12.5% of the cancellation valuation of the property as
determined and certified to the City Council by the County Assessor, and that
such determination is based upon a finding that grounds for the waiver or
deferral of such cancellation fee pursuant to subdivision (c) of Government
Code Section 51283 do not exist for the following reasons=
(1)
the cancellation is caused by a voluntarF transfer of a leasehold
interest in the land and a voluntar~ change of the use which may
be made of the landl and
(2)
the land is immediately suitable, and will be immediately used,
for a purpose which produces a greater economic return to the
owner.
Council Member Pickler seconded the motion. MOTION CARRIED.
Council Member Daly offered Resolution No. 94R-258 for adoption, approving
the tentative cancellation of the agricultural preserve contract for the
property coeunonly known as 1501 and 1551 S. Douglass Road, Anaheim,
California, pursuant to the provisions of Government Code Section 51282 upon a
finding that the cancellation is consistent with the purposes of the
California Land Conservation Act of 1965 as set forth in Chapter 7 of Part 1
of Division i of Title 5 (conunencing with Section 51200) of the Government
Code for the reasons set forth in subparagraphs (a) through (e), inclusive, of
paragraph i on page 2 of the September 7, 1994 Staff Report from the Planning
Department to the City Council, and subject to the following conditions of
approval=
that the landowner shall make payment in full of the cancellation
fee computed under the provisions of Section 51283 of the
Government Codel and, unless the fee is within one year from the
date of the recording of the certificate of tentative
cancellation, such fee shall be recomputed as of the date of
notice as described in subdivision (b) of Section 51283.4 of the
Government Code~
(2)
that no alternative land use shall be made of the property prior
to issuance of a certificate of cancellation except for such uses
as authorized pursuant to Conditional Use Permit No. 3700 as
approved by City of Anaheim Planning Commission Resolution
No. PC94-97 (the "project"); and
(3)
that the landowner shall obtain all permits necessary to commence
the project.
Refer to Resolution Book.
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C£t¥ Hail. Anahe£m~ Cal£forn£a - COUNCIL MINUTES - NOVEMBER 8, 1994 - 5~00 P.M.
RESOLUTION NO. 94R-~58= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE TENTATIVE CANCELLATION OF THE AGRICULTURAL PRESERVE
CONTRACT FOR THE PROPERTY COMMONLY KNOWN AS 1501 AND 1551 SOUTH DOUGLASS ROAD,
ANAHEIM, CALIFORNIA, PURSUANT TO GOVERNMENT CODE SECTION 51282~ MAKING CERTAIN
FINDINGS RELATING THERETO~ AND IMPOSING CERTAIN CONDITIONS THEREON.
Roll Call Vote on Resolution No. 94R-258 for adoptions
AYES:
NOES:
ABSENT=
COUNCIL MEMBERS:
COUNCIL MEMBERS=
COUNCIL HEMBERS~
Feldhaus, Simpson, Pickler, Hunter, Daly
None
None
The Mayor declared Resolution No. 94R-258 duly passed and adopted.
D2. 179= PUBLIC HEARING - RECLASSIFICATION NO. 93-94-$1~ CONDITIONAL USE
PERMIT NO. 3687 AND NEGATIVE DECLARATION=
OWNER~ William Taormina, P.O. Box 309, Anaheim, CA 92815
AGENT= David Stoll, 327 N. Anaheim Blvd., Anaheim, CA 92805
LOCATION/REQUEST= The property is located at 423 North Anaheim
Boulevard and is approximately 1.08 acres located on the southwest
corner of Anaheim Boulevard and Sycamore Street. The request is for a
change in zone from CG and PD-C Zones to the CL Zone, to permit a
bicycle racing track with accessory uses, including a retail area,
concession stand, and picnic area.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 93-94-11 GRANTED (5 yes votes, i no vote, and
I absent).
Resolution for approval of CUP NO. 3687 failed to carry (2 yes votes, 4
no votes, and i absent).
Denied Negative Declaration.
HEARING SET ON= The decision of a Planning Commission was appealed by the
property owner, William Taormina in letter dated October 17, 1994 and public
hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - October 27, 1994
Mailing to property owners within 300 feet - October 27, 1994
Posting of property - October 28, 1994
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated October 17, 1994.
Joel Fick, Planning Director. Answering the Mayor, he does not believe there
have been any changes to the site plan. There has been some additional
correspondence and information submitted by the applicant relative to parking
and noise that the applicant may want to comment on. Relative to the staff
recommendation, at the Planning Commission meeting, there was some opposition
and input provided. A number of concerns were expressed primarily centered
around traffic relating to the accessibility and availability of parking,
noise from speakers or patrons on site and potentially dust that might be
generated.
Alfred Yalda, Principal Transportation Planner is present and can speak to the
traffic issues. Traffic Engineering staff is now in concurrence with the
information submitted and have approved the parking study. Additional
information was submitted regarding the noise indicating that speakers will
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C£tv Hall, Anaheim, C&l~forn£a - COb'NC~L M~ICu'TES - NOVEMBER 8r 199¢ - S:00 P.M.
not be used. The Planning Commission's recommendation relative to the
reclassification, staff did concur in that - going from the Commercial General
(CG) and PD-C Zones to the CL Zone be approved under any circumstances because
it is consistent with the zoning up and down the street and also has design
standards, landscaping and other site development standards not consistent
with the neighborhood. The Planning Commission did not act on the CUP and did
not look favorably on that. Staff's position is, if the items have been
addressed today, some time limitation would be acceptable to staff in terms of
the project.
APPLX~%IqT'B
STATEMENTz
William Taormina, P.O. Box 309, Anaheim, 92815, property owner. His
focus in submitting a project of this type is (1) to try to find and
provide alternatives for the youth of downtown Anaheim and, (2) to be
responsive to the neighbors. After the Council hears his tenant's
presentation and if the Council is not satisfied with the solutions
brought forth, that they not approve the project. He then introduced
David Stoll, his tenant. There will also be other speakers to address
the issue.
DISCUSSION IN -
FAVORz
David Stol1, 17256 Capital ~D, Nisson Road, Tustin. He is present to
discuss why they feel the BMX track will be a great asset to the kids of
Anaheim. He then gave the names of those present to speak and
subsequently introduced the first speaker.
Richard August, teacher at Sycamore High School (30 years). From the
perspective of an educator, there are two places that youngsters can be
- at home or on the street. This project will help not only give
youngsters a place to be under supervision, but it will be beautifying
the area. It is a win-win situation. It will be a positive influence.
Mark Thomason, Architect. He did design work on the project. The first
thing they wanted to do was to create something to fit into the existing
.area. There is commercial on one side and residential on the other.
They are trying to appease both. The conclusion was to create a
park-like setting with the track in the middle. In trying to fit in and
mitigate any impacts, they lowered the track so that it is not visible
from the street. It is 10 feet below street level and the only thing
visible from the street is the landscape ben, trees, shrubs, grass and
small modular buildings - 10 x lOs to house the concession stands,
retail, etc. There are also landscape buffers surrounding the areas
three feet or four feet high on Anaheim Boulevard and Sycamore which
serve to cut down noise in the project as well as sound going away from
the project to the residential. They have worked with City staff to
make it a project everyone can be proud of, not obtrusive to the
neighborhood and aesthetically pleasing to everyone. It will not be
obvious that it is a BMX track.
Michael Tucker, resident across the street at 503 N. Zeyn. When
neighbors first learned of the project, they were up in arms. In
talking to David Stoll, he offered to meet with the neighbors. He met
with about 20 neighbors, the architect and some other people. They went
to the site and were shown how everything was going to be laid out.
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City Hallr Anahe£m~ California - COONCZL MZNIJTES - NOVEMBER 8r 1994 - 5~00 P,M.
They discussed noise, where the lights would be, etc., and reached good
compromises. The neighbors have been promised the project will have a
positive instead of a negative impact. As for himself and the other
neighbors, if they keep their promises, they are in favor.
Ruben Sanchez. He owns a bike shop in the City of Orange. He has been
with BMX since 1978. The kids he has seen go through BMX are all good
kids. They have had problem kids come in and they turn out to be great
kids. People in BMX do not like drugs, they do not push drugs, they
stay clean. It is a good family sport which brings a lot of kids in and
brings families together. They travel together and interact with each
other. This will be a great sport for the City of Anaheim. He has been
associated with the track in Orange since 1980.
Pastor John Palmeia, Spirit Praise Fellowship. He resides at 118 W.
Adele, directly across from the parking area for the proposed site. He
has discussed this on many occasions with Mr. Taormina and Mr. Stoll.
The question at this time is what can the City do for the youth - as a
member who sits on the Anaheim Religious Counsel, that is their main
concern. They have someone who is proposing a partial answer. The kids
participating in BMX get excited and they work together with their
parents doing things together as a family unit. He sees it as a
positive influence on the family. The City has made many strides to
improve Anaheim Boulevard. A BMX bicycle track fits in with what the
City is looking for in the area. The proposed parking lot has always
been a parking lot and now it will be a better looking one. It also has
plenty of ingress and egress available to it. He is looking forward to
the project being built. Mr. Stoll has made a point to have the track
available to the underprivileged. As a City, they need to be reaching
out more and more to the youth.
Clayton John, President, American Bicycle Association (ABA) in charge of
all BMX tracks across the United States. He would like to express how
excited the ABA is in being involved with the group in Anaheim. It is a
project that is quite different from anything they have done in the
past. The main concern is to fill a need for the youth of Anaheim to
get out and enjoy their bicycles and their sport with their parents.
They are excited as a sanctioning body to be involved with them.
David Stoll. He referred to a handout submitted earlier where on the
back page they feel they have come to some good solutions to the
neighbor's concerns. (See sheet entitled - Solutions to Neighbor's
Concerns, listing five solutions.) Mr. Stoll then briefed the five
solutions as follows:
No amplifiers or public address speakers will be
utilized at the facility.
(2)
The track will be constructed of "soft-mix asphalt"
instead of clay.
(3)
The parking lot will be paved and landscaped per City
code.
(4) A citizens advisory group will be created.
(5)
One year after the opening of the facility, they will
appear before the Planning Commission and ask that
684
Anaheim. California - CO~'NCIL #INT~ES - NOVEMBER 8r 1994 - 5=00 P.M.
their entire operation be critiqued by staff and the
Planning Commission. If concerns have not been
addressed to everyone's total satisfaction, the
facility will be closed.
He concluded all they are asking for is a chance to give something back to the
City and to give the kids a safe and sane place to participate. He also
explained for the Mayor that relative to lighting, the lighting as it stands
was approved by the Planning Con~aission. It will be directed onto the Anaheim
Boulevard area and not on the residences.
The following poople spoke in oppositionz
Esther VilJak, 1296 Lighthouse Lane, Anaheim, 92801. She read her
five-page letter dated November 11, 1994 (subsequently made a part of
the record) which outlined in detail the concerns she and those she is
representing have with the proposed BMX track. She is representing her
parents, her sister and herself whose properties are located at
122 Sycamore Street (on the property line and next door to the project),
511 N. Zeyn, 506 N. Zeyn and 316 N. Lemon Street. The concerns were as
follows=
Parking (see pages one, two and three of letter dated
November 8, 1994), noise, (see pages two and three) of
letter dated November 8, 1994), asphalt surface information
which was provided to the City Clerk late yesterday and,
therefore, they have not had the opportunity to evaluate its
affect on the neighborhood, and the entrance to the race
track (see pages four and five of the November 8, 1994
letter).
In her conclusion, Ms. Viljak stated that, "it is a great concept but it
does not belong in a residential area, 10 feet from people trying to
live normal lives". She is asking that the Council uphold the decision
of the Planning Commission and not grant approval for the project. The
Planning Commission was not short sighted in their decision but realized
the disadvantages greatly outweigh the advantages and the effect on
quality of life would be intolerable. With the minor modifications
proposed by Mr. Stoll, that is still the case.
.Casey Chang, representing the ownership at 410 N. Lemon, immediately
west of the Adele Street parking lot. He remains opposed to the project
for two reasons - (l) the off site parking. They understand there is
inadequacy on the immediate adjacent parking lot. In the Planning
Commission meeting, even Mr. Stoll said overflow will most likely not
use satellite parking because of the distance but will park right on the
street which will worsen the parking situation in the neighborhood. (2)
relative to the Adele street parking lot, the operating schedule of the
facility will change the nature of the parking lot. Events will run as
late as 9=00 p.m. and, therefore, parking lot usage will extend into
10=00 and 10~30 p.m. during weeknights. Mr. Stoll's letter to the
Council also indicates his willingness to improve the Adele Street
parking lot to City code. He believes what that means, since the
property is being reclassified to commercial use, CO or CL, the code
requires a 10 foot landscape setback between the parking lot and
residential use which is to the north and west.
In conclusion, he would like to point out the issue before the Council
is not one of social welfare but land use and he believes it is not
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C£tv Hall, Anaheimr Californ£a - COUNCZL MINUTES - NOVEMBER 8, 1994 - 5~00 P.M.
right to penalize the existing landowners with new developments that do
not fit into the neighborhood. He agrees with the Planning Commission
that this is the right project but the wrong location. He clarified for
the Mayor that he is speaking on behalf of the property owners, the
Lemon Street Partnership, an' investment group in which he is one of the
partners.
SI~fMATZON BY
APPLICANTs
William Taormina. He addressed the issues/concerns raised by both
Ms. Viljak and Mr. Chang. He asked that they remember the 4th and 5th
point outlined in the Solutions to Neighbors Concerns. With the
citizens advisory group they intend to form (Number 4) all problems will
be addressed and at the end of one year, the problems/concerns will be
corrected or the facility closed (Number 5). It is not their intent to
create negative impacts on the neighborhood. He believes it is a social
issue more than a land use issue. If he was requesting a high density
apartment building, that would have a negative impact.
Council Member Feldhaus posed questions relative to how many people can
use the track at the same time, the number of vehicles the facility will
generate and hours of operation.
Mr. Taormina stated there can be 100 t° 200 riders at the track at once;
Mr. Stoll disputed the statement in Ms. Viljak'8 letter that 1,000
peopie may come to the area at one time. They do have some large events
and there is an outside chance that could happen but that would include
riders, parents, sisters and brothers attending. On average, there are
100 to 125 that will come to race at any one time; Clayton John.
Relative' to the number of automobiles that will be generated, one of the
Planning Commissioners who was going on a trip to Arizona stopped by the
Chandler BMX Track in operation which is completely surrounded by
residents. He talked to some of the residents. A lot of the kids live
within a mile or two. At the Chandler Track which is the home of ABA,
there is a one-half acre lot which handles all the parking for all of
the events and practices.
Mr. Stoll then explained that the heavier attendance is during the
latter part of the week. They have a written agreement with the people
who are in charge of staging the summer concert series at Pearson Park.
The BMX track will have no events on the nights of their concerts so
there will be no conflict. Out of 7 days a week, they will be racing
three and one probably on the weekend during the day - the other two
will be in the evening on a Monday, Tuesday, Wednesday, Thursday or
Friday, probably on a Monday - Wednesday, or a Tuesday - Thursday type
venue. The races start about 6 p.m. and are usually over about 8=00 or
8~30 p.m. and people will be out of the track about 9=00 p.m. During
~he weekend, ~hey will normally race ~rom about 10:00 or 11:00 a.m. to
about 1~00 or 2~00 in the afternoon. Relative to parking, they retained
Paul Singer, former traffic engineer of Anaheim, to perform the parking
study and staff has approved his report. The need for 250 parking
spaces was a figure brought up by Ms. Viljak and not by them.
Alfred Yalda, Principal Transportation Planner. The parking study
submitted to staff visited two sights and at the peak hour it was
determined that 129 parking spaces would be adequate for the proposed
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City Hall, Anahe£mf californ£& - COUNCIL MINUTES - NOVEMBER 8t 1994 - 5500 P.M.
sight; Mr. Stoll. They offered 129 spaces but had more available to
them.
Mr. Stol1 then explained for the Mayor. that the red colored structure8
near the parking lot are the registration booth, bicycle shop, clothing
store, office, concession area and restaurants. They will be at street
level. They are ordering custom buildings to be built and brought in
with the landscaping and architect to make it a pleasing site to the
people driving by.
Mayor Hunter closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIV~ ~ECLARAT~ON= On motion by Council
Member Hunter, seconded by Council Member Simpson, the City Council approved
the negative declaration u~on 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-259 for adoption, approving
Reclassification No. 93-94-11; and Resolution No. 94R-260 for adoption,
granting Conditional Use Permit No. 3687 incorporating the one year CUP which
he notes from the audience that Mr. Taormina is agreeing to. Refer to
Resolution Book.
Before a vote was taken, Mayor Daly stated this is a difficult site to
develop. It is a con~nercial site and as Mr. Taormina pointed out, it would
accept a fast food location or a variety of other con~ercial uses. Ail of the
legitimate concerns of the neighboring property owners have been dealt with to
the beet of the property owners ability. The fact that the permit is for one
year and that the property owner and developer are agreeing to a number of
conditions will satisfy most of the concerns raised. The apartment owner who
expressed concern about the noise from cars parked near his project built an
apartment just a few years ago across from Anaheim's oldest park which has a
lot of day time visitors and in the summertime and summertime concerts. It is
a very busy park and he sees this project consistent with all of that. It is
a mixed neighborhood and a very busy area. He believes that the property
owner/developer has done the maximum to alleviate all the concerns that have
been raised.
Council Member Feldhaus. North Anaheim Boulevard has always been a problem
relative to parking and that is why the PDC zone was established off the main
thoroughfare to accommodate parking. Anytime there is a main thoroughfare
going through an area that once was a lot of residential is going to inherit
parking problems.
A vote was then taken on the foregoing resolutions.
RESOLUTION NO. 94R-259~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF
CERTAIN ZONES SHOULD BE CHANGED. (Reclassification No. 93-94-11)
RESOLUTION NO. 94R-260~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3687.
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City Hall. Anahei~f California - COUNCIL MINUTES - NOVEMBER 8t 1994 - 5:00 P.M.
Roll Call Vote on Resolution Nos. 94R-259 and 94R-260 for adoDt£on8
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS8
COUNCIL MEMBERS=
COUNCIL MEMBERSz
Feldhaus, Simpson, Pickler, Hunter, Daly
None
None
The Mayor declared Resolution Nos. 94R-259 and 94R-260 duly passed and
adopted.
ADJOURNMENT: By general Council consent the Council meeting of November 8,
1994 was adjourned. (7:08 p.m. )
LEONORA N. SOHL, CITY CLERK
688