1993/08/10City Hall, ~naheim, California - COUNCIL MINIFEES - AUGUST 10, 1993 - 5:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
TRAFFIC AND TRANSPORTATION MANAGER: John Lower
PLANNING DIRECTOR: Joel Fick
ZONING ADMINISTRATOR: Annika Santalahti
PRINCIPAL CIVIL ENGINEER: Natalie Lockman
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 1:45 p.m. on August 6, 1993 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Daly called the meeting to order at 3:00 p.m.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. To confer with its Attorney regarding pending litigation
pursuant to Government Code Section 54956.9 (a) to wit:
Golden West Baseball Co. vs. City of Anaheim, Orange County
Superior Court Case No. 40-92-46; Anaheim Stadium Associates
vs. City of Anaheim, et al., Orange County Superior Court
Case No. 44-81-74.
Anaheim City School District vs. City of Anaheim, et
al, Orange County Superior Court Case No. 71-46-35.
b. To meet with and give directions to its authorized
representative regarding labor relations matters -
Government Code Section 54957.6.
c. To consider and take possible action upon personnel
matters pursuant to Government Code Section 54957.
d. To confer with its attorney regarding potential
litigation pursuant to Government Code Section
54956.9(b) (1).
e. To consider and take possible action upon such other
matters as are orally announced by the City
Attorney, City Manager, or City Council prior to
such recess unless the motion to recess indicates
any of the matters will not be considered in closed
session.
MOTION:. On motion by Council Member Simpson, seconded by Council Member Daly,
the City Council by unanimous vote of the members present waived the
applicable agenda posting requirements pursuant to Government Code Section
54954.2(b) (2) and added the following matter to the closed session portion of
the City Council agenda upon a finding that the need to consider and possibly
act upon such matters arose subsequent to the agenda being posted:
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C£t¥ Hall, Anahe£~a, California - COUNCIL MINUTES - AUGUST 10, 1993 - 5:00 P.M.
f. Rosenberger vs. City of Anaheim, et al., Orange
County Superior Court Case No. 62-04-59.
By general Consent, the Council recessed into Closed Session. (3:00 p.m. )
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(5:27 p.m.).
INVOCATION: Lt. Troy Trimmer, The Salvation Army, gave the invocation.
FLAG SALUTE: Council Member Fred Hunter led the assembly in the Pledge of
Allegiance to the Flag.
119: PRESENTATION - GANG AND DRUG PROGRAM - "DRUG FREE ZONE" POSTER CONTEST
WINNER AND FINALISTS:
Steve Swaim, Gang and Drug Coordinator explained the subject program which
involves the seven city school districts, Saint Boniface School and the
Fairmont School. Representatives from the school districts were present in
the Chamber audience. He also explained the process of judging and selecting
the posters and introduced the judging panel. The finalists were
Yolanda Cheng, Tami Cox, Brynn McMillan, Ted Moon, Patsy De Somov, Mary Blythe
and Brigette Bruce. Brynn, Patsy and Brigette were present to accept their
certificates and Disneyland passes donated by Disneyland. The winner of the
contest, Azeema Kamiss from South Junior High School was also presented with a
certificate and prizes donated by Disneyland.
Mayor Daly and Council Members congratulated the finalists and the contest
winner for their excellent work on such an important issue especially for
youngsters.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Daly
and authorized by the City Council:
"Pop Warner Day" in Anaheim, August 28, 1993
"Fill the Boot Day" in Anaheim, August 14, 1993
Johnna Cadwallador accepted the Pop Warner Day proclamation and Captain
Scott Roberts of the Anaheim Fire Department accepted the Fill the Boot Day
proclamation noting this is the 12th year of the program and their goal this
year is $20,000.
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was
unanimously adopted by the City Council and presented to Ken and Patsy Brooks
recognizing them for their contributions and dedication to the Anaheim Pop
Warner program.
Mayor Daly and Council Members congratulated both Ken and Patsy for their fine
work and to all involved in the Pop Warner program.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,345,239.16 for the
period ending August 6, 1993, in accordance with the 1992-93 Budget, were
approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5: 48 p.m. )
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City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 10, 1993 - 5:00 P.M.
Mayor Daly reconvened the City Council meeting. (5:50 p.m. )
ITEMS OF PUBLIC INTEREST:
Mary Quaranta, Vito's Pizza, 630 W. Orangewood Avenue, Anaheim. She read a
prepared statement which she subsequently submitted (see - Citizen Petition)
urging the Mayor and Council Members to change their priorities to combat the
rapid deterioration of their once beautiful neighborhood. They are demanding
the hiring of more law enforcement personnel and pay increases to the officers
already on the police force. They are further demanding that not only the
City but County, State and Federal help be sought because their neighborhoods
are infested with prostitution, drugs, drug dealers, taggers, graffiti, gangs,
panhandlers, street vendors and grocery cart vendors. Crime is on the uprise
and citizens, travelers and conventioneers are not safe. They feel there is a
desperate need for changes in laws and the judicial system to punish
offenders. Petition sheets were also attached to the statement stating that
the authors of the petition are property and business owners in Anaheim for
over 20 years. They are losing all their years of dedicated hard work to
detrimental elements in the community. Many more citizens and businesses have
been affected by these negative elements. They are appealing for some action.
Council Member Hunter. Anaheim has less than 1.3 police officers per thousand
population which is one of the lowest ratios in the County. He has been
pleading the cause for more officers since he has been on the Council. The
City adopted a priority resolution about 2~ years ago but have done nothing.
They have not hired more police officers. The City is rated 22nd in the
County on base salary. Their priorities are wrong. The reason why people are
leaving the City is not the economy but the crime. The police have been
without a contract for two years and no pay raises during that time. One
thing he is going to accomplish between now and the time he leaves the Council
in 14 months is to do something about hiring more police officers.
Fred Hill. He owns property on Mallul Drive. Property values are declining
in the area because of crime, drug dealing and prostitution. People drive by
his apartments and say they do not want to rent there (2119 Mallul Drive).
His residency is in Whittier. They appreciate the limited amount of police
and code enforcement provided but need more help. The owners are now
considering the employment of private security guards to mitigate the problem.
With property values declining, property taxes will go down and subsequently
City revenues will further decline. It is necessary to find the money to fund
additional police and cut crime. He supports Mary Quaranta in what she is
saying. He is asking that the City Council take the matter to heart and do
something for them in the City in general.
Grace Howard, AIM (Anaheim's InvolYed Managers). She also sup~rts
Mrs. Quaranta. The managers in Anaheim are doing what they can. They need
more than a "band aid" approach. They need more police officers in the
streets so that they can get more involved with the managers, owners and
residents. She would be willing with her organization to meet with them.
They are asking the Council to help.
PUBLIC COMMENTS - AGENDA ITEMS:
Public input received on Item Al5 (see discussion under that item).
MOTION.: Council Member Pickler moved to waive reading in full of all
resolutions to be acted upon for the Council meeting of August 10, 1993.
Council Member Simpson seconded the motion. MOTION CARRIED.
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City Hall, ~nahe:~a, Cal£forn£a - COUNCIL NINUTE$ - AUGUST 10, 1993 - 5:00 P.M.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Pickler, seconded by Council Member Hunter, the following items were approved
in accordance with the reports, certifications and recommendations furnished
each Council Member and as listed on the Consent Calendar; Council Member
Pickler offered Resolution Nos. 93R-166 through 93R-169, both inclusive, for
adoption. Refer to Resolution Book.
Al. 140: Receiving and filing the Anaheim Public Library Monthly Statistical
Report for the month of May, 1993.
105: Receiving and filing minutes of the Anaheim Public Library Board meeting
held June 23, 1993.
105: Receiving and filing minutes of the Anaheim Park and Recreation
Commission meeting held June 23, 1993.
105: Receiving and filing minutes of the Anaheim Private Industry Council
meeting held May 27, 1993.
105: Receiving and filing minutes of the Anaheim Firefighters' Association
Board meeting held July 14, 1993.
105: Receiving and filing minutes of the Golf Advisory Commission meeting
held June 29, 1993.
A2. 175: Approving a Notice of Completion for Water Valve Replacement (Phase
VII) by Williamson Supply Company, Inc..
A3. 150: Awarding the contract to the lowest responsible bidder, Steiny and
Company, Inc., in the amount of $231,373 for Citron Neighborhood
Beautification Project, Phase I; and in the event said low bidder fails to
comply with the terms of the award, awarding the contract to the second low
bidder, as well as waiving any irregularities in the bids of both the low and
second low bidders.
A4. 175: Approving Contract Change Order No. 1, in the amount of $16,731.62,
in favor of Hinkels and McCoy, Inc., for additional improvements to the
Underground District No. 4 (Electrical) project.
A5. 170: Approving Lot Line Adjustment Plat No. 306 in order to merge
parcels of land due to the realignment and extension of Phoenix Club Drive
(north of Sanderson Avenue).
A6. 123: Approving an Agreement with LaBelle-Marvin for Pavement Materials
Reporting Services, in an amount not to exceed $80,000 for one year with the
option to renew the agreement up to five years.
A7. 160: Accepting the low bid of Ryder Aviall, Inc., in an amount not to
exceed $25,000 for the overhaul/exchange of a mini-turbine for Police
Helicopter N1607A, in accordance with Bid ~5165.
Lieutenant John Cross clarified for Council Member Feldhaus that the work is
performed in Burbank.
A8. 123: Approving an Agreement with Lance Garber, Esq., for legal services
to continue work in progress on a number of projects.
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City Hallt Anaheim, California - COUNCIL MINUTES - AUGUST 10, 1993 - 5:00 P.M.
A9. 153: RESOLUTION NO. 93R-166: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN-THE ANAHEIM
MUNICIPAL EMPLOYEES ASSOCIATION, CLERICAL UNIT, AND THE CITY OF ANAHEIM. (To
provide upgrade pay to the classification of Housing Intake Specialist. )
Al0. 153: RESOLUTION NO. 93R-167: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM
MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL & CLERICAL UNIT AND THE CITY OF
ANAHEIM. (Amending Article 40, Vacation, to provide a vacation buy-back
program to expire June 30, 1994. )
Ail. 153: RESOLUTION NO. 93R-168: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM POLICE
ASSOCIATION AND THE CITY OF ANAHEIM. (Establishing a vacation buy-back
program to expire June 30, 1994. )
Al2. 153: RESOLUTION NO. 93R-169: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM
MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL UNIT AND THE CITY OF ANAHEIM. (To
provide mitigation on the effects of certain classifications maintaining their
Maintenance Department seniority date for purposes of lay-off and
reassignment.)
Al3. 123: Approving an Agreement with Rexco to pay a portion of their Park
In-Lieu Fees required for development (26-unit apartment complex on Frontera
Street), and providing park improvements in lieu of the remainder of the fee.
Al4. 184: Reviewing the need for continuing the Proclamation of the
Existence of a Local Emergency issued by the Director of Emergency Services on
January 19, 1993, and ratified by the City Council on January 26, 1993,
concerning the Santiago Landslide and Pegasus Landslide in the City of
Anaheim; and taking no action to terminate the local emergency at this time.
Al5. 172: Affirming that Claudina Street remain a one-way street, and
directing staff to open Philadelphia Street to southbound traffic between
Center Street and Lincoln Avenue.
George McClaren. He reiterated his concerns once again relative to the
closing of Claudina Street to two-way traffic leaving only one-way traffic
from Center Street to Lincoln. As indicated in the staff report, the cost to
open Philadelphia Street south to Center Street is $10,000 and the cost of
reopening Claudina to two-way traffic would be about $4,000. He urged the
Council to take the cheapest route and reopen Claudina restoring it to its
prior longstanding use of two-way traffic.
Fern Wilson, 200 E. Lincoln, Anaheim. The staff report focused on the point
that only the seniors at the Village Apartments and the senior center are the
ones complaining about the closure of Claudina to two-way traffic. She
emphasized that is not true. There are hundreds who used the street before it
was made one way. She is again speaking for all those people tonight. She
reiterated concerns she expressed at several prior meetings. In concluding,
she urged the Council to take the less expensive route and reopen Claudina to
its original use of two-way traffic.
Keith Phillips, owner of the Rose & Crown Restaurant. Never did he think they
would be causing inconvenience to the seniors or anybody else regarding the
change to Claudina. He has some vested interest in the street remaining the
way it is with one-way traffic. Business is better and it also seems to be a
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City Hall~ Anahe£~a, Cal£forn£a - COUNCIL MIN%rTE$ - ~UOUST 10~ 1993 - 5:00 P.M.
safer situation. With the traffic going one way, it limits the amount of
traffic using the street. Relative to valet parking, the reason they gave it
up was due to the negative input from their customers. Their business has
improved as a result of not having valet parking. It was because of the
fourteen additional spaces on the street that they gave it up. Convenience is
a big issue with customers. If he had the choice of parking in one of the
fourteen spaces or going to the multi-story parking structure, that may make a
difference on whether or not he would patronize either his restaurant or Yves'
Bistro. He also feels the traffic flow is better than it was. He would like
the street to remain as it is today.
Yves Masquefa, owner Yves' Bistro. Mr. Phillips said much of what he was
going to say. They were there a year before the Rose & Crown and did
everything they could to get their customers to park in the structure but were
not very successful. Business has improved since Claudina was changed to
one-way traffic. It is better for deliveries and all around it is a better
and safer way to go and more convenient for their patrons.
Tom Bode, Managing General Partner - Woodbridge Village (where Yves' and the
Rose & Crown are located). As his tenants expressed, the change to Claudina
has had a positive impact. It makes a lot of sense to do what they can to
support business particularly in the project area. A point has been made
about the 600 car parking structure. Surprisingly, people do not care to use
it. People in Orange County are spoiled. He feels they should do what they
can to support business. This change is a help. He urged the Council to
consider the matter in that light.
Mayor Daly asked Mr. Bode in the few months since the street was changed to
one way did he notice an improvement in terms of comments from his other
tenants and also does he have plans to make additional changes in terms of
signage or other changes in parking at this time.
Tom Bode. He answered yes and that the change has taken some of the pressure
off the limited on site parking. Relative to changes, they have discussed
removing the small island that separates the in and out traffic on the east
side of the parking lot.
Additional discussion followed wherein Council Member Feldhaus recalled that
the Council had discussed additional directional signs in the downtown area
directing people to the parking structure. Adding the restaurant names on the
structure might also be helpful. He asked if there was any way to make the
parking structure look more friendly with additional lighting so that it would
not look so ominous.
Lisa Stipkovich, Executive Director of Community Development. They are
proposing to bring forward a complete graphics package for the downtown area
that the Council will see as part of a comprehensive signage program. That
should be on the agenda within the next 30 days. It is going through review
by the Planning staff and she believes has been discussed at the Planning
Commission level. The signage was something that was brought up in the past.
The lighting is not something they were working on but can do so.
Mayor Daly. He asked relative to the recommendation to open Philadelphia
Street through to Center Street how the idea was received by the Community
Redevelopment Commission and the Senior Citizens Commission.
Lisa Stipkovich. It was very well received by the Senior Citizens Commission
although not 100%. She was told they are supportive of the idea and because
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Hall, _Au_aheim, Cal£forn£a - COUNCIL NINIYI'~$ - AUGUST 10, 1993 - 5:00 P.H.
the Senior Citizens Center was actually located on Philadelphia it would be
easier access south. The Redevelopment Commission did discuss the matter,
heard much the same testimony and recommended that they open Philadelphia and
leave Claudina as one-way.
John Lower, Traffic & Transportation Manager. The Senior Citizens Commission
recommendation included opening up Philadelphia to south bound traffic in
addition to converting Claudina back to a two-way street. Philadelphia Street
would be a two-way street; however, at the intersection with Center Street, it
is proposed to be out bound or south bound only.
Mayor Daly. He asked when the changes are made that they design those changes
so they match the existing downtown curbs, gutter and sidewalk. Right now on
Claudina it is temporary and it is not attractive.
Lisa Stipkovich. They would design those improvements with the same
development standards and come back with a plan for the Council/Agency to
review.
Al6. 173: Consideration of the Joint Exercise of Powers Membership Agreement
for the Orange County Regional Airport Authority (OCRAA).
City Manager Ruth stated that staff respectfully request that this item be
continued one week. The matter was subsequently continued as requested.
Roll Call Vote on Resolution Nos. 93R-166 through 93R-!69, bot. h inclusive, for
adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 93R-166 through 93R-169, both inclusive,
duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
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: CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 92-93-08,
CONDITIONAL USE PERMIT NO. 3603 AND NEGATIVE DECLARATION:
OWNER: Pierce Cranstoun Ommanney, Mary Fifield Ommanney, 1019 W. La
Palina Avenue, Anaheim, CA 92801
AGENT: Denny Muth, 373 N. Center Street, Orange, CA 92666
LOCATION/REQUEST: The property is located at 1019 West La Palma Avenue
and is approximately 0.56 of an acre located at the northwest corner of
La Palma Avenue and Leisure Court. The request is to reclassify the
subject property from the RS-A-43,000 (Residential/Agricultural) and CL
(Commercial, Limited) Zones to the CO (Commercial Office and
Professional) Zone. The Conditional Use is to permit a 2,548-square
foot, 24-hour, residential recovery home within an existing office
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City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 10, 1993 - 5:00 P.M.
building and in conjunction with a previously approved remedial
educational/ vocational facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 92-93-08 GRANTED (PC93-66) (6 yes votes, i no
vote ).
CUP NO. 3603 GRANTED, for 2 years (to expire 6/14/95) (PC93-67) (4 yes
votes, 3 no votes).
Approved Negative Declaration.
HEARING SET ON: The decision of the Planning Commission was appealed by Carol
Larson, Sunshine Nursery School and public hearing opened, input and testimony
received and subsequently the public hearing continued to August 10, 1993.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - July 15, 1993
Mailing to property owners within 300 feet - July 12, 1993
Posting of property - July 12, 1993
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated June 14, 1993.
Council Member Hunter left the Council Chamber. (6:30 p.m. )
City Attorney White. The public hearing was held two weeks ago and continued
to this date at the request of the applicant. In the interim, the City has
received a letter from the project applicant asking to withdraw the petition
for the CUP but continuing to request that the City Council approve the
rezoning to the C-O Zone. Tonight's public hearing was scheduled to be on
both items but it is his understanding the conditional use permit is no longer
the issue. The City Council could at this time, by motion, permit withdrawal
of the CUP taking that item out of the public hearing and then determine if
there is additional public testimony concerning the reclassification and act
upon that following completion of tonight's hearing. He confirmed for the
Mayor that all testimony taken two weeks ago is part of the hearing and should
not be repeated at tonight's hearing.
MOTION: Council Member Pickler moved to approve withdrawal of the request as
submitted by Dr. Pierce Ommanney and Dr. Mary Ommanney in letter dated
August 1, 1993. Council Member Daly seconded the motion. Council Member
Hunter was temporarily absent. MOTION CARRIED.
Council Member Pickler. Relative to the rezoning, if they change the
reclassification from what it is now, he would like clarification on the
difference and if there will be more or less restrictions if the zoning is
changed.
Annika Santalahti, Z0nin~ Administrator. Rsela~sifieati0n to
would bring the entire property into conformity with the General Plan for the
area. In terms of development standards, she does not believe anything will
be effective one way or the other. C-L zoning allows retail uses and
restaurants by right. The C-O Zone allows office uses only including medical.
No retail would be allowed unless part of a complex and this is not part of a
complex. She confirmed for the Mayor it is fair to say that the C-O Zone
which is being requested is more restrictive than C-L which is the current
zoning and if in the future they wanted to have retail sales, they would have
to rezone the property and amend the General Plan.
Mayor Daly asked to hear from the applicant.
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City Hall, _Anaheim_, California - COUNCIL MINUTES - AUGUST 10, 1993 - 5:00 P.M.
Dr. Pierce Ommanney, Psychological Guidance Center. They have owned the
property for over 30 years and are requesting the reclassification to the
C-O Zone. Mayor Daly then stated having heard from persons opposed to the
conditional use permit (see minutes of July 27, 1993) he asked if there were
any additional comments from persons opposed solely to the reclassification.
Council Member Hunter entered the Council Chamber. (6:37 p.m. )
Phillip Anthony. He is representing the appellants who are opposed to the
zone change and the CUP. They appreciate the withdrawal of the CUP but their
reasons for opposition also apply to the zone change. Relative to the staff
explanation, he was under the impression that C-L Zoning is generally more
restrictive than C-O. Otherwise, why would a use for alcohol rehabilitation
require C-O.
Joel Fick, Planning Director. The conditional use permit would have been
required with either C-L or C-O. The reason for the rezoning is a portion of
the property is presently zoned residential agricultural so a rezoning action
was necessary for the proposal to take place. It is true that the C-O Zone is
a more restrictive zone than the C-L. He clarified that the alcohol
rehabilitation facility would have been allowed in the C-L Zone with a CUP.
Additional discussion followed between Mr. Anthony, Council Members and staff
relative to the zoning issue at the conclusion of which, Mr. Anthony stated
they are pleased that C-O is a safe zoning and more restrictive than C-L.
Barbara Polentz. She has owned the property at 1007 and 1011 La Palma Avenue
for over 30 years. She is opposed to an alcohol rehabilitation facility
directly adjacent to her property. She is aware that the CUP for this use has
been withdrawn but wanted once again to express her opposition.
Mayor Daly asked if the applicant wish to speak to any of the comments; Dr.
Ommanney answered no.
COUNCIL ACTION:
Mayor Daly closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Pickler, 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
hav~ a ~Ign£££¢ant ~££ect Qn ~he envlronmen~. MOTION ~ARRI~D.
Council Member Pickler offered Resolution No. 93R-170 for adoption, approving
Reclassification 92-93-08 to the C-O Zone. Refer to Resolution Book.
RESOLUTION NO. 93R-170: 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.
Roll Call Vote on Resolution No. 93R-170 for adoption~
AYES '.
NOES:
ABSENT:
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
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C£ty Hall~ _Anahe£m~ California - COUNCIL MINIFTES - &UGUST 10~ 1993 - S:00 P.M.
The Mayor declared Resolution No. 93R-170 duly passed, and adopted.
D2. 176: PUBLIC HEARING - ABANDONMENT NO. 93-8A:
In accordance with application filed by Kaiser Foundation Hospitals, a public
hearing was held on proposed abandonment of a certain easement for public
access, restricted to bicycle and pedestrian use only (pedestrian and trail
easement located from the cul-de-sac on the north side of Maychelle Drive to
the Santa Aha River trail, adjacent to the property at 4705 Maychelle Drive)
pursuant to Resolution No. 93R-158 duly published in the Anaheim Bulletin and
notices thereof posted in accordance with law.
Report of the City Engineer dated July 2, 1993 was submitted recommending
approval of said abandonment.
Natalie Lockman, Principal Civil Engineer. This trail has never been
developed or used. It is too narrow to provide adequate access. It basically
collects trash. Staff supports the proposal to abandon the trail easement.
Mayor Daly opened the public hearing.
Vance Ferakawa, Land Use Manager, Kaiser Permanente. They have read and agree
with the staff report. He is present to answer any questions.
Robyn Giannelli, 4705 Maychelle. Anaheim. She supports the proposed
abandonment.
COUNCIL ACTION:
Mayor Daly closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council
Member Pickler, seconded by Council Member Simpson, the City Council finds
that the proposed activity falls within the definition of Class 5, of the City
of Anaheim guidelines to the requirements for an Environmental Impact Report
and is, therefore, categorically exempt from the requirements to file an EIR.
MOT I ON CARR I ED.
Council Member Pickler offered Resolution No. 93R-171 for adoption, approving
Abandonment No. 93-8A. Refer to Resolution Book.
RESOLUTION NO. 93R-171: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING THAT CERTAIN EASEMENT FOR BICYCLE AND PEDESTRIAN PURPOSES
EXTENDING NORTHERLY FROM MAYCHELLE DRIVE TO THE SANTA ANA RIVER TRAIL (93-8A).
Roll Call Vote on Resolution No. 93R-171 for adoption:
AYES:
NOES .'
ABSENT:
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS'. None
COUNCIL MEMBERS: None
The Mayor declared Resolution No. 93R-171 duly passed and adopted.
B1. 179: REQUEST FOR EXTENSION OF TIME - CONDITIONAL USE PERMIT NO. 3241:
REQUESTED BY: Frank Elfend, Elfend & Associates, 610 Newport Center
Drive, Suite 1290, Newport Beach, CA 92660. The property is located at
201 West Katella Avenue. The petitioner is requesting an extension of
time retroactive to June 19, 1993 and to expire on June 19, 1994 to
comply with conditions of approval. Conditional Use Permit No. 3241 is
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to permit a 12-story 384 unit hotel on property located at 201 West
Katella Avenue.
Submitted was a five-page report dated August 3, 1993 from the Zoning
Administrator, Annika Santalahti recommending that the time extension be
granted to expire June 19, 1994, subject to two conditions as listed on Page 1
of the report (1 and 2, a through e). Pages 2 through 5 of the report
contained a detailed discussion relating to the request for the extensions
specifically the conditions which must be met prior to the issuance of a
building permit and the discrepancies between the current C-R code standards,
applicable Specific Plan 92-1 standards (Disneyland Resort Specific Plan) and
the subject proposal.
City Attorney White. He explained for the mayor that this is not a public
hearing but under the provisions of the Brown Act, it is incumbent upon the
Council to allow any member of the public who wishes to speak on any agenda
item to speak before any action is taken. He would recommend anyone who
wishes to do so on this item either in favor or in opposition be given that
opportunity at this time.
Mayor Daly first called for a summary of the staff recommendation on this
item; Joel Fick, Planning Director briefed the extensive report submitted
specifically the conditions recommended by staff should the extension be
approved. In concluding, he stated there is one addition which he has
reviewed with the project applicant and a representative. Condition No. 8 of
the original CUP addresses the costs of the right turn lane along Katella. In
the event the City does construct, or there is construction of that right turn
lane, that the property owner shall reimburse its fair share to the City for
the actual cost of the right turn lane. The applicant is in agreement with
that addition.
City Attorney White. For purposes of discussion, he recommends that be deemed
Condition No. 3 added to the staff report. Currently the report contains
recommended Condition No. 1 and Condition No. 2, a through e. The Planning
Director has now recommended another condition as a clarification to existing
Condition No. 8.
Frank Elfend, President, Elfend and Associates, 610 Newport Center Drive,
Suite 1290, Newport Beach. Mr. Tushar Patel is also present if there are any
questions and Mr. Carmen Morinello, Counsel to Tarsadia. Most of his comments
tonight are contained in his letter transmitted to the Council dated August 9,
1993 (letter subsequently made a part of the record). He then elaborated on
four items they feel relevant and important - (1) two of the three Tarsadia
projects have already been built - the Crystal Suites Hotel and the Peacock
Suites Hotel. The third hotel is the Katella Hotel (the subject of the
requested extension of time). The two completed hotels have created jobs in
the City, generated substantial TOT and property tax revenue in spite of one
of the worst economic recessions in the real estate industry. They have kept
their word, made a commitment and they have built their projects. (2) When
the City enacted the moratorium in the C-R Area, the City exempted the Katella
Hotel and the other two projects. When the City provided new zoning code
standards and new development standards, they were exempted from those
standards. When the City came up with the C-R Area Specific Plan, they were
exempted from the Specific Plan for a variety of reasons which he explained.
Ultimately, no one said new standards would be applied in the future or when
they were exempted that there was any time limit placed on the exemption.
(3) During approval and review of the Disney Resort Project, they expressed
concern that the Disney project would adversely affect their property, and
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that the widening of Katella would make the project unbuildable. The
restriction created by the new height ordinance would also render it
unbuildable. As a result of an 11th hour change by Disney deleting the
Fujishige property, that issue was resolved. He elaborated further on the
economic impact of this issue on his client. They met with staff, the City
Manager and Assistant City Manager and indicated it was their intent to make
it a win-win scenario for both Disney and his client in the context of working
out a compromise with the development proposal. Unfortunately, no compromise
was ever reached and aside from meeting one time, there was no further
discussion. (4) Relative to the staff report, he has been before the Council
two other times and indicated their position has been that they have an
agreement with the City, they have followed through with their agreement and
do not believe the imposition of any additional conditions of approval would
be acceptable. However, what Mr. Fick indicated on the third condition which
he did discuss with him this evening regarding the widening of Katella, the
improvements and reimbursement, they did concur with that. The bottom line,
if the new conditions are implemented, the project cannot be built. It is an
additional 23 feet of right of way that the City created as a result of the
Wescot project. They cannot take 23 feet added in and build the project
unless there is some compromise that can be made between themselves and the
City. They are asking the Council to approve the extension without the
conditions suggested by staff. They have no problem with the third condition.
He asked that they allow the project to move forward and be built in the same
positive manner as the other two projects currently built in Anaheim which
have a very high occupancy rate.
Doug Moreland, Director of Development, Disney Development, 1313 Harbor
Boulevard, Anaheim. He was present to oppose the requested extension of time.
His extensive presentation outlined the reasons for their opposition (see
letter dated August 10, 1993, from Latham and Watkins, Attorneys at Law and
signed by Marian Harvey. In concluding, he stated that they believe approval
of a retroactive extension of Conditional Use Permit No. 3241 would violate
the City's own General Plan ordinances and resolutions and jeopardize the
purposes for which these ordinances and resolutions were adopted. They are
requesting that the City Council deny the retroactive extension of CUP 3241
and allow the applicant to submit a revised project and bring it into
conformance with the City's General Plan and other local and regional plans,
standards and policies.
Mayor Daly. He asked staff to comment on the presentations made. He noted
that staff is recommending that the CUP be approved for extension but
recommending that additional conditions be added. The applicant is not
willing to accept the new conditions. They are also hearing from adjacent
property owners who disagree with the staff recommendation and do not believe
that the CUP should be extended at all. Staff has made what appears to be a
compromise recommendation but neither the applicant nor the adjacent property
0wn~r appaar to b~ acc~ptin~ it.
Joel Fick, Planning Director. Relative to Mr. Elfend's comments about
commitments and compliance with maintaining agreements offered by the City,
the agreement offered by the City was to exempt the project from the standards
as adopted and for any future time extensions which were granted. Mr. Elfend
is correct, there was no discussion about the City not granting those
extensions. Conversely, there was no discussion about guaranteeing in
perpetuity the extensions running with the property.
Mayor Daly. The comment was made where previous staff reports which
recommended extensions of the CUP but stated that in the future, the project
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would be subjected to additional standards to bring it more closely in line
with 1990 Planning standards.
Joel Fick. The last two years they did prepare reports for Council
consideration concerning the extension of time referencing in both reports
putting the applicant on notice that staff was concerned about the changing
ordinances within that area and that in the future staff in its recommendation
may not recommend favorable to the City Council unless the project was brought
into closer compliance.
Mayor Daly. Getting to the heart of the matter, staff has recommended
additional conditions over and above the conditions recommended in 1991 and
1992. If the project is allowed to move forward with those conditions, will
there still be discrepancies between the design standard for this project and
adjacent properties or bring this entirely into compliance with 1990
standards.
Joel Fick. There still would be additional standards and the staff report
mentions several. Examples would be, setbacks along Zeyn Street. The Zoning
Code currently requires a greater setback along Zeyn and requires a 30 foot
setback along Katella as well. The staff recommendation takes the essence
from the input heard on both sides. They also wanted to give consideration to
the fact that the project had been approved by the City, Tarsadia has moved
forward on other projects and staff wanted to incorporate the items that were
of most importance to City staff in the recommendation to the Council. They
mentioned in the staff report that relative to the recently enacted height
ordinance, to the best of their calculation, this project would comply. In
terms of dedication along Katella Avenue which is now a "smart street", staff
feels they are very important to the vehicular and pedestrian appearance in
and around that area. They felt that the importance of Katella warranted
their recommending that .item be reconsidered.
Extensive discussion followed wherein questions were posed by Council Members
to staff with input from Mr. Elfend revolving around the conditions imposed by
staff and how best those conditions could be met. During the lengthy
exchange, Mr. Elfend again emphasized the impact the Disneyland project will
have on the area and their project especially the fact that the subject
project and the Crystal Suites project will be located next to the largest
parking structure in the world creating a very unique situation.
The balance of the discussion involved specifics of the conditions and those
that Mr. Elfend felt could not be met. A subsequent compromise was worked out
between staff and Mr. Elfend with input as well from Council Members. As a
result, the following changes and amendments to the conditions as proposed by
staff were agreed to by Mr. Elfend with the concurrence of staff:
1. That within a p~riod of 120 da¥~ from th~ dat~ of Council
approval of a time extension (120 days from August 10, 1993),
or prior to the issuance of a building permit, whichever
occurs first, the property owner shall irrevocably offer to
dedicate to the City of Anaheim additional right of way along
Katella Avenue to its ultimate half width; and
2. That prior to issuance of a building permit, revised plans
shall be submitted to the Planning Department for review
and approval, showing the following modifications:
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a) the minimum fully-landscaped structural
setback along Katella Avenue shall be seven (7)
feet as measured from the ultimate right of way;
b) in compliance with current Code standards,
required landscaping shall be installed in front
setbacks, surface parking areas and around parking
structures; and truck loading and bus parking areas
shall be provided.
3. To clarify original Condition No. 8 of CUP No. 3241, regarding
the construction of street improvements, (right turn lane on
Katella), by adding thereto: In the event these improvements
have been constructed by the City, the property owner shall
reimburse the City for their fair share of the actual cost of
the right turn lane.
MOTION: Council Member Hunter moved that the additional extension of time
requested for Conditional Use Permit No. 3241 pursuant to Anaheim Municipal
Code Section 18.03.090 be approved, retroactively for a period of one
additional year to expire on June 19, 1994 with staff conditions incorporated
as stated above and agreed to by the applicant. Council Member Simpson
seconded the motion.
Before a vote was taken, City Attorney White outlined point by point for the
Mayor how Council Member Hunter's motion differed from the staff
recommendation noting that Condition No. 3 was not previously a part of the
staff report as presented. Mr. White clarified that the added condition
orally offered by the Planning Director tonight is a clarification of existing
Condition No. 8 of Conditional Use Permit No. 3241 originally proposed as part
of the original resolution. The clarification is that the applicant would
reimburse the City for the City's cost of constructing the improvements as
proposed to the current condition.
Mayor Daly noted that the motion would delete three of the staff recommended
conditions - 2 b, c and d. He asked what impact will those have on the
Planning standards and the planning for the overall area.
Joel Fick, Planning Director. Items b and c referenced the setbacks from the
interior property lines. The project as approved does have a parking
structure in the rear which does abut the rear and side property lines. In
the event that there is a Specific Plan proposal and in the event that it is
approved and the adjacent properties are incorporated into the project, that
issue becomes less substantive. On d which relates to the setback or distance
from the public street right of way to a perpendicular parking space, the
traffic and transportation manager could best answer that.
John Lower, Traffic and Transportation Manager. The 40 feet that is part of
the standard is approximately two car lengths which is two car lengths from
the public street to the first stall so that there is no potential for
gridlock or cars backing out onto the arterial while parking or unparking
maneuvers are being made in the first parking space. It is a recent standard
in both the C-R Zoning and the Specific Plan.
Frank Elfend. It is a recent standard. Neither of their other two hotels
have it and it is not a problem with the way it has currently existed for
those two hotels.
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City Hall, Anaheim, California - COUNCIL MINUTES - AUOUST 10, 1993 - 5:00 P.M.
A vote was then taken on the foregoing motion, by Council Member Hunter
seconded by Council Member Simpson including the above articulated Items 1, 2a
and b and 3:
AYES: Feldhaus, Hunter, Pickler, Simpson
NOES .- Daly
ABSENT: None
Cl. COUNCIL COMMENTS:
114: CONDUCT OF PANHANDLING:
Council Member Feldhaus noted that at last week's meeting following the
Somebody presentation, Council discussed the subject issue and prior to ending
the discussion, Council Member Pickler asked the City Attorney to bring back
recommendations regarding the matter and perhaps even an ordinance to control
the conduct of panhandling. No motion was made at the time.
Council Member Feldhaus thereupon moved that the City Attorney prepare
recommendations to be brought back to the Council on the panhandling issue and
perhaps an ordinance for consideration that would control the conduct of
panhandling. Council Member Pickler seconded the motion.
Before further action was taken, Mayor Daly stated that previously the City
Attorney had prepared an analysis of alternatives that could be pursued. He
asked if the staff report should be based on that or fresh work.
Council Member Feldhaus. The City Attorney can utilize what he had before and
perhaps come back with some fresh ideas as well.
City Attorney White. Relative to a formal vote on the proposed motion, it has
been the practice when Council Members wish to request reports and additional
staff work that there at least be a consensus of three Council Members giving
him such direction. He can bring back some discussion points for the Council
and perhaps some action items in a few weeks. There might not be too much
updated other than providing specific language for types of ordinances in the
two areas he thought most likely defensible. He will bring back alternatives
for Council consideration.
There was a Council consensus directing the City Attorney to bring back a
report and alternative ordinances; Council Member Hunter was opposed
emphasizing in his opinion it is a waste of money. It deals with
constitutional law and is an exercise in futility. It is more important
instead to have more cops on the street.
ADJOURNMENT: By general Council consensus the Council meeting was adjourned.
(7:49 p.m.)
LEONORA N. SOHL, CITY CLERK
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