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1992/12/08The 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 ASSISTANT 'CITY CLERK: Ann M. Sauvageau UTILITIES GENERAL MANAGER: Edward Aghjayan CODE ENFORCEMENT MANAGER: John Pools DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson PLANNING DIRECTOR: Joel Fick ZONING ADMINISTRATOR: Annika Santalahti ZONING DIVISION MANAGER: Greg Hastings TRAFFIC AND TRANSPORTATION MANAGER: John Lower EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich PRINCIPAL CIVIL ENGINEER: Natalie Lockman A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:25 p.m. on December 4, 1992 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the' workshop portion of the meeting of December 8, 1992 to order at 3:00 p.m., all members being present with the exception of Council Member Hunter. City Manager James Ruth introduced the workshop portion to be given by the Public Utilities General Manager, Ed Aghjayan on the 5-year Undergrounding Plan. 175: UTILITIES 5-YEAR UNDERGROUNDING PLAN: Public Utilities General Manager, Ed Aghjayan first briefed the Council on what had been accomplished to date under the 5-year Undergrounding Plan which included a briefing on the criteria established working with the undergrounding subcommittee. The progress report consisted of a slide presentation, hard copies of which were subsequently submitted to the Council following the workshop session. The current 5-year Plan was reviewed, status of the current projects, etc. Time frames for design, construction and completion were given along with the location, description and cost of each project. In concluding his summary of the pregent plan, Mr. Aghjayan noted that the plan was one already approved by the Council consisting of eleven projects at a cost of $40 to $42 million. In working with the subcommittee, three options were presented - Plan A, B and C. Plan A is the current plan just summarized, Plan B is an expansion of the 5-year Plan adding one additional project on Gilbert Street at a cost of $3 million bringing the total to $45 million. Plan C goes one step Turther by adding another project at a cost of $5 million - the Katella Avenue extension thus increasing the total plan to thirteen projects for a total of $50 million. Plan C would be the maximum effort. The additional project in Plan B is unfunded at $3 million and in Plan C, $8 million is unfunded. After the subcommittee discussed and considered the matter in depth, they recommended Plan B to the Public Utilities Board who subsequently adopted that recommendation. He believes they can work around the shortfall of funding of $3 million by doing some short-term borrowing rather than affecting utility rates or taking it from another source. He feels it is the most physically prudent course. The department said they would be willing to try Plan C, but were not sure at this time where they 785 City Hallt ~__-ahe~, California - COUNCIL MINUTES - DEC__~_ ER 8t 1992 - 5:00 P.M. would get the additional $5 million which would probably ultimately have an effect on rates. He reiterated the Public Utilities Board is recommending Plan B to the Council. Before concluding, Mr. Aghjayan also briefed eleven alternative projects and the projected costs of each, which projects would be included for undergrounding as the program is expanded in future years. He then acknowledged members Df his staff who have headed up and have been working on the program and commended them for the job they are doing. Council Member Pickler. He would like to see Plan C implemented; however, he feels Plan B is realistic at this time. If they proceed with Plan B, they can always go to Plan C in the future. Mr. Aghjayan then confirmed for Council Member Feldhaus that the figures presented were in today's dollars and not 5-year Plan dollars; Council Member Feldhaus felt that might be another reason to look at Plan C. If they are going to do short-term borrowing, for the differential of $5 million, he felt perhaps it would be prudent because of the money that will be saved as they escalate the plan. Ed Aghjayan. If they have the money to implement Plan C, they will come back to the Council next year. They will probably have to do short-term borrowing in any case. There is a heavy cash flow problem and they will be spending a lot of money 2 to 2~ years from now. Mayor Daly and the Council thanked Mr. Aghjayan for the update and expressed how pleased they were to see undergrounding plan proceeding as reported. It is something that has been talked about for many years and is finally coming to fruition. ~QUEST FOR CLOSED SESSION:. City Attorney Jack White requested a Closed Session to consider the following items: a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9 (a) to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46; Anaheim Stadium Associates vs. City of Anaheim, et. al., Orange County Superior Court Case No. 44-81-74. McCullough v. City of Anaheim, Orange County Superior Court Case No. 64-99-65. Ataie v. City of Anaheim, Orange County Superior Court Case No. 65-53-86. Adams International Metals v. City of Anaheim, Orange County Superior Court Case No. 69-97-13. b. To meet with and give directions to its authorized representative regarding labor relations matters - Government Code Section 54957.6. c. To consider and take possible action upon personnel matters 'pursuant to Government Code Section 54957. 786 Hall Anahe~ Cal£forn£a - COUNCIL MINIFTE$ - DECEMBER 8 1992 - 5:00 P.M. 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. RECESS - CLOSED SESSION.'_ Council Member Simpson moved to recess into Closed Session, Council Member Pickler seconded the motion. Council Member Hunter was absent. MOTION CARRIED. (3: 20 p.m. ) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present including Council Member Hunter, and welcomed those in attendance to the Council meeting. (5:45 p.m. ) o INVOCATION: Bruce J. Cramer, Pastor, Anaheim First Christian Church, gave the invocation. FLAG SALUTE..'. Council Member Frank Feldhaus led the assembly in the Pledge of Allegiance to the Flag. FINANCI~!, DEMANDS AGAINST THE CITY in the amount of $1,826,083.26 for the period ending December 4, 1992, 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 =49 p.m. ) Mayor Daly reconvened the City Council meeting. (5:54 p.m. ) PUBLIC COM~_ENTS - AGENDA ITEMS.'.. Public input was received on Agenda Items Bll and Cl (see discussion under those items). ITEMS OF PUBLIC INTEREST~ Millie Summerlin, 11391 Acacia Parkway, Garden Grove. The Draft EIR for the Disney project has been distributed. She is present to express the disappointment of the City of Garden Grove that Anaheim was not willing to extend the public re~iew l)eriod from 45 to 90 days. The request has already been made by Garden Grove and it has been ~en£e~. Car~en Crove iB not opposed to the project because it could have beneficial effects for the region. The concern is that it is such a large project it could have potential impacts on their City and they want to be able to assure their citizens and businesses are adequately represented and protected. Doug Kintz, 2012 Norma Lane, Anaheim. He would also like the Council to extend the review period on the Disney Project EIR. Since a great deal of money has been spent on the document, the citizenry should have sufficient opportunity to review all the documentation. The City of Garden Grove has requested an extension of the review ~eriod as well as the City of Orange and the school districts. He implored the Council to extend the review period for a reasonable time. Ross Romero. He is a member of Los Amigos and a realtor in Anaheim at 1800 S. ~ahe~ Blvd. (residence, 1024 W. Syc~'nore). He is also present to discuss 787 C£ty Rall~ ~nahe'~ Cal£~orn£a-,COUNCIL MINUTE~- DECENB_ ER 8~ 1992 - 5:00 P.M. the Disney Project EIR. He is not necessarily opposed - Disneyland has been a positive factor for Anaheim and the County, but he has great concerns about the proposed expansion particularly relative to housing and the ultimate impact the project will have on the schools. He is concerned about the quickness with which ~he decision is being made and the inability for maximum citizen participation. Many groups have requested an extension. There is a discrepancy between what was reported in the newspaper relative to the potential impact on schools and that stated in the EIR. He then explained his concern relative to the discrepancy. He urged that the Council grant additional time for review. City Attorney White. In response to Mr. Romero and others, anyone who has public comments relative to the EIR should put those comments in writing and address them to the City in the manner provided in the legal notice so that the City can handle them properly and respond to those comments. Betty Ronconi, 1241S. Walnut, Anaheim. She is speaking as a homeowner in the area of Disneyland and also a board member of HOME. The City Attorney stated they need to respond in writing and that is why they have requested an extension of the public review period on the Disneyland Project EIR. They want to make intelligent and comprehensive responses. In the short time they have had to look at the documentation, they find many of the impacts are not being adequately addressed. They are only asking for an extension of time for their consideration as well as the Councils. There are people in the audience tonight whose homes will be affected by one of the largest proposed parking structures in the world and amphitheater with shows at night. They want to work with the City but also want the City to consider the residential area. She then confirmed for Mayor Daly that they feel 45 days additional for review would be adequate, ft would take the deadline out of the holiday season time frame where there are a lot of extra pressures to begin with. Staff then confirmed for the Mayor that the present deadline for public comments on the Draft EIR is December 28, 1992. Mayor Daly. December 28, 1992 is currently the deadline for comments according to State law. He thanked everyone for their input on the possibility of extending the EIR comment. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR= On motion by Council Member Pickler, seconded by Council Member Simpson, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar~ Council Member Pickler offered Resolution No. 92R-243 for adoption and offered Ordinance No. 5344 for introduction. Refer to Resolution Book. WAIVER OF READING - RESOLUTION: The title of the following resolution Was read by the City Clerk. (Resolution No. 92R-243) Council Member Pickler moved to waive the reading in full of the resolution. Council Member Simpson seconded the motion. MOTION CARRIED. Al. 118: The following claims were filed against the City and action taken as recommended: · Claims rejected and referred to Risk Management: 788 a. Claim submitted by Joshua Dean Lindstrom by and through his Guardian ad Litem, Lydia Beltran-Lindstrom, c/o Richard A. Solomon, for bodily injury sustained purportedly due to actions of the City on or about April 24, 1992. b. Claim submitted by Tim Taylor for bodily injury sustained purportedly due to actions of the City on or about April 7, 1992. c. Claim submitted by Alex E. Willis for property damage sustained purportedly due to actions of the City on or about November 3, 1992. d. Claim submitted by Farmers Insurance Group, attn: Suzanne N. Estrada, for property damage sustained purportedly due to actions of the City on or about May 5, 1992. e. Claim submitted by Susan J. Bousseau, c/o Mr. Bryant Calloway, for property damage sustained purportedly due to actions of the City on or about May 11, 1992. f. Claim submitted by Faith G. Groves for bodily injury sustained purportedly due to actions of the City on or about September 29, 1992. g. Claim submitted by LaVerne DeFendis for bodily injury sustained purportedly due to actions of the City on or about July 23, 1992. h. Claim submitted by TWA - Anaheim Ltd. Partnership & The Taubman Co., Inc, for property damage sustained purportedly due to actions of the City on or about June 12, 1992. A2. 156: Receiving and filing the Anaheim Police Department Crime and Clearance Analysis for the month of October, 1992. 105: Receiving and filing minutes of the Public Utilities Board meeting held August 20, 1992. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting of October 28, 1992. Council Member Feldhaus posed questions to staff relative to the appointment of a Redevelopment Commissioner as the CDBG representative which were answered by Lisa Stipkovich, Executive Director of Community Development. 173: Receiving and filing the application of the Southern California Water Company before the Public Utillties Commission of the State of California for authority pursuant to Public Utilities Code Sections 455 to establish a Tax Memorandum Account. 105: Receiving and filing minutes of the Anaheim Private Industry Council meetings held August 20, 1992, and September 24, 1992. . A3. 123: Approving and authorizing the Mayor and City Clerk to execute 14 Local Agency-State Agreement Supplements covering projects in the City of Anaheim. A4. 169: Awarding the contract to the lowest and best responsible bidder, R.J. Noble, in the amount of $209,669.35 for Lincoln Avenue Street Improvement Sunkist Street to State College Boulevard; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the 789 C£2¥ Hall~ Anahe_~m~ Cal£~orn£a - COUNCIL MINIJTES - DECEMBER 8~ 1992 - 5~00 P.M. second low bidder, as well as waiving any irregularities in the bids of both the low and second Iow bidders. AS. 169: Awarding the contract to the lowest and best responsible bidder, R.J. Noble, in the a~ount of $247,855.25 for Katella Avenue Street Improvement Howell Avenue to State College Boulevard; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second iow bidder, as well as waiving any irregularities in the bids of both the iow and second iow'bidders. A6. 169: Awarding the contract to the lowest and best responsible bidder, Boral Resources, Inc., in the amount of $302,683.66 for Nohl Ranch Road Street Improvements Meats Avenue to west City limit; and in the event said iow 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 Iow bidders. A7. 123: Approving a First Amendment to Agreement, increasing the maximum amount of the contract by $40,000 to a new total of $240,000 with IWA Engineers for administrative, coordination and support services for the I-5 Freeway widening. A8. 131: RESOLUTION NO. 92R-243: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING THE TUSTIN AVENUE BRIDGE TO BE A COUNTY HIGHWAY. A9. 175: Approving Contract Change Order No. 1, in the amount of $27,718.22 in favor of Kana Pipeline, for the construction of Meter Vault Rehabilitation and/or Replacement (City-wide). · Council Member Feldhaus posed questions relative to this item which were answered by Ed Alario, Assistant General Manager Water Services & Warehouse. Al0. 106: Amending the FY 1992-93 Budget for Public Works - Engineering's Capital Improvement Projects by increasing appropriations in expenditure Account No. 15-792-6310 (Architectural and Engineering Services) by $40,000; and increasing appropriations in revenue Account No. 15-3167 (Orange County Transportation Authority) by $40,000. All. 155: Approving the Mitigated Negative Declaration, adopting the Mitigation Monitoring Program No. 0059, and approving same on the basis that the City Council has considered the critical intersection project at Katella Avenue/State College Boulevard, together with any comments received during the public review process; and further finding (on the basis of the environmental assessment) that there is no substantial evidence that the project will have a significant effect on the environment, and that the environmental assessment reflects the independent judgement of the City. A12. 175: Approving the Five-Year Electric Underground Conversion Program, with an estimated capital cost of $45 million, as recommended by the Public Utilities Board at their meeting of December 3, 1992. A13. 156: ORDINANCE NO. 5344 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTXON 4.95.140 OF CHAPTER 4.95 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO INSPECTION OF ALARM SYSTEMS. A14. 139/114: Approving the Legislative Program Goals and Objectives and Legislative Strategy for 1993 included in the City of Anaheim Legislative Program Report for 1992; and receiving and filing the final report of the 1992 790 tit Hall Anahe£m Cal'Iforn:i.a - COUNCZL MZNUTES - DECEMBER 8 1992 - 5:00 P.M. Legislative Program; and appointing two Council Members to the Legislative Liaison Committee. City Clerk Sohl noted that part of the action is to appoint two Council Members to the Legislative Liaison Committee; Mayor Daly. Those appointments will be handled as a part of the appointments to the other committee assignments the first meeting in January. The current liaisons will cover the Thursday Legislative Committee meeting. ~ A15. 153: Authorizing full-time City of Anaheim Employees to participate in a one-time accrued vacation buy out, to provide a cash donation to a seriously injured employee in the Public Utilities Department. Al6. 153: Approving the 1993 EquiCorp Administrative Services Only fees for the City self-funded medical plan of $23.01 per employee per month, and $12.14 per claims transaction; and approving the 1993 Vision Service Plan rates for the self-funded medical plan of $18.52 per employee per month; and approving the 1993 Specific Stop Loss rates for the self-funded City medical plan of $13.17 per employee per month, and $14.62 for additional dependents; and approving technical amendments to the agreement with Standard Insurance and the City for Long Term Disability coverages to change from a refund to pooled basis, and change from a 60 to a 30-day premium grace period; and approving the 1993 Long Term Di. sability plan rates of $0.75 per $100 of payroll for miscellaneous and non-represented safety employees and $0.28 ~er $100 of payroll for represented safety employees; and authorizing the Human Resources Director to sign all renewal agreements on behalf of the City. A17. 123: Granting a 90-day extension to the 1988 contract with ARA Leisure Services which provides for food service at the Anaheim Convention Center. A18. 156: Approving the submittal of an application to the State Judiciary Council for Petroleum Violation Escrow Account Application grant funds. A19. 114: Approving minutes-of the City Council meeting held November 3, 1992. A20. 123: Approving the 1992 Settlement Agreement with Southern California Edison Company and the Cities of Azusa, Banning, Colton, and Riverside, and authorizing the .Public Utilities General Manager to execute said Agreement and other related documents. A20a. 160: Waive the sealed bidding requirements of Council Policy No. 306 and authorize the purchasing agent to issue a purchase order to the Trane Company, City of Industry, California, in the amount of $100,295 (plus applicable taxes and freight), for one 565-ton chiller at the Convention Center and to issue a purchase order in an amount not to exceed $50,000 for the removal and disposal of the existing chiller and installation of the new chiller. ' Submitted was report dated December 4, 1992 from the Purchasing Agent, Diane Hughart recommending approval of the subject purchase orders. City Attorney White. It will be necessary prior to approving the item that the Council by motion find that the need to act arose since the agenda was prepared last Friday. The facts supporting that urgency are that the City only in the last few days discovered in order to meet the ordering schedule to have the chiller installed before the large convention in January, the lead time necessary necessitates acting this evening rather than next Tuesday. 791 C£t¥ Rallt ~.ahe~_t CalSforn£a - COUNCIL NINUTES - DEC__~_~ER 8~ 1992 - 5:00 MOTION~ Council Member Simpson moved to waive the 72-hour posting provisions of the Brown Act for the reasons articulated by the City Attorney, Council Member Pickler seconded the motion. MOTION CARRIED. Roll Call Vote on Resolution No. 92R-243 for adoption: AYES: NOES: ABSENT COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson and Daly COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution No. 92R-243 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS C2~RRIED. A21. 114: APPOINT~_E'NT TO THE ORANGE COUNTY WATER DISTRICT BOARD OF DIRECTORS: City Clerk Sohl first confirmed that a letter of resignation had not yet been received from Mr. Ehrle, but the intent is that a letter will be forthcoming · City Attorney White. The Council can replace former Council Member Ehrle with a new appointee to the Board or the matter can be carried over until receipt of the letter of resignation. Mayor Daly. On the understanding that the letter is on the way, he moved to appoint Council Member Irv Pickler to serve as the City's representative on the Orange County Water District Board of Directors. Council Member Feldhaus seconded the motion. MOTION CARRIED. A22. 101: KATELL_~-DOUGL_~SS PUBLIC PARKING FACILITY - RELOCATION OF BLEC~_ERT' S DIESEL REPAIRr INC: Submitted was report dated December 7, 1992 from the Community Development Department recommending that the Council authorize additional expenditures to complete relocation of Bleckert's Diesel Repair, Inc. Lisa Stipkovich, Executive Director of Community Development. Staff is asking that the Council increase the relocation amount previously approved last week by $120,000 increasing the amount to $395,000. This is based upon very specific information received from the contractor for Mr. Bleckert and an itemized estimate of what the actual relocation costs will be. Council Member Pickler. When the item last came before the Council on December 1, 1992, his intent was to vote no. He would like to change his vote to a no vote (see Item A19 of the City Council meeting of December 1, 1992). City Attorney White. Council Member Pickler can change his vote to a no vote because that change will not affect the results o£ ~he vo~e. I~ [~ would havQ changed the outcome, then it would have been necessary to move to rescind the previous motion. If the intent was to vote no, he suggested that the City Clerk be directed to make the change in the minutes accordingly when those are presented. Council Member Pickler. He declared he intended to vote no on Item A19 on December 1, 1992. He is concerned that the City sometimes gets adverse publicity relative to relocations. In this case, it is his belief that the individual is hurting the City and taking advantage of the situation. The last owner of the property was supposed to move the business when he moved but did not do so while he got his full value if not more. 792 C£t¥ ~al].r Anahe'l-m-r Cal.£~orn£a - COUNCIL MINUTES - DEC__m~m__ER 8r 1992 - 5**00 P.M. MOTION= Council Member Simpson moved to authorize additional expenditures necessary to complete the relocation of Bleckert's Diesel Repair, Inc., as requested in memorandum dated December 7, 1992. Council Member Hunter seconded the motion. Council. Member Pickler voted no. MOTION CARRIED. A23. 121: HEARING - ~SOLUTION OF NECESSITY TO ACQUIRE BY CONDEMNATION CERTAIN ~An PROPERTY INTE~ST SET 1650 AND 1654 S. DOUGLASS ROAD (Bleckert's Diesel Repair): Submitted was report dated December 8, 1992 from the Community Development Department recommending adoption of the subject resolution and authorizing the law firm of Oliver, Bart, and Vose, special counsel to the Agency to proceed with said condemnation action. Mayor Daly. This is the time and place for the hearing on the proposed acquisition by eminent domain of certain property interests related to the real property located at 1650 and 1654 S. Douglass Road in the City of Anaheim. He asked to hear from the Executive Director of Community Development, Lisa Stipkovich. Lisa Stipkovich, Executive Director of Community Development. Staff is asking the Council to consider taking action by adopting a resolution of necessity to acquire the subject property. It is a particularly critical piece and the last property needed to complete the Arena project. It is of some urgency because they have an mbligation to perform under agreements with the operator to prepare the site in accordance with the contract. They must vacate the property as soon as possible. The tenant was supposed to vacate on November 1, and failed to do so. Staff has been in discussion with him regarding his potential relocation but has not reached any final agreement with him. If this is approved by the Council, they will still continue to negotiate with the tenant to effectuate the relocation. It is necessary for the Council to consider this tonight in order to fulfill all their obligations under the Arena project. Mayor Daly opened the hearing and invited the owner of the real property interest or his representative to present testimony on any of the following issues only: 1. Whether the public interest and necessity require the project. 2. Whether the project is planned and located in a manner that will be the most compatible with the greatest public good and least private injury. Whether the property mought to bo acquired is necessary for the project. 4. Whether the offer required by 7267.2 of the Government Code has been made' to the owner or owners of record. No one came forward to give testimony. The Mayor thereupon closed the hearing. WAIVER OF ~R~ADING - RESOLUTION,: The title of the following resolution was read by the City Clerk. (Resolution No. 92R-244) Council Member Simpson moved to waive the reading in full of the resolution. Council Member Daly seconded the motion. MOTION CARRIED. 793 City Hal].r Anaheim, Ca].££orn:La - COUNCIL M];HUTEs- DECEMBER 8r 1992 - 5**00 P,M, Council Member Simpson offered Resolution No. 92R-244 for adoption. Refer to Resolution Book. .RESOLUTION NO. 92R-244: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY. · (Lyle Bleckert ) Roll Call Vote on Resolution No. 92R-244 for adoptions AYES: NOES: ABSENT: COUNCIL MEMBERS: Feldhaus, Hunter, Simpson and Daly COUNCIL MEMBERS = Pickler COUNCIL MEMBERS = None The Mayor declared Resolution No. 92R-244 duly passed and adopted. ITEMS BI - B8 FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 16r 1992 INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 8· 1992 BI. 179 s RECLASSIFICATION NO. 92-93-02 · WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3548 AND NEGATIVE DECLARATION s OWNERs Bryan Industrial Properties, 143 E. Orangethorpe Ave., Anaheim, CA 92801; Edward L. And Maris Vanagd, 1510 N. State College, Anaheim, CA 92801 AGENT: Garner Chow Associates, Architect, Attn: Jerry N. Garner, 500 Silver Spur Rd., Ste. $111, Palos Verdes Peninsula, CA 90274 LOCATION: 1500-1542 North State College Boulevard. Property is approximately 2.62 acres located at the northeast corner of Via Burton Street and State College Boulevard. For a change in zone from the ML to CL Zone. To permit the conversion of an existing 44,334 square foot industrial complex to a 9-unit commercial retail center with waiver of minimum number of parking 9paces. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 92-93-02 GRANTED (PC92-133) (6 yes votes, 1 vacancy ). CUP NO. 3548 GRANTED (PC92-134). Waiver of code requirement APPROVED. Approved Negative Declaration. Council Member Feldhaus posed questions to staff regarding proposed parking for the project which were answered by both Greg Hastings, Zoning Division Manager and John Lower, Traffic and Transportation Manager. Both confirmed that after careful and extensive analysis of the parking situation, it was determined to be 9ufficient for the use at this time. B2. 134: GENERAL PLAN AMENDMENT NO. 332 ~ NEGATIVE DECLARATIONs INITIATED BY: City of Anaheim, 200 S. Anaheim Boulevard, Anaheim, CA 92803 LOCATION: Anaheim Boulevard between Harbor Boulevard and Lemon Street. A City-Initiated amendment to the Circulation Element of the General Plan redesignating a portion of Anaheim Boulevard between Harbor Boulevard and Lemon Street, from a Primary Arterial to a local Street. ACTION TAKEN BY THE PLANNING COMMISSION: GPA NO. 332 GRANTED (PC92-135) (6 yes votes, i vacancy). Approved Negative Declaration. 794 C£t Hall Anahe£m Cal£~orn£a - COOlq¢~ bI~NUTES - DECEMBER 8 1992 - 5:00 P.M. This item requires a public hearing due to the General Plan Amendment. A public hearing is scheduled for January 5, 1993. B3. 179: WAIVER OF CODE ~QUI~~NTm CONDITION~ USE PERMIT NO. 3564 AND NEGATIVE DECLARATION: OWNER= La Mirage Anaheim, ATTN: Ching-fa Chien, 11546 South Street, Ste. 67, Cerritos, CA 90701 AGENT: Dinesh Patel, 2771 W. Lincoln Avenue, Anaheim, CA 92804 LOCATION: 3111'W. Lincoln Avenue. Property is approximately 0.64 acre located on the north side of Lincoln Avenue and approximately 95 feet west of the centerline of Grand Avenue. To permit a 2,688-square foot convenience market with waiver of minimum number of parking spaces. . ACTION TAF~N BY THE PL_~NNING COMMISSION: CUP NO. 3564 GRANTED (PC92-136) (6 yes votes, i vacancy). Waiver of code requirement APPROVED. Approved Negative Declaration. A review of the Planning Commission's decision was requested by Council Member Pickler, concurred in by Council Member Hunter, and therefore, a public hearing will be scheduled at a later date. B4. 179: VARIANCE NO. 4205 m CATEGORICALLY EXEMPT ~ CLASS 11 :.. OWNER: Thomas H. Taylor and Richard B. Taylor, 22706 Aspan, $504, Lake Forest, CA 92630 AGENT: Speedy Sign-a-Rama, Attn: Alex Henry, 1376 East Edinger Ave., Santa Ana, CA 92705 LOCATION: 8285 East Santa Ana Canyon Road. Property is approximately 1.54 acres located at the northwest corner of Weir Canyon Road and Santa Ana Canyon Road. Waiver of maximum number of wall signs to construct a second, 25-square foot wall sign for an existing liquor store. ACTION TA~N BY THE PLANNING COMMISSION: Variance No. 4205 DENIED (PC92-137) (6 yes votes, i vacancy). The decision of the Planning Commission was appealed by the owner and, therefore, a public hearing is scheduled for January 5, 1993. BS. 134: GENER~ PLAN LAND USE STUDY OF T_~_ BROaDWAY-MANCHESTER INDUSTRIAL ACTION TA~gN BY THE P_LANNING COMMI$$ION~ Determined that it is appropriate to consider land use alternatives for the area based on surrounding Planning activities, and that staff bring a work program back to the Planning Commission within two months outlining subject land use alternatives. B6. 179: CONDITION~ USE PERMIT NO. 3253 - DETERMINATION OF SUBSTANTIAL CONFORMANCE WITH P~VIOUSLY APPROVED PL_~NS PERTAINING TO ROOF-MOU~TED EOUIPMENT REQUESTED BY: Tony Zendejas LOCATION: 5675 E. La Palma, Suite 300. Petitioner requests determination of substantial conformance with previously approved plans pertaining to roof-mounted equipment to permit a commercial retail center and semi-enclosed restaurant with on-premise sale and consumption of alcoholic beverages with waivers of minimum 795 City Hallr ~_.ahe£mr C.alifornia - COUNCIL MINUTES - DECEN~ER 8~ 1992 - 5:00 P.M. number of parking spaces, minimum structural setback, and prohibited roof-mounted equipment. ACTION TAKEN BY THE P__LANNING COMMISSION: APPROVED. B7. 179: CONDITIONAL USE PERMIT NO. 259 - ~_EQUEST FOR PLANNING COMMISSION ~_~COMWENDATION TO CITY COUNCIL ~.GA~ING POSSIBLE TE.RMINATION OR MODIFICATION:. REQUEST: A cityhinitiated request for Planning Commission recommendation to City Council regarding possible termination or modification of Conditional Use Permit No. 259 (to establish a hofbrau and repair garage). Property is located at 1009 E. Balsam Avenue. ACTION TAK__~N BY T_B~_ PL_~NNING COMMISSION: Determined that there are grounds for the City Council to set CUP NO. 259 for a public hearing to consider its termination or modification. (6 yes votes, i vacancy). MOTION;. On motion by Council Member Feldhaus, seconded by Council Member Daly the Council approved Betting a public hearing on the subject to be scheduled Tuesday, January 12, 1993. o B8. 134: ORANGE COUNTY ENVIRO~NT~_~ MANAGE~NT AGENCY-REQUEST TO DETERMINE CONFORMANCE WITH THE GENERAL pL_~N-PROpERT¥ IS LOCATED WITHIN THE HIGHLA~bS AT ANAHEIM HILLS SPECIFIC PL_~N NO. 87-1 (DEER C~NYON}: ACTION TAKEN BY THE PLANNING COMMISSIO..N: Finding that the request of the County of Orange Environmental Management Agency to quitclaim their open space easement within Deer Canyon to the City of Anaheim is in conformance with the City of Anaheim General Plan. (5 yes votes, i absent, and i vacancy. ) END OF THE PLANNING COMMISSION ITEMS. B9. 179: O~INANCE NO. 5343 FOR ADOPTION: Amending Title 18 to rezone property under Reclassification No. 90-91-19 located at 2625 W. Lincoln Avenue from the RM-1200 zone to the RM-3000 zone. (Introduced at the meeting of 12/1/92, Item B2.) WAIVER OF R~_ADING - ORDINANCE: The title of the following ordinance was read by the City Clerk. (Ordinance No. 5343) Council Member Daly moved to waive the reading in full of the ordinance. Council Member Feldhaus seconded the motion. MOTION CARRIED. COUnCil H~b~r Pickle~ offered Ordinance No. 5343 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5343~ AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclassification NO. 90-91-19 located at 2625 W. Lincoln Avenue from the RM-1200 zone to the RM-3000 zone. ) Roll ~_11 Vote on Ordinance No. ~343 for adoption~ AYES: NOES: ABSENT: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson and Daly COUNCIL MEMBERS: None COUNCIL MEMBERS: None 796 City Hall~ ~_nahe~_~ Cal£forn£a - COUNCIL MI~~ - DECE~f~ER 8, 1992 - 5:00 P.M. The Mayor declared Ordinance No. 5343 duly passed and adopted. B10. 179: BEQUEST FOR EXTENSION OF TIMR - CONDITIONAL USE PERMIT NO. 3516: - Requested by Michael ~. Selby, Rail Pacific, Inc., 990 Highland Drive, Suite 300, Solana Beach, CA 92075. The property is located at 1703-1709 South State College Boulevard. The petitioner requests an extension of time retroactive to September 9, 1992 and to expire March 9, 1993 to comply with conditions of approval. Conditional Use Permit No. 3516 "is to permit a self-storage and recreational vehicle storage facility with waiver of permitted location of freestanding signs, minimum number of parking spaces, and permitted number of caretaker' s units. Submitted was report dated November 25, 1992 from the Zoning Administrator, Annika Santalahti recommending approval of the time extension retroactive to September 9, 1992 to expire March 9, 1993 subject to two conditions as outlined on page one of the report being satisfied within a period of two months by February 9, 1993. Mayor Daly asked if the applicant was present and wished to address the Council relative to the request. Lance Allworth, 242 22nd Street, Del Mar. This is the second of two projects they are building in the City. In 90 days, they were supposed to sign and record an unsubordinated covenant in a form approved by the City Attorney's Office. It was an oversight on their part in not doing so. One of the things staff is requesting is that the owner irrevocably offer to dedicate an additional easement of 12 feet along State College Blvd., for critical intersection purposes. They only have 58 feet of frontage on State College. They have no problem 'doing this but want to be able to work with the City to have a sign located in that area until such time the City needs the property. The twelve feet being requested will not be required for another ten or fifteen years and then there will be an overpass at the location. If so, they would like to have a pole sign for identification purposes. Annika Santalahti, Zoning Administrator. One condition is dedication for the additional public right-of-way for State College for street widening purposes which will be required in connection with any building permits and not specific to a CUP. The other condition is in connection with a critical intersection improvement that will be made in the future at Katella and State College. Because of the potential overcrossing, it is extending further than the normal 600 feet. It is a condition that would normally go into the CUP and i~ was inadvertently not included when it was done a few months ago. Mr. Allworth confirmed what they are requesting at this time is to be able to move their sign to where the right-of-way area is now so that people can see it. Subsequently, each time the City takes the property, they will pay and move their sign back as long as they can have signage rights. City Attorney White. There is a routine City procedure relating to issuing encroachment licenses where a proposed use does not conflict with the City's use of its property. It can be handled through the real property section of the City Engineer's Office. He does not see a problem with that provided the City is not going to use the property for an extended period and the sign does not interfere with any current use by the City. It would need to comply as to size, location and shape. The matter can be handled separately and is a routine process. 797 C£t¥ Hall~ ~.ahe£m~ Cal£forn£a - COUNCIL MINUTES - DEC__~'~ER 8~ 1992 - 5:00 P.M. Annika Santalahti. She had talked to Mr. Selby. Relative to the pole sign issue, because of the critical intersection improvement, they are at a different grade from State College. In this instance, there is a condition in the CUP indicating monument type sign only. She told Mr. Selby at worst, the most technical thing they would have to do is to go back to delete that condition at a public hearing to allow the pole sign. At the same time, it is possible Anaheim will be making other changes to its regulations which may or may not allow a pole sign. If staff had known there would be a great differential, the cond'~tion would not have been worded as it was. At such future time that occurs is when the analysis is going to have to be made. Lance Allworth. What they want is adequate signage and they are concerned about that right now.- City Attorney White. If the Council approves the item tonight, there is 60 days in which the property owner will have to dedicate. In that period, staff would be more than happy to work with Mr. Allworth in regard to the sign issue, so he has comfort before he actually files papers to dedicate that he has worked out the sign problem. Mr. Allworth also explained that the subject project has a fifteen year limit. He asked if there was a way they could discuss that matter and determine if there is a way to extend that time limit. City Attorney White. That issue is not appropriate to discuss tonight. It would require an amendment to the existing CUP. What is being requested would require that condition to be amended to grant an additional period for operation. It would necessitate an application to amend the condition to be filed with the Planning Department. It would subsequently take a noticed public hearing. MOTION= Council Member Hunter moved to approve the requested extension of time on Conditional Use Permit No. 3516 retroactive to September 9, 1992 to expire March 9, 1993 subject to two (2) additional conditions recommended by staff as outlined in report dated November 25, 1992 to be satisfied by February 9, 1993. Council Member Pickler seconded the motion. MOTION CARRIED. . Bll. 179= ~EQUEST FOR ~EHEARING - AMUSEMENT ARCADE NO. 1019= At its meeting of November 17, 1992 the City Council approved Amusement Arcade No. 1019 for one year (see minutes that day). The permit had been requested by Richard Debeikes, Mike Rhodes, and Dan Lee, Family Fun and Games, 2300 Michelson Drive, Suite 200, Irvine, CA 92715. The property is located at 5655 East La Palma Avenue, Suite 140. The permit is for 75 to 100 amusement devices. The Zoning Administrator under Decision ZA92-49 approved the amusement arcade. Subsequently on October 20, 1992, a review of the Zoning Adminis~ra~0r's decision was requested by Mayor Hunter and Council Member Simpson and public hearing scheduled November 17, 1992. It was at that meeting that the Council after hearing public testimony approved the permit. A request for rehearing on Amusement Arcade No. 1019 was subsequently submitted by Debbie Davies, Director, URGE of Riverdale. It was determined that a number of people wished to speak relative to this item. MOTION'... Council Member Pickler moved that there be a rehearing before the Council on Amusement Arcade No. 1019. 798 C:i.t¥ llall~ A_nahe_~m~ Cal££orn£a- COUNCIL MINUTES- DEC__~.~_~ER 8~ 1992 - 5:00 P.M. Before further action was taken, City Attorney White, answering Mayor Daly, stated that the issue tonight is not whether to grant the permit but whether to grant the rehearing. If approved, the hearing will be scheduled for another date where the Council would again discuss whether or not to grant the permit. He does not think it would be appropriate to limit people from speaking before the Council acts on the request. There may be people present on each side of the issue. Mayor Daly asked to hear from anyone who wished to speak to the subject request. Debbie Davies, 201 N. Pageant. She believes that everyone present as far as she knows is in favor of the request for rehearing. If the Council approves the rehearing, at that time, they will be happy to have a number of people address their concerns. She is requesting approval of the rehearing request. It was determined by a show of hands that approximately ten people were present in favor of the Council granting a rehearing on the subject. Mayor Daly asked if anyone was present who disagreed with the request for a rehearing~ there were' none. He then asked if the l:~rsons requesting the rehearing had an opportunity to discuss the project with the applicant. Marilyn Hauk. They have not discussed the matter with the developer because they have not been in a position where they want to compromise. That is not the issue. The issue is that they do not want the amusement arcade~ Debbie Davies. She confirmed they had not discussed the issue with the applicant. Mayor Daly asked to hear from the applicant. Mike Rhodes. They are somewhat unprepared because they never received notice. They went through all the proper protocol in order to get the approval. Since receiving approval on November 17, 1992, they have moved forward and executed lease documents, prepared architectural drawings, etc. They have gone through considerable time and expense. They are obviously very concerned about the request for a rehearing. City Attorney White. He reiterated the issue on tonight's agenda is whether or not to grant the rehearing. He asked for clarification if Mr. Rhodes is asking for that decision to be postponed because he did not have advanced notice. Mike Rhodes. He does not believe there is much preparation that needs to be done. It is just a shock on his part, they feel they have done everything that was required of -them. Council Member Hunter seconded the motion granting the request for a rehearing. Patrick Pepper, Anaheim Hills Citizens Coalition, 6312 E. Santa Ana Canyon Road, Suite 157, Anaheim. They support the request for a rehearing. As part of the rehearing, they are asking to have the Police Department review the matter and provide input regarding Police protection relative to such a use in the hills area. Mark Thompson, 553 S. Peralta Hills Drive, Anaheim. The residents in the area are just as surprised that the arcade was approved since there was no notice to area residents. The problem is that the 300-foot notification process does 799 C£'2¥ Hall~ ~_nahe~_~, ~_l£forn£a - COUNCIL NI~S - DEC~ER 8, 1992 - 5.'00 P.N. not work in all cases and this is a good example. He supports and urges that the request for a rehearing be approved. Sherry Davies, 201 N.-Pageartt~ She is one of a group of teenagers from Canyon High School supporting the request for a rehearing. They feel it will only bring problems to the area such as graffiti, violence, etc. The arcade will only bring in the kinds of problems experienced at Camelot. Teenagers will be afraid to go to the Cinemopolis theaters. They want a chance to be heard. .. A vote was then taken on the foregoing motion and carried unanimously. Mayor Daly. He noted that the City Clerk is projecting Tuesday, January 12, 1993 as the date for the public rehearing on the amusement arcade permit. ITEMS B12 - B13 FROM T_~_ PL_~NNING COMMISSION ~EETING OF DECEMBER 2, 1992 INFORMATION ONLY - APPE~ PERIOD ENDS DECEMBER 12t 1992: B12. 170: TENTATIVE PARCEL MAP NO. 92-237t CATEGORICALLY EXEMPT~ CLASS 15: OWNER= January Investors, 777 California Avenue, Palo Alto, CA 94304 AGENT: Patrick Costanzo, JR., 777 California Avenue, Palo Alto, CA 94304 LOCATION: 175-225 North Rio Vista Street. Property is approximately 10.06 acres located north and west of the northwest corner of Lincoln Avenue and Rio Vista Street. To establish a 2-lot, RM-1200 subdivision. ACTION TAIfEN BY T_~T~_ PLANNING COMMISSION= Tentative Parcel map No. 92-237 APPROVED (6 yes votes, i vacancy). B13. 170: TENTATIVE' PARCEL MAP NO. 90-232 AND NEGATIVE DECLARATION: OWNER: Anaheim Land Associates Limited Partnership, c/o Hillman Properties West, Inc., 450 Newport Center Drive, Suite 304, Newtx~rt Beach, CA 92660. LOCATION: 2430 E. Katella Avenue (Stadium Towers Plaza). Property is approximately 2.4 Acres and located on the south side of Katella Avenue and approximately 380 feet south of the centerline of Sinclair Street. To establish a 4-lot, commercial subdivision with waiver of required lot frontage. ACTION TAKEN BY THE PLANNING COMMISSION= Tentative Parcel Map No. 90-232 APPROVED (4 yes votes, I absent, 1 abstained, and i vacancy). Cl. 107: POOL ROOM PERMIT APPLICATION - GAMES PLUS= Request for 1)ool room permit application submitted by Ralph Wilson Crider, 1877 Flip~en Drive, Anaheim, CA 92802. The location of the business is 3242 W. Lincoln Avenue, Anaheim, CA 92804. The application is for the operation of 15 billiard tables. Submitted was report dated November 30, 1992, from the Code Enforcement Manager recommending denial of the subject application. Mayor Daly asked to hear from staff. John Poole, Code Enforcement Manager. He briefed his report first giving the results of the survey of the neighborhood immediately surrounding the location as well as the sixth businesses located in the same commercial center (see page two of the report) as well as briefing the twelve complaints received since July 7, 1986 for a variety of violations which have since been corrected. In concluding, he stated based on staff investigation and the 8OO C£t¥ Hall~ ~_.ahe4,~ Cal£forn£a - COUNCIl., NINIFTES - DEC__~'~m_ ER 8~ 1992 - 5~00 opposition expressed, staff is recommending that the application be denied on the grounds of the three findings listed on page three of the subject report. Mayor Daly asked to hear from those who earlier indicated they wished to speak to this item. Grace Howard, 2459 Santiago Blvd. She is an area manager in Anaheim and has fifteen apartment complexes she personally manages. One of the apartment complexes is at WestmOnt Apartments which is adjacent to the subject property. They have experienced all kinds of litter, beer cans, beer bottles, noise, graffiti, numerous disturbances, etc. Residents are afraid to go out of their apartments. The young people who frequent the subject facility come out and "raise the dickens". Most of the time the police are not called because those causing the disturbances are gone before the police can get to the site since they are overburdened. Her understanding from reading the report is that there are fifteen pool tables on the premises now that should not be there. Shirley Beaver, 909 S. Knott. She was a former resident of the Westmont Apartments for four years as resident manager. There were numerous problems with the subject property. There was loitering of teenagers and the disturbance went late into the night which overflowed onto the apartment property. It was a big problem as well as noise and trash and subsequently there was drug abuse. There were break-ins into the cars of the apartments. It created problems all the time. She cannot see having that happen again. Mayor Daly asked to hear from the applicant if he wished to speak. Ralph Crider, 1877 Flippen Drive, Anaheim. His intention is that it be a family run operation which it is not at present. A lot of the problems have to do with the management at the facility currently. He is into billiards and not the videos. He plans on getting rid of the videos. In talking to Officer Gandy and Mr. Freeman, there has not been a problem there since the business quit selling beer. They have no problems with him (Crider) having a billiard parlor and what videos were there as long as there was no alcohol. He can see where there would be drinking in the parking lot because alcohol is purchased from the liquor store and it is then consumed in the parking lot. It is not coming from Games Plus. Any beer that would be sold on the premises is not allowed to leave the premises. MOTION: Council Member Daly moved to deny the pool room permit application for 3242 W. Lincoln Avenue (Games Plus) including findings 1, 2 and 3 listed on ~a~ ~hree of the November ~0, 1992, staff report from the Code Enforcement ~anager, Council ~em~er Hunter seconded the motion. MOTION 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. Council Member Hunter left the Council Chamber Chamber. (7:11 p.m. ) D1. 170= PUBLIC B~_ARING - ~EVERSION TO AC~__EAGE AS SHOWN ON FINAL MAP NO. 14701 m CATEGORICALLY EXEMPT t CLASS 5 = Requested by Shaw/Crookall and Pacific Scientific Company. 801 C£ty Hall r ]~-ahe£mr ~al£forn£a - COUNCIL MINUTES - DECKMRER 8r 1992 - 5:00 P,M. LOCATION= The property is located at the southeast corner of State College Boulevard and Winston Road. The request is to consider a resolution finding that the dedications to be abandoned by the proposed Reversion to Acreage are unnecessary for present or prospective public purposes~ and approving the Reversion to Acreage as shown on the Final Map for Tract No. 14701. Submitted was report dated November 10, 1992, from the Director or Public Works and City Engineer recommending approval of the subject request. STAFF INPUT: Natalie Lockman, Principal Civil Engineer. The property was subdivided by a parcel map for a specific development which fell through and will not be built. The utility easements that were dedicated are no longer needed. If the property is subsequently built on, appropriate easements will be acquired. They are retaining the dedications made for public roadway widening. Mayor Daly opened the' public hearing and asked to hear from anyone who wished to sI:~akl there being no res[:x~nse he closed the public hearing. WAIVER OF RE_AD_ING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 92R-245) Council Member Pickler moved to waive the reading in full of the resolution. Council Member Simpson seconded the motion. Council Member Hunter temporarily absent. MOTION CARRIED. Council Member Pickler offered Resolution No. 92R-245 for adoption. Refer to Resolution Book. RESOLUTION NO. 92R-245: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING TRACT NO. 14701 AND MAKING CERTAIN FINDINGS PERTAINING THERETO. Roll Call Vote on Resolution No. 92R-245 for adoption~ AYES: COUNCIL MEMBERS: Feldhaus, Pickler, Simpson and Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS ~ None TEMPORARILY ABSENT: COUNCIL MEMBERS: Hunter The Mayor declared Re'solution No. 92R-245 duly passed and adopted. Council Member Hunter entered the Council Chamber. (7=13 p.m. ) D2. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3414 AND NEGATIVE DECLARATION~ OWNER: University Cinema, Attn: Bruce Sanborn, 13 Corporate Plaza, Newport Beach, CA 92660 LOCATION/REQUEST: The property is located at 5635 East La Palms Avenue and is approximately 5.54 acres located on the north side of La Palma Avenue and approximately 300 feet west of the centerline of Imperial Highway. The request is for approval of revised site phasing plan pertaining to the delayed construction of a previously approved 29-foot high parking structure to support a previously approved multi-screen theater expansion. 802 C£t¥ Hallt ~-ahe_~,~t c~_l£forn£a - COUNCIL MINIFTE$ - DE_C~___ER 8~ 1992 - 5:00 P.M. ACTION TA~.N BY THE PLANNING COMMISSION: CUP NO. 3414 APPROVED (PC 92-122) (6 yes votes, I vacancy). Approved NegatiVe Declaration. Informational item at the meeting of 11/3/92, B4. HEARING SET ON: A letter of appeal was submitted by Timothy L. Randall, Meserve, MumPe~ & Hughes, on behalf of Imperial Promenade Partners and public hearing scheduled this date. .. PUBLIC NOTICE ~__~QUIREMENTS MET BY=.. Publication in Anaheim Bulletin - November 26, 1992 Mailing to property owners within 300 feet - November 25, 1992 Posting of property - November 25, 1992 PLANNING STAFF INPUT: See staff report to the Planning Commission dated October 19, 1992. Joel Fick, Planning Director summarized the request as outlined in the October 19, 1992 staff report. In concluding, he noted in the resolution of approval by the Planning Commission (CUP92-122) there is one condition, Condition 30, that the applicant pointed out was not entirely 100% what the Planning Commission had directed. Staff went back and reviewed the tapes of the meeting and prepared a revised condition. In the event the project is approved, it provides more specific wording of the Planning Commission action. It has been reviewed by staff and by the maker of the motion that that was the intention, the major change being, when they report back in the six month period, the entire p~rking needs on both properties are looked at. There is now clarification given in that regard. He confirmed for Mayor Daly that staff is suggesting that that language be approved. They had planned on going back to the Planning Commission with a nunc pro tunc resolution but the fact that there is a public hearing tonight, if the item is approved, the Council could incorporate that condition and clarify that Planning Commission directive. They have prepared revised Condition 30, reviewed it with the applicant and have also faxed a copy to the person who has requested the rehearing. If the Council approves the subject request, staff is recommending that Condition No. 30 be tied in with the approval. Mr. Fick also pointed out some of the thinking of the Planning Commission in approving the request. The Planning Commission gave specific recommendation to the fact that the proposal clarified that the parking would be 80% of the parking ratio on-site where prior to the theater expansion, it was 69%. Clarification of this item did, in fact, even without the parking structure construction, enhance 2he parking over wha~ had ~r~v£oucly bo~n ~xietin~. Mayor Daly opened the public hearing and asked to hear first from Mr. Timothy Randall on behalf of Imperial Promenade Partners, the appellant, the party who paid for the appeal of the Planning Commission action. Timothy Randall, Meserve, Mumper & Hughes, representing Imperial Promenade Partners. Iml:~rial is the develol:~r of the site on the corner of La Palma and Imperial (adjacent to the Cinemopolis site) which is the site of the Knollwood Restaurant. They ha~e apl:~aled the action of the Planning Commission because they feel it misplaces the emphasis on the 80% parking requirement. There is a severe parking problem at the site which will only be exacerbated by the action taken by the Planning Commission. They not only granted the delay to construct, but the resolution also gave acknowledgement to the fact that the parking structure may never be constructed. They did suggest certain mitigation measures to allow the applicant to reach that 80% mark. It falls 8O3 C£t¥ Hall~ ~nahe~,~ Cal£forn£a - COUNCZL NZ~$ - DECEKBER 8~ 1992 - 5;00 into two categories - if on-site parking, to them it means building the structure or otherwise they are left with off-site parking and removal of seats. They do not object to off-site parking as long as it is limited to the areas of the Union Federal Building and the spaces they have agreed to provide for the theater to replace lost spaces on the reconfiguration of the entry way, around 38 or 39 spaces. Joel Fick clarified for the Mayor that there are existing agreements between the private property owners, one of which provides for parking on the bank property and another .agreement between Imperial properties and Sanborn Theaters that allows for approximately 38 spaces because of the joint driveway that is shared. Timothy Randall. The only spaces available are those on the Union Federal property and Imperial property spaces within the confines of the common development. Otherwise, off-site parking would be across La Palma or on the Hughes site which they oppose. The theater has been allowed to go ahead and build the theater expansion but are not required to build a structure to park the cars. Removing seats to get the parking down to the required ratio, to be effective, will require the City to continue to police the number of seats in the interior of the theaters. It is bad planning. They would like the original conditions to be affirmed which they believe require not only the 80% parking, but also the construction of the parking structure, the time frame when they will be completed and that some form of security be posted to ensure it is completed in a timely manner. Another part of the Planning Commission action was to deviate from the parking standards for the dimensions of parking spaces they are providing. That was not noticed. No real discussion was made of the necessity to do that. He is not sure that was even asked for by the applicant but something just bestowed upon them by the Planning Commission. This is causing a problem in the circulation because there are not adequate drive aisles for people backing up. Those standards should not be deviated from. They are requesting that item be deleted and any off-site parking other than Union Federal or their site they would object to. Joel Fick. Relative ko the Planning Commission having bestowed a parking benefit on the applicant, when the rehearing was requested, Traffic Engineering staff went out and did an on-site count and as a part of that found out on some of the existing spaces there was a minor deviation on the back-up space for those spaces on the side of the facility that have been that way since the theater has been opened. That was incorporated when the Planning Commission made the approval because physically from the location of the building there was no other way that could be achieved. The deviation pertained to either the length of space or the drive aisles. It was the combination of the distance for the space and also the drive aisle did not meet the minimum City dimensions by about 1~ or 2 feet. The only alternative would have been to say those spaces could not be used which would have further exacerbated the parking problem. They were less ~han code minimum. Timothy Randall. It is not the location of the building but the curbing adjacent to the building. If they took out the curbing and moved it back, they would be able to accommodate normal spaces. Richard DeBiekes, General Partner, Imperial Promenade Partners. When the theater was built, working from the site plan, he noted they designed the spaces on the side of the building as compact spaces. What Mr. Randall is saying is the concern they have about circulation around their property. They agreed to site modifications to their project with the understanding they could have clean, clear circulation out the rear property and down the drive 804 C£t¥ Hall~ ~-ahe!m_~ Cal£forn£a - COUNCIl, MI~$- DEC~ER 8~ 1992 - 5:00 P.M. aisle which he pointed to on the map. When the theater requested approval of the expansion, they represented they would take all compact stalls off their property. They came back later after the expansion was built and said they could not meet that requirement. Imperial feels it is one thing they can meet. It is not a technical problem. For good planning and circulation, they would like to see it done. He then explained how he felt that could be done working from the site plan. Joel Fick. Alfred YaIda in Traffic Engineering is the person who discovered the discrepancy when he was field checking. If the sidewalk next to the building is reduced as suggested by Mr. DeBiekes, it potentially poses a hazard by having patrons walk in the parking lot area. He reiterated there have been no problems with that situation since the theater opened. Mayor Daly asked to hear from the applicant. Mr. Scott Meyerhoff, Law Firm, O'Melvyny & Myers on behalf of his client, Sanborn Theaters, 61~ Newport Center Drive, Ne~rt Beach. Conditional Use Permit No. 3414 was granted for Sanborn Theaters to expand the theater and construct a parking structure. The opening of the expansion of the theater was not conditioned upon construction of the parking structure but it is conditioned upon an 80% requirement to code which was an increase from the prior 69% and also the elimination of compact parking. Those requirements have been satisfied and will continue to be satisfied. Relative to policing, his client intends to comply and welcomes the Fire Department or the Council or anyone to come to the site and they will pay for the inspection. Another item, he does not want to imply that the parking structure will not be constructed. The main reason for asking for the delay was to preserve their rights to construct that parking structure, with full intent to construct it. It is not clear that they can construct it prior to July 29, 1993. The process is ongoing. In addition, it will be dependent upon obtaining financing. One of the major facts, right now the theater with its expansion has about 2,400 seats. Prior to the expansion, it had 2,500 seats because of the increase in the parking requirement from 69% to 80%. He is perplexed as to what the appeal is about. If they want them to close the expansion they then go back to the 69% parking ratio and put in more seats. He then clarified for the Mayor that relative to the schedule for the parking structure, the intent is to get a permit drawn prior to July 29, 1993. They will as quickly thereafter construct the parking structure. Another point relative to the easement agreement which took months to finalize, there iea provision where Imperial has agreed they would not oppose the construction of the parking structure or the expansion of the theater so long as it complied with the site plan. 'They have no~ devia'c~ ~rom eh~ eie~ plan. The appeal before the Council is a direct violation of that agreement. Council Members Pickler and Feldhaus then posed questions which were answered by Mr. Fick. Council Member Feldhaus. Since they have offered to pay for the monitoring out of their pocket, he would suggest they come back with actual data showing dates, times, etc., about the parking on the property. He is hearing two people offering two different versions as to what is transpiring and he does not have anything factual to base this on. Mike Rhodes, President, Knollwood, 1717 Orangewood Avenue, Orange. He is not present sl:~aking for the apl:~llant. As the Ol:~rator of Knollwood Restaurant, they are in the middle. Their restaurant requires parking and has been a major issue for them. Staff rel:~rted earlier that they were out to the site on Saturday night and found that no one had parked behind the theater. The problem is the number of spaces and circulation. Right now many theater 8O5 C£'t¥ Hall~ p,nahe~m~ ~n_l:i.£orn£a - COUNCIL MINUTES - D.EC~I~,~BER 8~ 1992 - 5:00 P.M. patrons immediately park on the Knollwood site even though it is not intended for the theater. They do so because it is easier to get in and out. His major concern is whether or not the parking structure will be built at all. The majority of the tenants in the center are still not open. When they do, he does not know what the impact will be. He is concerned if the structure does not get built and the theaters continue to be successful and become more successful, there will not be enough parking. He wants to see a condition that the structure does get built by a certain period of time. _ Paul Singer, Transportation Engineer (speaking for Sanborn Theaters). He is surprised Knollwood would object to parking from the theater because Knollwood received a 50% waiver of ~arking for their restaurant. Relative to the issue that came up regarding the parking in the aisle, there are physical constraints to that. The spaces were originally compact but restri~ed with wider parking stalls. The Planning Commission recognized that constraint. Should the parking spaces be deeper or the aisles wider, it would cut into the sidewalk area and expose pedestrians to hazards. The sidewalks are four feet wide at present and could not be cut down by two feet. Mark Thompson, local resident. Looking at the site plan, Cinemopolis and the commercial project encompasses approximately 10 acres. He frequents the site two to three times a week. Access, parking and traffic is a fiasco even now. When the commercial project is complete, it will become a bigger problem. He asked that somewhere in the process staff take a hard look and provide a right turn in and a right turn out at the north end of the Knollwood project as well as the possibility of going to adjacent property owners and the development across the street asking them to share in a signalized intersection. The safety factor is only going to become more of a concern. Dennis Gama, Cinemopolis, 5635 La Palma. Since the opening of the Edwards Cinemas (Anaheim Hills Market Place) Cinemopolis has seen a drop in their business. The reason the parking lot was empty Saturday night is because their business is down. Tony Zandejas, Imperial Promenade. When his restaurant opens, it is going to bring in a lot of people. The way the parking situation is now, it is very congested. He is spending a great deal of money on his project. He is requesting that the parking structure be built. He emphasized the need for adequate parking relaying the experience he had with another center, where one of his other restaurants was located, where the parking situation deteriorated and subsequently mostly all the businesses moved out. He does not want to see that happen here. Joel Fick, Planning Director. He explained that they met with Bruce Sanborn on Thursday or Friday and he informed staff it was still his intention to build the parking structure. Further, it is true that the conditioning as presently worded does provide for the parking structure ko be cons~ruc~e~ or, if not constructed, then an 80% parking ratio needs to be achieved through some fashion. At all times, the 80% ratio needs to be maintained. o Stan Meyerhoff. The problem is not really parking, but access. His client is in favor of finding other alternatives - an access point through Imperial Highway or to the west or the drainage canal. They would like the Council to have redevelopment staff look into the matter. Thus far, their neighbors have not been in agreement with that and they are perplexed as to why. Traffic flow is a problem but that is due to the access. A traffic light would also alleviate the congestion. 8O6 Hallm ~.ahe~m_m Cal£forn£a - COUNCIl., NINUTES - DECEISB__ER 8~ 1992 - 5:00 P Bruce Sanborn. He would like to have Condition No. 30 amended. The City has always wanted two driveways into the property. The momentum has been lost and he would like to recapture that and ask the City to direct the Redevelopment Agency to help them achieve the second access - either to Imperial to the east or across the flood control channel to the west. John Lower, City Traffic and Transportation Manager. There has been an on-going effort. State Route 90 is under the jurisdiction of Caltrans. They are the agency who s&ys whether there will be access or not. They treat it as a freeway and thus no access. It is a pretty firm no. Staff has been to Sacramento to see if that could be accomplished but without success. Council Member Hunter. To the west is the Hughes property which is vacant as well as the property next to it, behind it and at the flood control channel, property within Anaheim's jurisdiction. There are two things - there must be some way they can look to get access over the flood control channel to go out to the west. Secondly, he has talked to both owners and developers of the property regarding a right turn at that location, but the concern has been its close proximity to Imperial. Further, if Caltrans has said no and that door is shut, he reiterated they ought to be looking at some type of access to the west to get people in and out of the location. Developers and everyone will agree the problem is ingress and egress to the site and not the parking. He asked if the property was in the Redevelopment Project Area. Lisa Stipkovich, Executive Director of Community Development. She confirmed it is in the Northeast Redevelopment Project ALPHA Area. If the Council wants Redevelopment to pursue looking into the matter from a Redevelolanent ~erspective, they will do so, but they have not thus far been involved in this project. They could look at some of the alternatives mentioned regarding adjacent land uses and/or the possibility of access over the channel. The issues are a matter of cost and who will bear those costs. Access from the site as well as the parking obviously is a big problem. They could ask one of their consultants to assist in reviewing the plan. They have not studied the issue and she would ~eed time to work with both property owners. Other options are enforcement of the parking rules as well as signage. Bruce Sanborn. They are very interested in being involved relative to the access issue. Unlike their neighbor, they would like to see that happen. Under Condition No. 30, he wanted to add a sentence to it because he knows within the six months they are going to say, why not look going to the west if they cannot go to the east. They do agree with their neighbor that there is terrible congestion. He asked that they imagine when the site is fully developed how difficult it will be to get in and out of one driveway. The sentence he would like to add - "that the City Council encourage Redevelopment staff to coordinate efforts with both property owners to obtain additional access to either Imperial Highway or across the flood control channel". Mayor Daly closed the public hearing. Mayor Daly. He asked if it was possible for the Council to comply with Mr. Sanborn's request tonight. City Attorney White. He would recommend against it for several reasons. The conditions imposed on a CUP relate to restrictions upon the permit holder. It would be unusual for the City to impose restrictions upon itself. The City can look into that independently. It would not be appropriate to include it as a condition. The way it is framed would not be enforceable in any case. It does not have muc~ significance legally. 807 City Hall t ~__-aheimt California - COUNCIL MINUTES - DECEMBER 8~ 1992 - 5:00 P.M. Council Member Simpson. It appears the discussion has moved away from the parking structure to one of circulation. The City is requiring 80% of the required parking on site either by the number of spaces or reduction in seats and still require a maximum of 91 spaces temporarily somewhere else. Right now 49 are being furnished by Union Federal and up to 42 by Imperial Promenade. He fails to understand how anything to do with parking is going to solve the problem that has been posed. If they built a 29-foot parking structure that will hold 160 cars they are then going to release the requirement on the 80%' parking ratio so the parking ratio will remain the same. He does not know how that will help ingress and egress from the site as well as circulation. Joel Fick. The Planning Commission was so much in agreement that they focused on the parking issue but the issue that has come up tonight is more salient - the overall circulation of the area. Council Member Simpson. What they do or do not do relative to the parking structure will do little to solve the existing problem because the 160+ spaces in the parking structure will be allocated to the theatre. Council Member Pickler. As Mr. Sanborn suggested, he (Pickler) does not think the responsibility lies with staff but with the two tenants to work together to solve the problem. Staff has already done what they can. City Attorney White. The action tonight would be a nunc pro tunc amendment to Condition No. 30 of Conditional Use Permit No. 3414 and upholding the findings of the Planning Commission. Conditional Use Permit No. 3414 was previously approved. They are not reapproving that permit but amending conditions to allow the two phase construction of the project. ENVIRON_~_NT.AL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Hunter, seconded by Council Member Pickler, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING -RESOLUTION= The title of the following resolution was read by the City Clerk. (Resolution No. 92R-246) · Council Member Hunter moved to waive the reading in full of the resolution. Council Member Simpson seconded the motion. MOTION CARRIED. Council Member Hunter offered Resolution No. 92R-246 for adoption, amending conditions of approval to Conditional Use Permit No. 3414 and upholding the find£ngg of the City Planning Commig~ion. Refer to Resolution Book. RESOLUTION NO. 92R-246: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 3414 AND AMENDING RESOLUTION NO. PC91-110. Before a vote was taken, Mayor Daly stated he will be opposing the resolution because the project they approved some time ago as well as the expansion of the theatre approved in conjunction with the parking structure has changed. He is not comfortable with the level of detail or the commitment to build a parking structure. He is pleased with the statement that it is in progress and an effort by the Sanborn property to pursue access to the west. Despite 8O8 City Hallr Anahe£mr Cal£~ornia - COTJNCIL NINO'TES - DE~~ER 8r ~992 - 5**00 P.M., · all the conditions and new language he is not comfortable that they are going to obtain enough parking for the theatre. A vote was then taken on the foregoing resolution. Roll Call Vote on Resolution No. 92R-246 for adoption.~ AYES: NOES: ABSENT COUNCIL MEMBERS: Feldhaus, Hunter, Pickler and Simpson COUNCIL MEMBERS: Daly COUNCIL MEMBERS: None The Mayor declared Resolution No. 92R-246 duly passed and adopted. Lisa Stipkovich. She is unclear as to their direction. She asked for confirmation if the Council wants Redevelopment Agency staff or the consultants to work on this issue. Mayor Daly. He feels the idea is excellent and Council Member Hunter stated it well; however, the burden is on the property owner to pursue the kind of remedy suggested. If staff assistance is needed, the property owner should put that in writing to the City. These are typically improvements to ones property that should be sought by the property owner. If there is an appropriate role by the City at some point that should be pursued by the developer in requesting that of the City. · RECESS - CLOSED SESSION: By General Consent the Council recessed into Closed Session. (8:21 p.m.) AFTER RECESS: The Mayor called the meeting to order all Council Members being present. (8: 39 p.m. ) ADJOURNMENT: By General Consent the Council adjourned. (8:40 p.m. ) LEONORA N. SOHL, CITY CLERK 8O9