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1991/04/09City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1991, 5:00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl PROPERTY SERVICES MANAGER: Robert ZurSchmiede CODE ENFORCEMENT MANAGER: John Poole PLANNING DIRECTOR: Joel Fick ZONING ADMINISTRATOR: Annika Santalahti EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:40 p.m. on April 5, 1991 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter 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. International Tile Exposition vs. City of Anaheim, et al. Orange County Superior Court Case No. 62-50-99. 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. By general consent the Council recessed to Closed Session. (3:02 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. (5:17 p.m.) 208 City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1991, 5:00 P.M. INVOCATION: Minister H. Stow, Anaheim Church of Christ, gave the invocation. FLAG SALUTE: Council Member Tom Daly led the Assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following proclamation was issued by Mayor Hunter and authorized by the City Council: Earthquake Preparedness Month, April, 1991 Mr. Bob Berg, the City's Emergency Services Specialist, accepted the proclamation. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council and presented to Mr. Gene Scarbrough of Rotary International recognizing the organization for the donation of 172 trees to the newly established Sycamore Park. Mr. Scarbrough was accompanied by the City's Director of Parks, Recreation and Community Services, Chris Jarvi. Council members commended Mr. Scarbrough and Rotary International for their generous donation. 119: DECLARATION OF RECOGNITION AND CONGRATULATIONS: A Declaration of Recognition and Congratulations was unanimously adopted by the City Council, recognizing and congratulating Mr. Boyd E. Van Wyckhouse, Firefighter/Paramedic, upon his retirement from the City after 29 years of service. Mayor Hunter and Council members commended Mr. Van Wyckhouse for his contributions to the citizens and City of Anaheim. (The Declaration is to be mailed to Mr. Van Wyckhouse who was unable to be present.) 119: DECLARATION OF RECOGNITION AND CONGRATULATIONS: A Declaration of Recognition and Congratulations was unanimously adopted by the City Council and presented to Mr. Robert Franks, Senior Assistant City Attorney, for his more than 20 years of service to the City and upon leaving the employee of the City of Anaheim. Bob was accompanied by his wife Margaret. Mayor Hunter and Council members commended Mr. Franks for his service to the citizens and City and wished him well in his new position as City Attorney of the City of Orange. Mr. Franks commented on his 20 years as an employee of the City of Anaheim noting that it was a very happy and rewarding period in his career. MINUTES: Approval of the minutes was deferred to the next regular meeting. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,368,447.03 for the week ending April 5, 1991, in accordance with the 1990-91 Budget, were approved. Mayor Hunter recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:31 p.m.) Mayor Hunter reconvened the City Council meeting. (5:33 p.m.) WAIVER OF READING - RESOLUTIONS/ORDINANCES: The titles of the following resolutions and ordinances were read by the City Manager. (Resolution Nos. 91R-102 through 91R-109, both inclusive, for adoption; Ordinance No. 5211 for adoption and Ordinance No. 5213 for introduction.) 209 City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1991, 5:00 P.M. Council Member Pickler moved to waive the reading in full of the resolutions and ordinances. Council Member Hunter seconded the motion. MOTION CARRIED. 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. 91R-102 through 91R-109, both inclusive, for adoption. Council Member Pickler offered Ordinance No. 5211 for adoption and Ordinance No. 5213 for introduction. Refer to Resolution/Ordinance Book. City Manager James Ruth announced an additional item on the Consent Calendar (designated Al9) which is also to be acted upon at this time. Al. 105: Receiving and filing minutes of the Golf Advisory Commission meeting held January 23, 1991. 140: Receiving and filing the Anaheim Public Library Monthly Statistical Report for February, 1991. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held February 27, 1991. A2. 158: RESOLUTION NO. 91R-102: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE GRANT OF A QUITCLAIM DEED AND AUTHORIZING THE EXECUTION THEREOF. (Termination of a temporary construction easement, granted to the City by the Anaheim Hills Community Church.) A3. 168: RESOLUTION NO. 91R-103: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE RENAMING OF PACIFICO AVENUE, LOCATED BETWEEN THE SANTA ANA (5) FREEWAY AND ANAHEIM STADIUM, TO GENE AUTRY WAY A4. 177: Approving the acceptance of $56,000 in Emergency Shelter Grant funds from the U. S. Department of Housing and Urban Development (HUD), and authorizing the Executive Director to sign the Agreement with HUD. A5. 130: ORDINANCE NO. 5213 - (INTRODUCTION}: AN ORDINANCE OF THE CITY OF ANAHEIM ESTABLISHING PROCEDURES FOR THE PROCESSING OF APPLICATIONS FOR FRANCHISES INCLUDING TRANSFERS THEREOF. A6. 114: ORDINANCE NO. 5211 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM RELATING TO THE COMPENSATION OF MEMBERS OF THE CITY COUNCIL. A7. 137: RESOLUTION NO. 91R-104: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONSENTING TO EIGHTH AMENDMENT TO INDENTURE OF TRUST BETWEEN CALIFORNIA LOCAL AGENCY/ANAHEIM REDEVELOPMENT AGENCY, RELATIVE TO REVENUE BONDS 1986 ISSUE A. A8. 155: Authorizing the Mayor to apply to the Orange County Water District (OCWD) for a $750,000 low interest loan to construct Well No. 46, in Boysen Park, on State College Boulevard at Wagner Avenue. 210 City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1991, 5:00 P.M. A9. 123: Approving an Agreement with Power Engineers, Inc., at a cost not to exceed $71,475 for engineering, design and drafting services for the Fairmont Substation Transformer Bank 2B installation. Al0. 113: RESOLUTION NO. 91R-105: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN 2 YEARS OLD. (City Attorney Department records.) All. 123: Approving an Agreement with Anaheim Interfaith Shelter, Inc., and authorizing the Executive Director to execute a Deed of Trust in the amount of $12,000 for rehabilitation of the shelter facility located at 616 North Pauline Street. Al2. 139: RESOLUTION NO. 91R-106: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM OPPOSING MEASURE 'J# ON THE MAY 14, 1991, SPECIAL ELECTION BALLOT. A13. 103: RESOLUTION NO. 91R-107: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AGREEING TO A REDISTRIBUTION OF PROPERTY TAXES FOR ANNEXATION NO. 280 - THE GYPSUM CANYON ANNEXATION - TO THE CITY OF ANAHEIM. Al4. 113: RESOLUTION NO. 91R-108: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS MORE THAN TWO YEARS OLD (City Clerk departmental records). Al5. 158: Authorizing the payment of $74,622.92 to Nu Anaheim Limited partnership, pursuant to agreement on file, for business relocation payments for building modifications at 723, 725 and 727 North Anaheim Boulevard - North Anaheim Boulevard Street Widening Project. Al9. 169: RESOLUTION NO. 91R-109: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPPORTING THE ORANGE COUNTY TRANSPORTATION COMMISSION'S STRATEGIC PLAN TO EXPEND MEASURE "M# FUNDS FOR FULL RIGHT-OF-WAY ACQUISITION FOR WIDENING THE SANTA ANA FREEWAY (INTERSTATE ROUTE 5) BETWEEN STATE ROUTES 22 AND 91. Roll Call Vote on Resolutions: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL }4EMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Resolution Nos. 91R-102 through 91R-109, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Ordinance No. 5211 duly passed and adopted. End of Consent Calendar. MOTION CARRIED. 211 City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1991, 5:00 P.M. Al6. 151: FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY ADJACENT TO THE ANAHEIM ARENA (SCARBROUGH TRUSTS.): To consider finding and determining the public interest and necessity for acquiring and authorizing the condemnation of certain real property adjacent to the Anaheim Arena for parking purposes, and authorizing use of eminent domain authority and the law firm of Oliver, Stoever, Barr and Vose, Special Counsel to the City, to proceed with said condemnation action. Submitted previously was report dated March 19, 1991 from the Community Development Department recommending the subject action. This matter was continued from the meeting of March 19, 1991 to this date. Input was received at that meeting (see minutes that date). Robert Zur$chmiede, Property Services Manager. On March 19, 1991, the subject hearing was opened and testimony taken and subsequently staff requested the Council continue the matter until today in order to allow staff to consider a proposal made at the February 26, 1991 meeting by Mr. Kennedy. The proposal was discussed with Mr. Craig Kennedy, attorney representing the property owner. Staff does not feel it is appropriate to proceed with that proposal at this time. Council should take any additional testimony. Staff recommendation is the same as a few weeks ago which is to proceed with the resolution of need and necessity. If there are any additional questions, Eminent Domain Counsel is present. The property owner and long-term lessee are permitted to speak on the item. Mr. Craig Kennedy, Attorney, Hillgren and Kennedy, 1400 Quail, Newport Beach. He is representing Clayton Eugene Scarbrough and Donna Jean Scarbrough, the landowners. On July 21, 1989, the Mayor signed a parking concession agreement with the County of Orange for approximately 17 acres for parking for the Anaheim Arena. Erroneously 2 acres were included in the 17 acres which belonged to the Scarbroughs in fee and which is leased to Campanula Properties. The County has subsequently acknowledged they had no right to grant the parking concession agreement to the City. All they had was a mere flood control easement and did not have the right to license this use for parking purposes to the City of Anaheim. The request by the Scarbroughs was primarily in substance to receive the same monies on a ratable basis that the City has already agreed to pay to the County for the same acreage. Pursuant to the parking concession agreement, the rent that was to be paid by the City to the County Flood Control District was 5% of the net arena profit and net parking revenue of 5%. The City has already agreed to pay this amount to the County for the right the County acknowledges now that it does not have. At this time instead of offering the Scarbroughs the commensurate amount, City staff has only offered them some lease payments which would be based upon an encumbered fee of $70,000 which is a mere fraction or less than 5% of what was agreed to be paid to the County for the same property and same rights. Also, the County and Anaheim have agreed upon ameliorative provisions so that the flood control would remain in effect. What has to happen is that the City and' County agree that the two acres were never to be included in the parking concession agreement and merely turn it over to the Scarbrough Trust and its tenant as opposed to the County. It does not cause the City to come out of 212 City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1991, 5:00 P.M. pocket. The Scarbrough Trust questions why the City would offer such a small amount to them when they are fee owner when the City offered such a significantly larger amount to the Flood Control District who merely had a flood control easement to the same property. At this time, there is no necessity for the property to be taken by eminent domain only for the City to pay the Scarbroughs and its tenant the same amount it already agreed to pay the Orange County Flood Control District. Mayor Hunter asked if any other principal wished to speak; there being no response he closed the public hearing. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 91R-110) Council Member Hunter moved to waive the reading in full of the resolution. Council Member Daly seconded the motion. MOTION CARRIED. Council Member Hunter offered Resolution No. 91R-110 for adoption, finding and determining the public interest and necessity for acquiring certain real property (Scarbrough Trusts). Refer to Resolution Book. RESOLUTION NO. 91R-110: 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. (Scarbrough Trusts). Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Ehrle and Hunter Pickler None The Mayor declared Resolution No. 91R-110 duly passed and adopted. Al7. 178: APPOINTMENT TO THE ORANGE COUNTY WATER DISTRICT {OCWD) BOARD OF DIRECTORS (DIVISION): Appointment to the subject board effective April 1, 1991, to fill the vacancy of August F. Lenain. This matter was continued from the meeting of March 19, 1991, to this date (see minutes that date). MOTION: Council Member Hunter moved to appoint Mayor Pro Tem Ehrle to the OCWD District Board of Directors with Council Member Pickler as an alternate. Council Member Simpson seconded the motion. Council Member Daly voted no. MOTION CARRIED. Al8. 173: CENTRAL ORANGE COUNTY FIXED GUIDEWAY AGENCY - APPOINTMENT OF DIRECTORS/ALTERNATES AND APPROVING JOINT POWERS AGREEMENT: Appointing a Director and two alternates to the Central Orange County Fixed Guideway Agency. At the meeting of April 2, 1991, City Council approved Resolution No. 91R-97 approving the formation of the Central Orange County Fixed Guideway Agency. A subsequent action is for the Council to approve a Joint Powers Agreement establishing the Agency. 213 City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1991, 5:00 P.M. MOTION: Council Member Ehrle nominated Mayor Hunter as Director and Council Members Simpson and Daly as alternates to the Central Orange County Fixed Guideway Agency. Council Member Daly seconded the nominations. There being no further nominations, the City Council unanimously approved the appointment of Mayor Hunter as director and Council Members Simpson and Daly as alternates to the Agency. MOTION: Council Member Pickler moved to approve the Joint Powers Agreement to establish Central Orange County Fixed Guideway Agency in accordance with Resolution No. 91R-97 which established the Joint Powers Agency. Council Member Ehrle seconded the motion. MOTION CARRIED. ITEMS B1 - B3 FROM THE ZONING ADMINISTRATOR MEETING OF MARCH 21, 1991, DECISION DATE: MARCH 28, 1991, INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 12, 1991: B1. 179: VARIANCE NO. 4117 AND NEGATIVE DECLARATION: OWNER: LARRY R. SMITH, 17045 Marina Bay Drive, Huntington Beach, CA 92643. AGENT: ANACAL ENGINEERING COMPANY, 1900 E. La Palma Ave., Suite 202, Anaheim, CA 92803-3668. LOCATION: 919-959 S. Knott Street. Property is approximately 3.56 acres located at the north and west of the northwest corner of Ball Road and Knott Street. Waiver of required lot frontage to permit a 2-lot parcel map. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4117 APPROVED (ZA91-14). Approved Negative Declaration. B2. 179: VARIANCE NO. 4119, CATEGORICALLY EXEMPT~ CLASS 5: OWNER: RONALD M. AND LINDA M. MORGAN, 545 Sherwood Drive, Anaheim, CA 92805. LOCATION: 545 Sherwood Drive. Property is approximately .22 acre located on the west side of Sherwood Drive approximately 176 feet west of the centerline of Grove Ave. Waiver of required side yard setback to construct a 70 square foot bathroom addition to an existing single story residence. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4119 APPROVED (ZA91-15). B3. 179: CONDITIONAL USE PERMIT NO. 3399 AND NEGATIVE DECLARATION: OWNER: REDONDO INVESTMENT COMPANY, P.O. Box 14478, Long Beach, CA 90803, Attn: C. Robert Langslet, General Partner. AGENT: HSW ASSOCIATES, P.O. Box 1566, San Juan Capistrano, CA 92693, Attn: Harry $. Weinroth. LOCATION: 6362 Santa Ana Canyon Road (Anaheim Hills Shopping Village). Property is approximately 6.6 acres located at the southwesterly corner of Santa Ana Canyon Road and Fairmont Boulevard. To permit on-sale alcoholic beverages in a proposed 3,990 sq. ft. restaurant with waiver of minimum number of parking spaces. ACTION TAKEN BY THE ZONING ADMINISTRATOR: CUP NO. 3399 APPROVED (ZA91-16). Approved Negative Declaration. 214 City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1991, 5:00 P.M. B4. 179 ORDINANCE NO. 5212 - (ADOPTION): Amending Title 18 of the Anaheim Municipal Code to rezone property under Reclassification No. 63-64-62(27) located 650 South Webster Avenue, from the RS-A-43,000 zone to the RM-1200 zone. (Introduced at the meeting of April 2, 1991, Item Bll.) WAIVER OF READING - ORDINANCES: The titles of the following ordinances were read by the City Clerk. (Ordinance No. 5212) Council Member Hunter moved to waive the reading in full of the ordinances. Council Member Simpson seconded the motion. MOTION CARRIED. Council Member Hunter offered Ordinance No. 5212 for adoption, amending Title 18 of the Anaheim Municipal Code to rezone property under Reclassification No. 63-64-62(27) located 650 South Webster Avenue, from the RS-A-43,000 zone to the RM-1200 zone. Refer to Ordinance Book. ORDINANCE NO. 5212: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Ordinance No. 5212 duly passed and adopted. B5. 179: ORDINANCE NO. 5214 -(INTRODUCTION): Amending Title 18 of the Anaheim Municipal Code to rezone property under Reclassification No. 88-89-39 located at 1111 W. La Palma Avenue (Anaheim Memorial Hospital Association), from the RS-7200 zone to the CO zone. Council Member Ehrle offered Ordinance No. 5214 for first reading. Refer to Ordinance Book. ORDINANCE NO. 5214: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP I~EFEP~tED TO IN TITLE 18 OF THE AN~EIM MUNICIPAL CODE ~tELATING TO ZONING. Cl. 107: APPLICATION FOR POOL ROOM PERMIT - THE 20'S - 1827 W. KATELLA: Application submitted by Beatrice Ann Mitchell to operate a pool room in conjunction with a bar establishment with three pool tables at The 20's, 1827 W. Katella Avenue. Submitted was report dated April 4, 1991, from the Planning Department/Code Enforcement Division recommending approval of the application. John Poole, Code Enforcement Manager stated that staff is recommending approval of the subject application. MOTION: Council Member Pickler moved to approve the Pool Room permit application submitted by Beatrice Ann Mitchell for The 20's at 1827 W. Katella Avenue. Council Member Ehrle seconded the motion. MOTION CARRIED. 215 City Hallt Anaheim, California - COUNCIL MINUTES - April 9, 1991, 5:00 P.M. C2. 107: APPLICATION FOR POOL ROOM PERMIT - SHERWOOD INN - 413 S. BROOKHURST: Application submitted by Herald Demmerle and Bernard K. Tran to operate a pool room in conjunction with a cocktail lounge with four pool tables at the Sherwood Inn located at 413 S. Brookhurst Street. Submitted was report dated April 4, 1991, from the Planning Department/Code Enforcement Division recommending denial of the subject application. John Poole, Code Enforcement Manager. Staff is recommending denial of the requested permit. This area is one where there have been numerous citizen complaints regarding all the activities listed (see staff report dated April 4, 1991). As a result of those complaints, Code Enforcement investigated a number of bars in the area. It was found in this particular establishment that there were four pool tables without a permit and that is why the matter is before the Council tonight. MOTION: Council Member Pickler moved to deny the Pool Room permit application for the Sherwood Inn, 413 S. Brookhurst Street. Council Member Hunter seconded the motion. MOTION CARRIED. A gentlemen from the audience requested to speak to this item - a Mr. Norman Johnson, resident of Anaheim involved in the sale of the Sherwood Inn. Over the years there have been no problems at the establishment. He understands the Council is concerned about the area. Sherwood Inn caters to older clientele, not a rowdy crowd. The pool tables will not create any problem. They have been at that location for some time. If the pool tables have to go, they will be replaced by more seating. He does not understand why the application is being denied. Mayor Hunter. He referred to the report the Council received which showed the number of incidents to which the police had to respond which occurred at Sherwood Inn over the past five years totalling thirty-two. The Police Department and Code Enforcement recommended denial. They were very strong in their recommendation and that is why the Council has denied the request. ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. RECESS: By general consent the Council recessed until the public hearing time at 6:00 p.m. (5:52 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council members being present. (6:04 p.m.) D1. 179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3389 AND MITIGATED NEGATIVE DECLARATION: OWNER: MECCA LEISURE (CAL), INC., A FLORIDA CORPORATION DBA, Orlando Entertains, 1556 E. Katella Ave., Anaheim, CA 92805 AGENT: L. A. ENTERTAINS, INC., Attn: Gordon Lucas, 1556 E. Katella Ave., Anaheim, CA 92805 LOCATION/REQUEST: The property is located at 1859 S. Manchester Avenue and is approximately 2.93 acres located on the southwest side of Manchester Ave. and approximately 780 feet south of the centerline of Katella Way. 216 City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1991, 5:00 P.M. The request is to permit a 750-seat theme-type dinner theatre with on premise sale and consumption of alcoholic beverages, and conditionally permitted signs, including two electronic, digital, changeable copy message board signs with waiver of (A) minimum number of parking spaces, (B) maximum number of wall signs, (C) maximum structural height adjacent to single-family residential, (D) minimum landscaped screening abutting residential property, (E) prohibited signs and (F) permitted encroachments in front setback. (Waiver F was subsequently deleted by revised plans as reported during the public hearing.) ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3389 GRANTED (PC91-33) (6 yes votes, I absent). Waiver of code requirement APPROVED (waiver (E) denied. Approved Mitigated Negative Declaration, with conditions that relate to the sewer capacity problems in the CR area and that those conditions require a payment of a fee to enlarge certain sewer lines. HEARING SET ON: A letter of appeal was submitted by Elfend and Associates and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - March 28, 1991 Mailing to property owners within 300 feet - March 26, 1991 PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated March 11, 1991. A subsequent report dated April 8, 1991, was also submitted by the Planning Director. Joel Fick, Planning Director. He first noted that Waiver (F), permitted encroachments in front setback, has been deleted by revised plans. He briefly described the subject project and surrounding land uses. He then referred to his report dated April 8, 1991, submitted to the City Manager and City Council this morning in response to a letter received Friday from Mr. Frank Elfend. (See letter dated April 5, 1991). Four clarifications were requested to the Planning Commission's approval of the project. Several are technical in nature and staff agrees with those. The one item relating to the statues proposed on the building was not approved by the Planning Commission and staff concurs in that decision. Staff does not believe those items add to the proposal and recommends that portion of the change recommended by the consultant not be amended. He then clarified for the Mayor that the issue tonight relates to the statues. Condition 5, 5A, 16 and 35 were requested for amendment by the applicant (see the Planning Director's report of April 8, 1991). Staff is in agreement with those amendments. However, Condition 35 has an (A) and (B) portion. The (A) portion pertains to three proposed roof mounted statues. The (B) portion pertains to a landscape buffer adjacent to the mobile home park. Staff agrees with portion (B), but not portion (A). APPLICANT'S STATEMENT: Frank Elfend, Elfend and Associates, 4675 Mac Arthur Boulevard, Newport Beach. He is present on behalf of L.A. Entertains. As staff indicated, the focus is on the one issue relative to the 217 City Hall, Anaheimt California - COUNCIL MINUTES - April 9, 1991, 5:00 P.M. statues they are requesting be included in the project. Mr. Elfend then briefed the project supplemented by slides as well as giving background on the applicant, L.A. Entertains noting that one of their projects, Wild Bills just opened in Buena Park. (He showed slides of the facility.) He then gave the history of the subject project since it started through the City approximately a year ago. He particularly emphasized one slide showing the ultimate widening of the I-5 Project as anticipated by Cal Trans noting that the subject property along with the adjacent property will be sandwiched between the Pacifico Bridge and the ultimate interchange at Katella. Because of that, a 12-to 14-foot high sound barrier will be installed which will just about cover the footprint of the building. It is a high quality building in terms of construction. Landscaping has been an important consideration. There is a 40-foot fully landscaped setback from Manchester and as shown on the Cal Trans widening, most of that setback will be visible from Manchester Avenue. Adjacent to the mobile home park is an 8-foot decorative wall planted with vines with a 10-foot fully landscaped setback. The footprint of the building covers 20% of the site. The project is consistent with all General Plan Guidelines and the newly adopted design criteria. It will create the type of environment which will be a major tourist destination for the City. The only remaining item is their request to permit three statues as a part of the entertainment facility. All other items were resolved with the Planning Commission or staff. Mr. Fick provided him with a copy of his April 8, 1991, report and they are in concurrence with all amendments with the exception of the statues. The figures - a Dragon, a Knight and a Gargoyle - are part of the building architecture. The statues and figures are architectural enhancements to the medieval castle structure. One of the slides presented showed the entrance to the Disney Corporate facility in Burbank which included the statues of the Seven Dwarfs on the top part of the building. Mr. Elfend continued that to ensure the City's control over the appearance of the proposed figures, they are proposing an additional Condition No. 39 which he submitted to staff today under letter dated April 9, 1991. The condition is as follows: Prior to the installation of the three statues shown on the Design Development Plan, the applicant shall submit photographs of the proposed figures for Planning Commission approval as a report and recommendation item. It would then be reviewed by the City Council on a Council agenda and the Council would have the ability to act on it if they wished. The intent of those figures are to communicate the festive and entertainment architectural theme of the building. They believe the statues will be a real asset to the building and communicate the true quality and nature of the development. 218 City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1991, 5:00 P.M. Mayor Hunter opened the public hearing and asked to hear from anyone who wished to speak; there being no response he closed the public hearing. Council Member Daly. He first stated he appreciated the Cal Trans right-of-way map and asked staff when there are future development proposals along the I-5, it would be an excellent exhibit to include in the backup material. As he had discussed with Mr. Elfend a few days ago, this project is a gateway project. He is concerned with the height of the building and the message boards necessitating waivers for both which is not consistent with the City's new design standards. Frank Elfend. The height of the theatre itself is approximately 38 feet and he believes 33 feet is permitted. The remaining projections adjacent to Manchester are 60 feet and they are over 176 feet from the adjacent residential area. There is also a rear turret and tower both approximately 46 to 48 feet. For the most part, the building itself is fairly close to what the code currently permits. The business need is to be able to create seating capacity and the architectural theme the applicant desires to promote in terms of an authentic medieval castle. The building presently on the property is approximately 28 feet high. He clarified that the highest point of the structure is 60 feet - the flag pole is at 74 feet. Relative to the message boards, it is a communication system and is permitted in the zoning code. It requires review of the decision making body. Council Member Daly. One of the waivers is for both total number of signs and the message board signs. Mr. Elfend is saying the message board signs are allowed with the new design standards. He asked for clarification from staff. Joel Fick, Planning Director. Message boards are permitted by conditional use permit. That is the reviewing mechanism. They are not permitted as a matter of right. There are some variances attached to the proposal. By the code and design standards, one wall sign totaling 100 square feet would be permitted as a matter of right. Four are proposed counting the two electronic signs and the two wall signs which constitute the King Henry's Feast identification. The latter two signs are 44 square feet and 52 square feet. The two electronic signs are 100 square feet each. There will be four signs - two electronic and two wall signs. In addition, in terms of identification for the facility besides the castle itself, there are the banners proposed and the flag pole. Council Member Daly. One of his concerns is the recently adopted new design guidelines for the entire CR area done at considerable expense and use of staff time in response to the loud and clear message from citizens of the community to raise planning standards in the Disneyland area. Those new standards are now in place. He is concerned at the first available opportunity, the Planning Commission approved five waivers to the guidelines. He feels this project is a very appropriate use of the sight but feels it can be better. He does not believe the waivers are necessary and the guidelines are in place for that reason. The project can be made to comply with all design guidelines. He is concerned with too many signs and a very tall structure near the freeway. It is a gateway project at the most important intersection in Anaheim in terms of image of the City. He suggests the developer make one more attempt to modify the project so that all conditions are met. He considers all the waivers significant and cannot support the project. 219 City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1991, 5:00 P.M. Mr. Elfend then asked for the opportunity to clarify some of the comments made by Council Member Daly. He also explained what he felt was the logic system used when the Planning Commission granted the waivers (see Planning Commission minutes of March 11, 1991). Further, design guidelines are just that - guidelines. Council Member Pickler. He sees the need for the signs but not the statues. The height and size of the building is sufficient to catch the eye. He concurs this is an important entrance to the CR zone. The Council has been talking for years about Harbor Boulevard and eliminating signs. He feels the statues will deteriorate from what he believes to be a good project. A Dragon, Knight and Gargoyle are not necessary and will detract from what they are trying to accomplish in the CR area. Discussion then followed concerning the figures on the Disney building in Burbank. It was determined that the building is the Disney Corporate building and the figures, although they cannot be seen from the freeway, are visible from the street. Additional discussion followed with Council Members Daly and Pickler reiterating their concerns why the project should not be approved as submitted and Council Members Ehrle and Hunter expressing an opposite view. Council Member Simpson favors the project with the addition of the proposed condition giving the Council the opportunity later on to act on the statues. City Attorney White. If Condition No. 39 is acceptable, he recommends one minor wording change as follows: 'Prior to the installation of the three statues shown on the Design Development Plan, the applicant shall submit photographs of the proposed figures...' with the change, '...to the Planning Commission as a report and recommendation item and said figures shall be subject to the approval of the Planning Commission.' The decision of the Planning Commission shall be subject to review by the City Council as a non-public hearing item in the manner set forth in section 18.03.080 of the Anaheim Municipal Code. He also clarified for Council Member Simpson, the way he would characterize Condition No. 39, if the Council approves the project with the wording either as originally proposed or as he suggested, it would come back to the Council but not as a public hearing. The only decision would be to approve it with some modifications as to size, color, location or deny it entirely. The only ability the Council would have since this is part of a CUP, as the Mayor suggested, if in the future the use is operated in a manner detrimental to public health, safety or general welfare, a hearing could be held to either review or modify the conditions. ENVIRONMENTAL 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. Council Member Daly voted no. MOTION CARRIED. 220 City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1991, 5:00 P.M. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 91R-111) 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. 91R-111 for adoption, granting Conditional Use Permit No. 3389 subject to City Planning Commission conditions but with amendments to Conditions No. 5, 5A, 16 and 35 as agreed to by staff and the applicant and adding Condition No. 39 as requested by the applicant subject to the minor wording change proposed by the City Attorney regarding the three statues. Refer to Resolution Book. RESOLUTION NO. 91R-111: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3389. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Ehrle and Hunter Daly and Pickler None The Mayor declared Resolution No. 91R-111 duly passed and adopted. D2. 172: PUBLIC HEARING - PROPOSED JULIANNA AND VICTOR AVENUE TEMPORARY STREET CLOSURES: To discuss a temporary street closure to through traffic on Julianna and Victor Avenues by installing either gates or bollards plus the placement of trees next to the gate to narrow the street to approximately 20 feet. The Julianna Avenue closure will be constructed at the farther west end of the cul-de-sac to allow all single family detached homes to remain in the east side of the closure. The Victor Avenue closure will take place at the west end of the cul-de-sac. A public hearing on this matter was held February 26, 1991 (see minutes that date) where extensive discussion and input took place. It was subsequently determined that the Community Development Department would contact/notify the residents in the Julianna/Victor/Hall area to set up a community meeting at the Patrick Henry School where the issue would be discussed further and a report submitted to the Council at a future date. Submitted was report dated March 19, 1991, from the Executive Director of Community Development to the City Manager/City Council giving a status/follow-up report after the meeting with the residents on March 12, 1991, and report dated April 9, 1991, recommending that the City Council open the public hearing, receive testimony and subsequently make a final determination relative to the proposed closures after environmental certification tentatively scheduled for May 14, 1991. Lisa Stipkovich, Executive Director of Community Development. This matter was continued from the Council Meeting of February 26, 1991, but at this time it is proposed that the temporary closure of Victor Avenue be included along with 221 City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1991, 5:00 P.M. Julianna. A community meeting was held March 12, 1991. During the discussion, an acceptable proposal was developed which would actually allow for a temporary street closure to occur at a relatively small cost. One way they were able to do that was to move the proposed closure on Julianna street to the west of two-single family homes. The previous plan would have necessitated acquiring those homes. By moving the barrier to the west eliminated that problem and they continued to be a part of that single family area. The neighborhood seemed pleased with the plan. Staff then suggested they apply for a $15,000 grant from Community Development Block Grant (CDBG) funds, in order to fund the temporary closures. They were successful in getting that money allocated and Council has approved that funding out of contingency funds. Ail City departments are recommending the temporary closures of both Julianna and Victor. Staff feels that some temporary closures of this nature will undoubtedly be incorporated in a final neighborhood plan for the area to the west. Staff has submitted to the Council as a separate packet the proposed neighborhood plan for what they call the south-of-Romneya area. Staff is recommending that the temporary street closures be approved. She believes the neighborhood groups are pleased and in support of the proposal. City Attorney White. The prior hearing was continued indefinitely. Ail of the testimony given at that hearing (see minutes of February 26, 1991) is deemed incorporated as part of tonight's hearing and need not be duplicated. If there is new information, Council should receive that at this time. Secondly, City staff has prepared a negative declaration under the terms of the California Environmental Quality Act which has been posted as required by law, but the 21 day period specified for receipt of comments has not expired and will not for another two weeks. His recommendation, after testimony is received, is that the Council close the public hearing and that this item be continued to the meeting of May 14, 1991, at which time the Council will be presented with the resolution that would effectuate the street closures for final consideration at that time with any comments which may be received within the public review period on the negative declaration. Mayor Hunter reopened the public hearing and asked to hear from anyone who wished to speak. Don Parsons, 700 West Julianna. The compromise proposed is a reasonable one. It will accomplish part of their goals now and they will just have to wait to see what happens in the future. Both Lisa Stipkovich and Bertha Chavoya have done a fine job. He does not believe there is any objection from the residents. Mike Kimroe, 14201 Bowen, Garden Grove. He lives in Garden Grove but owns property at 623 Victor. He was not aware of the community meeting. He questioned if the street is narrowed to 20-feet and cars are driving at a high rate, would that create an additional hazard. It was his understanding that the street was going to be blocked off completely. Lisa Stipkovich, Executive Director of Community Development. She first explained that a notice of the March 12, 1991 community meeting was given to the property owners on both Julianna and Victor. Relative to the proposed closure, the whole street will not be narrowed, only the area that will be 222 City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1991, 5:00 P.M. closed off with trees and barriers, a gate or bollards. The size of the street overall will not change. Worth Paulsen, 622 West Julianna. At the last Council meeting, Victor street was not proposed to be closed. If Mr. Kimroe is that interested, he should do something about his street because he owns the property and the area is run down. Nancy Holloway. Her parents live at 520 West Victor. She is in agreement relative to the proposal to close the streets. However, she asked the Council to consider the alley between Victor and Julianna. At present, it is sometimes a race track with people going up and down the alley. She has a concern with regard to the consequences if that alley is the only remaining through access. Lisa Stipkovich. Staff is looking at the alley issues in the overall plan. However, there is a lot more involved with trash collection, etc., that occurs in the alleys. They will make that recommendation as part of the long-term plan. Mayor Hunter. There being no further persons who wished to speak, he closed the public hearing portion of the subject hearing. MOTION: Council Member Hunter moved to continue the decision relative to the temporary street closures of Julianna and Victor Avenue to May 14, 1991. Council Member Pickler seconded the motion. MOTION CARRIED. City Attorney White. He clarified that at the meeting of May 14, 1991, action will be taken by the Council. No further public testimony will be received. The item will be listed on the Council's Consent Calendar. 107: RECONSIDERATION REQUEST - ANAHEIM HILTON AND TOWERS TRANSIENT OCCUPANCY TAX: Mayor Hunter referred to action taken on February 26, 1991, wherein the Council denied the appeal of Anaheim Hilton and Towers regarding transient occupancy tax and their request for waiver of penalties on late payment assessed for the month of November, 1990, in the amount of $34,121.98. Anaheim Hilton and Towers subsequently requested reconsideration of the action taken by the Council. He thereupon moved that the matter be agendized for reconsideration at the next available date. Before further action was taken, City Attorney White explained that there are two procedures - one is a request for reconsideration and the other is a motion to rescind an action previously taken. A motion to reconsider has to be made either at the same or next following meeting. A motion to rescind a previous action does not have any time limitation. A motion to reconsider would not be timely but if the motion is to rescind the denial, the Council could act on that. MOTION: Council Member Hunter moved to rescind Council action taken on February 26, 1991, denying the appeal of Anaheim Hilton and Towers relative to waiver of penalties on late payments assessed for the month of November, 1990, in the amount of $34,121.98. Council Member Simpson seconded the motion. 223 City Hall, Anaheim, California - COUNCIL MINUTES - April 9, 1991, 5:00 P.M. Before action was taken, Council Member Pickler spoke against the motion. The ordinance governing payment of transient occupancy tax has been on the books for many years. He feels the Council is picking and choosing the ones they want to approve and deny relative to payment of penalties assessed which is not positive. The monies involved are what hotel owners have not paid to the City where the City could be earning interest if paid by the due date. He suggests they go back five or eight years and do the same thing for everyone. If they want to change the rules, he could understand that but does not agree with a rehearing or reconsideration relative to penalties for late payments of transient occupancy tax. He will vote against the motion. Mayor Hunter. In this situation, he feels there are extenuating circumstances. After the matter was heard by the Council, he was contacted by the manager of the Anaheim Hilton who explained that the person in charge of the finance department was supposed to be present at the Council meeting. Unfortunately, there was a death or illness in the family of the person who was supposed to be present at the Council meeting. He understands this is a situation where the payment was one day late. The circumstances are such to warrant a reconsideration. After a brief Council discussion with the City Attorney on whether or not this was a situation where the matter should be referred out, it was determined that the Council would hear the appeal. A vote was then taken on the foregoing motion and carried by the following vote: Ayes: Simpson, Daly, Ehrle and Hunter No: Pickler ADJOURNMENT: By general consent the Council adjourned. (7:15 p.m.) LEONORA N. SOHL, CITY CLERK 224