Loading...
1989/12/15City Hall, Anaheim, California COUNCIL MINUTES December 15, 1989, 1:30 P.M. The City Council of the City of Anaheim met in adjourned regular session. The Council Meeting of December 12, 1989 was adjourneed to this date and time. PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl PLANNING DIRECTOR: 3eel Fick (Representatives of Planning Staff and Traffic Engtngering were also present) Mayor Hunter called the adjourned regular meeting to order to consider the following, all Council Members being present (2:30 p.m.) 179/155; PUBLIC HEARING- ENVIRONMENTAL IMPACT REPORT NO. 299, RECLASSIFICATION NO, 89-90-29, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3224, AND REQUEST FOR CITY COUNCIL REVIEW. APPLICANT: OWNERS: Orange County Flood Control District 400 Civic Center Drive West Santa Aha, California 92701 Paul Lawrence and Karen J. Root 1210 Polaris Drive Newport Beach, California 92660 Phoenix Club German Association of Orange County, a Corporation 1566 South Douglass Road Anaheim, California 92806 LOCATION/REQUEST: The property is approximately 26 acres located north and east of the northeast corner of Katella Avenue and Douglass Road. The request is (1) for a change in zones from RS-A-43,000(FP), ML and ML(FP) to PR and PR(FP) on the westerly approximately 9 acres and (2) to permit a parking area to be accessory to a multi-purpose sports facility with waiver of maximum fence height on the easterly approximately 17 acres. HEARING SET ON: Request by Planning Commission for City Council review. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin December 4, 1989 Posting of Property December 6, 1989 Mailing to property owners within 300 feet December 5, 1989 (amended notice mailed December 7, 1989) PLANNING STAFF INPUT: See extensive staff report to the Planning commission dated December 13, 1989. Also see additional informational material for the arena project including correspondence from interested parties, related material included in City Hall, Anaheim, California - COUNCIL MINUTES December 15, 1989, 1:30 P.M. exhibits A through M, draft EIR (DEIR) 299, final EIR (FEIR) 299 and EIR 299 Response to Comments. City Attorney Jack White summarized the actions of the Planning Commission taken at their meeting of December 13, 1989. The Planning Commission subsequent to its public hearing on the items before the City Council today voted by resolution to certify Final EIR No. 299. In conjunction with the two zoning actions: voted to approve the zoning reclassification for a portion of the property that is in the perimeter of the project covered by the EIR; by motion approved waiver of the maximum wall height for a wall that would be constructed adjacent to the southern and eastern boundaries of the adjoining Mobile Home Park between the project site and the Mobile Home Park; and by resolution, denied the CUP for an approximate 17 acre portion of the project site that would be proposed for utilization as off-street parking in conjunction with the proposed arena. After those actions, the Planning Commission by motion referred to the City Council all of its decisions in regard to the aforementioned matters for Council consideration and further action. Today the Council has all those items legally before it to consider. At this time, it would be appropriate to briefly hear from City Staff and the consultants who have prepared the documentation for the project and then to open the public hearing for comments from the public. Mr. Kevin Walls, Ogden Corporation. The facility is a 20,000 seat sports and entertainment arena located on the site described north of Katella, east of Douglass. It will contain 80 luxury suites and approximately 2500 VIP seats. It will also house a restaurant and club for patrons. It is a multipurpose facility available for basketball, ice shows and hockey, concerts, family shows, national conventions and the like. The building itself is approximately 400 x 520 feet in floor plan dimensions. It is rectangular at grade and the arena bow drum extends above that as shown in the rendering on the Chamber wall. The building itself is about 85 feet high in total although the arena floor is sunken below grade to allow patron access at grade, leaving the building approximately 60 feet high above the existing grade. There are approximately 2900 parking spaces on the adjacent land with other parking throughout. The aesthetics of the building as shown in the rendering are based on timeless quality and not a fad that will run out in a couple of years and worked to blend with the existing and proposed development in the Stadium area. He then introduced the representative from Phillips Brandt Reddick, the firm which prepared the Environmental Impact Report. Mr. Sid Lindmark, Director, Phillips Brandt Reddick (PBR), 18012 Sky Park Circle, Irvine 92714. Mr. Lindmark then read a prepared statement dated December 15, 1989 (City Council - December 15, 1989, Anaheim Arena, City of Anaheim - made a part of the record). His presentation covered City Hall, Anaheim, California - COUNCIL MINUTES - December 15, 1989, 1:30 P.M. the procedures followed in preparing the draft EIR which has been available for public review since November 6, 1989 and Final EIR, briefed the actions that followed upon completion of the Draft EIR, reported on the Final EIR which is before the Council today which includes public comments, briefed corrections that have been made as well as additions. Representatives who prepared the various reports were also present to answer questions on the Draft EIR following public comments. Mr. Ltndmark noted they have also received a letter from the City of Orange relating to the Memorandum of Understanding Agreements on circulation improvements which is available to the public and a letter from the law firm of Augustini, Wheeler and Dorman on behalf of Anaheim Stadium Associates (ASA) dated December 15, 1989 regarding a request for a continuance of two weeks for additional time for review of the environmental documentation. Mayor Hunter opened the public hearing. Julte Mayer, Chairman of Art in Public Places, a committee of the Anaheim Arts Council. The Anaheim Arts Council is advisory to the City Council. She is presently representing the Arts Council on behalf of the section which addresses aesthetics, representing 35 local arts organizations. She is requesting that an Art in Public Places element be considered where feasible in the final arena design both in the interior and exterior of the proposed complex. This will be of great assistance to their efforts to continue to encourage voluntary support of arts in the City. They will also be happy to serve as a resource. Karen Spaulding. She and her husband are the owners of Old Mill Custom Cabinets on the northeast corner of Douglass and Katella. She is present in order to learn what is going on since she has never been approached by anyone in the City or any entity. She heard Mr. Lindmark say that the property owners have been contacted. She is wondering what their future is at their present location. Eileen McGregor, General Manager, Environmental Seal and Security. She is located on the same property as Karen Spaulding's company on the northeast corner of Katella and Douglass adjacent to the riverbed. They have an approximately 20,000 square foot building that does not show up on any of the drawings. They have not been purchased by the City and it appears there is going to be a VIP parking lot going through the eastern corner of their facility. A partnership owns the building and they are leasing the building from the partnership. The three buildings involved are at 2601, 2605 and 2621. (Spauldtng building is at City Hall, Anaheim, California COUNCIL MINUTES December 15, 1989, 1:30 P.M. 2601). Environmental Seal is at 2621. They have a ten year lease and no one has spoken to them Mayor Hunter. Prior to receiving any additional testimony, his intention is that the hearing be continued as an open public hearing in two weeks to allow the Council and public to review the additional documentation prepared in conjunction with the project. He asked if there was a general Council consensus that the public hearing be continued for two weeks after receiving additional input today. The general Council consensus was that there be a continuance of the public hearing after taking additional testimony today. Robert Coldren, Attorney, Hart, King and Coldren, representing Campanula Properties and John A. Stanaland, owners and operators of Orange Tree Mobile Home Park, surrounded by the proposed project on two sides. In view of the fact that the Council is going to be continuing the hearing for further testimony to another date in the future, he will defer his comments until that point in time. Since the Commission hearings occurred, they have had informal discussions with Staff which have given cause to believe there may be some opportunity to further mitigate the adverse impacts and resolve the differences. With regard to those interim discussions, those have been in good faith and he feels they are moving in the right direction. On that basis, he supports the Council's desire in that regard. While the EIR mitigations and issues are not resolved, the Planning Commission has already incorporated a number of significant mitigation measures which do go some distance toward solving the problems of the Park residents and the Park itself. Among those mitigation measures are the sound absorption wall around the park, discussion regarding restriction on tailgating parties, sidewalks along Douglass, and the issue of prohibiting parking along Douglass all those are steps in the right direction. His client Will continue the mutual good faith efforts between now and the time of the continued meeting to resolve the differences. He understands that the Council today is not going to vote on the CUP, the EIR, the Zone Reclassification issues or any of the other issues. By not giving any public testimony and refraining from taking any action until the continuation date, his client would not be deemed to have been waiving or prejudicing any of his rights with respect to the concerns or issues. He assumes also that the City is not going to be entering into any binding contractual commitments that will be irreversible, that there will not be bulldozers out on the site or by doing anything that will commit the City further toward the arena project in an irreversible fashion. City Hall, Anaheim, California - COUNCIL MINUTES - December 15, 1989, 1;30 P.M. Mayor Hunter. He gave Mr.' Coldren that assurance since he noted the City Attorney was shaking his head affirmatively on the points articulated by Mr. Coldren. Andrew Starrels, 100 Wilshire Boulevard, Los Angeles, Attorney with Loeb and Loeb representing the Los Angeles Rams Football Team. He will make some brief comments today and reserve the right to make additional comments two weeks hence. The Rams have delivered a letter from Loeb and Loeb indicating their opposition to the project dated December 15, 1989. It is reprinted as comments no. 64 in the FEIR. The Rams' position is that the responses to those comments contained in the FEIR and the Planning Commission hearing are not adequate to satisfy the requirements of CEQA either procedurally or substantively. Those comments and the other comments raised by other respondents both in the Commission action and public response period form the basis of the Rams continued opposition and concern for this project. The adverse impacts presented are too great to satisfy the requirements of CEQA even when mitigated and are even more exacerbated by the Planning Commission's recommendation to deny the Conditional Use Permit, thereby eliminating a lot of the on-site parking for the proposed project. There is no evidence in the administrative record to support the recommended findings of the Commission as required by CEQA. The Rams reserve the right to challenge the adequacy of the EIR report and the propriety of the City to certify it and would like to append their written responses contained in the EIR to today's proceedings. Richard Tozer, owner/operator, Rancho del Rio Stables, the property the City proposes on making a three way trade with the Phoenix Club. He is opposed to not being included in the EIR. That is his main complaint. They are 1,000 feet from the Phoenix Club No one can understand why the Stables were not included. His property is impacted most by the project. Rancho del Rio has been in Anaheim for 20 years. The Staff Report submitted to the Planning Commission stated they are in the Cognty but they have been incorporated into Anaheim for eight to ten years. They have been an asset to the City. Over 3,000 kids, mostly young ladies, circulate through the stables. There is a handicapped program known all over the country. There are 50 children physically and mentally handicapped who will have no place to go. It is not going to be easy to relocate this program along with the other 200 horses in the Stable represented by 200 families. He would like the Phoenix Club to go somewhere else. The Stable should be included in the impact report because they are impacted more than anyone else since they would have to relocate. Nobody has addressed the effect the project will have on the environment. It is a beautiful area. He respectfully City Hall, Anaheim, California - COUNCIL MIN-OTES - December 15, 1989, 1:30 P.M. requests since the matter is going to be continued that his comments be taken into serious consideration and at least be included in the FEIR before it is adopted. Lena Irigoyen, American Riding Club for the Handicapped. She agrees with Mr. Tozer. She spoke to the Planning Commission to let them know of the concern of the handicapped children who use the stables. They do not understand how or why they are going to be displaced. The program has been ongoing for ten years and now they will have no place to ride. The stable is not only a pastime for them, it is an important part of their lives. There is also no drinking allowed. It is drug free. It is a protected environment for them and she does not want to see them thrown out into the street. They are a family. The kids do not have anything in life except once a week to come to the stables to ride. Priscilla Anderson, resident, Orange Tree Mobile Home Park. Her concern is being put into a prison. It is not fair to the residents to put ten and fifty foot walls around the Park. The electricity goes down at least ten times a year. With electric gates, they will be locked into the Park and nobody can get out. There are many seniors in the Park and they will not be able to get out if there is a problem with the electricity. They are impacted now when the Rams games patrons take up all the parking places and with the Phoenix Club activities as well as their parking taking up the Park's entrances and exits. It is better to buy out the Mobile Home Park and relocate the residents. There will be 210 residents sandwiched in between an arena and a proposed jail. The road is not wide enough. One entrance and exit for the Park is not safe. Under the circumstances, they will not be able to sell their mobile homes. There was no additional public input/comments at this time. City Attorney White. Prior to the Council taking any action to continue the matter, Mr. Lindmark should be called upon to give responses to the comments put forth today that raise significant environmental issues. Std Ltndmark, PBR. Response to comments by ~aren ~paulding and Etleen McCregor: Ail public noticing requirements of the City have been met on the project as it would pertain to property owners. The lessee may have been missed. The City is not required to notify other entities other than the property owner. In exhibit 9 of the DEIR, the location referenced by Miss McGregor is noted. It is number 11. Individual businesses are not listed and the immediate area that is being identified is listed as commercial and industrial. City Hall~ Anaheim, California - COUNCIL MINUTES - December 15, 1989, 1:30 P.M. Response to comments by Andrew Starrels, Los Angeles Rams and note 64 of the FEIR: There is an implication that the City cannot certify an EIR when the environmental impacts are not mitigated to a level of insignificance. In accordance with CEQA, that is not the case. The draft and final EIR acts as a disclosure document. If those mitigations are identified as they are in a Statement of Overriding Considerations, the lead agency may go on to give certification to an EIR even though the implications are not mitigated to a level of insignificance. It is the lead agency and the City Council that have the responsibility in terms of determination, of whether the findings for the project are present, or the propriety to certify occurs. Ken Ryan, PBR. Response to comments by Mr. Tozer: The stables are not a part of the proposed project as defined in CEQA. It has not been determined where the Phoenix Club would be relocated to. It is not now known whether the Phoenix Club would go to the stable site, only that it would need to be relocated for the project to occur. No final agreements have been signed regarding that issue. Relative to the trails, they are very sensitive to those issues. Exhibit Nine indicates the stables are off-site and not a part of the project. They are separated by the Southern Pacific Railroad and the project does not involve any removal of biological habitat or Eucalyptus trees that were mentioned relative to the stable area. They did look at biological impacts which are part of the project. The site is urbanized and has been degraded in terms of the flooding area. Biological impacts were deemed not to be significant. Additionally, they coordinated with the County regarding future plans for equestrian trails and were consistent with the master plan of riding and hiking trails currently indicated on the eastern side of the river. The County did indicate future plans to relocate the trail on the western side but that was deemed not to be an impact to the project. The project would be compatible with any future plans relative to the location of the equestrian trails. There was an earlier comment by Julie Mayer regarding the potential for art in public places. There might be an excellent opportunity for that to occur. There are two mitigation measures they have included that include architectural features and landscape design review. It would be an excellent opportunity to incorporate any type of feedback relative to that program. Response to comments by Priscilla Anderson: It is important to note that the wall which is a mitigation measure addresses sound attenuation issues as well as security City Hall, Anaheim, California - COUNCIL MINUTES - December 15, 1989, 1:30 P.M. issues. They met with representatives of the Mobile Home Park residents during preparation of the project. One of the issues involved security problems that currently exist. The wall would provide additional security that is not there at the present time. There would also be a ten foot landscaped buffer between the wall and the project area that could reduce any kind of stark nature of the wall. Relative to the safety issue, they did include a mitigation measure relative to providing for card gate access to assure safety and parking impacts would not be impacted upon the mobile home residents. Along with that there is an opportunity to put in a manual device to assure if there is no electricity, access would still be accommodated and the safety issue would be a non-issue. Sid Lindmark, PBR. The Fire Department does receive a key and will always have access no matter what the circumstances are. The gates are usually mechanically configured so that any vehicle could crash through the gate if necessary. Mayor Hunter. At this time, he is going to move to continue the Public Hearing on the subject to Wednesday, December 27, 1989 at 9:00 a.m. as an open hearing and further that while the official 30-day public review period on the Draft EIR was closed on December 6, 1989 and all written comments received during that period were included in the Final EIR, since the public has expressed additional concerns related to the project, the City will continue to receive written comments on the environmental documents until 5:00 p.m. on Wednesday, December 20, 1989 and additional oral comments will be received at the continued Public Hearing on December 27, 1989 without reopening the formal public review period, councilman Pickler seconded the motion. MOTION CARRIED. City Attorney White. He recommends that the Council recess to closed session to consider discussion of those items listed on the closed session of the December 12, 1989 Council meetin~ ~c wnic~ ~ni~ meeting was adjourned and after that closed session it would further be his recommendation that the City Council reconvene in open session and then adjourn to Thursday, December 21, 1989 at 1:30 p.m. to consider in joint public hearing with the Redevelopment Agency the matter listed under item D6 on the December 12, 1989 Council Agenda (Disposition and Development Agreement Koll Anaheim Center Associates). RECESS - CLOSED SESSION: Councilman Hunter moved to recess into Closed Session. Councilman Pickler seconded the motion. MOTION CARRIED (3:30 p.m.) City Hall, Anaheim, California - COUNCIL MINUTES - December 15, 1989, 1:30 P.M AFTER RECESS: Mayor Hunter called the meeting to order, all Council Members being present (5:09 p.m.) ADJOURNMENT: Councilman Hunter moved to adjourn to Thursday, December 21, 1989 at 1:30 p.m. Councilman Pickler seconded the motion. MOTION CARRIED. (5:10 p.m.) LEONORA N. SOHL CITY CLERK