2002/11/05II
ANAHEIM, CALIFORNIA
ADJOURNED CITY COUNCIL MEETING
NOVEMBER 5, 2002
The City Council of the City of Anaheim met in adjourned regular session. The Notice of
Adjournment was posted at 3:00 P.M. on November 5, 2002 on the exterior door of the Anaheim
Council Chambers, announcing the adjournment to 4:00 P.M. due to a lack of quorum.
PRESENT:
McCracken.
Session.
Mayor Tom Daly, Council Members: Frank Feldhaus, Lucille Kring and Shirley
Council Member Tom Tait entered the Chamber at a later time and joined Closed
STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, City Clerk Sheryll
Schroeder, Executive Director of Planning and Community Development Joel Fick, Zoning
Division Manager Greg Hastings, Zoning Administrator Annika Santalahti and Executive
Director of Community Development Elisa Stipkovich.
A copy of the agenda for the meeting of the Anaheim City Council was posted on November 1,
2002 at the City Hall inside and outside bulletin boards.
Mayor Tom Daly called the regular meeting to order at 4:02 P.M. in the Council Chambers of the
Anaheim City Hall, 200 South Anaheim Boulevard.
ADDITIONS/DELETIONS TO CLOSED SESSION:
City Attorney, Jack White, recommended that the City Council, by motion, add the following item
to the Closed Session agenda upon a determination that there was a need to take immediate
action and that the need to take action came to the attention of the City subsequent to the
posting of the agenda for this meeting:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Melodyland Christian Center v. SMG, et al., Orange County Superior
Court Case No. 02CC16604.
Council Member McCracken moved, seconded by Council Member Kring, to add Item 6 to the
Closes Session agenda. Council Member Tait absent. Motion carried.
PUBLIC COMMENTS - CLOSED SESSION ITEMS: None.
Mayor Daly moved to recess to Closed Session, seconded by Council Member Kring. Council
Member Tait absent. Motion carried. The Council recessed to Closed Session at 4:03 P.M.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Kord Group v. The Fieldstone Company, et al., Orange County Superior
Court Case No. 76-32-58 (and related cases).
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
T "r' r '
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Name of case: In re: Ogden New York Services, Inc. et al., U.S. Bankruptcy Court No.
02-40846-cb (SDNY).
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Titles: City Manager, City Treasurer
REDEVELOPMENT AGENCY:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the
Government Code)
Property: 208, 218 and 224 East Broadway, Anaheim, California.
Agency negotiators: Joel Fick, Elisa Stipkovich
Negotiating parties: F.H.J.H. Family Trust and the Anaheim Redevelopment Agency.
Under negotiation: Price and terms
CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the
Government Code)
Property: 290 South Anaheim Boulevard, Anaheim, California.
Agency negotiators: Joel Fick, Elisa Stipkovich
Negotiating parties: Dan W. Heil, William C. Stookey, Gary P. Dysart and James B.
Sauer and the Anaheim Redevelopment Agency.
Under negotiation: Price and terms
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Melodyland Christian Center v. SMG, et al., Orange County Superior
Court Case No. 02CC16604.
AFTER RECESS:
Mayor Daly called the regular Council meeting of November 5, 2002 to order at 5:59 P.M. and
welcomed those in attendance.
INVOCATION: Moment of Silence
FLAG SALUTE: Council Member Tait
PROCLAMATIONS AND DECLARATIONS:
Recognizing the OCTA Senior Mobility Program in Anaheim; presentation of a quilt in
recognition of the Anaheim Public Library's Centennial and a declaration recognizing the Key
Clubs of Anaheim, Connelly, Fairmont, Katella, Loara, Savanna, Servite and Western High
Schools
Recognitions to be presented at a later date were a proclamation recognizing November 4 - 22,
2002, as Anaheim Employees Charities Weeks; a proclamation recognizing November 24 -
December 1,2002, as National Bible Week and recognizing the Class of 2002 Leadership
Anaheim graduates.
At 6:12 P.M., Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency meeting.
Mayor Daly reconvened the City Council meeting at 6:15 P.M.
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ADDITIONS/DELETIONS TO THE AGENDA: None
PUBLIC COMMENTS:
James Robert Reade stated that there had been a hate crime committed against him, which
occurred on September 14, 2002 at 8:30 P.M. He said he believed that the Police Department
had suppressed information regarding the crime and he spoke about various other incidents
with the Police Department.
A citizen named Michael stated that he wanted to meet with Mayor Daly regarding installing a
driveway at property that he owned. He said it took the City 40-years to put a sidewalk in front
of the driveway and he was told to put in a 3 ½ foot piece of blacktop coming off the sidewalk
onto the driveway and that had been done. A Code Enforcement person had come out and said
it was all right then and now he was told he needed to put in a whole driveway.
Mayor Daly asked about the location of the property and Michael responded that it was off
Vermont and Harbor Boulevard. Mayor Daly asked if it had a driveway and Michael responded
that it had a dirt driveway and had been like that since the day he had purchased it. When the
City had put in the sidewalk in, he had done what he was told to do and then he received a
ticket saying that he needed to install a driveway.
Mayor Daly directed the City Manager to compile backround information for Council and after
Council had a chance to review the information, Mayor Daly said he would meet with Michael.
MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions,
seconded by Council Member McCracken. Motion carried unanimously.
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CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A'I - A12: On motion by Mayor
Daly, seconded by Council Member McCracken, the following items were approved in
accordance with the reports, certifications and recommendations furnished each Council
Member and as listed on the Consent Calendar. Mayor Daly offered Resolution No. 2002R-230
and Ordinance No. 5842 for adoption. Motion carried unanimously.
Al. Reject certain claims filed against the City.
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A2.
Receive and file the Monthly Financial Analysis Report presented to the Finance Director
for three months ended September 30, 2002; minutes of the Deferred Compensation
Committee meeting held July 10, 2002; and minutes of the Park and Recreation
Commission meeting held September 25, 2002.
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A3.
Accept the Iow bid of Ram Air Engineering, Inc., in an amount not to exceed $41,995
(including tax), for the removal and replacement of the HVAC system located in the
arena box office at the Convention Center in accordance with Bid #6321.
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A4.
Award the contract to the lowest responsible bidder, Excel Paving Co., in the amount of
$3,842,051.25, for the Tustin Avenue Widening Project at the SR-91 freeway and
approve and authorize the Finance Director to execute the Escrow Agreement pertaining
to contract retentions.
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A5.
Approve the Settlement Agreement and Release with Ted Miltimore and Eric Budzian, in
the amount of $2,000, for property located at 1105 West Center Street, #3 for the Lincoln
Avenue/Phase II Street Widening Project.
A6.
Approve an agreement with Western Transit Systems for a three-year term, with two
one-year options to extend, to provide transportation services for the Anaheim Senior
Mobility Program.
A7.
Approve the Amendment to Agreement with AWS Roofing and Waterproofing
Consultants, LLC, in the total compensation amount of $45,000, for continued
professional services for the repaid replacement of the Exhibit Hall C and the top level of
Carpark 1 of the Convention Center.
AS.
Accept the resignation of Thomas J. Kirker from the Public Utilities Board and authorize
the City Clerk to post the Notice of Unscheduled Vacancy.
A9.
ORDINANCE NO. 5843 (INTRODUCTION) 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. 2001-00051, located at 1025-1109 East
Lincoln Avenue).
Al0.
RESOLUTION NO. 2002R-230 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving Retirement Health Savings Plan adoption agreements for
full-time employees represented by the Anaheim Police Association and the International
Brotherhood of Electrical Workers, Local 47; amending adoption agreements for certain
full-time non-represented confidential and management employees and employees
represented by the Anaheim Firefighters Association; approving Letters of
Understanding between the City of Anaheim and the Anaheim Police Association and
International Brotherhood of Electrical Workers, Local 47; and amending the City of
Anaheim Health Savings and Reimbursement Plan.
All.
ORDINANCE NO. 5842 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM
amending Subsections .010 and .020 of Section 13.080.020 relating to prohibited
conduct within parks and adding Section 13.08.120 to Chapter 13.08 of Title 13 of the
Anaheim Municipal Code establishing a uniform policy for use of bicycles within special
use parks (Introduced at the Council meeting of October 29, 2002, Item A14).
A12. Approve minutes of the Council meeting held October 15, 2002.
END OF CONSENT CALENDAR
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Item B1 From Zoninq Administrator Meetinq of October 17, 2002: (No action by City Council
required unless expressly indicated. Council may consider and act upon such matters at its
discretion. Items requiring a public hearing may be set for hearing at a later date upon the
request of any two Council members.) APPEAL PERIOD ENDS NOVEMBER 5, 2002:
B1.
VARIANCE NO. 2002-04524
AND NEGATIVE DECLARATION:
OWNERS: Reeder Properties, 209 Bannock Court, Box 856
Sun Valley, ID 83353
Ock Ja Klm, 1365 N. Knollwood Circle, Anaheim, CA 92801
AGENT: Richard Klm, 1365 Knollwood Circle, Anaheim, CA 92801LOCATION: 1365-
1385 Knollwood Circle. Parcel 1: This irregularly-shaped 3.0-acre prop( ¥ is located
at the terminus of Knollwood Circle having a frontage of 86 feet on Knollwood Circle, and
a maximum depth of 444 feet.
LOCATION: 1335 Knollwood Circle. Parcel 2: This irregularly-shaped 1.2-acre
property is located 1666 feet north of the centerline of Woodland Drive, having a
frontage of 224 feet on the west side of Knollwood Circle and a maximum depth of 229
feet.
Waiver of minimum number of parking spaces and required screening of outdoor
equipment to permit and retain an existing textile manufacturing facility with accessory
outdoor storage and equipment in the ML (Limited Industrial) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 2002-04524 approved (ZA2002-37).
Negative Declaration approved.
Council Member Feldhaus said that the outdoor storage and equipment was something that
usually had to be screened and Zoning Administrator, Annika Santalahti, said that this item had
gone through quite a bit of Code Enforcement activity as well as the Public Works Department
regarding the capacity of the sewer in the vicinity. Most of it had been taken care of before it
came to the public hearing, she noted, and it had been continued twice to verify that everything
had been taken care of. The parking spaces were not an issue because of the type of business
and the approval was for this specific business, she said. The required screening of the outdoor
equipment was because certain types of equipment showed because of the height and the
location and distance from Knollwood Circle, she informed, and was at the terminus of the circle
at the far end. She had checked to see if there was any visibility of anything in that direction
and that was not a problem and it was the location of the property at the cul-de-sac end and the
general lack of traffic as in comparison to a through street or further south on Knollwood Circle.
She said it would be enclosed with chain link fencing with slats and with landscaping around
that and it would not be fully screened from public view on Knollwood Circle.
Executive Director of Planning and Community Development added that vats and tanks integral
to the nature of the business were included unlike just outdoor storage. These were located at
the far end of the cul-de-sac and there were some conditions that required chain link with slats
to be there. There were monthly Code Enforcement inspections required as conditions of
approval and the equipment would be painted to match the building and he added that there
was a number of conditions put in place by the Zoning Administrator to help mitigate any of the
circumstances. He added that with the conditions imposed, it was mitigated to the fullest extend
that staff could recommend.
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Zoning Administrator Santalahti said that if the applicant did not comply with the conditions it
could always be brought back for a public hearing to consider revocation or modification, which
could include further screening.
Items B2 throuqh B6 From Planninq Commission Meetinq of October 21, 2002: (No action
by City Council required unless expressly indicated. Council may consider and act upon such
matters at its discretion. Items requiring a public hearing may be set for hearing at a later date
upon the request of any two Council members.) APPEAL PERIOD ENDS NOVEMBER 12,
2002:
B2.
CONDITIONAL USE PERMIT NO. 2002-04608
CATEGORICALLY EXEMPT - CLASS 11:
OWNER: Jerome Remick, MCT Investments LLC
4616 East LaPalma Avenue, Anaheim, CA 92807
AGENT: Shannon McDonald, Cingular Wireless
1225 West 190th Street, Suite 250, Gardena, CA 90248
LOCATION: 4616 East La Palma Avenue. Property is approximately 0.7-acre having
a frontage of 125 feet on the south side of La Palma Avenue and located 365 feet west
of the centerline of Hancock Street.
To permit a flagpole telecommunication antenna facility and accessory ground-mounted
equipment in the Scenic Corridor Overlay Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2002-04608 granted for three years to expire on October 21,
2005 (PC2002-158) (4 yes votes, Commissioner Romero voted no, Commissioner Koos
abstained and Commissioner Bostwick absent).
B3.
VARIANCE NO. 2002-04534
CATEGORICALLY EXEMPT- CLASS 3:
OWNER: Valerie S. Ford, 747 North Lemon Street
Anaheim, CA 92805
LOCATION: 747 North Lemon Street. Property is approximately 0.19-acre having a
frontage of 53 feet on the west side of Lemon Street and located 170 feet south of the
centerline of North Street.
Waiver of maximum fence height to retain and permit an existing 6-foot high wrought
iron fence in the required front yard setback.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 2002-04534 denied (PC2002-159) (4 yes votes, Commissioner Boydstun
voted no, Commissioner Koos abstained and Commissioner Bostwick absent).
B4.
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 3939
AND NEGATIVE DECLARATION:
OWNER: ALL AMERICAL PETROLEUM Corp.
301 S. Anaheim Boulevard, Anaheim CA 92805
AGENT: Jerry Zomorodian, 25105 Mustang Drive
Laguna Hills, CA 92653
LOCATION: 301 South Anaheim Boulevard. Property is approximately 0.93-acre
located at the southwest corner of Broadway and Anaheim Boulevard (ARCO Service
Station)
To amend previously-approved exhibits and conditions of approval pertaining to signage
(to permit and retain 2 unpermitted wall signs, modify 1 existing wall sign, modify 6
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existing informational signs and construct 2 directional signs), and to modify conditions
of approval pertaining to hours of operation and operational conditions pertaining to the
convenience market with fast food and the retail sales of beer and wine in connection
with a previously-approved service station with a full-service car wash with fast food
waiver of permitted sign copy for freestanding entrance or exit signs.
ACTION TAKEN BY THE PLANNING COMMISSION:
Waiver of Code Requirement approved (4 yes votes, Commissioners Boydstun and
Vanderbilt voted no and Commissioner Bostwick absent).
Amendment to Conditional Use Permit No. 3939 approved, in part, approving the car
wash sign on the north elevation of the car wash building and denying all other
requested sign modifications (PC2002-160).
Negative Declaration previously approved.
Appeal submitted by the agent, Jerry Zomorodian. Set for public hearing December 17, 2002.
B5.
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2002-04615
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: MBS Holdings, Attn: Brian Grinde
1363 South State College Boulevard, Anaheim, CA 92806
LOCATION: 1363 South State Colleqe Boulevard. Property is approximately 6.1
acres located at the southwest corner of Winston Road and State College Boulevard.
To permit and retain an existing building materials storage yard in conjunction with a
tile/flooring business with waiver of required landscape screening of outdoor storage.
ACTION TAKEN BY THE PLANNING COMMISSION:
Waiver of Code Requirement denied (5 yes votes, Commissioner Boydstun voted no
and Commissioner Bostwick absent).
Conditional Use Permit No. 2002-04615 denied (PC2002-161).
B6.
CONDITIONAL USE PERMIT NO. 2002-04612
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: BEL AIR Enterprises, INC., 1300 Quail Street, Suite 108 Newport Beach, CA
92660
AGENT: Young Park, 2885 West Lincoln Avenue
Anaheim, CA 92801
LOCATION: 2885 West Lincoln Avenue. Property is approximately 1.5 acres located
at the northeast corner of Bel Air Street and Lincoln Avenue (201 PC BANG).
To permit and retain a computer rental and internet amusement (arcade) business.
ACTION TAKEN BY THE PLANNING COMMIgglON:
Conditional Use Permit No. 2002-04612 granted for one year (PC2002-162) (4 yes
votes, Commissioners Bristol and Eastman voted no and Commissioner Bostwick
absent).
Mayor Daly said he understood that it was a cyber caf6 and asked if there were any distinctions.
Director Fick stated that there were a number of conditions imposed by the Planning
Commission and it had been granted for a one-year time period. He said that there was no
opposition expressed at the Planning Commission meeting and two letters had been received in
favor of the project.
Review of the Planning Commission's decision requested by Mayor Daly and Council Member
McCracken. Set for public hearing December 17, 2002.
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6:00 P.M. PUBLIC HEARINGS:
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C1.
FINAL ENVIRONMENTAL IMPACT REPORT FOR THE WEST ANAHEIM
COMMERCIAL CORRIDORS REDEVELOPMENT PROJECT AND ADDENDUM AND
MITIGATION MONITORING PLAN NO. 119
GENERAL PLAN AMENDMENT NO. 2002-00405
RECLASSIFICATION NO. 2002-00081
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2002-04603
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2002-00008
REQUEST FOR CITY COUNCIL REVIEW:
OWNER: Lincoln Beach Associates, L. P., 14011 Ventura Boulevard, # 404, Sherman
Oaks, CA 91423
Richard Bracamonte, 141 North Richmont Drive, Anaheim, CA 92801
Metropolitan Life Insurance Company, 9950 Maryland Drive, # 405 Richmond, VA 23233
Boas Family Partnership, 1800 Avenue of the Stars
Los Angeles, CA 90067
Loan Pham, 420 Colfax Circle, Corona, CA 92879
Huei Yu Chung and Hui Lin, 873 East Cameron Court, Brea, CA 92821
AGENT: Anaheim Redevelopment, Attn: Elisa Stipkovich
201 South Anaheim Boulevard, Anaheim, CA 92805
LOCATION: 200-328 North Beach Boulevard and 2951-2961 West Lincoln Avenue.
The site consists of multiple properties with a combined area of approximately 30 acres
and is located north and east of the northeast corner of Beach Boulevard and Lincoln
Avenue, having a frontage of 1150 feet on the east side of Beach Boulevard and a
frontage of 490 feet on the north side of Lincoln Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved Final Environmental Impact Report for the West Anaheim Commercial
Corridors Redevelopment Project and Addendum and Mitigation Monitoring Plan
(PC2002-135) (7 yes votes).
Recommended adoption of Exhibit "A" of General Plan Amendment No. 2002-00405
(PC2002-136).
Reclassification No. 2002-00081 granted (PC2002-137).
Waiver of Code Requirement approved.
Conditional Use Permit No. 2002-04603 granted (PC2002-138).
Determination of Public Convenience or Necessity No. 2002-00008 approved (2002-
139).
Recommended City Council review.
(Informational item at the Council meeting of October 1, 2002, Item B7. Public hearing
scheduled due to General Plan Amendment, continued from the adjourned Council
meeting of October 29, 2002).
ENVIRONMENTAL IMPACT REPORT - The foregoing activities are within the scope of
the program approved earlier in connection with the EIR, and the EIR adequately
describes the activity for the purposes of the California Environmental Quality Act.
GENERAL PLAN AMENDMENT NO. 2002-00405 - Request to amend the Land Use
Element of the General Plan from the Medium Density Residential land use designation
to the General Commercial land use designation.
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RECLASSIFICATION NO. 2002-00081 - Request reclassification of the properties from
the RM-1200 and RM-1000 (Residential, Multiple-Family) zones to the CL (Commercial,
Limited) zone.
CONDITIONAL USE PERMIT NO. 2002-04603 - Request to construct a commercial
retail center of regional significance, including a home improvement store with an
outdoor garden center, other retail shops, two drive-through fast food restaurants, three
full-service restaurants with sales of alcoholic beverages for on-premises consumption,
an amusement device arcade, a multi-tenant food court with outdoor seating and beer
and wine sales for on-premises consumption, a self storage facility using storage
containers, and an outdoor storage area for recreational vehicles and boats, with
waivers of minimum number of parking spaces and maximum fence height.
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2002-00008
Request to permit the sale of alcoholic beverages for off-premises consumption within a
proposed grocery store.
Council Member Tait declared a conflict of interest on Item Cl and left the Council dais.
Zoning Division Manager, Greg Hastings, presented a staff report and stated that the
entitlement would change the general plan and zoning designations on the property from
residential to commercial and would allow a conditional use permit to construct an approximate
300,000 square foot regional shopping center and a self storage facility with outdoor storage of
recreational vehicles and boats, which would be tucked behind the center. The shopping
center, he said, would include a high-quality home improvement center with outdoor garden
sales, a full service grocery store, retail shops, a food court with outdoor dining and beer and
wine service, two drive through, fast food restaurants, three full-service restaurants, with alcohol
sales and amusement arcade, and a children's pizza parlor. Two waivers were being requested
for the project and the first was a parking waiver, he said, and the developer would provide
1,446 parking spaces as approved by the City Traffic and Transportation Manager. The second
waiver would allow a ten-foot high, terraced decorative block wall along the northeast property
line, he informed, to screen the center from the adjacent residential properties. Code allowed
only an eight-foot high wall at that location and he said that staff felt that the waiver was justified
and that it would serve to provide an aesthetic and effective buffer between the residents and
commercial property. Community Development and Planning Departments and other City staff
had been working with the community and affected property owners for the last few years to
design a high quality commercial development that would be an asset to the community and rid
the prominent corner of the blighting influences caused by the existing landfill, he explained.
City staff had worked extensively with the community and had incorporated their suggestions
into the project design. A large public plaza had been integrated into the project and would
serve as a place to gather the community, complete with extensive landscaping, water features,
public art and outdoor dining. He noted that with the construction of the high quality project, the
capping of the landfill would serve to mitigate the environmental effects of the landfill and
implement the redevelopment plan as well as the West Anaheim Vision Plan. The Planning
Commission had recently and unanimously recommended approval of the project with support
for the project expressed by the West Anaheim Neighborhood Development group and a
representative from the City of Buena Park, he added, and there was no opposition voiced at
the Planning Commission meeting. Since precise plans were just now being developed for the
proposal, such plans would be shared with the community prior to Planning Commission and
Council review, he noted. In addition to requiring a disposition and development agreement
being negotiated with the developer, Planning Commission imposed numerous conditions to
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guarantee the quality of the project. He explained that Planning Commission required final
plans to come back for the review showing a detailed, exact site plan, landscape plans,
restaurant floor plans, hours of operation, comprehensive signage program, fencing plans,
building elevations, self storage and recreational vehicle boat storage layout and the method of
operation that they would be using, accent paving plans, decorative lighting plans, roof and
ground mounted equipment location and treatment, outdoor amenities such as water features
and public art, amusement arcade layout and the method of operation and final site and floor
plans for drive-through restaurants and truck well treatments. He said that staff was confident
that the upcoming review of the items would result in a quality project.
Mayor Daly asked if the amusement arcade was part of the proposed Chuck E. Cheese and
Manager Hastings said that it was and there was not a separate amusement arcade proposed.
Mayor Daly asked if it would have to be a Chuck E. Cheese type of operation and was it tied to
that operator or could there be another pizza store. Manager Hastings said it was not tied to
that; however, there was a requirement that there be a review and approval of the operation of
the facility as part of the information that came back to the Planning Commission.
Manager Fick added that the precise floor plans of any of the buildings would come back to
Planning Commission. He said that the City was protected under the disposition and
development agreement that was in connection with the project and would come back to
Council.
City Attorney White said that the City would be protected by contract as opposed to zoning and
staff would be able to accomplish whatever purpose the Council desired.
Mayor Daly noted that the project included the existing buildings fronting on Beach Boulevard,
including the Tower Records building, which would come down, and he asked about the status
of Tower Records being a new tenant included in the project.
Director Stipkovich stated that the developer was currently negotiating with Tower Records.
Mayor Daly opened the public hearing.
Bret Foy, Vice President of Zellman Retail Partners, said that he had been working on the site,
which was on a landfill, for about 18 months and it had been a challenge. He said his company
had worked very hard to attract a strong tenant mix and there were construction cost issues to
build on the landfill. He and his company had also been working with staff and the community
and the City of Buena Park to have a project that everyone would be proud of for a long time
and he was looking forward to finalizing the project. He said that general entitlements were
being sought before final details were put together since the tenant community he was trying to
attract was skeptical due to the former landfill site.
Rick Worsenski stated that he was the Community Development Director for the City of Buena
Park and that this was a win, win project for both cities. He said that one of the concerns over
the project was the vehicular and truck circulation and the way that would be developed and
could impact the residents to the north, particularly with respect to the storage use on the rear
portion of the property and was somewhat undefined at this time. The height and design of the
north property line wall and the landscaping buffer was puzzling to Buena Park, he said, and
how that would be constructed. He said he was not sure as to how familiar Council was with
respect to the methane barrier that the City of Buena Park had installed when the residential
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project went in and it was a very extensive system to ensure that methane gas did not penetrate
into the surrounding residential community. He said that Buena Park was concerned that it
remained intact and the methane gas emanated from the landfill site did not permeate into the
soil underneath the homes, which had not been the case for the past 15 to 20 years since they
had been at the site. He said that the City of Buena Park was concerned with the hours of
operation, both for the home improvement center, particularly with respect to loading and
unloading activities as well as the garden center that was associated with it since it was
immediately adjacent to the residential properties. In the early morning hours, he said, some
landscape delivery companies may want to exercise in this area and that would be a concern.
He asked about the ultimate design of the recreational vehicle storage area and how that
circulation was impacted. He mentioned that many of the items had been covered by the
Planning staff in the reports and recommendations that ultimately would go back to the Planning
Commission. He asked that the City of Buena Park continue to receive the notices of the items
to be heard by Planning Commission and that the two cities continue to have a good
relationship.
Esther Wallace said she was Chairman of the West Anaheim Neighborhood Development group
and they had been working on the site for a long time. She read a letter titled "Sinkin' Lincoln"
into the record which presented a history on the site. She noted that the West Anaheim
Neighborhood Development group would hesitate to say that they did not want or like the
project for fear that it would continue to be a weeded open lot for many more years. She added
that WAND would continue to work with the City and that what was planned in terms of shops
and restaurants was usual and nothing exciting and that there had been time and effort put into
good landscaping to make the shopping center beautiful.
Charles Bradley said he was a resident of west Anaheim and that the proposal may not be the
best but was better than what had existed for the last 30 to 40 years. There was a lot of
methane gas in the ground, he said, and special building projects would need to be done to put
in the types of buildings that would go down to bedrock. A Trader Joe's and Best Buy stores
would be an improvement for the site, he said.
Mayor Daly asked other than the tenants, if there were any other design features or aspects he
wanted to see in the plan. Mr. Bradley said he thought that the plan was a very good one.
Judithanne Gollette stated that the West Anaheim Neighborhood Development group stood in
support of the letter that was read into the record by Esther Wallace. She said that the
residents had the right to see quality units come into their neighborhood. She asked if a Chuck
E. Cheese was a quality restaurant coming into the neighborhood or was it just better than what
they had now. She said that several months ago, when the item appeared before the Planning
Commission for a reclassification, it mentioned that there were two restaurants and an
amusement park and a representative from Zellman said that all the developer had to do was
put in two restaurants. She said that the West Anaheim Neighborhood Development group
needed to know what Zellman was going for and she noted that this would be an improvement
for the City.
Mayor Daly asked if Chuck E. Cheese was included in the minimum requirement of three sit-
down restaurants. Director Stipkovich said it was and Community Development knew for sure
that there would be two sit-down restaurants other than Chuck E. Cheese. Community
Development would like to have a third sit-down restaurant and the entitlements would still allow
them to do that and put in a Chuck E. Cheese and she could not guarantee that and the
developer was asking for flexibility.
ANAHEIM CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES
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PAGE 12
Mayor Daly asked what types of sit-down restaurants were sized to accommodate the center.
Bret Foy stated that when Zellman was first involved in the project, staff had made it clear that
the restaurant component was very important. Zellman had been focused for over a year on
bringing in good sit-down restaurants and it had been extremely difficult, he noted. He
explained that there were two fairly significant sit-down restaurants on either side of a food court
and a third potential restaurant where Zellman planned on putting in Chuck E. Cheese, which
was the only restaurant that had said they wanted to be there. He added that Zellman was
working with restaurants such as Applebee's, Chilis and Aculpulco, which were sit-down, large
national chain restaurants with beer and wine service and the range of size was in the 6,500
square foot range. Chuck E. Cheese was intended to be one of the two buildings behind the
gas station that could be seen from the corner and it was a larger restaurant of approximately
11,000 square feet. Chuck E. Cheese was to be placed on Lincoln Avenue, even though they
had wanted to be placed on Beach Boulevard, he explained, and the reason for that was to try
to attract two restaurants that would be more exciting to people.
Ann Palcourt said she was a Buena Park resident and her fence backed up against the
property's fence. She said she was concerned and was interested in some of the questions
raised by the Community Development Director of Buena Park such as noise levels and
trucking. She said that she was interested in making it a quality area.
Mayor Daly commented that he assured Mr. Worsenski that the City would respect the City of
Buena Park as well as the residents who lived to the north of the proposal.
Bret Foy said that the boat and recreational vehicle storage was behind the retail buildings and
was too deep for retail and would be too far from the street and would not attract retail. It was
the least intrusive type of use to have and Zellman had met with several companies that
specialize in storage and they say that people make about seven or eight trips per day for
storage and it was not heavily used and was very Iow impact.
Mayor Daly closed the public hearing.
Mayor Daly asked what the time line was beyond this package of entitlements. Director
Stipkovich stated that Community Development had been working on the disposition and
development agreement and she had asked the Council to give Community Development an
extension of at least 60 days. She said Community Development hoped to finalize disposition
and development within the next 60 days and bring that forward to both City Council and
Redevelopment Agency. In the disposition and development agreement, Community
Development would request that they have 60 to 90 days for a final site plan, elevations and
architecture along with artist Richard Turner, who would work with the developer, community
and architect to come up with unique ideas and get the input from west Anaheim as to what
could be put into the center that would create a sense of identity and an area to be proud of.
Mayor Daly noted that the plans had appeared to include heavy landscaping in the parking lot
and the proposal was to include shade trees because of the western-facing nature of the
shopping center. Director Stipkovich stated that the landscaping was not final and Community
Development had their own landscape architect assist in creating a plan that was much more
elaborate than you would see in a typical center. The architect recommended full-grown olive
trees with a mixture of palm trees, she informed, and this would be subject to final plans after
working with the community.
ANAHEIM CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES
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PAGE 13
Director Fick said that he would add directions and comments that would be given to the
landscape architect in preparation of their plans that it was an important aspect and had been
discussed at the Council meeting.
Council Member McCracken mentioned the Brownfield study because of a grant that caused the
City to reclassify the property since the property could not be used for residential. The
community needed to realize that changing the zoning from RM-1000 and RM-1200, which was
residential apartments, could not happen because of the soil. There were lots of conditions that
the developer would have to do, in building on the site, as far as capping or sealing the site, she
noted.
Director Stipkovich stated that there was requirement by the Water Quality Board to put a cap
on the entire landfill and they would also need to put in a methane venting system, in addition to
capping it, since the current system was very old and was not adequate and would need to be
reviewed and approved by a variety of environmental agencies.
Council Member McCracken said that the whole site had to be taken care of and that was one
of the reasons for looking at the piece in the eastern corner of the property. It could not be left
just grass, it would have to be capped and sealed in order to receive the environmental
approvals from the State and County, she explained.
Director Stipkovich said that the entire landfill of approximately 20 acres would need to be done
and it expanded the northerly portion, including the piece to the east.
Council Member McCracken said that in order for the piece of property to ever be used for
anything, the property would need to be capped and sealed and have a methane venting
system. She asked if the people next door to the site would be affected by the methane that
continued to escape from the property. Director Stipkovich noted that the current system was
outdated and Orange County, Air Quality Management District and Water Quality Board had
said that the system needed to be replaced and was long overdue.
Council Member McCracken noted that this should be reassurance for the Buena Park residents
that lived next to a County dump that was not properly vented.
Council Member Kring said that the recreational vehicle and boat storage was a very good use
for the property, sorely needed and would do very well.
Council Member Feldhaus asked if the ingress and egress to the storage units would be off of
Beach Boulevard. Director Stipkovich said that ingress and egress had not been totally
determined and it seemed to her that the logical place would be at the northern part of the
property on Beach Boulevard and would probably be the most direct route into the site. There
would be restrictions on hours of operations and when the exact type of storage was
determined, trip generation estimates would be prepared, she explained, and trip generation
was one of the lowest for this type of land use.
Director Fick added that ingress and egress would be addressed in the final site plan and hours
of operation and specifics would be seen by both Planning Commission and Council.
Council Member Feldhaus asked about the noise of delivery trucks and ingress and egress.
Director Stipkovich said that Community Development had proposed, which was unusual, a ten-
foot high wall and an area that would be planted as well as the existing six-foot wall. She said
ANAHEIM CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES
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PAGE 14
that there would be noise attenuation just from the planting as well as the wall and noise studies
could be done to ascertain if that was adequate. The wall would go around the entire perimeter
of the north and east section, with a four-foot landscaped area with significant trees so that the
trees and the wall would be a good buffer for noise. This would not necessarily be a block wall
because there would be problems putting too much weight on the landfill, she explained.
Mature trees were proposed because they should be seen above the residents' six-foot wall and
Community Development was looking at raising the four-foot area between the two walls about
four-feet up, so it actually started at a four-foot height so the vegetation could be seen in
people's yards, she said.
Mayor Daly said he believed that the City should consider limiting the hours of operation in
relation to the sound generated by the public storage area. Director Stipkovich said that it had
been put into the zoning and Community Development had been working with the developer on
the hours of operation.
In response to Council Member Feldhaus regarding the City's return on investment, Director
Stipkovich stated that the City needed to do something with the land. It needed to be capped
and it would be an extreme expense to cap it, she explained, and the City had to get some
value out of the land in order to help off set those costs.
Mayor Daly asked about the architecture of the shopping center and Director Stipkovich said
there were no pre-set decisions and the developer and his architect would work with the City's
artist, Richard Turner and the community, and Community Development would bring in review
architects to assist. She said it was more about going back out into the community and
receiving their input on architectural style and more of an identity for the project and then
Community Development would look at architecture following community input.
Mayor Daly said that substantial height was called for if this should be referred to as a western
gateway to the City, especially on a busy street such as Beach Boulevard. He said it would be
nice to have something distinctive that really stood apart and would be complimentary to the
west Anaheim area.
Mayor Daly asked about the time line for the architectural details to be brought back and
Director Stipkovich said it would be about 120 days.
Mayor Daly moved, seconded by Council Member McCracken, to approve the Environmental
Impact Report for the West Anaheim Commercial Corridors Redevelopment Project and
Addendum and Mitigation Monitoring Plan No. 119. Council Member Tait abstained. Motion
carried.
Mayor Daly offered Resolution Nos. 2002R-231, 2002R-232, 2002R-233 and 2002R-234 for
adoption.
RESOLUTION NO.: 2002R-231 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE
ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO.
2002-00405, EXHIBIT "A".
RESOLUTION NO.: 2002R-232 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM FINDING AND DETERMING THAT THE ZONING MAP
REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE
T '% f '
ANAHEIM CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES
NOVEMBER 5, 2002
PAGE 15
AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE
CHANGED. (RECLASSIFICATION NO. 2002-00081)
RESOLUTION NO.: 2002R-233 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2002-04603.
RESOLUTION NO.: 2002R-234 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM FINDING AND DETEMINING THAT THE PUBLIC
CONVENIENCE OR NECESSITY NO. 2002-00008 WOULD BE SERVED BY THE
ISSUANCE OF AN ALOCHOLIC BEVERAGE CONTROL LICENSE FOR THE
PREMISE LOCATED AT 200 TO 328 NORTH BEACH BOULEVARD AND 2951 TO
2961 WEST LINCOLN AVENUE.
Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus and Kring.
Noes - 0. Abstain - 1, Council Member Tait. Motion carried.
Report on Closed Session Actions:
Mayor Daly announced that the Council had completed performance reviews of the City
Manager, City Attorney, City Treasurer and City Clerk. Mayor Daly moved, seconded by
Council Member Feldhaus, to approve a 3.5 percent merit increase for the four Council
Appointees.
Roll call vote: Ayes - 3, Mayor Daly and Council Members Feldhaus and Tait. Noes - 2,
Council Members McCracken and Kring. Motion carried.
Council Communications:
Council Member McCracken commented on the parade to celebrate Angels' victory.
Adjournment:
There being no further business to come before the City Council, Mayor Daly adjourned the
meeting at 7:29 P.M.
Respectfully submitted:
~ i' .....
Sheryll Schroeder, CMC/AAE
City Clerk