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1993/07/27C£ty H&ll~ An&he~, C&lifoz'ni& - COUNCIL NI~S - JF..,Y 27, 1993 - 5:00 The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich ZONING ADMINISTRATOR: Annika Santalahti ZONING DIVISION MANAGER: Greg Hastings A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:30 p.m. on July 23, 1993 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly announced that the scheduled 3:00 p.m. workshop is cancelled and will be rescheduled to another date. RECESS - 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: Jones vs. City of Anaheim et al., Orange County Superior Court Case No. 65-65-69. b. To meet with and give directions to its authorized representative regarding labor relations matters - Government Code Section 54957.6. c. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. d. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(b) (1). e. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager, or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in closed session. MOTION: On motion by Council Member Daly, seconded by Council Member Pickler, the City Council by unanimous vote of the members present waived the applicable agenda posting requirements pursuant to Government Code Section 54954.2(b) (2) and added the following matter to the closed session portion of the City Council agenda upon a finding that the need to consider and possibly act upon such matters arose subsequent to the agenda being posted: f. Guillory v. City of Anaheim, United States District Court Case No. CV 85-2838 RG (Kx). RECESS: By General Consent, the Council recessed into Closed Session. (approximately 3: 12 p.m. ) 527 C£t¥ Hall~ ~:~ahe£m~ Cal£forn£& - COUNCIL NINUT~$ - JULY 27~ 1993 - 5:00 P.M. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:16 p.m. ). INVOCATION: Mayor Daly asked that a moment of silence be observed in memory of Chief of Police, Joseph Molloy who passed away suddenly at his office at Police Headquarters this morning. Chief Molloy was the consummate professional and was very devoted to his job, community and family. The City is very saddened. Chief Molloy will be missed. FLAG SALUTE: Mayor Pro Tern Bob Simpson led the assembly in the Pledge of Allegiance to the Flag. 119: DECLARATIONS OF RECOGNITION: Declarations of Recognition were unanimously adopted by the City Council and presented to Wayne Casey and Karl Kreutziger. Both men entered a burning house on May 21, 1993 in a selfless attempt to search for victims as a result of which Marie Wallis was saved from serious injury. Mrs. Wallis was also present in the Council Chamber today. Mayor Daly and Council Members personally commended Wayne and Karl for their unselfish act of heroism; Fire Operations Chief, Bob Hirst also expressed the commendation of the Fire Department. The efforts made by the gentlemen enabled the Fire Department to concentrate on extinguishing the fire thereby minimizing the damage. 119: PRESENTATION - $500 GRAFFITI REWARD CHECKS: Mayor Daly announced that five, $500 graffiti reward checks are to be presented today to Richard Milligan, Bob Geidry, John Gibson, Thomas Aquino, Michael Provost, by Mr. John Poole, the City's Code Enforcement Manager and Carolyn Griebe, the City's Graffiti Consultant. John Poole, Code Enforcement Manager. He is very pleased to have the five individuals before the Council tonight. In the last few weeks, there has been a reduction in graffiti incidents. He believes the reason Anaheim has less of a problem than other communities is that Anaheim citizens get involved - people like the individuals who are present today; Carolyn Griebe. She presented the $500 checks to the five recipients which is a reward for information they provided leading to the arrest and conviction of those accused of graffiti vandalism. Several other people are receiving their checks unanimously as well. Since the program began in 1989, forty-five $500 checks have been awarded. Mayor Daly and Council Members congratulated the recipients. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,411,744.37 for the period ending July 23, 1993, in accordance with the 1992-93 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency, Housing Authority and Public Financing Authority meetings. (5:27 p.m.) Mayor Daly reconvened the City Council meeting. (5:36 p.m. ) ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. PUBLIC COMMENTS - AGENDA ITEMS: Public input received on Item All (see discussion under that item). 528 C£t¥ Hall, Anahe~a, Cal£forn£a - COUNCIL NINUT~$ - JULY 27, 1993 - 5:00 P.M. MOTION: Council Member Pickler moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of July 27, 1993. Council Member Simpson seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Pickler, seconded by Council Member Simpson, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Council Member Pickler offered Resolution No. 93R-160 for adoption. Refer to Resolution Book. Al. 118: The following claims were filed against the City and action taken as recommended: ~ Claims rejected and referred to Risk Management: a. Claim submitted by Susan Darshay for bodily injury sustained purportedly due to actions of the City on or about April 1, 1993. b. Claim submitted by Michael Weldon Houghtaling, c/o Steven M. Hanna, esq., for bodily injury sustained purportedly due to actions of the City on or about December 27, 1992. c. Claim submitted by Regina Marx for bodily injury sustained purportedly due to actions of the City on or about April 14, 1993. d. Claim submitted by Jameson T. Woodruff, c/o George J. Mankiewicz, esq., for bodily injury sustained purportedly due to actions of the City on or about March 6, 1993. e. Claim submitted by Mr. & Mrs. John A. chen for property damage sustained purportedly due to actions of the City on or about October 1, 1992 through May 31, 1993. f. Claim submitted by Emma Vega for property damage sustained purportedly due to actions of the City on or about May 25, 1993. g. Claim submitted by Raul Ortega Mejia for property damage sustained purportedly due to actions of the City on or about May 31, 1993. h. Claim submitted by Senthil N. Kumar for property damage sustained purportedly due to actions of the City on or about May 12, 1993. i. Claim submitted by Jim Flahive for property damage sustained purportedly due to actions of the City on or about June 17, 1993. j. Claim submitted by Julia Davenport, c/o Robert J. Curtis, esq., for bodily injury sustained purportedly due to actions of the City on or about April 25, 1993. k. Claim submitted by Lawrence Brogdon for bodily injury sustained purportedly due to actions of the City on or about June 14, 1993. 1. Claim submitted by Vickie Lynn Gates for property damage sustained purportedly due to actions of the City on or about May 12, 1993. 529 C£t¥ Hall~ Anahe~m~ Cal£forn£a - COUNCIL NINUTE$ - ~ULY 27~ 1993 - ~:00 P.N. m. Claim submitted by Aha Brook Animal Hospital, attn: Sarah Burguan, for property damage sustained purportedly due to actions of the City on or about June 27, 1993. n. Claim submitted by Eugene & Nadine Leyton for property damage sustained purportedly due to actions of the City on or about April 7, 1993. o. Claim submitted by Francisco J. Martinez for bodily injury sustained purportedly due to actions of the City on or about February 28, 1993. p. Claim submitted by Aristeo Aguilera, Jr. for property damage sustained purportedly due to actions of the City on or about June 24, 1993. A2. 123: Approving the Second Amendment to the Agreement with King Pump & Dewatering Corporation, in the amount 'of $300,000 for dewatering services, and authorize the City Manager to execute said contract with authorization for one additional renewal. A3. 123: Approving a Cooperative Agreement with the City of Fullerton to reimburse Anaheim for 33-1/3 percent of consultant services to coordinate the SR-91 HOV Freeway improvement project. A4. 169: Approving a Notice of Completion of the construction of State College Boulevard Street Improvements from Via Burton Street to Romneya Drive by R.J. Noble Company, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A5. 123: Accepting the low bid of Artistic Maintenance, Inc., in an amount not to exceed $63,811.00 for landscape maintenance at all Anaheim Water Utility properties, in accordance with Bid No. 5163, for a two year period beginning August 1, 1993. A6. 123: Accepting the low bid of Artistic Maintenance, Inc., in an amount not to exceed $15,703 for landscape maintenance at all Anaheim Electric Utility properties, in accordance with Bid No. 5164, for a two year period beginning August 1, 1993. A7. 123: Accepting the low bid of Kim & Bill's Transportation, in the amount of $142,564.48 per year, for buspool service from the Riverside and Chino/Yorba Linda areas, in accordance with Bid No. 5160, and authorizing execution of a contract for four years with one year optional extension. A8. 123: Approving the Third Amendment to the Agreement with ARA Services authorizing ARA to continue to provide food service at the Anaheim Convention Center. Mayor Daly. There was a question in terms of renewing the contract where the language read that the City was obliged to attempt to negotiate with the current provider, ARA. With this new agreement, which he understands is for five years but could be terminated after three, he would like clarification if there is any language where they would negotiate first with the incumbent or is it different than the previous contract. City Attorney White. To the extent that there is language in the current ARA Agreement, they have fulfilled their obligation under that language. The City Council legally is not obligated to enter into a contract with anyone. It is up to the Council. He does not believe that there is similar language in the 530 C£tv Hal!~ Anahe£m~ Californ£a = COUNCIL #INIFfE$ - JULY 27e 1993 - 5:00 P.M. new agreement. This will not be an issue the next time it comes up which will be either in 3 years, if the City chooses to exercise the option to terminate in three years, or at the end of the five-year term. He confirmed there is no obligation to first negotiate with ARA. Council Member Simpson. He asked if that is true of all their food service contracts. City Attorney White. If Council Member Simpson is talking about existing contracts with Ogden at the Stadium, he will have to look at those. If there is similar language, there is no legal obligation to extend those contracts. One of the goals was at the end of three years to be in a position where they could bid all of those together or bid them separately and have a "cafeteria style" approach or lump them all together. That would be available three years from now. There will be no obligations in any of the agreements at that time which will prohibit the City three years from now from using that type of approach. He further confirmed for Council Member Feldhaus that the Council will be approving a contract that will have a term through January 31 of 1998; however, the City will have the unilateral right at its absolute and sole discretion to terminate the agreement effective as of January 31, 1996 by giving notice to the concessionaire between June 1st of 1995 and September 1st of 1995. That is the window in which notice would need to be given and if given would terminate January 31, 1996. If not given, the contract would continue through January 31, 1998. Ag. 123: Approving an agreement with the Anaheim Union High School District to transfer ownership of a City-owned restroom trailer located at 1800 West Ball Road (Trident Center) to the school district. Al0. 123: Approving the Third Amendment to the Master Consultant Agreements with Anthony and Langford, Willdan and Associates, and Harris and Associates, and the First Amendment to the Master Consultant Agreement with R.J.M. Design Group, Inc., for consultant services on capital projects. All. 123: Approving an agreement for English Today Institute's non-fee use of Ponderosa Neighborhood Center to provide "English as a Second Language" (ESL) classes for community residents. Jeff Kirsch, 2661 W. Palais, Anaheim. He asked if the English Today Institute is a for-profit or non-profit organization. The agreement allows the free use of the community center and to assume responsibility for the facilities. He asked about cost of maintenance, utilities and other operating costs. City Manager Ruth. It is a non-profit organization. There is no staff work involved. A key is issued to open and close and to be responsible for clean-up. There is very minimal cost for utilities only. Al2. 103: RESOLUTION NO. 93R-160: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING EXHIBIT A TO RESOLUTION 89R-23 (REDISTRIBUTION OF PROPERTY TAXES FOR ANNEXATION NO. 275-COAL CANYON. 123: Approving the agreement between the City and Coal Canyon Company for wildland fire protection. A13. 123: Approving the assignment of an agreement for standby ambulance service for all major Stadium events, from Superior Ambulance, Inc., to Laidlaw Medical Transportation Inc. 531 City Hall~ Anahe£m~ California - COUNCIL MINUTES - ,lilLY 27~ 1993 - 5=00 P.M. Al4. 105: Receive and file Golf Advisory Commission'Minutes of the meeting held May 26, 1993. Al5. 184: Reviewing the need for continuing the Proclamation of the existence of a Local Emergency issued by the Director of Emergency Services on January 19, 1993, concerning the Santiago Landslide and Pegasus Landslide in the City of Anaheim, and taking no action to terminate the local emergency at this time. Roll Call Vote on Resolution No. 93R-160 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution No. 93R-160 duly passed and adopted. END OF CONSENT CALENDAR. NOTIONS CARRIED. Al6. 105: BOARDS/COMMISSlONS-APPOINTMENT/REAPPOINTMENT TO TERMS EXPIRING JUNE 30, 1993: This matter was continued from the meeting of June 29, 1993 to this date. Mayor Daly. There are eight separate boards and commissions where reappointments/appointments are necessary to be made. Some of the persons who had been serving no longer wish to serve while others have expressed a desire to be reappointed. At this time, he is going to recommend continuing the Library Board appointments for one week. LIBRARY BOARD - NEW TERMS EXPIRING JUNE 30, 1997 (Dahl, Taylor): MOTION: Council Member Daly moved to continue reappointments/appointments to the Library Board for one week. Council Member Simpson seconded the motion. MOT I ON CARR I ED. BUDGET ADVISORY COMMISSION - NEW TERMS EXPIRING JUNE 30, 1997 (Clark, Kennedy ): Council Member Hunter. He renominated Jimmy Kennedy to serve on the Budget Advisory Commission. Council Member Simpson. Dick Clark has reluctantly resigned from the Budget Advisory Commission to take on duties as president of the Chamber of Commerce. Council Member Simpson thereupon nominated Mary Knoll Benner. MOTION: Council Member Daly moved to approve the reappointment of Jimmy Kennedy and the appointment of Mary Knoll Benner to the Budget Advisory Commission £or the terms expiring June 30, 1997. Council Member Simpson seconded the motion. MOTION CARRIED. COMMUNITY REDEVELOPMENT COMMISSION - NEW TERMS EXPIRING JUNE 30, 1997 (Perreira, Renner): MOTION: Council Member Pickler moved to reappoint both Cheryl Perreira and Doug Renner to the Community Redevelopment Commission for the terms ending June 30, 1997. Council Member Hunter seconded the motion. MOTION CARRIED. COMMUNITY SERVICES BOARD - NEW TERMS EXPIRING JUNE 30, 1997 (Dexter, Tafolla): Mayor Daly. He noted that later on the agenda the Council is accepting the resignation of Steve Staveley from the Community Services Board. With the 532 City Hall, Anaheim, California -COUNCIL MINUTES- JULY 27, 1993 - 5:00 P.M. vacancy created by Mr. Dexter and Staveley there will-then be two vacancies to fill. MOTION: Council Member Pickler moved to reappoint Patricia Tafolla to the Community Services Board and to continue appointment on the Dexter vacancy for one week. Council Member Daly seconded the motion. MOTION CARRIED. HOUSING COMMISSION - NEW TERMS EXPIRING JUNE 30, 1997 (Gold, Patino): MOTION: Council Member Pickler moved to reappoint Marvin Gold and Margaret Patino to the Housing Commission for the new terms expiring June 30, 1997. Council Member Hunter seconded the motion. MOTION CARRIED. PLANNING COMMISSION - NEW TERMS EXPIRING JUNE 30 1997 (Boydstun, Messe): MOTION: Council Member Pickler moved to reappoint Phyllis Boydstun and Robert Messe to the Planning Commission for the terms ending June 30, 1997. Council Member Daly seconded the motion. MOTION CARRIED. PUBLIC UTILITIES BOARD - NEW TERMS EXPIRING JUNE 30, 1997 (Kazarian, Stanton, Wi seman ): MOTION: Council Member Pickler moved to reappoint Bob Kazarian, Dale Stanton and L. Ward Wiseman to the Public Utilities Board for the terms ending June 30, 1997. Council Member Feldhaus seconded the motion. MOTION CARRIED. SENIOR CITIZENS COMMISSION - NEW TERMS EXPIRING JUNE 30, 1996 (Hawley, MacLaren, Sarno): MOTION: Council Member Pickler moved to reappoint George MaClaren and Ralph Sarno to the Senior Citizens Commission for the terms ending June 30, 1996. Council Member Daly seconded the motion. MOTION CARRIED. MOTION: Council Member Daly moved to continue the Hawley vacancy on the Senior Citizens Commission for one week to August 3, 1993. Council Member Simpson seconded the motion. MOTION CARRIED. Al7. 105: RESIGNATION FROM THE COMMUNITY SERVICES BOARD UNSCHEDULED VACANCY: Accepting the resignation of Mr. Steve Staveley and authorizing the City Clerk to post a notice of unscheduled vacancy for the Community Services Board for the Staveley term ending June 30, 1995. MOTION: Council Member Daly moved to accept the resignation with regrets and that the City Clerk post the unscheduled vacancy. Council Member Feldhaus seconded the motion. MOTION CARRIED. thanking him for his dedicated service on the Community Services Board. It was also determined that the appointment to this unscheduled vacancy will be scheduled on the Council agenda of August 10, 1993. ITEMS BI - B4 FROM THE ZONING ADMINISTRATOR ME~ETING OF JULY 8, 1993. INFORMATION ONLY - APPEAL PERIOD ENDS JULY 27, 1993~ B1. 179: VARIANCE NO. 4226, CATEGORICAL EXEMPTION - CLASS 3.' OWNER: Gary & Theresa Samples 1719 West Cris Ave Anaheim 92804 533 C£ty Hall, ~nahe£m, Cal£forn£a - COUNCIL M!NIFTE$ - ~JLY 27, 1993 - 5g00 P.M. AGENT: FRED BRETZ 1719 West Chris Ave Anaheim 92804 LOCATION: 1719 West Cris Ave. Anaheim 92804 north side of Cris Avenue, west of Euclid Street. Waiver of maximum fence height to retain 7-foot high block wall. DENIED VARIANCE - ZA93-41. B2. 179: VARIANCE NO. 4227, CATEGORICAL EXEMPTION - CLASS 3: OWNER: Pinch Chich & Norma S. Wu 567 Peralta Hills Drive, Anaheim 92807 AGENT: Moriumi Shimonura 10601 Morado Drive, Orange CA 92669 LOCATION: 267 Peralta Way 2.3 acres on the west side of Peralta Way Waiver of maximum fence height within required setbacks and yards to construct an 8 foot high wrought iron fence with 9.5 foot high pilasters. GRANTED CATEGORICAL EXEMPTION - CLASS 3 GRANTED VARIANCE NO. 4227 - ZA93-42 B3. 179: VARIANCE NO. 4228, NEGATIVE DECLARATION: OWNER: Northwest Motor Welding 6309 N.E. Columbia Blvd Portland Oregon 97218 AGENT: Direct Manufacturing 3839 East Coronado Street Anaheim 92807 LOCATION: 511 East LaPalma Avenue .94 acre at the northeast corner of Sabina Street and LaPalma Ave. Waiver of minimum number of parking spaces to retain an existing industrial building. GRANTED NEGATIVE DECLARATION GRANTED VARIANCE NO. 4228 - ZA93-43 B4. 179: VARIANCE NO. 4229, NEGATIVE DECLARATION: OWNER: P.Y.B Bldg Corp & Youth Fund of So Calif Yorba Linda CA 92686 Att: Donald F. Jeanson. Trustee LOCATION: 303 West Lincoln Avenue 1.9 acres with frontages on the north side of Lincoln Avenue, and south side of Chartres Street. Waiver of minimum number of parking spaces to expand an existing masonic lodge facility. GRANTED NEGATIVE DECLARATION GRANTED VARIANCE NO. 4229 - ZA93-44 Council Member Feldhaus. He expressed a concern that 374 parkin~ spaces are required and only 124 are being proposed. Questions were posed to staff which were answered by the Zoning Administrator Annika Santalahti. The parking study was provided. Part of the reason the Traffic Engineer concurred relative to parking was that the hours of operation of the lodge are not regular business hours. After additional questions and a brief discussion, Council Member Feldhaus requested a review of the Planning Commission's decision concurred in by Council Member Pickler. Therefore, a public hearing will be scheduled at a later date. END OF ZONING ADMINISTRATOR ITEMS 534 C£t¥ Ha~l~ Anaheim, Cal£forn£a - COUNCIl, MI~S - ~JLY 27, 1993 - 5:00 P.M. B5. 179: REQUEST FOR REHEARING - CONDITIONAL USE PERMIT NO. 3581: Request for rehearing and Declaration of Merit submitted by Floyd L. Farano, on behalf of Anaheim Memorial Hospital, concerning Conditional Use Permit No. 3581, for automotive repair facility at 8205 E. Santa Aha Canyon Road (Pep Boys). MOTION: For purposes of discussion, Mayor Daly moved to approve the request for rehearing. Council Member Simpson seconded the motion. Before a vote was taken, Council Member Hunter moved to deny the request for rehearing. The City Attorney interjected and explained that only one motion can be entertained at a time. Mayor Daly. One concern he has if there is to be another hearing is that a time certain be set which both parties can live with - that they fix a date and not allow any continuances or schedule jockeying and that only new and different evidence be introduced because there has already been an extensive hearing. Council Member Feldhaus. He feels it would be appropriate to ask questions of both parties. The request for the rehearing is open ended with .no date. Council Member Hunter. The Council voted 3 to 2 on June 22, 1993, to bring a Pep Boys to Anaheim Hills. It is something that is needed. There is no such service being provided within a four or five mile radius. It will bring sales tax dollars to the City as well as many jobs. In these days of recession, both the City and the Chamber of Commerce should be working hand in hand to bring business into the City. He cannot believe the Council would be voting for a rehearing and feels that the Chamber should be lined up in support of Pep Boys. The Council should deny the request and let Pep Boys build the facility. They have mitigated all of the concerns that could possibly be mitigated. City Attorney White. If there is a rehearing, it would be a new hearing and all evidence presented fresh to the Council. It is incumbent upon both parties to present their case as a new case. Council Member Feldhaus. He does not think he is ready to agree to a whole new rehearing but would be willing to hear any additional evidence. City Attorney White. There is no mechanism that allows the Council to do that. The declaration that was prepared and submitted requesting the rehearing, the summary of what the evidence relates to is petroleum product spills and hazardous materials from other sites. If the Council wants that expanded upon at this time, he does not have a legal problem in having the applicant come forward. Floyd Farano, Attorney representing Anaheim Memorial Hospital, Farano and Kieviet, 2100 S. State College Blvd., Anaheim. During the last hearing, a man named Gary Carlin alluded to the potential of environmental spills having taken place by various Pep Boys stores and various citations issued in Southern California. Because of the difficulty in obtaining that information, it was not available to them at that time and could not have been available. They learned the depth of that information and those occurrences after the past hearing. It is that information they want to bring to the Council's attention. It involves serious environmental questions and problems that may 535 C_it¥ Hall, Anaheim, California - COUNCIL MINUTES - JULY 27, 1993 - 5:00 P.M. be created by the facility and have been created at other locations. He respectfully requests that the hearing take place on August-24, if the Council votes in favor. He will be in Texas taking the bar exam on August 17, 1993 (the date which staff indicated would be sufficient allowing for noticing and advertising of the public hearing). Secondly, the recovery of the information is extremely complicated and expensive. They were told it will take approximately 3 weeks to recover that information. A1 Meloro, National Director, Site Development, Pep Boys. It seems to him that Mr. Farano would have had enough time to gather his information since the original hearing was postponed from May 18 and then held on June 22, 1993. By then, Mr. Farano should have had the information. Today is ten weeks from when the meeting was first postponed. He reiterated he feels Mr. Farano had sufficient time to gather the information unless after he was denied at the June 22, 1993 hearing, he wanted to turn over some rocks. He requested that the Council deny the request for a rehearing on the basis that the Planning Commission approved the project as well as staff and the Council. He cannot be present for a hearing on August 24, 1993, but could, if necessary, come on August 17. City Attorney White. He asked a question of Mr. Meloro. Would Pep Boys, if a rehearing is granted, be willing to stipulate that only evidence taken at the rehearing would relate to the new grounds being submitted by the hospital to avoid having a rehearing on all the other evidence. Would Mr. Meloro agree to limiting any hearing, if it is granted, to only the new issue that is being raised. A1 Meloro. They have a right to rehear the whole case. He would like to have the whole case heard. Mayor Daly. There is a motion and second to allow a rehearing. If granted, a decision must be made on a date. He asked if it was possible to hold a rehearing on August 10, 1993; City Clerk Sohl. A public hearing on that date would just barely allow enough time for proper and legal notification. City Attorney White. He noted that Mr. Farano stated the results of what he is planning to present would not be available until August 17. Floyd Farano. Answering Council Member Pickler, he stated he cannot represent to the Council that it will be possible to have the information available by August 10. He talked to the environmental engineer on Monday who told him it would take approximately 3 weeks. He did not ask if it could be done any sooner. His impression is that the information comes from a number of agencies. He will try but he cannot say he will have what he needs prepared by August 10. Further discussion followed between Council Members, Mr. Farano and Mr. Meloro regarding a possible date for a rehearing. Council Member Pickler stated he would consent to a rehearing if it is heard on August 10. The Council should make the determination on when the hearing is to be held. Mr. Meloro stated that August 10 was acceptable to him, but expressed his displeasure with the fact that Mr. Farano is just starting to gather information he says he needs for a rehearing and thus questions if a rehearing is really necessary. City Attorney White. If the rehearing is granted, the Council will be doing so because they are making a finding that there was a lack of due process and unfairness to the hospital in the last hearing. He then explained the problems that would arise should the rehearing be granted and setting a 536 C£t¥ Hall~ Anahe~a~ Cal£forn£a - COUNCIL MINIFTES - ~YLY 27~ 1993 - 5:00 P.M. specific date but if the attorney for the hospital is not Prepared at that time, it would be incumbent upon the Council to grant an additional period of time. Answering the Mayor, what he would recommend is that the Council set August 24 as the date for the rehearing unless a representative from Pep Boys is able to articulate a reason why he is unable to attend. If the hearing is unable to be held on August 24, they may want to look at a date in September, the first available date being September 14, since the Council is not scheduled to meet on August 31 and September 7. Council Member Pickler asked relative to lack of fairness, is it lack of fairness on the applicant if they do not have a rehearing. City Attorney White. The Council is going to decide if there was a lack of fairness in the last hearing. The Council may decide there was no unfairness and deny the rehearing. He is only indicating if they vote for the rehearing, by doing so, implicit in the decision is the finding there was unfairness. Council Member Pickler asked if Mr. Farano would be ready by August 10; Mr. Farano answered no. MOTION: Council Member Daly moved to approve the request for rehearing with no date attached. Council Member Simpson seconded the motion. Before a vote was taken, Council Member Pickler stated having a date attached to the motion will have a bearing on the way he votes. He will not go out to August 24. Mayor Daly thereupon called for the question on the motion which he made seconded by Council Member Simpson to approve the request for a rehearing only. The motion failed to carry by the followinq vote: AYES: NOES: Simpson, Daly Feldhaus, Hunter, Pickler The request for a rehearing on Conditional Use Permit No. 3581 requested by Anaheim Memorial Hospital was thereupon denied. B6/B7. 155: REQUEST FOR REHEARING - THE DISNEYLAND RESORT -ENVIRONMENTAL IMPACT REPORT NO. 311; GENERAL PLAN AMENDMENT NO. 331; THE DISNEYLAND R~.SORT SPECIFIC PLAN NO. 92-1 (INCLUDING ZONING AND DEVELOPMENT STANDARDS, A DESIGN PLAN AND CUID~LINE~ AND A PUBLIC FACILITI~ PLAN) ~ AND ANAgm. IM O0MM~ROIAL RECREATION AREA MAXIMUM PERMITTED STRUCTURAL HEIGHT ORDINANCE: To consider a request dated July 16, 1993 from the Anaheim City School District for a rehearing of the Disneyland Resort submitted by John E. Brown, Best, Best & Krieger, 400 Mission Square, Riverside, CA 92502-1028. MOTION: Council Member Hunter moved to deny the request for a rehearing submitted by the Anaheim City School District on the Disneyland Resort from John E. Brown, Best, Best & Krieger. Council Member Simpson seconded the mot ion. MOTION CARRIED. To consider a request dated July 16, 1993 from the Anaheim Union High School District for a rehearing of the Disneyland Resort submitted by John E. Brown, Best, Best & Krieger. 537 C£t¥ Hall~ Anahe~a~ Cal£forn£a - COUNCIL NI~S - ~ULY 27~ 1993 - 5:00 P.M. City Clerk Sohl announced that letter dated July 22, 1993 has been received from Best, Best & Krieger withdrawing their request for a rehearing on the Disneyland Resort submitted on behalf of the Anaheim Union High School District. MOTION: Council Member Pickler moved to permit withdrawal of the request for rehearing on the Disneyland Resort submitted by John E. Brown, Best, Best & Krieger on behalf of the Anaheim Union High School District. Council Member Feldhaus seconded the motion. MOTION CARRIED. B8. 179: REQUEST FOR EXTENSION OF TIME - CONDITIONAL USE PERMIT NO. 3390: REQUESTED BY: Dwyer J. Beesley, 125 N. Gilbert $206, Anaheim, CA 92801 The property is located at 209 N. Gilbert Street and the petitioner is requesting an extension of time retroactive to May 21, 1993 and to expire May 21, 1994 to comply with conditions of approval. Conditional Use Permit is for the construction of a 9-unit affordable senior citizens apartment complex with waivers of minimum building site area per dwelling unit, maximum structural height, minimum structural setback from the street, and minimum setback to single family residential zoning. This item was carried forward from the meeting of July 20, 1993 to this date, due to a tie vote on July 20. Council Member Hunter moved to approve the requested extension of time on Conditional Use Permit 3390 retroactive to May 21, 1993 to expire May 21, 1994. Council Member Feldhaus seconded the motion. Before a vote was taken, City Attorney White asked if the motion includes all of the additional conditions referred to in the July 13 staff report that relates to the code requirements that have been adopted since the date the project was originally approved. Council Member Hunter thereupon incorporated the additional conditions in staff report dated July 13, 1993 as part of his motion to approve the requested extension of time. Mayor Daly. He is going to vote against the extension which would be consistent with his previous votes. council Member Pickler. He has no problem with the project, but if it is approved there are five or six other single-family residences in the immediate ar0a that will go to tho s~amo typ~ pr~joet. It will inundato ~ho aroa. Traffic and circulation is unbearable even at this time. Miriam Kaywood, Anaheim resident. The street is not only being inundated but the project calls for four major waivers. Ail over the City, senior citizen buildings are sitting vacant. People cannot afford $500, $600 or $700 for a one-bedroom apartment. The need is to keep the City where it is liveable. A vote was then taken on the foreqoing motion as amended: AYES .. NOES: Feldhaus, Hunter, Simpson Pickler, Daly AFTER RECESS: Chairman Daly reconvened the Anaheim Redevelopment Agency. (6:30 p.m.) 538 Hall, Anahe:L~ Cal£fornia - COUNCIL MINUTES - JULY 27~ 1993 - 5:00 P.M. D1. 161: CONTINUED JOINT PUBLIC HEARING - REDEVELopMENT AGENCY/CITY COUNCIL: To consider the proposed allocation of public funds for the purpose of paying all or part of the value of the land for, and the cost of the installation and construction of, certain buildings and other public improvements to be jointly owned by the City and the Agency, to wit, City Hall West and appurtenant improvements, pursuant to the Cooperation Agreement, as amended, by and between the City and the Agency (the "Agreement"). The purpose of the joint public hearing is to receive testimony from the public regarding the proposed expenditure of Agency funds. Public Hearing continued from the meetings of July 13, and July 20, 1993 to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - June 29 and July 6, 1993 RESOLUTION NO. (REDEV) ..... : Making certain findings with respect to City Hall West. RESOLUTION NO. (REDEV) ..... : Approving First Amendment of Cooperation Agreement for City Hall West. RESOLUTION NO. (REDEV} ..... : Approving the Co-Tenancy Agreement for City Hall West. RESOLUTION NO. (COUNCIL) ..... : Making certain findings with respect to City Hall West. RESOLUTION NO. (COUNCIL} ..... : Approving First Amendment of Cooperation Agreement for City Hall West. RESOLUTION NO. {COUNCIL) ..... : Approving the Co-Tenancy Agreement for City Hall West. City Clerk Lee Sohl. She announced that the intent of staff is to withdraw the first public hearing and reschedule it at a later date. Lisa Stipkovich, Executive Director of Community Development. The reason for requesting a rescheduling of the subject public hearing, after consultation with Bond Counsel, they would like to restructure part of the deal which will necessitate renoticing of the public hearing and resubmitting the matter again as an agenda item in the future. MOTION: Agency/Council Member Daly moved that this item be removed from the Agenda at the request of staff. Agency/Council Member Simpson seconded the mot ion. MOTION CARRIED. Before adjourning the Redevelopment Agency, the Graphics Program for Anaheim Plaza was again before the City Council for a decision. (See Public Hearing, Item D2 of July 27, 1993, City Council meeting.) At the conclusion of the public hearing before the City Council wherein the Graphics Program was approved with certain amendments (see Item D2, 7-27-93), the Redevelopment Agency meeting by general Agency consensus was adjourned. (6:55 p.m.) SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS: 539 C£ty Hall, ~nahe£m, Cal£forn£a - COUNCIL NI~S - ~ULY 27, 1993 - 5:00 P.M. The City Attorney announced that it is appropriate at this time for all those intending to testify at any or all of the public hearings including staff be sworn in at this time. Those testifying were requested to stand by the City Clerk and asked to raise their right hand. The oath was then given. D2. 155: CONTINUED PUBLIC HEARING - FINAL SUPPLEMENTAL EIR NO. 316, RECLASSIFICATION NO. 92-93-05, WAIVER OF CODE REQUIREMENT, CONDITIONAL. USE PERMIT NO. 3566: OWNER: California State Teachers' Retirement System, a Public Entity, 7667 Folsom Boulevard, Sacramento, CA 95826 AGENT: O'Connor Realty Advisors, Inc., Attn: Mike Strle, Vice President, 11601 Wilshire Boulevard, Los Angeles, CA 90025 Donahue Schriber, 3501 Jamboree Road, Ste. 300, Attn: Brad Deck, Vice President, Development, South Tower, Newport Beach, CA 92660 LOCATION: 444-600 North Euclid Street. Property consists of two irregularly-shaped parcels of land: Parcel 1 consists of approximately 38.25 acres bounded on the north by Crescent Avenue, on the east by Loara Street, on the south by the Santa Ana Freeway (Interstate 5), and on the west by Euclid Street (Anaheim Plaza). Parcel 2 consists of approximately 8.82 acres located at the northeast corner of Crescent Avenue and Euclid Street, having approximate frontages of 620 feet on the north side of Crescent Avenue and 640 feet on the east side of Euclid Street. To consider certification of Supplemental Environmental Impact Report No. 316 (Anaheim Plaza Project). To reclassify subject property (Parcel 1) from CG (Commercial, General) to CL (Commercial, Limited). To permit the phased construction of a commercial retail center with an indoor entertainment facility, an automotive repair and parts installation facility in conjunction with a major retail tenant, semi- enclosed restaurants (outdoor dining/food court), and an auditorium/community meeting room with waiver of minimum structural setback abutting an arterial highway, permitted encroachment into required yard areas, landscaping of required yards, parking lot landscaping, maximum sign area, maximum number of freestanding signs, maximum area of freestanding signs, minimum distance between freestanding signs and/or roof signs, maximum height of freestanding signs, maximum number of roof signs, maximum area of roof signs, maximum height of roof signs and maximum height of illuminated roof signs. ACTION TAKEN BY THE PLANNING COMMISSION: Final Supplemental EIR NO. 316 CERTIFIED Reclassification No. 92-93-05 GRANTED, UNCONDITIONALLY (PC93-72) (4 yes votes, 2 abstained, and 1 absent). CUP NO. 3566 GRANTED (PC93-73) . DEVELOPMENT AGREEMENT NO. 93-01 CONTINUED to the Planning Commission meeting of July 26, 1993. Appealed by the agent, Donahue Schriber. Set for City Council public hearing this date (See Item D2). This item was continued from the meeting of July 20, 1993 to this date. City Attorney White explained that the public hearing portion had previously been closed at the meeting of July 20, 1993. However, the Council and Agency can address questions to the agent for the applicant or anyone else. The 540 C£t¥ Hallr .~tnahe£~_, C&l£forn£a - COUNCIL NINIFTES - ~ULY 27, 1993 - 5:00 P.~4. public hearing portion should not be reopened. Other members of the public could have been misled they would have been given an opportunity to testify. Lisa Stipkovich, Executive Director of Community Development. There was a question raised last week regarding fast food uses and she responded that any fast food uses would require a CUP. She needs to correct that - drive thru fast food uses would require a CUP. However, fast food uses would be permitted as related uses. She has discussed with the O'Connor Group and Donahue Schriber imposing restrictions specifically on pads A, B and C - the pads directly along Euclid on the southern portion. They are willing to restrict fast food uses on that area which he believes the Mayor's question was implying. That might be an additional condition of approval of the entitlements, that there be no fast food uses on pads A, B and C. There could be sit down or other retail uses but nothing dealing with' fast food. Other than that, fast food is allowed in the food court or in the northerly pads. Last week, there were also questions raised by Mr. Jeff Kirsch regarding solid waste and traffic problems in regard to the EIR. She has a statement she would like to pass out to the Council. Both issues were reviewed and discussed in the EIR. She read the response into the record (Response to Public Comments - Final EIR for Anaheim Plaza Project - made a part of the record). The final paragraph stated, "The comments raised no additional issues of significant impact which were not addressed in the EIR, and no additional environmental documentation for the project is required in response to these comments". Mayor Daly asked if she was suggesting that they incorporate the language regarding prohibition of fast food uses on pads A, B and C; Mrs. Stipkovich answered that it be a condition of approval. Mayor Daly asked how many garage bays are proposed at Walmart. Mrs. Stipkovich. To her knowledge, they have not been able to get an exact number. They will be seeing the project again at the design development stage and even after the construction drawing stage it will come back to the Redevelopment Agency. Brad Deck, Donahue Schriber. He believes there will be six service bays for the Walmart Building intended for automotive use. The bays face south towards the freeway and it is proposed that they be screened. He clarified it is a condition that was imposed as a planning condition. They will be screened from Loara as well as the freeway. People will be able to access Walmart from Loara and then into the service bays. During further questioning, Mr. Deck reported that to the best of his kn0wled~e, all retail automotive sales will 0ccur inside the facility. The service bays are strictly for service and not retail sales. He does not know if they restrict against selling in service bays. Service bays are for work to be done by Walmart employees on customer cars, not by customers on their own cars. Mayor Daly. He saw a newspaper story about a new Walmart design, one that is environmentally sensitive with solar panels, etc. He asked if Mr. Deck had an idea which type of Walmart is planned for the site. Brad Deck. It will be a traditional Walmart store. The store the Mayor is referring to is being tested and whether or not they are planning to incorporate some of those technologies in the plaza Walmart building, he 541 C4ty Hallf Anahe4mr Cal£forn£a - COUNCIL MINUTES - 01JL¥ 27r 1993 - 5~00 P.M. cannot say. It would not affect the site plan. This is their standard prototype building. It is designed for future expansion so they could add 30,000 square feet of in store building space. Relative to the additional anchor stores, Mrs. Stipkovich stated she would hope after the Walmart deal is signed, they will be able to make announcements on the others shortly thereafter, she would think within the next 3 months. Brad Deck. Mervyns is committed to stay in the project. On the other two anchor stores (25,000 square foot stores), they are about 99% of the way through lease documents with those stores. He believes they will be in a position to make an announcement in 30 days. Relative to the development to the north, they are looking at a number of different concepts. There is interest from two supermarkets and three or four promotional type tenants that would range in size from 25,000 to 40,000 square feet. They are trying to figure out the most desirable tenant mix and which tenants have a high level of interest that they can commit to a lease. Mayor Daly. Relative to pads D and E in the front of the neighborhood center, one looks like a drive-thru possibility. He asked if there was a chance that both could be drive-thru fast food. Brad Deck. There is a chance that both could be and current thinking is they would like to accommodate a fast food user on the corner and either a retail building or a financial service center, savings & loan, bank branch or whatever on the other parcel (pad E). Lisa Stipkovich. The site plan they are approving as the Agency and the Council, if there are any significant deviations, it would require another approval by the Agency. Any major modifications to the site plan would come back for Agency approval. Mayor Daly. There was a person who earlier expressed an interest in speaking. He asked the City Attorney if he was comfortable with additional public testimony. City Attorney White. He is not sure he would be comfortable in reopening the hearing, but he believes Mr. Bob Kazarian indicated a desire to speak. The Council may wish to ask a question of him as a Public Utilities Board Member. Mayor Daly called upon Mr. Kazarian. Bob Kazarian, 1463 Westmont Drive, immediately west of the Anaheim Plaza Shopping Mall. For the past several years, the neighboring residents have watched the mall decay and lose its luster to compete. At one time it was a ~reat place to shop with a ~ood variety of stores. He commended the Redevelopment staff and Agency for moving the redevelopment of the plaza forward. They have the best redevelopment plan they can get. However, together with many of his neighbors, he has a concern about traffic on Westmont. It is a short street that runs east and west between West Street and Loara. It serves as the ingress and egress to a single-family residential area. They are proud of their homes and a desire to maintain their residential atmosphere. The street currently carries more traffic than they would like. It is used as a shortcut to Euclid. There are other east/west streets better able to handle the capacity they have at present. He has petitions signed by some of the neighbors which he would like to submit. He is requesting that the City Council instruct the City Traffic Engineer to make a study of the traffic situation in and around Westmont Drive and develop a 542 C£t¥ Hall~ Anah~£m~ Cal£~orn£a - COUNCIL MINIFTE$ - JULY 27~ 1993 - 5~00 P.M. plan along with the redevelopment of the shopping center to restrict the traffic using the street and possibly even consider a method to close off Westmont at Loara. Mayor Daly. He asked for clarification if Mr. Kazarian was requesting that the City Traffic Engineering staff evaluate the potential of closure and report back to the City Council at some future date. Bob Kazarian. Not necessarily a closure, just a method to restrict traffic flow on Westmont to stop shortcut traffic that goes to Euclid through the area. Mayor Daly. Staff has suggested an additional condition on the conditional use permit that would prohibit fast food on pads A, B and C on the east side of Euclid on the west side of the Anaheim Plaza project. Mayor Daly. He asked Mrs. Stipkovich if she would see to it that the necessary analysis is done regarding the closure of Westmont and a report prepared; Lisa Stipkovich. She will coordinate that with the City Traffic Department. Council Member Pickler. It is his understanding that they are just going to look at the possibility at this time; Lisa Stipkovich. They will come back with an analysis. MOTION: On motion by Council Member Pickler, seconded by Council Member Simpson the City Council certified Final Supplemental EIR No. 316 as being in compliance with the California Environmental Quality Act and adopting a Statement of Overriding Considerations and a Mitigation Monitoring Program. MOTION CARRIED. Council Member Pickler offered Resolution No. 93R-161 for adoption, approving Reclassification No. 92-93-05, subject to City Planning Commission's conditions and amendments and offering Resolution No. 93R-162 for adoption, granting Conditional Use Permit No. 3566, prohibiting fast food on pads, A, B and C. Refer to Resolution Book. RESOLUTION NO. 93R-161: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. RESOLUTION NO. 93R-162: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITION;iL USE PERMIT NO. 3566. vote., ,o.n l~es0~ut~0n Nos. 951;-161 and ~;~R-~6~ ~or adopt~on~ AYES: COUNCIL MEMBERS: Feldhaus, Pickler, Simpson, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Hunter The Mayor declared Resolution Nos. 93R-161 and 93R-162 duly passed and adopted. By General Consent the Anaheim Redevelopment Agency was reconvened. GRAPHICS PROGRAM- ANAHEIM PLAZA: 543 City llall, Anahe£a, Ca].£fornia - COUNCIT~ MX~$ = JU~Y 27, 1993 - 5:00 P.M. Chairman/Mayor Daly. The Agency/Council heard a presentation on the Graphics Program last week. The signage is very striking and should result in a 1 andmark project. MOTION: Agency/Council Member Simpson moved to approve the Graphics Program for Anaheim Plaza submitted as conditioned by the Community Redevelopment Commission. Agency/Council Member Pickler seconded the motion. Before a vote was taken, City Clerk Sohl asked for clarification that the Graphics Program is being approved as it was proposed at the last meeting with the three clarifications brought forward by Simon Andrews of Graphics Solutions as outlined in letter dated July 20, 1993 to the City Clerk, re: Anaheim Plaza/CUP 3566/Appeal of Approvals related to the Graphics Program which was made a part of the record; Agency/Council Member Simpson answered yes. A vote was then taken on the motion to approve the Graphics Program, including the three clarifications as articulated at the meeting of July 20, 1993: AYES: COUNCIL MEMBERS: Feldhaus, Pickler, Simpson, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Hunter ADJOURNMENT: The Anaheim Redevelopment Agency meeting was adjourned. (6:55 p.m.) D3. PUBLIC HEARING RECLASSIFICATION NO. 92-93-08, CONDITIONAL USE PERMIT NO. 3603 AND NEGATIVE DECLARATION: OWNER: Pierce Cranstoun Ommanney, Mary Fifield Ommanney, 1019 W. La Palma Avenue, Anaheim, CA 92801 AGENT: Denny Muth, 373 N. Center Street, Orange, CA 92666 LOCATION/REQUEST: The property is located at 1019 West La Palma Avenue and is approximately 0.56 of an acre located at the northwest corner of La Palma Avenue and Leisure Court. The request is to reclassify the subject property from the RS-A-43,000 (Residential/Agricultural) and CL (Commercial, Limited) Zones to the CO (Commercial Office and Professional) Zone. The Conditional Use is to permit a 2,548-square foot, 24-hour, residential recovery home within an existing office building and in conjunction with a previously approved remedial educational/ vocational facility. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 92-93-08 GRANTED (PC93-66) (6 yes votes, I no vote). CUP NO. 3603 GRANTED, for 2 years (to expire 6/14/95) (PC93-67) (4 yes votes, 3 no votes). Approved Negative Declaration. HEARING SET ON: The decision of the Planning Commission was appealed by Carol Larson, Sunshine Nursery School and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - July 15, 1993 Mailing to property owners within 300 feet - July 12, 1993 Posting of property - July 12, 1993 PLANNING STAFF INPUT: See staff report to the Planning Commission dated June 14, 1993. 544 City Hall, Anaheim, California - COUNCIL MINUTES - JULY 27, 1993 - 5:00 P.M. Greg Hastings, Zoning Division Manager. He briefed the proposal as outlined in the staff report and clarified for the Council that there will be a total of 19 maximum in the recovery home including what would be a caretaker. The City Attorney then outlined the format to be used for the public hearing. Mayor Daly. Because the item was appealed from the Planning Commission to the City Council, this is a brand new public hearing. He would encourage a spokesperson from each side to speak for those in favor or against with a ten minute time limit for each side. He asked to hear from the applicant. Dr. Mary Ommanney, Psychological Guidance Center, 1019 W. La Palma, Anaheim. She came to the meeting last week to get recommendations on how to present their information. She was told they could provide a written letter to ask for a continuation because they have not been able to get their presentation together. They are asking for a continuation on the CUP but for the item of zoning (reclassification) to be considered separately. Mayor Daly asked if a letter has been received asking for a continuance of the public hear ing. Dr. Ommanney. She was told by someone in the City Clerk's Office that it was not possible to do so in writing. City Clerk Leonora Sohl. If her office confused Dr. Ommanney, she apologizes; however, several members of her staff did indicate to Dr. Ommanney that a request for a continuation of a public hearing needs to be in writing. It is standard practice. Dr. Ommanney. Her request is to continue the public hearing on the conditional use permit but to deal with the zoning issue (reclassification) now. City Attorney White. The Council has absolute discretion if they wish to separate the two items and hold individual hearings. The Council may hear testimony of those persons present tonight on the CUP. However, if the applicant has not had an opportunity to gather its evidence together and wishes more time, as a matter of practice, he recommends granting one continuance to make sure each applicant is afforded a fair opportunity to present evidence. The Council may want to open the hearing, receive any testimony able to be presented tonight by either side and then continue the hearing at least on the CUP to a later date at which time if there is additional evidence presented by the applicant, opponents should again have the opportunity to present opposition at that later date as well. The Council could also postpone the whole matter and take all testimony at a later date. Dr. Ommanney. She feels the first issue is whether the Council agrees to divide the zoning issue from the conditional use and the second is that their part be heard later and the other side maybe tonight or maybe later. The City Attorney added maybe tonight and later on both. Mayor Daly asked to hear from the appellants if they are comfortable with the request. Mr. Phillip Anthony, representing the appellants and other concerned citizens, 2157 Pacific Avenue, Costa Mesa. It is hard for them to understand why there is a need for a continuance. The applicant was before the Planning Commission 545 C£t¥ Hall~ Anahe£m, Cal£forn£a - COUNCIL NINUTES - ~YLY 27, 1993 - 5:00 P.M. for three separate hearings and has had ample notice Of this hearing and should be totally prepared. They have worked hard to get ready for this meeting and a lot of people are present, many with children. This affects a large number of people in the area. They have presented letters and petitions from over 300 people in stolid opposition. He hates to arbitrarily oppose a continuance but he has a problem as to why. They have not heard any real reason. Also, the appeal was against both the zone change and the conditional use permit. After further discussion between Council Members and the City Attorney regarding the request for continuance and the Council's alternatives, Mayor Daly stated that the public hearing will be conducted tonight and then continued to a future date as well. They will hear testimony from the applicant and the opponents. Dr. Mary Ommanney. Her unfortunate position, because she was so sure she could present a letter and not do this tonight, she currently has a waiting room full of patients at the clinic and a group therapy. She does not have anything to say at this time and is sorry if she misunderstood the procedures. Mayor Daly asked if she made an effort to notify the other people that she was going to ask for a continuance; Dr. Ommanney answered no. Mayor Daly asked if that completed her presentation this evening; Dr. Ommanney had nothing further to say. She asked if a summary of tonight's hearing will be available. City Attorney White answered no. However, an audio tape will be available in the City Clerk's Office if she would like to review it between now and the next meeting to which the public hearing is continued. Dr. Ommanney asked if the continuance would be next week; City Attorney White asked when she would want the continuance since she has requested it. Dr. Ommanney asked that it be in two weeks. She then left the Council Chamber. Mayor Daly opened the public hearing. PUBLIC D! SCUSS!ON - IN FAVOR: None IN 0FFO~ITION~ Phillip Anthony. They feel there are very serious problems with this application right back to the first day it was noticed. It was referred to as a 24-hour residential recovery home. Not many realized it was an alcohol rehabilitation program. The Planning Commission considered it twice with no real opposition present and asked the applicant to notify the neighbors. The applicant never did so. Staff subsequently notified some of the neighbors. It was at the third meeting before the Planning Commission that opposition was able to be present. The Planning Commission was trying to make it safe and approve the request on a 4 to 3 vote with some interesting conditions. They approved the 546 C£t¥ Hall~ ~nahe£~ Cal£forn£a - COUNCIL MINIFF~S - ~JLY 27~ 1993 - 5:00 P.M. reclassification on a little better vote but it was only done to facilitate the use. He urged the Council not to consider the item separately. Mr. Anthony then referred to his extensive letter dated July 23, 1993, previously submitted to the Council and made a part of the record which explained the points in detail. He is going to brief the highlights of the information contained in the letter. The Council has also received letters and petitions delivered in several pages totalling well over 300 people writing in opposition. They are asking the Council to deny both the zone change and the conditional use permit. There are five strong reasons why the project is not justifiable and should not be approved at the proposed location. The five reasons are as follows.- 1. The 24-hour alcohol rehabilitation use would not be compatible with and would adversely affect the surrounding land uses which includes homes, a nursery school, child day care, medical offices and elementary schools. 2. The old house on the site is totally inadequate in both size and configuration for the 19 residents proposed: 18 alcoholics and one "house mother". 3. The findings of facts by the Planning Commission are seriously in error, apparently due to misleading information presented to the staff and Commission. 4. The conditions approved by the Planning Commission in an attempt to protect the neighbors would be ineffective and virtually impossible for the City to monitor and enforce. 5. Approval of this 24-hour alcohol rehabilitation use would set an extremely bad and dangerous precedent for this sensitive, mostly residential area next to Anaheim Memorial Hospital. Mr. Anthony's letter (pages 2 through 6) then elaborated in detail on the concerns related to each of the five reasons most of which we~ b~ief~d in hig p~gentation. At the conclusion of his extensive presentation, Mr. Anthony stated that they have asked a select few of the concerned neighbors to give their first-hand comments. He also asked for a show of hands of those present in opposition. There were approximately fifteen. Council Member Pickler. He understands on the CUP, but sees no reason why the property should not be reclassified. The Planning Commission voted 6 to 1 to approve the reclassification and 4 to 3 on the CUP. It is on La Palma and that zoning would seem to fit in. 547 City Hall, Anaheim, California - COUNCIL MINUTES - JULy 27, 1993 - 5:00 P.M. Phillip Anthony. There is no other CO in the vicinity except for the hospital and that is a very special use. The surrounding area nearby is residential. A little CL but no CO. To make it CL would be reasonable and consistent with the neighborhood. Carol Larson, Owner/Operator, Sunshine Nursery School, 1035 W. La Palma. The nursery school is immediately adjacent to the subject property on the west side. Her license is for 40 children and they normally have 30 to 40 children on weekdays 2 to 6 years of age. A proposed alcohol rehabilitation home right next door would not be compatible with a nursery school. If allowed to go in, it would be a threat to her nursery school children and their families and would very shortly destroy her business. The Planning Commission was given misleading information and easy promises by the applicant. The worst of these claims was there would be no threat to the children because the alcoholics would be away at work or treatment. That is not true. The children are at the school Monday through Friday from 6:30 a.m. to 6:30 p.m. The hours would overlap and the alcoholics would be coming and going from the home. She questioned who is going to make sure that all the alcoholics are gone all day, every work day. It is not the right place for this use. For the sake of all in the surrounding area, she urged the Council to vote to deny. Bernadeen Scholl, 1665 Ord Way, Anaheim. She is the property owner of all the adjacent land around the proposed site (the parking lot next to the guidance center parking lot, the nursery school and the adjoining duplex). She was not notified before by the City or would have been present to appeal. She is suggesting that the Council not allow the use. It is an unprofessional use and an unprofessional way of caring for alcoholics. It is substandard living. Nineteen people and with two bathrooms is not good living. It will be creating a slum. It is a bad influence in the neighborhood and setting a precedent for bad care in the City. The people are in need of care, but in looking at the surrounding area, it is very professional. There will be no State supervision and one person as a caretaker is not adequate. Psychological guidance is fine, but as a live-in care center, that is not the way they should go in Anaheim. Kathleen Burton, 834 S. Cornwall, Anaheim. Her daughter presently attends Sunshine Nursery School. In the Summer of 1992, she took parenting classes at the Psychological Guidance Center and felt manipulated. The classes were of no help to her. She felt pushed to continue. When she asked Dr. Ommanney (who was present earlier) i£ ~h~ ¢0uld r~¢0mm~nd ~00k~ on ~h~ ~u~j~¢~ so she ¢0uld continue on her own, Dr. Ommanney ignored her and told her she had to continue and was subsequently billed for three months without taking any classes. They were trying to keep the people there in order to continue the parenting classes. Wes Ishi, 1102 N. West Street, Anaheim. They are two doors down from the proposed recovery house and have been living there for 35 years. His parents have owned the property for over 40 years. The property has somewhat declined over time. He does not know how a 24-hour alcohol recovery facility could help. The crime rate has gone up. It would not help the neighborhood. He fears 548 City Ha].l~ .~ahe£m~ Californ£a - COUNCIl., NINUT~S - ~TULY 27~ 1993 - 5~00 P.N. for the children and the safety of his folks. He does not think it is a good idea. John Polentz. He represents the two medical buildings east of the subject property. He also represents eight professional medical doctors, dentist, etc., one of which has been on site for 30 years. He has two of those representatives with him. The mission statement of Anaheim is, "working together to serve". He questioned what use this would serve. This is a very emotional issue for everybody. They have a lot at stake - their livelihoods, property values, the many years they have been located around the subject site. During his presentation, he noted that directly across the street from the subject property is a liquor store which does not make sense. He then elaborated on the many things they have done over the years to improve and maintain their property as well as the surrounding community including ongoing graffiti cleanup. He hopes the Council will consider this and the mission statement for the City working together to serve. They are all involved in this for the long haul. Diana Hudson, 844 N. Resh, Anaheim. Her son goes to the Sunshine School and is four years old. The recovering alcoholics will be there 24 hours a day next to their children. The children are the future. They are supervised by women. If one of the people from the home comes over and wants to abuse these women, they do not have any type of protection but will have to deal with the situation. One person supervising nineteen people is not enough. At the school, one person supervises twelve children. She lives three blocks away. Her husband's family has owned the home for 40 years. She sees this as a decline of property values for her home and the whole area. She works in the medical field. There is also a big liability factor they should address. It is an emotional issue. She went out and got signed petitions. She explained the situation to everybody. Dr. Ommanney should have stayed and listened to all their concerns. There were no additional speakers at this time. City Attorney White. He recommends that the public hearing be continued two weeks, but no further than that date. All the testimony given tonight need not be repeated at that hearing because it is all part of the record of tonight's hearing. If there is any new and different testimony, the opponents would have an opportunity to present that at that time as well. Mr. Anthony confirmed for the Mayor that they understood the procedure. MOTION: Council Member Daly moved that the entire matter, the reclassification and the conditional use permit, including the public input portion be continued two weeks to August 10, 1993. Council Member Simpson seconded the motion. MOTION CARRIED. Cl: COUNCIL COMMENTS: 114: DISCUSSION - JOINT MEETING WITH THE CITY PLANNING COMMISSION: City Clerk Sohl announced the scheduled joint meeting with the Planning Commission next Tuesday, August 3, 1993. It would be appropriate to adjourn this meeting to 2:00 p.m., August 3, 1993. She asked if there were any items 549 C£t¥ Hall~ Anahe£m~ Cal£forn£a - COUNCIL MINUTES - ~-ULY 27~ 1993 - 5:00 P.M. the Council would like added to the agenda as topics of discussion. Another alternative, since the Council did not hold a workshop today regarding the fire hazard issue, that could be held next week and the joint meeting rescheduled. Mayor Daly. He prefers to keep the joint meeting as scheduled with the Planning Commission and perhaps Fire Chief Bowman's presentation could be heard following the joint meeting. It was determined that the joint meeting with the Planning Commission would be held with thus far three topics set for discussion and any others the Council might have, followed by an approximate one-half hour workshop session with Ch ie f Bowman. Council Member Feldhaus. He would like to sit down with the Council, City Manager and Community Redevelopment Commission regarding Council policy relative to retail sales in industrial zones. After a brief discussion, it was determined that the topic of retail sales in industrial zones would be an appropriate one for discussion at the joint meeting with the Planning Commission next week; Mayor Daly asked that staff put together any relevant details on what the trends have been on retail uses in industrial zones. ADJOURNMENT: By General Consent the Council adjourned to Tuesday, August 3, 1993, at 2:00 p.m., for a joint meeting with the City Planning Commission. (7:58 p.m.) LEONORA N. $OHL, CITY CLERK 55O