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1995/08/01C~TY OF AN~IE~H~ C~L~FORN~ - COUNCIL H~NUTES &U~UST ~ L995 The City Council of the City of Anaheim met in regular session. PRESENT .- PRESENT: ABSENT: PRESENT .- MAYOR: Daly COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann M. Sauvageau DEPUTY CITY MANAGER: Tom Wood FINANCE/ADMINISTRATION MANAGER: Bill Sweeney PLANNING DIRECTOR: Joel Fick TRAFFIC AND TRANSPORTATION MANAGER: John Lower Annika Santalahti, Zoning Administrator. ZONING DIVISION MANAGER: Greg Hastings EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:35 p.m. on July 28, 1995 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the meeting to order at 3:10 p.m. REQUEST FOR CLOSED SESSION: City Attorney Jack White. There are three matters to be added to the Closed Session items. The need to discuss and act upon the items arose since the agenda was prepared and posted. The Council must act prior to the next regular Council Meeting. MOTION. Mayor Daly moved that there is a need to take immediate action on three additional Closed Session agenda Items 6, 7 and 8 (see below) and that the need for action came to the attention of the City subsequent to the agenda being posted. Council Member Lopez seconded the motion. Council Members Zemel and Feldhaus were absent. MOTION CARRIED. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Closed Session items. The following items are to be considered at the Closed Session: CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION: Name of case: In re: County of Orange, Debtor, U.S. Bankruptcy Court, Central District Case No. SA 94-22272; and In re: Orange CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - AUGUST 1, 1995 County Investment Pools, U.S. Bankruptcy Court, Central District No. SA 94-22273. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION: Name of case: Anaheim Stadium Associates v. City of Anaheim, Orange County Superior Court Case No. 44-81-74. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION: Name of case: Del Monico, et al., vs. City of Anaheim, Orange County Superior Court Case No. 70-80-71 (and 16 other consolidated actions). LIABILITY CLAIMS: Claimant: Calvin Williams Agency Claimed Against: City of Anaheim CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)- EXISTING LITIGATION: Name of Case: Wayne A. Parkola vs. City of Anaheim, Orange County Superior Court Case No. 72-71-63. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION: Name of Case: Miles vs. City of Anaheim, Orange County Superior Court Case 69-80-40. CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Property: 1621 Douglass Road Negotiating Parties: City of Anaheim and Ogden Facility Management Corporation of Anaheim. Meeting with Labor Relations Representative concerning negotiations with unrepresented employees. RECESS: Mayor Daly moved to recess into Closed Session. Council Member Lopez seconded the motion. Council Members Zemel and Feldhaus were absent. MOTION CARRIED. (3:12 p.m.) Council Members Zemel and Feldhaus entered the Council Meeting during Closed Session at approximately 3:15 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. (5:42 p.m.). INVOCATION: A Moment of Silence was observed in lieu of an invocation. Mayor Daly asked that the silence be dedicated to the memory of the four Katella High School students who were killed in a vehicle accident last Saturday - Steven Richard Bender, Anthony Fuentes, Jonathan Croweagle Fabbro Curtis, and John Thornton. FLAG SALUTE: Council Member Lopez led the assembly in the Pledge of Allegiance to the Flag. CITY OF ~,NAHEIM, CALIFORNIA - COUNCIL MINUTES - AUGUST L, ~995 119~ PRESENTATION OF STUDENT DELEGATION FROM MITO, JAPANs Mrs. June Lowry, Sister Cities Committee stated it was her privilege to present 20 exchange students from Mito, Japan, Anaheim's Sister City, along with Thumiko Takamura, a teacher accompanying the students. Mrs. Lowry explained the rigorous exams, both written and oral, that the students had to pass in order to be selected to represent their City. One of the main objectives of the exchange program is for the students not only to understand the differences between Mito and Anaheim, but also the commonalities shared and to build and bond the relationship. They are learning what Anaheim and the United States is all about. She then introduced a number of the host families who were present in the Chamber audience and thanked them for their generosity and hospitality in hosting the exchange students. She expressed her hope that a large contingency from Anaheim would travel to Japan next year to celebrate the 25th Anniversary of the Sister City relationship. She then introduced Ms. Takamura. Thumiko Takamura. On behalf of the students and Mito, she would like to express her sincere thanks to the Mayor and Council and the people of Anaheim for the wonderful opportunity to be able to participate in the exchange program with such an hospitable City. They are excited about learning as much as possible about American culture and in addition to share their Japanese culture with their host families. They look forward to repaying the favor with Anaheim's visit to Mito. They sincerely appreciate everything that has been and will be done to accommodate them. She then presented to Mayor Daly a message on behalf of Mayor Okada of Mito. Mayor Daly. He welcomed Ms. Takamura and the students. It is a great pleasure to have them visit and stay in Anaheim and to share in a cultural exchange. The Mayor and Council Members then presented the students with a book on the history of Anaheim and a City seal pin and also presented a gift to Ms. Takamura. 119~ PRESENTATION - ORANGE COUNTY VOLUNTEER CONNECTION BANNER~ Leslie Anne Pontious, Chairman, Subcommittee for the Volunteer Center of Greater Orange County presented the City with a banner as a token of thanks to the City for participating in Volunteer Connection Day for the third consecutive year. Volunteer Connection Day took place on April 22, 1995 with 9,000 volunteers in attendance. She thanked the City for the hard and diligent work done by City staff. The banner was presented to Mayor Daly. 119~ PRESENTATION OF RECOGNITION TO ROBERT SCHMAHL~ Mayor Daly and Council Members presented a plaque of recognition and thanks to Robert Schmahl for his 11 years of service on the City's Public Utilities Board, one of the most important advisory boards to the Council. The Mayor and Council thanked Mr. Schmahl for the time, effort and dedication put forth during his long serviCe on the Board. 119: THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: 3 CITY OF ANAHEI~ CALIFORNIA - COUNCIL HINUTES - AUGUST ~ ~995 119: DECLARATION recognizing Ronald T. Kennedy on his retirement from the L.A./Orange Counties Building Trades Council. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,733,099.44 for the period ending July 28, 1995, in accordance with the 1995-96 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (6:02 p.m.) Mayor Daly reconvened the City Council meeting. (6~04 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Leonard Lahtinen, 2731 W. Savoy Place, Anaheim. Amongst other concerns that have been expressed by citizens over the last few years is billboards and lewd, nude business enterprises in the City, many of which have located in areas with businesses that are not compatible. His main concern tonight is the interlocking of billboards and lewd, nude enterprises, specifically the two billboards in the City at its busiest intersections, one at Lincoln and Euclid which is in the area of the newly rehabilitated Anaheim Plaza, and the other at Anaheim Boulevard and Ball Road advertising an enterprise that, unfortunately is located in the City. The billboard industry and the nude bars, he feels, are "thumbing their nose" at the City's residents. The billboard at the corner of Lincoln and Euclid is a Patrick billboard, but there is no indication of ownership on the other which may be a violation of code. If so, the City should show no mercy. He encouraged the Council and staff to try to do something, whatever can be done about this intrusion in the City. Mayor Daly. With the Council's approval, he will ask staff to investigate relevant laws and other tools at the City's disposal to see what can be done. He believes that both billboards are in Redevelopment areas. He has heard from a n%u~ber of citizens by phone and letter especially regarding the billboard at Lincoln and Euclid. Council Member Zemel. The Council is working with Assemblyman Morrissey's office on an anti-nudity bill state wide, not just Anaheim. There is also a companion bill that is having more success than the Morrissey bill. The Council is working on this very issue. Mayor Daly. He is asking for a report from City staff on some of the details on the ownership of the billboards and any other factors that are relevant. PUBLIC COMMENTS - AGENDA ITEMS: Public input was received on Agenda Items A3., A4. and A15. under those items. See discussion MOTION: Council Member Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of August 1, 1995. Council Member Feldhaus seconded the motion. MOTION CARRIED. C~TY OF ~.NAHEIH~ C~LIFORNI~ - COUNCIL N~NUTES - ~U~UST L~ L995 CITY H~,N~,~ER/DEPARTHENT~L CONSENT CALENDAR; On motion by Council Member Daly, seconded by Council Member Feldhaus, 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. 95R-142 and 95R-143, for adoption Refer to Resolution Book. Al. 118: Rejecting certain claims filed against the City. a. Claim submitted by Lori Jo Rabbitt for property damage sustained purportedly due to actions of the City on or about May 4, 1995. b. Claim submitted by Charles Zapotosky for property damage and bodily injury sustained purportedly due to actions o6 the City on or about May 4, 1995. c. Claim submitted by Hilgenfeld Mortuary for property damage sustained purportedly due to actions of the City on or about June 6, 1995. d. Claim submitted by Hernan R. Cascavita for property damage sustained purportedly due to actions of the City on or about June 16, 1995. e. Claim submitted by Calvin J. Williams for property damage and bodily injury sustained purportedly due to actions of the City on or about January 24, 1995. A2. 105: Receiving and filing minutes of the Anaheim Private Industry Council meeting held April 27, 1995. Receiving and filing minutes of the Telecommunications Policy Committee meeting held June 15, 1995. A3. 167: Rejecting all bids for Traffic Signal Installation and Median Improvements project on La Palma Avenue west of Imperial Highway. Sherry Gartley, 5635 E. LaPalma Avenue, Anaheim. She manages Cinemapolis and is present to speak about the traffic signal and median that is to be installed on LaPalma Avenue at the entrance to the theaters and center. She notes under this item, the bids are going to be rejected because they came in too high. She wants to know what the time frame on going out for new bids because there are still numerous accidents at the location. She is speaking not only on behalf of Cinemapolis, but also Imperial Promenade Properties in the same center and the Anaheim Village Center across LaPalma. John Lower, Traffic and Transportation Manager. It will be approximately four weeks for rebidding. The bids came in substantially higher than budgeted or about $30,000. Rebidding will take into account cost-reduction opportunities which include the City providing spare poles from the City yard and reducing the amount of traffic signal detection. There is an agreement among three property owners and the Redevelopment Agency to assist in the funding. The agreement has a ceiling relative to cost participation. He also stated for Ms. Gartley, that after rebidding, it would probably take about six months before the signal is installed. CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - ~UGUST 1, 1995 A4. 108: ORDINANCE NO. 5510 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW CHAPTER 4.03 TO TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO COMMERCIAL FILMING. Andy Kennon. He is present to encourage the Council to vote yes on this proposed ordinance. He is speaking on behalf of the 250 craft persons who are members of the International Alliance of Theatrical Stage Employees, Local 504 in Anaheim. AS. 176: RESOLUTION NO. 95R-142: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS, AND SETTING A DATE AND TIME TO CONSIDER ABANDONING THAT PORTION OF NORTH VINE STREET LOCATED NORTH OF LINCOLN AVENUE, AND SOUTH OF THAT UNNAMED ALLEY LOCATED APPROXIMATELY FIFTY FEET NORTH OF LINCOLN AVENUE (ABANDONMENT NO. 95- 4A) (suggested public hearing date: September 12, 1995, at 6:00 P.M.) Council Member Feldhaus posed questions to staff for purposes of clarification which were answered by both the City Attorney and Natalie Meeks, Civil Engineer/Public Works. The City Attorney clarified that at the September 12, 1995 hearing on the abandonment, there will be two action items -- one, a motion waiving the fee, and the second to approve the abandonment of the street. A6. 175: Approving Contract Change Order No. 3, in the amount of $53,856 in favor of Sully-Miller Contracting Company, for abandonment of on- site water and sewer utilities, site demolition and clearing as well as erecting a temporary construction fence around the site for the new Katella Electrical Substation. A7. 160: Accepting the bid of Carrier Building Systems, in an amount not to exceed $150,786 for a chiller replacement at City Hall East, in accordance with Bid ~5404. AS. 123: Approving a Sixth Amendment to Agreement with Eberhart & Stone, Inc., for geotechnical services pertaining to the Santiago Landslide. (Continued from the meeting of July 25, 1995, Item All.) Ag. 123: Approving Agreements with the County of Orange for the use of the Jeffrey-Lynne Neighborhood Center and Ponderosa Park Neighborhood Center to provide a Women, Infant and Children Supplemental Food Program. Al0. 107: ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION 14.32.310.120 OF SECTION 14.32.310 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SALE OF GOODS OR MERCHANDISE BY VEHICLE. City Manager Ruth. The City Attorney is requesting that this item be removed from the agenda at this time. All. 123: Approving an Agreement with the City of Inglewood for the delivery of JTPA services to eligible dislocated workers through September 30, 1996, and authorizing the City Manager to execute said Agreement and any amendments thereto on behalf of the City; and amending the 1995-96 budget, account no. 411-220, by $400,000. CITY OF ANAHEIMv CALIFORNIA - COUNCIL MINUTES - AUGUST 1, 1995 A12 · 153: RESOLUTION NO. 95R-143: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING, NUNC PRO TUNC, RESOLUTION NO. 95R-133, WHICH APPROVED A MEMORANDUM OF UNDERSTANDING BETWEEN THE ANAHEIM POLICE ASSOCIATION AND THE CITY OF ANAHEIM. A13. 123: Approving an Agreement with Medical and Safety Management, Inc., for the provision of standby ambulance and physician, and backup emergency medical technician/mini-ambulance services for Anaheim Stadium events from August 8, 1995 through March 31, 1996. A14. 114: Approving minutes of the Anaheim City Council meeting held July 11, 1995. A15. 108: Request by Frank Elfend, Elfend and Associates to discuss time share requirements and related Transient Occupancy Tax (TOT) provisions. Frank Elfend, Elfend & Associates, 610 Newport Center Drive, Ste. 1290, Newport Beach, CA. He is present to discuss a request made to the City a few months ago, to share the status of the item, and to see if there is a manner in which they can move forward on it tonight. Mr. Elfend then briefed the Council concerning the conversion of the Peacock Suites Hotel (PSH) into a timeshare conversion project and their proposal to provide for an alternative revenue source in lieu of collecting transient occupancy taxes (TOT) on a vacation ownership resort. (Mr. Elfend submitted documents entitled, Summary of Estimated Tax Revenue Impacts - Peacock Suites Timeshare Conversion and Summary of Compromise Proposal, with attachments. Also see extensive data previously submitted under letter dated June 8, 1995, memorandum dated June 5, 1995 to the City Manager and Tom Wood from Frank Elfend on behalf of Tarsadia, Inc. and The Shell Group entitled, TOT Collection for Timeshare Projects Within the Hotel Circle Specific Plan (7 pages) accompanied by an attachment - a proposed Agreement and Covenant establishing the method of collection of the TOT for timeshare projects. Also see memorandum dated July 28, 1995 to the City Manager/City Council from the Director of Finance, Bill Sweeney, recommending that the City Council deny the proposal by Elfend & Associates -- all documents made a part of the record). When the package was first submitted to the City, they provided an analysis which indicated the conversion of the hotel to a timeshare project would have a revenue neutral position with no adverse impacts to the City. That analysis was reviewed by City staff. His clients proposed a $10 per unit per week fee based on the estimated shortfall that was projected at the time. Staff reviewed the information and in their 7/28/95 report, stated they felt the appropriate fee was $27 and it should be indexed to inflation. Over the last few days, they agreed and submitted a compromise proposal which, they believe, based on the $27 would comply with all the recommended criteria that staff asked them to comply with in the staff report. The compromise accepts the staff generated assumption regarding revenues. After his detailed presentation, Mr. Elfend concluded that the proposal they are bringing to the Council today for some direction is a $20 per unit fee with an annual CPI increase of 4% maximum cap in any year which will essentially provide the City with the $27 fee in seven to eight years. Staff did indicate to him that the number they had proposed based on a 15% TOT was approximately $35 per unit as opposed to $27 which is about a 30% increase for a 2% increase in the TOT from 13% to 15%. They are not able tonight to respond to the new $35 number. What they are submitting to the Council they feel is a fair, equitable and reasonable proposal. They are asking that C~TY OF AN~%HEI~ C&L~FORN~ - COUNCIL ~INUTES - &U~UST L, ~995 consideration be given that the occupancy of the Peacock Suites Hotel on an average basis over 30 years will experience some decrease in occupancy. Therefore, an average occupancy number should be used to set the rate and not one which is purely set at the maximum occupancy rate which is currently what the hotel is experiencing. That is the essence of the proposal and they are interested in resolving the matter and moving forward as rapidly as possible. Phillip Knypstra, 2520 Gelid Avenue, Anaheim. Ail of the conclusions he comes to after reading the staff report pro and con, show the advantages go to the owner and all the disadvantages go to the City or the taxpayers of the City. Peacock Suites was designed and constructed as a hotel, looks like a hotel and is operated as a hotel. If converted to timeshare, it will still look like a hotel. He is concerned with the number of parking spaces which is approximately 130. With timeshares, they might be sold to more than one owner and there will be more parking problems than with a hotel. He does not believe that was mentioned in the report and he also does not believe the $27 will "cut it". The City and taxpayers will be the losers. City Manager Ruth. He apologized for the manner in which the matter has come before the Council. Staff attempted to accommodate the proposer and agendized the item without resolving the issue but continued negotiations in good faith. As the Council is aware, the Planning Commission reviewed the proposal at length and did make some very specific recommendations which they felt should be addressed in dealing with the conversion to timeshare. He then asked Tom Wood and Bill Sweeney who had been negotiating with the proponent to give the background on the City's position. Tom Wood, Deputy City Manager. He briefed much of the information and data contained in the reports previously submitted to the Council (see staff reports dated 7/28/95 and 8/1/95 with attachments - Economic and Planning Systems (EPS) comments on MAI Report and Industry Report both dated 7/31/95 and the MAI Report, Cohen, Kerhart, Quintiliani, Real Estate Advisory Services which was provided by the applicant dated 7/30/95). During his presentation, he pointed out that the Hotel Circle Specific Plan language requires payment of the TOT for all vacation ownership units as if they were hotel rooms. (A copy of the Hotel Circle Specific Plan was provided to the Council). Similar language is included in the Disneyland Resort and the Anaheim Resort Specific Plan. Absent the funds provided from the TOT, the revitalization program and infrastructure improvements in the resort area will not occur. The issue is not one of conversion, but that the applicant proposes not collecting the TOT required by the ordinance in the Specific Plan and not offering an alternate funding mechanism to replace the funds necessary to maintain economic viability. Staff is recommending that the proposal be rejected. Mr. Wood then explained what occurred since the submission of the staff report which involved the offer made to increase the fee per unit per week to $20 as previously outlined by Mr. Elfend and also the report submitted by the Real Estate Consultant concluding that the Peacock Suites occupancy level will drop materially over the next 30 years. Staff has requested, received and provided a report from its consultant which refutes this assertion. Staff continues to believe their offer to date is insufficient and that accepting the latest offer will result in a material loss of General Fund revenues. If the City wishes to entertain the subject proposal, should it be revenue neutral or with CPI adjustor provisions to deal with future increases and decreases, the TOT rate, and occupancy based upon historical performance. Staff has not had a great deal of time to evaluate the proposal. It is highly unlikely that a satisfactory resolution can be achieved for this developer if they insist on maintaining the hotel's occupancy and room rates are going to decline C~TY OF ~NAHE~H~ CALiFORNiA - COUNCIL H~NUTES - AUGUST ~ ~995 materially over the next 30 years. It is staff's position that historical performance should be the primary factor if the City is to consider such an alternative to the existing TOT. Overall, it is imperative that any proposal considered be revenue neutral. Adopting an approach other than that embodied in the existing code, mainly the payment of the TOT for all vacation ownership units as if they were hotel rooms, will set a precedent and may put the City at financial risk, a risk that does not exist today. Extensive discussion followed wherein Council Members posed specific questions relative to the proposal, the total number of units that could be converted to timeshare, if from time to time some of the rooms could be rented out on a per night basis, what rooms would remain as traditional hotel rooms, etc., which were answered and/or discussed by the Planning Director, Joel Fick and the Finance Director, Bill Sweeney. Mr. Sweeney stated that the City would have to be provided with an audit trail and the right kind of records would have to be maintained. Relative to collection of the TOT, he believes they probably could come up with a way to track it. The issue is not that, but should they accept some revenue source in lieu of the 15% TOT tax. City Manager Ruth. When the matter was discussed with the Planning Commission, the understanding was the proponent was supposed to come back with a mechanical process on how this was to be accomplished. The burden was placed on the applicant to demonstrate how that collection would be made and audited. To date, that process has not been received. City Attorney White also clarified for Council Member Feldhaus that there are provisions in the Revenue and Taxation Code exempting owners of timeshare from TOT; however, in his opinion, that does not apply to Anaheim or any other Charter city in the State. He then gave the history of the section and also cited case law. Anaheim has an inherent right under the State Constitution to impose TOT on vacation resorts. (Later in the meeting, Council Member Tait asked that the legislative history relating to the purpose behind the State limiting the use of TOT by cities be submitted for information purposes as offered by the City Attorney.) Council Member Zemel. He stated that this particular project already has the entitlements to do a timeshare. Joel Fick. He stated that was correct. There were Public Hearings before both the Planning Commission and City Council. One of the things he wants to clarify, while that right was granted, there is specific criteria for a number of things that need to be submitted -- the methods as to how this would be dealt with, the units to be converted, etc. The entitlement was given but there is a specified list of criteria in the Specific Plan that needs to be submitted when the conversion is proposed. More specifically, the language in the Specific Plan as well as the conditions of approval require payment of the TOT and if there is an alternative proposed or policy direction set by the City Council, it is staff's opinion there would have to be an amendment to the Specific Plan approved by the Planning Commission and ultimately by the City Council. After further questions posed by Council Member Zemel which were answered by Mr. Fick, the City Attorney clarified that what was approved in the Specific Plan Ordinance was a total of 969 rooms which included rooms in two existing hotels plus what could otherwise be constructed. Of those 969, a maximum of 9 C~TY OF ~N~IE~H~ CAL~FORN~ - COUNCIL ~NUTES - AUGUST ~ L995 331 rooms could be timeshares whether newly constructed units or conversion of rooms in the existing two hotels. Bill Sweeney reiterated that the key issue is, if Council wants staff to try to move away from the transient tax on this issue, what is the base then going to be. Council Member Tait. As he sees it, the only area of disagreement revolves around the projected occupancy of the Peacock Suites over a period of time. Bill Sweeney. Essentially, that is what drives the number. What is the base and what kind of credit, if any, should they get for a deteriorating facility. The low end of the range is at 50% occupancy which they interpret the Disney Study to indicate would be the result in that area. Staff does not agree with that assessment. Mayor Daly. He is going to move for a two-week continuance, the rationale being a lot of questions need to be answered regarding the traditional methods used to collect revenue from timeshare properties. The City expects that there will be additional timeshares which he feels are probably very desirable if they want to create a resort environment. They need to be careful before agreeing to a formula on regulation of timeshares. It appears that the issues are being narrowed and coming together. The Specific Plan language was very clear and that is what the Council approved. It requires either the collection of a TOT for all vacation ownership units as if they were hotel rooms or some type of replacement system acceptable to City government. MOTION. Mayor Daly moved that the subject request be continued for two weeks to give an opportunity to get answers to some of the questions and concerns expressed and so that the applicant can work out some agreement on some of the assumptions made. Council Member Lopez seconded the motion. Council Member Zemel. Before a vote is taken, he would like to hear from the applicant to see if he has any response. Frank Elfend. They would like to come to terms with the City on the process and procedure which is much simpler than was presented. He would also like to clarify an amendment to the Specific Plan would not be required and that there would be a provision for an amendment to the Ordinance as was discussed with the City Attorney. As far as looking at other communities, he recommended the County of Orange to see what they are doing on the Newport Coast. Be would like a continuance of less than two weeks, but if it is two weeks, hopefully there will be an agreement along with some clarification. Council Member Zemel. He is in favor of a one-week continuance and if the matter is not resolved, the Council could continue it another week. Mr. Wood explained the difficulty in being able to present any type of comprehensive survey on what other cities are doing and to be able to submit it in time for next week's agenda. It is going to be difficult enough to collect and present the data in two weeks. Council Member Tait noted that San Diego would be a relevant City to survey as well. Mayor Daly. What the Council needs to have, especially because there will be other such timeshares, is a fair, understandable mechanism and hopefully one that has worked in another jurisdiction. He would also like to know how the 10 CITY OF ANAHEIM, CALIFORNI& - COUNCIL MINUTES - AUGUST 1, 1995 Visitor and Convention Bureau feels about the matter. The bed tax is a $33 million per year revenue to the City government. The City has a five-year spending plan wherein these funds will be used to beautify the resort area. He would not want to see any missteps or mistakes that could lessen or interrupt the beautification program. A vote was then taken on the foregoing motion. MOTION CARRIED. Roll Call Vote on Resolution No. 95R-142r for adoption: AYES= MAYOR/COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly NOES= MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 95R-142, duly passed and adopted. Roll Call Vote on Resolution No. 95R-143~ for adoption~ AYES= MAYOR/COUNCIL MEMBERS= Tait, Zemel, Feldhaus, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: Lopez The Mayor declared Resolution No. 95R-143, duly passed and adopted. Item AiO. was removed from the agenda at the request of staff. END OF CONSENT CALENDAR. MOTIONS CARRIED. ITEMS B1 - B9 FROM TEE PLANNING COMMISSION MEETING OF JULY 10, 1995 INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 1~ 1995 B1. 1795 CONDITIONAL USE PERMIT NO. 3756 AND NEGATIVE DECLARATIONs OWNER: CALIFORNIA STATE TEACHERS' RETIREMENT SYSTEM, 7667 Folsom Boulevard, Sacramento, CA 95826; FRANKLIN D. COLE, 1111 Towne and Country Road, Suite 39, Orange, CA 92662 AGENT: MARK WHITFIELD, c/o Donohue Schriber, 3501 Jamboree Road, Suite 300, Newport Beach, CA 92660; ERNIE WEBER, c/o Donohue Schriber, 3501 Jamboree Road, Suite 300, Newport Beach, CA 92660 LOCATION: 600 North Euclid Street (Anaheim Plaza Reqional Shopping Center). Property is approximately 9.02 acres located at the northeast corner of Crescent Avenue and Euclid Street. To permit a lO0-foot high cellular communications tower with a maximum of sixteen microwave dish antennae varying in size from 2- feet to 10-feet in diameter, including an accessory equipment room. ACTION TAKEN BY THE PLANNING COMMISSION: 11 CITY OF ANAHEIHv CALIFORNIA - COUNCIL MINUTES - AUGUST lv 1995 WITHDRAWN by the applicant. B2. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NOT. 3774 AND NEGATIVE DECLARATION= OWNER: DAVID DANIEL, ET AL, 469 S. Green Grove Drive, Orange, CA 92666 AGENT: FANCHER DEVELOPMENT SERVICES INC., Attn: Nina Raey, 1342 Bell Avenue, Suite 3-K, Tustin, CA 92680 LOCATION: 1810 East Katella Avenue. Property is approximately 0.55 acre located on the south side of Katella Avenue and approximately 203 feet west of the centerline of State College Boulevard. To permit the expansion of an existing vacant restaurant to include a drive through lane with waiver of minimum number of required parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3774 GRANTED, IN PART, (PC95-76) (6 yes votes, i absent). Denied waiver of code requirement. Approved Negative Declaration. Council Member Feldhaus. He wants to know if revised plans have been submitted. The project was approved in part as indicated in the Planning Commission resolution. The plans showed three other waivers that were not advertised (see Item 3. (a), (b) and (c) on Page i of Resolution PC95-76.) Annika Santalahti, Zoning Administrator. She answered no. The Planning Commission felt they would be able to comply. The only item of concern at all related to the setback for the drive-through lane itself. The project does necessitate a new building and they did submit a revised plan to the Planning Commission which showed the building reduced substantially in size. They can comply with parking. Mayor Daly. This particular property has had a difficult parking problem for years. There is a motel that wraps around it in an "L" shape. If it is a drive-through, he has serious questions that it can work at this location. Council Member Feldhaus requested a review of the Planning Commission's decision on this matter. Mayor Daly concurred and, therefore, a Public Hearing will be set at a later date. B3. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3769 AND NEGATIVE DECLARATION: OWNER: ENDOWMENT REALTY INVESTORS, INC., c/o TCW REALTY ADVISORS, Attn: Eleanor Caprano, 865 South Figueroa Street, Los Angeles, CA AGENT: CB COMMERCIAL REAL ESTATE, 3501 Jamboree Road, Suite 100, Newport Beach, CA 92660 LOCATION: 5626 East Santa Aha Canyon Road. Property is approximately 10.63 acres located at the southwest corner of Santa Ana Canyon Road and Imperial Highway. To permit a 1,650 square foot fast food restaurant with roof-mounted equipment with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3769 GRANTED (PC95-77) (6 yes votes, i absent). Approved waiver of code requirement. Approved Negative Declaration. 12 CITY OF AN~HEIMv CALIFORNIA - COUNCIL MINUTES - AUGUST 1, 1995 B4. 179: CONDITXONAL USE PERMXT NO. 1978, CATEGORICALLY EXEMPT, C~tS$ 21: OWNER: SUMANBHAI N. PATEL and/or NIRMALABEN S. PATEL, 426 South Beach Boulevard, Anaheim, CA 92804 INITIATED BY: CITY OF ANAHEIM, (CODE ENFORCEMENT), 200 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 426 South Beach Boulevard (Pacific Inn Motel). Property is approximately 0.36 acre located on the east side of Beach Boulevard and approximately 461 feet north of the centerline of Orange Avenue. City-initiated request to consider revoking or modifying Conditional Use Permit No. 1978 (to permit a 23-unit motel with waiver of minimum number of parking spaces, maximum structural height, and minimum landscape setback) pursuant to Zoning Code Section 18.03.091 of the Anaheim Municipal Code. ACTION TAKEN BY THE PLANNING COMMISSION: Approved modification to CUP NO. 1978, to expire 1/10/96 (PC95-78) yes votes, and 2 absent). Mayor Daly. This is the "infamous" Pacific Inn Motel. Action by the Planning Commission was to modify it so they have to clean up their act. The CUP is to expire January 10, 1996 in any event. He asked for clarification that regardless of whether or not they comply, that is the longest they can remain in business. Joel Fick. That is correct. They would have to come in to either reapply or have a Public Hearing to change that condition and request a longer period of time. BS. 179: WAXVER OF CODE REQUXREMENT CONDITXONAL USE PERMIT NO. 3775 AND NEGATIVE DECLARATXON: OWNER: HOMESTEAD HOUSE INC., Attn: R. Brent McKee, 1601 E. Cerritos Ave., Anaheim, CA 92825 AGENT: ROBERT B. MONTGOMERY, 33850 Colegio Drive, Dana Point, CA 92629 LOCATION: 1601 East Cerritos Avenue. Property is approximately 16.11 acres located at the northeast corner of Cerritos Avenue and Vernon Street. To permit 260,00-square feet of retail sales of household furniture in conjunction with a 240,00-square foot furniture warehouse (including the construction of an approximately 150 foot high clock tower) with waiver of minimum number of required parking spaces, minimum landscaping at street frontages and minimum parking lot landscaping. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3775 GRANTED (PC95-79) (4 yes votes, 3 absent). Approved waiver of code requirement. Approved Negative Declaration. Council Member Feldhaus asked why there was a waiver of any type of treatment for landscaping along Cerritos especially with a retail use in an ML zone. Joel Fick, Planning Director first clarified that the Planning Commission approved the project on a 4-0 vote with three Commissioners absent. The landscaping and the store front along Cerritos is very attractively done. Along with a modification of the building, as a tradeoff, they are proposing to put in mature trees and landscaping. The Planning Commission and staff 13 CITY OF ~IEI~ CAL~FOI~I~ - COUNCIL HINUTES - AUGUST L~ ~995 reviewed this in detail and felt the landscaping fit in very well. Planning Conunission and staff share the concern expressed by Council Member Feldhaus, but the building was an existing building which has been modified and enhanced. Staff felt, as did the Commission, that it clearly was an improvement along the street frontage. B6. 179= RECLASSIFICATION NO. 94-95-12 WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3777 TENTATIVE TRACT 15204 AND NEGATIVE DECLARATION= OWNER= BERNARD E. and MARY E. BLUME, CO TRUSTEES, P.O. Box 158, La Mirada, CA 90637 AGENT= BAHRAM GHASSEMI, 1001 Sandcastle Drive, Corona Del Mar, CA 92625 LOCATION: 2638 West Ball Road. Property is approximately 1.84 acres located on the south side of Ball Road and approximately 530 feet west of the centerline of Magnolia Avenue. To reclassify subject property from the RS-A-43,000 zone to the RM- 2400 zone or a less intense zone. To permit a 2-story, 28-unit condominium complex with waiver of maximum structural height, setback adjacent to single-family zone and minimum distance between buildings. To establish a 1-lot, 28-unit airspace condominium subdivision. ACTION TAKEN BY THE PLANNING COMMISSION= Reclassification No. 94-95-12 GRANTED, UNCONDITIONALLY, (PC95-80) (4 yes votes, 3 absent). CUP NO. 3777 GRANTED (PC95-81). Approved waiver of code requirement. Approved Tentative Tract Map No. 15204 (No action was taken on this tract by the City Council at their meeting of July 18, 1995, Item Bll). B7. 179= WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3504 AND NEGATIVE DECLARATION= OWNER: IGLESIA EN CRISTO, Attn= Edward Maranun, 498 South Harbor Blvd., Anaheim, CA 92805 AGENT: JULIUS DeCAMPO, 14332 Holt Avenue, Santa Ana, CA 92705 LOCATION: 420 South Harbor Boulevard. Property is approximately 1.44 acres located at the northeast corner of Santa Aha Street and Harbor Boulevard. Petitioner requests an amendment to an existing conditional use permit to permit the conversion of 4,270-square feet of storage area to office use within a previously approved church facility with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Approved amendment to CUP NO. 3504 (PC95-82) (4 yes votes, 3 absent). Approved waiver of code requirement. Negative Declaration previously approved. B8. 179: CONDITIONAL USE PERMIT NO. 3701 AND NEGATIVE DECLARATION: OWNER= THE MONROE COURT CORPORATION, P.O. Box 18021, Anaheim, CA 92817-8021 LOCATION: 6270 East Santa Aha Canyon Road. Property is approximately 0.94 acre located at the south side of Santa Aha Canyon 14 CITY OF ANAHEIM; CALIFORNI~ - COUNCIL MINUTES - AUGUST 1, 1995 Road and approximately 515 feet west of the centerline of Fairmont Boulevard. Petitioner requests an amendment to a condition of approval pertaining to the limitation of time for a previously approved child day care facility within two temporary trailers. ACTION TAKEN BY THE PLANNING COMMISSIONs Approved amendment to conditions of approval for CUP NO. 3701 (to expire 7/25/96) (PC95-83) (4 yes votes, 3 absent). Negative Declaration previously approved. REPORT AND RECOMMENDATION ITEM: Bg. 179~ CONDITIONAL USE PERMIT NO. 2992 - REOUEST FOR EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL: REQUESTED BY= JEFF WILLIAMS, P.O. Box 25427, Anaheim, CA 92825- 5427. LOCATIONs 507 South Lemon Street. Petitioner requests a retroactive extension of time to comply with conditions of approval for Conditional Use Permit No. 2992 (revised plans for a previously approved tree service contractor yard). ACTION TAKEN BY THE PLANNING COMMISSION: Approved a 90-day retroactive extension of time (to expire August 22, 1995). ITEM BIO FROM THE PLANNING COMMISSION MEETING OF JULY 24r 1995 INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 15, 1995 Bi0 · 179s CONDITIONAL USE PERMIT NO. 3768 - REVIEW OF REVISED LANDSCAPE PLANS AND PROPOSED FREESTANDING FREEWAY-ORIENTED SIGN PLANs REQUESTED BY: GARY M. GRAUMANN, P.O. BOX 7458, Menlo Park, CA 94026 LOCATION: 3370 East La Palma Avenue. Petitioner requests review of revised landscape plans and proposed freestanding freeway-oriented sign plan in conjunction with Conditional Use Permit No. 3768 (to permit industrially-related sales in conjunction with a proposed 144,000 square foot electronics sales facility). ACTION TAKEN BY THE PLANNING COMMISSION: Approved revised landscape plans and proposed freestanding freeway- oriented sign plan. NOTE: SEE PUBLIC HEARING ITEM D2 ON TODAY'S AGENDA FOR MORE INFORMATION. Council Member Feldhaus posed questions which staff explained they were prepared to answer under the Public Hearing on this item (see Item D2. on today's agenda). END OF THE PLANNING COMMISSION ITEMS. D1. 179: CONTINUED PUBLIC HEARING - WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3751 AND NEGATIVE DECLARATIONs OWNER: REDA A. WASEF, 2324 Corydon, Norco, CA 91760 AGENT: FAYEZ SEDRAK, 1100 North Euclid St., Anaheim, CA 92801 15 C~TY OF ~NAHE~H~ C~L~FORN~ - COUNCIL HINUTES - ~UGUST L~ L995 LOCATION: 1100 North Euclid Street. Property is approximately 0.51 acres located at the northeast corner of La Palma Avenue and Euclid Street. To permit an accessory convenience market (with prepared food and off-premise sale and consumption of beer and wine) and an automated car wash with waiver of (A) required trees adjacent to street frontages (APPROVED), (B) required setback adjacent to an arterial highway (DENIED), and (C) landscape requirements adjacent to interior property lines (APPROVED, IN PART). ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3751 GRANTED, IN PART, denying sale of beer and wine (PC95- 55) (7 yes votes). Waiver of code requirement APPROVED, IN PART, Waiver (A) APPROVED; Waiver (B) DENIED, and Waiver (C) APPROVED, IN PART,. Approved Negative Declaration. Continued from the meeting of July 18, 1995, Item D2. HEARING SET ON: A letter of appeal of the Planning Commission's Decision was submitted by the owner, Reda Wasef and Public Hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - June 29, 1995 and July 6, 1995 Mailing to property owners within 300 feet - June 19, 1995 Posting of property - June 23, 1995 This matter was continued from the meeting of July 18, 1995 to this date at the request of the applicant. Council Member Tait. He declared a conflict on this item and will, therefore, abstain from any discussion and voting. Greg Hastings, Zoning Division Manager. Answering the Mayor, he explained he is not sure exactly what the applicant is appealing; however, the Planning Commission approved the Conditional Use Permit without the sale of beer and wine on the basis that the Police Department had concerns about crime in the area. Of the three waivers, one was deleted having to do with the setback and the other two were modified by the Planning Commission to try to obtain as much landscaping as possible. Also, there is a requirement in the code when adjacent to a residential property such as the mortuary zone to the east, that there be a large residential setback. Since the property is developed with a non-residential use, the Planning Commission reduced the landscape effect at the property line. The number of trees is still going to be there; however, the landscape depth has been reduced. Council Member Feldhaus. He asked if staff had the same letter as he does from the applicant regarding the appeal of the decision of the Planning Commission indicating that the removal of the existing most southerly driveway on Euclid Street will negatively affect his business and listing his reasons why. Joel Fick. The Traffic and Transportation Manager will comment on the driveway. Mayor Daly first asked to hear from the applicant and to describe his request. The applicant or a representative was not present to speak; the City Clerk confirmed the applicant was notified and, as the Council recalls, had requested the continuance of the Public Hearing at the Meeting of July 18, 1995 to this date. 16 CITY OF ANAHEIM, C~LIFORNIA - COUNCIL MINUTES - AUGUST 1, 1995 MOTION. Council Member Zemel moved to continue the subject Public Hearing for one week and that the applicant be renotified. Council Member Lopez seconded the motion. MOTION CARRIED. D2. 179z PUBLIC HEARING - WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO, 3768 AND NEGATIVE DECLARATION: OWNER: ROCKWELL INTERNATIONAL CORP., Attn: Charles B. Winn, 2201 Seal Beach Blvd., Seal Beach, CA 90740-8250 AGENT: GARY M. GRAUMANN, P.O. Box 7458, Menlo Park, CA 94026 LOCATION: 3370 East La Palma Avenue. Property is approximately 12.62 acres located on the south side of La Palma Avenue and approximately 1,308 feet west of the centerline of Grove Street. To permit industrially-related sales in conjunction with a proposed 144,000-square foot electronics sales facility with waiver of minimum landscape requirements. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3768 GRANTED, IN PART, with the added condition that the petitioner shall submit revised landscape plans (PC95-70) (6 yes votes, I absent). Denied waiver of code requirement. Negative Declaration previously approved. Informational item at the meeting of June 27, 1995, Item B6. HEARING SET ON: A letter of appeal of the Planning Commission's Decision was submitted by Gary Graumann, agent for the applicant, and Public Hearing scheduled this date. PUBLIC NOTICE REOUIREMENTS MET BY: Publication in Anaheim Bulletin - July 20, 1995 Mailing to property owners within 300 feet - July 20, 1995 Posting of property - July 21, 1995 STAFF INPUT: See staff report to the Planning Commission dated June 12, 1995. Annika Santalahti, Zoning Administrator. She was just speaking with the applicant. The project was approved in part by the Planning Commission in June. The Commission denied the landscape waivers and required as one of the conditions that the applicant submit revised plans showing landscaping in accordance with code as well ae showing the free-standing sign that was proposed along the south property line along the freeway. Revised plane were submitted to the Planning Commission which were approved but with other added requirements and with some slight modifications made in the interim which have been discussed with the applicant. If the Council approves, the landscape waiver would need to be approved but the applicant is providing the full number of trees as required by code in the front setback along LaPalma. They will also provide the number of required trees in the large parking lot shown in the posted drawing as required by code. The deviation in the landscaping would be that the landscape planters containing the trees in the rear parking lot would not separate every 10 parking spaces but would have more concentrated areas down the center aisle and against the building and then 14 trees scattered throughout or more on an average of 15 parking spaces between the planters. Additionally, the Planning Commission required that landscape planters against the freeway, rather than contain a ground cover, should contain shrubbery as well as ground cover to discourage anybody walking through them. They approved the sign exhibit as shown on the posted p~an 17 C~TY OF ~%N~IE~H~ CAL~FORN~ - COUNCIL H~NUTES - AUGUST ~ ~995 against the freeway. As a result of the changes, the modifications are as follows: Condition No. I requires that a lot line adjustment merging the two existing parcels be done because there are two parcels under one building. An alternative to that not worded in the condition but which can be added is that the applicant submit a letter indicating they would hold the parcels as one as long as that single building exists on the property. Condition No. 6 -- modified to replace Exhibit I with Revision 1 of Exhibit 1. Condition No. 7 -- modified requiring that the Planning Department and Redevelopment staff approve revised landscape plans showing that the tree landscaping in the rear parking lot comply with code requirements and that the shrub and ground cover be provided in the four planters against the freeway and that irrigation plans be submitted for all of the landscaped areas in the planters. An additional condition to be satisfied prior to the issuance of a building permit is that a 60 foot wide public road and public utility easement as shown on the approved site plan shall be provided along the south property line as required by City staff which was also discussed with the applicant. Mayor Daly asked for clarification that in all respects, the landscaping requirements have been met and what the sign deviation is from the normal requirement. Annika Santalahti. Ail landscaping code requirements have been met with the exception of the south lot having to do with the distribution of planters throughout the parking lot, but with the same number of trees as required by code. With regard to the sign, it was judged against the Northeast Area Specific Plan coming before the Council next week. Greg Hastings. The proposed sign is 352 square feet and the proposed standards for the Specific Plan are 150 square feet. Lisa Stipkovich, Executive Director of Community Development. Relative to the landscaping, the Council as the Redevelopment Agency will also be reviewing the landscaping plan next week. However, as part of the Redevelopment review process, they are requiring the developer to come back with a more specific plan identifying the types of trees, etc. and perhaps recommending at that point redistribution of the trees and making sure there is adequate space for the required amount of trees to be located within the parking lot. There will be another review process the Agency will go through with more specifics on landscaping which will be reviewed by the Redevelopment Commission as well. The sign issue is somewhat confusing. It was a very big issue with the FRY'S Company. When they came to the City initially, there were no specific guidelines or criteria for signage since the Specific Plan was not in effect or even available. The sign represented is proposed at 45' and that would be 40' from where the grade is at the freeway. The new specific plan would be requesting 35' so there is about a 5' differential on the height which is well below what FRY'S Company has been asking for so that is a compromise. Relative to the face of the sign, she does not believe the face will be as large as indicated because the calculations they are using under the new guidelines will consider the part of the sign that is lit up and colored. What they did agree on, the largest letter which is "F" in FRY'S will only be 18 C~TY OF ~I'IE~ CAL~FORNI~ - COUNCIL ~INUTES - AUGUST L~ ~995 10' maximum. The actual dimensions of the other piece of the sign that will be back lit has yet to be determined and will be significantly lower than the 350 odd square feet mentioned. The Redevelopment Agency and staff will want to see additional specifics on the signage before it is implemented. Mayor Daly opened the Public Hearing. Gary Graumann, Agent for FRY'S, Menlo Park. In working with Mrs. Stipkovich and her staff, the Redevelopment Agency and the Planning Commission, they have made quite a few modifications to what was originally proposed. In dealing with the property and with the things the prospective user of the property would need to be successful, these were the minimum requirements. They have made modifications and compromises in working with City staff-and the Agency. He is willing to answer any questions about the project; however, the things that were described are those that were discussed, i.e., landscaping, trees, etc., and they would comply with code. They are taking the lot down to one which will be done as a separate issue and modified as agreed. Mayor Daly asked if there was anything he heard this evening with which he disagreed and did he understand that it is a parallel process -- the City Council has to review the matter as a land use item but that the Redevelopment Agency is also involved. Gary Graumann. He understood and has been working with this on a daily basis. With respect to the sign and the 10' "F", there are inherent size restrictions where the logo of the company has to fit into a particular sign. One thing not mentioned was screening of the equipment on the roof. The AC units will be on top. The equipment there today is much larger than the replacement units that will be installed. The size will probably be half of the present equipment and there will be no ducting from the side to the top of the building. Annika Santalahti. Council will be approving the Conditional Use Permit in full including a landscape waiver in the manner modified as articulated plus revisions to Condition No's. 5, 6 and 7 and 8 will be revised because a new condition is added and there will be a new Condition No. 11. The Mayor asked to hear from anyone else who wished to speak. Jeff Kirsch, 2661 West Palais, Anaheim. As a person who is interested in trees, he is concerned about the concentration of the trees as well as the definition since a palm tree would not be considered an adequate shade tree even though used extensively. There needs to be some other kind of tree for shaded Parking. Lisa Stipkovich. The type of trees will be reviewed by staff in the Redevelopment process. City code requires 15-gallon trees minimum. Staff is concerned about the distribution of the trees as well and if they can physically fit within the planters as defined. In their review, staff will make certain there will be adequately sized trees properly defined. The Redevelopment Commission will be reviewing those design issues specifically. Mayor Daly closed the Public Hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Mayor Daly, seconded by Council Member Zemel, the City Council approved the negative declaration upon finding that it has considered the negative declaration 19 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES - AUGUST 1, 1995 together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Mayor Daly offered Resolution No. 95R-144 for adoption granting Conditional Use Permit No. 3768 with the modifications to certain conditions as articulated by the Zoning Administrator and adding Condition No. 11. Refer to Resolution Book. RESOLUTION NO. 95R-144: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3768. Roll Call Vote on Resolution No. 95R-144 for adoption= AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS= MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly None None The Mayor declared Resolution No. 95R-144 duly passed and adopted. Cl. COUNCIL COMMENTS: There were no Council Comments at this time. C2. REPORT ON CLOSED SESSION ACTIONS= City Attorney Jack White stated that there are no actions to report. ADJOURNMENT= By general Council consent, the City Council Meeting of August 1, 1995 was adjourned in memory of the four students from Katella High School. (8:04 P.M.) LEONORA N. SOHL SECRETARY 20