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1992/03/03City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 3, 1992, 5:00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann Sauvageau DIRECTOR OF MAINTENANCE: John Roche DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson INTERGOVERNMENTAL RELATIONS OFFICER: Kristine Thalman PLANNING DIRECTOR: Joel Fick ASSISTANT PLANNER: Gregory McCafferty SENIOR PLANNER: Linda Johnson A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:05 p.m. on February 28, 1992 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the workshop portion of the meeting of March 3, 1992 to order at 3:06 p.m. City Manager, James Ruth. He introduced Maintenance Director, John Roche and Public Works Director and City Engineer, Gary Johnson who will make a presentation on the status of City streets and arterial highways in terms of maintenance and impact of budget cuts on the Maintenance program. 132: STREETS AND SANITATION - CITY STREETS AND ARTERIAL HIGHWAYS: John Roche, Maintenance Director. He is going to address the local streets and if time permits will address three additional issues - the condition of sidewalks in the City, sewer deficiency in Central City and a storm drain plan. Local streets are neighborhood type streets - arterial highways are those such as Ball Road under the jurisdiction of Public Works/Engineering. (Mr. Roche's presentation was supplemented by slides.) Hard copies of the charts, graphs, maps, etc., were submitted in a booklet entitled, City of Anaheim - Department of Maintenance - Council presentation - March 3, 1992 - made a part of the record. Based on annual surveys, the Department is able to determine the deficiencies in local streets. The Local Street Condition report showed the percentage of work presently needed on local streets. Only 20% of the local streets do not require work at this time. He briefed street maintenance techniques showing slides of City crews utilizing different procedures (i.e., fog seal, slurry seal, resurfacing, etc.), explaining that the City uses a combination of City crews and private contractors to repair and maintain streets. He also briefed the average life expectancy of City streets and cost of repairs. After his presentation, Mr. Roche stated that the recommendation is to continue with a good program of seal coating, resurfacing and reconstruction and to try 144 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 3, 1992, 5:00 P.M. to prevent or eliminate potholes wherever possible. They have fallen behind because of budget difficulties and in 1992 - 1993 as shown on the graph, the department is almost 1 million dollars behind relative to maintenance. The recommendation is to revert to a consistent funding program to keep the streets well maintained. council Members then posed questions on this portion of the presentation which were answered by Mr. Roche. ARTERIAL HIGHWAYS: Gary Johnson, Director of Public Works and City Engineer. He noted first that Anaheim is not the only City experiencing difficulty in maintaining their streets and street program; all other cities in California are experiencing the same thing. The trend began two to three years ago when the economy took a down turn. Relative to arterial streets, there is competition with funding. It is necessary to provide for capacity enhancements for new business to come into the City to promote economic growth. The goal is to relieve congestion, but also balance the program and provide a level of maintenance for the arterial system. Funds are not presently available to do what they would like to do. There are almost 700-lane miles of arterials in the City. Considering the system as an asset, just the pavement between the : curbs, the arterial system is worth 135 million dollars. It is more than double the local system (60 million dollars) if it had to be reconstructed. Mr. Johnson's presentation was then supplemented by slides which showed certain areas of the City and major arterials along with their average daily capacities. He briefed road deterioration versus time. The typical pavement life cycle is approximately 20 years. Public Works tries to intercede in about the 10th year, but if arterials are allowed to continue in decline, there is a 40 percent increase in deterioration over a very short period of time. It is very important to do something at about the 10th year or go into total reconstruction of the street. The department has completed their Pavement Management Survey. The map shown in the slides indicates the streets that are in need of repair. A report relative to deficiencies will be submitted to the Council at a later date. The deficiency in funding amounts to approximately 52 million dollars. A 10 year rehabilitation plan would require devoting about 8 million dollars a year to the arterial system whereas it is now 4 to 5 million. It takes slightly over 4 million dollars a year to keep the deficiency at a level plane. At the conclusion of his presentation, Mr. Johnson answered questions posed by Council Members. Both Mr. Roche and Johnson noted that rain causes deterioration in local streets and arterials. Deterioration has been at a minimum over the past 5 years. Recent heavy rains have resulted in many potholes that were not evident in recent past winters. John Roche, Maintenance Director. He then briefed the Council regarding three areas involving long-term funding issues - sidewalk repairs, sewer deficiency in the Central City area and the National Pollution Discharge Elimination System (NPDES). (These three issues were also covered in the 145 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 3, 1992, 5:00 P.M. booklet submitted. Hard copies of a number of slides that were then shown were contained in the booklet). An overview was given of sidewalk related complaints and the necessary funding to effect a repair program. Sidewalks have always been a general fund expense, but they could be financed by other methods. The department will come back to the Council at a later date with a proposal for funding other than from the General Fund. SEWER DEFICIENCIES - CENTRAL CITY AREA= In the Central City Area (boundaries depicted in a slide - hard copy included in the report), there is a 6 inch sewer line system in that area. The numbers shown represent 1990 Census Tract Data. The replacement of many single-family homes with multi-family housing units in the Central City area has increased population density beyond the capacity of the existing sewer system. With such large densities come tremendous sewer problems. The normal cleaning schedule throughout the City is eighteen months - in the subject area, it is every four months. Over $70,000 has been spent in overtime alone as a result of crews having to work weekends and at night to handle sewer problems in that area. Maintenance along with the Public Works Department is undertaking a sewer study of the area with recommendations to be submitted to Council. The issue is how to fund almost 5 million dollars in upgrading and it must be addressed. There is a ~ possibility it could be done by special assessment districts or an extra charge on sewer rates. NPDES= The National Pollution Discharge Elimination System is one established under the Water Pollution Control Act (Clean Water Act) in 1972. It regulates the pollution levels of discharges into the waters of the United States. Cities and Counties are mandated to develop a Drainage Area Management Plan (DAMP) to comply with NPDES permit requirements. A number of the activities required by DAMP are currently being performed and are included in the operating budget of the Sanitation Fund programs; other activities are not being budgeted and will require additional funding. The plan and implementation schedule are included in the documentation provided. This is another funding issue subsequently to be submitted to the Council for consideration. City Manager, James Ruth. The second presentation today is a legislative update by Intergovernmental Relations Officer, Kris Thalman. 139: LEGISLATIVE UPDATE: Kris Thalman, Intergovernmental Relations Officer. She briefed the events taking place at the upcoming National League of Cities Conference, March 8-11, 1992 in Washington D.C. which will be attended by some Council Members and some City staff members. At the local (Anaheim) level there are four highly significant issues which will be the focus when meeting with the City's congressional members and representatives= ARTIC/RAI~ - This is the proposed AnaheimRegional Transportation Intermodel Complex (ARTIC) proposed near Anaheim Stadium. (Documents relating to the system as well as a draft brochure - 'Anaheim on the Move' was submitted and made a part of the record). She briefed the material contained in the brochure emphasizing that a transportation system such as ARTIC is necessary for the City to continue into the next century in order to maintain economic viability, maintain mobility and improve air quality. 146 City Hallt Anaheimt California - COUNCIL MINUTES - MAR. CH 3~ 1992, 5:00 P.M. DRUG AND GANG ABATEMENT PROGRAM FUNDING - Members of Congress need to know what the City is doing at the local level and that a drugs appropriation is needed at the local level where it can truly make a difference. TAX AND BANKING LEGISLATION- Arbitrage rebate has been ongoing since the beginning of time. Proposed legislation is a federal income tax on tax exempt bonds. It is taxing municipal agencies who issue bonds, funds they believe should be reinvested in the community. JOBS LEGISLATION- So far there are approximately eight anti-recession plans dealing with the creation of jobs to stimulate the economy. The funds are a shift in defense program funds to domestic programs distributed to local government public works projects. The criteria to capture these funds is the ability to create those jobs quickly, some as quickly as 90-days. An internal city task force has been established to identify those projects within the City which are ready to go or on the shelf. She named eight such projects which could create approximately 1800 jobs. -. This schedule of projects will be brought to the City Manager within- the next month and subsequently to the City Council for policy direction. There is no indication at this time whether or not the subject legislation will pass. Mayor Hunter and Council Members thanked Mrs. Thalman for her presentation. RECESS - REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items= a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9 (a), to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46~ Anaheim Stadium Associates vs. City of Anaheim, et al., Orange County Superior Court Case No. 44-81-74. 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. 147 City Hallt Anaheim, California - COUNCIL MINUTES - .MARCH 3t 1992~ 5:00 P.M. Council Member Pickler motion to go into closed session, Council Member Ehrle seconded the motion. MOTION CARRIED. (3=50 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. (5:32 p.m. ) INVOCATION: Pastor Bruce J. Cramer, Anaheim First Christian Church, gave the invocation. FLAG SALUTE= Girl Scout's Anaheim Honor Unit led the assembly in the Pledge of Allegiance to the Flag. 119: ~ROCLAMATIONS: The following proclamations were issued by Mayor Hunter and authorized by the City Council= Girl Scout week, in Anaheim, March 17-14, 1992 Tree City USA day, in Anaheim, March 4, 1992 Hire an Older Worker week, in Anaheim, March 8-14, 1992 Volunteer Recognition month, in Anaheim, March, 1992 American Red Cross month, in Anaheim, March, 1992 Mrs. Nancy Renzo and Pat Voas along with the Girl Scout's Anaheim Honor Unit who presented the colors and gave the flag salute accepted the Girl Scout's week proclamation~ Mr. Frank Jacobson, Doug Gibson and Larry Slagle accepted the Hire an Older Worker week proclamation~ Volunteer Recognition Banquet Ad Hoc Committee Members Kathleen Benson, Elsie Jones, Ruth Mendez, Ruby Rivers, Betty Soto, Ruben Soto, Helen Ward and Linda Hoffman accepted the Volunteer Recognition month proclamation~ Diana Burns and Anna Opelt accepted the American Red Cross month proclamation. 119: PR~_SENTATION - INTRODUCTION - MISS ANAHEIM/AMERICA...- Mrs. Earline Jones, Executive Director, Mrs. Anaheim/Miss America introduced Tammy Renae Konegni, the new Mrs. Anaheim/Miss America who won the title at the Mrs. Anaheim ~¢hol~rship Pageant held February 28~ 1992. Mayor Hunter presented Mrs. Konegny with flowers and extended congratulations on behalf of the Council and the City on having won the recent competition. Council Members wished her well in the Mrs. California competition ultimately leading to the Mrs. America Pageant. Council Member Pickler extended special thanks to Earline Jones who has dedicated many years to the Mrs. Anaheim/America Pageants. 119= DECLARATION OF .CONGRATULATIONS= A Declaration of Congratulations was unanimously adopted by the City Council congratulating United of Western Medical Centers on their 90th anniversary of providing health care to the community. Mr. Larry Slagle, Chairman of the Board, Anaheim facility, accepted the declaration. Mayor Hunter and Council Members commended United Western for their contributions to the community. 148 City Hall, Anaheimt California - COUNCIL MINUTES - MARCH 3~ 1992, 5:00 P.M. FINANCIAL D~~S AGAINST THE CITY in the amount of $2,364,630.90 for the period ending February 28, 1992, in accordance with the 1991-92 Budget, were approved. Mayor Hunter recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5: 57 p.m. ) Mayor Hunter reconvened the City Council meeting. (5:59 p.m. ) PUBLIC COMMENTS - AGENDA ITEMS: Public comments were received relative to Item A17 (see discussion under that item). ITEMS OF PU~C INTEREST: Bill Cox, 1956 W. Harle, Anaheim, 92804. He prefaced his comments by clarifying that he has respect and admiration for the City's Police Department. His concern is with the difficulty in obtaining a police clearance in the City of Anaheim. He briefed the incident which took place when he tried to obtain a police clearance needed to get a visa for a passport. In Anaheim, he was given a form to send to Sacramento and was told it would take 60-days. It was also implied by the officer at the desk this was State law. He was ~ concerned over the time element involved. He called a number of cities in Orange County to learn of their procedure. Of the seven cities and one agency- he reported on, all but one gave police clearances on the spot at a cost from a minimum of $5 to a maximum of $15. (The Orange County Sheriff's Department will mail a clearance within three days). He obtained a clearance one afternoon at the Sheriff's Department and found while he was there that several people were asking for such a clearance in order to obtain a Job, which he feels is an even more important issue than trying to'obtain a visa. He feels it is not fair that Anaheim is the only city in North Orange County that has an oppressive policy and it is not State law. Mayor Hunter requested that an appropriate staff member contact Mr. Cox regarding this issue. Rick Vaughn, resident and businessman in Anaheim. He asked who is best qualified to spend tax money, the government or the people. He referred to the 2% Anaheim Utilities User Tax enacted by the Council with the agreement that in the next general election the tax would be proposed to the taxpayers. The next election is June 2, 1992. The Orange County Registrar of Voters told him that March 6, 1992 is the deadline to submit the necessary documents to the County for inclusion on the June 2, 1992 ballot, otherwise it would be necessary to wait until November, before doing so which by that time will cost taxpayers 3.3 million dollars in Utilities User Tax payments. He urged that the issue be placed on the June ballot. 149 City Hall, Ana_he!_mm California - COUNCIL MINUTES - MARCH 3m 1992, 5:00 P.M:. Dennis Hardin, 1300 S. Harbor Blvd., representing the Anaheim Chamber of Commerce. He agrees with Mr. Vaughn and also urged that the issue be placed before the voters on the June 2, 1992 ballot. Of the 3.3 million dollars that would be paid between June and November, he would guess that the majority is coming from the business community. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Pickler, seconded by Council Member Ehrle, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar~ Council Member Pickler offered Resolution Nos. 92R-40 and 92R-41 for adoption and Ordinance Nos. 5287 through 5289, both inclusive, for adoption. Refer to Resolution/Ordinance Book. WAIVER OF READING - RESOLUTIONS /ORDINANCES ~.. The titles of the following resolutions and ordinances were read by the City Manager. (Resolution Nos. 92R-40 and 92R-41 for adoption and Ordinance Nos. 5287 through 5289, both inclusive, for adoption. ) ~- Council Member Pickler moved to waive the reading in full of the resolutions and ordinances. Council Member Ehrle seconded the motion. MOTION CARRIED. 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 Tamera Bond for property damage sustained purportedly due to actions of the City on or about January 1, 1992. b. Claim submitted by Bonny-Jo Ellis for property damage sustained purportedly due to actions of the City on or about February 2, 1992. c. Claim submitted by Rafael Garcia for property damage sustained purportedly due to action8 of the City on or about January 6, 1992. d. Claim submitted by Michael D. Gerth dba Matterhorn Apartments for property damage sustained purportedly due to actions of the City on or about February 12, 1992.- e. Claim submitted by Kathi S. Granik for property damage sustained purportedly due to actions of the City on or about January 17, 1992. f. Claim submitted by Dennis A. Matthews for property damage sustained purportedly due to actions of the City on or about February 5, 1992. g. Claim submitted by Mary Justine Hum~er for bodily injury sustained purportedly due to actions of the City on or about November 24, 1991. 150 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 3, 1992, 5:00 P.M. h. Claim submitted by Duane Stout for property damage sustained purportedly due to actions of the City on or about January 29, 1992. i. Claim submitted by Thomas J. Walls for property damage sustained purportedly due to actions of the City on or about February 4, 1992. J. Claim submitted by Anthony Grossi for bodily injury sustained purportedly due to actions of the City on or about July 16, 1991. k. Claim submitted by Jennifer Kerstner for property damage and bodily injury sustained purportedly due to actions of the City on or about July 5, 1991. 1. Claim submitted by Sawas Roditis for bodily injury sustained purportedly due to actions of the City on or about July 29, 1991. m. Claim submitted by Diana Lynn Sanner for bodily injury sustained purportedly due to actions of the City on or about November 13, 1991. A2. 186: Receiving and filing Resolution No. APFA 92-1, fixing time and place of regular meetings, and establishing the order of business and rules for the proceedings of the Anaheim Public Financing Authority. 107: Receiving and filing the Building Division Annual Report for 1991. 107: Receiving and filing the Statistical Report Summary ending January 31, 1992, as submitted by the Building Division. 105: Receiving and filing minutes of the Public Utilities Board meetings held January 16, 1992, and February 6, 1992. 178: Receiving and filing Resolution No. 8358 of the Board of Directors of the Metropolitan Water District of Southern California, giving notice of intention to consider and act upon recommendation to impose water standby charges and availability of service charges. A3. 175: Approving a Notice of completion of the construction of Meter Vault Rehabilitation and Replacement (city-wide), by Atlas Allied, Incorporated, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A4. 123'. Approving a Cooperative Agreement with the State of California Department of Transportation (CALTRANS) for the maintenance of two changeable message signs (CMS) located on I-5 in the Commercial Recreation Area, and authorizing the Mayor and City Clerk to execute said Cooperative Agreement. The southbound CMS is located at Broadway and the northbound CMS is located one-half mile south of Katella Avenue. A5. 123: Approving the Second Amendment to Agreement with Kellogg Corporation, extending the term of the agreement for claims consulting services for the Police 2000 project. 151 City Hallt Anahelmt California - COUNCIL MINUTES - .MARCH 3~ 1992~ 5:00 P.M. A6. 160: Accepting the low bid of VIP Motorcycles, in the amount of $35,310 for six police motorcycles, in accordance with Bid $5027. A7. 123: Accepting the bid of Montgomery Elevator Company, in the amount of $232,200, and authorizing the execution of an agreement with Montgomery Elevator Company for the maintenance of elevators and escalators at Anaheim Stadium, for a period of three years (July 1, 1991 to June 30, 1994), in accordance with Bid $4926. A8. 160: Accepting the low bid of Microage Corporate Center, in the amount of $35,802 for computer hardware equipment, in accordance with Bid $5014. Authorizing the transfer of expenditure appropriations from account no. 55-468-5115 to account no. 55-468-5515 in the amount of $35,802. A9. 175: RESOLUTION NO. 92R-40: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA AUTHORIZING THE INVITATION OF PROPOSALS FOR THE PURCHASE OF NOT TO EXCEED $6,400,000 WATER REVENUE BONDS, 1992 SERIES; OF SAID CITY; APPROVING THE NOTICE INVITING BIDS AND THE NOTICE OF INTENTION TO SELL BONDS; AND AUTHORIZING THE DELIVERY OF THE PRELIMINARY OFFICIAL STATEMENT AND THE PUBLICATION OF THE NOTICE OF INTENTION TO SELL BONDS AND THE NOTICE ~' INVITING BIDS. Al0. 113:. R~SOLUTION NO. 92R-41: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN 100 DAYS OLD. (Erasure of Voice Recording Tapes $334 through $357 and $359 through #394 - Utilities Department, Systems Operations Division. ) All. 123: Approving an Agreement with the Orange County Consolidated Transportation Service Agency, in the amount of $30,218 to provide transportation services to senior citizens for the period of July 1, 1991 through June 30, 1992. A12. 123: Approving the renewal of the agreement with Major League Softball, Incorporated, in an amount not to exceed $175,055 for scorekeeping services, for the period of March 7, 1992 through July 1, 1993. A13. 179: ORDINANCE NO. 5288 - (ADOPTION}: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.94.040 AND ADDING SECTION 18.94.025 TO CHAPTER 18.94 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SENIOR CITIZENS' APARTMENT PROJECTS. -- 155: Approving a Negative Declaration in connection with providing additional affordable housing opportunities for very iow-income senior citizens, and to provide for design review of senior citizen apartment projects city-wide. A14. 179: ORDINANCE NO. 5289 - (ADOPTION): AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 18.99 TO TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO DENSITY BONUS. 114: Amending City Council Policy Number 543 city-wide. 152 City Hall, Anahgimt California - COUNCIL MI. NUTES - MARCH 3t 1992~ 5=00 P.M. 155: Approving a Negative Declaration in connection with the implementation of a density bonus program to provide affordable housing opportunities for iow-income individuals and families. A15. 123: Approving the Agreement Extending Tolling of Time Limitations with Whiting-Turner Contracting Company, to extend the tolling of any applicable statutory limits for legal action through June 30, 1992, for the Police 2000 project. A16. 156: RESOLUTION NO. ---- : Authorizing the Chief of Police to accept charitable contributions and issue receipts for said contributions in connection with community programs which are managed by the Police Department. (Continued from the meeting of January 28, 1992, Item A16. ) This item was removed from the agenda at this time as requested by the Police Department to be rescheduled at a later date. A17. 101= Awarding the contract to the lowest and best responsible bidder R.J. Noble, in the amount of $2,402,945.90 for Anaheim Stadium Parking Lot Improvement; and in the event said iow bidder fails to comply with the terms -- of the award, awarding the contract to the second Iow bidder, as well as waiving any irregularities in the bids of both the Iow and second iow bidders. Mr. Ed Lynch, 5380 Mountvernon Avenue, Chino. He is the owner of L & W Engineering Contractors. His company is involved with the heater scarification process which is one of the alternates on the subject bid. He is a subcontractor on that bid. He urged the Council to accept the recommendation of City staff. There are two alternative methods at issue - one is the addition of the rubberized asphalt and the other is the heater scarification process which he is involved in. His process is $130,000 cheaper. He reiterated his presence tonight is to urge the Council to accept the City staff recommendation in this matter. Donna Carlson, Laguna Niguel, Public Relations Consultant, representing the Asphalt Rubber Division of Manhole Adjusting which is a subcontractor/materials supplier which calls for the addition of scrap tire rubber to the asphalt. Her client has previously submitted information to the Council. She would be happy to answer any questions since they may not be technique familiar with this paving technique. This paving project is different in that this is a facility that cannot stand a great amount of time being tied up in tbs paving process. The difference in time is an additional 20-days that would be involved in the process recommended by staff. Twenty (20) days means twenty more times to send out City inspectors and workers. There are additional cost factors that should be examined by the Council - lifecycle cost and maintenance that may be required. Council Member Pickler asked for clarification relative to the staff recommendat ion. Gary Johnson, Public Works, Director of City Engineer. Staff is recommending the Conventional Application. He also clarified that the second, third and fourth bids are those recommended since the lowest bidder withdrew their bid 153 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 3, 1992, 5:00 P.M. due to an error in preparing the bid. Answering Council Member Ehrle, relative to the time frame for completion, the specification requires the contractor to work around the events schedule at the stadium so that it will not be inconveniencing any tenants. A18. 175: ORDINANCE NO. 5287 - {ADOPTION): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CERTAIN PROVISIONS OF ORDINANCE NO. 4415 OF THE CITY COUNCIL (AS HERETOFORE SUPPLEMENTED AND AMENDED). (Redefining surplus moneys from water revenue bonds. ) Al9. Approving the minutes of February 4, 1992. Roll Call Vote on Resolution Nos. 92R-40 and 92R-41 for adoption: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 92R-40 and 92R-41 duly passed and adopted. -. Roll Call Vote on Ordinance Nos. 5287 through 5289, both inclus£ve, for adoption: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance Nos. 5287 through 5289, both inclusive, duly passed and adopted. End of Consent Calendar. BOARD AND COMMISSION ITEMS: A20/A21. 105: APPOINTMENTS TO THE SENIOR CITIZENS COMMISSION AND COMMUNITY REDEVELOPMENT COMMISSION: (1) Appointment to the Senior Citizens Commission to fill the unscheduled vacancy (Seymour, term expires 6/30/92). (2) Appointment to the Community Redevelopment Commission to fill the unscheduled vacancy (Feldhaus,-term expires 6/30/95). Mayor Hunter. He would like to continue the subject appointments for one or two weeks; Council Member Ehrle. He is ready to nominate a gentlemen tonight, but is agreeable to waiting. MOTION: Council Member Pickler moved to continue the subject appointments to the Senior Citizens Commission and Community Redevelopment Commission to Tuesday, March 17, 1992. Council Member Daly seconded the motion. MOTION CARRIED. 154 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 3, 1992, 5:00 P.M. ITEM B1 FROM TH~ PLANNING COMMISSION MEETING OF FEBRUARY 24, 1992, INFORMATION ONLY - APPEAL PER~OD ENDS MARCH 5, 1992: B1. 170: TENTATIVE. TRACT MAP NO. 14429, VARIANCE NO. 4136 (WITHDRAWN), SPECIMEN TREE REMOVAL PERMIT NO. 91-07 AND MITIGATED NEGATIVE DE. CLARATION: OWNERS: ED STERN, LINDA STERN, MANFRED A GLASTETTER, CHRISTA GLASTETTER, GARY F. LYONS, DONNA LEE LYONS, RAYMOND W. PEARSON, PAMELA J. PEARSON, CURTIS B. PEARSON, REITA BETH PEARSON, FRED GLASTETTER AND LORI GLASTETTER AGENT: FRED GLASTETTER, 25012 Via Del Rio, E1 Toro, CA 92630 LOCATION: Property is approximately 8.4 acres located on the west side of Henning Way approximately 350 feet south of the centerline of Quintana Drive. Waiver of minimum lot width to establish a 7-lot (plus a common lot, RS-HS-22,000 (SC), single-family subdivision. To remove fifty-eight (58) specimen trees. ACT~.ON TAKEN BY THE PLANNING COMMISSION: Tentative Tract Map No. 14429 APPROVED. NOTE: Variance No. 4136 and Specimen Tree Removal Permit No. 91-07 have a 22-day appeal period and will appear before Council on ~/~?/9~-. Approved Mitigated Negative Declaration. B2. 179: ORDINANCE NO. 5290 FOR ADOPTION: WAIVER OF READING - ORDINANCE: The title of the following ordinance was read by the City Clerk. (Ordinance No. 5290) Council Member Hunter moved to waive the reading in full of the ordinance. Council Member Pickler seconded the motion. MOTION CARRIED. Council Member Hunter offered Ordinance No. 5290 for adoption, amending Title 18 to rezone property under Reclassification No. 89-90-48, located at 1521 N. Imperial Highway, from the RS-A-43,000(SC) zone to the CL(SC) zone. Refer to Ordinance Book. ORDINANCE NO. 5,290: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclassification No. 89-90-48, located at 1521 N. Imperial Highway, from the RS-A-43,000(SC) zone to the CL(SC) zone.) Roll Call Vote on Ordinance No. 5290 for adoption: AYES.- COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5290 duly passed and adopted. 155 City Hallt Anaheim, California - COUNCIL MINUTES - MARCH 3t 1992~ 5:00 P.M. B3. 179: REOUEST FOR REHEARING - VARIANCE NO. 1323~ CATEGORICALLY EXEMPT~ CLASS 21= Submitted was a request for a rehearing on the subject variance submitted by Carl and Franceska Honigmann, owners, Barbary Coast, 2230 W. Colchester Drive, Anaheim. At a public hearing held before the Council on February 4, 1992, the City Council modified Variance No. 1323 which included a six-months review of the business in six months as outlined in Resolution No. 92R-24 (see minutes that date where extensive input was received). Also submitted was letter dated February 19, 1992 from Jeff Farano, Farano & Kieviet, 100 S. Anaheim Blvd., Attorneys for the Honigmanns outlining in detail the reasons for the request for a rehearing (previously made a part of the record). Mr. Jeff Far&no, Farano a Kieviet. He is representing the owners of Barbary Coast, Mr. & Mrs. Nonigmann. At the public hearing on February 4, 1992 regarding Variance No. 1323, the Council at that time agreed that there was insufficient evidence to revoke the variance for the Barbary Coast to operate~ Just as there were insufficient reasons at that time to revoke Barbary Coast, he believes the evidence was insufficient to revoke the variance within six months. At the hearing on six separate occasions, it was discussed that the matter would be up for review in six months. He (Farano) agreed to that. Upon reviewing the resolution (92R-24), the condition placed in the resolution was that the variance would terminate within six months and come back for renewal at that time. His request for a rehearing is to modify the condition from a termination to a review period as it was the intention of the City Council at the hearing and what he agreed to. There is a substantial difference between a review in six months and a renewal in six months. The renewal simply means they have to come back and ask for another permit, i.e., it expires in six months. He reiterated, since the evidence was insufficient to support revocation at this point, it is insufficient to support revocation within six months. MOTION: Council Member Hunter moved to deny the request for a rehearing on Variance No. 1323. Council Member Pickler seconded the motion. MOTION CARRIED. B4. 179= REOUEST FOR EXTENSION OF TIME - VARIANCE NO. 4111 NUTWOOD PARK APARTMENTS: - The request was submitted by David F. Larson, Real Estate Investment Brokerage, 2907 Baker Street, Costa Mesa, CA 92626. The property is located at 1668 S. Nutwood Street. The petitioner requests an extension of time retroactive to February 7, 1992, to expire on May 7, 1992, to comply with the conditions of approval. Variance No. 4111 is for waiver of minimum structural setback, minimum number of parking spaces, minimum floor area per dwelling unit, to retain two illegally constructed apartment units. 156 City Hall, Anaheimt California - COUNCIL MINUTES - MARCH.. 3t 1992~ 5=00 P.M. Submitted was report dated February 19, 1992 from the Zoning Administrator, Annika Santalahti recommending the 90-day time extension as requested by Mr. Larson in his letter dated January 30, 1992 retroactive to February 7, 1992 to expire May 7, 1992. MOTION.: Council Member Pickler moved to approve the requested extension of time for 90-days retroactive to February 7, 1992 to expire May 7, 1992 as recommended by staff. Council Member Simpson seconded the motion. Council Member Daly voted no since he voted no when the item was originally heard by the Council. MOTION CARRIED. BS. 179= REQUEST FOR EXTENSION OF TIME - VARIANCE NO. 4091= The request is by Duane R. Mahan, 15308 Bixler, Paramount, CA 90723. The property is located at 2831 West Ball Road. The petitioner requests an extension of time to expire on February 26, 1993 to comply with conditions of approval on Variance No. 4091 relating to the retention of a 13th dwelling unit within an existing 12-unit apartment complex. Submitted was report dated February 20, 1992 from the Zoning Administrator, Annika Santalahti recommending approval of the time extension to expire February 26, 1993. MOTION= Council Member Pickler moved to approve the extension of time on Variance No. 4091 to expire February 26, 1993 as recommended in report dated February 20, 1992. Council Member Ehrle seconded the motion. Council Member Daly voted no since he voted no when the item was originally heard by the Council. MOTION CARRIED. B6. 179= REOUEST FOR EXTENSION OF TIME - CONDITIONAL USE PERMIT NO. 2651= The request is by Dwight D. Belden, Vice President, Hillman Properties West, Inc., 450 Newport Center Drive, Suite 304, Newport Beach, CA 92660-7640. The property is located at 2400 and 2420 E. Katella Avenue. The petitioner requests an extension of time retroactive to February 26, 1992, to expire on February 26, 1993. The Conditional Use Permit is to permit a hotel and office complex with accessory uses and certain waivers. Submitted was report dated February 25, 1992 from the Zoning Administrator, Annika Santalahti recommending that a time extension be granted retroactive to February 26, 1992 to expire February 26, 1993 subject to three conditions as listed on page I of the report. -- Mr. Dwight Belden, 450 Newport Center Drive, Newport Beach. He would like to express their understanding of the conditions to extension of Conditional Use Permit No. 2651 recommended by City staff= 1) Ail parking spaces shall comply with the minimum parking stall dimensions in effect at time of building permit issuance. 2) Should a building permit - other than Permit $28123 which is currently in effect - be issued or reissued for the second office tower, then each and every fee required for new construction in the Anaheim Stadium Business Center shall be paid at the rates in effect 157 City Ha!l~ Anaheim~ California - COUNCIL MINUTES - MARC.H 3, 1992, 5:00 P.M. on the date of any subsequent building permit issuances; less credit for fees previously paid under the existing permit No. 28123. 3) In the event of any building permit reinstatement, the appropriate reinstatement fee shall be paid to the building division. He trusts that the interpretation is correct. Joel Fick, Planning Director. It is essentially correct. He mentioned to Mr. Belden there may be some fees under the building code with respect to that specific permit issuance that need to be repaid, but effectively the major items under the Stadium business fee program, which he believes is the major concern, staff will credit those. MOTION:. Council Member Hunter moved to approve the requested extension of time retroactive to February 26, 1992 to expire February 26, 1993 on Conditional Use Permit No. 2651 subject to the three conditions listed in staff report dated February 25, 1992. Council Member Pickler seconded the motion. MOTION CARRIED. 112: ~W~AR IN OF THOSE TESTIFYING AT PUBLIC HEARINGS~ 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. D1. 134: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 324, RECLASSIFICATION NO. 91-92-10, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3482 AND NEGATIVE DECLARATION: OWNER: ELSIE MENUEY, 27681 Via Turina, Mission Viejo, CA 92692. LOCATION: 2260 West Orange Avenue. Property is approximately 0.9 acre located on the south side of Orange Avenue and approximately 715 feet west of the centerline of Brookhurst Street. Amendment to the Land Use Element of the General Plan redesignating subject property from the existing Low Density Residential designation tO the Low-Medium Density Residential designation. To reclassify subject property from the RS-A-43,000 (Residential/Agricultural) Zone to the RM-2400 (Residential, Multiple-Family) or a less intense zone. To permit a 16-unit condominium complex with waiver of maximum structural height. ACTION TAKEN BY THE PLANNING COMMISSION: GPA NO. 324 GRANTED (PC92-09) (6 yes votes, 1 absent). Reclassification No. 91-92-10 GRANTED, modified to RS-5000 (PC92-10). Waiver of code requirement DENIED. CUP NO. 3482 DENIED (PC92-11). HEARING SET ON ~ A public hearing was set due to General Plan Amendment No. 324. 158 City Hallf Anaheim, California - COUNCIL MINUTES - MARCH 3r 1992r 5:00 P.M. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin- February 20, 1992 Mailing to property owners within 300 feet - February 19, 1992 Posting of property - February 21, 1992 PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated January 27, 1992. Staff first clarified for Council Member Pickler that the request is to go from the low-density designation to iow-medium density and the implementation zones within that designation are RM2400, RM3000 or RSS000. The designation just sets the overall density category under which several implementing zones could actually take place. APPLICANT STATeMeNT Blash Momeny, Business Center Drive, Irvine. He has not agreed to the reclassification to RSS000. He does not think RSS000 would be a good project in the subject location. The property is .9 acres. He is proposing a 16-unit condominium project which he described. He is going to brief the site plans ~osted on the : Chamber wall. Mayor Hunter. His understanding is that the discussion tonight will only involve the reclassification since the Conditional Use Permit was denied by the Planning Commission and that decision was not appealed. City Attorney White. Four items were originally taken to the Planning Commission. (1) the CEQA Finding for the Negative Declaration, (2) the General Plan Amendment to amend the land use element for the property from the existing low density to low-medium density, (3) the Zoning Reclassification - Property owner requested reclassification from the current RSA43000 to the RM2400 zone, (4) a Conditional Use Permit to construct a 16-unit condominium complex with waiver of structural height. The Planning Commission approved the Negative Declaration, the R$5000 and modified the Reclassification request to RSS000 consistent with the General Plan. The property owner had requested RM2400. The Conditional Use Permit for the 16-unit condominium complex was denied. The General Plan Amendment and Reclassification automatically came to the Council because the City Council has to act on all General Plan Amendments approved by the Planning Commission. The property owner did not appeal denial of the CUP. The Council tonight is acting on only the Negative Declaration, Reclassification and General Plan Amendment, but has no jurisdiction to consider plans on the CUP because it was not appealed. If the applicant wants to pursue specific plans for that project, depending upon Council's action tonight, he would 159 City Hall~ Anaheim~ California - COUNCIL MINUTES - MARCH 3t 1992t 5=00 P.M. be required to submit another application to the Planning Commission consistent with the zoning the Council decides to impose upon the subject property tonight. Mayor Hunter then asked that Mr. Momeny speak only to those items which the Council can act upon tonight - the Reclassification and the General Plan Amendment. Blash Momeny. He is requesting reclassification to RM2400 since, as he stated RSS000 is not a good idea at all for the property. No one will buy single-family homes at that location. It would be an odd project. This is an infill project and he believes RM2400 is the best zone and consistent with the area. His eastern neighbor is an apartment complex. Council Member Ehrle. He considers this piece of land a buffer between apartments and single-family homes. He questioned if the RS3000 zone was discussed as an alternative - condominiums but requiring additional space. Joel Fick, Planning Director. Staff's original recommendation was to consider a redesign of the project originally submitted. When the Planning Commission.. considered the request, they felt the project was overbuilt and not a well designed project. Upon hearing testimony from the neighbors and with single-family land uses to the north, west and south, they felt RSS000 was the most appropriate zoning to recommend to the Council. Blash Momeny. Staff never recommended reclassification to RSS000. The first time at the Planning Commission he proposed a 20-unit project and staff recommended approval of eighteen. The second time he reduced his project to 16-units and now staff has recommended he redesign the project in order to have more recreational area. He confirmed for Council Member Ehrle that economically he could not build single-family homes on the property. Nobody is willing to purchase, sell or develop single-family adjacent to apartments and nobody will buy the homes. Mayor Hunter opened the public hearing and first asked to hear from those in favor of the project~ there was no response. He then asked to hear from those in opposition, hopefully a spokesperson since by a show of hands approximately ~w~n~y-£iv~ ~0pl~ w~r~ pr~s~n~ in 0pp0si~i0n. PUBLIC DISCUSSION - IN OPPOSITION~ _ Eric Olbricht, 9861 Theresa, Anaheim. It is not exactly true that the property is adjacent to an apartment complex. The adjacent property shares a garage and a single-family home as a buffer already between the apartment complex and the subject property. Secondly, he stated the Commission never recommended RSS000. They recommended a redesign of his property. He reduced it to 16-units. Patricia Daniel, 9882 Miriam, Anaheim. It is an overly ambitious project and not suitable to go into their neighborhood. The 160 City Hallt Anaheimt California - COUNCIL MINUTES - MARCH 3, 1992~ 5.-00 P.M. SUMMATION BY APPLICANT = street will not carry the traffic. It will cause trouble with their school children. It is not an appropriate project at any time in this area. Bob Carter, 513 S. Aaron, Anaheim. He first confirmed they are not opposed to having single-family homes built on the property and are encouraging RSS000. One-and-a-half miles away at Cerritos and Gilbert there is another lot identical in size that has two-story, single-family homes built on it and they are all sold. He then addressed the buffer issue and also gave the results of his survey conducted in the area relative to land use. At any given time during the week day, two times a day, there are approximately 2,000 students/children on Orange Avenue. Their concern is density. Anything adding to that area has one more potential for tragedy. He is asking the Council to honor its commitment to the community to down zone property in the area wherever possible and to uphold the Planning Commission's decision to rezone the property to RSS000. Thomas Olbricht, 9441 Thistle, Anaheim. All the residents present wearing Orange Ribbons are in favor of the property being rezoned RSS000. Any zoning other than single-family homes is unacceptable and would adversely effect their quality of life and infringe on their rights of safety, privacy, peace and general welfare. Jim Parcher, 9321 Thistle, Anaheim. This project would expand the pressure on an already crowded Disney School. He reported on other large lots in the vicinity. If this high density use is permitted, it would be just a matter of a few years until the Council is faced with seven or eight similar requests for high density uses. Judith Krause, 601S. Greenwich, Anaheim. They are very concerned about the domino theory. If this property goes to medium density, there is nothing to stop variances being granted on either aide. She also spoke with a Mrs. Harris at Disney ~ch001 who is h0rr£££ed a~ ~he ~h0ugh~ 0£ even grea~er enr011men~ at the school. They are on the verge of having to bus children to other schools. Orange Avenue cannot take additional traffic. If the other two lots are granted a similar development, there will be close to 100 extra automobiles generated. She urged the reclassification to RSS000. Blash Momeny. He has had meetings with the neighborhood and discussed the project in every detail. He has not been able to accomplish their acceptance thus far. He has also contacted his immediate neighbors who would be most affected and all have agreed they would like to see RM2400 zoning. He thereupon submitted copies of letters signed by adjacent property owners in favor of his proposal. Also attached was a diagram showing surrounding land uses indicated by various colors. He briefed a site plan posted on the Chamber wall wherein he explained he 161 City Hall, Anaheim, Cali.fornia - COUNCIL MINUTES - MARCH 3, 1992, 5:00 P.M. would have probably been able to buy his next door neighbor's property and put in a cul-de-sac and develop them both to single-family. He will end up with a piece of land that is not wide enough to accommodate another cul-de-sac and he will have apartments on his east. He cannot develop country-type streets like Anaheim Hills. This is a mixed area and nobody will do that. He also pointed to a piece of property that was developed with only one-half cul-de-sac (later reported by staff that the development occurred in the County of Orange and that piece of property is still in the County). (~)UNCIL ACTION: There being no further persons who wished to speak; Mayor Hunter closed the public hearing. Council Member Ehrle. He did not realize the adjacent land was vacant or almost vacant. It is the Council's responsibility to encourage the best possible land use. RS5000 would perhaps be the best use because it encourages the adjoining neighbor to also put his into RSS000, enabling the consolidation of land into a package which would be the best thing for the neighborhood, rather than piecemeal development. Upon reflection of the site plan, they should stay with single-family homes in this neighborhood. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Hunter, seconded by Council Member Ehrle, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTIONS.- The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 92R-42 and 92R-43) Council Member Hunter moved to waive the readings in full of the resolutions. Council Member Daly seconded the motion. MOTION CARRIED. Council Member Hunter offered Resolution No. 92R-42 for adoption, approving General Plan Amen~en~ No. 324, Exhibl~ A and offered Kes01u~£0n No. 92R-43 for adoption, approving Reclassification No. 91-92-10 for RSS000 zoning. Refer to Resolution Book. -- RESOLUTION NO- 9~R-42~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AME~~NT NO. 324, EXHIBIT 'A'. RESOLUTION NO. 92R-43: 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. (RECLASSIFICATION NO. 91-92-10) Roll Call Vote on Resolution Nos. 92R-42 and 92R-43 for adoption AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter 162 City Hallr Anaheimr California - COUNCIL MINUTES - MARCH 3t 1992t 5:00 P.M. NOES: COUNCIL MEMBERS = None ABSENT = COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 92R-42 and 92R-43 duly passed and adopted. It was reaffirmed that the Conditional Use Permit was not an item for consideration at this hearing since the denial of the Conditional Use Permit was not appealed. RECESS~_ By General Consent the Council recessed for 10 minutes. AFTER RECESS= The Mayor called the meeting to order, all Council Members being present. (7:20 p.m.) D2. 179: PUBLIC HEARING - RECLASSIFICATION NO. 67-68-68:.. PORTION .1: Initiated by the Anaheim City Council under authority of Section 18.03.085 of the Anaheim Municipal Code to consider termination of Resolution No. 68R-220 (as such resolution applies to the hereinafter described property). Said Resolution was adopted in connection with Reclassification No. 67-68-68 and approved a resolution of intent to RM-1,200 zoning on certain property, including the following= A rectangularly-shaped parcel consisting of approximately 0.4 acre having a frontage of 95 feet on the east side of East Street, being located approximately 240 feet south of the centerline of La Palina Avenue, and further described as 752 North East Street. The basis for the proposed action is that the proposed RM-1,200 zoning does not comply with the Low-Medium Residential Density of the Anaheim General Plan. Said property is currently zoned RS-7,200 which zoning complies with the current Anaheim General Plan. PORTION 2: Initiated by the City of Anaheim under authority of Section 18.03.090 of the Anaheim Municipal Code to consider termination of Resolution No. 68R-220 (as such resolution applies to the hereinafter described property). Said Resolution was adopted in connection with Reclassification No. 67-68-68 and approved a resolution of intent to RM-7,200 zoning on certain property, including the following: An irregularly-shaped parcel consisting of approximately 0.9 acre having a frontage of 150 feet on the east side of East Street and being located approximately 335 feet south of the centerline of La Palina Avenue~ and A rectangularly-shaped parcel consisting of approximately 1.4 acres located on the northeast corner of Wilhelmina Street and East Street, and having frontages of approximately 221 feet on the east side of East Street and 271 feet on the north side of Wilhelmina Street. The basis for the proposed action is that (1) the proposed RM-1,200 zoning does not comply with the Low-Medium Residential Density of the 163 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 3, 1992~ 5:00 P.M. Anaheim General Plan, and (2) the owners of the subject parcels have failed to satisfy all conditions of approval (applicable to the aforesaid parcels) imposed in Resolution No. 68R-220. Said parcels are currently zone RS-7,200 which zoning complies with the Anaheim General Plan. City Clerk Sohl. She announced that at 3:18 p.m. today she received letters from two of the property owners, Robert Pacho at 752 N. East Street and Fred Sodemeyer regarding the property at 744 N. East Street which relate to the subject properties or some portion of those properties. Both letters are asking for a two-week continuance of the public hearing. City Attorney, Jack White. This item is divided into two parts relating to the resolutions of intent adopted in 1968 by the Council indicating at that time the Council's intent to rezone the property from R1 to R3. Those designations have been replaced - the R3 designation is commensurate with the current RM1200 zone. They previously received a request for one of the parcels to finalize the zoning on that parcel to RM1200. The Council several weeks ago, because of a change in the General Plan, that would have made the zoning inconsistent with the General Plan, failed to introduce or adopt the rezoning ordinance, thus .. necessitating that the Council schedule a public hearing to consider termination of the resolution of intent on that particular parcel. The second portion of the matter relates to the other remaining properties that are under resolution of intent in this area that are basically in the same position as the single parcel previously mentioned. Staff determined to set these for a hearing tonight to consider terminating the resolution of intent as to those additional parcels. These are separate actions which need to be taken because of different ways in which the items came to the Council. There are six parcels involved, five in the second portion of the hearing. One is owned by Massoud Monshizadeh, and two of the five property owners have requested a continuance. Because this is City initiated, he would be inclined to grant at least one continuance as to those parcels. As to Mr. Monshizadeh's parcel, if the Council wishes, they can consider that tonight. Mayor Hunter asked if anyone was present oppose to a two-weeks continuance of the foregoing iteme~ there was no response. MOTION: Council Member Hunter moved to continue the public hearing on Reclassification No. 67-68-68, Portions I and 2 to Tuesday, March 17, 1992 at 6=00 p.m. Council_Member Daly seconded the motion. MOTION CARRIED. Council Member Daly asked that at that time, the agenda summary be laid out differently since it is difficult to understand and the staff recommendation as well. D3. 155= PUBLIC _~!~_ARING - ENVIRONM~_NTAL IMPACT REPORT NO. 298~ ~ENERAL PLAN AMRNDMI~NT NO. 317 (PORTIONS 1 AND 2}, AND CYPRESS CANYON SPECIFIC PLAN NO. 90-3 (INCLUDING ZONING AND DEVELOPMENT STANDARDS AND A PUBLIC FACILITIES PLAN}= LOCATION= Subject property, which is described as the 1,546.5-acre Coal Canyon property (including the northerly 663-acre Cypress Canyon project area and the southerly 883.5-acre Tecate Cypress Preserve 164 City Hallt Anaheim, California - COUNCIL MINUTES - MARCH 3t 1992, 5:00 P.M. area), and is unincorporated land located within the County of Orange in the City of Anaheim's sphere-of-influence, and generally bordered on the north by the Riverside Freeway (SR-91) and the Coal Canyon Road interchange, on the west by the Gypsum Canyon property (Mountain Park development) recently approved by the Local Agency Formation Commission (LAFCO) for annexation to the City of Anaheim, on the south by unincorporated property within the County of Orange in the City of Orange's sphere-of-influence, and on the east by unincorporated property within the City of Anaheim's sphere-of-influence and by the Cleveland National Forest. REOUEST= General Plan Amendment No. 317 (Portions i and 2) is a request for an amendment to the Land Use, Environmental Resource and Management and Circulation Elements of the City of Anaheim General Plan. Portion i (northerly 663 acres) is a property-owner initiated request and Portion 2 (southerly 883.5 acres) is an Anaheim Planning Con~ission initiated request. Also requested by the property owner is adoption of the Cypress Canyon Specific Plan for the northerly 663 acres (Portion i of GPA 317) to serve as preannexation zoning and subsequently regulate the development of the site. A Fiscal Impact ~ Report has also been submitted as part of the project application. A Draft Environmental Impact Report (EIR No. 298) has been prepared for the project and circulated for public/responsible agency review in compliance with the California Environmental Quality Act (CEQA) and the State and City of Anaheim CEQA Guidelines. A Response to Comments document has been prepared to address the public/responsible agency comments on the Draft EIR. At the time Draft EIR No. 298 was circulated for public review, the original Cypress Canyon project acreage included the entire 1,546.5-acre Coal Canyon property. The southerly 883.5 acres has subsequently been acquired by the Nature Conservancy (a non-profit organization acting on behalf of the State Department of Fish and Game and the State Wildlife Conservation Board) for the preservation of a Tecate Cypress Tree Habitat Area. As a result of said sale, the applicant's proposed General Plan Amendment (GPA 317 Portion 1) and the Cypress Canyon Specific Plan project area have been reduced to 663 acres. The Planning Commission has initiated GPA 317 Portion 2 for the southerly 883.5 acres in order for the General Plan to reflect the preservation of permanent open space for said area~ The ~eneral Plan Amendment request includes, but is not limited to, proposals which would amend the existing Land Use Map for Portion 1 to establish revised boundaries and acreages for Hillside Low and Hillside Low-Medium Density Residential, school, park and open space land use designations, delete the Hillside Estate Density Residential land use designation, add the Medium Density Residential designation, increase residential densities to allow for a maximum of 1,550 dwelling units, decrease General Commercial acreage from 10 to 8 acres, delete the Commercial Recreation designation, modify the location of the fire station site and establish a site for an 165 City Hall, Anaheimt California - COUNCIL MINUTES - MARCH 3~ 1992~ 5:00 P.M. electrical sub-station and for Portion 2 to delete the Hillside Estate Density Residential, school and park designations and redesignate said areas for open space uses; amend the existing Circulation Map for Portion i to establish revised alignments and road classifications for Coal Canyon Road, Oak Canyon Drive and Santa Ana Canyon Road, add new collector roadways, and amend existing bikeway and riding and hiking trail plans to establish revised alignments and classifications and for Portion 2 to delete the Coal Canyon Road designation; and, amend the existing Environmental Resource and Management Map for Portion 1 to establish revised locations and boundaries for the neighborhood park, open space, and trails and for Portion 2 to delete a neighborhood park designation and establish revised boundaries for open space and potentially for trails. The proposed Cypress Canyon Specific Plan No. SP90-3 (including Zoning and Development Standards and a Public Facilities Plan) would provide for the development of up to 1,550 residential dwelling units, 8 acres of commercial uses, one elementary school, open space, and governmental uses and public improvements including, but not limited to, streets, sewers, public utilities, a fire station site, an electrical sub-station site and one neighborhood park. Related actions will include the Local Agency Formation Commission's (LAFCO) consideration of an application to annex the project area to the City of Anaheim, requests to the County of Orange for consideration of amending the Master Plan of Arterial Highways component of the County of Orange's General Plan Transportation Element, request for a Development Agreement between the City of Anaheim and Coal Canyon Company (the project applicant), infrastructure financing programs, subdivision plans, grading permits, and other actions related to the proposed development of the Cypress Canyon Specific Plan community. ACTION TAKEN BY THE PLANNING COMMISSION: GPA NO. 317 (PORTIONS 1 AND 2) GRANTED (PC92-06) (6 yes votes, I absent). Specific Plan No. 90-3 GRANTED (PC92-07) Specific Plan Zoning and Development Standards Granted (PC92-08). l~c ae~£on ~k~n on ~.IR NO. HEARING SET ON: Public Hearing necessitated by General Plan Amendment No. 317. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin- February 20, 1992 Mailing to property owners within 300 feet - February 19, 1992 Posting of property - February 21, 1992 PLANNING STAFF INPUT = See Staff Report dated February 24, 1992 to the City Manager/City Council submitted for the March 3, 1992 public hearing before the City Council with attachments A-F. 166 City Hall~ Anaheim, California - COUNCIL MINUTES - MARCH 3, 1992, 5:00 P.M. Mayor Hunter. Thirty (30) minutes will be allowed proponents and opponents of the project and subsequently the applicants will have a short rebuttal period. The 30 minutes will have to be proportioned among those who are going to speak. There will first be a project introduction by staff. (Note: Additional time was allowed to many of the speakers, both proponents and opponents. ) Linda Johnson, Senior Planner. She first described the project as outlined in the documentation and confirmed the request before the Council tonight. Draft EIR No. 298 was prepared to address the Environmental Impacts of the project and was circulated for public agency and interested party review in compliance with CEQA and the State and City of Anaheim CEQA guidelines. Three volumes of response to comments on the draft EIR have also been prepared. As the lead agency, the City of Anaheim staff conducted their own independent evaluation and analysis of the draft EIR and response to comment documents prior to releasing the documents for public review. The project is the result of numerous hours of City staff review and Planning Commission public hearings. Ail of the EIR documents as well as the Planning Commission resolution recommends City Council approval of the project. In the February 24, 1992 staff report to the City Council submitted for their March 3, 1992 meeting, it is noted staff and the Coal Canyon Company have reached concurrence on all aspects of the project including project zoning and development standards, conditions of approval, and mitigation measures. Staff recommends certification of EIR No. 298 with a statement of overriding considerations, adoption of General Plan Amendment No. 317, Portions 1 and 2, and adoption of Specific Plan No. 90-03. Staff recommended findings are set forth in greater detail in Attachment C of the February 24, 1992 staff report. APPLICANT · S STATEMENT: Mr. Mike Mohler, Coal Canyon Company, 25200 La Paz, Laguna Hills. His presentation will include a short slide show, state their position and then reserve time for questions and perhaps greater rebuttal time. The first slide, showed the general development plan depicting the project in relation to other adjacent properties which included the Saba project in Yorba Linda and Jasoneth Development also called the Mindeman R~nch. Re~pond£ng ~o ~heir commi~m~n~ ~o ~h~ Friend~ of Teca~ Cypress and the State Fish & Game Department Conservancy in April, 1991 Coal Canyon deeded 953 acres to the State of California on a discounted land value, 883 acres in Anaheim's sphere-of-influence and 70 within the sphere-of-influence of the City of Orange. This resulted in the splitting of the GPA before the Council tonight into two portions. One is the 663 acre Cypress Canyon's Specific Plan and the other the City Planning Commission initiated GPA for the 883 acres south of the Specific Plan Area. That second request was to clean up certain public facility and road items. Development items were included in the piece deeded to the State. This project is a logical conclusion of land uses as they push to Riverside County. All of the salient points relative to the project are contained in the staff report. Amongst the slides presented were those showing land use 167 City Hall, Anahe~mt California - COUNCIL MINUTES - MARCH 3t 1992~ 5=00 P.M. statistics, a general open space breakdown, traffic mitigation measures, an overview of the property, the Tecate Cypress Preserve, wildlife crossings, etc. Mr. Mohler then addressed other issues. One-half hour before the hearing, a letter was received directed to the Council from Dr. Paul Beier dated March 2, 1992. He referred to and read several portions of the letter as well as portions of a report by Dr. Beier dated August 1, 1990. (Cougar surveys in the San Joaquin Hills and Chino Hills - Orange County Cooperative Mountain Lion Study - previously made a part of the record. ) which addressed wildlife travel corridors. He agreed that paragraph 4, page 2 of Dr. Beier's March 2, 1992 letter had merit, the last two sentences of which stated, 'It is absolutely incumbent on the City to require the developer to monitor animal use of these alternative strips. If animal use of these strips is monitored, the failure or success will help reserve viable corridors in the future'. Mr. Mohler thereupon suggested that Planning Commission Mitigation Measure 3-12, if he is identifying it correctly, be amended to include a monitoring program at such time as the Wildlife Corridor Plan is submitted to the Planning Commission. They feel it would adequately address what they think is a very legitimate issue in an otherwise negative letter. He will be happy to answer questions. Mr. Bruce Young, 8280 Country Lake Drive, Orangevale, representing Jasoneth Development and Corona Highlands which owns 880 acres directly adjacent to the property. They have applied to annex the Riverside County portion of approximately 700 acres into the City of Corona. On the property are two culverts underneath the 91 Freeway which they feel provide a lasting alternative to the migratory path of wildlife. In Yorba Linda, they have already approved what has been called the Saba property, a development that would block off the Coal Canyon as any kind of viable alternative. Reality is, entitlements exist on that property and to ignore that puts some jeopardy to the existing ability for wildlife to migrate from the Santa Ana Mountains - Cleveland National Forest. They believe they have an alternative. They have proposed working closely with the Coal Canyon Company and City of Corona and would like to continue to work-with Anaheim City staff to develop a fully dedicated wildlife corridor that will remain in perpetuity to allow wildlife to migrate from the Santa Ana Mountains - Cleveland National Forest underneath the freeway without fear of vehicular interference and allow a permanent path from their property underneath the freeway without any develo~nent on the other side threatening that access and corridor. They looked at the report from Dr. Beier of August, 1990 and he (Beier) felt it was acceptable then and now he is saying it is not an acceptable corridor. He (Young) will venture to say at the Planning Commission hearing in Corona, Dr. Beier will be 168 City Hallt Anaheim, California - COUNCIL MINUTES - MARCH 3t 1992~ 5:00 P.M. saying this is the only corridor. The rhetoric changes between locations. They believe it can be developed. Along with the Coal Canyon Company, they have been working to memorialize this in an agreement. From their observation, Coal Canyon has shown great sympathy to the environment and dedicated a significant amount of land to the Tecate Preserve. They have the same concern and sensitivity. The Council and environmentalists should take clear note that the property of Mr. Saba and Mr. Nasser, who owns Jasoneth Development, have had conversations and clearly that is going to be developed and the path for wildlife will be closed out. They have an alternative. They want to offer that alternative and work with it and come back to the Council and Planning Commission and show that it will continue to work for as long as both developments exist. P~BLIC DISCUSSION IN FAVOR= Tom Tate, resident of Anaheim. He lives in the Weir Canyon area. The Cypress Canyon Project is well thought out and provides a great deal of open space for non-threatening ~ wildlife. However, because of the safety issue, he believes the mountain lion habitat is not a compatible use with a residential- development and should be encouraged in remote areas and not in urban areas. Mayor Hunter and Council Members then asked for a briefing relative to the models that were on display in the Council Chambers~ Mr. Mohler explained what the topographical models represented. The larger model showed the entire boundary of the General Plan Areas - Portions 1 and 2. He also pointed to the various areas dedicated to a City park site, the Tecate Preserve, the school site approved by the Orange Unified School District, the housing sites and the commercial sections. The Specific Plan allows for a maximum of 1550-units. It is a maximum range. They believe it will be an eight-year project. There is a fire station included designed to be a joint facility for both Mountain Park and Cypress Canyon. PUBLIC DIS~SSI~ IN OPPOSITIO~ The following twenty-one people spoke in opposition to the proposed Cypress Canyon Project and their major concerns/recommendations are summarized. Several read prepared statements some of which were provided in hard copy and made a part of the re¢ord~ Dr. Paul Beier, 26215 Via deGavilan, San Juan Capistrano, 92675. (Presentation supplemented by elides.) Major concern is relative to corridors for wildlife movement (see Dr. Beier's letter of March 2, 1992 attached to which was draft copy of his manuscript titled, 'Determining Minimum Habitat Areas and Corridors for Cougars' - made a part of the record). He urged that they keep the vital Coal Canyon Corridor, which is the only one used by wildlife, intact. The Mindeman corridor is not a viable movement 169 City Hall, Anaheimr California - COUNCIL MINUTES - MARCH 3r 1992, 5=00 P.M. corridor since it is straight down cliffs. The consultants should be asked if the 2500 foot strips proposed as alternatives would allow mountain lion movements in Chino Hills in numbers sufficient to sustain cougars. He is certain that is not the case. He is pleased to hear from Mr. Mohler if the project moves forward there will be a monitoring program. They have requested the City to invoke CRMP, the Coordinated Resource Management Plan, but to date he has received no response. It is an ideal vehicle to address impacts to the rest of the corridor including the Saba Property. The City's EIR also states, 'The project will result in the loss of potential for a mountain lion population to occur in the Chino Hills'. Mark T. Palmer, Conservation Director, Mountain Lion Foundation, P.O. Box 1896, Sacramento, 95812. Four reasons/concerns were expressed in letter dated March 3, 1992 opposing the project and urging that it be denied. Also submitted was a copy of 'Status Review for the Population of Mountain Lions (Fells Concolor) in the Santa Ana Mountain Range (SAMR) - February 19, 1992' - both made a part of the record. If a determination is made to go " forward, he asked that the Notice of Determination not be filed until such time as the Council has an opportunity to review the proposal under the appeal process. Doug Padley, President, the Wildlife Society, Southern California Chapter, 675 Ebcreek Drive SM, Corona, 91720. Submitted prepared statement - letter dated March 3, 1992 (portions read) - made a part of the record. Opposes the development of the bottom of Coal Canyon and elimination of the regionally significant wildlife corridor. Questioned the economic feasibility of the project. Read letter dated February 26, 1992 from Boyd Gibbons, Director, State Department of Fish & Game, Sacramento in response to a letter he (Padley) had written to the Governor - also made a part of the record - encouraging local agencies to defer certification of projects in potential corridor areas until the Scientific Review Panel has completed its recommendations and NCCP (National Community Conservation Planning) process has been completed for the region. Cheryl Hefley, Wildlife Biologist, California Department of Fish-& Game. (Read from prepared statement - not submitted) Their original response to the draft EIR No. 298 dated April 3, 1991 requested a copy of the City's response to their comments and any additional comments. To date, they have not received any further documentation from the City regarding the project. The Department reserves the right to provide additional comments regarding the current General Plan Amendment and Response to Comments once they receive them from the City as provided by CEQA. The project still does not adequately address their concerns originally submitted April 3, 1991. She briefed the concerns revolving around the need to maintain remaining wildlife corridors. The current GPA for Portion i does not provide 170 City Hall~ Anaheim~ California - COUNCIL MINUTES - MARCH 3m 1992~ 5:00 P.M. adequate mitigation and compensation for the permanent loss of habitat to fish and wildlife resources that utilize Coal Canyon. The department recommends that the City reconsider the approval process until their concerns have been adequately addressed. Linda Johnson, Senior Planner. Answering Ms. Hefley's statement that the department has not received any further documentation from the City regarding the project, Planning Department records indicate that they (Department of Fish & Game) did receive all the public notices for the Planning Commission meetings as well as the City Council. Further, they did submit a letter dated January 21, 1992 to the Planning Commission at their public hearing on that item. As part of the Planning Commission notice, they did indicate the availability of all of the documents. Connie Spenger, President, Friends of the Tecate Cypress, 138 E. Glenwood Avenue, Fullerton, 92631. She read portions of her prepared statement - eight page letter dated March 3, 1992, the first page listing four reasons why the Friends consider EIR No. 298, GPA No. 318 and Specific Plan No. 90-03 are inadequate: and illegal. Also submitted with the letter were the following (all made a part of the record)= Puente (Whittier) Hills Animal Survey, November, 1990 to December, 1990~ letter dated February 27, 1992 to the Anaheim City Clerk from Ms. Spenger; letter dated August 15, 1991 to Ms. Spenger from Paul Zedler, Professor of Biology, Department of Biology, College of Scientists, San Diego State University~ Los Angeles Times article, Saturday, February 1, 1992~ letter dated January 28, 1992 from Brooks Harper, Office Supervisor, US Department of the Interior, Fish & Wildlife service, Laguna Niguel Field Station to Dr. Jack Bath, California State Poly Technic University Pomona - all made a part of the record. Ms. Spenger's presentation included a number of slides as outlined in her statement, the first showing Southern California from space and that most of the remaining habitat for wildlife is in the hills and mountains of Southern California noting that 'Coal Canyon is the last remaining wildlife corridor across State Route 91 between the Diamond Bar Hill complex to the north'. In concluding, she stated, 'If the Council approves this project, Friends of the Teca~e Cypress will petition for reconsideration. Therefore, please direct your staff to not file the Notice of Determination until after a decision is made on our request for reconsideration. ' Ed Harrison, Southern Representatives of the California Parks and Conservation Association, l140-B Border Avenue, Corona, 91720. Submitted and read letter dated March 13 (3), 1992 - made a part of the record. He urged that the Council support the preservation of the nationally established wildlife corridor. 171 City Hallt Anaheimm California - COUNCIL MINUTES - MARCH 3, 1992t 5:00 P.M. Gordon Ruser, speaking for the Sierra Club Angelus Chapter, 1221 S. Sycamore, Santa Aha. The model of the project shows how flat the ridge lines will become as a result of the proposed development. The Council will not be preserving ridge lines, but aiding and abetting destruction of very prominent ridge lines of what is intended to become the City of Anaheim. If the Council wants to preserve ridge lines as some have previously stated, they will have to vote no on the project. Richard Arklin, resident of Whittier. If the project is approved, that could be the end of Mountain Lions in Whittier. Wildlife is under siege. They do not need another development. Dr. David Cossack, 39 S. Vicenta, Laguna Beach. Chair, Canyons Committee and Sea & Sage Audubon. He is concerned about the failure to recognize the Tecate Agricultural Preserve as a distinct and independent property illustrating the need to prepare and circulate a new draft EIR. He also spoke to the mitigation for Mindeman and B Canyons, that the EIR does not reflect whether other property owners along the potential Mindeman and B routes are prepared to assure the long time rights-of-way for wildlife movement, the financial ability of the project to pay for itself, and the need to recognize that the biological value of Coal Canyon far exceeds any benefits of building the project. He also urged the City to initiate the CRMP process. Council Member Daly. He interjected and stated he had a plane to catch and will be unable to do so if he does not leave the meeting at this time. Council Member Daly thereupon left the Council Chamber. (8~35 p.m.) Matthew John Lockhart, 1525 W. Elm Avenue, Anaheim, 92802. Mountain lions are wild animals. They cannot predict what an animal is going to do. Any cutoff to its natural instinctive habitat is going to have certain adverse affects on the animal. He urged a no on the project. Scott Johnson, 4366 Village Drive, Chino Hills. By allowing the development company to proceed with the development at Coal Canyon, the only identifiable wildlife corridor connecting the wilderness areas north of the 91 freeway to the large wilderness areas to the south will be destroyed. He urged the Council to commission an independent environmental impact report. Verna Jigour, 2524-C N. Tustin Avenue, Santa Ana, 92705. She is representing herself and the Tri-County Conservation League (TCCL). She submitted a three-page statement dated March 3, 1992 containing her comments relative to the project and also submitted six additional documents listed on page 3 of her statement - all documents made a part of the record. 172 City Hall~ Anaheim~ California - COUNCIL MINUTES - MARCH 3, 1992t 5=00 P.M. Carlin Marsh, Biological Consultant, 30262 Acorn Lane, Silverado. She was the biological consultant that prepared the Santa Ana River Canyon Research Management Plan, the lower Santa Ana River Biological Resource Inventory and Management Recommendations and has done two biological surveys in Coal Canyon. She has been concerned for a number of years about wildlife connections between Chino Hills and the Santa Ana Mountains and the crucial role Coal Canyon plays in this wildlife connection. She then spoke to the EIR which she felt, although very detailed, was quite weak and overlooked the aesthetic section. Before concluding, she recommended the following= (1) Do not find overriding considerations with respect to the unresolveable impact on regional wildlife dispersion posed by the project. She supports a no project alternative although a limited project may have some merit. (2) The City should seek with the property owner and California Parks and Recreation future state bonds or other funding to set aside the area as a broad open space connection between the Chino Hills, Santa Ana River Canyon open space and Cleveland National Forest. (3) If the project is adopted as proposed, the applicant should be : required to purchase the so called Mindeman B Canyon open space. If it is the only alternative, they will need it all and not just a narrow corridor. Richard Cunningham, 435 S. Ranchview Circle $94, Anaheim. He asked that the Council reconsider the development. The project should be set aside until a serious wildlife corridor is established. Janet Baker, 271 E. Brillo SA, Costa Mesa. She is a member of different environmental organizations. The issue of the preservation of open space is something that must be faced. She has dedicated herself to preserving some of that unique beauty. Dorothy Boynton, 5594 Vista DeAmigo, Anaheim. She spoke to the severe traffic congestion on La Palma Avenue and Santa Ana Canyon Road near the Imperial junction with the 91 Freeway. Traffic problems on the streets in and around that area date to the housing develo~ents constructed east of Anaheim Hills and Yorba Linda. The development of Coal Canyon would pose a severe traffic safety problem. Traffic mitigation measures discussed in the EIR would only give temporarily relief. She supports a no vote on the project. Greg Ballmer, President, Tri-County Conservation League. Speaking on behalf of the league, they are particularly concerned about maintaining wildlife resources along the river and open space for public uses and also water quantity and quality. He then spoke to the viability of a corridor through Coal Canyon and referred to a document submitted by Mrs. Jigour sponsored by the Corps of Engineers. He urged that the Council deny the project 173 City Hall, Anaheimt California - COUNCIL MINUTES - MARCH 3t 1992~ 5=00 P.M. or delay any approval until after all of the resource management observations necessary to guarantee a corridor are complete. Karen Drew, 541 Paseo Lucero, Anaheim. Citizens such as herself who vote for the Council will be aware of the Council's decision tonight. Steve Loe, Certified Wildlife Biologist, 33421 Avenue F, Yucaipa, 92399. He submitted a prepared statement dated March 3, 1992 which he read (made a part of the record) emphasizing the fact that Coal Canyon is one of the most important wildlife habitats in Southern California due to its role as link between the Chino Hills and Santa Ana Mountains. He urged the involvement of all agencies and land holders in a coordinated effort to come up with an environmentally superior alternative to protect wildlife and assure viable movement corridors. Marybeth Gustafson, District Manager/Trabuco Regional District of the Cleveland National Forest, 1147 E. Sixth Street, Corona. Although the Forest Service has responded to the development . plans, they have continuing concerns over the viability of the wildlife corridor. They support the CRMP process and have had excellent experience using CRMP to resolve controversies. A Mr. Richard Wagner who represents the Corona and Riverside Conservation District is willing to participate in a CRMP at the City's request. The Forest Service would also like to participate. It would be the best possible solution at this point without making a premature decision. Bob Frazier, He has raised cattle in the Cleveland National Forest and practices law in Santa Aha. He is deeply concerned about the Mountain Lion situation. He asked that each of the Council Members consider themselves trustees for the rest of the people and the whole community in preserving the corridor along the suggestions made by Dr. Beier. Mary Marcus, 10462 Ramona Way, Garden Grove. The property does not yet belong to the City. She is speaking for the present residents of the area - the mountain lions, eagles, etc., and they do not want to be annexed. -- BY THE APPLICANT= Mike Mohler, Coal Canyon Company. Relative to the concerns expressed, they believe that the majority of speakers are sincere and have been sincere during the entire process. Coal Canyon has spent 4 years with the groups working through the cooperative process. They have attended meetings in Yucaipa, Chino and cities beyond Anaheim's jurisdiction in an attempt to forge some consensus. The public record more than adequately documents their participation in those meetings if the speakers did not 174 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 3, 1992, 5:00 P.M. document it tonight. He then responded to some of the concerns expressed relative to the EIR and the wildlife corridors. Further, they cannot walk away from the reality that if the Saba property is developed, they would be funneling wildlife to a dead end. There are existing stables and BMX bicycle activities at that site even now. With respect to Fish & Game, sometimes it is difficult to know which head of the Fish & Game they are talking to. They constructed an interaction with Fish & Game which happily took the 883 plus 70 acres with great platitudes to Coal Canyon. Tonight he has heard contrary testimony. He referred to and submitted an article from the Orange County Register dated February 28, 1992 talking about a Fish & Game Biologist questioning the Endangered Species Act as potentially being abused with respect to mountain lions. Tonight, one developer and one party has stepped forward with a solution. He has heard a lot of problems identified tonight, but only one solution. Actually there are two developers so two parties have stepped forward indicating that they are willing to legislate with deed-. restrictions in perpetuity. Relative to technical issues, the top ridge which Mrs. Spenger showed in her slide about grading will not be graded, but the ridge below that. Mrs. Marsh complimented much of the EIR except for aesthetics. Much of the wind-eroded sandstone she talked about is facing Mountain Park on the outside of the development areas and will be preserved in perpetuity as their open space abuts Coal Canyon's open space edged to their project. The CRMP process, as they understand it, is a cooperative effort. He would like to again emphasize the 4 years of cooperative effort that has taken place with adjacent cities and all of the groups represented. He has an idea of one more time going back to the Planning Commission condition with respect to the wildlife corridor - the idea he had added tonight about including a monitoring program to that. He suggested with due respect to the Council that they include the CRMP process with respect to perfecting those wildlife corridors prior to submittal to the Planning Co=~ission for approval, keeping in mind that the condition does state that must be in place prior to grading. Thoy ~ool ~ha~ ~o ~ho groa~B~ ox~on~ o~ wha~ many o~ %he legitimate groups are asking for can be fulfilled by adding to that condition and they will be happy to accept that condition tonight. They respectfully request that the Council move the staff report and approve the General Plan Amendment, certify the EIR and move on. COUNCIL ACTION: Mayor Hunter closed the public hearing. Council Member Pickler. He complimented Planning Department's staff for the excellent job on the EIR. He reviewed the EIR and the 234 conditions that were 175 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 3, 1992, 5:00 P.M. imposed on the project. Many of the same people who spoke at the Council today also expressed their concerns and recommendations to the Planning Commission at their previous hearings (see minutes of Planning Commission meetings of December 9, 1991, January 21, 1992 and January 27, 1992). Staff along with the applicants took all of the concerns under consideration and reflected those concerns in the EIR and answered their comments. Relative to the mountain lions, looking at Condition No. 130, and in addition to what is going to be asked to be included - 'Prior to approval of the first tentative or parcel map for building purposes or mass grading plan, whichever occurs first, the property owner/developer shall, A. Submit a wildlife corridor plan prepared by a qualified biologist for the Mindeman and B Canyon Culverts (as shown in aerial photo - wildlife corridors, Exhibit 22 of the EIR No. 298 document) for review and approval by the Planning Commission, and; B. Ensure that the corridors are in place in accordance with the approved plan to the satisfaction of the Planning Commission (3-12).' To him, that is one of the key elements to answer much of the concern expressed. It received serious consideration by the Planning Commission and staff and will be looked at as the project progresses. He does not feel everyone can be satisfied, but feels most of the issues have been handled. The proposal should be approved. Council Member Ehrle. The decision the Council is faced with tonight is not one they have been considering for only. the past two hours, but for the past couple of years. Even though they did limit discussion, most people spoke for more than 3 minutes and whoever wanted to speak had the opportunity to do so as evidenced by the testimony. Also, the Planning Commission's public hearings were of three and four hours duration and much testimony given. The input received is not to be taken lightly. Only about two people were probably actual residents and taxpayers of the City. Everyone has the opportunity to be heard and speak their opinion. Their purpose as Council Members is to decide land use. The applicant/developer is providing over 60% of the project with open space. To those who are not residents of Anaheim, it is interesting that the City has been in the process of fighting the County since the County has proposed a 6,900 bed jail in the heart of the Canyon area. Tens of thousands of people signed petitions, came to rallies, to the Council Chamber and protested the proposal. Tonight, only two residents and tax payers of Anaheim are opposing a 600 residential unit project covering hundreds of acres. It tells him the people of the City do not want a jail but can live comfortably with a master planned, well thought out project and that is what is being proposed. If the Council approves the project, the City will abut the Riverside County line which was the dream of the City's forefathers - their dream to see AnaheTm became a large City. He is proud to say it is a part of fulfilling that legacy and dream. He supports the project thoroughly. city Attorney, Jack White. One additional technical item that needs to be taken care of before any action is taken, having received the public comments tonight, for the record it is necessary to determine from staff and the technical consultants, especially the EIR consultant, whether there were any comments raised tonight that need additional responses at this time before any action is taken on the EIR. Joel Fick, Planning Director. The environmental consultant will respond; however, there is also an additional technical item he wanted to comment on 176 City Hallm Anaheimm California - COUNCIL MINUTES - MARCH 3~ 1992~ 5:00 P.M. relative to the issue of fiscal balance. Earlier speakers commented on the fiscal impact report. He wanted to assure the Council that the fiscal impact report has been reviewed by the program development and audit staff. They have been through several revisions of that document and are comfortable with it. Above and beyond that, there is a Condition No. 224 which explicitly lays out and prescribes a guarantee to the City that prior to the approval of the first tentative tract map, there is a fiscal mechanism in place to guarantee these revenues will come into the City whether or not a hotel is built and whether or not they reach the occupancy rates. Effectively, this condition will guarantee that what is provided to the City in terms of fiscal balance will, in fact, take place. Jay Bullock, Orange Coast Group, the coordinating firm on the EIR along with other firms in conjunction with the City of Anaheim's EIR. A lot of testimony has been presented tonight. Letters have also been received by the Council over the past several weeks. While there has been a lot of information presented this evening, none has involved new issues or significant impacts that have not been addressed as part of the environmental process, EIRs and response to comments documents which were part of the final EIR. Council Member Pickler. He is ready to move on the CEQA Finding. City Attorney White. This would be a motion to certify Environmental Impact Report No. 298 and to adopt the recommended environmental finding by reference as set forth in Attachment C and also in Attachment F of the February 24, 1992 staff report including the additional mitigation measure that was presented by the applicant this evening concerning the wildlife corridors. MOTION= Council Member Pickler moved to certify Environmental Impact Report No. 298 and adopt the recommended environmental finding by reference as set forth in attachment C and also in attachment F of the February 24, 1992 staff report including the additional mitigation measure that was presented by the applicant regarding wildlife corridors. Council Member Hunter seconded the motion. Council Member Daly was absent. MOTION CARRIED. ENVIRONMENTAL IMPACT REPORT NO. 298 - CERTIFICATION= Environmental Impact Report No. 298 having been reviewed by the City staff and recommended by the city Planning Commission to be in compliance with City and State guidelines and the State of California Environmental Quality Act, the City Council acting upon such information and belief does hereby certify on motion by Council Member ~£ckler, ~ec0nded by Council Member SimDe0n, that Env£r0~ental ImDact ReD0rt No. 298 is in compliance with the California Environmental Quality Act and City and State guidelines and adopting the reco~m~ended environmental finding by reference as set forth in Attachment C and also Attachment F of the February 24, 1992 staff report including the additional mitigation measure that was presented by the applicant this evening concerning wildlife corridors. MOTION CARRIED. WAIVER OF READING - RESOLUTION~ The title of the following resolution was read by the City Clerk. (Resolution No. 92R-44) Council Member Pickler moved to waive the reading in full of the resolution. Council Member Hunter seconded the motion. MOTION CARRIED. Council Member Daly was absent. 177 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 3, 1992, 5.-00 P.M. Council Member Pickler offered Resolution No. 92R-44 for adoption, approving an amendment to the Anaheim General Plan designated as Amendment No. 317 (Portions I & 2), the land use element, Exhibit A; the circulation element, Exhibit A; the Environmental Resources and Management Element, Exhibit A; and Trails Element Map, Exhibit A. Refer to Resolution Book. RESOLUTION NO. 92R-44: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 317, PORTIONS i AND 2, (LAND USE CIRCULATION AND ENVIRONMENTAL RESOURCE AND MANAGEMENT ELEMENTS, AND TRAILS ELEMENT MAP). Before a vote was taken, City Attorney White stated the findings for the General Plan Amendment are also contained in Exhibit C and those will be incorporated by reference. Mayor Hunter. This development is the last link going east of the boundaries of the City of Anaheim. It represents a build out of the City. Once the Coal Canyon project is annexed through LAFCO, the City will be approximately 50 square miles or the largest geographic city in Orange County. It is a balance between the environment and the population. This project has been in'- the making for four years, it is not something the Council is approving on a · knee-jerk' reaction. A lot of work and effort has gone into this development' by staff, the Council, adjoining developers, etc. As Mayor of the City, he has the opportunity to vote on the project and 'finish out' the City of Anaheim. He believes it is a good project and the mitigation factors in relation to the mountain lion and wildlife corridor will be satisfied. The testimony from the environmentalists are taken seriously. The fact that they are present shows their concern and the Council appreciates their input. As they weigh on a balance a project of the magnitude proposed with 60% open space, with the quality of the project in the single-family homes that are going to be built by Hun Development in Coal Canyon, will be something to be proud of in the City. A vote was then taken on the foregoing resolution. Roll Call Vote: AYES: COUNCIL MEMBERS.' Simpson, Ehrle, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS.' Daly The Mayor declared-Resolution No. 92R-44 duly passed and adopted. City Attorney White. The other two items on the agenda relate to ordinances for the Specific Plan which require the Council to make findings that the Specific Plan is consistent with the General Plan which has Just been amended by resolution. Pursuant to a court decision, the General Plan Amendment is regarded as a Legislative Act which does not take effect for 30 days and, therefore, it would not be appropriate to introduce or act upon the Specific Plan Ordinances until the General Plan Amendment approved by the Council's action this evening is effective. It is staff's recommendation that the two 178 City Hallt Anaheim, California - COUNCIL MINUTES - MARCH 3t 1992m 5=00 P.M. ordinances be continued for Council consideration and agendized for the Council meeting of April 7, 1992. There will be no additional public testimony taken at that time. The hearing has been closed, but these items will appear on the Council agenda and no further action will be taken on these items until April 7, 1992. MOTION.-. Council Member Pickler moved to continue the ordinances relative to Specific Plan No. 90-03 to Tuesday, April 7, 1992. Council Member Ehrle seconded the motion. Council Member Daly was absent. MOTION CARRIED. ADJOURNMENT.'.. Council Member Hunter moved to adjourn. Council Member Pickler seconded the motion. Council Member Daly was absent. MOTION CARRIED. (9=36 p.m.) No Council meeting is scheduled for Tuesday, March 10, 1992, since no quorum is anticipated. Some Council Members will be attending the National League of Cities Conference to be held in Washington D.C., during that period. LEONORA N. SOHL, CITY CLERK 179