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1985/10/019 City Hall~ Anaheim; California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M. PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl TRAFFIC ENGINEER: Paul Singer ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti ASSISTANT DIRECTOR OF PLANNING: Joel Fick CIVIL ENGINEER - DESIGN: Arthur Daw Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Raymond Wade, Grace Lutheran Church, gave the Invocation. FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth and authorized by the City Council: "National Domestic Violence Awareness Week in Anaheim", October 6 to 12, 1985, "Regional Poison Center Day in Anaheim", October 12, 1985, "Escrow Month in Anaheim", October 1985, "National Crime Prevention Month in Anaheim", October 1985. Captain William Franklin, Anaheim Police Department, accepted the National Domestic Violence Awareness Week proclamation; Dr. Richard Thomas, the Regional Poison Center Day proclamation; Angelina Bevins accompanied by her sister, the Escrow Month proclamation; Captain Richard Gray, Anaheim Police Department, the National Crime Prevention Month proclamation and Anaheim Fire Marshal Garth Menges, the Fire Prevention Week proclamation. 119: RESOLUTION OF SUPPORT: A Resolution of Support was unanimously adopted by the City Council and presented to Frankie Ross on behalf of Madeline Evans, expressing its support for the Orange County Special Olympics which has provided life-enhancing opportunities for mentally retarded citizens and continues to brighten the world for thousands of deserving individuals. 119: RESOLUTION OF APPRECIATION: A Resolution of Appreciation was unanimously adopted by the City Council and presented to Daniel Cruz, Vice President of the Los Angeles Organizing Committee Amateur Athletic Foundation (LAOCAAF), Organizer of the S-mmer Games 85' extending sincere appreciation 738 l0 City Hall~ Anaheim; California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M. for their contribution for the well-being of the Anaheim community and her citizens. 119: CERTIFICATES OF CONGRATULATIONS: Certificates of Congratulations were also presented to four of seven winners at the 1985 Youth S-mmer Olympic Games - Cleveland Adams, Gold and Silver Medal winner in the 400 and 200 meter races; Sage Guiterrez Bronze Medal winner in the pentathlon; and Aldric Shim, Gold Medal Winner in the 100 meter wheelchair race, Michael Adams, Bronze Medal Winner in the 100 meter race. Mr. Terry Lowe, Brookhurst Community Center Manager, was the staff member in charge of the Anaheim Tournament and the liaison between Anaheim and the S-mmer Games 85'. 119: RESOLUTION OF COMMENDATION: A Resolution of Commendation was unanimously adopted by the City council and presented to Mr. Jim Edds, Interstate Electronics for providing volunteer technical services that saved the City an estimated $5,000 annual fee for an independent consultant. MINUTES: Councilman Pickler moved to approve the minutes of the regular meetings held September 10 and September 17, 1985. Councilwoman Kaywood abstained on the minutes of September 17, 1985 since she was not present at that meeting. Councilman Roth seconded the motion. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Bay seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~4,200,064.60, in accordance with the 1985-86 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilman Bay, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Pickler offered Resolution Nos. 85R-425 through 85R-430, both inclusive, for adoption. Refer to Resolution Book. 1. 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 Charles R. Peterson for indemnity and contribution purportedly due to actions of the City on or about April 16, 1985. b. Claim submitted by Alice A. Hegney for personal injury sustained purportedly due to actions of the City on or about June 22, 1985. 739 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M. c. Claim submitted by Kathleen Maldonado for personal injury sustained purportedly due to actions of the City on or about June 22, 1985. d. Claim submitted by Loren S. Cronister, Jr. for property damage sustained purportedly due to actions of the City on or about June 29, 1985. e. Claim submitted by Gloria A. Andrews for property damage sustained purportedly due to actions of the City on or about August 9, 1985. f. Claim submitted by Allstate Insurance Company (subrogee for Anaheim Hair Company) for property damage sustained purportedly due to actions of the City on or about May 14, 1985. g. Claim submitted by Ruth B. Hodge for bodily injury sustained purportedly due to actions of the City on or about June 8, 1985. h. Claim submitted by Paul Garrison for bodily injury sustained purportedly due to actions of the City on or about August 10, 1985. i. Claim submitted by Sue DiFranco for property damage sustained purportedly due to actions of the City on or about August 10, 1985. j. Claim submitted by John P. Rowland for property damage sustained purportedly due to actions of the City on or about June 14, 1985. 2. Receiving and filing the following correspondence: (on file) a. 105: Community Redevelopment Commission, Minutes of September 11, 1985. b. 175: Before the Public Utilities Commission, Southern California Gas Company Pacific Lighting Gas Supply Company, Notice to customers of filing of application and public hearing in Application No. 85-09-034. 3. 108: Approving the applications for Public Dance Permits submitted by E1 Torito Restaurants, Inc., for Who Song & Larry's, 202 East Ball Road, to hold dances on November 3 and 24 and December 15 and 23, 1985, from 6:00 p.m. to 11:00 p.m., in accordance with the recommendations of the Chief of Police. 4. 123: Waiving Council Policy No. 401 and authorizing an agreement with David M. Griffith and Associates, Ltd., in aha mount not to exceed $14,500, as consultants for the development of a cost allocation plan and indirect cost proposal assistance. 5. 123: Authorizing an agreement with the Legal Aid Society of Orange County, in an amount not to exceed $16,000 for the provision of outreach legal services to eligible Anaheim Residents, for the term July 1, 1985 to June 30, 1986. 6. 123: Authorizing an agreement with Port & Flor, Inc. to provide relocation services in connection with the City's Community Conservation Program, at an estimated cost of $30,000 to cover the projected caseload. 740 8 City Hall; Anaheim; California - COUNCIL MINUTES - October 1~ 1985; 10:00 A.M. 7. 106: Authorizing the transfer and appropriation of reserved Jobs Bill monies (Fund 26) in the amount of $20,000 into Program 26-803-7107, Manzanita Park Program, and $4,000 into Program 26-818-7107, Ponderosa Park. 8. 123: Authorizing the City Manager to execute an agreement with Robert Bein, William Frost & Associates in an amount not to exceed $10,000 to perform further engineering services for the replacement wetland habitat at La Palma Avenue/Weir Canyon Road. 9. 123: Authorizing an agreement with Phillips Brant Reddick in an amount not to exceed $16,000 to complete their landscape architectural services of the replacement wetland habitat at La Palma Avenue/Weir Canyon Road site. 10. 148/137: Supporting the League of California Cities' resolution entitled "Resolution Relating to the Authority for Tax-Exempt Municipal Bonds" to be presented at the upcoming annual meeting. 139: Opposing Section 626 of the Technical Corrections Act of 1985 (HR 1800 and S814) and the "One Percent Rule" contained in the Treasurer Tax Reform Proposal; and directing the Mayor to transmit said positions to appropriate Congressional representatives. 11. 123: Authorizing the Second Amendment to the Lease Agreement regarding the Inn at the Park between Anaheim Hotel Associates, and Dallas Hotel Associates and the City changing the composition of the partnership, extending the term of the lease to 50 years with a commitment of ~2.5 million in capital work at the facility to be completed in the next 18 months. 12. 123: Waiving Council Policy 401 and authorizing an agreement with Computer Application Resource, Inc. in the amount of $11,050 to provide additional consulting services for programming of the collision/citation surveillance system. 13. 164: RESOLUTION NO. 85R-425: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REJECTING ~T.L BIDS FOR THE LINCOLN AVENUE SEWER IMPROVEMENT. (Rejecting all bids for the Lincoln Avenue Sewer Improvement, Western Avenue tO 328' west of Western Avenue, Account No. 11-790-6325-E0560) 14. 123: RESOLUTION NO. 85R-426: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, APPROVING THE TERMS AND CONDITIONS OF A SUPPLEMENT TO AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID SUPPLEMENT. (SUPPLEMENT NO. 26 TO LOCAL AGENCY-STATE AGREEMENT NO. 07-5055, LOAKA STREET CROSSING) (Approving the terms and conditions of Supplement No. 26 to an Agreement No. 07-5055 with the State Department of Transportation to supply Federal-Aid Safety Funds in the amount of $138,000 with a 10% City match, to upgrade the Southern Pacific railroad crossing protection at Loara Street (BK 508.4)) 15. 153: RESOLUTION NO. 85R-427: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION NO. 47. (Letter of Understanding dated September 18, 1985, amending 741 City Hall; Anaheim~ California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M. provisions of the current Memorandum of Understanding implementing the clerical study in the Utilities employees bargaining unit effective October 4, 1985 ) 16. 153: RESOLUTION NO. 85R-428: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR CONFIDENTIAL JOB CLASSES AND SUPERSEDING RESOLUTION NO. 84R-57 AND AMENDMENTS THERETO. (Effective October 4, 1985) 153: RESOLUTION NO. 85R-429: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR UNREPRESENTED PART-TIME JOB CLASSIFICATIONS WITH FULL-TIME EQUIVALENTS, AND SUPERSEDING RESOLUTION NO. 84R-58 AND AMENDMENTS THERETO. (Effective October 4, 1985) 17. 156: RESOLUTION NO. 85R-430: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE POLICE DEPARTMENT TO CONDUCT AN AUCTION OF UNCLAIMED PROPERTY. (Authorizing the Police Department to conduct an auction of unclaimed property on October 19, 1985, 9:00 a.m., at 425 South Harbor Boulevard, and in the event of inclement weather, conduct said auction on the following Saturday) 160: Directing the City Clerk to publish a legal notice of said auction and of the City's intent to transfer certain unclaimed property to the Purchasing Division for City use. 18. 142/135/150: (FRIST READING) ORDINANCE NO. 4656: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 13.08 OF THE ANAHEIM MUNICIPAL CODE TO PROHIBIT GOLF IN ANY PUBLIC PARK. Roll Call Vote on Resolution Nos. 85R-425 through 85R-430: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Kaywood, Bay, Pickler, 0verholt and Roth None None The Mayor declared Resolution Nos. 85R-425 through 85R-430, both inclusive, duly passed and adopted. 123: THIRD AMENDMENT - LICENSE ACREEMENT SHELTER MEDIA, INC.: To provide for installation of 34 additional shelters within 180 days and extending the term an additional 5 years for a total of 15, providing the City with additional annual revenue of ~26,128. Councilwoman Kaywood expressed concern that the City first had to serve a Notice of Default on the contractor for failing to install 25 shelters approved in 1984 as a second amendment to the subject agreement before a response came forth from Shelter Media. She wanted assurance that terms of the proposed amendment to the contract would be met. Mr. Bruce Williams, President, Shelter Media, 1085 Evenstar Avenue, Westlake Village, explained that the notice came by surprise. There was an extension given to them to install additional shelters but he did not realize they were 742 City Hall; Anaheim~ California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M. on a timed program. He then updated the Council on the status of the Company and the Shelter program assuring that Shelter Media would continue to serve the City. Councilman 0verholt expressed his concern over what he considered the deplorable condition of the benches inside the shelters on Lincoln Avenue. He asked that Mr. Williams work with City staff to do whatever necessary to make those shelters in the downtown redevelopment area first class; Mr. Williams was of the opinion that the benches needed to be replaced entirely with those benches that Shelter Media had originally recommended. The bench seats in the redevelopment area were not selected by his company but by the City. MOTION: Councilwoman Kaywood moved to authorize the Third Amendment to the License Agreement with Shelter Media, Inc., to provide for installation of 34 additional shelters within 180 days and extending the term an additional 5 years for a total of 15, providing the City with additional annual revenue of ~26,128 as recommended in memorandum dated September 17, 1985 from the City Engineer. Councilman Roth seconded the motion. MOTION CARRIED. 113/156: DESTRUCTION OF CORRESPONDENCE MORE THAN TW0 YEARS OLD - POLICE DEPARTMENT: Mr. Gus Bode, 726 N. East Street, suggested that the data be microfilmed before destruction. Councilman Pickler offered Resolution No. 85R-431 for adoption, authorizing the destruction of correspondence more than two years old maintained by the office of the Chief of Police, as recommended in memorandum dated September 24, 1985 from the Chief of Police, Jimmie Kennedy, since the material is no longer of any value or use. Refer to Resolution Book. RESOLUTION NO. 85R-431: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF THE CITY RECORDS MORE THAN TWO YEARS OLD. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Resolution No. 85R-431 duly passed and adopted. 175/142: ORDINANCE NOS. 4657 AND 4658 - HOOVER UPRATING PROJECT REVENUE BONDS: Councilman Pickler offered Ordinance Nos. 4657 and 4658 for first reading. ORDINANCE NO. 4657: AN ORDINANCE OF THE CITY OF ANAHEIM AUTHORIZING THE ISSUANCE OF HOOVER UPRATING PROJECT REVENUE BONDS BY SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY. (Authorizing the issuance of Hoover Uprating Project Revenue Bonds in the maximum aggregate sum at any one time of $50,000,000 by Southern California Public Power Authority in connection with the acquiring rights to capacity for the uprating of the electric generators for the Hoover Power Plant) 743 City Hall, Anaheim~ California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M. ORDINANCE NO. 4658: AN ORDINANCE OF THE CITY OF ANAHEIM AUTHORIZING THE ISSUANCE OF NOTES BY SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY. (Authorizing the issuance of notes in the estimated maximum aggregate principal amount of $30,000,000 by Southern California Public Power Authority to provide temporary financing of the acquisition of capacity rights for the uprating of the electric generators of the Hoover Power Plant) Councilman Bay asked that staff provide data on Anaheim's share of the 330,000,000 before the next Council meeting. 179: APARTMENT HOUSE PROJECT - 2910-2918 W. Ball Road: Councilwoman Kaywood referred to the subject project wherein a conditional use permit came to the City for two-story apartments on Ball Road near Gaymont, a so-called one-and-one-half-story beginning on top of a 7-foot berm. The project was unanimously denied but shortly thereafter construction started to take place with windows immediately facing RS-7200. She wanted more information on the situation and how the citizens and Council could be protected against something like that happening in the future as well as examining the applicable ordinance and changing it so a developer would not be allowed to proceed with his project after denial without any conditions and then threatening the people who originally objected. Annika Santalahti, Assistant Director for Zoning, stated she had visited the premises and the site was being excavated. She did not have an opportunity to look at the building plans but confirmed they could do what they were planning to do. Other than the normal setback requirements in the zone which pertained to the wall height, they could have, on one half-story up, apartment unit windows facing the single-family zone. Mayor Roth suggested before any action that the Council be fully apprised of the chronology of events relative to the project by means of a staff report. City Attorney Jack White explained that he assumed the plans were modified to bring them within the Code requirements thus not requiring discretionary approval. If the plans complied with all existing conditions and a building permit issued and exercised by the commencement of any construction, the City would not be in a position to retroactively adopt an amendment that would preclude the building of the project. His office and the Planning Department would research the matter and report to the Council. 105: APPOINTMENT TO THE GOLF COURSE COMMISSION: Appointment to the Golf Course Commission to fill a vacancy. Councilman Roth moved to appoint Larry Siagle to fill the current vacancy on the Golf Course Commission. Councilman Bay seconded the motion. MOTION CARRIED. 173: REQUEST FOR TEMPORARY JITNEY BUS PERMIT - YET.T.OW CAB COMPANY: Mr. Chuck Cooper, President, Merchants Association, Anaheim Plaza emphasized his full support of the Yellow Cab Company request to service the hotels in the Anaheim area by providing a jitney bus service to the Anaheim Plaza especially for 744 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 1~ 1985, 10:00 A.M. tourists visiting Anaheim. This would further support the Anaheim tax base by keeping spendable dollars in Anaheim. Councilwoman Kaywood moved to approve the request of the Yellow Cab Company by granting a temporary jitney bus permit allowing Yellow Cab to operate a shuttle bus from various locations around Disneyland to the Anaheim Plaza Shopping Center with a hearing to be held on October 15, 1985 to consider their application to provide permanent service. Councilman Pickler seconded the motion. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held September 16, 1985, pertaining to the following applications were submitted for City Council information. It was noted the appeal period for these items would end on October 8, 1985. 1. CONDITIONAL USE PERMIT NO. 2697: Application submitted by APF Center, to retain five automobile repair and automotive related business on ML zoned property located at 1631 North Placentia Avenue, Units A, B, G, O, P, and R. The City Planning Commission, pursuant to Resolution No. PC85-205, granted in part (Units G, O, P and R), Conditional Use Permit No. 2697, and granted a negative declaration status. 2. CONDITIONAL USE PERMIT NO. 2709: Application submitted by Martin Luther Hospital, Inc., to permit a social rehabilitation center for chemical dependency on RM-1200 zoned property located at 1817 West Neighbors Avenue, with Code waiver of required location of parking spaces. The City Planning Commission, pursuant to Resolution No. PC85-206, denied Conditional Use Permit No. 2709, and granted a negative declaration status. 3. CONDITIONAL USE PERMIT NO. 2667 (READV.): Application submitted by Kenneth W. and Helen L. Holt, (Fairmont School), to consider revised plans (Rev. No. 1), for expansion of an existing private school for a maximum of 225 students on PD-C zoned property located at 121 South Citron Street. The City Planning Commission, pursuant to Resolution No. PC85-207, granted Conditional Use Permit No. 2§§7 (Ready.), and previously approved a negative declaration status. 4. CONDITIONAL USE PERMIT NO. 2719: Application submitted by Carl Karcher Enterprises, to permit a private pre-school and day care center for a maximum of 56 students on CG zoned property located at 1239 North Harbor Boulevard, with Code waiver of required dedication and improvements (denied in part). The City Planning Commission, pursuant to Resolution No. PC85-208, granted in part, Conditional Use Permit No. 2719 for a term of 6 years, and granted a negative declaration status. 5. VARIANCE NO. 3500: Norman E. and Lorelie L. Clemens, to establish a two-lot single-family subdivision on RS-7200 zoned property located at 1593 and 1599 West Cerritos Avenue. 745 91 City H~!l~ Anmheim~ California - COUNCIL MINUTES - October 1; 1985~ 10:00 A.M. The City Planning Commission, pursuant to Resolution No. PC85-209, granted Variance No. 3500, and granted a negative declaration status. 6. VARIANCE NO. 3505: Application submitted by Setco, Inc., to construct an industrial building on ML(SC) zoned property located at 4875 East Hunter Avenue, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC85-210, granted Variance No. 3505, and granted a negative declaration status. 7. CDBG REPRESENTATIVE: Request submitted by Community Development, for appointment of a Planning Commission Representative on the 1986/87 Community Development Block Grant Committee. Appointment of Commissioner Bob Messe as representative by the Planning Commission. 8. TENTATIVE TRACT NO. 11856 - EXTENSION OF TIME: Application submitted by Anacal Engineering, requesting an extension of time to Tentative Tract No. 11856, to establish a 5-lot subdivision on RS-HS-43,000(SC) zoned property located at 616 Peralta Hills Drive. The City Planning Commission approved an extension of time to Tentative Tract No. 11856, to expire October 4, 1986. End of Planning Commission Informational Items. MOTION CARRIED. 170: TRACT NO. l1362(REV. 2)--FINAL MAP: Developer, Yoldash Development, Inc.; Tract-is located on the south side of La Palma Avenue between East Street and Hawthorne Street consisting of a one lot, 8-unit, RM-1200 zoned condominium subdivision. On motion by Councilman Pickler, seconded by Councilman Bay, the proposed subdivision together with its design and improvement was found to be consistent with the City General Plan and the City Council approved Final Map Tract No. 11362 (Rev. 2) as recommended by the City Engineer in his memorandum dated September 23, 1985. MOTION CARRIED. ORDINANCE NOS. 4652, 4653 AND 4654: Councilman Pickler offered Ordinance Nos. 4652 through 4654, both inclusive, for adoption. Refer to Ordinance Book. 123/153: ORDINANCE NO. 4652: AN ORDINANCE ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING ANAMENDMENT TO THE CONTRACT BETWEEN THE CITY OF ANAHEIM AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. (Authorizing an amendment to the contract between the City and the Board of Administration of the California Public Employees' Retirement System, to provide for a reduction of benefits for future local police members) 142/179: ORDINANCE NO. 4653: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SUBSECTIONS AND SECTIONS OF CHAPTERS 18.21, 18.24, 18.25, 18.26, AND 18.27 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending 746 City Hall~ Anaheim; California - COUNCIL MINUTES - October 1; 1985; 10:00 A.M. various subsections of Chapters 18.21, 18.24, 18.25, 18.26 and 18.27 of the Code relating to minimum lot areas in some sections of the RS-A-43,000, RS-10,000, RS-HS-10,000, RS-?200 and RS-5000 zones. (excludes private streets from lot area calculations for single family zones) ORDINANCE NO. 4654: AN ORDINANCE OF THE CITY OF ANAHEIMAMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18, Reclass. 84-85-24, RM-1200, 114 No. East Street) 000/101/142: ORDINANCE NO. 4655: Establishing an interim fee for public improvements in the Anaheim Stadium Business Center. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Ordinance Nos. 4652 through 4654, both inclusive, duly passed and adopted. 000/101/142: ORDINANCE NO. 4655 - STADIUM AREA STUDY: Establishing an interim fee for public improvements in the Anaheim Stadium Business Center. Joel Fick, Assistant Director for Planning, recommended, should the Council concur, that the Planning Department be directed to prepare a General Plan Amendment Study for that portion of the Stadium area experiencing land use changes and/or contemplated for more intense development and then continue final adoption of the ordinance associated with development fees in the Stadium area until November 12, 1985 as outlined in staff report dated September 30, 1985 from the Director of Community Development and Planning. Mayor Roth concurred with the recommendation and further voiced the opinion that the discussion of the ordinance if continued to November 12, 1985 as requested, be at a public hearing. He requested that information also be provided on events occurring to the south in Orange and the impact any actions taken by Orange would have on Anaheim's plans with the objective being that both cities work in concert on the traffic control problems. Councilman Bay asked for backup information on the staff estimates on the additional 576 million which estimate was received as the Council meeting convened last week, particularly the detail of how circulation costs escalated by 570 million and also if the utility estimates automatically assumed that there would be no user cost for the expansion of the utilities. With a 5132 million dollar total using the study plus the added staff estimates, he wanted to be sure there was no doubling up of projects planned in other capital expenditures. After a brief discussion on a pending application in the subject area, Councilman Pickler suggested that a moratorium be declared until a development plan was devised and that nothing be done in that area between now and the 747 City Hall, Anaheim, California - COUNCIL MINUTES - October 1~ 1985, 10:00 A.M. time of the public hearing on November 12, 1985. No action was taken on that recommendation. MOTION: Councilman Roth moved to direct staff to commence the land use study for the General Plan Amendment for that portion of the Stadium area experiencing land use changes. Councilwoman Kaywood seconded the motion. MOTION CARRIED. MOTION: Councilman Bay moved to continue discussion of adoption of the proposed ordinance associated with development fees in the Stadium area to November 12, 1983 and set for a public hearing on that date. Councilman Roth seconded the motion. MOTION CARRIED. REQUEST FOR CLOSED SESSION: The Mayor announced that a Closed Session would be held with the City's attorneys for the following purposes: me To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a). be To consider such other matters as are orally announced by the City Attorney or City Manager prior to such recess unless such motion to recess indicates any of such matters will not be considered in closed session. Ce To consider personnel matters pursuant to Government Code Section 54957. Golden West Baseball vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46, Southern California Edison FERC Docket ER82-427-000 and ER84-75-000 and Wortman vs. City of Anaheim, Orange County Superior Court Case No. 37-45-97. Councilman Roth moved to recess into Closed Session and a lunch break. Councilman Pickler seconded the motion. MOTION CARRIED. (11:28 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:58 p.m) 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2705 AND NEGATIVE DECLARATION: APPLICANT: Century Properties 1801 Century Park East, Ste. 2100 Los Angeles, Ca. 90069 ZONING/LOCATION/REQUEST: To permit a billboard on CH zoned property located at 200 North Beach Boulevard, with the following Code waivers: (a) maximum display area, (b) maximum height. PLANNING COMMISSION ACTION: Resolution No. PC85-183 denied Conditional Use Permit No. 2705. 748 9O City Hall~ Anaheim~ California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M. HEARING SET ON: Appealed by Foster & Kleiser, agent. PUBLIC NOTICE REQULREMENTS MET BY: Publication in Anaheim Bulletin September 19, 1985. Posting of property September 20, 1985. Mailing to property owners within 300 feet - September 20, 1985. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated August 5, 1985. APPLICANT'S STATEMENT: Rob Verman, Foster & Kleiser, 1550 West Washington Blvd., Los Angeles. The request is to permit a billboard at 200 No. Beach Blvd, i.e., a standardized bulletin, hand painted, for advertising goods and services sold in Anaheim. The board is single faced facing north with the back side to be screened by appropriate material as approved by the Planning Department. The subject location is a commercial area and the sign will not interfere with any development. They have removed three signs already this year and anticipated moving a couple more through natural attrition. It is a relocation request. COUNCIL CONCERNS: Councilwoman Kaywood. Three hundred square feet is permitted and 672 square feet is proposed. The condominium project to be built in the area (formally Lincoln Beach Mobilehome Park) will have to contend with a billboard. There is a "Jumble" of signs now from existing businesses. 'A billboard in that area with off-site advertising will take away from existing businesses. A 672 square-foot sign will set a precedent for every other corner of the intersection which could result in the construction of eight more such signs. STAFF INPUT AS A RESULT OF COUNCIL QUESTIONS: Annika Santalahti, Assistant Director for Zoning. If a new ~ee schedule is approved regarding ~ill~oards, it would be a yearly renewable business license fee and all billboards constructed would be subject to that fee. The current Code states a maximum of eight billboards per ma3or intersection. The applicant stated there were no other boards presently existing at the subject intersection. EXHIBITS, MATERIALS SUBMITTED: None. PUBLIC DISCUSSION- OPPOSED: None. PUBLIC DISCUSSION- IN FAVOR: None. 749 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M. SUMMATION BY APPLICANT: Rob Verman. Confirmed there were no other boards existing at the intersection, that his company is not looking to place another board at that corner or any of the other corners. He stipulated to a single-face sign facing north with proper screening on the back side. CHANGES TO PROPOSALS AS A RESULT OF COUNCIL DISCUSSION: None. COUNCIL ACTION: Mayor Roth closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Bay, 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. Councilwoman Kaywood offered a resolution denying Conditional Use Permit No. 2705 upholding the findings of the City Planning Commission. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood Bay, Pickler, Overholt and Roth None Councilman Pickler offered Resolution No. 85R-432 for adoption, granting Conditional Use Permit No. 2705, reversing the findings of the City Planning Commission but subject to all Interdepartmental Committee recommendations and that the sign be a single-face sign facing north with screening on the back side as stipulated by the agent for the applicant. Refer to Resolution Book. RESOLUTION NO. 85R-432: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2705. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth Kaywood None The Mayor declared Resolution No. 85R-432 duly passed and adopted. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2711AND NEGATIVE DECLARATION: APPLICANT: Dunn Properties Corporation 28 Brookhollow Drive Santa Ama, Ca. 92702 750 88 City Hall~ Anaheim, California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M. ZONING/LOCATION/REQUEST: To permit an industrially-related office complex on ML(SC) zoned property located on the northeast corner of La Palma Avenue and Kellogg Drive. PLANNING COMMISSION ACTION: Resolution No. PC85-183 denied Conditional Use Permit No. 2711. HEARING SET ON: Appealed by the applicant Dunn Properties. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin September 19, 1985. Posting of property September 20, 1985. Mailing to property owners within 300 feet - September 20, 1985. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated August 19, 1985. City Clerk Leonora Sohl announced that letter dated September 30, 1985 had been received from Floyd L. Farano, Farano & Kieviet, attorneys for the applicant requesting a continuance of the public hearing to October 29, 1985 since they had just been retained by the applicant and had not had an opportunity to review the matter. Mayor Roth asked if any one was present to be heard on the issue; no one was present. MOTION: Councilman Roth moved to continue the public hearing on Conditional Use Permit No. 2711 and negative declaration to TueSday, November 5, 1985, at 1:30 p.m. for full Council action that date. Councilman Pickler seconded the motion. MOTION CARRIED. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2712 AND NEGATIVE DECLARATION: APPLICANT: Hung Eng Shy and Said Shung Shy, (Robin Hood Motel) 913 South Beach Boulevard Anaheim, Ca. 92804 ZONING/LOCATION/REQUEST: To construct a 7-unit addition to a 22-unit motel on CG zoned property located at 913 South Beach Boulevard. HEARING SET ON: Review requested by Councilwoman Kaywood at the meeting of September 10, 1985. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin September 19, 1985. Posting of property September 20, 1985. Mailing to property owners within 300 feet - September 20, 1985. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated August 19, 1985. 751 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 1; 1985, 10:00 A.M. COUNCIL CONCERNS: Councilwoman Kaywood. Insufficient parking at present. Rental of units by the week and month with seven of the existing 22 units having kitchenettes or more than the 25 percent permitted by Code. Letter dated August 13, 1985 from the adjacent property owner, Dimitri's Restaurant expressing several concerns relative to the proposed expansion. The proposal is overbuilding the property. It would be a mistake to allow more units rented out for longer than permitted since there was an overflow of parking at the present time. APPLICANT'S STATEMENT AND ANSWERS TO QUESTIONS POSED BY COUNCILWOMAN KAYWOOD: Mr. Chert Lu, architect and agent for the applicant, 8862 Garden Grove Boulevard, Ste. 101 Garden Grove, CA. The proposal is to add seven units to the existing motel consistent with the City's land use plan. It will enhance the full development of the site, provide service to the area visitors, upgrade the property to maximize its commercial potential, and enhance its viability. The parking requested meets Code requirements. No additional kitchenettes are proposed. Motels on Beach Boulevard are going to have some weekly or monthly tenants. They prefer to rent to visitors rather than long-term tenants. In checking with the owner, there were only four existing kitchenettes and not seven. Long term or weekly tenants occupied four or five units with length of stay ranging from a week to two months. He could not confirm that children from the motel played in the restaurant parking lot. The motel parking lot is filled during the summer time but he did not know how many times. STAFF INPUT: Annika Santalahti, Assistant Director for Zoning. The application complies with the Code and no parking waivers are requested. The Code identifies only the minimum number of spaces. If Council finds the existing parking inadequate, there was no reason why they could not deny the application. If more parking is needed, it is probably occurring on adjacent property since there is no parking in the street on Beach Boulevard. Jack White, City Attorney. Relative to remedies to preclude parking on the Dimitri's Restaurant parking lot, under the applicable provisions of the State Vehicle Code, an owner of private property who posts conspicuous signs has a right to have unauthorized vehicles towed away and placed in public storage at the expense of the vehicle owner. The difficulty is in making certain that who-ever is parking in the lot is not a patron of the restaurant. PUBLIC DISCUSSION- IN FAVOR: None. 752 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M. PUBLIC DISCUSSION- IN OPPOSITION: Mr. John Gantes, owner, Dimitri's Restaurant. 907 South Beach Boulevard. Parking requirements for a motel/hotel are greater than a regular hotel. During peak times, at least one car per motel unit is necessary plus two to three spaces for the residential units, plus two for employees in the daytime as well as spaces for miscellaneous vehicles servicing the establishment or 33 to 37 stalls at maximum use. During slow times and because of the kitchenettes, there are two to three cars per unit even if the motel is not full. When tenants stay a long time, there are younger children or teenagers involved who use the parking lot for play or loitering creating problems of safety for restaurant customers by intimidating them or jeopardizing the safety of their car. Major concerns are, increased burden on the restaurant property due to the motel expansion, vandalism, using their parking lot as a playground and difficulty in enforcing parking regulations. (See letter dated August 13, 1985 submitted at the Planning Commission hearing outlining the major concerns of Dimitris. Restaurant). COUNCIL INPUT: Councilman Bay. Condition No. 4 required that a fence be constructed between the subject property and the restaurant at a minimum height of 5 feet along the entire northerly property line which would solve the problems expressed by Mr. Gantes. The motel has 20 feet for ingress and egress and the drawing showed that 20 feet. John Gantes. The height of the fence is of major concern and it should possibly be 6 feet with steel posts spanning the entire length on the motel site. The fence had to be maintained on a long-term basis so that it does not detract from the restaurant. The fence needs to be 5 feet high with concrete posts 4 to 5 feet high above the ground and 3 to 4 feet below the ground in concrete so that the fence ia not destroyed in a short period of time. Limiting access to the restaurant property and making certain that the fence is maintained on a long-term basis would solve the problems of Dimitri's. James Gantes, owner Dimitri's Restaurant. Reiterated the concern and need for a fence between the restaurant and motel property with the addition of the steel posts. The area involved was very narrow with approximately 22 feet between the front door and the property line. ADDITIONAL STAFF INPUT: Annika Santalahti, Assistant Director for Zoning. The exhibit shows a 25-foot back up space measured from the property line to 18-foot deep parking stalls and a 3-foot walk 753 City Hall, Anaheim~ California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M. walkway. It appeared from the drawing that the entrance portion is approximately 20 feet wide. The minimum Code requirement is 20 feet for two-way traffic; Councilwoman Kaywood felt that the idea of a fence may not be feasible or possible. James Gantes. Confirmed that if there were a chainlink fence on the property line it would not interfere with the ingress and egress on the restaurant side. CHANGES TO PROPOSALS AS A RESULT OF COUNCIL DISCUSSION: That Condition No. 4 be amended as follows: Constructed "...and maintained in good condition." The fence can be either wrought iron, chain_link or concrete block in accordance with conditions. Mr. Lu stipulated to the fence and to the maintenance of that fence. He also confirmed that they were not adding any kitchen units to the project. COUNCIL ACTION: Mayor Roth closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Bay, seconded by Councilman 0verholt, 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. Councilman Bay offered Resolution No. 85R-433 for adoption, subject to City Planning Commission conditions with the amendment to Condition No. 4 as articulated, and also that none of the seven new proposed units shmll have any kitchen or cooking facilities. Refer to Resolution Book. RESOLUTION NO. 85R-433: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2712. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth Kaywood None The Mayor declared Resolution No. 85R-433 duly passed and adopted. RECESS: By general consent the Council recessed for 5 minutes. (3:07 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:17 p.m) RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed Session to confer with the City Attorney relative to matters of potential litigation 754 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M. as previously announced. Councilman Bay seconded the motion. MOTION CARRIED. (3:17 p.m.) AFTER RECESS: The Mmyor called the meeting to order, all Council Members being present. (3:25 p.m) 123: AMENDMENT TO AGREEMENT BETWEEN THE CITY OF ANAHEIM AND SZABO FOODS: Councilman Roth moved that the City Council approve a sixth amendment to an agreement between the City of Anaheim and Szabo Food Service, Inc. relating to the concession agreement in Anaheim Stadium. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 123: AGREEMENT WITH GOLDEN WEST BASEBALL RELATING TO THE CONCESSIONS AND THE STADIUM CLUB AT ANAHEIM STADIUM: Councilman Roth moved that the City Council approve an agreement between the City of Anaheim and Golden West Baseball Company (Angels) relating, to the concessions and the Stadium Club at Anaheim Stadium. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 179: REHEARING - RECLASSIFICATION NO. 84-85-34 AND VARIANCE NO. 3477: APPLICANT: Charles Ross Company, 438 East Katella Avenue Orange, CA. 92667 ZONING/LOCATION/REQUEST: For a change in zone from RS-A-43,000 to RM-1200, on property located at 3333 West Ball Road, to construct a one and two-story, 22-unit apartment complex, with Code waivers of maximum structural height and maximum fence height. PLANNING COMMISSION ACTION: Resolution No. 85R-181 was denied by the City Council at the meeting of May 7, 1985. REHEARING SET ON: Application by Charles A. Ross, Authorized Agent, as approved by the City Council July 16, 1985. This matter was continued from the meetings of August 13 and August 27, 1985, to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin August 2, 1985. Posting of property August 1, 1985. Mailing to property owners within 300 feet - August 2, 1985. APPLICANT'S STATEMENT: Charles A. Ross, agent, 438 East Katella Avenue, Orange, CA. 92667. The best use of the property would be apartments as expressed at the meeting of August 13, 1985. The question of Deerwood Drive being extended was adequately answered. It should have been done in 1957 and not 1985. Since May 7, 1985 changes have been made in the drawings which now reflect a reduction in the proposal from 22 to 20 units, a reduction in the bedroom count of 10 while maintaining the same car count, the rear yard of any of the proposed structures is increased by 35 feet and the 755 81 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M. distance from the rear property line to the first two-story structure is increased to 150 feet. The closest existing residential to the west is 55 feet, another at 120 feet and another 127 feet. He met with Mr. Hatanaka, owner of the nursery, who had no objection to the development and he has no intention of selling his property or developing it in the foreseeable future. He also met with Mr. Peck who lives adjacent to the property on Deerwood who was concerned over the play area being adjacent to his yard and the effectiveness of a 6-foot high wall. The developer will build any height wall approved by the City. On May 2, 1985, several homeowners on Deerwood signed a letter stating they felt that the rezoning and the use proposed was acceptable to them and that was when the project was still at 22 units. He met with Mr. Ledesma who wanted the property to remain as is, and he also met with Mrs. Lenc, the homeowners representative, and gave her a copy of the proposal. The main opposition came from the homeowners on Glen Holly who are concerned that if the subject proposal is approved as requested, the nursery property will go the same way. PUBLIC DISCUSSION- IN SUPPORT: None. PUBLIC DISCUSSION- IN OPPOSITION: Mrs. June Lenc, 3312 West Glen Holly. Had previously submitted petitions signed by surrounding homeowners showed that all of the owners on Deerwood were opposed to a two-story apartment project on the subject property. No changes had been made to the proposal after it was reduced from 22 to 20 units. Mr. Ross submitted to her a copy of the site plan but at no time was there a discussion regarding how the site plan was going to be built. The residents are opposed to the two and one half story development. A 150-foot setback is still required between apartments and single-family residences. The residents want the protection given them in the Building Code. There is only 9 feet between Mr. Ledesma's property and a one and one half-story building. If apartments are constructed, they should be one-story and compatible with the surrounding homes. Thomas J. Peck, 3321 West Deerwood (immediately abutting the subject property on the west side). Apartments would be acceptable if they are built according to Code with a 150-foot setback from existing residential and they should be single-story units. The play area is adjacent to his property and if approved the wall should be higher than 6 feet for safety purposes and to prevent things from being thrown over the fence since there are three properties in a row with swimming pools adjacent to that area. Henry Ledesma, 3342 West Deerwood. Mr. Ross was at the last meeting. by a two-story apartment project. 756 The only time he met with His privacy will be destroyed People from the project will City Hall~ Anaheim~ California - COUNCIL MINUTES - October 1, 1985~ 10:00 A.M. park in the alley that is behind his house. He would not be opposed if the proposal were a one-story project with a high block wall. The apartments would be 9 feet away from his home. George Brott, 3306 West Glen Holly. The units proposed are not single-story but two-story and three-story counting the garage area. Mr. Ross or anyone else cannot guarantee Mr. Hatanaka will not sell his property (nursery). He (Hatanaka) will be faced with three stories against his property and the precedent will be set. A proposal compatible with their area would be garden height apartments with surface parking, not subterranean. He is strongly opposed to the project being built in such a narrow area. The residents were there first and want their area kept as it is. There will also be no cross ventilation in the units if there is a solid wail on the back. Jim Cogwin, 922 South Westchester Drive, over 600 feet away but within the area of the Hatanaka property. The area is being inundated with apartment complexes which is more than enough for their single-family area to bear. He is not opposed to garden type apartments with high wall. Ron Lenc, 3312 West Glen Holly. Traffic is already very heavy in the area. The addition of traffic from 20 more units will cause an even more dangerous situation. STAFF INPUT: Annika Santalahti, Assistant Director for Zoning. Confirmed the two and one half-story building was approximately 55 feet from the west property line and one and one half-story buildings were 9 feet from the west property line. Two-stories were within 150 feet of single-family on the property. SUMMATION BY APPLICANT: Charles Ross. In response to the opposition - drastic 'changes have been made in the drawings, he had previously assured Mr. Peck the developer would install any height wall approved by the City. If the two-story section were made into one-story, it would not have any different impact on the residents to the west, he submitted a sketch showing the line of sight and its minimal impact on Mr. Ledesma's property, he confirmed there is 9 feet from Mr. Ledesma's property to the building but that building involved only one-story over the garage. Relative to the number of stories, he used the terminology used by the City, i.e., 4-foot plus one-story is considered a one-story building. They did call out first, second and third floor to show the positioning of the garage relative to the two-story structure. COUNCIL CONCERNS: Councilwoman Kaywood. "Twisting" the Code and subsequently ending up with something that was never intended. She did not understand how there could be one-and-one-half-stories 9 feet away from single-family. The 757 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 1~ 1985, 10:00 A.M. people in the existing single-family residential had lived there for many years. She could not approve a project that would bring about a complete change in their living environment. Councilman Bay. The revised plans are the same as those presented at the last hearing. His concern is with two-and-one-half-stories within 55 feet of single family residential. He would also object to one-and-one-half-stories within 9 feet. COUNCIL ACTION: Mayor Roth closed the public hearing. MOTION: Councilwoman Kaywood moved to deny the revised plans submitted under the subject application. Councilman Bay seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 85R-434 and 85R-435 for adoption, denying Reclassification No. 84-85-34 and Variance No. 3477. Refer to Resolution Book. RESOLUTION NO. 85R-434: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING RECLASSIFICATION NO. 84-85-34. RESOLUTION NO. 85R-435: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3477. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Resolution Nos. 85R-434 and 85R-435 duly passed and adopted. 179: CONTINUED REHEARING - CONDITIONAL USE PERMIT NOS. 2460~ 2461 and 2462: APPLICANT: Riviera Mobilehome Parks, (a joint venture), 300 West Katella Avenue Anaheim, CA. ZONING/LOCATION/REQUEST: To add, amend or delete conditions of approval of Conditional Use Permit Nos. 2460, 2461 and 2462 on proposed RM-1000 zoned property located at 300 West Katella Avenue. CUP 2460, to permit a 17-story, 852 room hotel; CUP 2461, to permit two 14-story office complexes; CUP 2462, to permit two 180-unit condominium towers. Environmental Impact Report No. 262 relating to the subject conditional use permits was certified by the City Council at their meeting of January 24, 1984 as being in compliance with the California Environmental Quality Act along with the Statement of Overriding Consideration. HEARING SET ON: Council meeting of February 28, 1984. Review requested by Councilman Pickler and rehearing granted by the Council relative to certain requested amendments 758 8O City Hall~ Anaheim~ California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M. at the meeting of April 3, 1984 and continued from the meetings of May 15, June 5, July 24, October 9, November 27, December 18, 1984, February 12, March 5, April 16, May 7, May 14, May 28, June 4, June 18, June 25, July 9, July 16, August 20 and September 17, 1985, to this date (see minutes those dates). PUBLIC NOTICE REQUIRF2iENTS MET BY: Publication in Anaheim Bulletin February 2, 1985. Posting of property February 1, 1985. Mailing to property owners within 300 feet - January 31, 1985. PLANNING STAFF INPUT: See Staff Report from the Planning Department/Planning Division dated December 11, 1984 and February 26, 1985; Staff Report from City Attorney's Office dated February 6, 1985 and April 8, 1985. Jack White, City Attorney. Pursuant to and in accordance with Council direction, he drafted three proposed resolutions for consideration relating to the approval of three conditional use permits involved in the subject project. Copies of the drafts of the resolutions had previously been submitted to other departments in the City as well as to Mr. Farano, attorney representing the developer and applicant who was present in the Chamber audience. APPLICANT'S STATEMENT: Floyd Farano, attorney, Farano & Kieviet, representing Riviera Mobilehome Park. They are in concurrence with most of the conditions in the resolutions but have basic differences as follows: (1) Condition No. 3 in all three resolutions covering Conditional Use Permit Nos. 2460, 2461 and 2462 all of which deal with the construction of the storm drain. The Council, at its last meeting, acted upon a resolution which resolved that the City would, if necessary, use its power of eminent domain for the purpose of acquiring the real property interest necessary to build the roads across the FuJishige property to the south, The conditions required that the real property rights necessary to construct the storm drain be acquired coincidentally with the real property interests for the road. The way the conditions were set up, the storm drain would be separated from the standpoint of acquisition and installation paid for by Riviera out of their own pocket and reimbursed when the FuJishiges developed their property. The extension of Clementine and Convention Way would be acquired by condemnation if necessary. Ail of the benefit studies, establishment of assessment districts, etc., would be undertaken and paid for by Riviera and all of the costs would go into a "pot" and thereupon paid for by Riviera as to its portion, and the City would pay the Fujishige's portion and bill that directly to the Fujishlges with interest at the time their property was developed. He is 759 City Hall~ Anaheim; California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M. questioning why the storm drain and the roads should be handled differently and felt they should be handled in the same manner. Jack White, City Attorney. When the three conditional use permits were approved in principal and his Office instructed to draft conditions, what was being discussed was the City agreeing to front any difference between the fair share for the cost of the streets, including the acquisition of the right-of-way over and above Riviera's fair share. He did not understand that there was any discussion indicating the City would also front the cost of the right-of-way and installation of the storm drains. It has been the City's history that where storm drains benefit properties off-site these are installed pursuant to a benefit district. In such cases the developer who is required to either install facilities off-site or those that are of a supplemental size to benefit other projects is allowed to obtain a reimbursement agreement to recapture the costs from other developers when they develop. From the legal standpoint, that was the reason the conditions were written as submitted. Art Daw, Chief Design Engineer. It has been the general policy of the City that developers construct drainage facilities to the ultimate point of disposal. It would be at the Council's prerogative to amend that general policy. Floyd Farano. (2) Condition Nos. 11 and 12 to Conditional Use Permit No. 2461 concerns the construction of a pilot road in a "T" shape from the southerly property line of Riviera to Orangewood and then for the extension of Clementine from Convention Way to Harbor Boulevard. At no time in any discussions with anyone until Mr. Fujishige presented his ideas was anything ever discussed other than a pilot road. The conditions as prepared are a departure from the action taken by the Council at the last meeting. In a transcript made of the tapes and throughout the road is referred tO as the "pilot road" and at no time was anything other than the full width road ever discussed. Originally, it was to be an "L" shaped road - a pilot road with 60 feet right-of-way and 40-foot width. Thereafter, it was changed to a "T" shape but still a 40-foot road with 60-foot right-of-way. In June of 1985 pursuant to a study undertaken by their Traffic Engineer, it was decided that an ~L~ shaped road would be satisfactory. Looking at the minutes of the meeting, it is clear and there is no question that what was contemplated was an "L" shaped pilot road 40 feet in width for the roadway and 60-foot right-of-way. To extend the configuration to Orangewood or to make it a full width road, ultimate right-of-way with medians, curbs, 760 78 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M. sidewalks, gutters, street lights, etc. in an "L" shaped configuration is unnecessary and represents a substantial additional expense to the City since the City is going to front the FuJishige portion. They are prepared to show excerpts from the Council meeting where it was clear that a one-half width road was to be constructed and in their opinion a one-half width road in an "L" shaped configuration. In concluding, it is unlikely, unwieldy, inefficient, difficult and will incur a substantial additional expense as well as clerically to keep the costs separated. The acquisition of the real property for the roadway and storm drain should be handled exactly in the same way with the cost apportioned in that manner. The additional cost for extending the road for a pilot, 60-foot width and 40-foot pavement, construction and real property acquisition was going to be approximately 3500,000 or more. Jack White, City Attorney. Relative to the half width street, he did not believe there is a dispute that the City was requiring a full width street. The concern is over the "T" as opposed to the "L" shaped and he was under the impression the Council was considering a "T" shaped intersection. As worded now, the resolutions call for one-half width streets in a "T" shaped configuration and Mr. Farano was saying that should be half-width in an "L" shaped configuration. William Talley, City Manager. Staff recommended a "T" shaped pilot road and at one point in the negotiations, the subject came up, would the City accept an "L" shaped road. The City said it would if it were a fully improved road rather than a "T" shaped pilot road. It was his opinion Mr. Farano interpreted that to mean the City would accept an "L" shaped pilot road. City staff believes if the City were to accept an "L" shaped road, staff would only recommend that if it were a fully improved road. Other than that, the City is saying it wants the "T" shaped pilot road; Councilman Overholt confirmed that was his understanding as well. Paul Singer, Traffic Engineer. From the very beginning, he made the recommendation that a pilot road in a "T" shape be installed as a condition of the development. His position has never changed. The only change was when Mr. FuJishige demanded a fully improved street in exchange for the right-of-way where the City made a concession for a fully improved "L". That was perhaps where the misunderstanding originated but the condition had never changed. He also clarified for Councilman Bay that both Clementine and Convention Way being arterial streets in the City of Anaheim would have to be improved by the adjacent property owner to the full width when development occurred in the future. 761 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 1~ 1985~ 10:00 A.M. Councilman Pickler offered Resolution No. 85R-436, 85R-437 and 85R-438 for adoption, approving an amendment to the conditions of approval of Conditional Use Permit Nos. 2460 and 2462 and amending Resolution Nos. 84R-35 and 84R-37, and granting Conditional Use Permit No. 2461 upon rehearing. Refer to ResGlution Book. RESOLUTION NO. 85R-436: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 2460 AND AMENDING RESOLUTION NO. 84R-35. RESOLUTION NO. 85R-437: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2461 (REHEARING). RESOLUTION NO. 85R-438: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 2462 AND AMENDING RESOLUTION NO. 84R-37. Roll Call Vote: AYES: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 85R-436, 85R-437 and 85R-438 duly passed and adopted. RECESS - CLOSED SESSION: By general consent, the Council recessed into Closed Session to discuss the balance of items previously announced as subject of the Closed Session. (4:37 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (5:09 a.m.) ADJOUNMENT: Councilman Roth moved to adjourn. Councilman Bay seconded the motion. MOTION CARRIED. (5:10 p.m.) Mayor Roth also announced that a quorum was not anticipated for the Council meeting of October 8, 1985, due to the Annual League of Cities Conference held in San Francisco October 6 through October 9, 1985. LEONORA N. S0HL, CITY CT.~.RK 762