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1984/01/24City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRE SENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Tailey CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti TRAFFIC ENGINEER: Paul Singer Mayor Roth called the meeting-to order and welcomed those in attendance to the Council meeting. INVOCATION: The Reverend Rick Gastii, Hotiine Help.Center, gave the Invocation. FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. li9: RESOLUTION OF APPRECIATION: A Resolution of Appreciation was unanimously adopted by the City Council and presented to Jerry Frick, Legislative Analyst, and Steve Swaim, Community Services Manager, on behalf of the City employees for their contributions to the United Way appeal. 119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was unanimously adopted by the City Council to be mailed to the California Elected Women's Association for Education and Research, on the occasion of its 10th Anniversary. 144/173: PROPOSED COUNTY TRANSPORTATION CORRIDOR FEE PROGRAM: Presentation by Ken R. Smith, County of Orange Environmental Management Agency, on the proposed fee program to assist in financing the construction of the San Joaquin Hills and Foothill/Eastern Transportation Corridors. See reported dated December 27, 1983, from the Acting City Engineer--Subject: Major Thoroughfare and Bridge Fee Programs for Transportation Corridors (for information only), on file in the City Clerk's office. Attached to the report were letters dated September 28 and November 29, 1983, from M. I. Storm, Director of the Environmental Management Agency (EMA), which included their proposed program entitled Major Thoroughfare and Bridge Fee Program for San Joaquin Hills Transportation Corridor and Foothill/Eastern Transportation Corridors, prepared by Environmental Management Agency, Transportation/Flood Control Program office, September 28, 1983. (Also see subsequent memorandum from the City Engineer dated January 16, 1984, containing updated information on the subject.) Mr. Ken Smith briefed the Council on the aforementioned report, which included a description of the Corridors involved, planning, estimated costs, overall financing, methodology for determining area of benefit, fees, method of collection, etc. Mr. Smith also referred to the three maps posted on the Chambers wall, copies of which were included as a part of the report. The purpose of the proposed program was to have new development pay a reasonable 67 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. share of the cost of constructing the transportation systems involved. It would be a one-time development fee upon the issuance of building permits and the authority for such a program would be in the Government Code. Anaheim was involved in only one of the two fee programs. He then directed his emphasis toward the Foothill/Eastern Transportation Corridor, since that was the one Anaheim was most closely involved with. They estimated the cost of that facility to be ~635 million, and the new development share of the Corridor should be approximately 67 percent, based upon traffic generation today, or about ~424 million to be paid for by development. There would be no assessment proposed to existing dwelling units or buildings within the area. To give an idea of the fees they were talking about in the Foothill Corridor, for a single-family dwelling unit, ~i,185 per dwelling unit, multiple-family dwelling units, ~705, and retail/commercial $3.75 per square foot. They had to establish an area of benefit to distribute the costs, which he then explained. In concluding his presentation, Mr. Smith stated as far as City actions, they would welcome any actions by the City at or prior to the Board of Supervisor's hearing (expected to be mid-March). They would appreciate conceptual support, if that was possible, and they would also like at least for the cities to consider holding public hearings if the Board of Supervisors adopted the fee program. Mayor Roth stated he was getting alarmed, because last year the Federal government taxed gasoline five cents a gallon for roads, the one-cent sales tax proposal was going to be on the June ballot, and now the citizens who were going to be coming into the community were going to be asked to pay a premium to have the privilege of living in the area. He felt this kind of publicity at this time would be a hindrance in trying to convince citizens to support the one-cent sales tax. He maintained that the timing was poor. Councilman Bay noted in the staff report they showed $1,547 for each single-family detached and ~1,820 for a single-family estate. Those numbers did not coincide with the numbers quoted by Mr. Smith. Mr. Smith stated that was correct. The report he (Bay) had was published prior to public hearings with the Orange County Planning Commission. As a result of public hearing testimony and input by the Planning Commission, they had made some revisions and thus, the numbers he gave were the numbers to be presented to the Board of Supervisors~ Councilman Bay continued that his concern was similar to the Mayor's, not only in the timing, but also if the total fee cost ended up on top of the price of the home, the landowner and developer were not paying any of it. It would be paid for by the people buying the home, based on the theory of use of the Corridor. Therefore, he felt they were not going to get a great amount of opposition from the landowners, because the minute the program was initiated, their land was going to be worth more. He did not agree in concept with the theory that fees as set up by house or square footage of industrial or commercial were going to be paid by anybody other than the ones who were eventually going to buy. 68 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. Councilman Pickier asked how the proposal was going to tie in with the one-cent sales tax; Mr. Smith answered that the 15-Year Investment Plan identified by the Orange County Transportation Commission (OCTC) assumed in that program that there would be additional revenue provided in addition to the one-cent sales tax, which would be coming from the fee program. That additional revenue was the developer fees. The part included within the 15-Year Investment Plan was a part of the fees that he mentioned would be coming from other government funding sources. Thus, the 15-Year Investment Plan, the one-cent sales tax, would pay at least for the majority of the other proportion that developers would hot pay for. Councilwoman Kaywood asked if. the one-cent sales tax should not "fly," how would the proposed program be effected and would they be looking for higher fees. Mr. Smith answered that he did not believe they would be looking for higher fees. They had designed the program based on what they felt was a reasonable share. They would not be proposing to increase the fees, but looking for some other source. Councilwoman Kaywood stated if annexations took place, then the cities were to collect the fees. She wanted to know if it was the identical amount as the County was collecting. Mr. Smith stated that was what they were proposing, but each of the cities would hold their own hearings. Mayor Roth stated another thing he wanted to share, since he represented the Council on the Sanitation District, effective approximately three or four months ago, the County now no longer shared any portion of the property tax as traditionally had been done in the last 150 years in Orange County with the Sanitation Districts. What was now occurring was a user fee on sanitation hookups in tracts, so that when someone purchased a home in the new area, Sanitation District No. 13, which was exactly the area Mr. Smith was talking about, that citizen was going to have to pay another $1,000 to hook up to the sewer system. He felt they ought to evaluate the situation, not only with the proposal presented, but also involvin§ AB 8, where user fees were going to be involved in all new construction in that area and the ultimate and cumulative effect of ail those fees. He considered it to be double taxation. After Mr. Smith confirmed that they were anticipating the public hearing before the Board of Supervisors on approximately March 21, Councilman Overholt asked if City staff would be ready soon enough so that the Council could take an action prior to that day and instruct the Mayor or whoever the spokesman was going to be, to appear at that hearing. City Manager William Tailey stated they would have a report for the Council that would mostly contain the information they already had presented, unless the Board, prior to that time, indicated they wera going to change the policy. The staff at the County was recommending that the County adopt a plan 69 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. and imp6se tt~t plan on the City through LAFCO, so that in future annexations, it would be required as part of the annexation process. They would give the Council a "fine tuning" on it but, in essence, they were looking at the County's position and on March 2i, the Council could express its view to the Board. Councilman Bay stated that some of the other information that might-be helpful to them, such as the Mayor mentioned, the new fee schedules involved with Sanitation and also perhaps short summaries on how many new fees had come out of the Orange County Board of Supervisors over the last couple of years, such as the new fees on trash, solid waste, etc. They should look at the total trend to see what position they were going to take on the new fee being proposed. Councilman Overholt stated that their concern not be misinterpreted as a "deciaration'of war." Their concern was the manner in which financing of the Corridor was being proposed and he would like to see them deal with that specific question. They should research the other alternatives in order to make an intelligent presentation to the Board. His guess was that the position of the Council would "gel." He emphasized that the Board should interpret their concerns as being positive and not destructive or obstructive. Mayor Roth reiterated that staff should contact the Sanitation District relative to the user fee on new construction in the future and cost per household. They needed to make an analysis of compounding ail of those additional costs. He maintained, however, that the Eastern Corridor was vital to the City and Orange County, that they needed to formulate a position, but he did not feel they had all the information necessary at this time. Mr. Tailey stated that staff had been listening to the remarks and he was asking them to get a report back to the Council. One of the things the Council might want to consider was to discuss the matter at the monthly League of California Cities meeting. If they wanted to have an affect, the closer they came to a common view, the better off they would all be. MINUTES: Councilwoman Kaywood moved to approve the minutes of the meetings of December 20 and December 27, 1983, and January 3, 1984. Councilman Pickier seconded the motion, MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of ail 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 Overholt seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~2,217,758.45, in accordance with the 1983-84 Budget, were approved. 7O City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Overhoit, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilwoman Kaywood offered Resolution Nos. 84R-25 through 84R-33, both inclusive, for adoption. Refer to Resolution Book. Councilwoman Kaywood offered Ordinance No. 4476 for first reading. 1. li8: The following claims were filed against the City and action taken as recommended: A. Claims rejected and referred to Risk Management: 1. Claim submitted by Macco Constructors, Inc.~ for monetary loss purportedly sustained due to failure of City to provide materials for Santa Ana Canyon Road 36-inch Water Transmission Main, Phase I, on or about June 30, 1982. 2. Claim submitted by Magnolia Drug for monetary loss purportedly sustained due to power outage at 1003 North Magnolia Avenue, on or about December 12, 1983. 3. Claim submitted by Thomas Ratti for personal injuries purportedly sustained due to a fall caused by an uncovered hole in the street at 118 South Philadelphia Street, on or about August 21, 1983. B. Application for Leave to Present a Late Claim denied: 4. Application for Leave to Present a Late Claim submitted by Automobile Club of Southern California, Jesse J., Sr., and Leona C. Aragon, Insureds, for subrogation for property damages to car purportedly sustained due to an accident in which a City-owned vehicle was involved on Wagner Street near State College Boulevard, on or about April 5, 1983. 2. The following correspondence was ordered received and filed: a. 139: City of Seal Beach Resolution No. 3342, opposing the Howard Jarvis sponsored Constitutional Amendment Initiative to Article XIII-A of the California Constitution Relating to Property Taxation. b. 175: Before the Public Utilities Commission, Application No. 83-12-053 (NOI No. 110), Southern California Edison Company for Authority to Increase Rates Charged by it for Electric Service. c. 171: California State Board of Equalization Annual Report, 1982-1983. (on file) d. 107: Planning Department, Building Division--Monthly Report for December 1983. e. 107: Planning Department, Building Division--Annual Report for 1983. 71 City Hall~ Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. f. 105: Senior Citizens Commission--Minutes of%December 8, 1983. g. 105: Community Services Board--Minutes of December 8, 1983. 3. 155/175: Approving Negative Declarations for construction of replacement water mains in Harbor Boulevard between Broadway and southerly of Ball Road; in Santa Ana Street between Anaheim Boulevard and Manchester Avenue; in Citron Street between North Street and La Palma Avenue; and in Lemon Street between Broadway and Water Street. 4. 155/175: Approving Negative Declarations for the construction of water transmission - distribution mains in Brookhurst Street between Pacific Avenue and northerly of Bail Road; in West Street between Convention Way and northerly of Katella Avenue; and in Convention Way between West Street and Harbor Boulevard, including related appurtenances. 175: RESOLUTION NO. 84R-25: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: CONSTRUCTION OF SITE IMPROVEMENTS OF WELL SITES 40 AND 41, IN THE CITY OF ANAHEIM, ACCOUNT NO. 53-619-6329. (Bids to be opened February 23, 1984, 2:00 p.m.) 169: RESOLUTION NO. 84R-26: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: BROOKHURST STREET STREET AND WATER IMPROVEMENTS, 389' NORTH OF CRESTWOOD LANE TO 35' SOUTH OF CRESTWOOD LANE, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 13-792-6325- E2490; 53-619-6329-90280-31500; 54-605-6329-17330-34500 - AHFP NO. 1079. (Bids to be opened February 23, 1984, 2:00 p.m.) 167: RESOLUTION NO. 84R-27: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE TRAFFIC SIGNAL MAINTENANCE - CITYWIDE PROJECT, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 01-263-6325, 01-263-6340, 01-263-6750 AND 01-263-6752. (Signal Maintenance, Inc., ~273,867) 165: RESOLUTION NO. 84R-28: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A/~A/{EIM AWA/{DING A CONTRACT FOR THE BARRIER FREE ANAHEIM NO. 8 - AREA BOUNDED BY LINCOLN AVENUE, BALL ROAD, EUCLID STREET AND BROOKHURST STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 12-793-6325-E3790. (Damon Construction Company, ~51, 614. 25) 164: RESOLUTION NO. 84R-29: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE WEIR CANYON ROAD SEWER IMPROVEMENT PHASE II, 1656 FEET NORTH OF SANTA ANA CANYON ROAD TO SANTA ANA CANYON ROAD, IN THE CITY OF ANAHEIM, ACCOUNT NO. 11-790-6325-E0510. (Casada Engineering, Inc., $107,570.70) 123/129: RESOLUTION NO. 84R-30: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING AND DIRECTING EXECUTION OF SERVICE AGREEMENT WITH ANAHEIM, GARDEN GROVE, ORANGE FIRE TRAINING FACILITIES AUTHORITY, APPROVING OFFICIAL STATEMENT AND AUTHORIZING OFFICIAL ACTION. (for a Computer-Aided Dispatch System through the Joint Powers Authority) 72 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. 159: RESOLUTION NO. 84R-31: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DIRECTING THE FILING AND POSTING OF PREVAILING RATES OF PER DIEM WAGES PERTAINING TO PUBLIC WORKS. 123/153: RESOLUTION NO. 84R-32: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING CERTAIN FINANCIAL ARRANGEMENTS IN CONNECTION WITH THE ADMINISTRATION OF THE CITY'S EMPLOYEE HEALTH BENEFIT PLAN. (Equitable Life Assurance Society) 158: RESOLUTION NO. 84R-33: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A CERTAIN DEED AND ORDERING ITS RECORDATION. (URO Investment s) 142/149: ORDINANCE NO. 4476: AN ORDINANCE OF THE CITY OF ANAHEiM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.272, BY ADDING THERETO NEW SUBSECTIONS .055 AND .165 OF THE ANAHEIM MUNICIPAL CODE RELATING TO NO PARKING DURING SCHOOL HOURS. (certain portions of Falmouth Street and Water Street) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Bay, 0verhoit, Pickier and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ~. .~, MOTION CARRIED. The'Mayor declared Resolution Nos. 84R-25~through 84R-33, both inclusive, duly passed and adopted. .... 108: REQUEST FOR REHF_,,~t. ING - 32~IJSEMENT ARCADE APPLICATION - BARNES: Affidavit of Merit in support of a request for rehearing submitted by~ctavio Salazar on an amusement arcade application for Barnes, 120-122 West ~$nston Road, for nine amusement devices, was presented.. The application was denied by the City Council on January 17, 1984. The Mayor asked if any Council Member wanted to offer a motion or discuss the subject request. Councilman Overholt noted that on the Affidavit of Merit submitted by Mr. Saiazar, the primary reason was that he did not know he had to appear before the Council. City Clerk Linda Roberts confirmed that he had received a legal notice. Councilman Overholt moved to grant the request for a rehearing. Before any action was taken, the Mayor asked the City Attorney if there was any legal requirement on their behalf to hear the matter again, due to the fact that Mr. Salazar did not realize he was supposed to be present at the previous hearing. 73 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. City Attorney William Hopkins answered "no." He received a legal notice, which constituted the required action on the part of the City. It was unfortunate that Mr. Saiazar did not understand he should be present, but the City had done ail it could to notify him. There was no legal obligation involved and it was up to the Council to decide what they wished to do. Mayor Roth stated he would normally yield to a request for a rehearing, but there were people present at the last meeting who spoke in opposition and it was subsequently denied. He did not want to have them come back for another hearing. The Mayor asked again if there was a second to'the motion by Councilman Overhoit to grant the request for a rehearing. There was no second and, therefore, the motion died for lack of a second, thereby denying the request for a rehearing. 123/li2: ORGANIZATION AND MANAGEMENT REVIEW - CITY ATTORNEY'S OFFICE: Councilman Pickier moved to authorize an agreement with Ralph Andersen & Associates in an amount not to exceed ~35,000, to conduct an organization and management review of the City Attorney's Office, term expiring 12 weeks following date of execution of agreement. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 108: HEARING--ENTERTAINMENT PERMIT--MUGSY MALONE'S: Yueng Yi Tsai, Order to Show Cause Hearing why the Entertainment Permit for Mugsy Malone's, 173i South Harbor Boulevard, to permit mini-concerts, seven days a week, 8:00 p.m. to 1:00 a.m., should not be revoked because the permit as being used is detrimental to the public welfare. Mr. Harold Stokes, attorney appearing on behalf of Mr. Tsai and the owner of Mugsy Malone's, stated after the meeting with his client and the City Attorney, and also some private parties represented in the audience, Mr. Tom Goodman, representing the owner, he respectfully requested that the City Council receive his recommendation to withdraw the Entertainment Permit. They were proposing to go back to their original format, that being strictly a dinner-dance establishment with no mini-concerts or other activities that was permitted under their Entertainment Permit. Councilman Overholt asked for clarification, stating that presently Mugsy Malone's had an Entertainment Permit and Mr. Stokes was therefore asking that it be withdrawn on behalf of his client. City Attorney Hopkins stated the existing permit was being requested to be withdrawn. MOTION: Councilman Roth moved to terminate the Entertainment Permit held by Mr. Yueng Yi Tsai for Mugsy Malone's, 1731 South Harbor Boulevard, as requested. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 74 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. 108: ANAHEIM MARRIOTT HOTEL - ABATEMENT OF PENALTIES: Marriott Corporation, Taxes Division, for abatement of the penalty assessed on the late filing of the October 1983 Transient Occupancy Tax due on the Anaheim Marriott Hotel. Submitted was a report dated January 6, 1984, from the License Collector, recommending denial of the request for abatement of the penalty, as well as report dated January 16, 1984, from the City Attorney's office recommending that a hearing be conducted to determine whether the sum of $13,919.15 collected from the Marriott Hotel as a penalty on a delinquent Transient Occupancy Tax payment should be refunded in whole or in part. Mr. Joel Rothman, General Manager, Anaheim Marriott Hotel, first noted that present with him today was their Controller, Jon Stoutamire, the person responsible for the payment of the tax or a portion of it. They were respectfully appealing the penalty of $13,919.15 for being one working day and two hours late in payment of their October 1983 Transient Occupancy Tax. He then briefed.the Council on his letter dated December 21, 1983 (on file in the City Clerk's office), which explained in detail the hardships which were created by the installation of a new computer system in their hotel on October 18, 1983, and there were still many ongoing problems. The tax to the City was due on.Wednesday, November 30, 1983. On Thursday, December 1, 1983, at 4:00 p.m., they realized the tax had not been paid. They were at City offices at 10:00 a.m. on Friday, December 2, 1983. They had paid $139.19 in interest. The penalty stated it was ten percent for each month overdue. They were overdue a day and two hours.. They would prefer total absolution, but would suggest that perhaps a fair amount would be 1/30th of the penalty, which would amount to $463.97, or 1/30th and then a quarter, which would then be $579.96, or stretching it for full days, to $927.94, which would amount to an interest rate of 4.2 percent for two days. Their records, since changing accounting systems to meet the Transient Occupancy Tax was that they had paid the tax as early as the 15th of the month instead of the last day of the month, and generally paid the tax sometime in the mid-20's. Councilman Bay stated he would like to call a Closed Session to discuss litigation and potential litigation. RECESS - CLOSED SESSION: Councilman Pickier moved to recess into Closed Session. Councilman Bay seconded the motion. MOTION CARRIED. (10:57 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (11:28 a.m.) Mayor Roth stated they would like to continue the matter for one week with Mr Rothman's permission; Mr. Rothman indicated that was acceptable to him. Councilman Pickler moved to continue the request of the Marriott Corporation for abatement of penalties assessed on the late filing of the October 1983 Transient Occupancy Tax to Tuesday, January 31, 1984. Councilman Overhoit seconded the motion. MOTION CARRIED. 75 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to discuss litigation, potential litigation, labor relations and public security with no action anticipated; The City Attorney requested a Closed Session to discuss litigation and potential litigation with action anticipated. Councilman Roth moved to recess into Closed Session and a lunch break. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (11:35 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Councii~Members being present. (1:40 p.m.) 179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2506 AND NEGATIVE DECLARATION: Application submitted by Jean K. Fogarty, to permit a temporary trailer for a fish market on CL zoned property located at 2840 East Lincoln Avenue. The City Planning Commission, pursuant to Resolution No. PC83-215, 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, and further, granted Conditional Use Permit No. 2506, subject to the following conditions: 1. That in the event subject property is to be divided for the purpose of sale, lease, or financing, a parcel map to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 2. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 3. That a 6-foot high masonry block wall as measured from the highest finished grade of subject property, shall be constructed on the southerly property line for a minimum distance of approximately 135 feet or more adjacent to Lot Nos. 34 and 35 in Tract No. 4152. 4. That the use is granted for a period of two (2) years to expire on November 14, 1985. 5. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2; provided, however, that skirting shall be provided around the bottom of the temporary trailer to provide a sound barrier and that any necessary openings required for venting shall face north towards Lincoln Avenue. 6. That prior to final building and zoning inspections, Condition Nos. 2, 3 and 5, above-mentioned, shall be complied with. 76 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. A review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of December 6, 1983, and a public hearing scheduled and continued from the meeting of January 10, 1984, to this date. At the January 10, 1984 meeting, the public testimony portion of the hearing was closed. The Mayor asked if the applicant or applicant's agent was present; Ms. Jean Fogarty was present and stated that one of the owners of the proposed business was also present and would speak to the issue. Mr. Warren Finn, 12i56 Adrian, Garden Grove, explained that the business was a wholesale fish operation to the public consisting of ail frozen fish. Yesterday, he attempted to meet with his partner, Curtis Schwartz, at Los Angeles International Airport, since he had the full rendering and ali the details that the Council and neighbors were looking for. Mr. Schwartz was now in Seattle and would not be returning for approximately one week. He would, therefore, appreciate some kind of delay, a week or ten days, so that Mr. Schwartz could be present to provide the rendering, noise factors involved, parking and any other information the Council deemed necessary. Mayor Roth again amplified on the problems expressed by the neighbors who were present at the meeting of January 10, 1984, such as refrigeration operating 24-hours a day, ingress and egress, the fence to the rear, noise factors, etc; Councilman Overholt stated an additional problem was the question of odor that might emanate from the business from packaging and waste. Councilwoman Kaywood asked Mr. Finn if he was certain, should they continue the matter for two weeks, that renderings could be provided and all questions answered; Mr. Finn answered, without fail. Councilwoman Kaywood asked if just one of the neighbors was present at today's hearing, who she believed was Mrs. Betty Miller, and if she would have a problem returning in two weeks; Mrs. Betty Miller, who was present in the Chambers audience, answered "no." MOTION: Councilwoman Kaywood moved to continue the public hearing on Conditional Use Permit No. 2506 to Tuesday, February 7, 1984, at 1:30 p.m., with the stipulation that it would be the last continuance and that a decision would be rendered at that time, with or without the requested information. Councilman Roth seconded the motion. Councilman Pickler voted "No." MOTION CARRIED. 134/179/155: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 185 AND EIR NO. 262 - CONDITIONAL USE PERMIT NO. 2460 - RECLASSIFICATION NO. 82-83-'35 AND CONDITIONAL USE PERMIT NO. 2462: Request by Riviera Mobilehome Park, to consider an amendment to the Land Use Element of the General Plan from current Commercial Recreation designation to Medium Density Residential on approximately 5.3 acres of land located on the west side of Haster Street, south of Katella Avenue. At their meeting held January 3, 1984, the City Council set this date and time for public hearing on General Plan Amendment No. 185. 77 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. The City Planning Commission, in their Resolution No. PC83-232, recommended approval of Exhibit "A" designating the entire 5.3-acre study area for medium density residential land use and, further, after considering Draft EIR No. 262 for the proposed Riviera Project and reviewing evidence, both written and oral, presented to supplement Draft EIR No. 262, finds that EIR No. 262 is in compliance with the California Environmental Quality Act and the City and State CEQA Guidelines; and further finds that economic and social considerations make it infeasible to eliminate entirely the significant environmental impacts which have been identified in Final EIR No. 262. However, the benefits of the project have been balanced against the Unavoidable environmental impact and pursuant to the provisions of Section 15093 of the State CEQA Guidelines, the occurrence of the significant environmental effects identified in Final EIR No. 262 and as set forth above may be permitted without further mitigation due to the following overriding considerations: (1) after completion, the proposed project is expected to generate a net fiscal surplus of ~1,620,500 per year for the City. This will provide funds for the operation of programs for the benefit of all Anaheim residents which would not otherwise be economically feasible; (2) the proposed project will provide a balanced development which is compatible with and complementary to the adjacent commercial-recreational area; and (3) the proposed project will provide employment for an estimated 4,200 persons; therefore, certified EIR No. 262 for the Riviera Project and adopts this Statement of Overriding Considerations. CONDITIONAL USE PERMIT NO. 2460: Application submitted by Riviera Mobilehome Park, to permit a 17-stor~, 171-foot high, 852-room hotel with accessory uses and on-sale alcoholic beverages on proposed C-R zoned property located at 300 West Katella Avenue. The City Planning Commission, pursuant to Resolution No. PC83-231, certified EIR No. 262 as being in compliance with the California Environmental Quality Act and adopted a Statement of Overriding Considerations (see above) and, further, granted Conditional Use Permit No. 2460, subject to the following conditions: 1. That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land of variable width as required by the City of Anaheim for the construction of Clementine Street from Katella Avenue south to the southerly property line o~ subject property. 2. That all engineering requirements of the City of Anaheim along Clementine Street, including preparation of improvement plans and installation of ail improvements such as curbs and gutters, sidewalks, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer; and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of said improvements. Said security shall be posted with the City prior to approval of improvement plans, to guarantee the installation of the above-required improvements prior to occupancy. 78 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. 3. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. This shall include construction of a storm drain in Clementine Street such that will permit the travel lanes to remain unflooded in a 10-year design storm. Said storm drain shall extend southerly from Katella Avenue through subject property and continuing across property located directly south of subject property to the existing drain north of Orangewood Avenue. 4. That in the event subject property is to be divided for the purpose of sale, lease, or financing, a parcel map to record the approved division of Subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 5. That subject property within this tract shall be served by underground utilities. 6. Prior to commencement of structural framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. 7. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division, including the installation of on-site waste compactors. 8. That this Conditional Use Permit is granted subject to the completion of Reclassification No. 66-67-61 and Reclassification No. 82-83-26, now pending. 9. That the proposed hotel shall comply with all signing requirements of the "CR" (Commercial, Recreation) Zone, unless a variance is approved by the City of Anaheim. Further, no sign or other advertising devices shall be placed so as to exceed the over-ail height of the proposed hotel structure (171-foot high hotel topped with a 12-foot high parapet). 10. That the developer shall provide and maintain a television antenna or cable system, without charge to residents, to assure satisfactory television reception to any residences which are unable to receive a satisfactory level of television signals as a result of interference caused by the project structures. ii. Prior to issuance of a building permit, appropriate water assessment fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 12. Prior to occupancy of the hotel, the developer shall construct median islands along Kateila Avenue from Haster Street to Clementine Street without median breaks. 13. Prior to occupancy of the hotel, the developer shall construct median islands along Katella Avenue from Ciementine Street to the easterly terminus of an existing median east of Harbor Boulevard without median breaks. 79 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. 14. Prior to occupancy of the hotel, the developer shall modify the traffic signal at the intersection of Kateila Avenue and Clementine Street as required by the City Traffic Engineer. 15. Prior to issuance of building permits for each of the three construction phases, the developer shall pay the traffic signal assessment fees applicable to each phase minus the cost of signal modifications made at Kateila Avenue and Clementine Street (as required by the preceding Condition No. 14). 16. Upon occupancy of the hotel the developer shall provide bus shuttle service for guests to minimize the number of passenger vehicle trips. 17. That ail off-site real property interests necessary, to comply with the requirements set forth in this resolution shall be acquired and dedicated to the City of Anaheim within the times otherwise required in this resolution. 18. That the proposed building and above-grade parking structure shall be sprinklered in compliance with Fire Department requirements. 19. That a standpipe delivery system, emergency on-site water storage and fire control rooms shall be provided as reviewed and approved by the Fire Department. 20. That the developer shall contribute a pro-rata share of costs associated with the development of a new fire station site, a fully equipped fire station and appropriate apparatus to equip said station. Said pro-rata share of the total costs to be determined by the Anaheim Fire Chief pending completion of a study prior to issuance of a building permit. 21. That the developer shall install a distribution main in the Clementine Street right-of-way and through the project as reviewed and approved by the Water Engineering Division. 22. That the developer shall supply, if needed, an additional source of water to meet anticipated fire flow requirements as reviewed and approved by the Water Engineering Division. 23. That the owner(s) of subject property shall pay its proportionate share, and shall execute and record an agreement in a ~orm approved by the City Attorney's' Office obligating owner(s) to pay its proportionate share, of the cost of certain off-site public improvements and services pursuant to that certain assessment district or benefit area to be hereinafter established by the City of Anaheim, pursuant to the requirement of Development Agreement No. 83-01 between the City of Anaheim and Anaheim Stadium Associates. 24. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 9. 8O City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. 25. That prior to the commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of one'year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 8, 17, 20 and 23, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 26. That prior to final building and zoning inspections, Condition Nos. 3, 5, 7, 10, 18, 19, 21, 22 and 24 above-mentioned, shall be complied with. RECLASSIFICATION NO. 82-83-35 AND CONDITIONAL USE PERMIT NO. 2462: Application submitted by Riviera Mobiiehome Park, to consider a change in zone from RS-A-43,000 to RM-1000, on property located at 300 West Katella Avenue, to permit two 234-foot high, 180-unit condominium towers, with the following Code waivers: (a) minimum building site area, (b) maximum structural height, and (c) minimum landscaped setback. The City Planning Commission, pursuant to Resolution No. PC 83-233, certified EIR No. 262 as being in compliance with the California Environmental Quality Act and adopted a Statement of Overriding Conditions (see above), and further, granted Reclassification No. 82-83-35, subject to the following conditions: 1. That completion of these r~classification proceedings is contingent upon the granting of Conditional Use Permit No. 2462. 2. That completion of these reclassification proceedings is contingent upon completion at Reclassification No. 82-83-26. 3. That prior to introduction of an ordinance rezoning subject property, General Plan Amendment No. 185 shali be adopted by the City Council. 4. That an ordinance rezoning subject property shall in no event become effective except upon or following the recordation of a final map within the time specified in Government Code Section 66463.5 or such further time as the Planning Commission or City Council may grant. 5. That prior to the introduction of an ordinance rezoning subject property, Condition Nos. 2, 3 and 4, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are complied with within one year from the date of this resolution, or such further time as the Planning Commission may grant. 6. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 6. 7. That prior to final building and zoning inspections, Condition No. 5, above-mentioned, shall be complied with. 81 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. The City Planning Commission, pursuant to Resolution No. PC 83-234, granted Conditional Use Permit No. 2462, subject to the following conditions: 1. That prior to issuance of a building permit, appropriate park and recreation in-lieu fees shall be paid to the City of Anaheim in an amount as determined by the City Council. 2. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 3. That in the event subject property is to be divided for the purpose of sale, lease, or financing, a parcel map to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County~Recorder. 4. That subject property shall be served by underground utilities. 5. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. 6. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division, including the installation of on-site waste compactors. 7. That exercise of this Conditional Use Permit is contingent upon the completion of Reclassification No. 82-83-35, now pending. 8. That service for sanitary sewers shall be from the existing 2i inch sewer in Katella Avenue. 9. That exercise of this Conditional Use Permit is contingent upon the completion of Reclassification No. 82-83-26 (removal of the (MHP) Overlay Zone), now pending. 10. That prior to issuance of a building permit, appropriate water assessment fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 11. That the proposed residential high-rise towe~s shall be sprinklered in compliance with Fire Department requirements. 12. That the developer shall provide and maintain a television antenna or cable system, without charge to residents, to assure satisfactory television reception to any residences which are unable to receive a satisfactory level of television signals as a result of interference caused by the project structures. 82 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. 13. That no permits shall be issued by the City of Anaheim for the exercise of this conditional use permit except following the exercise and compliance with all conditions of Conditional Use Permit No. 2460 (17-story, 171-foot high, 852-room hotel). 14. That prior to issuance of building permits the developer shall pay the traffic signal assessment fees minus the cost of traffic signal modifications made at Katella Avenue and Clementine Street. 15. That a standpipe delivery system, emergency on-site water storage and fire control rooms be provided as reviewed and approved by the Fire Department. 16. That the developer shall contribute a pro-rata share of costs associated with the development of a new fire station site, a fully equipped fire station and appropriate apparatus to equip said station. Said pro-rata share of the total costs to be determined by the Anaheim Fire Chief pending completion of a study. 17. That the developer shall install a distribution main in the Ciementine Street right-of-way and through the project as reviewed and approved by the Water Engineering Division. 18. That the owner(s) of subject property shall pay its proportionat~ share, and shall execute and record an agreement in a form approved by the City Attorney's Office obligating owner(s) to pay its proportionate share, of the cost of certain off-site public improvements and services pursuant to that certain assessment district or benefit area to be hereinafter established by the City of Anaheim, pursuant to the requirement of Development Agreement No. 83-01 between the City of Anaheim and Anaheim Stadium Associates. 19. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 6. 20. That prior to issuance of a building permit, the owner of subject property shall record a covenant, in a form approved by the City Attorney and the Planning Director, prohibiting conversion of the individual residential condominium units to time share residential condominium units. 21. That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the proposed project is in conformance with Council Policy Number 542 "Sound Attenuation in Residential Projects". 22. That this conditional use permit is granted subject to the approval of a tentative tract map. 23. That prior to final tract map approval, the original documents of the covenants, conditions, and restrictions, and a letter addressed to the developer's title company authorizing recordation thereof, shall be submitted 83 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. to the City Attorney's Office and approved by the City Attorney's Office and Engineering Division. Said documents, as approved, will then be filed and recorded in the Office of the Orange County Recorder. 24. That prior to the commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 7, 9, 13, 16, 18 and, 23, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 25. That prior to final building and zoning in'spections, Condition Nos. 2, 4, 6, 8, 11, 12, 15, 17, and 20, above-mentioned, shall be complied with. Councilman Pickler had requested review of the Planning Commission's action on Conditional Use Permit No. 2460, Reclassification No. 82-83-35 and Conditional Use Permit No. 2462 at the meeting of January 3, 1984, and public hearing scheduled this date. The Mayor asked to hear from the applicant or applicant's agent. Mr. Floyd Farano, 2555 East Chapman Avenue, Fullerton, first introduced staff members, consultants and the architect on the project, Dan Rowland. He then explained that they had reviewed the EIR and it was discussed at length with members of staff as to the effects of the project on the surrounding community, and matters necessary to mitigate those effects. (Also see minutes of the Planning Commission hearing of December 12, 1983, where extensive discussion took place and input received.) He believed he was correct in saying that ail aspects or any adverse or other impacts that would be caused by the project had been provided for and corrected in a manner that would lessen or alleviate the impact entirely. Before continuing, Mr. Farano moved to the model of the development and briefed the Council on the proposed Riviera project, which would occupy 23.4 acres: Hotel, office and residential condominium development (a picture of the model had previously been made a part of the record--although the two highrise office buildings were a part of the project, that conditional use permit was not before the Council today). Mr. Farano then continued that they agreed with all mitigation actions that had been stated in the EIR and in the staff report. They believed that one of the most important aspects of the entire project was the extension of the storm drain from the southern.terminus of their property to Orangewood Avenue. The EIR and staff report made it clear that prior to the commencement of any construction, that that extension must be made, and they agreed to pay for the construction of that extension. The traffic medians to be constructed on Katella and Haster were part of the overall impact and they had agreed to construct those medians. Water, electricity and ali other aspects being impacted by the development were taken care of by the mitigation measures and, he reiterated, they had agreed to ail aspects to mitigate those. 84 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. One other important point was that oL.~ of the bases upon which the project was favorably acted upon by the Planning Commission dealt with the Cost Benefit Study. The EIR stated that the benefits of the project to the City were in excess of $2 million, whereas the cost to the City to maintain the development totalled approximately $388,000. Thus, the City would realize a cost benefit of approximately $1,600,000 per year. One of the most important aspects of the project was that for the first time it took into consideration a mixed use of hotel, office towers and residential highrise buildings. In order to provide a good perspective as to how it would impact the area and what it would mean to the City, they had undertaken investigation and research that took them outside of Orange County, since there was no project comparable to that being proposed in Orange County. Mr. Farano then submitted and briefed the material contained in a booklet showing photographs of locations in which single-family residences, condominiums .and/or apartment buildings were located within one block or abutting highrise condominiums or office buildings. (The booklet was previously made a part of the record.) It also contained the results of interviews of residents in Beverly Hills and Long Beach located within one-eighth of a mile of the highrise buildings shown in the photographs, the results of which indicated no outrage or absolute objection to living in such close proximity. Also included in the booklet was a paper compiled by KFWB Newsradio 98 in cooperation with the Regional Affairs Council of Southern Caiifornia--"Future Shelter" February, 1983. The conclusions the experts reached was that if the population in Southern California and in other parts of the United States was to continue without encroaching into open spaces, that the density per square foot must be increased. Relative to the project itself, they had tried to give the City a class project with little or no waivers. At the last hearing before the Planning Commission, a gentleman from Disneyland was present and mentioned they were concerned about the line-of-sight restrictions. He (Farano) did not believe the project would violate the height or line-of-sight restrictions, but they were willing to engage in a balloon test if necessary and would stipulate to the extent that the project would exceed the height limitations, they would reduce the project accordingly. An item that he did want to discuss with the Council related co Condition No. 23 of the Planning Commission under Conditional Use Permit No. 2460, and Condition No. 18 under Conditional Use Permit No. 2462, both conditions being identical, dealing with the requirement that the applicant must execute an agreement with the City pursuant to the requirement of development agreement No. 83-01 between the City of Anaheim and Anaheim Stadium Associates (Cabot, Cabot and Forbes), a circumstance where a developer was leasing land from the City. They did not think that kind of agreement or condition applied to the subject project and requested, if the Council considered their development favorably, that that condition be deleted. Other than that condition (imposed under both CUP's), they were agreeable to all the conditions set forth in the staff report. Since the applicant and owner were willing and proposing to construct all on-site developments, as far as the subject portion of the project was concerned, they did not think that condition should apply. 85 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984~ 10:00 A.M. Mayor Roth asked for clarification from staff relative to Condition Nos. 18 and 23 under their respective CUP's. Paul Singer, Traffic Engineer, explained that item was part of a development agreement that hopefully they would be able to promulgate throughout the entire area in order to effect the proposed parking and circulation outside improvements that would become necessary in the future. They had a similar agreement with other hotels in the area. It would be an integrated parking district and perhaps an integrated transportation system. They did not at present have a plan viable enough so that they could extract specific dollar amounts. Mayor Roth stated although he agreed with the concept, he had a problem in imposing a condition without a dollar figure. Mr. Singer stated that had come up before and he could not answer other than to state the developer would be obligated in some way to participate to his own benefit. The entire scope of their project was to benefit the adjacent properties. Mr. Farano stated one of the conditions was to pay a proportionate share of the new fire station and they agreed with that. They were looking for something certain so that they could get a better handle on the situation. His client had not shown any indication of shirking his responsibility or not carrying his share of the load. However, this was a bit different and uncertain enough where they would not like to be in it alone. If only those developments that came in in the last year and a half were involved, those later developments were picking up the load for everyone else. He reiterated the only Problem they had with the condition was that fact that it was uncertain, unknown and open-ended, so that it did not give them a feeling that their contribution was going to be a proportionate one and not something more. Mr. Singer explained the condition was not only for any new development but also hopefully in the future would encompass the existing units and businesses in the entire area, in order to effect a more viable transportation system and parking district. He commented further that he hesitated to call it a district, because that was a specific, and at the present time it was not that specific. City Manager Talley stated if this concern had been known earlier, they might have been better prepared to address it. Me would like to see staff work with t°ne City Attorney's office in coming up with the agreement and also the reasons for it. They were getting into a new policy area that basically addressed the major problem of traffic and parking in Anaheim. They should, perhaps, prepare a staff report and submit it in two or three weeks. The staff could either answer or confirm Mr. Farano's concern, but they should not do it today, verbally. On the other hand, they did not want a development this major without securing the approvals they were going to need in five or ten years in order to do some of the things they were talking about to get a handle on the Convention Center/tourism, parking management problems. 86 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. Mr. Farano stated he had been instructed to participate to an extent of any, new development that improved the area to the proportionate share of his client's development. They did not disagree with the principle. Councilman Pickier asked if he would agree to a delay, since Mr. Talley indicated they should hold off; Mr. Farano emphatically answered "no." If there was a proposal that the matter be continued, he would rather have the Council act on it today with some kind of understanding, and a binding stipulation between the City and his client, that the matter be further reviewed. They did not have problems with what Mr. Talley and Mr. Singer said. They were in favor, encouraged and would participate in it. Mayor Roth, speaking to the City Manger, stated that Mr. Farano was stipulating that he would support, cooperate and participate in an assessment district or benefit area. He wanted to know how they could deal with that issue when they voted on the matter today. Mr. Tailey stated his recommendation was that he either agreed to the condition or that staff go back and work up'the exact documentation and prepare a report; the Mayor stated they expected the applicant to participate and agree today, and after it was fine-tuned, he could request a hearing on that particular issue. Mr. Talley stated, or they could continue it for two or three weeks. Mr. Farano stated he would agree to accept the condition if the Council acted on the project today, but with the stipulation and understanding that the staff would work on the issue of the agreement within the next two weeks or a month, so that they could have a better understanding, and they would also work with the City. Councilwoman Kaywood asked the reason for delaying the parcels with the office buildings and handling them as a separate project. Mr. Farano answered that they agreed to construct a road to the southerly terminus of the property to the extension of Convention Way and Convention Way tO Harbor Boulevard. At the Planning Commission hearing or just before, they learned that what was actually entailed was the construction of a road ali the way to Orangewood Avenue. That did not bother them all that much either, except for the fact that it would also require them to acquire the fee interest and to buy the land on which the road was going to be constructed. They discussed the matter with Mr. Fujishige, owner of the property to the south, and it appeared there was a 'possibility for some mutual agreement that would make everyone happy. The road to the south would not become necessary until the office buildings were constructed. Their proposed phasing was that the hotel would be the first phase, the condominiums the second phase, and the office towers the third phase. They were hoping to start construction in the fourth quarter of 1984. It would be six or seven years before they started the office towers. The necessity for the road, according to the EIR with which Mr. Singer agreed, was that it was not necessary until the third phase of the project. 87 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. Councilwoman Kaywood asked for clarification from Mr~ Singer; Mr. Singer stated what he tried to convey and Mr. Greer (consultant) agreed, the road would be necessary at the last point when the office buildings were constructed. Actually, it was desirable right now, but it would be absolutely necessary then. Councilwoman Kaywood stated she found it hard to believe that they could add an 850-room hotel and 360 condominium units without having a road in there at that time. Mr. Singer explained that the residential project would impact primarily Haster Street and Kateila Avenue and that the hotel was going to impact Katella Avenue and Clementine Street at off-peak hours. The office complex would have the greatest impact on the area because of the sheer volume of traffic with peak hour destination the same as an 8-5 operation. Therefore, the office development would be the one that would ultimately impact Kateiia Avenue the heaviest. What they were trying to do by extending Clementine to Orangewood Avenue and Convention Way to Harbor, was to provide two additional circulation points and avoid over-congestion at Katella Avenue and Harbor Boulevard. The bypass was not going to affect event traffic, which was the reason for congestion at this time. Councilwoman Kaywood stated to her the intelligence of having the condominium towers was because of the office towers, assuming that people would be living and working right in the same area where they would not need a vehicle and could walk to their office; Mr. Singer stated that seldom happened. Councilwoman Kaywood stated she then had a problem with changing the CR designation to residential altogether. Councilwoman Kaywood asked Mr. Farano what market he was aiming at relative to the condominiums. She thought the expectation was for the people who would be working in the office towers. Mr.. Farano stated the condominiums would be in the range of ~200,000 to $250,000. Councilman Bay then asked Mr. Farano, relative to Condition No. 23, did his principal consider that to be a non-estimatable liability the way it was stated, and one that they could not size across the financing of the project; Mr. Farano answered "yes." Councilman Bay stated relative to the assessment district, or whatever it would be called as a combined effort to solve general problems in the CR area dealing with transportation, he could not agree more that there would eventually have to be cooperation with the private sector working with the public sector. However, it was a surprise to them they were putting those obligations, still undefined, into conditions on developments. He did not think that policy came from the Council, although perhaps it might have. His view of an authority or district to help pay for and solve those problems to 88 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. the benefit of ail in the private sector was one that was going to be set up and sold to the owners and participants on the basis of the good it would be to their businesses, as well as the good of ail businesses. He reiterated, he was not sure he agreed with the concept that as new developments came in to impose that condition, putting them in a position of having a non-estimatabie liability against their development. There needed to be a great deal more discussion on just the philosophy of that concept. Mr. Farano again agreed to accept the condition if they could later have the opportunity to make a presentation to the Council, if necessary, to ask for Withdrawal or to modify it. Councilwoman Kaywood then posed questions relative to the fiscal impact analysis as broached by Mr. Farano, and whether staff was satisfied that that was, in fact, the fiscal impact, noting particularly that the Chief of Police stated that seven new police officers, plus backup, would be necessary for a project of the magnitude proposed. Mr. Greg Broughton, Planning Consultants Research, 1629 Stanford, Santa Monica, stated they had prepared the EIR. In preparing the fiscal impact report, he personally had a number of conversations with Ron Rothschild in Program Development an~ Audit regarding the appropriate methodologies to use, given the data base the City had available. The costing side of the equation in many instances came out of the decisions previously made on a project of comparable scale, specifically the Cabot, Cabot and Forbes development (at Anaheim Stadium). Relative to the seven police officers, what the Chief said was that the project would probably be the project which would encourage them to double the police beat in an area currently served by a single beat. Ail of the burden of the additional costs could not be assigned to this project specifically. The methodology for assigning an increment of costs was similar to that of Cabot, Cabot and Forbes. The fiscal impact report was on Page 163 of the Draft EIR, and the cost was predicted to be somewhere in the order of $124,000 a year. Councilwoman Kaywood stated she did not read it that way. She thereupon read Item E, Page 4-k of the staff report, wherein it stated that the project would place demand at a breaking threshold, requiring that the existing patrol beat area be split into two beats, and that such an action would require the addition of seven new officers, as well as support equipment. Her understanding was that it was an addition and not instead of. Mr. Farano answered that it was true that there might be some extra expense because of police protection and other services, but what the fiscal impac~ in cost benefit analysis reflected was, taking all those into consideration, the City would net an increase of approximately $1,600,000 a year, as he had previously reported. Additional discussion and questioning followed relative to the cost for seven police officers, indicated as $124,000. Councilwoman Kaywood did not agree with that figure; later in the hearing, City Manager Talley reported that 89 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, i0:O0 A.M. relative to police services, the Police Department stated that the Chief felt the development would require them to add another beat which would take seven people, including civilians, five officers and two support people in records, which he valued at approximately ~280,000. The fiscal impact compared the project to the Stadium project saying, in essence, they should not have to take the "blame" for the entire district because it caused the necessity for the new beat, but it was not going to take it all up. In comparing it with the Stadium project, they valued that as one-half a patrol beat, or ~140,000, their share being roughly ~124,000 of that beat and, therefore, they should pay for approximately 45 percent of a patrol beat. Councilman Bay stated the conclusions he reached from that was that staff was not questioning the credibility of the EIR; Miss Santalahti stated "no," they were not. Councilwoman Kaywood also posed additional questions to Mr. Farano regarding the net density of the project and the fact that there was nothing like it in Orange County. The Mayor asked if anyone wished to speak, either in favor or in opposition. Mr. Masao Fujishige, 1848 Margie Lane, then read his letter dated January 6, 1984, which he submitted to the Council (and also previously made a part of the record), as well as an addendum attached to that letter (made a part of the record. The essence of Mr. Fujishige's letters dealt with the importance of agricultural preserves, which he and his brother owned and presently operated as a farm at 1854 South Harbor Boulevard, adjacent to the subject property on the south. The letter stated, "A land preservation contract between a landowner and City cannot be cancelled...to make way for development where the development was predictable. The City has not shown that all other alternative methods of alleviating the traffic circulation problems have been exhausted. There has been no finding here that the public interest in open spaces, the conservation of prime agricultural land, was outweighed by the public interest in additional housing and albeit development...the extension of Clementine and Convention Way are not agricultural purposes. Furthermore, if the City wishes to diminish the preserve in any way, it must give me, by law, 60 days' notice before the annual contract renewal date. A public hearing is mandatory." Mr. Frank Flynn, 300 West Katella, stated he compared the proposed project with the one in Century City. It was his opinion that they had nothing to offer the people who were going to be living in the proposed condominiums, whereas such developments in Century City and Santa Monica had things to offer in the surrounding area, and there was no congestion. He could see the hotel and the office buildings, but not the condominiums. There being no further persons who wished to speak, the Mayor closed the public hearing. 9O City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. 155: ENVIRONMENTAL IMPACT REPORT NO. 262 - CERTIFICATION: On motion by Councilman Roth, seconded by Councilman Bay, the City Council, after considering Draft EIR No. 262 for the proposed Riviera project and reviewing evidence, both written and oral, presented to supplement Draft EIR No. 262, finds that EIR No. 262 is in compliance with the California Environmental Quality Act and the City and State CEQA Guidelines; and further finds that economic and social considerations make it infeasible to eliminate entirely the significant environmental impacts which have been identified in Final EIR No. 262. However, the benefits of the project have been balanced against the unavoidable environmental impact and pursuant to the provisions of Section 15093 of the State CEQA Guidelines, the occurrence of the significant environmental effects identified in Final EIR No. 262 and as set forth above may be permitted without further mitigation due to the following overriding considerations: (1) after completion, the proposed project is expected to generate a net fiscal surplus of ~1,620,500 per year for the City. This will provide funds for the operation of programs for the benefit of ail Anaheim residents which would not otherwise be economically feasible; (2) the proposed project will provide a balanced development which is compatible with and complementary to the adjacent commercial-recreational area; and (3) the proposed project will provide employment for an estimated 4,200 persons; therefore, certified EIR No. 262 for the Riviera Project and adopts this Statement of Overriding Considerations. Councilwoman Kaywood abstained. MOTION CARRIED. Councilman Roth offered Resolution Nos. 84R-34 through 84R-37, both inclusive, for adoption, approving General Plan Amendment No. 185, Exhibit "A", granting Conditional Use Permit No. 2460, approving Reclassification No. 82-83-35 and granting Conditional Use Permit No. 2462, subject to City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO. 84R-34: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 185, EXHIBIT "A." RESOLUTION NO. 84R-35: A RESOLUTION OF THE CITY COUNCIL OF THE CITY COUNCIL GRANTING CONDITIONAL USE PERMIT NO. 2460. RESOLUTION NO. 84R-36: 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. (82-83-35) RESOLUTION NO. 84R-37: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2462. Before a vote was taken, Councilwoman Kaywood referred to Page 4-c of the staff report relating to density of the project. She asked staff their recommendation or feeling on the type of density proposed, since the RM-1000 designation they were looking for would be 43 to the acre and they were requesting 70.4 to the acre. 91 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. Miss Santalahti stated the number was consistent with the General plan designation shown on the posted exhibit, but agreed that it was a residential density that was not there before, and they had not seen a proposal like it before. Councilman Bad. stated the Council as the Redevelopment Agency had thought for some time that there would be highrise residential densities planned into the Downtown Redevelopment Area. He looked at the overall project, the benefits to the City and the fact that it was breaking precedent on highrise residential as a good starting point. It was something they had looked forward to occurring in the City, but he had no idea a couple of years ago that it would occur first on Katella in a commercial-recreation area. He felt it would be helpful if they faced the highrise densities of practical residential that would be needed in DoWntown Redevelopment. Therefore, he would support the development. Councilwoman Kaywood stated dividing the project into two separate parts was of great concern to her. A vote was then taken on the foregoing resolutions. Roll Call Vote on Resolution Nop. 84R-34, 84R-36 and 84R-37: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Bay, 0verholt, Pickier and Roth Kaywood None Roll Call Vote on Resolution No. 84R-35: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, 0verholt, Pickler and Roth None None Councilwoman Kaywood clarified that she voted "No" on the whole project, but had no objection to Conditional Use Permit No. 2460. The Mayor declared Resolution Nos. 84R-34 through 84R-37, bogh inclusive, duly passed and adopted. RECESS: By general consent, the Council recessed for ten minutes. (3:35 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:47 p.m.) 134/179/170: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 189 AND NEGATIVE DECLARATION - RECLASSIFICATION 83-84-14 AND TENTATIVE TRACT NO. 12102: Request by Anaconda Ericsson, Inc., to consider an amendment to the Land Use Element of the General Plan from current General Industrial designation to Low-Medium Density Residential on approximately 9.4 acres of land located on the south side of Crescent Avenue, north side of Alameda Avenue, west of 92 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. Muller Street. At their regular meeting held January 3, 1984, the City Council set this date and time for public hearing on General Plan Amendment No. 189 and negative declaration therefor. The City Planning Commission, in their Resolution No. PC83-241, recommended approval of Exhibit A, changing the General Plan designation from general industrial to low-medium density residential and, further, pursuant to the provisions of the California Environmental Quality Act, 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. RECLASSIFICATION 83-84-14: Application by Anaconda-Ericsson, Inc., for a change in zone from ML to RM-3000, to construct a i36-unit condominium complex on property located on the south side of Crescent Avenue, 680 feet west of Muller Street. The City Planning Commission, pursuant to Resolution No. PC83-242, pursuant to the provisions of the California Environmental Quality Act, 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 and, further, granted Reclassification No. 83-84-14, subject to the following conditions: 1. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Alameda Avenue in an amount as determined by the City Council. 2. That prior to issuance of a building permit, appropriate water assessment fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 3. That prior to final tract map approval, appropriate park and recreation in-lieu fees shall be paid to the City of Anaheim in an amount as determined by ~he City Council. 4. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council for each new dwelling unit. 5. That prior to final tract map approval, vehicular and pedestrian access rights to Alameda Avenue shall be dedicated to the City of Anaheim. 6. That all engineering requirements of the City of Anaheim along Crescent Avenue, including preparation of improvement plans and installation of ail improvements such as curbs and gutters, sidewalks, street grading and 93 City Hall, Anaheim, California - COUN~iL MINUTES - January 24, 1984, 10:00 A.M. , pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engimeer; and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of said improvements. Said security shall be posted with the City prior to final~'tract map approval or issuance of building permits, whichever occurs first, to guarantee the installation of the above-required improvements prior to occupancy. 7. That all private streets shall be developed in accordance with the City of Anaheim's Standard Detail No. 122 for private streets, including installation of street name signs. Plans for the private street lighting, as required by the standard detail, shall be submitted to the Building Division for approval and included with the building plans prior to the issuance of building permits. (Private streets are those which provide primary access and/or circulation within the project. 8. That prior to final tract map approval, street names shall be approved by the City Planning Department. 9. That temporary street name signs shall be installed prior to any o~cupancy if permanent street name signs have not been installed. 10. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates within a distance of forty (40) feet from said public street rights-of-way shall be subject to the review and approval of the City Traffic Engineer. 11. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 12. That subject property shall be served by underground utilities. 13. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. 14. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 15. That an ordinance rezoning subject property shall in no event become effective except upon or following the recordation of a final map within the time specified in Government Code Section 66463.5 or such further time as the Planning Commission or City Council may grant. 16. That the property owner shall landscape and record a covenant, as approved by the City Attorney's Office, agreeing to maintain the 3-foot wide City owned parkway and the 15-foot wide landscaped setback area adjacent to the north side of Alameda Avenue. 94 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. 17. That street lighting facilities along Alameda Avenue shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager, and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to final tract map approval or issuance of building permits, whichever occurs first. The above-required improvements shall be installed prior to occupancy. 18. That this Reclassification is granted subject to the approval of Tentative Tract No. 12102. 19. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 1257 to the Planning Department. 20. That a 6-foot high masonry block wall shall be constructed along the easterly, westerly and northerly property lines, and along the southerly property line abutting the 15-foot wide landscaped area adjacent to Alameda Avenue. 2i. That prior to final tract map approval, the original documents of the covenants, conditions, and restrictions, and a letter addressed to the developer's title company authorizing recordation thereof, shall be submitted to the City Attorney's Office and approved by the City Attorney's Office and Engineering Division. Said documents, as approved, will then be filed and recorded in the Office of the Orange County Recorder. 22. That General Plan Amendment No. 189 shall be adopted by the City Council. 23. That prior to issuance of building permits for each of the four phases, the property owner shall submit a vehicular circulation and street plan for review and approval by the City Traffic Engineer, Fire Department and Sanitation Division. 24. That prior to approval of the final map the owner of subject property shall acquire and dedicate to the City of Anaheim additional right-of-way as determined to be necessary by the City Traffic Engineer, for street widening and street improvement purposes for property located north of subject property across Crescent Avenue. The owner of subject property shall further construct all necessary street improvements as required by the City Engineer and in accordance with plans on file in the Office of the City Engineer. 25. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 8. 26. That prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 15, 18 and 19, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by 95 City Hall, Anaheim, California - COUNCIL MINUTES - January 24,~1984, i0:00 A.M. action of the Planning Commissiom unlc s said conditions are complied with within one year from the date of this resolution, or such further time as the Planning Commission may grant. 27. That prior to final building and zoning inspections, Condition Nos. 10, 11, 12, 14, 16, 22 and 24, above-mentioned, shall be complied with. TENTATIVE TRACT NO. 12102: Submitted by Anaconda-Ericsson, Inc., to establish a 5-lot, 136-unit RM-3000 zoned condominium subdivision on property located on the south side of Crescent Avenue, west of Muller Street. The Tentative Tract Was approved by the Planning Commission at their meeting of December 28, 1983, subject to certain conditions. A review of the Planning Commission's decision on the Reclassification and Tentative Tract was requested by Councilwoman Kaywood at the meeting of January 3, 1984, and a public hearing scheduled this date. The Mayor asked if the applicant or applicant's agent was present. Mr. Barry Cottle, Senior Vice President, Century American Builders/Developers, 1428 East Chapman Avenue, Orange, stated that they were present today to ask for approval to develop 136 condominiums on 9.5 acres on Crescent Avenue in Anaheim. Their plans conformed to ail City requirements and thus, they were not asking for any variances or waivers at all. He then described the project working from the site plan posted on the Chambers wall. They had worked closely with staff and were in agreement with their conditions and recommendations for approval. He thereupon introduced one of the consultants, Bob Mickelson. Mr. Bob Mickelson, 3823 East Giassell, Orange, stated he had talked to members of the Chamber of Commerce, including their Executive Director, about changing industrial land to residential. Their Industrial Committee was generally opposed to reducing the industrial inventory in the City. They did not disagree with that, but in this particular case, the 9.5 acres they were talking about was better suited to residential than industrial. To better explain, he submitted a letter dated January 20, 1984, from Mr. David Daddario, Vice President, Security Pacific Realty Advisory Services, consultant to Anaconda Ericsson, who performed an in depth study of the property. Re read excerpts from that letter as follows: "...we encountered strong resistance to use of the ten-acre Crescent Avenue frontage by industrial companies. Industrial companies felt that the 20-acre Muller Street property would be more suitable for their operations and long term objectives .... After many months of meetings and discussions with industrial companies, developers, and members of the real estate community, it was determined that: ...the lO-acre frontage along Crescent Street should be rezoned for a quality residential use that would be more compatible with developments to the south and west...after interviewing a number of developers, Century American was selected for a 10-acre residential project along Crescent Avenue." Mr. Mickeison then advised that this was a company that could come in, take a piece of property and develop it without a single 96 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. variance. They were meeting ail the standards of the City. Working from the posted zoning map of the subject site, they felt there were a couple of elements that made sense. First, the proposal tended to square off the residential area. Secondly and probably most important was that the relationship batween the vacant industrial and existing residential could be enhanced by the project. Lastly, even though people were concerned with the lack of industrial property, there was also a legitimate concern for the lack of residential property. They were convinced that there was a need for that type of quality and residential in that area. Mr. Cottie then confirmed for Councilwoman Kaywood that Anaconda Ericsson had owned the property since approximately 1963 when they were called Atlantic Richfield. The Mayor asked to hear from anyone who wished to speak, either for or against the proposed ~project. Mr. Michael Bradley, Anaheim Chamber of Commerce, stated he came to read a statement in opposition to the program. "The Anaheim Chamber of Commerce as of January 19, 1984, reaffirms its position stated on September 14, 1978. The Board of Directors approved a position stating that the Chamber is opposed to all conditional use permits and variances in areas currently zoned Industrial under the current Master Plan." Mayor Roth pointed out that the project was not asking for a CUP or any variances; Councilwoman Kaywood stated the request was to rezone the land from Industrial to multiple family. Mayor Roth stated that the Chamber did have a position of concern due to the limited amount of industrial property left in the City and he shared in that concern. However, he felt two things were wrong with the statement as it related to the subject. (1) There was no Chamber input given at the Planning Commission hearings and (2) the applicant was an industrialist who had been in Anaheim for 25 years, asking for a change in reclassification. Councilman Overholt asked if Mr. Bradley knew whether the Chamber specifically evaluated the subject project or were they just taking the flat position that they were opposed. Mr. Bradley answered, at this point, ali they were doing was reaffirming their position taken in 1978. Councilwoman Kaywood asked if there were any industrialists interested in a parcel of that size in that location; Mr. Bradley answered "no." Councilwoman Kaywood explained that was her concern whem the development came through under the Planning Commission informational items, and she did not know the Chamber's feeling at that time. 97 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. Mr. John Flocken, 1320 South Hacienda, stated he was appearing as a private ~ citizen today. The organizations to which he belonged had not had an opportunity to review the question before the Council. He was opposing the change in the General Plan more on general principles than on a thorough study of the specific plan. He assumed it appeared before the Planning Commission some time in November, and there was a hearing in December, although he could be mistaken on those dates. The Chamber did not know about it, although he could not speak for the Chamber, and the Anaheim Economic Development Board did not know about it, so that there was no input at the public hearing before the Planning Commission. It showed a weakness or gap in the attention being given by the Chamber and other organizations within the City to industrial planning. No matter how the Council voted today, it was a mandate to them to get their act together. Mayor Roth stated that they needed to get a liaison going somehow when there was an indust'rial land change being proposed, so that there could be some notification to the Chamber. It was later confirmed that both the Planning Commission meeting and Council meeting agendas were sent to the Chamber of Commerce in advance of forthcoming meetings on a regular basis. Councilman Bay suggested solving the communication problem another way. They had established an Industrial Development Board appointed as an advisory board to the Council, and such matters were within their purview. He wanted to see an internal procedure established where if there was a change to any industrial zoned property in the City, that Board was notified of the fact. He believed most of the members on the Board were also members of the Chamber. Councilman Overholt asked if the Board did anything other than evaluate requests for industrial revenue bonds; Mr. Flocken stated he could speak to that, since he was the Chairman of that Board. His answer was "no," although the charge from the Council to the Board was rather broad. This magnified the concern he had about what they should be doing on that Board and the talent they had was such that it should be utilized effectively for the future of the City. Councilman 0verholt stated if the scope of the Board was not broad enough in the organizational documents, it should be broadened; Mr. Flocken stated it was broad enough. Mr. Flocken then stated, again as a private citizen, that he had not seen the Security Pacific report, but the easier way was not always the best way. Any residential property that abutted industrial property created a problem no matter where it was located. There being no further persons who wished to speak, the Mayor asked Mr. Cottle to make his summation. 98 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. Mr. Cottle stated they looked at the property one and one-half years ago and at that time, the studies not not been done. One and one-half years later, no interest was shown from any industrial users. They entertained their proposal, but considered it not to be a prime industrial site. He also confirmed for Councilwoman Kaywood that it was advertised for industrial use in the brokerage community. There being no further persons who wished to speak, the Mayor closed the public hearing. Councilman Bay asked staff to explain the planned improvement of Crescent Avenue immediately north of the project, how the widening would be done. Paul Singer, Traffic Engineer, stated, upon receiving the application, it was determined that the street was too narrow to accommodate what had to be a minimum of three lanes--one in each direction and a left-turn lane. As a condition and with the agreement and stipulation of the developer on not only the subject parcel but also the adjacent industrial parcel, was that they would improve at least 40 feet of pavement on Crescent to accommodate the three lanes necessary. Crescent Avenue was going to be improved on the south side to its ultimate width and on the north side improved to accommodate a total north and south of 40 feet. Part of the right-of-way was available, so it would not require acquisition of right-of-way, but adequate right-of-way was not available to do the complete job. Councilman Bay noted that very close to the blacktop were some very high voltage utility lines on large and permanent looking poles. With the limitation he saw on the north side of that street, if they were going to improve it to three lanes, almost all the improvement would have to take place to the south, unless the poles were removed; Mr. Singer answered that it would not be required to remove the poles and yet accommodate 40 feet of pavement. There was space for the lanes to be accommodated without relocating the large poles. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilman Roth, the City Council finds 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, and is, therefore, exempt from the requirement to prepare an EIR. MOTION CARRIED. Councilwoman Kaywood questioned whether on the poles some kind of fence with reflectors could be placed in front of them to prevent a dangerous situation; Mr. Singer stated they would work with the developer and assure as much safety on the roadway as the design would permit. Mr. Cottle then reported for Councilwoman Kaywood that the selling price of the condominiums would be approximately ~100,000. 99 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984., 10:00 A.M. Councilman Pickler offered Resolution Nos. 84R-38 and 84R-39 for adoption, approving General Plan Amendment No. 189, Exhibit "A", and approving Reclassification No. 83-84-14, subject to the City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO. 84R-38: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO ~HE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 189, EXHIBIT "A." RESOLUTION NO. 84R-39: 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. (83-84-14) Before a vote was taken, Councilwoman Kaywood stated she had mixed emotions in this case. She requested that the Chamber look into the matter, because she was surprised to see they had a square piece of industrial property of almost 10 acres which apparently had not been in the inventory and no questions were asked. She was going to vote for approval of the project for the following reasons: There were apartments to the south and west, the subject was a very nice looking condominium project with a proposed price range of $i00,000, and statements were made tha-t the subject property was not considered an ideal location for a planned industrial complex because of limited local and freeway access. A vote was then taken on the foregoing resolutions. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None The Mayor declared Resolution Nos. 84R-38 and 84R-39 duly passed and adopted. MOTION: On motion by Councilman Pickler, seconded by Councilman Bay, the City Council finds that the proposed subdivision, together with its design and improvement, is consistent with the City of Anaheim General Plan, pursuant to Government Code Section 66473.5; and does, therefore, approve Tentative Map of Tract No. 12102 for a 5-lot, 136-unit RM-3000 (Residential, Multiple-Family) Zone condominium subdivision, subject to the following conditions: 1. That should this subdivision be developed as more than one subdivision,' each subdivision thereof shall be submitted in tentative form for approval. 2. That prior to final tract map approval, the original documents of the convenants, conditions, and restrictions, and a letter addressed to the developer's title company authorizing recordation thereof, shall be submitted to the City Attorney's Office and approved by the City Attorney's Office and Engineering Division. Said documents, as approved, will then be filed and recorded in the Office of the Orange County Recorder. 100 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. 3. That all private streets shall be developed in accordance with the City of Anaheim's Standard Detail No. 122 for private streets, including installation of street name signs. Plans for the private street lighting, as required by the standard detail, shall be submitted to the Building Division for approval and included with the building plans prior to the issuance of building permits. (Private streets are those which provide primary access and/or circulation within the project.) 4. That prior to final tract map approval, street names shall be approved by the City Planning Department. 5. That temporary street name signs shall be installed prior to any occupancy if permanent street name signs have not been installed. 6. That gates shall not be installed across any driveway or private street.in a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates within a distance of forty (40) feet from said public street rights-of-way shall be subject to the review and approval of the City Traffic Engineer. 7. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. This shall include construction of the necessary facilities to preclude the flooding of any travel lane on Crescent Avenue. 8. That all lots within this tract shall be served by underground utilities. 9. That prior to final tract map approval, appropriate park and recreation in-lieu fees shall be paid to the City of Anaheim in an amount as determined by the City Council. 10. That the vehicular and pedestrian rights to Alameda Avenue shall be dedicated to the City of Anaheim prior to final tract map approval. 11. That all engineering requirements of the City of Anaheim along Crescent Avenue, including preparation of improvement plans and installation of ail improvements such as curbs and gutters, sidewalks, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer; and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of said improvements. Said security shall be posted with the City prior to final tract map approval, to guarantee the installation of the above-required improvements prior to occupancy. 12. That street lighting facilities along Alameda Avenue, shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager, and that security in the 101 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to final tract map approval. The above-required improvements shall be installed prior to occupancy. 13. That prior to final tract map approval, the applicant shall present evidence satisfactory to the Chief Building Inspector that the converted residential units will be in conformance with Noise Insulation Standards Specified in the California Administrative Code, Title 25. 14. That prior to final tract map approval, the applicant shall present evidence satisfactory to the Chief Building Inspector that the proposed project is in conformance with Council Policy Number 542 "Sound Attenuation in Residential ~rojects." 15. That prior to approval of the final map the owner of subject property shall acquire and dedicate to the City of Anaheim additional right-of-way as determined to be necessary by the City Traffic Engineer, for street widening purposes for property located north of subject property across Crescent Avenue. The owner of subject property shall further construct ali necessary improvements as required by the City Engineer and in accordance with plans on file in the Office of the City Engineer. 16. That the approval of the Tentative Map of Tract No. 12i02, is granted subject to the approval of Reclassification No. 83-84-14. MOTION CARRIED. Councilman Bay asked if they needed a motion to direct staff to notify the Industrial Development Board of all changes to industrial property; Miss Santalahti stated that they would put them into the computer. Councilwoman Kaywood asked if they could tie the project into the plans that were shown to them; Miss Santalahti stated that Condition No. 25 of the Planning Commission required that the project be developed in accordance with the plans submitted. 170/179: PUBLIC HEARING - WAIVER OF HILLSIDE GRADING ORDINANCE, TENTATIVE TRACT NO. 10474: Request submitted by Anacai Engineering Co., requesting waiver of the requirement of the Hillside Grading Ordinance rslating to location of lot lines at the top of slopes within Tract No. 10474, property located on the south side of Nohl Ranch Road and west of Viliareal Drive. The Planning Commission recommended approval in accordance with the City Engineer's recommendation. The Mayor asked to hear from the applicant or applicant's agent. 102 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. Mr. Cai Queyrei from Anacal Engineering was present, representing the developer. Councilwoman Kaywood asked if the reason they were asking for the waiver was due to the fact that the Homeowners Association was going to take care of the slopes; Mr. Queyrei answered "yes." It was a technicality, because the lots hung over the bank. The Mayor asked if anyone wished to speak, either in favor or in opposition; there being no response, he closed thp public hearing. MOTION: Councilwoman Kaywood moved to waive the lot line requirement of the Hillside Grading Ordinance relating to location of lot lines at the top of slopes within Tract No. 10474. Councilman Bay seconded the motion. MOTION CARRIED. 108/173: APPLICATION FOR LIMOUSINE SERVICE PERMIT: Submitted by Philip A. Koenen, Ph.D., Grand Touring, requesting a permit to operate a limousine service at 2785 East Regal Park Drive. Also submitted was a report dated January 17, 1984, from the City Attorney. Mayor Roth asked if the applicant was present. Mr. Philip Koenen was present. Councilwoman Kaywood asked if where he wanted to operate the service was a residence. Mr. Koenen answered "no." The location was an industrial park, and there was quite a bit of parking available. MOTION: Councilman Roth moved to approve the Application for a Limousine Service Permit submitted by Philip A. Koenen for Grand Touring, to operate a limousine service at 2785 East Regal Park Drive. Councilman Pickier seconded the motion. MOTION CARRIED. PUBLIC REQUEST - CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilman Roth, the following item was approved, in accordance with the report and recommendation furnished each Council Member and as listed on the Consent Calendar. 179: CONDITIONAL USE PERMIT NO. 2274--EXTENSION OF TIME: Approving an extension of time to Conditional Use Permit No. 2274, to permit a truck and heavy equipment storage yard on RS-A-43,000(SC) zoned property located at 1124 North Richfield Road, to expire December 29, 1984, as requested by Ron Christian. MOTION CARRIED. 103 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. 142/108/171: ORDINANCE NO. 4474: Councilman Bay offered Ordinance No. 4474 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4474: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 2, CHAPTER 2.04 SECTION 2.04.050 SUBSECTION 2.04.050.0203 PERTAINING TO SALES AND USE TAX. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None The Mayor declared Ordinance No. 4474 duly passed and adopted. 179: ORDINANCE NO. 4475: Councilwoman Kaywood offered Ordinance No. 4475 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4475: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (69-70-55(12), ML, 2890 and 2898 East Miraloma Avenue) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, 0verhoit, Pickier and Roth None None The Mayor declared Ordinance No. 4475 duly passed and adopted. 173: INTERCOUNTY AIRPORT AUTHORITY MEETING: Councilman Pickler reported on his attendance at the Intercounty Airport Authority meeting held January 18, 1984; Councilman Overholt asked when he had an opportunity, if Councilman Pickier could give a status report on what was happening with the Authority. Councilman Pickler stated he would submit a report. 169: UNIMPROVED PARCELS EXTENDING INTO THE ROADWAY: Councilman Pickler asked that a discussion be scheduled regarding unimproved parcels extending into the roadway, referring ~0 material received from the City Attorney's office. RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed Session. Councilman Pickler seconded the motion. MOTION CARRIED. (4:29 p.m.) AFTER RECESS: The Mayor called the meeting to order, ail Council Members being present. (5:46 p.m.) 112: LUDWIG VS. CITY OF ANAHEIM: Councilman Roth moved to authorize the City Attorney to settle Orange County Superior Court Case No. 37-88-01, Ludwig vs. City of Anaheim, for a sum not to exceed ~10,455. Councilman Pickler seconded the motion. MOTION CARRIED. 104 City Hall, Anaheim, California - COUNCIL MINUTES - January 24, 1984, 10:00 A.M. 113: DESTRUCTION OF CITY RECORDS: Councilman Roth offered Resolution No. 84R-40 for adoption, authorizing the destruction of certain City records more than two years old. RESOLUTION NO. 84R-40: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CITY RECORDS MORE THAN TWO YEARS OLD. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickier and Roth None None The Mayor declared Resolution No. 84R-40 duly passed and adopted. ADJOURNMENT:. Councilman Roth moved to adjourn. Councilman Pickier seconded the motion. MOTION CARRIED. (5:50 p.m.) LINDA D. ROBERTS, CITY CLERK 105