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1999/05/18ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 The City Council of the City of Anaheim met in regular session. PRESENT: MAYOR : Tom Daly PRESENT: COUNCIL MEMBERS : Frank Feldhaus, Lucille Kring, Tom Tait, Shirley McCracken, PRESENT: CITY MANAGER : Jim Ruth CITY ATTORNEY : Jack White CITY CLERK : Leonora N. Sohl ASST. CITY CLERK : Ann Sauvageau PUBLIC UTILITIES GENERAL MANAGER : Ed Aghjayan PLANNING DIRECTOR : Joel Fick ZONING DIVISION MANAGER : Greg Hastings EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT : Lisa Stipkovich CIVIL ENGINEER : Natalie Meeks TRAFFIC/TRANSPORTATION MANAGER : John Lower VICE DETAIL : Russ Sutter CODE ENFORCEMENT MANAGER : John Poole DEPUTY DIRECTOR OF COMMUNITY DEVELO PMENT : Richard Bruckner REDEVELOPMENT AND PROPERTY SERVICES MANAGER : Robert Zur Schmiede A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:30 p.m. on May 14, 1999 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall) containing all items as shown herein. Mayor Daly opened the Workshop portion of the Council Meeting of May 18, 1999 and welcomed those in attendance (3:16 P.M.). City Manager, James Ruth noted this is the appointed time for a Workshop on the Groundwater Replenishment Program. Ed Aghjayan, Public Utilities General Manager, will introduce the representatives present from the Orange County Water District ( OCWD) who will make the presentation. The Mayor first asked if Council Member McCracken would like to say a few words as the City’s Representative on the Orange County Sanitation District; Council Member McCracken. The Groundwater Replenishment Program is a program to solve some of the long-range water problems due to the additional demand with which the City and County will be faced in the future for both water and sanitation. This is an important meeting to give the Council information on this issue which will then need to be disseminated to the City’s citizens. GROUNDWATER REPLENISHMENT PROGRAM : 175: Mr. Ed Aghjayan, Public Utilities General Manager first introduced the City’s Representative on the Orange County Water District Board and its current Chairman, Irv Pickler (former Anaheim Council Member). Irv Pickler , Board Member/Chairman, OCWD Board and also Chair of the Groundwater Replenishment Committee. The subject program is one they have been working on since 1995. Representatives from both entities are present today. He emphasized the importance of the program especially since by 2010- 2015, the Orange County/Southern California area is expected to increase by about eight million people. What will be needed more than anything else is water. He explained the outreach work that has been done thus far to inform people of the program noting that they have already made over 150 presentations to legislators, business groups and community groups and have held scoping meetings and workshops. To date, the reaction from community leaders and groups has been very supportive and positive. They are also going to embark on a further outreach program in the local areas more than has ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 been the case in the past. He then introduced Bob Mills , General Manager of the OCWD who will brief the project and also noted that another member of the OCWD Board was present, Phil Anthony and also Ron Wildemuth, Public Relations. Mr. Bill Mills, General Manager, OCWD. He is going to give a brief overview of the project itself which some Council Members are already familiar with and then turn to the concerns the City has expressed and subsequently where the program is going from here. Mr. Mills then gave a presentation (supplemented by Power Point slides) which briefed the data submitted (see – Groundwater Replenishment System ( GWRS ) – A Safe, Reliable Water Supply for Orange County – Anaheim City Council – May 18, 1999 – which contained hard copies of the slides and also a brochure – Groundwater Replenishment System -- outlining/summarizing the program – both made a part of the record). The presentation revolved around an explanation of the GWRS and how it will work (purification system, treatment technologies – microfiltration, reverse osmosis, ultraviolet disinfection) including a briefing of the treatment technologies. “The System would take highly treated wastewater that is currently discharged into the ocean, purify it in an advanced treatment plant and then allow it to percolate into the groundwater basin, taking the same natural filtering path that rainwater takes through the ground.” In concluding his presentation, Mr. Mills briefed the steps needed to be done ultimately leading to the final “Go-No-Go” decision to be made in January 2001. The presentation was followed by questions and comments by the Mayor and Council Members which were answered by both Mr. Mills and Mr. Aghjayan revolving around water conservation issues, treatment facilities, possibility of using holding basins, additional community outreach, that the project is going to answer a need for the Sanitation District as well, how the project will be paid for (see Cost and Funding in brochure submitted) and the next milestones in terms of the City’s involvement. Mayor Daly. They will do their best to identify any additional questions. He will be looking for opportunities to enhance the recreational opportunities in the Anaheim Lakes area and the other holding facilities and basins and the aesthetics as well; Mr. Mills stated they are looking at those issues right now. Mayor Daly thanked all those involved for the informative presentation and also thanked the representatives of the OCWD for taking the time to be present today. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there were no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Closed Session items. The following items are to be considered at the Closed Session. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 1. 54956.9(a) - Existing Litigation: Name of case : Delmonico, et al. v. City of Anaheim, et al. (and related cases and cross actions) Orange County Superior Court Case No. 70-80-71. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 2. 54956.9(a) – Existing Litigation: Name of case : Vista Royale Homeowners Assoc. vs. 396 Investment Co. fka The Fieldstone Company, Orange County Superior Court Case No. 77-30-74, ( and related cases). 2 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 3. 54956.9(a) – Existing Litigation: Name of case : J.G.D. Company, Inc., v. City of Anaheim, Orange County Superior Court Case No. 79-78-04. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: 4. Title: City Management. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 5. 54956.9(a) – Existing Litigation: Name of case : South Coast Cab co. v. City of Anaheim, et al. Orange County Superior Court Case No. 80-03-59; United States District Court Case No. SA CV99- 416GLT ( Aax). RECESS: Mayor Daly moved to recess into Closed Session. Council Member McCracken seconded the motion. MOTION CARRIED. (4:05 p.m.). AFTER RECESS: Mayor Daly called the regular Council meeting of May 18, 1999 to order at 5:30 p.m. and welcomed those in attendance. INVOCATION: A moment of Silence was observed in lieu of an invocation. FLAG SALUTE: Mayor Pro Tem Shirley McCracken led the assembly in the Pledge of Allegiance to the Flag. PROCLAMATION – CLEAN AIR MONTH : 119: A Proclamation was authorized by the City Council in support of the American Lung Association of Orange County Clean Air Month and also Clean Air Week Events and to announce grand prize winners of the Anaheim Kids for Parks Children’s Poster and Essay Contests. Terry Lowe, Community Services, and Robyn Sherry, Board Member of the American Lung Association were present. Mr. Terry Lowe, Recreation Superintendent/Community Services explained that this year’s students volunteered over 2,500 hours painting out graffiti, planting flowers, etc. He also explained that The Anaheim Kids for Parks Children’s Poster and Essay Contest is sponsored by the Community Service Department and Commuter Services. He then introduced this year’s winners who were each presented with a Certificate of Recognition (1999 Earth Day & Clean Air Week) by the Mayor and greeted personally by the Council Members : Poster Contest Grand Prize Winners – Amanda Buonaugurio, Albert Schweitzer School; Ngoc Hoang, Mel Gauer School; Donald Hsu, St. Catherine’s Military School; Nicole Kezos, John Marshall School; Carmen Tapia, Jonas Salk School. Essay Contest Grand Prize Winners - Evan Ferreira, Horrace Mann; Patience K. Williams, Roosevelt School (unable to be present). Robyn Sherry, Board Member, American Lung Association then accepted the Proclamation presented by Mayor Daly. DECLARATIONS OF RECOGNITION : 119: Declarations of Recognition were authorized by the City Council recognizing the sponsors of the Paint Your Heart Out program in Anaheim. Mayor Daly introduced Carolyn Griebe, Project Coordinator for the Paint Your Heart Out ( PYHO) program since it started in the City. He cannot think of a better run program so beneficial to the Anaheim community. 3 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 th Carolyn Griebe , Project Coordinator PYHO . This is the program’s 9 year. A total of 354 homes in Anaheim have been painted/improved during that time thanks to the hundreds of volunteers who participate each year preparing, repairing and painting the homes of qualified elderly and/or disabled people. The program is also possible because of major sponsors who either contribute monetarily or by supplying all the necessary paint , equipment, etc. needed to get the job done. She then acknowledged John Poole, the City’s Code Enforcement Manager who stepped in to be Chairman this year when Tom Hollywood, the Chairman for many years, retired. She noted that John is considered to be the “grandfather” of Paint Your Heart Out since he brought the idea to Anaheim after learning of such a program at a seminar in an eastern city. She then read a letter from one of the people whose home was painted, noting that the heartfelt statements of appreciation make the program very worthwhile year after year. Mrs. Griebe then introduced the Platinum Plus Sponsors (and their representatives) of the program (sponsors who donate $10,000 or more either monetarily or in goods and services) as well as Platinum Sponsors ($5,000) who were subsequently presented with a Declaration (some unable to be present) by Mayor Daly and personally commended by Council Members : Platinum Plus Sponsors ($10,000) – Anima Christi Foundation, The Orange County Register, Thee White House (Bruno Serato). Platinum Sponsors ($5,000) – Anaheim Disposal, Anaheim Public Utilities, Anaheim Real Estate Community, Broadway Construction, Disneyland Resort, Orange County Paints, The Related Companies, Rubberset (Tom Hollywood), Turner Construction. PROCLAMATION – NATIONAL EMERGENCY MEDICAL SERVICES WEEK : 119: Recognizing the week of May 16 – 22, 1999 as National EMS Week – “Meeting the Challenge”. Mayor Daly presented the Proclamation to Robyn Butler, Public Information and Education Officer from the City’s Fire Department. Robyn Butler, Public Information and Education Officer accepted the Proclamation. She then explained it is due to the great effort from a team that gets together to provide EMS services both in Anaheim, California and literally, throughout the world. She also shared a letter from a recipient of the life-saving services of the Emergency Medical Services Team. She subsequently presented certificates from the Fire Department to EMS team representatives: Gary Gionet, Shift Supervisor, Metro Net Dispatch, Paramedics from Anaheim Fire Station No. 1, Rick Biggs, Captain Paramedic, Ernie Badosa, Engineer Paramedic, Scott Semonell, Firegithter, Roger Domen, Firefighter. Representing CARE Ambulance Service, EMT’S Bryan Walker Rob Fronneberger and Dan Richardson, President, CARE Ambulance also, Mary Massey, Paramedic Liaison, Anaheim Memorial Medical Center, Celia Watte, Program Director, Orange County Medical Services Agency. RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: 1. PROCLAMATION recognizing May 18, 1999, as Meals on Wheels Day in Anaheim. 2. DECLARATION recognizing the Federation of Philippine American Chambers of Commerce. 3. PROCLAMATION recognizing June 13 – 18, 1999, as Microwave Week in Anaheim. 4. PROCLAMATION designating June 6, 1999, as Heritage Day at Oak Canyon Nature Center. 5. PROCLAMATION announcing Drug Court Week in Anaheim. 6. PROCLAMATION recognizing Coach Tom Danley on his retirement from Katella High School. 4 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,348,365.95 for the period ending May 18, 1999, in accordance with the 1998-99 Budget, were approved. Mayor Daly recessed the City Council Meeting until after the Redevelopment Agency and Housing Authority Meeting. (6:04 p.m.) Mayor Daly reconvened the City Council Meeting. (6:06 p.m.) ADDITIONS TO THE AGENDA: There were no addition s to agenda items. ITEMS OF PUBLIC INTEREST: David Brault, Attorney, 625 The City Drive South, Suite 346, Orange, CA 92868, representing Steve Casada Construction, the apparent second low bidder on the Service and Meter Replacement Project. He referred to the letter he had sent to the Council (see letter dated May 11, 1999 addressed to Contract Administration, Caster Williams – made a part of the record) regarding the mistake contained in the apparent low bidder’s bid, B. R. Day. Their bid contained a mathematical error regarding a lump sum vs. the total price for bid item No. 1. As a result of the error, B. R. Day gained an economic advantage over the remainder of the bidders of the project and as a result has gained an economic advantage over the other bidders and he has exercised this unique advantage. The unit price is lower than the Casada bid but using the lump sum price, it is in excess of the Casada bid. By virtue of State law, the City has to reject the B. R. Day bid because of the unique advantage. Steve Casada Construction is urging the Council to reject the B. R. Day bid as being non-responsive and proceed to award the contract to the second low bid of Steve Casada Construction. After a brief discussion, it was determined that this item was not before the Council tonight. City Attorney White also asked that Mr. Brault submit a copy of any further correspondence on the matter to his office. He (White) was not copied on the correspondence that went to the Council and he has not seen the letter sent. He reiterated, as a matter of courtesy, he would appreciate receiving a copy of any legal documents or correspondence sent to his client (City/Council). Mayor Daly. Since the item is not on the agenda tonight, Mr. Brault should communicate with City staff regarding the outcome. * * * * * * * * * * * * * * * * * * * Pedro Vasquez (Anaheim Street Vendor). He is facing problems that will force him to go out of business because of the new City rules and City ordinances against the vendors. He is trying to work with the City offices and the Police Department. He explained an incident that occurred in the past two weeks when he was working on Covenant Street by State College Blvd. and Center Street. Police patrol cars and motorcycles came up to his truck and made him move out of the street. He cannot make a living under those conditions. Yesterday, he had a real hard day with Officer Robinson. He does not feel what they are doing to him his right. The vendors are just trying to make a living and trying to stay in one, two, or three spots. They are not there all day long. He is asking the City Council to help him and allow him to conduct his business in a proper way. Mayor Daly asked if someone from Code Enforcement has been in recent communication with Mr. Vasquez; Mr. Vasquez stated he has no problem with Code Enforcement, but with the Police Department. He feels they do not listen and they just say they have to leave or they will call the tow trucks. They are using their power against the hard-working people. He explained for the Mayor that he tries to comply with the City ordinance and with the Orange County rules. If he is not allowed to work, how can he survive or comply with the rules and laws. Mayor Daly asked Mr. Vasquez what he expected the Council to do; Mr. Vasquez answered he is not expecting the Council to do anything but expects them to make things straight. Everybody has rules and 5 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 laws to follow. He is asking for reasonable treatment. He confirmed for the Mayor that he believes the rules in place that regulate street vendors are not reasonable. * * * * * * * * * * * * * * * * * * * * * * George Hallock, President of Hallock Fine Jewelry, 2060 W. Lincoln, Anaheim (25 Years). He had addressed a letter to each of the Council Members (see letter dated May 13, 1999) on the matter of their CUP and recognizes now that it was premature. At the time he sent the letter, he was unaware of the appeal process. He has now been apprised of the process and will be coming to the Council at some future date. City Clerk Sohl noted that Mr. Hallock’s item is B8. on today’s agenda (under the Planning Commission Consent Calendar) and he is going to appeal it so it will be set for a Public Hearing and be heard at a future date; Mayor Daly asked if there were comments on agenda items, that those be addressed at the time Council considers them. Later in the meeting, the issue was again discussed. (See Item B8 for Council discussion and action.) * * * * * * * * * * * * * * * * * * * Linda Lee Grau , Morning Dove, Irvine. She is going to cede her three minutes to Douglas Scribner. Douglas Scribner , 321 Avodaco , Costa Mesa. Since he will not be able to stay until the taxi cab issue (Item C1.) is discussed, he would like to make his comments now. City Attorney White interjected and advised that, because item C1. is a hearing, any comments on that subject ought to occur at the time the item is discussed to be incorporated as part of the record. Mr. Scribner thereupon stated he would make general comments. He explained that he would be attending a convention in the City in the year 2000 along with many others and they will be needing services such as those provided by hotels, restaurants and taxi cabs. It would be beneficial to let the market decide the number of accommodations to service the citizens. The greater the number of providers of those services, the less expensive and better for everyone. They should reward those who give the best service. Linda Lee Grau , 24 Morning Dove, Irvine. She first referred to an article in the Register relating to a City retreat of department officials to discuss long-term strategies to deal with projected retirements of key people and the cost involved. She then urged that the Council get out of the way of the businesses that are providing services and products for the people of Anaheim. * * * * * * * * * * * * * * * * * * * Ray Torres, 5987 E. Anaheim Blvd., Anaheim. He approved a part of his tax dollars for the retreat mentioned by the former speaker and knows the City is accruing great benefits from the insight gained. He believes the City Manager is doing a great job. PUBLIC COMMENTS – AGENDA ITEMS; There were no public comments on City Council Agenda items. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of May 18, 1999. Council Member McCracken seconded the motion. MOTION CARRIED. 6 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 – A28: On motion by Mayor Daly, seconded by Council Member McCracken , the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Mayor Daly offered Resolutions Nos. 99R-95 through 99R-99 , both inclusive, for adoption. Refer to Resolution Book. A1. 118: Rejecting and denying certain claims filed against the City. Referred to Risk Management. The follo wing claims were filed against the City and actions taken as recommended: a. Claim submitted by Lourdes Sanchez for property damage sustained purportedly due to actions of the City on or about February 5, 1999. b. Claim sub mitted by Michael Patrick Sainz for bodily injury sustained purportedly due to actions of the City on or about September 19, 1998. A2. 175: Receiving and filing correspondence before the Public Utilities Commission of the State of California, in the matter of the application of Southern California Gas Company ( U904G ), for authority to increase its gas revenue requirements to reflect its accomplishments for demand- side management program years 1994, 1997 and 1998; and to address policy and procedural issues for future program years 1999 through 2001 in the 1999 Annual Earnings Assessment Proceeding. 128: Receiving and filing the Monthly Financial Analysis for nine months ended March 31, 1999, as presented by the Finance Director. 117: Receiving and filing the Investment Portfolio Report for the month of April, 1999, as submitted by the City Treasurer. A3. 123: Approving and authorizing the Mayor and City Clerk to execute an Agreement with Willdan Associates, in an amount not to exceed $229,000 for design services for the Ball Road Corridor Improvement Project. A4. 123: Approving the Second Amendment to Agreement with Dewan, Lundin & Associates, in an amount not to exceed $99,000 for professional engineering design services for Public Works Improvements Project specifically on State College Boulevard and Katella Avenue; and authorizing the Mayor and City Clerk to execute said Amendment. A5. 169: Awarding a contract to the lowest responsible bidder, Sequel Contractors, in the amount of $16,622,937.90 for Phase 2 Katella Avenue Improvement and Beautification 400’ west of Harbor Boulevard to 650’ west of Ninth Street; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A6. 123: Approving the Sole and Joint Trench Agreement with Pacific Bell for Katella Avenue Phase I and Underground District No. 18 Segment I project from Anaheim Boulevard/ Haster Avenue to 660 feet west of Harbor Boulevard. A7. 123: Approving an Agreement with Southern California Association of Governments for $55,000 to continue development of the Anaheim Resort Transportation Smart System ; and amending the Department of Public Works budget by $55,000. A8. 106: Amending the Public Works Department fiscal year 1998/99 budget by $178,000 in order to bring the General Fund expenditures into conformance. 7 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 A9. 158: RESOLUTION NO. 99R- 95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying certain real property or interests therein to the City. (R/W 5260-15, et al.) A10. 160: Accepting the low bid of Rose Environmental Service, in an amount not to exceed $26,345 and a ten percent contingency, for the removal of one underground fuel tank, and the installation of one above-ground fuel tank, in accordance with Bid #5928. A11. 160: Accepting the low bid of Brooks Jensen Precast , in an amount not to exceed $48,048 for concrete hole liner parts, as required for the period of July 1, 1999, through June 30, 2000, with three one-year optional renewals, and authorizing the Purchasing Agent to exercise the renewal options, in accordance with Bid #5922. A12. 160: Accepting the low bid of L. D. McFarland Company, in an amount not to exceed $136,041.26 for wood utility poles and cross arms, as required for the period July 1, 1999, through June 30, 2000, with three one-year optional renewals, and authorizing the Purchasing Agent to exercise the renewal option, in accordance with Bid #5924. A13. 160: Accepting the low bid of A.L.S., in an amount not to exceed $153,237 for the lighting enhancement project at the Hilton Hotel parking structure, in accordance with Bid #5923. A14. 160: Ac cepting the low bid of Artistic Maintenance, Inc., in an amount not to exceed $320,000 for a tree planting project, as required, for a period of two years beginning May 19, 1999, through May 19, 2001, in accordance with Bid #5910. A15. 160: Waiving Coun cil Policy 306, and authorizing the Purchasing Agent to issue a purchase order to Nationwide Papers, in an amount not to exceed $120,000 for stock paper, for a period of two years, beginning July 1, 1999, through June 30, 2001. A16. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a purchase order to Motorola, Inc., in the amount of $162,469.34 for supplying the City with thirty-six 800- MHz digital portable radios and associated equipment, for the Fire Department. A17. 123 : Approving the Banking Services Agreement between the City of Anaheim and Bank of America N.T. & S.A. for the term of July 1, 1999, through June 30, 2004. A18. 117: RESOLUTION NO. 99R- 96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (I) designating depositories for certain City funds; (ii) authorizing the City Treasurer to establish accounts with said depositories and deposit public funds of the City therein; (iii) authorizing warrants, demands, drafts and checks to be drawn against any accounts established with said depositories on behalf of the City; and (iv) authorizing the City Treasurer to open accounts with financial institutions and corporations for the purchase and sale of various securities and money market instruments. A19. 140: Authorizing the Community Services Department to accept a grant for California State Library’s Literacy Initiatives program monies, in the amount of $1,000 from the State Library; and increasing the Community Services Department’s Library Services Division budget for both revenue and expenditure in Fund 217 in the amount of $1,000 for FY 1999/2000. A20. 140: Authorizing the Community Services Department to accept an augmentation to the Public Library fund grant in the amount of $185,168 from the California State Library for the Fiscal Year 8 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 1998/99; and increasing the Community Services Department’s Library Services Division budget for both revenue and expenditure in Fund 217 in the amount of $185,168 for FY1998 /99. A21. 161: To consider approving the Disposition and Development Agreement by and among the City, Agency and Summit Commercial Properties, Inc.; authorizing the City Manager and the Executive Director of the Redevelopment Agency to execute said document and all other necessary implementing documents, including a Parking License Agreement; and (2) approving the concept drawings and materials for the Summit Commercial Properties, Inc., building, excepting monument signage and public art. (Continued from the meeting of May 11, 1999, Item A11.) City Manager Ruth. This item will be continued to the next regular Council meeting, June 8, 1999, consistent with the action taken under Redevelopment Agency item 1. A22. 181: Approving the Anaheim Colony Historic District Preservation Plan. Mayor Daly. He knows many citizens of the Anaheim Colony Historic District spent a lot of time and effort compiling the research which is the backdrop of the creation of the Historic District. On behalf of the Council, he thanked all the citizens who spent time on the Plan and also thanked City staff for compiling/packaging all the information and presenting it to the Council. This is an exciting occasion for the City to recognize Anaheim’s genuine roots going back to the 1850’s by designating the Anaheim Colony Historic District and adopting a preservation plan for that district. He acknowledged Mickey and Mitch Caldwell, long-time residents of the Anaheim Historic District (who were present in the Chamber audience) who spent hundreds of hours making this all happen. A23. 182: Approving the Private Industry Council Welfare-to-Work 1999 Plan modification as required by the State of California to incorporate new funding for 1999; and authorized the City Manager to execute the modification in accordance with Resolution No. 98R-69. A24. 153: RESOLUTION NO. 99R-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolutions No. 92R-18, 92R-20, and 92R-21 which established rates of compensation for classifications designated as Professional, Supervisory and Middle Management. (Planning Department and Building Division.) A25. 153: RESOLUTION NO. 99R- 98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Municipal Employees Association, General Employees, and the City of Anaheim. (Planning Department – Amending Article 17 and Appendix “A” Wages, covering the period of October 4, 1996 through September 28, 2000.) 153: RESOLUTION NO. 99R- 99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Municial Employee Association, Clerical Employees, and the City of Anaheim. (Planning Department – Amending Article 17 and Appendix “A” Wages, covering the period of October 4, 1996, through September 28, 2000.) A26. 153: Authorizing the Human Resources Director to execute the Hold Harmless Agreement which will enable CIGNA to close the bank account for the self funded medical plans (through the Connecticut General Life Insurance Company.) A27. 123: Approving an Agreement with Money Control, Inc., a California Corporation, for services to collect delinquent closing bills for the Public Utilities Department; and authorizing the Public Utilities General Manager to implement said Agreement. 9 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 A28. 114: Approving minutes of the Anaheim City Council meeting held April 27, 1999. Roll Call Vote on Resolution Nos. 99R-95 through 99R-99, both inclusive, for adoption: AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS : None ABSENT: MAYOR/COUNCIL MEMBERS : None The Mayor declared Resolution Nos. 99R-95 through 99R-99, both inclusive, duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. AMENDMENT TO SECTION 1.04.997 OF CHAPTER 1.04, TITLE 1 OF THE ANAHEIM A29. 105: MUNICIPAL CODE RELATING TO THE BUDGET ADVISORY COMMISSION : To consider the adoption of an ordinance of the City of Anaheim amending Section 1.04.997 of Chapter 1.04 of Title 1 of the Anaheim Municipal Code reducing the number of Budget Advisory Commissioners to five and reducing the number of meetings held yearly to a minimum of four. Mayor Daly. He surmises with the offering of the proposed ordinance for first reading, the appointment to the Budget Advisory Commission becomes moot ; City Attorney White. The appointment should be continued to the next meeting and at that time, if the ordinance is adopted it would become moot and can be removed from the agenda. Mayor Daly offered Ordinance No. 5686 for First Reading. ORDINANCE NO. 5686 : (INTRODUTION) AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 1.04.997 OF CHAPTER 1.04 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE BUDGET ADVISORY COMMISSION. APPOINTMENT TO THE BUDGET ADVISORY COMMISSION: Appointment to the Budget Advisory Commission to fill the unexpected vacancy of Cindy Floriani (term expires 6/30/2000). (Continued from the meetings of February 9, 1999, Item A12, February 23, 1999, Item A25, March 16, 1999, Item A25, April 27, 1999, Item A47, May 4, 1999, Item A16, and May 11, 1999, Item A15.) MOTION. Mayor Daly moved to continue the appointment to the Budget Advisory Commission to June 8, 1999. Council Member Kring seconded the motion. MOTION CARRIED. APPOINTMENT TO THE COMMUNITY SERVICES BOARD: A30. 105: Appointment to the Community Services Commission to fill the unexpected vacancy of Romero (term expires 6/30/2002). (Continued from the meetings of April 27, 1999, Item A48, May 4, 1999, Item A17, and May 11, 1999, Item A16. Mayor Daly. There was a tie vote on those nominated at the last meeting and it was determined, after two votes, to continue the matter to this meeting. He again opened nominations. Council Member Kring nominated Jack Holmes; Council Member McCracken nominated Larry Hirschel. 10 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 MOTION. On motion by Mayor Daly seconded by Council Member Kring, nominations were closed. MOTION CARRIED. A vote was then taken on the nominees in the order in which they were nominated. Jack Holmes - Ayes: Kring, Tait. Noes: McCracken . Abstained: Feldhaus, Daly. Larry Hirschel - Ayes: Tait, McCracken, Daly. Noes: Kring . Abstained: Feldhaus Both Council Members Kring and Feldhaus changed their votes to yes votes. Mr. Hirschel was thereupon unanimously appointed to the Community Services Board for the term ending June 30, 2002. ALTERNATE REPRESENTATIVES FOR SCAG/ OCCOG A31. 148: : Designating a member or members of the City Council to serve as alternate representative for Southern California Association of Governments ( SCAG) and the Orange County Council of Governments ( OCCOG). Mayor Daly. The Council appointed Council Member McCracken to represent Anaheim on both of the organizations and now it is necessary to appoint alternate representatives. He is interested in serving as alternate to SCAG particularly because of the El Toro Airport issue and he is going to suggest that they ask Council Member Kring if she would like to be the alternate to OCCOG. When the matter was discussed, Council Member Kring had expressed interest in becoming involved. Council Member Kring . Her interest was in SCAG and it was determined the Council would look at the issue again in 12 months; however, she is willing to be the alternate on OCCOG. MOTION. Council Member Feldhaus moved to appoint Mayor Daly as the alternate representative on SCAG and Council Member Kring the alternate representative on OCCOG. Council Member McCracken seconded the motion. MOTION CARRIED. APPOINTMENT TO BOARD OF DIRECTORS – SANTIAGO GEOLOGIC HAZARD A32. ABATEMENT DISTRICT : Amending Resolution No. 99R-50 to appoint a Board Member to the Board of Directors for the Santiago Geologic Hazard Abatement District. Mayor Daly offered Resolution No. 99R-100 for adoption amending Resolution No. 99R-50 and appointing Jeff Turner as a Board Member to the Board of Directors for the Santiago Geologic Hazard Abatement District. Refer to Resolution Book. Roll Call Vote on Resolution No. 99R-100, for adoption: AYES: MAYOR/CO UNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS : None ABSENT: MAYOR/COUNCIL MEMBERS : None The Mayor declared Resolution No. 99R-100, duly passed and adopted. ITEMS B1 – B6 FROM THE PLANNING COMMISSION MEETING OF 11 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 APRIL 26, 1999 - INFORMATION ONLY APPEAL PERIOD ENDS MAY 18, 1999: CEQA MITIGATED NEGATIVE DECLARATION B1. 134: GENERAL PLAN AMENDMENT NO. 362 RECLASSIFICATION NO. 98-99-10 WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 4096 TENTATIVE PARCEL MAP NO. 98-234 SPECIMEN TREE REMOVAL PERMIT NO. 99-01 REQUEST FOR CITY COUNCIL REVIEW OF 2a, 2c, 2d, 2e, 2f and 2g OWNER: City of Anaheim (Redevelopment Agency), 201 South Anaheim Boulevard, 10th floor, Anaheim, CA 92805 County of Orange, Attn: Real Property Manager, PFRD Real Property, 300 North Flower Street , CA 92703 AGENT: Culbertson, Adams & Associates, Attn: Kevin Canning, 85 Argonaut, Suite 220, Aliso Viejo, CA 92656 LOCATION: 8200 East La Palma Avenue. Property is 16.27 acres located at the northwest corner of La Palma Avenue and Yorba Linda Boulevard. General Plan Amendment No. 362 - to amend the Land Use Element of the City of Anaheim General Plan to redesignate this property from the Hillside Low-Medium Density Residential and General Commercial land use designations to the Commercial Professional land use designation. Reclassification No. 98-99-10 - to reclassify this property from the RS-A-43 ,000(SC) (Residential/Agricultural; Scenic Corridor Overlay) and the CL(SC) (Commercial, Limited; Scenic Corridor Overlay) Zones to the CO(SC) (Commercial, Office and Professional; Scenic Corridor Overlay) Zone. Conditional Use Permit No. 4096 - to permit a planned commercial office/light industrial center, including a semi-enclosed restaurant with sales of alcoholic beverages for on-premises consumption, with roof-mounted equipment and building heights in excess of 35 feet with waivers of (a) minimum parking lot landscaping – APPROVED, (b) permitted type of commercial identification sign – DENIED, (c) maximum area of commercial identification signs – DENIED, (d) minimum site area per lot – APPROVED, and (e) maximum structural height adjacent to a single-family residential zone - DENIED. Tentative Parcel Map No. 98-234 - to permit an 11-lot (including one lot for landscaping) subdivision for the development of a commercial office/light industrial complex. Specimen Tree Removal Permit No. 99-01 - to remove specimen Eucalyptus trees from this property with replacement at a ratio of two trees for every one tree removed. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended adoption of GPA NO. 362 (Exhibit A) to City Council ( PC99-67) (5 yes votes, 1 abstained, and 1 vacancy). Reclassification No. 98-99-10 GRANTED ( PC99-68). CUP NO. 4096 GRANTED, IN PART, approving waivers (a) and (d), and denying waivers (b), (c), and (e) ( PC99-69). Waiver of code requirement APPROVED, IN PART. Tentative Parcel Map No. 98-234 APPROVED. Specimen Tree Removal Permit No. 99-01 APPROVED. Approved request for City Council review of this project. Approved Mitigated Negative Declaration. A Public Hearing was previously set on this matter and is taking place today – see Item D5. WAIVER OF CODE REQUIREMENT B2. 179: CONDITIONAL USE PERMIT NO. 4111, AND NEGATIVE DECLARATION: OWNER: Paul Phipps and Vicki Phipps, 8049 Canna Circle, Buena Park, CA 90620 12 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 AGENT: Kay Lez - Pacific Rim Architect, 5871 Beach Boulevard, Buena Park, CA 90621 LOCATION: 2780 West Lincoln Avenue. Property is 0.51 acre located on the south side of Lincoln Avenue. To permit a Buddhist Temple and caretaker’s residence within two existing structures formerly used for residential and commercial use with waiver of a) minimum number of parking spaces and b) minimum setback of institutional uses adjacent to a residential zone. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4111 GRANTED, IN PART, for five years, to expire 4/26/2004 ( PC99-70) (6 yes votes, 1 vacancy). Approved Negative Declaration. VARIANCE NO. 4357 CATEGORICALLY EXEMPT-CLASS 11: B3. 179: , OWNER: Bob Pickard, 451 Brad Road, Oakland, Oregon 97462 AGENT: Paul Bostwick, 200 West Midway Drive, Anaheim, CA 92805 LOCATION: 200 West Midway Drive - Anaheim Resort R.V. Park. Property is 6.65 acres located on the south side of Midway Drive, 400 feet west of the centerline of Anaheim Boulevard. Waiver of maximum number and size of wall signs to permit two 64-square foot each wall signs in conjunction with an existing recreational vehicle park. ACTION TAKEN BY THE PLANNING COMMISSION: VARIANCE NO. 4357 GRANTED ( PC99-71) (5 yes votes, 1 abstained, and 1 vacancy). REPORT AND RECOMMENDATION ITEMS: CONDITIONAL USE PERMIT NO. 4095 - REQUEST FOR REVIEW AND APPROVAL OF B4. 179: FINAL PLANS, AND NEGATIVE DECLARATION : Form Guild Inc., 34102 Violet Lantern, Dana Point, CA 92629, requests review of final landscaping and signage plans. Property is located at 2144 South Harbor Boulevard. ACTION TAKEN BY THE PLANNING COMMISSION: Approved final plans for CUP NO. 4095. Negative Declaration previously appro ved. REQUEST FOR PLANNING COMMISSION INITIATION OF GENERAL PLAN B5. 134: AMENDMENT NO. 364 AND AMENDMENT NO. 3 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2: City-initiated (Planning Department), 200 South Anaheim Boulevard, Anaheim, CA 92805, request initiation of applications for General Plan Amendment No. 364 and Amendment No. 3 to the Anaheim Resort Specific Plan No. 92-2 to reclassify approximately 0.73 acres (4 parcels) from the RM-1200 Zone to the SP92-2 Zone. Property is located at 1175-1193 Casa Grande Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: Initiated GPA 364 and Amendment 3 to Specific Plan No. 92-2 ( PC99-66). CEQA EXEMPTION SECTION 15268(b)(1) B6. 155: REQUEST FOR SUBSTANTIAL CONFORMANCE WITH THE SYCAMORE CANYON SPECIFIC PLAN ( SP88-1) DESIGN GUIDELINES : Mark Frank, 701 Lakme Avenue, Wilmington, CA 90744, requests review and approval of vinyl awnings within the Sycamore 13 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 Canyon Plaza. Property is located at 701 South Weir Canyon Road (Blockbuster Video) and further located with the Sycamore Canyon Specific Plan ( SP88-1), Development Area 2 (Commercial). ACTION TAKEN BY THE PLANNING COMMISSION: Determined to be in conformance with the Sycamore Canyon Specific Plan Design Guidelines. END OF THE PLANNING COMMISSION ITEMS FROM APRIL 26, 1999. ITEMS B7 – B13 FROM THE PLANNING COMMISSION MEETING OF MAY 10, 1999 - INFORMATION ONLY APPEAL PERIOD ENDS JUNE 1, 1999 - ITEM B12 HAS A 10-DAY APPEAL PERIOD WHICH EXPIRES MAY 20, 1999: CONDITIONAL USE PERMIT NO. 2231, B7. 179: CATEGORICALLY EXEMPTION-CLASS 21: INITIATED: City-initiated (Code Enforcement Division and Police Department), 200 South Anaheim Boulevard, Anaheim, CA 92805 OWNER: American SK Trading Company, Inc., 831 South Beach Boulevard, Anaheim, CA 92804 LOCATION: 831 South Beach Boulevard - Rainbow Inn. Property is 0.65 acre located on the west side of Beach Boulevard, 830 feet north of the centerline of Ball Road. City-initiated (Code Enforcement Division and Police Department) request to consider revocation or modification of Conditional Use Permit No. 2231 which permits a 41-unit, 2-story motel. ACTION TAKEN BY THE PLANNING COMMISSION: Modified CUP NO. 2231 for six months – 11/8/99 ( PC99-72) (6 yes votes, 1 vacancy). CONDITIONAL USE PERMIT NO. 4117, AND NEGATIVE DECLARATION: B8. 179: OWNER: Clausen Enterprises, 2795 West Lincoln Avenue #F, Anaheim, CA 92801 AGENT: George Hallock/ Hallock Coin Jewelry, 2060 West Lincoln Avenue, Anaheim, CA 92805 . LOCATION: 2060 West Lincoln Avenue - Hallock Coin Jewelry Property is 0.91 acre located at the southeast corner of Lincoln Avenue and Empire Street. To establish a pawn shop in conjunction with an existing jewelry/coin shop. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4117 DENIED ( PC99-73) (6 yes votes, 1 vacancy). Approved Negative Declaration. (See discussion under Items of Public Interest where Mr. George Hallock broached this issue.) City Clerk Sohl explained for Council Member Feldhaus that Mr. Hallock, the principal, intends to appeal the decision of the Planning Commission on this item and subsequently to have a Public Hearing for the Council to consider his appeal. Council Member Tait requested a review of the Planning Commission’s decision and that the matter be set for a Public Hearing. Discussion followed wherein the City Attorney explained at the time the Council heard the Brookhurst Overlay Zone matter (see minutes of April 6, 1999) , a CUP by Mr. Hallock was pending. He had filed an application and asked that the overlay zone ordinance not be adopted until after his hearing before the Planning Commission on May 10; however, the Council adopted the ordinance as presented without exempting his use ( pawn shop) from the ordinance. At the Planning Commission Hearing of May 10, 14 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 1999, the Commission denied the CUP and made no recommendation that the Council change the ordinance. That is what Mr. Hallock is seeking to appeal in bringing it back to the Council (1) to get a CUP and (2) have the Council adopt an exemption. Council Member Tait reiterated his request that the matter be set for a Public Hearing before the Council; Council Member Kring concurred and, therefore, a Public Hearing will be set at a later date. CONDITIONAL USE PERMIT NOS. 15 AND 172 , AND NEGATIVE DECLARATION: B9. 179: OWNER: George A. Cade and Rancho La Paz, Inc., Attn: Richter Farms, 777 Campus Commons Rd. #200, Sacramento, CA 95825 AGENT: Robert Edwards, 501 East Orangethorpe Ave., Anaheim, CA 92801 LOCATION: 501 East Orangethorpe Avenue – Rancho La Paz Mobile Home Park. Property is 24.77 acres located on the north side or Orangethorpe Avenue, 1,440 feet west of the centerline of Raymond Avenue. To amend conditions of approval pertaining to the relocation of the main entrance. ACTION TAKEN BY THE PLANNING COMMISSION: Approved amendment to conditions of approval for CUP NOS. 15 AND 172 ( PC99-74) (6 yes votes, 1 vacancy). Approved Negative Declaration. CONDITIONAL USE PERMIT NO. 4112, AND NEGATIVE DECLARATION: B10. 179: OWNER: Living Stream dba Anaheim Palms Corporate Center, 2431 West La Palma Avenue, CA 92801 AGENT: Larry A. Wilde, 1900 West Ball Road, Anaheim, CA 92804 LOCATION: 2411 West La Palma Avenue. Property is 27.9 acres located at the northwest corner of La Palma Avenue and Gilbert Street. To permit a private school within an existing industrial/office complex. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4112 GRANTED ( PC99-75) (6 yes votes, 1 vacancy). Approved Negative Declaration. Review of the Planning Commission decision was requested by Council Member McCracken and Mayor Daly and, therefore, a Public Hearing will be scheduled at a later date. RECLASSIFICATION NO. 98-99- 12 , AND NEGATIVE DECLARATION: B11. 179: INITIATED BY: City-initiated (Planning Department), 200 South Anaheim Blvd., Anaheim, CA 92805 Parcel A OWNER: - 220 North Beach Boulevard Boas Family Partnership, 1800 Avenue of the Stars, Los Angeles, CA 90067 Parcel B - 200 North Beach Boulevard Metropolitan Insurance Company, 9950 Mayland Drive, #405, Richmond, VA 23233 Insurance Company, 2501 Pullman Street, Santa Ana, CA 92705 Parcel C - 100 North Beach Boulevard Tosco Corporation, P.O. Box 52085, Phoenix, AZ 85072 LOCATION: 100, 200, and 220 North Beach Boulevard. Property is 4.46 acres located at the northeast corner of Beach Boulevard and Lincoln Avenue. To reclassify subject property from the CH (Commercial, Heavy) Zone to the CL (Commercial, Limited) Zone. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 98-99-12 GRANTED, UNCONDITIONALLY, ( PC99-76) (6 yes votes, 1 vacancy). Approved Negative Declaration. 15 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 TENTATIVE PARCEL MAP NO. 96-132 - REQUEST FOR EXTENSION OF TIME, AND B12. 179: CATEGORICAL EXEMPTION-CLASS 15: Vista Del Sol L.L.C., Attn: Reza Dadashi, 856 North Commerce Street, Orange, CA 92667, requests an extension of time to comply with conditions of approval to establish a 3-lot single- family subdivision for custom homes. This petition was originally approved on July 22, 1996. Property is located at Vista Del Sol, east of Country Hills Road. ACTION TAKEN BY THE PLANNING COMMISSION: Approved extension of time for Tentative Parcel Map No. 96-132, to expire July 22, 1999. NOTE: APPEAL PERIOD EXPIRES MAY 20, 1999. CEQA CATEGORICAL EXEMPTION-CLASS 3 B13. 179: CONDITIONAL USE PERMIT NOS. 15 AND 172 - REQUEST FOR DETERMINATION OF SUBSTANTIAL CONFORMANCE : Robert Edwards, 501 East Orangethorpe Avenue, Anaheim, CA 92801, requests a determination of substantial conformance to locate a new office trailer in an existing mobile home park. Property is located at 501 East Orangethorpe Avenue (Rancho La Paz Mobilehome Park). ACTION TAKEN BY THE PLANNING COMMISSION: CUP NOS. 15 and 172 determined to be in substantial conformance. ITEMS B14 – B16 FROM THE ZONING ADMINISTRATOR MEETING OF MAY 6, 1999 - DECISION DATE: MAY 13, 1999 INFORMATION ONLY - APPEAL PERIOD ENDS MAY 28, 1999: ADMINISTRATIVE ADJUSTMENT NO. 161 B14. 179: CEQA EXEMPT {SECTION 15061 (b) (3)}: OWNER: George and Carole Geronsin, 321 S. Old Bridge Road, Anaheim, CA 92808 LOCATION: 321 South Old Bridge Road. Property is .055 acre having a frontage of approximately 116 feet on the west side of Old Bridge Road, and a maximum depth of 246 feet, and is located 920 feet north of the centerline of Stone Creek Lane. Waiver of minimum side yard setback to permit and retain an existing patio cover on an RS-HS- 22 ,000(SC) zone property. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 161 APPROVED ( ZA DECISION NO. 99-15). ADMINISTRATIVE ADJUSTMENT NO. 162 CEQA EXEMPT {115063 (b)(3)}: B15. 179: OWNER: Rancho La Paz, Inc., Attn : Richter Farms, 777 Campus Commons Road, #200, Sacramento, CA 95825 AGENT: Robert Edwards, 501 e. Orangethorpe Avenue, Anaheim, CA 92801 LOCATION: 501 East Orangethorpe Avenue. Property is 24.77 acres having a frontage of approximately 595 feet on the north side of Orangethorpe Avenue and a maximum depth of 1,270 feet located 1,440 feet west of the centerline of Raymond Avenue. Waiver of maximum fence height to install an 8 foot high chain link fence with slats within 10 feet of the front property line adjacent to a major arterial in conjunction with an existing mobile home park. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 162 APPROVED ( ZA DECISION NO. 99-16). ADMINISTRATIVE ADJUSTMENT NO. 163 B16. 179: CEQA EXEMPT {SECTION 15061 (b) (3)}: OWNER: 1610 E. Ball Road Partnership, 1610 E. Ball Road, Anaheim, CA 92805 AGENT: Jakel Contracting Company, Attn : Terry Jakel, 750 North Batavia, Suite B, Orange, CA 92868 16 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 LOCATION: 1610 East Ball Road. Property is 0.69 acre located at the southwest corner of Ball Road and Sherman Street. Waiver of maximum fence height to construct 6’8” high wrought iron fence with block wall columns within 5 feet of a front property line adjacent to a local street in conjunction with an existing manufacturing and warehouse facility. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 163 APPROVED ( ZA DECISION NO. 99-17). END OF THE ZONING ADMINISTRATOR ITEMS. ORDINANCE FOR ADOPTION: B17. ORDINANCE NO. 5682 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Subsection .030 Section 18.03.070 of Chapter 18.03 of Title 18 of the Anaheim Municipal Code relating to zoning – Report and Recommendation Items. (Introduced at the meeting of May 4, 1999, Item B9. Reintroduced at the meeting of May 11, 1999, Item B6.) City Attorney White, in answer to the Mayor, gave an overview of the provisions of the proposed ordinance at the conclusion of which, Mayor Daly offered the ordinance for adoption. ORDINANCE NO. 5682 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SUBSECTION .030 TO SECTION 18.03.070 OF CHAPTER 18.03 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING – REPORT AND RECOMMENDATION ITEMS. Before further action was taken, Council Member Tait posed questions relative to the provisions of the ordinance answered by City Attorney White. He explained now they can only enforce violations of conditions of Conditional Use Permits by setting a Public Hearing, bringing the applicant back, and subsequently modifying or revoking the CUP. This would avoid having a Public Hearing before the Planning Commission or City Council to revoke or modify the permit but simply give the ability to file either a misdemeanor or infraction violation similar to if that condition were actually an ordinance. The reason staff recommended this, staff was desirous of using it in some of the motel problem areas where, currently, they go through a lengthy process of bringing in the owners which then takes several months to bring them in compliance. This would be a more expeditious procedure to get their compliance and bring the motels up to code in accordance with the conditions of the current CUPs; Council Member Tait then asked that a vote be continued to the next meeting. City Attorney White emphasized he wanted to make it clear that the language he just explained was taken out of the ordinance and is not included. It was deleted last week because the Council asked for a continuance; Council Member Kring noted that the Chamber had a problem with the provision(s) proposed. Mayor Daly. He is concerned that just because the Chamber sends a letter that language drops out of a proposed ordinance. He would like to see the stronger, tougher language so they can regulate roadside motels on Beach Boulevard and Brookhurst which was the original staff recommendation. He has not seen the Chamber letter. 17 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 City Attorney White again briefed what occurred at the previous meeting (see minutes of May 11, 1999 ) wherein he indicated the Council would be better off to take that provision out of the ordinance until they decided whether they wanted to adopt the first ordinance at which time staff would insert that provision again. He did not want to have a reference in the code to a non-existent code section. Mayor Daly asked if the ordinance is adopted, what happens to the original staff proposal; Mr. White answered it will be coming back on June 8, 1999 and if adopted at that time, the language will go back in; Council Member Tait withdrew his request for a continuance. A vote was then taken on adoption of Ordinance 5682. Roll Call Vote on Ordinance No. 5682 for adoption: AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS : None ABSENT: MAYOR/COUNCIL MEMBERS : None The Mayor declared Ordinance No. 5682 duly passed and adopted. B18. ORDINANCE NO. 5685 __ (ADOPTION ) AN ORDINANCE OF THE CITY OF ANAHEIM Approving Specific Plan Adjustment No. 1 to Anaheim Resort Specific Plan 92-2, Amending Ordinance No. 5453, and amending subsection 18.48.070.090 of the Anaheim Municipal Code. (Introduced at the meeting of May 11, 1999, Item B9.) Mayor Daly offered Ordinance No. 5685 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5685 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING SPECIFIC PLAN ADJUSTMENT NO. 1 TO ANAHEIM RESORT SPECIFIC PLAN 92-2, AMENDING ORDINANCE NO. 5453, AND AMENDING SUBSECTION 18.48.070.090 OF THE ANAHEIM MUNICIPAL CODE. Roll Call Vote on Ordinance No. 5685 for adoption: AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS : None ABSENT: MAYOR/COUNCIL MEMBERS : None The Mayor declared Ordinance No. 5685 duly passed and adopted. A-TAXICAB COMPANY’S REQUEST TO ADD ADDITIONAL TAXICABS AND SOUTH COAST C1. CAB COMPANY’S REQUEST FOR A PERMIT TO OPERATE A TAXI SERVICE: Submitted was report dated May 12, 1999 from the Planning Department/Code Enforcement Division relative to the subject requests recommending the following : 18 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 (1) Denying A-Taxicab Company’s request to add additional taxicabs and denying South Coast Cab Company’s request for a permit to operate taxi service. (2) Directing staff to prepare an ordinance to impose a moratorium on the issuance of taxi permits until such time as the recommendations of the ad hoc committee are received and considered by the City Council. (3) Directing staff to solicit interest from the community related to the establishment and formation of a five to seven member ad hoc committee with representatives from stakeholders in the community such as the Greater Anaheim Chamber of Commerce, the Anaheim/Orange County Visitor and Convention Bureau, Orange County Taxi Administration, hotel/motel operators, restaurants, hospitals, and/or residents. The committee would review the City’s current and future taxi service needs, determine a recommended method to establish priority for choosing the next company( ies) to receive permits as needed, and report findings and recommendations to the City Council prior to granting any additional permits beyond those being considered at this meeting. Mayor Daly, the City Code requires a hearing on such issues and the proceedings tonight will be conducted as a hearing; City Attorney White then clarified for the Mayor that the applicants or their representatives be allowed to present their case but that any other speakers be limited to the established three-minute time limit. The hearings on each should also be conducted separately. (The proceedings are summarized – see verbatim transcript of the entire hearing – made a part of the record. Also see extensive data submitted for the hearing including reports, letters, surveys, etc. included as part of the record.) A-TAXICAB COMPANY: Mayor Daly asked to hear from the applicant or representative for A-Taxicab Company. Rick Schorling , General Manager – A-Taxicab Company. His company is one of the two providers of taxi service in the City. Although he has been thrown into the controversy of how many cabs does Anaheim need and who should be providing them, his request is not about that but about the connection between John Wayne Airport and the City. They are the only operator at John Wayne Airport who can bring passengers out of John Wayne Airport to anywhere. His request does not have anything to do with bringing more cabs to Anaheim on a daily basis. It has to do with conventions and John Wayne Airport. When their cabs from John Wayne come to Anaheim and drop passengers off, they cannot take a car- load of passengers back (or anywhere) because they do not have a sticker. The airport contract that they have now will not last forever. He emphasized, the connection between Anaheim and John Wayne Airport is what he is talking about. Whoever has the contract, Anaheim needs to investigate how deep that connection is and how much of a benefit it is to the hotels, Disneyland, and all the people in Anaheim to be able to have airport cabs pick up Anaheim passengers to take them wherever they want to go, especially John Wayne Airport. That is his request. Mr. Schorling subsequently answered a line of questions posed by Mayor Daly. Mayor Daly then asked to hear from any others who wished to speak on the application of A-Taxi Cab to operate an additional 58 cabs in Anaheim. The following people spoke either in favor or in opposition and gave their reasons why; some gave comments relative to staff’s recommendations: Sirus Matazzati ( sp), General Manager , AM/PM Taxi, 1220 E. Firestone, Norwalk. Approving additional permits or new cab companies without first studying the situation is inappropriate. Chad Morgan, 1458 LaRiata Drive, LaHabra . He is speaking in favor of both requests – that of A- Taxicab and South Coast Cab Company. 19 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 James Benson, 905 S. Lemon, Apt. A, Anaheim – Taxi cab driver/independent contractor. Favors free competition. Look at the screening process set up by the County. The proposed committee may be a good approach. He would be willing to serve on that committee. Todd Ament , President, Anaheim Chamber of Commerce – supports the process set forth by staff that no additional permits for taxi service be awarded in the City until a study has been conducted on the current and future need for additional permits and an equitable procedure has been developed for determining who will receive these permits and a formula devised to insure appropriate, adequate levels of service for citizens and visitors alike. The Chamber not only supports that approach but would also be happy to allocate resources from the Chamber as well as volunteers from the community and members of the Chamber to assist in this matter. Larry Slagle, President, Yellow Cab Company of North Orange County, 1619 E. Lincoln, Anaheim (one of the two providers of cab service in Anaheim). Yellow Cab supports the staff recommendation at this time. At the conclusion of public input, there was additional discussion and additional questions posed to Mr. Schorling by Mayor Daly and Council Members. Mayor Daly then closed the hearing on the application of A-Taxicab Company to operate additional taxicabs in Anaheim. SOUTH COAST CAB COMPANY: Mayor Daly then opened the hearing on the request of South Coast Cab Company for a taxicab operating permit for 117 vehicles, with twenty-nine vehicles to commence service immediately. Jack Armstrong, Jack Armstrong & Associates, 8468 Neptune Drive, Buena Park, CA. The Council has three decisions to make: (1) does Anaheim need additional cabs, (2) if so, how many, (3) if it needs more cabs and if the Council can decide how many, who would get the stickers. He then gave an overview of the situation since staff began looking at the problem 2 ½ years ago (Code Enforcement activities, surveys done, OCTAP survey, etc.) He emphasized that Anaheim needs a lot more cabs on the street today – trained, courteous drivers in nice vehicles. South Coast Cab wants to provide that service and has proven need for at least 117 new licenses, or 71% of the 165 cabs that now exist. There are not enough licensed cabs in Anaheim. City Attorney White. He announced if there are speakers, who have spoken on the previous application, it is not necessary for them to reiterate all their comments. Their prior comments will be incorporated and will be reflected in the record. Savaas Roditis , Owner, South Coast Cab Company, 10700 W. Katella Ave., Anaheim. He is present to support his application. His presentation covered his background during which he explained he came to the United States to pursue the American Dream and he did so by starting his taxi cab business. He noted the many cities that have more than two or three cab companies and many cabs. He questioned why not the same for Anaheim, a City which has many tourists. He urged them to do the right thing and let the American Dream come true. The following people then spoke either in favor, in opposition, gave comments or additional input: Linda Lee Grau , 24 Morning Dove, Irvine CA 92604. She urged that they give Mr. Roditis his 100 cabs. She submitted a petition signed by people supporting the request of South Coast Cab Company – made a part of the record. Ray Torres, 5987 E. Anaheim Blvd., Anaheim. (He first rebutted statements made by Ms. Grau in her presentation.) The City has to look at an efficient way to let cabs into the City. The staff recommendation is a good one. They need to consider five to seven individuals, stakeholders of the Anaheim community to look at what the real need is going to be, not today, but in the future. It should be done systematically. 20 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 Chad Morgan, 1458 LaRiata Drive, LaHabra . ( O.C . Director of Americans for Freedom). Do not waste taxpayers money on another study. Use the free market. Todd Ament , President, Chamber of Commerce. He offers his previous comments but also that over the past year, they surveyed their members as to their needs. A large majority of the members come from the hotel and restaurant industry. The issue (taxi service) has not been addressed as a large need; however, the Chamber would like to have an opportunity to go back and survey the members again and come back and make a recommendation to Council based on their findings. Larry Slagle , President, Yellow Cab Company of Orange County. He addressed the issue of a cab company having to respond not only to calls in the Resort Area but also the requirement to operate seven days a week, 24 hrs. a day and respond to calls at Imperial Highway and Santa Ana Canyon Road or wherever they might be in the City. He is speaking against the subject request because South Coast has had a history of violating the City ordinance which is another reason why he feels they should go through a process, perhaps an RFP process in providing additional service for the residents of Anaheim. Robert McQueen, Coast Yellow Cab, 11611 Westminster Avenue, Garden Grove. Favored staff’s position. It is time for a good study and survey to determine the best way to apply licensing for new taxi cabs in Anaheim. They are currently licensed to operate in every City in the County except Anaheim. Mary Ann Cazell, Attorney, South Coast Cab Company, 4341 E. Chapman, Orange, CA 92869. The issue is South Coast Cabs request for a permit to operate in Anaheim. There have been at least two informal surveys done by staff and one good survey done by South Coast Cab. The result shows there is a need for 71% more cabs. She then recounted what occurred at the previous hearings on the subject, surveys that had been done, etc. They do not need any more work done. Setting up an ad hoc committee per staff’s recommendation would choke in its own red tape. They do not need any more committees, studies or surveys but more cabs in Anaheim right now. Mayor Daly. He announced that the public input is now concluded on South Coast Cab Company. An extensive line of questioning by Mayor Daly and Council Members followed during which the Code Enforcement Manager and the City Attorney clarified a number of issues revolving around the phasing plan submitted by South Coast Cab Company, taxi cab drivers being independent contractors and how that process works, OCTAP requirements, criteria/basis for recommending denial in both cases, number of complaints (Code Enforcement reported receiving only two complaints relating to lack of or inadequacy in taxi cab service in the last six months), where burden of proof of need and necessity lies (on cab companies) and how it is possible for the companies to do so, time frame for ad hoc committee to be in place (possibly 90 days), experience in other cities (how many companies/cabs), findings that need to be made in order to grant requests for new permits/additional service, etc. Relative to the findings needed to be made, City Attorney White explained, the provisions in the AMC for the findings that must be made based upon evidence in the record for the approval of new taxi cab permits are three fold: (1) All drivers have to have valid OCTAP (Orange County Taxi Administration Program) permits. (2) Color of the vehicles – name, monogram or insignia must not be in conflict with any other name currently being operated by a taxi service in the City. (3) Council must find that the public convenience and necessity require the operation of applicant’s taxi cab business in the City and applicant has sufficient number of vehicles to adequately service the entire City. Those apply to the South Coast Cab application -- a new company that doesn’t currently have a permit. For a company that has an existing permit, in this case, A-Taxicab Company, in order to grant an increase taxi permits, the Council must make two findings: (1) That the permit holder have an OCTAP permit for each vehicle. (2) Additional vehicles are necessary in order for the permit holder to adequately service the entire City. It requires the City to determine if adequate. Council Member Tait asked if the burden was met and there is a need, does the code state how they determine which applicant gets those permits; City Attorney White answered, no since the code does not currently have such a mechanism. 21 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 Council Member Tait then asked, in order to reach a fair and equitable solution on how to give out these additional permits, would it be accurate to say that they need to change the ordinance and that is what staff is looking for in the recommendation; John Poole , Code Enforcement Manager answered, that is accurate. For years, they did not have a second gate at the resort. As they look at the Code, they could say that changes need to be made. Mayor Daly asked if the Council were to authorize more permits soon, either this evening or soon, is there anything in that process that would prevent the Council concurrently after awarding more permits to operate from setting certain standards for operation, i.e., age of the vehicles , training of drivers, etc., any standard staff could dream up that would improve the quality and accountability of taxi service in Anaheim (awarding more permits and then having the new standards in effect); City Attorney White answered the Council could do it either way. Mayor Daly. It is that approach he recommends they take. He feels the two companies have shown good faith and a reasonable approach to Anaheim’s system – where the burden is entirely on the applicant to prove the need. The two firms applying to serve Anaheim should be given their permits to serve and at the same time they should take steps quickly to raise the standards of service in Anaheim. He is in favor of more permits, more competition and higher standards. He is not suggesting they adopt new standards this evening, but that they grant more permits and work toward a system of higher standards. Council Member McCracken . Two separate issues are involved. One company is asking for additional permits but not to service the entire City (A-Taxicab). That is not the City’s policy or ordinance. Additional cabs or new cabs have to commit to servicing the whole City. A-Taxicab wants to bring passengers to the Resort Area and then be able to take passengers anywhere from there and that will have to be dealt with. She then expressed her concerns if the City is opened up to more companies; she feels there are concerns and issues that haven’t been addressed. She is also not convinced there is a need. The Transient Occupancy Tax (TOT) is down by one million dollars as is Convention Center business. They need to develop a plan on how they deal with both issues. She clarified for the Mayor that she does not believe the applications fit the City’s ordinance. City Attorney White. The purpose for tonight’s hearing is to make the findings and determination as to whether or not 29 cabs initially is adequate to serve the City. It is a finding of fact for the Council to make; Mr. Poole clarified that at past hearings there was quite a bit of discussion that a start-up company could adequately service the entire City beginning with 30 cabs. Thirty should be dedicated just to the City. There are currently 165 cabs in the City. Council Member Kring . She agrees with Council Member McCracken. She is very much for open competition but in this case it is a concern. Conventions are down and many roads are under construction. She favors the staff recommendation of an ad hoc committee and feels that an economist should be included in the committee as well to assist in determining how many cabs will be needed in the future. Too many cabs in the marketplace that cannot be supported will result in activity that would not be positive for the City. There are also other issues – are the cabs just going to stay in the Resort Area and not in the west end or east end of the City. In 2000 and 2001 she believes there will be more need but she does not want to see everybody coming into the City knowing of the major problems experienced in other cities such as San Francisco and Seattle. She agrees with the Mayor that they need to bring up the standard of the cabs for both tourists and residents alike. Council Member Feldhaus . He is going to make a motion to approve the request of South Coast Cab Company to operate in the City starting with at least 30 cabs with the knowledge and understanding Mr. Roditis will have to show his capability to comply with whatever rules and regulations the ad hoc committee sets up in about 90 days. Perhaps in another year the City may be in a better position to have more cabs. At some point, the ad hoc committee will be coming back to the Council with the recommended number of cabs. 22 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 MOTION. Council Member Feldhaus moved to approve South Coast Cab Company’s request for a permit to operate a taxi service in the City of Anaheim and authorizing 30 cabs at this time. Mayor Daly seconded the motion. Before further action was taken, Council Member Tait stated he respectfully disagrees with the motion. He is for competition and higher standards but to him it doesn’t make any sense to grant the permit and then ask for higher standards. Staff’s recommendation has a chance to get the City to a fair and equitable process. That is the reason they heard Coast Cab agree with staff’s recommendation and that is a company that is not in Anaheim. AM/PM would also like to see a fair and equitable process. He believes staff’s recommendation is an attempt to get them there, to change the ordinance and come up with a franchise system or an RFP system. Staff says there is no need for additional service at the present time. City Attorney White. He assumes the motion incorporates the three required findings as previously outlined. (See the foregoing three findings necessary for new taxi cab service previously articulated by the City Attorney.); Council Member Feldhaus incorporated those findings in his motion. A vote was then taken on the foregoing motion which failed to carry by the following vote : Ayes: Feldhaus, Daly. Noes: Kring, Tait, McCracken . City Attorney White. There should now be a motion to deny the application with the findings that one or more of the findings required have not been met and to state which one. MOTION. Council Member Tait moved to deny South Coast Cab Company’s request for a permit to operate a taxi service in the City of Anaheim with the finding that there is no need and necessity for such additional service at this time. Council Member McCracken seconded the motion. Before a vote was taken, Mayor Daly stated he is speaking against the motion. South Coast Cab Company has submitted materials to City government for three years, they have been allowed to operate in other communities and have earned the right to have an opportunity to operate in Anaheim. A vote was then taken on the foregoing motion of denial which carried by the following vote : Ayes: Kring, Tait, McCracken. Noes: Feldhaus , Daly. Mayor Daly. Relative to A-Taxicab Company’s request to operate additional cabs in the City, he feels it is a sad situation when a company picks up at John Wayne Airport and drops passengers off in Anaheim but cannot take passengers from Anaheim back to the airport for the return trip. The same holds true for Yellow Cab who can deliver but not pick up. They have a chance this evening to rectify that situation. He thinks the right thing to do is to allow A-Taxicab the ability to add more permits in Anaheim. It is time to “beef up” the overall level of service in Anaheim. MOTION: Mayor Daly moved to approve the request from A-Taxicab to operate an additional 58 cabs in Anaheim. MOTION DIED FOR LACK OF SECOND. MOTION. Council Member Kring moved to deny the request of A-Taxicab to operate an additional 58 cabs in Anaheim finding a failure of the permit holder to adequately service the entire City. Council Member McCracken seconded the motion. MOTION CARRIED by the following vote : Ayes: Kring, Tait, McCracken. Noes: Feldhaus , Daly. MOTION. Council Member Tait moved to approve staff’s recommendations, Items (1) and (2) above. Council Member Kring seconded the motion and asked that an economist be added as a member of the ad hoc committee. 23 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 Before a vote was taken, Council Member Kring explained at the request of the Mayor that she believes an economist would bring in a different perspective. One was used a few years ago relative to the expansion of the Convention Center. It will round out the committee; Mayor Daly questioned if she wanted to use public funds to hire an economist. Council Member Kring . Depending on the cost, perhaps they could ask for contributions from other members of the ad hoc committee; City Attorney White stated they may run into conflict of interest issues. Council Member Kring asked that he check out the possibility. Mayor Daly. He is speaking against the motion because he is not in favor of a moratorium. He also strongly disagrees with the idea that they should put a limit on the amount of taxi service in Anaheim. There are already plenty of standards in place. This is a convenient way of deferring a decision and he believes it is wrong. After additional Council discussion and questions posed to Mr. Poole, Council Member Tait stated he sensed there is a problem with a moratorium, but he does not think it makes sense for a cab company to apply during this process. If he (the Mayor) does not like a moratorium, he will take it out ; Mayor Daly. He does not like the whole idea. City Attorney White. Relative to the moratorium, the most that could be done tonight is to direct him to prepare an ordinance to bring back for Council consideration at the next meeting. It would be a motion to direct staff to prepare an ordinance that would propose a moratorium. A vote was taken on the foregoing motion by Council Member Tait to approve staff recommendations (2) and (3) and carried by the following vote : Ayes: Feldhaus, Kring, Tait, McCracken. Noes: Daly. Later in the meeting (after a short recess), Mayor Daly asked for clarification if the ad hoc committee was going to be appointed by Council or staff; Council Member Tait answered, staff. Mayor Daly. That is one more reason why he disagrees. RECESS: By general Council consent, the Council Meeting was recessed for five minutes (9:05). AFTER RECESS : The Mayor called the meeting to order, all Council Members being present (9:10). PUBLIC HEARING - WAIVER OF CODE REQUIREMENT D1. CONDITIONAL USE PERMIT NO. 4099, AND NEGATIVE DECLARATION: OWNER: Dong Hee Kang and Bu Sun Kang, 559 South Olive Street, Anaheim, CA 92805 AGENT: Mr. Jae J. Chung, 10042 Lampson Avenue, Garden Grove, CA 92840 LOCATION: 559 South Olive Street. Parcel 1 - is a rectangularly-shaped parcel of land consisting of 0.23 acre located at the northwest corner of Water Street and Olive Street, with frontages of 140 feet on the north side of Water Street and 70 feet on the west side of Olive Street. 313 East Water Street. Parcel 2 - is a rectangularly -shaped parcel of land consisting of 0.12 acre with a frontage of 48 feet on the north side of Water Street, and a maximum depth of 114 feet, located 175 feet west of the centerline of Olive Street. To permit a convenience/liquor store with a coin-operated laundry facility with waiver of (a) minimum setback abutting a collector street, and (b) required site screening adjacent to a residential zone boundary. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4099 GRANTED, IN PART ( PC99-56) (5 yes votes, 1 no vote, and 1 absent). 24 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 Waiver of code requirement APPROVED, IN PART, approving waiver (a) in-part, and approving waiver (b). Approved Negative Declaration. Informational item at the meeting of April 6, 1999, Item B13. Review of the Planning Commission’s decision requested by Mayor Daly and Council Member McCracken. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News : May 6, 1999 Mailing to property owners within 300 feet : May 6, 1999 Posting of property : May 7, 1999 Greg Hastings, Zoning Division Manager briefed the staff report to the Planning Commission dated March 29, 1999 which described the proposal. Mayor Daly asked Mr. Hastings to summarize the Planning and Redevelopment staff’s rationale for recommending against the project ; Greg Hastings. Staff felt strongly first it would be an intrusion of a non-residential use into a residential neighborhood. In addition, there is a very high crime rate in the area which they feel, along with the Police Department, will be a detriment. Thirdly, there will be the introduction of new traffic into the neighborhood. He also clarified for Council Member Tait that their concern is relative to the entire complex including the convenience store, liquor sales and the laundromat. Council Member Kring noted that there is already an existing liquor store. She asked the crime rate in the area. Sgt. Russ Sutter /Police Department. The current 1998 stats show the crime rate for the subject location is 200% above; to the south, 179% above ; to the east, 2% above; to the west, 1,340% above and to the north, 142% above. Council Member Tait noted the Planning Commission recommended approval of the proposal. He asked if they stated why ; Greg Hastings. The Commission felt because of the present condition of the property, this project would improve the condition. Mayor Daly opened the Public Hearing and first asked to hear from the Applicant or Applicant’s Agent. Daniel Kang, Manager of the LaPaloma Market, on behalf of his father. This is a permit that has been twice approved by the Planning Commission, January 9, 1995 and March 29, 1999. The current store is over 50 years old and it needs a complete remodeling. They have owned and operated it for over 10 years. It is financially impossible for them to remodel and redo the whole business without having additional income to meet the payments. When it was approved in 1995, the bank denied the loan but this time the bank is approving the loan. They want to improve the site. He has pictures of what the store looks like (which he submitted). It is an eyesore – run down, beat up, in need of improvement, more parking spaces and landscaping. There was a lot of concern about the crime rate. They have never been held up and have not had any problems except with people bouncing checks. The crime rate is after their business hours late at night. Right behind the store is a commercial gasoline station and adjoining the other side of the district is commercial. It is not introducing a commercial zone because it is already existing. He reiterated, in order for them to improve the property, they need an additional business which is the laundromat. He clarified that he is going to demolish the building – the existing building will be gone completely (and a new one built). Mayor Daly asked to hear from anyone else in favor of the project. Linda Lee Grau , 24 Morning Dove, Irvine. She spoke in favor. Mayor Daly then asked to hear from those in opposition. 25 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 Angelina Vena , 601 S. Olive, Anaheim right across the street. The store was started by her father in the 1940’s. She has already delivered a three-page letter to the Planning Commission advising of her concerns about the traffic, vandalism and many other issues. A copy was also delivered to the Council (made a part of the record). The residents are not against the demolition of the store and the reconstruction of a brand new store. The reason it is an eyesore, there have not been any improvements made over the years. What they are fighting against is the construction of the laundromat. They feel the crime rate will continue. She then relayed some of the problems they experience every day – drug dealing starting at 7:00 a.m., public urination, etc. The residents living in the neighborhood, most for over 45 years, face the problems all the time. The owners are great owners and are good to the community but it is the other pressing issues that are of concern. She then read a letter written by one of her neighbors, Enrique Chavez, 601 S. Emily Street, who had to leave early which outlined many of the problems/concerns in the area - - safety of the residents, especially children and seniors, non-stop speeding by nearby businesses, vandalism, combining a liquor and laundromat use will result in littering and loitering, etc. In closing, the letter urged the Council not to contribute to taking safety away from their community. (She thereupon submitted the letter for the record.) Mayor Daly asked if she ( Vena) was opposed to the sale of liquor ; Angelina Vena. She would like to say that she is but feels it is too late. It was her father who originally applied to sell alcohol but they do not want people drinking on the premises or loitering. She confirmed that she is against the proposal. Connie Mendoza, 308 E. Elsworth , Anaheim for 50 years, across the alley from the project. It appears that the applicant has no intention to mend his ways and run his store in accordance with code enforcement laws. She relayed an incident involving the fence in the back of the property. She also reported incidents of people drinking in front of the store without any interference from the owner. Presently there are four convenience liquor stores in the area and one laundromat. The proposal will not serve the neighborhood needs and, without security guards, it will contribute to the further deterioration of the area. Javier (last name ?) 301 E. Water, Anaheim. His wife works at Kwikset (around the corner). He relayed an incident that happened three years ago where his wife was approached by one of the (male) customers. It is not right to serve alcohol there because there is no concern for the residents. Rebuttal by Applicant: Daniel Kang. When they acquired the property 10 years ago, it was in a worse state than it is now. They did put up a chainlink fence. They made certain improvements, but it isn’t enough. It takes a lot of money. Relative to traffic, the street exists inside a residential district. It is not located on any major street. The only customers they have are on a first-name basis. The only other customers are those working in the neighboring manufacturing area. Theirs is is already an existing liquor store and market. It closes at 8:00 P.M. They don’t sell six-packs or 12-packs, but one can at a time. They need the laundromat to get the loan for the whole project. They came up with that idea. The crime rate has gone up in the area but he does not know why. They want to beautify the place and make it better. Council Member Kring asked what would happen if the CUP is denied; Joel Fick, Planning Director. The staff report mentions existing conditions that are not in compliance with code. There are things even in its non-conforming state that need to be cleaned up to comply with the non-conforming status. Council Member Kring surmised the reason they were not fixing anything was because they are going to demolish the building. Mayor Daly. Staff mentioned this is a non-conforming use and that is a fundamental issue they need to deal with. This is in the City’s General Plan for residential and he feels that is the underlying question they need to address – should this use which has been there for decades be institutionalized now for many more decades. It is surrounded on two sides by residential and the Redevelopment Area is to the immediate north of the site. 26 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 Mayor Daly closed the Public Hearing. Council Member Tait . If the project is denied, the existing liquor store remains in operation; however, the City could require a new paint job, replanting of the existing planters and other things, but as far as limiting liquor sales or requiring security guards, he believes they would be limited to what could be required. Joel Fick . He confirmed that was correct. The City could require cosmetic improvements, but the existing non-conforming status is allowed to remain. Council Member Feldhaus asked, should the project be approved with the conditions imposed, i.e., demolition of the existing building, on-site security guard, a minimum of three employees, etc., would the Police Department feel that would abate some of the criminal activities. Sgt. Sutter answered , their experience is where security guards and employees are in place, that it has improved the locations. The Police concur with staff’s recommendation. He also confirmed for the Mayor that the Police Department recommendation is that the use not continue. Council Member McCracken asked if the site was in a Redevelopment Area; Greg Hastings. The easterly parcel is; the westerly portion is zoned residential. Council Member McCracken asked if there was anything in the Redevelopment Plan for this area. Richard Bruckner , Deputy Director of Community Development. Redevelopment has not focused on this site other than the application before the Council at this time. If the project is denied, they would work with the applicant or the surrounding community to improve the neighborhood. Answering the Mayor relative to a conceptual recommended alternative use for the site, he stated potentially it could all be used for residential. Mayor Daly. This is a prime community for Redevelopment and one of the reasons why there is a Redevelopment Area in the heart of the City. He does not think it is a matter of leaving it as is or tearing it down and building a new business with liquor sales and a laundromat. They should not allow the non-conforming use to continue. The applicant has not shown good faith to the neighborhood. The business could have been cleaned up but it has not been done. He was also struck by the comment that a lot of business people buy one or two cans of beer, which is not conducive to the quality of a residential neighborhood. It is an awkward land use situation inherited from 50, 60 or 70 years ago and now the applicant is asking for a long-term continuation of a use that does not fit the neighborhood. He would respectfully suggest they should deny the application and ask the Planning and Redevelopment staff to come back as part of the whole Redevelopment process with another vision for the property. There is a clear recommendation from Planning and Redevelopment staff and the Police to not allow the use to continue. He strongly supports the staff recommendation. Additional discussion, comments and questioning of staff by Council Members followed during which, a Mr. Jae Chung, 10042 Lampson, Garden Grove 92840 , Agent for the property owner, explained that the area adjoining the property is only 5,000 square feet and is not a good size for residential. At the conclusion of further discussion, Mayor Daly stated any time they have a chance to close down a liquor store in a residential area, they should do it. It needs to go away. Redevelopment is a legitimate means to do that and it is a legitimate expense. It would be a good place to spend some Housing set-aside dollars. Richard Bruckner . It is within the Project Area so they could use Redevelopment funds. He was talking about the vacant lot; the primary site is the liquor store ; Mayor Daly. They could continue the item so that staff could meet with the property owner. If that is a thought, he is supportive. However, if faced 27 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 with allowing the liquor store to continue another 50 or 75 years with the neighbors being opposed, he asked the Council if they would rather continue the item or vote tonight. Council Member Feldhaus favored a continuance to give staff an opportunity to talk to the property owner. MOTION. Mayor Daly moved to continue the Public Hearing for three weeks so that Redevelopment staff can meet with the property owner and discuss alternatives for the site. Council Member Feldhaus seconded the motion. Before a vote was taken, City Attorney White stated that a three-week continuance should not be a legal problem ; Richard Bruckner. He would like four weeks if possible. Mayor Daly amended his motion to continue the Public Hearing for four weeks. Council Member Feldhaus was amenable. MOTION CARRIED. PUBLIC HEARING - WAIVER OF CODE REQUIREMENT D2. CONDITIONAL USE PERMIT NO. 4108, AND NEGATIVE DECLARATION: OWNER: Savi Ranch Associates, a California General Partnership, 2030 Main St., Suite #640, Irvine, CA 92614 AGENT: William Hobin, P.O. Box 2034, Santa Monica, CA 90401 LOCATION: South of the terminus of Pullman Street at Old Canal Road. Property is 2.14 acres located south of the corner of Pullman Street and Old Canal Road. To construct a new self storage facility with a building height in excess of 35 feet with waiver of (a) permitted commercial identification sign, (b) maximum structural height adjacent to a residential zone, (c) minimum landscape setback adjacent to a residential zone and (d) required site screening adjacent to a residential zone. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4108 GRANTED ( PC99-57) (6 yes votes, 1 absent). Approved waiver of code requirement Approved Negative Declaration. Informational item at the meeting of April 6, 1999, Item B14. Review of the Planning Commission’s decision requested by Mayor Daly and Council Member Feldhaus. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News : May 6, 1999 Mailing to property owners within 300 feet : May 6, 1999 Posting of property : May 7, 1999 Greg Hastings, Zoning Division Manager briefed the staff report to the Planning Commission which summarized the proposal. He noted that Redevelopment staff recommended denial and Planning staff, while they feel it is very well designed, it may not comply with Council Policy developed last September pertaining to storage facilities. Richard Bruckner, Deputy Director of Community Development, then answered questions posed by the Mayor and Council Members relative to the site, that Redevelopment staff felt there were other alternatives to the site, that subsidy money is available in the Redevelopment Project Area for other potential uses, etc. He also explained that although it is a difficult site, it would be suitable for some smaller car dealerships and one of the car dealers nearby expressed the need for additional space for a used car operation. Although the property has been vacant for some time, the market has changed and it could be viable for other uses. Mayor Daly opened the Public Hearing and asked to hear from the Applicant or Applicant’s Agent. 28 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 Mr. Phil Schwartze , Planner, The PRS Group, 31682 El Camino Real, San Juan Capistrano . They are present following unanimous approval of the project by the Planning Commission. Instead of a slide show and graphics, he will simply hit the key points of the project. The site meets and exceeds all of the Council guidelines regarding self-storage. The property has a unique shape and the project is also very unique – it is a high-security self-storage facility and there is a strong demand for such storage since it is a place to store antiques, art works and computer equipment. That is the market they are going for. This use will create a minimal amount of traffic and noise. There are unique circumstances of the property. He then presented a sample of cable that is underneath the property, which carries 66,000 volts of electricity. In order to move it, Edison is charging $605,287 just to put a “kink” in it. He also briefed his discussions with Mr. Bruckner wherein other alternatives were discussed but which he felt were not viable. Relative to the waivers relating to residential zoning, the substation and the pump station next door are zoned residential. They have been able to accommodate the equestrian trail in their design and also are retaining the existing trees on the site as noted in the computer renderings submitted (made a part of the record). The facility looks like an office building. It is a $6 million investment in the area. The building has no roof-mounted equipment. It will have a very slick and clean appearance. The site is practically invisible from the residential areas. It offers additional screening for the electric substations and the water pump station. The front elevations have been screened with additional berming and landscaping. Some of the trees they are retaining are already 50’ high. They are adding 33 additional trees. All the surrounding zoning is commercial and is developed. The building is set back over 100’ from the freeway. There are no signs facing the freeway on either of the three sides of the building. Mayor Daly asked to hear from those who would like to speak to the proposal. Linda Lee Grau, 24 Morning Dove, Irvine spoke in favor. Stefanie Perry, 5949 Avenida Arbol , Anaheim – Concerned Citizens of the Canyon. She usually asks that storage facilities be denied rather than approved. This is not the ordinary facility. She has taken the time to review the project and also talked to the developers and feels it warrants approval. She then gave her reasons why. Dade Haldeman , 18500 Von Karman , Irvine. He represents the land owners, Savi Ranch. He has been involved in the marketing of this property for the last 16 years (the entire 200 acres). There are three remaining sites and this is one of them. This parcel has proven to be very difficult to develop. They have explored a number of different uses over the past 16 years. The owners of the property strongly support the proposed development. Aesthetically, it is very appealing. It is as attractive as any office building or R & D (Research & Development) building presently in the 200-acre park. He respectfully disagrees with Mr. Bruckner relative to the possibility of alternative uses. He then relayed the efforts he has made in trying to sell the property in the last 16 years. Joanne Gieler, President of Polo Properties. Her company owns and operates 11 self-storage facilities in the Southern California area. She is present to speak in favor of the facility. Her company prepared the feasibility study for the subject site. She was impressed by the tremendous under supply of storage that exists in the area. The design of the facility is aesthetically pleasing, technologically advanced, and would only serve to enhance the surrounding area. There being no further persons who wished to speak in favor, Mayor Daly asked to hear from those in opposition. Gary Murray, 8149 E. Kennedy Road, Anaheim, close to the proposed project. He is President of the East Hills Homeowners Association (306 homeowners). He is present to gather information for them. They have voiced their concerns about projects that have been built in the past and some proposed in the area. He wants to make it clear he is not representing the association. He is a concerned citizen and long-time resident and feels this project is inappropriate and incompatible with the surrounding land use. The developer is asking for too many waivers and particularly the one that raises the height to 40’. The proposed location is too close to the freeway. He feels the artist’s renderings are deceiving and 29 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 deceptive. He then submitted colored photographs numbered 1 through 5 (made a part of the record) which showed the subject property and the view areas in each direction. The proposed building will be too tall, too close to the freeway, and visible from the opposite side of the freeway. Aesthetically, it is not going to fit the area. Distractions driving down the canyon are the big buildings, walls and signage. The building is going to be 100’ from the on-ramp and visible from all directions. Other interest in the property is the Post Office and the City (for a library). He then read the reasons why staff recommended denial of the project. He concluded it is not the right proposal for the property and the homeowners are not pleased with what is going on in that area. Jim Saunders, 8461 E. Saratoga , Anaheim, Member of East Hills. He is new to the area (six months). He is concerned the project will lead to a precedence of larger scale buildings being built in the valley. He likes the community the way it is. The height (of the building) is too high. He does not feel it is important to develop that little piece of property. He does not want a wall along the 9l Freeway. Council Member Tait asked if he was concerned about the view from his home or neighborhood; Mr. Saunders answered, no. He can’t see it. He is concerned about the huge growth invading the valley. Rebuttal by Applicant : Phil Schwartze. The project is one of the lowest traffic generators of any land use that could be put on that intersection. He respectfully requests approval of the project. Questions were then posed to the Agent and staff by Council Members wherein Mr. Schwartze reported that they have tried to suppress the building as far down as possible and there is no equipment on the roof at all. To get to a height of 35’, they had to request a CUP. Planning staff clarified that the building is located close to a residentially-zoned piece of property which is the Edison substation. It is only a technicality. Council Member Tait . He surmises if it were not for that residential “mislabeling” there would be no requirement for a height waiver ; Greg Hastings. He clarified that was correct. Three of the waivers fall into that category. Mayor Daly asked if the project is consistent with the scenic corridor; Mr. Hastings answered, yes. It allows for over 35’ with a CUP. He also clarified he believes this will be the tallest building in the Savi Ranch. Mayor Daly closed the Public Hearing. After additional questions posed to staff, Mayor Daly stated he thinks this is about as good a public storage project as they are going to see and the developer has made an excellent project proposal. His concern is that the whole Savi Ranch is in the Redevelopment area and there is a history of competing with Yorba Linda for the choicest uses. The City has worked long and hard to get the car dealerships to locate there and also fought long and hard with Yorba Linda to have the property in Anaheim. He would not want to miss an opportunity on this site for any potential expansion of car dealers and does not think they are going to know that for another six months or a year. Although it is a tough call for him, he is tending to lean with staff to hold off because of the “hot” market in the area. He is also sympathetic with the people who live across the freeway. He does not think either City (Anaheim or Yorba Linda) has achieved their aesthetic objectives. ENVIRONMENTAL IMPACT REPORT – NEGATIVE DECLARATION : On motion by Council Member McCracken seconded by Council Member Kring the City Council approved the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Mayor Daly voted no. MOTION CARRIED. Council Member McCracken offered Resolution No. 99R-101 for adoption. Refer to Resolution Book. 30 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 RESOLUTION NO. 99R-101 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 4108. Before a vote was taken, Council Member Tait stated he was going to vote for the project particularly since the waiver was clarified – that it is adjacent to residentially-zoned property – which is actually not residential; Council Member Kring. She is also voting for the project because after 16 years of trying to find a developer, she does not know how much longer they would have to wait for a viable project. Roll Call Vote on Resolution No. 99R-101, for adoption: AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken NOES: MAYOR/COUNCIL MEMBERS : Daly ABSENT: MAYOR/COUNCIL MEMBERS : None The Mayor declared Resolution No. 99R-101, duly passed and adopted. . PUBLIC HEARING - WAIVER OF CODE REQUIREMENT D3 179: CONDITIONAL USE PERMIT NO. 4109, AND NEGATIVE DECLARATION: OWNER: G. Jack and Yolanda Zanchi, 16601 Naly Circle, Huntington Beach, CA 92649 AGENT: Antonio Martinez, 941 North Cambria Street, Anaheim, CA 92801 LOCATION: 3440-3464 West Orange Avenue. Property is 1.43 acres located at the southeast corner or Orange Avenue and Knott. To establish conformity with existing zoning code land use requirements for an existing commercial center and existing liquor store, and to permit the conversion of an existing meat market to a convenience market with waiver of continuation of non-conforming billboards. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4109 GRANTED, IN PART ( PC99 -58) (6 yes votes, 1 absent). Denied waiver of code requirement. Approved Negative Declaration. Informational item at the meeting of April 6, 1999, Item B15. Review of the Planning Commission’s decision requested by Council Members Feldhaus and McCracken. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News : May 6, 1999 Mailing to property owners within 300 feet : May 6, 1999 Posting of property : May 7, 1999 Joel Fick , Planning Director. He briefed the proposal as outlined in the Staff Report to the Planning Commission dated March 29, 1999. The only reason the project is before the Council is to convert an existing meat market to a convenience market which does require a CUP. There was no opposition at the Planning Commission hearing. Of significance is the fact that two existing billboards will be removed and enhanced landscaping is to be provided with the planting of five trees along each street frontage, refurbishing the planters and also some additional conditions such as removal of exterior phones and other enhancements to the property. Staff recommended approval. He also explained for the Mayor that relative to the billboards, the waiver for non-conformity was denied which means, for the CUP to be effected the billboards would have to be removed and the applicant was agreeable. Further, the CUP request includes the existing retail center and existing liquor store established prior to CUP’s being required. Council Member McCracken . The meat market is a separate store from the liquor store and they are only asking to change to a convenience store but they are not adding beer and wine or liquor; Mr. Fick clarified that was correct. However, there are additional conditions which apply to the existing liquor store. 31 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 City Attorney White. In order to change the use from a meat market to a convenience market, because there are existing non-conforming uses which includes the liquor store elsewhere in the center, the Council, in order to allow that conversion of uses, would have to find the liquor store as being a conforming use. After additional questions to staff for purposes of clarification, Mayor Daly opened the Public Hearing and asked first to hear from the applicant or applicant’s agent. Applicant’s Statement : Jean Gross, 3454 W. Orange, Anaheim, the on-site Manager. She wants the CUP approved but feels the Planning Department is making some unreasonable requests such as limiting the liquor store hours which is not the case for other stores on major streets. They would like to be open Sunday through Thursday from 7:00 P.M. to 11:00 P.M. and on Friday and Saturday until 1:00 A.M. Relative to the trees, they are being requested to plant 10 trees, 5 on each street. That would mean tearing out existing bushes that have been there for years. If it is mandatory to do so, summer time is not a good time. There is only one planter in the shopping center that has irrigation. Relative to the telephones, she has contracts for those signed in December of 1996 due to expire in five years (2001). She questioned who will buy out the contract. She has no problem taking out the billboards. In fact, she contacted the City about five years ago to see if she could have the billboards taken out and she was told how difficult it would be to do so. Regarding Item 10 (parking lot), this involves regular maintenance which was done last year. She has maintenance done every other year and it is not slated to be done this year. If it is mandated, she will do it this year instead of next. Joel Fick . The hours were established because those were requested in the written request. Staff has no objection to the hours just requested by Ms. Gross ; Greg Hastings. Relative to the trees staff had recommended the trees be planted and the Commission also looked at that issue noting that it could possibly involve removal of a shrub or two. There are locations in the planter where there is just dirt where trees could be planted. It is possible it could be one, two or three shrubs that would be removed. At the suggestion of Council Member Kring, he (Hastings) stated it is something they could work with the applicant on. There are no trees at all and staff would like to see some shade as well as some relief in the hardscape. They are asking the trees to go into existing planters without new planters being constructed. Linda Lee Grau , 24 Morning Dove, Irvine. She spoke in favor of the request. Mayor Daly closed the Public Hearing. Council Member Kring . Not only does the applicant have a contract with the provider of the phones, but also the area is surrounded by apartments and not everybody has a phone. The phones provide a service in case of emergency. She is concerned with taking public phones off the street. They could make them outgoing only but she would like that condition removed. Mayor Daly. He believes it is good land use planning not to have phones outside of the buildings. They are long overdue in requesting everyone to do that. If the Police Department were present, they would talk about some of the detrimental aspects of the phones. Jean Gross. Answering Council Member Feldhaus, she explained that the phones are attached to the building. Code Enforcement called her a year or two ago and said they did not want them on the sidewalk. Mayor Daly. Staff will be recommending against exterior public phones and he feels they have to try to stay as modern as possible. They may not be revisiting this site for 10, 15 or 20 years in the future. Staff has recommended common sense improvements to the site as a way of accommodating the convenience market that will be installed. There is a proliferation of convenience markets all over the City and they have been asked by residents to limit convenience markets although this one is not 32 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 proposing to have beer and wine. The improvements staff is recommending is a reasonable trade for the other items that are being introduced. ENVIRONMENTAL IMPACT REPORT – NEGATIVE DECLARATION : On motion by Council Member Tait, seconded by Council Member Kring, the City Council approved the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Council Member Tait offered a resolution granting CUP 4109 with the change in the hours as requested by the applicant and eliminating the condition relative to removal of the telephones. MOTION. Before further action was taken on the resolution, Council Member Tait moved that the condition relative to the ten trees remain. MOTION (amended) : Council Member Kring offered an amended motion that Planning staff work with the applicant relative to planting of the trees as previously discussed. City Attorney White. The amendment requires a second and then a vote on the amendment. Council Member Feldhaus seconded the amended motion. Mayor Daly. It is reasonable for the City to ask the owner to plant trees on the property especially since there are no shade trees on the property at this time. Council Member Tait stated, in order to simplify the matter , he is going to offer a Resolution approving the project just as the Planning Commission approved it; City Attorney White. The amendment that was offered does have a second which is to change the condition on the tree planting and it is still before the Council. Council Member Kring . She does not have a problem with the resolution as offered but feels that Planning needs to work with the applicant. Perhaps all ten trees do not have to be planted at one time so Ms. Gross would have some leeway to work with staff but not force her to plant all ten trees at the outset. City Attorney White. He recommended that Council Member Kring withdraw her motion on the trees and that the resolution be offered with an amendment to phase in the trees. Council Member Tait offered Resolution No. 99R-102 for adoption granting Conditional Use Permit 4109 with phasing in of the 10 trees to be planted, liquor store hours to be as requested by the applicant with the phones to remain as is. Refer to Resolution Book. RESOLUTION NO. 99R-102 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 4109. Before a vote was taken, Mayor Daly stated he will be opposing because he believes Planning staff has done the right thing in asking for the phones to be removed and the limited hours of operation, i.e. the conditions as stated in the Planning Commission action. These 30-year old centers should be made as attractive as possible. Roll Call Vote on Resolution No. 99R-102, for adoption: AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken 33 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 NOES: MAYOR/COUNCIL MEMBERS : Daly ABSENT: MAYOR/COUNCIL MEMBERS : None The Mayor declared Resolution No. 99R-102, duly passed and adopted. PUBLIC HEARING – ABANDONMENT NO. 99-8A : D4. 176: In accordance with application filed by the Foodmaker Inc., Travis Engineering, Agent, 12453 Lewis Street, #201, Garden Grove, CA 92840, a Public Hearing was held on the proposed abandonment of a certain easement of two thirty (30) foot areas of access rights located at 1101 North Magnolia. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News : May 6,1999 and May 13, 1999 Mailing to property owners within 300 feet : April 30, 1999 Posting of property : May 7, 1999 Council Member Tait . His engineering firm has done work for Food Maker in the past year and they may be financially benefited by this. He will, therefore , be abstaining from any discussion or decision on this matter. Natalie Meeks . The City acquired access rights for the location a number of years ago when a commercial property developed and this parcel was accessed by interior access from the overall commercial development. It is now being requested that they obtain driveways along LaPalma and Magnolia. Since the staff report was prepared and Public Hearing set, the access rights have been appraised at $76,226. The developer had previously agreed to pay the value for those access rights. Since the site was accessed via interior access previously, there was no need for any driveways immediately adjacent. The City did require the access rights to be dedicated. These are safe locations for these driveways so staff is recommending approval on the abandonment of the access rights. Mayor Daly opened the Public Hearing. Mr. Carl Hoy, Travis Engineering, representing Food Maker, stated he has had the pleasure and opportunity of working with Engineering and Real Property Staff on this issue and concurs with the staff recommendation and also agrees with the appraisal of $76,000. They respectfully request Council approval of the abandonment. Linda Lee Grau , 24 Morning Dove, Irvine. She is very much in favor. Mayor Daly closed the Public Hearing. ENVIRONMENTAL IMPACT REPORT – CATEGORICAL EXEMPTION : On motion by Mayor Daly, seconded by McCracken, the City Council determined that the proposed activity falls within the definition of Section 3.01 Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, Categorically Exempt from the requirements to file an EIR. Council Member Tait abstained. MOTION CARRIED. Mayor Daly offered Resolution No. 99R-103 for adoption. Refer to Resolution Book. RESOLUTION NO. 99R-103 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS ( ABANDONMENT NO. 99-8A). Roll Call Vote on Resolution No. 99R-103, for adoption: 34 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS : None ABSENT/ABSTAINED: MAYOR/COUNCIL MEMBERS : Tait The Mayor declared Resolution No. 99R-103, duly passed and adopted. PUBLIC HEARING - CEQA MITIGATED NEGATIVE DECLARATION D5. GENERAL PLAN AMENDMENT NO. 362 RECLASSIFICATION NO. 98-99-10 WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 4096 TENTATIVE PARCEL MAP NO. 98-234 SPECIMEN TREE REMOVAL PERMIT NO. 99-01 REQUEST FOR CITY COUNCIL REVIEW OF 2a, 2c, 2d, 2e, 2f and 2g OWNER: City of Anaheim (Redevelopment Agency), 201 South Anaheim Boulevard, 10th floor, Anaheim, CA 92805 County of Orange, Attn: Real Property Manager, PFRD Real Property, 300 North Flower Street , CA 92703 AGENT: Culbertson, Adams & Associates, Attn: Kevin Canning, 85 Argonaut, Suite 220, Aliso Viejo, CA 92656 LOCATION: 8200 East La Palma Avenue. Property is 16.27 acres located at the northwest corner of La Palma Avenue and Yorba Linda Boulevard. General Plan Amendment No. 362 - to amend the Land Use Element of the City of Anaheim General Plan to redesignate this property from the Hillside Low-Medium Density Residential and General Commercial land use designations to the Commercial Professional land use designation. Reclassification No. 98-99-10 - to reclassify this property from the RS-A-43 ,000(SC) Residential/Agricultural; Scenic Corridor Overlay) and the CL(SC) (Commercial, Limited; Scenic Corridor Overlay) Zones to the CO(SC) (Commercial, Office and Professional; Scenic Corridor Overlay) Zone. Conditional Use Permit No. 4096 - to permit a planned commercial office/light industrial center, including a semi-enclosed restaurant with sales of alcoholic beverages for on-premises consumption, with roof-mounted equipment and building heights in excess of 35 feet with waivers of (a) minimum parking lot landscaping – APPROVED, (b) permitted type of commercial identification sign – DENIED, (c) maximum area of commercial identification signs – DENIED, (d) minimum site area per lot – APPROVED, and (e) maximum structural height adjacent to a single-family residential zone - DENIED. Tentative Parcel Map No. 98-234 - to permit an 11-lot (including one lot for landscaping) subdivision for the development of a commercial office/light industrial complex. Specimen Tree Removal Permit No. 99-01 - to remove specimen Eucalyptus trees from this property with replacement at a ratio of two trees for every one tree removed. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended adoption of GPA NO. 362 (Exhibit A) to City Council ( PC99-67) (5 yes votes, 1 abstained, and 1 vacancy). Reclassification No. 98-99-10 GRANTED ( PC99-68). CUP NO. 4096 GRANTED, IN PART, approving waivers (a) and (d), and denying waivers (b), (c), and (e) ( PC99-69). Waiver of code requirement APPROVED, IN PART. Tentative Parcel Map No. 98-234 APPROVED. Specimen Tree Removal Permit No. 99-01 APPROVED. Approved request for City Council review of this project. Approved Mitigated Negative Declaration. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News : May 6, 1999 Mailing to property owners within 300 feet : May 6, 1999 35 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 Posting of property : May 7, 1999 See Staff Report to the Planning Commission dated April 26, 1999 which described the project in detail. (Also see Attachment A – Mitigation Monitoring Plan No. 107.) Mayor Daly outlined the Public Hearing process and then asked first to hear from the applicant. Mr. John Killen , Burnett -Polygon Development, 200 E. Baker, Costa Mesa. They are currently processing the purchase and development of the 12-acre Shorb Well property and a purchase of the adjoining four-acre County of Orange parcel to the west. Within the 16-acre site, they have worked with staff and neighboring property owners to plan a 231,000 square foot multi-tenant and single-tenant office technology park. They have dealt with a number of issues on the property including density, traffic, planning and architectural design and marketable uses which are compatible with surrounding property owners. Representatives of the Anaheim Highlands Homeowners group have made their concerns known to them in six private design meetings and two public hearings (before the Planning Commission). Traffic has been an understandable concern as Jenifer is the only access point for their property. (He was working from posted maps and graphics.) The proximity of their project and access has been examined and modified as a result of the neighbor’s input over the last eight to ten months. They have been very attentive to the traffic issue and are satisfied with staff’s recommendations and with their engineer’s input. They have agreed to a number of conditions : a signalized intersection at the main entry to the project ( LaPalma and the project entry) and driveway access at that juncture serving the westerly portion of the site. Just today they spoke with John Lower, the City’s Traffic and Transportation Manager and agreed to an additional mitigation which would be an approximate 60’ deceleration lane approaching that access. At the Planning Commission, they agreed to a right-in only access as opposed to a right-in, right-out. The main concern was the impact at the intersection of Jenifer. They have also provided a pedestrian access at the project entry at the request of the homeowners from the residential area along the north side of La Palma and a crossing at the intersection. They have also agreed to a U-Turn pocket which he briefed. They discussed other mitigation’s but with the Traffic Engineer’s input on both sides, there were no other clear nexus issues or impacts that were defined as a result of the analysis done on their project. The current approved project is a retail center. The number of trips planned for that project and approved was over 10,000 trips. Their project actually reduces those to approximately 3,900 trips. Beyond that, there is a cumulative impact potentially at the Weir Canyon and La Palma intersection. They have agreed to pay for the cost of engineering plans for a complete redesign of that intersection and have made that a condition of their first phase. He then spoke to quality issues of the project , the consensus being this is a special place. They are aware that they have to take into consideration what the residents have to look at on a day-to-day basis. They did a redesign on the architecture which brought it into a softer style architecture which he described. Their attempt was to integrate the architecture and bring it into line with something more in scale. The open public/private process has resulted in a better project. They originally conceived a project that was very market driven. This bridges the gap – it is a quality project, meets market demand, and fits better into its place and is an overall better project. Phil Martin, Culbertson , Adams and Associates, 85 Argonaut, Aliso Viejo, Planning and Environmental Consultant. The Planning Commission requested that they work with the residents to incorporate some of their issues and concerns with their previous plan. Some of the issues they addressed – they lowered the pad elevations, moved three of the buildings further away from some of the residential units (initially a 40’ setback moved to 70, 90 and 100’) with increased landscaping, and revised some of the on-site circulation. They also made some traffic improvements – a U-Turn at the main project entrance, a second ingress/egress access point westerly of the main access, a right-turn in only along with the deceleration lane that staff asked for today. They have also agreed to ground-mount the air conditioning unit for those buildings closest to the residents. They came back to the Planning Commission with the 36 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 revised site plan reflecting some of the changes and there were some additional concerns the residents had that they tried to address. They tried to incorporate as many of their concerns as possible, but not all. Based upon their second meeting at the Planning Commission, they did get a unanimous approval by the Commission. This is another project that Burnett-Polygon is pleased to present. It will be a developer-owned and operated project. They would like to have the opportunity to come back at the end of the hearing to answer any questions/concerns. He confirmed for the Mayor that they concur with all the conditions of the Planning Commission but would like to clarify on the parcel map it is 13 lots instead of 11. Mayor Daly. He noted somewhere in the staff report that the CC&R’s for the project will be crafted in consultation with the adjacent neighbors; Rob Zur Schmiede, Redevelopment and Property Services Manager. At the Planning Commission hearing, the developer volunteered to have the CC&R’s reviewed and commented upon by the neighborhood. In addition, the CO zone, which is the proposed zoning classification, allows for certain R&D uses. One of the conditions of approval was that any chemical uses and the precise language for those types of uses would come back to the Planning Commission as a report and recommendation. Mayor Daly then asked to hear from those in favor of the project; there being none, he asked to hear from those in opposition or who have questions/comments/concerns regarding the proposal. The following people spoke; their comments are summarized. Also see Outline of Presentations by Concerned Anaheim Highlands Homeowners Regarding Proposed Burnett Polygon Project – 8200 E. LaPalma which was submitted by the first speaker which outlined/summarized each of the presentations given, all of which were incorporated as part of the presentation and made a part of the record. (For further reference, also see minutes of the previous Planning Commission hearings March 1, April 12 and the last hearing on April 26, 1999 where the proposal was approved by the Planning Commission and where input was given by several of those speaking again today – John Killen , Carol Appelt , Raquel Premo-Quast , Bob Koch, John VanDell . Numerous letters were also submitted by concerned residents). Raquel Premo-Quast , 8180 E. Woodsboro , Anaheim. (See submittal – Reduce the Elevation of the Proposed Project). Although their neighborhood is small, 63 homes, the project will impact the other 805 families that border Yorba Regional Park. (She asked all the residents present in opposition to stand – approximately 30 people were present at this time). Burnett-Polygon has worked with representatives from the neighborhood to make changes to the project but they feel that many serious issues still remain. Their homes are elevated above LaPalma Ave. The buildings will dominate 90% of what they see. Present plans have not reduced the project to its lowest possible elevation using sound engineering practices. A team of experts agree the site can be lowered. Reducing the project by 3’ would make a difference to the residents. Engineering options are – use of slopes or small retaining walls, sheer crib wall tiered in two walls, use of Portland cement in some areas. They request that the Council require lowering of the elevation as per Mitigation Monitoring Plan #107, request an independent written third- party opinion by a Civil Engineer as to the feasibility of reducing the elevation, no allowance for a 1 ½ ‘ deviation in final grading pad elevation. (See Item 40, page 12 of the staff report.) There should be no reason for a 1 ½’ deviation in the pad elevation on every pad. Mayor Daly interjected and asked staff to respond relative to the suggestion that the project could be 3’ or more lower than proposed. Natalie Meeks , Civil Engineer, Public Works. It is possible to lower portions of the site. VanDell & Associates made a presentation to the Planning Commission. It would require some extraordinary construction practices – in some areas, it would require concrete paving in the parking areas rather than asphalt. Also there would be the additional height of retaining walls and crib walls on the site. It is not technically impossible to lower portions of the site. Relative to the 1.5’ deviation, it would allow that deviation from the pad elevations shown on the tentative map. Staff would be in agreement to eliminating the 1.5’ deviation requiring the developer to meet the pad elevations actually shown. Answering Council Member Tait, she explained that staff review was that the project was designed in the 37 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 lowest practical method using standard construction with asphalt paving in the parking areas. The pad elevations are consistent with the adjacent residential properties. The project was appropriately designed. The entire hydrology for the site has not yet been completed. They are in an area where the lowering may require pumping water in certain portions of the site. John VanDell , VanDell & Associates. In order for the site to drain out, they need to have positive drainage from the rear out to the entry way. They currently have 1% grades which is the minimum standard for asphalt. Working from the posted graphics/plans, he pointed to where the only opportunity exists for lowering the current plan while meeting the City standard for asphalt which would then increase the size of one of the retaining walls (which he also pointed to). After a further explanation of things that would need to be done, he concluded that it is technically possible. Stefanie Perry, 5949 Avenida Arbol , Anaheim, representing Concerned Citizens of the Canyon. This issue will greatly affect the Anaheim Hills area requiring a zoning change to one fourth of the property and several amendments to the Scenic Corridor. These changes are becoming far too frequent. She urged that they stop the over development in the hills now and save a lot of time, effort and money years down the road. Keep Anaheim Hills beautiful instead of making it beautiful again in 20 years. This project is not appropriate for a residential neighborhood. She respectfully requested denial of the project in its entirety. Jan Sinamon , 8170 E. Woodsboro , Anaheim. Her presentation covered – Building Heights in Excess of 35 ft. – Decrease Building #7 to One Story (see submittal) which included the following : deny waiver for building heights in excess of 35 ft. ( bldgs. 4, 7, 10, 12, 13 and 17 which constitute 50% of the total square footage of the project), the buildings are adjacent to family homes in the scenic corridor and the residents do not have the luxury of a street to divide them from the project, their present view is of a park, trees and hills, the starting elevation of building 12 is 20’ above their homes making it even higher (at 55 ft.) from their vantage, building 7 needs to be decreased from two stories to one story especially relative to privacy and safety, three issues the buildings present are, legal issues, scenic corridor zoning issues and human/ethical issues. The legal, ethical and fiscal aspects of this project need to be worked out. She respectfully requests that the Council address each of those issues before allowing the project to continue. Tracy Sinamon (14 years old), 8170 E. Woodsboro , Anaheim. She addressed safety concerns and mitigation measures – construction of a six-foot noise wall, a 20’ landscape buffer, small berm/hill, build a sound wall on top of the berm, separate the homes from the project. She respectfully requests requiring the developer to address their concerns and allow them to feel safe in their community again. Ben Parikh , 8176 Woodsboro , Anaheim. (See submittal). He spoke on the following issues – the Original Level of R&D Uses and the Height of One-Story Office Buildings. He addressed the following: R&D Uses - the new plan incorporates a reduction in R&D use and an increase in office use (see staff report of 3/1/99, item 17, and report of 4/12/99, item 10), in the new plan, R&D uses have been increased by 12,385 sq. ft. and office space respectively reduced, R&D uses are in 10 of 18 bldgs . compared to the orignal plan 5 of 18 bldg. Height of One-Story Office Buildings – one-story buildings are 24’ tall, typical one-story buildings in the area are 18’ tall, most single-story buildings in SAVI Ranch project are 18’ tall. The request is that the Council require R&D uses be reduced to the original level of 10% of the project to maintain a pollutant-free environment and require all one-story office buildings be reduced to 18’ tall to maintain the scenic-corridor environment. Carolyn Appelt , 8137 E. Woodsboro , Anaheim. (See submittal). She spoke on Traffic issues, some of which were as follows: homeowners disagree with the Staff Report that all traffic issues have been mitigated (project will generate 3,900 additional trips at “D” rated intersections), request for an update to the traffic study to include Friday counts, Mitigation Monitoring Plan requires developer to design intersection improvements, new signal at project entrance will create increased congestion, signal synchronization, etc. In concluding, she respectfully requested the Council to take the following actions: 38 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 (1 ) Require the construction of street improvements to eastbound LaPalma. (2) Require Burnett- Polygon to reduce the overall project density of another means to mitigate increased traffic. (3) Require an independent traffic study based on challenges discussed in an analysis of the traffic study provided by the developer. (Copy of report submitted to John Lower, Traffic and Transportation Manager and also submitted for the record – see Report dated 5/18/99 from Joe Kung – Re: Comments to 3/29/99 Supplemental Traffic Analysis Letter Report of LaPalma Business Center by Linscoot, Law & Greenspan). Sharon Lazzaro , 8136 Woodsboro , Anaheim. (See submittal). She would like to address the only access route to their homes which is located at the corner of Jenifer and LaPalma Avenue as shown in photograph #1 of the four photographs submitted (made a part of the record). Working from the photographs submitted she addressed/requested the following : Eliminate the Second Ingress – located 250 ft. from Jenifer (4 seconds travel time), affects egress from their homes, would serve only a small portion of the project and is not needed. Install a Signal at Jenifer – provides safety to ingress/egress from their homes. The proposal of creating a deceleration lane for the ingress was raised during their previous discussion with the developer and their own traffic consultant reviewed it as unsafe. They remain opposed to the second ingress. She further commented on the consultant’s traffic study. Council decision on this issue will impact their safety. Robert Koch, 8124 E. Woodsboro , Anaheim. (See submittal). He has four major points and he will then conclude the presentation of the neighbors. He addressed the following issues, concerns and requests : All AC (air conditioning) units must be ground mounted (see recommendation in 4/12/99 staff report, item 28). Project remains too dense compared to the surrounding land use – floor-to-area ration of the project is nearly 30%. Developers have never compromised on the issue of project density and should be required to do so. Residents request that the City do an economic study of the value of the land being used and also that an EIR be performed to determine the broad environmental impact of the project. Previous EIR was done in 1991 , Mitigation Monitoring Plan No. 107 does not evaluate mitigation of the impact of the project. Traffic safety is an unmitigated issue that should be part of a new EIR. In conclusion : It should be clear they do not oppose the project in general, only in its present form. There are many valid concerns that have not been mitigated by the current plan. The Council must provide the impetus for these changes to be made either by denying the project as proposed or, because many issues remain where compromises can be reached and because they can work well with Burnett - Polygon, grant a 60-day continuance to require that a new EIR be submitted, to have an updated independent traffic study done, allow an independent analysis of the elevation issue(s), require Burnett Polygon to meet with the residents and respond to the many issues they have presented tonight. He then clarified for the Mayor that they believe the density of the project is too high, there is concern with building height waivers and the very large size of the building on the corner along with the other issues/concerns outlined. He emphasized/reiterated they feel it is very important that the Council grant a continuance and create the impetus for their ( Burnett-Polygon) making further compromises. Linda Lee Grau , 24 Morning Dove, Anaheim. This government project should be turned down flatly by the Council. Mayor Daly asked for a summation by the applicant. Rebuttal/Summation by Applicant (summarized – major points) : John Killen. Their motivation is to get the site as low as possible and matches the motivation of the homeowners. Relative to the 7’ elevation of the restaurant pad, it is 7’ right at the opening of the driveway, but 150’ to the east as the road continues to ramp up, it is actually 3’ below (grade). Regarding building height, the only variation is to building 12. No other buildings exceed the height. Regarding traffic, their Traffic Engineer does not have a vested interest in creating an unsafe condition. Referring to the report submitted, he noted that Mr. Kung is not a traffic engineer. With regard to density, he would be interested to find out who the independent consultant was who stated that a 32% coverage on the project was excessive. Typically on a flat site where they do not have 25% landscaping and loss to slope banks, their densities are far in excess of 40-45%. Regarding declining property values, there is no loss of property values from this 39 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 project. Finally, there is no correlation between elevation and grade and density. The elevations have to do with the vertical height of the project, and the density has to do with the size of the buildings. He does not know where that comment came from. He then asked Mr. Martin to address the issues of the EIR. Council Member Kring first posed questions relative to traffic signal synchronization (SCOOT System) and who is going to pay for the monitoring system ; John Lower, Traffic and Transportation Manager. The City has an annual budget allocation for traffic signal maintenance and it would be staff responsibility to maintain the signal timing software. He confirmed the biggest expense would be installing the system in the first place. He also explained that, relative to the signal at Jenifer, that street is located about 600’ from the proposed project’s signalized driveway and too close to give consideration to a traffic signal. Secondly, it would not meet the minimum State warrants for a traffic signal. Another point he would like to make relative to the intersection of Yorba Linda Boulevard and LaPalma and the improvement being designed by the project, there is approximately $300,000 in traffic impact fees from the project which will be put towards that improvement. They have a Measure M Growth Management allocation of additional funding so the City can proceed with that as a special project. As a result of additional questioning by Council Member Kring relative to the R&D buildings and possible hazards to health and safety, Mr. Killen “walked” her through the plan and also briefed distances of the buildings to the residents homes/property lines as well as addressing other issues. After further extensive discussion questioning of Mr. Killen wherein he clarified a number of the issues broached (line-of-sight, traffic, etc.,) he concluded stating, as discussed earlier with the homeowners, they are going to be at the property grading and building. It is going to be an ongoing process. They have not shut their doors but continue to have open dialogue. They will continue to work with the homeowners on a day-to-day basis. He is concerned about the reversal on a couple of positions. He reiterated the door is open. They have an interest in moving forward with the project in the next couple of weeks and want to keep an open dialogue. He asked Mr. Martin to address the EIR question. Phil Martin. There was a subsequent EIR certified on this project in 1999. As encouraged by CEQA, to reduce and minimize subsequent overlapping environmental documentation, CEQA guidelines encourage tiering off of subsequent documents that have been certified. That is the reason they did an expanded initial study and Mitigated Negative Declaration and submitted it to the Planning staff for review which they reviewed and approved. It was also circulated for the 30-day review period. He then answered questions posed by Council Member Kring relative to mitigation measures to control dirt/dust/particles from becoming airborne. Mr. Koch then approached the podium to answer/rebut some of the questions that arose during the summation presentations revolving around line-of-sight issues, traffic (ingress/egress issues), building heights, etc. John Lower and Joel Fick, Planning Director gave input during the questioning. Mr. Fick noted that relative to building height(s), the applicant tonight, with the exception of Building 12, did stipulate to all of the buildings being less than 35’ with the exception of the architectural projection of the stone. Mayor Daly closed the Public Hearing. Discussion and questioning followed by Council Members. Council Member McCracken, noting that the residents have asked for a continuance, asked staff if they felt there was any way any of the issues broached could be improved with some additional meetings. Rob Zur Schmiede. Mr. Killen gave an idea of the number of meetings that have been held. He ( Zur Schmiede) believes both sides have met and talked about the issues in good faith. He does not think there would be a lot more that would come out in another series of meetings; Council Member McCracken. Since some of the issues about lowering the elevations depends on the drainage and the hydrology report, perhaps that kind of information might make a difference and some of the issues could be dealt with. 40 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 Rob Zur Schmiede. Whatever the final floor elevations, how low they can go is still a “work-in-progress”. The developer is trying to go as low as possible. To say something would come out of additional dialogue, he could not say. Mayor Daly referred to Mr. Koch’s letter of May 12, 1999, point 7, which indicates there was a failure to include a threshold starting time for outdoor maintenance. The Planning Commission limited outdoor maintenance to nothing after 8:00 P.M. The neighbors are also requesting that be the case before 7:00 A.M. as well ; Joel Fick. He believes that would be precluded by the City’s ordinance (no maintenance before 7:00 A.M.) but Condition No. 39 could be amended to incorporate that as well. Council Member Kring asked if that would incorporate the restaurant that it is to be built, i.e., closing at 8:00 P.M.; Joel Fick. Condition 39 specifically deal with the office light industrial complex hours of operation. Council Member Tait . The overriding issue seems to be the elevation issue. He feels the residents are being reasonable. Someone suggested a second opinion from an independent Civil Engineer to look at the practicality (of lowering the site) and he believes that might be a valuable exercise. Possibly a 30- day continuance to go through the issue (feasibility and costs) with a third party would be in order so that the residents are comfortable. It would go a long way and also convince him that they cannot go lower. He would like to see a second opinion although he is aware that Mr. VanDell has a very good reputation. He confirmed for the Mayor that the primary focus would be on the elevation to have it looked at by a third party engineer. He would also like to see further meetings on the other issues to see if there is more movement or compromise. Mayor Daly. He will not oppose a continuance. He does believe this is a very high quality project. The developer has an excellent track record. They are using high-quality building materials and the quality design details have generally been met. The Planning Commission and City staff is comfortable with the project. He is very close to being able to support the project and does believe it will be of benefit to the area. It is certainly a far better project than many of the alternatives suggested in the past, which could bring in more money for the City. The City has an obligation to make the most money off this project because all the taxpayers own the land. At the same time, they have an obligation to the neighbors to try to accomplish the best project they can. He reiterated , he is comfortable with the proposed project but if there is to be any gain in a continuance, he is for that also. The statement that rang out loudly was the statement by Mr. Koch that the neighbors do not oppose the project in general, but would like the opportunity to have the elevations evaluated again. Rob Zur Schmiede. They are currently scheduled to close escrow with the developer in mid-June. With this continuance and the requirements that they have to obtain construction financing on the project, it would be likely that the closing would be extended. They would ask for it and staff would recommend that be approved. John Killen . With due respect, he does not think they are going to see a dramatic difference on a conceptual basis to what they presented today and what they are going to see in 30 days. Additionally, they were asked to do the same thing at the continuance of the first Planning Commission hearing. At that point, they went back and revisited the grade. They have had a peer review of the grading plan. They have had a grading contractor look at the grading plan. That is a second peer review. City Staff has looked at it. Their engineers looked at it. It has been looked at five times. Natalie Meeks . A suggestion on how they might be able to move this forward, the City has a couple of engineering consultants under contract that they use for plan checking. If it would be agreeable to the Council and the residents to use one of those consultants, since they are under contract the process could be accomplished rather quickly. 41 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, MAY 18, 1999 Mr. Killen . He would respect Council’s wishes on the continuance if he thought it was going to make any difference. It will just be a delay. At least he would like to see action on the items that they have presented that they can agree upon. He feels they need to come away tonight with a sense they have some agreement on the direction of the project. He respectfully asks the Council to reconsider the request (on the grading.) They will continue to work to refine and bring down the grades. Natalie Meeks , addressing a question by Council Member Kring as a result of additional input by Mr. Koch, stated she has spoken to Melanie Adams, Associate Engineer and she did mean that relative to dropping the elevation further, it is not technically impossible to do so but requires extraordinary construction methods and impacts to the site. MOTION. Council Member Tait moved to continue the Public Hearing for 30 days to ascertain the answer to the questions relative to lowering the elevation(s) further to be evaluated by a third party. Council Member McCracken seconded the motion. Before a vote was taken, Mayor Daly stated the Council might consider approving the project as presented and concurrently asking the staff to give the elevations one more evaluation. This is just an alternative approach because so much time and effort has already been expended on the project. What it is coming down to is the cost. At some point, his concern is the City will pay the extra cost or the potential is there for that to happen. He feels this is either a private sector project or it is not. City Clerk Sohl noted that the date would be June 15, 1999. A vote was then taken on the motion of continuance to June 15, 1999. MOTION CARRIED. (Before concluding, the Council reconvened as the Redevelopment Agency to consider Agency Item 2 which was trailed until after consideration of Item D5 above. The Agency, upon motion by Chairman Daly, seconded by Agency Member Kring, continued the item, also involving the proposed development on the Shorb Wells property, to June 15, 1999.) REPORT ON CLOSED SESSION ACTIONS: C2. City Attorney Jack White stated that there are no actions to report. COUNCIL COMMENTS: C3. Council Member Feldhaus : He asked, once again, that a personnel matter be agendized for Closed Session at the next meeting, re: City Manager. ADJOURNMENT: By general Council consent, the City Council Meeting of May 18, 1999 was adjourned (1:53 A.M., May 19, 1999). LEONORA N. SOHL CITY CLERK 42