2009/04/28ANAHEIM CITY COUNCIL
REGULAR MEETING
OF APRIL 28, 2009
The regular meeting of April 28, 2009 was called to order at 3:00 P.M. and adjourned to 4:00
P.M. for lack of a quorum. Mayor Curt Pringle called the adjourned regular meeting to order
at 4:11 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard.
A copy of the agenda was posted on April 24, 2009 on the kiosk outside City Hall.
PRESENT: Mayor Curt Pringle and Council Members: Bob Hernandez, Lucille Kring and
Harry Sidhu. Excused Absence: Council Member Lorri Galloway.
STAFF PRESENT: City Manager Dave Morgan, City Attorney Cristina Talley, and City Clerk
Linda Andal.
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
Mayor Pringle recessed to closed session for consideration of the following items:
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
-Name of case: Priceline.com Inc. et. al v. City of Anaheim et. al, Orange County
Superior Court, Case No. 30-2009 00244120 and related cases.
2. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT
CODE SECTION 54957.6:
Agency designated representative: Kristine Ridge
Name of employee organizations: Anaheim Police Association; Anaheim Municipal
Employees' Association, General and Clerical Units; Service Employees International
Union, Local 1877; Anaheim Fire Association, Local 2899; Teamsters, Local 952;
International Brotherhood of Electrical Workers, Local 47; Anaheim Municipal
Employees' Association, Part-Time Employees; International Brotherhood of
Electrical Workers, Part-Time Customer Service Employees.
At 5:11 P.M., City Council returned from closed session.
Invocation: Pastor Lance Pittluck, Vineyard of Anaheim
Flag Salute: Council Member Lucille Kring
Acceptance of Other Recognitions (To be presented at a later date):
Proclaiming May 4, 2009, as Meals on Wheels Day in Anaheim
City Council Minutes of April 28, 2009
Page 2 of 11
Recognizing Saint John the Baptist Greek Orthodox Church -Andrea
Manus thanked Council for recognizing the church and invited the community to attend the
May 14-17th Greek festival.
Proclaiming May 17 - 23, 2009, as National Public Works Week
Proclaiming May 2009 as Water Awareness Month - Jan Roosevelt, Business and
Community Programs Manager, ,accepted the proclamation announcing a number of
activities promoting water conservation during the month of May were detailed on the City's
website.
Proclaiming May 9-17, 2009 as Travel & Tourism Week
Recognizing Carol Todd, Marilyn Lee and Sharon St. Clair on their
retirement from the Magnolia School District
At 5:18 P.M., Mayor Pringle called to order the Anaheim Redevelopment Agency and
Anaheim Housing Authority (in a joint public comment session with the Anaheim City
Council).
ADDITIONS/DELETIONS TO THE AGENDAS: None
PUBLIC COMMENTS (all items except public hearings):
Ryan Armstrong, Orange County Transportation Agency (OCTA) web developer, presented
a video which demonstrated and highlighted key features of the OCTA website offering full
access to detailed information regarding all Measure M projects, as well as projects funded
by the federal Economic Recovery Act. He explained this web portal had been designed to
insure transparency in government and accountability for projects funded by the renewed
Measure M'/2 cent sales tax and the federal stimulus dollars.
Anna Lisa Biason, Legal Aid Society of Orange County, acknowledged the City's long-
standing support of their organization. Addressing Item No. 14 related to homeless
prevention programs, she urged Council to consider funding subgrantees, such as non-profit
organizations beyond those currently operating in the City. She stated Legal Aid had an
active homeless outreach program and years of experience helping landlords and tenants
address housing issues.
Dr. Wayne Palmer, Clean City, referencing Item No. 33, supported this ordinance to reduce
blight through removal of used car inventories for sale on the City's arterials. He added
Clean City believed it was important to consider penalties for noncompliance under this new
ordinance to stop the problem.
Ed Waite, resident, also spoke in support of Item No. 33, and submitted a petition from
apartment residents stating that the "cars for sale" block the apartment driveway and take up
visitor parking spaces. He remarked he had been calling Code Enforcement regularly on
this issue. Mayor Pringle pointed out State law had changed and cities could not stop the
sale of vehicles on streets and that he felt the proposed ordinance offered in Item No. 33
would not have a real impact on the situation.
At 5:30 P.M., Mayor Pringle recessed the Council meeting to consider the Redevelopment
Agency and Housing Authority agenda, reconvening Council agenda at 5:32 P.M.
City Council Minutes of April 28, 2009
Page 3 of 11
CONSENT CALENDAR: Council Member Kring removed Item No. 33 for further discussion,
and Council Member Hernandez removed Item No's 11 and 14. Council Member Sidhu
waived reading in full of all ordinances and resolutions on the balance of the consent
calendar and moved to adopt the consent calendar in accordance with the reports,
certifications and recommendations furnished each council member and as listed on the
Consent Calendar, seconded by Council Member Hernandez. Roll Call Vote: Ayes - 4:
Mayor Pringle and Council Members: Hernandez, Kring and Sidhu. Noes - 0. Excused
Absence - 1: Council Member Galloway. Motion Carried.
5. Receive and file minutes of the Budget Advisory Commission meeting of March 18,
B105 2009.
6. Review the need for continuing the local emergency heretofore proclaimed by the
D175 Director of Emergency Services as ratified by previous action of the City Council
concerning land movement and property damage in the vicinity of 357, 365 and 373
Ramsgate Drive and the Hidden Grove Lane/Fox Glen Drive area in the City of
Anaheim, and, by motion, determine that the need for continuing the local emergency
exists.
7. Reappoint Michael Adams to the Anaheim Workforce Investment Board, representing
B105 business, to an unexpired term ending June 30, 2009.
8. Approve the Investment Portfolio Report for March 2009.
D117
9. Accept the lowest responsive bid and approve an agreement with Marina Landscape,
2728.1 Inc., in an amount not to exceed $903,256, for outdoor cleaning services for the
Anaheim Resort area for atwo-year period, with three one-year optional renewals
and authorize the Purchasing Agent to exercise the renewal options, in accordance
with Bid #7249.
10. Accept the low bid of Rey-Crest Roofing & Waterproofing Company, in an amount not
D180 to exceed $125,000, for roofing services for Fire Station No. 1, in accordance with Bid
#7248.
12. Waive the sealed bidding requirements of Council Policy 4.0 and authorize the
D180 Purchasing Agent to issue a master agreement to Siemens Building Technologies
Inc., in the amount of $34,583, for technical support for the Siemens automated
HVAC control system at the Anaheim Convention Center for a one year period, with
four one-year optional renewals.
13. Waive Council Policy 4.0 and authorize the purchase of software licenses, upgrades,
D180 and support services from Laserfiche for enterprise records management, retention
and retrieval of City records and authorize the Purchasing Agent to issue the
necessary purchase orders and annual maintenance agreements to support the
records management system for all City departments.
15. Approve the Right-of-Entry Agreement with Satellite Mobile Home Park and
5680 Plantation Mobile Home Park for properties located at 1844 South Haster Street and
1835 South Manchester Avenue for the Gene Autry Way (West)/I-5 Freeway Highway
and HOV Interchange Project (R/WACQ 2003-00154 and 2003-00155).
City Council Minutes of April 28, 2009
Page 4 of 11
16. Approve the cooperative agreement with the City of Stanton for the construction of
5681 the Magnolia Avenue Pavement Rehabilitation Project from the south City limits of the
City of Anaheim to 915 feet north of Ball Road.
17. Approve the City Aid Program Funding Agreement, as required, with the County of
5074.A Orange, for participation in Proposition 42 program funding for fiscal year 2009/10.
18. Approve the First Amendment to Agreement with Orrick, Herrington & Sutcliffe, LLP
4074.1 to increase the maximum compensation to $215,000, for attorney services.
19. Approve the Agreement for Acquisition of Mobile Home and Improvements with
5683 Plantation Mobile Estates, in the acquisition payment amount of $11,300, for one
mobile home located at 1835 South Manchester Avenue, Space 27, for the Gene
Autry Way (West)/I-5 Freeway Highway and HOV Interchange Project.
20. Approve the Agreement for Acquisition of Tenant-Seller's Interest of Real_Property
5684 with Manu J. Patel and Sonal M. Patel, in the amount of $210,000, for property
located at 2181 West Katella Avenue, Suite A, for the Katella Avenue Smart Street
Project -Humor Drive to Jean Street (R/W ACQ2005-00241).
21. Approve and authorize the City Manager to execute a Subrecipient Agreement with
4916.B the North Orange County Regional Occupational Program, in the amount of
$500,930, to implement a youth development program through June 30, 2010,
22. Approve and authorize the City Manager to execute Amendment No. 1 to Temporary
4378.A.1 Assistance to Needy Families Vendor Agreement with Medtech Educational Services,
increasing the subgrant amount from $100,000 to $125,000, for services rendered
through June 30, 2009.
23. Approve and authorize the Public Utilities General Manager, to execute the First
5610.1 Amendment to Agreement with Power MC LLC, increasing the not-to-exceed amount
by $356,700 for snot-to-exceed amount of $452,640, to allow for an expanded scope
of work resulting from the need for additional analysis and business process and
system enhancements related to the recently implemented market redesign and
technology upgrade by the California Independent System Operator.
24. Approve aten-year Waste Disposal Agreement with the County of Orange, effective
5658.A July 1, 2010, at a disposal rate of $29.95 per ton to be adjusted annually.
25. RESOLUTION NO. 2009-069 A RESOLUTION OF THE CITY COUNCIL OF
C410 THE CITY OF ANAHEIM amending Resolution 2009-053, nunc pro tunc, relating to
the approval of General Plan Amendment No. 2008-00470.
26. RESOLUTION NO. 2009-070 A RESOLUTION OF THE CITY COUNCIL OF
D175 THE CITY OF ANAHEIM for Caltrans I-5 offramp temporary closure (June 14, 2009;
southbound offramp at Disney Way for the 2009 Trek Women's Duathlon Series).
27. RESOLUTION NO. 2009-071 A RESOLUTION OF THE CITY COUNCIL OF
D175 THE CITY OF ANAHEIM designating the north side of Broadway from Trojan Street
to 500 feet east of Trojan Street as "Permit Parking Only" street within Permit-Eligible
Parking District No. 2 (Permit Parking Area No. 1).
City Council Minutes of April 28, 2009
Page 5 of 11
28. RESOLUTION NO. 2009-072 A RESOLUTION OF THE CITY COUNCIL OF
P124 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim
certain real properties or interests therein (City Deed Nos. 11280, 11283-11286).
29. RESOLUTION NO. 2009-073 A RESOLUTION OF THE CITY COUNCIL OF
D175 THE CITY OF ANAHEIM dedicating certain city-owned property in the City of
Anaheim for road and public utility purposes (northeast corner of Weir Canyon Road
and La Palma Avenue).
30. RESOLUTION NO. 2009-074 A RESOLUTION OF THE CITY COUNCIL OF
D129 THE CITY OF ANAHEIM authorizing submittal of an application for and acceptance of
a grant from the California Integrated Waste Management Board for a Used Oil and
Household Hazardous Waste Recycling Program for fiscal years 2009/2010 through
2014/2015 and authorizing the Fire Chief to take any and all actions necessary to
obtain the grant and implement the program.
Authorize an increase in revenue and expenditure appropriations by the amount of
said grant award, per year, for each of the fiscal years (2008/10 through 20014/15)
and authorize the_Finance Director to carry forward into future fiscal years any
unexpected appropriation related thereto.
31. ORDINANCE NO. 6142 (ADOPTION) AN ORDINANCE OF THE CITY OF
C280 ANAHEIM amending the Zoning Map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 2009-00228; 1750 and 1790 South
Douglass Road; Introduced at Council meeting of April 14, 2009, Item No. 29).
32. ORDINANCE NO. 6143 (INTRODUCTION) AN ORDINANCE OF THE CITY
M142 OF ANAHEIM amending Subsections .030 and .060 of Section 18.38.095 of Chapter
18.38 of Title 18 of the Anaheim Municipal Code relating to circus and carnival
permits.
34. Approve minutes of the Council meeting of April 14, 2009.
END OF CONSENT:
11. Award the contract to the lowest responsible bidder, R.J. Noble Company, in the
5770 amount of $2,361,629.19, for the Santa Ana Canyon Road street improvements from
Lakeview Avenue to Imperial Highway and authorize the Finance Director to execute
the Escrow Agreement pertaining to contract retentions.
Council Member Hernandez requested staff provide more details on this project as it would
impact many of the residents in the Santa Ana Canyon area. Natalie Meeks, Public Works
Director, stated the contract would be awarded within 30 to 60 days and tonight's action
would begin the process. Council Member Hernandez then moved to approve Item No.11,
seconded by Council Member Kring. Roll Call Vote: Ayes - 4: Mayor Pringle and Council
Members: Hernandez, Kring and Sidhu. Noes - 0. Excused Absence - 1: Council Member
Galloway. Motion Carried.
City Council Minutes of April 28, 2009
Page 6 of 11
14. Approve the FY 2008/09 Annual Action Plan Third Amendment for the Homelessness
D155 Prevention and Rapid Re- Housing Program funds, in the amount of $2,046,908, and
adjust funding accordingly.
Council Member Hernandez remarked he had removed this item from the consent calendar
to publicize the new federal program to interested agencies and requested a brief staff
report. Elisa Stipkovich, Community Development Director, explained the item addressed
part of the new federal stimulus package allocation to prevent homelessness and implement
rapid re- housing. This program was specifically geared to help people with stabilization,
relocation expenses, rental assistance and legal services. She explained an application
based on generic analyses of how funds could be used was submitted and if the award was
granted, staff would advertise for proposals from any nonprofit organizations to use any of
the funds in eligible areas with Council to approve final recommendations. She noted staff
was also considering programs currently operating in the City, such as the Family Justice
Center and others.
Council Member Hernandez moved to approve Item No.14, seconded by Council Member
Kring. Mayor Pringle emphasized, if funds were awarded, he would not support
augmentation of City staff to administer this program and encouraged the use of other
agencies for maximum value for this one -time revenue income. Roll Call Vote: Ayes 4:
Mayor Pringle and Council Members: Hernandez, Kring and Sidhu. Noes 0. Excused
Absence 1: Council Member Galloway. Motion Carried.
33. ORDINANCE NO. 6144 (INTRODUCTION) AN ORDINANCE OF THE CITY
OF ANAHEIM amending various sections of Title 18 of the Anaheim Municipal Code
C280 (Zoning Code Amendment No. 2008 00076; "Automotive -Car Sales, Retail or
Wholesale (Office Use Only)."
Council Member Kring was supportive of this ordinance, stating on street used car sales was
a significant problem for residents of the City and this ordinance would send a strong
message to those engaged in these types of business.
Mayor Pringle remarked he would not be supporting this ordinance as he felt it was
ineffective and would have little impact. The ordinance would require car dealers with office
space and no car lots to apply for a $5,000- $10,000 conditional use permit and he believed
dealers, because of that cost, would go unregistered and the activity would continue to take
place.
Council Member Kring moved to introduce the ordinance, seconded by Council Member
Hernandez. Council Member Hernandez requested an explanation as to how the ordinance
would prevent dealers from on- street sales. Ms. Vander Dussen responded that it was
hoped the threat of revocation of a conditional use permit would cause the dealers to
conform and that to the extent dealers worked without a conditional use permit, staff believed
the DMV would provide assistance. She added this ordinance would not address the
existing problem as the City had approximately 180 licensed dealers that would not be
required to get a conditional use permit, however, the ordinance would make it more difficult
for new dealers to come in and exacerbate the situation. Council Member Hernandez
indicated he would support the ordinance but would also request a report back on the
success or failure of the program at some time in the future.
City Council Minutes of April 28, 2009
Page7of11
Council Member Sidhu remarked this ordinance would create one more area of regulation
and he was concerned about staff time needed to monitor this on a daily basis. Ms. Vander
Dussen responded staff was currently monitoring and working with the DMV and this
ordinance would give them another enforcement tool.
Roll Call Vote: Ayes - 2: Council Members Kring and Hernandez. Noes - 2: Mayor Pringle
and Council Member Sidhu. Excused Absence - 1: Council Member Galloway. Although
the roll call reflected a tie vote, Mayor Pringle pointed out it only took one member of the
Council to introduce the ordinance which would now return for Council approval at the next
meeting.
PUBLIC HEARINGS:
35. This is public hearing to consider a resolution approving atax-exempt bond financing
D128 to be issued by the California Statewide Communities Development Authority to
benefit Kaiser Permanente.
RESOLUTION NO. 2009-075 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving atax-exempt bond financing to be issued by the
California Statewide Communities Development Authority to benefit Kaiser
Permanente
Bill Sweeney, Finance Director, reported this item was a public hearing to consider the
issuance of tax exempt securities on behalf of Kaiser Permanente. The purpose of the
hearing was to give the community and opportunity to speak for or against the use of tax
exempt financing for the project. The total not-to-exceed amount was $2.2 billion, of which a
not-to-exceed amount of $65 million would be allocated specifically to the Anaheim project.
He added Anaheim was one of nine cities conducting similar hearings statewide and the
authority and Kaiser Permanente were anxious to get this project underway.
Mayor Pro Tem Hernandez opened the public hearing for comments.
Mayor Pringle stated the City had used the same joint powers authority to finance the Tiger
Woods Learning Center and emphasized there would be no obligation by the City from this
action as the tax exempt bonds were fully backed by Kaiser Permanente. He remarked the
California Statewide Communities Development Authority (CSCDA) was sponsored by the
California State Association of Counties and the League of California Cities (LOCC) and
about 450 California local public agencies. Mayor Pringle posed several questions to the
CSCDA project manager, James Hamill. He confirmed there was a contractual requirement
in the joint powers agreement that bond proceeds from the sale of bonds would be paid to
the two entities involved and asked how Mr. Hamill could insure the bond proceed funds
would not be used for political purposes. Mr. Hamill remarked it was his understanding that
the LOCC separated these funds out from those used for political activities. Mayor Pringle
remarked that he supported the Kaiser project and the tax exempt financing but was
concerned the LOCC would use bond proceeds for political campaigns as detailed in an
Orange County Register expose. Mr. Hamill responded the City could specifically state in
the proposed resolution that any proceeds derived from this financing specific to Anaheim did
not go towards any political activities by LOCC. Mayor Pringle inquired and received
confirmation that the LOCC could be held to receipt of the bond proceeds into their
membership dues account which prohibited those monies from being used for political
City Council Minutes of April 28, 2009
Page 8 of 11
purposes. With that said he moved to approve RESOLUTION NO. 2009-075 OF THE CITY
OF ANAHEIM approving atax-exempt bond financing to be issued by the California
Statewide Communities Development Authority to benefit Kaiser Permanente modified to
include restrictions on bond proceeds going to the LOCC to insure funds could not be used
for political activities, seconded by Council Member Kring. Roll Call Vote: Ayes - 4: Mayor
Pringle and Council Members: Hernandez, Kring, and Sidhu. Noes - 0. Excused Absence -
1: Council Member Galloway.
36. CEQA CATEGORICAL EXEMPTION, CLASS 1 AND VARIANCE N0.2008-04759
C250 OWNER: Howard Knohl, 181 S. Cobblestone Lane, Anaheim, CA 92807
AGENT: Lane Curtis, 777 Peralta Hills Drive, Anaheim, CA 92807
LOCATION: 181 South Cobblestone Lane: Property consists of three separate
parcels under the same ownership with a combined area of 3 acres, having frontages
of 145 feet at the terminus of Cobblestone Lane and 125 feet on the north side of
Peralta Hills Drive, and a maximum depth of 569 feet.
Request to permit and retain a 7-foot high fence within the required front yard setback
where a 3-foot high fence is permitted, and to permit and retain a circular driveway in
the front yard that is not located in tandem with an enclosed garage.*
* The portion of this variance pertaining to the request to permit and retain a circular
driveway in the front yard that is not located in tandem with an enclosed garage has
been removed at the determination of staff that the variance is not necessary.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 2008-04759 Denied (Resolution No ZA2008-20)
(Appealed by Owner)
MOTION: P/S Deny Categorical Exemption, Class 1
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM denying Variance No. 2008-04759.
Council Member Kring reported she had been informed by the City Attorney that she had a
conflict on this issue because of an event hosted at her wine bar in the past 12 months and
excused herself from the hearing.
Mayor Pringle remarked he had asked for a full report from staff and that every member of
Council understood the issues and had visited the site.
Sheri Vander Dussen, Planning Director, announced the applicant had appealed the Zoning
Administrator's denial of a variance to allow an existing fence to exceed the permitted height
limit. The property was three acres with three separate lots functioning as one large estate
with the main entrance located on Cobblestone Lane and a secondary access on Peralta
Hills Drive, primarily used as a service entrance or for parking guest cars. She explained the
applicant had constructed a fence and gate along Peralta Hills Drive without benefit of
building permits which included an eight-foot high wall and two 12-foot high gates. The fence
was located on the property line along Peralta Hills Drive and 12 foot gates setback 12 feet
from the property line. A 10 foot wide planter with shrubs was located in front of the fence
within the public right-of-way.
City Council Minutes of April 28, 2009
Page 9 of 11
She noted since the parcel containing the wall and gates only had frontage on Peralta Hills
Drive, the code standard for frontyard setbacks applied which would permit three foot high
fences with four foot high pilasters when located within 20 feet of the property line. In
addition to the setback issue, she stated, the gates did not comply with engineering
standards which required gates to be setback a minimum of 20 feet from the public right-of-
way explaining the intent was to make sure cars could move off the right-of-way while waiting
for gates to open. Because the code only permits athree-foot high fence with four-foot high
pilasters in a front yard, the applicant requested a variance to allow the existing fence to
remain and in December of 2008, the Zoning Administrator denied the applicant's request to
permit the existing fence. This decision was then appealed by the applicant, Dr. Knohl who
believed the variance was warranted as the three-acre site had two street frontages unlike
other properties in his neighborhood and identified numerous homes with fence columns
rising well over three feet including the homes on either side of his property. She explained
many of the existing fences were constructed legally before 1999 when the City amended its
code to reduce the permitted fence height from six feet to three feet, due to concerns from
various neighborhood groups stating six foot fences created visual clutter.
She noted the department had received 17 letters in support of this request and 23 letters in
opposition, pointing out the supporters generally expressed that the fence and the driveway
enhanced the neighborhood while the opposition expressed incompatibility concerns with
other properties. She added the owner of the property at 616 S. Peralta Hills Drive, to the
west, submitted a survey report which indicated the cap on top of the column encroached
onto their property by five inches and if Council overturned the denial, this issue must be
addressed. She indicated staff recommended Council deny the requested variance but
should it be approved, had also provided a list of revised recommended conditions of
approval. Mayor Pringle requested the seven conditions be explained. Referencing the
condition requiring submittal of plans and obtaining permits for necessary drainage
improvements, Mayor Pringle asked if staff had inspected this area. Ms. Meeks responded
there was atwo-brick high curb along the end of the pavement preventing drainage into the
dirt area, which allowed water to deteriorate the asphalt in the street.
Mayor Pringle established perimeters for public comments.
Steve Sheldon, representing the applicant, provided background on the construction of the
fence and gates. He indicated the Knohl's had hired a contractor to build the gate, pilasters
and fence on their property and were not aware the contractor did not receive permits from
the City. After completion of the gate, the Peralta Hills Homeowner's Association gave the
applicant a beautification award for their entryway and fence and nearly a year later, the
Planning Department advised them the fence was too high. He submitted 120 letters of
support for this variance as well as a letter from the Knohl's attorney. He indicated the
Knohl's believed this fence fit in with the character and ambiance of the community pointing
out there were approximately 75 gates between six to 12 feet high in that area which
consisted of steep ravines and rolling hills which justified the finding for a variance. He
added the intent of the code was to have traffic view the property, and that the wrought iron
fence met the intent of the code.
Patrick Mahoney, neighbor, stated he had urged the Knohl's to improve their chain link fence
for years and that Dr. Knohl had shared the plans with several neighbors who thought the
proposed entryway was appropriate.
City Council Minutes of April 28, 2009
Page 10 of 11
Dr. Howard Knohl, applicant, remarked he had identified 41 homes in Peralta Hills with gates
and fences higher than his and not one of them had received a variance from the City. He
indicated when he filled in the ditch on this property, he put a 15 inch drain pipe underground
and connected it to his neighbors and in addition, put in six drains within the planter than
connected to the 15 inch pipe, as well as three drains along the street. He added the
drainage had been tested and there was no runoff beyond his property. He also indicated he
would be agreeable to modification if the drainage did not work.
Cynthia Wolcott, Palmieri & Tyler, representing Clyde and Joan Schlund, opposed the
variance, advising there were no special circumstances for which the strict application of
height restriction would cause the applicant undue hardship. She added the pilasters could
have easily been located 20 feet back and would not have prevented the property from being
used for charitable events nor would it detract from the beauty of the landscaped area. He
asked Council to deny the variance request and mandate the pilasters be moved to the 20
foot setback.
Tom Burger, architect, remarked the Schlunds had asked for his opinion on this issue. He
felt there were no circumstances which could justify a variance, and had the Knohl's applied
for a City building permit, the entryway would have been built to code and there would have
been no need of a variance.
With no other comments offered, Mayor Pringle closed the hearing asking Mr. Sheldon to
address the modified conditions placed on the variance by staff.
Steve Sheldon asked if the setback referred to in condition number three was a definitive 20
feet. Ms. Meeks responded that the condition referenced engineering Standard Detail No.
475 and referred to the site distance from the right-of-way to the gate to insure it did not
block access into the gate and that vehicles did not have to stop in the street when the gate
opened. Mr. Sheldon indicated there was concern over a definitive 20 feet versus staff's
subjective opinion. Ms. Meeks remarked that in this case where no sidewalks were in place,
some accommodation could be made for measuring from the edge of the pavement rather
than from the right-of-way line. Mr. Sheldon suggested ending Condition No. 3 by deleting
everything after Peralta Hills Drive and staff concurred.
Regarding Condition No. 4, Mr. Sheldon stated the Knohl's were willing to accept the
condition if a flow meter test proved the Knohl's solution to runoff did not work. Ms. Meeks
stated the department's concern was in having water running along the edge of the street
believing that the bricks on the property channeled water into the street as opposed to
allowing it to run into the planters. She added it was not a flow issue of the pipe but of
insuring the water drained to the pipe. Ms. Meeks added the existing drains also did not
appear to be traffic rated drains they were plastic and typically, drains within a traffic area
were steel to support the weight of traffic. She also stated the size and capacity of the drains
was an issue and staff had not inspected them to insure the drains could handle storms.
Mayor Pringle pointed out City Council should not be involved in arbitrating neighborhood
disputes and he was disappointed that these issues could not have been worked out by the
parties involved. With that said, he believed there was some uniqueness to the property as
the fence code regulations had been changed in this neighborhood and this parcel was
surrounded by properties with tall fences. He stated he was prepared to support the
variance and to address the conditions staff had placed on the variance. He indicated he
would support having the fence remain in its current location and that the issue of
City Council Minutes of April 28, 2009
Page 11 of 11
encroachment be addressed with an additional condition and moved to approve the variance
with the conditions he had outlined, seconded by Council Member Hernandez. Council
Member Hernandez suggested Council may want to consider modifying the fence heights in
the Peralta Hills Area and that a change to the code may encourage property enhancements.
Roll Call Vote: Ayes - 3: Mayor Pringle and Council Members: Hernandez and Sidhu. Noes
- 0. Abstention: 1 -Council Member Kring. Excused Absence: Council Member Galloway.
Motion Carried.
Ms. Vander Dussen indicated the resolution describing Council's actions would be
considered at the next City Council meeting.
Report on Closed Session Actions: None
Council Communications:
Council Member Hernandez commented on and announced the DECCA International Career
Development Conference to be held on April 29 through May 2, 2009.
Council Member Sidhu reported on the unemployment rates and announced upcoming
community activities, including the Orange CountyJob Fair and Expo that would be hosted in
Anaheim on June 3, as well as the Cinco De Mayo Festival, Taste of Anaheim, and the
Children's Art Festival.
Mayor Pringle congratulated the Ducks on winning the first-round playoffs and announced
that the USA Women's Volleyball team would be moving to Anaheim.
Adjournment:
With no other business to consider, Mayor Pringle adjourned the meeting at 7:57 p.m.
Respe ly submitted,
Linda N. Andal, CMC
City Clerk