2000/11/07ANAHEIM, CALIFORNIA- CITY COUNCIL MEETING
NOVEMBER 7, 2000
The City Council of the City of Anaheim met in regular session.
PRESENT: Mayor Tom Daly, Council Members: Frank Feldhaus, Lucille Kring, Tom Tait and
Shirley McCracken.
STAFF PRESENT: City Manager Jim Ruth, City Attorney Jack White, City Clerk Sheryll
Schroeder, Planning Director Joel Fick, Zoning Division Manager Greg Hastings.
A copy of the agenda for the meeting of the Anaheim City Council was posted on November 3,
2000 at the City Hall inside and outside bulletin boards.
Mayor Pro Tern McCracken called the regular meeting to order at 3:09 P.M. in the Council
Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard.
ADDITIONS/DELETIONS TO CLOSED SESSION:
City Attorney Jack White requested two additions to the Closed Session agenda, existing
litigation for City versus Hathaway, Orange County Superior Court Case No. 80-90-05 and City
versus Pacific Islandia California, Inc., Orange County Superior Court Case No. 81-11-60.
Mayor Pro Tem McCracken moved to add two items to the Closed Session agenda, Conference
with Legal Counsel, existing litigation, Section 54956.9(a) of the Government Code, City versus
Hathaway, Orange County Superior Court Case No. 80-90-05 and City versus Pacific Islandia
California, Inc., Orange County Superior Court Case No. 81-11-60. Motion seconded by
Council Member Kring and carried unanimously.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closes Session items.
Mayor Pro Tem McCracken moved to recess to Closed Session, seconded by Council Member
Feldhaus. Motion carded unanimously. Mayor Daly and Council Member Tait were temporarily
absent and joined the Closed Session soon after the recess to Closed Session, which occurred
at 3:10 P.M.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: Vista Royale Homeowners Assn. v. 396 Investment Co.
fka The Fieldstone Company, et al., Orange County Superior Court Case
No. 77-30-74 (and related cases).
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: Lamb Engineering & Construction Co. v. City of
Anaheim, Orange County Superior Court Case No. 00 CC 07050.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Section 54956.9
of the Government Code: one potential case.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Approximately 3 acres of property located at the southeast
corner of Harbor Boulevard and Lincoln Avenue, Anaheim, California.
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10.
Agency negotiator: Elisa Stipkovich
Negotiating parties: Anaheim Redevelopment Agency and Avalon
Acquisition Corp.
Under negotiation: price and terms
LIABILITY CLAIMS
Claimant: Hensel Phelps Construction Company
Agency claimed against: City of Anaheim
PUBLIC EMPLOYMENT
Title: Public Utilities General Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 3.89 acres of property located at the southwest corner of the I-
5 Freeway and Magnolia Avenue, 1211-A Magnolia Avenue, Anaheim,
California
Agency negotiator: James D. Ruth
Negotiating parties: City of Anaheim and Delphi Automotive Systems,
LLC
Under negotiation: price and terms
ANNUAL EMPLOYEE PERFORMANCE EVALUATIONS
Titles: City Manager, City Attorney, City Clerk, City Treasurer
CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: David Hill
Employee organization: Anaheim Municipal Employees Association
CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: David Hill
Employee organization: International Brotherhood of Electrical Workers,
Local 47
11.
CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: David Hill
Employee organization: Anaheim Police Association
12.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: City of Anaheim v. Hathaway, Orange County Superior
Court Case No. 80-90-05.
13.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: City of Anaheim v. Pacific Islandia California Inc.,
Orange County Superior Court Case No. 81-11-60.
AFTER RECESS:
Mayor Daly called the regular Council meeting of November 7, 2000 to order at 6:15 P.M. and
welcomed those in attendance.
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INVOCATION: Pastor Stan Sewell, Church of Christ.
FLAG SALUTE: Council Member Feldhaus.
PROCLAMATIONS AND DECLARATIONS:
Ruben Aceves, Workforce Development Manager gave a presentation, to
recognize seventeen members of the Private Industry Council for their years of
service.
Recognition to be presented at a later date was a proclamation recognizing
November 12-18, 2000, as Anaheim Employees Charities Week.
Item A21 was taken out of order and discussed. This was a request by Council Member Tait to
discuss the purchase of Delphi property, southwest corner of Magnolia and I-5 Freeway.
Mayor Daly suggested that if the Council was comfortable, that item A21 would be taken out of
order since there were a lot of the people in attendance for the item dealing with Delphi. He
explained that City Council had discussed the matter in Closed Session and given direction to
the City Manager to pursue deals involving the land. The City Council had, on a unanimous
vote, directed the City Manager to proceed to purchase the Delco field property from the Delphi
Corporation. Mayor Daly said that the Anaheim Angels Baseball Team had made a
commitment to the City of Anaheim to raise funds to offset the cost of the City purchasing the
four acre parcel and also to assist the league in its on-going efforts to improve the fields and to
make the league as successful as possible in the future. Mayor Daly then asked if there was a
spokesperson for the West Anaheim Little League who would like to speak and comment on this
subject.
Bob Holston, president of the West Anaheim Little League, thanked the Mayor Council
Members on behalf of his league, adding that they had been working with Delphi for over a year
to get this accomplished and that there were grateful to the City Council. He asked if one of the
Little Leaguers could present a brief speech and Andy Hollie to come to the podium.
Andy Hollie of West Anaheim Little League thanked the Council and introduced two of the other
Little League players. He asked the Council to let West Anaheim keep Delco field because their
major players were moving up and they needed good fields and added that they needed this
field to grow up to be pro baseball players.
Council Member Tait said that he had just met some of the folks from the West Anaheim Little
League and it had been very inspirational for him to work with them on this project.
Council Member McCracken stated that Little League had been important part of her family
because her son had played all the way up through Little League and through high school
baseball and college baseball. She was aware of what it meant to Little League and their
families. She hoped that with the help of the Angels could make this an opportunity for Anaheim
and for the West Anaheim Little League.
Council Member Feldhaus said that he played senior softball on Wednesdays, Thursdays and
Sundays and that he was out there with the Little League in head and spirit.
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Council Member Kring spoke about her experience as a pitcher and wished the League good
luck and told them to enjoy their field.
Mayor Daly stated that there was a lot of hard work by the City Manager and a lot of discussion
by the City Council and the Anaheim Angels Baseball Team had committed personal
involvement of some of their players to also help reimburse the City. The Mayor wished the
Little League good luck.
Mayor Daly asked the Council Members to return to the regular order of the agenda.
At 6:36 P.M., Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Anaheim Housing Authority meetings.
Mayor Daly reconvened the City Council meeting at 6:55 P.M.
ADDITIONS/DELETIONS TO THE AGENDA:
There were no additions or deletions to the agenda.
PUBLIC COMMENTS:
Jaime Martinez stated he had a problem with the Police Department after being arrested on
April 26, 1999 and he asked for assistance from the Council and said that he would send them a
letter. Mayor Daly said that they would read the letter and refer the situation to the Police Chief.
MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions,
seconded by Council Member Feldhaus. Motion carried unanimously.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A20: 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, except item A8 which was continued to
November 14, 2000. Mayor Daly offered Resolutions Nos. 2000R-230 through 2000R-232 and
Ordinance No. 5741 for adoption. Motion carried unanimously.
Al.
Reject certain claims and a certain application for leave to present late claim filed
against the City.
RESOLUTION NO. 2000R-230 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of
Anaheim certain real properties or interests therein (City Deed Nos. 10317,
10321-10329, 10381).
A3.
Approve an agreement with PD LA PALMA, L.P., for the sale of the abandoned
excess right-of-way (portion of Old La Palma Avenue located north of La Palma
Avenue and west of Weir Canyon Road) and approve the quitclaim of said
abandoned excess right-of-way to PD LA PALMA, L.P.
A4.
Approve an Agreement for Acquisition of real property for 1778 South Heather
Lane (R/W 5180-86), approve a Grant Deed for sale of real property, approve Lot
Line Adjustment Plat No. 469, and authorize the Mayor and City Clerk to execute
the Agreement and Grant Deed.
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A5.
A6.
A7.
Approve and authorize the Mayor and City Clerk to execute an Agreement with
CH2M Hill to prepare and complete the West Anaheim and Combined West
Anaheim Sanitary Sewer Deficiency Studies and a Financial Implementation Plan
and Program for sanitary sewers (in an amount not to exceed $109,994) to
address capacity and operational deficiencies within the West Anaheim Area of
the City.
ORDINANCE NO. 5742 (INTRODUCTION) AN ORDINANCE OF THE CITY
OF ANAHEIM amending certain provisions of Chapter 12.12 of Title 12 of the
Anaheim Municipal Code pertaining to right-of-way construction permits.
Award the contract to the lowest responsible bidder, Chegini Enterprises, Inc.
dba SMC Construction, in the amount of $445,200 for tenant improvements to
the Anaheim Police Department East Station and approve and authorize the
Finance Director to execute the Escrow Agreement pertaining to contract
retentions.
Mayor Daly asked if this would be the extent of the tenant improvements to the facility for
the next few years or would there be a series of these and City Manager Jim Ruth stated
that this was the completion of the second and third floor and it was out of Mello Roos
funds. They designed the second and third floors, put it out to bid and got a very good
bid because this was actually under estimate he noted and said this would complete the
facility for long term use.
Mayor Daly asked if there had been decisions on who would use all of the space once it
was improved and City Manager Ruth stated that the Chief of Police and his staff had
been working on that for some time and it had been designed around those future needs
and which officers would be reassigned to the facility and which police functions would
work out of that facility.
Mayor Daly requested a follow up report on the use of the entire facility, asking for
clarification on how much of the building would also be used by police versus other
departments since Community Services had an office and a staff there.
City Manager Ruth stated that there was 10,000 square feet set aside for Community
Services and it had been used extensively out there. They had talked about using some
Code Enforcement and inspectors in the front entry area of the facility. Since it was in
the Mello Roos district, the City was required by law to utilize approximately 80% of the
facility for police use.
A8.
Accept the bid of CA Short Company in an amount not to exceed $50,000
(including tax) per year to administer the City's service award program as
required for a one-year period beginning October 2000 and authorize the
Purchasing Agent to exercise up to three additional one-year optional renewals,
in accordance with Request for Proposal No. 6069.
Council Member Feldhaus believed that the long-time Anaheim company deserved an
opportunity to provide this service even if it was on a probationary basis. He asked if
this item had gone out to Iow bid and he noted that Human Resources and Purchasing
had evaluated proposals and determined that the CA Shod Company provided the most
comprehensive and professional awards program.
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Mayor Daly shared Council Member Feldhaus' concern and asked the City Manager to
report back to City Council within the next seven days with more information and
comments on the local vendor. He also asked that a breakdown be given on how much
of the $50,000 cost was for time, administration and how much was hardware by the
outside vendor.
City Manager Ruth stated that they would be glad to continue this item for one week and
answer any questions that the City Council had.
Council Member Feldhaus moved, seconded by Mayor Daly, that Item A8 be continued
for one week to November 14, 2000. Motion carried unanimously.
A9.
Accept the bid of West Coast Doors and Opening Devices, Inc., for a one-year
period beginning October 2000 and authorize the Purchasing Agent to exercise
up to three additional one-year optional renewals, in accordance with Request for
Proposal No. 6069. amount not to exceed $41,108 (tax inclusive) for the removal,
replacement and installation of six overhead doors and operators at Fire Station
#2, in accordance with Bid No. 6077.
Al0.
Accept the bid of Central Maloney, Inc., in the not-to-exceed amount of $27,000
(including tax) for subsurface transformers; and accept the bid of Kuhlman
Electric in the not-to-exceed amount of $165,000 (including tax) for single phase
padmount transformers; accept the bid of Howard Industries in the not-to-exceed
amount of $7,100 (including tax)for single phase padmount transformers; and
authorize the Purchasing Agent to exercise three one-year optional renewals in
accordance with Bid No. 6070.
All.
Accept the bid of R.J. Noble Company in an amount not to exceed $500,000 a
year (tax inclusive) with four one-year optional extensions for the asphalt
equipment rental with operator for the Streets and Sanitation Division, and
authorize the Purchasing Agent to execute any renewal options in accordance
with Bid No. 6066.
A12.
Waive Council Policy 306 and authorize the Purchasing Agent to issue a
purchase order to Canada Power Products Corporation in the amount of
$213,024 (excluding tax) for switch automation materials for Warehouse stock.
A13.
Instruct the City Clerk to post the Notice of Unscheduled Vacancy, per
Government Code gection 54974, for the vacancy created by Thomas "Hoagy"
Holguin's resignation from the Anaheim Redevelopment and Housing
Commission, term to expire June 30, 2004.
A14.
A15.
RESOLUTION NO. 2000R-231 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM authorizing the destruction of certain City records
more than two years old. (Library Services Division.)
Approve and authorize the Executive Director of Community Development to
execute an Economic Development Assistance Agreement with the Anaheim
Memorial Medical Center for the purpose of developing a plan for the adaptive
reuse of the Anaheim Memorial Medical Center site.
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A16.
RESOLUTION NO. 2000R-232 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM consenting to and calling for a joint public hearing
on the proposed Amendment No. 3 to the redevelopment plan for the River
Valley Redevelopment Project. (Joint public hearing scheduled for December
12, 2000.)
A17.
Authorize the Police Department to enter into a three-year lease agreement with
Noble Management Company in the amount of $1,300 a month for the storage of
police property and evidence and authorize the Chief of Police to execute the
agreement.
A18.
Approve and authorize the Public Utilities General Manager to execute the First
Amendment to Agreement with Walt Disney World Company to include the sale
of three transformers.
A19.
A20.
ORDINANCE NO. 5741 (ADOPTION) AN ORDINANCE OF THE CITY
OF ANAHEIM amending specified sections of Chapter 2.12 of Title 2 of the
Anaheim Municipal Code relating to Transient Occupancy Tax. (Introduced at
City Council meeting of October 24, 2000, Item A15.)
Approve minutes of the Anaheim City Council meetings held September 26 and
October 10, 2000.
END OF CONSENT CALENDAR
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OFF CONSENT CALENDAR ITEMS
A21. Discussion requested by Council Member Tait regarding the purchase of Delphi
property, southwest corner of Magnolia and I-5 freeway.
Discussed prior to the Redevelopment Agency and City Council Consent calendars.
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A22.
Board and Commission Appointment:
Appoint two Council Members to the Orange County Transportation Authority
Corridor Advisory Panel for The CenterLine.
Mayor Daly stated that Council Member Kring and Council Member Feldhaus had
expressed interest in this project and in serving on the Committee. Mayor Daly moved,
seconded by Council Member Tait, to appoint Council Member Kring and Council
Member Feldhaus to the Orange County Transportation Authority Corridor Advisory
Panel for the CenterLine. Motion carried unanimously.
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A23. Approve appointment of Marcie L. Edwards to the position of Public Utilities
General Manager and approve benefits.
Mayor Daly moved for a one-week continuance, seconded by Council Member Feldhaus.
Motion carried unanimously.
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Items B1 throuqh B2 From Zoninq Administrator Meetinq of October 19, 2000,
Decision Date October 25, 2000: (No action necessary unless Council desires to set a
particular item for public hearing.)
APPEAL PERIOD ENDS NOVEMBER 9, 2000:
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BI.
ADMINISTRATIVE ADJUSTMENT NO. 2000-00202
AND CATEGORICAL EXEMPTION SECTION 15061(b)(3)
OWNER: Lih-Jou and Susana Wan-Pei Chung, 420 Peralta Hills Drive,
Anaheim, CA 92807
AGENT: Clair Wombacher, 1221 N. Tippetts Lane, Anaheim, CA 92807
LOCATION: 420 Peralta Hills Drive. Property is 0.95 acre having a frontage of
185 feet on the north side of Peralta Hills Drive and a maximum depth of 225 feet
and located 290 feet west of the centerline of Belleza Lane.
Waiver of maximum fence height (3 feet high permitted; 5.5 feet high proposed)
to construct a 3 to 5.5 foot high block wall and wrought iron fence within the
required front yard setback of a single-family residence in the RS-HS 43,000
(SC) (Single-Family Residential, Hillside; Scenic Corridor Overlay) Zone.
ACTION TAKEN BY ZONING ADMINISTRATOR:
Administrative Adjustment approved (ZA Decision No.2000-00202).
Mayor Daly asked if there was any follow up done by Code Enforcement and Planning
with regard to a three to five foot cinderblock wall right at the sidewalk which was illegal
without a special permit from the City due to the setback requirements.
Planning Director Joel Fick stated that there was follow up and there had been a number
of requests because of Code Enforcement's and Building's involvement in the field. The
Code had changed to have a special permit with review and Planning would like a
chance to review comments and thoughts brought back through the Planning
Commission. What had happened in the transition, he explained, was that for many
years and up until recently, the Code use to allow walls right at the property line in the
front yards for any homes that fronted on any type of an arterial highway. They had
never been allowed on the interior streets, he finalized.
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REPORT AND RECOMMENDATION ITEM:
B2.
VARIANCE NO. 2000-04411 - REQUEST FOR A NUNC PRO TUNC
DECISION TO AMEND DECISION NO. 2000-38
OWNER: North American AID, 2201 Seal Beach Boulevard, Seal Beach, CA
90740.
AGENTS: Pacific Sunwear of California, Inc., 5200 East La Palma Avenue,
Anaheim, CA 92807, Attn: Carl Womack, and Boeing North American Fitness,
Inc., c/o Boeing Realty Corporation, G.O. Wiley, 4060 Lakewood Boulevard, 6th
Floor, Long Beach, CA 90808-1700.
LOCATION: 3450 East Miraloma Avenue. To amend Decision No. 7_A2000-38,
nunc pro tunc, adopted in connection with Variance No. 2000-04411, deleting
Condition No. 28, regarding a proposal to construct a a 300,000 square foot
single-story warehouse distribution building and a 180,000 square foot three-
story corporate office building.
ACTION TAKEN BY ZONING ADMNISTRATOR:
Variance No. 2000-04411, amended Decision No. 2000-38, nunc pro tunc
(Decision No. ZA2000-39).
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END OF THE ZONING ADMINISTRATOR ITEMS
B3.
REQUEST FOR REHEARING - RECLASSIFICATION NO. 2000-00030 AND
NEGATIVE DECLARATION (VARIANCE NO. 4381)
OWNER: Margaret Yarema, 1212 South Western Avenue, Anaheim, CA 92804
AGENT: Brian Yarema, 1212 South Western Avenue, Anaheim, CA 92804
LOCATION: 1212 South Western Avenue. Property is 0.27 acre located on the
east side of Western Avenue, 165 feet south of the centerline of Ball Road.
Reclassification No. 2000-00030 - To reclassify subject property from the RS-A-
43,000 (Residential/Agricultural) Zone to the RM-2400 (Residential, Multiple
Family) Zone or less intense zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
Denied Reclassification No. 2000-00030 (PC2000-103) (5 yes votes,
Commissioners Bostwick and Boydstun absent).
Negative Declaration approved.
Informational item B7 at the City Council meeting of September 19, 2000. Letter
of Appeal submitted by agent, Brian Yarema, for owner, Margaret Yarema. At
the meeting of October 10, 2000, Item C4, the Anaheim City Council denied
Reclassification No. 2000-00030 (Resolution No. 2000R-217). Request for
Rehearing submitted by the Agent, Brian Yarema.
The applicant, Brian Yarema, said that he had requested a rehearing because he
believed that there were other properties that had received the same type of waivers or
rezoning.
Mayor Daly responded to the applicant by stating that the waivers were discretionary
and that there was nothing automatic about receiving one.
The applicant asked about making this property RM-5000 and Mayor Daly stated that
this was basically a new application and the owner should follow up through the
Planning Department.
Mayor Daly moved, seconded by Council Member McCracken, to deny the rehearing of
Reclassification 2000-00030. Motion carried unanimously.
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B4.
REQUEST FOR REHEARING -VARIANCE NO. 2000-04397
CATEGORICALLY EXEMPT-CLASS 3:
OWNER: John H. Haney, 668 South Pathfinder Trail, Anaheim, CA 92807
AGENT: Gloria D. Haney, 668 South Pathfinder Trail, Anaheim, CA 92807
LOCATION: 668 South Pathfinder Trail. Property is 0.24 acre located on the
south side of Pathfinder Trail, 690 feet east of the centerline of Scout Trail.
Waiver of (a) maximum fence height and (b) required side yard setback, to retain
a patio structure and built up wall.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 2000-04397 DENIED (PC2000-81) (6 yes votes, Commissioner
Arnold absent).
Informational item at the City Council meeting of July 11,2000, Item B2. Letter
of appeal submitted by the Agent, Gloria Haney.
Public hearing continued from the meeting of August 29, 2000, Item C3.
At the public hearing held September 26, 2000, the Anaheim City Council denied
Variance No. 2000-04397
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The Agent, Ms. Gloria Haney, submitted request for continuance of the Request for
Rehearing. On motion by Council Member TaR, seconded by Council Member Kring, to
continue the Request for Rehearing as requested by the applicant for one week. Motion
carried unanimously.
6:00 P.M. PUBLIC HEARINGS:
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C1.
CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 2000-00025
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2000-04224
AND NEGATIVE DECLARATION:
OWNER: Charles Hance, 828 West Vermont Avenue, Anaheim, CA 92805.
AGENT: Valli Architectural Group, 81 Columbia, Suite 200, Aliso Viejo, CA
92656.
LOCATION: Portion A: 828 West Vermont Avenue. Property is 0.9 acre
located on the south side of Vermont Avenue, 110 feet west of the centerline of
Citron Street (Coast Corvette).
Portion B: 900 West Vermont Avenue. Property is 1.1 acre located on the west
side of a public alley, 315 feet south of the centerline of Vermont Avenue
(Formerly A-1 Body and Paint).
Reclassification No. 2000-00025 - To reclassify Portion B from the RS-A-43,000
(Residential/Agricultural) Zone to the CL (Commercial, Limited) Zone.
Conditional Use Permit No. 2000-04224 - To permit and retain an existing
unpermitted truck rental facility and permit a self-storage facility with waiver of (a)
required setback adjacent to a freeway and (b) required interior setback adjacent
to any residential zone boundary.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 2000-00025 Granted (PC2000-96) (5 yes votes,
Commissioners Bostwick and Boydstun absent).
CUP NO. 2000-04224 granted in part denying the truck rental facility (PC2000-
97) (5 yes votes, Commissioners Bostwick and Boydstun absent).
Waiver of code requirement approved.
Approved Negative Declaration.
Informational item at City Council meeting of September 19, 2000 (Item B1).
Review of the Planning Commission's decision requested by Mayor Daly and
Council Member Feldhaus. Public hearing continued from the meeting of
October 24, 2000, Item C3.
Zoning Division Manager, Greg Hastings, presented a staff report. He noted that the
Planning Commission imposed a condition of approval on the reclassification that if the
self storage facility was not under construction by August 21, 2001, the Commission
would consider rezoning the property back from the CL to the RS-A-43,000 zone which
would help prevent speculation of other uses that could be permitted in the CL zone that
may not be appropriate for the neighborhood.
Mayor Daly asked if there had been a professional traffic engineer involved in analyzing
the impact of traffic and Zoning Division Manager Hastings replied that as part of their
interdepartmental review, the City's Traffic and Transportation Manager reviewed the
traffic impact to the area and determined that the amount of traffic that would be
generated from this use would be much less than a standard type of commercial use.
Mr. Hastings added that the Planning Commission approved the self-storage but not the
truck rental facility and the hours for the self-storage would be 7:00 A.M to 7:00 P.M. as
requested by the applicant.
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Council Member McCracken said that if the zoning was changed to CL with the Planning
Commission condition that the storage units be built by August of next year, in five or ten
years they could be taken down. She was concerned that since the property was
already zoned CL, anything commercial could be placed on it.
Mayor Daly opened the public hearing.
On behalf of the applicant, Attorney Brad Knypstra gave a brief summary of the project
to the Council. He stated that the applicant had proposed a self-storage facility at this
location because he believed that this would be the most benign use and generate the
least amount of traffic for that location. Mr. Knypstra referred to a petition signed this
date and a letter that was in support of Coast Corvette. He thanked Planning Director
Joel Fick for the opportunity to meet with the department and clarify some issues. The
first issue related to the lot line adjustment and the second to the termination of the
variance for the sign at 900 West Vermont. Mr. Knypstra requested that Council support
this facility as the best use of this particular parcel.
Mayor Daly asked if the Planning Commission had made any changes to the
recommendation on this project and on how the project would look from the freeway,
which way the roll up doors would face, and signage. Zoning Division Manager Hastings
responded that any of the changes that were made at the Planning Commission were in
line with what the Planning staff had recommended and the conditions of approval reflect
what staff was looking for.
Mike Modomong, 963 South Citron, Anaheim, spoke in support of the project. He said
that his bedroom slider faced out into the subject property. He purchased the property
seventeen years ago when there was a two-story body and paint shop there and he did
not have any trouble with the freeway noise. He said that he was ten yards away from
the property and his bedroom slider faced the freeway. After many attempts over the
course of three years to get a sound wall put in by CalTrans, he said, they would not do
it. He said that this project would be a wonderful thing to happen so he could get some
sleep and that Coast Corvette was a bright spot in the community and very well
landscaped. His bedroom window would still be facing the freeway and he asked that
maybe a facade could be placed on the Coast Corvette property so that all of the
neighbors would be blocked away from the freeway sound.
Linda Keller, 195 South Avenida Felipe, Anaheim, spoke in opposition of the project.
She reported to represent hundreds of people in the neighborhood and asked if Council
would not allow any more commercial in the neighborhood. She said that their main
concern was the U-Haul and she asked if he was definitely proposing not to have that
business.
Planning Director Joel Fick said that from a technical standpoint, the item was advertised
with the U-Haul although the Planning Commission did not approve it and the Council
could or could not include it. He said that staff's recommendation was that the U-Haul
portion not be included. Planning Director Fick said that with regard to condition number
two, Planning recommended that that condition stay intact, with the understanding that if
those parcels had al'ready been combined into two parcels as the applicant had
represented, then that condition would have already been satisfied, although when they
started the process, it was not designated that way on the City's engineering maps.
With respect to condition number four, which pertained to the old variance for the one-
day auto use that was no longer in existence and a sign that was no longer there, it was
just a formality to request termination, he explained.
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Jim Hansen, apartment building owner of 729 West Bellevue, stated that they were
opposed to the project and that they had no assurance that this storage unit building
would stay a storage unit building. He believed that with hundreds of units there, there
would be additional traffic generated and the neighbors would like to keep it a residential
area.
Attorney Brad Knypstra stated once again that this was the most benign use of the
property and that the residents had no intention of having the U-Haul because that would
have generated more traffic. This would be a $3 million building and the conditional use
permit that applied to that self-storage use could not be easily changed. He said that
this would be the least intrusive use for that location.
Mayor Daly closed the public hearing.
Mayor Daly asked for clarification on the signage.
Zoning Division Manager Greg Hastings affirmed that there would be a 180 square foot
wall sign on the new building to be constructed and any further signage, the Planning
Commission would have to review. If the sign panel that said U-Haul was removed, that
sign could be dedicated to any on-site use and the self-storage facility was off-site since
it was on a different piece of property so that would not be allowed to be used for that.
He noted that Planning Commission approved the one wall-sign.
Mayor Daly said he had opposed the parking lot that the property owner wanted to build
to the north of the property and he was uncomfortable with this project. He believed that
if the City was to preserve the residential character of this neighborhood, this was not a
step in the right direction. He opposed the request to build a self-storage facility on this
property.
Council Member Tait agreed with the neighbors that the U-Haul business would not be
appropriate and would be a burden on the neighborhood. He agreed with the Planning
staff and Planning Commission that the self-storage facility was benign and would be a
buffer between the neighborhood and the freeway.
Council Member Tait moved to approve the CEQA Environmental Finding of Negative
Declaration, seconded by Council Member Kring. Roll call vote: Ayes - 3; Council
Members Tait, Feldhaus and Kring. Noes - 2; Mayor Daly and Council Member
McCracken. Motion carried.
Council Member Tait offered the following resolutions to approve the self-storage facility
with the condition that it would not include the U-Haul as reflected in the Planning
Commission's decision:
RESOLUTION NO. 2000R-233 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP
REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE
AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE
CHANGED (RECLASSIFICATION NO. 2000-00025).
RESOLUTION NO. 2000R-234 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2000-04224 IN
PART.
Roll call vote: Ayes - 3, Council Members Tait, Feldhaus, Kring. Noes - 2: Mayor Daly
and Council Member McCracken. Motion carried.
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179
C2.
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2000-04253
AND NEGATIVE DECLARATION
OWNER: Corporation of the Presiding Bishop of the Church of Jesus Christ of
the Latter Day Saints, 50 East North Temple Street, Salt Lake City, Utah 84150
AGENT: Shirl Cornwall or Kent Cornwall, 234 North El Molino Avenue,
Pasadena, CA 91101
LOCATION: 1518 West Westmont Drive. Property is 0.29 acre located on the
south side of Westmont Drive, 355 feet east of the centerline of Loara Street.
To permit and construct a parking lot for an existing church with waiver of (a)
institutional uses adjacent to residential zones and (b) minimum parking lot
landscaping.
ACTION TAKEN BY PLANNING COMMISSION:
Waiver of Code Requirement denied (7 yes votes).
CUP NO. 2000-04253 denied (PC2000-111 ) (5 yes votes: Commissioners
Arnold, Bristol, Koos, Napoles, and Vanderbilt; Noes: Commissioners Bostwick
and Boydstun).
Negative Declaration approved (4 yes votes: Commissioners Arnold, Bristol,
Bostwick, and Boydstun; Commissioners Koos, Napoles, and Vanderbilt voted
no). Appealed by agent, J. Shirl Cornwall.
Zoning Division Manager Greg Hastings presented a brief staff report to the Council.
Planning Director Joel Fick stated that there were existing parking issues in the
neighborhood and this could serve to mitigate some of those by providing additional
spaces. Planning had focused on providing the appropriate buffers with the expanded
parking lot and having the required landscaping. If the parking lot expansion should take
place, it should be done without any waivers to the City's code, he noted. The applicant
was requesting that the waivers be granted because to install the landscaping, they
would loose several parking spaces. Staff supported the landscaping so that it would
provide a necessary buffer for the residential lots. The present plans show a seven and
one half- foot wide strip and code requires fifteen feet for a church next to the single-
family residential. The proposal was fifteen feet on the east property line and it was a
combination of five feet and seven and one half feet on the jogged portion on the south
property wall.
Council Member Feldhaus asked if they fully complied, how many parking spaces would
be lost and Planning Director Fick said he believed it was four spaces.
Mayor Daly opened the public hearing.
Doug Hampton, Member of the Stake Presidency of the Anaheim Stake, Church of
Jesus Christ of Latter Day Saints, was present to represent the Church. He stated that
Council received a letter from them dated November 2, 2000, regarding their opposition
to the Planning Commission's findings. He said that the Church desired to be a good
neighbor and expand their parking lot to meet the current needs and any expansion that
may come from growth in membership. Mr. Hampton stated that they would spend in
excess of $350,000 to add twenty-five parking spaces.
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Council Member Kring asked Mr. Hampton why they would not want to do the
landscaping and he said that they wanted to make it continuous with the existing
landscaping. He said that the proposed setback on the street side would remain as it
was and they were just asking for the south side to be minimized down to five feet and
seven feet where it abutted residential. They were willing to build an eight-foot wall in
order to buffer sound and there would be a hedge across the remainder on the east and
the south ends. There was already a five and one half-foot/five feet seven-inch buffer
around and it would just be continuous in the continuity in the property and its look, he
explained.
Council Member Kring said that the parking spaces closest to that house would be used
last so in most instances there would be no parking abutting that property and noise and
emissions and Mr. Hampton affirmed and said that most people wanted to park closest
to the building. He said that occasionally, the new Westmont Elementary School across
the street would be using their parking lot for open houses and other school functions.
There would also be an occasional use by another group if it falls within their policy
guidelines.
Council Member McCracken noted that the biggest concern in that neighborhood was
the parking in the streets and she asked Mr. Hampton if he saw this as a solution to this
problem and he said that there were approximately ten cars that end up on the street on
a regular basis on a Sunday and having these spaces would minimize the use of the
street for parking. There would be twenty-five additional spaces with the request for
variance or twenty-eight minus three for landscaping which would be net twenty-five.
Mayor Daly asked Mr. Hampton if he had communicated with the property owner to the
south who would be affected by the amount of landscaping that would be installed and
was the property owner accepting of the waiver. Mr. Hampton replied that the property
owner to the east was not accepting of this project and the property owner to the south
had no negative comments.
Agent Shirl Cornwall, Cornwall Associates Architects, 234 North El Molino, Pasadena,
was present to address some of Council's concerns regarding the south wall. He said
that the property line wall, by code, would be six feet high which would shield the
neighboring properties from the parking lot visually. He believed that it would also shield
it sound-wise because they had an acoustical consultant advise them as to what
difference it would make if a car was seven feet, five feet or fifteen feet from the wall and
it was only a two decibel difference in the sound that would be generated. The sound
that would be generated through the wall would not be noticeable to the neighbors.
They would propose to landscape that section heavier to help reduce sound intrusion
and trees would be planted to grow above the wall and also provide some shielding from
the second story windows of those properties, he offered. There was a diagram that
was given to Council for their packets that showed that those properties to the south
were not really impacted by the new parking area. The conditions of concern for
bothering the neighbors were highly minimized whether it would be fifteen or seven and
one half feet. Mr. Cornwall said that they only had fifteen cars on one side, thirteen on
the other side and it seemed redundant to him to loose two more spaces for planting in
an area that would be profusely planted with fifteen feet on the east side and the front
had twenty five feet of planting. He said that if the two waivers were granted, that would
be four cars off of the street.
Matthew Ross, 13 Georgetown, Irvine, was present with his brother Mark Ross, who
resided at 2317 Coronet, Anaheim and he introduced his Mother, Jane Ross, the current
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owner of the property at 1508 Westmont Drive. The house was in escrow and escrow
depended upon whether the Church was given permission to build the parking lot or not,
he explained. Mrs. Ross said that she and her husband had built the house in 1955 and
when the Church was built, they had been very good and enjoyable neighbors.
Robert Lynn, 507 Meadowbrook Place, Anaheim, said he had known the Ross Family
since 1957 and he had lived 31 years behind the parking lot of the Church. In 1968 when
he moved in, there were beautiful pine trees and he had screening from the parking lot.
Several years ago, tree trimmers came along and took all the trees out. There was no
landscaping against his wall now and they did not replace the trees with trees, but
bushes below the line of the block wall. Mr. Lynn then spoke about a shed in the parking
lot of the Church, which would house the lawnmower to cut their grass, but he believed
that there was more than just a lawnmower in the shed because it was higher than the
apartment garage next door. He believed that it would be physically impossible to
landscape on their side of the property between the shed and the block wall and he
produced pictures for Council. The conditional use permit that was issued when the
Church was built called for landscaping and the idea was to help with sound attenuation
and visual encroachment, he said.
Paula Eberhardt, 1500 Westmont Drive, stated that she had set up a meeting with the
Church and they agreed to the hedge and said that they would give Ms. Eberhardt some
contact people at the Church. One of the concerns Ms. Eberhardt had was that in the
evenings, when there were problems in past years, there was no one to contact and they
had agreed to that. Ms. Eberhardt's entire property was the first house to the east and it
ran alongside the proposed parking lot. Since it was an old house, it was built very close
to the property line and so the fifteen-foot setback was really important on that side. She
believed that closing the gates at night would mitigate the idea of having the whole area
open to other elements other than residential in the area. The Church did not have
someone on site to close the gate and Ms. Eberhardt had asked them to hire someone
or put in an electric gate. She said that contingent factors she would like to see put into
the Resolution would help make this work for everyone. She would like to have the
gates closed at night and wanted both the Loara and Westmont gates opened on
Sunday. The Loara gate had not been open and she maintained that it was a violation
of the original Administrative Adjustment. She requested that the Church maintain the
fifteen-foot setback on both the east and south properties even if they loose a couple of
parking spaces. Ms. Eberhardt expressed her concerns and asked that there be a
sound buffer and since her house sat up high, she would also like to have a visual buffer
as well. She requested a two-week notification, in writing, before they tear down the
fence that was currently there. She asked that the Church rearrange their schedules to
maintain the people within the parking lot and rectify any recommendations on the list
from the Planning Commission. Ms. Eberhardt stated that if the Church would adhere to
the following contingencies, she would then remove her objections:
close those gates at night and open in the morning, open the Loara gate on Sunday, do
what the Planning Commission had asked for, plant non-deciduous trees, and maintain
the fifteen foot buffer.
Planning Director Joel Fick responded to Mayor Daly that the list of deciduous trees was
listed as condition number five.
Steve Pebbly, 1464 Westmont, Anaheim, said he lived two houses east of the Church
parking lot and he said that the Mormon Church had always been a very good neighbor.
He believed that his neighbor, Ms. Eberhardt, was the most vulnerable and whatever
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she was satisfied with, he would be satisfied with. Mr. Pebbly agreed that the gate issue
needed to be addressed.
Jack Miller, 513 North Meadowbrook, Anaheim, lived on the property immediately east of
the existing parking lot of the Mormon Church and said it was noisy. He had been over
to the Church protesting on a couple of occasions because of the noise that was
generated in the parking lot by kids honking the horn. He pointed out that there was
parking available across Loara Street in the Anaheim Plaza. There were signals there
and crosswalks and they could park more than twenty-eight cars over there. He
protested the invasion of another parking lot into the residential neighborhood.
Mayor Daly requested a comment on the proposed conditions of Ms. Eberhardt.
Doug Hampton stated that with regard to the use of their property, ten years ago they
went through a major renovation which was all done through the Planning and Zoning
Department and the building was brought up to code. The Church was not aware of any
violations regarding those issues. He said the fence was a result of the Anaheim Plaza
and the Wall Mart which was adjacent to the Church. After Wall Mart opened, some of
the Church members were accosted and burglarized in the Church parking lot. Mr.
Hampton stated that a Captain with the Anaheim Police Department suggested that the
entire building be fenced off from the sidewalk. The Church opted not to do that since it
was not aesthetically pleasing so they chose to block off just the parking lot. They would
open the Loara gate on occasion, but not on a regular basis. There had not been any
burglaries or problems since the gate went in and that was a benefit to the members, he
felt the use of the gate on Westmont was that it was only closed once a year in January
to maintain private property status. Mr. Hampton said that they would remove the gate
so that they don't have a gate that closes. After hours, no one had any overnight
parking privilege. Mr. Hampton walked the parking lot at 5:00 a.m. every morning and
didn't see any problems. He said that if there were future concerns, they would address
them at that time. The Church had looked into gate closures and they were an
expensive proposition and hard to maintain. There was also no one to close the gate
and to hire someone to do it would be an enormous expense. Mr. Hampton addressed
the noise issue by saying that he had attended that Church for twenty years and the
landscaping had not changed in that amount of time. He believed that those issues
regarding noise were addressed already. Mr. Hampton reported that prior to the sale of
the property to the Anaheim City School District for the expansion of Westmont School,
they were able to use the parking lot to the north of the Church. The manager of the
Anaheim Plaza property had an agreement with the people who lease there to not let
others use that parking lot because they were constantly getting requests to use it. Mr.
Hampton refused to accommodate Ms. Eberhardt's requests unless they became an
issue at a future date. Mr. Hampton said that most of the Church members were out of
the building by 10:00 P.M.
Mayor Daly said that Ms. Eberhardt's request to have twenty-four hour security in that
parking lot, even if it would be expensive or troublesome, was not an unreasonable
request. There was a clear delineation between the single-family housing and the other
uses and this would be the first intrusion.
Council Member McCracken was concerned about trouble in the parking lot after hours.
Mr. Hampton stated that any complaints about the building usually came to his attention
and he had not seen any complaints.
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Mayor Daly explained that even though the Church had been a great neighbor, he was
concerned about the commitment of stability for the neighborhood. Mayor Daly said he
was not comfortable with the project.
Mr. Hampton stated that they would make an accommodation to chain off the area,
which would be the new parking area during the week. The Church would put up a
couple of balliards, a chain that goes across and they would drop it on Sunday or in
cases where they need the overflow, and that would buffer that area from traffic.
Council Member Feldhaus asked Mr. Hampton if the Church would be willing to put in
such things as Italian Cypress trees that grow tall to help attenuate the sound and he
stated that landscaping was not a problem and Ms. Eberhardt had already made a
request that the Church preserve her hedge that was on her side now and the Church
would accommodate.
Council Member McCracken asked if there would be an agreement for Westmont School
for mutual parking noting the Church was letting their construction workers use their
parking lot on a year to year basis.
Council Member Tait said that it might be a good compromise if the Church was willing
to chain off the parking lot which would ensure that no one would even park there except
for Sundays.
Council Member Feldhaus suggested that the Church work with staff to guide them into
the mitigating measures.
Planning Director Joel Fick said that they would come together with the neighbors and
the Church and bring back comments to the next Council meeting.
Council Member McCracken asked for clarification with the Fire Department on the
gates and when they should be open or not open.
Council Member Kring moved to continue the item for one week and that Mr. Hampton
and the neighbors get together with staff and work out some specific conditions such as
a chain across a portion of the parking lot, more thorough landscape screening and
sound attenuation. Seconded by Council Member Tait. Motion carried unanimously.
Report on Closed Session Actions:
City Attorney Jack White stated that there were no items to report other than what was reported
earlier.
Council Communications:
Council Member McCracken thanked all veterans who had served and protected the Country
and she urged citizens to stop by and see the Veterans Memorial across the street.
Council Member Feldhaus thanked all the Fall Festival Committee members and staff from the
City for the success of the Halloween Fall Festival parade and he also gave special thanks to
Adelphia and OCN. Pacific Bell 4th Floor won the sweepstakes award for the best overall
display of costume and design. City of Anaheim Human Resources Department won the best
overall display of costume and design for dressing as 101 Dalmations. Interior design award
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PAGE 18
went to Quality Telecommunications and the Anaheim Ballet won a window design award. The
best visual presentation went to Visser's Florist and Greenhouse.
Adjournment:
There being no further business to come before the City Council, Mayor Daly adjourned the
meeting at 9:05 P.M.
Respectfully submitted:
Sheryll Schroeder, CMC/AAE
City Clerk