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2002/05/14 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING ADJOURNED REGULAR MEETING OF MAY 7,2002 HELD MAY 14, 2002 The City Council of the City of Anaheim met in regular session. PRESENT: Mayor Pro Tem Frank Feldhaus and Council Members Lucille Kring, Tom Tait and Shirley McCracken. ABSENT: Mayor Tom Daly. STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, City Clerk Sheryl! Schroeder, Finance Director William Sweeney, Assistant City Manager Tom Wood, City Treasurer Charlene Jung, Human Resources Director David Hill, Claims Manager David Nunley, Executive Director of Planning and Community Development. A copy of the agenda for the meeting of the Anaheim City Council was posted on May 10, 2002 at the City Hall inside and outside bulletin boards. Mayor Pro Tem Frank Feldhaus called the regular meeting to order at 2:02 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. WORKSHOP: PUBLIC HEARING: FISCAL YEAR 2002/03 DEPARTMENTAL BUDGET At 2:03 P.M., City Manager David Morgan announced that this was a public hearing to review and adopt the City's fiscal year 2002/2003 budget pursuant to Charter Sections 1202, 1203 and 1204. The information had been available for public inspection since May 3, 2002, as legally advertised, he said. The public hearing would be continued to May 21, 2002 and June 4, 2002, and may, at Council's discretion, be continued to subsequent dates beyond June 4,2002 and still meet Charter requirements. Mr. Morgan presented the proposed budget for fiscal year 2002/2003 and he said that it represented the second year of a two-year budget and he said that Council had adopted the initial year of the budget and adopted the second year in concept, with the understanding that it would be presented to Council again with modifications for consideration and adoption this year. He said that an overview of the proposed budget would be presented by the Finance Director and followed by administrative support department presentations. The proposed budget for fiscal year 2002/2003 totaled $1,167,038,686, which represented an overall increase of approximately 4.2 percent from the currently adopted budget, he said. It broke down into a 17 percent increase in the Capital Improvement budget and a 1.6 percent increase in the proposed operating budget, he noted. The proposed budget included 2,099 full time positions and represented no net increase over the current, authorized positions. Excluding Police and Fire, he said, the City had reduced its full time staffing levels by 252 full time positions or 17.1 percent. He said that this showed a shifting, based on Council policy, towards public safety with reductions that occurred in the general management and general operating departments. He said if Community Development and Redevelopment positions were excluded that were federally funded, the City was down 305 positions or 21.6 percent over the last decade. He added that during that time, the population had increased by 23.4 percent and there were significant increases in the number of people who visited the City. The proposed budget continued to support the Council's goal to enhance neighborhoods, he informed. In addition to the annual $500,000 transfer from the general fund to the neighborhood ....... ""f- ANAHEIM CITY COUNCIL MEETING MINUTES MAY 14, 2002 PAGE 2 improvement fund, the Council established the Community Improvement Fund two years ago to direct the increased revenues received from the City's investment in the Resort Area and other economic development agreements, into a fund to be used for continued improvements in the community. He said that $3 million per year was budgeted in the Community Improvement Fund for specific improvements to neighborhoods. There were designated projects for funding by the Community Improvement Fund through fiscal year 2002/2003, the five-year Capital Plan recognized the $3 million per year contribution from the general fund beyond this fiscal year, he said, with a suggested $1.5 million towards corridor beautification, $1.5 towards other community improvement projects yet to be named and identified by Council. He informed Council that the Capital Improvement Program would be reviewed by Council next week and would include a proposed plan to expand services to the community through projects such as the West Anaheim Community Center Gymnasium Police Substation and the acquisition of the site was well under way with construction to begin in the next fiscal year. The budget included improvements to the Haskett Library and Maxwell Park, which included additional meeting and conference room facilities, he said, expansion of the Brookhurst Community Center to add facilities for senior citizens, the proposed design for an east Anaheim library, design and construction of a new downtown library which would incorporate a library office building into a larger plan development in the downtown Project Alpha site and development of an expanded Ross Park to include the acquisition of the Home Oil site. City Manager Morgan stated that the budget had been made possible through Council direction over recent years and the policies had positioned the City to embark on one of the most extensive community improvement efforts that the City had undertaken in decades. At 2:10 P.M., Finance Director, William Sweeney, presented an overview of the proposed fiscal year 2002/2003 budget. Director Sweeney said that the Resort revenues were maintained at $3 million per year and the transfer to the Resort fund had been fixed early on in the process. There was a very ambitious Capital Improvement Program and the budget was built around the following five goals: public safety; building the economy; enhancing neighborhoods; maximizing assets and maintaining the City's infrastructure. He said he believed that the budget before Council incorporated all five of the goals. He spoke about the state of the economy and said that recovery was on the way and retail sales had gone up 1.2 percent in April, excluding automobiles and taxable sales was one of the most important sources to the general fund, second to transient occupancy tax. He said that to the extent that the consumer continued strong spending, it would lead to recovery. Inflation remained under control, he said, and some economists were indicating a spike in the cost of oil could derail recovery and he said he believed that it would take a very substantial amount to derail the recovery. Mr. Sweeney spoke about regional measures and said that the indications were up but were up at a much lower growth rate than what the Council had seen last year. The growth was moderate, he said, and if all of the indicators continued to be positive, it was just a matter of months before seeing real improvement in the economy. He reported that the budget of $1.067 billion was balanced and he presented a power point presentation. Council Member Tait asked if the State deficit would become the City's budget problem and Director Sweeney said that something may come up but probably would not over the next number of months. He said he suspected that something may come up in the summer and he said that the May revise, which was issued this date, did not include a direct hit to local government. City Manager Morgan noted that when the budget was prepared, it was done with the assumption that the City would not be hit by the State, even though it was a possibility. He said that he had heard that the Governor's plan was to roll back or increase vehicle license fee taxes ~.- ...,..., -..;..........._.;.>"...............~..~... ANAHEIM CITY COUNCIL MEETING MINUTES MAY 14, 2002 PAGE 3 to taxpayers and that was worth $4 to $5 billion and the Governor was looking to refinance debt and he was still looking at expenditure reductions. Manager Morgan said that the budget included the City's standard reserves of 7 to 10 percent in the general fund and the City's reserves were at levels higher than that. Council Member Tait asked if Finance would go back and rework the budget if there was to be a hit to cities by the State. City Manager Morgan said that the City had to do that and had to have a balanced budget. Director Sweeney referred to a power point presentation regarding general fund expenditures, net discretionary draw, general fund revenue, transient occupancy tax revenue, sales tax revenue, property tax revenue, motor vehicle license fees, business license taxes and general fund transfers. A hard copy of the power point presentation was available in the City Clerk's Office. Mayor Pro Tem Feldhaus asked if staff had taken into consideration the effect on transient occupancy tax of Garden Grove's development of hotel rooms and Finance Director Sweeney said that they had. City Manager Morgan said that the City of Garden Grove was looking to expand their redevelopment area and that staff had submitted preliminary comments on Garden Grove's Notice of Preparation. He added that the draft environmental impact report comments were due on May 23, 2002 and that he would be meeting with the City Manager of Garden Grove. In response to Council Member Tait, City Manager Morgan said that if the State took structural action, the City would need to do so. Manager Morgan said he thought that if the Council were hesitant from backing off on some of the capital commitments, it would allow the State to do damage to the City and staff and Council had worked hard to not allow that to happen. At 2:45 P.M., Assistant City Manager, Tom Wood, presented the City Council budget, located on page 109 of the budget document. Refer to the power point presentation, hard copy available in the City Clerk's Office. At 2:50 P.M., Assistant City Manager, Tom Wood, presented the Administration budget, located on page 113 of the budget document. Refer to the power point presentation, hard copy available in the City Clerk's Office. At 2:54 P.M., City Clerk, Sheryll Schroeder, presented the City Clerk budget, located on page 133 of the budget document. Refer to the power point presentation, hard copy available in the City Clerk's Office. At 2:59 P.M., Mayor Pro Tem Feldhaus moved, seconded by Council Member McCracken, to adjourn the regular adjourned meeting of May 7,2002. Mayor Daly absent. Motion carried. Mayor Pro Tem Feldhaus called to order the regular meeting of May 14, 2002 at 3:00 P.M. At 3:00 P.M., City Attorney, Jack White, presented the City Attorney's budget, located on page 127 of the budget document. Refer to the power point presentation, hard copy available in the City Clerk's Office. >--- ...."............. '''..'___~,.._~''''"...-r~._..'' ANAHEIM CITY COUNCIL MEETING MINUTES MAY 14, 2002 PAGE 4 At 3:05 P.M., City Treasurer, Charlene June, presented the City Treasurer's budget, located on page 137 of the budget document. Refer to the power point presentation, hard copy available in the City Clerk's Office. At 3:25 P.M., Human Resources Director, David Hill, presented the Human Resources Department budget, located on page 205 of the budget document. Refer to the power point presentation, hard copy available in the City Clerk's Office. At 3:31 P.M., Finance Director, William Sweeney, presented the Finance Department budget, located on page 177 of the budget document. Refer to the power point presentation, hard copy available in the City Clerk's office. At 3:51 P.M., Executive Director of Planning and Community Development, Joel Fick, presented the Planning Department budget, located on page 211 of the budget document. Refer to the power point presentation, hard copy available in the City Clerk's office. Mayor Pro Tem Feldhaus opened the public hearing and hearing no public testimony, continued the public hearing to Tuesday, May 21,2002, at 2:00 P.M. Mayor Daly absent. Motion carried. ADDITIONSIDELETIONS TO CLOSED SESSION: None. PUBLIC COMMENTS - CLOSED SESSION ITEMS: None. Mayor Pro Tem Feldhaus moved to recess to Closed Session, seconded by Council Member McCracken. Mayor Daly absent. Motion carried. The Council recessed to Closed Session at 4:09 P.M. 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Kord Group v. The Fieldstone Company, et aI., Orange County Superior Court Case No. 76-32-58. 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: City of Yorba Linda v. City of Anaheim, Orange County Superior Court Case No. 01CC09320. 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: In re: Ogden New York Services, Inc. et aI., U.S. Bankruptcy Court No. 02-40846-cb (SDNY) 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: South Coast Cab Co. v. City of Anaheim, Orange County Superior Court Case No. 80-03-59. AFTER RECESS: Mayor Pro Tem Feldhaus reconvened the regular City Council meeting of May 14, 2002 to order at 5:25 P.M. and welcomed those in attendance. '-'....-.."...'...0...._............ ""-"'_'~_'N....".........=_.,,_, ANAHEIM CITY COUNCIL MEETING MINUTES MAY 14, 2002 PAGE 5 STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, City Clerk Sheryll Schroeder, Public Works Civil Engineer Natalie Meeks, Executive Director of Planning and Community Development Joel Fick, Zoning Division Manager Greg Hastings. INVOCATION: Reverend Bryan Crow FLAG SALUTE: Council Member McCracken 119 PROCLAMATIONS AND DECLARATIONS: Proclaiming May 2002 as Clean Air Month and recognizing the winners of the Children's Essay and Poster Contests. A recognition to be presented at a later date was a proclamation recognizing June 2, 2002, as Heritage Day at Oak Canyon Nature Center. ADDITIONSIDELETIONS TO THE AGENDA: None PUBLIC COMMENTS: James Robert Reade said he believed that the Housing Authority needed to intervene because a new mobile home at the Golden Skies Mobile Home Park was sinking and might be damaging the frame and supports beneath the home. He said that the homeowners that were involved had asked the sales manager, general manager and office manager to correct the problems and do what was necessary by law. Pastor John Paumier read a letter that he had submitted to Council regarding a major sewage back up into the building at the Spirit Life Worship Center and required extensive clean up and repair. Mayor Pro Tem Feldhaus referred Mr. Paumier to the City Manager's Office. MOTION: Mayor Pro Tem Feldhaus moved to waive reading in full of all ordinances and resolutions, seconded by Council Member McCracken. Mayor Daly absent. Motion carried unanimously. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A14: On motion by Council Member McCracken, seconded by Council Member Kring, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Council Member McCracken offered Ordinance No. 5811 for adoption. Mayor Daly absent. Motion carried. 118 A1. Reject certain claims filed against the City. A2. Receive and file Southern California Gas Company's Notice of Application to Decrease Rates, Application No. 02-04-036; FCC Forms 1205 and 1240; minutes of the Park and Recreation Commission meeting held January 23, 2002; and minutes of the Public Utilities Board meeting held April 4, 2002. 173 174 105 169 A3. Award the contract to the lowest responsible bidder, R.J. Noble Company, in the amount of $227,714.80, for the Kraemer Boulevard Project, north City limits to Miraloma Avenue, and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 175 169 170 123 123 123 160 160 105 123 142 ANAHEIM CITY COUNCIL MEETING MINUTES MAY 14, 2002 PAGE 6 A4. Award the contract to the lowest responsible bidder, Precision Pipeline, Inc., in the amount of $345,553, for the Claudina Street Water Main Replacement and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A5. Award the contract to the lowest responsible bidder, Pima Corp., in the amount of $1,210,643.50, for the Lincoln Avenue Median Island Improvement and Beautification (Phase II) Project and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A6. Approve and authorize the Mayor and City Clerk to execute the Final Map and Subdivision Agreement of Tract No. 16036 with Sheffield-Belmont I, LLC for property located at northwest Via Escola and Imperial Highway. A7. Approve and authorize the Mayor and City Clerk to execute the agreement with Lim & Nascimento Engineering Corp., in an amount not to exceed $320,000, for design services for the East Street, Raymond Avenue/SR-91 Freeway Interchange Improvement Project. A8. Approve and authorize the Mayor and City Clerk to execute the agreement with Advanced Applied Engineering, Inc., in an amount not to exceed $122,000, for design services for the Lincoln Avenue/ Brookhurst Street intersection improvements. A9. Approve and authorize the Mayor and City Clerk to execute the Cooperative Agreement, District Agreement No. 12-437, with Caltrans for the project design and construction oversight for the Tustin Avenue Overcrossing Widening Project at the SR-91 freeway. A10. Accept the low bid of PAl Systems, Inc., in the amount of $69,358 (excluding tax), for three voice logging recorders for the Public Utilities Department in accordance with Bid #6278. A 11. Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase order to L.N. Curtis & Sons, in the amount of $47,168.80, plus tax, for 11,840 feet of various lengths and sizes of fire hose. A 12. Instruct the City Clerk to post the Notice of Unscheduled Vacancy for the vacancy created by Marjorie Rothrock's resignation from the Library Board, term to expire June 30, 2005. A13. Approve and authorize the City Manager to execute Amendment NO.1 to the Workforce Investment Act Vendor Agreement with California Learning Center, Inc. for provision of occupational skills training services. A14. ORDINANCE NO. 5811 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Chapter 13.10 to Title 13 of the Anaheim Municipal Code regulating the use of skate parks and skateboarding facilities. END OF CONSENT CALENDAR ;,",".,..~ ';.-;;; ,....,..;."'''''.,.......'-I'~A'.~"..._~._,~..'~~.n". ANAHEIM CITY COUNCIL MEETING MINUTES MAY 14, 2002 PAGE 7 Items B1 throuah B8 From Plannina Commission MeetinQ of April 22. 2002: (No action by City Council required unless expressly indicated. Council may consider and act upon such matters at its discretion. Items requiring a public hearing may be set for hearing at a later date upon the request of any two Council members.) APPEAL PERIOD ENDS MAY 14, 2002: B1. 179 179 B2. B3. 179 CONDITIONAL USE PERMIT NO. 2002-04523 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Julia T. Kan, 634 Crest Vista Drive Monterey Park, CA 91754 AGENT: EI Misti Picanteria Arequipena, 1551 Brookhurst, Unit 3 Fullerton, CA 92833 LOCATION: 3070 West Lincoln Avenue. Units D-E. Property is approximately 1.4- acres located at the southeast corner of Lincoln Avenue and Grand Avenue. Request to permit on-premises sale and consumption of beer and wine within an existing restaurant. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2002-04523 granted (PC2002-57) (6 yes votes, Commissioner Boydstun absent). CONDITIONAL USE PERMIT NO. 2002-04529 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Pan Pacific, 1631 South Melrose Drive, Suite B Vista, CA 92083 AGENT: Los Compadres Mexican Restaurant, Attn: Ruben Serrato-Rivera, 2219 West Ball Road, Anaheim, CA 92804 LOCATION: 2219 West Ball Road. Property is approximately 15.86- acres located at the northwest corner of Ball Road and Brookhurst Street. Request to permit on-premises sale and consumption of beer and wine within an existing restaurant. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2002-04529 granted (PC2002-58) (6 yes votes, Commissioner Boydstun absent). WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2002-04528 CATEGORICALLY EXEMPT - CLASS 3: OWNER: Ofelia Sanchez, 1190 North Cherry Way Anaheim, CA 92801 AGENT: Bettina Montes, 817 North Broadway, #C Santa Ana, CA 92701 LOCATION: 1190 North Cherry Way. Property is approximately 0.18-acre with a frontage of 67 feet on the east side of Cherry Way located 93 feet south of the centerline of Romneya Drive. Request to permit and retain an unpermitted granny unit in conjunction with an existing single-family residence with waivers of a) minimum number of parking spaces, b) minimum front yard setback and c) permitted encroachment into required yards (deleted) . ACTION TAKEN BY THE PLANNING COMMISSION: Waiver of Code Requirement denied (6 yes votes, Commissioner Boydstun absent). Conditional Use Permit No. 2002-04528 denied (PC2002-59). 179 179 179 179 ANAHEIM CITY COUNCIL MEETING MINUTES MAY 14, 2002 PAGE 8 City Clerk, Sheryll Schroeder, announced that a letter of appeal had been submitted by the agent. REPORTS AND RECOMMENDATIONS: B4. CONDITIONAL USE PERMIT NO. 3921 (TRACKING NO. CUP 2002-04525) - REQUEST FOR SUBSTANTIAL CONFORMANCE AND NEGATIVE DECLARATION: Desapriya Jinadasa, 1112 North Brookhurst Street, # 1, Anaheim, CA 92801, requests determination of substantial conformance to retain an existing unpermitted storage shed for a previously-approved convenience market. Property is located at 1112 North Brookhurst Street, Suite 1 - Cheers Market. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3921 determined not to be in substantial conformance (6 yes votes, Commissioner Boydstun absent). Negative Declaration previously approved. 179 B5. ZONING CODE AMENDMENT NO. 2002-00015 - REQUEST FOR REVIEW AND APPROVAL OF A DRAFT ORDINANCE CEQA EXEMPTION SECTION 15061 (b)(3) GENERAL RULE: City-initiated (Planning Department), request for review and approval of a draft ordinance containing Zoning Code [Title 18] modifications related to entitlement and parking requirements for computer rental/internet amusement businesses. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended to the City Council approval of the draft ordinance of Zoning Code Amendment No. 2002-00015 (6 yes votes, Commissioner Boydstun absent). B6. CONDITIONAL USE PERMIT NO. 1937 AND 2490 (TRACKING NO. CUP 2002-04540) - REQUEST FOR TERMINATION: Ponderosa Property Management, Attn: Russ Manion, 202 West Lincoln Avenue, Suite E, Orange, CA 92865, requests termination of Conditional Use Permit No. 2490 and 1937. Property is located at 3331 and 3339 East Orangethorpe Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit Nos. 1937 and 2490 terminated (PC2002-55). B7. ZONING CODE AMENDMENT NO. 2001-00013 - REQUEST FOR REVIEW AND APPROVAL CEQA EXEMPTION SECTION 15061 (b)(3) GENERAL RULE: City of Anaheim, (Planning Department), 200 South Anaheim Boulevard, Suite 162, Anaheim, CA 92805, requests review and approval of a Zoning Code amendmel.. pertaining to Home Occupations. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended to the City Council approval of the draft ordinance of Zoning Code Amendment No. 2001-00013 (6 yes votes, Commissioner Boydstun absent). B8. CONDITIONAL USE PERMIT NOS. 1144. 3106. AND 3842 (TRACKING NO. CUP 2002-04541) AND VARIANCE NO. 4158 (TRACKING NO. VAR 2002-04504)- REQUEST FOR TERMINATION: Pacific Theaters, Attn: Mark A. Miller, 120 North Robertson Boulevard, Los Angeles, CA 90048, requests termination of Conditional Use Permit Nos. 1144, 3106, and 3842 and Variance No. 4158. Property is located at 2150- 2170 South State College Boulevard. ACTION TAKEN BY THE PLANNING COMMISSION: "~.......... ''''t. --~.. ~._-_."""""...."...,-_......__.. , 176 179 ANAHEIM CITY COUNCIL MEETING MINUTES MAY 14, 2002 PAGE 9 Conditional Use Permit Nos. 1144, 3106 and 3842 and Variance No. 4158 terminated (PC2002-56) (6 yes votes, Commissioner Boydstun absent). At 5:35 P.M., Mayor Pro Tem Feldhaus moved to recess the Anaheim City Council meeting to 6:00 P.M. for public hearings, seconded by Council Member McCracken. Mayor Daly absent. Motion carried. At 6:01 P.M., Mayor Pro Tem Feldhaus reconvened the Anaheim City Council meeting. 6:00 P.M. PUBLIC HEARINGS: C1. A public hearing to consider the abandonment of excess street right-of-way, generally located near the terminus of Avenida De Santiago. At its meeting held April 9, 2002, Item A 10, the Anaheim City Council adopted Resolution No. 2002R-70 declaring its intention to vacate certain public streets, highways and service easements near the terminus of Avenida De Santiago (Abandonment No. ABA2002-00050). Public Works Civil Engineer, Natalie Meeks, said that the Public Works Department processed an abandonment of a portion of Avenida de Santiago in 1987, based on a realignment of the roadway. She said that the legal description was incomplete and a portion of the abandonment was left off. Public Works was processing the abandonment to allow the property owner to develop with the proper setbacks from the newly aligned roadway. Mayor Pro Tem Feldhaus opened the public hearing and hearing no public testimony, closed the public hearing. Mayor Pro Tem Feldhaus moved, seconded by Council Member McCracken, to approve the CEQA Finding of Categorically Exempt, Class 5. Mayor Daly absent. Motion carried. Mayor Pro Tem Feldhaus offered Resolution No. 2002R-100 for adoption. RESOLUTION NO. 2002R-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS FOR ABANDONMENT NO. 2002-00050. Roll call vote: Ayes - 4, Mayor Pro Tem Feldhaus and Council Members McCracken, Tait, and Kring. Noes - O. Absent - 1, Mayor Daly. Motion carried. C2. CONTINUED PUBLIC HEARING: CONDITIONAL USE PERMIT NO. 2001-04499 AND NEGATIVE DECLARATION: OWNER: Tosco Corp., 2585 West La Palma Avenue Anaheim, CA 92801 AGENT: Olfati Design Group, Attn: AIi R. Dogmetchi 5199 East Pacific Coast Highway, Suite 320N, Long Beach, CA 90804 -"", -...... 179 ANAHEIM CITY COUNCIL MEETING MINUTES MAY 14, 2002 PAGE 10 LOCATION: 2585 West La Palma Avenue. Property is approximately 0.52-acre located at the northeast corner of Magnolia Avenue and La Palma Avenue [Union Oil (76) Service Station]. Requests to establish conformity with existing Zoning Code land use requirements for an existing automobile service station and to permit the conversion of the existing service station building into an accessory food mart with sales of beer and wine for off premises consumption. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2001-04499 denied (PC2002-31) (4 yes votes, Commissioners Bostwick, Boydstun and Vanderbilt absent). Negative Declaration approved. (Informational item at the Council meeting of March 19, 2002, Item B2. Planning Commission's decision appealed by the Agent Ali Dogmetchi. Continued from the Council meeting of April 23, 2002, Item C5). MOTION: CEQA FINDING: NEGATIVE DECLARATION. RESOLUTION NO. CONDITIONAL USE PERMIT NO. 20001- 04499. Mayor Pro Tem Feldhaus moved, seconded by Council Member McCracken, to continue Item C2 to July 2,2002, as requested by the applicant. Council Member Tait abstained and Mayor Dalyabsent. Motion carried. C3. VARIANCE NO. 2002-04489 CATEGORICALLY EXEMPT - CLASS 5: OWNER: Barbara Cotler, 4747 Forman Avenue North Hollywood, CA 91602 AGENT: Imperial West, LLC., Attention: Pablo Villanueva 12741 Bellflower Boulevard, Downey, CA 90242 LOCATION: 739. 743 and 745 North Harbor Boulevard. Property is approximately 0.45-acre with a frontage of 180 feet on the west side of Harbor Boulevard located 180 feet south of the centerline of North Street. Requests waivers of a) minimum front yard setback and b) orientation of residential structures adjacent to arterial highways to construct three single-family residences. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 2002-04489 granted (PC2002-50) (5 yes votes, Commissioners Boydstun and Vanderbilt absent). (Informational item at the Council meeting of April 9, 2002, Item 65. Review of the Planning Commission's decision requested by Mayor Daly and Council Member Feldhaus. Continued from the Council meeting of May 7,2002, Item C1). Executive Director of Planning and Community Development, Joel Fick, noted that Mayor Daly, in his absence, had received information on the public hearing and had responded to Mr. Fick that he was comfortable with the project. Mayor Pro Tem Feldhaus opened the public hearing. Pablo Villanueva, applicant for the project, noted that special attention had been given to the project since it fell within the Historical District. He stated that he had worked very diligently with ......... ""'--'---;;- ANAHEIM CITY COUNCIL MEETING MINUTES MAY 14, 2002 PAGE 11 the Planning Department and Neighborhood Preservation to design a project that would fit in the neighborhood and would be a great addition to the area. The property was currently a vacant lot, he said, and it appeared that people used it for a parking lot. With respect to the variance for the front yard setback, he emphasized that the three houses would sit at 35-feet from Harbor Boulevard which was an additional ten-feet more than others. He said he did not know what the plans were for widening Harbor Boulevard, but the houses were to sit back ten-feet further than everyone else. Mayor Pro Tem Feldhaus closed the public hearing. Mayor Pro Tem Feldhaus said that he thought that there should be ten feet for landscaping and 15-feet for future widening and Director Fick explained that there was 25-feet with the ultimate dedication and the proposed structure would be set back an additional 10-feet and would have a greater setback than all the other homes in the vicinity. In response to Mayor Pro Tem Feldhaus, Director Fick said the orientation to the frontage faced Harbor Boulevard. He mentioned that the historic preservation architect and a number of people from the Colony Historic District reviewed the home and the Planning Commission approved it. Mayor Pro Tem Feldhaus moved, seconded by Council Member McCracken, to approve the CEQA Finding of Categorically Exempt, Class 5. Mayor Daly absent. Motion carried. Mayor Pro Tem Feldhaus offered Resolution No. 2002R-101 for adoption. RESOLUTION NO.: 2002R-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2002-04489. Roll call vote: Ayes - 4, Mayor Pro Tem Feldhaus and Council Members McCracken, Tait, and Kring. Noes - O. Absent - 1, Mayor Daly. Motion carried. 179 C4. VARIANCE NO. 2001-04432 - REVIEW OF FINAL PLANS AND NEGATIVE DECLARATION: Donald Skjerven, 1020 North Batavia Street, Suite Q, Orange, CA 92867, requests review of final floor, elevation, site and fencing plans. Property is located at 1628 West Orangewood Avenue (This Variance was originally approved concurrently with Reclassification No. 2001-00047 and Tentative Parcel Map No. 2000- 211 ). ACTION TAKEN BY THE PLANNING COMMISSION: Approved finals plans, with stipulations, to Variance No. 2001-04432 (5 yes votes, Commissioner Boydstun voted no and Commissioner Vanderbilt absent). Negative Declaration previously approved. (Informational item at the Council meeting of April 9,2002, Item B6. Review of the Planning Commission's decision requested by Council Member Feldhaus and Mayor Daly). Council Member Kring declared a conflict of interest and left the Council dias. Zoning Division Manager, Greg Hastings, presented a staff report and stated that the Variance was approved by Council in September 2001, in order to allow two single-family lots to be developed with three waivers, including minimum lot and depth adjacent to an arterial highway, "~,. ,.... ANAHEIM CITY COUNCIL MEETING MINUTES MAY 14, 2002 PAGE 12 the orientation of the houses and required lot frontage. He said that the only item before the Council this date, since the variance was approved, was the final review of the floor plans, elevations, site plans and fencing. The Planning Commission had recently approved the final plans with some minor stipulations that included additional architectural enhancement. Planning Commission had clarified that a drainage study would need to be submitted to the City Engineer in conjunction with the grading plan to ensure compliance with City drainage requirements, as was normally required, he said. The final plans submitted by the developer showed two identical 2,500 square foot floor plans for the five-bedroom, four-bath homes. He said both houses would have front doors facing the north towards Orangewood Avenue and the three-car garages would face east. Code required a five-foot wide side yard setback adjacent to the west property line, he said that the developer proposed to double that to ten-feet. He said that in addition, the second-story windows facing west would contain obscure glass. Code did not require fencing between single-family homes and the applicant proposed to construct the six- foot high block wall adjacent to the east property line, as a required condition of approval of the Planning Commission, he said, and a six-foot high wood or vinyl fence adjacent to the south and west property lines. Mayor Pro Tem Feldhaus opened the public hearing. Donald Skjerven stated that he had worked very diligently with the Planning Department and he had met all of the recommendations and requirements of the conditions. He said he had initially applied for three houses and the neighbors had wanted two houses and he had complied with that. He said that he had a study from the Engineer regarding the drainage and he submitted a copy to Council. Barbara Selleck said she lived due north of the subject project and she said that Mr. Skjerven had acquiesced on everything asked for by her and the neighbors. She said that there was no end to what was being asked for by one of her neighbors and she was in favor of the project. Chalare Nokes said that she and her husband owned the property adjacent to the west side of Mr. Skjerven's proposed subdivision. She and her husband opposed the zoning variance that granted the two-lot, residential subdivision on the property and opposed the waivers to the Anaheim Municipal Code that included lot depth, orientation of structure that applied to lot one and the waiver of lot frontage on a public or private street for lot two. She said that the two proposed lots would result in a subdivision of two extremely abnormal residential lots. Lot two had a substandard drainage system that was questionable and the proposed two-story homes were of the design used specifically in large tracts and they were of the size and orientation that was non-existent in her neighbor, she said. They would be physically and visibly intrusive and the one-story homes adjacent the subdivision would have the privacy of the back yards destroyed. The narrow private street to access the two proposed homes dead-ended and did not provide space to turn around or park and could be easily blocked, she said, preventing emergency services to the homes and would add more congestion to a growing traffic problem on Orangewood Avenue. Mayor Pro Tem Feldhaus informed Mrs. Nokes that the part of the plan she was referring to had been approved and that the final plans were for consideration of the drainage and site plans. Mrs. Nokes said she had requested that a block wall be built and Planning Commission had elected to leave that up to the builder. She stated that the drainage was a problem and the system that was there was 42 years old and she did not know how long it would last. She said that water backed up and flooding occurred in that area and if the drainage was blocked in the " ._ __..._....,......,.. .. .,_____ .. .......,.;.............. _,"_",,-'_,",,''''_''__~_.. m.....__ ANAHEIM CITY COUNCIL MEETING MINUTES MAY 14, 2002 PAGE 13 condominium apartments where it exited, the water would back up and cause a problem for the two homes. She said that a petition had been passed around and it was unanimously agreed that the project was out of character for the neighborhood and very much unwanted. B.J. Boche said that the first petition that circulated was for the three-homes, not the approval of two, two-story homes, and she rechecked the neighborhood again, and there were about 50- signatures against the two homes and the neighborhood did not want them. Donald Skjerven said that with regard to the drainage problem, there was now an established grading plan. He said one of the concerns of the civil engineer was that the flow back to that pipe was not increased. He said the flow had been decreased and it used to accept .92 cubic feet per second and after the establishment was put in place, it would receive .76 cubic feet per second. The front lot drained towards Orangewood, he said, and the back lot drained towards the existing drainpipe. It would all need to be inspected and approved by the City inspector, he noted, and it should be built to Code and Anaheim specifications. He had proposed a block wall between his property and Mrs. Nokes property and proposed to split the cost and Mrs. Nokes refused to do that. He then proposed a wood fence, which was typical in the area. He said that there were two-story houses to the south of the project and to the east. He reported that the engineer's letter had spoken of trying to place a block wall there, like Mrs. Nokes had requested, and Mr. Skjerven said he would have to destroy her retainer wall to do that and he was not willing to take the responsibility. He said if he moved the wall to the west and encroached on his property even more, it would leave about a two-foot void between the two walls, which would not be drainable or maintained and it would be unsafe. He said the most practical solution would be to put up a wood fence and attach it to her retainer wall or place one on top. Mrs. Nokes would be loosing 4/10ths of a foot and she had lived without a fence there. He was willing to agree to do the block wall and it would be necessary to tear out her wall. Mayor Pro Tem Feldhaus closed the public hearing. Mayor Pro Tem Feldhaus said that he had spoken to staff that had informed him that there was a historical drainage channel in the back. Civil Engineer, Natalie Meeks, said that there was a drainage facility on the neighbor's property and the subject property for the project had historically drained through that facility. She said Public Works had recommended, during the planning process, that they drain the new development portion, the hardscape and the driveways out to Orangewood Avenue and the portion of the back yard in lot two would remain draining to the existing drainage facility and would not eliminate all the flows to the existing drainage device. In response to Mayor Pro Tern Feldhaus, Ms. Meeks responded that Mr. Skjerven's property was low in the back and that was why it had the drainage device that carried the water out of it and drained out to and under Della Lane. She said to get it to drain out to Orangewood Avenue, it would need to be built up, import dirt a couple of feet to drain it out to Orangewood Avenue. She said that the drain originated at the corner of Mr. Skjerven's lot and that was the upstream end of it and it had been there since 1961 as far as she could tell. Public Works was looking at, and making sure that the building pads that were developed were high enough so that if for some reason it clogged or backed up, it would still drain out to Orangewood Avenue. The back yard would flood but the houses would not flood and the water would surface flow out to Orangewood Avenue if something happened and the drainage was blocked. ANAHEIM CITY COUNCIL MEETING MINUTES MAY 14, 2002 PAGE 14 Council Member McCracken noted that Council had received a letter from the Engineer and she said before anything could be done there, the grading, drainage and all of the situations had to be permitted and approved by City staff. Civil Engineer Meeks said that they would need to submit grading plans to the Public Works Department and have them approved before receiving a building permit. Council Member McCracken said that according to the engineer's report, it appeared that Mr. Skjerven was cutting almost 1/3 of the drainage out of the drainage pipe. Civil Engineer Meeks said that they were reducing the amount of flow that went to the drainage device. Mayor Pro Tem Feldhaus noted that the fencing plans were for either wood or plastic by the developer, or a block wall if Mrs. Nokes were to split the cost. Zoning Division Manager Hastings said that the proposal made at the Planning Commission level was a wood or plastic fence at the discretion of the two property owners and Mr. Skjerven had added to that a block wall if they both agreed to split it. Director Fick said that there was nothing in the Planning Commission decision or recommendation that would preclude the two property owners to work out the block wall. In response to Council Member Tait, Director Fick said that there was some dispute about where exactly the wall fell on whose property and there was concern about the ability to construct it on the wall itself. Council Member Tait noted that the developer was allowed to build the fence on his property line as shown in the plans. Mayor Pro Tem Feldhaus moved, seconded by Council Member Tait, to approve the final floor plans, building elevations, site and fencing plans, subject to the same four conditions as imposed by the Planning Commission and the block wall was left to the discretion of the neighbors. Mayor Daly absent and Council Member Kring abstained. Motion carried. Report on Closed Session Actions: None. Council Communications: Council Member Kring noted that the Children's Art Festival would be held on Center Street Promenade on May 18, 2002. Council Member Tait noted that Code Enforcement had painted 572,000 square feet of graffiti and he mentioned that if anyone spotted graffiti they should contact the City and it would be removed within 48 hours. Council Member McCracken reported that May 15, 2002, at 6:00 p.m. the Orange County Sanitation District would have a report from the scientists that had studied the quality of the ocean water and the effects of the Sanitation District outfall on the quality of the water and processing of sewage. Mayor Pro Tem Feldhaus reported that the 10th Annual Children's Art Festival would be held in the downtown area from 8:00 a.m. to 3:00 p.m. > .~....... ...... .Jof"."'...,r'....,.....'-..._'_.'....,. ANAHEIM CITY COUNCIL MEETING MINUTES MAY 14, 2002 PAGE 15 Adjournment: There being no further business to come before the City Council, Mayor Pro Tem Feldhaus adjourned the May 14, 2002 meeting to May 21,2002 at 2:00 P.M. for the continued 2002/03 budget public hearing Respectfully submitted: ~~ Sheryll Schroeder, CMC/AAE City Clerk _..~ ...,. ..".",_'~.-. ......._____.. ._"'_~",.;..__c