2004/06/08
ANAHEIM, CALIFORNIA - CITY COUNCIL
ADJOURNED REGULAR MEETING
June 8, 2004
The City Council of the City of Anaheim met in adjourned regular session.
PRESENT: Mayor Curt Pringle, Council Members: Richard Chavez, Bob Hernandez, Shirley
McCracken, and Thomas Tail.
STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, and City Clerk
Sheryll Schroeder.
A copy of the agenda for the meeting of the Anaheim City Council was posted on June 4, 2004
at the City Hall outside bulletin board.
Mayor Pringle had adjourned the May 25,2004 meeting to June 8,2004 at 2:00 P.M. for a
continued public hearing on Anaheim's Fiscal Year 2004/05 Budget. Mayor Pringle called the
adjourned regular meeting of May 25,2004 to order at 2:13 P.M. in the Council Chambers of the
Anaheim City Hall, 200 South Anaheim Boulevard.
PUBLIC HEARING:
106 FISCAL YEAR 2004/05 DEPARTMENTAL BUDGET
City Manager David Morgan indicated this was a continued public hearing to review and adopt
the City's budget for 2004/05 and the public hearing would be continued to June 15, 2004 at
2:00 p.m.
Providing details on the City Clerk's departmental budget, City Clerk Sheryll Schroeder reported
staffing consisted of seven full-time and one part-time position which provided for the
maintenance of official records for the City, the conduct of municipal elections and passport
services. Citing current accomplishments and goals for the new fiscal year, Mrs. Schroeder
indicated the total budget appropriation request was $800,656, slightly higher than the previous
year due to the cost associated with the 2004 municipal election.
Chief John Welter presented an overview of the Police Department budget, providing a
breakdown of the departmental organization and staffing levels which consisted of 370 sworn
officers, 190 civilians and 40 volunteers and reflected appropriations of $85,898,258 to be offset
by the collection of revenues in the amount of $7.5 million.
Chief Welter commented that over the past several years, Anaheim had seen a steady decline
in crime rates but that the trend was starting to reverse. He also remarked that Anaheim's
population had steadily increased while the ratio of officers to population had decreased
recognizing that the decrease was, in part, due to the successful crime rate statistics as well as
to past economic constraints. Chief Welter also pointed out gang related crimes had increased
regionally and the Police Department would be focusing their efforts on gang violence this
summer. The Police Department, he affirmed, would continue to work with the community in
outreach programs to go after the other side of the crime triangle - victims and locations. Chief
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ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 8, 2004
PAGE 2
Welter also touched on Homeland Security issues citing Anaheim was named recipient of 2004
Urban Area Security Initiative funds.
Department objectives for the coming year would be to review the current strategic plan to
determine its relevancy, evaluate current staffing levels along with deployment models, focus
efforts on emerging crime trends, continue working with existing community outreach programs
and encourage development of new ones, exam existing social service programs and initiatives
such as a family justice center concept and family court and to fully assess the departments
strengths and weaknesses.
Council Member Chavez commented on the need for additional revenues to increase the
number of police officers on the streets and to ensure salaries were competitive in the market
place. Council Member McCracken asked if Chief Welter would be balancing current new and
future technologies when assessing the department's strengths and weakness, receiving the
reply that all technology uses would be considered as they related to more efficient use of
officers' time. Council Member Tait remarked on the successful crime clearance rate for the
Anaheim Police Department.
Mayor Pringle questioned the high cost of overtime for 2003/04 versus the dramatic lower
appropriation for 04/05. Finance Director Bill Sweeney indicated the high overtime use was due
to lower staffing levels, with many positions remaining vacant during that time period. He stated
with the filling of those vacant positions to the 370 budgeted positions identified in the proposed
budget for 2004/05, overtime usage would decrease. Mayor Pringle requested and received
clarification as to whether fuel costs were adequately addressed.
Fire Chief Roger Smith shared the highlights and challenges of his department. With a budget
appropriation total for 2004/05 of $44.8 million, Chief Smith anticipated $8 million in revenues to
help offset general fund expenses. He related that 80 percent of his budget was in personnel
costs and five percent in discretionary expenses which presented challenges in meeting the 2.5
percent budget reduction mandate. To meet the 2.5 percent budget reduction, core services
would be impacted, stated Chief Smith. This would occur through the restructuring of the
organization from four divisions into two, decreasing capital expenditures to put off needed
station and equipment improvements, decreasing specialized training and with the reduction of
a fire company for six months. He pointed out that in the last 28 years, Anaheim's population
had increased from 185,000 to 342,000 while still providing the same general level of services
with the addition of one fire station during that time period. He expressed concern that to shut
down a fire unit for 185 days a year to realize the 2.5 percent departmental reduction would
reduce that unit's availability to 66 percent.
Council Member Hernandez asked what the impact would be to reciprocal agreements with the
removal of this fire engine. Chief Smith did not anticipate repercussions for the removal of that
particular unit as the system would flex enough not to impact the North Agency partners. In
reply to Mayor Pringle's question, Fullerton was increasing staffing to the paramedic
assessment unit. Additionally, no agencies immediate to Anaheim's borders were in a reduction
scenario with firefighting personnel excluding the City of Santa Ana, reported Chief Smith.
In terms of putting things into context, City Manager David Morgan stated that at the last
meeting there was an overview presented that talked about: budget reduction goals to minimize
impacts to services and employees; the $16.3 million deficit, which had been met through labor
cost containments where half the employees in City of Anaheim agreed to a year without pay
ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 8, 2004
PAGE 3
increases; the use of non-recurring funds or transfers of $5 million that included turning the
switch off on $3 million in Community Improvement funds which had long been a priority of
Council; and recommending about $4.8 million in service reductions reflected by the 5 percent
budget reductions in non-public safety departments this year. Mr. Morgan pointed out those
departments had incurred approximately 8 percent reductions in the previous 18 months for a
total of 13 percent. Additionally to meet that deficit, stated Mr. Morgan, there was about $4.5
million in revenue enhancements. This information had been presented to Council prior to the
new agreement reached with the State of California which was going to impact Anaheim with
additional $2.4 million in take-aways for each of the next two years and staff was asking Council
to consider the use of reserves for that impact. Mr. Morgan also pointed out the Fire
Department budget was recommended to increase by 10 percent next year from $41 million to
$45 million. The reality, he remarked, was labor costs had gone up at such a rate that in order
to not have layoffs in the Fire Department, there were some service reductions being
recommended to meet the 2.5 percent budget reduction.
Mayor Pringle confirmed that every department was asked to reduce their budget by 5 percent,
with the public safety departments contributing a 2.5 percent budget reduction. He remarked
that Council looked to each department head to provide the best option to address those
reductions and to recommend those options to the Council. Chief Smith indicated the outlined
reduction was the option with the least impact to his department. Additionally, Mayor Pringle
questioned the collection of $580 for bicycle licenses. Mr. Morgan indicated a report and
recommendation on that license fee would be provided to council.
Remarking that as the economy improved and the State's pressure on local government ended,
the Mayor requested staff address the fire station needs in West Anaheim. Chief Smith had
indicated that the Westside fire station improvements were his first priority, the ageing fire truck
fleet his second and Fire Station 5 on Kramer was his third priority. Mayor Pringle then
requested Mr. Morgan consider options to begin the planning process and create a time line in
the future to address this item when resources are available. Council Member McCracken
indicated Station 4 improvements had been delayed for 8 years and there could be one-time
funds come available to address this issue.
Council Member Chavez concurred with the need for Station 4 improvements. He also
commented that two years ago, the Fire Department training division was gutted and the City
ended up using an on-duty fire truck for training, which took that unit out of service. He felt
another method should be found rather than taking an additional fire engine out of service as
decreased response times were a potential liability. Council Member Chavez also remarked on
the PERS contribution rates, indicating the firefighters had agreed to pick up most of the cost on
their own.
In reply to Council Member Tait, Chief Smith indicated the unit would still be available during
emergencies.
Mayor Pringle adjourned the meeting of May 25, 2004 at 3:34 p.m. to call to order the meeting
of June 8, 2004.
Charles Ahlers, Anaheim Visitors and Convention Bureau, indicated 2003/04 was a period of
recovery for the Anaheim resort area and hotel accommodations were up in occupancy with an
increase in the average room rate. His department would continue to: increase visitor
spending, bureau funding and convention meeting spaces; provide greater business
ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 8, 2004
PAGE 4
opportunities for members; and advocate for industry issues and visitor industry infrastructure.
Mr. Ahlers stated his department was down from 55 to 49 full-time staff with the addition of a
Vice President of Marketing to the staff. His budget assumptions included a stronger economy
and moderate increase in the transient occupancy tax. He also noted an economic impact
study was underway.
Mr. Ahlers provided specifics as to convention sales and goals for the new fiscal year. Mayor
Pringle recommended higher convention sale goals than shown. Discussion was held as to the
method of tracking and determining those sales. Mr. Ahlers also provided a competitive
analysis with other California resort destinations as well as an analysis of convention centers
nationwide.
Gregory Smith, Executive Director of the Convention, Sports and Entertainment Department,
presented and overview of his departmental budget. Comprised of four divisions, Anaheim
Convention Center, Angel Stadium, Arrowhead Pond, The Grove and Sportstown, his staff
consisted of 86 full-time positions. The total budget appropriation request was for $48.5 million
with the Convention Center utilizing $37.2 million. Mr. Smith commented that the Convention
Center had gained the attention of the film industry, received the 2003 Prime Site Award and
2003 Planner's Choice Award. Historical attendance numbers and exhibition hall occupancy
numbers were provided by Mr. Smith as well as 2003/04 accomplishments. Mr. Smith reported
the convention center was 10 years without a general fund subsidy and it was the first time in
the 37 -year history of the center that the debt was not fully paid by a general fund transfer of
transient occupancy tax revenues all of which he attributed to the strength of the convention
center. He explained the convention center was funded by space rentals, parking fees, and
food and beverage sales, and utility revenues.
Mr. Smith reported Angel Stadium had been received well and exceeded seating attendance
expectations by $320,000. Improvements such as new score boards, video replay boards and
the construction of the new owner's suite had also been well received. He explained the
stadium was funded from land leases, parking license fees, baseball threshold revenues, city
parking lot event rental and RDA tax incremental revenue and that revenues for Angel Stadium
were anticipated to increase for 2004/05.
The Grove of Anaheim had been profitable since December 2002, noted Mr. Smith. The first
year of operation for calendar year 2003 exceeded projections and generated $512,000 in profit.
The City's benefit from this revenue was $256,000 and it was projected to be $200,000 in the
next fiscal year.
With regard to the Arrowhead Pond, Mr. Smith indicated operations and financial obligations
were successfully transitioned to Anaheim Arena Management in December 2003. The Pond,
he reported, was projected to perform slightly better than breakeven in fiscal year 2004/05
which would be the best financial performance of the Pond in its 11 year history. Mr. Smith
noted the Pond continued to be the dominant arena in Southern California and attracted events
such as the U.S. Olympic Gymnastic team trials, Madonna, Prince, and Phil Collins. He
remarked that 2004 would be a record year in concert bookings for the Pond with 36 evens and
200 event days booked.
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ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 8, 2004
PAGE 5
Mayor Pro Tem Chavez opened the budget hearing to public comments. Receiving none,
Mayor Pro Tem Chavez adjourned the meeting to June 15, 2004 for a continued public hearing
and recessed to Closed Session for the following purposes:
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS - CLOSED SESSION: None
1. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Subdivision (a) of
Section 54956.9 of the Government Code
Title: Southern California Gas Company v. City of Anaheim, et aI., Orange County
Superior Court Case No. 03CC08366.
2. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Subdivision (a) of
Section 54956.9 of the Government Code
Title: Larry Singer, et al. v. Disney Sport Enterprises, el aI., USDC Case No. CV04-
3156 CBM (JWJx)
Mayor Pringle called the regular Council meeting to order at 5:19 P.M. and welcomed those in
attendance.
INVOCATION:
Elder Norm Kredit, Anaheim Christian Reformed Church
FLAG SALUTE:
Council Member Tait requested a moment of silence in honor of former
President Ronald Reagan
PRESENTATIONS:
Recognizing the Loara High School Drum Line on winning the Percussion Scholastic A
Division World Championship.
Recognizing the 2004 Cinco de Mayo Queen, Silvia Gonzalez.
RECOGNITIONS (To be presented at a later date):
Recognizing Albert and Wilma Lazar on their 50th wedding anniversary.
Recognizing Kidsingers.
Proclaiming June 14, 2004, as Army Appreciation Day
Mayor Pringle recessed the Anaheim City Council to call to order the Anaheim Redevelopment
Agency at 5:31 P.M. and reconvened the meeting at 5:36 P.M.
ADDITIONS/DELETIONS TO THE AGENDA:
PUBLIC COMMENTS:
Daniel D. Meyer, resident, requested assistance on a parking problem at 1717 South
Brookhurst. Patrons of Islamic Society were blocking fire hydrants or access to residential
driveways on Fridays. Mayor Pringle requested staff review the issue with the possibility of red
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ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 8, 2004
PAGE 6
curbs being placed in front of fire hydrants or to prevent driveway blockage. City Manager
David Morgan would provide a report and action plan on this issue.
CONSENT CALENDAR:
Council Member Tait abstained on Item A 15 due to potential conflict of interest. Council
Member Hernandez abstained on Item A21.
Council Member McCracken moved approval of Consent Calendar Items A 1- A21, seconded by
Councilmember Chavez, to waive reading in full of all ordinances and resolutions and to
approve the following in accordance with the reports, certifications and recommendations
furnished each Council Member and as listed on the Consent Calendar. Roll Call vote: Ayes-
5; Mayor Pringle, Council Members: Chavez, Hernandez, McCracken and Tait. Noes - O.
Motion carried.
118 A 1. Reject certain claims filed against the City.
105 A2. Receive and file minutes form the Public Library Board meeting held April 12, 2004;
minutes from the Budget Advisory Commission meeting held April 21, 2004; and notice
received from Southern California Edison regarding Application A.04-04-005.
160 A3. Waive the sealed bid requirement of Council Policy No. 306 and authorize the
Purchasing Agent to issue a purchase order to Dynamic Technologies, Inc., dba Ocean
Systems, in the amount of $24,304 (plus tax), for a videotape enhancement system for
the Police Department.
160 A4. Waive the sealed bid requirement of Council Policy No. 306 and ratify the issuance of a
purchase order to Robert G. Castoniga, Inc., in the amount of $38,016.07 (tax inclusive),
for the emergency repair of a water line for the Utilities Department.
123 AS. Accept the bid of Pacific Breaker Systems, Inc., in an amount not to exceed $434,217
(excluding tax), for the replacement of air circuit breakers in various substations and
authorize the Public Utilities General Manager to execute and take any and all
necessary actions to implement the agreement in accordance with Bid #6435.
123 A6. Award the contract to the lowest responsible bidder, Engineering Plumbing, Inc., in the
amount of $156,695, for the Twin Peak Main Replacement Project and approve and
authorize the Finance Director to execute the Escrow Agreement pertaining to contract
retentions.
123 A7. Award the contract to the lowest responsible bidder, Elite Bobcat Service, Inc., in the
amount of $158,133.05, for the Santa Ana Canyon Road school drop off lane
improvements and approve and authorize the Finance Director to execute the Escrow
Agreement pertaining to contract retentions.
123 A8. Approve an agreement with Hirsch & Company, Inc., in an amount not to exceed
$2,000,000, for engineering services for the West Anaheim Area Sewer Condition
Assessment.
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ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 8, 2004
PAGE 7
121 A9. Approve the Stipulation for Entry of Interlocutory Judgment in Condemnation concerning
the City's acquisition property located at 900-916 South Harbor Boulevard and authorize
a deposit of $14,200 to the State Condemnation Deposit Fund for final settlement.
175 A 10. Approve the transfer of funds from the Public Utilities Department budget to the
Community Services Department budget, in the amount of $1,697,000 for library
construction, and transfer real property located at Monte Vista Road and Bauer from the
Community Services Department to the Public Utilities Department for the
implementation of a substation project.
123 A 11. Approve a license agreement with Feedback Foundation, Inc. to utilize Brookhurst
Community Center on a shared basis to provide a comprehensive meal program,
including recreation activities and social services to senior citizens through June 30,
2005.
123 A 12. Accept an award of funds by the County of Orange Board of Supervisors and authorize
the Mayor to execute an agreement with the County of Orange for the provision of
Welfare-To-Work Employment Services.
123 A 13. Approve and authorize the Public Utilities General Manager to execute an agreement
with Ice Energy, LLC, in the amount of $10,000, to demonstrate a pilot thermal energy
storage system at a City facility.
123 A 14. Approve and authorize the Public Utilities General Manager to execute an agreement
with Southern California Public Power Authority for natural gas reserve development as
part of the fuel portfolio for the Magnolia Power Project.
123 A 15. Determine the granting of a non-exclusive franchise to Southern California Edison
Company for transmitting electricity in, along, across, upon, over and under the public
streets, ways, alleys and places within the City utilizing existing facilities is categorically
exempt from the California Environmental Quality Act as a Class 1 Project.
RESOLUTION NO. 2004-99 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM declaring its intention to adopt an ordinance granting to Southern
California Edison Company, its successors and assigns, a non-exclusive franchise to
use and to construct and use, solely for transmitting electricity through the City of
Anaheim (except in cases of subsequent annexations and of customers served under
fringe agreements), poles, wires, conduits and/or appurtenances, in, along, across,
upon, over and under the public streets, ways, alleys and places, as the same now or
may thereafter exist, within said municipality, establishing a time and date of a public
hearing to consider such franchise and a fee in support of such franchise.
Council Member Tait abstained.
158 A16. RESOLUTION NO. 2004-100 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and
easements (Abandonment No. ABA2004-00089, 6098 East Silverspur Trail).
158 A17.
158 A18.
150 A19.
149
179 A20.
155
155
155
123
114 A21.
ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 8, 2004
PAGE 8
RESOLUTION NO. 2004-101 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and
easements (Abandonment No. A8AOO-1 A, 635 Gilbert Street).
RESOLUTION NO. 2004-102 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 No.1 0755).
ORDINANCE NO. 5919 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM adding, repealing and amending various chapters, sections and subsections
of Titles 13, 14 and 15 of the Anaheim Municipal Code relating to parks and boulevards,
traffic, and building and housing, respectively.
RESOLUTION NO. 2004-103 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM imposing regulations and restrictions upon certain City streets
relating to stopping, standing, parking and turning of vehicles on public streets pursuant
to Title 14 of the Anaheim Municipal Code.
ORDINANCE NO. 5920 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Title 18 of the Anaheim Municipal Code in its entirety (Zoning
Code) (Introduced at the Council meeting of May 25,2004, Item 82).
ORDINANCE NO. 5921 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Ordinance Nos. 5296 and 5297 relating to the Cypress Canyon
Specific Plan No. 90-3 , Amendment No.2 (Reclassification No. 2004-00117).
ORDINANCE NO. 5922 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM approving Amendment NO.5 to the Anaheim Resort Specific Plan No. 92-2
and amending Ordinance Nos. 5453 and 5454 accordingly.
ORDINANCE NO. 5923 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM approving Amendment No.2 to the Northeast Area Specific Plan No. 94-1
and amending Ordinance No. 5518 accordingly.
ORDINANCE NO. 5924 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM approving an agreement with the Irvine Company setting forth terms of
mutual consent to cancel Development Agreement No. 91-01 (Mountain Park
Community) and terminating by cancellation Development Agreement No. 91-01.
Approve minutes of the adjourned regular Council meeting held May 25, 2004.
Council Member Hernandez abstained.
END OF CONSENT CALENDAR:
105 A22. Consider appointing a member to serve on the Housing and Community Development
Commission, representing the South Neighborhood Council, term to expire June 30,
2006.
APPOINTMENT:
ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 8, 2004
PAGE 9
Without objection from Council, Mayor Pringle continued the item to June 15, 2004 to be
included in the annual boards and commissions appointments/reappointments scheduled at that
time.
10S A23. Consider appointing a citizen to complete an unexpired term on the Community Services
Board, the unexpired term of Frank Ramirez, which will expire June 30, 2006.
APPOINTMENT:
Without objection from Council, Mayor Pringle continued the item to June 15, 2004 to be
included in the annual boards and commissions appointments/reappointments scheduled at that
time.
PUBLIC HEARINGS:
134 B1. GENERAL PLAN AMENDMENT NO. 2004-00417 AND NEGATIVE DECLARATION:
OWNER: Kurt Slingsby, Stonybrook LLC, P.O. Box 4304 Carson, CA 90749
AGENT: John Ward, Stonybrook LLC, P.O. Box 4304 Carson, CA 90749
LOCATION: 736 South Beach Bou levard and 2966 West Stonvbrook Drive.
Property is aoproximately 0.64-acre. located at the southeast corner of Beach
Boulevard and StonYbrook Drive.
General Plan Amendment No. 2004-00417 - Request to amend the Land Use Element
Map of the General Plan redesignating the property from the General Commercial and
Medium Density Residential land use designations to the Low-Medium Density
Residential designation.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended approval of General Plan Amendment No. 2004-00417 {PC2004-34}
(Commissioners Buffa and Flores absent).
Negative Declaration approved.
(Set for public hearing due to General Plan Amendment).
MOTION: CEQA FINDING: NEGATIVE DECLARATION.
RESOLUTION NO.: GENERAL PLAN AMENDMENT NO. 2004-00417.
Agent John Ward, had requested Item 81 be withdrawn. Council Member McCracken moved to
withdraw Item B1, General Plan Amendment No. 2004-00417, seconded by Council Member
Chavez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Hernandez,
McCracken, and Tail. Noes - O. Motion carried.
176 B2. A public hearing to consider the abandonment of a portion of a public utility easement
located at 711 East La Palma Avenue.
At the meeting of April 20, 2004, Item A17, the Anaheim City Council adopted Resolution
No. 2004-57 declaring its intention to vacate certain public streets, highways and service
easements and setting a date and time to consider the abandonment of an electrical
utility easement located at 711 East La Palma Avenue. (ABA2003-00078).
REQUESTED BY: City of Anaheim Public Utilities Department
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ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 8, 2004
PAGE 10
MOTION: CEQA FINDING: Categorically Exempt, Class 5.
RESOLUTION NO.: ABANDONMENT NO. 2003-00078.
MOTION: Approve the quitclaim of the City's right, title, and interest in the
abandoned area.
A request to continue Item B2 to June 22,2004 had been made. Council Member Chavez
moved to continue the public hearing for Variance No. 2003-04594 to June 22,2004, seconded
by Council Member McCracken. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members:
Chavez, Hernandez, McCracken, and Tait. Noes - O. Motion carried.
179 B3.
VARIANCE NO. 2003-04594
CATEGORICALLY EXEMPT - CLASS 3:
OWNER: Jaime Salcedo, 901 North West Street, Anaheim, CA 92801
LOCATION: 901 North West Street: Property consists of 0.65-acre with a frontage of
80 feet on the west side of West Street and is located 220 feet south of the centerline of
La Entrada Circle.
Waiver of (a) maximum fence height (3 feet permitted; 5 feet 2 inches proposed) and (b)
minimum front yard setback to permit and retain a 5-foot, 2 inch high combination block
wall and wrought iron fence and gate (partially constructed) and retain an existing
addition (under construction) which encroaches into the required front yard setback of a
single-family residence in the RS-10,OOO (Residential, Single-Family) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 2003-04594 approved (ZA2004-7).
(Appeal of the Zoning Administrator's decision requested by the owner, Jaime Salcedo).
Categorically Exempt, Class 3.
MOTION:
RESOLUTION NO.:
2004-104 VARIANCE NO. 2003-04594.
Sheri Vander Dussen, Planning Director, stated the applicant had appealed the decision of the
Zoning Administrator who had permitted the fence to exceed height requirements in the front
yard setback and also allowed a room addition within the required front yard setback. The
applicant had appealed the decision on the fence which was already under construction, not the
room addition.
Ms. Vander Dussen explained the Code required a setback equal to 25 percent of the depth of
the lot and since the applicant's lot was very deep, the required setback was 90 feet. The
Zoning Administrator had approved a room addition as proposed which would be set back 77
feet from the front property line. In addition, a fence was approved at a minimum distance of 10
feet from the property line. Ms. Vander Dussen indicated the pilasters for the fence area were
already constructed at the front property line and this was where the applicant wished to
complete the fence. Staff recommended that the fence be set back a minimum of 25 feet based
on existing setbacks for the majority of homes on West Street and the homes on either side of
the property. Additionally, it was pointed out the City had not granted any other front yard
fencing variances on West Street. Ms. Vander Dussen presented slides depicting aerial views
of the subject property and adjacent neighbors.
ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 8, 2004
PAGE 11
She did explain there were a number of fences in this neighborhood that exceeded the
permitted height in the front yard and prior to 1999, the Code had allowed fences up to 6 feet
high in the front yards provided the fence was 80 percent open. Preceding Code versions
dating back several decades allowed for various fence heights in the 3-4 foot range. The intent
of the current Code, stated Ms. Vander Dussen, was to discourage fortress-like fencing and to
prevent obstructions to pedestrians and vehicles in the neighborhood as well as to promote an
attractive streetscape. All of the nonconforming fences on West Street would be subject to the
3 foot high standard if they were to be replaced.
Mayor Pringle confirmed the neighboring properties to the applicant's lot do not have fences, but
the buildings are setback 25 feet. Greg Hastings, Planning Department, replied to Council
Member McCracken's question, that setbacks were measured from the property line. He also
indicated that the fence to be constructed would be wrought iron with a gate across the
driveway. Council Member Tait confirmed the existing pilasters were located on the property
line and the intent was to indent the driveway from the property line.
Mayor Pringle opened the public hearing. Property owner Jaime Salcedo stated there were 11
homes in that area with six foot high fences and he felt he was being discriminated against. He
contended since the fence pillars were built in 1996 and already constructed on the property line
when he purchased the property and anything built before 2000 was allowed to remain, he
should be able to construct his fence on that property line. He indicated he had found the
homeless using his yard and was constructing a fence to improve the residence and provide his
family with privacy.
Mayor Pringle remarked that every city had codes and standards which changed over the years
and if a property owner built under those old codes, that construction was allowed to remain.
However, if new construction occurred, it would fall under the new codes. He pointed out the
Zoning Administrator had granted him two exemptions, one for the fence setback requirement
and one for allowing a room addition within the setback area.
As there was no further testimony, Mayor Pringle closed the public hearing. The Mayor was
supportive of the Zoning Administrator's decision to provide a variance to construct the fence
ten feet from the property line. Council Member Tait concurred with that decision. Council
Member McCracken supported the applicant's request to construct the fence at the property line
as it would keep transients out of his property and the fence was consistent with others in the
area. Council Member Chavez felt the 10 foot setback was reasonable and consistent with the
Code.
Council Member Tait moved to approve the finding of Categorically Exempt, Class 3 and to
approve RESOLUTION 2004-104 granting Variance No. 2003-04594 in part related to 901
North West Street; Council Member Chavez seconded the motion. Roll Call vote: Ayes - 4;
Mayor Pringle, Council Members: Chavez, Hernandez, and Tait. Noes - 1; Council Member
McCracken. Motion Carried.
CLOSED SESSION:
No report.
ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 8, 2004
PAGE 12
COUNCIL COMMUNICATIONS:
Council Member McCracken announced Flag Day was next Sunday in downtown Anaheim
opposite City Hall with events starting at 10:00 A.M. including a musical tribute to Old Glory from
1 :00 -3:00 P.M. and invited all to attend.
Council Member Chavez indicated he attended a summit for the Arab/American community in
which sixty participants attended a five-hour workshop looking at priorities for that community
and how it could enhance the City.
ADJOURNMENT:
There being no further business to come before the City Council, Mayor Pringle adjourned the
meeting at 6:11 P.M. to June 15,2004 at 2:00 P.M. in the memory of President Ronald Reagan
recognizing his contribution to the state and the nation.
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'Sheryll Schroeder, MMC
City Clerk
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