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2000/09/26ANAHEIM, CALIFORNIA- CITY COUNCIL MEETING SEPTEMBER 26, 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, Assistant City Clerk Cynthia Daniel-Garcia, Community Development Director Elisa Stipkovich, Community Development Project Manager Robert Zur Schmiede. A copy of the agenda for the meeting of the Anaheim City Council was posted on September 22, 2000 at the City Hall inside and outside bulletin boards. Mayor Daly called the regular meeting to order at 3:16 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. WORKSHOP: City Manager Jim Ruth introduced the South Anaheim Boulevard Corridor Overlay Zone workshop which was presented by Community Development Director Lisa Stipkovich. Community Development Director Lisa Stipkovich said she had looked at Anaheim Boulevard in its entirety from the 91 Freeway to the 5 Freeway. A vision statement was developed specifically for Anaheim Boulevard to establish it as a major corridor for central Anaheim that connected downtown to freeways and the Resort Area while integrating commerce and civic uses with the surrounding neighborhood. The Community Development Director then gave the history of Anaheim Boulevard, noted the redevelopment areas and parks on a power point presentation, hard copy available in the City Clerk's Office. The Community Development Director commented on the various projects proposed for the north and south corridor sections and said they were working with Bill Taormina, predominant owner of property on Anaheim Boulevard, and looking into various products, such as a mixed-use development that would enhance North Anaheim Boulevard. Staff reported that the Overly Zone was being proposed on South Anaheim Boulevard which was very close to the Resort Area and the Community Development Department was looking to market and promote South Anaheim Boulevard as a location for restaurants and have been in negotiations with OCTA and R.D. Olson to establish hotel and restaurant sites. Mayor Daly asked if Community Development was proposing high-rise or mid-rise hotels since Anaheim Boulevard did not have the height. The Community Development Director responded that the hotels would probably be about four stories and would be located on Anaheim Way and at the 5 Freeway and would be a matter of financing for the developer. The Community Development Director responded to Council Member Tait that they were encouraging a higher, more density hotel particularly at those sites since they were overlooking industrial and they do not overlook any single family homes. Ms. Stipkovich explained the development of school/civic uses and she announced that there would be a presentation to Council on October 10, 2000, from Lettie Boggs regarding the different sites they were working on for Anaheim Elementary School District. CITY OF ANAHEIM CITY COUNCIL MINUTES SEPTEMBER 26, 2000 PAGE 2 Mayor Daly asked about the Quickset property and other properties near the Boulevard that could benefit from the upgrading and vision for Anaheim Boulevard and the Community Development Director responded that they were working on a plan and would return with proposals for land use changes to the City Council within the next 30 to 60 days. Mayor Daly commented that he would not want to leave it to chance that industrial properties might convert 30 or 40 years from now and if the City wanted hotels and restaurants, they may have to initiate the change in the use. Council Member Tait commented that there are more options now with the overlay zone that was more in-line with their vision. Mayor Daly stated that if Council decided to allow properties to remain in industrial use for the next 50 years, it set a certain tone and they should hear from the neighborhoods that live near them. Council Member McCracken said that this was a good first step and that other cities such as Santa Ana had done overlays on their industrial and had given options to turn them into residential, combined use or commercial/residential and as a result of that, the property had become more valuable. Lisa Stipkovich stated that getting the entitlements would help attract people to the sites. Council Member Feldhaus agreed with Council Member Tait that the City was not trying force anyone out of their long range businesses and the purpose of the Overlay Zone would give the City an opportunity on particular properties to use a mixed-use concept. He believed that staff should be looking at an additional commercial zone that would be more restrictive than some of the current uses and he said he wanted to see expanded sidewalks, benches and seating areas, as well as restaurants going down the Boulevard and leading into the Center Street Promenade area. Council Member Kring asked if the City could go up five stories and if these would be for sale or for rent. The Community Development Director responded that the market would be for apartments and staff could look at condominiums. She said they were working with Bill Taormina to do a condo plan and rent them out as apartments, which could later be sold off as condominiums. Council Member Kring said her vision would be to take a few of those blocks and make them pedestrian friendly where there would be no cars or traffic. The Community Development Director said that there were ways to make this area more pedestrian friendly and as a Redevelopment Agency, they would try and acquire properties, parcelize them and provide incentives for development to occur and they would also acquire property to have parking to serve the other commercial development. Mayor Daly said he believed that Council should consider traffic improvements and it may not be feasible to close off Anaheim Boulevard, but maybe changes could be made on the perpendicular streets. Ms. Stipkovich stated that adding medians would help and when the historical marker was hit, try to change the feeling of being in a historical neighborhood and to make it more pedestrian friendly and that was where the Boulevard residential would be the driving force to change the look. Council Member Kring asked about the bells which would go on the medians and Community Development Director Stipkovich stated that there would be a commercial rehab program and a TT T' CITY OF ANAHEIM CITY COUNCIL MINUTES SEPTEMBER 26, 2000 PAGE 3 sign abatement program. Funding a sign abatement program would be proposed in the Redevelopment area similar to what was done in the Resort Area, she added. The Community Development Director said that they would get specifics on what was entitled by right in that Commercial Overly Zone and Council could see what the land uses were. Mayor Daly asked if they could move forward with that hearing and then bring back more detail and some alternatives for Council to consider regarding whether the City would want to become more restrictive in some cases. The Community Development Director said that it may have to go back to the Planning Commission and she deferred to the City Attorney. City Attorney Jack White said that it could be done that way or in a series of steps. Council could move forward with the package tonight since these are legislative acts and Council could structure how they want to do it, he advised. Community Development Director said that she would get some specific answers for Council and get the printout of the CL zone. She spoke about height restrictions which were set, but could be exceeded by a CUP. She noted there were site specific issues and above Ball Road, adjacent to single-family neighborhoods, they were more sensitive to a multi-story use. There may be some circumstances where a variance would be appropriate and it would be viable, but certainly not by right, she finalized. Mayor Daly asked if the old orange packinghouse at the corner of Santa Ana Street was a potential museum. The Community Development Director said that this plan would allow for commercial uses. They had talked about restaurant, museum expansion and cultural arts uses and that property could be adaptively reused. She said she would bring several alternatives to Council on that property. In order to fine tune this plan, she said she would have to come back in with some other changes to the ordinances regarding the CL zone and modify it and it would have to go back to the Planning Commission. City Attorney explained that Council could direct the Planning Commission to initiate the process to look at areas of concern to fine-tune and bring back recommendations to Council. Community Development Director Stipkovich stated that if this were adopted, that they come back with an urban sign plan, a design guideline. The City Manager concluded the workshop. ADDITIONS/DELETIONS TO CLOSED SESSION: City Attorney Jack White stated there were no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Closes Session items. Mayor Daly moved to recess to Closed Session, seconded by Council Member McCracken. Motion carried unanimously. The Council recessed to Closed Session at 4:25 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). CITY OF ANAHEIM CITY COUNCIL MINUTES SEPTEMBER 26, 2000 PAGE 4 w CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of Case: Ruzics v. City of Anaheim, et al., Orange County Superior Court Case No. 81-74-84. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of Case: City of Anaheim v. First World Communications, Inc. et al., Orange County Superior Court Case No. 80-92-81. e e e CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of Case: Allstate Insurance Company v. City of Anaheim, Orange County Superior Court Case No. 79-99-11. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: State Remnant Parcel Numbers 200052-20057 (Cottonwood Circle parcels) and Vermont Avenue street right-of-way northerly of 828 W. Vermont Avenue, Anaheim, California Agency negotiator: Natalie Meeks Negotiating parties: City of Anaheim and Charles E. Hance 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 NEGOTIATOR: Agency designated representative: David Hill Employee organization: International Brotherhood of Electrical Workers, Local 47. CONFERENCE WITH LABOR NEGOTIATOR: Agency designated representative: David Hill Employee organization: Anaheim Police Association. CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Properties: (1) Property on the Dream Street cul-de-sac southwest of the intersection of Weir Canyon and Monte Vista Roads (approximately 1.25 to 1.35 acres net of slopes and trail easement) (2) Property on the northwest corner of Nohl Ranch Road and Serrano Avenue (approximately 1 to 1.25 acres net of slopes). City negotiator: Chris Jarvi Negotiation: Proposed nonexclusive negotiation between City, Pentz and Partners and Aqua Duks Under negotiation: Price and terms After recess, all Council Members returned to open session. CITY OF ANAHEIM CITY COUNCIL MINUTES SEPTEMBER 26, 2000 PAGE 5 Mayor Daly called the regular Council meeting of October 10, 2000 to order at 5:55 P.M. and welcomed those in attendance. INVOCATION: Reverend John Fanestil, Anaheim United Methodist Church gave the invocation. FLAG SALUTE: Council Member Frank Feldhaus led the assembly in the Pledge of Allegiance to the Flag. PROCLAMATIONS AND DECLARATIONS: Recognitions to be presented at a later date were: a Proclamation recognizing October 2 - 6, 2000, as Rideshare Week in Anaheim; a Proclamation recognizing October 2000 as National Breast Cancer Awareness Month in Anaheim; a Declaration recognizing the U.S.S. Elmore for its role in World War II and a Declaration recognizing the Alzheimer's Association of Orange County. ADDITIONS/DELETIONS TO THE AGENDA: There were no additions or deletions to the agenda. PUBLIC COMMENTS: Sarah Alevizon, speaking on Item A12, agreement with Melzer Deckert and Ruder, Architects, Inc. for the Anaheim Hills Golf Club House project, said she had seen the Anaheim Hills Golf Course disentegrate into an embarrassing facility and she felt it was time to take a look at the clubhouse and re-do it. Joan Coy commended the Parks and Recreation Department and said she was embarrassed about the Anaheim Hills Golf Clubhouse. Bill Badger, 863 South Wayside Street, Anaheim, said he had been a member of the Anaheim Hills Golf club since 1973 and had seen many improvements on the golf course but very few improvements to the clubhouse. He suggested that profits of $1 to $2 million a year should be put back into a new clubhouse, which would bring additional revenue to the City. A business owner in Anaheim Hills said she had spent the last several months trying to find a suitable facility in Anaheim Hills to have a fundraiser. She said he felt the golf course was beautiful but the clubhouse was a disgrace and she asked the Council to give east Anaheim the opportunity to be proud. Bud Schultz, 156 Avenida Felipe, Anaheim, Hills, said he was present to speak on the Anaheim Hills Golf Club House and he asked that his petition be entered into the records. He said he believed that the new clubhouse was a win-win situation, which it would increase revenues in the general fund and that some of the money should be returned to the golf courses. He urged the Council to take action in favor of the new clubhouse. Ray McCabe, a resident on Rain View Court, said he played golf there about two to three times per week. He said he felt Anaheim Hills was one of the nicest public golf courses anywhere but TT T"' CITY OF ANAHEIM CITY COUNCIL MINUTES SEPTEMBER 26, 2000 PAGE 6 he did not get positive feedback from the other teams about the clubhouse. He pleaded on behalf of Anaheim Hills to be given a new clubhouse. Another speaker said she believed that $6.2 million for the golf course was unacceptable although she saw the need. She stated that the City did not have a sports facility and there were 1300 children playing weekly and they were unsafe. Another Anaheim golfer said he wanted to improve the golf course to generate more revenues through fees from facility banquets, weddings and other activities. Adding that it would be a 40- year commitment and an asset and he believed that the City could get $10 to $15 more for green fees. Jaime Martinez stated that he had been arrested and said he was upset with the arresting officers. Mayor Daly referred Mr. Martinez to the Police Department or the City Clerk's Office to obtain a complaint form. Mayor Daly moved to waive reading in full of all ordinances and resolutions, seconded by Council Member McCracken. Motion carried unanimously. At this point, Mayor Daly explained that they had received a request to continue Item C3, Reclassification No. 2000-00020 Civil Engineer Natalie Meeks stated that staff was recommending a continuance to October 10, 2000. She explained she had been in discussion with the property owner over the past several weeks and she believed that there may be some chance of coming to some agreement by the October 10, 2000 City Council meeting when the request for Abandonment of Vermont Street right-of-way would be agendized. 179 C3. CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 2000-00020: OWNER: O.C.T.A., Attn: Rick Grebner, 550 South Main Street, Orange, CA 92863 AGENT: Chuck Hance, 828 West Vermont Avenue, Anaheim, CA 92805 LOCATION: 867 South Cottonwood Circle. Property is 0.195 acres located on the west side of Cottonwood Circle, 280 feet west of the centerline of Citron Street. To reclassify subject property from the RS-A-43,000 (Residential/Agricultural) and the RS-7200 (Residential, Single-Family) Zones to CL (Commercial, Limited) Zone to construct a parking lot for the abutting automotive dealership facility. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 2000-00020 GRANTED (PC2000-70) (7 yes votes). Approved Negative Declaration. Informational item at the City Council meeting of June 13, 2000, Item B10. Review of the Planning Commission's decision requested by Mayor Daly and Council Member McCracken. Continued from the meetings of July 25, 2000, Item C6, August 8, 2000, Item C2 and September 19, 2000, Item C2. CITY OF ANAHEIM CITY COUNCIL MINUTES SEPTEMBER 26, 2000 PAGE 7 Mayor Daly opened up comments on the convenience of the continuance of this public hearing. He asked the property owner if he was comfortable with a two-week continuance and Mr. Hance agreed to it. Civil Engineer Meeks explained that they had a proposal that was written into the Staff Report where there was a possibility of working out an agreement with the property owner where they would request an abandonment of the Vermont Street right-of-way which was proposed to be used as part of the parking lot that was up for rezoning along with the portion of the property that would be acquired from OCTA. They would have the property owner sell the remainder back to the City for a small park in that area. She stated that Council had directed Staff to work out an agreement with the property owner where all those things could be accomplished. She said staff had not filed an agreement with the property owner but she said she was hopeful that there would be some resolution on October 10th for all involved within the time frame that the property had to acquire the property from OCTA. Mayor Daly asked the audience if the continuance of the public hearing was acceptable and the owner, Charles Hance, stated that he had only one problem and that was that Ms. Meeks had consented yesterday and told him who would be acceptable to her as an appraiser. He said he met with the appraiser that morning and was willing to pay him $2,500 to do the appraisal but it would take four weeks. Mr. Hance felt that he was being asked to agree to an unknown price and was not satisfied that he would not be allowed to pick the appraiser even though he would have to pay for one. He stated that the City made the restriction that he could not contact the appraiser and whatever information he wanted to give to the appraiser, he would have to give to Natalie Meeks. She would be the one to pass on the information and Mr. Hance felt it was not fair that he could not monitor her communications with the appraiser since he was paying for the appraisal services. Mr. Hance said he was asking for assurance that his project would pass if, in advance, he would agree to sell the land at the discounted price. Mayor Daly asked the City Attorney if Council could assure him that he would get his reclassification prior to having any agreement on the land acquisition. City Attorney Jack White said that the City could not legally commit to exercise its zoning power in exchange for acquisition of property. The City, in one capacity he said, was operating as property owner or purchaser and the other as governmental regulator. He explained that the normal way that this would be handled between a buyer and a seller of property was that a purchase agreement would be entered into and the consummation of that sale would be contingent upon the purchaser obtaining rezoning. It could be written in as a standard condition and it would have to be reviewed at the public hearing based on the facts and evidence at that time, he informed. Civil Engineer Natalie Meeks commented that in addition to what the City Attorney had said, all sales or purchases for both the street right-of-way and the surplus property were contingent upon Mr. Hance getting the abandonment and the rezoning that he had requested. The appraiser was under contract with the City and had given Ms. Meeks a bid of both the cost and the time that it would take him to complete the appraisal based on the contract with the City. She said all communication needed to come through the City and he was working under standard appraisal practices that licensed appraisers use throughout the State and she had also provided those guidelines to Mr. Hance. She CITY OF ANAHEIM CITY COUNCIL MINUTES SEPTEMBER 26, 2000 PAGE 8 added that any information that Mr. Hance provided to Mr. Meeks would be provided to the appraiser. Council Member Feldhaus asked if there was anything prohibiting Mr. Hance from getting his own appraiser and Ms. Meeks stated that it was the Council's Policy for abandonments that the City use one of the licensed appraisers on staff or under contract, of which there were four. She explained that one did not give a bid and she received bids from the other three. She offered Mr. Hance the opportunity to pick an appraiser and stated that staff did not give them special direction or influence on the amount of evaluation that they place on the property. Mayor Daly asked if there was anything to prevent him from getting his own appraiser and Ms. Meeks said that there was nothing preventing that but since he was requesting the abandonment, he must pay for the appraiser. City Attorney Jack White stated that in accordance with a written City Council Policy adopted in 1989, it required the property owner to pay for the cost of the appraisal in cases where the property owner was seeking to buy property from the City that was public easement or right-of-way. Council Member Kring asked if Mr. Hance could get an independent, licensed and qualified appraiser who would be able to appraise within the next few days or week and Ms. Meeks stated that he may not find an appraiser that would appraise the property in that shod of a time. City Attorney White stated that the Council Policy that was currently in effect provides that when an abandonment was requested of a street right-of-way, the City would only abandon it if he paid the value of whatever the property interest in the right-of-way was worth. The standard way, accepted by the Courts in California he explained, was to value the property as to what it was worth without the right-of-way encumbrance and what it was worth with the right-of-way encumbrance and the difference between the two then became the value of the right-of-way. Council Member Tait asked if the City received compensation when they abandoned easements and the City Attorney stated that the policy provides that the City will receive fair market value unless the Council waived that requirement. Mayor Daly offered the neighborhood spokesperson an opportunity to comment on the continuance and Lori Heulin, representative of Vermont/Citron Association and Citron/Haster Association, expressed opposition to the zone change. She said they wanted to stay residential and the neighborhood did not want to see more commercial in there. Ms. Meeks responded to Mayor Daly's question by stating that the sales agreement would be written that Mr. Hance would agree to pay the fair market value as determined by that appraiser. He would need to get his zone change before his option expired in October and staff could write that into the sale agreement to withdraw the rezoning if he did not want to go through the deal and it was not an option to receive an extension from OCTA. CITY OF ANAHEIM CITY COUNCIL MINUTES SEPTEMBER 26, 2000 PAGE 9 Mayor Daly asked if the property owner had to buy this easement to have access to this property and the City Attorney responded that as far as the City was concerned he had legal access as long as that right-of-way was not vacated, it was legally a public street and his driveway extended right to the public street right-of-way as it did before the physical changes were made to Vermont. Council Member Kring said she would go with the two-week continuance that Staff had recommended. Council Member Tait suggested an alternative to using the City selected appraiser, to offer the applicant the choice to find his own appraiser with all the adequate licenses and one who was approved by Staff and who could appraise the property sooner. Mr. Hance referred to the Planning Commission staff report of May 22, 2000. City Attorney White commented that what he referred to was that the Staff said that the parcel was necessary for access of his property and the parcel being referred to was the Vermont Street right-of-way which was the subject of the abandonment application and that right-of-way would be how he got access. Mr. Hance asked the City for an abandonment of the existing Vermont Street right-of- way easement. City Attorney White stated that the City's standard practice was when a property owner asked for a street easement to be abandoned, that the City be compensated for the value of that easement by valuing the property in its before condition with the easement on it and valuing the property in its after condition without the easement and the difference between the two is the value of the easement. Ms. Meeks noted it was okay with staff if Mr. Hance obtained his own appraiser as long as the appraiser was an MIA certified appraiser and she could see his qualifications and that the appraiser should appraise the property based on standard appraisal practice. Mayor Daly moved approval of, seconded by Council Member Kring, a two-week continuance including Council Member Tait's suggestion to try to obtain an appraisal sooner than four weeks. Motion approved unanimously. 105, 117, Returning to the Consent Calendar; CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 -A18: 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 items A7 and A12 which were removed for separate action. Motion carried unanimously, except Council Member Tait voted no on items A7 and A12. 156~,1. 128 Receive and file minutes of the Anaheim Workforce Investment Board meeting held August 10, 2000; minutes of the Anaheim Public Library Board meeting held August 2, 2000; the Anaheim Police Department Crime and Clearance Analysis for the month of August 2000; the Golf Advisory Commission minutes of April 27, 2000 and July 27, 2000; a revised Investment Portfolio Report for the month of July, 2000 and the Investment Portfolio Report for the month of August, 2000, as submitted by the City Treasurer. 123 123 123 123 158 106 CITY OF ANAHEIM CITY COUNCIL MINUTES SEPTEMBER 26, 2000 PAGE 10 A2. A3. A4. Approve and authorize the Mayor and City Clerk to execute District Agreement No. 12-155 A2 with the State of California for right-of-way services on the I-5 North Freeway Widening Project. Approve and authorize the Mayor and City Clerk to execute District Agreement No. 12-156 A2 with the State of California for right-of-way services on the I-5 North Freeway Widening Project. Approve and authorize the Mayor and City Clerk to execute District Agreement No. 12-204 A2 with the State of California for right-of-way services on the I-5 North Freeway Widening Project. A5. A6. Extend Agreement C-9-9164 between the City of Anaheim and Orange County Transportation Authority into Fiscal Year 2000-01 in connection with the TraveiTIP Advanced Traveler Information System. RESOLUTION NO. 2000R-203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying certain real properties or interests therein to the City. (City Deed Nos. 10300 through 10304. ) A7. Amend the FY 2000/01 Budget increasing Expenditure Appropriations by $3,415,000 and increasing Revenue Appropriations by $2,620,000 for the Fire Department, Planning Department, Finance Department, and Community Services Department. (Continued from the meetings of August 29, 2000, Item A16 and September 19, 2000, Item A15.) Council Member Felhaus recommend that in the Community Services Department budget, that the $447,000 come from golf revenues instead of the park sites and playgrounds fund. Mayor Daly seconded Council Member Feldhaus' proposal for purposes of discussion. Council Member McCracken asked if the transfer of funds would be coming from Parks and Recreation since the golf courses were supervised by the parks and recreation department. City Manager, Jim Ruth, responded that the golf revenues stay with golf and said that the money was set aside in the past for the Community Center. General fund money was used for the Community Center in conjunction with the Police Station so it was replacing the $447,000, he explained. Mayor Daly agreed with Council Member Feldhaus that the appropriate funding source for any clubhouse improvements should be golf revenue and not parks revenue. City Manager Ruth stated that if the Council decided to proceed with the hiring of the architect and ultimately the building of the clubhouse, Council would be borrowing the full $6.2 million and bond for that which could be done. Council Member Kring asked if this would free up the $447,000 to be put in a park improvement and the City Manager said that was correct. Council Member Tait asked about the funding source and the City Manager said that it was from the increased fees for non-residents. 106 160 176 123 106, CITY OF ANAHEIM CITY COUNCIL MINUTES SEPTEMBER 26, 2000 PAGE 11 Community Services Director, Chris Jarvi, stated that they had about $500,000 in the golf reserve fund right now that could be used for the plans that they were recommending approval of. City Attorney, Jack White, said that in response to Council Member Tait, this could be voted on today and according to Charter Section 1205, the City Manager had the authority to designate or reallocate monies within that department from object to object. On motion by Council Member Feldhaus, seconded by Mayor Daly, he moved to approve as recommended except to use $447,000 from golf funds instead of park and playground funds. Roll call vote: Ayes - 4. Noes - 1, Council Member Tait. Motion carried. A8. A9. A10. All. Amend the FY 1999/00 budget by adjusting expenditure appropriations as follows: (1) Increase General Fund expenditures appropriations in the Fire Department by $2,748,000; (2) Increase General Fund expenditure appropriations in the Convention Center Department by $46,000; (3) Increase General Fund revenue appropriations in the Finance Department by $2,794,000 and (4) Reduce General Fund expenditure and revenue appropriations in the Police Department by $990,000. (Continued from the meetings of August 29, 2000, Item A17 and September 19, 2000, Item A16.) Accept the low bid and authorize the execution of an Agreement with Shield Security, Inc., for security parking enforcement for City Hall, in an amount not to exceed $34,296 for one-year, beginning October 1, 2000, with options to renew for up to four one-year periods, and authorize the Purchasing Agent to exercise renewal options in accordance with Bid #6075. RESOLUTION NO. 204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and service easements and to consider abandoning a portion of old La Palma Avenue excess right of way for road purposes (Abandonment No. 00- 12A). (Suggested public hearing date: October 24, 2000 at 6:00 P.M.) Approve an Agreement to receive $300,000 in grant funds from the County of Orange that will enable the City to implement the Families and Communities Together (FACT) Program for the provision of services that promote safe and stable families and reduce child abuse and increase the revenue and expenditure appropriations in the amount of $300,000 in Program 101-213-7245. 123A12. Increase the revenue and expenditure appropriations in accounts 216-213-4778- 5797 and 216-213-4778-7825. City Clerk Schroeder apprised Council that the first part of the recommendation, to increase the revenue and expenditure appropriations in accounts 216-213-4778-5797 and 216-213-4778- 7825, was handled under Item A7. Approve an Agreement with Melzer Deckert and Ruder, Architects, Inc., in an amount not to exceed $447,000 for consultant services to prepare construction drawings and provide construction observation for the Anaheim Hills Golf Course Clubhouse project. CITY OF ANAHEIM CITY COUNCIL MINUTES SEPTEMBER 26, 2000 PAGE 12 Council Member Tait said he would like to free up an additional $6.2 million for parks by voting no on the item. He added that he did not think this was a good business investment with only a $100,000 year return. He agreed the Clubhouse needed a new roof, flooring and air conditioning system but he said he could not vote for the $6.2 million project when there were other pressing needs in the City. Mayor Daly referred to the Summary of Cost page and asked Community Services Director Jarvi and Parks Superintendent, Jack Kudron, about the cost figures. Mr. Kudron explained the options to City Council. He stated that from his point of view, the life expectancy of the existing building, even if $3.5 million were put into it, would be twelve to fifteen years and for another $2.8 million, the building would have a forty year span. For comparison purposes, the replacement project cost of Dad Miller was $2 million in 1990, however, he noted it was considerably smaller. He said weddings were booked every Saturday and Sunday year round, twelve to eighteen months in advance at Dad Miller. When staff considered the remodel of the Anaheim Hills Clubhouse, a consultant looked at the marketplace for banquets and receptions and Mr. Kudron said he believed that the market was there and that they could book it solid. The $100,000 figure for return on banquets was a conservative number and could be up to $200,000 in revenue to the City, he finalized. Mayor Daly said it was not cost effective to rehab, asking if the $6.2 million replacement would be the most cost effective project to serve the golfing public as well as the banquet and wedding parties. Mr. Kudron stated that they looked at the golf needs first, the size of the pro shop, cart barn and the need for more restrooms, storage, offices and conference space. City Manager Ruth commented that when they designed Dad Miller, it was substantially larger and they did not have the revenue so they had to scale back and build it within the revenues. The day it was dedicated, it was too small for that location. He informed that $300,000 was spent there last year to add restrooms and storage because of the inadequacy and complaints received from the golfers and banquet participants. There was not a true banquet room at Dad Miller. Mayor Daly said that the project appeared to be on the expensive side and if the City could save $1 million on it, it could be used for a gymnasium or the purchase of a couple acres of land. Council Member Kring asked Mr. Kudron about the capacity at Dad Miller and the new Anaheim Hills Clubhouse and his response was Dad Miller would hold 135 people and the new Clubhouse would hold 250 at full capacity. Council Member Kring indicated that she wanted to see the new clubhouse expanded and she added that she believed that sidewalks, gutters and tree trimming were also her top priorities. She informed that the only way this would be funded was because Council raised the fees on the golfers at the beginning of the year with the idea that the money would go to issue bonds in order to pay for the new clubhouse. She said it did not matter if the City approved the $3.4 million rehab or the $6.2 complete remodel, there was not money for Maag or La Palma or any park, unless Council approved this item and got the funding with bonds to build the Clubhouse. Council Member Tait disagreed with that statement and stated that the increase in golf fees for out-of-towners had already passed and it was not linked with the Clubhouse. He said the revenue stream was there and the City could bond on and have $6.2 million to spend. CITY OF ANAHEIM CITY COUNCIL MINUTES SEPTEMBER 26, 2000 PAGE 13 Council Member Kring informed she was under the impression that the golf fee increase was predicated on building the clubhouse and Parks Superintendent Kudron stated that when they recommended to Council the fee structure increase, they indicated that the additional revenue would be available for projects such as the Clubhouse. It wasn't tied specifically to the Clubhouse. Council Member Feldhaus commented that the $2.8 differential from rehabing to building a new Clubhouse gave the City an additional eighteen to twenty five years of a building. Council Member McCracken said that she had heard from the eastern and western pads of the community, asking where their organizations could go to hold their events. She said most were having events outside of the City because there wasn't a place that was the City's as a community. She was under the impression that the money would be used to upgrade the Clubhouse facility or she would not have voted for the increase in fees back in January. She indicated that she would support moving ahead and using golf revenues to pay for it from non-resident golfers. Parks Superintendent Kudron, in response to Mayor Daly's question regarding if there were plans in the next few years to make substantial changes to the Clubhouse at Dad Miller, answered that there were no future expansion plans. One of the priorities at Dad Miller would be to re-extend the lease with Orange County Flood Control since part of the golf course property was leased through them, he explained. Mr. Kudron responded to Council Member Kring about increasing the capacity of people at the Clubhouse. He said even though the City had the space, it was scaled back because if the capacity were brought to 350 people it would increase the cost by $750,000 to $1 million. City Manager Ruth said that Community Services could put that in as an alternate bid and get costs on it and then make a policy decision once the costs have come in and the Parks Superintendent stated that they could possibly design it as an alternate bid. Council Member Tait stated that there was a limited amount of money and a lot of needs in the City and he believed that there should be more open space since the City's population will be increasing in the next twenty years. He was opposed to this and will be voting no. Mayor Daly asked if the Council decided to hire the architect what would happen next and Superintendent Kudron stated that this contract was for the construction drawings and specifications to be able to go out to bid. If Council wanted them to bring back a master plan as a result of the architect's work they would do that and the financing of this project would come back in terms of selling revenue bonds if Council approved that. Mayor Daly acknowledged that the City did not yet have the lease renewal with the County and asked, after the lease is extended, could the City improve the golf course, clubhouse and City Manager Ruth responded that staff had been working diligently with County Supervisor Cynthia Code and was confident that the City would be able to consummate a longer term lease agreement which would justify investing more money in it. Increased fees would generate sufficient income in the future to address Dad Miller needs, he said. 123 123 153 153 114 156 CITY OF ANAHEIM CITY COUNCIL MINUTES SEPTEMBER 26, 2000 PAGE 14 Mayor Daly requested follow up discussions on improving the Dad Miller golf course and if standards were set as high as set at Anaheim Hills, he said he would be comfortable supporting the expenditure in Anaheim Hills. Council Member McCracken moved approval of Item A12, agreement with Melzer Deckert and Ruder, Architects, Inc., seconded by Council Member Kring. Roll call vote: Ayes- 4. Noes- 1, Council Member Tait. Motion carried. Mayor Daly requested some type of a status report before the recommended award of a construction contract and City Manager assured the Council that they would get one. A13. Approve a Second Amended Joint Powers Agreement for the Metro Cities Fire Authority. (Continued from the meeting of September 19, 2000, Item A36.) A14. Approve and authorize the Mayor to execute an agreement between the City and County of Orange Social Services Agency Program for welfare recipients for the period of October 1, 2000 through June 30, 2001 and increase appropriations by $477,459 in Fund 220. A15. RESOLUTION NO. 2000R-205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 00R-174, nunc pro tunc, establishing rates of compensation for job classifications assigned to the General Unit of the Anaheim Municipal Employees Association. A16. A17. RESOLUTION NO. 2000R-206 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 00R-123 which established rates of compensation for classifications designated as Administrative Management (Transmission and Distribution Manager). RESOLUTION NO. 2000R-207 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 00R-124 which established rates of compensation for classifications designated as Administrative (Utilities Administrative & Safety Manager). Approve minutes of the Anaheim City Council meeting held August 8, 2000. A18. ORDINANCE NO. 5737 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 1.06.120.0303 of the Anaheim Municipal Code to permit Detention Officers and Police Officers to be assigned to the same unit of representation. (Introduced at the meeting of September 19, 2000, Item A33.) END OF CONSENT CALENDAR 105 OFF CONSENT CALENDAR ITEMS A19. BOARD AND COMMISSION ITEMS: BOARD/COMMISSION APPOINTMENT: (Continued from the meetings of August 29, 2000, Item A40 and September 19, 2000, A40.) Nominate and confirm an appointment to the Anaheim Redevelopment and Housing Commission (Karczynski - term expires June 30, 2003). CITY OF ANAHEIM CITY COUNCIL MINUTES SEPTEMBER 26, 2000 PAGE 15 Council Member Kring nominated Jerry O'Keefe. Council Member McCracken nominated Irwin Lee Howard. Council Member Feldhaus nominated Judith Ann Guillette. Mayor Daly moved to close nominations, seconded by Council Member McCracken. Motion approved unanimously. Jerry O'Keefe - Roll call vote: Ayes - 2, Council Members Tait and Kring. Noes - 0. Abstentions - 3, Council Members McCracken, Feldhaus and Mayor Daly. Irwin Lee Howard - Roll call vote: Ayes - 2, Council Member McCracken and Mayor Daly. Noes - 0. Abstentions - 3, Council Members Tait, Feldhaus, Kring. Judith Ann Guillette - Roll call vote: Ayes - 2, Council Member Feldhaus and Mayor Daly. Noes - 0o Abstentions - 3, Council Members Tait, McCracken, Kring. Mayor Daly reopened the nominations and Council Member Feldhaus nominated Jerry Sheinblum. Jerry Sheinblum - Roll call vote: Ayes - 5. Motion carried unanimously Jerry Sheinblum was confirmed as the appointment to the Anaheim Redevelopment and Housing Commission, term to expire June 30, 2003. BOARD/COMMISSION APPOINTMENT: (Continued from the meetings of August 29, 2000, Item A40 and September 19, 2000, Item A40.) Nominate and confirm an appointment to the Public Utilities Board (George Edwards - term expires June 30, 2003). Mayor Daly opened nominations and nominated Robert Lowe. Council Member Kring nominated Jack Holmes. Council Member Feldhaus nominated John Elwell. Mayor Daly moved to close nominations seconded by Council Member Kring. Motion carried unanimously. Robert Lowe - Roll call vote: Ayes - 2, Council Member McCracken and Mayor Daly. Noes - 0. Abstentions - 3, Council Members Tait, Feldhaus, Kring. Jack Holmes - Roll call vote: Ayes - 2, Council Members Tait and Kring. Noes - 0. Abstentions - 3, Council Members McCracken, Feldhaus and Mayor Daly. John EIwell- Roll call vote: Ayes - 5. Motion carried unanimously. John Elwell was appointed to the Public Utilities Board, term to expire June 30, 2003. Items B1 through B5 From Planning Commission Meeting of September 11, 2000: (No action necessary unless Council desires to set a particular item for public hearing.) APPEAL PERIOD ENDS OCTOBER 3, 2000: CITY OF ANAHEIM CITY COUNCIL MINUTES SEPTEMBER 26, 2000 PAGE 16 179 B1. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2000-04245 AND NEGATIVE DECLARATION OWNER: Samuel Magid, P.O. Box 290, Dallas, TX 75221, Samuel Magid dba Ball and Euclid Plaza LLC, P.O. Box 5272, Beverly Hills, CA 90210. AGENT: Armet, Davis, Newlove Architects, Attn: Victor Newlove, 1300 Olympic Boulevard, Santa Monica, CA 90404. LOCATION: 969 South Euclid Street. Property is 0.50 acre located at the northwest corner of Euclid Street and Ball Road. To construct a fast food drive-through restaurant with waiver of (a) minimum number of parking spaces and (b) minimum drive-through lane requirements. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 2000-04245 granted (PC2000-108) (5 yes votes, Commissioner Vanderbilt voted no and Commissioner Bostwick was absent). Waiver of Code Requirement approved. Negative Declaration approved (4 yes votes, Commissioners Napoles and Vanderbilt voted no and Commissioner Bostwick was absent). 179 B2. VARIANCE NO. 4389 (VAR TRACKING NO. 2000-04408) AND NEGATIVE DECLARATION OWNER: Goldstone Holdings, LLC, Attn: Joon Kim, 32685 Caspian Sea Drive, Dana Point, CA 92629 AGENT: Sheldon and Associates, Attn: Steve Sheldon, 695 Town Center Drive, Suite 410, Costa Mesa, CA 92626 LOCATION: 511 North Brookhurst Street. Property is 3.29 acres located at the southwest corner of Crescent Avenue and Brookhurst Street. To amend or delete a condition of approval pertaining to a time limitation (approved for three months to expire on July 21, 2000) for waiver of minimum number of parking spaces to permit a private business/trade school within an existing three-story office building. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4389 denied (PC2000-109) (6 yes votes, Commissioner Bostwick absent). Negative Declaration approved. Letter of appeal submitted by the Agent. Set for public hearing on October 17, 2000. 179 B3. CONDITIONAL USE PERMIT NO. 4084 (CUP TRACKING NO. 2000-04247) AND NEGATIVE DECLARATION REQUEST FOR RETROACTIVE EXTENSION OF TIME: Jeffrey L. Farano, 2300 East Katella Avenue, Anaheim, CA 92806, request for a retroactive extension of time in order to comply with conditions of approval for a previously- approved outdoor recreational vehicle and boat self-storage facility with an on- site manager's office/living unit (approved) with waivers of maximum fence height (approved), minimum landscaping for fences/blockwalls (denied) and minimum setback adjacent to residential zones (approved in part). This petition was originally approved on January 4, 1999 and expired on January 4, 2000. Property is located at 1631 South Euclid Street. CITY OF ANAHEIM CITY COUNCIL MINUTES SEPTEMBER 26, 2000 PAGE 17 ACTION TAKEN BY PLANNING COMMISSION: Approved extension of time for CUP NO. 4084 to expire 1-4-2001 (6 yes votes, Commissioner Bostwick absent). Approved Negative Declaration. 179, 179 B4. 155 ' ENVIRONMENTAL IMPACT REPORT NO. 316 CONDITIONAL USE PERMIT NO. 3566 (CUP TRACKING NO. 2000-04269) - REQUEST FOR SUBSTANTIAL CONFORMANCE: Paulette Alexander, consultant for Donahue Schriber, 27255 Villanueva, Mission Viejo, CA 92691, request for a determination of substantial conformance for modifications to original exhibits for a previously-approved regional shopping center to permit the construction of a new 9,800 square foot office building. Property is located at 420 North Euclid Street. ACTION TAKEN BY PLANNING COMMISSION: CUP NO. 3566 determined to be in substantial conformance (6 yes votes, Commissioner Bostwick absent). Approved previously certified Environmental Impact Report No. 316. Mayor Daly requested frequent follow up reports on the status of the Orchard Supply Hardware site at Anaheim Plaza. B5. CONDITIONAL USE PERMIT NO. 4075 (CUP TRACKING NO. 2000-04268) AND NEGATIVE DECLARATION REQUEST REVIEW AND APPROVAL OF FINAL PLANS: Chris Lewis, Bunton Clifford Associates, 4615 Enterprise Common, Fremont, CA 94538, request review and approval of landscape plans for Conditional Use Permit No. 4075 (to permit the conversion of an existing 14,775 square foot industrial building for the expansion of an existing private elementary and junior high school and administrative offices with waiver of minimum number of parking spaces). Property is located at 1575 West Mable Street. ACTION TAKEN BY PLANNING COMMISSION: Approved the final landscape plans for CUP NO. 4075 (6 yes votes, Commissioner Bostwick absent). Negative Declaration previously approved. 6:00 P.M. PUBLIC HEARINGS: 179, C1. 1559 CONTINUED PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 2000-00376 (GPA TRACKING NO. 2000-00383) CODE AMENDMENT NO. 2000-00002 AMENDMENT TO TITLE 18 "ZONING" (ZCA TRACKING NO. 2000-00003) RECLASSIFICATION NO. 2000-00023 (RCL TRACKING NO. 2000-00033) AND MITIGATED NEGATIVE DECLARATION REQUEST FOR CITY COUNCIL REVIEW: REQUESTED BY: City of Anaheim (Redevelopment Agency), Attn: Rob Zur Schmiede, 201 South Anaheim Boulevard, 10th floor, Anaheim, CA 92805 CITY OF ANAHEIM CITY COUNCIL MINUTES SEPTEMBER 26, 2000 PAGE 18 LOCATION: Subject area consists of approximately 430 acres located along, and surrounding, Anaheim Boulevard between Broadway to the nodh and the Santa Ana (I-5) Freeway to the south. To consider modifications initiated by staff subsequent to the Planning Commission's prior actions related to the following items: General Plan Amendment No. 2000-00376 - A proposed amendment to the Land Use Element of the General Plan to: a) redesignate properties from the General Industrial, General Commercial, Medium Density Residential and Low Density Residential designations to the Low-Medium Density Residential designation; b) redesignate properties from the General Industrial, Business Office/Mixed Use/Industrial, Commercial Professional, Medium Density Residential and Low- Medium Density Residential designations to the General Commercial designation; c) redesignate properties from the General Commercial, Medium Density Residential, and Low Density Residential designations to the Commercial Professional designation; and, d) redesignate properties from the General Commercial and Medium Density Residential designations to the Special Park Site designation. Code Amendment No. 2000-00002 - To amend Title 18 by establishing the South Anaheim Boulevard Corridor (SABC) Overlay Zone which would serve to: a) permit new land uses in the Overlay Zone area in addition to those allowed under existing zoning; b) establish a design review process for future development projects within the Overlay Zone area; c) adopt, by reference, a Master Plan for public and private landscaped areas; d) restrict establishment of additional locations for off-premises sales of alcoholic beverages, and; e) adopt a sign amortization program which would require the removal of freestanding signs not in conformance with the sign regulations contained within the Anaheim Municipal Code after a 15-year amortization period. Reclassification No. 2000-00023 - To reclassify subject area by combining the South Anaheim Boulevard Corridor (SABC) Overlay Zone with each parcel's existing underlying zoning designation while removing certain properties located south of the Southern California Edison Easement from the Resolution of intent to Sports Entertainment (SE) Overlay Zone. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended adoption of Exhibit "A" to City Council (PC2000-60) (5 yes votes, Commissioners Bostwick and Boydstun abstained). Recommended adoption of Exhibit "B" to City Council for GPA NO. 2000-00376 (GPA TRACKING NO. 2000- 00383) (PC2000-99) (5 yes votes, Commissioners Bostwick and Boydstun absent). Recommended adoption to City Council of Code Amendment No. 2000-00002 (ZCA TRACKING NO. 2000-00003). Granted Reclassification No. 2000-00023 (RCL TRACKING NO. 2000-00033) (PC2000-61) and (PC2000-100). Approved Mitigated Negative Declaration. Set for public hearing June 20, 2000, due to GPA No. 2000-00376. Approved request for City Council review. Public hearing continued from the meetings of June 20, 2000, Item C2, August 8, 2000, Item C3 and August 29, 2000, Item C2. Mayor Daly requested a brief report from the Staff and asked if anyone was present for the hearing. Community Development Director, Elisa Stipkovich, gave the staff report CITY OF ANAHEIM CITY COUNCIL MINUTES SEPTEMBER 26, 2000 PAGE 19 that had been heard at the workshop earlier at that meeting. She recommended holding the public hearing, taking any public comments, and coming back with some clarification in a couple of weeks. Mayor Daly asked what types of businesses would be allowed on the AAA site at Lemon and Vermont as a result of this and Community Development Director Stipkovich stated that it would be part of the neighborhood residential (townhouse density), but it is an existing commercial use zone. The other consideration would be if the City were to want to expand the park site and that could be done after the zoning for open space was modified, she explained. Council Member Feldhaus said he wanted a two-week continuance for an opportunity to research a more restrictive CL zone. Mayor Daly opened the public hearing for public comments and hearing no comments, closed the public hearing. Mayor Daly moved to continue the public hearing for two-weeks, seconded by Council Member Kring. Motion approved unanimously. 179 C2. CONTINUED PUBLIC HEARING -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 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. Zoning Division Manager Greg Hastings presented a brief staff report to the Council, which is available in the City Clerk's Office. Council Member McCracken asked Mr. Hastings if the variance was granted, would there have to be a fire-wall and he responded that there would and that there would have to be substantial construction done to the addition because it did not meet building codes. Council Member Tait asked what the cost would be to bring it into compliance and the Zoning Division did not have that information. Mayor Daly opened the public hearing. Gloria Haney, applicant, stated her appeal to Council. She said she believed that the reasons stated for the denial of the project were not accurate and the other homeowners CITY OF ANAHEIM CITY COUNCIL MINUTES SEPTEMBER 26, 2000 PAGE 20 had extensions from their garages, carports and patios and they had been allowed to continue with those extensions without having building code violations. She then passed out several exhibits to the City Council and proceeded to explain them. She believed that there were at least 25 other homes in her area that had different extensions to their homes and had not been sited with code violations. She also believed that the Planning Commission concluded that there were other spaces within the property where a shed could be built and that was not correct. She asked Council to approve the variance or at least send it issue back to the Planning Commission for an on-site review. Council Member Feldhaus asked if there was any opposition at the Planning Commission and Ms. Haney said that there was not. She stated that her neighbor down the street petitioned for a permit to have an aluminum patio on the side of the house in front and that was approved. Mayor Daly mentioned the Planning Commission's concern about fire protection and the need for upgrades if this were to comply with the Building Code. He asked Ms. Haney if she were prepared to make all the upgrades to come into compliance and she replied if it was necessary, they were prepared to make the upgrades because the cost to do the upgrades would probably be less or possibly equal to having to redo the garage roof since the cement tiles flow from the garage over to the extension. She stated that in the Planning Commission there was a sense that if there happened to be a fire or any other problems where the fireman had to enter the land, there would be difficulty because of the addition to the garage and she believed that this was not true. She stated that the right hand side was not the only entrance to her property front and back. Mayor Daly closed the public hearing. Planning Director Joel Fick added that this item came to the City's attention via a complaint since the Building Inspectors were not out looking for problems on sites. In other locations where structures may go to a property line, there was a variety of zoning throughout Anaheim Hills and a number of properties that had zero lot lines and different types of specific plan requirements that allow such structures to be constructed legally to the property line. In this instance the construction was done illegally in the 1980's. In the 1990's when a permit was sought for the roof, which the illegal construction had been roofed, the Building Inspector on-site would not have known that there had not been a variance granted. When the anonymous complaint was filed, staff investigated it and found that the construction was illegal. If the Council decided to approve this request, the structure would have to meet the Building Code requirements, he informed. Planning Director Fick said to get the building permit, there would have been a plot plan location shown and the Zoning Division would have reviewed the permit, knowing that it was too close to the property line, it would have been addressed. Answering Council Member McCracken about how to correct this, Mr. Fick said there were two ways mentioned by the Planning Director. The first would be to remove the illegal construction which would mean that the roof portion, from an attractiveness standpoint, would need to be readjusted and redone to cap off the end pieces. Alternatively, if Council granted a variance, there would still need to be a one-hour firewall constructed to meet the Building Code and that may pose some aesthetic issues, he noted. CITY OF ANAHEIM CITY COUNCIL MINUTES SEPTEMBER 26, 2000 PAGE 21 Mayor Daly stated that they should enforce the City's Building Codes and planning standards. The staff report was clear that there was no iustification for making the findings to approve this waiver, he clarified. Council Member Feldhaus asked that if Ms. Haney were to go to her next door neighbor and get them to sign a letter that they had no problem with it, would that cause a problem and Planning Director Fick said that they would still have the issue of meeting the Building Code requirements. Council Member Feldhaus asked what this structure was used for and Planning Director Fick responded that it appeared to be miscellaneous storage. Mayor Daly moved to approve the CEQA Environmental Finding of Categorically Exempt, Class 3, seconded by Council Member McCracken. Motion carried unanimously. Council Member Tait mentioned that this had been there for fifteen years without a complaint. Council Member Kring agreed, saying she would like Ms. Haney to clean it up and make it legal but tearing it down and starting over was not appropriate. Council Member Feldhaus said that maybe they could build the same kind of structure in the rear yard and keep the side yard open for emergencies. Mayor Daly moved to deny Variance No. 2000-04397, in accordance with the Planning Director's and Planning Commission's recommendation, by offering Resolution No. 2000R-208 for adoption. RESOLUTION NO. 2000R-208 A RESOLUITON OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 2000-04397. Roll call vote: Ayes - 3, Council Members McCracken and Feldhaus and Mayor Daly; Noes - 2, Council Members Tait and Kring. Motion carried. 179 C4. PUBLIC HEARING - WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2000-04221 AND NEGATIVE DECLARATION: OWNER: Evergreen Royalle, 12631 Sunswept Avenue #1, Garden Grove, CA 92843 AGENT: O'Neal Communications Group, Attn: Saied Naaseh, 18500 Von Karman Avenue #870, Irvine, CA 92612 LOCATION: 1919 East Center Street. Property is 3.1 acres located on the north side of Center Street, 310 feet west of the centerline of State College Boulevard (Evergreen Motel). To construct a telecommunications monopole with waiver of minimum interior yard setback. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 2000-04221 GRANTED IN PART (PC2000-93) (5 yes votes, Commissioners Boydstun and Bristol absent). Denied waiver of code requirement. Approved Negative Declaration. CITY OF ANAHEIM CITY COUNCIL MINUTES SEPTEMBER 26, 2000 PAGE 22 Informational item at the City Council meeting of August 29, 2000, Item B1. Review of the Planning Commission's decision requested by Mayor Daly and Council Member McCracken. Staff reported a request from the Agent, O'Neal Communications Group, for continuance of the public hearing. Mayor Daly moved, seconded by Council Member McCracken, to continue Conditional Use Permit No. 2000-04221 to the meeting of October 17, 2000. Motion carried unanimously. D. Report on Closed Session Actions: City Attorney Jack White reported no items required to be reported out of Closed Session. E. Council Communications: COUNCIL MEMBER MCCRACKEN announced that the Southern California Association of Governments, Community Economic and Human Development Committee will have a housing summit in Los Angeles on Monday, October 2, 2000, and she requested a report from staff or a workshop to consider what would be planned for the Anaheim Museum. COUNCIL MEMBER KRING thanked everyone who participated in the "Race for the Cure" last Sunday at Newport Beach. She said the OCTA CenterLine light rail project would be coming back to Orange County and she requested that it be agendized since two Council Members would be on the board. COUNCIL MEMBER FELDHAUS announced the Fall Festival Halloween Parade on October 21, 2000 and the Rocktoberfest would be at 7:30 P.M. and he invited everyone to join them on that day. MAYOR DALY requested that City Manager report back to Council as to what steps are to be taken regarding the downtown shopping center at Anaheim Boulevard and Lincoln Avenue. Adjournment: There being no further business to come before the City Council, Mayor Daly adjourned the meeting at 9:20 P.M. Respectfully submitted: Sheryll Schroeder, CMC/AAE City Clerk