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2000/11/07ANAHEIM, CALIFORNIA- CITY COUNCIL MEETING NOVEMBER 7, 2000 The City Council of the City of Anaheim met in regular session. PRESENT: Mayor Tom Daly, Council Members: Frank Feldhaus, Lucille Kring, Tom Tait and Shirley McCracken. STAFF PRESENT: City Manager Jim Ruth, City Attorney Jack White, City Clerk Sheryll Schroeder, Planning Director Joel Fick, Zoning Division Manager Greg Hastings. A copy of the agenda for the meeting of the Anaheim City Council was posted on November 3, 2000 at the City Hall inside and outside bulletin boards. Mayor Pro Tern McCracken called the regular meeting to order at 3:09 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. ADDITIONS/DELETIONS TO CLOSED SESSION: City Attorney Jack White requested two additions to the Closed Session agenda, existing litigation for City versus Hathaway, Orange County Superior Court Case No. 80-90-05 and City versus Pacific Islandia California, Inc., Orange County Superior Court Case No. 81-11-60. Mayor Pro Tem McCracken moved to add two items to the Closed Session agenda, Conference with Legal Counsel, existing litigation, Section 54956.9(a) of the Government Code, City versus Hathaway, Orange County Superior Court Case No. 80-90-05 and City versus Pacific Islandia California, Inc., Orange County Superior Court Case No. 81-11-60. Motion seconded by Council Member Kring and carried unanimously. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Closes Session items. Mayor Pro Tem McCracken moved to recess to Closed Session, seconded by Council Member Feldhaus. Motion carded unanimously. Mayor Daly and Council Member Tait were temporarily absent and joined the Closed Session soon after the recess to Closed Session, which occurred at 3:10 P.M. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of Case: Vista Royale Homeowners Assn. v. 396 Investment Co. fka The Fieldstone Company, et al., Orange County Superior Court Case No. 77-30-74 (and related cases). CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of Case: Lamb Engineering & Construction Co. v. City of Anaheim, Orange County Superior Court Case No. 00 CC 07050. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code: one potential case. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: Approximately 3 acres of property located at the southeast corner of Harbor Boulevard and Lincoln Avenue, Anaheim, California. CITY OF ANAHEIM CITY COUNCIL MINUTES NOVEMBER 7, 2000 PAGE 10. Agency negotiator: Elisa Stipkovich Negotiating parties: Anaheim Redevelopment Agency and Avalon Acquisition Corp. Under negotiation: price and terms LIABILITY CLAIMS Claimant: Hensel Phelps Construction Company Agency claimed against: City of Anaheim PUBLIC EMPLOYMENT Title: Public Utilities General Manager CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 3.89 acres of property located at the southwest corner of the I- 5 Freeway and Magnolia Avenue, 1211-A Magnolia Avenue, Anaheim, California Agency negotiator: James D. Ruth Negotiating parties: City of Anaheim and Delphi Automotive Systems, LLC Under negotiation: price and terms ANNUAL EMPLOYEE PERFORMANCE EVALUATIONS Titles: City Manager, City Attorney, City Clerk, City Treasurer CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: David Hill Employee organization: Anaheim Municipal Employees Association CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: David Hill Employee organization: International Brotherhood of Electrical Workers, Local 47 11. CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: David Hill Employee organization: Anaheim Police Association 12. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of Case: City of Anaheim v. Hathaway, Orange County Superior Court Case No. 80-90-05. 13. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of Case: City of Anaheim v. Pacific Islandia California Inc., Orange County Superior Court Case No. 81-11-60. AFTER RECESS: Mayor Daly called the regular Council meeting of November 7, 2000 to order at 6:15 P.M. and welcomed those in attendance. CITY OF ANAHEIM CITY COUNCIL MINUTES NOVEMBER 7, 2000 PAGE INVOCATION: Pastor Stan Sewell, Church of Christ. FLAG SALUTE: Council Member Feldhaus. PROCLAMATIONS AND DECLARATIONS: Ruben Aceves, Workforce Development Manager gave a presentation, to recognize seventeen members of the Private Industry Council for their years of service. Recognition to be presented at a later date was a proclamation recognizing November 12-18, 2000, as Anaheim Employees Charities Week. Item A21 was taken out of order and discussed. This was a request by Council Member Tait to discuss the purchase of Delphi property, southwest corner of Magnolia and I-5 Freeway. Mayor Daly suggested that if the Council was comfortable, that item A21 would be taken out of order since there were a lot of the people in attendance for the item dealing with Delphi. He explained that City Council had discussed the matter in Closed Session and given direction to the City Manager to pursue deals involving the land. The City Council had, on a unanimous vote, directed the City Manager to proceed to purchase the Delco field property from the Delphi Corporation. Mayor Daly said that the Anaheim Angels Baseball Team had made a commitment to the City of Anaheim to raise funds to offset the cost of the City purchasing the four acre parcel and also to assist the league in its on-going efforts to improve the fields and to make the league as successful as possible in the future. Mayor Daly then asked if there was a spokesperson for the West Anaheim Little League who would like to speak and comment on this subject. Bob Holston, president of the West Anaheim Little League, thanked the Mayor Council Members on behalf of his league, adding that they had been working with Delphi for over a year to get this accomplished and that there were grateful to the City Council. He asked if one of the Little Leaguers could present a brief speech and Andy Hollie to come to the podium. Andy Hollie of West Anaheim Little League thanked the Council and introduced two of the other Little League players. He asked the Council to let West Anaheim keep Delco field because their major players were moving up and they needed good fields and added that they needed this field to grow up to be pro baseball players. Council Member Tait said that he had just met some of the folks from the West Anaheim Little League and it had been very inspirational for him to work with them on this project. Council Member McCracken stated that Little League had been important part of her family because her son had played all the way up through Little League and through high school baseball and college baseball. She was aware of what it meant to Little League and their families. She hoped that with the help of the Angels could make this an opportunity for Anaheim and for the West Anaheim Little League. Council Member Feldhaus said that he played senior softball on Wednesdays, Thursdays and Sundays and that he was out there with the Little League in head and spirit. CITY OF ANAHEIM CITY COUNCIL MINUTES NOVEMBER 7, 2000 PAGE 4 118 158 123 158 Council Member Kring spoke about her experience as a pitcher and wished the League good luck and told them to enjoy their field. Mayor Daly stated that there was a lot of hard work by the City Manager and a lot of discussion by the City Council and the Anaheim Angels Baseball Team had committed personal involvement of some of their players to also help reimburse the City. The Mayor wished the Little League good luck. Mayor Daly asked the Council Members to return to the regular order of the agenda. At 6:36 P.M., Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Anaheim Housing Authority meetings. Mayor Daly reconvened the City Council meeting at 6:55 P.M. ADDITIONS/DELETIONS TO THE AGENDA: There were no additions or deletions to the agenda. PUBLIC COMMENTS: Jaime Martinez stated he had a problem with the Police Department after being arrested on April 26, 1999 and he asked for assistance from the Council and said that he would send them a letter. Mayor Daly said that they would read the letter and refer the situation to the Police Chief. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions, seconded by Council Member Feldhaus. Motion carried unanimously. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A20: On motion by Mayor Daly, seconded by Council Member McCracken, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar, except item A8 which was continued to November 14, 2000. Mayor Daly offered Resolutions Nos. 2000R-230 through 2000R-232 and Ordinance No. 5741 for adoption. Motion carried unanimously. Al. Reject certain claims and a certain application for leave to present late claim filed against the City. RESOLUTION NO. 2000R-230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 10317, 10321-10329, 10381). A3. Approve an agreement with PD LA PALMA, L.P., for the sale of the abandoned excess right-of-way (portion of Old La Palma Avenue located north of La Palma Avenue and west of Weir Canyon Road) and approve the quitclaim of said abandoned excess right-of-way to PD LA PALMA, L.P. A4. Approve an Agreement for Acquisition of real property for 1778 South Heather Lane (R/W 5180-86), approve a Grant Deed for sale of real property, approve Lot Line Adjustment Plat No. 469, and authorize the Mayor and City Clerk to execute the Agreement and Grant Deed. CITY OF ANAHEIM CITY COUNCIL MINUTES NOVEMBER 7, 2000 PAGE 123 167 156 160 A5. A6. A7. Approve and authorize the Mayor and City Clerk to execute an Agreement with CH2M Hill to prepare and complete the West Anaheim and Combined West Anaheim Sanitary Sewer Deficiency Studies and a Financial Implementation Plan and Program for sanitary sewers (in an amount not to exceed $109,994) to address capacity and operational deficiencies within the West Anaheim Area of the City. ORDINANCE NO. 5742 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending certain provisions of Chapter 12.12 of Title 12 of the Anaheim Municipal Code pertaining to right-of-way construction permits. Award the contract to the lowest responsible bidder, Chegini Enterprises, Inc. dba SMC Construction, in the amount of $445,200 for tenant improvements to the Anaheim Police Department East Station and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Mayor Daly asked if this would be the extent of the tenant improvements to the facility for the next few years or would there be a series of these and City Manager Jim Ruth stated that this was the completion of the second and third floor and it was out of Mello Roos funds. They designed the second and third floors, put it out to bid and got a very good bid because this was actually under estimate he noted and said this would complete the facility for long term use. Mayor Daly asked if there had been decisions on who would use all of the space once it was improved and City Manager Ruth stated that the Chief of Police and his staff had been working on that for some time and it had been designed around those future needs and which officers would be reassigned to the facility and which police functions would work out of that facility. Mayor Daly requested a follow up report on the use of the entire facility, asking for clarification on how much of the building would also be used by police versus other departments since Community Services had an office and a staff there. City Manager Ruth stated that there was 10,000 square feet set aside for Community Services and it had been used extensively out there. They had talked about using some Code Enforcement and inspectors in the front entry area of the facility. Since it was in the Mello Roos district, the City was required by law to utilize approximately 80% of the facility for police use. A8. Accept the bid of CA Short Company in an amount not to exceed $50,000 (including tax) per year to administer the City's service award program as required for a one-year period beginning October 2000 and authorize the Purchasing Agent to exercise up to three additional one-year optional renewals, in accordance with Request for Proposal No. 6069. Council Member Feldhaus believed that the long-time Anaheim company deserved an opportunity to provide this service even if it was on a probationary basis. He asked if this item had gone out to Iow bid and he noted that Human Resources and Purchasing had evaluated proposals and determined that the CA Shod Company provided the most comprehensive and professional awards program. CITY OF ANAHEIM CITY COUNCIL MINUTES NOVEMBER 7, 2000 PAGE 160 160 160 160 105 113 123 Mayor Daly shared Council Member Feldhaus' concern and asked the City Manager to report back to City Council within the next seven days with more information and comments on the local vendor. He also asked that a breakdown be given on how much of the $50,000 cost was for time, administration and how much was hardware by the outside vendor. City Manager Ruth stated that they would be glad to continue this item for one week and answer any questions that the City Council had. Council Member Feldhaus moved, seconded by Mayor Daly, that Item A8 be continued for one week to November 14, 2000. Motion carried unanimously. A9. Accept the bid of West Coast Doors and Opening Devices, Inc., for a one-year period beginning October 2000 and authorize the Purchasing Agent to exercise up to three additional one-year optional renewals, in accordance with Request for Proposal No. 6069. amount not to exceed $41,108 (tax inclusive) for the removal, replacement and installation of six overhead doors and operators at Fire Station #2, in accordance with Bid No. 6077. Al0. Accept the bid of Central Maloney, Inc., in the not-to-exceed amount of $27,000 (including tax) for subsurface transformers; and accept the bid of Kuhlman Electric in the not-to-exceed amount of $165,000 (including tax) for single phase padmount transformers; accept the bid of Howard Industries in the not-to-exceed amount of $7,100 (including tax)for single phase padmount transformers; and authorize the Purchasing Agent to exercise three one-year optional renewals in accordance with Bid No. 6070. All. Accept the bid of R.J. Noble Company in an amount not to exceed $500,000 a year (tax inclusive) with four one-year optional extensions for the asphalt equipment rental with operator for the Streets and Sanitation Division, and authorize the Purchasing Agent to execute any renewal options in accordance with Bid No. 6066. A12. Waive Council Policy 306 and authorize the Purchasing Agent to issue a purchase order to Canada Power Products Corporation in the amount of $213,024 (excluding tax) for switch automation materials for Warehouse stock. A13. Instruct the City Clerk to post the Notice of Unscheduled Vacancy, per Government Code gection 54974, for the vacancy created by Thomas "Hoagy" Holguin's resignation from the Anaheim Redevelopment and Housing Commission, term to expire June 30, 2004. A14. A15. RESOLUTION NO. 2000R-231 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old. (Library Services Division.) Approve and authorize the Executive Director of Community Development to execute an Economic Development Assistance Agreement with the Anaheim Memorial Medical Center for the purpose of developing a plan for the adaptive reuse of the Anaheim Memorial Medical Center site. CITY OF ANAHEIM CITY COUNCIL MINUTES NOVEMBER 7, 2000 PAGE 161 123 123 108 114 A16. RESOLUTION NO. 2000R-232 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM consenting to and calling for a joint public hearing on the proposed Amendment No. 3 to the redevelopment plan for the River Valley Redevelopment Project. (Joint public hearing scheduled for December 12, 2000.) A17. Authorize the Police Department to enter into a three-year lease agreement with Noble Management Company in the amount of $1,300 a month for the storage of police property and evidence and authorize the Chief of Police to execute the agreement. A18. Approve and authorize the Public Utilities General Manager to execute the First Amendment to Agreement with Walt Disney World Company to include the sale of three transformers. A19. A20. ORDINANCE NO. 5741 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending specified sections of Chapter 2.12 of Title 2 of the Anaheim Municipal Code relating to Transient Occupancy Tax. (Introduced at City Council meeting of October 24, 2000, Item A15.) Approve minutes of the Anaheim City Council meetings held September 26 and October 10, 2000. END OF CONSENT CALENDAR 158 OFF CONSENT CALENDAR ITEMS A21. Discussion requested by Council Member Tait regarding the purchase of Delphi property, southwest corner of Magnolia and I-5 freeway. Discussed prior to the Redevelopment Agency and City Council Consent calendars. 173 A22. Board and Commission Appointment: Appoint two Council Members to the Orange County Transportation Authority Corridor Advisory Panel for The CenterLine. Mayor Daly stated that Council Member Kring and Council Member Feldhaus had expressed interest in this project and in serving on the Committee. Mayor Daly moved, seconded by Council Member Tait, to appoint Council Member Kring and Council Member Feldhaus to the Orange County Transportation Authority Corridor Advisory Panel for the CenterLine. Motion carried unanimously. 116 A23. Approve appointment of Marcie L. Edwards to the position of Public Utilities General Manager and approve benefits. Mayor Daly moved for a one-week continuance, seconded by Council Member Feldhaus. Motion carried unanimously. CITY OF ANAHEIM CITY COUNCIL MINUTES NOVEMBER 7, 2000 PAGE Items B1 throuqh B2 From Zoninq Administrator Meetinq of October 19, 2000, Decision Date October 25, 2000: (No action necessary unless Council desires to set a particular item for public hearing.) APPEAL PERIOD ENDS NOVEMBER 9, 2000: 179 BI. ADMINISTRATIVE ADJUSTMENT NO. 2000-00202 AND CATEGORICAL EXEMPTION SECTION 15061(b)(3) OWNER: Lih-Jou and Susana Wan-Pei Chung, 420 Peralta Hills Drive, Anaheim, CA 92807 AGENT: Clair Wombacher, 1221 N. Tippetts Lane, Anaheim, CA 92807 LOCATION: 420 Peralta Hills Drive. Property is 0.95 acre having a frontage of 185 feet on the north side of Peralta Hills Drive and a maximum depth of 225 feet and located 290 feet west of the centerline of Belleza Lane. Waiver of maximum fence height (3 feet high permitted; 5.5 feet high proposed) to construct a 3 to 5.5 foot high block wall and wrought iron fence within the required front yard setback of a single-family residence in the RS-HS 43,000 (SC) (Single-Family Residential, Hillside; Scenic Corridor Overlay) Zone. ACTION TAKEN BY ZONING ADMINISTRATOR: Administrative Adjustment approved (ZA Decision No.2000-00202). Mayor Daly asked if there was any follow up done by Code Enforcement and Planning with regard to a three to five foot cinderblock wall right at the sidewalk which was illegal without a special permit from the City due to the setback requirements. Planning Director Joel Fick stated that there was follow up and there had been a number of requests because of Code Enforcement's and Building's involvement in the field. The Code had changed to have a special permit with review and Planning would like a chance to review comments and thoughts brought back through the Planning Commission. What had happened in the transition, he explained, was that for many years and up until recently, the Code use to allow walls right at the property line in the front yards for any homes that fronted on any type of an arterial highway. They had never been allowed on the interior streets, he finalized. 179 REPORT AND RECOMMENDATION ITEM: B2. VARIANCE NO. 2000-04411 - REQUEST FOR A NUNC PRO TUNC DECISION TO AMEND DECISION NO. 2000-38 OWNER: North American AID, 2201 Seal Beach Boulevard, Seal Beach, CA 90740. AGENTS: Pacific Sunwear of California, Inc., 5200 East La Palma Avenue, Anaheim, CA 92807, Attn: Carl Womack, and Boeing North American Fitness, Inc., c/o Boeing Realty Corporation, G.O. Wiley, 4060 Lakewood Boulevard, 6th Floor, Long Beach, CA 90808-1700. LOCATION: 3450 East Miraloma Avenue. To amend Decision No. 7_A2000-38, nunc pro tunc, adopted in connection with Variance No. 2000-04411, deleting Condition No. 28, regarding a proposal to construct a a 300,000 square foot single-story warehouse distribution building and a 180,000 square foot three- story corporate office building. ACTION TAKEN BY ZONING ADMNISTRATOR: Variance No. 2000-04411, amended Decision No. 2000-38, nunc pro tunc (Decision No. ZA2000-39). CITY OF ANAHEIM CITY COUNCIL MINUTES NOVEMBER 7, 2000 PAGE 179 END OF THE ZONING ADMINISTRATOR ITEMS B3. REQUEST FOR REHEARING - RECLASSIFICATION NO. 2000-00030 AND NEGATIVE DECLARATION (VARIANCE NO. 4381) OWNER: Margaret Yarema, 1212 South Western Avenue, Anaheim, CA 92804 AGENT: Brian Yarema, 1212 South Western Avenue, Anaheim, CA 92804 LOCATION: 1212 South Western Avenue. Property is 0.27 acre located on the east side of Western Avenue, 165 feet south of the centerline of Ball Road. Reclassification No. 2000-00030 - To reclassify subject property from the RS-A- 43,000 (Residential/Agricultural) Zone to the RM-2400 (Residential, Multiple Family) Zone or less intense zone. ACTION TAKEN BY THE PLANNING COMMISSION: Denied Reclassification No. 2000-00030 (PC2000-103) (5 yes votes, Commissioners Bostwick and Boydstun absent). Negative Declaration approved. Informational item B7 at the City Council meeting of September 19, 2000. Letter of Appeal submitted by agent, Brian Yarema, for owner, Margaret Yarema. At the meeting of October 10, 2000, Item C4, the Anaheim City Council denied Reclassification No. 2000-00030 (Resolution No. 2000R-217). Request for Rehearing submitted by the Agent, Brian Yarema. The applicant, Brian Yarema, said that he had requested a rehearing because he believed that there were other properties that had received the same type of waivers or rezoning. Mayor Daly responded to the applicant by stating that the waivers were discretionary and that there was nothing automatic about receiving one. The applicant asked about making this property RM-5000 and Mayor Daly stated that this was basically a new application and the owner should follow up through the Planning Department. Mayor Daly moved, seconded by Council Member McCracken, to deny the rehearing of Reclassification 2000-00030. Motion carried unanimously. 179 B4. REQUEST FOR REHEARING -VARIANCE NO. 2000-04397 CATEGORICALLY EXEMPT-CLASS 3: OWNER: John H. Haney, 668 South Pathfinder Trail, Anaheim, CA 92807 AGENT: Gloria D. Haney, 668 South Pathfinder Trail, Anaheim, CA 92807 LOCATION: 668 South Pathfinder Trail. Property is 0.24 acre located on the south side of Pathfinder Trail, 690 feet east of the centerline of Scout Trail. Waiver of (a) maximum fence height and (b) required side yard setback, to retain a patio structure and built up wall. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 2000-04397 DENIED (PC2000-81) (6 yes votes, Commissioner Arnold absent). Informational item at the City Council meeting of July 11,2000, Item B2. Letter of appeal submitted by the Agent, Gloria Haney. Public hearing continued from the meeting of August 29, 2000, Item C3. At the public hearing held September 26, 2000, the Anaheim City Council denied Variance No. 2000-04397 CITY OF ANAHEIM CITY COUNCIL MINUTES NOVEMBER 7, 2000 PAGE 10 The Agent, Ms. Gloria Haney, submitted request for continuance of the Request for Rehearing. On motion by Council Member TaR, seconded by Council Member Kring, to continue the Request for Rehearing as requested by the applicant for one week. Motion carried unanimously. 6:00 P.M. PUBLIC HEARINGS: 179 C1. CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 2000-00025 WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2000-04224 AND NEGATIVE DECLARATION: OWNER: Charles Hance, 828 West Vermont Avenue, Anaheim, CA 92805. AGENT: Valli Architectural Group, 81 Columbia, Suite 200, Aliso Viejo, CA 92656. LOCATION: Portion A: 828 West Vermont Avenue. Property is 0.9 acre located on the south side of Vermont Avenue, 110 feet west of the centerline of Citron Street (Coast Corvette). Portion B: 900 West Vermont Avenue. Property is 1.1 acre located on the west side of a public alley, 315 feet south of the centerline of Vermont Avenue (Formerly A-1 Body and Paint). Reclassification No. 2000-00025 - To reclassify Portion B from the RS-A-43,000 (Residential/Agricultural) Zone to the CL (Commercial, Limited) Zone. Conditional Use Permit No. 2000-04224 - To permit and retain an existing unpermitted truck rental facility and permit a self-storage facility with waiver of (a) required setback adjacent to a freeway and (b) required interior setback adjacent to any residential zone boundary. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 2000-00025 Granted (PC2000-96) (5 yes votes, Commissioners Bostwick and Boydstun absent). CUP NO. 2000-04224 granted in part denying the truck rental facility (PC2000- 97) (5 yes votes, Commissioners Bostwick and Boydstun absent). Waiver of code requirement approved. Approved Negative Declaration. Informational item at City Council meeting of September 19, 2000 (Item B1). Review of the Planning Commission's decision requested by Mayor Daly and Council Member Feldhaus. Public hearing continued from the meeting of October 24, 2000, Item C3. Zoning Division Manager, Greg Hastings, presented a staff report. He noted that the Planning Commission imposed a condition of approval on the reclassification that if the self storage facility was not under construction by August 21, 2001, the Commission would consider rezoning the property back from the CL to the RS-A-43,000 zone which would help prevent speculation of other uses that could be permitted in the CL zone that may not be appropriate for the neighborhood. Mayor Daly asked if there had been a professional traffic engineer involved in analyzing the impact of traffic and Zoning Division Manager Hastings replied that as part of their interdepartmental review, the City's Traffic and Transportation Manager reviewed the traffic impact to the area and determined that the amount of traffic that would be generated from this use would be much less than a standard type of commercial use. Mr. Hastings added that the Planning Commission approved the self-storage but not the truck rental facility and the hours for the self-storage would be 7:00 A.M to 7:00 P.M. as requested by the applicant. CITY OF ANAHEIM CITY COUNCIL MINUTES NOVEMBER 7, 2000 PAGE 11 Council Member McCracken said that if the zoning was changed to CL with the Planning Commission condition that the storage units be built by August of next year, in five or ten years they could be taken down. She was concerned that since the property was already zoned CL, anything commercial could be placed on it. Mayor Daly opened the public hearing. On behalf of the applicant, Attorney Brad Knypstra gave a brief summary of the project to the Council. He stated that the applicant had proposed a self-storage facility at this location because he believed that this would be the most benign use and generate the least amount of traffic for that location. Mr. Knypstra referred to a petition signed this date and a letter that was in support of Coast Corvette. He thanked Planning Director Joel Fick for the opportunity to meet with the department and clarify some issues. The first issue related to the lot line adjustment and the second to the termination of the variance for the sign at 900 West Vermont. Mr. Knypstra requested that Council support this facility as the best use of this particular parcel. Mayor Daly asked if the Planning Commission had made any changes to the recommendation on this project and on how the project would look from the freeway, which way the roll up doors would face, and signage. Zoning Division Manager Hastings responded that any of the changes that were made at the Planning Commission were in line with what the Planning staff had recommended and the conditions of approval reflect what staff was looking for. Mike Modomong, 963 South Citron, Anaheim, spoke in support of the project. He said that his bedroom slider faced out into the subject property. He purchased the property seventeen years ago when there was a two-story body and paint shop there and he did not have any trouble with the freeway noise. He said that he was ten yards away from the property and his bedroom slider faced the freeway. After many attempts over the course of three years to get a sound wall put in by CalTrans, he said, they would not do it. He said that this project would be a wonderful thing to happen so he could get some sleep and that Coast Corvette was a bright spot in the community and very well landscaped. His bedroom window would still be facing the freeway and he asked that maybe a facade could be placed on the Coast Corvette property so that all of the neighbors would be blocked away from the freeway sound. Linda Keller, 195 South Avenida Felipe, Anaheim, spoke in opposition of the project. She reported to represent hundreds of people in the neighborhood and asked if Council would not allow any more commercial in the neighborhood. She said that their main concern was the U-Haul and she asked if he was definitely proposing not to have that business. Planning Director Joel Fick said that from a technical standpoint, the item was advertised with the U-Haul although the Planning Commission did not approve it and the Council could or could not include it. He said that staff's recommendation was that the U-Haul portion not be included. Planning Director Fick said that with regard to condition number two, Planning recommended that that condition stay intact, with the understanding that if those parcels had al'ready been combined into two parcels as the applicant had represented, then that condition would have already been satisfied, although when they started the process, it was not designated that way on the City's engineering maps. With respect to condition number four, which pertained to the old variance for the one- day auto use that was no longer in existence and a sign that was no longer there, it was just a formality to request termination, he explained. CITY OF ANAHEIM CITY COUNCIL MINUTES NOVEMBER 7, 2000 PAGE 12 Jim Hansen, apartment building owner of 729 West Bellevue, stated that they were opposed to the project and that they had no assurance that this storage unit building would stay a storage unit building. He believed that with hundreds of units there, there would be additional traffic generated and the neighbors would like to keep it a residential area. Attorney Brad Knypstra stated once again that this was the most benign use of the property and that the residents had no intention of having the U-Haul because that would have generated more traffic. This would be a $3 million building and the conditional use permit that applied to that self-storage use could not be easily changed. He said that this would be the least intrusive use for that location. Mayor Daly closed the public hearing. Mayor Daly asked for clarification on the signage. Zoning Division Manager Greg Hastings affirmed that there would be a 180 square foot wall sign on the new building to be constructed and any further signage, the Planning Commission would have to review. If the sign panel that said U-Haul was removed, that sign could be dedicated to any on-site use and the self-storage facility was off-site since it was on a different piece of property so that would not be allowed to be used for that. He noted that Planning Commission approved the one wall-sign. Mayor Daly said he had opposed the parking lot that the property owner wanted to build to the north of the property and he was uncomfortable with this project. He believed that if the City was to preserve the residential character of this neighborhood, this was not a step in the right direction. He opposed the request to build a self-storage facility on this property. Council Member Tait agreed with the neighbors that the U-Haul business would not be appropriate and would be a burden on the neighborhood. He agreed with the Planning staff and Planning Commission that the self-storage facility was benign and would be a buffer between the neighborhood and the freeway. Council Member Tait moved to approve the CEQA Environmental Finding of Negative Declaration, seconded by Council Member Kring. Roll call vote: Ayes - 3; Council Members Tait, Feldhaus and Kring. Noes - 2; Mayor Daly and Council Member McCracken. Motion carried. Council Member Tait offered the following resolutions to approve the self-storage facility with the condition that it would not include the U-Haul as reflected in the Planning Commission's decision: RESOLUTION NO. 2000R-233 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED (RECLASSIFICATION NO. 2000-00025). RESOLUTION NO. 2000R-234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2000-04224 IN PART. Roll call vote: Ayes - 3, Council Members Tait, Feldhaus, Kring. Noes - 2: Mayor Daly and Council Member McCracken. Motion carried. CITY OF ANAHEIM CITY COUNCIL MINUTES NOVEMBER 7, 2000 PAGE 13 179 C2. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2000-04253 AND NEGATIVE DECLARATION OWNER: Corporation of the Presiding Bishop of the Church of Jesus Christ of the Latter Day Saints, 50 East North Temple Street, Salt Lake City, Utah 84150 AGENT: Shirl Cornwall or Kent Cornwall, 234 North El Molino Avenue, Pasadena, CA 91101 LOCATION: 1518 West Westmont Drive. Property is 0.29 acre located on the south side of Westmont Drive, 355 feet east of the centerline of Loara Street. To permit and construct a parking lot for an existing church with waiver of (a) institutional uses adjacent to residential zones and (b) minimum parking lot landscaping. ACTION TAKEN BY PLANNING COMMISSION: Waiver of Code Requirement denied (7 yes votes). CUP NO. 2000-04253 denied (PC2000-111 ) (5 yes votes: Commissioners Arnold, Bristol, Koos, Napoles, and Vanderbilt; Noes: Commissioners Bostwick and Boydstun). Negative Declaration approved (4 yes votes: Commissioners Arnold, Bristol, Bostwick, and Boydstun; Commissioners Koos, Napoles, and Vanderbilt voted no). Appealed by agent, J. Shirl Cornwall. Zoning Division Manager Greg Hastings presented a brief staff report to the Council. Planning Director Joel Fick stated that there were existing parking issues in the neighborhood and this could serve to mitigate some of those by providing additional spaces. Planning had focused on providing the appropriate buffers with the expanded parking lot and having the required landscaping. If the parking lot expansion should take place, it should be done without any waivers to the City's code, he noted. The applicant was requesting that the waivers be granted because to install the landscaping, they would loose several parking spaces. Staff supported the landscaping so that it would provide a necessary buffer for the residential lots. The present plans show a seven and one half- foot wide strip and code requires fifteen feet for a church next to the single- family residential. The proposal was fifteen feet on the east property line and it was a combination of five feet and seven and one half feet on the jogged portion on the south property wall. Council Member Feldhaus asked if they fully complied, how many parking spaces would be lost and Planning Director Fick said he believed it was four spaces. Mayor Daly opened the public hearing. Doug Hampton, Member of the Stake Presidency of the Anaheim Stake, Church of Jesus Christ of Latter Day Saints, was present to represent the Church. He stated that Council received a letter from them dated November 2, 2000, regarding their opposition to the Planning Commission's findings. He said that the Church desired to be a good neighbor and expand their parking lot to meet the current needs and any expansion that may come from growth in membership. Mr. Hampton stated that they would spend in excess of $350,000 to add twenty-five parking spaces. CITY OF ANAHEIM CITY COUNCIL MINUTES NOVEMBER 7, 2000 PAGE 14 Council Member Kring asked Mr. Hampton why they would not want to do the landscaping and he said that they wanted to make it continuous with the existing landscaping. He said that the proposed setback on the street side would remain as it was and they were just asking for the south side to be minimized down to five feet and seven feet where it abutted residential. They were willing to build an eight-foot wall in order to buffer sound and there would be a hedge across the remainder on the east and the south ends. There was already a five and one half-foot/five feet seven-inch buffer around and it would just be continuous in the continuity in the property and its look, he explained. Council Member Kring said that the parking spaces closest to that house would be used last so in most instances there would be no parking abutting that property and noise and emissions and Mr. Hampton affirmed and said that most people wanted to park closest to the building. He said that occasionally, the new Westmont Elementary School across the street would be using their parking lot for open houses and other school functions. There would also be an occasional use by another group if it falls within their policy guidelines. Council Member McCracken noted that the biggest concern in that neighborhood was the parking in the streets and she asked Mr. Hampton if he saw this as a solution to this problem and he said that there were approximately ten cars that end up on the street on a regular basis on a Sunday and having these spaces would minimize the use of the street for parking. There would be twenty-five additional spaces with the request for variance or twenty-eight minus three for landscaping which would be net twenty-five. Mayor Daly asked Mr. Hampton if he had communicated with the property owner to the south who would be affected by the amount of landscaping that would be installed and was the property owner accepting of the waiver. Mr. Hampton replied that the property owner to the east was not accepting of this project and the property owner to the south had no negative comments. Agent Shirl Cornwall, Cornwall Associates Architects, 234 North El Molino, Pasadena, was present to address some of Council's concerns regarding the south wall. He said that the property line wall, by code, would be six feet high which would shield the neighboring properties from the parking lot visually. He believed that it would also shield it sound-wise because they had an acoustical consultant advise them as to what difference it would make if a car was seven feet, five feet or fifteen feet from the wall and it was only a two decibel difference in the sound that would be generated. The sound that would be generated through the wall would not be noticeable to the neighbors. They would propose to landscape that section heavier to help reduce sound intrusion and trees would be planted to grow above the wall and also provide some shielding from the second story windows of those properties, he offered. There was a diagram that was given to Council for their packets that showed that those properties to the south were not really impacted by the new parking area. The conditions of concern for bothering the neighbors were highly minimized whether it would be fifteen or seven and one half feet. Mr. Cornwall said that they only had fifteen cars on one side, thirteen on the other side and it seemed redundant to him to loose two more spaces for planting in an area that would be profusely planted with fifteen feet on the east side and the front had twenty five feet of planting. He said that if the two waivers were granted, that would be four cars off of the street. Matthew Ross, 13 Georgetown, Irvine, was present with his brother Mark Ross, who resided at 2317 Coronet, Anaheim and he introduced his Mother, Jane Ross, the current CITY OF ANAHEIM CITY COUNCIL MINUTES NOVEMBER 7, 2000 PAGE 15 owner of the property at 1508 Westmont Drive. The house was in escrow and escrow depended upon whether the Church was given permission to build the parking lot or not, he explained. Mrs. Ross said that she and her husband had built the house in 1955 and when the Church was built, they had been very good and enjoyable neighbors. Robert Lynn, 507 Meadowbrook Place, Anaheim, said he had known the Ross Family since 1957 and he had lived 31 years behind the parking lot of the Church. In 1968 when he moved in, there were beautiful pine trees and he had screening from the parking lot. Several years ago, tree trimmers came along and took all the trees out. There was no landscaping against his wall now and they did not replace the trees with trees, but bushes below the line of the block wall. Mr. Lynn then spoke about a shed in the parking lot of the Church, which would house the lawnmower to cut their grass, but he believed that there was more than just a lawnmower in the shed because it was higher than the apartment garage next door. He believed that it would be physically impossible to landscape on their side of the property between the shed and the block wall and he produced pictures for Council. The conditional use permit that was issued when the Church was built called for landscaping and the idea was to help with sound attenuation and visual encroachment, he said. Paula Eberhardt, 1500 Westmont Drive, stated that she had set up a meeting with the Church and they agreed to the hedge and said that they would give Ms. Eberhardt some contact people at the Church. One of the concerns Ms. Eberhardt had was that in the evenings, when there were problems in past years, there was no one to contact and they had agreed to that. Ms. Eberhardt's entire property was the first house to the east and it ran alongside the proposed parking lot. Since it was an old house, it was built very close to the property line and so the fifteen-foot setback was really important on that side. She believed that closing the gates at night would mitigate the idea of having the whole area open to other elements other than residential in the area. The Church did not have someone on site to close the gate and Ms. Eberhardt had asked them to hire someone or put in an electric gate. She said that contingent factors she would like to see put into the Resolution would help make this work for everyone. She would like to have the gates closed at night and wanted both the Loara and Westmont gates opened on Sunday. The Loara gate had not been open and she maintained that it was a violation of the original Administrative Adjustment. She requested that the Church maintain the fifteen-foot setback on both the east and south properties even if they loose a couple of parking spaces. Ms. Eberhardt expressed her concerns and asked that there be a sound buffer and since her house sat up high, she would also like to have a visual buffer as well. She requested a two-week notification, in writing, before they tear down the fence that was currently there. She asked that the Church rearrange their schedules to maintain the people within the parking lot and rectify any recommendations on the list from the Planning Commission. Ms. Eberhardt stated that if the Church would adhere to the following contingencies, she would then remove her objections: close those gates at night and open in the morning, open the Loara gate on Sunday, do what the Planning Commission had asked for, plant non-deciduous trees, and maintain the fifteen foot buffer. Planning Director Joel Fick responded to Mayor Daly that the list of deciduous trees was listed as condition number five. Steve Pebbly, 1464 Westmont, Anaheim, said he lived two houses east of the Church parking lot and he said that the Mormon Church had always been a very good neighbor. He believed that his neighbor, Ms. Eberhardt, was the most vulnerable and whatever CITY OF ANAHEIM CITY COUNCIL MINUTES NOVEMBER 7, 2000 PAGE 16 she was satisfied with, he would be satisfied with. Mr. Pebbly agreed that the gate issue needed to be addressed. Jack Miller, 513 North Meadowbrook, Anaheim, lived on the property immediately east of the existing parking lot of the Mormon Church and said it was noisy. He had been over to the Church protesting on a couple of occasions because of the noise that was generated in the parking lot by kids honking the horn. He pointed out that there was parking available across Loara Street in the Anaheim Plaza. There were signals there and crosswalks and they could park more than twenty-eight cars over there. He protested the invasion of another parking lot into the residential neighborhood. Mayor Daly requested a comment on the proposed conditions of Ms. Eberhardt. Doug Hampton stated that with regard to the use of their property, ten years ago they went through a major renovation which was all done through the Planning and Zoning Department and the building was brought up to code. The Church was not aware of any violations regarding those issues. He said the fence was a result of the Anaheim Plaza and the Wall Mart which was adjacent to the Church. After Wall Mart opened, some of the Church members were accosted and burglarized in the Church parking lot. Mr. Hampton stated that a Captain with the Anaheim Police Department suggested that the entire building be fenced off from the sidewalk. The Church opted not to do that since it was not aesthetically pleasing so they chose to block off just the parking lot. They would open the Loara gate on occasion, but not on a regular basis. There had not been any burglaries or problems since the gate went in and that was a benefit to the members, he felt the use of the gate on Westmont was that it was only closed once a year in January to maintain private property status. Mr. Hampton said that they would remove the gate so that they don't have a gate that closes. After hours, no one had any overnight parking privilege. Mr. Hampton walked the parking lot at 5:00 a.m. every morning and didn't see any problems. He said that if there were future concerns, they would address them at that time. The Church had looked into gate closures and they were an expensive proposition and hard to maintain. There was also no one to close the gate and to hire someone to do it would be an enormous expense. Mr. Hampton addressed the noise issue by saying that he had attended that Church for twenty years and the landscaping had not changed in that amount of time. He believed that those issues regarding noise were addressed already. Mr. Hampton reported that prior to the sale of the property to the Anaheim City School District for the expansion of Westmont School, they were able to use the parking lot to the north of the Church. The manager of the Anaheim Plaza property had an agreement with the people who lease there to not let others use that parking lot because they were constantly getting requests to use it. Mr. Hampton refused to accommodate Ms. Eberhardt's requests unless they became an issue at a future date. Mr. Hampton said that most of the Church members were out of the building by 10:00 P.M. Mayor Daly said that Ms. Eberhardt's request to have twenty-four hour security in that parking lot, even if it would be expensive or troublesome, was not an unreasonable request. There was a clear delineation between the single-family housing and the other uses and this would be the first intrusion. Council Member McCracken was concerned about trouble in the parking lot after hours. Mr. Hampton stated that any complaints about the building usually came to his attention and he had not seen any complaints. CITY OF ANAHEIM CITY COUNCIL MINUTES NOVEMBER 7, 2000 PAGE 17 Mayor Daly explained that even though the Church had been a great neighbor, he was concerned about the commitment of stability for the neighborhood. Mayor Daly said he was not comfortable with the project. Mr. Hampton stated that they would make an accommodation to chain off the area, which would be the new parking area during the week. The Church would put up a couple of balliards, a chain that goes across and they would drop it on Sunday or in cases where they need the overflow, and that would buffer that area from traffic. Council Member Feldhaus asked Mr. Hampton if the Church would be willing to put in such things as Italian Cypress trees that grow tall to help attenuate the sound and he stated that landscaping was not a problem and Ms. Eberhardt had already made a request that the Church preserve her hedge that was on her side now and the Church would accommodate. Council Member McCracken asked if there would be an agreement for Westmont School for mutual parking noting the Church was letting their construction workers use their parking lot on a year to year basis. Council Member Tait said that it might be a good compromise if the Church was willing to chain off the parking lot which would ensure that no one would even park there except for Sundays. Council Member Feldhaus suggested that the Church work with staff to guide them into the mitigating measures. Planning Director Joel Fick said that they would come together with the neighbors and the Church and bring back comments to the next Council meeting. Council Member McCracken asked for clarification with the Fire Department on the gates and when they should be open or not open. Council Member Kring moved to continue the item for one week and that Mr. Hampton and the neighbors get together with staff and work out some specific conditions such as a chain across a portion of the parking lot, more thorough landscape screening and sound attenuation. Seconded by Council Member Tait. Motion carried unanimously. Report on Closed Session Actions: City Attorney Jack White stated that there were no items to report other than what was reported earlier. Council Communications: Council Member McCracken thanked all veterans who had served and protected the Country and she urged citizens to stop by and see the Veterans Memorial across the street. Council Member Feldhaus thanked all the Fall Festival Committee members and staff from the City for the success of the Halloween Fall Festival parade and he also gave special thanks to Adelphia and OCN. Pacific Bell 4th Floor won the sweepstakes award for the best overall display of costume and design. City of Anaheim Human Resources Department won the best overall display of costume and design for dressing as 101 Dalmations. Interior design award CITY OF ANAHEIM CITY COUNCIL MINUTES NOVEMBER 7, 2000 PAGE 18 went to Quality Telecommunications and the Anaheim Ballet won a window design award. The best visual presentation went to Visser's Florist and Greenhouse. Adjournment: There being no further business to come before the City Council, Mayor Daly adjourned the meeting at 9:05 P.M. Respectfully submitted: Sheryll Schroeder, CMC/AAE City Clerk