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2002/04/09 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING APRIL 9, 2002 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 David Morgan, City Attorney Jack White, City Clerk Sheryll Schroeder, Executive Director of Planning and Community Development Joel Fick, Zoning Division Manager Greg Hastings and Public Works Civil Engineer Natalie Meeks. A copy of the agenda for the meeting of the Anaheim City Council was posted on April 5, 2002 at the City Hall inside and outside bulletin boards. Mayor Daly called the regular meeting to order at 3: 13 P. M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. ADDITIONS/DELETIONS TO CLOSED SESSION: None. PUBLIC COMMENTS - CLOSED SESSION ITEMS: None. Mayor Daly moved to recess to Closed Session, seconded by Council Member McCracken. Motion carried unanimously. The Council recessed to Closed Session at 3:14 P.M. CITY COUNCIL 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Kord Group v. The Fieldstone Company, et aI., Orange County Superior Court Case No. 76-32-58. 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: City of Yorba Linda v. City of Anaheim, Orange County Superior Court Case No. 01CC09320. 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: In re: Ogden New York Services, Inc. et aI., U.S. Bankruptcy Court No. 02-40846-cb (SDNY). ANAHEIM REDEVELOPMENT AGENCY 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: 1007 West Lincoln Avenue, Anaheim, California Agency negotiators: Joel Fick, Elisa Stipkovich Negotiating parties: Anaheim Redevelopment Agency and Santos and Faviola A. Diaz Under negotiation: Price and terms .-""r ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 9, 2002 PAGE 2 AFTER RECESS: Mayor Daly called the regular Council meeting of April 9, 2002 to order at 5:12 P.M. and welcomed those in attendance. INVOCATION: Pastor Jim Elmore, Trinity Lutheran Church FLAG SALUTE: Council Member Kring PROCLAMATIONS AND DECLARATIONS: Proclaiming April 14 - 20,2002, as National Telecommunicators Week 119 Recognitions to be presented at a later date were a proclamation recognizing April 2002 as Fair Housing Month; a proclamation recognizing April 22 - 29, 2002, as National Record-A- Thon Week; a proclamation recognizing April 2002 as National Child Abuse Prevention Month; a proclamation recognizing April 22 - 28,2002, as Coca-Cola Week and a declaration recognizing the Iglesia de Poder Church on its 10th anniversary. At 5:22 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 6:11 P.M. ADDITIONSIDELETIONS TO THE AGENDA: City Manager Morgan recommended a continuance on Item A18 to May 7,2002, and City Clerk Schroeder announced that Item A31 had two small corrections on the minutes of February 26, 2002. Council Member Feldhaus had one correction to the minutes of February 26, 2002. The minutes were unanimously approved as corrected. PUBLIC COMMENTS: James Robert Reade said that he hoped that African Americans would not be denied entry to or a promotion in the Police Department. He asked that there not be injustice to homeowners, residents and business owners in the City. Arthur Schaufler reported he was from the Vista Royale Homeowners Association and said that the litigation relating to the Kord Group v. the Fieldstone Company, et aI., had gone on long enough. He said he believed that the City had drug its feet despite numerous opportunities for all parties to settle their differences. He said he believed that it could have been settled in the beginning when the leaking reservoir was discovered and that the City should reach a fair and final settlement with all parties. Larry Bonham spoke about helping people with mental and emotional problems. He said that this was an on-going problem and had more to do with County government than the City. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions, seconded by Council Member McCracken. Motion carried unanimously. ~ 158 123 123 ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 9, 2002 PAGE 3 Council Member Tait announced that the San Diego City Council voted 8 to 0 to select a new Fire Chief, Anaheim's Fire Chief, Jeff Bowman. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A31: 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. Item A18 continued to May 7,2002 and Item A31 approved as corrected. Mayor Daly offered Resolutions Nos. 2002R-70 through 2002R-73 for adoption. Motion carried unanimously. 118 A1. Reject certain claims filed against the City. 105 174 A2. Receive and file minutes of the Budget Advisory Commission meeting of November 28, 2001; minutes of the Public Utilities Board meeting of February 7, 2002; minutes of the Golf Advisory Commission meeting of February 27,2002; minutes of the Redevelopment and Housing Commission meeting of March 6, 2002; and Southern California Gas Company's Amended Notice of Proposed Changes to Gas Rates (Application No. 01-09- 024). 106 A3. Increase the fiscal year 2001/02 expenditure appropriations in the Insurance Fund by $1,652,500. Council Member Tait noted that the $1.6 million was for increased workers compensation. He said this would not only cost Anaheim businesses but would cost the business of running the City which meant that the $1.6 million could not be spent on parks, police, fire and essentials. He asked staff to communicate the local impact to Sacramento. A4. Award the contract to the lowest responsible bidder, Cornish Construction Company, Inc., in the amount of $283,920, for the South Street Sewer Improvement Project at Harbor Boulevard to Bellevue Drive and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 169 158 A5. Approve and authorize the Mayor and City Clerk to execute the Agreement for Acquisition of Real Property with Choco Realty Corp., in the amount of $29,187, for property located at 2761 West Ball Road for the Ball Road Street Improvement Project, Phase I. A6. Approve and authorize the Mayor and City Clerk to execute the Agreement for Acquisition of Real Property with Rotanda Development Corp., in the amount of $2.253. for property located at 1101 West Lincoln Avenue for the Lincoln Avenue, Phase II/Street Widening Project. A7. Approve and authorize the Mayor and City Clerk to execute the Amendment to the Settlement Agreement and Waiver of Claims with Sarab, Inc., in the amount of $3,915, for property located at 937 South Euclid Street for the Ball Road/Euclid Intersection Project. A8. Approve and authorize the Mayor and City Clerk to execute the Storm Drain Agreement and the Sewer Agreement with the City of Orange for Serrano Heights Development in the City of Orange. ~ 123 160 160 123 160 113 ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 9, 2002 PAGE 4 123 A9. Authorize the City Manager and City Clerk to accept a $61,000 grant from the Office of Traffic Safety to implement a traffic collision records database system and an intersection collision mapping system, authorize the execution of the agreement with Crossroads Software, in an amount not to exceed $42,889.75, for a collision records database and increase Public Works fiscal year 2001/02 revenue and expenditure appropriations by $61,000. 176 A10. RESOLUTION NO. 2002R-70 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. ABA2002-00050) (Near the terminus of Avenida De Santiago). Set for public hearing May 14, 2002. 158 A11. RESOLUTION NO. 2002R-71 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain real properties or interests therein (City Deed Nos. 10501, 10502, 10503 and 10504). A 12. Accept the bid and authorize the Mayor and City Clerk to execute an agreement with B & B Amusements, Inc. for carnival services at the annual Cinco de Mayo Fiesta and authorize the Purchasing Agent to execute up to four subsequent one-year renewal options in accordance with Bid #6247. A13. Accept the bid of ABB Power T & D Company, in the amount of $86,820 (excluding tax), for three 15.5 kV power circuit breakers for the Lewis Substation in accordance with Bid #6250. A14. Accept the bid of 9-1-1 Vehicle.Com, in an amount not to exceed $27,419 (plus tax), for equipping and installation of necessary command and control devices in the interior of a Fire Department Battalion Command Vehicle in accordance with Bid #6251. A 15. Accept the low bid and authorize the Mayor and City Clerk to execute the agreement with Spectra Company, in an amount not to exceed $81,390, for painting and restoration of fixtures and community furniture in the Anaheim Resort District in accordance with Bid #6255. A 16. Authorize the Purchasing Agent to issue purchase orders in an amount not to exceed $3,964,136, plus tax, for the purchase of various vehicles and equipment for City departments for fiscal year 2001/2002. A 17. Authorize the Mayor to execute a letter of support requesting the United States Department of State designate the Anaheim City Clerk's Office as a passport acceptance facility. A 18. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving an amended records retention schedule for the Public Utilities Department and rescinding Resolution No. 2000R-62. Unanimously continued to May 7,2002. "'r ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 9, 2002 PAGE 5 123 A 19. Approve an amateur boxing exhibition conducted by the Anaheim Boxing Club and an agreement with the Anaheim Cinco de Mayo Fiesta Committee, in the amount of $5,000, for support of the 31st Annual Cinco de Mayo fiesta at La Palma Park on May 4 and 5, 2002. 123 A20. Approve a Memorandum of Understanding with the Anaheim City School District for the Anaheim Achieves After-School Learning Collaborative. 174 A21. 174 A22. 105 A23. 158 A24. A25. 123 123 A26. 123 A27. 123 A28. 142 A29. 175 A30. or- RESOLUTION NO. 2002R-72 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the application for grant funds for the Murray-Hayden Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (La Palma Park Expansion). RESOLUTION NO. 2002R-73 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the application for grant funds for the Murray- Hayden Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (West Anaheim Youth Center Gymnasium). Appoint John R. LaRoche and Michael Worley to the Anaheim Workforce Investment Board for terms ending June 30, 2005, representing certain public sector organizations. Authorize the Community Development Executive Director to execute the Agreement for Acquisition of Real Property with Ron Muccino, in the amount of $120,000, to acquire the vacant lot located between Homer and Swan Streets on the north side of La Palma Parkway. Approve and authorize the City Manager to execute Amendment No. 1 to the Workforce Investment Act Vendor Agreement with Larson Training Centers, Inc. for provision of occupational skills training services. Approve and authorize the City Manager to execute Amendment No. 1 to the Workforce Investment Act Vendor Agreement with Software Education of America, Inc. for provision of occupational skills training services. Accept an award of funds by the County of Orange Board of Supervisors, approve and authorize the Mayor to execute an agreement with the County of Orange for the provision of emancipated youth employment program services and increase revenues and expenditures by $720,000 in Fund 220. Approve and authorize the City Manager to execute the Workforce Investment Act Vendor Agreement with Knowledge Alliance, Inc., in an amount not to exceed $100,000, for provision of occupational skills training services. ORDINANCE NO. 5810 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding, deleting and amending various chapters, sections and subsections of Title 4 of the Anaheim Municipal Code, and adding new Section 1.01.305 to Chapter 1.01 of Title 1 of the Anaheim Municipal Code, relating to business regulation. Receive and file a notice pursuant to Health and Safety Code Section 116455 concerning action levels of substances in water wells. ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 9, 2002 PAGE 6 174 A31. Approve minutes from the Council meetings of February 26,2002 and March 5, 2002. END OF CONSENT CALENDAR 105 A32. Nominate and appoint a member to the Public Utilities Board, term to expire June 30, 2005 (Continued from the Council meeting held March 26, 2002). Mayor Daly moved, seconded by Council Member Feldhaus, to continue Item A32 to April 23, 2002. Motion carried unanimously. Items B1 throuah B8 From Plannina Commission MeetinQ of March 25. 2002: (No action by City Council required unless expressly indicated. Council may consider and act upon such matters at its discretion. Items requiring a public hearing may be set for hearing at a later date upon the request of any two Council members.) APPEAL PERIOD ENDS APRIL 16, 2002: 179 B1. RECLASSIFICATION NO. 2002-00067 VARIANCE NO. 2002-04480 AND NEGATIVE DECLARATION: OWNER: Daniel E. Stauffer, 23861 EI Toro Road, # 700 Lake Forest, CA 92630 David Gabaee, 10701 Wilshire Boulevard, Los Angeles, CA 90024 AGENT: Marko Botich, 16630 Aston, Irvine, CA 92660 LOCATION: 2823 West Ball Road. Property is 0.57-acre with a frontage of 110 feet on the north side of Ball Road, located 328 feet west of the centerline of Dale Avenue. Reclassification No. 2002-00067- Requests reclassification of this property from the RS-A-43,000 (Residential/Agricultural) zone to the RM-1200 (Residential, Multiple- Family) Zone, or a less intense zone. Variance No. 2002-04480 - Requests waivers of a) maximum structural height and, b) minimum structural setback adjacent to an arterial highway to construct a two and three- story, 18-unit apartment complex. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 2002-00067 granted (PC2002-44) (4 yes votes, Commissioners Eastman and Koos voted no and Commissioner Vanderbilt absent). Variance No. 2002-04480 granted, in part, approving waiver (a) and denying waiver (b) (PC2002-45). Negative Declaration approved. 179 Review of the Planning Commission's decision requested by Mayor Daly and Council Member Feldhaus. Set for public hearing May 7, 2002. B2. CONDITIONAL USE PERMIT NO. 2002-04516 AND NEGATIVE DECLARATION: OWNER: Anhm H. West, 13455 Noel Road, #20, Dallas, TX 75240 AGENT: Puchlik Design Associates, Russel Triplett 474 South Raymond Avenue, Suite 100, Pasadena, CA 91105 LOCATION: 3033 West Oranae Avenue. Property is approximately 11.2 acres located at the northwest corner of Orange Avenue and Beach Boulevard (West Anaheim Medical Center). r 179 179 179 ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 9, 2002 PAGE 7 Requests to expand an existing emergency room, add a new ambulance porte-cochere, and reconfigure the parking lot for an existing hospital. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2002-04516 granted (PC2002-46) (6 yes votes, Commissioner Vanderbilt absent). Negative Declaration approved. B3. CONDITIONAL USE PERMIT NO. 3790 AND NEGATIVE DECLARATION: OWNER: Bobby Levell Gilbert Jr., 17300 1th Street, #J231 Tustin, CA 92680 LOCATION: 1514 West Broadway. Property is approximately 1.1-acres located at the southwest corner of Broadway and Adams Street (B and J's Tree Service). Requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on April 17, 2001 to expire October 17, 2001) and to amend a condition of approval pertaining to the use of a barbed wire visible to the public right-of-way to retain a tree service contractor's storage yard with modular office building. ACTION TAKEN BY THE PLANNING COMMISSION: Denied reinstatement of Conditional Use Permit No. 3790 (PC2002-47) (6 yes votes, Commissioner Vanderbilt absent). Negative Declaration previously approved. B4. RECLASSIFICATION NO. 2002-00068 AND NEGATIVE DECLARATION: OWNER: Jong D. Park, 2143 West Broadway, Anaheim, CA 92804 AGENT: Kay Lee, 5841 Beach Boulevard, Buena Park, CA 90261 LOCATION: 2143 West Broadway. Property is approximately 0.52-acre with a frontage of 94 feet on the north side of Broadway located 125 feet east of the centerline of Archer Street. Requests reclassification of the subject property from the RS-A-43,000 (Residential/Agricultural) Zone to the RS-7200 (Residential, Single-Family) Zone, or a less intense zone. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 2002-00068 granted unconditionally (PC2002-48) (6 yes votes, Commissioner Vanderbilt absent). Negative Declaration approved. 85. VARIANCE NO. 2002-04489 CATEGORICALLY EXEMPT - CLASS 5: OWNER: Barbara Cotler, 4747 Forman Avenue North Hollywood, CA 91602 AGENT: Imperial West, LLC., Attention: Pablo Villanueva 12741 Bellflower Boulevard, Downey, CA 90242 LOCATION: 739.743 and 745 North Harbor Boulevard. Property is approximately 0.45-acre with a frontage of 180 feet on the west side of Harbor Boulevard located 180 feet south of the centerline of North Street. Requests waivers of a) minimum front yard setback and b) orientation of residential structures adjacent to arterial highways to construct three single-family residences. ACTION TAKEN BY THE PLANNING COMMISSION: - ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 9, 2002 PAGE 8 Variance No. 2002-04489 granted (PC2002-50) (5 yes votes, Commissioners Boydstun and Vanderbilt absent). In response to Mayor Daly, Executive Director of Planning and Community Development, Joel Fick, reported that the final plans would be considered by the Planning Commission at their next meeting. With regard to the orientation, he said that the frontage of the homes would be consistent with the adjacent homes on the street. Mayor Daly asked if the lot sizes were consistent with the neighboring homes and Director Fick said that the three homes were consistent with the lot sizes that were immediately adjacent and were two story-homes. Mayor Daly asked if the setbacks would be the same as the adjacent houses and Director Fick said that they would be identical. Mayor Daly asked if the only remaining discretionary action of the Planning Commission and Council would be the final design issue if the item were not set for public hearing. In response to Mayor Daly, City Attorney White said it would require approval of the final design by either the Planning Commission or at the Council level. It would be at Council's discretion as to approve or reject the final design and whether the design conformed to what the previous approvals were. Mayor Daly asked if the design would be compatible with the Colony Historic District and Director Fick said that he thought it would based on what he had seen and there had been a lot of interaction with the District and residents. Council Member Feldhaus asked if it would be required to dedicate 15-feet for a future street widening and he asked if the orientation was changed to face north/south, the additional ten feet that would normally be required if they were front faced on Harbor Boulevard would change to five feet. Director Fick stated that the dedication would be the ultimate dedication and was required by Code and that was why the setback of the existing houses would match with the proposed houses. Director Fick said that the setback would be the same along Harbor Boulevard even with the orientation facing in the different direction. Council Member Feldhaus said that there would be an additional ten feet, which meant that 25- feet could be lost off of the front of each of the properties at some time in the future. Director Fick stated that if Harbor Boulevard was widened in the future, the whole block would find itself in the same situation. Council Member Feldhaus said he was concerned about the investment being made now to instruct three single-family residences on the small parcel with a dedication of 15-foot widening and a 10 foot-setback and it sounded like a bad decision. He added that a fund would have to be obtained to help with the future street widening. Director Fick informed that in the event that the street would be widened to its ultimate right of way in the future, it would put the future homes at a 10-foot setback, which would match the other homes on the street. Council Member Feldhaus asked about the dedication of the alleyway and Director Fick said that the dedication was already made. Council Member McCracken asked if all the entrances were on the south or north side of the houses or did they alternate and Director Fick stated that the houses faced Harbor Boulevard and the Code required that the houses rear upon an arterial highway. Parking would be off of the alley and to the rear, he added, and there would be no driveways off of Harbor. "'..--..- ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 9, 2002 PAGE 9 Mayor Daly informed that some of the houses off of Harbor Boulevard had driveways and these three houses would not. In response to Council Member Feldhaus, Director Fick stated that the zone was RS-7200 and this was a variance application to address the orientation aspect. Mayor Daly asked why the developer would do one 8,000 square foot and two 5,000 square foot lots and if the southern most lot was the 8,000 square foot lot and it was because of the size of the lot next door. Director Fick said that he was correct and that there were 3 ~ lots and two of the lots were being combined and that was why the one lot was larger. Council Member Feldhaus said that the homeowners could not operate a business out of the homes and Director Fick indicated that was correct. Mayor Daly asked if the developer, Imperial West, had built homes in the City before and he asked Director Fick if he was comfortable with the design and if it was compatible with the neighborhood. Director Fick said that the two variances that went to the Planning Commission that addressed these items were appropriate for approval and consistent with the recommendation. The design was still under review and he said he believed that it would be a quality design. Council Member Feldhaus said he believed that the item should be continued since the design was still under review and Director Fick said that the project was being scrutinized down to the design of door knobs and light fixtures. Review of the Planning Commission's decision requested by Mayor Daly and Council Member Feldhaus. Set for public hearing May 7,2002. REPORTS AND RECOMMENDATIONS: 179 B6. VARIANCE NO. 2001-04432 - REVIEW OF FINAL PLANS AND NEGATIVE DECLARATION: Donald Skjerven, 1020 North Batavia Street, Suite Q, Orange, CA 92867, requests review of final floor, elevation, site and fencing plans. Property is located at 1628 West Orangewood Avenue (This Variance was originally approved concurrently with Reclassification No. 2001-00047 and Tentative Parcel Map No. 2000- 211 ). ACTION TAKEN BY THE PLANNING COMMISSION: Approved finals plans, with stipulations, to Variance No. 2001-04432 (5 yes votes, Commissioner Boydstun voted no and Commissioner Vanderbilt absent). Negative Declaration previously approved. Council Member Kring declared a conflict and left the Council dias. Council Member Feldhaus stated concern about the infill of dirt that was required to level the property to the neighbors to the east and west. He said he believed that there was an agreement between the neighbor to the east and the developer to place a six or eight-foot block wall. He said he thought the neighbor to the west also wanted a six or eight-foot block wall and the developer said that he did not believe that it was necessary and did not want to put it up. He added that the way the water drained, there would have to be a swail or something put in there to make sure that the water did not drain into the neighbor's yard. ......,- ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 9, 2002 PAGE 10 Review of the Planning Commission's decision requested by Council Member Feldhaus and Mayor Daly. Set for public hearing May 14, 2002. 179 B7. CONDITIONAL USE PERMIT NO. 3551 - REQUEST FOR TERMINATION: Festival Hotel Associates, L.P., 125 South Festival Drive, Anaheim, CA 92808, requests termination of Conditional Use Permit No. 3551 (to permit a children's recreational and fitness facility). Property is located at 8028 East Santa Ana Canyon Road. ACTION TAKEN BY PLANNING COMMISSION: Conditional Use Permit No. 3551 terminated (PC2002-43) (6 yes votes, Commissioner Vanderbilt absent). 179 B8. VARIANCE NO. 4135 - REQUEST FOR SUBSTANTIAL CONFORMANCE. CATEGORICALLY EXEMPT - CLASS 11: Natjonal Sign, Attn: Patrick Faranal, 4881 MurrieUa Street, Chino, CA 91710, requests determination of substantial conformance to modify a previously approved freestanding entrance sign. Property is located at 1041 North Shepard Street - Festival Fun Park. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4135 determined to be in substantial conformance (6 yes votes, Commissioner Vanderbilt absent). 6:00 P.M. PUBLIC HEARINGS: 179 C1. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2001-04494 AND NEGATIVE DECLARATION: OWNER: Splinter Investments, Inc., AUn: Dan Moore 8 Turtle Bay Drive, Newport Beach, CA 92660 AGENT: Woody Chevrolet, Sherwood Oklejas 215 South Euclid Street, Anaheim, CA 92802 LOCATION: 273 and 275 West Manchester Court. Property is approximately 0.70- acre located at the southeast corner of Manchester Avenue and Loara Street. Requests approval to establish land use conformity with existing Zoning Code land use requirements for an existing telecommunications monopole with accessory ground- mounted equipment and to permit a used auto sales facility with waivers of a)minimum parking lot landscaping (deleted), and b) minimum landscaped setback. Note: The Conditional Use Permit was readvertised and included the above request for land use conformity. This request does not include the property at 214 North Loara Street. ACTION TAKEN BY THE PLANNING COMMISSION: Waiver of Code Requirement approved, in part, denying waiver (a) and app part, waiver (b) (5 yes votes, Commissioner Koos abstained and Commissi< Vanderbilt absent). Conditional Use Permit No. 2001-04494 granted; automobile sales facility t< January 28,2004 (PC2002-16) (4 yes votes, Commissioner Eastman voted Commissioner Koos abstained and Commissioner Vanderbilt absent). Negative Declaration approved. ~."..,~ ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 9, 2002 PAGE 11 (Informational item at the Council meeting of February 12, 2002, Item B3. Review of the Planning Commission's decision requested by Mayor Daly and Council Member Feldhaus. Continued from the Council meeting of March 19, 2002, Item C2). MOTION CEQA FINDING: NEGATIVE DECLARATION. RESOLUTION: CONDITIONAL USE PERMIT NO. 2001-04494. Mayor Daly moved, seconded by Council Member McCracken, to continue public hearing Item C1 for two weeks to April 23, 2002. Council Member Tait abstained. Motion carried. C2. CONDITIONAL USE PERMIT NO. 2001-04464 179 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Jillbridge Corp., 2141 Glendale Galleria #107 Glendale, CA 91210 AGENT: Lee, Lee & Pao. LLC, Attn: Gei-Jon Pao 1407 North Batavia #201, Orange, CA 92867 LOCATION: 851 South Harbor Boulevard. Property is approximately 1.6-acres with a frontage of 338 feet on the west side of Harbor Boulevard located 340 feet south of the centerline of South Street. Request to permit a self-serve laundromat. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2001-04464 granted (PC2002-26) (4 yes votes, Commissioners Bostwick, Boydstun and Vanderbilt absent). (Informational item at the Council meeting of March 19, 2002, Item B 1. Review of the Planning Commission's decision requested by Mayor Daly and Council Member Feldhaus). Mayor Daly stated that he felt the proposed laundromat was not an appropriate use for one of the gateways to the downtown area. Council Member McCracken stated that her concern was on the sewer capacity and she noted that there were other cities that had been fined huge fines because their sewer capacity had been reached. The proposed site was in an area where the City was increasing the sewer capacity, she said, and after seeing the conditions, she asked how the sewage capacity could be reached just by changing the times. She was concerned that this was inappropriate and she noted once again that the City could be fined should there be a spill and she did not want to spend money paying fines to the State and Federal government for something that could be delayed. She asked if she was correct in saying that there was not sufficient sewage capacity at this time on the site. Public Works Civil Engineer, Natalie Meeks, stated that Council Member McCracken was correct and she noted that one of the award of contract's on the agenda was for sewer improvement and with that completed, it would greatly improve the sewer. She said that one of the issues with this type of use was that the sewers were not designed for the high-intensity, specialized use. Whenever a use like this came in, the applicant was required to do a sewer study and check capacity and have them enter into an agreement that restricted their operation to elements that the sewers could handle, she said. She added it was her understanding that the machines were electronically operated and could be taken off-line and in-operable and that ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 9, 2002 PAGE 12 the operator enter into an agreement. She said that sewage spills were a concern for Public Works and she said that all sewers were not designed for that type of use. Council Member Tait noted that Public Works would be'upgrading the sewer system to start construction in April and Civil Engineering Meeks said that was correct and that one of the downstream lines would still have some sewer concerns. It was not slated to be upgraded and was designed for standard use and the proposed use was above what a standard commercial use would be in the area. She said the owner needed to give Public Works a sewer study that identified what types of machines and outflows and what periods of time he would be operating and he must enter into an agreement that tied into those operating restrictions so that there would not be increased machines or different types of machines that had a larger output. Council Member Tait asked when the project would be finished if the City was scheduled to start upgrading the sewer system next month. Civil Engineer Meeks said that she expected the project to be finished in June or July. Council Member McCracken said that there was no guarantee that even the upgraded sewer was built to take this type of use. Civil Engineer Meeks said the sewer that Public Works was building was part of a larger main line downstream and she believed that the section of the line would be adequate to handle the capacity. The line most impacted by the use would be the line that it directly tied into, she said, in Harbor Boulevard, rather than South Street. She said that South Street was the biggest undersized line and after the upgrade, it would not be a problem. Council Member Kring asked if all of the information was available to the Planning Commissioners. Civil Engineer Meeks responded that there was a sewer study and there was discussion on the lines and the project was approved with conditions on restricting the operating hours and making sure that the sewer capacity was available during the operating hours. Council Member Kring asked if it would be necessary to limit the hours once the new sewer system went in. Civil Engineer Meeks said that Public Works would work with the operator, depending on how many machines he wanted to operate, and there would be some type of limit placed on that since he could not have as many machines as he wanted. Mayor Daly opened the public hearing. The agent, Peter Lee, explained that he had operated a commercial coin laundromat in the City since 1988 and there were two stores on Anaheim Boulevard, 558 South Anaheim Boulevard and 406 North Anaheim Boulevard. He explained that the second laundromat was the first computer debit card system in Orange County and the City. He said that in the last 14 years, he had complied with the City's Code and regulations without any violations or problems and was very sensitive to the City's infrastructure. He explained that he had participated at the City's Safewater Save-A-Buck rebate program by replacing ten insufficient washing machines with more water-efficient equipment and they received a rebate from the City and the gas company. This was the first conditional use permit application on the project at 851 South Anaheim Boulevard. He said he felt that the project would serve the local residents of the area and in the area was a small grocery market, an employment agency and a clinic in the center and he believed that his project was a perfect fit. He stated that what set his project apart from most laudromats was that they were fully attendant, there was a debit card system with touch screens and with this system, he could shut a particular machine down by programming any time he needed to. He said that the laundromat was equipped with the most advanced, high-efficient washers and utility costs were very important and by using less water and less gas, less sewer water would go into the sewer system. He said his laundromat had security surveillance ,.~ ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 9, 2002 PAGE 13 cameras where he could constantly look at his store, as long as he had a lap-top with a phone line. That was what set them apart from all their competitors and that was why they had survived over the last 14 years to be a good business partner with the City. He asked the Council to consider and approve his project. Council Member Kring asked if the machines were front-loading machines since Mr. Lee had said that they do not use as much water and were water efficient. Mr. Lee responded that she was correct and that a majority of the machines would be front loaders. Council Member Kring asked if the machines were large capacity and Mr. Lee said he had from 18 to 75 pound machines. Council Member Feldhaus noted that the Planning Commission had restricted hours of operation and asked if Mr. Lee was still in agreement with that. Mr. Lee said he understood that once the upgrade of South Street was finished, he would then be able to open to full capacity. Even if the project was approved at the hearing, it would take him anywhere from five to six months before opening. Public Works Civil Engineer Meeks stated that the condition was written from the Planning Commission before the sewer improvement was done since it had not been awarded at the time. Once the sewer was done, the number of machines needed to be reassessed. Preliminary analysis showed that he could operate with the number of machines that he was proposing, and it would need to be verified based on the new improvement, she said, and he would have to enter into an agreement that restricted the number of machines. She said that right now, the number and types of machines proposed, based on the information provided, would be able to operate. Council Member Feldhaus asked if Mr. Lee agreed to that at the Planning Commission hearing and Civil Engineer Meeks said he did. Mr. Lee said he had the two stores and one had 58 washing machines and the other had 46 machines and they were connected to six-inch sewer lines and there had never been any sewer overflow problems. He said he did not foresee any problems and the machines were higher efficiency and there would be an upgrade on South Street. In response to Council Member Feldhaus, Mr. Lee responded that he had a 20-year lease. Council Member Kring asked Mr. Lee how many machines he anticipated having and he responded it would be around 46 or less. There would be 20 stacked dryers, he added. Bill Taormina said he was present to speak about the credibility of the issue and added that he was concerned about what happened on Harbor Boulevard. He said that he had known the Lee and Pao families for years and he was their landlord on North Anaheim Boulevard. He said that the third store to be built was an expansion of the Agent's vision for the City to provide service to the residents. He said that it was a very clean operation, well lit and was not the typical laundromat where people would hang around and loiter. It was a very well run operation, he said, and was safe and a compliment to the neighborhood. One of the laundromats that the agents operated with him, he said, was in the middle of the Anaheim Colony and a major remodel was being done on the exterior and interior would be retrofitted with new equipment. He said that computerization was important since the residents in the City were concerned about the overloading of the sewers. He said it had worked and there was no trouble with the L~ ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 9, 2002 PAGE 14 six-inch lines and there would be a larger line on Harbor Boulevard and it was a solution to the concerns expressed and this was the proper design. Mayor Daly said that it appeared that there were no landscaping or signage changes proposed to the site and the business would have the same signage as the other tenants in the center. Director Fick mentioned that there had been a prior conditional use permit for a market in the facility and he said he believed that there were some additional trees that would go on the site. Mayor Daly said that the landscaping was tied to another conditional use permit and Director fick stated that the plans were currently being reviewed. Council Member Kring commented that the Agent seemed very reputable and Mr. Taormina added credibility to the Agents. She said that there were a lot of apartments in the area and when living in an apartment, people want to find a very clean, well lit, well managed laundromat. It was important to have people with a track record in the City and they were providing a service and the area would be well served with this type of a business because of the type of housing that surrounded it. Council Member McCracken noted that the floor plan had indicated that there would be 38 washing machines and 19 stacked dryers and two single dryers and Mr. Lee had said that there would be 46 washing machines. Zoning Division Manager, Greg Hastings, said that the numbers were 38 washers and 40 dryers and the dryers were stacked. Council Member McCracken said that the issue on the water usage was based on looking at 38 washing machines, not 46 and Civil Engineer Meeks said that the sewer study indicated 45 total machines. There were 28 single front loads and eight triple load machines, she said, and that was the sewer study that she had looked at and had based the flows off of now based on the high efficiency machines. She said that the conditional use permit would grant the use and the sewer study and agreement with the operator, based on capacity after the new line was complete, would be what restricted the number of machines. Mayor Daly asked if the number was not to exceed 38 machines and Director Fick said that in the current conditional use permit granted by the Planning Commission, there was no limitation on the number of machines. He said that the Commission had felt that the engineering study would discover the number and there was no further limitation placed in the conditional use permit. Civil Engineer Meeks said that was one of the reasons she said she thought it was important to enter into an agreement with the operator to limit the number of machines. In response to Mayor Daly, Ms. Meeks said that the sewer study submitted said he could have a maximum of 45. He needed to submit a final study based on the improvements being done, she said, and then enter into an agreement based on the number and types of machines to be submitted by the Agent. She said it looked like a maximum of 45 machines but may be less than that if it showed that the Harbor Boulevard line would not handle the capacity. Council Member McCracken asked when the Harbor Boulevard line would be upgraded and Engineer Meeks said that the Harbor Boulevard line was not planned to be upgraded any time in the foreseeable future and she said that was his limit. Once it got to the South Street line, she said that Public Works felt that the capacity was sufficient. ~""r' ..- '-" '-~ ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 9, 2002 PAGE 15 Mayor Daly asked if there were any particular sewer fees on operations like this because of the capacity or did the operator of a laundromat pay more, less or the same than an operator of the grocery next door or the job center. Civil Engineer Meeks responded that she believed that it was part of the utility bill and there was a sewer fee that was based on their water usage. She added that there were some sewer deficiency fees he would need to pay for portions of the South Street sewer line and those were one-time fees. Mayor Daly stated that he would vote no because of the land use concerns that he had. He was a credible operator but he was still concerned about the land use and the incompatibility with the nearby Colony Historic District. He recognized the need for laundromats and said that the City should work with apartment owners to upgrade and modernize the buildings and provide on-site laundry facilities. Council Member Feldhaus moved, seconded by Council Member Kring, to approve the CEQA FINDING of Categorically Exempt, Class 1. Mayor Daly voted no. Motion carried. Council Member Feldhaus offered Resolution No. 2002R-74 for adoption granting the conditional use permit with a modification to Planning Commission Condition NO.4. The final number of washers to a maximum of 45 to be based on sewer study and approved by Public Works Director. RESOLUTION: 2002R-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2001-04464. Roll call vote: Ayes - 3, Council Members Feldhaus, Tait, and Kring. Noes - 2, Mayor Daly and Council Member McCracken. Motion carried. Council Member McCracken said that she voted no because she wished to have the sewer study finished before she approved this type of use for water and sewer. Report on Closed Session Actions: City Attorney White announced that Council approved an Agreement for Acquisition of Real Property and Escrow Instructions with Santos and Faviola Diaz for acquisition of real property at 1007 West Lincoln Avenue and authorize the Executive Director to execute all documents. Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes - O. Motion carried. Council Communications: Mayor Daly congratulated citizens in the Peralta Hills area for a budget allocation from the Orange County Transit Authority for a soundwall along the 91 Freeway corridor. Council Member McCracken noted that there were two other projects that needed soundwall corridors in the area of where the 91 and 55 Freeways and the Fast Track came together. Council Member Tait referred to the $1.6 million increase in workers compensation benefits and he asked that staff prepare correspondence regarding the cost at the local level and to request relief and that it be sent to legislators in Sacramento. -~ ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 9, 2002 PAGE 16 Mayor Daly requested that data regarding workers compensation be collected from other cities countywide and he directed the City Manager to communicate with other cities. Council Member McCracken announced that the Library Foundation was having its guest author's fundraiser on April 14, 2002, at 1 :00 P.M. at the Anaheim Convention Center and tickets were available through the Anaheim Public Library. Council Member Kring said that at the main Library at noon on April 20, 2002, there would be a celebration because of new technology and there would be fun events for families and books would be available for purchase from the used bookstore. She discussed the changes to the general plan and said that there had been three to four public meetings where the public was invited to present their vision of where the City should go over the next 20 to 25 years. She added that there would be another public meeting on May 4, 2002 at 11 :00 A.M. at Edison Stadium. Council Member Feldhaus spoke about his recent trip to Germany and said he may have found a new sister city and would work with the Anaheim Sister City Committee. Adjournment: There being no further business to come before the City Council, Mayor Daly adjourned the meeting at 7:33 P.M. Respectfully submitted: ~d~ City Clerk -cr -