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2002/04/23 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING APRIL 23, 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, Planning Director Joel Fick, Zoning Division Manager Greg Hastings, Executive Director of Community Development Elisa Stipkovich and Public Works Traffic and Transportation Manager John Lower. A copy of the agenda for the meeting of the Anaheim City Council was posted on April 19, 2002 at the City Hall inside and outside bulletin boards. Mayor Daly called the regular meeting to order at 4:09 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. Council Members Feldhaus and Kring were temporarily absent. Motion carried. The Council recessed to Closed Session at 4:10 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. 01 CC09320. 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: In re: Ogden New York Services, Inc. et aI., U.S. Bankruptcy Court No. 02-40846-cb (SDNY) 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Chevy Chase Anaheim Partners v. City of Anaheim, et aI., Orange County Superior Court Case No. 01 CC09569. 5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code) Number of potential cases: one ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 23, 2002 PAGE 2 6. PUBLIC EMPLOYEE APPOINTMENT Title: Fire Chief ANAHEIM HOUSING AUTHORITY 7. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Chevy Chase Anaheim Partners v. City of Anaheim, et aI., Orange County Superior Court Case No. 01 CC09569. ANAHEIM REDEVELOPMENT AGENCY 8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: 535 and 541 South Anaheim Boulevard, Anaheim, California Agency negotiators: Joel Fick, Elisa Stipkovich Negotiating parties: Anaheim Redevelopment Agency and Jack Heinrich, Leah Heinrich and Jack Charles Heinrich Under negotiation: Price and terms AFTER RECESS: Mayor Daly called the regular Council meeting of April 23, 2002 to order at 5:15 P.M. and welcomed those in attendance. INVOCATION: Jewel M. Vance, Grace Missionary Baptist Church FLAG SALUTE: Council Member Tait 119 PROCLAMATIONS AND DECLARATIONS: Recognizing Fire Chief Jeff Bowman on his retirement from the City of Anaheim. Recognitions to be presented at a later date were a proclamation recognizing May 6, 2002 as Meals on Wheels Day in Anaheim; a proclamation recognizing the California Department of Forestry and Fire Protection and a proclamation recognizing May 12 - 18, 2002 as National Women's Health Week. At 5:34 P.M., Mayor Daly recessed the City Council meeting until after the Redevelopment Agency meeting. Mayor Daly reconvened the City Council meeting at 5:43 P.M. ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS: James Robert Reade spoke about freedom and mentioned the Lincoln Inn Motel on Lincoln Avenue, the laundromats on Anaheim Boulevard, the Outdoor Swapmeet on State College "-.,- I ..... "'.n".... ___ -_.~~,~_."..._~_.c_~___,.."..~._.."."_~'"'-_._,._, 118 128 117 156 117 169 123 170 123 ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 23, 2002 PAGE 3 Boulevard, the Anaheim Market Place Indoor Swapmeet on Anaheim Boulevard, the bowling lanes at the 91 Freeway, and African Americans in the Police Department. Arlene Eliason stated that she was a boarder at the Anaheim Equestrian Center, Rancho Del Rio Stables, and that the goal of the long-term lease for the stable would be placed in writing so the owners would be able to make continuous advancements at their business. Larry Bonham spoke about Amarillos Court Board and Care at 1625 West Broadway and said that the business was under suspicion. He said that he was upset that Santiago Oaks Regional Park was spoiled by development. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions, seconded by Council Member McCracken. Motion carried unanimously. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A32: 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 A 13 withdrawn and Council Member Feldhaus abstained on Item A32, March 26, 2002 minutes. Mayor Daly offered Resolutions Nos. 2002R-75 through 2002R-81 and Ordinance No. 5810 for adoption. Motion carried unanimously. A1. Reject certain claims filed against the City and an application for leave to present a late claim. A2. Receive and file the Monthly Financial Analysis Report presented by the Finance Director for eight months ended February 28. 2002; the Investment Portfolio Report for March 2002; the Crime and Analysis Report for March 2002; minutes of the Investment Advisory Commission meeting of November 15, 2001; minutes of the Mother Colony House Advisory Board meeting of January 4, 2002; minutes of the Pubic Library Board meeting of February 4, 2002; minutes of the Public Utilities Board meeting of March 7, 2002; and minutes of the Redevelopment and Housing Commission meeting of March 20,2002. A3. Award the contract to the lowest responsible bidder, All American Asphalt, in the amount of $357,145.75, for the Anaheim Boulevard Street Improvements, from Cypress Street to Broadway, and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retention. A4. Approve the third-year option to an agreement with Orange County Striping Service, Inc., for street striping maintenance services. A5. Approve and authorize the Mayor and City Clerk to execute the Final Map and Subdivision Agreement of Tract No. 16233 with Knott Avenue Partners, LLC for property located at 832 South Knott Avenue. A6. Approve Administering Agency-State Agreement for Federal Aid Projects No. 12-5055, Program Supplement No. M093, for the Kraemer Boulevard Improvement Project from Miraloma Avenue to the North City Limits. -" -"'-1 .~. -.-, "--'---"'-' 123 123 158 173 158 176 179 160 123 ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 23, 2002 PAGE 4 A7. Approve Administering Agency-State Agreement for Federal Aid Projects No. 12-5055, Program Supplement No. M094, for the Broadway Improvement Project from Agate Street to Brookhurst Street. A8. Approve the Administering Agency-State Agreement for Federal Aid Projects No. 12- 5055, Program Supplement No. M095, for the Anaheim Boulevard, formerly Lemon Street, Street Improvement Project from Commercial Street to La Palma Avenue. A9. RESOLUTION NO. 2002R-75 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. 10497, 10499, 10498, 10500, 10506 and 10507). A10. RESOLUTION NO. 2002R-76 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the submittal of one project to the Orange County Transportation Authority for funding under the Federal Project Assistance Program (Tustin Avenue/SR91 Improvement Project). A 11. RESOLUTION NO. 2002R-77 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the acquisition of certain real property from the Anaheim Redevelopment Agency for public purposes; accepting the deed conveying such property to the City of Anaheim; and making certain other findings related thereto (300 South Beach Boulevard) (refer to Agency Item 4). Approve increasing the budget for the West Anaheim Community Center/Police Substation Project by $1,131,900 to pay for said property. A12. RESOLUTION NO. 2002R-78 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. ABA2002-00052) (Old La Palma Avenue, north of La Palma Avenue and west of Weir Canyon Road). Set for public hearing June 4, 2002. A 13. Adopt and approve a Negative Declaration for the Combined West Anaheim Area Master Plan of Sanitary Sewers (Continued from the Council meeting held March 19, 2002, Item A5). RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the Combined West Anaheim Area Master Plan of Sanitary Sewers (Continued from the Council meeting held March 19, 2002, Item A5). Unanimously withdrawn. A14. Authorize the Purchasing Agent to exercise the first renewal option with Kalban, Inc., in an amount not to exceed $333,333, for fiscal year 2002/2003, for the replacement of residential sidewalks and access ramps in accordance with Bid #6024 and authorize the Purchasing Agent to exercise the final renewal option subject to funding appropriations. A 15. Accept the low bid and execute an Agreement with DataGear, Inc., in an amount not to exceed $96,379 (plus tax), for an automated data collection and inventory bar coding . . . .-r ~ .-.. ....-.. ... 160 160 160 123 105 000 123 174 .. ...- .,.... i ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 23, 2002 PAGE 5 A16. A17. A18. 160 A19. A20. A21. 123 A22. A23. A24. A25. system for the Public Utilities Department, Convention Center and Public Works/Anaheim Resort Maintenance District, in accordance with Request for Proposal #6230. Accept the low bid of G & W Electric Company, in an amount not to exceed $221,222.40 (excluding tax), for the purchase of eleven 15kV pad mounted three phase load break switches, on an as required basis for the period of May 1,2002 through April 30, 2003, with three one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #6260. Accept the bid of Field Technology, Inc., in an amount not to exceed $90,000, for a one year period beginning May 2002 with the option to renew for four one-year periods for the maintenance and repair of storm water pumps in accordance with Bid #6262 and authorize the Purchasing Agent to exercise future options. Accept the low bids of Neptune Technology Group, Inc., in an amount not to exceed $155,958.55 (excluding tax), and Aqua-Metrics Sales Company, in an amount not to exceed $12,727.21 (excluding tax), for the purchase of water meters, on an as required basis for the Public Utilities Department for the period of May 1, 2002 through April 30, 2003 with three one-year optional renewals and authorize the Purchasing Agent to exercise the renewal option in accordance with Bid #6263. Authorize a two-year blanket purchase order to SmartSynch, Inc., in an amount not to exceed $80,000, for electric meter satellite communications charges for the Public Utilities Department. Waive Council Policy No. 306 and authorize the Purchasing Agent to execute a lease agreement with Canon Business Solutions-West, Inc., in the amount of $82,999.80 (excluding tax), for a sixty-month lease of a Canon digital color copy machine in Reprographics. Approve an agreement with KPMG, LLP to perform the annual audit of the City's financial records for the fiscal years ending June 30, 2002, 2003 and 2004. Instruct the City Clerk to post the Notice of Unscheduled Vacancy for the vacancy created by Marjorie Rothrock's resignation from the Community Services Board, term to expire June 30, 2004 and vacancy of Eliza Cason, term to expire June 30, 2003. Approve a partial fee waiver for the La Palma Little League of Anaheim for a benefit event to be held at the Downtown Community Center on Saturday, May 4,2002. Approve agreements with Centralia School District, Magnolia Elementary School District and Anaheim Union High School District to provide Park Ranger patrols of school facilities. Accept an award from the U.S. Department of Justice for the 2002 State Criminal Alien Assistance Program application and amend the Police Department's fiscal year 2001/02 budget by increasing revenues and expenditures in the amount of $71 ,539. RESOLUTION NO. 2002R-79 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Chief of Police, on behalf of the City of Anaheim, to 123 142 114 -....-r ANAHEIM CITY COUNCIL MEETING MINUTES APRI L 23, 2002 PAGE 6 file an electronic grant application with the U.S. Department of Justice, Bureau of Justice Assistance, to participate in the FY 2003 "State Criminal Alien Assistance Program (SCAPP)" and authorizing the Chief to execute all required grant documents. 174 A26. RESOLUTION NO. 2002R-80 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Chief of Police to submit a grant proposal, on behalf of the City of Anaheim, to the Office of Criminal Justice Planning for the 2001 - 2002 Juvenile Accountability Incentive Block Grant (JAIBG) Program. 123 A27. Approve the First Amendment to the Professional Agreement with HOK Sport, Inc. for professional architectural services related to the renovation of the Arena. Mayor Daly directed the City Manager to provide a detailed report to Council. 123 A28. Approve and authorize the City Manager to execute Amendment No. 1 to Professional Service Agreement with Thirtieth Street Architects, Inc., to extend the term of the agreement through April 30, 2004 and increase maximum compensation to $125,000 for planning and architectural review and design services for various historical projects throughout the City 123 A29. Authorize the Executive Director of the Community Development Department to submit to the Department of Housing and Urban Development (HUD) the One-Year Action Plan for fiscal year 2002/2003 for Federal Community Development Block Grant (CDBG), HOME, and Emergency Shelter Grant (ESG) funding, totaling $6,834,000, and authorize the City Manager to execute Funding Approval/Agreements with HUD for the CDBG, HOME and ESG programs. A30. Approve and authorize the City Manager to execute the Cooperation Agreement between the Redevelopment Agency and the City for the Ross Park development (refer to Agency Item 1). RESOLUTION NO. 2002R-81 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the acquisition of certain real property from the Anaheim Redevelopment Agency for public purposes; accepting the deed conveying such property to the City of Anaheim; and making certain other findings related thereto. A31. ORDINANCE NO. 5810 (ADOPTION) 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 (Introduced at the Council meeting of April 9, 2002, Item A29). A32. Approve minutes of the Council meetings held March 19, 2002 and March 26, 2002. Council Member Feldhaus abstained on the minutes of March 26, 2002. END OF CONSENT CALENDAR _,,-=--=-_..-.....-___;,,_.'__'."-"_~,..."'"_ ,'L ..._...,........,.~,..._,. ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 23, 2002 PAGE 7 105 A33. Nominate and appoint a member to the Public Utilities Board, term to expire June 30, 2005 (Continued from the Council meetings of March 26,2002, Item A13 and April 9, 2002, Item A32). Council Member McCracken nominated Marcia Garten. Council Member Kring nominated David Turney. Mayor Daly closed the nominations. Roll call vote for Marcia Garten: Ayes - 4, Mayor Daly and Council Members McCracken, Tait and Feldhaus. Noes - O. Abstained - 1, Council Member Kring. Roll call vote for David Turney: Ayes - 1, Council Member Kring. Noes - 2, Council Members Feldhaus and McCracken. Abstained - 2, Mayor Daly and Council Member Tait. Council Member Kring changed her vote for Marcia Garten to a yes vote, unanimously appointing Marcia Garten to the Public Utilities Board. 179 A34. Request for rehearing by Agent, George H. Staehling, regarding the conditions placed on approved Conditional Use Permit No. 3802, Resolution No. 2002R-52 (Approved by Council at the public hearing of February 26, 2002, Item C9. Request continued from the Council meeting of March 26, 2002, Item, A14). Council Member Kring moved, seconded by Council Member Tait, to approve the request for rehearing. Council Member Kring asked what conditions made a request for rehearing viable. City Attorney, Jack White, stated that there were four grounds specified in the Municipal Code on which a rehearing could be granted. He said that the petitioner had sited that there was relevant evidence, which, in the exercise of reasonable diligence, could not have been produced by the petitioner, or which was improperly excluded by the Council at the hearing. He said that it related to the issue of the landscaping which, according to the declaration for the rehearing, if installed and maintained, would block the view of the existing pawn shop sign. If Council denied the request for rehearing, the permit holder could seek an amendment to the conditions that were imposed and bring it back as a hearing in front of the Planning Commission, he said, and through the appeal process back to the Council to determine whether the condition should be amended. Council Member Feldhaus noted that Council Member Kring had brought up that the Police Department did not want tall trees in front of the building. Council Member Kring said that the motion said to approve what the Planning Commission had approved, inherent in the Planning Commission was the tall trees. She said she believed that the Police did not like the tall trees and the owners and business owner had a problem putting the trees in versus the cost associated with it. She asked for a rehearing to clear up the matter. Council Member McCracken asked if staff worked with the property owner regarding trees in order to plant the type of trees that were acceptable to the Police Department and the area. .- T""" ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 23, 2002 PAGE 8 Executive Director of Planning and Community Development, Joel Fick, said that Urban Forestry through Community Services was working with the owner. He clarified that the Police Department participated in the Interdepartmental Review meeting and did not have an adverse comment toward the landscaping and he confirmed that the Police Department was not adverse to the landscaping being installed. Council Member Kring moved, seconded by Council Member Tait, to approve the request for rehearing. Ayes - 3, Council Members Kring, Tait and Feldhaus. Noes - 2, Mayor Daly and Council Member McCracken. Mayor Daly noted that the applicant had stated that the planting of trees and a hedge would block and screen a sign from public view and the proposal was that a tree and other planting should not be installed because they would obscure the pawn shop sign. Director Fick stated that the trees would block the sign and the applicant was concerned about visibility into the business. Mayor Daly asked if a property owner had suggested that landscaping should not be installed because it might block the signage and Director Fick said he could not recall and would work with the applicant to arrive at an acceptable solution. Mayor Daly said that the property owner had stated that there was a need for the police to see into the building from the street. Director Fick was not sure if the applicant was talking about the Police Department or potential customers for the business. Item B1 From Zonina Administrator MeetinQ April 4. 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 23, 2002: REPORT AND RECOMMENDATION: B1. ADMINISTRATIVE ADJUSTMENT NO. 2002-00220 179 OWNER: Mark Beamish, 8754 Banner Ridge, Anaheim, CA 92808 AGENT: Haigh Builders, Inc., Tom Haigh, 12332 Cinnibar Road Santa Ana, CA 92705 LOCATION: 6801 Avenida de Santiaao. Property is 1.2-acres, has a frontage of 208 feet on the north side of Avenida de Santiago, a maximum depth of 475 feet and is located 650 feet southwest of the centerline of Tamarisk Drive. Waiver of maximum structural height to construct a new 2-story, single-family residence in the RS-HS-22,OOO (SC) (Residential, Single-Family; Scenic Corridor Overlay) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 2002-00220 approved (ZA2002-12). Items B2 throuah B6 From Plannina Commission Meetina of April 8. 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 30, 2002: B2. CONDITIONAL USE PERMIT NO. 4105 179 AND NEGATIVE DECLARATION: .~ ,"-.--.,..-. .... ..,_,-...~.__. ....4""..___._,__....__.~.o i B3. 179 ANAHEIM CITY COUNCIL MEETING MINUTES APRI L 23, 2002 PAGE 9 OWNER: Keorjikian Levon Trust, 202 West Lincoln Avenue, Unit E Orange, CA 92865 AGENT: Ponderosa Property Management, Attn: Russ Manion 202 West Lincoln Avenue, Unit E, Orange, CA 92865 LOCATION: 3331 - 3339 East Oranaethorpe Avenue. Property is approximately 1.2- acres located at the northwest corner of Orangethorpe Avenue and Crowther Avenue. Requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on June 15, 1999 to expire June 15, 2002) to retain a church in an existing commercial center. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement to Conditional Use Permit No. 4105 with deletion of a time limitation (PC2002-51) (6 yes votes, Commissioner Bristol absent). Negative Declaration previously approved. CONDITIONAL USE PERMIT NO. 2681 AND NEGATIVE DECLARATION: OWNER: Robshan Inc., 3210 Belt Line Rod, #140, Dallas, TX 75234 AGENT: Press Box Sports Bar and Grill, Attn: Bryan Kahng 480 North Glassell Street, Anaheim, CA 92806 LOCATION: 480 North Glassell Street. Property is approximately 0.59-acre located at the southeast corner of Glassell Street and Frontera Street (Press Box Sports Bar and Grill). Requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on March 26, 2001, to expire March 26, 2002) to retain a previously approved restaurant with sales of alcoholic beverages for on-premises consumption with three billiard tables and public entertainment with a cover charge. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement to Conditional Use Permit No. 2681 for one year to expire on March 26, 2003 (PC2002-52) (6 yes votes, Commissioner Bristol absent). Negative Declaration previously approved. B4. CONDITIONAL USE PERMIT NO. 4189 179 AND NEGATIVE DECLARATION: OWNER: Bel Air, 1300 Quail Street, Suite 108 Newport Beach, CA 92660 AGENT: Charlie Yoon, 1300 Quail Street, #18 Newport Beach, CA 92660 LOCATION: 2871 - 2897 West Lincoln Avenue. Property is approximately 1.5-acres located at the northeast corner of Bel Air Street and Lincoln Avenue (Choo Sik Restaurant). Requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on May, 23, 2000, to expire April 10, 2000) to retain the sales of beer and wine for on-premises consumption in an existing restaurant. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement to Conditional Use Permit No. 4189 with deletion of time limitation (PC2002-53) (6 yes votes, Commissioner Bristol absent). Negative Declaration previously approved. 179 B5. WAIVER OF CODE REQUIREMENT ~~.._....- r ~~_"~'~''''''''''''".-_.,"--.~_.,,,.,,,,,,,,--_..,,.,-,,~ '~'~-'~'^'--",,--"_._.~~" ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 23, 2002 PAGE 10 CONDITIONAL USE PERMIT NO, 2002-04531 CATEGORICALLY EXEMPT - CLASS 1 (EXISTING FACILITIES): OWNER: Kingsley Gates, P.O. Box 130548, Houston, TX 77219 AGENT: Father Joseph Boules, 20575 Easthill Drive Yorba Linda, CA 92887 LOCATION: 1617 West La Palma Avenue. Property is approximately 1.2-acres with a frontage of 216 feet on the north side of La Palma Avenue located 210 feet east of the centerline of Euclid Street (St. Verna Coptic Orthodox Church). Request to permit a church with an accessory child day care facility for a maximum of 30 children with waiver of minimum setback for institutional uses adjacent to a residential zone boundary. ACTION TAKEN BY THE PLANNING COMMISSION: Waiver of Code Requirement approved (6 yes votes, Commissioner Bristol absent). Conditional Use Permit No. 2002-04531 granted (PC2002-54). 6:00 P.M. PUBLIC HEARINGS: 137 C1. A public hearing to consider the issuance, sale and delivery of multifamily housing revenue bonds for Parkview Apartments located at 1124, 1125, 1134, 1135, 1138, 1159 and 1178 Lombard Drive: Executive Director of Community Development, Elisa Stipkovich, stated that the Anaheim Housing Authority had approved a resolution for the potential to issue tax-exempt bonds to finance an acquisition and rehabilitation of Parkview Apartments. The Federal Tax Equity and Financing Act, (TEFRA), she explained, required that a public hearing be held by the governing body. She said upon approval of the Resolution following the public hearing, the developer could submit his application to the State for consideration. She added that the project was 71 two-bedroom units and was located at the 1100 block of Lombard Drive. The bonds were proposed to be $67 million and $1.2 million would be used to rehabilitate the units and the units would be made affordable to people at 50 and 60 percent of the area medium. Mayor Daly opened the public hearing and hearing no testimony, closed the public hearing. Mayor Daly offered Resolution No. 2002R-82 for adoption. RESOLUTION NO. 2002R-82 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Anaheim Housing Authority's issuance, sale and delivery of multifamily housing revenue bonds for Parkview Apartments and certain other actions in connection therewith. Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes - O. Motion carried. 000 C2. A public hearing to consider implementing the Unified Hazardous Waste and Hazardous Materials Management Regulatory Program Act as the CUPA for the City: Council Member Tait noted that the Fire Department was cutting the charge of the fee 15 percent of what the County charged. Chief Jeff Bowman said that was correct. Mayor Daly opened the public hearing, and hearing no testimony, closed the public hearing. ----,- ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 23, 2002 PAGE 11 Mayor Daly offered Resolution No. 2002R-83 for adoption RESOLUTION NO. 2002R-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing fees and penalties in connection 'vvlth implementing the Unified Hazardous Waste and Hazardous Material Management Regulatory Program Act. Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes - O. Motion carried. 107 C3. A public hearing to consider a special permit to move a total of three residential structures: Mayor Daly opened the public hearing. Bill Taormina said that this would add three more to the dozens of homes and historical structures that had been saved. He said that these would be made into thee beautiful, heavily landscaped homes and would be used for light office instead of a fast food restaurant. Mayor Daly closed the public hearing. Mayor Daly offered Resolutions Nos, 2002R-84 and 2002R-85 for adoption. RESOLUTION NO. 2002R-84 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a special permit to move two residential structures from 320 North Sunkist Street and 1272 East Lincoln Avenue to Agency-owned land at 1025 - 1109 East Lincoln Avenue in the City of Anaheim. RESOLUTION NO. 2002R-85 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a special permit to move one residential structure from 407 North Anaheim Boulevard to Agency-owned land at 1025 - 1109 East Lincoln Avenue in the City of Anaheim. Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes - O. Motion carried. 179 C4. CONTINUED PUBLIC HEARING: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2001-04494 AND NEGATIVE DECLARATION: OWNER: Splinter Investments, Inc., Attn: 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- -'.""-r 179 179 ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 23, 2002 PAGE 12 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 readvert~sed 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 approving, in part, waiver (b) (5 yes votes, Commissioner Koos abstained and Commissioner Vanderbilt absent). Conditional Use Permit No. 2001-04494 granted; automobile sales facility to expire January 28,2004 (PC2002-16) (4 yes votes, Commissioner Eastman voted no, Commissioner Koos abstained and Commissioner Vanderbilt absent). Negative Declaration approved. (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). Mayor Daly moved, seconded by Council Member Kring, to continue Item C4 to May 7,2002. Motion carried unanimously. C5. CONDITIONAL USE PERMIT NO. 2001-04499 AND NEGATIVE DECLARATION: OWNER: Tosco Corp., 2585 West La Palma Avenue Anaheim, CA 92801 AGENT: Olfati Design Group, Attn: Ali R. Dogmetchi 5199 East Pacific Coast Highway, Suite 320N, Long Beach, CA 90804 LOCATION: 2585 West La Palma Avenue. Property is approximately 0.52-acre located at the northeast corner of Magnolia Avenue and La Palma Avenue [Union Oil (76) Service Station]. Requests to establish conformity with existing Zoning Code land use requirements for an existing automobile service station and to permit the conversion of the existing service station building into an accessory food mart with sales of beer and wine for off premises consumption. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2001-04499 denied (PC2002-31) (4 yes votes, Commissioners Bostwick, Boydstun and Vanderbilt absent). Negative Declaration approved. Informational item at the Council meeting of March 19, 2002, Item B2. Planning Commission's decision appealed by the Agent Ali Dogmetchi. Mayor Daly noted that correspondence had been received from the applicant to continue the item to May 14, 2002. Mayor Daly moved, seconded by Council Member McCracken, to continue Item C5 to May 14, 2002. Council Member Tait abstained. Motion carried. C6. VARIANCE NO. 2001-04466 CATEGORICALLY EXEMPT - CLASS 1: OWNERS: Susan Manuel, 201 Ocean Avenue, #601-B Santa Monica, CA 90402 - ~,.... _"~"~,,,,-,~__,,,,,,,,;'.;-",~ n"._ ._._...._~."'_,__~...", ". ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 23,2002 PAGE 13 Athanasios & Sofia Tatsis, 5051 E. Orangethorpe Avenue Anaheim, CA 92807 Christopher Drakos, 1741 N. Kellogg Drive, Anaheim, CA 92807 AGENT: Gerald Mintz, EATACOS, 19081 Spicewood Lane Huntington Beach, CA 92648 LOCATION: 5031 East Oranaethorpe. Unit B-1. Property is 3.88-acre located at the northwest corner of Orangethorpe Avenue and Kellogg Drive. Waiver of minimum number of parking spaces to permit an increase in seating for an existing restaurant (including accessory outdoor seating) within a commercial retail center in the CL (SC) (Commercial Limited; Scenic Corridor Overlay) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 2001-04466 approved (ZA2002-08). Informational item at the Council meeting of March 5, 2002, Item B4. Appeal of the Zoning Administrator's decision submitted by Athanasios and Sofia Tatsis. Zoning Division Manager, Greg Hastings, said that the property was developed with a 27 -year old commercial retail center consisting of three individual parcels, each under a separate ownership and governed by Covenants, Conditions and Restrictions requiring reciprocal parking and access between the three parcels. The variance would allow for a 1,250 square foot restaurant to convert from a ten-seat, take-out to a 30-seat, full-service restaurant, he said. There would be no increase in square footage, only an increase in the number of seats. The conversion would increase the parking requirement from the parking ratio of 5~ parking spaces per 1,000 square feet of floor area to eight spaces per 1,000 square feet of floor area. He noted that this was a parking requirement increase of three parking spaces overall. He stated that the Traffic and Transportation Manager had reviewed the applicant's parking study and staff had conducted numerous studies and field checks. The Traffic and Transportation Manager had determined that the parking provided on-site was sufficient to accommodate the expansion of seating for the restaurant and staff was in support of the request. Mayor Daly asked if the action of the Zoning Administrator was consistent with the recommendation of the planning staff and Manager Hastings responded that it was. Mayor Daly opened the public hearing. Director Fick said that there were several property owners at the location and they were covered by mutual covenants that affected the property and staff suggested that the applicant for the proposal speak first. Gerald Mintz stated that he was the operator of the shopping center and he said that there were three owners; Stater Brothers, the owner of the strip center, Susan Manuel, and the Tatsis', which were the owners of the corner pad. City Attorney White stated that this was a request to increase the seating in an existing restaurant and the Code provided that a certain number of off-street parking spaces were required. He said the entire center required 289 spaces and the proposal was for a waiver of that requirement. The Zoning Administrator had reduced the required number to 192 spaces based upon a traffic study presented and concurred by the Traffic and Transportation Manager, he explained. He said after the waiver was approved, the appeal was taken by one of the other co-tenants in the shopping center on the basis that they did not believe that the waiver was appropriate and more off-street parking spaces should be required in conjunction with the .. .~._-...... I ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 23, 2002 PAGE 14 expansion of the restaurant. He added that these were actually co-tenants in the same project; one putting forth the application and the other objecting to the parking waiver. Peter Wittman, Attorney for tenant Miriam Maldonado, EATACOS, said that the only objection he had seen appeared to be contained in a letter from Mr. Bradshaw to Mr. Mintz, dated April 12, 2002. He said that there was a conditional use permit that his client did not know about that limited her to have two employees and she may have had four employees, but has two employees now and was in compliance with the previous conditional use permit. He noted that there was an allegation that the accessory outside seating would encroach on common sidewalks, blocking disabled access and may violate the Americans with Disabilities Act. He said if Council was concerned and was inclined to postpone the decision, he would waive the request for outside seating. The increased tables and chairs would be inside the present establishment. He said he had a map that was drawn to scale by the architect and the seating area was 24-feet by 24-feet which was the only area that they were seeking to increase ten tables to 30. He said that the part of the letter that said there would be business operation within the 576 square foot area was incorrect. The next issue was that the outside seating would violate the Covenants Conditions & Restrictions in the common area and that issue was moot since they would not be outside. He said that the only issue left was whether there would be any business operation kitchen, service two hallways and a counter within the subject area and that was not true, he said. Miriam Maldonado, EAT ACOS, the original applicant, stated that the only concern she had was adding additional seating for customers and she was not concerned about anything outside of that. An unidentified gentleman said it was his understanding that the objectors or appellants sold the same type of food, Mexican food, and there was direct competition. A unidentified gentleman stated that he represented the owner of the property where the variance resided, and Susan Manuel was in favor of the variance. James Bradshaw, Attorney representing the Tatsis, spoke in opposition of the variance and he said that he had drawn a picture that showed the kitchen, service area and counters and that problem needed to be resolved. He said 575 square feet would be a problem to put 35 people into and referred to the California Building Codes. He said that out of the owners listed, Christopher Drakos was not notified and the notice had gone to the Bank of America Trust that managed the property for Mr. Drakos and they sent Mr. Bradshaw correspondence that said they had not managed the property for over five years. He said that the restaurant was treated differently than the other four fast food restaurants in the center and were required to have 16 parking spaces per 1,000 square feet. For some reason, he said, staff had said only eight spaces for EAT ACOS. He stated that the applicant did not understand the five conditions and disclaimers that were put in the initial approval decision because they added the 30 seats and put outside seating in the next day. The applicant had been sited twice since then since they were still operating under Conditional Use Permit No. 4118 that was approved in 1999, he said, and when Conditional Use Permit No. 4118 was approved, there was a parking variance along with it that was denied at the time. Adding the 30 or 40 seats to a fast-food restaurant, required adding three additional parking spaces, he said. There had been a health department note that limited EAT ACOS to two employees and he said that they were complying with that now. He said that EAT ACOS was dropping the accessory outside seating and it would have been of considerable concern to block a sidewalk and make all of the owners liable for the actions of the tenant. EATACOS had one bathroom and that was adequate for ten seats and was not ". .,.... i ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 23, 2002 PAGE 15 adequate under California Building and Plumbing Codes and if there were more than 25 people, he said, they would be required to have a bathroom for each sex. He mentioned that encroachment onto the common area could violate federal law and he added that Stater Brothers had sent a letter to the Planning Department saying that if that was the condition being approved, they would have no part of it. Sophia Tatsis said she was strongly opposed to the variance since three additional parking spaces would not accommodate 30 to 40 extra seats in 450 square feet, not 575 square feet as the applicant presented and she said that people needed isles to walk. She said she was the landlord and needed to protect her establishment, land and tenants. She asked how three additional parking spaces and a variance could be granted that had been denied in 1999. The applicant indicated that there were restrooms in the rear and there was only one restroom and she said she was obligated to have two restrooms in her establishment and she had been told to keep under four employees and then she could have one bathroom. She said that the applicant's letter indicated that there were four employees in there and ten seats and she asked how they could accommodate 30 to 40 people with four employees and one bathroom. She wanted to know where the applicant would place the extra 30 to 40 seats. The recycle area on the property was supposed to occupy only five parking spaces and occupied twelve. She added that she was glad that the applicant had dropped the request for the outside seating. She said she was the landlord and she wanted to protect her tenants. Fred Brown, a teacher at Esperanza High School, stated that 800 of the 3,000 high school students went to lunch between 11 :00 A.M. and 1 :00 P.M. and he said that the parking lot at the center was full at that time. He did not know how one would get around if the restaurant was expanded. There was a D W Sub restaurant on the same side as EATACOS and he said that they would probably like to increase their seating as well as Spicy Thai and the donut store and there would definitely not be enough parking. He said he went there on Monday to pick up his dry cleaning and could not find a parking spot at 5:15 P.M. and it was a very well used center. He said he was glad that EAT ACOS had withdrawn the outside seating request because there was no room for it. He said it was an unsafe condition for the children at lunch-time. Bob Lewis, a teacher at Esperanza High School, stated that the center was extremely well used by the 800 students and the parking lot was very crowded. He was concerned about the outside seating and said it would be difficult for a disabled person to navigate down the sidewalk with obstacles. He said that a person could not find a parking space in the afternoon and almost anytime that he had gone to the center it was hard to park. Miriam Maldonado, EAT ACOS, said that she was hearing issues about square footage, bathrooms, tile counting and her timing and she said that all of the issues had been discussed in the previous hearings. Her concern was the parking variance and she was aware that the Esperanza students were there and said that not all of them drove to the center. The parking study was done by a reputable company and Public Works-Engineering had approved of it, she added. Mayor Daly closed the public hearing. Council Member Kring said that Mrs. Maldonado referenced the parking study and she understood that there had been several studies done for the parking. Traffic and Transportation Manager, John Lower, stated that there had been seven field checks regarding the parking demand and two of them were prepared by RBF Consultants for the project applicant. RBF Consultants indicated a peak demand during the peak hour of 100 stalls being parked in and '-r ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 23, 2002 PAGE 16 that compared with the 192 spaces that existed. The peak hour was on a Saturday at noon, he said, and on a Wednesday at 5:00 P.M. when 93 vehicles were present. Extended surveys were conducted every hour from 11 :00 A.M. to 4:00 P.M. on that Saturday and from 10:00 A.M. to 5:00 P.M. on Wednesday, September 26,2001, and City staff subsequently field checked during those hours. There was a subsequent three-day study completed for the people opposed to the applicant by another registered Traffic Engineer in February, 2002, and that analysis ranged from a peak of 97 up to 115 which was still substantially below the 192 spaces available. Council Member Kring said that there was parking available and it was just not in front of the business and a person would have to walk a bit to get to the parking space. Mayor Daly noted that RBF Consultants did the parking study for the applicant and he asked who did the parking study for the appellant and Traffic and Transportation Manager Lower responded that Larry Greier and Associates did the parking study. Council Member McCracken said she had heard that the restaurant owner had withdrawn the outdoor seating and she asked if that changed the number of tables or seats that Council was considering. Executive Director Fick stated that the applicant had offered to withdraw the outdoor seating and should Council approve the variance, staff would recommend that it be added as a condition. He said it did not technically affect the parking requirement because as an accessory use, there could be up to ten outside seats, in conjunction with the restaurant. He said it reduced the theoretical number of seats that the applicant could have as an accessory use at the site. Council Member Kring asked if the outdoor seating would be out in the public right of way and if it would create a problem for people traveling down the sidewalk. She said that some restaurants have tables right next to the building and it did not interfere with the flow of traffic. Director Fick said he believed that there were tables that were set up immediately on the sidewalk in front of the restaurant. Approval of the variance in no way affected any other Building Code, Fire Department, Health Department, Americans with Disabilities Act requirements and anything else would need to be in conformance. Council Member Kring said it really did not matter if the applicant was going to eliminate the outside dinning or not, she would still have to comply with any Americans with Disabilities Act requirements and there would still have to be a free flow of traffic. Council Member McCracken asked if there was a requirement for two restrooms, would that be another violation that Code Enforcement would have to deal with and it had nothing to do with the parking variance. Director Fick said that was correct and could be either Code Enforcement or the Health Department or a function of what the operator of the restaurant would structure in terms of how many employees they would have and how many seats would be provided, depending upon the restaurant proposal. All the Codes would have to be complied with in any case, he added. Council Member Tait asked if removing outside seating changed the requirement for a waiver. Director Fick stated that it did not change the requirement for a waiver but it eliminated the ---I --" - """"" .""-~">" "~- ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 23, 2002 PAGE 17 possibility as an accessory use that the restaurant could have outdoor seating and could reduce as much as ten seats. Mayor Daly mentioned that Council had a professional analysis from the Planning staff and two parking studies for each side of the discussion and all three conclude that there was sufficient parking at the site. He said that he would uphold the decision of the Zoning Administrator. Mayor Daly moved, seconded by Council Member Kring, to approve the CEQA Finding of Categorically Exempt, Class 1. Mayor Daly spoke about outdoor seating and noted the applicant had the option to pursue that as an accessory use at some time in the future. City Attorney White stated that it could be added as a condition in accordance with the applicant's representation that there would be no outdoor seating. Mayor Daly said he was not inclined to do that since that was the original request and he said he believed that outdoor seating was a nice option for any restaurant. Mayor Daly asked if staff saw the need to limit the outdoor seating and Director Fick stated that staff's philosophy towards outdoor seating was consistent with the Mayor's belief and the Council, with the structure of present ordinances, encouraged outdoor seating as an outdoor dining experience in the City. He said that staff would not recommend that condition. Mayor Daly said that there were current codes and regulations that governed the installation of outdoor seating and Director Fick said that was correct and all of the regulations would have to be complied with in order to affect outdoor seating at this location. Mayor Daly offered Resolution No. 2002R-86 for adoption. RESOLUTION: 2002R-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2001-04466. Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes - O. Motion carried. Report on Closed Session Actions: City Attorney White announced that the Anaheim Redevelopment Agency approved an Agreement for the acquisition of real property (and escrow instructions) with Jack Heinrich, Leah Heinrich and Jack Charles Heinrich for purchase of the property at 535 and 541 S. Anaheim Boulevard by the Anaheim Redevelopment Agency for the sum of $985,717; and authorized the Executive Director of the Agency to execute the Agreement and all other necessary documents on behalf of the Agency. Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes - O. Motion carried. Council Communications: Council Member McCracken said that the Orange County Transportation Authority had agreed. in concept, to purchase the toll roads on the 91 Freeway (express lanes). She said that OCTA had to seek legislation to manage to have the toll roads because no transportation agency in the State had the authority. Supervisors in Orange County and Riverside County were in -.'- ANAHEIM CITY COUNCIL MEETING MINUTES APRIL 23, 2002 PAGE 18 Sacramento asking legislators to promote a bill that would give them the authority to purchase and have toll roads. She said that the concept was to purchase the power which had prevented any type of improvements along the 91 Freeway and would allow for expansion of the 91 Freeway in both Orange and Riverside Counties to allow for the movement of traffic. Council Member McCracken also commended the Family Assistance Ministry of San Antonio Catholic Church on Santa Ana Canyon Road for providing permanent housing for 1,249 homeless families with the one million dollars the Church community raised during the past sixteen years. Council Member Kring noted that the Iglesia de Poder Church celebrated their tenth anniversary of being in the City. She congratulated the Anaheim Library on being fully automated and noted that the Library can be accessed from home computers. She noted that the Cinco de Mayo celebration would be at La Palma park on May 4 and 5, 2002. She added that the California Surfs of Anaheim had won 2nd place in recent competition. Council Member Feldhaus asked that the City Manager look into the east bound lanes on Ball Road at Disney Drive where there was a keep clear zone in the limit line markings and he said that the keep clear zone was almost obscured and ignored by traffic. He added that people were parking in the keep clear zones, which inhibited traffic going in and out of the motel there. Adjournment: There being no further business to come before the City Council, Mayor Daly adjourned the meeting at 7:35 P.M. Respectfully submitted: ~~ Sheryll Schroeder, CMC/AAE City Clerk _d_ -- -- r -- - -~ -~- --- -.. -.- - ------.-