2002/06/11
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING
JUNE 11, 2002
The City Council of the City of Anaheim met in regular session.
PRESENT: Mayor Pro Tem Frank Feldhaus and Council Members Lucille Kring and Shirley
McCracken. Mayor Daly and Council Member Tait joined Closed Session at a later time.
STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, City Clerk Sheryll
Schroeder, Executive Director of Community Development Elisa Stipkovich, Finance Director
William Sweeney, Executive Director of Planning and Community Development Joel Fick and
Zoning Division Manager Greg Hastings.
A copy of the agenda for the meeting of the Anaheim City Council was posted on June 7,2002
at the City Hall inside and outside bulletin boards.
Mayor Pro Tem Feldhaus called the regular meeting to order at 4:05 P.M. in the Council
Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard.
ADDITIONSIDELETIONS TO CLOSED SESSION: None.
PUBLIC COMMENTS - CLOSED SESSION ITEMS: None.
Mayor Pro Tem Feldhaus moved to recess to Closed Session, seconded by Council Member
McCracken. Motion carried. Mayor Daly and Council Member Tait entered into Closed Session
at a later time. The Council recessed to Closed Session at 4:06 P.M.
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).
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: South Coast Cab Co. v. City of Anaheim, Orange County Superior
Court Case No. 80-03-59.
5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Nilsson v. City of Anaheim, et aI., USDC Case No. CV-
02972WJR(mcx).
ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 11, 2002
PAGE 2
AFTER RECESS:
Mayor Daly called the regular Council meeting of June 11,2002 to order at 5:33 P.M. and
welcomed those in attendance.
INVOCATION: Elder "Norm" Kredit, Anaheim Christian Reformed Church
FLAG SALUTE: Council Member Tait
119 PROCLAMATIONS AND DECLARATIONS:
Introducing the Anaheim Sister Cities Association student ambassadors to Mito, Japan.
Presentations were made by June Lowry and Bill Daly.
Recognitions to be presented at a later date were a proclamation recognizing June 2002 as
National Homeownership Month.
At 5:46 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 6:02 P.M.
ADDITIONS/DELETIONS TO THE AGENDA: None
PUBLIC COMMENTS:
Dennis Leslie said he was with Local 681 of the hotel and restaurant union and hotels in the
area had been given a deadline by the City to discontinue their shuttle service to and from
Disneyland. He said that this would force the hotels to abandon their own business and they
were being told that they must use the trollies operated by Pacific Coast Sightseeing because
the City had passed a clean air regulation. He said Disneyland stated that they wanted all the
clean air vehicles in their parking lot. There were over 5,000 diesel trucks and busses coming
into the area every day, such as Orange County Transit buses, Los Angeles Metropolitan
buses, airport and tour busses and diesel trucks that deliver goods to business in the area, he
noted. He asked if there was a special ordinance forbidding exhaust from the 5,000 vehicles
and if it was clean air that they wanted, why didn't they give the hotels the opportunity to buy
and operate clean air vehicles. He said he felt that this was a scam to force the hotels from
having their own shuttles and would loose control of their own drivers. He said that the
Anaheim Hilton had informed the City that they were not in favor of the new ordinance and the
City had informed the hotel, if they failed to sign with them, whenever the hotel applied for a
permit to build or remodel, such request would be denied. He asked that the ordinance be
stricken from the books.
Mayor Daly directed the City Manager to review and respond to comments made by Mr. Leslie.
City Manager Morgan recommended preparing a report for the Council and he asked that the
Traffic and Transportation Manager, John Lower, meet with Mr. Leslie.
Maria Cervantes said she was the union representative at the Hilton Hotel and that the Hilton
management did not notify that they would be getting rid of people's job. There were eight
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ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 11, 2002
PAGE 3
shuttle drivers at the Hilton Hotel that would be without a job, she said, and they would restate
them to other classifications and there were people that had worked as national drivers for
seventeen years. She said it was not fair for the City to have made a decision without doing an
investigation of how many people would loose their jobs by taking this action. She hoped that
something could be done.
Mayor Daly directed the City Manager to report to Council on the job impacts of the conversion
of the transportation system in the resort area.
Sarah Alevizon noted that the Anaheim Hills Golf Course clubhouse was 30-years old and was
a temporary building and the plan had always been to replace it. She said that the residents
had been patient and had faith that the City would take care of the issue for them. She said that
the plans for a 30,000 square foot facility were wonderful and the money was not coming from
the general fund. The golf course had generated $2.3 million last year and the funds went into
the general fund, she said, and the new facility was needed for a place to meet. She noted that
the Chamber of Commerce, Women's Division needed to find a facility and the parking at Dad
Miller Golf Course was very difficult.
Mike Nebben, President and Chief Executive Officer of the Anaheim Chamber of Commerce,
invited everyone to the annual Taste of Anaheim, held June 13, 2002, at the Center Street
Promenade.
Richard Johnson invited Council to the low budget art soiree.
MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions,
seconded by Council Member Feldhaus. Motion carried unanimously.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A24: 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. Mayor Daly offered Resolutions Nos. 2002R-
115 through 2002R-120 and Ordinance Nos. 5812 through 5813 for adoption. Motion carried
unanimously.
105
A1.
Receive and file minutes of the Redevelopment and Housing Commission meeting held
April 17, 2002 and minutes of the Golf Advisory Commission meeting held April 25,
2002.
175
A2.
Award the contract to the lowest responsible bidder, ARA Engineering Contractor, in the
amount of $547,900, for modifications to three existing water tanks and approve and
authorize the Finance Director to execute the Escrow Agreement pertaining to contract
retentions.
175
A3.
Award the contract to the lowest responsible bidder, ARA Engineering Contractor, in the
amount of $671,800, for replacement and rehabilitation of eight pressure regulating
stations and approve and authorize the Finance Director to execute the Escrow
Agreement pertaining to contract retentions.
175
A4.
Award the contract to the lowest responsible bidder, Lambco Engineering, Inc., in the
amount of $4,219,917.05, for direct buried cable replacement for fiscal year 2002/03
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ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 11, 2002
PAGE 4
164 A5.
169 A6.
164 A7.
169 A8.
175 A9.
167 A10.
123 /~.11.
160 A12.
123 A13.
123 A14.
179 A15.
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(Phase II) and approve and authorize the Finance Director to execute the Escrow
Agreement pertaining to contract retentions.
Award the contract to the lowest responsible bidder, Clarke Contracting Corp., in the
amount of $173,875, for a storm water treatment unit for the pump station at the Katella
Avenue undercrossing and approve and authorize the Finance Director to execute the
Escrow Agreement pertaining to contract retentions.
Award the contract to the lowest responsible bidder, Sialic Contractors Corp., dba
Shawnan of Downey, in the amount of $2,286,416.50, for the Lincoln Avenue
Improvements (Phase II) and approve and authorize the Finance Director to execute the
Escrow Agreement pertaining to contract retentions.
Award the contract to the lowest responsible bidder, Mladen Grbavac Construction Co.,
in the amount of $58,700, for public easement sewer improvements on Vermont Street
(abandoned), north of Ball Road, from east of Disneyland Drive to Disneyland Drive and
approve and authorize Finance Director to execute the Escrow Agreement pertaining to
contract retentions.
Award the contract to the lowest responsible bidder, R.J. Noble Co., in the amount of
$169,554.44, for the Clementine Street Improvement and approve and authorize the
Finance Director to execute the Escrow Agreement pertaining to contract retentions.
Award the contract to the lowest responsible bidder, Pouk & Steinle, Inc., in the amount
of $5,049,530, for Underground District No. 42, State College Boulevard, Phase I Project
and approve and authorize the Finance Director to execute the Escrow Agreement
pertaining to contract retentions.
Approve Contract Change Order NO.1 with TFN Architectural Signage, in the amount of
$73,290.45, for the Major Event Centers Combined Signage Program.
Approve and authorize the Mayor and City Clerk to execute the First Amendment to
Agreement with BonTerra Consulting, in an annual amount of $75,000 for a period of
two years, for special environmental on-call services and support for Public Works
improvement projects.
Accept the low bid of Spectrum Signs & Lighting, in an amount not to exceed $173,906
(tax inclusive), for two full color light emitting diode message boards for the Convention
Center in accordance with Sid #6291.
Approve a second five-year renewal of the existing Lease Agreement with Tennis
Concepts, Inc., dated November 2, 1976, as amended, at a rental rate of $416.67 per
month, for the continued operation of a tennis facility.
Approve the First Amendment to the Professional Services Agreement with the Center
for Demographic Research to extend the term of the original agreement to June 30,
2003.
RESOLUTION NO. 2002R-115 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM finding and determining that the zoning map referred to in Title 18 of
the Anaheim Municipal Code should be amended and that the boundaries of certain
ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 11,2002
PAGE 5
179 A16.
179 A17.
179 A18.
179 A19.
123 A20.
153 A21.
142 A22.
179 A23.
140 A24.
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zones should be changed (Reclassification No. 2000-00023) (South Anaheim Boulevard
Corridor Overlay Zone).
ORDINANCE NO. 5814 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 2001-00066) (820 - 824 South Magnolia
Avenue).
Adopt a Negative Declaration for the construction of disinfection facilities at Well No. 41.
Adopt a Negative Declaration for the construction of disinefection facilities at Well No.
46.
Adopt a Negative Declaration for the construction of disinfection facilities at Well Nos.
39,40 and 47.
Approve and authorize the Public Utilities General Manager to execute the First
Amendment to Agreements with Black & Veatch, CH2M Hill, Kennedy/Jenks
Consultants and URS Corp., for professional engineering services on an as-needed
basis providing for a one-year extension from June 30, 2002 to June 30, 2003.
RESOLUTION NO. 2002R-116 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving a Letter of Understanding between the International
Brotherhood of Electrical Workers, Local 47 and the City of Anaheim.
RESOLUTION NO. 2002R-117 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim
Firefighters Association, Local No. 2899 and the City of Anaheim.
RESOLUTION NO. 2002R-118 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim
Municipal Employees Association, General Unit and the City of Anaheim.
RESOLUTION NO. 2002R-119 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim
Municipal Employees Association, Clerical Unit and the City of Anaheim.
ORDINANCE NO. 5812 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM adding, deleting and amending various chapters, sections and subsections of
Title 6 of the Anaheim Municipal Code relating to public health and safety (Introduced at
the Council meeting of June 4, 2002, Item A20)
ORDINANCE NO. 5813 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending various code sections of Title 18 of the Anaheim Municipal Code
relating to zoning (computer rental/ internet amusement businesses) (Introduced at the
Council meeting of June 4, 2002, Item A24).
RESOLUTION NO. 2002R-120 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM to revise and restate in its entirety Resolution No. 2002R-11 0
approving and authorizing the application for funds from the California Public Library
Construction and Renovation Fund to match funds budgeted by the City of Anaheim for
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ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 11, 2002
PAGE 6
the Haskett Branch Library Construction Project and authorizing the City Manager to
execute all necessary documents in connection with such application and subsequent
award of funds.
END OF CONSENT CALENDAR
5:00 P.M. JOINT PUBLIC HEARING
ANAHEIM CITY COUNCIL AND ANAHEIM REDEVELOPMENT AGENCY:
At 6:18 P.M., Chairman Daly reconvened the Anaheim Redevelopment Agency.
Chairman/Mayor Daly opened the joint public hearing, and hearing no testimony, closed the
joint public hearing.
Mayor Daly offered Resolution No. 2002R-121 for adoption.
RESOLUTION NO. 2002R-121 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving a Disposition and Development Agreement with Trucor,
Inc. regarding certain property on South Lemon Street and making certain environmental
and other findings in connection therewith.
Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and
Kring. Noes - O. Motion carried.
At 6:20 P.M., Chairman Daly moved, seconded by Agency Member McCracken, to adjourn the
Anaheim Redevelopment Agency. Motion carried unanimously.
5:00 P.M. Continued Public Hearinas:
000 A26. Mayor Daly opened the public hearings on 2002/03 budget and budget appropriation
limits (Items A - D) and changes in fee schedules (Items E - 0). Hearing no public
comments, Mayor Daly closed the public hearings on 2002/03 budget and budget
appropriation limits.
Mayor Daly offered Resolutions 2002R-122 through 2002R-138 for adoption.
A. RESOLUTION NO. 2002R-122 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM adopting the annual appropriations limit of $555,858,429 for the
fiscal year 2002/03.
B. RESOLUTION NO. 2002R-123 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM adopting the Community Facilities District No. 1989-1 (Sycamore
Canyon) annual appropriations limit of $203,546,021 for the fiscal year 2002/03.
C. RESOLUTION NO. 2002R-124 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM adopting the Community Facilities District No. 1989-2 (The
Highlands) annual appropriations limit of $203,546,021 for the fiscal year 2002/03.
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ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 11, 2002
PAGE 7
Council Member Tait abstained on Item A26C.
D. RESOLUTION NO. 2002R-125 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM adopting the Community Facilities District No. 1989-3 (The Summit)
annual appropriations limit of $203,546,021 for the fiscal year 2002/03.
E. RESOLUTION NO. 2002R-126 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM revising fees for services rendered by the Office of the City Clerk
and establishing the effective date of fees.
F. RESOLUTION NO. 2002R-127 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM establishing fees to be charged for Community Services
Department programs and services commencing on September 1, 2002.
G. RESOLUTION NO. 2002R-128 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM establishing the amount of the park in-lieu fee and rescinding
Resolution No. 2001 R-203.
H. RESOLUTION NO. 2002R-129 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM adjusting the amount of the fee for the Public Library Facilities Plan
for the east Santa Ana Canyon area.
I. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending the green fees and cart rental fees to be charged at the
Dad Miller Golf Course and the Anaheim Hills Golf Course.
City Manager Morgan recommended withdrawal of Item I.
Mayor Daly asked what the withdrawal of the proposal meant for the financing of the proposed
new clubhouse in Anaheim hills and City Manager Morgan responded that the estimated impact
of the increase was to generate a net of $115,000 and the possible affect that golf reserves
would be looked to for another $115,000 in the first year. Over the term of the financing, as long
as the issue was revisited in the next year or two, he said he did not believe that there was a
material impact on the plan.
Mayor Daly asked about the term of the financing and City Manager Morgan said it was 30-year
financing with a debt service of approximately $600,000 per year.
Mayor Daly asked if this would affect the transfer of the general fund from the golf operation and
City Manager Morgan informed that the current pro-forma called for no impact to the general
fund for approximately the next six or seven years. If the pro-forma was beyond that for 20-
years, it was assumed that it would not go below $2 million per year, he said.
Council Member Tait asked if it dropped and cut into the general fund at about $300,000 per
year and City Manager Morgan said that City was looking at about $100,000 to $200,000 per
year for some short periods of time. It was a complicated pro-forma and as an example, only
five percent growth In rounds over ten years had conservatively been projected, he noted, and if
the golf course did better than that, the numbers would go in a different direction.
Council Member Tait asked where the remaining $500,000 was coming from since there had
been $600,000 annually for 30-years less the $115,000 that would have come from the rate
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ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 11, 2002
PAGE 8
increase in fees. City Manager Morgan stated that it was all coming out of golf revenues and
the $115,000 had been built into the $600,000 and if it was pulled out, and everything else
stayed the same, there would be that type of loss of revenue.
Council Member Tait said that there was $400,000 left that had to come from somewhere and it
would eventually come out of the City's funds and City Manager Morgan stated that the money
came from the golf revenues.
Council Member Feldhaus spoke about privatization efforts and American Golf approached the
City and said that they would guarantee the City $1.9 million per year, every year, for the next
30-years on the contract. City staff informed Council that they could meet and beat that amount
and they had continued to do that every year since that time, he said. Instead of transferring
$1.9 million, he said that the amount had slowly been increased by $2.3 million and 2.6 million.
He said that Council had asked for $1.9 million back then and he asked why the surplus money
was not taken and used for a clubhouse. He said that the excess money had been taken and
placed into the general fund and using it for general fund uses and he asked if the surplus
money above the $1.9 million could be used even though the rounds had dropped.
City Manager Morgan said that it was one to two-years ago when a resident fee was
implemented as well as a new fee structure. The new fee structure was designed to take the
City closer to market while still maintaining a discount for Anaheim residents and generating
some additional revenues for the clubhouse, he informed, and staff was suggesting that another
fee adjustment be made because golf rounds were down from where they had been projected to
be. He stated that was the reason for returning to Council with a suggested fee adjustment and
deferring the adjustment for one or two years would not substantially change the numbers. All
of the money for the golf clubhouse would come from golf and the transfer to the general fund
would remain over $2 million, he added.
Council Member Kring said that the people who had spoken regarding the fee adjustment may
not mind having a fee adjustment when a new clubhouse was built and operating. She spoke
about the competition and said that the clubhouse needed to match the quality of the golf
course. She said that the City had the architectural plans and financing to build a new
clubhouse and she asked to move forward on the project.
Council Member Tait said that this was a $7 million clubhouse of 30,000 square feet and he said
he believed that the $400,000 per year would have to come from somewhere to pay for it. He
said that the clubhouse was not as much of a priority as parks and police and fire.
Council Member McCracken said the organizations in the area that could not find a place to
meet would go to neighboring cities because there was no place to gather. She said just like
young people who need playing fields, there were more mature members of the community that
needed a place to meet and entertain and be a part of the community. She said she believed
that it was $1.6 million that American Golf had promised the City and that was several hundreds
of thousands of dollars difference. She said it was about time to get rid of the termites and
place a building there that was satisfactory and represented the City well.
Mayor Daly said that the golf staff had been asked years ago to generate additional revenue
from the two golf courses that had been successful in the City to help pay for other amenities in
the community. He said that golf had been popular and the courses were well run and the City
had the luxury of revenue generated from the two courses that could be spent elsewhere on
parks and other needs in the City. There had been a clear need for some type of replacement
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ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 11,2002
PAGE 9
or rehabilitation of the clubhouse, he noted, and it was nice that the revenues continued to rise.
The City Manager had brought forth a budget with a record amount of revenues of
approximately $2.3 million, proposed to be transferred from the golf operation to the general
fund and over the past few years, the number had been in the $1.8 million range. He said staff
had run the golf courses like a business and tried to generate additional revenue. Mayor Daly
said he was concerned that the proposed golf clubhouse was larger than it needed to be but it
was a project that was overdue and would be popular. He said it was designed to be built to
last a long time and be a landmark for Anaheim hills and he asked that future library buildings
be of that quality. He said that once the partnership issues regarding the Dad Miller Golf
Course were resolved with the County government, the City could maybe upgrade Dad Miller
keeping in mind the big vision for Anaheim Hills Golf Course. He said that he intended to
support the proposed Anaheim Hills Golf Course clubhouse. He asked Council to take the
opportunity to find other pressing needs in the community since there was a record reserve
funds of at least $26 million and the projections for the next couple of years seemed to be very
promising.
J. RESOLUTION NO. 2002R-130 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM establishing a schedule of rates to be charged for rental of space
and for certain labor, equipment and services at the Anaheim Convention Center.
RESOLUTION NO. 2002R-131 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM establishing rates to be charged for licensing and for certain labor,
equipment and services at City parking lot events at Edison International Field of
Anaheim commencing July 1, 2002.
K. RESOLUTION NO. 2002R-132 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM revising fees for services rendered by the Fire Department and
establishing the effective date of fees.
L RESOLUTION NO. 2002R-133 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM adopting new fee schedules for building and construction.
RESOLUTION NO. 2002R-134 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM adopting new fee schedules for zoning, environmental, planning,
and code enforcement petitions, permits, approvals, appeals and inspections.
M. RESOLUTION NO. 2002R-135 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM establishing and amending fees to be charged for certain services
provided by the Anaheim Police Department.
N. RESOLUTION NO. 2002R-136 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM adopting new fee schedules for the Public Works Department
of the City of Anaheim.
City Manager Morgan recommended that there be a cap established to ensure that no increase
exceeded 2.7 percent, which was consumer price index.
City Attorney White announced that a modified Exhibit A had been submitted to reflect the 2.7
percent cap and the adoption of the resolution would be with the revised Exhibit A.
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ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 11, 2002
PAGE 10
O. RESOLUTION NO. 2002R-137 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM adopting a new schedule of sanitation charges (solid waste
collection).
RESOLUTION NO. 2002R-138 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM adopting a new schedule of sanitation charges (waste water
collection).
Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and
Kring. Noes - O. Motion carried. Council Member Tait abstained on Item A26C.
Council Member Tait said he would vote for the budget and wished to be recorded as voting no
on the portion that included the Anaheim Hills clubhouse.
Mayor Daly noted that the budget was not just a result of a strong economy of the 1990's, but of
the careful budgeting and set-asides, new funding from the Anaheim Resort area and shopping
centers in the City, the strong electric Utility Department and the expectation that the City would
receive its fair share of some of the State bond measures approved by the voters for parks,
libraries and other needs. He said that he hoped that the gymnasium in west Anaheim and the
expansion and rehabilitation of La Palma Park would be funded by grants but the Council could
not expect all of them to be funded by grants. He suggested that some of the record high
surplus be allocated to some of the community projects, specifically the west Anaheim
gymnasium, a gymnasium for Anaheim hills to be located adjacent to the police facility or at
another suitable location to be recommended by staff and the set-aside of $5 million for future
parks projects and that the $5 million be placed in the City's parks fund.
City Manager Morgan said that the surplus reserve was projected of approximately $25 million
and the Council's policy was to maintain a general fund reserve that was totally unrestricted
because the City had other reserves with some restrictions upon them. The City had very
conservative reserving policies and benefited from that, he said, and the policy was to keep the
reserves from between seven to ten percent. He said if Council kept their policy at ten percent
with a general fund of $182 million, the City would want to keep approximately $18 million in that
fund. He spoke about a refinance at the Convention Center that would generate $800,000 in
savings next year and there had been sales of the City's property and even though the impacts
of September 11th were serious, they were not as financially serious as had been predicted. He
noted that the year-end closing of the general fund would probably be close to $28 million rather
than $25 million and that would give Council approximately $10 million to use for gymnasiums
or park funds or however Council wanted to designate the funds.
Mayor Daly suggested that some of that reserve be designated for the two new gymnasiums
and for future park projects and he asked the City Manager to total some of the additional
revenues that would come in, such as the Convention Center refinancing and sales of land, and
that at a future date, in the next month or two, it return to Council for discussion on the status of
the City's reserve and whether Council would be interested in any additional expenditures. He
asked to revisit some of the parks projects such as Yorba Regional Park project and said that
the City did not know the status of the County's partner5hip on it and there was money in the
budget for a potential there. He said it would be wise, if the budget were adopted, to revisit
some of the projects.
City Manager Morgan suggested that if Council were to adopt the budget and concurrently
transfer funds, in the amount of $5 million to the Park Fund and $5 million to the Community
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ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 11, 2002
PAGE 11
Improvement Fund, staff could return to Council on July 23,2002 and update the Council on the
year-end closing and discuss the status of the various park projects. Council could consider the
appropriations at that time, he added.
Mayor Daly asked if the $5 million to the Community Improvement Fund would be for the two
gymnasiums and City Manager Morgan said that it would if that was Council's direction.
Council Member Feldhaus said that by the mid-year meeting in January, the City would have
been through the summer months from the tourism and the transient occupancy tax.
Mayor Daly noted that the Canyon Hills gym was the only gym in the Anaheim hills area and it
was rare that the community was able to use the school gyms and it was time for a City
gymnasium in the hills. It was time to place the facilities in the most compatible way, he said,
since the City was sometimes limited as to when they could build in parks and gymnasiums. In
the hills, he added, there were a couple of nice potential locations for a City gym and he asked
for staff's recommendations on how large it should be or whether it should be built in one of the
existing City parks or adjacent to the east Anaheim Police facility or somewhere else.
Council Member McCracken asked to leave the door open to prioritizing some of the other
projects that fit into parks and services for the whole community. She said that maybe if the City
was funded for a good part of the gym in west Anaheim by State funds, then maybe some of the
$5 million could go to other projects such as La Palma Park.
City Manager Morgan said that staff would know if they would be receiving State funds by the
end of the summer, somewhere in the September time frame.
Mayor Daly emphasized that within 30 to 60-days, Council should discuss the status on Yorba
Regional Park, Magnolia High School athletic field and all the others spoken about where there
had been money budgeted.
Council Member Tait agreed that the gymnasiums were needed and it would be a great
addition.
City Manager Morgan said that the budget Council was adopting completed the entire length of
Lincoln Avenue and started at State College Boulevard. He said that there was an item on the
Lincoln project that was approved and he reported that the current plan had all of State College
Boulevard, from the 91 Freeway down towards the Katella Avenue interchange, undergrounded
and landscaped with median landscapes over the next 18 to 24-months.
Mayor Daly moved, seconded by Council Member Feldhaus, to adopt the 2002/03 Budget and
that $10 million be designated by allocating $5 million to the Parks Fund and $5 million to the
Community Improvement Fund, City Manager to provide status of City reserves and re-visit park
projects and staff to recommend location, size and if gymnasium should be near the Police
Station and planning of the west side gymnasium to proceed. Motion carried unanimously.
-..............
"'t. ...,.,~
ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 11, 2002
PAGE 12
Items B1 throuah B9 From Plannina Commission Meetina of May 20, 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 JUNE 11,2002:
B1.
179
179
B2.
<...".....
RECLASSIFICATION NO. 2001-00061
CONDITIONAL USE PERMIT NO. 2001-04455
AND NEGATIVE DECLARATION:
OWNER: Camino Grande Villas Homeowners Association, TSG Independent Property
Management, 27129 Calle Arroyo, #1801
San Juan Capistrano, CA 92675
AGENT: Tetra Tech WirelesslWhalen, Attn: Lorena Martinez
357 Van Ness Way, Suite 150, Torrance, CA 90501
Southern California Edison, Attn: Robert Teran
2244 Walnut Grove Avenue, Rosemead, CA 91770
LOCATION: Property is approximately 16.6-acres located at the northwest corner of
Nohl Ranch Road and Stage Coach Road.
Reclassification No. 2001-00061 - To reclassify subject property from RM-3000(SC)
(Residential, Multiple-Family - Scenic Corridor Overlay) Zone to the RS-A-43,000(SC)
(Residential/Agricultural- Scenic Corridor Overlay) Zone.
Conditional Use Permit No. 2001-04455 - To permit a telecommunication antenna and
microwave dish on an existing electrical transmission tower and accessory ground-
mounted equipment.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 2001-00061 and Conditional Use Permit No. 2001-04455 withdrawn
(5 yes votes, Commissioner Koos abstained and Commissioner Bristol absent).
RECLASSIFICATION NO. 2002-00072
VARIANCE NO. 2002-04499
AND NEGATIVE DECLARATION:
OWNER: Choco Realty Corporation., Attn: Kerri Rupert
455 South Main Street, Orange, CA 92868
AGENT: Mercy Housing California, Attn: Ben Phillips
500 South Main Street, #110, Orange, CA 92868
LOCATION: 2761 West Ball Road. Property is approximately 0.77-acre with a
frontage of 100 feet on the north side of Ball Road located 465 feet east of the centerline
of Dale Avenue.
Reclassification No. 2002-00072 - Request reclassification of the property from the
RS-A-43,OOO (Residential/Agricultural) zone to the RM-1200 (Residential, Multiple-
Family) or less intense zone.
Variance No. 2002-04499 - Request waivers of a) minimum number, type, and location
of off-street parking spaces, b) maximum structural height, c) minimum unit size, d)
minimum setback abutting one-family residential developments and e) additional
incentives in lieu of a density bonus to construct a two to three story, 23-unit affordable
"special needs" apartment complex.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 2002-00072 granted (PC2002-74) (6 yes votes, Commissioner
Bristol absent).
Variance No. 2002-04499 granted (PC2002-75).
Negative Declaration approved.
ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 11, 2002
PAGE 13
Review of the Planning Commission's decision requested by Council Member Feldhaus and
Mayor Daly and Item B2 set for public hearing.
179
B3.
VARIANCE NO. 2002-04494
CATEGORICALLY EXEMPT - CLASS 11:
OWNER: Equilon Enterprises, LLC., 2205 North Ontario Street
Burbank, CA 91504
AGENT: A & S Engineering, 207 West Alameda Avenue, Suite 203
Burbank, CA 91502
LOCATION: 201 South State ColleQe Boulevard. Property is approximately 0.72-
acre located at the southwest corner of State College Boulevard and Lincoln Avenue
(Shell Service Station and Car Wash).
Request for waivers of a) maximum area of freestanding signs and b) maximum height
of freestanding signs to retain unpermitted modifications to an existing freestanding sign.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 2002-04494 denied (PC2002-76) (5 yes votes, Commissioner Boydstun
temporarily absent and Commissioner Bristol absent).
City Clerk, Sheryll Schroeder, announced that Item B3 had been appealed and would be set for
a public hearing.
179 B4. VARIANCE NO. 2002-04495
CATEGORICALLY EXEMPT - CLASS 11:
OWNER: Equilon Enterprises, LLC., 2205 North Ontario Street
Burbank, CA 91504
AGENT: A & S Engineering, 207 West Alameda Avenue, Suite 203
Burbank, CA 91502
LOCATION: 1200 South State ColleQe Boulevard. Property is approximately 0.49-
acre located at the southeast corner of State College Boulevard and Ball Road (Shell
Service Station).
Request for waivers of a) maximum area of freestanding signs and b) maximum height
of freestanding signs to retain unpermitted modifications to an existing freestanding sign.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 2002-04495 denied (PC2002-77) (6 yes votes, Commissioner Bristol
absent).
City Clerk, Sheryll Schroeder, announced that Item B4 had been appealed and would be set for
a public hearing.
179
85.
-
SPECIMEN TREE REMOVAL PERMIT NO. 2002-00004
AND NEGATIVE DECLARATION:
OWNER: Mohammad Minaie, 3455 Condor Ridge Road
Yorba Linda, CA 92886
LOCATION: 4840 East Copa De Oro Drive. Property is approximately 1.38-acres
having frontages of 287 feet on the north side of Nohl Ranch Road and 359 feet on the
south side of Copa De Oro Drive located 1,358 feet west of the centerline of Nohl Ranch
Road.
Request to remove five (5) specimen trees (3 Eucalyptus and 2 Pepper) in order to
construct one single-family residence.
ACTION TAKEN BY THE PLANNING COMMISSION:
'..
ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 11, 2002
PAGE 14
Specimen Tree Removal Permit No. 2002-00004 approved (6 yes votes, Commissioner
Bristol absent).
Negative Declaration approved.
REPORTS AND RECOMMENDATIONS:
179
B6.
179
B7.
179
B8.
179
B9.
FINAL SITE PLAN NO. 99-04 - REQUEST FOR RETROACTIVE EXTENSION OF
TIME
ENVIRONMENTAL IMPACT REPORT NO. 321: Doug Anderson, 18500 Von Karman
Avenue, Suite 120, Irvine, CA 92612, requests a retroactive extension of time for a
previously-approved 4-story office building and parking structure within the Sports
Entertainment Overlay Zone. Property is located at 2045 and 2099 South State College
Boulevard (Stadium Center).
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved retroactive extension of time for Final Site Plan No. 99-04 to expire November
8, 2002) (6 yes votes, Commissioner Bristol absent).
Environmental Impact Report No. 321 previously approved.
CONDITIONAL USE PERMIT NOS. 3024.2157.1805 AND 1799 - REQUEST FOR
TERMINATION: CMC Investment, Inc., Attn: Ming-Cheng Chang, 27520 Hawthorne
Boulevard, Suite 215, Rolling Hills Estates, CA 90274, requests termination of
Conditional Use Permit Nos. 3024, 2157, 1805 and 1700. Property is located at 6501 -
6509 East Serrano Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permits Nos. 3024-, 2157,1805 and 1799 terminated (PC2002-72) (6
yes votes, Commissioner Bristol absent).
VARIANCE NO. 2523 - REQUEST FOR TERMINATION: Western Exterminator
Company, 305 North Crescent Way, Anaheim, CA 92801, requests termination of
Variance No. 2523. Property is located at 305 North Crescent Way.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 2523 terminated (PC2002-73) (6 yes votes, Commissioner Bristol absent).
MISCELLANEOUS 2001-00021 - RECOMMENDATION FOR COUNCIL ACTION
CATEGORICALLY EXEMPT SECTION 15061 (b){3): City of Anaheim, Planning
Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. Recommendation
that City Council approve a Resolution enabling the City of Anaheim to participate in the
voluntary Orange County Adult and Drug Sober Living Facilities Certification Program.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended to Council approval of a Resolution (6 yes votes, Commissioner Bristol
absent).
Mayor Daly offered Resolution No. 2002R-139 for adoption.
RESOLUTION NO. 2002R-139 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM adopting the Orange County Adult Alcohol and Drug Sober
Living Facilities Certification Guidelines.
Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and
Kring. Noes - O. Motion carried.
-
..
ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 11, 2002
PAGE 15
Item B10 From Zonina Administrator Meetina of Mav 30. 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 JUNE 10, 2002 (except
where noted):
179 B10.
VARIANCE NO. 2002-04505
TENTATIVE PARCEL MAP NO. 2002-132
CATEGORICALLY EXEMPT. CLASS 15:
OWNER: Gary Almas and Joyce Almas, 8055 Florence Avenue
Downey, CA 90240
AGENT: R. James Nugent, 9851 Corella Avenue, Whittier, CA 90603
LOCATION: 828 South Western Avenue. Property is 1.0-acre located at the northeast
corner of Western Avenue and Teranimar Drive with frontages of 118 feet on the east side
of Western Avenue and 285 feet on the north side of Teranimar Drive.
Variance No. 2002-04505: Waivers of minimum lot width of a residential lot adjacent to
an arterial highway and orientation of residential lot adjacent to an arterial highway for
the future construction of four detached single-family homes in the RS-7200
(Residential, Single-Family) Zone.
Tentative Parcel Map No. 2002-132: To establish a 4-lot single-family residential
subdivision.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 2002-04505 approved (ZA2002-18).
Tentative Parcel Map No. 2002-132 approved (ZA2002-19)
(Note: Variance No. 2002-04505 has a 15-day appeal period ending June 21, 2002).
Item B11 From Plannina Commission Meetina of June 3. 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 JUNE 25, 2002:
REPORT AND RECOMMENDATION:
134 B 11 .
;0-.........
GENERAL PLAN CONFORMITY NO. 2002-00015 - REQUEST TO DETERMINE
CONFORMANCE WITH THE ANAHEIM GENERAL PLAN: Orange County
Department of Education, Attn: Nina Young, 200 Kalmus Drive, P.O. Box 9050, Costa
Mesa, CA 92628-9080 requests to determine conformance with the Anaheim General
Plan for the proposed acquisition of real property for the expansion of Horace Mann
Elementary School. The property is located at 560, 580 and 600 West La Palma
Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
General Plan Conformity No. 2002-00015 determined to be in conformance with the
General Plan (7 yes votes).
ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 11, 2002
PAGE 16
6:00 P.M. PUBLIC HEARINGS:
137
C1.
To consider a resolution approving the form of and authorizing the execution and
delivery of a Site and Facility Lease, a Lease Agreement, an Escrow Deposit and Trust
Agreement, a Purchase Contract and a Continuing Disclosure Agreement in connection
with the issuance of not to exceed $30,000,000 aggregate original principal amount of
Anaheim Public Financing Authority Lease Revenue Bonds (Anaheim Convention
Center Project) 2002 Series A to refinance costs of certain improvements to the
Anaheim Convention Center, approving the distribution of a preliminary official statement
in connection with the offering and sale of said bonds and authorizing the execution of
necessary documents and certificated and related actions.
Mayor Daly opened the public hearing and hearing no testimony, closed the public hearing.
Mayor Daly offered Resolution No. 2002R-140 for adoption.
RESOLUTION NO. 2002R-140 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving the form of and authorizing the execution and delivery of
a Site and Facility Lease, a Lease Agreement, an Escrow Deposit and Trust Agreement,
a Purchase Contract and a Continuing Disclosure Agreement in connection with the
issuance of not to exceed $30,000,000 aggregate original principal amount of Anaheim
Public Financing Authority Lease Revenue Bonds (Anaheim Convention Center Project)
2002 Series A to refinance costs of certain improvements to the Anaheim Convention
Center, approving the distribution of a preliminary official statement in connection with
the offering and sale of said bonds and authorizing the execution of necessary
documents and certificated and related actions.
Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and
Kring. Noes - O. Motion carried.
- 179
C2.
,..',...........
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2002-04528
CATEGORICALLY EXEMPT - CLASS 3:
OWNER: Ofelia Sanchez, 1190 North Cherry Way
Anaheim, CA 92801
AGENT: Bettina Montes, 817 North Broadway, #C
Santa Ana, CA 92701
LOCATION: 1190 North Cherry Wav. Property is approximately O.18-acre with a
frontage of 67 feet on the east side of Cherry Way located 93 feet south of the centerline
of Romneya Drive.
Request to permit and retain an unpermitted granny unit in conjunction with an existing
single-family residence with waivers of a) minimum number of parking spaces, b)
minimum front yard setback and c) permitted encroachment into required yards
( deleted).
ACTION TAKEN BY THE PLANNING COMMISSION:
Waiver of Code Requirement denied (6 yes votes, Commissioner Boydstun absent).
Conditional Use Permit No. 2002-04528 denied (PC2002-59).
(Informational item at the Council meeting of May 14, 2002, Item B3. Planning
Commission's decision appealed by Owner, Ofelia Sanchez).
ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 11, 2002
PAGE 17
Zoning Division Manager, Greg Hastings, presented a staff report and said that the action was a
result of a complaint to Code Enforcement in April of 2001 pertaining to overcrowded living
conditions. When responding to the complaint, Code Enforcement found several unpermitted
structural modifications and evidence of six dwelling units on the property, he said, and Code
only allowed one unit. The property was zoned single-family and was developed with two
buildings and the main building in the front of the property appeared to be constructed in 1923
as a one-story, single-family residence and a detached workshop and a basement was also
constructed at the rear of the property and the date of the original structure was unknown, he
said. He said it was possible that a portion of the accessory structure could have been a garage
at one time since a garage door still existed on one of its walls. In 1977, he said, a building
permit was obtained and never finaled to add a second story to the main residence and the
addition was constructed and occupied and had since been illegally altered. Although many
alterations and additions had occurred in both buildings over the years, he said that the records
indicated that no other permits had been obtained for the alterations and additions. The current
property owner had purchased the property in its existing condition and in doing so, inherited
the illegal construction and unpermitted dwelling units, he explained. He stated that the owner
was asking Council to consider that the accessory building be converted to a 756 square-foot,
one-bedroom granny unit; that an unpermitted, undersized front-on garage attached to the front
of the main house that was set back only 6 ~ feet from the front property line be retained and
Code required that there be a 25-foot set back for the house and a 20-foot set back for the front-
on garage and the third request, he added, was for a parking waiver. He said Code required
five parking spaces, two of which must be a garage and five parking spaces existed and only
one was in the garage and the other four spaces were for a tandem in a long driveway in a side
yard. Code Enforcement had expressed concerns about the structural stability of the
modifications that had been made without benefit of building permits. He stated that the
Planning Commission had denied the applicanfs request on the basis that there was no
justification for the waivers and the granny unit would further increase the negative impact of the
waivers. Planning Commission was also concerned that the granny unit would occupy a
structure that had been substantially altered over the years with the benefit of building permits,
he noted, and staff agreed with the Planning Commission's denial. He added that if Council
denied the request, building permits would need to be issued to restore the property back to
Code conforming status. This would include restoring the rear building back into a non-
habitable, accessory workshop or alternatively, to demolish the building, he said. He said that
the unpermitted improvements, including the garage to the front of the house should be
removed to restore the Code-required, 25-foot front setback and the construction of a new two-
car garage was required by Code. If Council approved the applicant's request, building permits
would need to be issued for all of the unauthorized additions and alterations on the property,
including the front-on garage, if Council wished that to remain, he noted.
Council Member McCracken asked if the front-on garage was only big enough for one car and
Manager Hastings said that was correct and that it was a very large one-car garage and did not
meet the minimum requirements to a two-car garage.
Council Member McCracken stated that there was minimal landscaping in the front of the house
and Manager Hastings stated that since the garage was so close to the front sidewalk, as well
as the large side yard being used for parking spaces, there was a small amount of landscape
area which was placed in above ground planters.
Council Member Kring asked how many families lived in the structure and Manager Hastings
said that at the time the Code Enforcement Officer originally inspected the property there were
six families. He added that the Planning Division could not restrict the number of families living
........
ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 11, 2002
PAGE 18
in the home but could restrict the number of units and since it was zoned single-family, there
was allowed to be one single-family residence. If approved by Council, he said, there could be
a conditional use permit for a second unit, which would be age-restricted for a granny unit.
Executive Director of Planning and Community Development, Joel Fick, said a one-family
dwelling was what was actually permitted on site. When Code Enforcement was out there, he
said, the structure had the appearance, through unpermitted modifications of accommodating
six dwelling units.
Mayor Daly opened the public hearing.
Bettina Montes said she was the selling agent for the property and that there were two
buildings, one of which was the front unit, which was a single-family residence with a front, two-
car garage with 320 square-feet. She said that the Building Division did not believe that the
garage that was in the front unit had permits. She said that the property was built in 1923 and
there were no records of even how many bedrooms and bathrooms there were. She said she
found out from Assessor's Office records and she offered to submit a copy to the Council. She
said she was able to find a previous owner of many years ago and she had confirmed that the
house had a front garage and she was the one that had gotten all of the permits and her name
was Virginia Goodwill and her number was shown in all of the permits. When she purchased
the property it was only one unit, a single-family residence, with an attached front garage for two
cars and that was how she had purchased it. Ms. Goodwill had also informed Ms. Montes that
there was an apartment on the second floor with a kitchen, living room and a bedroom and there
were permits obtained and they had been placed at the back and side of the dwelling. Ms.
Montes said that the permits that were posted were to be provided to her in a couple of days.
She said that a form she had received from the Assessor's Office was showing the same permit
number that was requested and approved by Building in July of 1977. She said that the permit
number was 58778 and it explained the type of floor plan that she had for the property and it
also showed the property as a single-family residence, two-story; one-story, 1 ~ 50 square-feet
on the first floor and 800 square feet on the second floor. She explained that on the first floor
there was a living room, den and one-bedroom as well as the kitchen. On the second floor,
there was another living room, two bedrooms and another kitchen, she said. She said she had
noticed that someone had been initialing for the electrical and mechanical permits and she
asked if the inspector still worked for the City and she said that the person could not remember
the floor plan and that it was special. She noted that on the paperwork she had submitted to the
Council, it showed the type of garage that had been attached. She had obtained more
information from the County Assessor and it explained how many bedrooms the property had
and it showed the first and second floors. She said that when the conditional use permit was
applied for, she was told that the garage must be kept. She spoke about an appraiser that she
had worked with and he had said he believed that there were not any permits and he did not
find any.
In response to Council Member Feldhaus, Director Fick stated that the Planning Commission
had seen the form that Ms. Montes was referring to. He mentioned that if the garage did exist
1923, it would be existing and non-conforming if it had not been modified, and evidence existed
somewhere to that effect. The permit that had been entered into evidence, he-said, was only for
the planned, two-story room addition, and it was just fora one-room addition and not all of the
construction that existed on the side.
Ms. Montes said she had spoken to Ms. Goodwill and that she had the property with a little
apartment and that she was looking for all the paperwork. Ms. Montes asked to postpone the
.....""""""
ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 11, 2002
PAGE 19
hearing so that she could bring Ms. Goodwill over since she was willing to do so and she
confirmed with Ms. Montes that the garage had been built in 1923. Mr. Sanchez was the
current owner and Ms. Goodwill was one of the three previous owners and then there was a
probate sale and no records on it. She said that Ms. Goodwill made a lot of changes to the
property and there was the record of all the permits. Ms. Goodwill still had the same phone
number and Ms. Montes had explained the situation of her client and Ms. Goodwill stated that
the house was a single-family residence and she did not know anything about the unpermitted
back unit and she knew that there was a front attached garage.
Council Member Tait asked when Ms. Goodwill owned the property, and Ms. Montes stated it
was before 1977. Ms. Montes said Ms. Goodwill had gotten all of the permits and had gotten a
permit for the stairs. Ms. Goodwill told Ms. Montes that she had already found some of the
permits. Ms. Montes stated that the property profile showed an attached garage.
Council Member Kring said the property profile did not isolate if it was permitted or not, it just
isolated that it was there. She asked about the room addition and Director Fick stated that there
was a separate drawing that accompanied the building permit and on the drawing it was for a
one-room addition. He said that this particular permit had never requested inspections and
never was final even in the 1977 state. Director Fick suggested that if there was outstanding
evidence that had not been seen and reviewed by staff and had not been submitted from people
in the community that were interested in participating, he asked that Council consider continuing
the public hearing so that the information could be gathered and reviewed by staff.
Council Member Feldhaus asked if there was the capability of researching and finding the
permit and Ms. Montes said she had found the previous owner who had found the paperwork
and according to her, the house had an attached garage.
Council Member Kring agreed with Director Fick that if Ms. Montes could produce more
information it would be better to continue the hearing.
Council Member Tait asked David Merical, appraiser, since he had inspected the property, if he
had any indication of when the house was built. Mr. Merical said that based on his experience,
the quality of construction and the workman like manner in which the house was made, it
appeared to him as if it was made in the 1920's and that included all of it, the lower portion of it
and the front structure which was the garage. He said it was typically not a box garage from the
1940's, 1950's or 1960's and it was odd and was 16-feet 8-inches and about 19-feet 10-inches.
He said that led him to believe that it was built that long ago since people did things very
individually back then and also the type of construction used, the joist and joining to the original
structure and it all looked like it was made in the same era. He said that there was a lot of
redwood being used and then redwood got very expensive and protected and he said if he went
down under the crawl space areas or up in the attic it was actual redwood and termites never
attack it.
Council Member McCracken mentioned a basement and a garage without any minimum
structural supports and Mr. Merical said he had been careful in his appraiser report to give any
credence to things of that matter and it was just the front house and front garage. Council
Member McCracken said that the house buildings had other problems and Mr. Merical said that
they did and that they were non-conforming.
Director Fick noted that in researching the project, staff looked at aerial photographs from 1963
and 1964 and there was no evidence of the garage. The photographs were difficult to read and
-
..,.., _._,~ .___.l-~...............__.____
ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 11, 2002
PAGE 20
it did not look like the garage existed at that point, he said. From the construction in the
neighborhood, it would have been unusual in the 1920's for an attached garage to be built to
this type of structure and it was not impossible but highly unusual, he added.
Mr. Merical said he agreed with Director Fick and that because of the unique and individual
nature of things being built in that time frame he would say that it was, based on what he had
observed.
Ofelia Sanchez said that the main thing was that they needed to bring proof that the garage was
built in 1923 and it was obvious that the property needed a lot of remodeling and she said she
was willing to do that.
Ron Eastman 330 South Illinois Street, said that he was present to support the Planning
Commission's clear statement to uphold the Municipal Code on the property. He said that being
a property owner in the City he would be against the change in his neighborhood.
Carlos Sanchez spoke and was interpreted by Ofelia Sanchez who said he lived at the subject
property and that he was willing to resolve the situation and take whatever decision the Council
made. He asked for names of how they came up with six families living there and he had four
children and numerous family members living there and there was no way that six families could
live there.
Council Member McCracken asked Ms" Montes about when she sold the property and the four
kitchens. She said that Mr. Sanchez said that there were not six families but there were four
kitchens.
Ms. Montes said that when the property was sold there was a workshop there and a lot of the
belongings of Mr. Armez and was like storage. She said she did not even know that there was
a kitchen and she had seen a kitchen on the second floor and kitchen on the first floor of the
front unit. She noticed that there was something on the attic on the second, unpermitted unit,
there was a kitchen and there was a lot of stuff that was being kept there. She said she did not
ask the owner why the storage of items was there and she said that maybe they had just not
removed all the items.
Director Fick clarified that when staff first went out to the property it was the appearance of how
many dwelling units were on the property. When staff first inspected the site, there were six
kitchens, he noted, within the property and they had since been modified and there were now
four. He said if there was forthcoming evidence that the applicant was unable to present he
suggested that staff be permitted to meet with them, obtain information and report back to
Council when the applicant has the information.
Mayor Daly closed the public hearing.
Council Member McCracken asked that staff work with the applicants regarding the property.
She expressed her concern about a minimal support to a building with a pole in the middle
holding it up and it was dangerous. She was concerned about having people live in it and there
were many safety issues. She asked Director Fick if Planning Department would be helping the
applicants through the process of whether it would have to be changed to legitimate units
according to the Building Code.
"',*,. ~' '........~._..._. -"-~~--'-',",._-..,.'.'-"
ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 11, 2002
PAGE 21
Director Fick said that a paramount concern to staff was health and safety issues and if they
really were unsafe structural or electrical issues it could become a very dangerous situation for
families living there, especially in an overcrowded situation. The Planning Department offered,
with the owner's permission, to send out a building inspector to the site if that would be of
assistance, he added.
Council Member Kring noted that in one of the kitchens, all of the appliances had all been
removed and there were two pictures of the same kitchen and she counted three kitchens and
added that the owners were making progress.
Director Fick said that there were additional kitchens not depicted in pictures submitted to
Council for the hearing.
Mayor Daly noted that the photograph showed six trash receptacles in the street in front of the
house and he asked if the conditional use permit was just for the granny unit or was it the
granny unit plus other structures that tie into the single-family home.
Director Fick said that technically, the conditional use permit was just for the granny unit but in
addressing all of the issues on site, there were some associated variances because of the
setbacks for the garage and other facilities.
Mayor Daly asked if Council denied the request of the granny unit as the Planning Commission
did, there would be nothing to prevent staff from working with the applicant work out some of the
other issues. He said that people needed permits for granny units, regardless of other issues
involving kitchens in other parts of the home and then the unit must be built according to Code.
Mayor Daly said there may be some confusion about past permits and how many families lived
in the house, but that the granny unit was either approved or not and that it was a separate,
detached, free-standing unit. If there were other Code issues on the property, were those
outside the perimeters of the hearing, he asked.
City Attorney, Jack White, stated that the issues were somewhat interrelated in that one of the
issues was whether or not the garage was a legal, non-conforming structure, which depended
upon when it was built. The applicant claimed that the structure was built in 1923 and staff did
not have any evidence that it was built that far back and believed that it was built somewhere
between 1963 and 1979 and it made a difference as to whether or not it could remain as a legal
structure on the property. If it were built as far back as 1923, it would predate the Zoning Code
relating to the setback. He said that the State law that related to approving granny units
provided that granny units were permitted conditional uses if they met all of the underlying
zoning requirements. Then it became relevant to determine whether or not the granny unit was
built on property that had illegal structures on it and to that extent, they really were somewhat
related.
Director Fick pointed out that potential jurisdiction beyond the Council granting the variances
and conditional use permits, aside from the setbacks that mayor may not be granted by Council
needed to conform with all applicable State Uniform Building Codes and Fire Codes unless it
could be demonstrated that the structure was a non-conforming structure that pre-dated the
Codes.
Council Member McCracken asked about the granny unit and exactly what it was and if it was
the workshop with the loft or the garage with a basement in it. She asked if they would have to
take the units down and build a granny unit to Code. Director Fick stated that they were not
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ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 11,2002
PAGE 22
taking the unit down and it was a separate, detached unit that existed and staff had concerns
about its structural integrity and it was a prior workshop.
Council Member McCracken noted that the workshop with the basement, which from the
pictures, may have had some questions about being structurally sound. She asked if the
granny unit was approved, would it have to be brought up to Code and Director Fick said that
under any circumstances, if it were approved by Council, it would still need to obtain building
permits and conform with applicable codes.
City Attorney White suggested that the item be continued to the July 23rd Council meeting to
allow the applicant five to six weeks to find the building permits back to 1923 that the applicant
believed that they could locate to clarify issues. That would also provide staff an opportunity to
meet with the property owner and narrow the issues.
Director Fick concurred with the City Attorney and if there were permits, the issues would go in
a different direction than they had. He requested, with permission of the applicant, that a
building inspector be arranged to go on site and inspect the structure. It was noted that a
representative of the applicant agreed.
Council Member Tait moved, seconded by Council Member McCracken, to continue the public
hearing to July 23, 2002. Motion carried unanimously.
Report on Closed Session Actions: None.
Council Communications:
Council Member Kring directed City Manager to contact other cities in Orange County relating to
business licenses.
Council Member Feldhaus reported on the Flag Day ceremony held on June 9, 2002. He
announced that there would be an ice cream social and patriotic concert on June 29, 2002, at
7:00 P.M., at the Church of Jesus Christ Latter Day Saints, located at 441 S. Fairmont
Boulevard.
Adjournment:
There being no further business to come before the City Council, Mayor Daly adjourned the
meeting at 8:01 P.M.
Respectfully submitted:
~~
Sheryll Schroeder, CMC/AAE
City Clerk
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