2005/01/11ANAHEIM, CALIFORNIA -CITY COUNCIL
REGULAR MEETING
JANUARY 11, 2005
The City Council of the City of Anaheim met in regular session at 3:06 P.M. in the Council
Chambers of Anaheim City Hall, 200 South Anaheim Boulevard.
PRESENT: Mayor Curt Pringle, Council Members: Richard Chavez, Bob Hernandez, Lorri
Galloway and Harry Sidhu
STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, and City Clerk
Sheryll Schroeder
A copy of the agenda for the meeting of the Anaheim City Council was posted on January 7,
2005 at the City Hall outside bulletin board.
At 3:07 P.M., Mayor Pringle recessed to closed session for the following items:
CLOSED SESSION:
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (a)
of Section 54956.9 of the Government Code).
Name of Case: City of Anaheim v. State of California (CalTrans), Orange County
Superior Court Case No. 03CC13152.
2. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (a)
of Section 54956.9 of the Government Code).
Name of Case: City of Anaheim v. Angels Baseball, LP, et al., Orange County
Superior Court Case No. 0500001902.
3. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: Dave Hill
Employee organization: International Brotherhood of Electrical Workers, Local
Union 47; Anaheim Municipal Employees Association, General/Clerical Employees;
and non-represented management/confidential employees.
At 5:26 P.M., Mayor Pringle reconvened the Council meeting.
INVOCATION: Captain James Lloyd, Salvation Army Church
FLAG SALUTE: Council Member Sidhu
PRESENTATIONS:
Declarations recognizing long term retirees from the City of Anaheim.
ANAHEIM CITY COUNCIL MEETING MINUTES
January 11, 2005
Page 2
Dave Hill, Human Resources Director, introduced six members of the Anaheim staff with
years of service ranging from 26 to 44 years, who had retired in 2004.
Presentation of Awards from the National Purchasing Institute and the Municipal
Information Systems Association of California.
Finance Director Bill Sweeney announced the Purchasing Division had received their 2nd
Achievement of Excellence of Procurement Award, receiving national recognition. In
addition, the Information Systems Division received the 2004 Award for Excellence in
Information Technology Practices for demonstrating innovations, efficiencies and high ethical
standards.
Mayor Pringle introduced Tim Gage representing the California Independent Systems
Operators (CISO) board. He thanked Council and staff for lending Marcie Edwards for the
position of Interim Chief Executive Officer of ISO and commended Marcie for her
contributions during a challenging summer keeping the California power grid operating with
skill and balance, and earning the respect and appreciation of her colleagues and Governor
Schwarzenegger. On behalf of the Council, Mayor Pringle welcomed back Ms. Edwards.
At 5:41 P.M., Mayor Pringle recessed the Council session to call to order the Redevelopment
Agency, and reconvened the Council meeting at 5:55 P.M.
ADDITIONS/DELETIONS TO THE AGENDA: Staff requested Item 23 be continued to
February 8, 2005 and that Public Hearing Items 40 and 41 be continued to January 25, 2005.
PUBLIC COMMENTS:
James Robert Reade donated $1000 to the Eli Children's Home in the name of Sgt. Flores of
the Anaheim Police Department.
Dr. John Baird, Anaheim's representative to the Orange County Vector Control Board,
provided an update on the Board's activities relating to West Nile Virus and the red fire ants
infestation.
Michael Walker announced Heritage Family Fellowship along with the Orange County
Rescue Mission was sponsoring a health mobile clinic on the third Monday of each month
from 6:00 to 8:00 p.m. offering free medical service to the community. He also made known
that the Fellowship sponsored a movie matinee once per month free of charge to the
community.
William Fitzgerald, Anaheim Home, directed comments to Council.
CONSENT CALENDAR:
Mayor Pringle removed Items 9, 10 and 12 for separate discussion and Council Member
Sidhu removed Item 16. Item 23, as previously mentioned, would be continued to the first
meeting in February, 2005.
Council Member Hernandez moved approval of Consent Calendar Items 4- 39, seconded by
Council Member Chavez to waive reading in full of all ordinances and resolutions and to
ANAHEIM CITY COUNCIL MEETING MINUTES
January 11, 2005
Page 3
approve the following in accordance with the reports, certifications and recommendations
furnished each Council Member and as listed on the Consent Calendar. Roll Call vote: Ayes
- 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez, and Sidhu. Noes - 0.
Motion carried.
4. Receive and file the Monthly Financial Analysis presented by the Finance Director for
D128 two months ended August 31, 2004; minutes of the Public Utilities Board meeting
6105 held November 4, 2004; minutes of the Public Library Board meeting held November
8, 2004; Notice of Filing received by City of Riverside and City of Banning; and Notice
of Filing of Application for Increase in Electric Rates received by Southern California
Edison.
5. Accept the low bid of Harley-Davidson, in the amount of $466,752 (plus tax), for the
D180 purchase of twenty-two Harley-Davidson police motorcycles with optional buy-back
agreements in accordance with Bid #6546, authorize the purchase of two additional
motorcycles at the same price, terms and conditions, and increase the Fleet Services
Fiscal Year 2004-2005 expenditure appropriation by $261,384.
6. Accept the low bid of Program Management International, in an amount not to exceed
D180 $61,072 (plus tax), for the purchase of uniforms for the Convention Center for a
period of one year with three one-year options to renew and authorize the Purchasing
Agent to exercise renewal options in accordance with Bid #6569.
7. Waive the sealed bid requirements of Council Policy No. 306 and ratify the issuance
2882 a purchase order to Fujitec America, Inc., in an amount not to exceed $45,000, for the
repair of elevators/escalators at the Convention Center.
8. Waive the sealed bidding requirement of Council Policy No. 306 and authorize the
D180 Purchasing Agent to issue a blanket purchase order to ProForce Law Enforcement, in
an amount not to exceed $190,000, for a period of one year for tasers and
accompanying equipment for the Police Department.
11. Approve Amendment No 1. to the Administering Agency-State Agreement for Federal
3212 Aid Projects No. 12-5055, Program Supplement No. M118, for the Gene Autry Way
(West) Highway and Interchange Projects.
13. Approve Amendment No. 8 to Cooperative Agreement No. C-95-965 with Orange
1363 County Transportation Authority to revise current projects.
14. Approve and ratify the Stipulation For Entry of Judgment in Condemnation for the
P121 property located at 1959 East Lincoln Avenue and authorize the final settlement
payment of $101,068 to the owners, Joseph L Johnson, Trustee of the Johnson Trust
and Lorraine A. Tugend, Trustee of the Lorraine A. Tugend Trust; and authorize the
settlement payment of $50,000 to the tenants, Consumerhealth, Inc., a California
Corporation, dba Newport Dental for the Lincoln Avenue/State College Boulevard
Intersection Improvement project.
15. Approve revised Exhibit A of the Inter-Agency Transfer Agreement with Southern
1487 California Regional Rail Authority to provide reimbursement for Metrolink Rail Feeder
ANAHEIM CITY COUNCIL MEETING MINUTES
January 11, 2005
Page 4
service to employees of the downtown area for transportation to and from the Canyon
Metrolink Station.
17. Approve the agreement with Overland, Pacific & Cutler, Inc. for the Gene Autry Way
3373 {West) projects.
18. Approve the donation of two retired Crown Victoria Police interceptor automobiles to
D160 the Fullerton College Police Academy.
19. Approve the 2005 Legislative Program and the General Legislative Policy
D116 Statements.
20. Approve an agreement with North Orange County Regional Occupational Program to
2839 provide youth development services under the Workforce Investment Act.
21. Approve and authorize the Chief of Police to execute the Fullerton Municipal Airport
3376 FBO Lease with the City of Fullerton for the operation of the Anaheim Police
Department's heliport.
22. Approve and authorize the City Manager to execute Amendment No. 2 to the
2840 Workforce Investment Act Vendor Agreement with Mohammad Qamarudin for the
provision of occupational skills training services.
23. Approve a Memorandum of Understanding with the Orange County Water District to
3377 enter into a partnership and begin planning the development of recreational
improvements at Burris Pit.
This item continued to February 8, 2005.
24. Approve the Fifth Amendment to the agreement with the Anaheim/Orange County
2990 Visitor and Convention Bureau which defines the process for payment.
25. Increase the Fire Department's revenues and expenditures for Fiscal Year 2004-2005
D129 budget by $1,500 to reflect the donation from Sa-Rang Community Church of
Southern California to be used for the Fire Department's Radio Amateur Civil
Emergency Service Program.
26. Approve an agreement with Pictometry International Corporation, at a total cost not to
3378 exceed $176,189, to provide aerial photographic images of the City for seven years
(FY 200412005 - 2010/2011 }.
27. Approve a Service Enhancement Request with Electronic Data Systems Corporation,
3379 in an amount not to exceed $1,080,653 {excluding taxes), to provide professional
services needed to integrate the Utilities Synergen Work Management System and
the City's new Financial and Payroll/Human Resource System, Geographic
Information System and Outage Management System.
ANAHEIM CITY COUNCIL MEETING MINUTES
January 11, 2005
Page 5
2$. RESOLUTION NO.. 2005-01 RESOLUTION OF THE CITY COUNCIL OF
F130 THE CITY OF ANAHEIM declaring its intention to adopt the Fourth Amended and
Restated Franchise Agreement with Taormina Industries, LLC. for the collection,
handling, processing, recycling, transportation and disposal of solid waste within the
City limits of the City of Anaheim.
Public hearing scheduled February S, 2005.
29. RESOLUTION NO.: 2005-02 RESOLUTION OF THE CITY COUNCIL OF
D175 THE CITY OF ANAHEIM approving the submittal of the Orange County
Transportation Authority (OCTA} of an application for funding of seventy-three
improvement projects under the Combined Transportation Funding Program.
30. RESOLUTION NO.: 2005-03 RESOLUTION OF THE CITY COUNCIL OF
D160 THE CITY OF ANAHEIM authorizing the Chief of Pvlice to file an application, on
behalf of the City of Anaheim, with the State of California, Office of Traffic Safety to
participate in the 2005 DUI Outreach Grant Program, authorizing the Chief to execute
all required grant documents, and, if awarded, authorizing the acceptance of such
grant on behalf of the City and amending the budget for the fiscal year in which the
grant funds are received accordingly.
31. ORDINANCE N0. 5953 (ADOPTION) AN ORDINANCE OF THE
1463 CITY OF ANAHEIM (i}approving Amendment No.1 to the First Amended and
Restated Development Agreement No. 99-01 by and between the City of Anaheim
and Anaheim GW LLC, as successor-interest to Excel Pointe Anaheim, LLC, (ii}
making certain findings related thereto, and (iii} authorizing the Mayor to execute said
agreement for an on behalf of the City (Introduced at the Council meeting of
December 14, 2004, Item No. 70).
32, Waive Council Policy No. 401 and approve an agreement for appraisal services with
3385 Metropolitan Appraisal Company, in an amount not to exceed $100,000, for the Gene
Autry Way (West) Projects.
33. Approve minutes of the Council meetings held November 16, 2004, December 7,
2004 and December 14, 2004.
END OF CONSENT CALENDAR
9. Award the contract to the lowest responsible bidder, GKK Works, in the amount of
3370 $4,291,146, for the construction of the base bid and additive alternates 1 & 2 for the
Elva L. Haskett Branch Library and approve and authorize the Finance Director to
execute the Escrow Agreement pertaining to contract retentions.
10. Award the contract to the lowest responsible bidder, FS Construction, in the amount
3371 of $121,873.50, for landscape improvements for Anaheim Boulevard from Cerritos
Avenue to south of Cerritos and the South Anaheim Boulevard SCE Easement
frontage and approve and authorize the Finance Director to execute the Escrow
Agreement pertaining to contract retentions.
ANAHEIM CITY COUNCIL MEETING MINUTES
January 11, 2005
Page 6
plans for the West Anaheim Youth Center/Police Station project.
Mayor Pringle requested Items 9, 10 and 12 be removed from the consent calendar to
emphasize the City's continued commitment in the West Anaheim area. City Manager Dave
Morgan noted that the completed projects now included a gymnasium, a project that was
talked about for years and was now being implemented. Mayor Pringle stated all three of the
items were significant, and staff had worked hard to ensure they met budget particularly
when the early bids came in high..
The Mayor also pointed out that Anaheim Hills residents would be taking a careful look at
the gymnasium project in particular, as homeowners in the three Mello Roos Districts of
Anaheim Hills would receive ballots in May asking that a gymnasium be allowed for their
community. The Mayor wanted to ensure the ballot clearly identified the fact that no
residents would pay for the gymnasium as it would be constructed with City general funds.
Jack White, City Attorney, indicated that clear language to that effect would be drafted. Terry
Lowe, Director of Community Services, commented that a group of citizens had offered to
come forward and assist in support of that project plus a number of youth sports
organizations had pledged their support to educate neighbors on this issue.
Mayor Pringle moved to approve Items 9, 10, and 12, seconded by Council Member Sidhu.
Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez
and Sidhu. Noes - 0. Motion Carried.
16. Approve the agreement with Joseph C. Truxaw & Associates, Inc., in an amount not
3372 to exceed $200,000 annually, for plan checking services.
City Manager Dave Morgan indicated this was a recommendation to approve an agreement
for plan checking services for the Department of Public Works. Gary Johnson, Director of
Public Works/City Engineer indicated his department routinely used consultants for plan
checking services instead of staffing for peaks, thereby, providing the highest level of service
for development of the community. Council Member Sidhu requested the criteria for which
these services were selected. Mr. Johnson indicated the plan-checking services were
selected on the basis of fee, merit and past experience. Natalie Meeks of the Public Works
Department indicated a Request for Proposal (RFP) was sent to five different firms, the
proposals were received and department staff interviewed two of the firms based on their
qualifications detailed in the RFP. Truxaw & Associates, Inc. she indicated, was a small local
firm that had worked with the City for many years and had shown integrity in both the plans
they prepared and their working relationship with the City. Council Member Sidhu requested
information related to all bidders be included. Council Member Sidhu moved to approve Item
16, seconded by Council Member Hernandez. Roll Call vote: Ayes - 5; Mayor Pringle,
Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - 0. Motion Carried.
34. Consider appointing two members to the Budget Advisory Commission to complete
B105 the unexpired terms of Ralph Price, term to expire June 30, 2005 and Harry Sidhu,
term to expire June 30, 2008.
Mayor Pringle nominated Jeffrey McNutt for the first appointment. No other nominees were
offered and Council unanimously appointed Mr. McNutt.
ANAHEIM CITY COUNCIL MEETING MINUTES
January 11, 2005
Page 7
Mayor Pringle nominated Jeffrey McNutt for the first appointment. No other nominees were
offered and Council unanimously appointed Mr. McNutt.
Council Member Sidhu offered the name of Arjan Sachdev as his replacement on the Budget
Advisory Committee. No other nominations were offered and Council unanimously
appointed Mr. Sachdev.
APPOINTMENT: Jeffrey McNutt (June 30, 2005) (Ralph Price)
APPOINTMENT: Arian Sachdev (June 30, 2008) (Harry Sidhu)
35. Consider appointing a member to serve on the Housing and Community
B105 Development Commission, representing the South Neighborhood Council, term to
expire June 30, 2006.
Mayor Pringle nominated Margaret Patino to serve on the Housing and Community
Development Commission. No other nominees were offered and Ms. Patino was
unanimously appointed by Council.
APPOINTMENT: Margaret Patino
36. Consider appointing a Council Member to the Southern California Association of
B105 Governments (SCAG).
Mayor Pringle offered Council Member Chavez for the appointment. With no other
nominations offered, Council Member Chavez was unanimously reappointed.
APPOINTMENT: Richard Chavez
(currently held by Council Member Chavez)
37. Consider appointing a member to complete the unexpired term of Mary Ruth Pinson
B105 to the Cultural and Heritage Commission, term to expire June 30, 2008.
APPOINTMENT:
With no objection from Council, Item 37 was continued to January 25, 2005.
38. Consider appointing a member to the Sesquicentennial Commission, replacement for
B105 Lorri Galloway.
Council Member Galloway nominated Bernard Karcher to the Sesquicentennial Commission.
With no other nominations offered, Council unanimously appointed Mr. Karcher.
APPOINTMENT: Bernard Karcher
ANAHEIM CITY COUNCIL MEETING MINUTES
January 11, 2005
Page 8
39. Consider appointing a member to the Planning Commission, replacement
B105 appointment for James Vanderbilt-Linares, term to expire June 30, 2005.
Council Member Galloway nominated Ed Perez to the Planning Commission indicating that
Mr. Perez would withdraw from the Budget Advisory Commission, if appointed. Council
Member Sidhu offered the name of Mohammad Helmy to the position. With no other
nominees offered, a straw vote was taken. Straw vote for Ed Perez reflected Ayes - 3;
Mayor Pringle, Council Members Chavez and Galloway and Noes - 2; Council Members:
Hernandez and Sidhu. The straw vote for Mohammad Helmy reflected Ayes - 2: Council
Members Hernandez and Sidhu; Noes - 2: Mayor Pringle and Council Member Galloway
and Abstention -1: Council Member Chavez. Mr. Perez appointed to the Planning
Commission.
APPOINTMENT: Edward Perez
PUBLIC HEARINGS:
40. Applicant requests continuance to January 25, 2005 Council Meeting.
C280 CONTINUED PUBLIC HEARING:
__
RECLASSIFICATION N0.2003.00109
VARIANCE N0.2004-04626
TENTATIVE TRACT I~AP N0.1 fi545
AND MITIGATED NEGATIVE DECLARATION;
OWNER: Red Curb Investments, P.O. Box 995, Torrance, CA 90508.
AGENT: Thomas Hartley, 29462 Thackery Drive, Laguna Niguel, CA 92677.
LOCATION: Property is approximately 53 acres, having a frontage of 190 feet at
the terminus of Avenida de Santiago, located 260 feet west of the centerline of
Pointe Premier.
Reclassification No. 2003-00109 -Request reclassification of the property from the T
(SC){Transition; Scenic Corridor Overlay), formerly the RS-A-43,000(SC}
(ResidentiallAgricultural; Scenic Corridor Overlay) zone to the RH-2(SC} (Single-
Family Hillside Residential; Scenic Corridor Overlay) and OS (SC} (Open Space;
Scenic Corridor Overlay) zones.
Variance No. 2004-04626 -Request waiver of required private street standards to
construct a private residential street without sidewalks or parkways.
Tentative Tract Map No. 16545 - Request to establish a 28-lot, 21-unit detached
single-family subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 2003-00109 granted (PC2004-113) (5 yes votes,
Commissioners Romero and Velasquez absent)
Variance No. 2004-04626 granted (PC2004-114),
Tentative Tract Map No. 16545 approved.
Mitigated Negative Declaration approved.
(Continued from the Council meeting of November 16, 2004, Item B4 and December
14, 2004, Item No. 64).
Continued to January 25, 2005
ANAHEIM CITY COUNCIL MEETING MINUTES
January 11, 2005
Page 9
C280 INTRODUCTION OF AN ORDINANCE FINALIZING RECLASSIFICATION NO.
2004-00135
AGENT: RHL Design Group, Inc., Maria McGrew, 2401 East Katella Avenue
LOCATION: 100 East Katella Avenue. Property is approximately 0.78-acre,
located at the southeast corner of the intersection of Katella Avenue and Haster
Street.
Specific Plan Amendment No. 6 To The Anaheim Resort Specific Plan No. 92-2
(SPN2004-00027) -Request to modify the Zoning and Development Standards to
permit the relocation of an existing service station facility with frontage on Harbor
Boulevard to a location not fronting on Harbor Boulevard and accessory
convenience markets with or without the sale of beer and wine for off-premises
consumption as an accessory use to service stations.
Reclassification No. 2004-00135 -Request reclassification of the subject property
from the SP92-2 (MHP) (The Anaheim Resort Specific Plan -Mobile Home Park)
overlay to the SP92-2 (The Anaheim Resort) Specific Plan, or less intense zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended City Council approval of Amendment No. 6 to the Anaheim
Resort Specific Plan No. 92-2 (PC2004-134) (7 yes votes).
Reclassification No. 2004-00135 granted (PC2004-133).
ORDINANCE NO.: (INTRODUCTION) AN ORDINANCE OF
THE CITY COUNCIL amending Chapter 18.116 of Title 18 of the Anaheim Municipal
Code (Amendment No. 6 to the Anaheim Resort Specific Plan No. 92-2).
ORDINANCE NO.: (INTRODUCTION) AN ORDINANCE OF THE
CITY COUNCIL amending the zoning map referred to in Title 18 of the Anaheim
Municipal Code relating to zoning (Reclassification No. 2004-00135).
Continued to January 25, 2005.
42. CONTINUED PUBLIC HEARING:
C250 VARIANCE NO. 2004-04609
AND NEGATIVE DECLARATION:
OWNER: Tri Tang, 7730 E. Autry Drive, Anaheim, CA 92808
AGENT: Andy Do, 12761 Western Avenue, Garden Grove, CA 92841
LOCATION: 391 South Peralta Hills Drive. Property is 2.85 acres located at the
southeast corner of Santa Ana Canyon Road and Peralta Hills Drive, having
frontages of 440 feet on the south side of Santa Ana Canyon Road and 273 feet on
the east side of Peralta Hills.
Waiver of (a) orientation of dwellings adjacent to arterial highways and (b) maximum
structural height to construct a new 2-story single-family residence with a roof deck
in the RS-HS-43,000 (SC) (Residential, Single-Family Hillside; Scenic Corridor
Overlay) Zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 2004-04609 approved, in part, approving waiver (a) and denying
waiver (b) (ZA2004-22).
Negative Declaration approved.
(Zoning Administrator decision appealed by Gary Tang).
(Continued from the Council meetings of September 14, 2004, Item B2, October 19,
2004, Item B2, and November 9, 2004, Item 64).
ANAHEIM CITY COUNCIL MEETING MINUTES
January 11, 2005
Page 10
MOTION: CEQA FINDING: NEGATIVE DECLARATION.
RESOLUTION NO.: 2005-04 RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2004-04609.
Sherri Vander Dussen, Planning Director, indicated that in September of last year Council
held a pubic hearing to consider the appeal of the Zoning Administrator's denial of a height
waiver to construct a 37 foot high, two-story home in the hills spanning 15,700 square feet.
She pointed out there was also a waiver approved to allow the house to orient toward Santa
Ana Canyon Road, but that had not been a subject of concern at the Council hearings.
Following testimony and discussions, Council continued the hearing and asked the applicant
to consider reducing the pad height of the home and to increase the setbacks between the
residences to the south and the east. Council also requested clarification on the amount of
the roof that exceeded the 25 foot maximum height.
Ms. Vander Dussen reported the applicant submitted revised plans indicating the south and
east setback distances had been increased 10 feet for a total setback of 40 feet to the south
property line and 51 feet to the east property line. In addition, the applicant also lowered the
proposed building pad three feet to a height of 346.5 feet above sea level. Ms. Vander
Dussen commented the revised plans also showed that the total area of the roof that
exceeded the 25 foot height limit was 12.7 percent pointing out the Code only allowed 10
percent of roof features to exceed height limits. She stated the applicant was still proposing
a residence measuring up to 37 feet high since only the pad elevation had been changed.
In a presentation to Council, Ms. Vander Dussen pointed out the site plan showed the height
of the dome above the garage at a height of 25 feet (reduced by 4.5 feet from the original
plan). She indicated the majority of the roof line was at a height of 25 feet and the main
dome in the center was at a height of 37 feet. She stated architectural projections were
allowed at 30 feet and enhancements could not by Code exceed 10 percent of entire roof
surface area. Ms. Vander Dussen also noted the proposed house would have a pad height
of 346.5 feet and the adjacent homes had pad heights ranging from 342 to 370 feet and that
the existing adjacent homes were located from 100 feet to 215 from the subject property with
the closest home located approximately 140 feet from the proposed residence. Ms. Vander
Dussen indicated that staff supported the waiver pertaining to the orientation of the house as
approved by the Zoning Administrator, but continued to believe that a 25 foot high residence
with architectural embellishments not exceeding Code requirements could be designed that
would be more similar to the majority of the homes on Peralta Hills Drive and the surrounding
neighborhood.
Council Member Sidhu inquired if any homes in Peralta Hills exceeded the 30 foot height
limit. Ms. Vander Dussen replied that no height waivers had been approved recently but staff
had researched history of height waivers in that area. Council Member Sidhu asked how
much the applicants had compromised since the September hearing and did the proposed
home obstruct the views of the homeowners in the back. Ms. Vander Dussen replied that the
setbacks had been increased as requested by Council last September and the applicants
had moved the home closer to Santa Ana Canyon Road to try to provide some additional
distance between the home and the adjoining residences. She pointed out that the applicant
ANAHEIM CITY COUNCIL MEETING MINUTES
January 11, 2005
Page 11
had some information that would give Council a better visualization of the how the proposed
home would impact views.
Mayor Pringle opened the public hearing.
John Erskine, 18101 Von Karmen, Suite 1800, Irvine, spoke on behalf of the applicant. He
explained the application of Gary Tang and Trinh Grant for the proposed custom home at
391 South Peralta Hills Drive had been before Council on one previous occasion, September
28, 2004 and had been continued several times. Since the September hearing, the
applicants and their architect worked hard to make revisions to the site and the home plans
as well as the exterior elevations for the property. Mr. Erskine recapped the revisions made
by the applicant previously identified by Ms. Vander Dussen relating to the reduced pad
height elevation and the increased setbacks.
The architectural embellishments, he stated, were five domes above the 25 foot roof line, but
the garage dome had been lowered to the 30 foot maximum and only two domes were now
above the maximum as measured from the approved elevation in 2004.
Aerial photographs depicted the two residences behind the property. Mr. Erskine indicated
the applicant proposed a 15,700 square foot home on 2.5 acres when approximately 5,000
square foot homes were allowed on one acre, which meant the size of the home would not
overwhelm the site. It was Mr. Erskine's assertion that no views would be impacted by the
Tang/Grant home due to the unique topographical nature of the site relative to the adjoining
properties and also due to the distances of the adjoining residential dwellings from the
applicant's proposed home. The second aerial photograph showed the distance from the
existing dwellings to the custom home. Mr. Erkkine pointed out there were dense groves of
tropical vegetation and atwo-story parking garage at the rear of the closest property so there
would not be much of a view blockage and at 391 Peralta Hills there was a stand of
eucalyptus trees so there would be no view blockage there. The third photograph showed
some of the other properties and vegetation and trees in the surrounding area. Mr. Erskine
noted a December 22nd letter from a certified arborist focused on the Chung residence with
fern pine and evergreen trees planted along the property line that would mature to heights of
30 to 50 feet which would provide a thick visual barrier to obscure any views.
Mr. Erskine ended his statement saying he believes there were more than adequate facts to
support a Council finding of special circumstances justifying approval of the requested height
variance and respectfully requested Council's support.
Council Member Chavez asked how far would the proposed home be from the property line
of the home in the middle. Ms. Vander Dussen indicated at the closest point it would be 40
feet but for the majority of the property line it would be more than 40 feet. Council Member
Chavez asked how far the property line would be to the largest dome and Mr. Erskine replied
his guestimate would be 225 feet or 2/3 to a full length of a football field.
Tracy Kaiser spoke on behalf of Susanna and Lee Chung who resided at 420 Peralta Hills
Drive. Ms. Kaiser pointed out that a 15,000 square foot home was possible in Peralta Hills
as long as the maximum height limit was not exceeded and felt this was not an issue of
special circumstances. She believed the homes in the immediate area surrounding the
project would be impacted; specifically, the 420 Peralta Hills home as it sits on a pad level of
370 feet. Ms. Kaiser felt that no hardship had been proven for the 391 Peralta Hills project,
ANAHEIM CITY COUNCIL MEETING MINUTES
January 11, 2005
Page 12
and that granting the height waiver would be setting precedent and have long-term adverse
impacts on the neighborhood. She also felt that by granting the height waiver, the applicant
would be gaining privileges that were available to other property owners. She pointed out
the Zoning Code was to keep the scenic corridor and preserve the uncongested scenic
qualities of the area and requested Council look at the issues of setting precedent as well as
long-term adverse impacts.
Council Member Sidhu discussed how much of the views were impacted by the proposed
home and felt that the only properties to be impacted would be on Aliso Lane.
Mr. Walker, retired civil engineer, spoke on behalf of the Chungs. He believed the large
dome, whether it was 225 feet away or closer, would obstruct the Chungs views as their
home sits on an elevation of 370 feet and the top of the center dome would be at 384 feet
blocking the snow-peaked mountain tops.
Patrick Petter, chairman of the Anaheim Hills Citizens Coalition and speaking on behalf of
the board of directors of the coalition, supported staff's recommendation that this appeal be
denied. He stated the homes in the neighborhood were built to the code of 25 feet plus the
allowance of the 10 percent and no case of hardship had been made.
Mike Sharu, was supportive of the proposed home but believed it should adhere to the Code
and the view be unobstructed.
Mayor Pringle closed the public hearing
John Erskine offered rebuttal comments. He stated there would be a hardship if the applicant
tried to move the structure or to build it on the lower lot closer to the freeway and closer to
Santa Ana Canyon. The unique topographical nature of the property was such that no
precedent would be set as the property owners would not be afforded the benefits other
properties had and that staff had made the requisite findings for the orientation of the building
based on the same Code requirements and those same findings could be made for the
height waiver. Mr. Erksine also mentioned that Trinh Grant had spoken to her neighbors
during the late summer and fall and had a petition signed in support of the request height
waiver by well over 20 Peralta Hills neighbors.
Mayor Pringle reopened the public hearing. Shirley Wormbacher objected to the height
waiver and recommended Council adhere to a Code which worked for everyone else.
Mayor Pringle then closed the public hearing. The applicant, Trinh Grant, emphasized her
belief that views would not be obstructed by the proposed home and pointed to an aerial
photograph which showed views compromised by trees, tennis courts and swimming pools
surrounding neighboring properties.
Council Member Sidhu stated this was a unique property and the applicants had cooperated
in dropping the elevation and the architecture would give new life to the entrance to Anaheim
Hills. He moved to approve the project incorporating findings set forth in paragraph 21A and
B of the staff report and as articulated by the Council Members, as well as the conditions set
forth in the staff report, seconded by Mayor Pringle.
ANAHEIM CITY COUNCIL MEETING MINUTES
January 11, 2005
Page 13
Council Member Hernandez also recognized the uniqueness of the property and believed
distance lends itself to diminished obstruction of views and was supportive of the project.
Council Member Chavez stated the applicants had worked hard with staff to modify the plans
to address some of the issues raised by the neighbors and was supportive of the project.
Council Member Galloway had viewed the properties and the homes that would be most
impacted. With the setbacks increased and the pad elevation lowered by the applicants, she
was also supportive of the project.
Mayor Pringle indicated the size and location of the site at the intersection of Santa Ana
Canyon Road and Peralta Hills reflected its uniqueness. He also stated there could have
been at least four homes built on this site within City Code and this project lessened the
intensification of land use. As well, he pointed out, there could have been atwo-story home
without any minimum back yard setback built at the 360 foot foundation level which could
have been a larger obstruction to the neighbors than the current proposal. The Mayor noted
that when Council reviewed this in September, part of the issue wasn't that the entire house
was over a height limit, but that there were four or five architectural features that went above
height requirement. Council then asked two things from the applicant, to move the house
forward away from the rear property lines as much as possible to limit any negative effect on
the neighbors and to drop the house as low as possible on the pad elevation and the
applicants accomplished this. With that said, Mayor Pringle believed findings had been
made to make this property unique and in doing so, did not establish a precedent in granting
a height waiver.
Mayor Pringle called for a vote for approving CEQA finding of Negative Declaration and
RESOLUTION 2005-04, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING VARIANCE NO. 2004-04609, City Attorney White added that the
Resolution will also incorporate the findings set forth in paragraph 21 A and B of the staff
report as articulated by the Council Members and the conditions that are in the staff report .
Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez
and Sidhu. Noes - 0. Motion Carried.
REPORT FROM CLOSED SESSION:
Jack White, City Attorney, reported City Council authorized the filing of an appeal from the
Superior Court judgment in Case No. OCSS 03CC13152.
COUNCIL COMMUNICATIONS:
Council Member Hernandez requested acost-benefit report relating to the hiring of at least
ten additional police officers. Mayor Pringle concurred and indicated the Chief of Police
would provide a personnel report during the mid-year budget workshop on January 25, 2005
to address such issues.
Council Member Galloway was made aware of an exemplary act of kindness and
compassion that would otherwise go unrecognized. She stated that Sgt. Kasey Geary was
successful in responding to a suicide call by an 8-year old girl and his follow-ups to the
incident were beyond the call of duty and reflected actions that could change the young girl's
life and exemplified the standards wanted in the Anaheim Police Department.
ANAHEIM CITY COUNCIL MEETING MINUTES
January 11, 2005
Page 14
Council Member Sidhu offered prayers for the Tsunami victims and condolences from the
City and staff and emphasized the need for donations, no matter the size.
Council Member Chavez remarked he would contact Southern California Edison relating to
the parking issues at Hermosa Village. He also provided information about a future 211
program to provide emergency assistance to families and the current InfoLink Program,
which provided assistance for social services issues. In addition, Council Member Chavez
indicated Council was unified in their litigation against the Anaheim Angels.
Mayor Pringle announced five individuals he appointed to the Annexation Taskforce to help
communicate a message of the value of annexation to the City; individuals named were:
Kathy Smith, Christine Viegas, Paul Sambrano, Rosa Arrondo and Myra Gomes. The Mayor
also indicated he would be naming his appointees to the West Anaheim Youth Taskforce and
the Heritage Room Taskforce in the near future.
Mayor Pringle also mentioned he was sworn in as a member of the Orange County
Transportation Authority board and that Council Member Gallaway would soon take her seat
on the Transportation Corridor Agency. He wanted to make sure residents knew of
Anaheim's commitment to impact what would happen on the 91 Freeway. He referenced
OCTA's investment study with alternative routes and additional lanes that would be bought
forward in the next month and a half at which time he would like to have a workshop for
Council to be briefed and the public to hear the alternatives.
Mayor Pringle also reported that Governor Schwarzenegger released the State budget this
week, and this was the first time a tough budget did not include cuts to local governments.
Lastly, Mayor Pringle addressed the lawsuit against the Anaheim Angels. He stated a prior
City Council had negotiated a contract in good faith to have the name of Anaheim be a
prominent and important identifier in the baseball team's name and that Council would
continue with the lawsuit to defend that that agreement.
ADJOURNMENT: There being no further business to come before the City Council, Mayor
Pringle adjourned the meeting at 7:40 P.M.
Respectfully submitted:
ham' n~~.~-`"~'r~`t.
Sheryll Sch~oroeder, MMC
City Clerk