2000/10/24 ANAHEIM, CALIFORNIA- CITY COUNCIL MEETING
OCTOBER 24, 2000
The City Council of the City of Anaheim met in regular session.
PRESENT: Mayor Tom Daly, Council Members: Frank Feldhaus, Lucille Kring, Tom Tait and
Shirley McCracken.
STAFF PRESENT: City Manager Jim Ruth, City Attorney Jack White, City Clerk Sheryll
Schroeder, Community Services Director Chris Jarvi, Community Development Director Elisa
Stipkovich, Community Development Project Manager Brent Schultz, Zoning Division Manager
Greg Hastings, Planning Director Joel Fick, Public Works Civil Engineer Natalie Meeks.
A copy of the agenda for the meeting of the Anaheim City Council was posted on October 20,
2000, at the City Hall inside and outside bulletin boards.
Mayor Daly called the regular meeting to order at 3:11 P.M. in the Council Chambers of the
Anaheim City Hall, 200 South Anaheim Boulevard.
ADDITIONS/DELETIONS TO CLOSED SESSION:
City Attorney Jack White requested a Closed Session noting first that there were no additions to
Closed Session items.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closes Session items.
Mayor Daly moved to recess to Closed Session, seconded by Council Member McCracken.
Motion carried unanimously. The Council recessed to Closed Session at 3:12 P.M.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: Vista Royale Homeowners Assn. v. 396 Investment Co. fka The
Fieldstone Company, et al., Orange County Superior Court Case No. 77-30-74
(and related cases).
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: Kord Group v. Fieldstone Company, et al., Orange County
Superior Court Case No. 76-32-58.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: Martinez, et al. v. City of Anaheim, et al., Orange County
Superior Court Case No. 81-53-71.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: City of Anaheim v. Cinderella Motel, Inc., et al., Orange County
Superior Court Case No. 78-28-29.
CITY OF ANAHEIM
CITY COUNCIL MINUTES
OCTOBER 24, 2000
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CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the
Government Code: one potential case.
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11.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Approximately 3 acres of property located at the southeast corner of
Harbor Boulevard and Lincoln Avenue, Anaheim, California.
Agency negotiator: Lisa Stipkovich
Negotiating parties: Anaheim Redevelopment Agency and Avalon Acquisition
Corp.
Under negotiation: price and terms
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 3.89 acres of property located at the southwest corner of the I-5
Freeway and Magnolia Avenue, 1211-A Magnolia Avenue, Anaheim, California
Agency negotiator: James D. Ruth
Negotiating parties: City of Anaheim and Delphi Automotive Systems, LLC
Under negotiation: price and terms
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Public rights-of-way located upon, and development agreement for,
approximately 77.6 acres of land owned or controlled by the Walt Disney World
Company and generally located south of Katella Avenue and east of Harbor
Boulevard, Anaheim, California.
Agency negotiator: James D. Ruth
Negotiating parties: City of Anaheim and Walt Disney World Company
Under negotiation: price and terms
ANNUAL EMPLOYEE PERFORMANCE EVALUATIONS
Titles: City Manager, City Attorney, City Clerk, City Treasurer
CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: David Hill
Employee organization: Anaheim Municipal Employees Association
CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: David Hill
Employee organization: International Brotherhood of Electrical Workers, Local
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12.
CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: David Hill
Employee organization: Anaheim Police Association
AFTER RECESS:
Mayor Daly called the regular Council meeting of October 24, 2000 to order at 5:45 P.M. and
welcomed those in attendance.
INVOCATION: Pastor Jimmy Gaston, Church of Christ.
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FLAG SALUTE: Council Member Tom Tait.
PROCLAMATIONS AND DECLARATIONS:
A presentation recognizing long term City Employees with 25, 30, 35 and 40 years of service
was given by Walt Jerz of Human Resources. Approximately twenty employees were in
attendance to accept the presentation.
Recognition to be presented at a later date was a Proclamation recognizing November
2000 as Influenza Prevention Month.
At 5:59 P.M., Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency, Anaheim Housing Authority, and Anaheim Public Financing Authority meetings.
Mayor Daly reconvened the City Council meeting at 6:05 P.M.
ADDITIONS/DELETIONS TO THE AGENDA: There were no additions or deletions to the
agenda.
PUBLIC COMMENTS:
Ronald Chandler, 812 Falcon Street, Anaheim, said that some residents may not be able to get
to the polls and vote due transportation problems. He said he worked for a taxi cab company
and asked if he could transport people to the polls and back between 7:00 a.m. to 8:00 p.m.
He asked the Code Enforcement Division if they could set aside the fact that South Coast Cab
was not licensed to operate in the City and let them transport the public, adding that no fares
would be charged.
City Manager Jim Ruth commented that he and the City Attorney had conferred on the issue
and as long as the taxi drivers did not charge a fee to transport the people to the polls, they did
not see it as a problem.
Mayor Daly stated that in terms of any follow-ups, Mr. Chandler should have this request
approved administratively through the City Manager's Office.
Dondi, 2102 Westport Drive, Anaheim, stated he was concerned and believed that there was no
pOliCy that helped people in affordable housing in Anaheim especially for senior citizens and
low-income families. He said it was time to look at the issue of single member districts for
council members.
Mayor Daly moved to waive reading in full of all ordinances and resolutions, seconded by
Council Member McCracken. Motion carried unanimously.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 -A16: On motion by Mayor
Daly, seconded by Council Member McCracken, the following items were approved in
accordance with the reports, certifications and recommendations furnished each Council
Member and as listed on the Consent Calendar, except item A3 withdrawn by Staff. Motion
carried unanimously.
A1.
Reject certain claims and certain application for leave to present late claim filed
against the City. Claim rejection list may be obtained from the City Clerk's Office.
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OCTOBER 24, 2000
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A2.
Receive and file minutes of the Anaheim Redevelopment and Housing
Commission meetings held September 6 and September 20, 2000; minutes of
the Public Utilities Board meeting held September 7, 2000; minutes of the
Anaheim Workforce Investment Board meeting held September 14, 2000;
Anaheim Police Department Crime and Clearance Analysis report for the month
of September, 2000; and the Investment Portfolio Report for the month of
September, 2000.
A3.
A4.
Adopt a Negative Declaration in conjunction with the Tustin Avenue Overcrossing
widening improvement at SR-91 Freeway and appurtenant works. In addition,
eastbound off-ramp and southbound side on Tustin Avenue for the eastbound
on-ramp will be widened to add one right-turn lane, respectively.
Approve and authorize the Mayor and City Clerk to execute the Fifth Amendment
to the Agreement with KFM Engineering, Inc., for the Katella Avenue Project, in
an amount not to exceed $75,000.
A5.
Award the contract to the lowest responsible bidder, Zarif Construction Company,
in the amount of $97,000 for John Marshall Park parking lot improvements, and
approve and authorize the Finance Director to execute the Escrow Agreement
(mandated by Section 22300 of the Public Contracting Code) pertaining to
contract retentions.
A6.
A7.
A8.
Approve and authorize the Mayor and City Clerk to execute the Right-of-Entry
Agreement for property located at 3818 East Coronado Street.
Approve the Final Map and Subdivision Agreement of Tract No. 16034 and
authorize the Mayor and City Clerk to execute same.
Accept the low bid of Consolidated Reprographics in a not to exceed amount of
$60,000 (including tax) for blueprinting services for the period of November 1,
2000, through October 31, 2001, with four one-year optional renewals, and
authorize the Purchasing Agent to exercise renewal options in accordance with
Bid #6072.
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A9.
A10.
All.
Accept the bid and authorize the execution of an Agreement with PowerLight
Corporation in the amount of $432,108 for the design and fabrication of three
photovoltaic (PV) systems in accordance with Bid ~6051, and authorize the
Public Utilities General Manager, on behalf of the City, to execute an Agreement
with the Anaheim Union High School District for the use of the Anaheim High
School roo~op for installation of the PV system.
Accept the bid and authorize the execution of an Agreement with Merchants
Building Maintenance for window cleaning services for the Convention Center in
an amount not to exceed $22,982 for one year with four one-year optional
renewals in accordance with Bid #6068, and authorize the Purchasing Agent to
execute the optional renewals.
Approve an Agreement with Rod O'Connor, owner of the historical house located
at 111 Martin Road, holding the owner harmless from liability while the City
evaluates possible relocation opportunities.
CITY OF ANAHEIM
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OCTOBER 24, 2000
PAGE 5
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A12.
Authorize an application to the Orange County Historical Commission for an
Orange County Historic Site Plaque for the Old Anaheim Public Library, approve
the Historical Plaque Program Property Owner Agreement, and authorize the
Mayor and City Clerk to execute the Agreement.
Mayor Daly asked Staff if they were comfortable with all the details of this item.
Community Services Director, Chris Jarvi, stated that they were comfortable with the
item, it was appropriate and would not create any problems for the City. The plaque
would be installed on the opposite side of the front entrance and would give the basic
history. He said it would be plaqued by the Orange County Historic Commission and
have the seal of the County.
A13.
Approve a Joint Trench Agreement with Adelphia Communication Corporation
(Adelphia) to permit joint trenching and to share construction cost for
Underground District No. 36-1 o Lincoln Avenue Phase 1.
A14.
Approve a Joint Trench Agreement with MCImetro Access Transmission
Services, LLC (MCI) to permit joint trenching and to share construction cost for
Underground District No. 36~1 - Lincoln Avenue Phase 1.
A15.
ORDINANCE NO. 5741 (INTRODUCTION) AN ORDINANCE OF THE CITY
OF ANAHEIM amending specified sections of Chapter 2.12 of Title 2 of the
Anaheim Municipal Code relating to Transient Occupancy Tax.
A16. Approve minutes of the Anaheim City Council meeting held September 19, 2000.
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END OF CONSENT CALENDAR
OFF CONSENT CALENDAR ITEMS:
A17. RESOLUTION NO. 2000R-227 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM approving the issuance of bonds by the Anaheim
Public Finance Authority, and approving the borrowing of bond proceeds by the
Anaheim Redevelopment Agency.
Mayor Daly offered Resolution No. 2000R-227 for approval.
Roll call vote: Ayes - 5. Motion carried.
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Items B1 throu.qh B3 From Zonin.cl Administrator Meeting of October 5, 2000: (No
action necessary unless Council desires to set a particular item for public hearing.)
APPEAL PERIOD ENDS OCTOBER 27, 2000:
B1.
ADMINISTRATIVE ADJUSTMENT NO. 2000-00200
AND CATEGORICAL EXEMPTION SECTION 15061(b)(3)
OWNER: Glen Nakamura, 705 North East Street, Anaheim, CA 92805
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B2.
B3.
LOCATION: 705 North East Street. Property is 0.16 acre located at the
northwest corner of East Street and Wilhilmina Street, having a frontage of 52
feet on the west side of East Street and 74 feet on the north side of Wilhilmina
Street.
Waiver of maximum fence height (3 feet high permitted; 5.5 feet high proposed)
to construct a 5.5 ft. high combination wrought iron and brick pilaster fence within
the required front yard setback of a single-family residence in the RS-7200
(Residential, Single-Family) Zone.
ACTION TAKEN BY ZONING ADMINISTRATOR:
Administrative Adjustment No. 2000-00200 approved (ZA DECISION NO. ZA
2000-36).
ADMINISTRATIVE ADJUSTMENT NO. 2000-00201
AND CATEGORICAL EXEMPTION SECTION 15061(b)(3)
OWNER: Long K. Winn, 939 S. Caplan Street, Anaheim, CA 92802
LOCATION: 939 South Caplan Street. Property is 0.17 acre having a frontage
of 72 feet on the west side of Caplan Street, a maximum depth of 107 feet, and
located 190 feet south of the centerline of Vermont Avenue.
Waiver of maximum fence height (3 feet high permitted; 6 feet high proposed) to
construct a 6-foot high combination wrought iron and block wall fence and
wrought iron gate within the required front yard setback of a single-family
residence in the RS-7200 (Residential, Single-Family) Zone.
ACTION TAKEN BY ZONING ADMINISTRATOR:
Administrative Adjustment No. 2000-00201 approved (ZA DECISION NO. ZA
2000-37).
VARIANCE NO. 2000-044'11 AND NEGATIVE DECLARATION
OWNER: North American AID, 2201 Seal Beach Blvd., Seal Beach, CA 90740
AGENT: Pacific Sunwear Of California, Inc., 5200 East La Palma Ave.,
Anaheim, CA 92807, ATTN: Carl Womack; Boeing North America Fitness Inc.,
c/o Boeing Realty Corp, G.O. Wiley, 4060 Lakewood Blvd., 6th Floor, Long
Beach, CA 90808-1700.
LOCATION: 3450 East Miraloma Avenue. Property is 19.21 acres having a
frontage of 655 feet on the east side of Miraloma Avenue, a maximum depth of
1,270 feet, and located 180 feet west of the centerline of Grove Street.
Waiver of required parking lot landscaping and maximum floor area ratio to
construct a 300,000 square foot single-story warehouse distribution building and
a 180,000 square foot three-story corporate office building.
ACTION TAKEN BY ZONING ADMINISTRATOR:
Administrative Adjustment No. 2000-00201 approved (ZA DECISION NO. ZA
2000-38).
End of Zoning Administrator Items
179
Items B4 throu.clh B9 From Planning Commission Meetin.q of October 9, 2000: (No
action necessary unless Council desires to set a particular item for public hearing.)
APPEAL PERIOD ENDS OCTOBER 31, 2000:
B4. WAIVER OF CODE REQUIREMENT
CITY OF ANAHEIM
CITY COUNCIL MINUTES
OCTOBER 24, 2000
PAGE 7
CONDITIONAL USE PERMIT NO. 3042 (CUP TRACKING NO. 2000-04251)
CATEGORICAL EXEMPTION-CLASS 1:
OWNER: The Roman Catholic Bishop of Orange, 5800 East Santa Ana Canyon
Road, Anaheim, CA 92807
AGENT: Andrade Architects, Attn: Stan Andrade, 24502 Del Prado Suite D-l,
Dana Point, CA 92629
LOCATION: 5800 East Santa Ana Canyon Road. Properly is 6.0 acres located
at the southwest corner of Santa Ana Canyon Road and Solomon Drive (San
Antonio Catholic Church).
To permit and construct a two-story religious education building in conjunction
with an existing church with waiver of (a) required parking lot landscaping and (b)
permitted roof-mounted equipment.
ACTION TAKEN BY PLANNING COMMISSION:
Waiver of Code Requirement approved in part (waiver a deleted) (4 yes votes,
Commissioner Vanderbilt voted no, Commissioner Napoles abstained, and
Commissioner Bostwick was absent).
CUP NO. 3042 approved in part (PC2000-114) (4 yes votes, Commissioner
Vanderbilt voted no, Commissioner Napoles abstained, and Commissioner
Bostwick was absent).
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B5.
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2000-04250
AND NEGATIVE DECLARATION
OWNER: State of California (Caltrans), Attn: Daniel J. Hing, 3347 Michelson
Drive, Suite 100, Irvine, CA 92612
AGENT: Hardin Honda, Attn: Dennis Hardin, 1381 Auto Center Drive, Anaheim,
CA 92806
LOCATION: Property is 0.11 acre and is a portion of the SRo57 (Orange)
Freeway right-of-way located at the southeast corner of Ball Road and the SR-57
northbound off-ramp.
To construct an employee parking lot for an existing automobile dealership with
waiver of (a) permitted encroachment into required yards and (b) parking lot
landscaping.
ACTION TAKEN BY PLANNING COMMISSION:
Waiver of Code Requirement approved in part.
CUP NO. 2000-04250 granted in part (PC2000-115) (6 yes votes, Commissioner
Bostwick absent).
Negative Declaration approved.
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B6.
CONDITIONAL USE PERMIT NO. 4035 (CUP TRACKING NO. 2000-04264)
AND NEGATIVE DECLARATION
OWNER: Alex Bahrami, 24895 Stonegate Lane, Laguna Niguel, CA 92677
AGENT: Bob Mickelson, 121 West Rose Avenue, Orange, CA 92867
LOCATION: 329-331 North State Colle.qe Boulevard. Property is 0.37 acre
located on the west side of State College Boulevard, 150 feet south of the
centerline of Redwood Avenue (Kris Kars).
To consider reinstatement of this permit which expired on August 18, 2000, to
retain an existing automobile sales lot with a maximum of five display vehicles.
ACTION TAKEN BY PLANNING COMMISSION:
CITY OF ANAHEIM
CITY COUNCIL MINUTES
OCTOBER 24, 2000
PAGE 8
Reinstatement of CUP NO. 4035 denied (PC2000-116) (5 yes votes,
Commissioner Boydstun voted no and Commissioner Bostwick was absent).
Negative Declaration previously approved.
Set for public hearing by Council Member Feldhaus and Council Member Kring. Public
hearing to be held December 5, 2000.
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B7.
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2000-04262
AND NEGATIVE DECLARATION
OWNER: The Realty Associates, Fund IV L.P., Attn: James O. Buckingham,
4100 Newport Place, Newport Beach, CA 92660
AGENT: TA Associates Realty, Attn: James O. Buckingham, 4100 Newport
Place Suite 830, Newport Beach, CA 92660
LOCATION: 2121 West Crescent Avenue, Unit B. Property is 3.4 acres located
at the northeast corner of Crescent Avenue and Valley Street.
To permit a church with waiver of minimum number of parking spaces.
ACTION TAKEN BY PLANNING COMMISSION:
Waiver of Code Requirement approved.
CUP NO. 2000-04262 granted for three years, to expire October 9, 2003
(PC2000-117) (6 yes votes, Commissioner Bostwick was absent).
Negative Declaration approved.
REPORT AND RECOMMENDATION ITEM:
B8.
ENVIRONMENTAL IMPACT REPORT NO. 322
CONDITIONAL USE PERMIT NO. 4034 (CUP TRACKING NO. 2000-04258)
Polygon Development, Attn: Bentley Kerr, 200 East Baker Street, #100, Costa
Mesa, CA 92626, requests a retroactive extension of time to comply with
conditions of approval for a previously-approved 982,000 square foot commercial
mixed-use center consisting of a 290,000 square foot, I O-story office building;
two, 180,000 square foot (each), 6-story office buildings; a 160,000 square foot,
4-story office building; a 5,000 square foot day care facility; a 7,000 square foot
restaurant building; a 200-room, 160,000 square foot hotel; a 3-level parking
structure; and a 4-level parking structure with waiver of minimum landscaped
setback adjacent to the interior property lines. This petition was originally
approved on August 17, '1998. Property is located at 1500 South Douglass Road
(proposed Arena Corporate Centre).
ACTION TAKEN BY PLANNING COMMISSION:
Approved retroactive extension of time for CUP NO. 4034, to expire February 17,
2001, (6 yes votes, Commissioner Bostwick absent).
EIR NO. 322 approved.
Mayor Daly asked if there was some type of activity to begin within the five-month period
of this approval and Planning Director Fick stated that time period was eighteen months
from the date of expiration. He explained that planning had a number of meetings with
people that were interested in that site and believed that the entitlements that exist and
environmental work that was done on the property was valid in terms of that
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CITY OF ANAHEIM
CITY COUNCIL MINUTES
OCTOBER 24, 2000
PAGE 9
consideration. Because of the eighteen-month period, the technical extension was until
2001, he noted.
ITEM B9 FROM THE PLANNING COMMISSION MEETING OF OCTOBER 23,
2000 - INFORMATION ONLY, APPEAL PERIOD ENDS NOVEMBER 2, 2000:
B9.
DETERMINATION OF CONFORMANCE WITH THE ANAHEIM GENERAL
PLAN -
GENERAL PLAN CONFORMITY NO. 2000-00008.
Lettie Boggs -Anaheim City School District, 1001 South East Street, Anaheim,
CA 92805, request to determine conformance with the Anaheim General Plan
for the proposed acquisition of real property for the expansion of Paul Revere
Elementary School. Property is located at 126, 132, 138, 144, and 150 West
Guinida Lane.
ACTION TAKEN BY PLANNING COMMISSION:
The Anaheim City School District's proposal to acquire real property located at
126, 132, 138, 144 and 150 W. Guinida Lane for the proposed expansion of
Revere Elementary School is in conformance with the Anaheim General Plan.
City Clerk, Sheryll Schroeder, clarified that the Planning Commission had heard this item
after the posting of the agenda and that it was in conformance with the Anaheim General
Plan.
End of Planning Commission Items
Item B10 From Zonin.cl Administrator Meetin.q of October 23, 2000:
(No action necessary).
B10.
CEQA EXEMPTION CLASS 4 - REQUEST TO MODIFY SPECIAL
CIRCUMSTANCES WAIVER NO. 2000-01 - TO PERMIT THE ISSUANCE OF
A SPECIAL EVENT PERMIT FOR A TIME PERIOD UNTIL FEBRUARY 28,
2001 TO ALLOW A TEMPORARY TENT AT THE ANAHEIM MARRIOTT
HOTEL TO BE USED FOR OUTDOOR CONFERENCES AND/OR
CONVENTION RELATED ACTIVITIES (700 West Convention Way): Doug
Watson, General Manager of the Anaheim Marriott hotel, 700 West Convention
Way, Anaheim, CA 92802-3483, request to modify Special Circumstances Waiver
No. 2000-01 to permit an additional Special Event Permit to be issued to the
Anaheim Marriott Hotel to allow a temporary tent to be used for outdoor
conference and/or convention-related activity from the effective date of this
approval through February 28, 2001. Code permits the issuance of four permits
each year and each permit may be issued for up to a 9-day period of time.
Special Circumstances Waiver No. 2000-01 previously permitted a total of twelve
Special Event Permits which allowed the installation and use of the temporary
tent from January 12, 2000 through April 28, 2000.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Special Circumstances Waiver No. 2000-01 approved from November 3, 2000
through February 28, 2001 to expire February 28, 2001.
City Clerk Schroeder clarified that this item was brought to Council as an informational
item.
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CITY COUNCIL MINUTES
OCTOBER 24, 2000
PAGE 10
Planning Director Fick stated that during the time period the permit covered, there would
the Marriott seek a more formalized permit via a conditional use permit for a longer
period.
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6:00 P.M. PUBLIC HEARINGS:
C1,
PUBLIC HEARING - ABANDONMENT NO. 00-12A
To consider abandoning a portion of Old La Palma Avenue excess right-of-way
for road purposes.
At their meeting of September 26, 2000, the Anaheim City Council adopted
Resolution No. 2000R-204 declaring its intention to vacate certain public streets,
highways, and service easements and to consider abandoning a portion of Old
La Palma Avenue excess right-of-way for road purposes. Set for public hearing
at meeting of September 26, 2000 (Item A10).
REQUESTED BY: John C. Killen on behalf of PD La Palma L.P., a Washington
limited partnership, 200 East Baker Street, Costa Mesa, CA 92626
A brief staff report was given by Public Works Civil Engineer Natalie Meeks.
Mayor Daly asked what the status was of the adjacent property, which was approved for
a new housing project and had been sold to Polygon. Ms. Meeks stated that it had been
and the sale had closed.
Mayor Daly asked if there would be any further action taken on the adjoining property
and Community Development Director Elisa Stipkovich said that this specific property
was owned by the City Utilities Department and it was sold subsequent to a Disposition
and Development Agreement since it was in a Redevelopment Project Area. She added
that the property was sold six or seven months ago for a commercial development and
the developer was divesting himself of the property and entered into an agreement to
sell it to a residential developer. She explained the Council had heard the zoning
entitlement; however, the Redevelopment Agency would still have to amend the
Redevelopment Plan in order to entitle it for residential and also amend the agreement
to allow the sale to occur and assign the agreement to the new developer. The
amendment to the Redevelopment Plan would take about sixty days and there would be
a hearing on that matter to change the land use, she noted.
Mayor Daly opened the public hearing and hearing no testimony, closed the hearing.
Mayor Daly moved to approve the CEQA Environmental Finding of Categorically
Exempt, Class 5, seconded by Council Member McCracken. Motion carried
unanimously.
Mayor Daly moved to approve Abandonment No. 00-12A and offered the following
resolution:
CITY OF ANAHEIM
CITY COUNCIL MINUTES
OCTOBER 24, 2000
PAGE 11
RESOLUTION NO. 2000R-228 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM VACATING CERTAIN PUBLIC STREETS, HIGHWAYS AND
SERVICE EASEMENTS FOR ABANDONMENT NO. 00-12A.
Roll call vote: Ayes - 5. Motion carried.
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C2.
REHEARING -VARIANCE NO. 2000-04401
CATEGORICALLY EXEMPT-CLASS 5
OWNER: Richard L. Johnson, Trustee of the Richard and Gene Johnson Trust,
P.O. Box 1759, Blue Jay, CA 92317.
LOCATION: 516 West Chestnut Street. Property is 0.17 acre located on the
south side of Chestnut Street, 220 feet west of the centerline of Harbor
Boulevard.
Waiver of (a) minimum number of parking spaces, (b) required screening of
parking areas, (c) minimum building site area per dwelling unit, and (d) design of
vehicular parking areas, to construct an additional two-unit apartment building in
conjunction with an existing duplex.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 2000-04401 DENIED (PC2000-90) (5 yes votes, Commissioners
Arnold and Boydstun absent).
Informational item at the meeting of August 8, 2000, Item B1. Review of the
Planning Commission's decision requested by Council Members Feldhaus and
McCracken. At the meeting of August 29, 2000, Item C5, the Anaheim City
Council denied Variance No. 2000-04401 (Resolution No. 2000R-189.) Request
for Rehearing submitted by the owner, Richard L. Johnson, approved September
19, 2000, Item B12.
Zoning Division Manager Greg Hastings gave a brief presentation to Council.
Mayor Daly opened the public hearing.
Richard Johnson, owner, said that this property was basically a small area of multi unit
residents boxed in by commercial units in downtown Anaheim. The 500 block of
Chestnut Street was a one-block long dead end street that could only be entered going
south on Harbor Boulevard between Lincoln and Broadway. The high-rise Wells Fargo
building and Bank of America were across Harbor Boulevard, there were ten properties
on the south side of Chestnut and all were adjacent to an alley and to apartment
buildings facing Broadway. Mr. Johnson's property was the third property in from Harbor
Boulevard. The fourth parcel had a two-story apartment unit at the rear of a single-
residence. The sixth parcel was a six-unit apartment building and the seventh parcel
was a duplex in front with a third unit in the rear. The eighth parcel was a triplex in front
with a fourth unit in the rear. The tenth parcel had a two-story unit at the rear of a single
residence. Properties across the street had a parking district as well as RM-2400 zoning
was already a commercial parking lot. His property was 158.44 feet deep and the
vacant frontage was 111 feet deep. He wanted to build a duplex on the front 111-foot
portion of the property. He said it would look like it was a single-family residence and
not like a duplex. The density factor was the key issue and Mr. Johnson submitted that
the number of residential units involved was one of the factors used in determining
density regardless of size. He stated that his proposal offered a unique and only way to
CITY OF ANAHEIM
CITY COUNCIL MINUTES
OCTOBER 24, 2000
PAGE 12
provide a reasonable cap on the people factor. He assured Council that the maximum
number of people living on the property would be only twelve people because there was
a strong need for any landlord to limit the tenancy when a substantial investment had
been made to create a high-quality and spacious apartment unit. Each of the new two-
bedroom apartment units would be occupied by no more than two adults and two
children, he added. Mr. Johnson submitted photographs of other neighboring homes
and referred to the Planning staff report that the existing building, because no changes
were proposed, retains a legal non-conforming status for development standards. The
required parking spaces were the new two-bedroom, each duplex, which by Code,
requires the addition of five off-street parking spaces. He explained three garages and
one car park were proposed. In addition, there were at least two other tandem off-street
spaces so this petition would not add any demand on the public street parking or on any
adjacent private property. Mr. Johnson continued to reference the Planning staff report
and referenced certain sections of the Anaheim Municipal Code. Mr. Johnson believed
that his proposal met the requirements of the carport and that there should not be any
need for a variance since this was an attractive way to screen the carport area.
Michelle Lieberman, 512 West Chestnut Street, said she believed that the proposed
structure to be built which would be too large to fit within the existing parameters of the
parcel. In 1989 the City recognized that this one block long section of Chestnut Street
was becoming too densely built and rezoned the entire block from RM-1200 to RM-2400.
The rezoning precluded about half of the property owners on the street from being able
to add additional residences onto their lots. Mr. Johnson acquired the property on
Chestnut Street about two years ago and the RM-2400 zone was well into effect at that
time. She noted the Historic Preservation Plan adopted by Council in 1999 set forth
guidelines regarding new construction within the Colony District and she believed that
Mr. Johnson's proposal did not fit into the Preservation Plan guidelines with regard to
density, scale, style and architecture. She requested Council deny Mr. Johnson's
variance request.
Catherine Griffith, 524 West Chestnut, said she was against overbuilding the property
and she believed that there was not enough parking on the street. Her main concern
was the numerous amounts of children that reside there and she submitted a petition
and some photos of the parking situation.
Mr. Johnson commented once more on his proposal. He addressed several of the
comments made by the two residents, saying he believed that with the parking, there
were times when the street was congested because of students at the computer school
that park there on Monday, Tuesday, Wednesday and Friday from 8:00 A.M. to 1:00
P.M. He stated that they were required to add five units for the new duplex, including
three garages and one carport plus two tandem spaces so that they would not be adding
any parking problems to the street. He agreed that there were a number of children on
the street and if a single residence were added there would be more people and children
added to the area than what Mr. Johnson was proposing. He addressed the density
factor and also the appearance issue to make it compatible with the neighborhood.
Hearing no further testimony, Mayor Daly closed the public hearing.
Council Member Kring asked if thera was any building there in previous years or was
that a vacant lot. Zoning Division Manager Greg Hastings stated that their maps had
shown it to be vacant.
CITY OF ANAHEIM
CITY COUNCIL MINUTES
OCTOBER 24, 2000
PAGE 13
Council Member McCracken asked about the width of the property and if two more units
were placed there, would there be any outdoor space for those people. Mr. Hastings
responded that there was very limited space and that would meet the requirements for
four units if the General Plan allowed that many units, but the General Plan only allowed
three. The only place for children to play would be at the street.
Council Member Kring asked if Mr. Johnson could put in a single story or a small
bungalow in the front and Planning Director Fick answered that there could be one
additional unit added that would conform to the General Plan. Mr. Fick mentioned that
the applicant, in his presentation, indicated the fact that there was an existing non-
conforming portion that with the addition, only the addition had to comply. Mr. Fick said
that the entire site would need to comply with the current site development standards by
adding an additional unit on the side.
Mayor Daly agreed with the conclusions of the Planning Department and Planning
Commission that it was essentially a single-family neighborhood and that was the reason
for the down zoning in 1989 and he wished to uphold the spirit of that action.
Mayor Daly moved to deny the CEQA Environmental Finding of Categorically Exempt,
Class 5, seconded by Council Member McCracken. Motion carried unanimously.
Mayor Daly offered the following resolution:
RESOLUTION NO. 2000R-229 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING VARIANCE NO. 2000-04401 REHEARING.
Roll call vote: Ayes - 4, Council Members Tait, McCracken, Kring and Mayor Daly.
Noes - 0. Absent: Council Member Feldhaus. Motion carried.
179
C3.
PUBLIC HEARING - RECLASSIFICATION NO. 2000-00025
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2000-04224
AND NEGATIVE DECLARATION:
OWNER: Charles Hance, 828 West Vermont Avenue, Anaheim, CA 92805.
AGENT: Valli Architectural Group, 81 Columbia, Suite 200, Aliso Viejo, CA
92656.
LOCATION: Portion A: 828 West Vermont Avenue. Property is 0.9 acre
located on the south side of Vermont Avenue, 110 feet west of the centerline of
Citron Street (Coast Corvette).
Portion B: 800 West Vermont Avenue. Properly is 1.1 acre located on the west
side of a public alley, 315 feet south of the centerline of Vermont Avenue
(Formerly A-1 Body and Paint).
Reclassification No. 2000-00025 - To reclassify Portion B of subject property
from the RS-A-43,000 (Residential/Agricultural) Zone to the CL (Commercial,
Limited) Zone.
Conditional Use Permit No. 2000-04224 - To permit and retain an existing
unpermitted truck rental facility and permit a self-storage facility with waiver of (a)
required setback adjacent to a freeway and (b) required interior setback adjacent
to any residential zone boundary.
CITY OF ANAHEIM
CITY COUNCIL MINUTES
OCTOBER 24, 2000
PAGE 14
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 2000-00025 Granted (PC2000-96) (5 yes votes,
Commissioners Bostwick and Boydstun absent).
CUP NO. 2000-04224 granted in part denying the truck rental facility (PC2000-
97).
Waiver of code requirement approved.
Approved Negative Declaration.
Informational item at meeting of September 19, 2000 (Item B1). Review of the
Planning Commission's decision requested by Mayor Daly and Council Member
Feldhaus.
City Clerk Schroeder announced a request to continue the item was received from the
attorney for Mr. Hance.
City Attorney Jack White stated that this was the first request for continuance and in the
past, it had been the Council's practice to approve the first request for continuance to
afford the applicant due process.
Brad Knypstra, attorney for Mr. Hance, requested a continuance to be able to better
prepare for the hearing and have an oppodunity to meet with the neighbors and discuss
some of their concerns.
Mayor Daly asked the City Attorney if there was a need to open the public hearing if the
applicant had asked for a continuance and City Attorney White responded that no, they could
take testimony on the 7th of November.
Mayor Daly moved to continue the item for two weeks to November 7, 2000, seconded by
Council Member McCracken. Motion approved unanimously, Council Member Feldhaus
absent.
Report on Closed Session Actions:
City Attorney Jack White reported no items required to be reported out of Closed Session.
Council Communications:
Council Member Tait requested that the purchase of Delphi property be agendized for
the next Council meeting.
Council Member McCracken commented on the success of the Fall Festival and Parade
held October 21st in downtown Anaheim.
Mayor Daly offered thanks to Council Member Feldhaus and his wife Sally for their work
on the Fall Festival. He expressed his appreciation to all the volunteers who helped put
on the Fall Festival parade and celebration.
CITY OF ANAHEIM
CITY COUNCIL MINUTES
OCTOBER 24, 2000
PAGE 15
Adjournment:
There being no further business to come before the City Council, Mayor Daly adjourned the
meeting at 7:16 P.M.
Respectfully submitted:
Sheryll Schroeder, CMC/AAE
City Clerk