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2011/03/22ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF MARCH 22, 2011 The March 22, 2011 regular meeting of the Anaheim City Council was called to order at 3:00 P.M. and adjourned to 4:30 P.M. for lack of a quorum. The regular adjourned meeting of March 22, 2011 was called to order by Mayor Tait at 4:35 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard. A copy of the agenda was posted on March 18, 2011 on the kiosk outside City Hall. PRESENT: Mayor Tom Tait and Council Members: Gail Eastman, Lord Galloway, Kris Murray and Harry Sidhu. STAFF PRESENT: City Manager Tom Wood, City Attorney Cristina Talley, and City Clerk Linda Andal ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEM: None At 4:35 P.M., Council recessed to closed session to consider the following item. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of Case: Karla Rosales et al. v. City of Anaheim, Orange County Superior Court, Case No. 30- 2009 - 00118299 At 5:10 P.M., City Council session was reconvened. Invoc Pastor Tony Birge, Victory Baptist Church Flag Salute: Council Member Gail Eastman Presentations: Recognizing Talia Ruiz on winning the Orange County Spelling Bee Mayor Tait introduced Diane Leige of the Orange County Register in Education Management, who explained the process for students participating in the Scripps National Spelling Bee, remarking Talia Ruiz had won in a showdown format at the local level and would now advance to the national level in June, representing Orange County. Ms. Ruiz was introduced and recognized by Council. Acceptance of Other Recognitions (To be presented at a later date): Recognizing the 2011 Luevano Foundation Honorees Proclaiming April 10 - 16, 2011, as National Volunteer Week Council Meeting Minutes of March 22, 2011 Page 3 of 17 Robert Nothoff, OCCORD, remarked that although an earlier speaker cited one piece of a report he co- authored, OCCORD did not endorse the speaker's comments nor support his organization. David Diaz recommended the City discuss possibilities for the empty building at the corner of Anaheim and Lincoln Avenue which had become a magnet for graffiti and the homeless. Mayor Tait suggested Mr. Diaz discuss this matter with Executive Director Lisa Stipkovich. At 5:40 P.M., Council session was temporarily recessed to consider the Public Financing Authority reconvening at 5:42 P.M. for the Joint Agency /Council public hearing. CITY COUNCIL /REDEVELOPMENT AGENCY JOINT PUBLIC HEARING: 5. This is a joint public hearing between the Anaheim Redevelopment Agency and the City to consider a sub - sublease agreement, in substantial form, by and AGR -6691 between the Anaheim Redevelopment Agency and ASC- Anaheim, LLC, regarding real property located between South Anaheim Boulevard and Claudina Way. City Council Action: RESOLUTION NO. 2011 -029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM consenting to the sub - sublease agreement by and between ASC- Anaheim, LLC and the Anaheim Redevelopment Agency and making certain findings in connection. Community Development Executive Director Elisa Stipkovich reported the Agency was requesting approval of a sub -lease to an existing Agency lease on property located along a Southern California Edison (SCE) easement. SCE leased the property to Katella Operating Properties and the Agency had entered into a sub -lease some time ago to allow the Agency to work in the redevelopment project area. The 8.9 acre property had a portion sub - leased with 7.45 acres remaining unused. She explained American Sports Center (ASC), operating in Anaheim since 2003, was a one of a kind venue for volleyball and basketball. Its 100,000 square foot facility held 22 volleyball courts and 16 basketball courts and attracted local athletes and sports talent from throughout the state and nation for practice and tournaments. In addition, ASC was the training location for the U.S. Men's and Women's National Volleyball Teams. Due to their successful operation and since there was now an opportunity to lease adjacent building space, ASC was looking to expand by adding an additional 92,000 square feet of sports area. She added, in order to accommodate the expansion, American Sports Center would be required to provide additional parking and the SCE easement would be used for that purpose. She indicated the lease rate for the Sub- Sublease Agreement was proposed at $25,000 per month or $300,000 per year, and would escalate three percent annually. This lease rate was below what the Agency was currently paying but was consistent with the market - rate rent and, she pointed out, the lessee would be required to improve the property and spend up to $1.5 million in necessary parking lot improvements, including landscaping and lighting. The lease term was 15 years, with two five -year options. She noted an agreement had been worked out with ASC to provide up to $2.8 million worth of Council Meeting Minutes of March 22, 2011 Page 4 of 17 community service and in -kind services that the City would then have available to them such as permitting the U.S. volleyball team's use of the facility. The Agency would give a credit for the costs of the improvements during the first five years, for an amount not to exceed $1.5 million and the total subsidy to the developer for rent forgiveness was $2.7 million over 15 years. Staff recommended approval of the sub - lease. Chairman Tait opened the public hearing and receiving no comments, closed the public hearing. Mayor Pro Tem Sidhu moved to approve RESOLUTION NO. 2011 -029 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM consenting to the sub - sublease agreement by and between ASC- Anaheim, LLC and the Anaheim Redevelopment Agency and making certain findings in connection; seconded by Council Member Eastman. Roll Call Vote: Ayes — 5:(Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried. At 5:47 P.M., the Redevelopment Agency was adjourned and Council session was briefly recessed, returning to open session at 5:49 P.M. CONSENT CALENDAR: Council Member Eastman removed Item No. 12 from the consent calendar for further discussion with Mayor Tait removing Item No. 19. Mayor Tait also indicated he would record an abstention for Item No. 15, due to a potential conflict of interest. Mayor Pro Tern Sidhu then moved to waive reading in full of all ordinances and resolutions and adopt the balance of the consent calendar in accordance with the reports, certifications and recommendations furnished each council member and as listed on the balance of the consent calendar, seconded by Council Member Eastman. Roll Call Vote: Ayes — 5: Mayor Tait and Council Members: Galloway, Eastman, Murray and Sidhu. Noes — 0. Motion Carried D117 9. Approve the Investment Portfolio Report for February 2011. 10. Accept the lowest responsive bid of Stout & Burg Electric, Inc., in the amount of $537,872.25, for the purchase of a photovoltaic system for the Community D128 Development Department's Anaheim Packing House project, in accordance with Bid # 7490. 11. Authorize the issuance of a change order to Air New Zealand Limited increasing the amount of the existing purchase order to $1,749,150 for repairs to the D128 combustion turbine generator engine for Public Utilities, in accordance with Bid #7479. 13. Approve the Agreement of Acquisition of Real Property with Benjamin and Susan Bernardino, in the acquisition payment amount of $365,000 and relocation benefits AGR -6694 of $2,375, for property located at 2173 West Harle Avenue for the Brookhurst Street Widening project (R/VV ACQ2009- 00356). 14. Approve and authorize the City Attorney to execute an Attorney Services AGR -6695 Agreement with Sedgwick, Detert, Moran, and Arnold, LLP, to provide legal services to the City. Council Meeting Minutes of March 22, 2011 Page 5 of 17 15. Approve and authorize the Public Utilities General Manager to execute the Agreement for Replacement of Overhead with Underground Communication Facilities, its related documents and to take such actions as necessary to AGR -6696 implement the agreement, with Pacific Bell Telephone Company, dba AT &T California, to facilitate joint trench construction and cost sharing for work within portions of Underground District Nos. 51 and 56 (Lincoln /Magnolia). Mayor Tait declared a potential conflict of interest and recorded an abstention. Vote: Ayes — 4, Noes — 0, Abstention — 1 (Mayor Tait) 16. Approve and authorize the Public Utilities General Manager to execute, implement and administer the First Amendment to Agreement, and any other related documents, with Multimedia Integrated Technology, dba Integrated Technology, AGR- 4695.A.1 extending the term for an additional three years and increasing the annual compensation for years four to six, in an amount not to exceed $110,126 per year, for interactive voice response system hardware and software maintenance. 17. Find and determine that the 2010 Annual Housing Element Progress Report is exempt from the California Environmental Quality Act in that the activity is not D155 defined as a project and accept and direct staff to submit the report to the Governor's Office of Planning and Research and the California Department of Housing and Community Development. 18. Approve ICMA -RC as the Defined Contribution Plan Provider for the 457, 3121 D154 and Retired Health Savings Plans and authorize the Human Resources Director to execute all required provider agreements. 20. RESOLUTION NO. 2011 -031 A RESOLUTION OF THE CITY COUNCIL R100 OF THE CITY OF ANAHEIM authorizing the destruction of certain city records more than two years old (Planning Department). 21. RESOLUTION NO. 2011 -032 A RESOLUTION OF THE CITY COUNCIL P124 OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed No. 11405). 22. RESOLUTION NO. 2011 -033 A RESOLUTION OF THE CITY COUNCIL D175 OF THE CITY OF ANAHEIM expanding Permit - Eligible Parking District No. 11 (Keys- Velare- Clearbrook). 23. RESOLUTION NO. 2011 -034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating two public utility easements located at 3811 D110 East La Palma Avenue pursuant to California Streets and Highway Code Section 8330, et seq., Summary Vacation (Abandonment No. ABA2011- 00220). 24. RESOLUTION NO. 2011 -035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the updated City of Anaheim Hazard D129 Mitigation Plan and rescinding Resolution No. 2005 -204. Authorize the Emergency Manager to submit the plan to the California Emergency Management Agency and the Federal Emergency Management Agency. Council Meeting Minutes of March 22, 2011 Page 6 of 17 25. ORDINANCE NO. 6205 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Power Sales Agreement AGR -6701 between the Southern California Public Power Authority and the City for the La Paz Solar Tower project (Introduced at Council meeting of March 8, 2011, Item No. 24). Certify the agreement complies with the California Energy Commission's (CEC) greenhouse gases Emission Performance Standard (EPS) as enumerated in Senate Bill 1368, and specifically authorizes the Public Utilities General Manager to execute such documents and take such further and additional actions as may be required to comply with proposed CEC regulations related to greenhouse gases EPS. 26. ORDINANCE NO. 6206 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Chapter 18.62 of Title 18 of the M142 Anaheim Municipal Code pertaining to administrative reviews (Zoning Code Amendment No. 2011 - 00095). 27. Approve minutes of the Council meeting of March 8, 2011. END OF CONSENT CALENDAR: 12. Approve a License and Services Agreement with Anaheim Family YMCA to utilize AGR -6693 the Pearson Park Pool facility to conduct public swim lessons and related aquatic programs. Community Services Director Terry Lowe announced this item was a recommendation to approve a licensing agreement with Anaheim Family YMCA to provide swimming lessons this summer and in future summers at Pearson Park Pool. The YMCA had worked with the City for the last couple of years, providing aquatics programs at one of the local high schools and staff felt they were now in position to take over that service. In the case of this specific agreement, the City would continue to pay the costs associated with maintaining the pool but all costs associated with providing the service as well as corresponding revenues would go to the YMCA. Council Member Eastman emphasized staff had been working behind the scenes to help with the budget deficit and by partnering with one of the non - profits, the City was able to keep the pool open and swimming programs available to the community. Council Member Eastman then moved to approve Item No. 12, seconded by Council Member Murray. Roll Call Vote: Ayes — 5: Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu. Noes — 0. Motion Carried. 19. RESOLUTION NO. 2011 -030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the D154.1 Anaheim Municipal Employees Association, General and Clerical Units and the City of Anaheim. Council Meeting Minutes of March 22, 2011 Page 7 of 17 Approve and authorize the Human Resources Director to temporarily suspend applicable personnel rules and pay policies in order to reduce the base compensation of all unrepresented employees including all management, safety and non - safety, along with confidential employees. Human Resources Director Kristine Ridge, explained Item No. 19 reflected a unique concession agreement reached with one of the City's largest full -time unions, AMEA, which would provide temporary fiscal relief and included a five percent reduction in take home pay of all AMEA fulltime employees, except dispatch personnel, and a corresponding reduction in all employer paid percentage based benefits such as required pension contributions, matching retired health savings contributions, and other items such as bilingual pay. In addition to this concession, there would be a modification of the overtime policy to meet the minimum FLSA standards, reducing the number of hours eligible for time and a half compensation and the establishment of a 36 hour work week. Council's action would also consider approval of a temporary suspension of applicable personnel rules and pay policies to provide for a five percent reduction in pay for all City full -time unrepresented employees, including safety and non - safety management employees and confidential employees. She added approval of this item would be for a 12 month period and was expected to generate citywide savings in personnel costs of $5.9 million with $3.1 million of those savings attributed directly to the General Fund. Mayor Tait asked for clarification on the 36 hour work week with Ms. Ridge responding it was modified to not include a City Hall closure but the work week was designated 36 hours and combined for a two week period would be 72 hours. Mayor Pro Tern Sidhu inquired if there would be impacts to service levels with Ms. Ridge replying there would be a slight impact to service levels because of the reduction in work hours, however each of the operation departments had been tasked with identifying mitigating measures to lessen any impact such as relying more on salaried employees, having greater reliance on technology and additional scheduling of part-time personnel. The City would retain the same operating hours for all public counters and similar operations. This program, she explained, offered temporary fiscal relief and would be effective until July 5, 2012. Mayor Pro Tern Sidhu asked how many employees would be affected by this concession; Ms. Ridge replied 590 AMEA employees and 540 unrepresented employees (extended to management and unclassified employees as well). Mayor Tait requested clarification regarding proposed savings related to this agreement. After some discussion, Ms. Ridge explained that for every hourly employee, there would be an effective increased rate change; however, at the end of the day, all hourly employees would be taking home five percent less in base wages. Mayor Tait responded his concern was that for a two week period, an employee would work for 9 days and be paid for 9'/2 days and he would not be able to support this unless it was a one for one exchange. He expressed appreciation for AMEA negotiating in good faith, and wished he could have been part of the decision making process earlier on, however, he would not be able to support a concession that provided an hourly rate increase. Council Member Murray remarked she had given this proposal a great deal of consideration and also would have liked to have been part of the team coming up with the terms of this negotiation. However, she stated, with the City facing at $10 to $12 million shortfall, this option would reduce salaries across the board by five percent and provide Council Meeting Minutes of March 22, 2011 Page 8 of 17 significant interim relief that would eliminate additional layoffs and cuts to vital City services to residents and businesses. She added Anaheim was now at its lowest employee head count in 20 years while population and service needs had expanded and while prior councils had taken fiscal measures which kept Anaheim out of dire fiscal straits, there were still tough choices to be made to get reserves back. She felt this was a significant concession at this junction and would support the agreement. Council Member Eastman concurred, stating this action would enable the City to control overtime and pension costs and she would be in support of the agreement as well. Council Member Galloway appreciated AMEA's willingness to work with staff and make a sacrifice which would help cut the City's general fund liabilities at a time when it was needed, and she would support this effort. Staff answered questions on the negotiation process, on -going drain of reserve funds and potential layoffs impacting City services. City Manager Tom Wood stated the action before Council would lessen the impact of reduced services. In previous workshops, staff clearly laid out financial considerations and a $10 to $12 million structural deficit which was burning reserves at $38,000 a day. This concession, he remarked would reduce the reductions needed by about one -third and while staff was attempting to minimize the impact on services, there would ultimately be no way to reduce operations by that amount without having some impact on services. Mayor Pro Tem Sidhu remarked he would personally like to see structural changes to come up with solutions to stop raiding reserves, and while not fully satisfied with this concession, he was willing to support it. He then moved to approve RESOLUTION NO. 2011 -030 OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Municipal Employees Association, General and Clerical Units and the City of Anaheim; seconded by Council Member Eastman. Roll Call Vote: Ayes — 4:(Council Members: Eastman, Galloway, Murray and Sidhu). Noes — 1: Mayor Tait. Motion Carried. 28, Consider an appointment to fill an unscheduled vacancy on the Community Center Authority, term ending June 30, 2014. B105 APPOINTMENT: Martin Cymbal (vacancy of Harold Rapoza) Council Member Murray nominated Martin Cymbal, Anaheim Chamber Board of Directors, and a long- standing member of convention center community. No other nominees were offered and Council unanimously appointed Martin Cymbal to the Community Center Authority. PUBLIC HEARINGS: 29. Continue the duly noticed public hearing relating to the proposed financing of costs 13137.1 of certain improvements to the Honda Center to the City's next regular meeting. Public hearing Item No. 29 continued to March 29, 2011. Council Meeting Minutes of March 22, 2011 Page 9 of 17 AGENDA ITEM NO'S. 30 — 33: Natalie Meeks, Public Works Director, presented a report dealing with Item No's. 30 — 33, the Brookhurst Street Widening Project, emphasizing a separate public hearing would be held for each individual item. She stated Item No's. 30 through 33 were for the acquisition of right -of -way necessary for the construction of the Brookhurst Street Widening Project from Ball Road to Katella Avenue. This project would improve Brookhurst Street by providing three thru -lanes in each direction along with median and pedestrian improvements. She noted this segment of Brookhurst Street was the only segment between interstate 5 and Pacific Coast Highway that had not been widened to six lanes which created a bottleneck for north /south traffic in this area. A short segment of southbound Brookhurst, north of Cerritos, would remain two lanes to be widened in the future in cooperation with the County of Orange. Both phases were environmentally cleared through the Initial Study and Mitigated Negative Declaration approved by City Council on June 22, 2010. The project as planned, she remarked, required the acquisition of 23 single family properties and staff was in the process of acquiring the property necessary to implement the project. Acquisition agreements were approved for 14 of the 23 properties to date and staff continued to work with the other property owners to reach settlement. The four properties on this agenda were recommended for adoption of resolutions of necessity to advance the acquisition process. She explained staff had been unable to reach a settlement in large part due to the current financial status of the properties; in each case, the outstanding debt on the property exceeded the appraised value. She added staff believed by advancing the acquisition to eminent domain, this would help engage the lenders in negotiating a settlement and obtaining clear and insurable title to the properties. Mayor Tait announced in each of the hearings, testimony would be taken from the owner of record or the designated representative for the property subject to the hearing. Testimony in each hearing would be limited to the following five issues only: whether the public interests and necessity require the project, whether the project was planned and located in a manner that would be most compatible with the greatest public good and least private injury, whether the property sought to be acquired was necessary for the project, whether the offer required by Government Code Section 7267.2 had been made to the owner or owners of record, and whether the City met all other prerequisites to the exercise of eminent domain in connection with this property. 30, This is a public hearing to consider a resolution determining the public interest and necessity for the acquisition of property located at 2180 West Crestwood Lane for the Brookhurst Street widening project from Ball Road to Katella Avenue. RESOLUTION NO. 2011 -036 A RESOLUTION OF THE CITY COUNCIL P121 OF THE CITY OF ANAHEIM determining the public interest and necessity for the acquisition of property located at 2180 West Crestwood Lane for the purposes of the Brookhurst Street widening from Ball Road to Katella Avenue project (R/W ACQ2009- 00343). Mayor Tait opened the hearing on Item No. 30 and invited the owner or representative of property located at 2180 West Crestwood Lane to address the Council. With no comments offered, the hearing was closed. Council Meeting Minutes of March 22, 2011 Page 10 of 17 Mayor Pro Tern Sidhu moved to approve RESOLUTION NO. 2011 -036 OF THE CITY OF ANAHEIM determining public interest and necessity for acquisition of property located at 2180 West Crestwood Lane for purposes of the Brookhurst Street widening from Ball Road to Katella Avenue project; seconded by Council Member Murray. Roil Call Vote: Ayes — 5:(Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu). Noes — 0. Motion Carried. 31. This is a public hearing to consider a resolution determining the public interest and P121 necessity for the acquisition of property located at 2180 West Forest Lane for the Brookhurst Street widening project from Ball Road to Katella Avenue. RESOLUTION NO. 2011 -037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for the acquisition of property located at 2180 West Forest Lane for the purposes of the Brookhurst Street widening from Ball Road to Katella Avenue project (R/W ACQ2009- 00341). P121 Mayor Tait opened the hearing on Item No. 31 and invited the owner or representative of property located at 2180 West Forest Lane to address the Council. With no comments offered, the hearing was closed. Mayor Pro Tern Sidhu moved to approve RESOLUTION NO. 2011 -037 OF THE CITY OF ANAHEIM determining the public interest and necessity for the acquisition of property located at 2180 West Forest Lane for the purposes of the Brookhurst Street widening from Ball Road to Katella Avenue project; seconded by Council Member Galloway. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu). Noes — 0. Motion Carried. 32. This is a public hearing to consider a resolution determining the public interest and necessity for the acquisition of property located at 1606 South Brookhurst Street for the Brookhurst Street widening project from Ball Road to Katella Avenue. RESOLUTION NO. 2011 -038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for the acquisition of property located at 1606 South Brookhurst Street for the purposes of the Brookhurst Street widening from Ball Road to Katella Avenue project (R/W ACQ2009- 00354). Mayor Tait opened the hearing on Item No. 32 and invited the owner or representative of property located at 1606 South Brookhurst to address the Council. With no comments offered, the hearing was closed. Council Member Galloway moved to approve RESOLUTION NO. 2011 -038 OF THE CITY OF ANAHEIM determining the public interest and necessity for the acquisition of property located at 1606 South Brookhurst Street for the purposes of the Brookhurst Street widening from Ball Road to Katella Avenue project; seconded by Mayor Pro Tern Sidhu. Roll Call Vote: Ayes — 5:(Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried. Council Meeting Minutes of March 22, 2011 Page 11 of 17 P121 33. This is a public hearing to consider a resolution determining the public interest and necessity for the acquisition of property located at 1644 South Brookhurst Street for the Brookhurst Street widening project from Ball Road to Katella Avenue. RESOLUTION NO. 2011 -039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for the acquisition of property located at 1644 South Brookhurst Street for the purposes of the Brookhurst Street widening from Ball Road to Katella Avenue project (R/W ACQ2009- 00345). Mayor Tait opened the hearing on Item No. 33 and invited the owner or representative of property located at 1644 South Brookhurst Street to address the Council. With no comments offered, the hearing was closed. Mayor Pro Tern Sidhu moved to approve RESOLUTION NO. 2011 -039 OF THE CITY OF ANAHEIM determining the public interest and necessity for the acquisition of property located at 1644 South Brookhurst Street for the purposes of the Brookhurst Street widening from Ball Road to Katella Avenue project; seconded by Council Member Murray. Roll Call Vote: Ayes — 5 (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu). Noes — 0. Motion Carried. 34. CONTINUED PUBLIC RE- HEARING. RECLASSIFICATION NO. 2010 -00238 CONDITIONAL USE PERMIT NO. 2010 -05515 VARIANCE NO. 2010 -04815 C280 TENTATIVE TRACT MAP NO. 17387 (DEV2010- 00087) OWNER: Donovan Anaheim, LLC, Chad Brown, Development Manager, 660 Newport Center Drive, Suite 1050, Newport Beach, CA 92660 APPLICANT: Melia Homes, Chad Brown, Development Manager, 660 Newport Center Drive, Suite 1050, Newport Beach, CA 92660 LOCATION: This 3.39 acre property is located at 851 & 905 South Western Avenue, approximately 165 feet south of the centerline of Teranimar Drive. The applicant proposes to: rezone this property from the Transition (T) zone to Single Family Residential (RS -4) zone designation; establish a 32 -lot residential subdivision; permit 32 single - family residences with certain lots having rear yard setback areas measuring 13 -feet, 5- inches in depth; and, to allow certain lots to maintain driveway lengths smaller than required by code. Environmental Determination: A Negative Declaration has been determined to serve as the appropriate environmental impact determination for this request. ACTION TAKEN BY THE PLANNING COMMISSION: Approved Vote: 6 -0 (Chairman Pro -Tem Agarwal and Commissioners Ament, Karaki, Persaud, Ramirez and Seymour voted yes. Chairman Faessel absent) with added conditions of approval pertaining to restricted vehicular access to and from Western Avenue and a prohibition of on- street parking of recreational vehicles (Planning Commission meeting of September 27, 2010; Appealed by David Stahovich) ACTION TAKEN BY THE CITY COUNCIL: Council Meeting Minutes of March 22, 2011 Page 12 of 17 Approved Vote: 4 -1 (Mayor Pringle and Council Members Galloway, Hernandez and Sidhu voted yes; Council Member Kring voted no) (Council meeting of November 9, 2010) (request for re- hearing submitted by David Stahovich and granted on December 14, 2010) (continued from Council meeting of February 15, 2011, Item No. 22) MOTION: TIM Find and determine that a Negative Declaration is the appropriate environmental determination for this request. RESOLUTION NO. 2011 -040 A 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 zones should be changed (Reclassification No. 2010- 00238; DEV 2010 - 00087). RESOLUTION NO. 2011 -041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Conditional Use Permit No. 2010 -05515 and Variance No. 2010 -04815 (DEV 2010 - 00087). RESOLUTION NO. 2011 -042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Tentative Tract Map No. 17387 (DEV 2010- 00087). ORDINANCE NO. 6207 (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. 2010- 00238; DEV 2010- 00087). Sheri Vander Dussen, Planning Director, updated Council on this continued public hearing stating Melia Homes, the applicant, was proposing to construct 32 detached single family homes on a 3.4 acre parcel located on Western Avenue, a block north of Ball Road. This public hearing had been continued from February 15 meeting in order to provide an opportunity for the applicant to address concerns regarding the separation between the proposed homes and the existing single family residences to the west and to explore potential reduction in density. Council also suggested that the applicant meet with the adjacent residents in order to try to address their concerns and during this presentation, Ms. Vander Dussen explained, staff would describe the recent site plan revisions proposed by the applicant and address the issues raised or reiterated by the appellant after the last hearing. Public outreach taken place since the last Council meeting would also be discussed. At the last meeting, she stated, Council directed the applicant to explore an alternative layout for lots 16 and 17, located on the westerly boundary of the property and abutting existing rear yards of single family homes. Originally five foot wide side -yard setbacks were proposed adjacent to the rear yards of existing residences and in order to provide additional separation between the proposed and existing homes, the applicant reduced the combined side -yard setbacks between 22 of the units from 11 feet to 10 feet, the minimum separation required according to the zoning code. The space gained by this reduction, she explained, had been added to the westerly sideyard setbacks on lots 16 and 17. The setback between these homes and the property line to the west was now approximately 14.5 feet, a 9.5 foot increase over the original plan. Council Meeting Minutes of March 22, 2011 Page 13 of 17 Ms. Vander Dussen reported that on March 4 th the applicant and staff met with the appellant to discuss plan revisions and on March 8 th a community meeting was held to give residents in the neighborhood the opportunity to review the proposed revisions. About 35 residents did attend this meeting but no consensus was reached as to the type of plan revisions the neighbors wanted. She commented they did indicate a desire to see a reduction in the density of the project as opposed to just an increased setback on the westerly edge of the site. Following the last hearing, the appellant submitted a letter reiterating claims that the project did not comply with various code requirements related to net density, private street design as well as noise studies. A letter was received from the appellant's civil engineer regarding the adequacy of drainage analysis prepared for the project. As those concerns were thoroughly discussed at the last hearing and no new issues regarding these matters were raised, Ms. Vander Dussen remarked that those issues would not be covered in the staff presentation. She added if Council had questions or wanted additional information on any of those issues, it would be provided. The appellant, she added, had raised one new issue related to the orientation of the side property lines. The Code required that the side property lines of lots located on curved streets be designed in a radial fashion in relation to the center line of the street and she explained in detail how that was determined. The code section referenced by the appellant in his letter required side property lines of lots located on a straight street be located at right angles to the center line of the street and the appellant claimed the proposed Donavan Ranch Road should be considered a curved street as a result of the bulb at the end of the cul de sacs. As a result of that premise, the appellant maintained the side property line separating lots 15, 16, 17 and 18 should be oriented in a radial manner, however, as there was no bend in the center line of the street, staff believed the appellant's interpretation was inconsistent with the way the standard had been applied in the past. She ended her presentation stating the proposed development was previously approved by the Planning Commission and Council and met the City's criteria for in -fill development and while the number of proposed dwelling units had not been reduced since the last hearing the applicant had revised the site plan to provide additional separation between the proposed residences and the existing homes to the west. Staff would recommend approval if Council felt the plan revisions adequately addressed the concerns raised at the last Council meeting. Mayor Tait announced Council received 1.5 hours of testimony at the February 15' hearing, from both proponents and opponents to the project and unless any member of the Council objected, he asked testimony to be limited to only those speakers with new evidence to present. He added all public comments and written documents received during the first meeting were made part of the record and it was not necessary to repeat any of the comments made at the last hearing. Mayor Tait then opened the public hearing, asking the appellant, Dave Stahovich to speak, followed by the developer, and then opened for comments from the floor. Rudy Juarez, speaking on behalf of Dave Stahovich who had not yet arrived, thanked Council for allowing the community an opportunity to discuss issues with the developer. He added the second meeting was more productive than the first although the weather prevented residents an opportunity to walk the property lines with the developer and discuss boundaries. He added the neighbors primary concern was density and loss of Council Meeting Minutes of March 22, 2011 Page 14 of 17 privacy, remarking that he felt concurrence between the community and the developer was very close. BJ Delzer, developer, remarked that he had listened, taken Council's direction and met with the neighbors, both in groups and independently and ultimately was able to address many of their concerns regarding edge conditions. In addition he went door to door to discuss boundary issues for those who were unable to make other meetings. The side yard setback had been increased from five feet to roughly 14.5 feet for Lots 16 and 17, as directed by Council and Chad Brown would explain the changes that had occurred to the project site since the last meeting. Chad Brown, Melia Homes, explained that at the community meeting held on March 8 a plan that modified the end setback to 10.5 feet was presented at that time. After the second community meeting on March 9 the setback was increased to get closer to a 15 foot setback, and they were able to achieve 14.5 feet for Lots 16 and 17. The method to increase the setback was taken from areas where garages were adjacent to each other on side yard conditions, reduced from 11 feet between structures to 10 feet between structures consistent With zoning requirements. The initial intention was to hold the entry sides at 11 feet but reduce the garage side of the homes down to 10 feet, and that was accomplished. This was taken a step further, he explained, by taking areas with existing cypress trees to get an extra four or five feet necessary to achieve the 14.5 foot setback. Melia Homes believed modifications made at the urging of Council had improved the project from the perception of the community, adding this was a well thought -out and well designed project. Dave Stahovich, appellant, remarked he interpreted the primary issues raised by Council at the February 15 hearing to be about density, and specific to Mayor Tait, a two -lot density issue. He and other neighbors had met with the developer on March 4 and expressed disappointment that the exhibit provided by the developer did not meet Council's direction. In this meeting and subsequent meetings, Mr. Stahovich urged staff and the developer to reduce the overall density of the project which did not happen and he believed the project as proposed was incompatible with the existing community primarily due to density. He discussed the history of the developer's interest in the property, the investors involved, and possible litigation. He asked that all earlier concerns raised regarding traffic, drainage, lack of noise study and water quality issues be incorporated into the record and urged Council to reconsider this proposal taking into account the quality of life impacts to the community resulting from the project as proposed. Mark Patton, West Terranimar Drive remarked Melia Homes had revised project plans which contained the same number of homes now positioned closer together and he did not feel this revision met Council's direction from the previous hearing. With less density, many of the issues raised, i.e., flooding, traffic, parking would be mitigated. He expressed concern that his backyard would flood as it was his practice to rotate food crops and move dirt around and would never be a level backyard like other neighboring yards. Anne Wu, raised in the neighborhood for over 30 years, supported the project of single family homes, having expressed concern that multi - family homes would be built in its place. Council Meeting Minutes of March 22, 2011 Page 15 of 17 Peter Wu, resident, also supported the project remarking housing values were decreasing as homes became older and this project would revitalize the neighborhood and increase values. Jim Bolton, KMA Engineering, remarked that drainage continued to be a problem as the sheet flow was essentially being stopped with drainage inlets placed in areas to receive the flow. He felt there would be ponding on neighbor's properties to the north. He raised another issue related to grading around the existing cypress trees, stating once that occurred around the base of the trees, they might not survive. Anthony Viara, West Lees Lane, was not notified of the project as he lived more than 300 feet from the site. He concurred with the Stahovich appeal and if needed, could provide petitions in opposition to the project. Joy Patton, Terranimar Drive, urged Council to deny the project and allow the neighborhood to remain less dense. Arthur Stahovich asked for Council's consideration of the appeal. John Richardson, P &B Engineers for Melia Homes, responded to earlier comments on drainage. He stated the developer had a solution to collect water by providing openings every five feet along the north property line as well as larger openings at the rear of each lot line, all of which would need approval by the City's engineering department before being implemented. He added no matter what the density, the City required a block wall to separate the development and the problems and solutions regarding drainage would be the same. BJ Delzer pointed out the positives about the project; creating jobs and quality work force housing. In addition, it generated development fees over $650,000 of which $500,000 would go directly to the City. He added that Anaheim's competent, highly skilled and tenured staff who have continually supported this project, had reviewed it in multiple ways and responded to various concerns raised and had never strayed from their recommendation for approval. Dave Stahovich remarked the Orange County Register contained an article that said the cities of Anaheim and Santa Ana were two cities with the most overstock in unoccupied homes. He added any developer fees generated would be parceled out piecemeal as the project would be built over time as the market dictated. The net impact of the project, he believed, would be to devalue properties and he urged council for reasonable development. With no further comments offered, Mayor Tait closed the public hearing. Council Member Murray remarked this was private property being developed for market rate single family homes and as recommended by staff and the Planning Commission, it was a quality development. With regard to density, she pointed out; it was significantly below what was allowed for this zoning and she would offer her support for this project. Mayor Pro Tern Sidhu asked if there was any change in the density of the proposed project from the plan discussed at the February 15 hearing. Ms. Vander Dussen Council Meeting Minutes of March 22, 2011 Page 16 of 17 remarked the number of units proposed remained the same, however, the developer was now proposing a setback of approximately 14.5 feet where it had originally been a five foot setback at the west end of the development which abutted the rear yards of existing homes. He had created this space by moving homes closer to Western Avenue. After some discussion, Mayor Pro Tem Sidhu remarked that by reducing the amount of homes by two, 30 homes could be made slightly bigger and allow for some relief to the neighbors. Council Member Eastman asked if there was a policy in place that addressed the practice of rounding up or rounding down when considering density on a project. Ms. Vander Dussen responded that the RS4 zone was the only zone with a net density limitation, and no formal policy had been adopted. She added the developer purchased property in the City and proceeded in good faith based on what the general plan allowed. While she appreciated the neighbor's concerns, she noted the property could have been developed with a higher density and based on those reasons and the developer's good reputation, she would support the project. Council Galloway disclosed she had met with the developer to understand the issues and was satisfied that the concern with Lots 16 and 17 had been mitigated. She believed this was a good quality residential project and would improve the quality of life for residents in Anaheim and would support it. Mayor Tait had inspected the site and with Lots 16 and 17 having setbacks of 14.5 feet, he would support the project and moved to find and determine that a Negative Declaration was the appropriate environmental determination for this request; to approve RESOLUTION NO. 2011 -040 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 zones should be changed (Reclassification No. 2010 - 00238; DEV 2010 - 00087); to approve RESOLUTION NO. 2011 -041 OF THE CITY OF ANAHEIM approving Conditional Use Permit No. 2010 -05515 and Variance No. 2010 -04815 (DEV 2010 - 00087); to approve RESOLUTION NO. 2011 -042 OF THE CITY OF ANAHEIM approving Tentative Tract Map No. 17387; and to introduce ORDINANCE NO. 6207 OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2010 - 00238; DEV 2010 - 00087), seconded by Council Member Murray. Roll Call Vote: Ayes — 4 (Mayor Tait and Council Members: Eastman, Galloway and Murray). Noes — 1: Mayor Pro Tem Sidhu. Motion Carried. Report on Closed Session Actions: None Council Communications: Council Member Murray announced upcoming city events: Community Services 32n Annual Volunteer Recognition Luncheon to be held on March 24, Grandma's House of Hope Heart Recognition Luncheon to be held on April 3, and the Boys and Girls Hotel Outreach Gala to be held on April 9. She also announced the Assistance League hosted their Annual Fashion Show fundraiser last weekend and raised over $115,000 for non- profit projects and recognized Julie Tait and Sandy Day, co- Chairs for the Annual Muzeo Bowl fundraiser scheduled for May 19. She thanked the Sister City Commission for their work in creating letters of encouragement to those families in Mito, Japan and asked the Council Meeting Minutes of March 22, 2011 Page 17 of 17 community to submit letters of encouragement to Danielle Vargas, Youth Leadership America. Council Member Galloway reported her attendance at the National League of Cities Conference in Washington, D.C. and recognized Code Enforcement Officer Ken Marsh for his act of kindness. Mayor Pro Tern Sidhu spoke about the Community Services' 32n Annual Volunteer Recognition Luncheon to be held on March 24 and reported that Anaheim was named the top spot for family vacations in the 2011 Traveler's Choice. He expressed his condolences to the family of Sgt. Jason Weaver, who was laid to rest last week and extended his thoughts and prayers to the families in Japan. Council Member Eastman spoke of Multiple Sclerosis Awareness week and invited citizens interested in volunteering toward this cause to contact her office. Mayor Tait asked staff to provide information on the city's website about the details of Youth Leadership America's mission to gather letters of encouragement to families in Japan. Mayor Tait also spoke about bringing a professional basketball to the City. Adjournment: At 8:30 P.M., with the consent of council, Mayor Tait adjourned the March 22, 2011 meeting to March 29, 2011 at 5:00 P.M. Res ec Ily submitted, Linda N. Andal, CMC City Clerk