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2002/05/07 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING MAY 7,2002 The City Council of the City of Anaheim met in regular session. PRESENT: Mayor Tom Daly, Council Members: Frank Feldhaus, Lucille Kring, Tom Tait and Shirley McCracken. STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, City Clerk Sheryll Schroeder, Public Works City Engineer Gary Johnson, Public Works Deputy City Engineer Russell Maguire, Traffic and Transportation Manager John Lower, Public Works Operations Manager Doris Roush, Executive Director of Planning and Community Development Joel Fick, Zoning Division Manager Greg Hastings. A copy of the agenda for the meeting of the Anaheim City Council was posted on May 3, 2002 at the City Hall inside and outside bulletin boards. Mayor Pro Tem Frank Feldhaus called the regular meeting to order at 4:07 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. ADDITIONS/DELETIONS TO CLOSED SESSION: None. PUBLIC COMMENTS - CLOSED SESSION ITEMS: None. Council Member McCracken moved to recess to Closed Session, seconded by Council Member Kring. Mayor Daly absent and entered the Chamber at a later time. Motion carried" The Council recessed to Closed Session at 4:08 P.M. CITY COUNCIL 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Kord Group v. The Fieldstone Company, et aI., Orange County Superior Court Case No. 76-32-58. 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: City of Yorba Linda v. City of Anaheim, Orange County Superior Court Case No. 01CC09320. 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: In re: Ogden New York Services, Inc. et aI., U.S. Bankruptcy Court No. 02-40846-cb (SONY) 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: City of Anaheim v. Walker, et aI., Orange County Superior Court Case No.00CC04059. 5. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: - ANAHEIM CITY COUNCIL MEETING MINUTES MAY 7, 2002 PAGE 2 Agency designated representative: David Hill Employee organization: Anaheim Municipal Employees' Association, General and Clerical Units ANAHEIM REDEVELOPMENT AGENCY 6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: 1275 East Lincoln Avenue, Anaheim, California Agency negotiators: Joel Fick, Elisa Stipkovich Negotiating parties: Anaheim Redevelopment Agency and CHOC Thrift Stores, Inc. Under negotiation: Price and terms AFTER RECESS: Mayor Daly called the regular Council meeting of May 7,2002 to order at 5:16 P.M. and welcomed those in attendance. INVOCATION: Pastor Jimmy Gaston, State College Church of Christ FLAG SALUTE: Cubscout Pack 573-Den 3 and Den Leaders, Julie Tait and Gayle Gunnison 119 PROCLAMATIONS AND DECLARATIONS: A declaration recognizing the sponsors of Paint Your Heart Out Anaheim and a presentation of the AAA Silver Community Traffic Safety Award for 2001. Recognitions to be presented at a later date were proclaiming May 2002 as National Mental Health Month; proclaiming May 2002 as National Arthritis Awareness Month; proclaiming May 12 - 18, 2002 as National Nursing Home Week; proclaiming May 2002 as Water Awareness Month; proclaiming May 19 - 25,2002 as Save a Life Week and proclaiming May 5 - 11, 2002 as Brain Tumor Awareness Week. At 5:33 P.M., Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Anaheim Housing Authority meetings. Mayor Daly reconvened the City Council meeting at 5:36 P.M. ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS: James Robert Reade stated that his comments were an expression of opinion and that Council Members voted yes on redevelopment projects that threw people out of their homes and businesses. Manny Ontiveros said that he was concerned that the City had lack of vision for the Anaheim Therapeutic Foundation, which was located in west Anaheim on the north side of Maxwell Park. He said that students that were physically disabled and challenged could go when their parents were at work and the facility was over utilized and students were turned away. He said that the Therapeutic Foundation was not a part of the master plan of expansion for Maxwell Park with - .,... ANAHEIM CITY COUNCIL MEETING MINUTES MAY 7,2002 PAGE 3 the library and new community center. He asked that the existing facility be expanded and that funding be increased or that another site be built that was comparable to the current site. June Bengston said she was a volunteer at the Anaheim Therapeutic Foundation and said it was the only therapeutic center in Orange County that was available for the mentally challenged and physically handicapped. She said it had grown so large that not all the physically and mentally handicapped people could not be accommodated. She said that there were 85 to 90 people in after-school programs and swimming had two sessions because there were 48 and the adult program had 50 people, musical theater had 30 people, daycare had 80 people and the autism program could only take 20 people since more staff was needed and the population for autistic people was climbing. She said a new center was needed and she invited Council Members to spend a day at the center. Mayor Daly directed staff to take the concerns of Ms. Bengston into consideration in the master planning of the public facilities and the parks in west Anaheim. An unidentified woman stated that she worked at the Anaheim Therapeutic Recreation Center and that housed in the center was the ability first program that did the after school program for physically handicapped children. She said she had an autistic son that had been on a waiting list for the after school care for over two years. She added that many parents needed the program and the help. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions, seconded by Council Member Kring. Motion carried unanimously. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A28: 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. Council Member Tait abstained on Item A 10 and Item A28 was approved as amended. Mayor Daly offered Resolutions Nos. 2002R-87 through 2002R-95 for adoption. Motion carried unanimously. A1. Receive and file the Monthly Financial Analysis Report presented by the Finance Director for nine months ended March 31,2002 and minutes of the Budget Advisory Commission meeting of March 20, 2002. 128 105 169 A2. Award the contract to the lowest responsible bidder, Ben's Asphalt, Inc., in the amount of $295,666.50, for the Anaheim Boulevard Project, formerly Lemon Street, from Commercial Street to La Palma Avenue and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A3. Award the contract to the lowest responsible bidder, GMC Engineering, Inc., in the amount of $124,084, for the Harbor Boulevard Street Improvements (east side) and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 169 In response to Council Member Feldhaus, Public Works Deputy City Engineer, Russell Maguire, stated that this was widening where the vacant liquor store was and this part of the widening had been coordinated with the electrical. Mr. Maguire said that it filled the gap from where Public Works widened it about five years ago up to the school property and next year in the upcoming budget, it was north of the school. - ANAHEIM CITY COUNCIL MEETING MINUTES MAY 7, 2002 PAGE 4 167 A4. Award the contract to the lowest responsible bidder, GMC Engineering, Inc., in the amount of $192,600, for the La Verne Street Traffic Signal and Landscape Improvements and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Mayor Daly asked if the creation of the cul-de-sac was on the east side of Harbor or on both sides and Traffic and Transportation Manager, John Lower, stated it was on both sides and that affected neighborhoods had been fully engaged in the discussion and were comfortable in supporting the changes. He said that the project was first identified at a Community Development Block Grant meeting. Mayor Daly said that the creation of cul-de-sacs would do a lot of good in the neighborhood and would make it safer for the children to get to school. A5. 175 A6. 137 Award the contract to the lowest responsible bidder, J. Fletcher Creamer & Sons, Inc., in the amount of $195,950, for the Claudina Street Water Main Relining and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. RESOLUTION NO. 2002R-87 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the submittal of seventeen improvement project(s) to the Orange County Transportation Authority for funding under the Arterial Highway Rehabilitation Program. In response to Council Member Feldhaus, Public Works-City Engineer, Gary Johnson, said that the types of projects to be identified were street maintenance/rehabilitation projects and that had been the call for projects by the Orange County Transportation Authority and they were the only types of projects to be applied for under the program. The funding could not be spent on other aspects of the streetscapes unless local funds were used, he added. Mayor Daly asked if all of the improvements were pavement rehabilitations or if they were street widenings and Public Works-City Engineer said that the projects were rehabilitation only. He said that the City competed with other cities in the County for funds and they were limited to rehabilitation. The only exception, he said, was if the City had another project dealing with the street that involved another funding source, it could be combined. He explained the City was limited to a short period of time to get the project designed and constructed which made it more complicated to integrate with other programs. 123 A7. Approve and authorize the Mayor and City Clerk to execute the Settlement Agreement and Full Release with Little Caesar Enterprises, Inc., in the amount of $27,000, for purchase of real property located at 1711 West Ball Road. Council Member Feldhaus asked if Resort Area monies would be used for the project and Public Works City Engineer, Gary Johnson, stated that would be an Anaheim Resort related project, a mitigation measure from the Resort. Council Member Feldhaus said it was not in the Anaheim Resort Area and City Engineer Johnson said that was correct, the Resort project had created impacts on intersections outside the Resort and as a part of the mitigation program, the Resort project was required to mitigate the impacts. The projects were identified in the bond documents and eligible for bond proceeds funding which was what was being used. 158 A8. - Approve and authorize the Mayor and City Clerk to execute the Agreements for Acquisition of Real Property with Excel Pointe Anaheim, L.L.C., in the amount of ANAHEIM CITY COUNCIL MEETING MINUTES MAY 7, 2002 PAGE 5 $67,010, and with Price Legacy Corporation, in the amount of $134,251, for properties located at 1753 and 1731 South Clementine Street for the Anaheim Resort Area Improvement Project. A9. Accept the bid of Industrial Distribution Group, in an amount not to exceed $40,908.92 (excluding tax), for tools for the Utilities Warehouse, on an as required basis, for the period of May 8, 2002 through April 30, 2003 with three one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #6261. 160 A10. Accept the bid from Arco Aerospace, Inc., in an amount not to exceed $370,985 (plus tax), for helicopter engine overhaul and repair for a period of one year with options to renew for four additional one-year periods and authorize the Purchasing Agent to exercise the optional renewals in accordance with Bid #6266. 160 Council Member Tait abstained on Item A 10. 160 A11. Accept the low bid of Safeway Sign Company, in an amount not to exceed $126,477, for providing the City with street signs for a one-year period commencing July 1, 2002 with four additional one-year renewal options and authorize the Purchasing Agent to execute those renewal options in accordance with Bid #6274. Council Member Feldhaus asked how the street signs were identified or prioritized and Public Works Operations Manager, Doris Roush, stated that most of the areas were identified through call-ins from citizens and notifications made to Public Works employees that were out working in the field. Council Member Feldhaus encouraged any citizen who thought that a City sign was faded out or unidentifyable to call the Public Works Department. 160 A12. A13. 160 160 A14. 113 A15. A16. 113 179 A17. +- Accept the low bid of McMahan Business Interiors, in the amount of $26,077.60 (excluding tax), for sixty-five ergonomic chairs for the Public Utilities Department in accordance with Bid #6282. Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase order to Canada Power Products, in the amount of $154,765 (excluding tax), for controllers, motor operators, cable and enclosures for seven existing multi-way subsurface switches for a switch automation project at Harbor Boulevard. Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase order to S & C Electric Company, in the amount of $33,143.30 (excluding tax), for one automatic transfer switch. RESOLUTION NO. 2002R-88 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (Finance Department). RESOLUTION NO. 2002R-89 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (City Attorney's Office). Accept the CEQA Study and approve a Negative Declaration for the Haskett Library Expansion Project. ANAHEIM CITY COUNCIL MEETING MINUTES MAY 7,2002 PAGE 6 A18. 142 129 A19. 123 A20. 123 A21. A22. 113 153 A23. 153 A24. 174 A25. 174 A26. .,.- ORDINANCE NO. 5811 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Chapter 13.10 to Title 13 of the Anaheim Municipal Code regulating the use of skate parks and skateboarding facilities. Appoint Acting Fire Chief Roger Smith as Anaheim's alternate board member to the Orange County-City Hazardous Materials Emergency Response Authority Board of Directors. Approve and authorize the City Manager to execute the Workforce Investment Act Vendor Agreement with Softect Solutions, Inc., in an amount not to exceed $100,000 for provision of occupational skills training services. Approve and authorize the Mayor to execute the Second Amendment to the Community Service Activities Agreement with the County of Orange for continuation of the Workplace Employment Program for welfare recipients through the Anaheim Workforce Center. RESOLUTION NO. 2002R-90 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (Planning Department). Authorize the Human Resources Director to enter into an amendment to an agreement with Reliance Standard Life Insurance Company for the addition of an age rated supplemental life insurance program fully paid by the employees at no City expense for all full-time employees, excluding employees represented by the Anaheim Police Association. RESOLUTION NO. 2002R-91 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the General Truck Drivers Union, Local 952 and the City of Anaheim, changing the effective date of a negotiated general wage increase. RESOLUTION NO. 2002R-92 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Service Employees International Union, Local 1877 and the City of Anaheim, changing the effective date of a negotiated general wage increase. RESOLUTION NO. 2002R-93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 97R-101 which established rates of compensation for unrepresented part-time job classifications. RESOLUTION NO. 2002R-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Chief of Police to submit a grant proposal on behalf of the City of Anaheim to the Office of Criminal Justice Planning for the Suppression of Drug Abuse in Schools Grant Program. RESOLUTION NO. 2002R-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Chief of Police to submit a grant proposal on behalf of the City of Anaheim to the Office of Criminal Justice Planning for third year funding for 123 114 179 179 ANAHEIM CITY COUNCIL MEETING MINUTES MAY 7,2002 PAGE 7 the Positive Alternatives Program (PAP) component of the Delinquency Prevention Program. A27. Approve and authorize the Public Utilities General Manager to execute agreements and other related documents with Cantor Fitzgerald Brokerage, Automated Credit Exchange, Natsource LLC, Boldwater LP and Market-Based Solutions, Inc. to purchase regional clean air incentives market trading credits to meet the requirements of the Anaheim combustion turbine generator for the years 2002 through 2011. A28. Approve minutes from the Council meeting of April 9, 2002 and April 23, 2002. City Clerk, Sheryll Schroeder, announced that there were changes to the April 23, 2002 minutes under the Council Communications section as requested by Council Member McCracken. Minutes of April 23, 2002 were unanimously approved as amended. END OF CONSENT CALENDAR 6:00 P.M. PUBLIC HEARINGS: C1. VARIANCE NO. 2002-04489 CATEGORICALLY EXEMPT - CLASS 5: OWNER: Barbara Cotler, 4747 Forman Avenue North Hollywood, CA 91602 AGENT: Imperial West, LLC., Attention: Pablo Villanueva 12741 Bellflower Boulevard, Downey, CA 90242 LOCATION: 739.743 and 745 North Harbor Boulevard. Property is approximately 0.45-acre with a frontage of 180 feet on the west side of Harbor Boulevard located 180 feet south of the centerline of North Street. Requests waivers of a) minimum front yard setback and b) orientation of residential structures adjacent to arterial highways to construct three single-family residences. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 2002-04489 granted (PC2002-50) (5 yes votes, Commissioners Boydstun and Vanderbilt absent). (Informational item at the Council meeting of April 9,2002, Item B5. Review of the Planning Commission's decision requested by Mayor Daly and Council Member Feldhaus). City Clerk, Sheryll Schroeder, announced that a request had been received from the agent to continue Variance No. 2002-04489 to May 14, 2002. Mayor Daly moved, seconded by Council Member McCracken, to continue Item C1 to May 14, 2002 as requested by the agent. Motion carried unanimously. C2. CONTINUED PUBLIC HEARING: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2001-04494 (READVERTISED) AND NEGATIVE DECLARATION: OWNERS: Splinter Investments, Inc., Attn: Dan Moore 8 Turtle Bay Drive, Newport Beach, CA 92660 ...- ANAHEIM CITY COUNCIL MEETING MINUTES MAY 7, 2002 PAGE 8 Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, #1003, Anaheim, CA 92805 AGENT: Woody Chevrolet, Sherwood Oklejas 215 South Euclid Street, Anaheim, CA 92802 LOCATION: 273 and 275 West Manchester Court and 214 North Loara Street (Parcel A) and 1561 West Lincoln Avenue (Parcel B). Parcel A is approximately 0.80- acre located at the southeast corner of Manchester Avenue and Loara Street. Parcel B is approximately 0.2-acre at the northeast corner of Lincoln Avenue and Loara Street. Requests approval to establish land use conformity with existing Zoning Code land use requirements for an existing telecommunications monopole with accessory ground- mounted equipment on Parcel A and to permit a used auto sales facility with waivers of a)minimum parking lot landscaping, and b) minimum landscaped setback on Parcels A and B. Note: The Conditional Use Permit was readvertised to add the property located at 214 North Loara Street to Parcel A and the property located at 1591 West Lincoln Avenue to Parcel B. ACTION TAKEN BY THE PLANNING COMMISSION: Waiver of Code Requirement approved, in part, denying waiver (a) and approving, in part, waiver (b) (5 yes votes, Commissioner Koos abstained and Commissioner Vanderbilt absent). Conditional Use Permit No. 2001-04494 granted; automobile sales facility to expire January 28, 2004 (PC2002-16) (4 yes votes, Commissioner Eastman voted no, Commissioner Koos abstained and Commissioner Vanderbilt absent). Negative Declaration approved. (Informational item at the Council meeting of Fehruary 12, 2002, Item B3. Review of the Planning Commission's decision requested by Mayor Daly and Council Member Feldhaus. Continued from the Council meetings of March 19, 2002, Item C2 and April 23, 2002, Item C4). Council Member Tait declared a conflict of interest and left the Council dias. Zoning Division Manager, Greg Hastings, presented a staff report and stated that the request had been readvertised to expand the property to include a Redevelopment-owned parcel with frontage on Lincoln Avenue. The added parcel had been separated from the three applicant- owned parcels by a 20-foot wide strip of CalTrans property that the applicant wished to acquire in the future and staff had continued to work with CalTrans to achieve the land, he said. The request would allow an interim, used car lot and would legalize a non-conforming, 85-foot high telecom monopole that was constructed in 1994 prior to conditional use permits being required for those, he said. Planning and Redevelopment staff had worked closely to analyze the request in coordination with the long-term vision for the area, he noted, and said that staff recommended the two-year auto sales that would allow for the acquisition of the remaining CalTrans parcels and subsequent processing of the permanent conditional use permit for the dealerships location. He noted that due to the temporary nature of the request, the applicant was asking for landscape waiver adjacent to the street frontage. The Code required a 10-foot wide landscape planter adjacent to Lincoln, Loara and Manchester for a total of 18 trees in the planters. The applicant proposed no landscaping on the parcels, he owned, however, Redevelopment would provide the required landscaping on the Lincoln Avenue parcel and along the railroad right of way. He said that because of the potential for the future abandonment of Manchester Court and Loara Street, staff was in support of the Planning Commission's decision to waive the planting of the trees along Manchester and Loara and still require a ten-foot wide landscape planter along those streets to provide temporary landscaping for the project. He -- ANAHEIM CITY COUNCIL MEETING MINUTES MAY 7, 2002 PAGE 9 explained that Redevelopment would install the Code r~quired trees along Lincoln Avenue. If Council approved the conditional use permit, he added, staff recommended a limit to Condition No. 17 as shown in the Council staff report as well as including a new condition to ensure that the temporary use of the site remained accessory to the main dealership that currently existed on Euclid Street. Mayor Daly asked if the proposed action affected the south side pole of the telecommunications monopole. Manager Hastings responded that the conditional use permit would be applied to the monopole since it was constructed prior to requirement of a conditional use permit. Code required that when there was a new conditional use permit on a piece of property, which was being requested by the auto dealership, that all other uses that required a conditional use permit contain one. It was basically the conditional use permit for the monopole that would bring it from its grandfather status, he added. Mayor Daly asked if there would be any time limit on the monopole and Manager Hastings said that the City Attorney's Office had indicated that they were unable to do that under this type of process. Mayor Daly asked about the used car operation and Manager Hastings stated that staff had recommended a two-year period and that was what the Planning Commission had approved. Manager Hastings added that it would be a two-year period from the date the Council took an action. Mayor Daly asked about a schedule for the construction of the permanent auto dealership at the site, including the new car sales. Executive Director of Planning and Community Development, Joel Fick, stated that some of the time frame was involved with the acquisition of the adjacent pieces of property and staff and the applicant were actively worked on acquiring the sites. Mayor Daly asked about the landscaping requirement and Director Fick said that there was a re- advertisement that took place during the continuances of the Council meeting, which added the additional sites which he said the Planning Department believed was in the best interests of the property. In response to Mayor Daly, he responded that the financial arrangement would be a separate issue on the two City-owned parcels. Mayor Daly noted that the Redevelopment Agency would be funding and installing the landscaping along the Lincoln frontage and Director Fick stated that would be something that the Agency would discuss and add into the agreement and it would be brought back to Council. Mayor Daly asked if this would include the entire frontage, including the CalTrans piece, or just the Redevelopment Agency-owned piece and Director Fick stated that it would be just the Agency portion of the frontage. Mayor Daly noted that the CalTrans piece of property would be un-improved until the ownership changed and Director Fick said that was correct and that would be the property involved in the new car dealership. Mayor Daly said that if the waiver was granted, the only landscaping would be the Redevelopment Agency owned piece of property along Lincoln and Director Fick said that was correct. Mayor Daly asked Director Fick to explain what the Planning Commission's landscape requirement was. Director Fick stated that Planning Commission had granted the waiver, only with respect to the installation of the trees, thinking that was a more permanent aspect of the landscaping to enhance the visual frontage and not put in permanent landscaping that would be problematic down the line. He said that the Commission required that some type of landscaping, such as shrubs or ground cover, be installed next to the street frontages. Mayor Daly asked what properties would be used in the interim two-year period and was there a potential for the CalTrans piece to be used during the two-year period. Director Fick explained - ANAHEIM CITY COUNCIL MEETING MINUTES MAY 7,2002 PAGE 10 that the only way that could be used is if it came back for a conditional use permit and the subject of a hearing. He added that it was not part of this application. Mayor Daly said that the only parcels that were part of this action were the parcels labeled Sherwood Oklejas or City of Anaheim Redevelopment Agency and Director Fick said that was correct. Mayor Daly said if the Planning Commission action was upheld, there would be landscaping on a portion of Lincoln on the City owned parcel. Director Fick informed that there would not be trees down Loara Street since at some point in time, when a permanent development came in, which could be within a two year time period, there may be reconfiguration of the streets, abandonment or some other physical array of the streets. There was not a recommendation from staff or a condition from the Planning Commission to install trees, he said, and there was a condition that some landscaping, ground cover and shrubs, be installed along Loara and Manchester just for over all beautification. Mayor Daly asked what standard and level of landscaping would be used on the City's piece of property. Director Fick stated that on the City's piece of property there would be ten feet of landscaping and it would be Code compliant and would include the trees on that piece of property and would expire, in concept, in two years. Mayor Daly opened the public hearing. Leisen Pomeroy said he was an architect and representative of Woody Oklejas, the applicant. He stated that all efforts were being made to develop a considerably large, multi-story dealership on the site and that it included the abandonment of Manchester. He said that Mr. Oklejas owned two or three of the parcels that had some old industrial buildings on them and he had intended to clean up the site, take down several of the buildings and leave up one small building to act as the sales building in two years, less the construction time. He informed that this would be to sell used cars from the location and then at the two-year time, everything would be demolished when all of the land was acquired, the building designed and built. He said that Mr. Oklejas was concerned about the investment in the landscaping which would be demolished in two years and he added that there would be no hope of saving any of it because the landscaping on Manchester would be under the building and the landscaping along Loara would be trampled by a four-story building being built over or adjacent to it. Mr. Oklejas was also concerned about the cost of the landscaping and then removing it in less than two years. Taking ten-feet of frontage on two sides reduced the amount of vehicles to be placed on the property and created a hardship from an economic point of view in terms of sales, finalized. Mayor Daly asked if the existing used car operation continued at Anaheim Chevrolet on Euclid Street and Mr. Pomeroy said he believed that Mr. Oklejas had rental income from the building there. Mr. Pomeroy said he believed that Mr. Oklejas would like to tear down the buildings and beautify the site, start a vehicle operation there and offset the income from the existing buildings on the site. Mayor Daly asked if the dealership would resemble any of the existing dealerships and Mr. Pomeroy said that the dealership was breaking new ground and there was an interest by General Motors in a particular building and Woody Oklejas was working with them. He said that the idea was that this was a multi-level building with all the service facilities tucked into it and storage of vehicles within the building. It had a multi-story glass facade on the freeway and would be an opportunity to display cars to the freeway, he said, it had a large public plaza space, water features and an outdoor kiosk for sales and displays for automobiles. Mayor Daly asked if any of the buildings would be below grade and Mr. Pomeroy said that it would be a half level down for the service and the land changed and fell down about five or six feet there from Lincoln onto the site. ANAHEIM CITY COUNCIL MEETING MINUTES MAY 7,2002 PAGE 11 Council Member McCracken asked Mr. Pomeroy if he was working on a temporary design and he said that he was. She asked what his vision was, if it was not landscaping, for the property and if anything would be done to make the property attractive for two years. He said that the site currently had a metal element that was a low fence or a barrier that prevented automobiles from being stolen and that was the edge of the property. He said that there was no sidewalk and blacktop and that there was a transitional zone where the security element was and it was not landscaped. The reason was that they were trying to get as many cars as possible on the property so it would work effectively and financially, he said, and that money would be spent on the landscaping and then it would be torn down in such a short time. He added that, when driving down Lincoln, it was not seen since the site dropped down and the City's landscaping would be seen along Lincoln and the entire corner was cut off by the rail easement. Mayor Daly stated that from the Freeway, it was one of the most visible sites because of the slope and two years was a long time. He said he was concerned about how it would look and asked Mr. Pomeroy if he had thought in terms of dressing up the site for 24 months and he asked Director Fick if there was any pole signage and he said there was not and that it was the one remaining building with wall-signage on it. Mayor Daly noted that it was an asphalt lot with green barriers all the way around the site. Mr. Pomeroy addressed Mayor Daly's statement about being seen from the freeway and said that he did not believe that the ground could be seen from the freeway, the building was there and would be a landmark into the City. He said if ground cover was placed there, it would not be visible. Mayor Daly said he believed that the CalTrans site was visible and sloped down towards the freeway off ramp. Mr. Pomeroy said that from Lincoln, all that would be seen was cars. Mayor Daly asked if there were any limitations in terms of balloons or other objects used at car dealerships since the signage appeared to be minimal. Director Fick stated that the zoning was self-limiting since the zoning on the property was industrial rather than commercial and would not allow that but may be permitted with a special permit. In response to Mayor Daly, Mr. Pomeroy said that was a transition and that this was a two-year period of cleaning up the site, pave it, place cars on it and then in two years, a beautiful building would be placed there. Council Member Kring asked how many more cars could be placed on the property if the dealership did not loose ten feet. Mr. Pomeroy said he guessed it would be about 60 cars. Council Member Kring asked when the new building was done in two years, because of the multiple layering, the dealership would be able to get more cars in and Mr. Pomeroy responded that the Chevrolet dealership would be able to get over 1,000 cars on the site. Mayor Daly closed the public hearing. . Director Fick said that staff recommended, if the applicant was agreeable to this, a new condition be added to Condition No. 17 to ensure that the temporary use of the site remained an accessory use to the main dealership that currently existed on Euclid Street. He said that other than that exception, staff's recommendation was consistent with the Planning Commission recommendation. Council Member Kring said that she agreed with Mr. Pomeroy and if that much landscaping was placed around there as a temporary use and it would be ripped up in two years and not visible anywhere from the freeway or off of Loara, the cost would be punitive when he would have an _."'-~- 179 ANAHEIM CITY COUNCIL MEETING MINUTES MAY 7,2002 PAGE 12 incredible building within two years or less. She said the City should help him get the CalTrans property. Mayor Daly asked what the chances were that it would be less than two years and Joel Fick stated that there was a possibility that it could happen in the two year time period, in the event that things happened rapidly with CalTrans and there were two parcels that had to be acquired. Mayor Daly moved, seconded by Council Member Kring, to approve the CEQA Finding of Negative Declaration. Motion carried unanimously. Mayor Daly added the language that staff had recommended for the Conditional Use Permit. Director Fick stated that the language would read that it remained accessory to the main dealership that currently existed on Euclid Street. Mayor Daly said it reflected the spirit of the Council to waive the landscaping on Loara and Manchester since Manchester was likely to be removed sometime within the next two years and a whole range of new landscaping would be installed on all parts of the property, including the Loara frontage and he noted that there may not even be a Loara frontage if the roads were re- planned around the site. He said that this included the waiver on those two frontages only. The landscaping on Lincoln Avenue would still be required and he asked if the property owner would maintain the landscaping and Director Fick stated that it would be addressed in a separate lease agreement. Mayor Daly offered Resolution No. 2002R-96, approving Conditional Use Permit No. 2001- 04494 with the change to Condition No. 17 and the waiver of the landscaping on Loara and Manchester Streets. RESOLUTION: 2002R-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHIEM GRANTING CONDITIONAL USE PERMIT NO. 2001-04494. Roll call vote: Ayes --4, Mayor Daly and Council Members McCracken, Feldhaus, and Knng. Noes - O. Abstain - 1, Council Member Tait. Motion carried. Conditional Use Permit No. 2001-04494 approved with the added condition that temporary use of the site remain an accessory use to the main dealership on Euclid Street. Landscaping on Loara and Manchester Streets waived and landscape on Lincoln Avenue required. Staff directed to submit concept plans of the new dealership to Council, particularly signage and height aspects. C3. CONDITIONAL USE PERMIT 4125 AND NEGATIVE DECLARATION: OWNER: California Drive-In Theaters 120 North Robertson Boulevard, Los Angeles, CA 90048 AGENT: James Beam, 3745 West Chapman Avenue Orange, CA 92868 LOCATION: 2150 South State ColleQe Boulevard. Property is approximately 8.48 acres with a frontage of 635 feet on the east side of State College Boulevard located 280 feet on the south side of Orangewood Avenue (Orange/Anaheim Swap Meet). ....... ANAHEIM CITY COUNCIL MEETING MINUTES MAY 7, 2002 PAGE 13 Requests reinstatement of this permit by the modification of a condition of approval pertaining to a time limitation (approved on April 09, 2001, to expire April 09, 2002) to retain an outdoor swap meet facility. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 4125 granted (PC2002-41) (7 yes votes). Negative Declaration previously approved. (Informational item at the Council meeting of March 26, 2002, Item B8. Review of the Planning Commission's decision requested by Mayor Daly and Council Member McCracken). Executive Director of Planning and Community Development, Joel Fick, stated that two months ago the Planning Commission had approved a second reinstatement for the Conditional Use Permit for an additional two years and to expire April 9, 2004. He said that staff had consistently recommended that the use, as a long-term use, would not be consistent with the City's goals, plans and programs for the area. He said that the City was actively working with the applicant on the complicated site, which split the cities of Anaheim and Orange. He said that staff was working with a potential land use alternative with the property owner. The applicant had submitted a letter, he said, that requested the reinstatement expire June 21,2003. Staff did not object to the permit as presented, he said. Mayor Daly noted that the deadline, as submitted by the applicant in their correspondence. was June 21, 2003, and that staff was considering a replacement use for the site. Mayor Daly opened the public hearing and hearing no testimony, closed the public hearing. Mayor Daly moved, seconded by Council Member Kring, to approve the CEQA Finding of Negative Declaration. Motion carried unanimously. Mayor Daly offered Resolution No. 2002R-97 for adoption, incorporating the date of expiration for the extension on Conditional Use Permit No. 4125 as June 21, 2003. RESOLUTION: 2002R-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 4125. Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes - O. Motion carried. 179 C4. RECLASSIFICATION NO. 2002-00067 VARIANCE NO. 2002-04480 AND NEGATIVE DECLARATION: OWNER: Daniel E. Stauffer, 23861 EI Toro Road, # 700 Lake Forest, CA 92630 David Gabaee, 10701 Wilshire Boulevard, Los Angeles, CA 90024 AGENT: Marko Botich, 16630 Aston, Irvine, CA 92660 LOCATION: 2823 West Ball Road. Property is 0.57-acre with a frontage of 110 feet on the north side of Ball Road, located 328 feet west of the centerline of Dale Avenue. Reclassification No. 2002-00067- Requests reclassification of this property from the RS-A-43,000 (Residential/Agricultural) zone to the RM-1200 (Residential, Multiple- Family) Zone, or a less intense zone. ANAHEIM CITY COUNCIL MEETING MINUTES MAY 7,2002 PAGE 14 Variance No. 2002-04480 - Requests waivers of a) maximum structural height and, b) minimum structural setback adjacent to an arterial highway to construct a two and three- story, 18-unit apartment complex. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 2002-00067 granted (PC2002-44) (4 yes votes, Commissioners Eastman and Koos voted no and Commissioner Vanderbilt absent). Variance No. 2002-04480 granted, in part, approving waiver (a) and denying waiver (b) (PC2002-45). Negative Declaration approved. (Informational item at the Council meeting of April 9, 2002, Item B1. Review of the Planning Commission's decision requested by Mayor Daly and Council Member Feldhaus). Zoning Division Manager, Greg Hastings, said that the vacant property was designated in the General Plan for medium density residential land use which allowed up to 36 dwelling units per acre and for this particular property, that equated to twenty units on the site. The applicant had requested a rezoning from residential, agricultural zone to the RM-1200 zone in order to match the zoning designation in the four parcels to the west, he said. The property to the north was zoned single-family residential and to the east was zoned commercial. He said that the proposal was for 18 two-bedroom units with an underground garage and the project met all zoning requirements with the exception of a definition of a story. Even though the underground garage did not extend above ground level, he said that by definition of the Zoning Code it was still considered a story for purposes determining height. Code allowed a one to two-story building at the location, counting the basement, he said, which would be two to three stories. From the street and surrounding properties the project would appear as a one to two-story building. Staff had worked closely with the developer to obtain the highest quality project possible to give site constraints for the property. The applicant would provide final detail plans, as conditioned, he said, to demonstrate enhanced features to the court yard, landscaping, elevation treatment, mechanical equipment, screening and signage. A significant amount of opposition occurred at the Planning Commission hearing, he said, and the concerns of the community were focused around additional apartment construction in west Anaheim rather than the design quality of the apartment project. In response to the concern, staff had researched all the property west of Euclid Street that was designated medium density residential in the general plan and staff had found six other such sites that were vacant, he informed, and they ranged in size from about 1/3 to % of an acre and average about ~ acre each. He said of the six parcels found, it totaled about 2.7 acres. He said that Council may wish to note that all of the medium density residential lots were being studied as part of the general plan zoning code update study. Although several other vacant lots existed in west Anaheim, they were not designated in the general plan to allow for apartment densities, he noted. There had been no apartment entitlement requests in west Anaheim in the last decade and he added that staff continued to promote lower density ownership housing instead. In response to Council Member Kring, Manager Hastings stated that staff had worked closely to obtain the best design on the site and the concern appeared to be apartment units for west Anaheim. In relation to the project, he said staff was comfortable that this was one of the best designs to be achieved on the parcel for an apartment complex. Mayor Daly asked if staff had given consideration to combining lots in the neighborhood and involving the Redevelopment Agency in presenting other choices or concepts realizing that there was a development so close to the open site and there was a school and junior high next. Director Fick stated that it was not a site that was identified in the west Anaheim vision plan for - ANAHEIM CITY COUNCIL MEETING MINUTES MAY 7,2002 PAGE 15 uses other than residential. He said that the density was subject to the finalization via the zoning and a legislative decision would be up for Council approval for whatever the property would be rezoned. Since it was outside the project area it was not looked at as being a acquisition or combination lot. Mayor Daly opened the public hearing. Bob Mickelson spoke about the project and said that before Council was a Reclassification to rezone the property from RS-A-43,000 to the RM-1200 which was consistent with the land use element of the general plan and a variance which he said he believed was very technical because the definition of a basement within 150 feet of single-family residential was defined as a story. He said that this was not a three-story building; it was two stories above grade with fully subterranean parking and the basement was used strictly for parking. He said he was proposing eighteen units on the lot and if it was zoned RM-1200, consistent with the general plan, it would allow 20 units. The units were two-bedroom, two-bathroom and ranged from 825 to 844 square feet, he said, and had kitchen, living and dining rooms and had a hook up for a washer and dryer and he was attempting to make this a home for people and make it a place to stay and not have a high turnover. He said that there was a laundry room for those who did not wish to have a washer or dryer and there were common recreation and leisure spaces and each one had their own private deck on the second floor and each one had its own private patio on the ground floor. There were storage lockers in the parking garage for every parking space and then there was an additional storage room of approximately 600 square feet for bulky items, he explained, and that would be managed by the on-site manager. There was gate controlled access for both vehicles and pedestrians and it met and exceeded all of the requirements of the RM-1200 zone and property owners adjacent to and behind the parcel were not opposed to it, he added. He spoke about discussions of the project at the Planning Commission meeting and said that the site was not included in the west Anaheim vision plan and was not identified as potential for redesignation. He said that the site was one of the few in west Anaheim that staff had consistently found acceptable for multi-family use and he said he had been working with staff for many months to try and come up with the best project for the site and for the area. He said that he believed that there was a need for a variety of housing as spelled out in the general plan and he said that the project was the best and most appropriate use for the site. He said that this would give the City the opportunity to implement the Land Use and Housing Elements of the General Plan and make a dent in the need for housing. He said commitments had been made to the Planning Commission to have the units professionally managed and it would require a full time, on-site manager. Architect Marco Botich stated it was a very difficult project to prepare because of the various setbacks and requirements that the City's ordinance had. He said it was developed as subterranean parking and not deck housing and he noted that the Planning Department had been concerned that the project could be construed as a three-story because of the subterranean parking. He said that in working with the staff, he had come up with a very favorable project. He said that the project was mainly two-story and the driveway, as it went to the subterranean, exposed one piece as three floors. He said that the project was old world style with colors of tuscan architecture and stucco and he added that he had succeeded in meeting the ordinance requirements such as landscape, fencing and trees. Mr. Mickelson said that there was a deck over the parking but the deck was grade level and would be landscaped and there was dirt all around the parking garage so that trees could be planted and there would be colored, textured concrete that would be high quality with potted ANAHEIM CITY COUNCIL MEETING MINUTES MAY 7,2002 PAGE 16 trees and raised landscape in the courtyard area. Air conditioning units would be small, individual, roof or patio mounted units and would not be visible, he added. Lori Horn, John Stewart Company, said that her company had taken an active roll in tenant screening and selection criteria to make sure that the residents moving in the area would enhance the area and not cause problems that the people of west Anaheim had indicated. She said that her Company had seen a need for housing, there had been a 23 percent increase in population and a 6 percent increase in housing in west Anaheim. She said she believed that through proper tenant screenings and criminal backround checks that quality tenants would move into the property that would help the tenant population of west Anaheim. Mayor Daly asked if the Stewart Properties had other properties in the City and Ms. Horn responded that they did not manage any other property in the City and did have properties in Orange County. Director Fick clarified that the project was in the Redevelopment Project area as was noted in the staff report and the Redevelopment staff had indicated that there were no discussions so far or plans for consolidation. Judy Johnston said that her neighborhood had drugs and violence and now the neighborhood was working together to make the area better, but had experienced some thefts. She expressed her opposition to the project and added that others areas of the City could accept the high-density housing, which she said increased the crime levels. Colleen Saunder said that the need for housing did not necessarily mean the need for apartments and she said that single homes in a gated community would be nice. She asked that west Anaheim look like east Anaheim. Esther Wallace, Chairman of the West Anaheim Neighborhood Council and also a member of the Magnolia School Board, said that there were quite a few people in the audience from west Anaheim and she asked those in the audience to rise. She said that the people wanted green space and parks and that they knew what it was like to live in a neighborhood with a bad apartment. She asked, on behalf of the West Anaheim Neighborhood Council group, that Council not approve the reclassification of zoning from agricultural to medium density. She said that the group questioned the apartments being deluxe since they were only 850 square feet and there were other apartments bigger than that in the west Anaheim area. Ms. Wallace read a letter submitted by Steve Stavely who had lived in the west Anaheim neighborhood where the apartments would be going up. Ms. Wallace read that "The housing stock in the City was nearly 50 percent renter occupied and most of that was multifamily dwelling units and most were in the western portion of the City and that west of Euclid Street was mostly impacted. Most of the units were built in the 1960's and 1970's and there was not anyone who believed that there was great community success as a result of the large number of apartments and older buildings. Some of the community problems associated with a very heavy use of Maxwell Park and other community facilities could be attributed to the imbalance between owner-occupied residences and rental properties. The higher density was often a problem for safety services and both types of housing were necessary in the community." She read that "The City had become out of balance and a lack of balance created traffic, litter, noise and infrastructure issues such as sewer and water. Police and Code Enforcement problems were often associated with high density and inadequate parking and the lack of balance directly impacted the community as a whole. The Magnolia Elementary School District had three ANAHEIM CITY COUNCIL MEETING MINUTES MAY 7,2002 PAGE 17 schools with over 100 percent turnover each year and the relatively more transient nature of apartment dwellers versus homeowners created much of the turnover. Multifamily dwellings could be positive for the community and could be developed to provide stable and suitable housing for residents with live-in, quality managers and positive maintenance programs to prevent deterioration and the development of pockets of crime. The density of the units, when concentrated as they were in the west Anaheim area, made the best design and managed facility more problematic then they may otherwise be. It would not be positive for the City to allow even one more apartment building to be constructed in the community since the infrastructure was already stretched, the schools were overburdened and the number of buildings around that needed substantial improvement were obvious. Driving down Ball Road from Magnolia to Beach Boulevard there were a number of cars parked on the street and not having adequate parking on site negatively impacted traffic, parking and pedestrian traffic in the area. The property tax generated from the building of the apartments would allow the City and the school districts to provide necessary services. Single family or multi family residential dwellings did not provide enough property tax revenue to compensate either schools or cities for the additional burden and they were economic losses. He was opposed to building multi-family dwelling units in west Anaheim." Ms. Wallace reported that the crime rate at the northwest corner of Dale Avenue and Ball Road was 127 percent above average. In the late 1980's, approximately 1,500 apartments were stopped from being built in the area between Beach Boulevard and Magnolia Avenue. She said that there were 1,500 rooms in the 39 motels that were not counted as apartments and she said that there was probably a family living in each of the rooms and that this happened all over the City. In all of west Anaheim, she said that one out of three dwellings was a single-family home and from Knott Avenue to Beach Boulevard, one in four dwellings was a single-family home. She said that more single-family homes were needed and not apartments. She spoke about the Magnolia School District and said that the population in school increased by 62 percent. There were large lots in west Anaheim and one was on % of an acre and a developer who wanted to place apartments there had approached the owner of that property. The land from the proposed project could be used as a parking lot for the church that was close by, she added. She said that west Anaheim was getting to be a ghetto in the middle 1990's and there was crime, prostitution and drugs and she said that there were many homeless people also. Vic Real spoke on behalf of West Anaheim Neighborhood Development group and the Magnolia Manor Estates and said there was an over-supply of high-density apartments and the City had allowed motels to become permanent residences. He said the quality of life was decaying and to place 18 apartments on a /'2 acre lot was too much. Filling empty lots with apartments would defeat the purpose of what WAND had done for many years to eliminate congestion. He said that any time, day or night, west Anaheim was known for many years for women of the night, drugs and overpopulation. He asked Council to address the group's concerns. He said that he believed that the City had a vested interest at the State level to plan effectively, throughout the City, for higher density apartments or low cost housing. He said that west Anaheim would like to see open green space where children could go play and asked that the Council vote no on the item. Gabriel Gollette said he was in four different schools before he got into third grade because there were too many children in the school district The teachers did not have enough space to teach the children. Bill Lane said he was opposed to the apartment project and said that he was concerned where all the vehicles would go from the 18-units. He said he believed that the underground parking ANAHEIM CITY COUNCIL MEETING MINUTES MAY 7, 2002 PAGE 18 would not be enough for all of the automobiles. He said he lived in the area where the 1-5 and 91 Freeway construction took place and apartments had been taken out to make room for the freeway and the crime and graffiti had dropped dramatically. There were still apartments over past Orangethorpe on the Anaheim side; parking and traffic were terrible. He said that Ball Road did not need anymore high-density. Charles Bradley said that he was a member of the West Anaheim Neighborhood Development group and west Anaheim had 42 percent of all the apartments in the City and it was too congested. He said that the schools were filled up and he said three children from one apartment would have to be bussed to three different schools because there was no room for them. He added that he was not against apartments and that there were three senior citizen apartment complexes in the City at Gilbert and Ball Road, Lincoln west of Brookhurst and Lincoln between Western and Knott Avenue. The proposed apartment site would make a better parking lot for the Buddhist Church than apartments, he said. He noted that the State needed more affordable living units and that they were not needed in west Anaheim. He added that there should be one family for each of the 18 units and he said that there maybe more than one family living in a unit. Patricia Kotter stated that she was opposed to the project and she was glad that the City was aiming for higher quality projects in the City and that this project was not necessary in west Anaheim. She mentioned that she had asked the Planning Commission to deny the project and heed the wishes of the west Anaheim residents. She mentioned that Council Members should maybe be elected by districts so that each neighborhood would have a voice. She said she was a teacher in a year-round school and the school district had to go year-round because of over crowded conditions. She noted that children are not tested the first day because they may not be there that long and if the City put in more apartments, the teachers would have more students and the teachers and school districts were already over burdened. She suggested that Disneyland let their employees rent rooms in the hotels to reduce the apartments that were needed. She said that there would not be a need for all the cars and traffic would be reduced and they would hopefully have pride about where they live. She said that the City had spent millions of dollars to renovate Jeffrey Lynne and the number of apartments was reduced. She asked that apartments in west Anaheim be reduced and improved. Bob Carter stated that the West Anaheim Neighborhood Development group was present to request that Council vote to uphold earlier decisions to lower density wherever possible and promote higher-quality ownership situations. In west Anaheim, he said any increase in density was critical and even one or two small units would affect the area with excess traffic. He noted that the developer had said he would bring variety to the neighborhood and Mr. Carter said that more apartments was not variety. He said what west Anaheim needed was step-up housing for people coming out of apartments that want to own something such as condominiums and he said that this would be a good spot for condominiums. Joan Leantas said that no amount of management could get around certain laws, according to her knowledge of property management. She said that Housing and Urban Development had laws about discrimination and some of the people that would be considered discriminated against would be illegal drug users and alcohol users and the handicapped could not be discriminated against and no amount of property management would change that. She spoke about zoning and the height of the project and that there were height restrictions from visibility that the use of the building itself did not even come into play. She had been told that unincorporated areas could not be incorporated because there was not enough parks or sewers and she was astounded at how many people legally, that could not be discriminated against if ...- ANAHEIM CITY COUNCIL MEETING MINUTES MAY 7, 2002 PAGE 19 they wanted to live in the apartments of 850 square feet. She said it would be draining to the schools, sewers and parks and people that were citizens that had made a true commitment to the City. She said that people living in apartments could not afford beginning housing here in the City and they were looking at property in Corona. Rachael Vlemger said that she lived off of Beach Boulevard and Western by Twila Reid Park. She said she knew of people living in the motels that had two to three children and she said that it was a shame that some affordable homes, not apartments, could not be built such as condominiums. She said that apartments were not needed and that parks and places for children were needed. Lois Haybe said she had moved to the City 47 years ago from a crime-ridden area. She said she was a retired senior citizen and could not afford to go back to work. She said her home was an investment and she was concerned that her property value was going down with all the happenings in west Anaheim. She asked Council to consider the people in west Anaheim. John Sawyer said that he would be a 50-year resident in 2003 and that he was here when the population of the City was 14,000. He said that the citizens had lost their sense of community and were trying to take it back and work together to make improvements. Building more apartments in the City would make it harder for all of the citizens to live in the City. He lived in one of the first track houses built in west Anaheim and he said that a landlord owned the house next door and there were three families living in it and 11 cars. He said that the house on the other side of him was an owner with teenagers and had seven cars. Apartments surrounded his area and cars from the apartments parked on the streets and there were cars everywhere and it was congested. He said that west Anaheim did not need more apartments and if Council wanted to build something, build houses where people had an investment in their community. Apartment dwellers, for the most part, did not have any investment in their community he said. Paul Mercier, Superintendent of Magnolia School District, stated that the District had a number of concerns about the proposal and opposed the approval. He said schools in the area were already over crowded and the addition of an 18-unit complex would negatively impact the situation. He said that Lord Baden Powell School was the school for the proposed unit and it was built at the time to handle the community and it had 12 classrooms. He stated that 23 portable classrooms had been added to the site and two-thirds of the school was portable housing and approving the proposal would ignore the difficulties that the Magnolia School District was facing. He said that two years ago, the community voted with a 74 percent yes vote to support a school bond effort to modernize the schools. He said that strong schools benefited from a stable community and student population. The addition of more apartments to west Anaheim, an area that already had more housing that supported a transient population than any of the neighboring communities, did not align with the responsibilities to support the schools. Mr. Mercier added that by saying that this was the best plan for apartments or quality apartments was not the same thing as saying no more apartments and the community did not want them. He asked Council to make decisions built upon the interest of the community, including schools, and that would reflect visionary leadership. Paul Stewart said he was alarmed at the trends in the City and explained that he had lived in the City of Glendale and the City and the school district in Glendale had a problem because they had gone from 30 percent multiple-family housing and 70 percent single family homes. He saw the housing stock go to 65 percent multiple housing and 35 percent single-family housing. He said that the City of Glendale had tried to back zone their multiple zoning areas to try to stop the trend. He added that there was a flow of people out of Glendale because they did not want to ANAHEIM CITY COUNCIL MEETING MINUTES MAY 7, 2002 PAGE 20 live in a town that had so many multi-family dwellings. He said he hoped that the City of Anaheim would not fall into the same trend. Joanne Now said that she invested in the community and she had worked in schools and volunteer programs. She said she was concerned about having more apartments in the City and said that it brought a quality of living in west Anaheim that the next generation did not want to continue to live in the City. She thanked Code Enforcement for their efforts and noted that the neighborhood had gotten better because of them. Judithanne Gollette was present to represent West Anaheim Neighborhood Development, Land Use and Business Development Committee, West Anaheim's Neighborhood Action Council, and West Gilbert Neighborhood Pride Association and she said that a letter had been circulated in the last two days and within two-hours, she had over 150 letters signed. She said she believed that statements made at the Planning Commission were in error. She stated that one of the Planning Commissioners said that no apartments had been built in ten-years and she said that 250-senior, affordable units were being built now. She spoke about the crime rate and said that the Police Chief had said that there should be no more apartments in west Anaheim. She noted that the Planning Department reported that with regard to the general plan designation of parcels, that there are few parcels left in west Anaheim and designated as multi- family. She had been told by Redevelopment that no more apartments would be placed in west Anaheim and she said that the Planning Commission had approved the very first development that came in. She said if a master plan City was built people would come and if a highly dense community to house the poor was built they would come and she said she believed that the neighborhood would survive and thrive through diversity if there was a balanced community. She said that Redevelopment staff had said that some of the projects were better than what the City had and she asked if that was really acceptable and was it better or would the residents receive something that had a vision and was respectful. WAND was told that businesses would not come to west Anaheim and she was told the businesses come if they thought it was a proper area to come to. She said what would be brought in if businesses had an attitude that the area was bad. She said that 50 percent of the people that shopped at Ralph's did not live in the City of Anaheim. There was no landscaping except for box trees and WAND's land use mission statement requested that no apartments be built unless it was a one for one exchange or rehabilitation. The problem was regional, she said, and had a regional solution. She stated that there were approximately 1.1 police officers per 1,000 residents and in 2001, the State Department of Justice recommended to the City of Riverside that their city should have 1.5 police officers per 1.000 population for safety and she added that this did not include the thousands of tourists that came here. She said that the residents would like green open space, green landscaped streets and green tax generated dollars from neighborhood businesses coming to the City. Mr. Mickelson stated that there was clearly opposition to any more apartments in west Anaheim and he was encouraged by the fact that the site was designated on the general plan for multi- family and that it was recognized by staff as one of the few sites that had potential for mulit- family use. He said that other than the parking lot, other uses for that property did not make sense and there was no room to place single-family detached homes on the parcel and that it could not be financed or sold because of the location and surroundings. The architect did a study for condominiums and there would be room for only six, he said, and that was hardly enough units to have an association to govern the control of the common areas. He said he believed that the complex was appropriate land use of the site. He noted that he had taken great lengths to design the complex to deter crime and it had a gate controlled entry for vehicles and pedestrians, was surrounded by fencing and had defensible space and all of the units had .~. .....-. ANAHEIM CITY COUNCIL MEETING MINUTES MAY 7, 2002 PAGE 21 windows to look down into the court yards and areas where people may encroach upon the site. It provided a nice landscaped buffer to the two single-family homes behind it, he said. If the property were to be developed as a parking lot, the element of crime could bring itself up to the back door of the two homes and apartments next door since there would be open, uncontrolled space there. He said it was stated that he could not discriminate and that it was bound to be overcrowded and as many as three families would live in one unit. He said that he was on the Board of Directors of one of the Housing Authorities in Orange and he said that there were over 2,000 units in the State and there was no overcrowding. He said that he had taken two projects in Santa Ana and reduced the overcrowding and put it back into perspective of the proper number of units. He said that was done through pre-screening and rental contracts and constant surveillance and management. He said that he had received a letter from the High School District that stated the project was not an impact on the High School District. He said that parking met Code and there was enough parking and there was parking in the basement and parking for guests. The basement could be assigned parking so that there would no be problems and he wasn't talking about single-family home occupancy where there would be a large family and everyone had a car. Mayor Daly closed the public hearing. Mayor Daly noted that one of the speakers had said that west Anaheim was facing a turning point and there were many issues that needed to be dealt with in the community such as schools, parks and different types of housing. He said that there was a sense of on-going frustration in west Anaheim because of the planning mistakes of the past and Council had inherited the results of those mistakes. He said he believed that the City needed to be extra careful with planning in west Anaheim and there had been too many commitments from property owners that were not kept, properties had changed hands and City Codes and regulations were not in place to anticipate the properties changing hands. He said a good property owner could have sold the property to a slumlord and the neighborhood paid a price for that for many years and it had hurt the fabric of the community. He said that the site appeared to be appropriate for apartments but the sheer amount of frustration and expectations in west Anaheim was for better planning, more green open space and single-family housing. He said he believed that the City had a responsibility to try to provide those things and the residents had been asking for them for years. He said that this was a well-designed, worthy project and yet there were thousands of apartments already and many of them were not well managed. He said that it took millions of dollars of taxpayers money to chase down the bad managers and pay for code enforcement and rehabilitate property that had been managed into the ground. He saluted the people in west Anaheim for showing up and asking for and supporting better standards. Mayor Daly said he would be opposing the application for those reasons. He said that this was a very well done proposal but involved a rezoning of property and was in a neighborhood that was already out of balance. He directed staff to look into alternatives since the property was in a redevelopment area and taxpayers were funding redevelopment and he asked for choices for the neighborhoods in west Anaheim and Citywide. Council Member McCracken said that the schools were overcrowded and crowded schools were a fact of life all across the City and Council was working with seven school districts to remedy the situation. She said apartments were a challenge and that she shared the residents' concerns about their issues and schools. She said that apartments had been built in the eastern part of the City in the last ten years and there were the same types of issues such as density. She noted that there were thousands of senior citizens that were waiting for affordable housing and that was why the City was building senior housing because there was no place for them to go except for them to live with family members. She noted that two motels had just ANAHEIM CITY COUNCIL MEETING MINUTES MAY 7,2002 PAGE 22 been demolished and those were some of the issues that Council balanced and that they were working towards balance in the City. She mentioned Jeffrey Lynne and said that fewer apartments were made because they had all been one-bedroom apartments. The City worked at making Jeffrey Lynne affordable housing and it was a partnership with a non-profit that was willing to provide affordable housing for 55-years and the City was looking to do this type of thing in other areas of Anaheim. She said that the City was pressured by the State to provide more housing since the City had an increase in population and not in housing. She noted that she had been working at the State level to find some kind of funds to do rehabilitations and take down motels since they were costing the City. Council Member Kring noted that Council was working on green belts and expanding parks. There would be a new police station on Beach Boulevard with a community room and there would be a cross over into Schweitzer Park. She said that a lot of the commercial strip areas were being taken out because they were no longer feasible or successful and single-family homes would be placed there. She said the Regional Occupation Program property was in escrow with the builder who would like to place single-family homes there to improve the neighborhood. Because apartments had been poorly run in the past and the City was cleaning them up, did not mean that the 18-units would be poorly run, she said. With regard to Jeffrey Lynne, there were fewer units because most of them were one bedroom and because the families were so large, the City increased the bedrooms and most of the one-bedrooms went to two and three-bedrooms so larger families could go into those units. She said 'that the City could be fined $500,000 by the State if there was not a I-fousing Element prepared. It was not just Anaheim, she said, but all of Orange County and the City could use the money for a lot of other things rather than paying a fine. Council Member Tait said he had spoken to the Planning Director earlier about the 18-units being on 'V2 acre and that was referred to as medium density and he said it seemed as if it was high density. The property was not zoned for apartments right now, he said, and if it were he would have to vote in favor of it, as a matter of right. He said he did not believe that the owner should build apartments at that density even though he agreed that the architect and developer had done a nice job on the project. He noted that 50 percent of west Anaheim was apartments and it needed to be balanced and since this was a dense apartment project, it increased the chances of it not being run well. He said on this site with the number of apartments, it did not work. Council Member Feldhaus said that the west side of the City used to be the elite area until it was ignored by the policy makers of the City and then it grew worse and the citizens came together to plead with the City regarding the deterioration of their neighborhood. He said that he had spoken to the Planning and Zoning Manager and asked him to look into the feasibility of eliminating the RM-1200 zoning current general plan and use an RM-2400 zoning standard for building condominiums or townhouses. He said that he would like to see single-family housing built on lots with front porches on them so people knew who their neighbors were. He said that the new police substation was placed in the area because of the crime problem and it was blamed on high-density apartments and motels being lived in and were not up to Code and the City was now in the first stage of making a big difference. He said he would vote against the project. Council Member Kring asked if there were 27 parcels that were planned for multiple-family housing and Director Fick responded that there were six sites identified that were vacant in the west Anaheim area that were designated for medium density and ranged in size from 1/3 to % of an acre. She asked if the owner of the property could work with the City to develop ....- ANAHEIM CITY COUNCIL MEETING MINUTES MAY 7, 2002 PAGE 23 some other product for the property if the project was not approved. Director Fick stated that an applicant had the right to consider any other type of project if their project was not approved before the Council. Mayor Daly moved, seconded by Council Member Feldhaus, to approve the CEQA Finding of Negative Declaration. Motion carried unanimously. Mayor offered Resolutions Nos. 2002R-98 and 2002R-99 for adoption. RESOLUTION: 2002R-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A CHANGE IN ZONES SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED (RECLASSIFICATION NO. 2002-04480). Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes - O. Motion carried. RESOLUTION: 2002R-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 2002-04480. Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes - O. Motion carried. Mayor Daly directed staff to look into options and alternatives for the site. Director Fick noted that suggestions will be considered and included in the general plan study for the City. Report on Closed Session Actions: In connection with existing litigation entitled "In re: Ogden New York Services, Inc., et aI., U.S. Bankruptcy Court No. 02-40846-cb (SDNY)," City Attorney White announced that the Council approved (I) a Debt Payment Undertaking Agreement among AIG-FP Special Finance (Cayman) Limited, State Street Bank and Trust Company of California and Covanta Energy Corporation, and (ii) a Sublease Amendment between State Street Bank and Trust Company of California and Covanta Energy Corporation, both agreements dated as of April 19, 2002, and authorize the Finance Director and City Clerk to execute such approvals on behalf of the City. City Attorney White Announced that Council approved an agreement for Stipulated Judgement for acquisition of property located at 1420 and 1440 N. State College Boulevard, Anaheim, California, for the total sum of $266,000 in the existing litigation entitled "City of Anaheim v. Walker, et aI., Orange County Superior Court Case No. 00CC04059. Council Communications: Mayor Daly asked that the City consider preserving the memory of Josie Montoya by naming something in the community after the long-time resident. He noted that Council Member Tait had suggested naming the Community Center at Hermosa Village after Ms. Montoya. He directed City Manager to work with the Hermosa Village developers to explore an appropriate means to accomplish naming the Community Center after Josie Montoya. """"' ANAHEIM CITY COUNCIL MEETING MINUTES MAY 7,2002 PAGE 24 Council Member McCracken said that she had been working on the history of Hispanic women in Orange County and she said she believed that Josie Montoya was one of those women. She had been working on a project with photographs or portraits to honor Hispanic women for the Community Center and added that Josie Montoya should be one of them. For 145 years, she said the community had Hispanic women who had been property owners and activists and she identified some of the women. Council Member Feldhaus said that maybe there could be a collage of historical Hispanic women centered on Josie Montoya. Council Member Kring said that there could be a very colorful historic tapestry from the Hispanic women who started first and then add on. She said that maybe there should be criteria of having made a contribution to the community in order to have a place on the tapestry or wall. Council Member Tait said that Josie Montoya was special in the Jeffrey Lynne neighborhood and she had given her time and money to the community and it seemed appropriate to honor her by naming the community center after her. Mayor Daly suggested a display of some of the other leaders and suggested that the City Manager incorporate all Council ideas as noted. City Manager Morgan recommended returning to Council with a proposal. Council Member Kring thanked everyone who had attended the Planning rally at Edison Stadium the other day and noted that it was a success. She noted that she participated in Paint Your Heart Out at 123 Kroeger Street. Council Member Feldhaus commented on the 31st annual Cinco de Mayo Fiesta at La Palma Park and congratulated the queen of the 2002 Fiesta. He noted that the 6th annual Anaheim Western Barbecue would be held at Twila Reid Park on May 11, 2002, from 10:00 A.M. to 4:00 P.M. Adjournment: There being no further business to come before the City Council, Mayor Daly adjourned the meeting of May 7,2002 at 8:40 P.M. to May 14, 2002 at 2:00 P.M. for the 2002/03 Budget Workshop. Respectfully submitted: ~~ Sheryll Schroeder, CMC/AAE City Clerk .".-