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2004/02/24 ANAHEIM, CALIFORNIA - CITY COUNCIL REGULAR MEETING February 24, 2004 The City Council of the City of Anaheim met in regular session. PRESENT: Mayor Curt Pringle, Council Members: Shirley McCracken, Bob Hernandez, Tom Tait, and Richard Chavez. STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, and City Clerk Sheryll Schroeder. A copy of the agenda for the meeting of the Anaheim City Council was posted on February 20, 2004 at the City Hall outside bulletin board. Mayor Pringle called the regular meeting to order at 3:12 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. WORKSHOP: 161 Affordable Housing Programs Elisa Stipkovich, Executive Director of Community Development, provided Council with an overview of the complex affordable housing programs available in Anaheim through a detailed power point presentation. The department's goal was to provide decent, safe and economically priced housing for low-to-moderate income families by establishing needs, setting and implementing policies, programs and projects as well as a strategy for the future. She explained that in establishing the needs, the City looked to statistical data, primarily the Housing Element and looked at the existing need in Anaheim as well as the State requirement of 11,508 new construction units. Ms. Stipkovich remarked there were 100,000 housing units in the City of Anaheim with approximately 36,000 of those housing units in the category of overpaying, overcrowding, substandard housing stock, and special needs housing. Responding to Mayor Pringle's question as to how Southern California Association of Governments (SCAG) fits in the process, Ms. Stipkovich stated Housing Community Development (HCD) delegated responsibility to SCAG which in turn delegated to Orange County Council Of Governments (OCCOG). OCCOG had 75,000 units to split up among the cities in Orange County and Anaheim was allocated 11,500. The City disagreed with this number but did not prevail. Mayor Pringle stated that based on a strict percentage per capita breakdown, the City should have received closer to 78,000. Ms. Stipkovich indicated there were 13,106 households identified within the overcrowding category and the Jeffrey-Lynne Neighborhood Revitalization Project had addressed some of those needs. In substandard housing, there were 5,530 units identified primarily in central, south and west Anaheim and 2,593 households fell into special needs category. Ms. Stipkovich stated the recently completed Casa Alegre provided 22 special needs units for the HIV/AIDS project. The policies and plans relating to affordable housing adopted by the City Council included the Housing Element update certified in 2003 to cover the time frame from 1998 through 2005. The 11,500 required new construction units were physically identified in that update. The ANAHEIM CITY COUNCIL MEETING MINUTES February 24,2004 PAGE 2 Redevelopment and Housing Implementation had a 5-year plan. Additionally, the Housing Authority plan was adopted in 2000 and the Housing and Community Development Consolidated Plan adopted that same year. Other department programs and projects addressing housing issues were adopted annually by Council, the Agency and the Housing Authority, she noted. The Community Development departmental budget, stated Ms. Stipkovich, was $144,000,000 for this fiscal year, $85,000,000 of which goes to affordable housing, and of that $85, 000,000, the Housing Authority budgeted $60,000,000. Anaheim identified 36,105 existing housing needs broken down into very low, low, moderate and above moderate incomes for current Anaheim residents. Of those 36,105 housing needs, a goal of 7,532 total households was to be addressed in the seven-year time frame ending 2005. The program accomplishments reflected 8,278 households were assisted with the majority of the assistance in the form of Section 8 housing vouchers, where an individual paid 30 percent of his income and the Housing Authority paid the difference. Council Member Hernandez asked if this was strictly rental assistance or if it reflected homebuyer assistance as well. Ms. Stipkovich replied it was a combination of Section 8 vouchers, the neighborhood revitalization program, which was a tax credit program and homeownership, although the majority was made up of Section 8 rental assistance. Council Member Hernandez asked if the City knew per capita how we compare with other Orange County cities in terms of providing vouchers for residents. Ms. Stipkovich stated those statistics would be provided. Discussion was held as to the reasons for vouchers being used outside the City. Under new construction housing goals by income, Anaheim had a required goal of 11,508 units spread over very low, low, moderate and above moderate incomes. The seven-year objective was to construct 2,858 units spread over the income categories. Completed or new construction projects underway numbered 1,978. The goal of 1,136 multi-family residential units had been met with projects underway or completed. Rental assistance vouchers exceeded the goal of 5600; 6500 vouchers had been given. Ms. Stipkovich indicated the strategy for the future was to support the General Plan amendment which reclassified commercial, industrial and stadium area for housing development, recommend approval of a multi-family affordable housing ordinance, continue to address low and moderate housing needs, expand homeownership opportunities, and to continue to acquire property for development opportunities as well as support historic preservation. Mayor Pringle remarked that since 1990, the population expanded by 68,000 and the number of new rental units by 6,000. His goal was to use resources to look at every need and to not concentrate everything in one area and to consider family homes in many areas. The Mayor would encourage projects similar to Brookfield and Laing homes. Council Member Chavez stated that in the last decade there had been an increase of 63,000 jobs in Anaheim, the majority being service oriented, and these people needed housing assistance. Council Member Chavez concurred with Mayor Pringle's suggestions. Mayor Pringle ended the workshop with the statement Council had been clear and expressed the same concerns for affordable housing efforts in the City and thanked staff for the presentation. ANAHEIM CITY COUNCIL MEETING MINUTES February 24, 2004 PAGE 3 ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS - CLOSED SESSION: None Mayor Pringle recessed to closed session at 4:17 P.M. for the following purposes: 1. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Subdivision (a) of Section 54956.9 of the Government Code Title: City of Anaheim v. Union Pacific Railroad Company, CPUC No. C-03-07-040. 2. CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: David Hill Employee organization: Anaheim Municipal Employees Association AFTER RECESS: Mayor Pringle called the regular Council meeting of February 24,2004 to order at 5:25 P.M. and welcomed those in attendance. INVOCATION: Pastor Gary Spykerman, Grace Bible Church FLAG SALUTE: Council Member Tait PRESENTATIONS: Michael Baker, Executive Director of the Boys and Girls Clubs of Anaheim recognized four 2004 Youth of the Year Winners RECOGNITIONS (To be presented at a later date): Recognizing Bruno Serato on receiving the Orange County American Italian Renaissance Foundation Heritage Award Recognizing Frank Barbaro on receiving the Orange County American Italian Renaissance Foundation Heritage Award Proclaiming February 28-29, 2004, as Willie O'Ree All-Star Weekend Proclaiming February 2004 as the Orange County Trauma Centers "Stop in the Name of Love" Month Proclaiming March as Colon Cancer Awareness Month Proclaiming March 7-13, 2004, as Week of the School Administrator Recognizing Enrique Rodriguez on his service in the United States Armed Forces Recognizing Frank and Sally Feldhaus for receipt of the Cypress College Foundation Citizen of the Year Award ANAHEIM CITY COUNCIL MEETING MINUTES February 24, 2004 PAGE 4 Mayor Pringle recessed the City Council meeting at 5:33 P.M. to call to order the Anaheim Redevelopment Agency. Council reconvened at 5:36 P.M. to consider Item 1: 1. Approve the appointment and benefits of John A. Welter to the position of Chief of Police effective March 22, 2004. City Manager David Morgan stated the recruitment process began with a consultant interviewing Council Members as well as taking input from the public to identify the ideal attributes for Anaheim's next Police Chief. With that ideal profile in hand, a nationwide recruitment took place, with over 40 applicants participating, and acknowledged John A. Welter as the one candidate standing out in the process. Introducing John Welter as an experienced police executive with more than 32 years in the San Diego Police Department, the City Manager also indicated he was an internationally recognized speaker and published authority in community- oriented policing and technology applications in the police field and offered the appointment for Council consideration. PUBLIC COMMENTS: Mayor Pringle invited public comments relating to the Police Chief appointment only. Greg Palmer, president of the Anaheim Police Association, indicated the Association representatives met with the executive search committee during the recruitment process and interviewed in depth the three selected finalists. The Association was supportive of the appointment of John Welter to the position of Anaheim Police Chief and looked forward to working with him to ensure the highest standards of law enforcement was maintained. Welcoming remarks by each Council Member were offered. John Welter spoke of his commitment to the community of Anaheim, his desire for the department to be responsive to the entire community and spoke of opening his office to the public at least once a week in order to foster relationships and encourage the community to have a responsibility to the Police Department. Mayor Pringle moved approval of the appointment of John A. Welter, seconded by Council Member Tait. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: McCracken, Hernandez, Tait and Chavez. Noes - O. Motion Carried At 5:51 P.M., Mayor Pringle recessed the meeting for a reception welcoming the new Police Chief to reconvene the Council meeting at 6:07 P.M. ADDITIONS/DELETIONS TO THE AGENDA: Staff withdrew Public Hearing Item B1. PUBLIC COMMENTS: Ralph Montview, resident, requested Council revise the Code to recognize the rights of disabled persons by not ticketing and allowing handicapped parking in permitted areas. Sam Iforman, resident, also spoke of allowing handicapped access to permitted parking. Mayor Pringle recommended Mr. Montview and Mr. Iforman discuss their concerns with Captain Stephen Sain of the Police Department. 118 128 105 106 160 160 160 160 123 123 ANAHEIM CITY COUNCIL MEETING MINUTES February 24, 2004 PAGE 5 James Robert Reade spoke of Police Department concerns. Marcus Gonzalez, board member of the Orange County Human Relations Commission, shared actions by the Commission in the City of Anaheim over the past year, presented Council with an annual report and newsletter. In addition, Mr. Gonzalez presented the City with a certificate of recognition for promoting good human relations. CONSENT CALENDAR: Council Member Tait abstained on Item A 13 due to potential conflict of interest and removed Item A24 for separate discussion. Council Member Hernandez moved approval of Consent Calendar Items A 1- A25, seconded by Councilmember McCracken, to waive reading in full of all ordinances and resolutions and to approve the following in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Roll Call vote: Ayes- 5; Mayor Pringle, Council Members: McCracken, Tait, Hernandez, and Chavez. Noes - O. Motion carried. A 1. Reject certain claims filed against the City. A2. Receive and file the Investment Portfolio Report for the month of January 2004; minutes of the Sesquicentennial Commission meeting held January 27, 2004; minutes of the Public Library Board meeting held January 12, 2004; and minutes of the Golf Commission meeting held December 4, 2003. A3. Approve the schedule for review and adoption of the proposed budget and set public hearings regarding said matter for May 25, June 8 and June 15, 2004 at 2:00 p.m. A4. Accept the bid of Graycon, Inc., in the amount of $126,089.97 (including tax), for the Convention Center cooling tower replacements in accordance with Bid #6438. A5. Accept the low bid of All Star Steel, Inc., in the amount of $29,161.46 (including tax), for aluminum diamond plates for the Convention Center in accordance with Bid #6454. A6. Authorize the Purchasing Agent to issue change orders adding an additional not to exceed amount of $57,000 plus tax, to various blanket purchase orders for Fleet Services. A7. Waive the advertising and sealed bid requirements of Council Policy 306 and ratify the issuance of a purchase order to Paulus Engineering, Inc., in the amount of $74,540.45 (tax inclusive), for the emergency repair of a water line for the Utilities Department. A8. Award the contract to the lowest responsible bidder, Sequel Contractors, Inc., in the amount of $148,483.45, for street improvements for various Anaheim Resort intersection pavement rehabilitation projects and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A9. Approve a funding agreement with the Orange County Transportation Authority, in the amount of $2,260,000, for funding participation in the Burlington Northern Santa Fe Railroad Soundwall Project. 170 158 161 123 123 123 123 129 123 123 158 113 ANAHEIM CITY COUNCIL MEETING MINUTES February 24, 2004 PAGE 6 A 10. Approve the Final Map and Subdivision Agreement of Tract No. 16340 with Thao Tran for property located at 610 South Sunkist Street. A 11. Approve the Purchase and Sale Agreement of Remnant Parcels with Angelica B. Perez for property located at the northeast corner of Aetna Street and Rhodes Avenue and approve Grant Deeds for sale of said real property. A 12. Approve an amendment to the Community Development Department fiscal year 2003-04 budget by increasing revenues and expenditures by $48,630 to reflect Workforce Investment Act increases. A 13. Approve an Aerial to Underground Conversion Agreement with Pacific Bell Telephone Company, dba SBC California, to authorize the City's construction of underground supporting structures as part of the rose Alley Undergrounding Project. Council Member Tait abstained. A 14. Approve and authorize the City Manager to execute Amendment No. 1 to the Workforce Investment Act Vendor Agreement with Career Networks Institute for provision of occupational skills training services. A 15. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Service Agreement with Arnold Ontes Design, Inc. to extend the term of the agreement through June 30,2005 and increase the maximum compensation to $50,000 for continued graphic design services. A16. Approve an Amendment to Agreement with WLC Architects, Inc., previously entered into on August 21,2001, for an amount not to exceed $141,273, for a new expanded Haskett Branch Library and to incorporate Leadership in Energy and Environmental Design into the project. A 17. Authorize the Mayor to execute a letter of promulgation that constitutes the adoption of the Emergency Response Plan by the City. A 18. Approve an agreement with the County of Orange for the transfer of equipment purchased from the fiscal year 2003 State Homeland Security Grant. A19. Approve and authorize the Public Utilities General Manager to execute an agreement with Cornerstone Energy Services, Inc., in a total funding amount not to exceed $39,600 for one year with the option for two consecutive extensions up to one year each, for a total cost not to exceed $118,800, for distributed generation monitoring and maintenance oversight services. A20. RESOLUTION NO. 2004-27 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 10729 through 10733). A21. RESOLUTION NO. 2004-28 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (Traffic Engineering). ANAHEIM CITY COUNCIL MEETING MINUTES February 24, 2004 PAGE 7 179 A22. RESOLUTION NO. 2004-29 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution 2002R-233, nunc pro tunc, relating to zoning (Conditional Use Permit No. 2002-04603). 179 A23. ORDINANCE NO. 5901 (ADOPTION) 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. 2003-00112, Area 2) (Introduced at the Council meeting of February 10, 2004, Item A23). ORDINANCE NO. 5902 (ADOPTION) 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. 2003-00112, Area 3) (Introduced at the Council meeting of February 10, 2004, Item A23). ORDINANCE NO. 5903 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Subsection .030 to Sections 18.26.020 and 18.27.020 of Chapters 18.26 and 18.27, respectively, of Title 18 of the Anaheim Municipal Code relating to the "5-Points Neighborhood." (Introduced at the Council meeting of February 1 0, 2004, Item A23). 114 A25. Approve minutes of the Council meeting held February 10, 2004. END OF CONSENT CALENDAR: 142 A24. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Sections 1.16.025 and 1.16.030 of Chapter 1.16 of Title 1 of the Anaheim Municipal Code relating to conduct on City golf course property. In an on-going effort to update the Municipal Code as it reflected misdemeanor penalties and to reduce those penalties to infractions, where appropriate, Mr. White stated a provision within Title 1 relating to conduct on City golf course property had been identified. Conduct on City golf courses such as littering, distribution of circulars and trespassing were regarded as misdemeanors in the Code whereas the same conduct on City parks had punishment reduced to an infraction. Item A24 would revise the Code to reduce the penalty for City golf course conduct to an infraction. Mr. White also remarked that other similar revisions to the Code would be coming to Council in the future. Council Member Hernandez moved approval of Item A24, seconded by Council Member Tait. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: McCracken, Hernandez, Tait and Chavez. Noes - O. Motion Carried 105 A26. Consider appointing a citizen to serve on the Sesquicentennial Commission, term to expire December 31, 2007. APPOINTMENT: (Expire December 31, 2007). Without objection from Council, continued to March 16, 2004. 105 A27. Consider appointing a member to serve on the Cultural and Heritage Commission, term to expire June 30,2007. ANAHEIM CITY COUNCIL MEETING MINUTES February 24, 2004 PAGE 8 APPOINTMENT: (CounciIMemberTa~ (Expire June 30, 2007). Without objection from Council, continued to March 16, 2004. 105 A28. Consider appointing two members to serve on the Housing and Community Development Commission, one member to represent the South and one to represent the West Neighborhood Council. APPOINTMENT: (Expire June 30, 2006). Without objection from Council, continued to March 16, 2004 APPOINTMENT: Darlene Powell (West) (Expire June 30, 2007). Council Member Chavez nominated Darlene Powell to represent the West Neighborhood Council, seconded by Council Member Tait. Roll Call vote: Ayes - 4; Mayor Pringle, Council Members: Tait, Hernandez and Chavez. Abstention - 1; Council Member McCracken. Noes- O. Motion Carried. 121 B1. PUBLIC HEARINGS: A public hearing to consider adopting a resolution for the condemnation of a portion of certain real property located at 1923-1925 East Lincoln Avenue. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 1923-1925 Lincoln Avenue for the purposes of the Lincoln Avenue and State College Boulevard Intersection Widening Project (RIW ACQ 2002- 00126). Staff withdrew Item B1. 179 B2. CONDITIONAL USE PERMIT NO.1 098 CATEGORICALLY EXEMPT - CLASS 1: OWNER: Huarte Family Partnership, 5036 Tierra Del Oro Carlsbad, CA 92008 AGENT: William Talley, Talley and Associates, Inc., 25241 Paseo de Alicia, Suite 120, Laguna Hills, CA 92653 LOCATION: 320 North Park Vista Street. Property is approximately 29.5 acres, located at the southeast corner of Park Vista Street and Jackson Avenue (Rio Vista Mobilehome Park). Request to amend exhibits for a previously-approved mobilehome park and to permit accessory management offices. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit NO.1 098 approved (PC2003-170) (5 yes votes, Commissioners Eastman and Flores voted no). (Appealed by John Conlon, President the Rio Vista Mobile Homeowners Association). MOTION: CEQA FINDING: CATEGORICALLY EXEMPT, CLASS 1. ANAHEIM CITY COUNCIL MEETING MINUTES February 24, 2004 PAGE 9 RESOLUTION NO.: 2004-30 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CONDITIONAL USE PERMIT NO.1 098 AND AMENDING AND RESTATING THE CONDITIONS OF APPROVAL THEREOF. Sherri Vander Dussen, Planning Director, stated a resident of the Rio Vista Mobile Home Park had appealed the Planning Commission's decision to allow corporate management office use in the clubhouse. She reported the mobile home park management company, in support of the Rio Vista Mobile Home Park as well as other mobile home parks managed by the owner, used the office space occupying one-third of the clubhouse space with 13 employees. Ms. Vander Dussen indicated as part of the action to approve the plan, the Commission approved a proposal to replace the square footage lost to office space by providing replacement recreational space with a new meeting hall and game room as well as additional playground and barbeque equipment outdoors. She explained that before the corporate offices were established, approximately 400 square feet of clubhouse was used for an on-site manager. Ms. Vander Dussen noted that at the Commission meeting several residents of the park voiced opposition to the proposal citing the impacts of commercial office use in a residential environment and the effect that it had on the use of the recreational facility. In addition, residents expressed concern about increased traffic and safety issues due to the presence of office workers. By a 5-2 vote, the Commission approved the applicant's request to retain the corporate offices in the clubhouse and to provide replacement recreational opportunities on the site. The Commission also imposed a condition that the on-site management offices had to be limited to management personnel affiliated with Rio Vista Mobile Home Park and or with other mobile home parks owned or managed by the owner of the Rio Vista Mobile Home Park. Ms. Vander Dussen stated Council could deny the appeal and uphold the Commission decision to permit modifications, grant the appeal and reverse the Planning Commission's decision or modify the Commission's actions. Public hearing opened by Mayor Pringle. Bill Talley, representing the applicant, detailed the history of the mobile home park. In 1969, when Council approved the park, it had been designed to be a senior park for residents over 55 years of age. Due to changes in legislation that made operation of seniors-only parks more expensive and more liable to legal problems, this park as well as nearly every other park in Orange County was converted to a family-only mobile home park. Mr. Talley explained when the original park was created there was a sketch submitted that showed the clubhouse building, but the building itself was not built as it was shown on the sketch. It was constructed as it was today with an 8,000 square foot clubhouse which was larger than most clubhouses. The owners of Rio Vista had several other mobile home park properties in Orange County and if the same amount of square footage were used as in other mobile home parks, the size Rio Vista clubhouse would be 4,000-5,500 square feet. Mr. Talley indicated there were no standards for the size of a community center in a mobile home park and the law did not require the existence of one. He mentioned that over the years, a number of rooms were not used and were locked and that these were the rooms that were converted to offices for the corporate executives. Mr. Talley noted the business being conducted was insurance, leasing, accounting, billing and human resources. When some of the residents complained about the office use, the owner offered the residents a new meeting hall and game room to replace the clubhouse space lost. The owner also proposed a tot lot for the 150 children in the park as well as a barbeque picnic area outdoors. ANAHEIM CITY COUNCIL MEETING MINUTES February 24, 2004 PAGE 10 John Conlon, president of Rio Vista Mobile Homeowners Association, spoke in opposition to the office use indicating he represented over 60 percent of the mobile homeowners. Mr. Conlon requested Council reverse the decision by the Planning Commission. Laura Millard, resident of the mobile home park, spoke in opposition to the office use in the clubhouse citing the large numbers of businesses actually identified as being conducted on the site and the precedence-setting commercial use in a residential neighborhood. Rosalie Gomez, resident of the mobile home park, felt that the office management operation was a large operation with no controls over the numbers of businesses being conducted there. Albert Figueroa, cited potential conflict of interest concerns for the applicant's representative as Mr. Talley was a former City Manager for the City of Anaheim. Martin Crabtree, resident of Rio Vista, reported the office use was underway from 5:00 A.M. to 5:00 P.M., more than the eight hours per day stated. Ann Cassidy, resident of Rio Vista mobile home park, expressed concern that floor plans were not shown to scale and the office space was larger than reported and that residents, who had previously felt they lived in a close knit community, did not know the office workers in the clubhouse. Holly Hillman, homeowner on Frontera Street in the Village Green community, became aware of the proposal and was opposed to commercial business being conducted in a residential area. Umagard Miller, president of the Village Green Homeowners Association, was opposed to commercial use in a residential area citing traffic concerns and lowered property values. Judy Breedlove, Village Green resident, opposed the use of commercial office space in the mobile home park pointing to increased traffic near an elementary school and safety concerns for the children. Mr. Perez, Village Green resident, opposed the concept of commercial use in the neighborhood due to increased traffic. Martin Singer, Western Skies Mobile Home resident, was opposed to the commercial use in a residential area leaving mobile home residents with no protection. James Robert Reade, Golden Skies Mobile Home Park resident, was opposed to the size of the office space allowed in the clubhouse. Sharon Jensen, Rio Vista Park resident, expressed safety concerns for the numbers of children exiting from the elementary school that cross over to the mobile home park sidewalks where there was no crossing guard and now had increased traffic. She stated that the Rio Vista leases reflected an understanding as to the amenities to be provided and that the residents would like use of the clubhouse during the summer months or evenings. Ms. Jensen requested those individuals supporting the appeal stand. Virginia Hemminger, Suburbia Homeowners Association, was opposed to commercial business in residential areas. ANAHEIM CITY COUNCIL MEETING MINUTES February 24, 2004 PAGE 11 With no other comments offered, Mayor Pringle closed the public hearing. Responding to Mayor Pringle, Ms. Vander Dussen confirmed that while there was nothing in the City ordinance or state law to require a clubhouse, the City would argue that the conditional use application was the controlling document and action by the City was required if the owner wished to eliminate or modify the clubhouse. Council Member McCracken inquired as to how the conditions of the use permit were enforced. Mrs. Vander Dussen indicated it would be the City's obligation to follow up and ensure that the property was operated in conformance with the conditions of approval. Ms. Vander Dussen also stated that it was the Planning Commission's intent to allow the management company to perform operations necessary to operate the mobile home park, not just to manage the mobile home park. Mayor Pringle requested the applicant state the uses taking place in the clubhouse offices. Mr. Talley indicated there could be as many as 30-80 companies operating on the site depending on the structure of the various parks. As an example, he stated if five or six partners owned a park, each one of the partners would be a "LLC" (Limited Liability Corporation) and would have a company address at Rio Vista. If the park were financed, a company would handle the financing of the park. Mr. Talley explained the management company was buying and selling mobile home parks, not the mobile home structures. There could also be human resource services provided on the site, if needed. Mr. Talley remarked the management company owned 24 mobile home parks across the United States. He noted the internet businesses brought in additional activity but that of the 13 employees on the site, 11 work either full or part-time on behalf of the Rio Vista Mobile Home Park. The remaining two personnel work on other parks. Mayor Pringle stated the biggest concern was whether the management company would be willing to provide assurances as to how many employees were intended to be on the Rio Vista site for the future and how big an operation was intended for the future. Mr. Talley indicated that the management company would be comfortable stating no more than a maximum of 20 employees would be needed. With those assurances and a belief that the owner had a right to expand office use to service the mobile home park enterprise to a certain limitation, the Mayor was supportive of the Planning Commission's decision. Council Member Hernandez was supportive of the Planning Commission decision as long as the business enterprise was the buying and selling of mobile home parks. He felt it was reasonable to locate an office related to their investment activities within the park and the office use was an accessory use, not a commercial venture. Council Member Chavez was supportive of the office use within the mobile home park as the recreational space had been expanded with the new meeting hall, tot lot and barbeque area and the tradeoff was a reasonable effort on the part of the owner. Council MemberTait recognized the net increase in recreational area, which now reflected a total of 12,000-12,500 square feet. Responding to Council Member Tait's question, Ms. Vander Dussen stated there was no zoning change involved in the application. With the assurances given that the office use would not become a commercial operation and the fact that there were 530 parking spaces on the site when 450 were required, Council Member Tait was supportive of the Planning Commission's decision. ANAHEIM CITY COUNCIL MEETING MINUTES February 24, 2004 PAGE 12 Council Member Chavez moved to approve the CEQA finding of categorically exempt, class 1 and to approve Resolution No. 2004-30 amending Conditional Use Permit 1098 and accepting the Planning Commission's recommendation; Council Member Tait seconded the motion. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: McCracken, Tait, Hernandez and Chavez. Noes - O. Motion carried. REPORT ON CLOSED SESSION ITEMS: None COUNCIL COMMUNICATIONS: Council Member Hernandez announced the passing of three Anaheim retirees: Francis J. "Jim" Ritter, Public Utilities Department, John E. Matthews, Planning Department and Donald G. Nutt, Police Department. Council Member McCracken announced the Anaheim Heritage Room ribbon cutting ceremony scheduled for Friday 27, 2004 at 6:00 P.M. Council Member Chavez indicated Habitat for Humanity had identified a site for affordable housing and requested staff to look at issues and Council to consider offering support in the future. ADJOURNMENT: There being no further business to come before the City Council, Mayor Pringle adjourned the meeting at 8:17 P.M. R..eessPjPc clflUlly SU.bmitted: ~~ ~/l.~~1.. Sheryll Sc~roeder, CMC City Clerk