2004/03/16
ANAHEIM, CALIFORNIA - CITY COUNCIL
REGULAR ADJOURNED MEETING
MARCH 16, 2004
The City Council of the City of Anaheim met in regular adjourned session. The Notice of
Adjournment was posted at 3:00 P.M. on March 16, 2004 on the exterior door of the Anaheim
Council Chambers, announcing the adjournment to 4:00 P.M. due to a lack of quorum
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 March 12,
2004 at the City Hall outside bulletin board.
Mayor Pringle called the regular meeting to order at 4:17 P.M. in the Council Chambers of the
Anaheim City Hall, 200 South Anaheim Boulevard.
ADDITIONSIDELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS - CLOSED SESSION: None
Mayor Pringle recessed to closed session at 4:18 P.M. for the following purposes:
1. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Subdivision (a) of
Section 54956.9 of the Government Code
Title: Bessire v. City of Anaheim, et aI., Orange County Superior Court Case No.
02CC15194.
2. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of
litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code
Number of potential cases: one.
3. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Subdivision (a) of
Section 54956.9 of the Government Code
Title: CNA Insurance Company v. City of Anaheim, et aI., Orange County Superior
Court.
4. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: David Hill
Employee organization: Anaheim Municipal Employees Association; Anaheim
Firefighters' Association; Non-Represented Managerial Employees; and Non-
Represented Confidential Employees.
AFTER RECESS:
Mayor Pringle called the regular Council meeting of March 16, 2004 to order at 5:22 P.M. and
welcomed those in attendance.
ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 16, 2004
PAGE 2
INVOCATION:
Pastor Mark Bove, Calvary Chapel Anaheim
FLAG SALUTE:
Council Member Chavez
PRESENTATIONS:
Eleven student recipients of the Anaheim Chamber of Commerce Gene Autry Humanitarian
Award were recognized.
Code Enforcement Manager Bill Sell and Code Enforcement Officers Mark Dickinson and Mark
lIagan were recognized for their graffiti prevention efforts.
RECOGNITIONS (To be presented at a later date):
Proclaiming March 20, 2004, 2004, as Total K Day in the City of Anaheim
Recognizing Stanley E. Sprague on his retirement from the Municipal Water District of Orange
County
ADDITIONSIDELETIONS TO THE AGENDA: None
PUBLIC COMMENTS:
James Robert Reade related Police Department concerns.
Albert Figueroa addressed Item A39, providing Council with information omitted from the
Planning Commission minutes and was in support of the rehearing of CUP 1098.
Mary Vick Pension, owner of rental units providing Section 8 housing, requested assistance for
rehabilitation of her units on Knott Avenue. City Manager David Morgan referred Ms. Pension to
Elisa Stipkovich, Executive Director of Community Development Department, who would
apprise her of various rehabilitation programs available in the City.
Bill Tally, representing Rio Vista Mobile Home Park and addressing Item A39, indicated
rehearing of Conditional Use Permit (CUP) 1098 would further delay and deprive the mobile
park residents of promised improvements.
Laura Millard, Rio Vista Mobile Home Estates Home Owners Association board member,
addressed her comments to Item A39. She pointed out CUP 1098 only permitted one type of
business to be conducted at the mobile home park and that the management company had
confirmed other related activities and Ms. Millard expressed concern that no business licenses
covered activities other than the management company and the City had no way to monitor the
activities. Mayor Pringle pointed out those concerns could be addressed by the City's Business
License Department. The Mayor also affirmed Council had heard and understood the
comments offered by the speakers requesting rehearing of CUP 1098 as well as the
management concerns and on that basis made their decision.
Mr. Celine thanked Council Member Chavez for visiting the Jeffrey Lynne Revitalization Project
reporting that some of the rents had increased significantly.
118
118
128
105
173
160
160
160
ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 16, 2004
PAGE 3
Richard Delgado referenced photographs of pollution, trash and debris of certain areas in
Anaheim and indicated that he had complained to Council on this matter before. Mayor Pringle
noted that of the 18 pictures presented, 15 of those pictures were either on Caltrans property or
on the railroad property. Mayor Pringle explained that the City was presently working on a
number of railroad issues with the Public Utilities Commission to ensure those railroads sites
were maintained. He also indicated City staff had directly contacted Caltrans and Orange
County Transportation Authority to ensure that remnant pieces of property that were part of the
1-5 widening project were either cleaned up or the City be allowed to purchase to ensure those
areas were properly maintained.
Michael Baker, Executive Director of the Boys and Girls Club of Anaheim, announced the April
3fd fund raiser for the Motel Outreach program with 100 percent of the proceeds benefiting the
program and encouraged citizen support of the event.
CONSENT CALENDAR:
Item A24 was removed from the consent calendar for separate discussion by Council Member
Hernandez; Council Member Tait removed Item A30.
Council Member Hernandez moved approval of Consent Calendar Items A 1- A38, seconded by
Councilmember Chavez, 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.
A1.
Reject certain claims filed against the City.
A2.
Reject an application for leave to present a late claim.
A3.
Receive and file the Monthly Financial Analysis presented by the Finance Director for six
months ended December 31, 2003; revised minutes of the Public Utilities Board meeting
held December 4, 2003 and regular minutes from the meeting of January 15, 2004;
minutes of the Golf Advisory Commission meeting held January 22, 2004; minutes of the
Public Library Board meeting held February 9, 2004; an application/motion of Southern
California Edison Company (USCE") (U 338-E) and Notice of Filing and Availability by
SCE; and Notice of Filings from the U.S. Federal Energy Regulatory Commission.
A4.
Accept the bid of Kustom Signals, Inc., in the amount of $21,825 (less tax), for fifteen
radar guns and accessories in accordance with Bid #6436.
A5.
Accept the low bid of McPeek's Dodge of Anaheim and authorize the Purchasing Agent
to issue a purchase order, in an amount not to exceed $45,337 (including tax and fees),
for the purchase of two Dodge quad cab trucks for the Fire Department in accordance
with Bid #6452.
A6.
Accept the low bid of American Wire Group, in an amount not to exceed $51,000
(including tax), for the purchase of various sizes of secondary wire for the Public Utilities
Department for a period of one year with four one-year options to renew and authorize
the Purchasing Agent to exercise the renewal options in accordance with Bid #6456.
160
123
123
123
123
123
123
123
158
158
158
ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 16, 2004
PAGE 4
A7. Accept the bid of Washington Professional Systems, in an amount not to exceed
$43,122 (plus applicable tax), for sixty-three audiovisual system components for the
Anaheim Police Auditorium in accordance with Bid #6457.
A8. Award the contract to the lowest responsible bidder, All American Asphalt, in the amount
of $118,353.15, for the Gilbert Street road improvements and approve and authorize the
Finance Director to execute the Escrow Agreement pertaining to contract retentions.
A9. Award the contract to the lowest responsible bidder, All American Asphalt, Inc., in the
amount of $214,400, for the Dale Avenue Street Pavement Rehabilitation Improvement
Project from Lincoln Avenue to Crescent Avenue and approve and authorize the Finance
Director to execute the Escrow Agreement pertaining to contract retentions.
A 10. Award the contract to the lowest responsible bidder, R.J. Noble Company, in the amount
of $143,297.85, for improvements to West Street south of Katella Avenue and Eleanor
Drive and approve and authorize the Finance Director to execute the Escrow Agreement
pertaining to contract retentions.
A 11. Award the contract to the lowest responsible bidder, RJ. Noble Company, in the amount
of $231,410, for the Cerritos Avenue Street Improvements and approve and authorize
the Finance Director to execute the Escrow Agreement pertaining to contract retentions.
A12. Award the contract to the lowest responsible bidder, Precision Pipeline, Inc., in the
amount of $261,795, for the Estate Ridge Road water main replacement and approve
and authorize the Finance Director to execute the Escrow Agreement pertaining to
contract retentions.
A 13. Award the contract to the lowest responsible bidder, Inspection Engineering
Construction, in the amount of $163,730.10, for the base bid and alternate additive 1 for
the Lincoln Avenue Intelligent Transportation System/Signal Improvement from Muller
Street to Citron Street and approve and authorize the Finance Director to execute the
Escrow Agreement pertaining to contract retentions.
A14. Award the contract to the lowest responsible bidder, General Pump Company, Inc., in
the amount of $171,350, for the redevelopment and re-equipping of Well No. 47 and
approve and authorize the Finance Director to execute the Escrow Agreement pertaining
to contract retentions.
A 15. Approve an Agreement for Acquisition of Real Property-Partial Fee Taking with Carlos E.
Green, 0.0. and Kathy L. Green, in the total purchase amount of $6,000, for property
located at 2117 East Lincoln Avenue for the Lincoln Avenue/State College Boulevard
Intersection Improvement Project.
A 16. Approve the Acquisition Agreement with Guillermo M. Aguirre, in the acquisition
payment amount of $11,678.28, for purchase of real property located at 1923-1925
Lincoln Avenue for the Lincoln Avenue and State College Boulevard Intersection
Widening Project.
A17. Approve the Acquisition Agreement with America Favela Chouinard, in the acquisition
payment amount of $13,000, for the purchase of real property located at 2111 East
Lincoln Avenue for the Lincoln Avenue and State College Boulevard Intersection Project.
123
123
179
103
ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 16, 2004
PAGE 5
A18.
158
158
A19.
158
A20.
158
A21.
123
A22.
123
A23.
123
A25.
A26.
A27.
A28.
A29.
Approve the Purchase and Sale Agreement of Remnant Parcels with Emmanuel D.
Torrocha, Jr., in the amount of $8,200, for parcels located at the northwest corner of
Minot Street and Rhodes Avenue and approve the Grant Deed for the sale of said
property.
Approve the Purchase and Sale Agreement of Remnant Parcels with Juan and Veronica
Delira, in the amount of $5,500, for parcels located at the northeast corner of Houston
Street and Buckingham Street and approve the Grant Deed for the sale of said property.
Approve the Purchase and Sale Agreement of Remnant Parcels with Ky-Phong Vo and
Ngan-Ha Le, in the amount of $10,000, for parcels located at the southeast corner of Ivy
Lane and Fir Avenue and approve the Grant Deed for the sale of said property.
Determine that it is in the City's best interest to convey City-owned excess land to the
adjoining property owner, Loh Investment Limited Partnership, in consideration for
compensation of fair market value, without advertising for public bids pursuant to Article
XII, Section 1222 of the City Charter and approve the grant deed and agreement for the
sale of excess land located at the northwest corner of Damon and Pythias (ABA2003-
00073).
Approve an agreement with IBI Group, in an amount not to exceed $240,000, for the
development of the Ball Road Corridor Beautification Highway and Landscape Master
Plan Project between Walnut Street and the West City Limits.
Approve and authorize the City Manager to execute the Temporary Assistance to Needy
Families Vendor Agreement with Casa Loma College, Inc., in the amount of $133,500,
for occupational skills training services.
Approve and authorize the Chief of Police to renew and execute a three-year lease
agreement with Noble Management Company, in the amount of $1,469 per month, for
the storage of police property and evidence.
Approve and authorize the Public Utilities General Manager to execute an agreement
with the Gas Company to install a gas meter and provide service at 902 East South
Street.
Waive Council Policy No. 401 and approve and authorize the Public Utilities General
Manager to execute an agreement with Lobby Traffic Systems, Inc., in an amount not to
exceed $128,307, for the purchase and installation of City Hall West security
enhancements.
Adopt a Negative Declaration for the construction of the Lewis Extension Project.
Determine that the Negative Declaration previously approved in connection with the
prezoning of the unincorporated areas designated as Islands 4-AN-1, 4-AN-2, 4-AN-3, 4-
AN-4 and 4-AN-5 is sufficient to serve as the required environmental documentation for
annexation of such territories to the City.
RESOLUTION NO. 2004-31 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM making application to and requesting the Local Agency Formation
Commission of Orange County to take proceedings pursuant to the Local Government
ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 16, 2004
PAGE 6
1 74 A31 .
158 A32.
158 A33.
158 A34.
174 A35.
142
A36.
142 A37.
114 A38.
Reorganization Act of 2000 for the City of Anaheim to annex approximately 70.45 acres
of property within its sphere of influence, and file Annexation No. 285.
RESOLUTION NO. 2004-32 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM making application to and requesting the Local Agency Formation
Commission of Orange County to take proceedings pursuant to the Local Government
Reorganization At of 2000 for the City of Anaheim to annex approximately 185.77 acres
of property within its sphere of influence, and file Annexation No. 286.
Authorize City staff to execute documents related to finalizing the annexation of the
designated islands.
RESOLUTION NO. 2004-34 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM authorizing the Chief of Police to file an application, on behalf of the
City of Anaheim, with the U.S. Department of Justice, Bureau of Justice Assistance, to
participate in the Fiscal Year 2004 "Bulletproof Vest Partnership" Grant Program,
authorizing the Chief to execute all required grant documents, and if awarded,
authorizing the acceptance of such grant on behalf of the City and amending the budget
accordingly for the fiscal year in which grant funds are received.
RESOLUTION NO. 2004-35 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. 10702 and 10703).
RESOLUTION NO. 2004-36 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. 10727 and 10728).
RESOLUTION NO. 2004-37 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. 10737 and 10738).
RESOLUTION NO. 2004-38 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving the application for grant funds for the Murray-Hayden
Program under the California Clean Water, Clean Air, Safe Neighborhood Parks and
Coastal Protection Act of 2002 (West Anaheim Gymnasium).
Authorize the City Manager to act as the agent of the City in matters concerning the
grant application to insure project completion.
ORDINANCE NO. 5904 (ADOPTION) 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 (Introduced at
the Council meeting of February 24, 2004, Item A24).
ORDINANCE NO. 5905 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Section 6.42.150 of Chapter 6.42 of Title 6 of the Municipal Code
relating to Christmas tree lots and pumpkin patches.
Approve minutes of the Council meeting held February 24, 2004.
ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 16,2004
PAGE 7
END OF CONSENT CALENDAR:
000 A24. Approve a request from the Anaheim City Golf Championship Tournament Committee to
waive the tournament surcharge of $10.00 per golfer per day for the 2004 tournament.
City Manager David Morgan indicated the City Golf Championship drew over 500 amateur
golfers to the City and was sponsored by the City as well; therefore, a request was made to
waive the $10 per golfer tournament surcharge. Council Member Hernandez conveyed concern
the language referred to male golfers only. Terry Lowe, Director of Community Services, noted
that at one time the tournament had a female division but that interest and applicants had
dwindled with recent history indicating only males had participated. Mr. Lowe would modify all
future references to ensure the City was not sexist in their selection and further indicated that
any women participants for the tournament would not be turned away. Jack Kudron,
Community Services Department explained the surcharge was for scheduling the tournament
well in advance of the normal tee time reservation system as established in the City's fee
resolution. Mr. Kudron further indicated that recent history indicated the only waiver of that
surcharge had been for the City Championship.
Mayor Pringle acknowledged the golf tournament was not a charitable event and was a City-
sponsored golf championship. The Mayor wished to make certain there was continuity in
treating all non-profit groups and that the City did not select any charity to benefit over others.
Council Member McCracken moved to approve Item A24; Council Member Hernandez
seconded the motion. Roll Call vote: Ayes - 5: Mayor Pringle, Council Members McCracken,
Tait, Hernandez and Chavez. Noes - O. Motion Carried.
130 A30. RESOLUTION NO. 2004-33 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM declaring its intention to adopt an ordinance granting a non-
exclusive franchise to Anaheim Transportation Network for Resort Transportation
Services within the City of Anaheim, establishing a time and date of a public hearing to
consider such franchise and a fee in support of such franchise.
City Manager David Morgan explained the City had a requirement that companies providing
transportation services have a franchise with the City. He further indicated Anaheim
Transportation Network was not an exclusive franchise and any similar service had the ability to
apply. Council Member Tait requested discussion of this item to address concerns related to
exclusive franchises but would reserve his comments for the public hearing.
Council Member Chavez moved to approve Item A30, seconded by Council Member
McCracken. Roll Call vote: Ayes - 5: Mayor Pringle, Council Members: McCracken, Tait,
Hernandez and Chavez. Noes - O. Motion Carried.
179
A39. Consider the request for rehearing filed by John Conlon regarding the scope of business
operations relating to Conditional Use Permit 1098, Resolution No. 2004-30 (Conditional
Use Permit No. 1098 approved at the public hearing held February 24,2004).
Mayor Pringle indicated Council had received written documents and a DVD for their review on
this matter and had heard the public comments offered. The Mayor confirmed action by Council
was to rehear concerns relating to CUP 1098 or to deny the rehearing request.
ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 16, 2004
PAGE 8
Council Member Chavez remarked he understood the public comments from the mobile home
park residents as well as the management company and moved to deny the rehearing request,
seconded by Council Member Tait.
Mayor Pringle inquired of the City Attorney if it was a condition of the permit that the applicant
applies for all required business licenses. Mr. White indicated that it was not necessary for the
language to be included in the permit, as the Municipal Code required any business operating
within the City to obtain a business license. He pointed out the action that was considered at
the public hearing on February 24, 2004 related to the zoning only and had nothing to do with
business licenses or mobile home tenancy laws which were enforceable in civil court. Mr. White
further stated that any issues the applicant wished to present could be addressed through the
City's Code Enforcement or Business License Divisions.
Roll Call vote: Ayes - 5: Mayor Pringle, Council Members: McCracken, Tait, Hernandez and
Chavez. Noes - O. Motion Carried.
105 A40. Consider appointing a citizen to serve on the Sesquicentennial Commission, term to
expire December 31,2007.
APPOINTMENT:
With no objection from Council, the appointment was continued to March 30, 2004.
105 A41. Consider appointing a member to serve on the Cultural and Heritage Commission, term
to expire June 30, 2007.
APPOINTMENT:
(Council Member Tait).
With no objection from Council, the appointment was continued to March 30, 2004.
105 A42. Consider appointing a member to serve on the Housing and Community Development
Commission, representing the South Neighborhood Council, term to expire June 30,
2006.
APPOINTMENT:
With no objection from Council, the appointment was continued to March 30, 2004.
PUBLIC HEARINGS:
176
B1. A public hearing to consider the abandonment of a portion of a public right-of-way
adjacent to 1380 South Auto Center Drive.
At the Council meeting held February 10, 2004, Item A 18, the Anaheim City Council
adopted Resolution No. 2004R-18 declaring its intention to vacate certain public streets,
highways and service easements (Abandonment No. ABA1998-00015).
REQUESTED BY: ACD Holdings, LLC., c/o Robert A. Ball APC, 225 Broadway, Suite
2220, San Diego, CA 92101-5019.
MOTION: CEQA FINDING: CATEGORICALLY EXEMPT, CLASS 5.
ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 16, 2004
PAGE 9
RESOLUTION NO.: 2004-39 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING ABANDONMENT NO. ABA1998-00015
MOTION: Approve the quitclaim of the City's right, title, and interest in the abandoned
area.
Natalie Meeks, Public Works Department, indicated Item B1 was for the abandonment of small
remnant parcels at the end of a cul-de-sac on Auto Center Drive. She stated staff had
negotiated with an adjacent property owner and would be deeding parcels over to him. The
property owner would then deed a portion of the roadway to the City that was constructed
outside of the current easement. When the roadway was constructed, Ms. Meeks informed
Council, some misalignment occurred and the abandonment would correct that misalignment.
Mayor Pringle opened the public hearing and hearing no testimony, closed the hearing.
Council Member Hernandez moved to approve the CEQA finding of Categorically Exempt,
Class 5, to adopt Resolution No. 2004-39 approving the abandonment and to approve the
quitclaim of the City's right, title and interest in the abandoned area. Council Member
McCracken seconded the motion. RESOLUTION NO. 2004-39 OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM APPROVING ABANDONMENT NO. ABA 1998-00015 Roll Call vote:
Ayes - 5: Mayor Pringle, Council Members: McCracken, Tait, Hernandez and Chavez. Noes-
O. Motion Carried.
179 B2. VARIANCE NO. 2003-04592
CATEGORICALLY EXEMPTION - CLASS 1:
OWNER: Elisa Stipkovich, Anaheim Redevelopment Agency
201 S. Anaheim Boulevard, Anaheim, CA 92805
AGENT: Kim McKay, Anaheim Revitalization Partners
18201 Von Karman Avenue, Suite 900, Irvine, CA 92612
LOCATION: 1226,1300,1312,1318,1330& 1334WestCerritosAvenue, 1211, 1223,
1229, 1319 & 1337 West Lynne Avenue,
1524,1530, 1600, 1612, 1618 & 1624 South Ninth Street
1531,1537,1542,1613, & 1626 South Hampstead Street:
The twenty-three (23) properties located within the "Jeffrey Lynne Phase Two Housing
Revitalization Project" area encompass 3.38 acres, generally bounded by Cerritos Avenue
to the north, Audre Drive to the south, Ninth Street to the west and Walnut Street to the
east
Waiver of (a) minimum number, type, and design of off-street parking spaces and (b)
minimum structural setback to construct new decks, porches, balconies, trash enclosures,
and convert garages to laundry rooms in conjunction with the "Jeffrey Lynne Phase Two
Housing Revitalization Project" in the RM-1200 (Residential, Multiple Family) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 2003-04592 approved (ZA2004-3).
(Appeal of the Zoning Administrator's decision submitted by Jakob and Elaine Felder).
MOTION: CEQA FINDING: CATEGORICALLY EXEMPT, CLASS 1.
RESOLUTION NO.: 2004-40 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING VARIANCE NO. 2003-04592.
Planning Director Sheri Vander Dussen stated a property owner in the Jeffrey Lynne Phase 2
Housing Revitalization project appealed the Zoning Administrator's decision to approve
ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 16, 2004
PAGE 10
Variance 2003-04592. She noted the variance would allow deviations from City standards in
parking and in minimum setbacks.
Ms. Vander Dussen remarked there were 58 properties in Phase 2 but only 23 of those
properties participated in the revitalization project. She pointed out staff was working with the
developer to construct private decks and patios and to add elements to enhance building
facades which required waivers. The first waiver was to reduce the required number of covered
parking spaces but not the total number of parking spaces. Some of the garage space would be
renovated to provide laundry rooms and trash enclosures, to convert some of the enclosed
garages to carports and to provide more open space parking. The total number of spaces
would remain unchanged at 135 spaces.
The second waiver, as expressed by Ms. Vander Dussen, pertained to minimum structural
setbacks. The developer would widen some existing narrow balconies to provide more livable
area and would be constructing new front yard patios to provide private usable open space.
These renovations, remarked Ms. Vander Dussen, would make the units more livable, add
some private outdoor space and would improve the appearance of the units as well. To further
enhance this neighborhood, Ms. Vander Dussen indicated staff was negotiating with Southern
California Edison to lease a portion of overhead easement on the south side of Audre Drive to
provide additional parking and was also studying abandonment and street closures to create
privatized streets for additional parking.
Mayor Pringle opened the public hearing for comments.
Kim McKay, Anaheim Revitalization Partners, thanked staff for the in-depth presentation and
was available for questions.
Jakob Felder, a property owner in the Jeffrey Lynne neighborhood, spoke in opposition to the
variance citing the removal of garage doors from tucked-under garages did not contribute to
aesthetics of the community and the need for their removal no longer existed since the crime
rate had been substantially reduced. Additionally, Mr. Felder was opposed to construction of
new balconies and patios as irregular setbacks would also impair the aesthetics of the
community. Mr. Felder also opposed closure of streets citing potential financial losses in trying
to conduct his rental business.
Karen Custody, speaking on behalf of her mother who owned property in the Jeffrey Lynne
project, opposed street closures citing it would be difficult to maintain the property and attract
new tenants.
Mr. Celine requested the City respect the avocado trees planted by his family and not remove
them and was opposed to street closures.
As no other speakers participated, Mayor Pringle closed the public hearing.
Mayor Pringle asked that background relating to the revitalization project be provided. Elisa
Stipkovich indicated that Housing Authority owned the land identified in green as participating
properties on the exhibit provided to Council and the buildings were owned by the developer.
She commented that the direction followed for Phase 2 of the project was broad in order to
obtain as many property owners as possible to participate.
ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 16,2004
PAGE 11
Ms. Stipkovich noted that rehabilitation loans were also offered in lieu of the Housing Authority
purchasing the property. Stipulations on the loans were to have a professional on-site
management company, if possible, and it could be owner-managed, and to place some limit on
occupancy of the units to reduce overcrowding. There were no prohibitions, stated Ms.
Stipkovich, against any current or future private property owner in the Jeffrey Lynne
Revitalization project area.
Ms. Stipkovich stated that street closures were not included in this application. She remarked
that staff had been open about looking at privatization of some of those streets to create a
secure neighborhood. Mayor Pringle inquired as to whether a street with non-participating
property owners could be privatized and Ms. Stipkovich indicated that could occur but the issue
of street closures would come before Council in the future. Mayor Pringle indicated that he had
heard the potential street closures as a significant issue of the property owners in this
neighborhood and indicated discussions could continue, but the two waivers for Council
consideration dealt with parking and setbacks only.
Kim McKay, representing the developer, responded to concerns. She indicated that part of the
success of Phase I of this project was to make the neighborhood safer and removal of the
tucked-under garage doors definitely had accomplished that. Crime rates were down
significantly but not in the perimeter areas where garage doors were still in place. She also
indicated that encroachment to the setbacks was critical to the aesthetics and function of the
new neighborhood. Mayor Pringle asked Ms. McKay to respond to the concerns related to the
setback waivers and 9th Street issues of visibility and safety.
Steve Wraight, the developer's architect, addressed the visibility issue and indicated that a 30-
inch high patio wall was proposed on 9th Street that goes to within three and one-half feet of the
sidewalk. There was a trellis proposed which projected out from the building that had a setback
of about 9 feet from the sidewalk creating private space for residents of those units and
providing shade for those with western exposures. The Mayor recognized that safety would not
be an issue as children currently played in the yards of 9th Street and that would not change.
Council Member Chavez asked how the proposal differed from what was proposed for those
units facing Cerritos or those already completed. Mr. Wraight replied that the footprints of the
units do not change at all on 9th Street with the exception of the front patio and trellis. On
Cerritos Avenue and Lynne Avenue, the rental units were different. The setback along Lynne
was 15 feet and all buildings were set along that line with no projections. The proposal
recommended the 2nd floor balcony be increased from an unusable three and one-half feet to a
six and one-half foot balcony, projecting three feet into the setback.
Council Member Chavez moved to approve CEQA finding of Categorically Exempt, Class 1 and
to adopt Resolution No. 2004-40 approving Variance 2003-04592; Council Member McCracken
seconded the motion. RESOLUTION NO. 2004-40 OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 2003-04592. Roll Call vote: Ayes - 5: Mayor Pringle,
Council Members: McCracken, Tait, Hernandez and Chavez. Noes - O. Motion Carried.
Council Member Chavez inquired as to how the issues with avocado trees would be handled.
Ms. Vander Dussen requested clarification on specific trees and location and would review the
matter. To address the issue of rents being raised in the neighborhood, Council Member
Chavez remarked staff had tried to acquire as many units as possible to try to provide more
affordable housing for residents, however, he pointed out, a private rental property owner could
set his or her own rents.
ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 16, 2004
PAGE 12
Council Member Tait voted for this approval as he believed the actions did not apply to any of
the non-participating property owners.
REPORT ON CLOSED SESSION ITEMS:
None
COUNCIL COMMUNICATIONS:
Council Member McCracken announced a March 20, 2004 fundraiser at Brookhurst Jr. High
with proceeds benefiting Motel Children.
Council Member Chavez reported the passing of Joel Brattain, a 21-year old soldier killed in the
line of duty in Iraq.
Council Member Hernandez requested Council Member Chavez to relinquish his position as
Mayor Pro Tem until he is able to resolve the issue of his failure to file campaign finance
reports. Council Member Hernandez requested Council consider such action at the March 30,
2004 meeting, should Council Member Chavez not take action.
Council Member Tait requested the meeting be adjourned in memory of Joel Braittain.
Mayor Pringle discussed the success of the Home Improvement Holiday Program, which was
currently underway in Anaheim. He reported that 412 City building permits had been issued at
this time, reflecting over $2,000,000 worth of home improvements and deferral of City building
fees for this period was $75,000. Mayor Pringle thanked Mimi's Restaurant for sponsoring the
Battle of the Band fund raiser held at Brookhurst Jr. High School to benefit student music
programs and the 20 public schools, which participated in the battle of the bands.
ADJOURNMENT:
There being no further business to come before the City Council, Mayor Pringle adjourned the
meeting in memory of Joel Braittain at 7: 11 P.M.
~U~t
Sheryll Schroeder, CMC
City Clerk