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2004/08/24 ANAHEIM, CALIFORNIA — CITY COUNCIL ADJOURNED REGULAR MEETING August 24, 2004 The City Council of the City of Anaheim met in adjourned regular session. The Notice of Adjournment was posted at 3:00 P.M. on August 24, 2004 on the exterior door of the Anaheim Council Chambers, announcing the adjournment to 5:00 P.M. due to a lack of quorum. PRESENT: Mayor Curt Pringle, Council Members: Richard Chavez, Bob Hernandez, Shirley McCracken and Tom Tait 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 August 20, 2004 at the City Hall outside bulletin board. Mayor Pringle called the adjourned regular meeting of August 24, 2004 to order at 5:19 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. INVOCATION: Pastor Mark Rossington, Zion Lutheran Church and School FLAG SALUTE: Council Member McCracken PRESENTATIONS: Recognizing Ganahl Lumber on its 120th anniversary. Mayor Pringle recognized one of Anaheim's strongest business community partners, Ganahl Lumber, represented by President Peter Ganahl, on their 120th anniversary of operation. Proclaiming Let's Make a Difference Day. Terry Lowe, Community Services Director, announced the 14th annual Eco Family Fun Fair on Sunday, September 12 at the Oak Canyon Nature Center, a day set aside for young people and their families to learn about and help to preserve the environment. RECOGNITIONS (To be presented at a later date): Proclaiming September 2004 as National Prostate Cancer Awareness Month. Proclaiming September 10, 2004, as Developmental Disabilities Day. Proclaiming September 21, 2004 as International Day of Peace AT 5:23 P.M., Mayor Pringle recessed the Anaheim City Council to call to order the Anaheim Redevelopment Agency, reconvening the Council session at 5:43 P.M. for a joint public hearing with the Agency. ANAHEIM CITY COUNCIL MEETING MINUTES August 24, 2004 Page 2 4. A joint public hearing to consider approving resolutions for a Disposition and #3160 Development Agreement between the Agency and Brookfield Anaheim II, LLC. RESOLUTION NO. 2004-184 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Disposition and Development Agreement with Brookfield Anaheim II, LLC and making certain findings in connection therewith. Elisa Stipkovich reported Item 4 was a public hearing between the Redevelopment Agency and the City Council to consider the disposition and development agreement between the Agency and Brookfield Anaheim II. She indicated that in January, 2003, Council approved an agreement with Brookfield which gave them the right to develop the property known as the former Home Depot site, but now called Cantada Square. The agreement included two other parcels on which the Agency would be negotiating, the President's tract located at the 3100 block of West Lincoln and two remnant parcel strips acquired from Caltrans located in West Anaheim in the area north of the 5 Freeway and west of Brookhurst. Because of the location in West Anaheim, the Agency negotiated with Brookfield and now had a disposition and development agreement that would sell that property to Brookfield. The President's tract would be developed with 28 townhomes, similar to the Cantada Square townhomes, eight units of which were designated as affordable housing. She stated there was also a proposal to sell the two Caltrans remnant strips that could hold anywhere between 14 to16 units to Brookfield pending a site plan and presentation to the Council of their elevations and floor plans. The final drawings for the President's tract were provided to Council Members, however, the Caltrans parcel drawings would be considered at a later date. The total cost reflected $1.825 million for the President's tract and $1,050,000 for the Caltrans remnants. Ms. Stipkovich commented that the City could receive additional revenue from those two sites by receiving 25 percent of any amount above the projected gross sale prices. Mayor Pringle opened the public hearing. Cherie McCracken requested Item 4 be continued to allow her time to read the disposition and development agreement. As no other public input received, Mayor Pringle closed the public hearing. Council Member Chavez commented favorably on the project noting the affordable town homes would be available for families making less than 20 percent of the Orange County median income. He pointed out the majority of residents in West Anaheim made considerably less and he was hopeful that in the future there would be more affordable projects available to a wider range of people. Council Member Chavez moved to approve RESOLUTION NO. 2004-184 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT WITH BROOKFIELD ANAHEIM II, LLC, seconded by Council Member McCracken. Roll Call vote: Ayes — 5; Mayor Pringle, Council Members; Chavez, Hernandez, McCracken and Tait. Noes — 0. Motion Carried. ADDITIONS/DELETIONS TO THE AGENDA: The dollar figure reflected in Item Al 0 was corrected to read $32,170. The full text of the urgency ordinance in Item A20 was posted as required. ANAHEIM CITY COUNCIL MEETING MINUTES August 24, 2004 Page 3 PUBLIC COMMENTS: James Robert Reade referenced Channel 3's amplification problem which had occured on July 29, 2004 and related other concerns. Michael Baker, Executive Director of the Boys and Girls Club of Anaheim, updated Council on club activities and events. William Fitzgerald, Homeowners Maintaining their Environment, recounted his organization's pollution concerns related to the Disneyland nightly fireworks display. Susan Fessel, Vice Chair of Anaheim Public Library Board, thanked Council in advance for their support of Item A2 stating the purchase of a CNG bookmobile would positively affect children's lives. Faiz Zuberi, resident, asked Council to consider a stop sign between Mohican and Fairview Avenue citing safety concerns. The Mayor referred Mr. Zuberi to Traffic Engineer John Lower who would look into the request and apprise Council of the decision. CONSENT CALENDAR: Council Member Hernandez requested the August 17th minutes under Council Communications be modified to reflect contributions to the reward seeking information relating to the hit and run traffic incident which injured Anaheim firefighter Ryan Stampe were made by the Anaheim Firefighters Association, the Police Officers Association and also by each individual City Council member. Council Member Tait indicated he would abstain on Item A19 due to a potential conflict of interest. Council Member Chavez moved approval of the Consent Calendar, Items Al- A24, seconded by Council Member Hernandez 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: Chavez, Hernandez, McCracken and Tait. Noes— 0. Motion carried. Al. Receive and file the Investment Portfolio Report for the month of July 2004; minutes B105 of the Golf Advisory Commission meeting held June 24, 2004; minutes of the Public Utilities Board meeting held July 15, 2004; and minutes of the Cultural and Heritage Commission meetings held June 24, 2004, July 26, 2004 and August 23, 2004. A2. Accept the bid of California Bus Sales & Service Center, Inc., in the amount of D160 $257,144.85 (plus tax), for one custom CNG bookmobile in accordance with Bid #6482 and amend the Community Services Department budget by increasing expenditure appropriations in the Library Division by $277,074. A3. Accept the bid and authorize an agreement with Marina Landscape, Inc., in an #3114 amount not to exceed $2,067,000 for a two-year period, for landscape maintenance for Anaheim Resort services, west side area and authorize the Purchasing Agent to exercise up to three one-year optional extensions in accordance with Bid #6502. ANAHEIM CITY COUNCIL MEETING MINUTES August 24, 2004 Page 4 A4. Authorize the Purchasing Agent to reject all bids received and to negotiate and issue D160 a purchase order for On-Net Surveillance Systems, Inc. software, in the total purchase amount not to exceed $100,000, to manage the City's current and future security and surveillance cameras as described in the specifications of Request for Proposal #6504. A5. Waive the sealed bidding requirement of Council Policy No. 306 and authorize the D160 Purchasing Agent to issue a purchase order to Robbins Sports Surfaces, in the amount of$102,976.68 (including tax), for a portable basketball floor and accessories and a purchase order to American Athletic Inc., in the amount of$25,159.63 (including tax), for two portable basketball backstops and accessories. A6. Waive the sealed bidding requirement of Council Policy No. 306 and authorize an #3115 agreement with California Forensic Phlebotomy, Inc., in an amount not to exceed $95,000 (including taxes), for phlebotomy services for a one-year period with four one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options. A7. Approve and ratify the Stipulation for Entry of Judgment in Condemnation for property P121 located at 1927-1937 East Lincoln Avenue and authorize the settlement payment of $120,000 to owners Frank R. Krogman and Kathy Watson and $15,000 to tenant Maritza Elizabeth Cruces, dba Inka Signs. A8. Approve the Second Amendment to an annual services agreement with DGA #2923 Consultants, in an amount not to exceed $134,000, for general civil engineering on- call services and support for public works improvement projects. A9. Approve the Temporary Construction Easement Agreement and Right of Entry with #3116 United El Segundo, Inc., in the acquisition payment amount of$560.00, for property located at 1201 State College Boulevard for the State College Boulevard and Ball Road Intersection Project (R/W ACQ2003-00148). A10. Approve an Acquisition Agreement with Monte Silverberg and Hazel Silverberg #3117 Revocable Inter Vivos Trust, in the acquisition payment amount of$432,170, for the purchase of real property located at 1225 South State College Boulevard for the State College Boulevard and Ball Road Intersection Project (R/W ACQ2003-00149). A11. Approve the 2005 Health and Welfare Plan Rates and authorize the Human D153 Resources Manager to execute all required renewal documents. Al2. Approve and authorize the City Manager to execute an agreement with L-3 #3118 Communications, in an amount not to exceed $50,000 annually, for a period of one year with options to renew for three additional years for maintenance and repair services for the Police Department's mobile data computers. A13. RESOLUTION NO. 2004-185 RESOLUTION OF THE CITY COUNCIL OF #3159 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed No. 10774). ANAHEIM CITY COUNCIL MEETING MINUTES August 24, 2004 Page 5 Approve an Easement Deed with Orange County Water District requiring the City to install 16,836 feet of fiber optic cable and make payment of$12,000 as consideration for the acquisition easement rights. A14. RESOLUTION NO. 2004-186 RESOLUTION OF THE CITY COUNCIL OF P158 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 10771 and 10772). A15. RESOLUTION NO. 2004-187 RESOLUTION OF THE CITY COUNCIL OF D175 THE CITY OF ANAHEIM authorizing submittal of an application for grant funds for the State Urban Parks and Healthy Communities Program under the California Clean Water, Clean Air Safe Neighborhood Parks and Coastal Protection Act of 2002, and authorizing the City Manager to execute and submit the application and related documents and to take any and all actions necessary to complete the application process (El Rancho Middle School Sports Field Improvements and Lighting Project). A16. RESOLUTION NO. 2004-188 RESOLUTION OF THE CITY COUNCIL OF D150 THE CITY OF ANAHEIM authorizing submittal of an application for grant funds for the Youth Soccer and Recreation Development Program under the California Clean Water, Clean Air Safe Neighborhood Parks and Coastal Protection Act of 2002, and authorizing the City Manager to execute and submit the application and related documents and to take any and all actions necessary to complete the application process (Magnolia High School Sports Field Reconfiguration Project). A17. RESOLUTION NO. 2004-189 RESOLUTION OF THE CITY COUNCIL OF D153 THE CITY OF ANAHEIM amending Resolution No. 92R-17 which established personnel rules for management, confidential and non-represented part-time classifications. A18. ORDINANCE NO. 5934 (ADOPTION) AN ORDINANCE OF THE CITY OF P134 ANAHEIM approving Specific Plan Adjustment No. 1 to the Downtown Anaheim, East Center Street Development Specific Plan No. 90-2 (Introduced at the Council meeting of August 17, 2004, Item A17). A19. ORDINANCE NO. 5935 (ADOPTION) AN ORDINANCE OF THE CITY OF P179 ANAHEIM amending Chapter 18.20 of Title 18 of the Anaheim Municipal Code in its entirety (Zoning Code Amendment No. 2004-00032) [Introduced at the Council meeting of August 17, 2004, Item B1(B)]. ORDINANCE NO. 5936 (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. 2004-00129) [Introduced at the Council meeting of August 17, 2004, Item B1(H)]. ORDINANCE NO. 5937 (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. 2004-00130) [Introduced at the Council meeting of August 17, 2004, Item B1(I)]. Council Member Tait abstained. ANAHEIM CITY COUNCIL MEETING MINUTES August 24, 2004 Page 6 A20. ORDINANCE NO. 5938 (ADOPTION) AN ORDINANCE OF THE CITY OF T104 ANAHEIM fixing and levying a property tax on the full cash value of all property within the corporate limits of the City of Anaheim for the fiscal year 2004/2005 and declaring the urgency therefore and that this ordinance shall take immediate effect. A21. ORDINANCE NO. 5939 (INTRODUCTION) AN ORDINANCE OF THE CITY 8105 OF ANAHEIM amending Section 1.04.857 of Chapter 1.04 of Title 1 of the Anaheim Municipal Code relating to the Sesquicentennial Commission. A22. ORDINANCE NO. 5940 (INTRODUCTION) AN ORDINANCE OF THE CITY P179 OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2003-00112, Area 1). A23. ORDINANCE NO. 5941 (INTRODUCTION) AN ORDINANCE OF THE CITY M142 OF ANAHEIM amending Chapter 6.72 of Title 6 of the Anaheim Municipal Code in its entirety relating to amplified sound. A24. Approve minutes of the Council meeting held August 17, 2004. D114 END OF CONSENT CALENDAR A25. Consider appointing a member to serve on the Housing and Community B105 Development Commission, representing the South Neighborhood Council, term to expire June 30, 2006. APPOINTMENT: With no objection from Council, Item A25 was continued to September 14, 2004. A26. Consider appointing a member to serve on the Public Utilities Board, term to expire B105 June 30, 2005 (Patricia Velasquez). APPOINTMENT: Douglas Clark The following names were placed into nomination: Doug Clark nominated by Council Member Chavez, Hugh Glenn nominated by Council Member Hernandez and Paul Bostwick nominated by Council Member McCracken. The Mayor called for a straw vote for each of the nominees. Mr. Clark: Ayes — 3; Mayor Pringle, Council Members: Chavez and Tait. Noes — 1; Council Member Hernandez. Abstention — 1; Council Member McCracken. Nomination approved. Mr. Glenn: Ayes — 1; Council Member Hernandez. Noes —0. Abstention —4; Mayor Pringle, Council Members: Chavez, McCracken and Tait. Nomination failed. Mr. Bostwick: Ayes — 1; Council Member McCracken. Noes—0. Abstention —4; Mayor Pringle, Council Members: Chavez, Hernandez and Tait. Nomination failed. A27. Consider appointing a member to the Cultural and Heritage Commission, term to B105 expire June 30, 2005 (Chaulare Nokes). ANAHEIM CITY COUNCIL MEETING MINUTES August 24, 2004 Page 7 APPOINTMENT: Mayor Pringle nominated Maria Leano and with the concurrence of Council, Ms. Leano was appointed to the position of Cultural and Heritage Commission. PUBLIC HEARINGS: B1. A public hearing to consider the abandonment of a public utility easement, generally P110 located at 808 South Ramblewood Drive. At the Council meeting held July 13, 2004, Item A25, the Anaheim City Council adopted Resolution No. 2004-157 declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. ABA2004-00087). REQUESTED BY: Pacific Homes, LLC. on behalf of Feulner Kennedy, 808 South Ramblewood Drive, Anaheim, CA 92804 MOTION: CEQA FINDING: CATEGORICALLY EXEMPT, CLASS 5. RESOLUTION NO.: 2004-190 ABANDONMENT NO. 2004-00087. MOTION: Approve an agreement for the sale of the City's right, title and Interest in and to the abandoned area. It was pointed out the motion to approve an agreement for the sale of the City's right, title and interest in the abandoned area was not required. MOTION: Approve the quitclaim of the City's right, title and interest in the abandoned area. Russ McGuire, Department of Public Works indicated Item B1 was set for hearing by the Council due to a request by the property owner to abandon an existing public utility easement that was no longer in use. Mr. McGuire stated the Public Utilities Department had concurred with the applicant's request. Mayor Pringle opened the public hearing for comments. Cheri McCracken, spoke, indicating she represented Exxon Corporation as well as Chevron Texaco, had submitted comments and requested a continuance for several weeks to allow for inspection of the property relating to title concerns. As no other public comments were offered, Mayor Pringle closed the hearing. Mayor Pringle questioned staff as to whether there were any issues relating to title on the property; Mr. McGuire indicated this was solely an abandonment of a public utility easement and there was no issue relating to title of the land. Council Member Tait then queried if the abandonment would have any effect on Exxon or Chevron. Mr. McGuire indicated none of the research compiled on the property had revealed there would be any effect to those firms. ANAHEIM CITY COUNCIL MEETING MINUTES August 24, 2004 Page 8 Council Member Hernandez moved to approve the CEQA finding of Categorically Exempt, Class 5 and to approve RESOLUTION No. 2004-190 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING ABANDONMENT NO. 2004-00087, and to approve the quitclaim of the City's right, title and interest in the abandoned area; seconded by Council Member McCracken. Roll Call vote: Ayes — 5; Mayor Pringle, Council Members: Chavez, Hernandez, McCracken and Tait. Noes — 0. Motion Carried. B2. CEQA CATEGORICAL EXEMPTION — CLASS 1 C200 CONDITIONAL USE PERMIT NO. 2004-04854: OWNER: Paul Chiavatti, 1340 West Pearl Street, Unit A Anaheim, CA 92801 LOCATION: 1610 South Brookhurst Street. Property is approximately 0.16 acre, having a frontage of 63 on the east side of Brookhurst Street, located 142 feet south of the centerline of Harle Avenue. Request to permit a residential group care facility with on-site counseling for up to 13 residents recovering from alcohol and/or chemical dependency. ACTION TAKEN BY THE PLANNING COMMISSION: Categorical Exemptions, Class 1 approved (7 yes votes). Conditional Use Permit No. 2004-04854 granted (5 yes votes, Chairman Vanderbilt- Linares and Commissioner Bostwick voted no). MOTION: CATEGORICALLY EXEMPT, CLASS 1. RESOLUTION NO.: 2004-191 CONDITIONAL USE PERMIT NO. 2004-04854. Sheri Vander Dussen, Planning Director, stated the applicant, Paul Chiavatti, had submitted an application for a conditional use permit to convert a single family home at 1610 South Brookhurst Street to a residential group care facility with on-site counseling for up to 13 male residents recovering from chemical dependency. On June 14th, she reported, the Planning Commission approved the conditional use permit, however, members of the Neighborhood Watch Program in the area had appealed the Planning Commission's decision to the City Council. The facility, she explained, would be located in an existing 9-bedroom single-family home surrounded on all sides by other single family homes and was presently operating as a sober living home, entitled Expedition House, for 15 males. Under State law, Ms. Vander Dussen commented a sober living home was permitted without any formal government regulation based on the fact that no treatment was provided and that the residents were simply living together as a family and there was no restriction on the number of residents that could reside in such a facility. She indicated that many residents in the neighborhood had objected to the use of this house as a sober living facility, however, State law did not allow the City to impose regulations or any restrictions on such facilities. The proposed residential group care facility, she remarked, was different from a sober living home in that a residential group care facility provided on-site care and treatment for residents and a sober living home did not. In conformance with State law, Ms. Vander Dussen indicated the Anaheim zoning code allowed residential group care facilities for six or fewer residents as a primary permitted use, however, for more than six residents a conditional use permit was required. As a proposed residential group care facility, Ms. Vander Dussen stated, the home would be limited to 13 male residents who would receive care and treatment at the home; residents ANAHEIM CITY COUNCIL MEETING MINUTES August 24, 2004 Page 9 would not be permitted to drive or to have cars on site; the number of guests would be limited to two at any one time; an on-site manager would be at the property at all times; and the facility would not administer medication or operate as a detoxification facility. She pointed out since the applicant was not proposing any exterior structural changes to the residence, the house would continue to be indistinguishable from other homes in the neighborhood. The proposal to convert the 15 bed sober living home to a residential group care facility for 13 residents provided the City with an opportunity to regulate the home with conditions of approval regarding the operational characteristics, an opportunity that did not exist with a sober living home. Unlike a sober living home, Ms. Vander Dussen informed, a residential group care facility required licensing by the State Department of Alcohol and Drug program. She commented staff had spoken with the state and confirmed the facility was currently processing a license for residential care and the license could not be certified before the City approved the permit. The license would require the home to abide by the rules and regulations of an alcohol and drug treatment facility, which included regular drug testing, 24- hour on-site management, maintenance of health and personnel records for all residents and zero tolerance policy for persons who had consumed, used or were under the influence of drugs or alcohol. She pointed out that staff had also spoken to a representative from the State who confirmed that all complaints of these types of facilities were investigated through a site inspection; pointing out that complaint officers were based in Sacramento County and at times the complaint follow-up might not be timely. The proposed residential group care facility was subject to the same parking requirements as a single family residence. In order to permit this type of facility, Ms. Vander Dussen said the home had to comply with current code requirements of four parking spaces with one additional parking space for each bedroom over the six bedrooms. The property, she stated, was developed with nine bedrooms and therefore required seven parking spaces, with the proposed group care facility required to add three outside parking spaces accessible from the alley. Ms. Vander Dussen explained that members of the neighborhood watch program had appealed the Commission's approval of the conditional use permit based on the following concerns: 1) the sober living home had been poorly operated and should not be granted privileges because of its reputation; 2) the number of parking spaces were inadequate for residents and staff; 3) the Commission did not have adequate information from the Police Department and 4) the applicant presented false information at the Commission hearing. She pointed out since the Commissions' decision was appealed, staff invited the appellants and the applicant to meet to discuss operational concerns, however, the appellant's declined to meet. The applicant and other neighborhood residents did meet on June 30th at a community meeting hosted by Expedition House. The neighborhood residents expressed some concerns about the operation and questioned the current and future use of the home. They also complained that visitors to Expedition House often come to the wrong house in the neighborhood. Ms. Vander Dussen reported that staff had met several times with representatives from the Police Department and Code Enforcement to discuss the safety and operational issues that had been raised by the community and the Police Department had indicated there had been minimal calls for service attributed to this property over the last three years. During that same time period, she remarked, there had been no calls for service related to narcotic violations or investigations in the entire police reporting district that encompassed this property. In addition, the crime rate in this district had steadily decreased ANAHEIM CITY COUNCIL MEETING MINUTES August 24, 2004 Page 10 over the last three years. The code enforcement records for the property indicated there were a small number of minor complaints. Ms. Vander Dussen stated staff recommended Council uphold the Planning Commission's approval for the following reasons: 1) the Commission did consider the concerns of the appellants prior to making its decision, including testimony and statistical information from the Police Department and Code Enforcement; 2) as conditioned, the facility would produce less traffic and house fewer residents than the currently permitted sober living home; 3) the existing residential character of the home would be maintained and additional on-site parking spaces accessible from the alley would be provided to bring the home up to code; and 4) unlike the currently permitted sober living home, the proposed residential group care facility would be licensed and regulated by the State Department of Alcohol and Drug programs and subject to the conditional use permit. Staff further recommended that two new conditions be added to those imposed by the Commission to address the neighborhood concerns that were heard. The applicant agreed to grant access to the facility and pay the cost of code enforcement quarterly inspections to ensure the property maintained compliance with State and local statutes, ordinances, laws and regulations; and also agreed the address numbers of the residence should be placed in such a manner acceptable to the City of Anaheim on the front and rear building elevations to make the unit readily identifiable for guests and staff. Council Member Hernandez questioned whether there was any City oversight of the facility at this time; Ms. Vander Dussen responded there was none. He then asked if there was anything the City could do with no regulations and no oversight to solve some of the problems generating complaints from the neighbors. Ms. Vander Dussen responded that the Police Department could respond to any criminal activity on the site, but the City could not bar them from operating, and was required to treat the home like any other residence. Council Member Hernandez inquired if Council approved the conditional use permit and the group care facility violated the conditions of the permit, could the facility revert back to a sober living home. Ms. Vander Dussen stated if the conditional use permit was revoked, the facility could operate as a sober living home without any City regulations. Council Member Hernandez acknowledged the only way the City could deal with complaints generated by the neighbors was through the issuance of a conditional use permit. Jack White, City Attorney, pointed out that because the residential care facility would be operating under a State license, the conditional use permit was necessary for the State's license to stay in force. Mayor Pringle opened the public hearing. Paul Chiavatti, property owner stated Expedition House had been in operation on Brookhurst Street for seven years without incident and this change to a care facility was the evolution of his company. He indicated that at the Planning Commission hearing there were many agency representatives supporting the conditional use application such as the Board of Directors of the Sober Living Coalition, head of National Council of Alcoholism and Drug Dependency and others. He indicated Expedition House had worked with substance abuse services coordinating agency Narcanon, had contracts and affiliations with the Health Care Agency of Orange County, the Drug Court Foundation, and Chapman Hospital, and also had worked over the last seven years with Orange County Probation. He stated he was licensed and certified by the State of California Department of Alcohol and Drug Programs, as well as certified through the County of Orange Sheriff Department, Orange County Probation, ANAHEIM CITY COUNCIL MEETING MINUTES August 24, 2004 Page 11 Orange County Parole, the Sober Living Coalition of Orange County, and others. The most difficult certification to get, he pointed out, was through the Credentialing Agency of Rehabilitation Facilities (CARF) which was one of only two certifying agencies recognized nationally by every insurance company, HMO and all health care related government agencies such as Medicare, emphasizing he had received that credential. Mr. Chiavatti indicated the property at 1610 Brookhurst had been used legally in the past as a sober home for 15 people who could come and go as they pleased. He stated if the appeal was denied and the conditional use permit approved, the number of cars would be greatly reduced and the operation would be monitored 24 hours a day and overseen by Dr. Tom Montgomery, director of treatment, and Greg Barry, supervisor of operations. He indicated Dr. Montgomery had 30 years of experience in the Anaheim area and Mr. Barry had 27 years of experience managing properties of this type. He stated random drug testing would take place on an on-going basis. He stated no neighbor had ever come to the home or contacted him or his company about any problems during the seven years at that site. He stated his company's public relations person had gone to WAND and other meetings since 2001 over the course of the last three years and the only code enforcement violation he had received had related to a fence in the wrong area which was promptly corrected. He stated the Police had no reports of parking in the alley and blocking driveways, there was no report of any tenant urinating in the alley, and that he had tried to meet with the neighbors sending out 49 letters with only 8 persons present at the meeting. He indicated Expedition house remained open to attending community meetings in the future to provide neighbors with an avenue to express questions and concerns. Doyle Harris, Pearl Street resident, indicated he lived near a similar operation on Pearl Street, and spoke in support of the facility. He indicated his original concerns relating to how. the facility would impact his rental properties and trash disposal had been overcome and he felt his property benefited from the facility. Greg Barry, clinical operations manager with Expedition House, provided a brief history of his background and training. In discussing his role with Expedition House, he had told Mr. Chiavatti the key component was building quality into the programming and to have oversight by agencies knowledgeable about treatment. He indicated that certification by CARF, because it was nationally recognized in terms of quality oversight and what they recommend and demand of group care facilities was necessary, and had cost thousands of dollars for Expedition House to voluntarily go through the credentialing process. The residential group care facility, he indicated, was much different than the sober living home and the organization was committed to providing a safe environment for families and homeowners residing in the area. Norma Leggtwice, resident, indicated neighbors had raised $350 to appeal the Planning Commission decision to approve the conditional use permit and had also turned in a petition of opposition with 110 signatures collected from 100 homes in 10 days to do so. She stated she lived in an active neighborhood, one in which the neighbors had worked with the police to eliminate five drug or problem homes with five years of serious effort. She referenced testimony at the Planning Commission hearing in which many neighbors had related concerns about land use, safety and unsubstantiated claims from Expedition House management. She indicated the elderly neighbor mentioned by Mr. Chiavatti was too afraid to testify but stated in an interview that she was not helped by Expedition House residents and that she discovered a leather jacket missing after a visit from one of their residents. ANAHEIM CITY COUNCIL MEETING MINUTES August 24, 2004 Page 12 Susan Serat, resident of Midwood Manor, spoke in opposition to the conditional use permit, stating the neighbors had been led to believe conditional use permits and licenses would bring safety. She indicated there were only six investigators in the Department of Alcohol and Drugs and Alcohol programs to regulate the entire state and because of budget cuts, they did not have the manpower to regulate, a situation which occurred in other State agencies such as the Probation Department. She indicated Anaheim police statistics did not reflect the actual pain and distress caused by the operation of Expedition House stating there had been apparent criminal behavior but that neighbors were terrified to report. She complained of too many vehicles parked and blocking the alley, no street sweeping occurring because of the parked vehicles and two fires that occurred in the alley in the last two years. Nicholas Laderman, resident, addressed the integrity of the applicant, pointing out Mr. Chiavatti had stated he had contracts with the Health Care Agency and the Salvation Army and had preferred working with the Salvation Army because the participants were very serious about their sobriety. Mr. Laderman reported that a letter received from the Salvation Army stated they did not have a contract with Expedition House for any of the locations in Orange County. Young Lee Antos, spoke in opposition to the conditional use permit and pointed out that over 100 residents had signed a petition in protest of the conditional use permit and requested Council not ignore their concerns. In her power point presentation, she addressed the makeup of the participants in a residential group care facility indicating the majority of the participants would be adult men with alcohol or substance abuse problems and would be screened by appropriate State or County agencies. Derived from statistics put out by the state, she pointed out that in changing from a sober living home to residential group care facility, the residents' backgrounds would reflect the following statistics: 35 percent would have been in jail in the past six months, 36 percent would be on parole, 23.8 percent would have used amphetamines, 35.1 percent would have used alcohol, 15.9 percent would have used crack/cocaine, and 17.7 percent would have used heroin or other opiates. She felt the neighborhood would then be facing more problems than were presently occurring with the expanded use. Jeannie Gallagher Sumi, Midwood Manor resident, spoke in opposition to the permit stating no permit could assure a change of attitude or the type of management utilized and that no license could assure credibility or safety. She referenced a letter from Assemblyman Ken Maddox, in which he asked if the City could explain how Expedition House could be operating with 15 people when they were currently licensed by the Department of Alcohol for six residents. She stated that even though Expedition House had fewer residents, there were still some of the same problems; illegal parking, beer cans and beer bottles present, harassment of neighbors, pornography, and tenants drinking in the alley and tossing bottles into neighbor's yards. She stated this situation was detrimental to the peace, health and safety and general welfare of the community. Kyle Vouch, 2122 W. Pacific Avenue, voiced his objection to the conditional use permit and presented photos depicting beer cans or beer bottles found in the alley behind 1610 Brookhurst. ANAHEIM CITY COUNCIL MEETING MINUTES August 24, 2004 Page 13 Murray Rodman, resident, added his opposition to the permit, stating he had met with Expedition House representatives and had heard three different scenarios as to supervision for a residential group care facility during the evening hours and had not received clarification as to how that would be handled. He referenced recovery rate statistics over the long term and questioned Dr. Montgomery's background and experience. John Foulks, resident, felt the group care facility did not meet the criteria of family as tenants would rotate every two weeks to four months, were not reflective of a permanent household and asked that the City review their interpretation of family as it related to a sober living home. Patricia Cotter read portions of a letter received from the Salvation Army which described in detail as to why contracts were not entered into between the Salvation Army and sober living homes. Clementine Gonzalez, resident, spoke in opposition to the conditional use permit, citing safety concerns for her family members and visitors as the tenants of 1610 Brookhurst had shown no respect for neighbors. She pointed out her family had built higher walls, covered the main back gate facing the alley and added an additional gate to prevent tenants from looking onto or accessing their property. Heather Bolle, resident, spoke against the permit, citing safety concerns. She indicated a locked enclosure had been installed in her front yard so that people could not access the front door, as well as a locked rolling gate in the back yard to prevent access. She stated it was very unsettling to have 1610 Brookhurst tenants staring into their yards for long periods of time and mentioned the helplessness she and neighbors had felt in trying to deal with the safety concerns arising from Expedition House. Phyllis Giana, resident, spoke in opposition to the permit and was concerned that additional facilities would be located in Anaheim. Sam Roth, resident located behind 1610 Brookhurst, spoke against the permit, indicated he had experienced profanity, fighting, arguing and drinking and had now installed security doors and security lights on his property. Shirley Garcia, read a letter of opposition from 15-year old Carly Bolle, who cited safety concerns for her and her family. Esther Wallace, chairman of WAND, spoke in opposition to the permit, reflecting that the problems neighbors had complained of for several years relating to Expedition House had not changed, and that the actions of the tenants of the sober living home had affected their lives. She requested that the permit not be granted to Expedition House citing the owner had no concern for the neighbors. Judy Johnston spoke in opposition to the conditional use permit, stressing how poor management of the sober living home had altered the environment of the community. She commented there were two other sober living homes in the area, one having received no complaints and the second which had suspected alcohol and drug activity; and when it folded on its own, the shopping carts, liquor bottles, and congregating men had disappeared. ANAHEIM CITY COUNCIL MEETING MINUTES August 24, 2004 Page 14 Ralph Duran, resident of Midwood Manor, spoke in opposition to the permit, stating he had seen tenants loitering in the alley, had experienced trash in his yard was concerned about the safety of his family. As no other testimony was offered, Mayor Pringle closed the public hearing. Mr. Chiavatti offered rebuttal testimony. Regarding the stolen leather jacket mentioned from the neighbor next door who said the police came out, he stated there was no police report filed. Regarding inspections from the Department of Alcohol and Drug Programs, Mr. Chiavatti said they do come and inspect as a result of complaints as they had inspected his sites last week and found that his properties were under utilized and there was no alcohol or problems found. Responding to Mayor Pringle's question, Mr. Chiavatti indicated he now had five properties in Anaheim. Regarding parking problems in the alley, Mr. Chiavatti again stated there were no police reports. He further commented he had not said he had a contract with the Salvation Army, he said that a lot of his tenants were from the Salvation Army and his former housing director would perform benedictions in the morning and at one time, was the head counselor there. Mayor Pringle remarked that he had heard from a resident of the group home on Pearl Street in support of the Pearl Street facility but had not heard from a single neighbor on Brookhurst indicating they were comfortable with the way the current facility was operated. The neighbors did, however, voice serious complaints. Mr. Chiavatti stated if these neighbors had problems all this time, how was it he did not hear about them. He did indicate he had been trying to meet with the appellants since the Commission meeting but had been met with refusal. Mayor Pringle referenced Assemblyman Maddox's letter stating Expedition House had a license for six people but housed 15, asking how that could happen. Mr. Chiavatti responded that he had 12 to 14 people before the license, but when the license was received in October of 2003, he cut back to six beds in November and had been operating that way ever since. Mayor Pringle asked how the manager spent his time at the facility. Mr. Chiavatti noted that typically at a sober living home the manager would come and go and spend the majority of his off-work time there, but would have an outside job. He indicated there was a requirement that every tenant must have a job or be looking for a job. Mr. Chiavatti stated if the conditional use permit was granted, the residents of Expedition House would not be allowed to leave, there would be a counselor present during the day and a manager there at night. He also stated there would not be any cars and the residents would be actively working on their sobriety. Council Member Tait pointed to the Planning Commission minutes in which Mr. Chiavatti responded that he had contracts with the Health Care Agency and the Salvation Army and to Mr. Chiavatti's earlier statement in which he said he never had contracts. Mr. Chiavatti explained that he had misspoke and should have said associations or affiliations rather than contracts. Council Member Hernandez remarked that Mr. Chiavatti had referenced a number of certifications, licenses and approvals his organization had received and there was no ANAHEIM CITY COUNCIL MEETING MINUTES August 24, 2004 Page 15 question that he was well certified, but the complaints raised by the neighbors spoke to the behavior of Expedition House clients. Council Member Hernandez questioned what would be done to control the behavior of his residents in the future. Mr. Chiavatti responded guests of the facility would have to be scheduled in writing and the facility would be run differently. Mayor Pringle asked if Mr. Chiavatti had been caught off guard by the neighbor's responses and Mr. Chivatti replied that he had heard the comments during the Planning Commission meeting and had been surprised. The Mayor stated some group homes had an impact on their neighborhoods and some did not and, in this case, the current home was not run without upsetting the neighborhood. He spoke of the power of the arguments put forth by so many neighbors, and the specific impacts cited individually by them. The Mayor doubted that the Planning Commission realized the home was currently licensed for six but had viewed them as a home operating with 15 residents, concluding that the residential care facility with 13 residents and more oversight would have less of an impact on the community. Mr. Chiavatti said his letter of operation stated he was operating a home with six residents. Council Member Tait pointed out that Mr. Chiavatti's testimony taken from the June 14th Planning Commission minutes stated his property was being managed as a sober living home with 15 residents able to come and go as they please. Mayor Pringle asked if staff was aware Mr. Chiavatti was presently licensed as a six-person facility. Ms. Vander Dussen referenced Mr. Chivatti's letter in which he indicated he had applied for a ADP license for six but was presently operating as a sober living home for 15 individuals. City Attorney Jack White interjected that if Council were to deny the conditional use permit, Mr. Chiavatti would have the option of operating as a sober living home with 15 residents or as a licensed facility through the state with six residents. Council Member McCracken questioned if the conditional use permit went with the property, not with the property owner. Mr. White confirmed that the permit remained with the property, as long as the new property owner met all the conditions imposed. Council Member McCracken explained she had real reservations on approving a conditional use permit for an operator who had brought such problems to the community. Council Member Tait affirmed he had been looking for a way to approve the conditional use permit because he originally felt granting the permit would improve the situation and bring the home under regulation. He stated when this many people speak so convincingly, he did not feel management of the facility would improve under a conditional use permit and could not support approval of the permit. Council Member Chavez talked about the challenges facing the neighbors, the substance abusers and the Council in making this decision. He felt the only way to fix social problems associated with substance abuse was to have addicts under supervised care. He also felt the neighbors had not started documenting their complaints until July, a month after Mr. Chiavatti applied for the conditional use permit. Council Member Chavez believed that having a full-time counselor and a conditional use permit giving the City the ability to inspect the facility quarterly was a better way to deal with any problems associated with the operation of the group home stating he would be supportive of the permit for a one year period. ANAHEIM CITY COUNCIL MEETING MINUTES August 24, 2004 Page 16 Council Member Hernandez indicated he would be supporting the appellant as he did not feel management would change or the problems identified would be cured under the conditional use permit. Mayor Pringle indicated that Judy Johnson and Heather Bolle came to see him prior to the Council meeting and he had listened to their presentation. He also commented he had received a call from the applicant and did not return the phone call as he was leaning toward supporting the conditional use permit because the City would have greater oversight with it in place. Mayor Pringle stated he did not feel that way today, that the current management of the home was not good enough and the facility operated without good oversight or care. The Mayor emphasized that if there was this level of concern in the neighborhood, Mr. Chiavatti should have been aware of it and the neighbors should have been contacted by Mr. Chiavatti long before it reached this stage. The Mayor stated Mr. Chiavatti would need to earn trust back from the neighborhood and should spend the next six months to a year proving to the neighbors that a group home could be operated without impacting the property values and lifestyle of its neighbors. Council Member Tait moved for denial of the conditional use permit, finding the denial would not aversely affect the ability of recovering alcoholics and drug abusers to find residential housing in the City of Anaheim because the City had made a reasonable accommodation through the approval of existing conditional use permits to the current applicant that were underutilized; seconded by Council Member McCracken. Roll Call vote: Ayes —4; Mayor Pringle, Council Members: Hernandez, McCracken and Tait. Noes — 1; Council Member Chavez. Motion Carried. COUNCIL COMMUNICATIONS: Council Member Hernandez requested an item be agendized to reimburse the appellant's appeal fees for Item B2. He also announced the passing of three retired employees: Boyd Van Wyckhouse, one of the first paramedics in the City of Anaheim, Robert Linenfelse and Ralph Tikker of the Public Works Department. Council Member McCracken announced on Thursday, August 26th, the Chamber of Commerce and a number of non-profit groups would be hosting an event at the Convention Center at 5:30 p.m. for attendees to see what the non-profits in Anaheim are doing to make the City a better place. She also indicated that on Friday at Pearson Park at 7 p.m., the Anaheim Ballet was showcasing young people who had been in their summer program. Council Member Chavez reported the Anaheim Firefighters were hosting the annual "Fill the Boot" campaign on Saturday for muscular dystrophy at the corner of Harbor and Katella, a fundraiser by the Anaheim Firefighters for 21 years. Mayor Pringle indicated he had been visited by the City Manager and a council member from the City of Garden Grove to brief him on their interest in terms of a gaming casino in the City of Garden Grove. The Mayor had shared with them that he had historically and would continue to oppose expansion of gaming in Orange County, but that he did not speak on behalf of Council colleagues. Mayor Pringle also reported that AB710 (Correa) had passed the State Senate last week and was expected to pass the State Assembly this week. He commented the bill would allow for ANAHEIM CITY COUNCIL MEETING MINUTES August 24, 2004 Page 17 greater representation of cities on the Orange County Transportation Agency and would offer a stronger vote for Anaheim. ADJOURNMENT: There being no further business to come before the City Council, Mayor Pringle adjourned the meeting at 9:05 P.M. Resp tfully submit d: 'Sheryll Sder, MMC City Clerk