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2001/05/08 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING MAY 8,2001 The City Council of the City of Anaheim met in regular session. PRESENT: Mayor Pro Tem Shirley McCracken and Council Members Frank Feldhaus and Lucille Kring. Mayor Tom Daly and Council Member Tom Tait entered the Council Chamber at 3:10 P.M. STAFF PRESENT: City Manager Jim Ruth, City Attorney Jack White, City Clerk Sheryll Schroeder, Police Officer Randall West, Police Captain Stephen Sain, Police Investigator Allan Roman, Police Department Legal Advisor Christina Talley, Community Development Executive Director Elisa Stipkovich, Finance Director William Sweeney. A copy of the agenda for the meeting of the Anaheim City Council was posted on May 4, 2001, at the City Hall inside and outside bulletin boards. Mayor Pro Tem McCracken called the regular meeting to order at 3:09 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. ADDITIONSIDELETIONS TO CLOSED SESSION: None. PUBLIC COMMENTS - CLOSED SESSION ITEMS: None. Mayor Pro Tem McCracken moved to recess to Closed Session, seconded by Council Member Kring. Motion carried unanimously. The Council recessed to Closed Session at 3:10 P.M. 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Kord Group v. The Fieldstone Company, et aI., Orange County Superior Court Case No. 76-32-58. 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Parkin, et al. v. City of Anaheim et aI., United States District Court Case No. SACV01-422DOC(ANx). 3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code: one potential case. 4. LIABILITY CLAIMS - Claimant, Arlene Russell. Agency claimed against: City of Anaheim 5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Cox, et al. v. City of Anaheim, United States District Court No. CV-98-3286RAP(SHx). ""T"'" . ANAHEIM CITY COUNCIL MEETING MINUTES MAY 8, 2001 PAGE 2 6. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code: two potential cases. The facts and circumstances of one potential case are not yet known to a potential plaintiff or plaintiffs. The facts and circumstances of one potential case relate to the City's worker's compensation and permanent light duty programs and the funding of such programs. 7. CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: James D. Ruth Unrepresented employee: Public Information Officer 8. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Agency designated representative: David Hill Employee organization: Non-represented Management Employees 9. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Agency designated representative: David Hill Employee organization: Service Employee's International Union, Local 1877 10. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: 516 East Santa Ana Street, Anaheim, California Agency negotiator: Elisa Stipkovich Negotiating parties: Anaheim Redevelopment Agency and Voit Development Company. Under negotiation: Price and terms 11. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Drummond v. City of Anaheim, et al. United States District Court No. SACV-00-243-AHS(Anx) AFTER RECESS: Mayor Daly called the regular Council meeting of May 8, 2001, to order at 5:53 P.M. and welcomed those in attendance. INVOCATION: Tony Berge, Victory Baptist Church FLAG SALUTE: Council Member Kring 119 PROCLAMATIONS AND DECLARATIONS: Recognizing the recipients of the 2001 Gene Autry Humanitarian Awards was presented by Ed Munson, Anaheim Chamber of Commerce to the following students: Crystal Bodoya, Anaheim High School, Sylvia Dole, Katella High School, Steven Douglas, Jr., Loara High School, Jessica Hagashi, Acaciawood Academy Erin McDowell, Cypress High School. Introduction of the Cinco de Mayo Queen was postponed to a future meeting. --...-' ._.. ',," ~~,,_... ANAHEIM CITY COUNCIL MEETING MINUTES MAY 8, 2001 PAGE 3 Recognitions to be presented at a later date were: Proclaiming of May 2001 as Hire A Veteran Month and proclaiming May 13-19, 2001, as National Nursing Home Week. At 6:03 P.M., Mayor Daly recessed the City Council meeting until after the Anaheim Housing Authority meeting. Mayor Daly reconvened the City Council meeting at 6:09 P.M. ADDITIONS/DELETIONS TO THE AGENDA: None. PUBLIC COMMENTS: Ray Valencia, 8431 Danberry Circle, Huntington Beach, asked Council to investigate the operating permit of the Barbary Coast Bar. Mr. Valencia said that one of his apprentices, Arthur Martinez, was killed outside the bar on April 16, 2001, by an individual that was out of jail and on probation from a previous felony. James Robert Reade, 100 West Midway Drive, Space 124, read a letter he sent to Reverend Jessie Jackson regarding civil rights and a letter to the American Civil Uberties Union. George MacLaren, 323 South Indiana Street, said that Code Enforcement left notices of violation at 314 and 315 South Indiana Street pertaining to the peeling of paint on the houses. He said that the citations would cost the owners thousands of dollars and a re-inspection fee of $62. He believed that peeling paint was not a cause to site a person. Mayor Daly directed the City Manager to check into the :ircumstances. Dr. Scott Sellens, 710 South Brookhurst Street, Suite N, said that he believed that legitimate massage therapy was not being practiced in the Sherwood Center and he commented that the presence of the massage establishments had started to detrimentally affect his practice. Judy Johnston, resident of west Anaheim, said she used to manage a 40-bed intensive care unit as a Registered Nurse at UCI Medical Center and she said that having a qualified person was essential in a massage establishment and she was in favor of the proposed ordinance. Sheila King, representative of the owners of Parkwood Village Apartments, said she was opposed to the approval of the grading of a temporary parking lot and proposed theme park within the Anaheim Resort Area. She believed that the five-year extension would impact the Parkwood Village community. Deborah La Veene, resident manager of Parkwood Village, said that the 1,700 parking spaces behind Parkwood Village would create more smog, noise and traffic and she believed that there had been no environmental impact report prepared to show how detrimental it would be to her community. Nicholas Latimer, 2049 Harle, said that he had seen a general decline on Brookhurst Street and he asked Council to look out for the community's best interests. John Harmon, resident of Parkwood Village, said that only the owners of Parkwood Village property were notified of the parking lot change and not the residents. He asked if Clementine -~' "._".."--,.,,.__.. ANAHEIM CITY COUNCIL MEETING MINUTES MAY 8, 2001 PAGE 4 Street was going to be opened up for all the traffic in the neighborhood. He asked that all the residents in Parkwood Village be noticed about the parking lot prior to any decisions being made on permits by the City. Kathryn Smith, addressed Item A 14 relating to message establishments. She said that she was concerned with the message establishments that had recently begun in her area. She asked Council to look at what was happening in the area and to respond to the letters of the residents. Helena DeCoro, a west Anaheim resident and a public school teacher, addressed three square blocks on Brookhurst Street and shared pictures of the are with Council. She said that between Broadway and Ball Road, there was Fantasy Video Arcade, three pawn shops, six deteriorating bars, two topless bars and five new message parlors. She noted that a beautician had to have 1,800 hours of schooling and she believed that 500 hours for a licensed massage therapist was far too little and that they should also have 1,800 hours of schooling. Esther Wallace, Chairman of West Anaheim Neighborhood Development, voiced concerns about the message parlors in the area. On behalf of WAND, she asked that Council strengthen the massage ordinance and raise the course of study to 500 hours. WAND would like the message therapist to pass an exam which included knowledge of anatomy, physiology, hygiene, massage theory and an additional training yearly to keep up with new methods and theory. The message therapist should have a valid CPR and first aid certificate, hours should be limited from 8:00 A.M. to 10:00 P.M. and off-premises messages would require a special permit. WAND was concerned about the prostitution, crime and drugs in the area and wanted to keep good businesses in the area. Raj Leif, a resident of Parkwood Village, expressed concerns about the noise level. lights, dust and exhaust fumes and asked Council to consider those things before granting a permit for a parking lot. Alma Ramirez, 100 West Midway Drive, Golden Skies Mobile Home Park, commended Janet Baylor, Fire Department and June Aageson, Council Office, for their professional demeanor and expressed concerns regarding the Police Department. Paula Schlue, 9047 Grand Circle, Cypress, said she owned the Body Center Health and Wellness Center located at 430 North Lakeview Avenue. She said that she was a licensed massage therapist with over 500 hours of training as well as being nationally certified. She supported the new ordinance pertaining to message therapy and was in agreement for the 500 hours of schooling requirement and the City testing. She expressed her concern that the amount of time to grandfather a licensed was not enough for a licensed therapist to obtain the required hours. She noted that the City of Fullerton had changed their hour requirement from 300 to 500 and grandfathered their therapists for two years and San Diego changed their hours from 100 to 500 and granfathered their therapists for four years. She proposed that any therapist that was nationally certified be waived from having to take another test from the City. Charles Bradley, 3208 West Faircrest Drive, was in support of the message ordinance and was concerned that some of the message establishments were being used for houses of prostitution particularly on Brookhurst Street. Bob Mitschel, 1590 West Cerritos Avenue, was concerned about massage parlors in the area. Keyon Leantros, referred Council to the Newport Beach ordinances relating to message. ANAHEIM CITY COUNCIL MEETING MINUTES MAY 8, 2001 PAGE 5 James Songer, 2611 West Rome Avenue, spoke concerning the proliferation of businesses such as adult book stores, message parlors or gentlemen's clubs or strip joints. He asked Council to do something about the epidemic of message parlors in west Anaheim. Bill Lane, 2215 West Falmouth Avenue, spokesperson for the 1-5/91 Freeway Neighborhood Advisory Council, encouraged Council to support WAND's effort to tighten up the municipal code and not let massage establishments drive out the good businesses. Judith Anne Gollette, 649 South Roanne Street, Vice Chair of the West Anaheim Neighborhood Development group, said that she did not know of a safe massage place in west Anaheim and she said that the Beach Boulevard problems had moved to Brookhurst. She said that for the people who needed massage therapy needed to be protected. A holistic health practitioner would need to have a minimum of 1,000 hours to have a facility in order to have a massage therapist there. Ms. Gollette asked Council to look at the suggestions of the Police Department. Lawrence Conden, 2642 West Greenbrier, thanked Council for the assistance with the west Anaheim Little Leagues and he introduced his son, Sam, who presented an award to Council for saving their fields. Larry Slagle, Yellow Cab Company, 1619 East Lincoln Avenue, addressed Item A15. He said that the ordinance appeared to be going in the same direction that the ordinance was prior to the franchise. He believed that the best qualified operators should be selected and recommended for the City. He encouraged Council to look at the language of the ordinance so that there could be the highest and best qualified operators serving the City and he asked for the ordinance to be continue for one week. Gwen Ard, 1730 S. Euclid Street, who had a massage establishment at the corner of Katella Avenue and Euclid Street said that her facility had a clean record. She was concerned about the new ordinance because of the posting of the permit in a public lobby because It had the massage therapists name, address, date of birth and social security number on it. Another concern she mentioned was that her massage therapists had only 100 hours of schooling and would have to get the other 400 hours at a cost of ten dollars per hour. She added that the Yellow Pages phone book would not place anyone in their book without a permit. Mayor Daly moved to waive reading in full of all ordinances and resolutions, seconded by Council Member McCracken. Motion carried unanimously. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A21: On motion by Mayor Daly, seconded by Council Member McCracken, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Mayor Daly offered Resolutions Nos. 2001 R- 113 through 2001 R-117 for adoption and Item A4 was continued to May 15, 2001. Motion carried unanimously, Council Member Tait voted no on Item A 15. 118 A1. Reject certain claims filed against the City and the application for leave to present a late claim. 123 A2. Approve Agency-State Agreement for the Federal Aid Project No. 12- 5055, Program Supplement No. M082, for the Euclid Street Improvement Project from La Palma Avenue to Westmont Drive. ANAHEIM CITY COUNCIL MEETING MINUTES MAY 8, 2001 PAGE 6 123 A3. A4. 123 Approve and authorize the Mayor and City Clerk to execute the agreement with Nichols Consulting Engineers, in an amount not to exceed $40,000, for preparation of the pavement material reports for the 2001-02 Federal Pavement Rehabilitation Projects. Approve and authorize the execution of a five-year agreement with two one-year options to renew between the City and the Anaheim Transportation Network for operation of ten electric buses and two electric trams in The Anaheim Resort™. Mayor Daly moved, seconded by Council Member McCracken, to continue A4 to May 15, 2001. Motion carried unanimously. A5. 123 A6. 123 A7. 123 A8. 160 160 A9. A10. 123 123 A11. Approve and authorize the execution of the Coordinating Agency Agreement with the County of Orange to ensure that the Unified Program is implemented in a consistent and coordinated manner. Approve and authorize the City Manager to execute an agreement with Decade Software Company for the acquisition and installation of Envision for Windows in an amount not to exceed $29,500, for an information system for the Fire Department. Accept the bids and authorize the execution of two year agreements with Master Landscape, in an amount not to exceed $113,866, and with Sunbelt Landscape & Maintenance, Inc., in an amount not to exceed $141,120, with three one year optional renewals for the landscape maintenance in the Resort District for Walnut Street and Katella Avenue Projects and authorize the Purchasing Agent to execute the renewal options in accordance with Bid No. 6113. Accept the bid of Elxsi, d.b.a. Cues, in accordance with Bid No. 6131, for retrofitting the sewer TV inspection system, Streets and Sanitation Division, in the amount of $42,785 (tax inclusive). Waive the sealed bidding and advertising requirements of Council Policy #306 and authorize the Purchasing Agent to issue a purchase order to Canada Power Products in the amount of $103,025 (plus applicable taxes) for submersible controllers, batteries, cable and enclosures for a switch automation project at Harbor Boulevard. Extend the Agreement with the Orange County Conservation Corps for one year in an amount not to exceed $300,000, to address gang and drug problems. Approve an Amendment to Agreement with the County of Orange that will enable the City to implement the Families and Communities Together Grant Program for the provision of services that promote safe and stable families and reduce child abuse. ANAHEIM CITY COUNCIL MEETING MINUTES MAY 8, 2001 PAGE 7 123 A 12, Approve and authorize the Mayor to execute a purchase and sale agreement and necessary easements to acquire the property at 1211 North Magnolia Street for park purposes, for an amount not to exceed $1,931,569, and an agreement with the West Anaheim American Little League for use and maintenance of said property. 158 A 13. Approve and authorize the Mayor and City Clerk to execute the quitclaim deed transferring City property, a portion of the alley located west of Michelle Drive, south of Lynne Avenue and east of Hampstead Street, to the Anaheim Housing Authority and waive City Council Policy No. 216. 142 A14. ORDINANCE NO. 5771 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM repealing Chapter 4.29 of, and adding new Chapter 4.29 to, Title 4 of the Anaheim Municipal Code relating to massage establishments. Council Member McCracken asked if the following comments could be considered or should Council look at amending the ordinance down the line since the comments could be additional things to address: (1) acquiring 400 additional hours of training within one year; (2) waiving the test for anyone that held a national certification; (3) time frame for exams to be given; (4) State law allowing unlicensed message therapists under the direction of a chiropractor; (5) outcall services and (6) Yellow Pages permit numbers being required. Investigator Allan Roman said that the quickest way to meet the 500 hours of curriculum and training would be six months on a full time basis and on a part time basis, some people had taken up to four years to accommodate their personal and home schedules. City Attorney, Jack White, noted that the ordinance was written in a way that there should be 500 hours of instruction and graduation from a recognized school of message. He said that the current ordinance required technicians to have graduated from a recognized school of message and did not have a minimum number of hours. The new ordinance, he said, created the option to have either 500 hours from a recognized school or the instruction could be waived by passing the written examination that was given to new applicants. So anyone who had an existing permit, with a refresher course, could comply within the one year period. He said that it was not where existing operators had to go out and get 500 more hours of instruction and they should have had their certificate from a school already since the ordinance currently required a certificate. He said that it was a one time test, two tests were given; one was on the science or art of the massage and an examination on knowledge of the requirements of City ordinances relating to message establishments. In order for a technician to renew the permit they had to maintain ten hours of instruction annually, he said. The ordinanCe outlines the areas that would be tested and the tests were given in many other cities throughout the County. In response to Council Member McCracken, City Attorney White said if State law authorized someone to practice under a physician's license and administer messages, then that would supersede any limitation in the City ordinance and be a benefit that the State law would provide to those persons. The City ordinance, "-r" ANAHEIM CITY COUNCIL MEETING MINUTES MAY 8, 2001 PAGE 8 he said, did cover attire of technicians who would be administering messages and specify that there was a limitation on out call messages, limiting them to business locations and required that anyone that wished to administer an out call message to have an out call permit, an off-premises permit issued by the City specifying the location where the message would be administered. The City Attorney said that with regard to the Yellow Pages, there were concerns about possible first amendment arguments on forcing someone to place the number in an advertisement as opposed to placing it on a license that they had to display at the premises. Council Member Kring commented that the Yellow Pages had special rules and were very strict and they determined what could be or not be placed in the Yellow Pages and if the licenses were in there, it was because the Yellow Pages company demonstrated that there was a need to have it placed in there per their codes. In response to Council Member Feldhaus, City Attorney White said that the licensing and permit requirements shall have no application to any State licensed physicians, surgeons, chiropractors, physical therapists or any registered nurse working on the premises of, and under the direct supervision of a State licensed physician, surgeon, chiropractor or osteopath. In response to Council Member Kring and Mayor Daly, Sergeant Randall West said that it would be nothing different than would be required of a cosmetologist or a beautician. Barber shop licenses were required to be posted in public view and typically there was a piece of tape placed over the address to cover it up; however, it was still posted in public view for inspection purposes by Code Enforcement and Police Department. Council Member Kring expressed her concern about identity theft and Police Captain Sain reported that the home address on the permit could be covered with tape and that would be acceptable to the Police Department. In response to Council Member Kring, City Attorney White said that a nickname should not be used on the name badges to avoid the use of aliases. Police Department Legal Advisor, Christina Talley, said to Mayor Daly that in comparison to the Newport Beach ordinance, the proposed ordinance was almost verbatim even though there were some of the provisions from the City's previous ordinance. She added that certain people that work for chiropractors were still required to obtain message technician permits. Council Member Tait asked if the City's ordinance had the same time lines as Newport Beach and Christina Talley responded that the ordinance did have it and had a twelve month grandfathering clause. 173 A15. ORDINANCE NO. 5772 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending various Sections of Chapter 4.72 of Title 4, and adding Section 1.03.070 to Chapter 1.03 of Title 1, of the Anaheim Municipal Code relating to taxicabs. ANAHEIM CITY COUNCIL MEETING MINUTES MAY 8, 2001 PAGE 9 In response to the Council, City Attorney, Jack White, stated that at next week's meeting, if the ordinance was introduced this meeting, and the Council desired to make amendments, it would require another first reading and then take a third meeting to be adopted. In response to Mayor Daly, City Attorney White said that with regard to the ordinance, there was a fundamental difference between franchises and permits. A franchise system, he said, was to allow a competition between applicants and for the Council to pick and choose the best providers of taxi service. A permit system, by definition, he said, was a system where criteria was set and those meeting the criteria were issued. He said that the applications for permits would only come into play if two pre-conditions were satisfied. The first was that the franchise ordinance was somehow no longer in operation at all; that it was either repealed or held invalid by a court, and second, even if it were still in operation, or if the permit system was now in operation, the Council would have to determine that they wanted to issue additional permits and make a finding that there was a need for more taxis under the criteria that was in the proposed ordinance. He said that the reason that the ordinance was written to provide that any applications received on the first day of the application period would be treated as having been received at the same time rather than first in the door, first in line to get a public hearing. Any companies that submit an application on the first day that the period was opened by the Council, he said, if there was more than one, then it would be done on a random basis and an order established as to how those were processed for permits. 158 A16. A17. 158 113 A18. A19. 153 153 A20. 114 A21. RESOLUTION NO. 2001 R-113 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 NO.1 0392). RESOLUTION NO. 2001 R-114 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. 10389-10391 and 10393-10395). RESOLUTION NO. 2001 R-115 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain city records more than two-years old (Library Division). RESOLUTION NO. 2001 R-116 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2001 R- 57 which established rates of compensation for classifications designated as confidential. RESOLUTION NO. 2001 R-117 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving two letters of understanding between the City of Anaheim and the Anaheim Municipal Employees Association. Approve the minutes of Council meeting held on April 24, 2001. ANAHEIM CITY COUNCIL MEETING MINUTES MAY 8, 2001 PAGE 10 END OF CONSENT CALENDAR 105 A22. Nominate and appoint a tenant member to the Redevelopment and Housing Commission to fill the unexpired term of Katherine Tikker, term to expire June 30, 2001. Mayor Daly nominated Maria Flores, seconded by Council Member Feldhaus. Motion carried unanimously. Mayor Daly welcomed Maria Flores to the Redevelopment and Housing Commission. 6:00 P.M. PUBLIC HEARINGS: C1. CONTINUED PUBLIC HEARING: 155 GENERAL PLAN AMENDMENT NO. 2001-00386 AND NEGATIVE DECLARATION: CITY-INITIATED: Anaheim Housing Authority, Attn: Bertha Chavoya, Housing Manager, 201 South Anaheim Boulevard, Anaheim, CA 92805. City-initiated amendment to the Housing Element of the General Plan to consider an update of Citywide housing needs, goals, policies, and programs. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended approval and adoption of the amendment to the Housing Element to the City Council (PC2001-33) (7 yes votes). Item B1 from April 17, 2001. (Continued from April 24, 2001, Item C8 and May 1, 2001, Item C4). Community Development Director Elisa Stipkovich said that after the hearing last week, she believed that all of the issues raised by Housing and Community Development, various citizens were addressed in the staff report. She said that they had also spent time explaining to the State HCD staff that the City had a lot of sites identified on the opportunity map that were indicating potential general plan amendments. The City had moved forward on acquisition of the sites, assuring that they would be providing affordable housing, she said. There was 22 acres in escrow, she said, currently purchased towards that objective and Community Development had listed that in the new submittal as well as provided a map that would be attached to the new submission to the State on the draft Housing Element. Director Stipkovich asked if she would be given the flexibility to make non-substantive or minor changes if Council should approve the Housing Element in substantially the form submitted. Council Member Feldhaus asked Community Development Director Stipkovich if the operator of a shelter could apply for a conditional use permit utilizing the City's unlisted use provisions, would that include the possibility of single room occupancy and she said that for SRO's there was an existing policy that was adopted by Council and they could use that entitlement If they chose to. She said that she could add to the housing element a paragraph to the response on question number four that there was a single room occupancy polley. ANAHEIM CITY COUNCIL MEETING MINUTES MAY 8, 2001 PAGE 11 Mayor Daly announced that the public hearing had remained open and asked for public comment on the proposed Housing Element. Caridad Nodarse, 130 West Katella, Room 244, Arena Inn, said she represented 44 families and that affordable housing was necessary. Elizabeth Gonzalez, 150 West Cerritos, Bldg. 4, was present on behalf of the Dayle Mcintosh Center for the Disabled and was on a mission to find housing for disabled persons who were receiving SDI benefits which were very limited. Unless they had a voucher or a certificate from Housing, there was nothing available for someone with as low of income as they had and she asked Council to consider low income housing for the disabled. Darlene Supancich, 921 South Velare Street, said that one of her adult children was unable to find affordable housing in the City and had lived in a one-bedroom apartment with one child and another child on the way. She asked the Council to provide affordable housing throughout all of the City for working families and singles. Esmaria Clara, 1109 North Citron, said she supported more housing for low income families. Joseph Singh, 7870 E. Viewmont Court, said that the strategy of land banking was good and in reviewing the revised comments to the State he commented that the numbers fell short of what the stated needs wera. He said that it would be good if the City could have the sites that were outlined on the map committed to specific multi-family, low-income housing. Dara Kovel, 500 South Main Street, Ste. 110, Orange, was present on behalf of Mercy Housing which she said had worked with the City to provide affordable housing for low and very low-income residents. She said that the regional housing needs assessment numbers stated that 4,000 units of low and very low income units needed to be created in the City. In August, 2000, she noted, the Council committed $1.25 million to Mercy Housing to work with the City to find a site for 46 units for working families. Nine months later, there was still no site for the units and she commented that it was difficult to find appropriately sized, zoned land in the City to create housing for working families. She said that the general plan update process would be a way to increase the inventory and the densities or at least maintain the densities so that affordable housing could be developed for working families. She said that Mercy would like to see a family housing ordinance comparable to the senior ordinance. In response to Council Member Tait, Ms. Kovel responded that Mercy had just gone through an entitlement process with the City of Oxnard where there were six incentives including variances and the City of Carls bad where there were certain incentives and mandatory requirements on developers. She said that the City could look to those ordinances as guidance and she would provide them to the Council. _..,.".,___ __' ___'~____'_"_W'___'_" H ANAHEIM CITY COUNCIL MEETING MINUTES MAY 8, 2001 PAGE 12 In response to Council Member McCracken's concern about parking, Ms. Kovel said that there was evidence by State and university research on the housing Mercy built and the people served as low and very low i~come working families, that showed the lower the income, the less cars were owned. A parking study in preparation for the family proposal that was prepared for west Anaheim indicated that the parking demand on three different properties in the City, at peak hours, was never more than 1.8 parking spaces to one unit and that included guest and staff parking. Esther Wallace, West Anaheim Neighborhood Development, was concerned about three fourths of west Anaheim businesses being turned over into other properties. She said that it turned out to be quite a few acres and she believed that the 281 acres listed in the Housing Element were the properties that would be turned over to housing. She asked that since there were only 25 acres in the central part of the City; 281 acres in the west part of the City and Gypsum Canyon was to be built, where would the low and very low income housing be placed in west Anaheim. She asked if west Anaheim was going to get all the low income housing and she asked for that not to happen. She believed that there were places in east Anaheim and there were three developments in central Anaheim that had lost low income housing. The West Anaheim Neighborhood Development Group had asked that, as housing would begin to be built, that it would be with people who had some money to buy businesses so that some of the property could be put back into businesses again. She believed that the City could receive more money from sales tax than housing tax and she asked Council to consider other locations in the City other than west Anaheim to place low income housing. Judithanne Gollette, West Anaheim Neighborhood Development, was present on behalf of the group's land use and business development committee. She commented about a letter she submitted to Council regarding the Cobblestone apartments. She said that West Anaheim Neighborhood Development was concerned that the apartment complexes there, which were already on the low end of rent and home values, would be turned over to low income housing and that there was no room for people who could afford to pay taxes and live in the area. Ms. Gollette received a response from Community Development which said that there was a certain number of requirements that the Cobblestone had to adhere to. One, she said was that the number that could stay there would not be limited and that income was not an issue on a certain percentage of units. She said that the letter had been written by the management company and it said that if a person was over a certain amount of income, they would be out. She said that WAND was working with the City and Community Development Department and she said that there should be a balance of quality living in west Anaheim. Rudy Escalante, 710 South Philadelphia Street, believed that affordable housing should be built in the east section and there was a need for affordable housing for low income and middle class people. He said that a lot of people had to move to Riverside because they could not afford the prices in the City. He was in support of affordable housing. Mayor Daly closed the public hearing. He commented that the Housing Element would go a long way towards ensuring that there were additional quality projects ANAHEIM CITY COUNCIL MEETING MINUTES MAY 8, 2001 PAGE 13 built in the City that would be affordable to various income levels. He also commented that there were few cities in Orange County and California that could match the City's track record in terms of meeting the needs of people of various income levels. Council Member McCracken asked about the income ranges of the work force. Community Development Director Stipkovich responded that the very low category was 50% of the median and affordable housing ranged all the way 120% of the median which was considered to be moderate income. She said that the median income was $73,000 per year for a family of four in Orange County. The map showed all of the opportunities or residential sites that Community Development was aware of in the City to get to the 11,000 plus units that need to be created in the City in the future and had not been earmarked in terms of being affordable or mixed. In the supplementai information given to Council, Community Development identified the actual sites that were purchased with affordable housing money which would be the 22 acres, most of which was in the downtown area and some in west Anaheim, she said. Those acres were not necessarily for the very low or low, it was somewhere in all the ranges and could be for moderate income, she said. Council Member Feldhaus asked for clarification of the Cobblestone situation. Community Development Director Stipkovich said that the Cobblestone project was discussed with the WAND group by Brent Schultz, the former Project Manager. She said that it was an acquisition rehab project that was an existing apartment project of 64 units on Beach Boulevard and was in need of some repair. It came in as a tax credit application and Community Development did not subsidize the project but there was some approval given for the tax credit application, she said. It is required of most projects that were funded through the State allocation tax credit program, that the income levels of the people in the project were 60% of the median income, and in the Cobblestone case, it was 60% or below, she noted. There were maybe ten households that were over that limit, she said. The management at Cobblestone should not have sent out a letter the way that they did, she felt, but had indicated to Community Development that the people who ended up moving were given certain benefits to move and had decided to take those benefits and relocate. Director Stipkovich said that the only project she had known about in west Anaheim that was a tax credit project was the Sea Winds on Euclid Avenue. She mentioned that along with the tax credit program, the units must be rehabilitated to a certain level and restrict occupancy and limit the number of people in the house hold. Mayor Daly moved approval of the CEQA Environmental Finding of Negative Declaration, seconded by Council Member McCracken. Motion carried unanimously Mayor Daly offered Resolution No. 2001 R-118 for adoption in support of General Plan Amendment NO. 2001-00386 . RESOLUTION NO. 2001R-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 2001-00386. --r- ANAHEIM CITY COUNCIL MEETING MINUTES MAY 8, 2001 PAGE 14 Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes - O. Motioned Carried. 128 C2. PUBLIC HEARING: To consider a resolution approving the issuance of tax-exempt obligations by the California Statewide Communities Development Authority for the financing of certain equipment and improvements for Anaheim Memorial Medical Center, Inc., in an amount not to exceed $5,500,000. Mayor Daly opened the public hearing and hearing no testimony, closed the public hearing. Council Member Feldhaus said that this had been done for Anaheim Memorial once before and he asked how long ago it was done, what the amount was and what the status of it was. Finance Director, William Sweeney, said that the City had entered into a conduit financing with the Hospital approximately fifteen years ago and this was the first financing he was aware of with this particular organization. It was not an obligation of the City, he said, but the City was assisting in the financing. Mr. Sweeney said that final maturity was in 2020. outstanding was approximately $41,075,000 and it had nothing to do with this particular transaction. Mayor Daly offered Resolution No. 2001 R-118 for adoption in support of the proposal as recommended by the Finance Department. RESOLUTION NO. 2001R-119 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ISSUANCE OF TAX EXEMPT OBLIGATIONS TO BE ISSUED BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR THE BENEFIT OF ANAHEIM MEMORIAL MEDICAL CENTER, INC. Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes - O. Motion carried. D. Report on Closed Session Actions: None E. Council Communications: Council Member Tait directed staff to check into the role of the Orange County Council of Governments (OCCOG) with housing issues and what authority it has over the City. Council Member McCracken asked for a report from staff and a presentation from Bruce Berros, City of Cerritos, regarding a rail line along the Pacific Railway right of way. He had possibly received a federal grant and was putting together a coalition on the other side of the Orange County line and some of the things he proposed would ultimately effect the City. She asked for the presentation after budget hearings were completed. Mayor Daly requested that a summary of what was proposed by Mr. Berros be submitted by staff. He also requested that the issue of a sound wall for residents '--''"''T"'''-- ---,-, ANAHEIM CITY COUNCIL MEETING MINUTES MAY 8,2001 PAGE 15 of the Peralta Hills area, south of the 91 Freeway at Lakeview, be agendized with a staff report for the Council meeting of May 15, 2001. James Williamson, 1068 Hermosa St., said he lived by the Euclid and La Palma intersection and that a driveway in the Ralph's shopping center at that intersection was very dangerous. In August, 2000, he rode his bicycle to the store and was hit by a car in that area. He also commented that last week someone he was talking to witnessed a person getting hit by a car in that area. He said that the condition of the driveway was very dangerous at Store 236. He stated that he called the store's headquarters and they informed him that they were not liable. Mayor Daly requested staff to check into a dangerous driveway/blind intersection situation at La Palma and Euclid and to investigate the background and record of accidents. Adjournment: There being no further business to come before the City Council, Mayor Daly adjourned the meeting at 8:37 P.M. Respectfully submitted: ;:djtAyL #e-LuJi,v Sheryll Schroeder, CMC/AAE City Clerk --"'~' .---....~..,-,_._.-