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1993/05/11City Hall, ~-aheim, California - COUNCIL MINUTES - MAY 11, 1993 - 5=00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann M. Sauvageau CODE ENFORCEMENT MANAGER: John Poole CITY TREASURER: Charlene Jung FINANCE DIRECTOR: George Ferrone ZONING ADMINISTRATOR: Annika Santalahti A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 1:33 p.m. on May 7, 1993 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the workshop portion of the meeting of May 11, 1993 to order at 3:10 p.m. City Manager James Ruth. He asked the Code Enforcement Manager, John Poole to be present to give an overview of the proposed apartment program. He has had several meetings with the various groups in the community. It is also part of the Gang and Drug Task Force recommendation. 107: MULTIPLE FAMILY REGISTRATION INSPECTION PROGRAM: John Poole, Code Enforcement Manager. The purpose today is to brief the Council on the program and subsequently get some direction from the Council on how they would like staff to proceed. The Council was previously informed of the program in a memo in April. They will continue to hold public meetings during the next two months and take the matter to the Planning Commission thus ensuring adequate time for public input. They have received a number of letters in opposition. He has talked to a lot of the neighborhood Council people and apartment owners and there is also sentiment for the program. Some of the people who have written letters have told him they are in favor. Mr. Poole then briefed and in some cases elaborated upon the information contained in his May 6, 1993, three page report - such issues as the potential of a change in the occupancy ordinance in certain areas of the City; increasing Code Enforcement staff to provide focused enforcement; discussions of the conceptual inspection program with community and real estate groups which have an interest in rental housing and suggestions received; the possibility of using redevelopment/housing set-aside funds for the program, etc. In April, 1993, staff took the program along with a draft ordinance to the Gang and Drug Task Force for review. They approved the proposal and recommended it along with a draft ordinance being sent to the Planning Commission. The City has approximately 44,240 apartment units and the proposed fee for the inspection program is $18.75 per unit. It would be added to the business license for all those who currently have a business license or a separate billing for those who don't. The basic principle behind the program is to have regular inspections during the three year period. It would require six persons in the field and one office specialist. The proposed program will assist the City in controlling overcrowding. The program will serve as 309 City Hall, Anaheim, California - COUNCIL MINUTES - MAY ll, 1993 - 5500 P.M. networking back to the owners. What turned the Jeffrey-Lynne area around more than anything was that they got the owners to be cohesive and they met and worked together. He then briefed items one through four on page two of his report - additional alternatives which could be considered if the concept proposal proves not to be appropriate for implementation. In concluding, Mr. Poole stated they are proposing to proactively inspect all apartments in the City. They still think this is the most cost effective method to correct the problem. Following Mr. Poole's presentation, Council Members gave their input and asked questions which were answered by Mr. Poole, City Manager Ruth and City Attorney White relating to the issue of overcrowding, the difficulty in proving and prosecuting overcrowding, proposed legislation on the issue, the cost of $18.75 per unit is just one more tax an owner will have to pay in these difficult economic times, etc. Mayor Daly. He would like to give Mr. Poole feedback that will help him to establish his goals as much as possible. The following were some of the items discussed between Council members: To explore the use of the 20% redevelopment/housing set aside funds, exploring licensing the 24% of the 44,992 total apartment units not currently licensed, join in the efforts of other cities to change the law regarding housing occupancy standards, if the whole program is not implemented perhaps portions can be done, targeting certain neighborhoods and to find ways to fund a directed effort in conjunction with the Police and the Housing Authority. John Poole. He will work with Kristine Thalman, Intergovernmental Relations Officer, to determine the status of occupancy standards in the State Legislature. They have been working with the apartment, managers group, AIM, and have been able to accomplish some things with them and will continue to do that. He will look at the use of Redevelopment set aside funds and report on his efforts. Having gone through the exercise, he believes progress has been made. He talked to owners he never knew existed. Unfortunately, a lot of the apartments are owned by those not members of the Orange County Apartment Owners Association. He does have good direction, will work on it and come back with the items discussed in a month or so, probably July. Council Member Simpson. It seems what Mr. Poole is doing is slightly different than the effort made in the Jeffrey-Lynne area. If it is possible to use set aside funds, he suggested that they pick an area they believe is typical and do a pilot project. Further, he questions why four-plexes do not pay a business license fee. He does not understand the reason why. He feels they should be looked at. Mayor Daly. The difficult decision relative to the proposed program is to fund the staff which Mr. Poole would like to add to his program. He does not sense there is an interest in a citywide fee program. He wants to give Mr. Poole feedback so that he can go back to the drawing board and clarify his goals. He (Daly) likes the idea of targeting certain neighborhoods and coming up with a way to fund a real directed effort in conjunction with Police and the Housing Authority. After further discussion and comments between Council Members and staff, the workshop portion of the meeting of May 11, 1993 was concluded. 310 City Ha11~ Anaheim~ California - COUNCIL MINUTES - MAY 11~ 1993 - 5500 P.M. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items, including two additional items for which the Brown Act needs to be waived: ae To meet with and give directions to its authorized representative regarding labor relations matters - Government Code Section 54957.6. b. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. Ce To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9 (b)(1). To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in closed session. MOTION: Council Member Daly moved to waive the 72-hour posting provisions of the Brown Act adding two additional items to Closed Session which need to be acted upon before the next City Council meeting. Council Member Simpson seconded the motion. MOTION CARRIED. ee To meet with the City's negotiator concerning the proposed lease of certain property known as the Juliette Low School site from the Magnolia School District. To meet with the Redevelopment Agency's negotiator concerning the acquisition of certain property owned by (.1) Mary Ferguson and located at 200 South vintage Lane, and (2) Quad Stationers, et al, and located at the Anaheim Plaza. By general Consent, the Council recessed into Closed Session. (4:00 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:22 p.m.). INVOCATION: Mary L. Hibbard, Anaheim United Methodist Church, gave the invocation. FLAG SALUTE: Council Member Frank Feldhaus led the assembly in the Pledge of Allegiance to the Flag. The following were recognitions authorized by the City Council this date to be mailed or presented at another time: Michael L. Roston Creative Writing Week in Anaheim, May 10-15, 1993 Poppy Week in Anaheim, May 17-22, 1993 Meals on Wheels Day in Anaheim, May 19, 1993 311 City Hall, Anaheim, Cal£fornia - COUNCIL MINUTES - MAY 11, 1993 - 5:00 P.M. National Nursing Home Week, May 9-16, 1993 FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,179.695.89 for the period ending May 7, 1993, in accordance with the 1992-93 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:22 p.m.) Mayor Daly reconvened the City Council meeting. (5:25 p.m.) ITEMS OF PUBLIC INTEREST: Grace Howard, AIM - Anaheim's Involved Managers. She again invited all to attend the parent's awareness meeting to be held at the Brookhurst Community Center, Tuesday, May 25, 1993 at 7:00 p.m. She submitted flyers for distribution. PUBLIC COMMENTS - AGENDA ITEMS: Public input was received under Item Al7 (see Item Al7). MOTION: Council Member Feldhaus moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of May 11, 1993. Council Member Pickler seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Daly, seconded by Council Member Pickler, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Council Member Daly offered Resolution Nos. 93R-73 through 93R-75, both inclusive, for adoption and offered Ordinance No. 5367 for adoption. Refer to Resolution/Ordinance Book. Al. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Erminio Perez for property damage sustained purportedly due to actions of the City on or about January 9, 1993. b. Claim submitted by Alicia De La Luz for property damage sustained purportedly due to actions of the City on or about March 11, 1993. c. Claim submitted by Carolyn Scott for property damage sustained purportedly due to actions of the City on or about March 1, 1993. d. Claim submitted by Richard Townsend for property damage sustained purportedly due to actions of the City on or about December 8, 1992. e. Claim submitted by Ernesto Tovalino for property damage sustained purportedly due to actions of the City on or about February 25, 1993. f. Claim submitted by Donald Jackie Glenn, c/o Leon R. McKittrick, for bodily injury and property damage sustained purportedly due to actions of the City on or about October 6, 1992. g. Claim submitted by Patricia A. Burnett for property damage sustained purportedly due to actions of the City on or about February 19, 1993. 312 City Hall, Anaheim, California - COUNCIL MINUTES - MAY 11, 1993 - 5:00 P.M. h. Claim submitted by Lester Barnhouse for property damage sustained purportedly due to actions of the City on or about January 19, 1993. i. Claim submitted by Greg Eckel for property damage sustained purportedly due to actions of the City on or about March 26, 1993. j. Claim submitted by Reina Acelia Amador for bodily injury sustained purportedly due to actions of the City on or about March 7, 1993. k. Claim submitted by Mike and Cheri West for property damage sustained purportedly due to actions of the City on or about March 1, 1993. 1. Claim submitted by Basilio A. Saporito for property damage sustained purportedly due to actions of the City on or about September 3, 1992. m. Claim submitted by Alice Nettler for bodily injury sustained purportedly due to actions of the City on or about December 4, 1992. n. Claim submitted by Charles Gauthier, c/o Eric V. Traut, for bodily injury sustained purportedly due to actions of the City on or about November 19, 1992. o. Claim submitte~ by Mark A. Guydosh for property damage sustained purportedly due to actions of the City on or about March 5, 1993. p. Claim submitted by Chris A. Palminteri for property damage sustained purportedly due to actions of the City on or about October 3, 1992. q. Claim submitted by Carlos M. Sanders, c/o Neil A. Wendell, for bodily injury sustained purportedly due to actions of the City on or about October 30, 1992. r. Claim submitted by Beatrice L. Smith for bodily injury and property damage sustained purportedly due to actions of the City on or about February 26, 1993. s. Claim submitted by Frank Smith for bodily injury and property damage sustained purportedly due to actions of the City on or about February 26, 1993. t. Claim submitted by Susanne Cervantes for property damage sustained purportedly due to actions of the City on or about January 12, 1993. u. Claim submitted by Adriana Andrade, c/o Eugenia L. Steele, for bodily injury sustained purportedly due to actions of the City on or about November 13, 1992. v. Claim submitted by Amanda Andrade, c/o Eugenia L. Steele, for bodily injury sustained purportedly due to actions of the City on or about November 13, 1992. w. Claim submitted by Angelina Andrade, c/o Eugenia L. Steele, for bodily injury sustained purportedly due to actions of the City on or about November 13, 1992. x. Claim submitted by Carlos Andrade, c/o Eugenia L. Steele, for bodiliy injury and property damage sustained purportedly due to actions of the City on or about November 13, 1992. 313 City Hall, Anaheimr California - COUNCIL MINUTES - MAY llr 1993 - 5:00 P.M. y. Claim submitted by Joann Silva, c/o Eugenia L. Steele, for bodily injury sustained purportedly due to actions of the City on or about November 13, 1992. z. Claim submitted by Western Zone Pony and Anaheim Pony Baseball, c/o Erica S. Arouesty, and Stephen L. Hewitt, for indemnity sustained purportedly due to actions of the City on or about November 23, 1992 and December 2, 1992. aa. Claim submitted by Bel'age Manor for property damage sustained purportedly due to actions of the City on or about March 1, 1993. Application for leave to present late claim denied: a. Application submitted by Paul Hower for property damage sustained purportedly due to actions of the City on or about September 17, 1992. b. Application submitted by Melissa Sorensen for property damage sustained purportedly due to actions of the City on or about June 4, 1992. A2. 105: Receiving and filing minutes of the regular meeting of the Anaheim Public Library Board held March 24, 1993. A3. 175: Awarding the contract to the lowest responsible bidder, Williams Supply Company, in the amount of $214,310 for Water Valve Replacement - Phase VII, and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A4. 107: Approving a Notice of Completion of the Orangewood Avenue Frontage Building Demolition and Asbestos Removal at 2014 East Orangewood Avenue by Hintz Enterprises, Inc., and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A5. 164: RESOLUTION NO. 93R-73: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE MASTER PLAN FOR SEWERS AS IT PERTAINS TO THE SOUTH CENTRAL AREA OF ANAHEIM. A6. 123: Approving an Agreement with UMA Engineering, Inc., for design services for the rehabilitation and improvements project of Lincoln Avenue from Beach Boulevard to Western Avenue, in an amount not to exceed $42,000. A7. 123: Approving an Agreement with Uyen Bui, dba Odds Engineering Services for preparation of a digital base map of the City with storm drain and sanitary sewer layers, in an amount not to exceed $70,000 and authorizing the Mayor to execute the agreement. AS. 160: Accepting the bid of Cablec Utility Cable Company, in the amount not to exceed $63,893 (plus applicable taxes and reel deposit) for 25,000 feet of 15KV concentric URD cable, in accordance with Bid #5134. A9. 160: Accepting the bid of Carmenita Truck Center, in the amount of $64,674 (plus applicable taxes) for one 26,000 GVW chassis with a 13 yard trash packer body, in accordance with Bid #5138. 314 City Hall, Anaheim, California - COUNCIL MINUTES - MAY 11, 1993 - 5=00 P.M. Al0. 160: Accepting the bid of Joslyn Power Products Corporation, c/o Matzinger-Keegan, Inc., in the amount of $89,265 (plus applicable taxes) for fifteen SF-6 subsurface switches, in accordance with Bid #5139. Ail. 160: Accepting the bid of Pirelli Cable Corporation, in an amount not to exceed $71,883 (plus applicable taxes and reel deposit) for 15,000 feet of 15 KV URD power cable, in accordance with Bid #5140. Al2. 160: Accepting the bid of Cablec Utility Cable Company, in an amount not to exceed $44,484 (plus applicable taxes and reel deposit) for 60,000 feet of 653.9 KCMIL greased ACSR wire, in accordance with Bid #5141. Al3. 160: Accepting the bid of Canada Wire & Cable Inc., in an amount not to exceed $1,162,849 (plus applicable taxes and reel deposit) for 56,217 feet of 23000 KCMIL 69KV power cable, in accordance with Bid $5145. Al4. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a purchase order to Motorola Communications and Electronics, Inc., in the amount of $34,130 (plus applicable taxes) for radio equipment for the Police Department. Al5. 128: Receiving and filing the Monthly Financial Analysis presented by the Director of Finance for seven months ended January 31, 1993. Al6. 137: RESOLUTION NO. 93R-74: A RESOLUTION oF THE CITY COUNCIL OF THE CITY OF ANAHEIM PROVIDING FOR THE BORROWING OF FUNDS FOR FISCAL YEAR 1993/1994 AND THE ISSUANCE OF SALE OF 1993 TAX AND REVENUE ANTICIPATION NOTES THEREFOR. ($34.1 million) Council Member Feldhaus posed questions which were answered by the Finance Director George Ferrone. Al7. 168: RESOLUTION NO. - ..... : Approving the naming of the new public street extending southerly from the east-west portion of Sanderson Avenue to the Southern Pacific Railroad, and renaming of certain public streets (portions of Auto Center Drive and Sanderson Avenue), to Phoenix Club Drive. (This matter was continued from the meeting of April 27, 1993 to this date.) Dennis Hardin, 1381 Auto Center Drive. He restated his opposition to the renaming of Auto Center Road to Phoenix Club Drive (see minutes of April 27, 1993 where extensive input was received). He has had a chance to review the agreement entered into between the City and the Phoenix Club. It seems it would be possible for the Council to rename the street Phoenix Club Drive up to the point of the intersection of Auto Center Drive and then it could continue to be Auto Center Drive from that point northward to Ball Road. It would allow the access to the Auto Center to be called Auto Center Road, allow Lincoln-Mercury to retain the same address they have. This would be most helpful to those in the Auto Center to continue their efforts to stay in business and generate sales tax. He confirmed with two of the dealerships on Auto Center Drive, their address would not change. Paul Gunneman, Phoenix Club. He referred to the input he gave at the previous meeting (see minutes of April 27, 1993). Subsequently they had another meeting with Mr. Hardin and one of the principals in the Auto Center. He explained the suggestion made to Mr. Hardin where Auto Center Road would be Phoenix Club Drive and the old Auto Center Drive would be entering into Phoenix Club Drive with an additional sign stating this is Auto Center Drive. Mr. Hardin was in favor but not completely satisfied. He further noted that 315 City Hall, Anaheim~ California - COUNCIL MINUTES - MAY ~1, 1993 - 5~00 P.M. the Phoenix Club does not know exactly what kind of building there will be when the new auto dealership is located at the center which may further affect their visibility. He urged the Council to vote in favor of the change. Vinnie Sanchez, General Sales Manager, Quality Lincoln Mercury. Perhaps a solution would be to construct a sign behind the fence that shows that the Phoenix Club is down that street. Changing Auto Center Drive will kill off a lot of business and cause a lot of unnecessary changes for the auto dealerships there. He made other suggestions relative to signage but stated he is opposed to the change to the entry way to Auto Center Drive to get everybody into the facility to begin with. Gary White, 1321 Auto Center Drive, General Manager, Anaheim Mazda Pontiac. They want to be good business partners with the City and good neighbors to the Phoenix Club. One thing of great concern to him is that over the years the Auto Center has spent hundreds of thousands of dollars in advertising and the theme has been Anaheim Auto Center on Auto Center Drive. Somehow they should be able to reach an agreement so that the Phoenix Club can get the renaming of the street at the stop sign that has just been put in so that Quality Lincoln Mercury and Anaheim Dodge do not have to go through a large expense to make changes. This possibly could be established by an additional sign by the freeway advertising the Phoenix Club and Auto Center Drive. Manuel Ontiveros. He referred to the letter he submitted with a suggested compromise - to change Sanderson to Phoenix Club Drive and leave Auto Center Drive as is. The auto center would remain the auto center and the address of the Phoenix Club will change from Sanderson Avenue to Phoenix Club Drive. Bill Ehrle, 707 S. Heatherglen, Anaheim, Marketing Director for the Islands Golf Center immediately across the street from the street known as Auto Center Drive. He was on the Council when in good faith they negotiated with the Phoenix Club that the street would be named after the Phoenix Club since they were a key integral part of the total move with the purchase of the property for the Arena. On behalf of the Phoenix Club, he would hope the Council would support the original intent of the negotiations and it should be renamed the Phoenix Club Drive or street or whatever. Mayor Daly. He is going to be asking for one more continuance. There have been some very good ideas presented. He believes there has to be a solution especially in terms of quality signage regardless of what street names are. He first suggested a two week continuance; City Clerk $ohl announced the next full Council meeting will be on June 8, 1993. Council Member Hunter reiterated his belief, as he did at the previous meeting, that the City has a legal commitment to the Phoenix Club relative to signage. Council Member Feldhaus. Me will go along with the continuance, but personally does not believe it is fair to the people involved. They have reached an impasse. He is prepared to make a decision tonight. City Manager Ruth. It is important to solve the situation as soon as possible. The concern he has if a decision is not made soon, it will impact the marketing of the Arena. Council Member Simpson, working from a map of the area showing the various streets explained the way those streets are now named at present or will be named which does not make sense to him. He then made his recommendation 316 City Hall, Anaheim, California - COUNCIL MINUTES - MAY 11, 1993 - 5:00 P.M. working from a replica of a sign which to him would be fair and logical. What has been proposed up to now does not seem logical and he feels there must be a way to compromise and make it logical for everybody. At the conclusion of discussion, on motion by Council Member Daly seconded by Council Member Pickler. It was determined that the subject naming and renaming of certain public streets be continued to Tuesday, June 8, 1993. MOTION CARRIED. Al8. 174: Approving publication of the 1993-94 Community Development Block Grant (CDBG) program and budget to be incorporated into the "Proposed Statement of Community Development Objectives and Projected Use of Funds" RESOLUTION NO. 93R-75: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN APPLICATION FOR A COMMUNITY DEVELOPMENT BLOCK GRANT FOR FISCAL YEAR 1993-94 PURSUANT TO THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1980, AS AMENDED, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE THE APPLICATION THEREFOR. Al9. 123: Exercising the option to extend the one-year lease with Lyle Parks, Jr., dba Gold Key Business Center, for a temporary satellite police station located at 1032 North Tustin Boulevard (Canyon Police Satellite Station). A20. 123: Approving an Agreement with Associated Consulting Engineers Corporation at a cost not to exceed $43,000 for consultant services for design of substation oil spill containment systems at four electrical substations. A21. 114: Approving minutes of the City Council meeting held April 6, 1993. 114: Approving minutes of the City Council Special Meeting held March 31, 1993. A22. 137: ORDINANCE NO. 5367 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING ENTERING INTO OF THREE LEASEBACK (INSTALLMENT PURCHASE) AGREEMENTS. (For San Juan Unit 4, Public Utilities Building/City Hall West, and the Combustion Turbine.) (Introduced at the meeting of May 4, 1993.) Roll Call Vote on Resolution Nos. 93R-73 throuqh 93R-75, both inclusive, for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly None None The Mayor declared Resolution Nos. 93R-73 through 93R-75, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance No. 5367 for adoption: AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5367 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. 317 City Hall, Anaheim, California - COUNCIL MINUTES - MAY 11, 1993 - 5:00 P.M. A23. PUBLIC HEARING - (5:00 p.m.): Certificate of Participation Financing for Martin Luther Hospital Financing Project. Submitted was report dated April 29, 1993 from the Finance Director George Ferrone recommending City support for the Martin Luther Hospital 255 million dollar financing project and the approval of certain actions relating thereto. Mayor Daly opened the public hearing and asked to hear from anyone who wished to speak; no one spoke. Mayor Daly closed the public hearing. council Member Pickler offered Resolution No. 93R-76 for adoption, approving, authorizing and directing execution of an amended and restated Joint Exercise of Powers Agreement relating to the California Statewide Communities Development Authority and Resolution No. 93R-77 for adoption, approving an Installment Purchase Financing to be undertaken by the California Statewide Communities Development Authority to benefit Martin Luther Hospital. Refer to Resolution Book. 123: RESOLUTION NO. 93R-76: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF AN AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY. 137: RESOLUTION NO. 93R-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN INSTALLMENT PURCHASE FINANCING TO BE UNDERTAKEN BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO BENEFIT MARTIN LUTHER HOSPITAL. Roll Call Vote on Resolution Nos. 93R-76 and 93R-77 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly None None The Mayor declared Resolution Nos. 93R-76 and 93R-77 duly passed and adopted. 123: Approving an Agreement with Jones Hall Hill & White as special counsel to the City of Anaheim regarding this financing project, in an amount not to exceed $8,000, and authorizing the Mayor to execute such agreement. MOTION: Council Member Pickler moved to approve an agreement with Jones Hall Hill & White. Council Member Simpson seconded the motion. MOTION CARRIED. A24. PUBLIC HEARING - BUSINESS LICENSES AND FEES - (5:00 p.m.): To consider an ordinance repealing Title 3 of the Anaheim Municipal Code and adding new Title 3 pertaining to Business License and fees; and a resolution adopting certain fees in connection with the Business License Tax Ordinance and Superseding Resolution No. 92R-134. Submitted was report dated May 3, 1993 from the City Treasurer, Charlene Jung recommending the changes to Title 3 of the Anaheim Municipal Code and adopting certain fees in connection with the Business License Tax Ordinance. 318 City Hall, Anaheim, California - COUNCIL MINUTES - MAY 11, 1993 - 5:00 P.M. Charlene Jung, Treasurer. The recommendation is contained in the May 3, 1993 staff report. She deferred to Bill Sell, Treasury Manager if there are any questions. Bill Sell, Treasury Manager. He confirmed for Mayor Daly that the proposed changes are entirely in keeping with the direction the Council approved a few months ago. They met with the Chamber and Business Community and came up with the items they agreed to. The Council saw those a couple of months ago and that is what staff presented back to the Council. Mayor Daly opened the public hearing . Shirley Lewis, 1241 N. East Street #111, Anaheim. She asked if the cost is going down $75 per business license. She assumed all the business licenses were going to drop $75. Mayor Daly explained that the cost is going down for certain classifications but not rising for anybody. Mr. Sell explained that those businesses classified as services will be reduced from $150 to $75. Those that are in gross receipts their rates do not change, but there is a minimum fee. Mrs. Lewis. She explained a problem she has had with a gardener who does not have a license and flaunts the authorities. Such cases have been reported but Police and Code Enforcement will not do anything. If the laws are not going to be upheld by people who are violators, she questioned why should honest people invest their money back into the City if the City is not going to get the people who are creating problems. Charlene Jung. They are starting a strong enforcement program. If Mrs. Lewis will notify them as to the gardener in question, they will do a follow up. They are tapping into various sources to detect businesses currently operating that are not licensed. Additional discussion followed with input given by Bill Sell and also the Code Enforcement Manager John Poole. Mr. Poole offered to have Mrs. Lewis come and talk to him about the situation. Code Enforcement routinely does license enforcement and will look into the matter. There are certain businesses exempt under State law. City Attorney White. The public hearing is to remain open until next week. Under new statutory procedures, it is required to hold two public hearings prior to the adoption of a new tax increase. He suggested that the matter be continued to next week, that the public hearing remain open and that action on the resolution also be held until the next meeting. Council Member Pickler offered Ordinance No. 5368 for first reading. 000: ORDINANCE NO. 5368 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 3 OF THE ANAHEIM MUNICIPAL CODE AND ADDING NEW TITLE 3 PERTAINING TO BUSINESS LICENSE AND FEES ASSOCIATED THEREWITH. The resolution adopting certain fees in connection with the Business License Tax ordinance will be acted upon in one week along with the final adoption of the ordinance. 319 City Ball, Anaheim, California - COUNCIL MINUTES - MAY 11, 1993 - 5:00 P.M. RESOLUTION NO. Adopting certain fees in connection with the Business License Tax Ordinance and Superseding Resolution No. 92R-134. ITEMS BI - BI0 FROM THE PLANNING COMMISSION MEETING OF APRIL 19, 1993 INFORMATION ONLY - APPEAL PERIOD ENDS MAY 11r 1993 Bi. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3592 AND NEGATIVE DECLARATION: OWNER: Jean K. Fogarty, 6671 Canyon Hills, Anaheim, CA 92807 AGENT: Ron Johnson, 6757 Leafwood Drive, Anaheim, CA 92807 LOCATION: 2880 East Lincoln Avenue. Property is approximately 1.34 acres located on the south side of Lincoln Avenue and approximately 330 feet east of the centerline of Rio Vista Street. To construct a self-service car-wash facility in conjunction with an existing commercial retail center with waiver of minimum landscape setback abutting an arterial highway, minimum landscape setback abutting a single-family residential zone boundary and maximum fence height. ACTION TAKEN BY THE PLANNING COMMISSION: CUP DENIED (PC93-45) (6 yes votes, 1 no vote). Approved Negative Declaration. The decision of the Planning Commission was appealed by the applicant and, therefore, a public hearing will be scheduled at a later date. B2. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3591 AND NEGATIVE DECLARATION: OWNER: West Anaheim Community Hospital, et al, 3033 West Orange Avenue, Anaheim, CA 92804 LOCATION: 3033 West Orange Avenue (Humana Hospital, West Anaheim). Property is approximately 11.2 acres located on the northwest corner of Orange Avenue and Beach Boulevard. To permit a mobile medical (MRI) trailer with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP GRANTED (PC93-46) (7 yes votes). Approved Negative Declaration. Mayor Daly. He asked if this was a "forever" approval or will it be coming up for review at some time. Annika Santalahti, Zoning Administrator. It is for one-year and after a year, they may request an extension of time in connection with a public hearing. Mayor Daly asked if the applicant is clear that it is a one-year approval; Annika Santalahti. The resolution reads that way and the applicant did receive a copy. B3. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3619 AND NEGATIVE DECLARATION: OWNER: Orvac Electronics, 1645 E. Orangethorpe Avenue, Fullerton, CA. 92631 AGENT: Pashtoon Subat, 6441 Fair Lynn, Yorba Linda, CA. 92686 LOCATION: 4531 East La Palma Ave. Property Is approximately 0.34 acre located on the north side of La Palma Avenue and approximately 340 feet east of the centerline of Lakeview Avenue. To permit an 8,360 square foot automotive repair facility with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: 320 City Hall, Anaheim, California - COUNCIL MINUTES - MAY 11, 1993 - 5:00 P.M. CUP GRANTED, for five years (to expire 4/19/1998) (PC93-47) (7 yes votes). Approved Negative Declaration. B4. 179: CONDITIONAL USE PERMIT NO. 3599 AND NEGATIVE DECLARATION: OWNER: Kaiser Foundation Hospitals, 393 E. Walnut St., Pasadena, CA. 91188 LOCATION: 441 North Lakeview Avenue. Property is approximately 9.2 acres located at the northwest corner of Riverdale Avenue and Lakeview Avenue. To expand an existing hospital to construct a 600-square foot magnetic resonance imaging (MRI) facility. ACTION TAKEN BY THE PLANNING COMMISSION: CUP GRANTED (PC93-48) (7 yes votes). Approved Negative Declaration. B5. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 36~1 AND NEGATIVE DECLARATION: OWNER: First Interstate Mortgage, a California Corporation, Attn: Beth Fischer, VP, 633 W. 5th Street, Los Angeles, CA. 90071 AGENT: Computer Learning Center, Inc., Attn: Mary Langdon, Director, 1240 S. State College Blvd., Anaheim, CA. 92668 LOCATION: 222 S. Harbor Boulevard. Property is approximately 0.83 acres located at the northeast corner of Broadway and Harbor Boulevard. To permit a computer training center with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP GRANTED (PC93-49) (7 yes votes). Approved Negative Declaration. A review of the Planning Commission's decision was requested by Council Members Hunter and Daly, and therefore, a public hearing will be scheduled at a later date. B6. 179: RECLASSIFICATION NO. 92-93-06 AND NEGATIVE DECLARATION: OWNER: Tokiko Nakamura, 8430 Pebble Beach Court, Buena Park, CA. 92621 AGENT: Elliott Wainer, 13234 E. Palm Place, Cerritos, CA. 90701 LOCATION: 2625 West Lincoln Avenue. Property is approximately .085 acres located on the north side of Lincoln Avenue and approximately 395 feet west of the centerline of Magnolia Avenue. to reclassify subject property from the CG (Commercial, General) Zone to the CL (Commercial, Limited) Zone. ACTION TAKEN BY THE PLANNING COMMISSION: RECLASSIFICATION GRANTED (PC93-50) (7 yes votes). Approved Negative Declaration. REPORT AND RECOMMENDATION ITEMS: B7. 179: CONDITIONAL USE PERMIT NO. 3556 - REQUEST FOR FINAL PLAN REVIEW: Request for final plan review of roof-mounted equipment, exterior elevations and materials for a previously-approved service station/carwash facility. Property location is Savi Ranch Business Park. ACTION TAKEN BY THE PLANNING COMMISSION: APPROVED final plans (7 yes votes). 321 City H&11, Anaheim, California - COUNCIL MINUTES - MAY 11, 1993 - 5500 P.M. B8. 179: CONDITIONAL USE PERMIT NO. 3413 - REQUEST FOR REVIEW OF LANDSCAPE PLANS: Requested by: Norbert Waters. LOCATION: 2501-2521 E. Ball Road. Review of landscape plans as required by Conditional Use Permit No. 3413 (to permit expansion of a restaurant with on-premise sale/consumption of beer and wine). ACTION TAKEN BY THE PLANNING COMMISSION: APPROVED landscape plan (7 yes votes). He asked if the City has any control over whether the installation matches what is on the plans. Annika Santalahti. She answered yes. Planning staff will be making an inspection of the property that they follow through with the plan that is approved. They will be going out to check the property at the point where they feel the owner should have finished installing the landscaping. Mayor Daly. It is difficult to tell from the staff report what is required along Ball Road - 15 trees and 180 shrubs. The reason he is bringing it up, he was by the property a couple of days ago and it looks the same as it has always looked. That is a very key entry point to the residential community along Sunkist. He does not think the property owner has complied with the spirit of what he committed to do. Annika Santalahti. This was approved on April 19, 1993. Within the next week or two staff would be taking a look at it. He has not installed anything shown on the plans approved. Mayor Daly asked whether Council might want to continue this or set it for a time in the future so they could make sure they like the plan that has been submitted and it will be adhered to. He asked the City Attorney's advice. City Attorney White. If the Council has interest in reviewing the plans before giving final approval, they can continue the item and instruct staff to notify the property owner that he should be present to present the plans at a date certain in the future for review and to answer any questions the Council might have. The condition that was approved as part of CUP 3413 provides that within a period of 120 days from the date of that resolution, which he believes was July 9, that the plans were to be submitted to the Zoning Division for review and approval by the Planning Commission. It does not require a public hearing. Apparently the permittee is in default under that condition currently by not having timely submitted the plans. Staff could have the plans submitted within a time period certain and presented to the Council and have Mr. Waters or whoever present. MOTION: Council Men%her Daly moved that the matter be continued two weeks to give a chance for the owner to get together with Planning staff and the City Manager to be sure what has been submitted is acceptable and that there is some assurance the landscaping will be installed according to the plan. Council Member Hunter seconded the motion. MOTION CARRIED. B9. 179: CONDITIONAL USE PERMIT NO. 2602 - REQUEST FOR SUBSTANTIAL CONFORMANCE: Requested by: R.J. George, Capitol Thrift and Loan. LOCATION: 127-133 West Hill Place and 1315-1321 South Anaheim Boulevard. 322 City Hall, Anaheim, California - COUNCIL MINUTES - MAY 11, 1993 - 5:00 P.M. Requests a substantial conformance determination for a previously approved board and care facility. ACTION TAKEN BY THE PLANNING COMMISSION: Determined that properties on Hill Place are in substantial conformance and properties on Anaheim Boulevard are grandfathered non-conforming uses (7 yes votes). B10. 179: REQUEST FROM THE CITY ATTORNEY'S OFFICE TO CONSIDER AN ORDINANCE AMENDING VARIOUS CHAPTERS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ADULT ENTERTAINMENT BUSINESSES. To consider an Ordinance amending various chapters of Title 18 of the Anaheim Municipal code relating to adult entertainment businesses. ACTION TAKEN BY THE PLANNING COMMISSION: Recommend adoption to City Council, subject to further revisions related to parking requirements. END OF THE PLANNING COMMISSION ITEMS Bll. 179: CONDITIONAL USE PERMIT NO. 3581 (PEP BOYS} - REQUEST TO CHANGE DATE OF PUBLIC HEARING: The above public hearing was opened on April 20, 1993 and some testimony received. Subsequently the applicant requested a continuance of the public hearing to May 18, 1993. A request has since been received from Floyd Farano, attorney for the medical building, asking for a continuance to May 25, 1993 instead of May 18, 1993. The matter is before the Council for a decision. City Clerk Sohl. A letter was also received today from Savoy Bellavia, Vice President Hutton Company asking, as the applicant, that the scheduling of the continuation of the public hearing be held either May 25 or June 8, 1993. Council Member Simpson. If those three dates are unacceptable for the parties with the exception of June 8, he feels that June 8 should not be acceptable to the Council since budget public hearings are being held that date and the next day a hearing on the Disney EIR. He proposed a new date, June 22, 1993. City Attorney White. Another option, as the Council will recall, when this was last before the Council, the only one uncertain about May 18th was Mr. Farano; Council Member Simpson. The only problem with that is there will not be a full Council. City Attorney White. If the Council is desirous of having a full Council, maybe there is no other date but June 22. With all due respect to Mr. Farano, it is up to the Council. Mayor Daly. He will poll the Council to see if June 22, is acceptable. Floyd Farano, 2100 S. State College Blvd., Anaheim. He agrees with Mr. White. It is obvious the hearing has some emotion and in order to be fair to both parties and remove any semblance of unfairness, it should be a hearing of the full Council. He agrees with the 22nd of June and will set his calendar accordingly. Another request, apparently there was some communication between the applicant and the City Clerk's Office in writing. He requested that both parties send any written communications to the other parties as well. He confirmed they are agreeable with the 22nd or any date with a full Council. 323 City Ea11~ ~naheim, California - COUNCIL MINUTES - MAY 11, 1993 - 5:00 P.M. Mayor Daly asked if there was a representative of the developer present; there was no response. The Mayor then asked the City Attorney if he had any concerns that the public hearing is pushed too far into the future. City Attorney White. He does not have a problem. The only problem is if the other party comes back and says it is unacceptable. It was determined by General Council Consensus that the continued public hearing on CUP 3581 be held on Tuesday, June 22, 1993 at 6:00 p.m. B12. 179: VARIANCE NO. 909 - REQUEST FOR TERMINATION: Requested by Robert Pellien, Church of Christ, 420 South Harbor Boulevard, Anaheim, CA 92805. The property is located at 420 South Harbor Boulevard on the northeast corner of Santa Ana Street and Harbor Boulevard. Submitted was report dated April 22, 1993 from the Zoning Administrator, Annika Santalahti recommending that the Council terminate Variance No. 909 as requested. Council Member Daly offered Resolution No. 93R-78 for adoption, terminating all proceedings in connection with Variance No. 909 And declaring Resolution No. 4429 null and void. Refer to Resolution Book. RESOLUTION NO. 93R-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 909 AND DECLARING RESOLUTION NO. 4429 NULL AND VOID. Roll Call Vote on Resolution No. 93R-78 for adoptions AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly None None The Mayor declared Resolution No. 93R-78 duly passed and adopted. ITEM BI3 FROM THE ZONING ADMINISTRATOR MEETING OF APRIL 29, 1993: DECISION DATE: MAY 6, 1993 INFORMATION ONLY - APPEAL PERIOD ENDS MAY 17, 1993 B13. 170: TENTATIVE PARCEL MAP NO. 92-260, CATEGORICALLY EXEMPT, CLASS 15: OWNER: Euclid Shopping Center & General Partnership, 2293 West Ball Road, Anaheim, CA 92804 AGENT: Morsch Engineering Co., 2235 North Lake Avenue, Ste. #209, Altedena, CA 91001 LOCATION: 1650-1696 West Katella Avenue (Euclid Shopping Center). Property is approximately 18.6 acres located at the southeast corner of Katella Avenue and Euclid Street. TO permit a 9-lot commercial subdivision. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Tentative Parcel Map No. 92-260 APPROVED (Decision No. ZA93-36). SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS: The City Attorney announced that it is appropriate at this time for all those intending to testify at any or all of the public hearings including staff be sworn in at this time. 324 City Hall~ ~aheimr California - COUNCIL MINUTES - MAY llr 1993 - 5=00 P.M. Those testifying were requested to stand by the City Clerk and asked to raise their right hand. The oath was then given. D1. 179: PUBLIC HEARING - ARCADE PERMIT NO. 1022: APPLICANT: Carlos & Salvador Rubalcaba, 531 S. Wayside Street Anaheim, CA 92805. LOCATION/REQUEST: The property is located at 804 West La Palma Avenue and is approximately 0.70 acres, located at the southwest corner of La Palma Avenue and Citron Street. The request is for approval of an arcade for a maximum of 27 amusement devices. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Arcade Permit No. 1022 APPROVED, less than 50% in opposition received within 300 feet radius; however, additional opposition received outside 300 feet as well as from the Police Department (ZA93-29). HEARING SET ON: Council Members Pickler and Simpson requested a review of the Zoning Administrator's decision and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - April 28, 1993 Mailing to property owners within 300 feet - April 29, 1993 Posting of property - April 30, 1993 PLANNING STAFF INPUT: See Zoning Administrator Decision ZA93-29 and Memorandum dated May 25, 1993 from the Chief of Police regarding the proposed business. Annika Santalahti, Zoning Administrator. She briefed the proposal for the Arcade Permit. In this case, the Zoning Administrator cannot deny the permit since there was less than 50% opposition received within a 300 foot radius. She noted that additional opposition was received outside of the 300 foot area, as well as from the Police Department. Council Member Pickler. He recalls awhile back the Council talked about the possibility of lowering the percentage to something under 50%. He asked when the report/proposal will be coming back to the Council. Annika Santalahti. A draft has been prepared regarding that issue. Because of some of the recent history on uses of this type, they have also discussed whether they might want to add other reasons as well such as criminal activity or things of that nature. Council Member Pickler. He asked if there was a way that any arcade permit would have to come back before the Council; Annika Santalahti. A way would be to require a CUP for such a permit. Mayor Daly opened the public hearing and asked to hear from the applicant or applicant's agent; there was no response. Neither the agent nor the applicant was present. Mayor Daly asked the City Attorney's advice; City Attorney White. The code reads in this particular case the permit will be granted unless there is evidence that the use is detrimental to the public interest, health, safety, morals or general welfare. Therefore, it is incumbent to have in the record evidence of that. The Council already has the report from the Police Chief that he (White) feels by itself in the absence of contradicting evidence to be sufficient to make those findings. If there are people who do want to present 325 City Hall, Anaheim, California - COUNCIL MINUTES - MAY 11, 1993 - 5:00 P.M. additional evidence, understanding that there is no evidence in favor, they should have that opportunity. There is already evidence by the Chief of Police supporting a denial. Mayor Daly. Since many people have turned out, it might be in order to hear from some spokesperson to speak in opposition, recognizing that the applicant is not present. Don Parsons, 700 W. Humana, Anaheim. He has some additional petitions. (A group of petitions had previously been submitted in opposition to the arcade.) It is hard to figure out why they would allow arcades in neighborhoods. It is right across the street from a notorious target neighborhood, the Citron-Hall area. They do not need this in their neighborhood. They are trying to bring the neighborhood back and they see this as a magnet for problems. They do not need another problem added to the ones they already have. Henry Baynon. They do not need anymore arcade machines in the neighborhood. Bill Jollissaint, 1001N. Citron, near the proposed business where he has lived for 40 years. They do not need an amusement arcade so close to schools, churches and a residential area. This is not the proper thing for the area and he urged the council's consideration of the opposition. Harriett Gurvall, 956 N. Winter Street. There are 343 signatures on the petition submitted. More came in today. They all have their reasons for not wanting the arcade - gangs, graffiti, traffic, the necessity for police surveillance and the safety of the neighborhood. Children are constantly going back and forth from school. Horace Mann and Patrick Henry Schools will be in year-round session. They want to preserve the quality of their neighborhood. The public interest, health, safety, morals and general welfare will be a factor with the arcade. Mayor Daly closed the public hearing. MOTION: Council Member Daly moved that the arcade permit application of Carlos & Salvador Rubalcaba to permit an amusement arcade consisting of up to 27 amusement devices, as defined in Chapter 4.14 of the Anaheim Municipal Code, on property located at 804 West La Palma Avenue be denied on the grounds that such permit would be contrary to the public interest, health, safety, morals or general welfare for the following reasons: The proposed site is zoned Commercial, Limited but is in the immediate vicinity of residential housing areas located to the north, west and south of the proposed site. 2. Immediately across the street from the proposed site are areas of known gang activity. Based upon the experience of the police department, the proposed amendment arcade, by its nature as a location for young people to congregate and socialize, would likely become the site of rival gang activity, violence, vandalism, narcotics sales, and efforts by rival gangs to establish the proposed arcade as their respective "turf" through violence, intimidation and other unlawful acts of the rival gang members. 326 City Hall, An&helm, California - COUNCIL MINUTES - MAY 11, 1993 - 5:00 P.M. Such activity would increase the need for police service in the area and would be detrimental to the public safety of the merchants, patrons and residents in the area. 5o The proposed use would contribute to the noise and loitering in an area already overburdened by excessive noise and loitering problems and which noise and loitering would adversely affect surrounding commercial and residential uses. Council Member Hunter seconded the motion. MOTION CARRIED. Cl. COUNCIL COMMENTS: 139: PROPOSED SALARY INCREASES - STATE LEGISLATURE: Council Member Feldhaus referred to an article in the Oranqe County Reqister of May 8, 1993 regarding proposed salary increases for certain State Legislators. He would like to have full consensus of the Council to go on record as opposing any increases until the State can get its budget in balance. The Council was in agreement; Mayor Daly noted there was to be a public hearing in Sacramento on June 11, 1993 conducted by the California Citizens Compensation Commission, Department of Personnel Administration. Perhaps staff could do some research on the matter for the Council and bring them exactly what the proposal is so that the Council can comment prior to the June 11, 1993 hearing. ADJOURNMENT: By General Consensus the Council adjourned to Tuesday, May 18, 1993 at 3:00 p.m. (6:37 p.m.) LEONORA N. SOHL, CITY CLERK 327