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1994/10/11City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 11, 1994 - 5:00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Daly COUNCIL MEMBERS: Hunter CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl TRAFFIC AND TRANSPORTATION MANAGER: John Lower DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT: Chris Jarvi RECREATION/COMMUNITY SERVICES SUPERINTENDENT: Mark Deven ZONING DIVISION MANAGER: Greg Hastings A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 11:40 a.m. on October 7, 1994 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the meeting to order at 4:05 p.m. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there are no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Closed Session items. The following items are to be considered at the Closed Session: 1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION: Name of case: Anaheim Stadium Associates v. City of Anaheim, Orange County Superior Court Case No. 44-81-74. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION: Name of case: Golden West Baseball Co. v. City of Anaheim, Orange County Superior Court Case No. 40-92-46. 3. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION: Name of case: Campanula Properties, Inc., v. City of Anaheim, Orange County Superior Court Case No. 72-19-85. RECESS: Council Member Daly moved to recess into Closed Session. Council Member Simpson seconded the motion. Council Member Hunter was absent. MOTION CARRIED. (4:06 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Council Member Hunter, and welcomed those in attendance to the Council meeting. (5:15 p.m.). INVOCATION: Reverend Charles J. Lopez, Jr., Grace Lutheran Church, gave the invocation. FLAG SALUTE: Council Member Frank Feldhaus led the assembly in the Pledge of Allegiance to the Flag. 619 City Hall~ Knahe£m~ California - COUNCIL NINUTES - OCTOBER 11~ 1994 - 5:00 P,N. 119: PRESENTATION - ANNUAL SERVICE AWARDS - CITY OF ANAHEIM EMPLOYEES WITH 25, 30 AND 35 YEARS OF SERVICE: Shirley Oudeans, Benefits Analyst, Human Resources Department introduced the following employees for Mayor/Council presentation of their service awards (there were a number who were unable to be present): 35 YEARS Catherine Langer 30 YEARS Lawrence Kurtz George Schrader John Flanagan Robert Hammaker June Flink Michael Collin Lewie Stier Gerald Hart Richard Schmitz Joe McCray Bruce Bowman George Chapin DEPARTMENT Library DEPARTMENT Police Police Police Police Collections Fire Fire Fire Fire Street Maintenance Utilities Utilities 25 YEARS Judith Foster Lawrence Hernandez Richard Bornfleth Fredrik Hill Louis Lopez Thomas O'Donnell Lawrence Sentif George Ennis Gary Querry Stanley Woodson Benito Ramirez Scott Schoeppner Gerald Smith William Van Horn Margie Bender Rodney Hallock Annika Santalahti Thomas Butler Beatrice Butryn George Campbell Diana Squires Larry Boothe Martha Flynn Herbert Hillard Jay Kauble Don Nygard James Sutherland DEPARTMENT City Attorney Parks Parks Parks Police Police Police Police Police Police Fire Fire Fire Fire Comm. Develop. Street Mainten. Zoning Stadium Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Mayor Daly and Council Members also congratulated each of the employees and commended them for their dedicated and continuing service to the City and citizens of Anaheim. 119: PROCLAMATION: The following proclamation was issued by Mayor Daly and authorized by the City Council: Recognizing October, 1994, as Arts and Humanities Month in Anaheim Shirley McCracken and Sally White accepted the proclamation. 119: THE FOLLOWING IS A RECOGNITION AUTHORIZED BY THE CITY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: Recognizing Rita Robinson for her contributions to Anaheim Museum. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,345,423.31 for the period ending October 7, 1994, in accordance with the 1994-95 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:37 p.m.) 620 City Ball, Anaheim, California - COUNCIL MINUTES - OCTOBER 11, 1994 - 5:00 P.M. Mayor Daly reconvened the City Council meeting. (5:40 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: David Kendrick, 1811 W. Greenwood, Anaheim. He is present to speak on the S.O.S. initiative (Proposition 187) which will be on the November 8, 1994 ballot. He then read a resolution entitled - Resolution in Endorsement and Support of Proposition 187 (made a part of the record). His request is that the Council adopt the resolution and he asked that it be placed on the agenda for further discussion and perhaps action at the Council meeting next week. Karen Irwin, Anaheim resident. She would like to know from the City Council and City Attorney if CSP, Inc. had a contract with the City to handle administrative duties in the Police Department. She then related some incidents alleged to have taken place resulting in denial of her human rights. Mayor Daly. He directed the City Manager and City Attorney to be in touch with Ms. Irwin regarding her inquiry. Doctor Gene Atherton, 1081A North Coast Highway, Laguna Beach. He gave suggestions/recommendations on what he felt should be put on the Legislative agenda. PUBLIC COMMENTS - AGENDA ITEMS: A number of people spoke on Item A6 (re: Sound Wall) and Item A25 (see discussion under those items). MOTION: Council Member Pickler moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of October 11, 1994. Council Member Feldhaus seconded the motion. Council Member Hunter was absent. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Pickler, seconded by Council Member Simpson, 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 Pickler offered Resolution No. 94R-247 for adoption. Refer to Resolution Book. City Manager James Ruth. Because there are a number of people interested in Item A25, he prefers that it be removed from the Consent Calendar and acted upon separately. (Item A25 was thereupon removed from the Consent Calendar for separate action.) Al. 105: Receiving and filing minutes of the Golf Advisory Commission meeting held August 25, 1994. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held August 24, 1994. 621 City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 11, 1994 - 5=00 P.M. 140: Receiving and filing Anaheim Public Library Monthly Statistical Reports for the months of July, 1994, and August, 1994. A2. 150: Awarding the contract to the lowest responsible bidder, JMAR Corporation, in the amount of $84,212 for Pelanconi Park Slide Repair; 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. (To repair landslide damage.) A3. 150: Awarding the contract to the lowest responsible bidder, Electro Construction Corporation, in the amount of $105,730 for Maxwell Park Athletic Field Lighting; 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. 123: To consider approving a License Agreement for Bus Shelters with Gannett Outdoor of Southern California, Inc., for a term of eight years. This item was continued one week at the request of staff. AS. 160: Accepting the low bid of ACPC c/o Matzinger-Keegan, Inc., in an amount not to exceed $88,352 for 50,000 feet of 600 volt URD secondary wire, in accordance with Bid 5304. A6. 173: Approving the recommendation of staff to move toward the most appropriate solution to the traffic, safety and environmental impacts of increasing rail traffic along the San Bernardino Subdivision Corridor. This matter was discussed and input received, and continued from the meeting of October 4, 1994 to this date. (Northfield area soundwall) See minutes of October 4, 1994. The following people spoke on the soundwall issue. Their comments are summarized. (Also, see minutes of October 4, 1994 where extensive discussion and input took place on the subject of the Northfield Avenue soundwall request: Kathy Wright, 5815 E. La Palma, Space $144, Anaheim. She first presented a petition with 600 signatures of residents of the affected area requesting, "that the safety soundwall feasibility study become an action item separate from the present City action plan. We request immediate funding for the safety soundwall". They only had a week to gather the signatures and yet were able to get 600 plus. Mrs. Wright in her presentation addressed several points - the residents have been emphatic that they will not accept a benefit assessment tax to fund the wall, the action plan noted 735 residents in the affected area but did not take into account the 347 mobile home park residents bringing the total to approximately 1,082, a solution that was addressed was to depress the tracks and as far as the Sante Fe railroad is concerned, that is not even an option, the concern expressed by the City as to how a soundwall would affect Placentia and Yorba Linda which concerns should have been answered in late 1980s when Friendly Village was going to do a condominium conversion and an EIR was filed with the City. The City required a soundwall when the apartment complex was built on the west side of the mobile home park. What the residents are asking is that the City take the lead and initiative and fund a portion and say to Sante Fe, OCTA or any other entity that has money to fund the soundwall to have them do so. The proposal is a long-term plan which the residents do not want to be involved with. They want a short-term plan. They want their lives back to normal. 622 City Hallr Anahe£m, Cal£forn£a - COUNCIL HINUTES - OCTOBER 11, 1994 - 5;00 P.M. Mrs. White then emphasized and reiterated upon questioning by Mayor Daly that the residents do not want to be a part of the long-term solution as outlined in the action plan. The want to be separate because they are a separate issue. They have a problem which is horrendous and it requires a short-term solution. She also referred to Anaheim's whistle blowing ordinance which has been on the books since 1976. Placentia has the exact same ordinance and they have signs posted on Orangethorpe along the tracks in Placentia to enforce that ordinance. The residents would like the same posted on Esperanza from Imperial to Weir Canyon Road. The ordinance needs to be enforced and soon. John Lower, Traffic and Transportation Manager. Staff has contacted the Atchison, Topeka and Sante Fe Railroad and with them looked at the PUC code section which deals with train whistle blowing. Staff is empathetic to the statements made by Mrs. White and are working with the railroad to reduce or eliminate whistle blowing in that area. Charles Winkle, 6257 Northfield, Anaheim. They respectfully request that the Council direct staff to recognize the separate action plan for a safety soundwall and actively pursue funding for the wall, specifically $400,000 from OCTA for non-construction cost, Proposition 116 funds and Measure M funds which according to OCTA could also be obtained. They request immediate action. They cannot accept the proposed action plan until the Council accepts their request to be a separate issue. John Tennant. He represents and is Project Manager for a consortium of engineering and construction firms located at 400 S. Lemon Street, Anaheim. They propose a sound absorber wall along the Sante Fe Railroad near the Northfield Avenue community. The soundwall is made of a recycled plastic product manufactured in Anaheim. He had addressed the Council last week on the matter and submitted a proposal (see minutes of October 4, 1994). He then summarized key segments of the presentation he made last week and related their proposal to the City's action plan and subsequently requested that the Council direct the Department of Public Works to, "actively pursue alternative source, short-term funding, initially for a preliminary engineering study and, ultimately for the construction of an environmentally configured soundwall to be made with recycled materials for the approximate 2.6 mile Northfield Avenue project". Mayor Daly and Council Member Feldhaus then posed a line of questions which were answered by Mr. Tennant. Karen Winkle, 6257 Northfield Avenue, Anaheim. The residents would like to clarify that although it is Sante Fe land that is involved, it is in the City of Anaheim. They have some sources of funding they would like the City Council to help them pursue. They have sent a letter to the California Transportation Commission asking them to help in pursuing Proposition 116 funding which does allow for soundwalls. They would appreciate help in that area. They will also look for funding through Amtrak. She then briefed other requests which the residents would like the City to do revolving around how other soundwalls might have been funded such as the one along the Bartline in San Francisco as well as local soundwalls. John Lower, Traffic & Transportation Manager. They have discussed Proposition 116 funding with OCTA's staff and have showed them that soundwalls are an applicable project which could be funded. However, OCTA has fully funded its Proposition 116 allocations and is actually running deficits. It was made clear that no Proposition 116 funding would be available even in the long term. The funds allocated to the County have been fully programmed. 623 City Eallr Anaheimr California - COUNCIL MINUTES - OCTOBER ll~ 1994 - 5:00 P.M. They have also discussed with OCTA staff and others the possibility of Amtrak's participation but it was indicated that would be very bleak since Amtrak is subsidized by the Federal Government which is keeping that service in operation. Regarding the statement on the 50% funding, that is a possibility because it is a competitive program. The State's Transient Capital Improvement Program does provide on a 50% match basis for commuter rail improvements. Commuter rail is coming on line in the San Bernardino Corridor in October of 1995. The more in excess of 50% the funding match is, the better it would compete. It does remain a possibility. Council Member Simpson. Absent any other plan, he feels they should move forward with this action plan. He is not sure what directing staff to pursue funding means but he would certainly support that. He does not believe that should require agendizing in order to ask staff to pursue such funding. He then explained that the various avenues of funding had been discussed with Congressman Klm. When they went back to Washington and talked to Mr. Kim that was the first item on the agenda. He (Klm) offered a great deal of hope which turned out to be "smoke and mirrors" and then he dumped on the City saying he could not believe the City was not willing to fund the wall. He explained some of the other things that were done as well and in concluding stated if the Council approves this item (the action plan), it is not going to set the residents back. If there are alternative sources of funding, he does not know what they are. He also questioned the possibility of a demonstration project of some kind if what Mr. Tennant is proposing is new technology. Council Member Pickler. He was one of the first involved with Mr. Winkle. they can find a short-term solution, he feels staff will not stop looking. then recounted some of the meetings that had occurred with the different principals involved especially in trying to determine a funding source. To say that the City has not tried to do anything is wrong. If He Mayor Daly. As part of A6, they need to ask staff to pursue some of the short-term possibilities that have been identified including the proposal Mr. Tennant submitted last week. Extensive discussion, questioning and debate followed on points raised by Mrs. Winkle, the main point being that the residents strongly disagree with being a part of the City action plan but that their request for a soundwall and funding be a separate and distinct request as a short-term solution. Council Member Simpson advised that the residents should submit that request to the City Clerk's Office and asked that it be placed on the agenda for future Council action since the Council cannot act on such a request tonight. During the discussion, Public Works Director/City Engineer, Gary Johnson stated there is quite a bit of confusion in the sense that staff does not feel the short-term request and the long-term plan are mutually exclusive. Working with other agencies, they will continue to look for funding for elements of the project. They have asked OCTA in their study to look at environmental issues such as noise and safety along the corridor. The action plan does not foreclose any opportunities to apply for grant funds. If they have an opportunity to bring it forth to the City Council and if there is a matching requirement, whether the recycling type of soundwall or conventional soundwall or putting funds together from other governmental agencies they will do so. He feels both can be accomplished and staff does not see them as separate issues. They see the corridor issue as a lot of traffic congestion on grade crossings but they also see the environmental issues not only at this location, but also throughout that rail corridor. 624 City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 11, 1994 - 5=00 P.M. Patrick Quaney, Quaney Plastics. Addressing alternative funding, for about five years every tire purchased in the State, the purchaser is paying $1.50 to get rid of that tire. That money is at the California Integrated Waste Management Board who he talked to in Sacramento. He suggests relative to alternative funding getting assistance from the City to find out how to get that money loose. In talking to California Integrated Waste Management they do not care about the traffic and railroad crossings or putting the train underground, but just how to get rid of the tires. It would be helpful to get assistance in pursuing those kinds of things. There are also funds available in the plastic industry that have not been looked at as well. Mayor Daly. They will ask staff to pursue some of those leads mentioned. City Attorney White then explained for Charles Winkle the procedure for requesting that an item be placed on the Council agenda. In concluding, he stated it is true that anyone can request that items be agendized by submitting the request to the City Clerk, but it does not automatically mean the item will be placed on the agenda at a subsequent Council meeting. After additional discussion and before the matter was concluded, Council Member Pickler stated he would like to direct Gary Johnson and John Lower relative to whistle blowing to look into the possibility of putting up signs the same as in Placentia. City Attorney White reported that there is a law that does require trains to blow whistles at every train crossing. He does not know if a crossing is involved relative to Placentia. A7. 185: Reviewing the need for continuing the Fourth Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on September 6, 1994, concerning the Santiago Landslide and Pegasus Landslide in the City of Anaheim; and taking no action to terminate the local emergency at this time. A8. 158: RESOLUTION NO. 94R-247: A 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. A9. 161: Approving revised Policy and Procedures for the City's Affordable Homeownership Programs (First Time Home Buyer Programs). Al0. 123: Approving an Agreement with Hope House, in the amount of $15,000 to provide residential drug and alcohol rehabilitation services to Anaheim residents. All. 123: Approving the federally-funded FY 1994-95 Emergency Shelter Grant (ESG) Agreement with YWCA South Orange County, in the amount of $3,000. A12. 123: Approving the federally-funded FY 1994-95 Emergency Shelter Grant (ESG) Agreement with Thomas House Temporary Shelter, in the amount of $5,000. A13. 123: Approving the federally-funded FY 1994-95 Emergency Shelter Grant (ESG) Agreement with Orange Coast Interfaith Shelter, in the amount of $6,850. A14. 123: Approving the federally-funded FY 1994-95 Emergency Shelter Grant (ESG) Agreement with Interval House, in the amount of $7,000. 625 City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 11, 1994 - 5~00 P.M. Al5. 123: Approving the federally-funded FY 1994-95 Emergency Shelter Grant (ESG) Agreement with Dayle McIntosh Center for the Disabled, in the amount of $10,000. A16. 123: Approving the federally-funded FY 1994-95 Emergency Shelter Grant (ESG) Agreement with Women's Transitional Living Center, in the amount of $15,000. Al7. 123~ Approving the federally-funded FY 1994-95 Emergency Shelter Grant (ESG) Agreement with Episcopal Service Alliance, in the amount of $16,000. A18. 123: Approving the federally-funded FY 1994-95 Emergency Shelter Grant (ESG) Agreement with Anaheim Interfaith Shelter, in the amount of $23,100. Al9. 177: Authorizing the Mayor to execute a letter of endorsement for an application for 50 certificates under the Section 8 Family Unification Program. A20. 123: Approving a group services Agreement with Health Net, a health maintenance organization, to provide health care benefits to city employees, retirees and their families; and authorizing the Human Resources Manager to sign said agreement on behalf of the City. A21. 153: Waiving annual health premiums for designated groups of retirees who voluntarily enroll in a City-sponsored MediCare Risk program. A22. 153: Approving the 1995 Health & Welfare Plan rates; and authorizing the Human Resources Manager to sign all required renewal documents on behalf of the City of Anaheim. A23. 123: Approving the Consent of Transfer of the Agreement with Facilities Communications International to US Cable Corporation. (Telephone services at Convention Center.) A24. 123: To consider approving an Agreement with Purkiss-Rose/RSI in the amount of $91,750 for consultant services to prepare a master plan and construction documents, and to provide construction observation for Deer Canyon Park. City Manager Ruth. This item is being removed from the agenda at this time for further study and evaluation and will be placed on a future agenda. A25. 106: Amending the FY 1994/95 budget by increasing appropriations in Program 101-213-7278 by $11,135 from "one-time" fund balance monies for part- time staff assistance and supplies for the West Anaheim Senior Citizens program at Brookhurst Community Center; and amending the FY 1994/95 budget by increasing appropriations in various accounts within Agency 213 by $250,000 in "one-time" fund balance monies in order to implement additional programs which will serve families and youth. This item was taken separately. (See below for discussion input and the decision by Council.) A26. 114: Approving minutes of the City Council meeting held August 23, 1994. 626 City Ball, Anaheim. California - COUNCIL MINUTES - OCTOBER 11. 1994 - 5~00 P.M. Roll Call Vote on Resolution No. 94R-247 for adoption: AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hunter The Mayor declared Resolution No. 94R-247 duly passed and adopted. END OF CONSENT C~?.~NDAR. MOTIONS CARRIED. (Items A4 and A24 not acted upon, A4 continued one week, A24 removed from agenda.) A25. 106: RECOMMENDED INCREASES FOR SENIOR CITIZEN AND YOUTH/FAMILY PROGRAMS: Amending the FY 1994/95 budget by increasing appropriations in Program 101- 213-7278 by $11,135 from "one-time" fund balance monies for part-time staff assistance and supplies for the West Anaheim Senior Citizens program at Brookhurst Community Center; and amending the FY 1994/95 budget by increasing appropriations in various accounts within Agency 213 by $250,000 in "one-time" fund balance monies in order to implement additional programs which will serve families and youth. Submitted was report dated October 4, 1994 from the Director of Parks, Recreation and Community Services, Chris Jarvi recommending the subject actions. Attached to the report was a study prepared in response to the Orange County Community Congregation Organization (OCCCO) and a summary of gang/drug task force issues, OCCCO Youth Vision Plan and recommended actions followed by a prioritization of funding for recommended actions. Chris Jarvi, Director of Parks, Recreation & Community Services then briefed his 3-page report in detail and also the attachments. Mayor Daly. He asked what steps did Mr. Jarvi see happening in coming weeks and months to implement the entire package above and beyond what is being recommended or how do they get to the point where the entire package can be funded, and is that possible. Mark Deven, Recreation/Community Services Superintendent. With the priorities as outlined, the first six are programs which could be implemented within 60 days or less. The balance of the priorities do reflect some input from OCCCO as well as the Community Services Board, Parks and Recreation Commission and the Gang/Drug Task Force. It is fair to say each one of the priorities are important. Prioritizing them was difficult. Because they were on the youth vision platform in the first place reflects the fact that there is a need. The priority list was based mainly on the fact that those programs could be implemented qulckly and most effectively. Mayor Daly and Council Member Feldhaus then posed questions relative to some of the items in their priority order which were answered by Mr. Deven and Mr. Jarvi. Mayor Daly. It was stated that the first six items could be started within the next 60 days. He asked how long it would take to pursue and start the remaining priorities. Chris Jarvi. It will be the first twelve items of the twenty-one strategies. The first six are funded and the next six do not require funding. 627 City Hall. Anaheim, California - COUNCIL MINUTES - OCTOBER 11, 1994 - 5~00 P.M. Mayor Daly. He is referring to Items 7, 8, 9, 10, 11 & 12; Mr. Deven stated they would probably need another 30 to 45 days to implement those strategies. He also explained for the Mayor that relative to Items 13 through 15 - 13 could probably be implemented in 30 to 45 days but 14 & 15 would take significantly longer or approximately another 45 to 60 days on top of the 30 to 45 days. Mayor Daly asked to hear from representatives of OCCCO on the package. Father John Lenihan, 120 N. Janss (St. Boniface Church). The action proposed this evening is the result of a very fine form of cooperation. It is the work of many thousands of people. About 8,000 people were interviewed, flyers and response sheets prepared, etc., to reach the people who live right in the community. From that, they went through great research with different people. They are also pleased with the wonderful working relationship particularly with Parks & Recreation staff. The good news is all this has happened. The bad news is they are not exactly happy. They feel that the issues are so important they cannot leave it just with the first group of issues and, whatever must be done to move and change in order to implement at least twelve, that must be done. They feel there are certain items on the second listing, homework center, youth employment service programs, teen center, are absolutely vital. There are perhaps a couple of negotiable things on the first list of six, but by and large things that are essential. He invited someone from their group to come forward. Elodia Gonzalez, 519 Sabina Street. As a mother and citizen of Anaheim, they need the whole package to be implemented. They are not asking for new programs, just to improve them since their kids need it and deserve it now. Father Lenihan. They will guarantee a lot of volunteers. There were many people who had to leave the meeting, two being Carl Karcher and Stan Pawlowski who wanted to speak. Instead they asked that he (Lenihan) tell the Council that they wanted to express their support for the platform. Taking a look at some of the possibilities, the issue is money and what can they do. He is not sure where the $250,000 figure came from. The City has no money, but that is always a reflection of priorities. If another $250,000 makes a huge difference in the tenor of the community it becomes cost effective and in the long term will save money. They want the programs and are prepared to look creatively at the financing side. He pointed to some of the things in the City budget that might help. If there is no possibility of anything beyond $250,000, they want a commitment that the City will look at creative methods. He is imploring the Council to try and make a bigger commitment. He has heard if there are further monies available, there would be the capacity to move quickly. He urged the Council to direct staff to do more than the first six priorities. City Manager Ruth. The City has gone through a very difficult period during the last 4~ years with major cutbacks in City programs and services. Staff has been very resourceful and creative in being able to maintain a number of services. He then explained some of the grants the City has received and some that are in process which could give the City up to $750,000 a year for five years through the grant process. They recognize that $250,000 does not solve a lot of problems but it is good faith to begin to restore some of the vital services and hope it will be seed money that will begin to generate significant volunteerism beyond what they have had in the past. It is necessary to get the community involved. He also briefed the difficulties encountered relative to the City's traditional revenue sources that make it difficult to resolve the financial problems in Anaheim. He feels the approach 628 City Hall, Anaheimt California - COUNCIL MINUTES - OCTOBER 11, 1994 - 5500 P.M. proposed is a prudent one. With an aggressive effort by staff working with the community and OCCCO and other groups to seek other sources of funding and volunteers, they can began to bridge the gap. Sometime after the first of the year, he will come back to the Council and if there are other alternatives, seek additional funding and additional direction from the Council. Mayor Daly. He asked for clarification that the City Manager was proposing to report back in January with a status or a plan on whether it will be possible to deliver the remaining priorities on the list. City Manager Ruth answered yes. They do not disagree with the programs and activities recommended. If they could fund all of them, they would do so but just do not have the resources. Staff will pursue every avenue possible. As an example, within the last 30 days, they had no idea they were going to get funded the one grant which if it comes through will be $750,000 and there is also the newly passed crime bill. He believes there will be more money coming down to assist in their endeavors. Mrs. Diane Horn, 920 S. Nutwood, 15A, Anaheim. They are asking the City Council to respond to the needs of the community. When they met with Parks and Recreation, they came up with priorities that totalled $580,000. Some of those priorities were dropped to the second portion of the list - teen centers, homework centers and youth employment services which were the highest priorities on the list of the families. They feel these need to be implemented as soon as possible. The four items they would like to add to the first six are number 9, 10, 12 and 14. She asked that they direct staff to add those items to the first phase. Mayor Daly asked to hear from staff on those four items. Mark Deven. Relative to implementation on number 9, youth employment services, there is an existing youth employment service at the George Washington Community Center run by the YWCA. That could be accomplished within 90 days. Number 10, implementation of teen centers, they would need a minimum of about 120 days in order to be certain they can secure facilities. Number 12, use of computer labs at Anaheim High School and Sycamore Junior High School, this would also be a minimum of 120 days. Number 14, programmed homework/study periods and seventeen Kids In Action and playground sites, this will also be 120 days. It is a program element they have not done to a large degree and would be on somewhat of a learning curve. They would need to rely on the volunteers Father Lenihan mentioned to ensure the program is implemented on a wide-scale basis. Mayor Daly. He surmised that the cost for the homework center, $117,000, could be substantially lowered depending on how the program is implemented; Mr. Deven clarified that was correct. Diane Horn. She asked if the City could come back at the beginning of 1995 with a report on how many of the programs will be funded. Their concern this evening would be to go past the six items. City Manager Ruth. He would suggest that by the end of January, they would have a much clearer direction in terms of where the City is going from a financial standpoint and those activities suggested by OCCCO to be added to the phase one list. The City will have an indication by that time as to whether additional Federal or State money can be applied to those or if there is sufficient number of volunteers or private sector involvement, etc., in assisting the City to implement them. 629 City Ha11~ Anaheim, California - COUNCIL MINUTES - OCTOBER 11~ 1994 - 5:00 P.M. Mayor Daly. He suggested that they move forward this evening and also ask staff to look at priorities 9, 10, 12 and 14 and report back as soon as possible with additional information, cost and thoughts as to how to accomplish those - how best they can be done and if there are impediments what those are. Council Member Pickler. Staff has said they will come back in January to report the status at that time. He would rather not back out individual programs but would like to look at all of them. If they had the money, they would all be implemented. MOTION: Council Member Simpson moved to amend the FY 1994/95 budget by increasing appropriations in Program 101-213-7278 by $11,135 from "one-time" fund balance monies for part-time staff assistance and supplies for the West Anaheim Senior Citizens program at Brookhurst Community Center; and amending the FY 1994/95 budget by increasing appropriations in various accounts within Agency 213 by $250,000 in "one-time" fund balance monies in order to implement additional programs which will serve families and youth. Council Member Pickler seconded the motion. Council Member Hunter was absent. MOTION CARRIED. A27. 105: APPOINTMENT TO FILL UNSCHEDULED VACANCY - PUBLIC UTILITIES BOARD: Appointment to fill the unscheduled vacancy created by the untimely passing of Bob Kazarian for the term ending June 30, 1994. This matter was continued from the meetings of August 9, August 23, September 20 and September 27, 1994 to this date. MOTION: Council Member Daly moved to continue the subject appointment for three weeks. Council Member Simpson seconded the motion. Council Member Hunter was absent. MOTION CARRIED. A28. 178: APPOINTMENT OF REPRESENTATIVE TO THE METROPOLITAN WATER DISTRICT: Council Member Pickler. Anaheim needs a person on the District Board who will represent the City well. He thereupon nominated Mr. Ed Alario as Anaheim's representative on the Metropolitan Water District Board. MOTION: Council Member Daly moved to close nominations. Council Member Simpson seconded the motion. Council Member Hunter was absent. MOTION CARRIED. MOTION: Council Member Pickler moved the unanimous appointment of Mr. Ed Alario to the Metropolitan Water District Board. Council Member Simpson seconded the motion. Council Member Hunter was absent. MOTION CARRIED. Mayor Daly asked if there was a time limit on the appointment. City Clerk Sohl stated if the Council wished to set a term of four years, they Gould do Bo~ otherwise it was not necessary. The representative serves at the Council's pleasure. She had talked to the District Office about the matter. Council Member Pickler. He would prefer to leave it at the discretion of the Council since it has worked well in the past. The City's former representatives have done an excellent job. The Council took no action relative to setting a term limit on the subject position. 630 City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 11, 1994 - 5:00 P.M. ITEMS B1 - B5 FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 19, 1994 INFORMATION ONLY - APPEAL PERIOD ENDS OCTOBER 11, 1994 Bi. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3685: OWNER: Euclid Shopping Center, 2293 W. Ball Road, Anaheim, CA 92804 AGENT: Fancher Development Services, 1342 Bell Avenue, Ste 3-k,Tustin, CA 92680 LOCATION: 1600 West Katella Avenue. Property is approximately 18.6 acres located at the southeast corner of Katella Avenue and Euclid Street. To permit a 1,989 square foot drive through restaurant within an existing commercial retail center with waiver of minimum number of parking spaces and minimum landscape setback adjacent to a residential zone boundary. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3685 GRANTED (PC94-126) (6 yes votes, 1 absent). Approved waiver of code requirement. Approved Negative Declaration. B2. 179: CONDITIONAL USE PERMIT NO. 3713 AND NEGATIVE DECLARATION: OWNER: QRE Holding Company, 865 S. Figueroa St., #3500, Los Angeles, CA 90017 AGENT: Transtar Real Estate Services, 2115 W. Crescent Ave., ~201, Anaheim, CA 92801 LOCATION: Parcel 1: 2101-2121 West Crescent Avenue. Property consists of two (2) irregularly-shaped parcels of land: Property is approximately 3.4 acres located at the northeast corner of Crescent Avenue and Valley Street (having approximate frontages of 490 feet on the north side of Crescent Avenue and 240 feet on the east side of Valley Street.) LOCATION: Parcel 2: 700 - 720 North Valley Street. Property of approximately 9.2 acres located north of the Orange County Flood Control Channel (having a frontage of approximately 840 feet on the east side of Valley Street, having a maximum depth of approximately 890 feet and being located approximately 360 feet north of the centerline of Crescent Avenue.) To permit a 4,542 square foot child day care facility. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3713 GRANTED (PC94-127) (4 yes votes, 2 no votes, and I absent). B3. 179: CONDITIONAL USE PERMIT NO. 3630 AND NEGATIVE DECLARATION: OWNER: Julia Amaral, P.O. Box 9415, San Rafael, CA 94912 AGENT: Michael Cho c/o ABC Licensing Service, 160 Centennial Way, Ste. 8, Tustin, CA 92680; E1 Vaquero Family Restaurant, 1168 S. State College Blvd., Anaheim, CA 92805 LOCATION: 1168 S. State College Boulevard. Property is approximately 1.3 acres located at the southeast corner of Almont Avenue and State College Boulevard. Petitioner requests modification or deletion of a condition of approval pertaining to the limitation of time of an existing public dance hall with on-premise sale and consumption of alcoholic beverages in conjunction with an existing restaurant. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3630 APPROVED for a one year extension (to expire 11-2-95) (PC94-128) (5 yes votes, 2 absent). Negative Declaration previously approved. 631 City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 11~ 1994 - 5500 P.M. B4. 179: WAIVER OF CODE REQUIREMENT~ CONDITIONAL USE PERMIT NO. 3718 AND NEGATIVE DECLARATION: OWNER: Thrifty Oil Company, Attn: Gerald Greenberg, 10000 Lakewood Blvd., Downey, CA 90240 LOCATION: 1881 W. Ball Road. Property is approximately 0.43 acres located at the northeast corner of Ball Road and Nutwood Street. To permit an independent automotive repair facility in conjunction with an existing gasoline service station with waiver of minimum landscape requirements at street frontages and minimum landscape requirements adjacent to interior property boundaries. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3718 GRANTED, IN PART, three additional trees shall be planted (PC94-129) (4 yes votes, 2 absent, and 2 abstained). Waiver of code requirement APPROVED, IN PART. Approved Negative Declaration. REPORT AND RECOMMENDATION ITEM: ES. 179: CONDITIONAL USE PERMIT NO. 3449 - REQUEST FOR REVOCATION: LOCATION: 1360 South Anaheim Boulevard. The City of Anaheim Code Enforcement Division requests that the Planning Commission schedule a public hearing to consider revocation of Conditional Use Permit No. 3349 (to permit a 208-unit single-room occupancy (SRO) residential hotel). ACTION TAKEN BY THE PLANNING COMMISSION: WITHDRAWN. END OF THE PLANNING COMMISSION ITEMS B6. 179: ORDINANCE NO. 5458 FOR INTRODUCTION: Amending Title 18 to rezone property under Reclassification No. 94-95-02 located at 874 South Anaheim Boulevard from the RM-1200 zone to the CL zone. Council Member Daly offered Ordinance No. 5458 for first reading. ORDINANCE NO. 5458: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 94-95-02 LOCATED AT 874 SOUTH ANAHEIM BOULEVARD FROM THE RM-1200 ZONE TO THE CL ZONE. 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. 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 - CONDITIONAL USE PERMIT NO. 3712 AND NEGATIVE DECLARATION: OWNER: Gelb Enterprises, General Partnership, P.O. Box 8370, Van Nuys, CA 91409 AGENT: Ashok Jasuja, 2424 West Ball Road, #P, Anaheim, CA 92804 LOCATION/REQUEST: The property is located at 2424 West Ball Road and is approximately 3.1 acres located at the southwest corner of Ball Road and 632 City Hall, Anaheim, Californi& - COUNCIL MINUTES - OCTOBER 11, 1994 - 5:00 P.M. Gilbert Street. The request is to permit on-premise sale and consumption of beer and wine in an existing pizza restaurant. ACTION TAKEN BY THE ZONING ADMINISTRATOR: CUP NO. 3712 APPROVED (ZA Decision No. 94-24). Approved Negative Declaration. HEARING SET ON: A review of the Zoning Administrator's decision was requested by Council Members Feldhaus and Pickler and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET Publication in Anaheim Bulletin - September 29, 1994 Mailing to property owners within 300 feet - September 27, 1994 Posting of property - September 30, 1994 STAFF INPUT: See staff report to the Zoning Administrator dated September 1, 1994. Council Member Feldhaus. His concern in setting the matter for a public hearing was a beer and wine license immediately contiguous to Magnolia High School. He had asked if there was some kind of code prohibiting this from happening. Annika Santalahti, Zoning Administrator. There is no ABC prohibition regarding the locational issue in this case. The notification that went out for the Zoning Administrator public hearing did not generate any response either in favor or in opposition. They will have to go through the ABC procedure and the high school can oppose that if they like. She confirmed that the school did get a notification of the hearing before the zoning administrator. She also pointed out this is a restaurant and in this case the conditions which have been applied which were recommended by the Police Department do require that it be conditioned as a sit down full service type of restaurant and prohibits certain ancillary uses. Mayor Daly opened the public hearing. Mr. Ashok Jasuja, owner and applicant. Seven years ago when he opened the business at 2424 W. Ball Road, three permits were out for a Japanese, French and Mexican restaurant. Right now there is only one permit out which is his since the other restaurants are gone. On Monday and Tuesday they open at 3:00 p.m. and the other days at 12:00 noon. He does not do pizza slices. It is just for families. It is not a place for kids to hang out at all. He and his wife will be running the business and are fully responsible for not selling beer and wine to minors. He confirmed they had been in business on the site for seven years. He just expanded this year and hopes to add beer and wine. Friday and Saturday they close at 11:00 p.m., Sunday, Monday and Tuesday they close at 9:00 p.m., and Wednesday and Thursday they close at 10:00 p.m. Annika Santalahti. It has occurred previously when public notices have gone out in the summer, school districts staffing does not appear to be the same as during the school year. The school will get a notice from the Alcoholic Beverage Commission. Council Member Feldhaus. He does not want to prohibit the man from running his business if it is properly done. He was under the impression that there was some kind of restriction on serving alcoholic beverages within so many 633 City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 11, 1994 - 5:00 P.M. feet of schools and when he was on the Planning Commission recalled the subject coming up. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Pickler, seconded by Council Member Daly, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Council Member Hunter was absent. MOTION CARRIED. Council Member Pickler offered Resolution No. 94R-248 for adoption. Refer to Resolution Book. RESOLUTION NO. 94R-248: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3712. Roll Call Vote on Resolution No. 94R-248 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Daly None Hunter The Mayor declared Resolution No. 94R-248 duly passed and adopted. City Attorney White then explained for Council Member Feldhaus, dependent on the kind of license, whether for beer, a liquor store, or alcohol on-premise consumption in connection with a restaurant, the City's ordinance requires a CUP for any of those uses. If ABC has a regulation against it, they are not going to get their license. They need two different permits - one from the City and one from ABC. If the City does not approve the permit, ABC will not approve it. Cl. COUNCIL COMMENTS: 131: SUPPORTING EXTENSION OF THE ROUTE 57 FREEWAY: Mayor Daly. He would like permission and approval to send a letter to the County Board of Supervisors to support extension of the Route 57 Freeway under consideration by the County and OCTA. It will be a very beneficial project to Anaheim especially for the business community. City Attorney White suggested waiving the posting requirement of the Brown Act in order to take the proposed action. MOTION: Council Member Pickler moved to waive the 72-hour posting provision of the Brown Act. Council Member Daly seconded the motion. Council Member Hunter was absent. MOTION CARRIED. MOTION: Council Member Daly moved that the Council approve sending a letter to the County Board of Supervisors supporting extension of the Route 57 Freeway under consideration by the County and OCTA. Council Member Pickler seconded the motion. Council Member Hunter was absent. MOTION CARRIED. C2. 112: REPORT ON CLOSED SESSION ACTIONS: City Attorney White stated that there are no actions to report. 634 ~it¥ Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 11r 1994 - 5~00 P.M. ADJOURNMENT: By general Council consent the City Council meeting of October 11, 1994 was adjourned. (8:20 p.m.) LEONORA N. SOHL, CITY CLERK 635