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1987/07/07?9 City Hall, Amaheim~ California - ~OUNCIL MINUTES - July 7, 1987, 10:00 A.M. The City Council of the City of Anaheim met in adjourned regular session (of June 30, 1987). PRESENT: AB SENT: PRESENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood and Bay COUNCIL MEMBERS: Pickler CITY MANAGER: William O. Talley CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl HUMAN RESOURCES DIRECTOR: Garry McRae DIRECTOR OF PARKS, RECREATION & COMMUNITY SERVICES: MAINTENANCE DIRECTOR: John Roche FIRE CHIEF: Jeff Bowman Chris Jarvi A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 1:00 p.m. on July 3, 1987 at the Civic Center kiosk, containing all items as shown herein. Mayor Bay called the adjourned regular meeting of June 30, 1987 to order at 10:20 a.m. on July 7, 1987 and welcomed those in attendance to the Council meeting. 106: RESOURCE AI3.0CATION PLAN WORKSHOP: To consider amendments to the 1987-88, 1988-89 Resource Allocation Plan. Ail items scheduled under the R.A.P. workshop were previously listed under item Number 21 on the June 30, 1987 agenda and continued to this date. 1. 156: Declaring policy regarding the Police 2000 Pr6Ject. (Page 25 of the R.A.P., item 21B) Mayor Bay summarized that he still feels the Council is facing a great deal of work on the budget due to the fact that the plan was based on the premise of new revenue sources, whereas the stated Council policy thus far is that to his knowledge the Council wishes to work from the premise that there will be no new taxes. He indicated he would like confirmation of that so as to be assured they are working from a majority position. Councilman Hunter concurred, with the exception of the Transient Occupancy Tax, which does not directly affect the taxpayers of Anaheim. Councilman Ehrle indicated he was also opposed to any increase in new taxes other than what has been approved, which is the 2% increase on the "bed tax." Councilwoman Kaywood voiced the opinion that Council Members should first indicate and go on record as to whether or not they are in favor of Police 2000. 628 8O City Hall, Ap-helm, California - COUNCIL MINUTES - July 7, 1987, 10:00 A.M. Mayor Bay was of the opinion that discussion is not closed as of yet on this issue, and that he feels the Council should not close discussion or make a decision until they conclude that they have done everything they can with the revenue which is at hand. The problem being that the present R.A.P. implies that the Police 2000 project is almost totally dependent on new revenue. Councilman Hunter moved to declare that the Council's policy be to continue to implement Police 2000 within fiscal limits. There was no second. Mayor Bay indicated he would support a motion stating it is the intent of this Council to do everything possible within fiscal restraints to implement Police 2000. There was no second. At the conclusion of discussion the declaration of policy concerning Police 2000 Project was continued one week to be discussed on July 14, 1987, by general consent. Councilwoman Kaywood was opposed, noting that two Council Members were scheduled to be absent for that meeting. 2. 173: Declaring policy regarding the local revenue enhancement for transportation improvements study to address Vision 2000 transportation strategies. (page 37, item 21C) Mr. Talley explained that there is a $30,000 cost for the study which is not presently included in the two-year R.A.P. He noted tbmt the most expensive proposition before the Council concerning overall city needs is to solve the transportation problems, particularly in the tourist-Convention Center.areas. This was identified in Vision 2000 as a major city problem. Council members discussed the possibility of funding this study out of Katella Redevelopment Project, or of reimbursement from that fund if the study were performed. City Attorney Jack White agreed this might be possible to the extent the reimbursement is based on benefit to the redevelopment area. Mr. Gary Johnson, City Engineer, advised that he feels the City needs to be reviewed as a whole. His primary concern is for the approximate $36 million dollar deficiency in maintaining arterial highways, 75% of which are outside of the redevelopment project area. Arterial maintenance is greatly underfunded, there is a need for up to $150 million. MOTION: Councilwoman Kaywood offered a motion to approve the policy regarding revenue enhancement for the transportation improvements study to address Vision 2000 transportation strategies. It was discussed that the City does have the ability to divide the costs of the proposed study and to pay for the portion which relates to redevelopment from Redevelopment Agency funds. Following discussion, it was determined to act on the policy portion only and 629 City Hall~ Amoh~im, California - COUNCIL MINUTES - July 7~ 1987, 10:00 A.M. to defer that portion pertaining to the study cost. With this understanding the foregoin~ motion was seconded by Mayor Bay. (Councilman Pickler absent) MOTION CAR/tIED. 3. 132: Declaring policy regarding staff study of alternative financing mechanisms to address street and sidewalk maintenance. (Page 49, 21D ) Mr. Talley explained the purpose of this policy was to require either assessments or that the property owners replace damaged curbs/sidewalks in front of their homes. This is in conjunction with personally owned trees. The suggestion is that Council direct staff to bring back a report on other financing mechanisms. MOTION: On motion by Mayor Bay, seconded by Councilman Ehrle the City Council declared that their policy be to have staff study alternative financing mechanisms to address street and sidewalk maintenance. (Councilman Pickler absent.) MOTION CARRIED. 4. 156: Declaring policy regarding funding of the "public safety package" in the 1987/89 RAP. (Page 2, 21F). By general consensus this item was continued one week to the meeting of July 14, 1987, to be considered together with the policy question concerning Police 2000. Councilwoman Kaywood was opposed for her previously stated reason. 5. 165/114: Revision to Council Policy No. 701, Sidewalk and Parkway Trees. Ordinance for first reading amending Chapter 12.29 of the Anaheim Municipal Code, pertaining to parkway trees and sidewalk repairs, and a proposed resolution establishing service charges for repair of privately-owned sidewalks in the public right-of-way.(21G). Mayor Bay advised that he had reviewed the proposed policy and there is one area within it which he would like to discuss. This relates to the statement under "la" that the Parks Division will determine if a tree should be removed. It was his understanding that if the damage is caused by privately owned trees, then the owner is going to be responsible for payment or repair, and if that is the case, then why does the property owner not have something to say about whether the tree should be removed or not. Following brief discussion, on motion by Mayor Bay, seconded by Councilman Hunter, these items were continued one week to allow changes to be incorporated by staff into the Council Policy. (Councilwoman Kaywood voted No. Councilman Pickler absent.) MOTION CARRIED. 6. 129/000: Declaring policy regarding new fee programs in the Fire Department, and the proposed resolution revising permit and other fees for services rendered by the Fire Prevention Bureau effective July 1, 1987. 630 78 City Hall, A-theRm, California - COUNCIL MINUTES - July 7~ 1987, 10:00 A.M. MOTION: On motion by Councilwoman Kaywood, seconded by Mayor Bay, the City Council declared its policy to support new fee programs as submitted by the Fire Department. (Councilman Pickler absent.) MOTION CARItlED. Mayor Bay noted that while he approves of the fee policy as stated above which is intended to raise revenues estimated at ~75,400 to cover the costs of the stated programs, he was not ready to approve that portion dealing with a new certification fee for business license fire clearance. It was further his understanding this has not been reviewed with the Chamber of Commerce. Fire Chief Bowman indicated that Mayor Bay was correct and that the City Manager had requested this portion of the proposal be postponed for sixty days. Meetings are to be scheduled immediately with the Chamber on this subject. The issue relative to establishing certification fees for business license fire clearance was removed from the agenda, to be rescheduled by staff. Councilwoman Kaywood offered Resolution No. 87R-285 for adoption. Refer to Resolution Book. RESOLUTION NO. 87R-285: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REVISING PERMIT AND OTHER FEES FOR SERVICES RENDERED BY THE FIRE PREVENTION BUREAU OF THE FIRE DEPARTMENT AND ESTABLISHING THE EFFECTIVE DATE OF FEES. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL M~/BERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood and Bay None Pickler The Mayor declared Resolution No. 87R-285 duly passed and adopted. 7. 153: Resolutions establishing the Management Pay Plan by adjusting the management salary structure affecting Executive, Administrative, Middle Management/Supervisory, and Professional/Technical classifications. (P1 through P4). Mr. Talley noted that these resolutions are necessary to put in place the new classifications and title changes for various management classifications which will enable the City to proceed with advertising and recruitment of those people who do not constitute new positions. There is also concern about the 4.5 percent salary structure adjustment, and whether the Council wishes to delay that action until October, which would add further to the compression issues. 631 75 City Ha!!~ Anaheim, California - COUNCIL MINUTES - July 7, 1987, 10:00 A.M. Mayor Bay noted that he has been openly opposed to the management pay plan and the implementation of it across the last 4 - 5 years. He presently disagrees with the recommended 4.5 percent adjustment, and has heard talk among the Council about reviewing the entire MBO and pay-for-performance system. Mr. Talley explained that he understood the Mayor's concerns and that it is most appropriate that the Council specify whatever pay plan and classification plan the management is to work under, however, the changeover and implementation will take months. In the meantime, for the 1986-87 fiscal year, which has come and gone, the employees have worked under this plan and to his thinking it would not be equitable to change the rules at this point. MOTION: The above resolutions relating to the Management Pay Plan were continued to the meeting of July 14, 1987 on motion by Mayor Bay, seconded by Councilman Hunter. (Councilwoman Kaywood voted No. Councilman Pickler absent). MOTION CARRIED. 8. 153: Proposed resolution establishing management pay plan, rates of compensation and pay policies for classes designated as Middle Management/Supervisory in regard to the compression issue, effective June 26, 1987. (R) Mr. Talley urgently recommended that Council adopt this resolution because of the continuing inequity being experienced with pay scales. Without approval of this proposed change, the problem will be exacerbated. Mayor Bay noted that this issue is not a new one, but the only solution he hears proposed is to increase management and supervisory pay scales above the highest bargaining unit levels, and no other solution is proposed. In his opinion management should be seeking to cut down on overtime and to reduce the lower levels rather than always increasing at the upper level. Mr. Talley stated he would agree with the Mayor's statement, however there are two areas in this situation over which management has no control, i.e., (1) it is the City ¢ouncllwhich determines the salary rates for these subordinates, and (2) the City has no control over the FLSA rulings which have imposed on the City overtime which has a worth of one million dollars. The situation has become one where employees do not seek promotion, nor take promotional exams since the difference in salary does not make it worthwhile, in their estimation, to take on additional responsibility. Councilman Hunter concurred and noted that he is well aware of this problem. He voiced the opinion that by allowing the situation to remain as is will deliver a message to the line people saying don't go to school, and don't advance yourself. 632 City Hall, A--he~m, C-lifornia - COUNCIL MINUTES - July 7, 1987, 10:00 A.M. Mr. Garry McRae, Human Resources Director, in addressing the Mayor's concern about the domino effect of this type of increase, briefed the Council on the historical reasons the City is faced with the compression problem. He noted that the proposed resolution was carefully designed to increase promotions from 10 to 151 for certain classifications; to provide time-and-a-half pay for situational mann/nE in certain classes in both Police and Fire; and to provide a one-time special adjustment of 5% or to the range midpoint for designated classifications. He also noted that if the Council adopts this proposed resolution without adjusting the salary structure matrix by 4.5 percent, all of the corrections and inequities will not be accomplished. At the conclusion of discussion, Councilman Hunter offered Resolution No. 87R-286 for adoption. Refer to Resolution Book. RESOLUTION NO. 87R-286: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 86R-291 ESTABLISHING THE MANAGEMENT PAY PLAN BY ADJUSTING THE MANAGEMENT SALARY STRUCTURE, ESTABLISHING RATES OF COMPENSATION AND MANAGEMENT PAY POLICIES FOR CLASSIFICATIONS DESIGNATED AS MIDDLE MANAGEMENT/SUPERVISORY. (with regard to the compression issue) Roll Call Vote: AYES: COUNCIL MEMBERS: Ehrle, Hunter and Kaywood NOES: COUNCIL MEMBERS: Bay ABSENT: COUNCIL MEMBERS: Pickler The Mayor declared Resolution No. 87R-286 duly passed and adopted. 9. 153: Proposed resolution establishing the merit pool fund for all management classifications. (S). Mayor Bay was of the opinion that the City Council could not establish a merit pool until after the remainder of their budgetary decisions are made. He thereupon moved that this item be continued along with the remainder of the decisions to the meeting of July 14, 1987 and thereafter on a week-to-week basis until resolved. Mr. Talley pointed out that he considered it would be detrimental for Council to delay this decision until October, when in actuality the process of evaluation of the previous year's management performance takes place in August. Mayor Bay noted that the amount of money under discussion is $900,000 which is significant and germane to the budget discussions. The above motion was seconded by Councilman Hunter. (Councilwoman Kaywood voted no. Councilman Pickler absent.) MOTION CARRIED. 633 Cit~ Rmll, Anmheim~ California - COUNCIL MINUTES - Jul7 7, 1987~ 10:00 A.M. 10. 153: Proposed Ordinance for first reading to amend Title 1 of the Anaheim Municipal Code, adding Chapter 1.06, relating to employer-employee relations (U). At the request of the City Attorney, the above item was continued one week to the meetin& of July 14, 1987, by general consensus. 11. 129: New Budget Items--Proposed Resolution and Ordinances for first reading amending Title 6 requiring persons who handle hazardous materials to file annual disclosure forms; and relating to disclosure of hazardous materials, establishing an annual payment of fees and penalties. The above items were withdrawn by Mr. W.0. Talley and will be resubmitted to the City Council in approximately 60 days, following their discussion with the Chamber of Commerce. ADJOURNHENT: Mayor Bay moved to adjourn the adjourned regular meeting of June 30, 1987. Councilman Hunter seconded the motion. Councilman Pickler was absent. MOTION CARRIED. (12:25 p.m.) LEONORAN. SOHL, CITY CLERK 634 City Hall~ An-heim~ California - COUNCIL MINUTES - July 7, 1987, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood and Bay ABSENT: COUNCIL MEMBERS: Pick~ / / . · PRESENT: CITY MANAGER: William O. Talley CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl DIRECTOR OF COMMUNITY DEVELOPMENT & PLANNING: Norman J. Priest TRAFFIC ENGINEER: Paul Singer ZONING ADMINISTRATOR: Annika Santalahti CODE ENFORCEMENT SUPERVISOR: John Poole DIRECTOR OF PARKS, RECREATION & COMMUNITY SERVICES: Chris Jarvi A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 1:00 p.m. on July 3, 1987 at the Civic Center kiosk, containing all items as shown herein. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. Pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46; City of Anaheim vs. Anaheim Hotel Partnership, 46-96-59; Grant Corp., et al, vs. City of Anaheim, O.C.S.C.C. 41-32-50; Mendoza vs. City of Anaheim, O.C.S.C.C. 38-50-28. b. Labor relations matters - Government Code Section 54957.6. c. Personnel matters - Government Code Section 54957. d. Potential litigation pursuant to Government Code Section 54956.9(c). Councilwoman Kaywood moved to recess into Closed Session. Councilman Bay seconded the motion. Councilman Pickler was absent. MOTION CARRIED. (12:25 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Councilman Pickler, and welcomed those in attendance to the Council meeting. (1:40 p.m.) CLOSED SESSION MATTERS: Human Resources Director, Garry McRae, presented three resolutions which had been considered at Closed Session under personnel and labor relations matters, and recommended that said resolutions be adopted. BROWN ACT PROVISION: On motion by Councilman Bay, seconded by Councilman Hunter, the Anaheim City Council determined that the need to act an the following item arose after the posting of the agenda for this meeting, on 635 24S City Hall~ A_naheim, California - COUNCIL MINUTES - July 7~ 1987, 1:30 P.M. Friday July 3, 1987 at 1:00 p.m.; and consequently waived the Brown Act requirement relative to posting the item on the printed agenda. Councilman Pickler was absent. MOTION CARRIED. 153: RESOLUTION NOS. 87R-287 THROUGH 87R-289: Councilman Bay offered Resolution Nos. 87R-287 through 87R-289 for adoption. Refer to Resolution Book. RESOLUTION NO. 87R-287: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING DATED JULY 1, 1987 BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION GENERAL CITY EMPLOYEES. RESOLUTION NO. 87R-288: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 87R-82 WHICH ESTABLISHED RATES OF COMPENSATION FOR UNREPRESENTED PART-TIME JOB CLASSIFICATIONS. RESOLUTION NO. 87R-289: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 86R-008 WHICH ESTABLISHED RATES OF COMPENSATION FOR PART-TIME JOB CLASSIFICATIONS WITH FULL-TIME EQUIVALENTS. Roll Call Vote: AYES: COUNCIL MEMBERS: Ehrle, Hunter and Bay NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: Pickler The Mayor declared Resolution No. 87R-287 through 87R-289 duly passed and adopted. In response to question by Councilwoman Kaywood, Mr. McRae reported that the annual fiscal impact of subject resolutions would amount to $783,000 in excess of the 1987/88 Resource Allocation Plan. Councilwoman Kaywood inquired as to the Council's intent regarding the overage. Mayor Bay stated that the additional funds constituted one more matter to be considered in the continuing examination of the Budget by the City Council. wAIVER OF READING - ORDINANCES AND RESOLUTIONS; Councilman Bay moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by ail Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Hunter seconded the motion. Councilman Pickler was absent. MOTION CARRIED. AFTER RECESS: Mayor Bay reconvened the regular meeting of the Anaheim City Council at 2:10 p.m. and welcomed those in attendance to the Council meeting. Councilman Pickler was absent. INVOCATION: Dr. Bryan Crow, Euclid Street Baptist Church, gave the Invocation. 636 City Hall~ Anmheim~ California - COUNCIL MINUTES - July 7~ 1987~ 1:30 P.M. FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 153: ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION: Sharon Erickson, President of the Anaheim Municipal Employee Association, briefly addressed the City Council expressing appreciation for the resolutions passed earlier in the day, constituting settlement of litigation previously filed against the City concerning personnel and labor relations matters. 119: INTRODUCTION: Mrs. Mary Nicolai, member of the Sister Cities Committee, introduced Reiko Hasegawa, English teacher from Mito, Japan, who was visiting at the Nicolai home. Ms. Hasegawa was then personally introduced to Council Members and Mayor Bay, on behalf of the Council, welcomed her to Anaheim. 119: INTRODUCTION: Mrs. June Lowry, member of the Sister Cities Committee, introduced Miss Laurie Rau, a 1987 graduate of Canyon High School, and explained that Miss Rau would be traveling to Mito, Japan (Anaheim's Sister City) under the Sister City Program to foster interest in student exchange. Miss Rau was then introduced to the Council Members and Mayor Bay, on behalf of the Council, welcomed her and wished her well.. 119: PROCLAMATIONS: The following proclamation was issued by Mayor Bay and authorized by the City Council: Parks and Recreation Month in Anaheim, July 1987. 119: EXPRESSIONS OF APPRECIATION: The following Expressions of Appreciation were issued by Mayor Bay and authorized by the City Council: Warren Belanger, for his concern and involvement with the "Anaheim Says No to Fireworks" campaign. The Union Federal Savings & Loan Association in Anaheim, along with Union Federal Officials Ronald Spinoglio, Gary Bessey and Linda Ingalls, for their involvement with the "Anaheim Says No to Fireworks" campaign. 129: EXTENDING THE BAN TO OTHER CITIES: On motion by Councilwoman Kaywood, seconded by Councilman Bay, the City Council directed that letters be forwarded to the Orange County Board of Supervisors and to those Orange County cities in which "safe and sane" fireworks are legal, suggesting that they place a proposed fireworks ban on the election ballot. Councilman Pickler was absent. MOTION CARRIED. 119: PRESENTATION - ANAHEIM CHAMBER OF COMMERCE: Immediate Past-President Floyd Farano addressed the Council noting changes which have evolved over the past years. The Anaheim Chamber of Commerce anticipates a closer relationship with City government, and hopes to be more responsive to important matters of public concern in the future. He expressed appreciation to the City for its cooperation over the past year, which was an excellent one for the business community and the City. 637 246 City Hall, Anaheim, California - COUNCIL MINUTES - July 7, 1987~ 1:30 P.M. Robert Kuznik, the new Chamber of Commerce President, addressed the Council outlining this year's theme of Continuity of Leadership and The Voice of Business. He indicated the intent of the Chamber of Commerce Board of Directors to work in partnership with the City Council and City staff on matters of mutual interest, while continuing to promote Anaheim. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $6,309,245.28, in accordance with the 1987-88 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Bay, seconded by Councilman Ehrle, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Bay offered Resolution Nos. 87R-290 through 87R-299, both inclusive, for adoption. Refer to Resolution Book. 1. 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 Chang Ko & Keum Hwa Lee for bodily injury sustained purportedly due to actions of the City on or about March 7, 1987. b. Claim submitted by State Farm Insurance Company (Odino Gavieres, insured) for property damage sustained purportedly due to actions of the City on or about March 11, 1987. c. Claim submitted by Ann M. Sigler for bodily injury sustained purportedly due to actions of the City on or about April 17, 1987. d. Claim submitted by Christopher James Martinkovich bodily injury sustained purportedly due to actions of the City on or about February 12, 1987. 2. Receiving and filing the following correspondence: (on file) a. 105: Community Redevelopment Commission, Minutes of June 3 , 1987. b. 105: Community Redevelopment Commission, Minutes of June 10, 1987. c. 105: Project Area Committee, Minutes of June 24, 1987. d. 105: Public Library Board, Minutes of May 27, 1987. 3. 175/123: Authorizing an agreement with Stanton County Water District at an annual cost of approximately 3624 for shared capacity rights to provide for wastewater transportation for approximately 630 acres of property within the City previously detached from the Stanton County Water District. 4. 180: Approving the offer of Fred S. James & Co., Broker of Record, to place the City's excess worker's compensation insurance coverage, underwritten 638 City Hall~ Anaheim, California - COUNCIL MINUTES - July 7~ 1987, 1:30 P.M. through Employer's Reinsurance, at an auditable premium of $70,012 for the period July 1, 1987 to July 1, 1988. 5. 180: Approving the offer of Fred S. James & Co., Broker of Record, to place the City's order for aviation liability insurance, underwritten through Southern Marine and Aviation, Inc., at an annual cost of ~47,165.16 for helicopter liability and 52,938.35 for heliport liability for coverage for the period July 1, 1987 to July 1, 1988. 6. 180: Approving the offer of Fred S. James & Co., Broker of Record, to place the City's order for blanket property insurance coverage, underwritten throu&h lead carriers Home Insurance and Associated International Group, at an annual premium cost of $727,500, for the period July 1, 1987 to July 1, 1988. 7. 104: RESOLUTION NO. 87R-290: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1977-1 FOR THE CONTRACT YEAR JULY 1, 1987 TO JUNE 30, 1988, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT #1404) (Levying an assessment of 534.97 on each lot and parcel) 8. 104: ILESOLUTION NO. 87R-291: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1980-2 FOR THE CONTRACT YEAR JULY 1, 1987 TO JUNE 30, 1988, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT #1859) (Levying an assessment of 533.12 on each lot and parcel) 9. 104: RESOLUTION NO. 87R-292: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1980-3 FOR THE CONTRACT YEAR JULY 1, 1987 TO JUNE 30, 1988, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT #1097) (Levying an assessment of 596.60 on each lot and parcel) 10. 104: RESOLUTION NO. 87R-293: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN ST~LEET LIGHTING MAINTENANCE DISTRICT 1980-4 FOR THE CONTRACT YEAR JULY 1, 1987 TO JUNE 30~ 1988~ FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE STF, EET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT #1392) (Levying an assessment of 523.18 on each lot and parcel) 11. 104: RESOLUTION NO. 87R-294: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1980-7 FOR THE CONTRACT YEAR JULY 1, 1987 TO JUNE 30, 1988, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT #2875) (Levying an assessment of 540.87 on each lot and parcel) 12. 104: RESOLUTION NO. 87R-295: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1981-1 FOR THE CONTRACT YEAR JULY 1, 639 244' City Hall~ Anaheim, California - COUNCIL MINUTES - July 7, 1987, 1:30 P.M. 1987 TO JUNE 30, 1988, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACTS 1516 AND 1653) (Levying an assessment of $39.97 on each lot and parcel) 13. 104: RESOLUTION NO. 87K-296: A KESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1981-5 FOR THE CONTRACT YEAR JULY 1, 1987 TO JUNE 30, 1988, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACT #2090) (Levying an assessment of $28.98 on each lot and parcel) 14. 104: RESOLUTION NO. 87R-297: A KESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1981-6 FOR THE CONTRACT YEAR JULY 1, 1987 TO JUNE 30, 1988, F0R THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACTS 2228 AND 2705) (Levying an assessment of $35.45 on each lot and parcel) 15. 104: RESOLUTION NO. 87R-298: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1982-1 FOR THE CONTRACT YEAR JULY 1, 1987 TO JUNE 30, 1988, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACTS 1326 AND 1563) (Levying an assessment of $23.75 on each lot and parcel) 16. 104: RESOLUTION NO. 87R-299: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1985-1 FOR THE CONTRACT YEAR JULY 1, 1987 TO JUNE 30, 1988, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (TRACTS 1647, 3278 AND 3301) (Levying an assessment of $34.83 on each lot and parcel) Roll Call Vote: AYES: NOES: AB SENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood and Bay None Pickler The l~ayor declared Resolution Nos. 87R-290 through 87R-299, Both inclusive, duly passed and adopted. End of Consent Calendar. Councilman Pickler was absent. MOTION CARRIED. 169: AWARD OF CONTRACT - LINCOLN AVENUE REALIGNMENT~ PHASE II: At the request of Councilman Hunter, subject contract award was removed from the Consent Calendar and question was asked whether funds for the proposed work were already approved and in place within the 1987-88 Budget. The answer was in the affirmative. Councilman Bay offered Resolution No. 87R-300 for adoption, awarding a contract to the lowest and best responsible bidder, Silveri & Le Boner JV, in 640 241 i City Hall~ Anaheim, California - COUNCIL MINUTES - July 7, 1987~ 1:30 P.M. the amount of $5,051,953.63, for Lincoln Avenue Realignment, Phase II, Account No. 46-792-6325-E2200. Refer to Resolution Book. RESOLUTION NO. 87R-300: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (SILVERI & LE BOUEF JV) Roll Call Vote: AYES: NOES: ABSENT COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood and Bay None Pickler The Mayor declared Resolution No. 87R-300 duly passed and adopted. 161/171: RESOLUTION - PROPOSED REDEVELOPMENT PROJECT AREA: Upon report and recommendation by the City Manager, Councilman Bay offered Resolution No. 87R-301 for adoption, electing to receive allocations of taxes pursuant to the Community Redevelopment Law in connection with the proposed Katella Redevelopment Project Area. Refer to Resolution Book. RESOLUTION NO. 87R-301: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ELECTING TO RECEIVE ALLOCATION OF TAXES PURSUANT TO THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood and Bay None Pickler The Mayor declared Resolution No. 87R-301 duly passed and adopted. 179: REHEARING REQUEST - CONDITIONAL USE PERMIT NO. 2888: Request for a rehearing submitted by Anaheim Hills Citizens Coalition, for Conditional Use Permit No. 2888, to permit a church on RS-HS-22,000 (SC) zoned property located at 441 Fairmont Boulevard, with Code waiver of maximum structural height, granted by Council April 21, 1987. Due to the absence of Councilman Pickler, who had taken part in the original decision on subject Conditional Use Permit No. 2888, Councilman Bay moved that subject request be continued two weeks to Tuesday, July 21, 1987. Councilman Hunter seconded the motion, City Attorney Jack White advised that there was a time factor involved in this type of request, but action to continue would not violate the applicant's application for rehearing, which was submitted in a timely manner. MOTION 105: APPOINTMENTS TO FILL TERMS EXPIRING JUNE 30~ 1991 ON THE FOLLOWING BOARDS AND COMMISSIONS: Councilwoman Kaywood moved to continue the appointments for two weeks for consideration by all Council Members. The motion died for lack of a second. 641 242 City Ball~ Anmheim, California - COUNCIL MINUTES - July 7, 1987, 1:30 P.M. 105: COMMUNITY REDEVELOPMENT COMMISSION (4 YEARS) TERM ENDING JUNE 30~ 1991: Councilman Bay nominated Dr. Robert Dory and Dan Martinez for reappointment, and nominated Lt. Col. Earl F. Rhoads (new appointment). (Unexpired term of Mr. Ranney ending June 30, 1988). Councilwoman Kaywood nominated Susan Flandro. Nominations were closed. Councilman Hunter moved that Lt. Col. Earl F. Rhoads be appointed to the Community Redevelopment Commission. Councilman Ehrle seconded the motion. Councilwoman Kaywood abstained. Councilman Pickler was absent. MOTION CARRIED. Councilwoman Kaywood moved to make the motion appointing Lt. Col. Rhoads unanimous. Councilman Bay seconded the motion. Councilman Pickler was absent. MOTION CARRIED. Commissioners Dory and Martinez were unanimously reappointed each to an ensuing 4-year term. 105: COMMUNITY SERVICES BOARD (4 YEARS) TERMS ENDING JUNE 30, 1991: On motion by Councilman Hunter, seconded by Councilman Ehrle, a unanimous ballot was cast reappointing Judy Olsen, Betty Vion and Mary L. Hibbard to the Community Services Board. Councilman Pickler was absent. MOTION CARRIED. 105: HOUSING COMMISSION (4 YEARS) REGULAR HOUSING COMMISSION - TERMS ENDING JUNE 30, 1991 AND (2 YEARS) - TRNANT COMMISSIONER; TERM ENDING JUNE 30, 1989: by Councilman Bay, seconded by Councilman Hunter, a unanimous ballut On motion was cast to reappoint Norman K. Cook and Edward D. Garda as regular Housing Commissioners, and Jeannette Siegel, Tenant Housing Commissioner. Councilman Pickler was absent. MOTION CARRIED. 105: INDUSTRIAL DEVELOPMENT BOARD (4 YEARS) TERM ENDING JUNE 30, 1991: On motion by Councilman Bay, seconded by Councilman Ehrle, John M. Flocken and Robert J. Risteen were unanimously reappointed. Councilman Pickler was absent. MOTION CARRIED. 105: LIBP~Y BOAILD (4 YF~S) TF~ ENDING Jb~NE 30, 1991: On motion by Councilman Hunter, seconded by Councilman Bay, Barbara Wnorton was unanimously reappointed to the Library Board. Councilman Pickler was absent. MOTION CARRIED. 105:' PLANNING COMMISSION (4 YEARS) TERMS ENDING JUNE 30, 1991: Councilman Ehrle nominated Frank Feldhaus to the Planning Commission. Councilwoman Kaywood nominated Phyllis Boydstun. Councilman Hunter nominated John Carusillo. Nominations were closed. Councilman Bay moved that Frank Feldhaus be appointed to the Planning Commission. Councilman Ehrle seconded the motion. Councilwoman Kaywood voted no. Councilman Pickler was absent. MOTION CARRIED. (Glen Fry vacancy) 642 City Hall, An-helm, California - COUNCIL MINUTES - July 7, 1987, 1:30 P.M. Councilman Bay moved that Phyllis Boydstun be unanimously appointed to the Planning Commission. Councilman Ehrle seconded the motion. Councilman Pickler was absent. MOTION CARRIED. (Charlene La Claire vacancy) Councilman Hunter moved that John Carusillo be appointed to the Planning Commission. Councilman Ehrle seconded the motion. Councilwoman Kaywood abstained. Councilman Pickler was absent. MOTION CARRIED. (Len Lawicki vacancy, term ending June 30, 1989) 105: PUBLIC UTILITIES BOARD (4 YEARS) TERMS ENDING JUNE 30, 1991: On motion by Councilman Bay, seconded by Councilman Ehrle, Joe White was reappointed to the Public Utilities Board. Councilwoman Kaywood voted no. Councilman Pickler was absent. MOTION CARRIED. Councilman Bay moved that Carl Kiefer be unanimously reappointed to the Public Utilities Board. Councilman Hunter seconded the motion. Councilman Pickler was absent. MOTION CARRIED. Councilwoman Kaywood nominated Bob Kazarian. Councilman Bay nominated Ian Skidmore. Nominations were closed. On motion by Councilman Bay, seconded by Councilman Hunter, Ian Skidmore was appointed to the Public Utilities Board for the unexpired term ending June 30, 1989. Councilwoman Kaywood voted no. Councilman Pickler was absent. MOTION CAR/tIED. (Nueler vacancy) 105: SENIOR CITIZENS COMMISSION (3 YEARS) TERMS ENDING JUNE 30~ 1990: On motion by Councilwoman Kaywood, seconded by Councilman Bay, Edward Stringer, Sr., Frances Scherman and George Collins were unanimously reappointed to the Senior Citizens Commission. Councilman Pickler was absent. MOTION CARRIED. RECESS: By general consent, the City Council recessed to the Celebrity Theatre, 201 E. Broadway, for public hearings scheduled this date. Councilman Pickler was absent. MOTION CARRIED. (3:15 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Councilman Pickler. (3:25 p.m.) Mayor Bay called the meeting to order at the Celebrity Theatre/Freedman Forum Facility, 201 East Broadway, all Council Members being present with the exception of Councilman Pickler. (3:28 p.m.) 179: CONTINUED PUBLIC HFARING - CONDITIONAL USE PERMIT NO. 2906 AND NEGATIVE DECLARATION: APPLICANT: Mildred B. and T. E. Yellis 13680 Cloverdale, Corona Ca 91720 ZONING/LOCATION/REQUEST: CL zoned property located at 530 North Brookhurst Street; to permit a convenience market with gasoline sales and off-sale beer and wine. 643 City ~all~ Anahetm~ California - COUNCIL MINUTES - July 7~ 1987~ 1:30 P.M. PLANNING COMMISSION ACTION: Denied by the Planning Commission PC87-98. HEARING SET ON: Appealed by Mr. W.F. Reynolds, Atlantic Richfield Company and originally scheduled for the meeting of June 2, 1987, continued to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin May 23, 1987. Posting of property May 22, 1987. Mailing to property owners within 300 feet - May 22, 1987. PLANNING STAFF INPUT: See Staff Report dated April 27, 1987. APPLICANT'S STATEMENT: Wallace R. Davis, 540 North Golden Circle Drive, Santa Ama 92705, Attorney, representing the applicants. Stated he has been before the City Council with similar applications which were approved for similar mini-markets within the City, at four different locations. These have been operating with the sale of beer and wine without detrimental effects. The applicant's proposal will greatly improve the visual site and aesthetics at subject location. The Code permits these sales in conjunction with mini-markets, the applicant has complied with all City requirements in this application, and requests approval. Mr. Davis called attention to the recommendation from the Traffic Engineer that two driveways, one each on Brookhurst and Crescent Avenue be removed, and stated the applicant's preference to retain these as they presently exist. Councilman Hunter. Noted that he had been contacted by adjacent property owners to the east, with regard to the applicant building a six foot block wall along the east side of the property, and this would remove their objections. Mr. Davis stated that would be acceptable to the applicant. PUBLIC DI$CU$$ION: John Lenney, 139 West Ball Road, Apartment C~ Anaheim. Stated that it has in recent years been a problem for the public to find restrooms, and noted that gasoline stations and convenience markets have been approved without such facilities, nor convenience such as water and air for motorists. He asked that the Council require this project to have restrooms available for the public. Walter Bormann, 2704 W. Ball Road, Anaheim 92804. Stated he is opposed to convenience stores selling any kind of alcoholic beverages. 644 237' City Hall~ An~heim~ California - COUNCIL MINUTES - July 7, 1987, 1:30 P.M. EXHIBITS, MATERIALS SUBMITTED: Submitted by Mr. Davis together with letter dated July 2, 1987: 1. AM/PM Franchise Sales Brochure 2. Study conducted by Purdue University in 1986 regarding common site sales of beer and wine and gasoline. SPECIAL CONCERNS OF CITY COUNCIL MEMBERS: Councilwoman Kaywood. Voiced concern over the location of the proposed facility which is right across the street from a junior high school. She also was concerned over the possibility of employees under 21 years of age selling alcohol to minors. FINAL SUMMATION BY APPLICANT: Mr. Davis advised that restrooms which will be open to the public are included in the plans. The issue of air and water is that it is a state law that requires any service stations selling petrol products to provide these at no cost. He noted the location for these facilities on the proposed plans. One of the requirements imposed upon the CUP is that personnel employed be over 21 years of age. CHANGES TO PROPOSAL AS A RESULT OF DISCUSSION/COUNCIL CONCERN: Added additional condition that the applicant build a six foot block wall fence along the easterly property line. Paul Singer, Traffic Engineer, reported that the plans as submitted show one driveway from Brookhurst and one from Crescent which does conform to the request made by his office. COUNCIL ACTION: Mayor Bay closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Bay, 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. Councilman Pickier was absent. MOTION CARRIED. Mayor Bay offered Resolution No. 87R-302 for adoption, granting Conditional Use Permit No. 2906 subject to Interdepartmental Conditions, with added condition relating to the construction by the applicant of a six foot block wall along the easterly property line. RESOLUTION NO. 87R-302: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2906. Roll Call Vote: 645 238 City Hall~ An-heim~ California - COUNCIL MINUTES - July 7, 1987, 1:30 P.M. AYES: COUNCIL MEMBERS: Ehrle, Hunter and Bay NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: Pickler The Mayor declared Resolution No. 87R-302 duly passed and adopted. 176: PUBLIC HEARING -ABANDONMENT NO. 87-9A: In accordance with application filed by Jerome R. Drukin, public hearing was held on proposed abandonment of a sewer easement for the proposed development of a parcel located on Walnut Street, north of Broadway. Report of the City Engineer dated May 29, 1987 was submitted recommending approval of said abandonment. Mayor Bay asked if anyone wished to address the Council; there being no response, he closed the public hearing. RESOLUTION NO. 87R-303: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A SEWER EASEMENT FOR THE PROPOSED DEVELOPMENT OF A PARCEL ON WALNUT STREET, NORTH OF BROADWAY. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood and Bay None Pickler The Mayor declared Resolution No. 87R-303 duly passed and adopted. 161: PUBLIC HEARING: A Joint public hearing with the Redevelopment Agency and Community Redevelopment Commission to consider a proposed Redevelopment Plan for the Katella Redevelopment Project Area and the Environmental Impact Report. Mayor Bay called the Anaheim City Council meeting to order, all members present with the exception of Councilman Pickler. (3:55 p.m.) Chaizman Bay called the Anaheim Redevelopment Agency to order, all members present with the exception of Councilman Pickler. (3:55 p.m.) Mayor Bay called the Community Redevelopment Commission to order. (3:55 p.m.) PRESENT: ABSENT: VACANCY: Dory, Martinez, Lirette, Berry, Rennet Anthony One Mayor Bay declared the public hearing open for the Anaheim City Council, Anaheim Redevelopment Agency and Community Redevelopment Commission. Mayor Bay made the following introductory remarks: 646 City Hall, Anaheim, California - COUNCIL MINUTES - July 7~ 1987~ 1:30 P'M' The purpose of this joint public hearing of the City Council, the Redevelopment Agency and the Community Redevelopment Commission is to consider the approval and adoption of the proposed Redevelopment Plan for the Katella Redevelopment Project Area and the Environmental Impact Report previously prepared for the Project, pursuant to the Community Redevelopment Law of the State of California. The proposed Redevelopment Plan, the Environmental Impact Report, and other related documents were prepared by the Anaheim Community Redevelopment Commission, as provided under the Community Redevelopment Law. The Mayor will chair the Joint hearing. This is the time and place set for such Joint Public Hearing as specified in the Notice of Joint Public Hearing published pursuant to the California Redevelopment Law. This is the time to comment on, or object to the Proposed Redevelopment Plan for the Katella Redevelopment Project Area and the certification of the Environmental Impact Report previously prepared for the Project, as well as to object to any of the proceedings taken in connection with this Plan and the EIR, including this hearing. Mr. Norman J. Priest presented the s-mm~ry of the proposed Redevelopment Plan and related information. He explained that the purpose of today's hearing is to consider the following Documents: (1) Staff report. (2) Proposed Redevelopment Plan for the Katella Redevelopment Project Area. (3) The Community Redevelopment Commission's Report to City Council on the Proposed Redevelopment Plan, including among other things: (a) The Environmental Impact Report prepared for the Project; (b) The report and recommendation of the Planning Commission; (c) The report and recommendation of the Katella Redevelopment Project Area Committee. Mr. Priest advised this project has been one year in planning. He summarized the history of its development and the appointment of the Project Area Committee on May 17, 1987. Mr. Priest explained that public notice was published in the Anaheim Bulletin on June 10, 17 and 24, 1987 and July 1, 1987. Because Staff was involved in some very complex fiscal review negotiations with the County and with other 647 236 City H~i~ A~heim, California - COUNCIL MINUTES - July 7, 1987, 1:30 P.M. taxing agencies, the mailing of notices to property owners was delayed until the last possible moment, and mail delivery was slow. Consequently some homeowners received notices only within the last few days. These notices mentioned, as the law requires, the potential use of eminent domain and once these words were sent out, they caused an excessive amount of concern from property owners within the project area. Mr. Priest thought it most productive to comment first on the 3-4 issues which were raised most often during his telephone conversations with residents, and which need clarification. 1. The Redevelopment Plan is a 35-year plan. The City would be guiding actions of the Agency over a long period of time, and not within a few months. 2. There is no land use in the Redevelopment Plan as proposed which does not already exist in the General Plan. 3. There is no proposal to buy up residential neighborhoods, since (a) there is no budget to accomplish this and (b) it would not make sense. The intent of the Plan in the residential areas is to work with private owners through use of loan programs to assist in maintaining and upgrading of properties. More directly the Plan will assist the City in having finances to perform its obligation to maintain public facilities such as sewers, storm drains, streets, sidewalks. Further this Plan does not intend to create extraordinary powers of eminent domain. Mr. Priest gave a brief description of the project, including the physical boundaries and estimated amounts of money to be spent~ He explained that the Anaheim City School District and Anaheim Union High School District would receive 7.32 percent and 6.25 percent respectively of the incremental amount of taxes received. At the conclusion of the presentation, Mr. Priest introduced an amendment to the Redevelopment Plan submitted for Council and Agency and Commission consideration this date. The amendment to Section 308 would add the following: Notwithstanding the foregoing, no property within the Project Area in residential use shall be acquired by the Agency by eminent domain, unless (a) it is for construction of a building, structure or facility to be publicly owned; or, (b)-l. the Agency finds that the property is dilapidated and is in need of substantial residential rehabilitation and (b)-2 offers the owner thereof an opportunity to enter into an owner participation agreement which identifies the measures to be taken; (b)-3 the owner fails to enter into within one year from date of such offer, or fails to satisfy the terms, conditions and obligations within the time established thereby. Mr. Priest concluded that the Project proposes and staff intends above all to work with the neighborhoods. He recommended approval of the project with the amendment outlined above. 648 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 7, 1987~ 1:30 P.M. Written Comments in Favor of the Proposed Project: Margaret E. Morrissey 1232 Laster Anaheim, Ca. 92802 Carolyn Sripathy Vice President/Manager Bank of America 2260 So. Harbor Blvd. Anaheim, Ca. 92802 Joel B. Rothman/General Mgr. Marriott Hotels/Resorts 700 West Convention Way Anaheim, Ca. 92802 Louis A. Laulhere - Proprietor LaVie en Rose 240 So. State College Blvd. Brea, Ca. 92621 Horace Heidt, Jr. Horace Heidt, Jr. Orchestra 14155 Magnolia Blvd., Ste #47 Sherman Oaks, Ca. 91423 John L. HiLl/General Manager Heritage Inn 333 East Imperial Highway Fullerton, Ca. 92635 George Colouris George Colouris Productions 501 North Brookhurst, Ste. #100 Anaheim, Ca. 92801 Mel. E. Miller Chairman of the Board Pacific Inland Bank 888 So. West Street Anaheim, Ca. 92802-1808 Eugene L. Saenger, Jr. Executive Vice President Wrather Corporation 270 North Canon Drive Beverly Hills, Ca. 90210 Michael A. Bullis President Disneyland Hotel 1150 West Cerritos Avenue Anaheim, Ca. 92802 William F. Snyder President Ana. Visitor & Convention Bureau 800 West Katella Avenue Anaheim, Ca. 92802 L.C. Smull Business Properties 17631 Fitch Irvine, Ca. 92713-9586 Peter. S. Rummell - President Disney Development Company 500 South Buena Vista Street Burbank, Ca. 91521 Written Comments Opposed to the Proposed Project: Janet Botula City of Anaheim Planning Dept. P.O. Box 3222 Anaheim, Ca. 92803 Dorothy C. Raus 1328 S. Claremont Anaheim, Ca. 92805 Margot E. Palmgren 1327 S. Hickory St. Anaheim, Ca. 92805 Alfred O. Long 846 S. Aspen Street Anaheim, Ca. 92805 649 234 City Hall, A~aheim~ California - COUNCIL MINUTES - July 7, 1987, 1:30 P.M. Mrs. Anna Haske 608 S. Kiama Street Anaheim, Ca. 92802 Roy & Frances Onishi 1922 Janette Lane Anaheim, Ca. 92802 William & Jean Lewis 600 Kiama Street Anaheim, Ca. 92802 Martette M. Selitrennikoff 1913 Janette Lane Anaheim, Ca. 92802 Five Signature Petition c/o 1415 Kimberly Lane Anaheim, Ca. 92802 David & Linda Rudawitz 1311 West Crone Avenue Anaheim, Ca. 92802 Richard L. Franck Attorney for Everest Electronics and Everest Engineered Plastics 333 S. Hope Street, 27th Floor Los Angeles, Ca. 90071-1488 George S. & Doris M. Hager 1211 West Chateau Avenue Anaheim, Ca. 92802 Tim & Michelle Knoch 1334 S. Margate Place Anaheim Ca. 92805 Ms. ThanhT. Tran 527 S. Dickel Street Anaheim, Ca. 92805 18-Signature Petition W of Walnut btwn Ball/Cerritos Anaheim, Ca. 92805 Ralph& Maureen Brito 1514 W. Trenton Place Anaheim, Ca. 92802 Do-Tzu Hoo & Shirley Hoo 2568 E. Riles Circle Anaheim, Ca. 92806 Donna R. Reitzel 626 Kiama Street Anaheim, Ca. 92802 Stanley & Marie Hillman 1421 Apollo Anaheim, Ca. Joseph R. Mindak 608 S. Kiama Street Anaheim, Ca. 92802 Jetti J. Anghelone 2231 S. Oertley Drive Anaheim, Ca. 92802 Herbert A. Clark 1908 Kathy Lane Anaheim, Ca. 92802 Burton Zoul P.O. Box 176 Tustin, Ca. 92681 Robert R. & Mary B. Love 2009 Jauette Lane Anaheim, Ca. 92802 Brian & Joanne Casteel 1343 S. Hampstead Anaheim, Ca. 92802 Annette K. Tofield 1421 Colonial Anaheim, Ca. 92802 8-Property Owner Petition 1416 Beacon Avenue Anaheim, Ca. 92802 Fred J. Michalson 2042 Gail Lane Anaheim Ca. 92802 Charles Boyer 1190 Locust Avenue Anaheim, Ca. 92802 Jose & Ngoc Resendez 2535 E. Riles Circle Anaheim, Ca. 92806 65~ 23 : Cit~ Hall, Anaheim~ California - COUNCIL MINUTES - July 7~ 1987, 1=30 P.M. Robert & Kathrine 2599 E. Riles Circle Anaheim, Ca. 92806 William S. Smolen 2543 Omega Avenue Anaheim, Ca. 92806 Ronald & Susana Mickels 2519 Riles Circle Anaheim, Ca. 92806 Sarah Gonzales 2534 Riles Circle Anaheim, Ca. 92806 Milton & Evelyn Milton 2512 Omega Avenue Anaheim, Ca. 92806 Briham & Shirley Sum 2562 E. Riles Circle Anaheim, Ca. 92806 Barbara & Robert Croft 2511 E. Omega Avenue Anaheim, Ca. 92806 Jane Robinson 1301 Care Street Anaheim, Ca. 92806 Cheryl Ann Mackay 2519 E. Omega Avenue Anaheim, Ca. 92806 William & Margarat Dieters 2535 E. Omega Avenue Anaheim, Ca. 92806 12-Signature Petition SinhV. Trinh Katella Redevelopment Neighborhood 2574 Riles Circle Anaheim, Ca. 92802 Anaheim, Ca. 92806 Lester & Wayne Gray 2551 E. Omega Avenue Anaheim, Ca. 92806 Irv& Jean Impens 2518 Riles Circle Anaheim, CA. 92806 Denise A. Freed 2531 E. Riles Circle Anaheim, Ca. 92806 Iguyen 2575 S. Riles Circle Anaheim, Ca. 92806 Harold L. Stancil 2539 E. Riles Circle Anaheim, Ca. 92806 67-Signature Petition Katella Redevelopment Project Anaheim CA Donna J. Reppert-Watson 1556 West Beacon Avenue Anaheim, Ca. 92802 222-Signature Petition From Harold E. Smith Temporary Spokesman 1402 Colonial Avenue Anaheim CA Oral Comments in Favor of the Proposed Project: Paul Bostwick Chairman of the Katella Project Area Committee 1411 South Anaheim Blvd. Anaheim, Ca. 92805 Robert Kuznik Member of the Business Community and President of the AnaheimChamber of Commerce 1016 East Katella Anaheim, Ca. 92802 651 City Hall, Anaheim, California - COUNCIL MINUTES - July 7, 1987, 1:30 P.M. Betty Tang 1355 Dallas Drive Owner of Condominiums at 1381 S. Walnut Anaheim, Ca. 92805 Joan Murphy 339 E. Cliffwood Anaheim, Ca. Ruth Moore 2528 E. Rios Anaheim, Ca. Questions concernin~ the Proposed Project: Mrs. Ronconi 1241 South Walnut Anaheim, Ca. Robert Porter 2047 Margie Lane Anaheim, Ca. Mike Palace 157 West Margate Drive Anaheim, Ca. Margot Pondquin Anaheim, Ca. Edwin Freeman 1838 Janette Lane Anaheim, Ca. Bill Edwards 1215 Laster Anaheim, Ca. Pamela Peralta 631 South Helena Anaheim, Ca. T. W. Burge 1381 So. Walnut/Condo #2902 Anaheim, Ca. Susan Kohler 555 So. Dickel Street Anaheim, Ca. Katherine Wry 531 S. Citron Anaheim, Ca. Evelyn Collins 882 S. Clementine Street Anaheim, Ca. Tom Roncevich 1537 West Minerva Avenue Anaheim, Ca. John Lenny Anaheim, Ca. William Culvert 2080 South Janette Lane Anaheim, Ca. Darlene Shelling Anaheim, Ca. Joan Schlund Anaheim, Ca. Rose Mae Williams Anaheim, Ca. Peter M. Lee 2374 Willowbrook Lane #7 Anaheim, Ca. William W. Lee Anaheim, Ca. Robert Perry 16065 Perry Heights Drive Riverside, Ca. 652 City Hall, An-heim~ California - COUNCIL MINUTES - July 7~ 1987~ 1:30 P.M. Peter Nance, Jr. 1112 Chateau Avenue Anaheim, Ca. Renee Escobar Triplex at Juno & Loara Anaheim, Ca. David Gnotta 2311 South Mira Court An-heim, Ca. Judy Coderre 232 West Simmons Anaheim, Ca. Gulab Kanal 625 South Harbor Anaheim, Ca. Sharon Freeman 1838 Janette Lane Anaheim, Ca. Carol Garrett 1423 West Laster Anaheim, Ca. Violet Hovakintan 1837 Jacalene Lane Anaheim, Ca. Jim Bollenbacher 2017 So. Margie Lane Anaheim, Ca. Joyce Tabris 1315 So. Walnut Street Anaheim, Ca. Clyde Schlund 616 Peralta Hills Drive Anaheim, Ca. Loretta Mormon 1883 South West Street Anaheim, Ca. Joseph Fiedler 325 Berry Avenue Anaheim, Ca. MarJorie Haley 1774 Heather Lane Anaheim, Ca. Bob Briggs 727 So. Harbor Blvd. Anaheim, Ca. Robert Hamilton 1517 West Lincoln Anaheim, Ca. Jerry Murphy City of Orange Joyce Yon Ploennies 1546 Beacon Street Anaheim, Ca. Van Forsythe 1170 Wakefield Anaheim, Ca. Shirley Pfieffer 822 South Helena Anaheim, Ca. LenAlexander Anaheim, Ca. Daniel Zermeno 1414 West Katella Avenue Anaheim, Ca. Shiow-Ing Lin 426 West Ball Road Anaheim, Ca. Mrs. William LeForge 1922Kathy Lane Anaheim, Ca. Bill Townsend 601 Corto Place Anaheim, Ca. Charles Smith 1927 South West Street Anaheim, Ca. 653 23O City Hall~ A~ahetm~ California - COUNCIL MINUTES - July 7~ 1987t 1:30 P.M. John Lenny 139 West Winston Anaheim, Ca. Tom Dougherty 216 Charlotte Anaheim, Ca. Mayor Bay noted that the City Council has taken quesions for 2-1/2 hours and all concerned now need some time to review these and prepare responses. By general consent the City Council, Anaheim Redevelopment Agency, and Community Redevelopment Commission recessed for a 15 minute break. (7:20 p.m.) After Recess, the City Council, Anaheim Redevelopment Agency and Community Redevelopment Commission were called to order by Mayor Bay (7:45 p.m.) Mayor Bay noted that the affected property owners had asked a number of very good questions which deserve to be answered. Due to the number of unanswered questions and the great amount of concern expressed by the area residents, in his opinion there was no way the City Council could make this decision this evening, consequently he intended to move to continue the public hearing for a minimum of 60 days. Prioz to making his motion, Mayor Bay requested that the citizens present carefully consider during this period of time, both the pros and cons of the Redevelopment Project, and the fact that without the project, local government will not be able to provide storm drains, underground electrical facilities or solve the traffic problems in their area. The Katella Project would provide funding for resolving some of these infrastructure problems, without increasing property taxes. Mayor Bay requested that each citizen who addressed the Council, Agency and Commission this date be sent a copy of the answers; and also that they be made available in each Branch Library throughout the City, together with the information on the Plan itself and the EIR. Mayor Bay offered each of the Council and Agency Members an opportunity to comment. Councilman Hunter thanked all those who attended for coming. He commented that whatever else you might say, government does work when you get involved, and encouraged the citizens to stay involved. Councilmember Ehrle voiced the opinion that all of the citizens had the right to be heard on this issue, and that he sensed their frustration over the poor communications on this project. He stated he would do all he could to make sure communications are more appropriate in the future. Councilwoman Kaywood noted that change does occur and the advantage of a Redevelopment Project is that it allows the City and citizens to assure the change will be a positive one. MOTIGN: On motion by Mayor Bay, seconded by Councilwoman Kaywood, the joint public hearing on the Katella Redevelopment Project was continued for a period of 60 days to September 8, 1987, at 7:00 p.m. (Councilman Pickler absent.) MOTION CARRIED. 654 22T City Hall~ Anahetm~ California - COUNCIL MINUTES - July 7~ 1987~ 1:30 P.M. ADJOURNMENT - COMMUNITY KEDEVELOPMENT COMMISSION: On motion by Commissioner Martinez, seconded by Commissioner Rennet, the Community Redevelopment Commission adjourned. MOTION CARRIED. (8:00 p.m.) ADJOURNMENT - ANAHEIM REDEVELOPMENT AGENCY: On motion by Commissioner Kaywood, seconded by Commissioner Hunter, the Anaheim Redevelopment Agency was adjourned. Commissioner Pickler was absent. MOTION CARRIED. (8:00 p.m.) RECESS: By general consent, the City Council recessed for five minutes to reconvene immediately thereafter in the City Council Chamber. MOTION CARRIED. (8:01 p.m.) AFTER RECESS: The Mayor reconvened the meeting, all Council Members being present with the exception of Councilman Pickler. (8:15 p.m.) 108: APPLICATION FOR TAXI SERIVCE - WEST COAST CAB: Application submitted by William R. Hart, Attorney representing West Coast Cab Company, for permit to operate a taxi service in Anaheim, was continued from the meeting of June 16, 1987. Reference was made to materials submitted by the law firm of Farano and Kieviet, Attorneys representing Yellow Cab Company of Northern Orange County, and Mayor Bay suggested that the Council might wish to refer subject application to a hearing officer to examine the large amount of evidence. City Attorney Jack White was of the opinion that the Council had the option to refer this matter to a hearing officer to hear testimony and make a final determination. Mayor Bay invited representatives of both the applicant and the opponents to present their arguments, pro and con, concerning the proposed assignment to a hearing officer. Mr. Daniel White, of Hart, King and Coldren, Attorneys, Santa Aha, representing West Coast Cab, expressed opposition to the referral, based on the potentially enormous costs involved. In his opinion, materials submitted with their application had presented prima facie evidence of need and necessity; further, Code requirements prerequisite to the establishment of a taxicab service in the City had been met. Mr. Floyd L. Farano, of Farano & Kieviet, Anaheim attorneys representing Yellow Cab Company of Northern Orange County, pointed out the complexity of the concept of public need and necessity. He noted there was considerable evidence to be considered in this matter, and he felt that West Coast Cab Company intended to request the Council to base its decision on uncorroborated evidence that would raise more questions than it would answer. Mr. Farano called attention to the poor service performance of another taxicab company which received permission to operate in Anaheim in the past and the question now was not should another service be allowed to operate here but would West Coast Cab Company be the company that could provide good, legitimate service. The only fair way to make that determination was to 655 228 City Hall~ Anaheim, California - COUNCIL MINUTES - July 7, 1987, 1:30 P.M. examine all of the facts, and Yellow Cab Company was prepared to pay the full cost of referring the application to a hearing officer. Mr. White expressed concern that it would cause a delay in initiating their service while awaiting assignment of a hearing officer and a date. He failed to see the basis for the hearing, inasmuch as the City staff stated the applicant had satisfied all Code requirements. Code Enforcement Officer John Poole confirmed for the record that approval of subject application had been recommended in his Staff Report. Mayor Bay and Councilman Ehrle both stated they were not opposed to the appli, cation or to competition of taxicab services within the City, but they felt the facts should be brought out in order to determine whether West Coast Cab was the appropriate company to provide the service. MOTION: Councilman Bay moved that the application by West Coast Cab Company be referred to a hearing officer, all criteria to be examined at the time of that hearing. Councilman Hunter seconded the motion. MOTION CARRIED. 149/142: PROPOSED ORDINANCE RELATING TO BUSSES: Proposed addition of Section 14.32.070 of the Code relating to operation of busses loading and unloading passengers, stopping or standing in a through traffic lane intended for the use of vehicular traffic, was continued from the meeting of June 9, 1987, to allow staff to meet with bus companies to work out a feasible plan to solve the problems involved and discussed at the meeting. The City Engineer submitted report dated June 29, 1987, together with minutes of a meeting held on June 25, 1987, with several bus carriers and motel/hotel owners where many objections to the proposed ordinance were expressed. The outcome of said meeting was the appointment of a Bus Task Force which will further investigate and make recommendations to the committee for the establishment of bus loading and unloading zones on streets wherever possible, and on private property when practical in order to accommodate as much as possible the movement of traffic on the affected arterial streets. It was moved by Councilwoman Kaywood, seconded by Councilman Bay, that staff be directed to continue working with the Bus Task Force and bring back recommendations within 45 days. Councilman Pickler was absent. MOTION 179: ORDINANCE NO. 4847: Councilman Bay offered Ordinance No. 4847 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4847: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIMMUNICIPAL CODE RELATING TO ZONING. (Amending Title 18, Reclass. 86-87-25, RM-1200, 527 No. Magnolia Avenue) Roll Call Vote: 656 City Hall~ Anaheim, California - COUNCIL MINUTES - July 7~ 1987~ 1:30 P.M. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood and Bay None Pickler The Mayor declared Ordinance No. 4847 duly passed and adopted. 179: ORDINANCE NO. 4848: Councilwoman Kaywood offered Ordinance No. 4848 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4848: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIMMUNICIPAL CODE RELATING TO ZONING. (Amending Title 18, Reclass. 84-85-42, CL, 1570 West Katella Avenue) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood and Bay None Pickler The Mayor declared Ordinance No. 4848 duly passed and adopted. 108/179/142: ORDINANCE NO. 4849: Councilman Bay offered Ordinance No. 4849 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4849: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.02.052 OF CHAPTER 18.02 AND SECTION 18.84 .038 OF CHAPTER 18.84 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO HOME OCCUPATION AND TREE PRESERVATION, RESPECTIVELY. Roll Call Vote: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pickler The Mayor declared Ordinance No. 4849 duly passed and adopted. 124/101/142: ORDINANCE NO. 4850: Councilman Bay offered Ordinance No. 4850 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4850: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 1.04.110 OF CHAPTER 1.04 OF TITLE 1 OF THE ANAHEIMMUNICIPAL CODE R~I.~TING TO OFFICERS AND DEPARTMENTS. (creating separate departments of Convention Center Department and Stadium Department) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood and Bay None Pickler The Mayor declared Ordinance No. 4850 duly passed and adopted. 657 Ctt7 Hall~ Anaheim~ California - COUNCIL MINUTES - July 7~ 1987~ 1:30 P.M. BROWN ACT PROVISION: On motion by Councilwoman Kaywood, seconded by Councilman Bays the Anaheim City Council determined that the need to act on the followinE two items (Ordinance Nos. 4851 and 4852) arose after the postinE of the agenda for this meetings on Friday July 3s 1987 at 1:00 p.m.; and consequently waived the 72-hour Brown Act requirement relative to posting the item on the printed agenda. Councilman Pickler was absent. MOTION CARRIED. 179: ORDINANCE NOS. 4851 AND 4852: Councilman Ehrle offered Ordinance Nos. 4851 and 4852 for first reading. ORDINANCE NO. 4851: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18, Reclass. 79-80-25 (17)) ORDINANCE NO. 4852: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFFAiRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18, Reclass. 79-80-25 (18)) ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. RECESS - CLOSED SESSION: On motion by Councilman Bays seconded by Councilwoman Kaywoods the Council recessed into Closed Session. (9:05 p.m.) ADJOURNMENT: Councilman Hunter moved to recess to July 14, 1987 at 10:00 a.m. Councilman Ehrle seconded the motion. Councilman Pickler was absent. MOTION CARRIED. (9:35 p.m.) LEONORAN. SOHL, CITY CLERK 658