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1985/10/22147 City Hall, Anaheim~ California - COUNCIL MINUTES - October 22~ 1985, 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth COUNCIL MEMBERS: None CITY MANAGER: William 0. Talley CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl CITY ENGINEER: Gary E. Johnson EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT/PLANNING: Norman J. Priest ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti SERGEANT POLICE NVOC BUREAU: James Brantley Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Father John Lenihan, St. Boniface Catholic Church, gave the Invocation. FLAG SALUTE: Council Member E. Llewelyn Overholt, Jr. led the assembly in the Pledge of Allegiance to the Flag. 119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was unanimously adopted by the City Council to be presented to the Braille Institute on the dedication of New Educational Center of Orange County. PRESENTATIONS - 25, 30 AND 35 YEAR CITY 0FANAHEIM EMPLOYEE SERVICE AWARDS: The following employees were presented with Service Awards by Mayor Roth and each were individually congratulated by the Council for their long and dedicated years of service to Anaheim; 35 YEAR CITY SERVICE AWARD Harley Hesse, Building Div. Mr. Hesse was recognized not only for his service to Anaheim, but also the fact that Electrical contractors and inspectors from neighboring cities and Code Committees throughout the State of California looked to Mr. Hesse for guidance. 30 YEAR CITY SERVICE AWARDS Dale Wilcox, Police Dept. Marvin Bushnell, Water Engineering Ben Lamas, Parks Div. Neils "Tex" Nelson, Elect. Eng. 782 148 City Hall, Anaheim~ California - COUNCIL MINUTES - October 22~ 1985, 10:00 A.M. 25 YEAR CITY SERVICE AWARDS Grace Field, Police Louis Molina, Police James Thalman, Police Richard Welty, Police Billie Wright, Police Gary Braaten, Fire * James Busktrk, Fire * Ronaid Evans, Fire Charles Kanenbley, Fire Leroy Tadeja, Fire * Thomas Vandiver, Fire Arthur Daw, Engineering Robert Jones, Engineering * Jerry Crum, Parks Div. George Kinney, Parks Div. David Watkins, Streets & San. * Richard Wheeler, Streets & San. * William White, Fac. Maint. Leslie Covey, Fleet Maint. John Baker, Power Resources William Cosentino, Water Field * Clyde Lowe, Water Field * Edward Dumon, Utilities John Malott, Utilities * Richard Armand, Electrical Charles Munson, Engineering *Unable to be present. Mayor Roth presented City Manager William Tailey with a 10-year Service Award. The above awards represented a total of 815 years of service to the City of Anaheim. MINUTES: Councilman Pickler moved to approve the minutes of the regular meeting held October 1, 1985. Councilwoman Kaywood seconded the motion. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood 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 all 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 Bay seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,206,549.33, in accordance with the 1985-86 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilwoman Kaywood, 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 Pickler offered Resolution Nos. 85R-451 through 85R-455, both inclusive, for adoption. Refer to Resolution Book. Councilman Pickler offered Ordinance Nos. 4662 and 4663 for first reading. 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 Jennifer and MItchell Bernstein for bodily injury sustained purportedly due to actions of the City on or about May 23, 1985. 783 145 City Hall, Anaheim, California - COUNCIL MINUTES - October 22~ 1985, 10:00 A.M. b. Claim submitted by Rich and Elliott Will for bodily injury sustained purportedly due to actions of the City on or about June 22, 1985 through June 28, 1985. c. Claim submitted by Dolores Navarro for property loss sustained purportedly due to actions of the City on or about June 22, 1985 through June 28, 1985. d. Claim submitted by Betty Home for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985 through June 28, 1985. e. Claim submitted by Joanne C. Morris for personal injuries sustained purportedly due to actions of the City on or about June 24, 1985 and June 25, 1985. f. Claim submitted by Trefz Printing Company for damages sustained purportedly due to actions of the City on or about June 22, 1985 through June 25, 1985. g. Claim submitted by American Reliable Die Co., Inc. for damages sustained purportedly due to actions of the City on or about June 24, 1985 and June 25, 1985. h. Claim submitte~ by John C. Putz for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985 through June 28, 1985. i. Claim submitted on behalf of Jamie K. Miller (daughter), by Mr. & Mrs. James A Miller, for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985. j. Claim submitted by Shelley Jean Odom for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985 through June 28, 1985. k. Claim submitted by Toga Electronics, Inc./Phoenicia Travel/D.I. Plastics for damages sustained purportedly due to actions of the City on or about June 22, 1985. 1. Claim submitted by Leonard W. & Edith Bout for personal injuries sustained purportedly due to actions of the City on or about June 24, 1985. m. Claim submitted by Arturo V. Solano for personal injuries sustained purportedly due to actions of the City on or about June 20, 1985. n. Claim submitted by Dorothy M. Torba for personal injuries sustained purportedly due to actions of the City on or about June 23, 1985. o. Claim submitted by Anderson Carmona for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985 through June 28, 1985. · 784 146 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 22~ 1985, !0:00 A.M. p. Claim submitted by Hermino Carmona for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985 through June 28, 1985. q. Claim submitted by Marisol Carmona for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985 through June 28, 1985. r. Claim submitted by Sara Carmona for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985 through June 28, 1985. s. Claim submitted by Amanda C. Drzanek and Frederick Drzanek for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985 through June 28, 1985. t. Claim submitted by Ellen L. Kodyra for personal injuries sustained purportedly due to actions of the City on or about June 24, 1985. u. Claim submitted by Gary and Debbie Garvin for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985 through June 28, 1985. v. Claim submitted by Michael Milhoan for property damage sustained purportedly due to actions of the City on or about August 21, 1985. w. Claim submitted by Barbara Allison Johnson for property damage sustained purportedly due to actions of the City on or about August 30, 1985. x. Claim submitted by Ralph Robles et al. for personal injury sustained purportedly due to actions of the City on or about June 22, 1985. y. Claim submitted by Frederick Duperron for property damage sustained purportedly due to actions of the City on or about June 5, 1985. z. Claim submitted by Linda Camacho for personal injury sustained purportedly due to actions of the City on or about July 21, 1985. aa. Claim submitted by Bruce Sealy for property damage sustained purportedly due to actions of the City on or about August 18, 1985. bb. Claim submitted by Dixie Spear for for personal injury sustained purportedly due to actions of the City on or about July 4, 1985. cc. Claim submitted by Pacific National Insurance Company for property damage sustained purportedly due to actions of the City on or about June 10, 1985. dd. Claim submitted by Charles Henderson for personal injuries sustained purportedly due to actions of the City on or about June 22, 1985 through June 28, 1985. 785 ~it~ Hall, Anaheim~ California - COUNCIL MINUTES - October 22, 1985, 10:00 A.M. Claim filed against the City - recommended to be accepted: dd. Claim submitted by Anthony J. DeCurtins for property damage sustained due to actions of the City on or about August 19, 1985. 2. Receiving and filing the following correspondence: (on file) a. 107: Planning Department, Building Division--Monthly Report for September 1985. b. 105: c. 105: d. 105: e. 105: f. 105: Senior Citizens Commission--Minutes for September 12, 1985. Community Services Board--Minutes of September 12, 1985. Public Utilities Board--Minutes of September 24, 1985. Community Redevelopment Commission--Minutes of October 2, 1985. Project Area Committee--Minutes of September 10 and 24, 1985. 3. 153: Authorizing the addition of the Health Plan of America and the Blue Shield Preferred Plan as health plan options for City employees to be available during the annual November open enrollment period. 4. 153: Approving the 1986 Health & Welfare plan rates and authorizing the Human Resources Director to sign all documents therefor. 5. 153/152: Authorizing the Benefits & Information Manager to approve ancillary administrative charges associated with the City Comprehensive Medical Plan. 6. 123: Authorizing the Sublease Agreement with the North Orange County Community College District at a rental rate of ~12,914.92 for September 21, 1985 to January 14, 1986 and $14,613.12 from January 15, 1986 to January 14, 1987, for use of space at the Trident Community Center. 7. 123: Authorizing an amendment to the Sublease Agreement dated March 16s 1982 with North Orange County Community College Di~trtct, changing the termination date to January 14, 1987 to agree with the master lease agreement. 8. i23: Authorizing the First Amendment to a Sublease Agreement with the Center for Employment Training for Orange County, for the use of certain office and classroom space at Trident Junior High School for the purpose of conducting various vocational and training programs, decreasing the space rented and the annual rent for the terms September 21, 1985 to January 14, 1986 to $35,020.80 and from January 15 1986 to January 14 1987 to $36,772.04. ' ' ' 9. 123/150: Authorizing an agreement withAnaheim Union High School District, to jointly finance the Park Ranger Program for the term September 14, 1985 until June 30, 1986. 786 144 City Hall, Anaheim, California - COUNCIL MINUTES - October 22, 1985~ 10:00 A.M. 10. 123: Authorizing an Arterial Highway Financing Program Project Administration Agreement with the County of Orange for AHFP No. 1131 and AHFP No. 1160 at a cost to the City of $450,000 and ~700,000 respectively with matching E.M.A. contributions for the first two years of the project to widen Anaheim Boulevard from Cypress Street to Lemon Street. 11. 170/123: Approving the assignment of special facilities Reimbursement Agreement (pumps and reservoirs) previously reassigned from Chaparrall to Municicorp of California to Ralph and Linda Kaffel, relating to Tract No. 10617 in the Anaheim Hills area. 12. 170/123: Approving the assignment of special facilities (pumps and reservoirs) Reimbursement Agreements with Robin Hill Development Company to Municicorp of California, relating to Tract Nos. 10407 and 10410 in the Anaheim Hills area. 13. 153: Authorizing the Human Resources Department to solicit proposals for temporary help services and to implement the seventh year of the outside agency temporary help program. 14. 179: Initiating proceedings to reclassify property on the east side of Claudina Street between Cypress Street and Lincoln Avenue from CG to RM-1200 zoning to conform with the City's General Plan and the Redevelopment Plan for Project Alpha. 15. 175: Authorizing Change Order No. i to the contract with Advanco Constructors, Inc., in the amount of $114,967 for changes and modifications for the Site Improvements on Well Nos. 40 and 41, Account Nos. 53-619-6329-90280 and 53-619-6329-90310. 16. 160: Accepting the low bid of Pacific Envelope Company in the amount of $20,267.20 for Utility bill envelopes, in accordance with Bid No. 4277. 17. 164: RESOLUTION NO. 85R-451: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PI~T, I2kBOR, SERVICES, M_~TERIA~S A/qD EQUIP~IENT ~ND ~ UTILITIES TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: PALM STREET/MIDWAY DRIVE DRAINACE IMPROVEMENTS IN THE CITY OF ANAHEIM. (Accepting the completion of construction of Palm Street/Midway Drive Drainage Improvements, Account No. 26-791-6325-E1380, Nobest, Inc., contractor, and authorizing filing of the Notice of Completion therefor) 18. 175: RESOLUTION NO. 85R-452: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETIONAND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: CONSTRUCTION OF SITE IMPROVEMENTS OF WELL SITES 40 AND 41. (Accepting the completion of construction of Site Improvements on Wells 40 and 41, Account Nos. 53-619-6329-02360 and 53-619-6329-02367, Advanco Construction, Inc., contractor, and authorizing filing of the Notice of Completion therefor) 787 141 City Hall, Anaheim~ California - COUNCIL MINUTES - October 22~ 1985, 10:00 A.M. 19. 123/136: RESOLUTION NO. 85R-453: A RESOLUTION CONCERNING THE CITY'S EXERCISE OF AN OPTION TO PURCHASE A CERTAIN HOSPITAL FACILITY FROM MARTIN LUTHER HOSPITAL. (Approving a refunding bond issue and exercise option to purchase and transfer title to the property on which the Martin Luther Hospital Medical Center is located to the California Health Facilities Financing Authority and authorizing the Mayor or City Manager to execute the documents relating to the transaction) Approving a loan agreement with Martin Luther Hospital and Lutheran Hospital Society of Southern California. 20. 176: RESOLUTION NO. 85R-454: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (84-23A) (Declaring intent to abandon unused utility easements between Orangethorpe Avenue and La Palma Avenue, west of Kellogg Drive and east of Manassero Street, Aban. 84-23A, and setting a date for the public hearing therefor, suggested date: November 12, 1985, 1:30 p.m.) 21. 158: RESOLUTION NO. 85R-455: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A CERTAIN DEED AND ORDERING ITS RECORDATION. 22. 130: Approving Stores Cable Television's request for consent to a proposed merger with KKR Associates, an investment firm, in accordance with requirements of Ordinance No. 4087. ORDINANCE NO. 4662: AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM CONSENTING TO THE TRANSFER OF CONTROL OR OWNERSHIP OF VOTING STOCK IN STORER CABLE TV, INC. 23. 149/142: ORDINANCE NO. 4663: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE TO PROHIBIT PARKING ON HELENA STREET. Roll Call Vote on Resolution Nos. 85R-451 through 85R-455: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth Nome None The Mayor declared Resolution Nos. 85R-451 through 85R-455, both inclusive, duly passed and adopted. End of Consent Calendar. MOTION CARRIED. 123: EUCLID STREET - LINCOLN AVENUE STREET IMPROVEMENT - ENGAGEMENT OF ENGINEERING CONSULTING FIRM: Mr. Gus Bode, 726 North East Street, posed questions relative to the need for consultants which were answered by City Engineer Gary Johnson. MOTION: Councilman Roth moved to waive Council Policy No. 401 and authorized an agreement with Engineering Computer Corporation in an amount not to exceed $65,000, to provide traffic engineering consultant services in connection with 788 14 Z City Hall, Anaheim~ California - COUNCIL MINUTES - October 22~ 1985, 10:00 A.M. the Euclid Street - Lincoln Avenue street improvement, as recommended in memorandum dated September 20, 1985 from the City Engineer. Councilman Pickler seconded the motion. MOTION CARRIED. 123: AMENDMENT TO TRAFFIC SIGNAL MAINTENANCE AGREEMENT WITH SIGNAL MAINTENANCE INC.: Mr. Gus Bode commented on the proposed amendment. MOTION: Councilman Roth moved to authorize a First Amendment to the Traffic Signal Maintenance Agreement with Traffic Signal Maintenance, Inc. to increase the monthly maintenance charges by $14.40 per signal to cover additional insurance costs, as recommended in memorandum dated October 9, 1985 from the City Engineer. Councilman Pickier seconded the motion. MOTION CARRIED. 175/123: AMENDMENT NO. 3 REVOLVING CREDIT AGReeMENT WITH BANK OF AMERICA: Councilman Pickler offered Resolution No. 85R-456 for adoption, approving as to form Amendment No. 3 to that certain revolving credit agreement with the Bank of America National Trust and Savings Association dated June 1, 1983, as recommended in memorandum dated October 15, 1985 from the Secretary of the Public Utilities Board. Refer to Resolution Book. RESOLUTION NO. 85R-456: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA APPROVING THE FORM OF AMENDMENT NO. 3 TO THAT CERTAIN REVOLVING CREDIT AGREEMENT BY AND BETWEEN CITY OF ANAHEIM AND BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION DATED JUNE 1, 1983. (AS HERETOFORE AMENDED) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Resolution No. 85R-456 duly passed and adopted· 105: PROJECT AREA COMMITTEE: Appointment to fill the term vacated by the resignation of Dr. Warren Hollingsworth. Councilwoman Kaywood nominated Joy Smith to the Project Area Committee (PAC) to file the term vacated by the resignation of Dr. Warren Hoillngsworth, as recommended by the Committee. Councilman Pickler seconded the nomination. Councilman Bay moved to close nominations. Councilwoman Kaywood seconded the motion. Before voting and formalizing the appointment, Councilman Bay noted from reading the PAC minutes of September 10, 1985 that Ms. Smith would qualify to be a member of the Committee if she represented Anaheim Museum Inc. He wanted to know if a letter had been received from Anaheim Museum stating that they wanted Ms. Smith to represent them; City Clerk Sohl answered "no." Councilman Overholt moved to continue the motion on the floor for one week pending receipt of a letter from Anaheim Museum Inc. confirming that they · 789 City Hall~ Anaheim, California - COUNCIL MINUTES - October 22~ 1985, 10:00 A.M. wished Ms. Smith to represent them thereby qualifying her for appointment. Councilman Bay seconded the motion. MOTION CARRIED. 105: MOTHER COLONY HOUSE ADVISORY BOARD: To discuss terms, membership and vacancies on the Mother Colony House Advisory Board. This matter was continued from the meetings of August 6, 13 and 20, 1985 and September 10, 1985, to this date. Councilman Overholt moved to table the matter to a future date. Councilman Pickler seconded the motion. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held September 30, 1985, pertaining to the following applications were submitted for City Council information. 1. RECLASSIFICATION NO. 85-86-3: Submitted by D & D Development, for a change in zone from RS-A-43,000 to RM-3000, to construct a 99-unit condominium subdivision on property located on the south side of Lincoln Avenue, east of Rio Vista Street. The City Planning Commission, pursuant to Resolution No. PC85-212, granted Reclassification No. 85-86-3, and previously certified EIR No. 259. 2. CONDITIONAL USE PEP~LIT NO. 2721: Submitted by Lederer-Anaheim, LTC., (Vineyard Christian Fellowship), to permit the expansion of a church on ML zoned property located at 333 East Cerritos Avenue, with Code waiver of minimum number of parking spaces. The applicant withdrew his application. 3. CONDITIONAL USE PERMIT NO. 2720: Submitted by Corporation of the President of Jesus Christ of Latter-Day Saints, to construct a 179-unit senior citizens' retirement facility and a 99-bed skilled nursing facility on CL zoned property located on the north side of Medical Center Drive, west of Euclid Street, with Code waiver of required lot frontage. The City Planning Commission, pursuant to Resolution No. PC85-216, granted Conditional Use Permit No. 2720, and granted a negative declaration status. 4. CONDITIONAL USE PERMIT NO. 2722: Submitted by BR Properties Limited Partnership, to permit a 3-story, 41-foot high commercial office building on CL(SC) zoned property located at the northwest corner of Santa Aha Canyon Road and Riverview Drive, with the following Code waivers: (a) minimum structural setback, (b) minimum landscaped setback. The City Planning Commission, pursuant to Resolution No. PC85-217, granted Conditional Use Permit No. 2722, and granted a negative declaration status. 5. VARIANCE NO. 3508: Submitted by Santiago D. and Salvador D. Duenas, to construct a second attached dwelling to create a duplex on RM-1200 zoned property located at 519 East Adele Street, with Code waiver of minimum side yard setbacks. . 790 140 City Hall~ Anaheim, California - COUNCIL MINUTES - October 22~ 1985, 10:00 A.M. The City Planning Commission, pursuant to Resolution No. PC85-218, granted Variance No. 3508, and ratified the Planning Director's categorical exemption determination. (Class 05) 6. RECLASSIFICATION NO. 85-86-6 AND VARIANCE NO. 3510: Submitted by Elaine L. Burtch, for a change in zone from RS-A-43,000 to RM-1200, to construct a 15-unit affordable apartment complex on property located at 320 West Vermont Avenue, with the following Code waivers: (a) minimum building site area, (b) maximum structural height. The City Planning Commission, pursuant to Resolution No. PC85-219 and 220, granted Reclassification No. 85-86-6 and Variance No. 3510, and granted a negative declaration status. 7. VARIANCE NO. 3504: Submitted by Gray S. and Paula S. Kilmer, to construct a 19-unit affordable apartment complex on RM-1200 zoned property located at 220 and 224 North Olive Street, with the following Code waivers: (a) minimum building site area per dwelling unit, (b) maximum structural height, (c) maximum site coverage, (d) minimum floor area, (denied) (e) minimum structural setback, (denied). The City Planning Commission, pursuant to Resolution No. PC85-211, granted in part, Variance No. 3504, and granted a negative declaration status. Councilwoman Kaywood requested a review of the City Planning Commission's decision and, therefore, a public hearing would be set at a later date. End of Planning Commission Information Items. MOTION CARRIED. 162/i42: REQUEST TO CONSIDER ORDINANCE RELATING TO SMOKING IN PUBLIC PLACES: City Clerk Sohl announced that Mr. Ken Smith who made the subject request notified her office by telephone that he was unable to attend the Council meeting today to make his presentation and requested an indefinite continuance on the matter. She noted also that a request had been received by another agency asking that the matter be discussed at the Council meeting of November 12, 1985. Councilman 0verholt noted that the original requestor was Mr. Smith and the Council was willing to hear him today. The matter should be dropped at this time until Mr. Smith again, or someone else, requests a time on the agenda relating to the issue. There was no action taken by the Council. 177: HOUSING STRATEGY FOR THE CITY OF ANAHEIM: Discussion of the Housing Strategy for the City of Anaheim submitted by Caine Gressel Midgley Slater Inc., dated April 30, 1985. This matter was continued from the meeting of September 10, 1985, to this date. Norm Priest, Director of Planning/Community Development, briefed his report of October 16, 1985, again recommending that the Council approve the Housing Strategy for the City of Anaheim. The report was an addendum to the initial 791 137 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 22, 1985, 10:00 A.M. report dated August 30, 1985 which provided additional information requested by the Council at the meeting of September 10, 1985 (see minutes that date). Councilman Bay felt in any case it was time that the conceptual plans for Project Alpha along Lincoln Avenue, and also to the south and the north, be reviewed relative to what was planned for large housing projects within that plan aimed at serving not only senior citizens but also people who would eventually make up a large percentage of the work force in the CO and hotel development areas. It would be easy to spend 20 percent of the future tax increment in the project area if plans were the same as the last time he reviewed them. He wanted to be sure there was no drain from Redevelopment increment monies to start building housing projects elsewhere in the City not contiguous to the downtown project area or the North East Industrial Area. He wanted to see the money targeted on housing in or close to the project areas so that it directly serves those project areas. Mr. Priest explained that was why he asked Legal Counsel to look into the matter because he did not want that drain to occur since there was an obligation to carry out project Alpha. They did give attention to the areas inside the project and utilization of the funds was not necessarily restricted to construction of new housing projects but to rehabilitation of existing units as well. MOTION: Councilman Pickler moved to approve the Housing Strategy for the City of Anaheim dated April 30, 1985 as submitted by Caine Gressel Midgley Slater Inc. under memorandum dated August 30, 1985 from the Assistant Executive Director of Community Development. Councilman 0verholt seconded the motion. Councilman Bay voted no. MOTION CARRIED. 179: ORDINANCE NOS. 4659 THROUGH 4661: Councilman Bay offered Ordinance Nos. 4659 through 4661, both inclusive, for adoption. Refer to Ordinance Book. ORDINANCE NO. 4659: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE R~TATING TO ZONING. (Amending Title 18, Reclass. 66-67-64(15), ML(SC), 4501 East La Palma) ORDINANCE NO. 4660: AN ORDINANCE OF THE CITY OF ANAHEIMAMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18, Recla~s. 84-85-9, RM-1200, 2170 South Harbor Blvd) ORDINANCE NO. 4661: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODERETATING TO ZONING. (Amending Title 18, Reclass. 82-83-2, CL, 1200 South State College Blvd) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth None None The Mayor declared Ordinance Nos. 4659 through 4661, both inclusive, duly passed and adopted. 792 138 City Hall, Anaheim~ California - COUNCIL MINUTES - October 22~ 1985, 10:00 A.M. 114/144: FOOTHILL AND EASTERN CORRIDOR PROGRAM: Councilman Bay reported on the meeting he attended with Joel Fick, Assistant Director for Planning in the City of Orange on the subject program. In view of the problems that have arisen in the City of Irvine with pending litigation, that City was concerned with adding a clause to the Joint Powers Authority (JPA) agreement to allow involuntary withdrawal from the JPA should an agency be forced to withdraw by circumstances beyond their control. By an unofficial poll of the cities involved, it was agreed the attorneys for the JPA would devise a clause to be added to the agreement with the idea that it would waive the fees or four years of fees that would have to be paid on a normal withdrawal. If an abnormal withdrawal, the penalties would be those monies already invested that would not be refunded. Anaheim supported that concept but it had not yet been voted on by those Councils who were members of the JPA. REQUEST FOR CLOSED SESSION: Mayor Roth announced that a Closed Session would be held to confer with the City's Attorney on the following: a. Pending litigation pursuant to Government Code Section 54956.9(a). b. Pending litigation pursuant to Government Code Section 54956.9(b)1. c. Labor relations matters pursuant to Government Code Section 54957.6. Councilman Roth moved to recess into Closed Session and a lunch break. Councilman Bay seconded the motion. MOTION CARRIED. (11:07 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:42 p.m.) 179: CONSIDERATION OF ORDINANCE PROHIBITING SALE OF ALCOHOLIC BEVERAGES WITH THE SALE OF GASOLINE: Request by the City Planning Commission for the Council to consider an ordinance prohibiting the sale of alcoholic beverages in conjunction with the sale of gasoline, and also to eliminate the existing permits over an acceptable amortization period. This matter was continued from the meetings of July 30, and September 10, 1985, to this date. PUBLIC DISCUSSION: Herb Eggett, 904 South Bruce Street. He is against any ordinance that would restrict the sale of gasoline at convenience stores. The former installation of gas pumps at a convenience store near his home over four years ago is a great convenience to him and to his neighbors. More gasoline outlets are necessary and not less. Restricting convenience stores from selling gas is not the answer to the drunk driving problem. Beer, wine and alcohol can be purchased in all markets as well as liquor stores. Van Tarver, Thrifty Oil Company, 1000 Lakewood Blvd. Downey. (See letter dated July 29, 1985 from Mr. Tarver relative to a specific CUP (No. 2696) which contained many of the main points 793 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 22~ 1985, 10:00 A.M. he outline in his presentation attached to which were enclosures providing facts regarding the sale of alcoholic beverages in convenience food stores that sell gasoline). He is asking the Council to vote to continue the common-site sale of gasoline and alcohol. His company favors strict penalties for drunk driving, strong law enforcement and more education. Measures are being taken by the industry to solve the problem of drunk driving. (He elaborated on the steps being taken and his presentation was supplemented by slides). He urged continuance of the present CUP process and to not allow the emotions of the issue to make their industry the symbolic scapegoat. The Executive Board, California State Coordinating Committee of MADD (Mothers Against Drunk Driving) on October 12, 1985 voted to reverse its prior position on the common-site sale issue and not to oppose the common-site sale of alcohol and gasoline but to work with the industry to continue the training and education process to help solve drunk driving. The organization will make a specific statement shortly regarding the issue. Colleen Ballas, 414 Torrey Pines Circle, representing the Alcohol Advisory Board of Orange County. (See report received October 10, 1985 - report on the issue of concurrent sales of alcohol and gasoline submitted to the Planning Division by the Orange County Alcohol Advisory Board which contained many of the statistics and major points outlined in Mrs. Ballas's presentation). The Alcohol Advisory Board objects to the licensing of outlets which sell both gasoline and alcohol on the grounds they provide a mixed message about drinking and driving which make it more convenient for people to buy and consume alcoholic beverages in their vehicle increasing the incidents of alcohol-related offenses. The Board is concerned about many issues regarding alcohol, not Just drunk driving. Marketing practices promote impulse buying. Ads for beer and wine are either on gas pumps or the entire store window is devoted to advertising "cold beer". Alcohol is readily available in Orange County which has the distinction of having the seconded largest number of outlets in the State. The potential of abuse outweighs any positive contribution to the community. Dawn Ahart, 2937 East Roberts, Orange, Chairman, CASA, (Community Against Substance Abuse). Her viewpoint involves the youth of the community. Alcohol is the most used drug in the United States and Orange County is a leader in the field of alcohol consumption and drug use. The more done to make alcohol available to people, especially the youth, the more likely they are to use it. Passing the prohibiting ordinance as recommended by the Planning Commission will cut down on the opportunity especially for the youth of the community. The chances for youth getting alcohol in these establishments is much greater than in other outlets. She urged adoption of the requested ordinance. 794 186 City Hall, Anaheim, California - COUNCIL MINUTES - October 22, 1985, 10:00 A.M. Carolyn Plettinck, 1650 West Cerritos, concerned parent and a PTA advocate for children and representative for the Anaheim City Schools as the District Safety person. She read a prepared statement which related statistics relative to accidents and suicides being the most common and frequent cause of death in teenagers. Sixty to 70 percent of those deaths involved alcohol. Teenage alcoholism is a serious problem. She urged the ban of alcohol sales at convenience markets to help curtail the problem and help save lives. Dan Davis, Atlantic Richfield (Arco), 17315 Studebaker Road, Cerritos. (See documentation submitted by David E. Boyd, Director State and Local Government Relations, Arco - letter dated October 16, 1985 as well as internal correspondence from D. A. Davis of Arco to Mr. Boyd dated May 13, 1985 which contained statistics and the main points of Mr. Davis's presentation to the Council) As a responsible business within the community, Arco favors stiffer penalties, stronger law enforcement and more public education relative to the increasing drunk driving problem. He then briefed the basics of Arco's two-week mandatory training school/alcohol awareness program. The program is being reviewed by M.A.D.D. hopefully with their endorsement. The issue is an emotiona~ one but the facts outweigh the emotional side of the issue. Arco favors and supports the CUP process. Relative to the guidelines submitted to the City of Los Angeles, those were Arco's suggestions to that Council which they support as a means of control in the City of Anaheim as well as Los Angeles. He would abide by those conditions which were also adopted by the City of Westminster including the 1200 square-foot minimum closed retail sales area for store products instead of 1000 square-feet and that employees selling beer and wine must be 21 years of age. He confirmed that present California Law allowed a person 16 years of age to sell beer and wine providing there is constant supervision by an adult. He would also be willing as a requirement to sell beer and wine warm but only if that requirement is placed on all convenience stores, i.e., he would submit to that as a condition only if it is fairly applied. Beverly Ygueravidi, 1001 North Henover Place, Anaheim, PTA President of the PTA Council for the Anaheim Union High School district with 18 schools under her. She is speaking for all 18 schools plus the Fourth District. At the PTA State Convention in May, a resolution was brought up before the State and passed. In July it went to the National Convention concerning the sale of gasoline and alcohol together. A representative is in Sacramento now working on the legislation of the resolution which was passed by one million members. An additional concern is that youngsters in the high school job opportunities programs are placed in convenience stores and liquor stores. If alcohol is sold with gasoline, teenagers will likely be working there, and those youngsters will be subject to peer pressure. She had · 795 133 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 22, 1985, 10:00 A.M. dates, names and addresses of establishments who were breaking the law and in the past had called the Anaheim Police Department but their answer was to call the Alcoholic Beverage Commission. STAFF INPUT AS A RESULT OF DISCUSSION AND QUESTIONS POSED BY COUNCIL MEMBERS: Jack White, City Attorney. Relative to State Law regarding age limitations for selling beer and wine, he would investigate the matter through the Alcoholic Beverage Control Board. His concern would be with State Law pre-empting the City's ability to change the age requirement. He would research the issue and report back to the Council. Sergeant James Brantley, Anaheim Police Department, Supervisor, Vice Unit. The Police Department is not telling citizens who report that minors are being served liquor to talk to the Alcoholic Beverage Commission (ABC) and it is the last thing his Department would do even if the manpower of ABC in Santa Aha was sufficient. Such complaints are the prime responsibility of the Vice Unit in Anaheim. Anytime his Department received a complaint, it was vigorously pursued. It was necessary to see evidence of the crime. Hearsay is not sufficient but enough to launch an investigation. With Class 20 and 21 liquor licenses (convenience stores) it is permissible at age 16 to sell beer and wine ~cross the counter if continuously under the constant supervision of an adult (over 21 years of age). He did not believe the letter from Acting Chief of Police Captain Gray, dated October 16, 1985, said anything more than as stated by Councilman Overholt - the Anaheim Police Department recommends against permitting the sale of beer and wine where dispensing gasoline for the sole and simple reason that it makes more total outlets available for the purchase of beer and wine. There are currently 536 ABC licenses of all types within the City's boundaries. They have seen abuses nationally by young people, alcohol being the major drug abuse problem today. The Department is concerned from all aspects. COUNCIL CO~w~S/CONC~S: Councilman Pickler. He is interested in a commitment from the industry (Thrifty 0il, Arco, etc.) that they will perpetuate the programs they have instituted as outlined in their presentations to solve the problem of drunk driving as well as working with those organizations whose business it is to combat the drunk driver. Otherwise, the only solution is to return to the prohibition concept since beer, wine and alcohol is readily available outside of the convenience markets. It is unfair to pick on one entity. He favored continuance of the CUP process with added conditions and ongoing education relative to the problems of alcohol abuse as discussed today. Mayor Roth. Stronger enforcement is the key in combating the problems of drug and alcohol abuse. He wanted specifics from those who · 796 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 22~ 1985~ 10:00 A.M. spoke and any others who have information regarding illegal sales of alcohol to minors. From the testimony received, it is evident that increased education is necessary to teach youngsters the effects of alcohol. He was not convinced that the request of the Planning Commission to prohibit the sale of alcoholic beverages in conjunction with the sale of gasoline was the answer to the problem. Councilwoman Kaywood. It is a matter of prevention at the outset. There is a basic hypocrisy involved in selling gasoline to the driver as well as selling alcohol on the basis that otherwise the establishment could not stay in business. The Police Department just testified there is a national upswing in abuse of alcohol by young people. Alcohol is a drug and to sell it along with the sale of gasoline is the mixed message which is of great concern to her. As pointed out, there is a great availability of alcohol and it was stated selling it one more place would not matter. It matters very much in her opinion, especially since it is from a business where an individual drives in to get gasoline and youngsters who are impressionable get that mixed message. It is worthwhile to prevent the loss of one life or one injury. Councilman Bay. Laws should be based on fact and not on opinions and symbols. To impose laws prohibiting the sale of beer and wine because a business happens to sell gasoline as well is not the answer to the problem but diverting attention from that problem, i.e., the need for more education on the proper use of alcohol. Prohibition in any form or degree is not the solution. It is not government's prerogative to pass laws based on emotional appeals that have no basis or logic and fairness to the business community. Councilman Overholt. The issue today is the changing economy. If motorists were going to have the opportunity to fill their gas tanks, it was necessary to make it possible for the now fewer retail gasoline outlets to exist. Arco has been a leader in the concept of the combination gasoline station/MPG tune-up centers with AM/PM Mini markets. ~e did not want to see that program Jeopardized because of drunk driving. A dent had been made in the drunk driving problem area because of MADD and other organizations and stiffening of penalties. He also favored continuation of the CUP process with additional conditions, basically those conditions adopted as model amendments to the Los Angeles City Planning and Zoning Code restricting and controlling the issuance of conditional use permits for the sale of beer, wine and gasoline from a common location, which he read. Councilwoman Kaywood. She noted that Mr. Davis stated he would not object to selling 797 131 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 22, 1985~ 10:00 A.M. warm beer and wine if everyone did so; Councilman Overholt - such a restriction would have to be imposed upon everyone and he was not willing to do that. Councilman Overholt moved the following: That the existing conditional use permit process for the sale of alcoholic beverages in conjunction with the sale of gasoline remain in effect which will include the necessity to satisfy the following: No conditional use permit allowing the sale of alcoholic beverages shall be granted for a new food store selling gasoline or for the addition of gasoline sales to a food store or for the addition of food sales to a gasoline outlet unless all of the following conditions shall be satisfied: 1. Only beer and wine, not hard liquor, may be sold. 2. The minimum enclosed retail sales area for store products shall be 1,200 square feet. 3. The minimum inventory level shall be $10,000 retail value excluding beer, wine, fuel, and automotive products. 4. The maximum percentage of beer and wine sales to total store sales shall be 35 percent on a retail basis during any consecutive 12-month period. 5. No displays of beer and wine shall be located within five feet of the stores' entrance and shall not exceed 25% of the total display area of the market. 6. Cold beer or wine shall only be sold from, or displayed in, the main permanently affixed electrical coolers. 7. No beer or wine advertising shall be located on gasoline islands, and no signs advertising beer or wine shall be located on builcings or in windows. 8. That no sale of alcoholic beverages shall be permitted from the pump islands or from any drive-up or walk-up windows. premises. No video or other electronic games shall be allowed on the 10. That signs to discourage drunk driving be placed in prominent areas of the market and that there be continued activity to aid and support the efforts of MADD and other anti-drunk driving organizations. Councilman Pickler seconded the motion. Before a vote was taken, it was determined that: (1) Relative to setting an age limitation for those selling beer and wine in such establishments, the City Attorney would research the issue to see if State Law pre-empted the 798 132 City Hall, Anaheim~ California - COUNCIL MINUTES - October 22, 1985, 10:00 A.M. setting of such limitations. If not, age limitations may be added to these conditions. (2) That staff will formalize the ten conditions placing same in an ordinance, and submit those to the Council for approval of their final form. Councilwoman Kaywood. She is concerned with the complete disregard for the survey taken by the Alcohol Advisory Board which reflected statistics of West Anaheim and not some areas outside of the State that are not relevant. She is also very concerned that great concern was expressed at the last meeting where the issue was discussed with regard to what the Chief of Police had to say and now the recommendation from the Acting Chief of Police which stated, "it is, therefore, in the best interest of the City of Anaheim to prohibit the sale of alcoholic beverages at mini-marts/gasoline establishments," was being ignored. A vote was then taken on the foregoing motion. Councilwoman Kaywood voted "no." MOTION CARRIED. 109/181/161: APPLICATION FOR HISTORIC PRESERVATION GRANT FUNDS - CARNEGIE LIBRARY REHABILITATION: City Manager William Talley referred to the documents just submitted to the Council, the first, a memorandum tentatively scheduled to be heard before the Anaheim Redevelopment Agency on October 29, 1985 and the second a memorandum dated October 18, 1985 from the Community Development Department. The first would have requested that the Council as the Redevelopment Agency determine their policy on whether or not the Agency would agree to pay all or part of the cost of rehabilitation of the Carnegie Library for an historical museum. The document he wanted to bring to Council's attention today was the October 18, 1985 memo containing two recommendations: (1) Adopt a Resolution making findings concerning the payment, by the Anaheim Redevelopment Agency of the cost of construction and rehabilitation of the Carnegie Library for a public historical museum or other public use and consenting to expenditures by the Anaheim Redevelopment Agency. (2) Adopt a Resolution approving the application and the project agreement for historic preservation grant funds for Carnegie Library Rehabilitation Project from the California Park and Recreation Facilities Act of 1984. The first resolution was not before the Council today but only the second resolution. Since there may not be a full Council next week it was, therefore, necessary to bring the matter forth today since the deadline date to apply for the grant was November 1, 1985. He recommended that the Council adopt the resolution and express concurrence that it would be the City's intention to utilize funds, probably Redevelopment Agency tax increment funds, for the rehabilitation of the Carnegie Library. Whether or not those funds would be generated from the Agency or paid by the Redevelopment Agency after a contribution had been made by Anaheim Museum Inc. or some other source did not need to be debated today. The Council was being asked to adopt a resolution which would commit the City, through the Redevelopment Agency, to rehabilitate the Carnegie Library, to maintain ownership of the building, and to ensure 799 129 City Hall~ Anaheim, California - COUNCIL MINUTES - October 22~ 1985~ 10:00 A.M. that the museum would be funded for operating expenses in the future from some source, and with those assurances apply for a California Park and Recreation Facilities Act Grant up to $300,000. If the grant is made to the City, at the time of accepting funds, on or before that date, the City was going to have to make a definite commitment on the museum funding source and the extent to which either the City general fund or redevelopment funds or other funds will be made available for both the refurbishing and continued operating of the museum. In the grant was the representation that the building will be rehabilitated, that ownership will remain vested with the City of Anaheim and that following the rehabilitation operation, operating funds will be made available and the museum will be an entity. Councilman Roth offered Resolution No. 85R-457 for adoption, approving the application and the project agreement for Historic Preservation Grant Funds for the Carnegie Library Rehabilitation Project from the California Park and Recreation Facilities Act of 1984, as recommended in memorandum dated October 18, 1985 from the Community Development Department. Refer to Resolution Book. RESOLUTION NO. 85R-457: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, APPROVING THE APPLICATION AND THE PROJECT AGREEMENT FOR HISTORIC PRESERVATION GRANT FUNDS FOR CARNEGIE LIBRARY REHABILITATION PROJECT FROM THE CALIFORNIA PARK AND RECREATION FACILITIES ACT OF 1984. Before a vote was taken, Norm Priest, Director of Community Development/Planning, reported that relative to the grant, an answer was anticipated to be received in the spring of 1986 and the award made July 1, 1986. Councilman Overholt surmised if the grant, in whatever amount, was accepted, the City would be bound by that commitment; Mr. Priest explained if the funds were not at that point or any point offered to the State, the State would not fund the agreement at all and the whole process would stop. Although it was not necessary at this time to make a determination to what extent the City or Redevelopment would be involved in the funding of the museum, the City would have to indicate there was a willingness from some sort to proceed but there was no firm contractual obligation to produce those funds until such time as the State granted the funding. Jack White, City Attorney, stated as a condition of receiving the money if the grant was approved, the City would be required to execute documents that would at that time commit to using the money for that purpose. Councilman Bay stated if the Council passed the resolution to support the application for the grant, he did not want the implication that the Council was going to do nothing until the grant was received. Mr. Talley stated staff was not too hopeful that the grant would come through or if it did, that it would be anywhere near the $300,000 figure in view of the history of similar grants. Mayor Roth expressed his concern over the lengthy time frame involved should the award be granted. It was imperative that at the next opportunity when a 80O City Hall, Anaheim~ California - COUNCIL MINUTES - October 22~ 1985, 10:00 A.M. full Council would be present, that the issue be placed on the agenda to give the Council's official position to the City Manager. After additional discussion relative to any implied or real obligations that may be involved, Mr. Talley stated that the Council was not being obligated in any way beyond what was required to submit the application since staff had not made a recommendation to the Council or received policy guidance. A vote was then taken on the foregoing resolution. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler, 0verholt and Roth None None The Mayor declared Resolution No. 85R-457 duly passed and adopted. ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Pickler seconded the motion. MOTION CARRIED. (4:10 p.m.) LEONORA N. SOHL, CITY CLERK · 801