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1997/01/07ANAHEIM, CALIFORNIA- CITY COUNCIL MINUTES JANUARY 7, 1997 The City Council of the City of Anaheim met in regular session. PRESENT: PRESENT: ABSENT: PRESENT: MAYOR: Tom Daly COUNCIL MEMBERS: Shirley McCracken, Tom Tait, Bob Zemel, Lou Lopez COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY MANAGER: Dave Morgan DEPUTY PLANNING DIRECTOR: Mary McCIoskey BUILDING DIVISION MANAGER: Julie King ZONING ADMINISTRATOR: Annika Santalahti A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 1:20 p.m. on January 3, 1997 at the Civic Center Kiosk, containing all items as shown herein. Mayor Daly called the meeting to order at 3:10 p.m. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there were no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Closed Session items. The following items are to be considered at the Closed Session. 1. CONFERENCE WITH LABOR RELATIONS: Agency negotiator: Dave Hill Employee organizations: AFA and AMEA CONFERENCE WITH LEGAL COUNSEL - PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) EXISTING LITIGATION Name of case: Mulford v. City of Anaheim, Orange County Superior Court Case No. 74-83-94. CONFERENCE WITH LEGAL COUNSEL - PURSUANT TO GOVERNMENT CODE SECTION 54965.9(a) EXISTING LITIGATION Name of Case: Anaheim Redevelopment Agency v. Southern California Gas Company, et al., Orange County Superior Court Case No. 71-70-49 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 7, 1997 4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant to subdivision (c) of Section 54956.9: Two potential cases. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) - EXISTING LITIGATION: Name of Case: Yniquez vs. City of Anaheim, Orange County Superior Court Case No. 74-68-01 By general consent, the Council recessed into Closed Session. (3:11) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. ( 5:15 p.m.) INVOCATION: Bryan Crow, Pastor - Garden Church, gave the invocation. FLAG SALUTE: Council Member Shirley McCracken led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION - RECOGNITION FOR SERVICES ON THE SENIOR CITIZENS COMMISSION: Mayor Daly. A special "Flying A" plaque has been prepared for outgoing member Ernest Sullivan who has served for nine years on the Senior Citizens Commission. The plaque recognizes Mr. Sullivan for his leadership, time and effort as a member of the Commission to the benefit of Anaheim's seniors. The Mayor and Council Members thanked and commended Mr. Sullivan noting that he will be missed. Mr. Sullivan accepted the plaque and thanked the Mayor and Council for the presentation recognizing his service on the Commission. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $6,135,756.17 for the period ending December 23, 1996, $1,154,995.70 for the period ending December 30, 1996 and $1,342,875.07 for the period ending January 6, 1997, in accordance with the 1996-97 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:22 p.m.) Mayor Daly reconvened the City Council Meeting ( 5:24 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 7, 1997 ITEMS OF PUBLIC INTEREST: Chris Grubba, 845 S. Jacaranda Way, Anaheim 92807. His subject tonight is the proposed Anaheim Hills Golf Course Club House and Community Center. He has several questions and comments. He thereupon read from his letter dated January 7, 1997 to the Mayor and City Council Members (made a part of the record). The letter referenced a $700,000 amount placed in Fund 216 approximately 10 years ago by developers specifically designated for a Community Center in Anaheim Hills. It asked the disposition of those funds at this time and related questions as to how architectural fees will be paid for before the facility is built. A major concern expressed was the proposed size of the Community Center which he feels will be the size of a "three-car-garage" and, if so, it is not a very wise use of the money that was set aside. Other issues were also addressed relative to financing the facility with bonds to be repaid by the Golf Course and other commercial ventures. A suggestion was also made that a free-standing Community Center could be built on the southwest corner of the current golf course parking lot at a loss of only 14 spaces. In concluding, the letter asked if a Citizens Committee is formed relative to proceeding with a Community Center in Anaheim Hills, they (Greg & Chris Grubba) would appreciate being a part of the committee and also asked for answers and information from the City Council on the questions posed as soon as possible. He submitted his statement to the City Clerk and stated he would also appreciate a copy of notice when the issue is going to come before the Council. Mayor Daly. The City Clerk will take steps to notify him of future agenda items on the subject. Robert Edwards, on-site Park Manager, Rancho LaPaz Mobile Home Park, 501 E. Orangethorpe, Anaheim. He is present relative to the traffic light issue which was addressed by park residents at the Council Meeting of December 2, 1996. There are a number of people who would like to speak to the issue again this evening after which he will conclude the presentation. Terry Giardino, resident, Rancho LaPaz Mobile Home Park (Rancho LaPaz MHP). The residents are still waiting for something to be done relative to the traffic situation which has been brought about as a result of a traffic signal installation at the nearby industrial complex. So far, nothing has been done and they are present to urge that some action be taken before there is a casualty in front of the park. She hopes that Council Members have responded to her invitation to visit the site themselves. She feels the three signs posted, "Do Not Block the Intersection" are a joke because nobody pays attention to them. She relayed an incident in which she was involved trying to get into the park which ended in frustration because there was no way to get through. With trucks coming from the east and west, it is impossible to get in since there is no way to face them down. Between the city and the new complex, perhaps they can work out a safe solution to relieve the residents from the situation as it now stands. She does not know if something is in process to help them out but is urging the Council to take the matter seriously. Mayor Daly. He believes that City staff has a report coming to the agenda at the Council's next meeting. City Manager, James Ruth. Staff has been in the process of evaluating the problem and are prepared to make a recommendation next Tuesday, January 14, 1997. They will try to let the residents know in advance what the recommendation is going to be. Thelma Takash, resident, Rancho LaPaz MHP. On Fridays she sits by the front door of the park building selling bingo cards and has an opportunity to view the driveway. She observes people trying to get into the park and they cannot do so. Two weeks ago, the Paramedics had a hard time getting in. Many people say they almost had an accident trying to get in and it happens a lot. Helen Lynch, resident, Rancho LaPaz MHP. She asked questions of the Council basically whether they or members of their family have access to their home via a driveway and if that access is blocked off to their use, the point being that is what the residents of the park face. She then asked if any one of the Council Members had gone to the site between 7:00 a.m. and 9:00 a.m. or between 2:30 p.m. to 5:00 p.m. to see the situation for themselves. If they did so and were able to get into the park, she challenged them to try to get out of the park by turning left. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 7, 1997 Council Member Lopez. He has been to the location on several occasions and that is why they are working on the matter; Council Member McCracken also indicated that she had been to the site. Nancy Christians, resident, Rancho LaPaz MHP. She relayed several experiences trying to get into the park which emphasized and supported the problems and difficulties that have been caused as a result of the recent traffic signal installation making ingress and egress to the mobile home park a harrowing experience for those trying to do so. She expressed her hope that something could be worked out to make it safer. Robert Edwards. The owners and managers of Rancho LaPaz MHP take a lot of pride in the facility. It is also the ony park in the State that serves meals to seniors for $1.50 under the Feedback program. They are concerned about the welfare of the residents. At the last Council Meeting, Mayor Daly directed a study of the situation. He asked if there had been a result of that directive. Mayor Daly. A report will be coming to the Council in seven days. It should be available for public review before that time and it will then be considered by the Council at the January 14, 1997 meeting. City Manager Ruth. The report should be ready by Friday. They will contact Mr. Edwards directly. Mayor Daly. The City Clerk will contact Mr. Edwards when the staff report is ready. Before concluding, Mr. Edwards asked those who were present from the park to show their concern and support of some action being taken, to stand. Approximately sixty people were present in support. PUBLIC COMMENTS - AGENDA ITEMS: There were no public comments on City Council Agenda items. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of January 7, 1997. Council Member Tait seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded by Council Member Zemel, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. A1. 118: Rejecting and denying certain claims filed against the City. Referred to Risk Management. The following claims were filed against the City and actions taken as recommended: a. Claim submitted by Association of Woodworking and Furnishings Suppliers (AWFS) c/o Charles E. McLean for property damage sustained purportedly due to actions of the City on or about April 2, 1996. b. Claim submitted by Pramlad J. Patel for property damage sustained purportedly due to actions of the City on or about November 4, 1996. c. Claim submitted by Timothy J. Doering for property damage sustained purportedly due to actions of the City on or about August 10, 1996. d. Claim submitted by Steve Ambrose for property damage sustained purportedly due to actions of the City on or about November 3, 1996. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 7, 1997 Council Member Lopez. He noted that the Council is being asked to reject four claims but there are no details on those claims. People will call and ask him why their claim is being rejected, and without information, he cannot answer. Mayor Daly. He will ask the City Attorney to elaborate but it appears this is the usual rejection of claims and there are four on this particular agenda. City Attorney White. The Council can be provided with copies of the claims. These all appear to be minor matters. On the larger items, the Council is provided with detailed information. It is not normally the practice to provide detailed backup on minor claims considering the staff time involved. Council Members can check before the meeting if there are questions and the information can be provided. The claims process comes through the Risk Management Division of the City Manager's Office and subsequently referred to the City Attorney's Office after litigation is filed. Between Risk Management and his office, staff can provide whatever detail the Council would like. The City Clerk's Office also has a copy of all claims. It is possible to provide the information to the Council which will be some identification of what the claim relates to. Council Member Lopez stated he would like to have that information. A2. 105: Receiving and filing minutes of the Budget Advisory Commission meeting held October 16, 1996. 105: Receiving and filing minutes of the Golf Advisory Commission meeting held October 25, 1996. 105: Receiving and filing minutes of the Public Utilities Board meeting held October 3, 1996. 105: Receiving and filing minutes of the Senior Citizens Commission meeting held November 14, 1996. Council Member Lopez. Referring to minutes submitted for the Council to review and receive and file, there were some concerns expressed at a Senior Citizens Commission meeting regarding parking for the handicapped as well as elevator problems in the Center Street parking structure. He asked who follows up on such matters. City Clerk, Leonora Sohl. She believes that Parks and Recreation staff (Community Services) will be responding directly to the Commission. Copies of the minutes received are for Council's information only. Council Member Lopez. He agrees relative to the concerns expressed on handicap parking and the parking facilities (see minutes of the Senior Citizens Commission Meeting of 11/14/96) specifically relating to the Center Street parking structure. He went to the structure to see if there was a problem and at the time, the elevator was not working which was corrected immediately. Also, there is no lighting in the structure and he hopes that can be corrected quickly as well. City Manager Ruth. Staff is working on that. It had been reported to him. Council Member Lopez asked if there was a maintenance person who drives around the City's facilities to make sure everything is in proper working order. City Manager Ruth. There is a routine maintenance program. Inspection of all public facilities is done by the Facilities Maintenance Division. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 7, 1997 Council Member Lopez. He would like to see an inspection done several times a week to make sure everything is in working order and to make sure the facilities are clean; City Manager Ruth. He will check the maintenance schedule. A3. 158: Approving acquisition agreement for real property at 1778 South Canterbury Circle, (R/W 5180-82); authorizing the acquisition payment of $153,000 to Grover Escrow; and authorizing the loss rent agreement payment of $900 per month from October 1, 1996 to January 1997 prorated to dates of termination of obligation. (Katella Avenue Smart Street Improvement Project) A4. 158: Approving acquisition agreement for real property at 1111 South Harbor Boulevard (R/W 5125-3) and authorizing the acquisition payment of $52,956.02 to Tsu Hua Huang. (Harbor Boulevard Street Improvements - Vermont Avenue to Ball Road) A5. 158: Approving acquisition agreement for real property at 1779 South Strathmore Place (R/W 5180-79); authorizing the acquisition payment of $158,000 to Grover Escrow; and authorizing relocation payments in accordance with the relocation plan developed for the project and the State Relocation Assistance Act not to exceed $20,000. (Katella Avenue Smart Street Improvement Project.) A6. 123: Approving reimbursement agreement with Orange County Transportation Authority in the amount of $4,211,900 for the functional replacement of Fire Station No. 3. Mayor Daly. He thanked staff for bringing a positive solution to what could have been an awkward situation. Fire Station No. 3 must be replaced because of the widening of the Santa Ana Freeway. This brings them closer to a solution by obtaining funding from the Transportation Authority to build a replacement station. A7. A8. A9. A10. All. A12. A13. A14. 123: Approving agreement with Caltrans (Utility Agreement No. 12485) for reimbursement of City costs for inspection of sewer line at SR91 and Brookhurst Street. 123: Approving an agreement with Siemens Traffic Controls LTD. for development and implementation of an Advanced Traffic Control System. 105: Receiving and filing minutes of the Community Services Board meeting held November 14, 1996. 169: Awarding a contract to the lowest responsible bidder, Katibeh Construction Company, for Anaheim Transfer Station Improvements at Crescent Avenue, Gerda Drive and Placentia Avenue, in the amount of $256,307.32, and in the event said low bidder fails to comply with the terms of the award, award the contract to the second low bidder, and waiving any irregularities in the bids of both the low and second low bidders. 160: Accepting the bid of Ultimate Communications Systems in the amount of $34,060 for the Vicon Matrix Switch System for the Police Department, Detention Facility, in accordance with Bid No. 5600. 139: Approving the 1997 Federal and State Legislative Strategy and forwarding this to our State and Federal legislative delegation in Washington D.C. and Sacramento. 168: Approving the renaming of West Harbor Place to Center Street Promenade and directing staff to take the necessary actions to rename the street. 123: Approving the settlement agreement with Aramark Leisure Services, Inc. for audit findings resulting from the City of Anaheim Audit #94300. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 7, 1997 A15. A16. A17. A18. 123: Authorizing the Chief of Police to execute a lease option agreement for the Police Community Resource Center at 2960 W. Lincoln Avenue Unit L. 123: Approving the sixth amendment to agreement with PRC/Public Sector, Inc. in an amount not to exceed $70,000 for consulting services in connection with the Police Automated Systems Development. 105: Appointing L. E. "Slim" Terrell to represent the Anaheim Union High School District and Christopher B. Whorton to represent the Anaheim City School District on the Park and Recreation Commission. 164: Releasing the low bidder, Albert W. Davies, Inc., from his bid and awarding a contract to the lowest responsible bidder, Southern California Underground Contractors, in the amount of $645,778.00 for the Katella Avenue Sewer Improvement 700' West of Harbor to Walnut Street, and in the event said low bidder fails to comply with the terms of the award, award the contract to the second low bidder, and waiving any irregularities in the bids of both the low and second low bidders. END OF CONSENT CALENDAR. MOTIONS CARRIED. A19. 105: APPOINTMENT TO THE BUDGET ADVISORY COMMISSION: To fill the unexpired term of Shirley McCracken (term expires June 30, 2000). Council Member McCracken. She tried contacting some of the individuals who have submitted their names to fill the unexpired term but has not been able to reach all of them. If acceptable, she would like to move to delay the appointment for one week. Council Member Zemel. He is not sure that one week will be sufficient but would be agreeable to three weeks which will be the next Council meeting held after January 14. MOTION. Council Member McCracken moved to continue the appointment to the Budget Advisory Commission for three weeks to January 28, 1997. Council Member Zemel seconded the motion. MOTION CARRIED. ITEM B1 FROM THE ZONING ADMINISTRATOR MEETING OF DECEMBER 19, 1996: DECISION DATE: DECEMBER 26, 1996 INFORMATION ONLY -APPEAL PERIOD ENDS JANUARY 10, 1997: B1. 179: ADMINISTRATIVE ADJUSTMENT NO. 0116: OWNER: GAlL MITCHELL, 3167 E. Lancaster Avenue, Anaheim, CA 92806 AGENT: JIM MADDOX, 14736 Beach Boulevard, Westminster, CA 92683 LOCATION: 3167 E. Lancaster. Property is approximately 0.12 acre located on the north side of Lancaster Avenue and approximately 100 feet west of the centerline of Landfair Street. To construct a 1300 square foot room addition. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 0116 APPROVED (ZA DECISION NO. 96). ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 7, 1997 Council Member Lopez. The agenda indicates a 1,300 square foot addition but the staff report indicates 300 square feet. He asked which one was the correct figure. Annika Santalahti, Zoning Administrator. The staff report is a typographical error. She confirmed that the addition is 300 square feet. END OF THE ZONING ADMINISTRATOR ITEMS. RECESS: On motion by Mayor Daly seconded by Council Member McCracken, the Council recessed for 10 minutes. MOTION CARRIED. (5:54 p.m.) AFTER RECESS: Mayor Daly called the meeting to order, all Council Members being present (6:15 p.m.). D1. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3680 AND NEGATIVE DECLARATION: REQUESTED BY: CITY-INITIATED, 200 S. Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 100 South Canyon Crest Drive (The Eli Home). Property is approximately 0.22 acre located at the southeast corner of Santa Ana Canyon Road and Canyon Crest Drive. City-initiated public hearing in accordance with Sections 18.03.091 and 18.03.092.060 of the Anaheim Municipal Code and pursuant to enforcement actions by the United States Department of Housing and Urban Development, to add, delete or modify conditions of approval, including, but not limited to, conditions relating to the limitation on occupancy by children, indoor and outdoor activities by children and fencing requirements relating to children, in connection with a previously-approved group home for abused children and their mothers. ACTION TAKEN BY THE PLANNING COMMISSION: Modified conditions of approval for CUP NO. 3680 (PC96-117) (7 yes votes). Negative Declaration previously approved. HEARING SET ON: A letter of appeal was submitted by Gene Secrest, on behalf of the Canyon Crest Drive home owners dated December 3, 1996, and therefor a public hearing was set for this date. Informational item at the meeting of December 3, 1996, Item B2. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - December 26, 1996. Mailing to property owners within 300 feet - December 19, 1996. Posting of property - December 20, 1996. STAFF INPUT: See staff report to the Planning Commission dated November 13, 1996. Mayor Daly asked staff to summarize the recommendation and to give a brief history and background. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 7, 1997 Mary McCIoskey, Deputy Planning Director. She briefed the staff report to the Planning Commission dated November 13, 1996 giving the details of the request and the background on C.U.P. No. 3680 which was approved by the City Council on September 27, 1994 for a period of one year starting from the date of occupancy. She explained that the City had received a notice from the U. S. Department of Housing and Urban Development (HUD) that a complaint had been filed alleging that the City, "was in violation of the Federal Fair Housing Law by engaging in discriminatory housing practices toward children relating to familial status based on the conditions of approval imposed for Conditional Use Permit No. 3680." As a result, staff is recommending that Conditions No. 3, 8, 18 and 22 of Resolution No. 94R-243 approving the CUP be modified or deleted as follows: Modify Condition No. 3 to state - "That occupancy of the structure shall be limited to twenty-two (22) persons, including one (1) live-in manager." Modify Condition No. 8 to state - "That a six(6) foot high wrought iron or other decorative type fence shall be installed to provide a physical separation between the outdoor recreation/leisure/play area and the on- site parking area." That Conditions No. 18 and 22 be deleted in their entirety. All of the other conditions would remain in full force and effect. Staff feels the modifications and deletions as recommended are reasonable and recommend approval. They do not affect land use decisions made in connection with the Eli Home. Staff is present to answer any questions. City Attorney, Jack White. The purpose of tonight's hearing is to consider only the amendment of certain conditions of approval of the existing CUP for the Eli Home which was approved approximately two years ago. Tonight's hearing is not a re-determination or reheating of whether the CUP should be granted or revoked. The permit has been issued and once it is exercised by the commencement of the operation, there will be a one-year period of operation only, after which the home will need to reapply if they wish to extend for an additional period. At that time, it would be appropriate to consider again all the issues relating to the CUP. Tonight's hearing is the result of an enforcement action taken by the Federal Department of Housing and Urban Development against the City for allegedly discriminating against children by imposing conditions on the CUP that are family-status related. Those are the ones indicated and recommended for amendment. One of the issues raised, if one or more of the conditions is not valid does not that in and of itself make the permit invalid. The resolution the Council adopted approving the permit provides that if through a court action a court enters a final judgment determining that one or more of the conditions is invalid, then the permit is null and void. It would take a court action to trigger that event and that has not happened. The issue for the Council to decide tonight is whether to do nothing with regard to conditions of approval and face the imminent prospect of litigation from the U.S. Department of Justice alleging that the City has engaged in discriminatory practices. If the City loses that law suit, the City subjected to would be potential monetary damages, injunctive relief and possible other adverse remedies that could be imposed, or to amend the conditions in the way HUD has suggested to avoid the issue of making these child-specific or family-status related. Staff's recommendation is that the conditions be amended at this time to solve that problem. Council may recall most of the conditions that are an issue tonight were originally imposed by the Council not because they were formulated by City staff, but actually presented to the Council as the manner in which the Eli Home intended to operate. Council took that letter of intention and put those into the form of conditions. HUD indicated to the City that while the home has the prerogative to operate in that manner, it is a violation of Federal Law in their opinion for the City to require the home to be operated in that manner. Mayor Daly asked the anticipated date of occupancy of the home; Council Member Lopez asked prior to occupancy will there be another "walk through" by staff to make sure everything is in order. Julie King, Building Division Manager. Relative to the latter question, Inspection Team members will be sent to the site to make sure it is in compliance before issuing the Certificate of Occupancy. That is standard procedure. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 7, 1997 Mayor Daly opened the Public Hearing and asked first to hear from a representative of the applicant. Jeff Farano, Attorney representing the Eli Home, 2100 S. State College Blvd., Anaheim. Eli Home has had the opportunity to review the staff report and the changes suggested and ruled on by the Planning Commission and are in full agreement and have no objections. They believe that the changes made do not change their operation of the Eli Home as originally approved and appear to satisfy the Department of Housing inquiries. Relative to the question of occupancy, they are going through the process of inspection right now and are making the necessary changes in order to get the Certificate of Occupancy. Mayor Daly asked to hear from any others speaking on behalf of the applicant; there being no response at this time, he asked to hear from a spokesperson for the appealing party. Joseph Conway 141 S. Canyon Crest, Anaheim. He is speaking for a number of residents who could not be present tonight. He does not understand all the changes that have been made since the CUP was approved in 1994 when the Council and the Eli Home agreed to 30 different points. The CUP was approved based on those conditions. Obviously, someone went to HUD and said that the conditions were not fair. He also has concerns with Condition No. 22 being deleted because it is important to have adult supervision at all times. He does not know how anyone is going to monitor, "that the facility shall be adequately supervised at all times." Lastly, he has a request of Council Member Zemel and the Council. Council Member Zemel has been very involved with the Eli Home and was the Broker of Record in the real estate transaction. He was also on the Board of Directors. Therefore, if any vote is taken tonight, Council Member Zemel should excuse himself because it will possibly be a biased vote due to all the conflicts involved. Jean Averill, Canyon Crest Drive, Anaheim. She disagrees with what the City Attorney stated and believes the CUP should be overturned. The Council resolution was expressly predicated upon the applicant's compliance with the conditions imposed. If it is determined that some are invalid or unenforceable by City standards, the resolution should be cancelled. She then referred to and read portions of letter dated July 28, 1995 from the City Attorney's Office to the U.S. Department of Housing and Urban Development (previously made a part of the record) specifically the second to last paragraph stating, "the conditions of the CUP are an integral part of the CUP itself. Any determination that one or more of such conditions is unenforceable would, by the express terms of the CUP, render the CUP null and void, thereby preventing the operation of the use entirely." She believes the CUP should be revoked for many other reasons which she elaborated upon basically having to do with things that were supposed to be done but were not done or have changed since approval of the CUP. She further stated that the residents believe they were fraudulently told they (Eli Home) wanted to be a good neighbor. The home is a business being forced upon them and they have proven to be a horrible neighbor and their worst nightmare. She also believes that the City is discriminating against the neighborhood. After relaying additional concerns, Ms. Averill urged the Council to overturn the Conditional Use Permit. Gene Secrest, 121 S. Canyon Crest, Anaheim. He is speaking on behalf of a number of homeowners who asked him to come this evening. He first submitted a packet of material (Exhibits 1-A through 6-C) containing elevation drawings and floor plans of the Eli Home, various pages of the staff report to the Planning Commission dated May 16, 1994 with notes added, letter dated May 16, 1994 from Lauren Schumaker, General Engineering Contractor, Real Estate Broker and Surveyor, as well as parts of City records submitted in 1994 with added notes. Mr. Secrest's extensive presentation involved a briefing and explanation of the material presented wherein he pointed out that many of the things that were promised by the Eli Home and that were required by the CUP were not done or deviated from the conditions/requirements. He also referred to portions of the Anaheim Municipal Code (AMC) and his understanding of the code which he felt were misinterpreted. He specifically referred to a portion of the code wherein it states that appeal of a decision of the Planning Commission vacates that decision and the Council shall require a de novo determination, meaning what was already decided on at the Planning Commission level was basically vacated and the Council's decision tonight shall stand. He feels they have been victims of lies and fraud and fraud is the leading cause to terminate or modify a CUP. He addressed each of the exhibits presented and took issue with the floor plans noting that Exhibit 3-A submitted shows how the plan has changed from the Planning Commission approval to City Council approval. He contended that there will be overcrowding with all 22 people now on one floor. He also 10 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 7, 1997 broached the lack of adequate play area, the necessity for a State license, the sound wall that was required which has now become a wrought iron fence, etc. He also referred to statements made in the July 28, 1995 letter to HUD from the City Attorney's Office. Relative to the complaint to HUD, he asked, didn't Lori Galloway file the complaint with HUD. HUD never filed a complaint and as of this afternoon, there is no complaint filed by HUD and there has been no reconciliation agreement either proposed or entered into by either side, only voluntary compliance by the City hoping that this not be decided upon by an administrative court judge. If so, the CUP would be deemed null and void. The City can no longer uphold portions of its resolution granting Conditional Use Permit No. 3680. He respectfully requests the City Council act upon its own motion under AMC Sec. 18.03.092.010 and declare the resolution null and void pursuant to the evidence before them and the final condition of Resolution 94R-243 which he thereupon read. He urged that they not let the City be threatened by HUD because HUD is not threatening the City but only questioning the City. He asked that they rescind Conditional Use Permit No. 3680. Larry Ritter, 151 Possum Hollow, Anaheim, an immediate neighbor. The reason the Eli Home chose to be very clear about who was to do the supervising of the children was to avoid getting a State license to run a congregate care facility. He feels that supervision is still an appropriate requirement which Eli Home recommended themselves. Otherwise, the home should be required to get the proper licenses before operating the facility. The child-centered requirement which the applicant is asking to have removed from the CUP also now opens up the use of the facility to anything that involves 23 or even 24 people since there will no longer be a requirement that the occupancy be limited to 14 children up to age 12. The facility can now be a half-way house, hotel, or some other kind of facility. He then spoke to the room sizes in the home noting that he had personally gone into the building and calculated the square footage when staff and City Council were considering approval of the home at the outset. He took issue with the size calculations as they now stand and the overall square footage that is supposed to be available. He does not believe that anyone in the City would be given a CUP to put 23-24 people in a facility without any restrictions on them in a building of the size proposed on a lot this size in the City. Summation by Applicant: Jeff Farano. Most of the points brought up he does not feel are deserving of a response. Most issues have already been resolved and are not an issue at this time. The home substantially complies with the CUP initially required and approved. The home will maintain whatever regulations are required. Basically all of the requirements set forth in the original C.U.P. are being complied with. The only issue before the Council today are the conditions that HUD is asking be changed and the Eli Home is in agreement with those conditions. Council Member Zemel. Relative to the comments directed toward him, he clarified that he is not now and never has been a member of the Board of Directors of Eli Home. He would thank Mr. Secrest to not bring that question up to him again since he has been asked the same question in two depositions. Relative to his being the Broker of Record, as he understands the conflict of interest laws, within one year of receiving income from a piece of property, he would not be allowed to vote. He abstained during that period. He did earn a real estate commission, but over three years ago which makes him in compliance with the conflict of interest laws at this time. City Attorney White. He confirmed that Council Member Zemel was correct and it was discussed with him on several occasions. Under applicable State law, he (Zemel) does not have a conflict of interest that would not permit him to vote on the issue. Council Member Zemel. As far as being a supporter of the Eli Home, he is also a supporter of Disney, the California Angels, Mighty Ducks, etc. He speaks publicly in support of many of those organizations and will continue to vote on projects involving those organizations as well. Mayor Daly asked the City Attorney to speak to the licensing issue. 11 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 7, 1997 City Attorney White. He is not an expert on State licensing but is certain that the matter will be brought to the appropriate State departments by City staff or the residents if they have not done so already. If the State determines a license is required, Eli Home will have to have a license. The City does not have any jurisdiction over licensing for the operation of the use as opposed to the zoning of the use. Richard McFarland, Vice President, the Eli Home, 140 Imperial Highway. Most of the issues brought up tonight have been brought up before. They have been through a lot since the original approval of the CUP. There has been plenty of opportunity to check out their organization to see what the track record has been. Their home in Orange was operated for seven years with no evidence of traffic, noise, or any of the other things the neighbors are concerned about. They do not intend to operate differently here. The adult supervision will be there and all of the things they have stated are in process and they intend to carry them out. He emphasized their policy is always to have adult supervision at all times. He then refuted some of the statements made by Mr. Secrest and also confirmed that if the State licensing board determines that they need a license, they will get one. The sound wall that changed to wrought iron was required to be changed by the City. He also spoke to some of the issues brought up by Mr. Ritter, especially relative to room size and square footage. Mr. Ritter mentioned several things that would be a problem for the home in converting the attic into liveable space which is one of the main reasons why they have not offered such a plan. At present, it is being used for storage and that is what they plan to use it for. They want to be good neighbors and he is sorry that the neighbors do not feel that they are. A lot of the problems could have been avoided if they had been given a chance to show what they are going to do. They will try to be good neighbors and perhaps in years to come, they can win people over. That is their hope. Before concluding, he confirmed for Council Member Lopez that there will be adequate outside play area for the children. Mayor Daly closed the Public Hearing. City Attorney White. The letter sent from his office to HUD is consistent with the statements he made earlier as part of the hearing. If someone believes they are not, he would like to clarify the intent of the letter. It was to attempt to persuade HUD not to pursue enforcement action and not require the City to go through the process they are engaged in tonight. The attempt was unsuccessful. The letter stated that the CUP would be null and void if one or more of the conditions were found to be unenforceable. A condition would be unenforceable only if a court determined that it was. The issue for the City Council is, do they want to do nothing tonight and then defend the City's position in court against an action they have been told by the Department of Justice they will bring and, if they do, to defend the City's position with the possible ramifications that may have; or, do they want to amend the conditions tonight. He reiterated, the scope of tonight's hearing is only the amendment of the conditions of approval and not a revocation proceeding. Mr. Secrest talked about fraud being a basis to revoke. That is one of the bases but that is beyond the scope of tonight's hearing. He also stated that this constitutes a de novo hearing from the Planning Commission action. That is accurate. The decision of the Planning Commission was to approve the amendment of the four conditions and that is the status tonight. The Council can independently make a decision as to whether conditions of approval should be amended or not amended. Mayor Daly asked the City Attorney to briefly explain the procedure in the future if the CUP is modified and occupancy occurs and what becomes of the CUP that was granted in September of 1994 and the options that face the Council. City Attorney White. The CUP approved by the Council by Resolution 94R-243, whether or not the conditions are amended, is a permit which will expire one year from the date the Certificate of Occupancy is issued and the business starts operating as a group home for abused children and their mothers. One year from that date, the permit will expire. At that time or prior, it will be necessary for the Eli Home, if they intend to continue in operation, to file for an extension of the permit which is the same as a new application. At that time, the burden will again be on the Eli Home to justify the extension of 12 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 7, 1997 the permit based upon the fact that the use would be compatible and will have a year's worth of operation to determine if it is compatible. Those issues will be subject to being determined again by the Planning Commission and, if appealed, to the City Council a year after the Certificate of Occupancy is issued. ENVIRONMENTAL IMPACT REPORT - MITIGATED NEGATIVE DECLARATION: On motion by Council Member Zemel, seconded by Council Member Daly, the City Council does hereby approve a Mitigated Negative Declaration on the subject project and accompanying Mitigation Monitoring Program pursuant to Section 21081.6 of the Public Resources Code on the basis that the Planning Commission/City Council has considered the proposal with the Mitigated Negative Declaration and accompanying Monitoring Program, together with any comments received during the public review process and further finding on the basis of the Initial Study that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Council Member Zemel offered Resolution No. 97R-1 for adoption amending Resolution No. 94R-243 amending Condition No. 3, 8 and 22 and deleting Condition No. 18 as recommended by the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 97R-1: A RESOLUTION OF THE ANAHEIM CITY COUNCIL AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 94R-243 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3680. Before a vote was taken, Mayor Daly stated as a member of the City Council in 1994 who voted in favor of the CUP, he finds himself in a position of having what he believes is little leeway in terms of modifying the permit because of the actions by HUD. He is not comfortable with the challenge by HUD. He voted for the permit based upon all 30 conditions which were on the table at the time he voted. That has now changed. He feels the HUD threat to the City at this time is more onerous to the general taxpayers than modifying the permit which will extend one year from the point of occupancy. That is the reason he is going to vote yes. Roll Call Vote on Resolution No. 97R-1 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 97R-1 duly passed and adopted. C1. 114: LIAISON COMMITTEE ASSIGNMENTS: Reviewing the list of Council Liaison Committee assignments and appointing members of the Council to serve on those committees. Submitted was report dated December 11, 1996 from the City Clerk. City Clerk Sohl. She has submitted a list of the assignments. It is necessary that individual members of the City Council be made appointees to the various committees. Mayor Daly. Before acting to either reappoint the existing committees or appoint new persons to those committees, he would like to ask the City Manager and any other relevant staff to provide the Council with recommendations and guidance on the usefulness of the existing liaison committees and any 13 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 7, 1997 thoughts the City Manager's Office believes are appropriate on the ongoing usefulness of liaison committees. He has shared with his colleagues his feelings that on special projects, the liaison committee system works out well on an ad hoc basis. To establish permanent liaison committees might be handled another way. If the issue is significant enough, staff can request a liaison. He feels they will be well served if City staff could provide an historical perspective and suggest some additional liaison committees and perhaps deleting some. Council Member Shirley McCracken. If staff is going to do a summary, she would like to get some idea of the time commitment involved and frequency of meetings so that when Council Members make a commitment to serve, they can determine on how many committees they can do so. Mayor Daly. He would like to see a report by staff on what the experience has been in the past as well as what is expected. At present, the Telecommunications Policy Committee has a vacancy. He believes that committee will be disbanding in the future, but does not know for sure. That is what he would like to know from staff. Dave Morgan, Assistant City Manager. The recommendation is a good one. As part of the historical perspective, it would also be helpful to revisit the purpose of the establishment of the liaison committees to determine if their time has come and gone. Council Member Tait. It seems to him they could accomplish the same thing and perhaps better through the workshop program where all five Council Members are present. Mayor Daly. He asked that the issue be placed on the agenda when the requested report is completed. C2. 114: APPOINTMENTS TO REGIONAL AGENCIES: Reviewing the list of Regional Agency appointments and appointing or reappointing members of the Council to serve on the agencies. Mayor Daly. There are some positions that are vacant and need to be filled; there are others that do not need action this evening. He first asked if the North Net JPA position is filled. City Clerk Sohl answered, yes, and Council Member Tait is the representative. Mayor Daly. The remaining appointments are the Sanitation District, the Eastern Transportation Corridor Agency and the Water Advisory Committee, but he is not certain the Council needs to make a formal appointment to that. After a brief discussion between the Mayor, Council Members and the City Clerk relative to the positions that need to be filled, the Council first determined that the present status of representation on the Regional Agencies is as follows and that representation will remain unchanged at this time. They subsequently made appointments to fill positions where required. AGENCY North Net Fire and Hazmat JPA Orange County Transportation Authority County Sanitation Districts (2, 3 and 13) Water Advisory Committee (WACO) Metropolitan Water District Orange County Water District Board Orange County Regional Airport Authority REPRESENTATIVE(S) Council Member Tait Mayor Daly Mayor Daly/Co. Zemel (active alternate) Dale Stanton/Ed Alario (alternate) Ed Alario Irv Pickler Council Member Tait (air. to be determined) 14 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 7, 1997 Mayor Daly. Council Member Zemel has been serving on the Eastern Transportation Corridor. He asked if there were any thoughts on that. Council Member Tait. If there is no need to reappoint a representative since there is no term, he believes that Council Member Zemel has done a fine job and suggests that they continue to have him represent the City on that Agency. Mayor Daly. There is no term so it does require an action by the Council to change representatives. Council Member McCracken. She nominated Council Member Lopez to serve as the City's representative on the Eastern Transportation Corridor since he has expressed an interest in serving on the agency. Mayor Daly asked if there were any other nominations or comments. Council Member Tait nominated Council Member Zemel. Council Member Zemel. There are some very large issues coming up on the Eastern Transportation Corridor Agency. The corridor is beginning to go through the hills right now. There are several subcontractor issues he has been working on the last two years, issues on which he is very well versed with regard to transponders, brush clearing and a County fire station that needs to be relocated which potentially serves the Mountain Park area. He cannot even begin to convey the learning curve on that board. He got involved right after the Orange County bankruptcy. The bond issues on that board are paramount. His background in mortgage and real estate have been an asset in that regard. He went on to explain other things that he had done and the issues that were involved. With his expertise and background, he was a leader on the ad hoc committee that was formed in coming up with the right decision for the taxpayers. It is an ongoing issue since there were misrepresentations made by real estate companies. There is also a time commitment to attend Thursday day meetings and depending on what committees the representative is serving on, Wednesday morning and/or Wednesday afternoon meetings. His schedule is flexible enough to accommodate those. It is a critical time and there are also some executive session items that he cannot go into at this time. He feels it is the wrong time to make a change. If six months or a year from now, he would be amenable to that. Unless there is a vital reason for a change, he is going to encourage his colleagues not to make a change at this time and would ask that Council Member Lopez concur with him. Council Member Lopez. He has served on several State committees and is familiar with the process. Staff can bring him up to date and he will be glad to meet with Council Member Zemel as well. He is almost maxed out on his retirement vacation time and will be able to attend meetings. He feels it is important that each Council Member rotate and is versed in the various areas. He retirerated, he would have no problem in serving and would like to serve. Council Member Zemel. This is not the type of position that should be rotated. It takes a history and knowledge of real estate areas. It will affect the citizens of Anaheim in the coming years and perhaps for the next century. If the expertise was Police matters, he would defer to Council Member Lopez. The expertise on the Eastern Transportation Corridor involves bond issues and real estate. Mayor Daly. There are two nominations for the Eastern Transportation Corridor Agency and a vote will be taken in the order in which the nominations were made. Roll Call Vote - Council Member Lopez: Ayes: McCracken, Lopez, Daly No: Tait, Zemel Roll Call Vote - Council Member Zemeh Ayes: Tait, Zemel No: McCracken, Lopez, Daly 15 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 7, 1997 Council Member Lopez was thereupon appointed to some as the City's representative on the Eastern Transportation Corridor Agency. Mayor Daly. The next is the Santa Ana River Flood Protection Agency. The previous representative was Council Member Feldhaus. Council Member McCracken. She is willing to serve on that agency. Mayor Daly. He nominated Shirley McCracken to serve as representative on the Santa Ana River Flood Protection Agency. There is no term so the position will exist until the person leaves or the Council makes another choice. MOTION. On motion by Mayor Daly seconded by Council Member Tait, nominations were closed. MOTION CARRIED. MOTION. On motion by Mayor Daly seconded by Council Member Lopez, Council Member McCracken was thereupon appointed to the Santa Ana River Flood Protection Agency. MOTION CARRIED. Mayor Daly. The next is the Orange County Regional Airport Authority. Presently, Council Member Tait is the representative and Council Member Feldhaus was the alternate. Council Member Tait. He would like to continue to serve. He then nominated Council Member McCracken as alternate. MOTION. On motion by Mayor Daly seconded by Council Member McCracken, nominations were closed. MOTION CARRIED. MOTION. On motion by Maror Daly seconded by Council Member Lopez, Council Member McCracken was thereupon appointed as alternate on the Orange County Regional Airport Authority. MOTION CARRIED. As a result of the foregoing actions, the following appointments were made: Foothill/Eastern Transportation Corridor Agency - Council Member Lopez Santa Ana River Flood Protection Agency - Council Member McCracken Orange County Regional Airport Authority - Council Member McCracken, Alternate C3. 114: JOB TRAINING PROGRAM (JTP) ONE STOP ADVISORY TASK FORCE: Approving a new Council representative to the One Stop Advisory Task Force. Submitted was report dated December 17, 1996 from Marge Pritchard, JTP Manager recommending appointment of a new representative to replace Council Member Feldhaus. City Clerk Sohl. Answering the Mayor, she explained this is a group that works with JTP. She believes it is governed by State law and the representative needs to be an elected representative. Mayor Daly. He would like the opportunity to consider this for a few weeks but asked first if anyone was interested in serving. He suggested that they obtain a report from staff on the background and the legal underpinnings and if they have a choice whether or not to appoint. 16 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 7, 1997 MOTION. Mayor Daly moved to continue the subject appointment one week. Council Member Zemel seconded the motion. MOTION CARRIED. C5. 114: COUNCIL COMMENTS Council Member Zemel. In recent newspaper articles, he has read where there was an organization in Anaheim and Santa Ana that may have helped to register non-citizens as voters in the last election. In fact, some of the precincts have reported more ballots counted than people who voted. Additionally, he read that some of the people in Anaheim abused commercial addresses - multiple, unrelated people registered at one building. These crimes, if they are crimes, occurred in Anaheim and Santa Ana. He is wondering if anything was being done through the Police Department, City Clerk's Office, or the City Attorney's Office investigating or proceeding with any complaints. City Attorney White. His office has not been contacted by any other agency nor have they been involved to date in any prosecution efforts involving any type of fraudulent registration or voting which would be a felony and lie within the jurisdiction of the District Attorney's Office to prosecute. He believes from reports he has read, that the District Attorney (DA) is conducting an investigation although he has no personal knowledge of that. The District Attorney would have the agency and resources to do so and since it is a felony, would have exclusive jurisdiction to file a criminal action potentially against any of the individuals. If he refused, it is possible that the crime could be downgraded to a misdemeanor in which case, it would be referred to his office. If the Council chose to, they could, through his office, express their concern that the District Attorney investigate the matter and take whatever steps are appropriate. He does not believe he has jusrisdiction at the present time to either conduct an investigation or file any types of actions. Council Member Zemel. If there has been voter fraud in the City, he would like to have the City Attorney formally recommnend, that it be prosecuted if it happened in Anaheim. He is not certain where the City Clerk's Office becomes involved but he believes the City Clerk is the overseer of the elections and something may need to be done through her office as well. He knows that the Police Department does investigations in whether felonies have been committed and subsequently ask the District Attorney to prosecute if a felony. City Attorney White. The first step would be to contact the D.A.'s Office to find out if they do have an active investigation and if Council wishes, to express the City's interest in having such an investigation. If the D.A. is not doing an investigation, the Police Department has that right. Council Member Zemel. His concern is, these crimes are being reported to Orange County papers as occurring in Anaheim and the City has not taken any steps to address the issue. It would be his recommendation that the City Attorney go forward with that formal notice. Mayor Daly. It is his understanding the District Attorney is investigating the alleged violations and he feels before the City Council takes any action as a City Council, it would be helpful to know exactly what the D.A.'s Office is doing by way of research. Before doing anything or spending taxpayer's money, they should know what the D.A. is doing. Perhaps the City Attorney could pin down the status of the D.A.'s investigation and report back to the Council. City Attorney White. He can inquire and make a report back to the Council on what is happening. 17 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 7, 1997 114/140. Golf: Council Member Tait. He would like to get a report from Chris Jarvi, Community Services Director regarding the City's two golf courses on the feasibility of developing a two-tier reservation system where Anaheim residents have a preference on reservations over non-residents. He feels there should be something where an Anaheim resident benefits from the City's golf courses. Mayor Daly. He would also like to have included an evaluation of a fee discount for resident golfers as well. ADJOURNMENT: By general Council consent, the City Council Meeting of January 7, 1997 was adjourned (7:50 P.M.). LEONORA N. SOHL CITY CLERK 18