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1998/01/27ANAHEIM, CALIFORNIA- CITY COUNCIL MINUTES JANUARY 27, 1998 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 PUBLIC WORKS DIRECTOR/CITY ENGINEER: Gary Johnson FIRE CHIEF: Jeff Bowman A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:50 p.m. on January 23, 1998, at the City Hall Kiosk, containing all items as shown herein. Mayor Daly called the meeting to order at 3:00 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. CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Dave Hill Employee organization: Anaheim Fire Association, IBEW, AMEA, APA and non represented employees. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existing Litigation: Name of case: Delmonico, et al. v. City of Anaheim, et al. (and 18 related cases) Orange County Superior Court Case No. 70-80-71. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existing Litigation: Name of case: Allen v. Vance, et al., Orange County Superior Court Case No. 77-68-17. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: one potential case. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 27, 1998 By general consent, the Council recessed into Closed Session. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. ( 5:02 p.m.) INVOCATION: Pastor Bryan Crow, Garden Church, gave the invocation. FLAG SALUTE: Council Member Tom Tait led the assembly in the Pledge of Allegiance to the Flag. PRESENTATION - NEIGHBORHOOD WATCH BLOCK CAPTAINS OF THE YEAR: Recognizing Neighborhood Watch Block Captains of the Year for 1997. Sergeant Chris Sayers, Community Services Division of the Police Department first introduced and then presented plaques to the following Neighborhood Watch Block Captains who were named Block Captains of the Year for 1997: Ignacio Alvafez, John Clark, Luis Carmona, Leticia Carmona, Dick O'Brien, Chris Salmon, Tina Salmon, Mark Spathis and Delia Verela. The plaque(s) stated, "For support and dedication to the Community and Neighborhood Watch Program." Mayor Daly and Council Members greeted and congratulated each Block Captain. They were commended for their dedication in making their neighborhoods a better place to live. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,440,797.04 for the period ending January 20, 1998 and $3,612,674.43 for the period ending January 26, 1998, in accordance with the 1997-98 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Housing Authority meeting. (5:12 p.m.) Mayor Daly reconvened the City Council Meeting ( 5:13 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 27, 1998 ITEMS OF PUBLIC INTEREST: Mr. Clark Lehman, representing the Orange County Superior Court, Member of the Orange County Grand Jury. He is present not only to give information about the Grand Jury, but also to see if he can sign up some recruits this evening to serve on the Grand Jury, applications for which must be in by Friday, January 30, 1998 by 5:00 P.M. (or postmarked by then),or a FAX will do. Mr. Lehman then gave information about the Grand Jury and its functions, basic eligibility requirements, the selection process, and what would be expected of the person finally selected. In concluding, he submitted pamphlets and applications which were given to the City Clerk to be made available in her office. PUBLIC COMMENTS - AGENDA ITEMS: Public input was received on Item A3, A9 and A22 (see discussion under those 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 27, 1998. Council Member Lopez seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A23: On motion by Mayor Daly, seconded by Council Member Lopez, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Mayor Daly offered Resolutions Nos. 98R-11 through 98R-13, both inclusive, for adoption. Refer to Resolution Book. 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 Lillian Lindo for property damage sustained purportedly due to actions of the City on or about September 25, 1997. b. Claim submitted by Linda Francis for property damage sustained purportedly due to actions of the City on or about October 14, 1997. c. Claim submitted by Ruth Mercado for property damage sustained purportedly due to actions of the City on or about September 22, 1997. d. Claim submitted by Scott Cramer c/o Northern Sun Merchandising for property damage sustained purportedly due to actions of the City on or about November 13, 1997. e. Claim submitted by Janice L. Spitzer for property damage sustained purportedly due to actions of the City on or about October 18, 1997. f. Claim submitted by El Torito Restaurants, Inc. for property damage sustained purportedly due to actions of the City on or about August 8, 1997. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 27, 1998 g. Claim submitted by Guadalupe Gutierrez for property damage sustained purportedly due to actions of the City on or about November 13, 1997. A2. 105: Receiving and filing minutes of the Community Services Board meeting held December 11, 1997. 105: Receiving and filing minutes of the Senior Citizens Commission meeting held December 11, 1997. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held December 3, 1997. 105: Receiving and filing minutes of the Mother Colony House Advisory Board meeting held November 7, 1997. 156: Receiving and filing the Anaheim Police Department Crime Statistical Report for the month of December, 1997. 112: Receiving and filing the Supplemental Law Enforcement Services Funds (SLESF) Report for the month of December, 1997, as submitted by the City Treasurer. 117: Receiving and filing the Investment Portfolio Report Executive Summary for the month of December, 1997, as submitted by the City Treasurer. A3. 124: Awarding a contract to the lowest responsible bidder, Hensel Phelps Construction Company, in the amount of $116,577,000 for Anaheim Convention Center Enhancement Project - Step II; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. Council Member Tait asked for a staff report on this item. Gary Johnson, Director of Public Works and City Engineer. Bids were opened on the Convention Center expansion and renovation on December 18, 1997. Tonight, staff is recommending award of the Step II construction contract to Hensel Phelps Construction Company. The project is within their program budget and will fill the balance of the program laid out by Coopers and Lybrand in the Feasibility Study (on the Convention Center expansion) conducted approximately two years ago. Council Member Tait. He knows the original estimate was somewhat less. His understanding is that part of that difference will be made up by the Visitor and Convention Bureau. The Bureau has agreed to contribute part of their budget. City Manager, James Ruth. They have received a letter from the Visitor and Convention Bureau, Charles Ahlers, Executive Director committing to $500,000 a year beginning in 2001 and throughout the remainder of the bond issue. Council Member Tait. He asked that his appreciation be extended to the Visitor and Convention Bureau for helping this to come about. It is a big day for Anaheim. He also congratulated staff. At the end of the Consent Calendar, the Council voted unanimously to award the contract to Hensel Phelps Construction. Later in the meeting (approximately 6:15 after the Council had awarded the contract), the following people asked to address the Council on this issue and their comments summarized: ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 27, 1998 Mr. Paul Rich, 311 N. Pine, Anaheim (37 years) - IBEW LOCAL #441. He is an electrician and is present to voice his concern about a subcontractor on the subject award, Helix Electric. He thereupon submitted a group of documents relating to his concern and justifying his belief that they are not responsible. There are approximately $500,000 worth of fines against them and it is being considered that they be "kicked off" the bid at Los Angeles City Hall tomorrow morning. Disneyland has refused to let them work at the park. Mayor Daly. The documents will be made available to the City Attorney and Public Works Department to look over. They will ask the City Manager to get back to the Council on their evaluation. Council Member Zemel asked of his interest in the matter; Mr. Rich. He is an electrical worker and his interest is to get local people to do the work. Helix is known to hire people out of state and bring them in. He has learned from people who have worked for Helix that they have cheated on wages and material. He clarified for Council Member Zemel that he is not a former disgruntled employee (of Helix). He would like the Council to review the material submitted and consider it as well as consider the other cities that have kept them out. He did meet with Public Works briefly yesterday and gave them the same packet he submitted tonight. Mayor Daly. The Council has already acted to award to the low bidder. He asked the City Attorney and City Manager to advise them on any of the material presented and what steps if any, the City has. City Attorney White. The law requires the City to award to the lowest responsible bidder. In determining responsibility, they look to the general contractor. All subcontractors are required to pay prevailing wages whether union or non-union. They are required to submit a certified payroll demonstrating that they have done so. If they do not, the City is required to monitor the situation and impose penalties if in violation. Both State law and implementation of the State law by their prevailing wage rate resolution is meant to protect the public to be assured the general contractor and all subs are responsible and prevailing wages paid. Looking at the bids received, he has no basis to say the low bidder is not responsible. The City would have a serious problem if they were to attempt to not award to the lowest bidder based upon the fact that a subcontractor may have had prevailing wage problems on other jobs. They are required to comply with the law and the law requires them to pay those wages. He reiterated, they have to submit certified payrolls. Ray Vandernet. He is the labor attorney that represents the working men and women of IBEW and also represents the non-working men and women who as local residents would like to have a chance to earn a living and work on this job. The problem is they do not get a chance and the reason is because Helix is a known labor law violator. The City Attorney stated it is their obligation to go ahead and award to the lowest responsible bidder. He agrees, but the Supreme Court and Courts of Appeal have ruled that does not always mean the lowest cost bidder. Mr. Rich has provided some of the documents that go behind the bid documents and show the track record Helix Electric has. He then briefed a number of violations that were documented and, in concluding, stated that unemployed Union members are having a difficult time competing when the track record shows they are not going to comply with the law. He asked that they review the allegations before the award becomes final. City Attorney White. The City Council has awarded the contract. He is not even sure what this discussion is about at this point. Not only was the documentation given to the City just tonight, but after the Council had already taken the action. It is an affront to the Council for a group to come in and present information after the Council has already taken action. It is not a simple matter of saying they do not think the low bidder should get the contract and instead give it to somebody else. A very lengthy and time-consuming process is involved if the Council were to make that decision and ultimately end up in litigation between the City and the low bidder. He has heard nothing against the general contractor but one subcontractor. He is not sure what Council would like staff to review and to bring back because the action has been taken. Staff that was present and who were directly involved left after the action was taken. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 27, 1998 Mayor Daly. His suggestion is to simply review the materials and apprise the Council of the findings. He made no suggestion of anything beyond that. City Attorney White. He will be happy to do that; Council Member Lopez. That is what he would like also. David Lawhorn, 1550 W. Crone, Anaheim. With a $116 million dollar project, he would think they would want to take a look at the responsible bidder and also want to look at the subcontractors especially if the information supplied does warrant some action. Mayor Daly. There will be an evaluation done by City staff relative to the paperwork submitted. A4. 169: Awarding a contract to the lowest responsible bidder, Mobassaly Engineering, Inc., in the amount of $183,424.52 for Crescent Avenue Street Improvements Project from Gilbert Street to Magnolia Avenue; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A5. 167: Awarding a contract to the lowest responsible bidder, C.T. & F., Inc., in the amount of $229,129.50 for Caltrans District 12/Anaheim Traffic Management Center Fiber Optic Intertie; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A6. 169: Awarding a contract to the lowest responsible bidder, All American Asphalt, in the amount of $252,665.64 for Santa Ana Canyon Road Street Improvements from 3700' west of Weir Canyon Road to Fairmont Boulevard; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A7. 164: Awarding a contract to the lowest responsible bidder, Steve Casada Construction Co., in the amount of $264,000 for Manchester Avenue/Anaheim Boulevard/Clementine Street Sewer Improvements within the I-5 Freeway Widening (Sewer A10 and A11); and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A8. 164: Approving an increase to the Public Works Department FY 1997-98 Capital Improvement Budget, in the amount of $418,000; and releasing the low bidder, Seven C's Construction, Inc., from the bid for Gilbert Street Sewer Maintenance Deficiency Improvements. 164: Awarding the contract to the lowest responsible bidder, Paulus Engineering, in the amount of $346,118.84 for Gilbert Street Sewer Maintenance Deficiency Improvements from Lincoln Avenue to Orange Avenue; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A9. 123: Accepting the $25,000 from the U.S. Department of Energy and the City of Chicago to develop a public education program for the EV Quick Charge Program; and approving an Agreement with The Planning Center for $73,500 to administer the EV Quick Charge Program. Council Member Zemel. He is registering a no vote on this item which appears to be consistent with his previous prediction when the City accepted the $100,000 in grant money from Measure M money from OCTA to start building charging stations for a private enterprise corporation. He feels this is just more U.S. tax dollars to go towards that "pot". He is voting no again to be consistent in the hopes it will encourage private investment. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 27, 1998 Mayor Daly abstained on this item. A10. All. A12. A13. A14. A15. A16. A17. A18. A19. A20. 164: Approving Contract Change Order No. 1, in the amount of $73,250 in favor of Steve Bubalo Construction for the I-5 Freeway Sewer Relocation Improvements Segment C. 123: Approving and authorizing the Mayor and City Clerk to execute Cooperative Agreement No. C-7-0484 with Orange County Transportation Authority for improvements on West Street for the I-5 Freeway widening project. 123: Approving and authorizing the Mayor and City Clerk to execute Caltrans District Agreement No. 12-325 for transfer of right-of-way title and obligation for improvements on West Street for the I-5 Freeway widening Segment B project. 123: Authorizing the Purchasing Agent to exercise the renewal of an Agreement with Western Maintenance Services, for an additional two years beginning April 1, 1998, for custodial services, in accordance with Bid #5116. 160: Accepting the low bid of Barre Engineering and Construction, Inc., in an amount not to exceed $49,493 for the removal/replacement of one 1,000 gallon underground tank, and the possible removal of contaminated soil, at the Convention Center, in accordance with Bid #5741. 153: Approving an increase in the mileage reimbursement rate from 31.5 cents to 32.5 cents per mile to match the increase approved by the Internal Revenue Service for 1998, in accordance with the Memoranda of Understanding for the various employee bargaining units. 123: Authorizing the City Treasurer to execute a license agreement with SymPro, Inc., for Treasury Management Software. 156: Accepting ten EV Warrior Electric Bicycles as a donation from the Southern California Edison Company for use by the Police Department. 153: Approving the 1998 renewal rates for the Kaiser "Q" Health Plan of $122.47 for single coverage and $326.26 for family coverage, effective March 1, 1998, (Part-time Service Employees International Union - Local 1877); and authorizing the Human Resources Manager to sign the renewal Agreement on behalf of the City. 123: Approving a one-year extension to the previously approved Agreement with Accountemps, a division of Robert Half International, Inc., and authorizing the Human Resources Director to execute such Agreement for the acquisition of temporary personnel services. 153: RESOLUTION NO. 98R-11: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A MEMORANDUM OF UNDERSTANDING ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE CLERICAL EMPLOYEES UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION. 153: RESOLUTION NO. 98R-12: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A MEMORANDUM OF UNDERSTANDING ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE GENERAL EMPLOYEES UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 27, 1998 A21. 153: RESOLUTION NO. 98R-13: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADJUSTING RATES OF COMPENSATION AND ESTABLISHING PAY POLICIES FOR CLASSIFICATIONS DESIGNATED AS CONFIDENTIAL AND SUPERSEDING RESOLUTION NO. 94R-51 AND AMENDMENTS THERETO. (CONFIDENTIAL JOB CLASSIFICATIONS, EFFECTIVE JANUARY 9, 1998.) A22. 129: Authorizing the reissuance of the Request for Proposals for emergency transport services, and conducting the process per the schedule submitted by the Fire Department. Council Member Zemel. This is an RFP for the single most important public safety activity that they outsource, the ambulance service in Anaheim. Not only does Anaheim have the largest population (300,000) but also 38 million visitors each year. At this time, he would like to ask some questions. He had sent a memo to the City Manager recently in which he discussed three areas of concern and on which he also spoke briefly to Fire Chief Bowman: disaster preparedness, community involvement/education, and overall resources of the system provider. In speaking with the Chief, it was agreed there was no immediate need to do this, to send out the RFP's this week, and additionally there might be other opportunities to look at this in a study session. He would like to have a format where there is give and take and a panel of people to work from. The Chief was adamant in pointing out the Council will decide this public policy issue, it takes three votes, and he is amenable to whatever the Council decides. An extensive line of questioning was then posed by Council Member Zemel and comments made relating to the following issues which were answered/discussed by Fire Chief, Jeff Bowman and/or City Manager Ruth: the grading/rating tool or guideline that was included in the original RFP and why it was not included in this one, a specific plan to meet the City's objectives and goals as opposed to asking providers what they think, pass/fail requirements, reimbursement to the City for medical supplies, specific criteria to educate the community, why there was not an opportunity for a workshop on the issue. At the conclusion of the extensive discussion and questioning, Council Member Zemel emphasized that they ought to be telling providers what they have to do as opposed to having them tell the City. He feels that only comes out of interaction between Council and staff. That is why he is disappointed that they have not had an opportunity for a workshop. It calls for a lot of public policy. He asked if there was an objection to a study session or work session. Fire Chief Bowman. He does not specifically have an objection; Council Member Zemel. He believes they have the opportunity to dictate what the providers have to do as well as the opportunity to educate the community. This is a new contract the City is going to enter into and an opportunity to set public policy as to how the Council feels. That is what elected officials are supposed to do. He again asked why not a workshop. Chief Bowman. He believes that the staff work that has gone into this RFP has been extensive. It has been submitted for Council consideration and issuance. He personally does not believe a workshop is necessary but he is not opposed; Council Member Zemel again emphasized that this should be driven by the publicly elected officials to at least have an opportunity to say they wholeheartedly agree. He asked who the people are who are going to be on the grading panel. Chief Bowman stated that to date, they have opted to keep that confidential as discussed with the City Manager for the protection of the panelists. They do not think it appropriate if word gets out that they then be contacted in advance of the oral presentations; Council Member Zemel questioned how the governing body is to know who the qualified, or unqualified, people are. Chief Bowman. He started to explain that he has submitted a report to the City Manager given to him by staff along with his concurrence and that he discussed it with the City Manager when Council Member Zemel interjected and expressed his concern that the governing body is not going to know who the people are that will decide who will have the largest, most important outsourcing of public safety. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 27, 1998 City Manager Ruth. He does not recall in all his years of public service that a City Council ever asked to know who specifically was going to be on an interview or evaluation panel. Ultimately, the City Council is the policy maker and will have the opportunity to review the recommendations by staff. The panel is not going to be making the final decision but giving their best professional advice based on their many years of experience. They have been selected because they have tremendous experience in this field as experts to objectively evaluate all the proposals and come forward to the City Council with a recommendation. After further discussion and debate, Council Member Zemel moved to have a workshop study session within the next 60 days so that the Council can have the opportunity, one on one, to discuss the issues, whether or not they should know who the evaluating panel is, and clear up the uncomfortableness about the issues in order to move forward positively and that the current service be continued along with collecting the $194,000 (current annual expenditure). He added, he is looking for a forum where the public and providers can participate. Mayor Daly. He will be speaking against the motion. Council Member Lopez stated he would not support that motion but a counter motion of a continuation of this item for one or two weeks so that Council Member Zemel can work with staff, the City Manager and anyone else about the qualifications of the raters. He does not have a concern. He would not mind knowing the qualifications, not the names. He would support a two-week continuance but not more than two weeks. Mayor Daly. It was determined that there was no second to Council Member Zemel's motion. Further, the Fire Department staff has gone to great lengths to package a fair, competitive bidding process. The ambulance contract in Anaheim has never been put out to competitive bid and what this discussion is about is competitive bidding. It is time to move forward and do that and continued delays in getting the documents out to potential bidders postpones competitive bidding. There is a pattern here of delaying going out to bid. He is concerned about that and also that the integrity of the Fire Department management has been questioned in terms of their ability to package a fair Request for Proposal. He intends to support the recommendation on the agenda. It is a well researched and fair recommendation and the right thing to do for the City. Council Member Tait. He does not question at all the integrity of the Fire Department. He feels it will be helpful to have a work session rather than comments being made in private but that 60 days may be too long. He suggested perhaps a three-week continuance. He also has some questions. Council Member Zemel. He offered another motion -- that this item be continued 30 days with a workshop to take place within three weeks. Council Member Tait seconded the motion. Mayor Daly. It begs the question if there is a desire for a workshop and, if so, that it be held in seven days (one week from today); Council Member Lopez agreed with a workshop in one week. and that the length of time for continuance be two weeks. MOTION. Council Member Zemel amended his motion that this item be continued two weeks with a workshop to be held next Tuesday. Council Member Lopez seconded the motion. Before a vote was taken, Mayor Daly again expressed his concern that he feels this is nothing but an attempt to delay competitive bidding long overdue; Council Member Zemel stated it is not against competitive bidding but that public policy be part of the process. Council Member McCracken asked if there is a workshop will it be like the other Council workshops where staff presents the material and the Council has an opportunity to ask questions. She noted that Council Member Zemel made some comment about providers being able to discuss the matter and that has not been the format with other workshops. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 27, 1998 Council Member Zemel. There has always been an opportunity for public input. He is suggesting that the workshop be exactly the same as all other workshops. A vote was then taken on the foregoing motion that a workshop be held in one week (February 3, 1998) on the issue and that it again be on the agenda for a Council decision in two weeks (February 10, 1998). Mayor Daly voted No. MOTION CARRIED. A23. 114: Approving minutes of the Anaheim City Council meeting held January 6, 1998. Roll Call Vote on Resolution Nos. 98R-11 throuclh 98R-13, both inclusive, for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 98R-11 through 98R-13, both inclusive, duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. A24. 102: APPOINTMENT TO THE ORANGE COUNTY VECTOR CONTROL: To consider the list of applicants, and appointing one citizen to represent the City on the Vector Control Board of Trustees. This item was continued from the meeting of January 13, 1998 (Item A17) to this date. Council Member McCracken nominated George Edwards. 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, George Edwards was appointed as the City's representative on the Vector Control Board of Trustees. MOTION CARRIED. A25. 105: RESIGNATION/APPOINTMENT - ANAHEIM LIBRARY BOARD: Accepting the resignation of Mary Louise Pekar from the Anaheim Library Board and appointment to the unexpired term ending 6/30/98. By general Council consent, the resignation of Mary Louise Pekar was accepted. Mayor Daly nominated Burton Fink who is well qualified having served with the Friends of the Library and also the Anaheim Library Foundation. MOTION. On motion by Council Member Tait seconded by Mayor Daly, nominations were closed. MOTION CARRIED. 10 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 27, 1998 MOTION. On motion by Mayor Daly seconded by Council Member Lopez, Burton Fink was appointed to the Anaheim Library Board for the unexpired term ending June 30, 1998. Council Member Zemel abstained only because he does not know Mr. Fink. MOTION CARRIED. ITEMS B1 - B6 FROM THE PLANNING COMMISSION MEETING OF JANUARY 5, 1998: INFORMATION ONLY- APPEAL PERIOD ENDS JANUARY 27, 1998: B1. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3983, AND NEGATIVE DECLARATION: OWNER: J.D. Gantes Airport Properties, P.O. Box 80340, Rancho Santa Margarita, CA., 92688 AGENT: Jack Abi, 170 N. Maple Street, Suite 103, Corona, CA 91720 LOCATION: 8295 East Santa Ana Canyon Road - Bur.qer Kin.q. Property is 2.33 acres located at the northwest corner of Santa Ana Canyon Road and Weir Canyon Road. To construct a second story 1,309 square foot indoor playground for an existing drive-through restaurant (3,724 square feet total) within a commercial retail center with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3983 GRANTED (PC98-1) (6 yes votes, 1 absent). Approved waiver of code requirement. Approved negative Declaration. A review of the Planning Commission's decision was requested by Council Member Lopez concurred in by Mayor Daly, and therefore, a public hearing will be scheduled at a later date. Council Member Lopez. His main concern is the parking situation and waiver of the parking could be a problem. B2. 179: VARIANCE NO. 4319, CATEGORICALLY EXEMPT, CLASS 5: OWNER: Leif and Mitzi Christensen, 2845 East South Street, Anaheim, CA., 92806 LOCATION: 2845 East South Street. Property is 0.17 acre located on the north side of South Street, 560 feet west of the centerline of Rio Vista Street. Waivers of minimum front yard setback and minimum side yard setback to retain an existing 144 square foot wood trellis attached to the garage, and a 126 square foot patio cover in the side yard. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4319 DENIED (PC98-2) (6 yes votes, 1 absent). Categorical Exemption, Class 5 DENIED. An appeal of the Planning Commission's decision was submitted by the property, Leif Christensen, 2845 E. South Street, Anaheim, Ca. 92806, in letter dated January 26, 1998 and, therefore, a Public Hearing will be scheduled at a later date. 11 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 27, 1998 B3. 179: CONDITIONAL USE PERMIT NO. 3873, AND NEGATIVE DECLARATION: OWNER: CCS FERS Stadium Business (3), Inc., Attn: Bruce McDonald, 1939 S. State College Blvd., Anaheim, CA 92806 AGENT: Trammel Crow Company, ^ttn: Bruce Mc Donald, 1939 S. State College Blvd., Anaheim, CA 92806 LOCATION: 1939 South State Colle.qe Boulevard - HoD City Blues and Brew Restaurant. Property is 16.97 acres located at the southwest corner of Gene Autry Way and State College Boulevard. To permit public entertainment in conjunction with a previously-approved restaurant (which originally included an accessory microbrewery) with sales of alcoholic beverages for on-3remises consumption. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3873 APPROVED amendment to CUP NO. 3873, to expire 1/5/99 (PC98-3) (6 yes votes, 1 absent). Negative Declaration previously approved. B4. 179: CONDITIONAL USE PERMIT NO. 3878, AND NEGATIVE DECLARATION: OWNER: Thrifty Oil #191, A California General Partnership, 10000 Lakewood Blvd. Downey, CA 90240 AGENT: Tait & Associates, Attn: Jose Gandata, Project Manager, 1100 Town & Country Rd., Suite 1200, Orange, CA 92868 LOCATION: 2101 South Harbor Boulevard. Property is 0.52 acre located on the southwest corner of Orangewood Avenue and Harbor Boulevard. To amend or delete a condition or approval pertaining to landscaping requirements and review and approval of final landscape and sign plans. ACTION TAKEN BY THE PLANNING COMMISSION: Approved amendment to conditions of approval for CUP NO. 3878 (PC98-4) (6 yes votes, 1 absent) - approved final landscape and sign plans, in part. Negative Declaration previously approved. B5. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3954 AND MITIGATED NEGATIVE DECLARATION: OWNER: Brunswick Corporation, Attn: Richard O'Brien, 1 North Field Court, Lake Forest, Illinois 60045 AGENT: James Choi, 19200 S. Pioneer Blvd., Cerritos, CA 90703 LOCATION: 1111 North Brookhurst Street - formerly Circle Seal. Property is 13.52 acres located on the west side of Brookhurst Street. To amend previously-approved plans for a church facility to permit an additional 19,250 square feet of building area, for a total of 100,990 square feet with waivers of (a) minimum landscaped setback adjacent to a freeway right-of-way - APPROVED, (b) minimum setback of institutional uses adjacent to a residential zone boundary - DENIED, and (c) maximum structural height - APPROVED. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3954 APPROVED, IN PART, the amendment to the previously approved plans (PC98- 5) (6 yes votes, 1 absent). Waiver of code requirement APPROVED, IN PART, Waiver (a) APPROVED, Waiver (b) DENIED on the basis that it was deleted following public notification, and Waiver (c) APPROVED. Negative Declaration previously approved. 12 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 27, 1998 REPORT AND RECOMMENDATION ITEM: B6. 179: CONDITIONAL USE PERMIT NO. 3920 - REQUEST FOR DETERMINATION OF SUBSTANTIAL CONFORMANCE AND FINAL PLAN REVIEW, AND NEGATIVE DECLARATION: LOCATION: Property is located at the southwest corner of Roosvelt Road and Santa Aria Canyon Road The Anaheim Hills Festival. OTR Ohio General Partnership, c/o Donahue Schriber, 3501 Jamboree Road, #300, Newport Beach, CA 92660 requests determination of substantial conformance and final plan review for a previously-approved health club facility. ACTION TAKEN BY THE PLANNING COMMISSION: Determined to be in substantial conformance with previously approved plans for CUP NO. 3920 - approved final plans with provisions. Negative Declaration previously approved. END OF THE PLANNING COMMISSION ITEMS FROM JANUARY 5, 1998. ITEMS B7 - B10 FROM THE PLANNING COMMISSION MEETING OF JANUARY 21, 1998: INFORMATION ONLY- APPEAL PERIOD ENDS JANUARY 30, 1998: B7. 155: ENVIRONMENTAL IMPACT REPORT NO. 313 (Prev.-Certified) FINAL SITE PLAN REVIEW NO. 97-16 - REQUEST FOR REVIEW AND APPROVAL OF A FINAL SITE PLAN TO INSTALL NEW LANDSCAPING AND TO RECONSTRUCT THE MAIN ENTRANCE DRIVEWAY OF AN EXISTING HOTEL: David Aramaki, 1221 South Harbor Blvd., Anaheim, CA 92805, requests review and approval of a Final Site Plan, to install new landscaping and to reconstruct the main entrance driveway of an existing hotel. Property is located at 1221 South Harbor Blvd. - Holiday Inn Anaheim Center. ACTION TAKEN BY THE PLANNING COMMISSION: Approved final site plan (4 yes votes, 3 absent). EIR NO. 313 (previously certified) approved. BS. 134: COUNTY OF ORANGE HEALTH CARE AGENCY - REQUEST TO DETERMINE CONFORMANCE WITH THE ANAHEIM GENERAL PLAN FOR THE PROPOSED OFFICE USE OF LEASED SPACE: Douglas M. Giltnet, County of Orange Health Care Agency, 515 North Sycamore, Room 618, Santa Aria, CA 92701, requests determination of conformance with the Anaheim General Plan for the proposed lease of additional office space for the County of Orange Children and Youth Services Mental Health Unit. Property is located at 1535 East Orangewood Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: Determined to be conformance with the Anaheim General Plan (4 yes votes, 3 absent). B9. 170: TENTATIVE PARCEL MAP NO. 97-201 RECLASSIFICATION NO. 97-98-07 VARIANCE NO. 4327 CEQA NEGATIVE DECLARATION: OWNER: Lois Hightshoe, 1250 South Nutwood Street Anaheim, CA 92804 LOCATION: 1250 South Nutwood Street. Property is 0.5 acre located at the northeast corner of Castle Avenue and Nutwood Street. 13 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 27, 1998 Waivers of minimum lot area and minimum lot width to establish a 3-lot single-family residential detached subdivision and to reclassify subject property from the RS-A-43,000 (Residential/Agriculture) to the RS-7200 (Residential, Single-Family) Zone. ACTION TAKEN BY THE PLANNING COMMISSION: Tentative parcel map No. 97-201 APPROVED (5 yes votes, 2 absent). Reclassification No. 97-98-07 GRANTED (PC98-9). NOTE: RECLASSIFICATION NO. 97-98-07 HAS A 22-DAY APPEAL PERIOD WHICH EXPIRES ON FEBRUARY 12, 1998. Variance No. 4327 WITHDRAWN. Approved Negative Declaration. B10. 155: ENVIRONMENTAL IMPACT REPORT NO. 281 (PREV.-CERTIFIED) VESTING TENTATIVE TRACT MAP NOS. 13513 AND 13515 AND TRACT NO. 13514 - REVIEW AND APPROVAL OF FINAL SITE PLANS: OWNER: Standard Pacific, Attn: Mike White, 1565 W. MacArthur Blvd., Costa Mesa, CA 92626 LOCATION: Development Area 101 of the Summit of Anaheim Hills Specific Plan (SP88-2). Property is 65.6 acres located on the east side of Ashfield Lane, 170 feet east of the centerline of Taylor Court. Review and approval of final site plans for Vesting Tentative Tract Map Nos. 13513 and 13515 and Tract No. 13514. ACTION TAKEN BY THE PLANNING COMMISSION: Approved final site plans for Vesting Tentative Tract Map Nos. 13513 and 13515; and Tract No. 13514 (4 yes votes, 3 absent). EIR NO. 231 (previously certified) approved. END OF THE PLANNING COMMISSION ITEMS FROM JANUARY 21, 1998. C1. REPORT ON CLOSED SESSION ACTIONS: City Attorney Jack White stated that there are no actions to report. C2. COUNCIL COMMENTS: Council Member Zemel. Last Saturday at the workshop on the budget, he mentioned the adult business task force (Sex Oriented Businesses - SOB) going forward and in midstream they might not be able to hire new Police Officers to fill any particular assignment that the task force recommends to the City Council. He talked about finding ways to move people around and asking the Chief to look into a few things. One idea he (Zemel) came up with was the potential of privatizing the background searches. The Marshal of Orange County is just going to that system and are right now looking to bringing down the cost of background searches. Costa Mesa and a couple or three other cities are doing the same. He would like to get an idea of what it would cost and if there is a cost savings. He realizes there are several different stages and possibly privatizing should be done in only one or two of those stages. It may free up 1, 2, or 3 officers for the SOB projects that they are possibly going to be recommending to the Council. 14 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JANUARY 27, '1998 Council Member Zemel. Two or three weeks ago, he held up a brochure sent out to eve~ citizen in Anaheim saying the Council imposed a (state-mandated public benefits fee) utility tax. He asked Assistant City Manager, Dave Morgan for a report and is not aware that he has received it. It could possibly be in the stack of material he has yet to go through. City Manager Ruth. He stated that it probably is since a report was submitted about a week ago; Council Member Zemel. He will look at it and discuss more later. Council Member Zemel. He referred to the Eli Home and some of the issues going on with the neighbors calling the Police, Code Enforcement and Deputy City Manager, Tom Wood got together with him and they discussed what was going on with Cede Enforcement. His ceoncem was the Police responding to calls for illegal fund misers and things like that, not Police issues. He ran into the Chief the other night and the Chief was not aware that he (Zemel) was concerned about that. He asked that the matter be looked into one more time. City Manager Ruth. He has a report he just got from the Chief on all the calls to Eli Homes in the last three months showing the nature of the calls, why the City responded and what took place. He will be reviewing that and will be happy to discuss it with him (Zemel). Council Member Tait. Request for Proposals are out for partnering, sale or lease of the Utilities. In the City Charter, if they sell or lease, it requires a 2/3's vote of the electorate which was a provision put in the Charter at a time before deregulation. He questioned if that diminishes the flexibility on what they can do. He would like to agendize for next week discussion of a possible ballot measure to change the 2/3's requirement to a simple majority. Mayor Daly. He received in the mail information from a company that manufactures defibrillators used in cardiac arrests. It prompted him to wonder if the Paramedics have such devices. He asked the City Manager to report back on what steps they are taking and what equipment is available in the Anaheim Fire Department now in the case of cardiac arrest. According to the brochure it says results are dramatically enhanced with this type of equipment which they may already have. He would like to know the status and any other evaluation or recommendation after talking to the Fire Chief. ADJOURNMENT: By general Council consent, the City Council Meeting of January 27, 1998 was adjourned (6:32). LEONORA N. SOHL CITY CLERK 15