Loading...
1997/10/07ANAHEIM, CALIFORNIA- CITY COUNCIL MINUTES OCTOBER 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, Lou Lopez COUNCIL MEMBERS: Bob Zemel CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann M. Sauvageau CIVIL ENGINEER - DEVELOPMENT SERVICES: Natalie Meeks CODE ENFORCEMENT MANAGER: John Poole COMMUNITY DEVELOPMENT DIRECTOR: Lisa Stipkovich TRAFFIC & TRANSPORTATION MANAGER: John Lower ZONING DIVISION MANAGER: Greg Hastings A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 12:00 p.m. p.m. on October 3, 1997 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 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 REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8: Property: 806 North Brookhurst Street Negotiating parties: Anaheim Redevelopment Agency and Home Depot, Mr. Yong Ung Kim, Brookhurst Motor, Inc. Under Negotiation: Price and terms. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 7, 1997 PUBLIC EMPLOYMENT PERFORMANCE EVALUATION: (1996-97 Annual Performance Review) City Manager, City Attorney, City Clerk, and City Treasurer. By general consent, the Council recessed into Closed Session. (3:01 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:10 p.m.) INVOCATION: Reverend Carlos A. Saravia, Primera Inglesia Baptista Hispana, gave the invocation. FLAG SALUTE: Mayor Pro Tem Lou Lopez led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following Proclamation was issued by Mayor Daly and authorized by the City Council: Fire Prevention Week in Anaheim - October 5 - 11, 1997 The Proclamation was accepted by Fire Chief, Jeff Bowman and Robyn Butler, Fire Inspector. Ms. Butler elaborated upon the significance of Fire Prevention Week and also briefed the specifics of the first annual Community Wide Fire Drill that will take place Wednesday, October 8, 1997. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council congratulating Anaheim Hills Golf Course on the occasion of its 25th Anniversary and announcing the month of November as Silver Anniversary Celebration month. The Declaration was accepted by Mr. Ed Klein, Member of the Golf Course Advisory Commission. Mr. Ed Klein. He is accepting the Declaration with a great deal of pride noting that the golf course has come a long way since 1972 through adversity to the success it is today. Revenues from the two Anaheim City courses (Anaheim Hills and Dad Miller) were $1.9 million last year. The courses are significant assets for the City and part of what makes Anaheim a great place to live. Mayor Daly and Council Members thanked Mr. Klein and the members of the Advisory Commission for assisting in making both courses so successful. RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: 1. PROCLAMATION recognizing October 25, 1997, as Make a Difference Day in Anaheim. 2. PROCLAMATION recognizing the Mighty Ducks as they begin their 5th season. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 7, 1997 PROCLAMATION recognizing October 17, 1997, as Hug Day in Anaheim. DECLARATION recognizing the recipients of the North Orange County Business and Professional Women's Organization 1997-1998 Woman of Achievement, Young Careerist, and Golden Nike Awards. PROCLAMATION recognizing October 19, 1997, as Liberty Walk Day in Anaheim. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $7,453,062.03 for the period ending September 29, 1997 and $3,860,901.80 for the period ending October 6, 1997, in accordance with the 1997-98 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:26 p.m.) ADDITIONS TO THE AGENDA: Before proceeding, Mayor Daly noted that as a result of some discussion, the City Clerk has suggested installation of a three-minute clock to assist the Council especially at this point in the meeting. (Time limits for speakers have been established in the Anaheim Municipal Code of 3 minutes per person/10 minutes per issue - Ordinance No. 4787). He asked the time frame on installation; City Clerk Sohl. She will submit a report to the Council as soon as possible. The clock is intended to assist the speaker as well as the facilitator. Mayor Daly. The installation will be a digital clock which will also show a reading at the podium for speakers to see as well. They will look forward to that as a "coming attraction" and will ask the City Attorney to monitor and "referee" it when it is operational. ITEMS OF PUBLIC INTEREST: Tim Marquez, 230 Paseo Pisaro, Anaheim 92807. He is present to congratulate Council Member Lopez for not voting for the Systems and Computer Technology Corporation (SCT) contract last week (see minutes of September 23, 1997) privatizing the City's Information Services Division. To date, none of the employees have been dealt with in a fair manner. The jobs offered are 40-50% less in pay. He explained his own personal circumstances concluding that 20 years as an employee does not seem to count for anything. He asked the Council to reconsider the matter, eventually throw the contract out, and bring the employees back. Mayor Daly. The City Manager, as a part of the implementation of the contract, is keeping the Council apprised of the personnel issues and transition issues involved and the Council will be receiving reports. Larry Likens, Orange County Employees Association (OCEA) He is a representative for the Anaheim Municipal Employees Association (AMEA). He referred to the presentation made by Nick Berardino, OCEA, who spoke at the Council Meeting of September 23, 1997 expressing concern about the City's Information Services Division employees who wanted to stay with the City after contracting out of Information Services. The Mayor expressed concern about how the employees would be treated and the City Manager assured the Mayor/Council he would do everything he could. He then relayed some examples of the things that had thus far been done which he feels have been injustices to the employees. The Council needs to get personally involved in the placement of the employees who have dedicated their lives to the service of Anaheim but lost their jobs through no fault of their own. The Council has a responsibility to do something. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 7, 1997 Nelda Marquez, 230 Paseo Pisaro, Anaheim 92807. She "chastised" the Council for doing what they had done to the City employees in entering into the contract with SCT and not taking into consideration the adversity it brings to long-time employees and their families. Her husband has been relegated to the position of Office Specialist, well below his present classification. She was also a dedicated City employee for 14 years but has been out of work from the City since 1994. She explained the reasons why. She asked the Council to reconsider their position and to look at the matter differently realizing how they have impacted the families involved. Mayor Daly. It is unfortunate but necessary when someone is in public office to make difficult decisions. It is painful to endure personal attacks. Taxpayer funds are allocated and the Council does the best it can to serve the community at large. PUBLIC COMMENTS - AGENDA ITEMS: Public input was received on Item A16 (see discussion under that item). MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of October 3, 1997. Mayor Pro Tern Lopez seconded the motion. Council Member Zemel was absent. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A19: On motion by Mayor Daly, seconded by Mayor Pro Tem 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. 97R-184 and 97R-185, for adoption. Mayor Daly offered Ordinance No. 5618 and 5619 for introduction. Refer to Resolution/Ordinance Book. Al. 105: Receiving and filing minutes of the Golf Advisory Commission meeting held August 28, 1997. A2. 175: Awarding a contract to the lowest responsible bidder, Pouk & Steinle, Inc., in the amount of $1,398,152.87 for I-5 Electric System Relocation for Segment A2/A5; and in the event said Iow bidder fails to comply with the terms of the award, awarding the contract to the second Iow bidder, as well as waiving any irregularities in the bids of both the Iow and second Iow bidders. A3. 169: Approving Contract Change Order No. 1, in the amount of $58,613.93, in favor of Nobest Incorporated, for the removal and replacement of deteriorated concrete sidewalk on Zeyn Street, between Sycamore Street and La Palma Avenue. A4. 158: Approving the granting of an easement to Pacific Bell for communication facilities located at the Arena; and authorizing the Mayor and City Clerk to sign the easement deed. Council Member Tait. He declared a conflict and will, therefore be abstaining from discussion and voting on this item. A5. 123: Approving the First Amendment to Agreement with UMA Engineering, Inc., in an amount not to exceed $110,000 for Phase II of the Final Plans, Specifications & Engineering Estimates (PS & E) on the Imperial Highway Smart Street Improvements from the Santa Ana River to Santa Ana Canyon Road; and authorizing the Mayor and City Clerk to execute said Amendment. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 7, 1997 A6. 176: RESOLUTION NO. 97R-184: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN STREETS, HIGHWAYS AND SERVICE EASEMENTS, AND SETTING A DATE AND TIME FOR A PUBLIC HEARING TO CONSIDER ABANDONING THAT PORTION OF SABINA STREET BEGINNING AT THE NORTH RIGHT -OF-WAY LINE OF CYPRESS STREET; THENCE NORTH 200.00 FEET AND THAT PORTION OF THE PUBLIC ALLEYS EAST AND WEST OF SABINA STREET, BEGINNING AT THE NORTH RIGHT-OF-WAY LINE OF CYPRESS STREET; THENCE NORTH 200.00 FEET (ABANDONMENT NO. 97-2A). (SUGGESTED PUBLIC HEARING DATE: NOVEMBER 4, 1997, AT 6:00 P.M.) A7. 167: To consider authorizing the Mayor and City Clerk to support the findings and recommendations in the response to the Grand Jury Report on Traffic Signal Preemption. Submitted was joint report dated September 12, 1997 from the Department of Public Works and the Fire Department recommending support of the findings and recommendations in the response to the Grand Jury Report on Traffic Signal Preemption. Also included was letter dated June 20, 1997 from the Orange County Grand Jury and letter dated March 10, 1997 from State Senator Quentin L. Kopp regarding same, i.e., implementation of SB1457 - responding to Grand Jury Reports. Mayor Daly. He asked for a brief report from staff relative to previous actions the Council has taken on this issue. John Lower, Traffic and Transportation Manager. In October, 1993, the Council adopted a resolution (Resolution No. 93R-201) supporting the implementation of traffic signal preemption limited to critical intersections along major fire response routes. He confirmed this is entirely consistent with previous Council actions. Mayor Daly then presented an extensive line of questions which were answered by both Mr. Lower and the City Attorney. City Attorney White explained that as the Mayor had indicated in his comments, the Grand Jury is advisory only but State law has changed recently now requiring cities to provide responses when the Grand Jury sends out reports and asks for such responses on various governmental oversight areas where they have authority to provide recommendations. He realizes this is new to the Council but is probably something they will see more of because of the new State law. Mayor Daly. He questioned why there should be a Board of Directors of OCTA if the Grand Jury is directing how Measure M funds are spent; City Attorney White. They do not have the legal authority to direct or require the City to take any particular action. Mayor Daly. He noted in recommendations to the City Council, (pg. 2 of the Staff Report) it states in part, "Instruct Fire Chiefs to participate .... ". The City cannot instruct other Fire Chiefs but its own. He also questioned where the Grand Jury is getting their staff work done since clearly someone has been spending time with them; City Attorney White. He stated that staff can get that information. After further questions by Mayor Daly for purposes of clarification, he (Daly) stated that he does not want to send the message back to the Board that the City is buying into something without understanding all the costs and the traffic implications for the City. Council Member Lopez. He suggested that the matter be continued to get more information. He asked if there was a problem doing so. John Lower. There is no problem. The five recommendations staff was responding to (see pg. 2 of the Joint Staff Report dated September 12, 1997) were verbatim from the Grand Jury Report. Mayor Daly. He reiterated he wants to understand what they are buying into. They need to have more time. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 7, 1997 MOTION. Council Member Lopez moved to continue this item for two weeks to October 21, 1997. Council Member Tait seconded the motion. Before a vote was taken, Mayor Daly stated he would like to know what prompted the Orange County Grand Jury to get involved in what is pretty straight forward municipal policy decisions and also more detail on the law that requires cities to respond; City Attorney White. Staff will provide that. A vote was then taken on the foregoing motion. Council Member Zemel was absent. MOTION CARRIED. Before concluding, the Mayor also asked for more information relative to the number of intersections that would be candidates for signal preemption as outlined in the 1993 resolution (93R-201). A8. 155: Approving and adopting a Negative Declaration of Environmental Impact, pursuant to CEQA guidelines, for the street widening along the southeast corner of Anaheim Boulevard and Cerritos Avenue to approximately 450 feet south of Cerritos Avenue to provide a right-turn lane. A9. 160: Accepting the Iow bid of Asphalt Management, Inc., in an amount not to exceed $69,740 for reconstruction of the parking lot at Brookhurst Community CentedBrookhurst Park, in accordance with Bid #5706. Al0. 160: Accepting the bid of The Okonite Company, in an amount not to exceed $62,097 for 20,000 feet of 15KV underground distribution cable, in accordance with Bid #5705. All. 160: Accepting the Iow bid of AVO International, in the amount of $71,050 for two PFL-4000 Cable Fault Locator Systems, and two SD 3000 Surge Detector Systems, in accordance with Bid #5703. A12. 123: Approving an Attorney Services Agreement with Mayer, Coble & Palmer to perform legal services on behalf of the City on an as-needed basis. A13. ORDINANCE NO. 5618: (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 1.13.070, 4.08.090, 4.12.010, 4.12.060, 4.29.220, 4.82.150, 4.90.160, 4.97.180, 4.98.080, 6.04.100, 6.42.150, 6.44.170, 6.60.060, 7.24.080, 7.32.100, 9/04.080, 10.08.140, 10.18.160 AND 15.12.190 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PUNISHMENT FOR CONVICTION OF MISDEMEANOR FOR VIOLATION OF VARIOUS MUNICIPAL CODE PROVISIONS. Submitted was report dated September 18, 1997 from the City Attorney recommending enactment of the subject ordinance amending various sections of the Anaheim Municipal Code (AMC) to correct the penalty for misdemeanor violations. Council Member Tait. He noted that the maximum penalty is proposed to be increased from 100 days to six months. Since the violations involved are not of a violent nature, he is concerned that the penalties are too harsh. City Attorney White. The reason for bringing the proposed ordinance forward was for the sake of uniformity. The City Charter was amended about six years ago and previously had a provision that limited fines to $500 which was the State law. Prior to that, the time limit in jail for misdemeanors was 90 days. Some of the City's ordinances were written at a time when those were the maximums. In some cases, they may have been written intentionally to provide a lesser penalty. The only reason for bringing this forward is to make all the code sections uniform -- not to say they would ever seek to impose a maximum penalty. The sole reason is to bring all of the sections in the AMC into uniformity as to what the penalty provision would be. He does not feel strongly if Council decides to keep it the way it is. It is just a uniformity issue to clear up the code. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 7, 1997 Council Member Tait. He could not imagine anyone going to jail for 100 days or six months for a pinball machine or news rack. He is going to move to deny this as being too overly harsh. City Attorney White. Since this is an ordinance for introduction only at this time, if Council wished, by motion, they could deny the introduction and remove it from the agenda and then it would not appear again, or introduce it and it would show up on the next agenda and the Council could act at that time. Mayor Daly. If the ordinance is introduced, it will be back to the Council for second and final reading in two weeks; City Attorney White. If adopted, it will go into effect 30 days after that. Mayor Daly. He noted this would "beef up" some of the punishments for conviction of certain misdemeanors. He offered the ordinance for first reading. ORDINANCE NO. 5618: (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 1.13.070, 4.08.090, 4.12.010, 4.12.060, 4.29.220, 4.82.150, 4.90.160, 4.97.180, 4.98.080, 6.04.100, 6.42.150, 6.44.170, 6.60.060, 7.24.080, 7.32.100, 9/04.080, 10.08.140, 10.18.160 AND 15.12.190 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PUNISHMENT FOR CONVICTION OF MISDEMEANOR FOR VIOLATION OF VARIOUS MUNICIPAL CODE PROVISIONS. Even though a vote is not required at this time, Council Member Tait stated he was voting no. A14. 123: Authorizing the City Treasurer to execute a Termination Notice for the Institutional Custodial Agreement with Wells Fargo/First Interstate Bank; and authorizing the City Treasurer to execute a new Custody Agreement and future amendments, including fee schedule increases not to exceed 5% annually, with Union Bank of California. Council Member Tait. He declared a conflict and will, therefore be abstaining from discussion and voting on this item. A15. 184: RESOLUTION NO. 97R-185: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE CITY OF ANAHEIM EMERGENCY MANAGEMENT PLAN AND APPROVING SUBMITTAL OF THE ANAHEIM EMERGENCY PLAN TO THE STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICE. A16. 107: Authorizing staff to take the necessary steps to relocate the Mother Colony House from its present location at 414 North West Street to a site in downtown at the corner of Olive and Center Streets. (Community Services and Community Development.) Submitted was joint report dated October 7, 1997 from the Community Services Director and the Executive Director of Community Development recommending the subject, relocation. The following person spoke to this item earlier in the meeting under Public Comments on Agenda Items: Charlotte Brady, 2706 N. Vista, Orange. Relative to the relocation of the Mother Colony House, she has no objection but does have a question relative to what the general plan is. The proposed move is to the corner of Olive and Center Streets in the middle of a residential area. One of the big problems at present is the lack of room for tour buses and parking. She feels they are moving the House from the "frying pan into the fire." She is concerned how people living in the area of Olive and Center are going to welcome both shcool and tour buses. There does not seem to be a central plan or whether or not staff is working with other cultural/historical elements in the City to establish a cultural complex which is the direction in which she thought they were headed many years ago. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 7, 1997 Mayor Daly. He asked if she was suggesting that the Mother Colony House might be better located on a more major street with easy bus access and parking. Charlotte Brady. She believes there are other locations that should be looked at. Moving it is a good idea, but there are other locations that could be considered. The Anaheim Museum is working with the Mother Colony House. There are a lot of school buses and tourists who visit the site (Musem and Mother Colony House). They would like to see people coming to Anaheim for more than just sports events and Disneyland but also historical and cultural events. She reiterated her interest is in having a general plan. If there is one, she would like to know what it is. Mayor Daly. He asked for separate discussion on this matter since Council Member McCracken was also intending to comment on it. Council Member McCracken. She has received phone calls on this proposal. She realizes there are problems with the current site due, in part, to the fact that it is in a residential area on West Street. Youngsters come to the site in school buses which causes a congestion problem and tourists also have a problem parking at the site. She informed those who called that there needs to be a proposal for relocation. The concern they have heard from the Mother Colony House Advisory Board (MCHAB), the Museum and the Arts Council, since it is an historical building, is the site at Olive and Center the proper site or is there a plan to have a historical/cultural center. Mayor Daly. He feels it is a good idea to move the Mother Colony House (MCH) to a more prominent location, more convenient to visitors and school children. He believes it is one of the oldest structures in Orange County and because of the age of the home, they need to be very careful if and when it is moved that it is moved to the best possible location where there is maximum benefit to be gained and maximum opportunities for interaction with other historic buildings. Perhaps staff could come back with additional locations or maybe at the end of discussion, the proposed location will be the preferred one. He salutes staff and the various citizen advisory committees for their advice that it be moved to a better and more suitable location. He questions if other locations had been evaluated both in or out of the Redevelopment area and is there an urgency timewise. City Manager Ruth. There is nothing pressing relative to the move. Lisa Stipkovich and Chris Jarvi have been working diligently along with the Library Board. Both are present tonight. Lisa Stipkovich, Executive Director of Community Development. Staff looked at several other sites and can bring back other alternatives; however, they did look long and hard in terms of a location that would be accessible to the public which is a critical element. The proposed location would be adjacent to the Community Center where there will be public parking and a bus drop-off directly in front of the building. It is also adjacent to a registered historical neighborhood and fits in with the homes along Olive. If the Council feels it needs more study and analysis, they will be happy to come back with other alternatives. Council Member Lopez. He asked about the site next to the Museum and the old Post Office site. The Museum is already a designated historical building. Lisa Stipkovich. They have looked at that alternative; however, the Mother Colony House is extremely small in size and would be out of proportion in the scheme of development. They had several site plans drawn that did not seem to work. They also considered some of the operational issues in terms of staffing the house and being in close proximity to other facilities. She reiterated that the house would be out of scale in a commercial area and yet she does not want to put it directly into a neighborhood in order to avoid impacting residents. It is a very difficult site-planning problem. Chris Jarvi, Community Services Director. The MCHAB was concerned about the scale issue which would be a problem next to the Museum. If they did look at other proposals, they would have to go back to the MCHAB to get their input. He can bring back an analysis of what they are trying to achieve. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 7, 1997 Mayor Daly. The process may become more complex because of this but he hopes at the end they can make the best decision for the move. He again commended those involved who have worked on the issue and reiterated from his perspective the move to a new location makes sense but it is a matter of finding the best location. The scale issue is very important and that needs to be considered. Staff will be reporting back with an analysis of other potential locations including the one Council Member Lopez mentioned and perhaps the pros and cons of the other locations evaluated. He asked the appropriate time frame. Lisa Stipkovich. Perhaps staff can schedule individual meetings with the Council Members in order to receive their input and to make sure they are considering sites they have in mind. She feels that 30 days would be appropriate. It was determined that this matter would be submitted to the Council again in 30 days. A17. A18. A19. 130: ORDINANCE NO. 5619: (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING THE AMENDED AND RESTATED FRANCHISE FOR COLLECTION, HANDLING, TRANSPORTATION, PROCESSING, RECYCLING AND DISPOSAL OF CITY SOLID WASTE TO TAORMINA INDUSTRIES, INC. 123: Approving an Agreement with Public Financial Management, Inc., for consulting services to provide financial advisory services to the Public Utilities and Finance Departments; and authorizing the Public Utilities General Manager to execute said Agreement and any related documents on behalf of the City. 114: Approving minutes of the Anaheim City Council meetings held September 9, 1997, and September 16, 1997. Roll Call Vote on Resolution No. 97R-184 and 97R-185 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Lopez, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: Zemel The Mayor declared Resolution No. 97R-184 and 97R-185 duly passed and adopted. Ordinance Nos. 5618 and 5619 were introduced for first reading. END OF CONSENT CALENDAR. MOTIONS CARRIED. (Council Member Tait abstained on Items A4, A7 and A14. Council Member Lopez abstained on Item A7). Council Member Zemel was absent. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 7, 1997 AFTER RECESS: Chairman/Mayor Daly reconvened the Redevelopment Agency Meeting and called the joint Public Hearing between the Agency and City Council to order. (6:15 p.m.) A20. 5:00 P.M. JOINT PUBLIC HEARING 123: ANAHEIM REDEVELOPMENT AGENCY AND ANAHEIM CITY COUNCIL FOURTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT - CYPRESS INFILL/OLIVE INFILL PROJECT: To consider a Fourth Amendment to Disposition and Development Agreement by and between the Anaheim Redevelopment Agency and Kaufman and Broad of Southern California, Inc., which set forth the terms and conditions for the sale and development of certain real property. The Fourth Amendment requires that Kaufman and Broad of Southern California, Inc., construct 61 units, including affordable and market rate townhome and detached single-family homes, on the Additional Parcels. The Additional Parcels have an area of approximately 4.98 acres collectively on six non-contiguous sites. LOCATION: The first property (the "Cypress Infill Parcel") is approximately 3.58 acres and has the following addresses: 300, 304, 304 1/2, 305, 305 1/2, 312, 312 1/2, 314, & 314 1/2 N. Olive Street; 300, 301, 306, 3061/2, 308, 309, 310, 311, 312, 312 1/2, 315 & 317 N. Sabina Street; 424, 605 & 605 1/2 E. Adele Street; 300, 305, 307, 309, 312, 318, 322 & 412 N. Pauline Street; and 411,415,419,421,517, 521 & 527 E. Cypress Street. LOCATION: The second property (the "Olive Infill Parcel No. 2") is approximately .36 acre and has the following addresses: 128 and 202 S. Olive Street. LOCATION: The third property (the "Olive Infill Parcel No. 3") is approximately .57 acres in size and has the following addresses: 203,209, 211 and 215 S. Olive Street. LOCATION: The fourth property is located at 121 S. Atchison Street and is .14 acre. LOCATION: The fifth property is located at 311 N. Pauline Street and is .18 acre. LOCATION: The sixth property is located at 205 N. Helena Street and is .15 acre. Kaufman and Broad of Southern California will construct six townhomes and 41 detached single- family homes on the Cypress Infill Parcel, four townhome units on the Olive Infill Parcel No. 2, seven townhomes on Olive Infill Parcel No. 3 site, one single-family home at 121 S. Atchison Street, one single-family home at 311 N. Pauline Street, and one single-family home at 205 N. Helena Street. It is recommended by the Agency that H.O.M.E. funds be used to assist eligible homeowners to purchase units in this project. Submitted was report dated October 7, 1997 from the Community Development Department recommending approval of the subject First Amendment to the Disposition and Development Agreement (DDA). Lisa Stipkovich, Executive Director of Community Development. She briefed the report noting that this is an amendment that would incorporate several properties that the Agency/City previously authorized her to negotiate for. This simply blends in the subject properties but a hearing is necessary in order to do so. The agreement is also asking approval of the architectural design depicted on the drawings displayed. In concluding her detailed presentation, she stated they are recommending approval of the Fourth Amendment which folds in some new properties and sets the value appropriately. Mr. Peterson from Kaufman & Broad (K&B) is present if there are any questions. Chairman/Mayor Daly. He noted that an additional 61 new homes are to be built in the downtown Redevelopment neighborhood. He thereupon opened the Public Hearing and asked to hear from anyone who wished to speak. Mr. Pat Peterson, Kaufman & Broad. They are delighted to bring this new project before the Agency/Council tonight. They are proud of the proposal and with the contribution staff has made. He is present to answer any questions and is also urging approval of the proposal. 10 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 7, 1997 Agency/Council Member Lopez. He remembers walking the streets on patrol in the downtown area many years ago. It is great to see this new development along with that already completed and the renewal it has brought to the area; Agency/Council Member McCracken. She noted the two new single-family homes that were not previously approved (one on the Helena Street parcel and one on the Atchison Street parcel). They are very attractive and will be an asset to the community. Chairman/Mayor Daly closed the Public Hearing. Chairman/Mayor Daly offered Resolution No. ARA97-6 for adoption. Refer to Resolution Book. RESOLUTION NO. ARA97-6: (AGENCY) A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING THE FOURTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND KAUFMAN AND BROAD OF SOUTHERN CALIFORNIA, INC. Roll Call Vote on Resolution No. ARA97-6 for adoption: AYES: CHAIRMAN/AGENCY MEMBERS: McCracken, Tait, Lopez, Daly NOES: CHAIRMAN/AGENCY MEMBERS: None ABSENT: CHAIRMAN/AGENCY MEMBERS: Zemel The Chairman declared Resolution No. ARA97-6 duly passed and adopted. Mayor Daly offered Resolution No. 97R-186 for adoption. Refer to Resolution Book. RESOLUTION NO. 97R-186: (COUNCIL) A RESOLUTION OF THE ANAHEIM CITY COUNCIL CONSENTING TO THE FOURTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND KAUFMAN AND BROAD OF SOUTHERN CALIFORNIA, INC. Roll Call Vote on Resolution No. 97R-186 for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: Zemel The Mayor declared Resolution No. 97R-186 duly passed and adopted. Before adjourning the Redevelopment Agency Meeting, Chairman/Mayor Daly stated that the previous houses that K&B built in the downtown neighborhoods with the assistance of Redevelopment sold out quickly during a difficult economic period. At one point, it was the fastest selling project K&B had in California. He has heard many positive comments from residents. If this new batch of 61 homes is as successful as the previous ones, they have a lot to look forward to. He thanked Redevelopment staff for their careful and diligent work in bringing about the ground breaking. ADJOURNMENT REDEVELOPMENT AGENCY: Chairman Daly moved to adjourn the Redevelopment Agency Meeting. Agency Member Lopez seconded the motion. Agency Member Zemel was absent. MOTION CARRIED. (6:25 P.M.) 11 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 7, 1997 ITEMS B1 - B7 FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 15, 1997: INFORMATION ONLY -APPEAL PERIOD ENDS OCTOBER 7, 1997: B1. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3959 AND MITIGATED NEGATIVE DECLARATION: OWNER: NATHAN OGINTS AND MARY OGINTS, ERNEST F. D'ANDRIA AND LEE D'ANDRIA, SARAH SVARDLOFF, NAT KALMAN AND ISADORA KALMAN, 3481 La Sombra Drive, Los Angeles, Ca 90068 AGENT: FIESTA MEXICANA MARKET, ATTN: BEN BEQUER, 1221 South Anaheim Boulevard, Anaheim, Ca 92805 LOCATION: 1221 South Anaheim Boulevard - Fiesta Mexicana Market. property is 4.0 acres located on the southwest corner of ball road and Anaheim boulevard, to construct a 1,600 square foot addition for one new retail space in an existing commercial retail center with waivers of minimum number of parking spaces, minimum structural and landscape setback and permitted encroachments into required yards. action taken by the planning commission: CUP NO. 3959 GRANTED (PC97-129) (7 yes votes). Approved Waiver of code requirement. Approved Mitigated Negative Declaration. B2. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3956 AND NEGATIVE DECLARATION: OWNER: PIONEER CHRISTIAN SCHOOLS OF SOUTHERN CALIFORNIA, 641 South Western Avenue, Anaheim, CA 92804 AGENT: RILEY F. MARQUIS, JR., 5772 Garden Grove Boulevard, #147, Westminster, CA 92683 LOCATION: 641 South Western Avenue - Oranqe County Christian School. Property is 4.78 acres located on the west side of Western Avenue, 220 feet north of the centerline of Stonybrook Drive. To permit an 11,736 square foot expansion of a private educational facility in conjunction with an existing church with waivers of minimum parking lot landscaping and minimum number of covered parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3956 GRANTED (PC97-130) (7 yes votes). Waiver of code requirement Approved. Approved Negative Declaration. B3. 179: CONDITIONAL USE PERMIT NO. 3961 AND NEGATIVE DECLARATION: OWNER: GERALD G. PYLE, SCOT A. BROWN AND STEVE A. PARSONS, 469 Cerritos, Anaheim, CA 92805 AGENT: JEFFREY L. FARANO, 2300 East Katella, #235, Anaheim, CA 92806 LOCATION: 865 South East Street. Property is 0.46 acre located on the west side of East Street, 565 feet north of the centerline of Vermont Avenue. To permit and retain a taxi transportation and dispatch center within an existing 4,147 square foot building. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3961 DENIED (PC97-131) (7 yes votes). Denied Negative Declaration. 12 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 7, 1997 B4. 179: CONDITIONAL USE PERMIT NO. 2703 AND NEGATIVE DECLARATION: OWNER: CHANCELLOR GROUP INC., Attn: Michael G. Blasi, 2510 North San Miguel Drive, Orange, CA 92867 LOCATION: 1441 North Baxter Street - Stor-A-Lot. Property is 2.8 acres located at the southwest corner of Via Burton Street and Baxter Street. To amend or delete a condition of approval pertaining to a time limitation to retain a truck rental facility in conjunction with a self-storage facility. ACTION TAKEN BY THE PLANNING COMMISSION: APPROVED amendment to conditions of approval for CUP NO. 2703, to expire March 6, 2002 (PC97-132) (7 yes votes). Negative Declaration previously approved. B5. 179: VARIANCE NO. 4315, CATEGORICALLY EXEMPT, CLASS 11: OWNER: G & A PARTNERSHIP/JOSEPH T. KUNG AND EMMA W. KUNG, 20866 Quail Run Drive, Diamond Bar, CA 91789 AGENT: QUALITY PROJECT COORDINATOR/JOYCE SEHI, P.O. Box 2653, Costa Mesa, CA 92628 LOCATION: 5625 East Santa Ana Canyon Road - Wells Farqo Bank. Property is 5.03 acres located at the northwest corner of Santa Ana Canyon Road and Imperial Highway. Waiver of maximum number of wall signs to construct three signs. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4315 GRANTED (PC97-133) (7 yes votes). Council Member McCracken. She asked if this was in the scenic corridor; Greg Hastings, Zoning Division Manager answered, yes. Council Member McCracken. That was one of the issues she was concerned about. The building has been a financial institution for 15 or 20 years with the same number of signs. She is concerned that this new institution now needs more signage. She would like to set the matter for a Public Hearing; Council Member Lopez concurred. Since a review of the Planning Commission's decision was requested and concurred in by a second Council Member, a Public Hearing will, therefore, be scheduled at a later date. B6. 179: VARIANCE NO. 4316, AND NEGATIVE DECLARATION: OWNER: MCP FOODS, INC., Attn: Gerard Strickler, 424 South Atchison Street, Anaheim, CA 92805 AGENT: TIMOTHY W. SMITH, 424 South Atchison Street, Anaheim, Ca 92805 LOCATION: 424 South Atchison Street - Firmenich/MCP Foods. Property is 5.54 acres located south of Broadway, west of the Atchison, Topeka and Santa Fe Railroad right-of-way, north of Santa Ana Street, and east of Kroeger Street. Waivers of (a) maximum structural height and minimum structural setback adjacent to a residential zone - APPROVED, (b) minimum structural setback adjacent to a collector street - APPROVED, (c) minimum number of parking spaces - APPROVED, and (d) minimum landscaped setback to construct three new buildings at an existing industrial food processing plant (DENIED). ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4316 GRANTED, IN PART, waivers (a), (b) and (c) APPROVED, and waiver (d) DENIED on the basis that is was deleted by design changes following public notification (PC97- 134) (7 yes votes). Approved Negative Declaration. 13 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 7, 1997 B7. 179: CONDITIONAL USE PERMIT NO. 3964 AND NEGATIVE DECLARATION: OWNER: SOUTHERN PACIFIC TRANSPORTATION COMPANY, Attn: C. Scott Behm, 1200 Corporate Center Drive, Suite 100, Monterey Park, CA 91754 AGENT: BROOKHURST MOTORS, INC., Attn: Yong Ung Kim, 806 North Brookhurst, Anaheim, CA 92801 LOCATION: 1406 West Broadway. Property is 1.73 acres located on the south side of Broadway, 180 feet west of the centerline of Hessel Street. To permit a vehicle impound yard and towing facility. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3964 and Negative Declaration WITHDRAWN by the applicant. ITEM B8 FROM THE ZONING ADMINISTRATOR MEETING OF SEPTEMBER 25, 1997 DECISION DATE: SEPTEMBER 29, 1997 INFORMATION ONLY- APPEAL PERIOD ENDS OCTOBER 14, 1997: B8. 179: ADMINISTRATIVE ADJUSTMENT NO. 126 CATEGORICALLY EXEMPT, CLASS 3: OWNER: SERVITE FATHERS, A CALIFORNIA CORPORATION, Attn: Father Horan, 1952 West La Palma Avenue, CA 92801 LOCATION: 1952 West La Palma Avenue. Property is approximately 14.7 acres having a frontage of 650 feet on the south side of la Palma Avenue and a maximum depth of 1,000 feet, being located approximately 515 feet west of the centerline of Onodaga Avenue. Petitioner requests waiver of maximum fence height to construct an 8-foot high wrought iron fence adjacent to La Palma Avenue to enclose an existing private high school. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 126 APPROVED (ZA DECISION NO. 97-19). END OF THE ZONING ADMINISTRATOR ITEMS. B9. 179: ORDINANCE NO. 5620: (INTRODUCTION) Amending Title 18 to rezone property under Reclassification No. 96-97-08 located at 2004 and 2006 East Lincoln Avenue, and 230,232,234, 236,240,244,246, and 248 South State College Boulevard from the RS-A-43,000 zone and the CG zone to the CL zone. Mayor Daly offered Ordinance No. 5620 for first reading. Refer to Ordinance Book. ORDINANCE NO. 5620: AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 96-97-08 LOCATED AT 2004 AND 2006 EAST LINCOLN AVENUE, AND 230,232,234,236,240,244,246, AND 248 SOUTH STATE COLLEGE BOULEVARD FROM THE RS-A-43,000 ZONE AND THE CG ZONE TO THE CL ZONE. B10. 179: RESOLUTION NO. 97R-187: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NOS. 97R-77 (RECLASSIFICATION NO. 96-97-06) AND 97R-78 (VARIANCE NO. 4303), NUNC PRO TUNC, RELATING TO ZONING. Mayor Daly offered Resolution No. 97R-187 for adoption. Refer to Resolution Book. 14 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 7, 1997 RESOLUTION NO. 97R-187: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NOS. 97R-77 (RECLASSIFICATION NO. 96-97-06) AND 97R-75 (VARIANCE NO. 4303), NUNC PRO TUNC, RELATING TO ZONING. Roll Call Vote on Resolution No. 97R-187 for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: Zemel The Mayor declared Resolution No. 97R-157 duly passed and adopted. Bll. 179: ORDINANCE NO. 5621: (INTRODUCTION) Amending Title 18 to rezone property under Reclassification No. 96-97-06 located at 714 North Brookhurst Street from the ML zone to the CL zone. Mayor Daly offered Ordinance No. 5621 for first reading. Refer to Ordinance Book. ORDINANCE NO. 5621: AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 96-97-06 LOCATED AT 714 NORTH BROOKHURST STREET FROM THE ML ZONE TO THE CL ZONE. D1. 176: PUBLIC HEARING - ABANDONMENT NO. 97-6A: In accordance with application filed by The Disney Company, Walt Disney Imagineering, Post Office Box 3232M CTDA 329 N, Anaheim, Ca. 92503, a Public Hearing was held on the proposed abandonment of a certain easement for Cerritos Ave. extending from West Street to Walnut Street, reserving unto the City of Anaheim easement for public utility purposes, as part of the Disney Resort pursuant to Resolution No. 97R-166 duly published in the North Orange County News and notices thereof posted in accordance with law. Report of the City Engineer dated September 8, 1997 was submitted recommending approval of said abandonment. Natalie Meeks, Civil Engineer, Public Works. This is being abandoned as part of the Disneyland Resort Expansion. New Cerritos will be to the north of this and is currently under design. Staff may be back to abandon these public utility easements at that time when the utilities are relocated. Mayor Daly opened the Public Hearing and asked to hear from anyone who wished to speak; there being no response, he closed the Public Hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Mayor Daly, seconded by Mayor Pro Tem Lopez, the City Council finds that the proposed activity fall within the definition of sections 3.01 Class 5 of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirements to file an EIR. Council Member Zemel was absent. MOTION CARRIED. Mayor Daly offered Resolution 97R-188 for adoption. Refer to Resolution Book. 15 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 7, 1997 RESOLUTION NO. 97R-188: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING THAT PORTION OF CERRITOS AVENUE. BETWEEN WEST STREET TO WALNUT STREET (ABANDONMENT NO. 97-6A ). Roll Call Vote on Resolution No. 97R-188 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Lopez, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: Zemel The Mayor declared Resolution No. 97R-188 duly passed and adopted. C1. 127: INDEPENDENT COUNSEL TO REVIEW CAMPAIGN REFORM LAW: To consider the names of qualified attorneys. This was requested by the City Council at the September 23, 1997 Council Meeting. (See minutes that date.) Submitted was report dated October 1, 1997 from the City Attorney, Jack White, regarding the subject attached to which was information on the individuals/firms he (White) prepared for Council consideration and in response to their direction to prepare a list of four to five qualified attorneys who could provide written advice to the Council on the issues outlined in his report (1 -3 on page 1). Council Member Lopez. Since Council Member Zemel is absent this evening and it was initially at his request that this be done, he is going to request a continuance until he (Zemel) returns. City Clerk Sohl noted that Council Member Zemel will be present at the Council Meeting of October 21, 1997. She noted there is no Council Meeting next week (10-14-97) due to the California League of Cities Annual Meeting in San Francisco. MOTION. Council Member Lopez moved to continue item C1 action. Council Member McCracken seconded the motion. MOTION CARRIED. to October 21, 1997 for full Council Council Member Zemel was absent. C2. 108: TAXI CAB APPLICATION - SOUTH COAST CAB COMPANY: To consider the application of South Coast Cab Company for a permit to operate a taxi service in the City of Anaheim. Submitted was report dated October 7, 1997 from the Planning Department/Code Enforcement Division recommending that the Council deny the application submitted by South Coast Cab Company (SCCC) to operate a taxi service within the City of Anaheim. The report also included 11 findings upon which the Council may grant a permit pursuant to the Anaheim Municipal Code (see pages 1 and 2 of the subject report). John Poole, Code Enforcement Manager. He gave the background history of taxi cab service in the City of Anaheim which currently consists of two taxi services, Anaheim Yellow Cab Company (115 licensed vehicles) and "A" Cab Company (50 licensed vehicles). The latter company has recently notified the City and has proposed and paid the fees to license 50 more vehicles. SCCC proposes to use a fleet of 13 vehicles and to expand as their business grows. He then briefed portions of his report of October 7, 1997 which outlined the criteria for issuance of a taxi service permit in Anaheim and the results of their investigation of the SCCC request. He also briefed certain of the criteria noting criteria No. 4, "That the public convenience or necessity require the operation of such taxicab(s) or chauffeured limousine(s) 16 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 7, 1997 within the City of Anaheim." One of the best indications over the years to determine if there are enough services is, are they getting any complaints and also feedback from not only the tourist area, but also residential areas. He checked the records and there have been no requests for more services or any complaints for lack of service in the City in the last year. Answering Council Member Lopez, he further confirmed that Code Enforcement has not been made aware there is a lack of service in the City. Perhaps there will be a need as the Resort Area expands which is several years away. Before concluding, Mr. Poole stated one thing not contained in his report, as Council is aware, staff is pursuing an agreement with the Orange County Transportation Authority (OCTA) along with 22 other cities to give the administration of taxi cabs to the OCTA. An ordinance that would give that authority to OCTA is in process and will be submitted to the Council in the next month. They feel that OCTA has staff that can better determine if there is a need for more taxis. The Council will still retain the ability to decide if more companies are needed. An extensive line of questioning was then posed to Mr. Poole by Council Member Lopez revolving around the processing of taxi cab permit applications, the reasons for recommending denial of the SCCC application at this time, etc. He (Poole) confirmed that they do not see a need for additional vehicles in the City at present and clarified that if any other company requested an increase in vehicles, including Yellow Cab, staff would recommend denial. Further, they have no problem with SCCC but he does not see there is a need for their services and that is one of the criteria in the code that has to be met. Mayor Daly. Regarding the new County-wide approach for licensing the operation of taxi cab services in all cities in Orange County, he asked Mr. Poole how he sees the City's review process transitioning to the new system after January 1. Mr. Poole answered that all 22 cities will have the option after the first of the year to still decide if they want to allow other cab companies. The Council would have to have criteria the same as now to determine if they would grant permits. As the County moves forward, he believes the County will be able to give much more learned information so that the City could make better decisions. One of the reasons the subject proposal is not timely is because of all that is going on with the County. They need to work with the County and not go forward on approving additional applications until the County system is in place. Additional questions were then posed by the Mayor and Council Member McCracken for purposes of clarification which were answered by Mr. Poole. Mayor Daly. He stated although this is not a Public Hearing, he believes it is appropriate to ask if SCCC has a representative who would like to speak relative to the request. Nina Roditis, 714 Dinito, Irvine. She is a dispatcher for SCCC and daughter of the owners. She is present representing South Coast in its efforts to secure permission to pick up fares in the City of Anaheim. About eight years ago, they established SCCC and a few years ago applied for a permit in Anaheim and were turned down because of lack of public necessity and have now reapplied. They were very disappointed when they read the staff recommendation and understand that the Council is likely to vote according to that recommendation. They are asking the Council to reconsider. She asked that they do the right thing -- the pro-business thing. She then introduced the Attorney for SCCC, Gary Myers who will speak on behalf of the company. Mr. Gary Myers, Attorney representing SCCC, 1303 Avocado Avenue, Newport Beach. There is no doubt that SCCC is a qualified and responsible applicant for a permit. (Also see, "Proposal to Operate Taxi Cabs Within the City of Anaheim -- South Coast Cab Company - April 25, 1997, and Addendum to the Proposal dated June 19, 1997 which, amongst the extensive data and information presented, included an Executive Summary (Pg. 1) outlining their request and justification for same -- previously made a part of the record). His presentation covered in detail why SCCC should be given the permit especially speaking to the public convenience and necessity. Relative to that necessity, it is worth considering that 17 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 7, 1997 perhaps the most knowledgeable source on that issue are South Coast's competitors and at least one of them appears to believe that the market will support and the demand will justify additional service within the City. South Coast also offers to meet that need and provide that service and seeks nothing more than a level playing field and an opportunity to compete in the market place. If additional service is required and the market is there, what his client proposes to do is to provide a reasonable starting place with an assurance or a guarantee that additional service will be provided as the market makes clear is required. On behalf of his client, the company has approached this issue and sought this permit in a spirit which is intended to convey to the City and to the Council its desire to make a long-term and abiding commitment to the City. It is clear that the record is, everywhere South Coast has been licensed, it has conducted itself as a good, honest, and appropriate corporate citizen. He can assure the Council that will be its record in Anaheim as well. After his presentation, Mr. Myers answered questions posed by the Council; Mayor Daly subsequently suggested that they ask staff to submit additional information before the Council makes a final decision. He is in support of allowing SCCC to operate in the City and they make a good case for doing so. At the same time, he feels they need to give Planning staff and the City Attorney's office a chance to think about the implications of the transition to the new regulatory system starting January 1 and other issues that may arise in their continuing review. He asked that staff bring the Council an analysis and recommendations and any proposed conditions they believe appropriate with the assumption that the company would be in business in Anaheim and picking up patrons in the City at some point in the future. He feels it would be a mistake to act hastily either to deny the application outright or to approve it without more careful staff work. Council Member Tait. He disagrees. He believes that staff has already gone through a careful analysis and to send them back for more analysis does not make sense. He agrees with staff's recommendation that it is necessary for a cab company to serve the entire city and not just the lucrative tourist area. He reiterated, staff has already done a thorough analysis and he agrees with their recommendation. Council Member McCracken. If they approve the application, as of January 1 when the County is going to take over the process, she asked if this company would fall into that framework. John Poole. He answered, yes, but they would already be approved to operate in Anaheim but would have to operate under OCTA's regulations. Anaheim would still retain the right to decide which company would provide the service. City Attorney White. All the cab companies that are licensed will be treated the same and are all subject to the same regulations if and when they adopt an ordinance that transfers some of the regulatory powers to OCTA. Council Member Tait. He is not sure they would want to give their authority to OCTA on these issues. He feels that staff should make the decisions. City Attorney White. That decision is not one being made tonight. The only thing is if SCCC is licensed or given a permit before January 1 before adopting new regulations, they will be in the same position as the other existing permitees and all would be treated the same. Council Member Tait. Staff is saying, SCCC does not meet the criteria. Since the cab industry is regulated and there are criteria that need to be met, he feels they need to listen to staff as to whether that criteria is being met or not. John Poole. He clarified for the Mayor that the primary reason for their recommendation of denial is that it has not been proven there is a need and necessity for this service. The 13 vehicles being proposed will not adequately serve a city of approximately 50 square miles, 24 hours a day, 365 days a year. 18 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 7, 1997 Council Member Lopez. He does not mind continuing the matter but he notes that "A" Cab Company has requested 50 additional vehicles so they must believe there is a need in the City. He finds it difficult in his mind if one existing company is asking for 50 more cabs, how he can deny 13 vehicles for SCCC. He is willing to support the Mayor to get more information, but he needs more justification/information as well. Mayor Daly. He reiterated he is comfortable voting yes this evening but feels they need to get more detailed analysis anticipating there might be a 3rd, 4th or 5th company in the City. He is going to recommend that staff return to the Council in two weeks with suggested conditions; John Poole. He suggested 30 days to give staff an opportunity to give the information requested. MOTION. Mayor Daly stated he would split the difference and thereupon moved to continue consideration of the application of SCCC for a permit to operate a taxi service in Anaheim to October 28, 1997 and directed staff to report back with conditions for approval of the permit. Council Member Lopez seconded the motion. Before a vote was taken, Council Member Tait asked the Mayor to clarify his motion; Mayor Daly. It is direction to process the permit but also to suggest any relevant conditions. It is reversing the staff recommendation, but rather than doing so hastily, it is so staff can think about any additional conditions taking into account some of the points Council Member Tait raised as well as other points about a level playing field, reasonable minimums of service, the avoidance of "cherry picking", etc. City Attorney White. He anticipates during that time there would also be discussions with representatives of SCCC as to their issues, conditions and suggestions as well as the City doing an independent investigation; Mayor Daly. The additional thought was that staff could anticipate the January 1st changeover to the new OCTA involvement since the timing is so close to that. A vote was then taken on the foregoing motion. Council Member Tait voted No. Council Member Zemel was absent. MOTION CARRIED. C3. 114: ANAHEIM PREP SPORTS/ACTIVITIES FOUNDATION: Discussion requested by Mayor Daly at the meeting of September 23, 1997 regarding the potential allocation of $100,000 to the Anaheim Prep Sports and Activities Foundation. Mayor Daly. He has circulated materials which outline and highlight the background of the Foundation and his proposal (see brochure - "Investing in our Future" -- Anaheim Prep Sports/Activities Foundation outlining the goal, the challenge, and the plan - made a part of the record). He is going to suggest a few things for Council consideration after he requests the allocation. A couple of representatives of the Foundation are present. The Foundation is a cooperative project of the City of Anaheim and the Anaheim Union High School District (AUHSD). Dr. Bryan Crow, Pastor of the Garden Church is present along with Tom Danley, Foundation Director and the person who provides the lead staff work on the project. Dr. Bryan Crow, Chair of the Board of the non-profit Anaheim Prep Sports/Activities Foundation, 113 Orange Hill Lane, Anaheim. This is a combined effort established by the AUHSD and the City Council. He and JoAnn Barnett are the two members of the Board from the community. The program focuses specifically on 7th and Sth grade after-school activities in the City of Anaheim including the one middle school in the hills of Anaheim and all of the middle schools or Junior High Schools in the AUHSD. He is speaking on behalf of the Board to get the stamp of approval of one of the founding entities. A lot of work has gone into setting up the Foundation and it is now up and running as they seek continuing 19 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 7, 1997 community involvement. If they have the stamp of approval in the form of the commitment they are requesting, it would say to everyone that what they are doing is extremely important. Mayor Daly. Talking informally with his colleagues, one of the questions has been how successful has the private fund raising been to date and what is the outlook for the future for private fund raising. So far, they have been relying on the five-member Board (Crow, Daly, Lopez, Barnett, Martin) and also on Coach (Tom) Danley who is the Director and other school personnel to help bring in private donations. They have received $50,000 to $60,000 so far for the school year they are in right now. However, there is enormous potential that remains untapped -- the large corporate community, smaller business, and the families and parents of school kids. At some point, they will have to kick in in earnest the serious private fund raising which was the initial thrust. It is going to be very important for that Board if this allocation is made this evening. It would provide important seed money so the program can function and touch all the Junior High Schools in Anaheim right away. Part of the commitment is to go in earnest to every corner of the community and perhaps even bring in an outside fund-raising expert or consultant, someone who has raised millions of dollars before and perhaps some of the money could be used for that. He thinks there are legitimate concerns that this not become a traditional government-sponsored program but driven by private funds. MOTION. After additional input by Dr. Crow, Mayor Daly moved approval of the allocation of $100,000 from the City's budget reserves as a one-time allocation to the Anaheim Prep Sports/Activities Foundation and that there be reports back to the Council as to the progress of the private fund-raising effort. Council Member Lopez seconded the motion. Before further action was taken, Mayor Daly continued that they also look at ways that City government can assist with those private fund raising events. The City has access to certain dates at the Pond and there may be other opportunities for partnership where the City would not be spending hard dollars. Council Member Tait. He would support this as one-time seed money to get the Foundation started. He emphasized, it is important that it be thought of as one-time seed money. This is for the benefit of all Junior High Schools in Anaheim as well as those outside of the AUHSD such as El Rancho in east Anaheim. Mayor Daly. That is a commitment they can convey back to the Board. He is confident that the Foundation Board supports all those points. Council Member McCracken. She has been on the Council for 10 months and she feels "blind sided" by this. She was sitting on the other side when the support came from the City Council but at the time there was no talk about funds and now they are looking at $100,000. She sat for 25 years on the Arts Council. They have been looking for after-school programs for youngsters -- the Library, the Bookmobile, all those kinds of things. If it had not been for that group raising money, they would not have had a Bookmobile or the money to refurbish it. She has some negative feelings in the sense that all of a sudden this proposal is before the Council and she only saw the materials for the first time this afternoon before the meeting. She has concerns relative to being able to incorporate Anaheim schools that are in the OUSD into this program. She would like to see it on paper in an agreement with the district. Intermural programs are difficult when crossing school district lines. The proposal is $100,000 and the goal is to raise $600,000 this year and one half will be immediate use. She has not yet heard that the School District is waiting to see what the City does. She feels this is the responsibility of the schools who had programs in their schools years ago. She knows from experience having taught in the AUHSD. All of a sudden it is a completed package when there is a Community Foundation, an Arts Council, a Library Foundation. They are not talking seed money but a grant of $100,000. It is not a loan to see if they can pay the City back as the Arts Council did. She has reservations and questions and believes there are things that need to be ironed out. Over the last 10 months, there are people in the community who could have helped to raise at least $300,000 to start the program. The program is now in place with no fund-raising over the last 10 months. It has been done upside down. She is certainly in support of programs for youngsters but she reiterated she feels there are a lot of questions that need answers. She does not feel they have 20 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 7, 1997 been adequately answered in the short time she has had to look at this. No one is here asking for $100,000. If they do provide it, hopefully the School District will match it. Mayor Daly. He has great regard for Council Member McCracken's expereience in these areas. She has been a fund-raising champion for important community causes and all her points are well taken. This has not been a "Swiss watch" and startup programs like this rarely are. He believes really true cooperation between cities and school districts, when it works well, is one of the best things they do in society and when it doesn't, it is necessary to try and try again. He apologized if she felt blind sided. This is brand new. There are only five Board Members and they will be recruiting persons to join the Board and raise funds. Council Member Lopez. He echoed the Mayor's comments and also apologized to Mrs. McCracken. He and the Mayor and Dr. Crow spent a lot of hours putting the project together. Coach Danley has been the catalyst. He apologizes for not having had the opportunity to sit down and brief Council Member McCracken. He believes the $100,000 may be paid back many times over just from the impact the program will have on crime prevention in the City. Council Member McCracken. She would like some assurance they are going to work out some kind of agreement with the schools in east Anaheim; Mayor Daly. He is not sure there is a way to guarantee there will be some sort of legal document between the ©USD and the Foundation. Dr. Crow and others have stated there is a commitment to serve all the Junior Highs in Anaheim and that is a good enough commitment for him. Dr. Crow. He has talked to the Principal at Canyon and at the (El Rancho) Junior High School. He shares the frustration of trying to do things with the schools in Anaheim that are in the OUSD. He has talked to them and told them about the Foundation and where the program is headed and that they are definitely included. Council Member McCracken. She did work with Dr. Crow and the Superintendent of Schools of the Orange School District, Dr. French, and the School Board to express the concern for the children of Anaheim no matter what school district they are in. She also hopes they can develop a good fund- raising plan and that these kinds of monies will ultimately develop an endowment so the Foundation will have some ongoing support for the program. She does not want to see it disappear two or three years from now making it necessary to come back to the School District or City Council because of lack of money. It is necessary to develop a very positive fund raising plan even if they have to hire a professional. It is big business today and they are looking at a major campaign. Mayor Daly called for a vote on his motion to allocate $100,000 out of City budget reserves to the Anaheim Prep Sports/Activities Foundation. Council Member Zemel was absent. MOTION CARRIED. C4. REPORT ON CLOSED SESSION ACTIONS: City Attorney Jack White stated that there are no actions to report. 21 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 7, 1997 C5. 114: COUNCIL COMMENTS: Council Member McCracken. A group that has done a great deal of fund raising and good works in the community is the "Paint Your Heart Out - Anaheim" organization, a program of the Anaheim Community Foundation which is holding their annual big fund raising dinner Friday night where Council Members are the waiters. The event is sold out. That organization in the last four years has raised $100,000 used to paint homes for Iow-income families and seniors in Anaheim. There are positive organizations in the community who are doing major fund raising. It is a tremendous event. Mayor Daly. He believes that "Paint Your Heart Out" started with a grant of City dollars -- some amount of public funding as seed money, and it has been beautiful to watch it transition to entirely privately funded. ADJOURNMENT: By general Council consent, the Council Meeting of October 7, 1997 was adjourned (7:46 P.M.). No Council Meeting is scheduled on October 14, 1997 due to the California League of Cities Annual Meeting in San Francisco. LEONORA N. SOHL CITY CLERK 22