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2001/07/10 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING JULY 10, 2001 The City Council of the City of Anaheim met in adjourned regular session. PRESENT: Mayor Pro Tem Shirley McCracken, Council Members Frank Feldhaus, and Lucille Kring. Mayor Tom Daly and Council Member Tom Tait were detained in a previous meeting. STAFF PRESENT: City Manager Jim Ruth, City Attorney Jack White, City Clerk Sheryll Schroeder. Elisa Stipkovich A copy of the agenda for the meeting of the Anaheim City Council was posted on July 6, 2001, at the City Hall inside and outside bulletin boards. Mayor Pro Tem McCracken called the regular meeting to order at 3:04 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard wherein applicants for Board and Commission appointments introduced themselves to Council. At approximately 3:30 P.M., Mayor Daly and Council Member Tait arrived at the Council meeting. AdditionslDeletions to Closed Session: None Public Comments: None Mayor Daly moved to recess to Closed Session seconded by Council Member McCracken. Motion carried unanimously. The Council recessed to Closed Session at 4:01 P.M. 1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Agency designated representative: David Hill Employee organization: Anaheim Firefighters Association. 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Kord Group v. The Fieldstone Company, et aI., Orange County Superior Court Case No. 76-32-58. 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: South Coast Cab Co., et al. v. City of Anaheim. et aI., Orange County Superior Court Case No. 80-03-59. 4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Section 54956.8 of the Government Code) Property: Public rights-of-way traversing undeveloped property located south of Katella Avenue and east of Harbor Boulevard concerning extension of Clementine south of Katella Avenue and extension of Convention Way east of Harbor Boulevard. Agency negotiators: James Ruth, Tom Wood Negotiating parties: City of Anaheim and the Wait Disney Company. ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 2 Under negotiation: price and terms 5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Section 54956.8 ofthe Government Code) Property: 320 South Beach Boulevard, Anaheim, California Agency negotiator: Elisa Stipkovich Negotiating parties: Anaheim Redevelopment Agency and Phillip Borsuk Under negotiation: price and terms. 6. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Section 54956.8 of the Government Code) Property: 425 South Anaheim Boulevard, Anaheim, California Agency negotiator: Elisa Stipkovich Negotiating parties: Anaheim Redevelopment Agency OKS. T-shirts Under negotiation: price and terms (tenant relocation). 7. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Section 54956.8 of the Government Code) Property: 1561 West Lincoln Avenue, Anaheim, California Agency negotiator: Elisa Stipkovich Negotiating parties: Anaheim Redevelopment Agency Splinter Investments, Inc. Under negotiation: price and terms 8. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code: one potential case Facts and circumstances: proposed award of taxicab franchises based upon several proposals submitted to the City; litigation has been threatened by an existing taxicab permit holder and certain proposers which may not be awarded franchises. Mayor Daly called the regular Council Meeting of July 10, 2001 to order at 5:47 P.M. and welcomed those in attendance. INVOCATION: David Koll, Anaheim Christian Reformed Church FLAG SALUTE: Council Member Tait PROCLAMATIONS AND DECLARATIONS: Recognizing the Anaheim Pony League Mustang Mets. Marla Hamblin presented the team members and Coaches. Declaration recognizing the Leukemia and Lymphoma Society. Recognizing Penny Contos as Chairman of the Anaheim Chamber of Commerce. ADDITIONS/DELETIONS TO THE AGENDA: There were no additions or deletions to the agenda. PUBLIC COMMENTS: ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 3 James Robert Reade, 100 W. Midway Dr., Space 124, spoke on concerns regarding the Police Department. Mayor Daly addressed Mr. Reade's concerns by stating there is no basis for his accusations. Steven White, 856 N. Clementine, spoke on Item A46, representing H.O.M.E. expressed concern over future actions and the availability of public input. Melvin E. Miller, Westminster, spoke in support of Disney's third theme park. Andrea Mannes, 1475 W. Wedgewood Dr., spoke in favor of the Planning Departments process. Josh Buchannan, 1450 S. Whitegate Road, spoke in favor of Item A49. Joel Fick explained that the action the Planning Commission took regarding Item A49 merely initiated the application process for the items noted. He explained that it set in motion the upcoming public participation process, which would be extensive. He said he anticipated the EIR to be complete in the next couple of months, dependent on Disney's schedule. He further explained that upon completion of the draft EIR there would be a 45 day public review process, responses would then be prepared for every comment that was raised. He added that following the completion of the responses, there would be public hearings scheduled for the Planning Commission and a second public hearing before the Council. Council Member McCracken asked if this was the same process for major projects in the City. and Mr. Fick responded that it was. Council Member Tait said that this was not an approval for the project and Mr. Fick answered that was correct. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions, seconded by Council Member McCracken. Motion carried unanimously. Consent Calendar: Items A 1 - A47: On motion by Mayor Daly, seconded by Council Member McCracken, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Council Member Tait voiced a no vote on Item A24. A1. Receive and file the minutes of the Anaheim Public Library Board meeting held May 3, 2001; minutes of the Public Utilities Board meeting held May 3, 2001; minutes of the Anaheim Workforce Investment Board meeting held May 10, 2001; minutes of the Golf Advisory Commission meeting held May 17, 2001; the Anaheim Police Department's Crime and Clearance Analysis Report for May 2001; the Southern California Gas Company's Notice to Customers of proposed rate increases (Application No. 01-06-027); the Application of Southern California Gas Company regarding year seven (2000 - 2001) under its experimental gas cost incentive mechanism and related gas supply matters; and the Monthly Financial Analysis Report presented by the Finance Director for ten months ended April 30, 2001. 'IT ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 4 A2. Reject certain claims filed against the City. A3. Award the contract to the lowest responsible bidder, Steiny & Co., Inc., in the amount of $34,504.35 to coordinate the traffic signals on Brookhurst Street between La Palma Avenue and the SR-91 Freeway and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A4. Award the contract to the lowest responsible bidder, CT&F, Inc., in the amount of $50,275.03 to coordinate the traffic signals on Brookhurst Street between Katella Avenue and Catalina Avenue and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A5. Approve Agency-State Agreement for the Federal Aid Projects No. 12-5055, Program Supplement No. 087-M, for the Santa Ana Canyon Road Improvement Project from Weir Canyon Road to 870 feet west of Festival Drive. A6. Award the contract to Transportation Studies, Inc., in an amount not to exceed $70,000 for citywide intersection turning movement counts and on-call traffic count services. A7. Waive City Council Policy No. 401 and approve an agreement with MuniFinancial for $45,500 to conduct a feasibility study and formation of the Anaheim Resort Transportation Assessment District. A8. Approve Agency-State Agreement for the Federal Aid Projects No. 12-5055, Program Supplement No. 089-M, for the Orangewood Avenue Street Improvement Project from State College Boulevard to East City Limit. A9. Approve and authorize the Mayor and City Clerk to execute the Acquisition Agreement for 1380 South Harbor Boulevard (R/W 5130-2,3 and 5) for the Anaheim Resort Area Improvement Project and authorize the acquisition payment of $142,296 to Northwest Hotel Corp. A 10. Approve an agreement with the Anaheim Transportation Network for $553,318 for the Anaheim Resort Transit guest shuttle system and the La Palma Avenue Corridor Employee Shuttle Program. A 11. Approve an agreement with the Santa Barbara Electric Transportation Institute for $49,880 to continue technical assistance services for the City and the Anaheim Resort Transit Project. A 12. Approve and authorize the Mayor and City Clerk to execute an agreement, not to exceed a value of $400,000 with Willdan & Associates, URS Corporation, and RBF Consulting to provide inspection services for capital improvement projects. A 13. Authorize an amendment to the agreement with Turner Construction Company, in an amount not to exceed $74,500, to provide for extended Project Representative Services to complete construction of the Anaheim Convention Center Enhancement Project. ~~. ....... ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 5 A14. Approve and authorize the Mayor and City Clerk to execute the Acquisition Agreement for the purchase of real property located at 1200 - 1208 South Euclid Street for the Ball Road/Euclid Street Intersection Project (R/W 5400-08) and authorize the acquisition payment of $42,500 to George Novogroder. A15. RESOLUTION NO. 2001R-167 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the receipt of a grant award from the California Energy Commission. A16. RESOLUTION NO. 2001R-168 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM to continue a disadvantaged business program for all projects in the City of Anaheim receiving United States Department of Transportation funding and establishing a disadvantaged business enterprise goal of ten percent for the federal fiscal year ending September 30, 2002. A17. RESOLUTION NO. 2001R-169 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the terms and conditions of an agreement with the County of Orange for the purchase of tax-defaulted properties. A18. RESOLUTION NO. 2001R-170 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (for public utility purposes). A19. RESOLUTION NO. 2001R-171 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 10416 and 10417). A20. RESOLUTION NO. 2001 R-172 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. ABA2001-00035) (and setting a date and time to consider the abandonment of a certain irrevocable offer to dedicate to the City an easement for public utility purposes). Proposed Public Hearing on August 21, 2001. A21. Accept the low bids of Waxie Sanitary Supply, in the amount of $46,562.60 (excluding tax), Unisource Maintenance Supply, in the amount of $36,158.68 (excluding tax), and Pak West Paper and Chemical, in the amount of $24,441.70 (excluding tax) for janitorial supplies, as required from July 1, 2001 through June 30, 2002 with three one year optional renewals and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #6167. A22. Accept the bids of Breezer Equipment and Supply, in the amount of $13,067.70 (excluding tax) and of i Water, in the amount of $11 ,457.51 (excluding tax) for concrete breaking, breaching, drilling and coring tools and equipment, Fire Department, in accordance with Bid #6175. A23. Accept the bid and authorize the execution of an agreement with Sun-Belt Landscape and Maintenance, Inc., in an amount not to exceed $965,448 for landscape maintenance of the Anaheim Resort area for a two year period with three one year optional renewals .........--. .......,.,- ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 6 and authorize the Purchasing Agent to execute the renewal options in accordance with Bid #6177. A24. Accept the low bid from Academy Tent & Canvas, Inc., in an amount not to exceed $82,212 (plus applicable taxes) for the lease/rental of tent structures at Anaheim Hills Golf Course for up to eighteen months, in accordance with Bid #6178. A25. Accept the bid and authorize the execution of an agreement with TruGreen LandCare, in an amount not to exceed $89,760.04 for landscape maintenance of the Library properties for a two year period with three one year optional renewals and authorize the Purchasing Agent to execute the renewal option in accordance with Bid #6185. A26. Authorize the issuance of a change order to Kuhlman Electric to increase the amount of the purchase order by $80,000, thereby bringing the total not to exceed amount of the purchase order to $245,000 for the purchase of single phase padmount transformers, to be used by the Utilities Department on an as-required basis for the period ending November 8, 2001. A27. Approve the Fiscal Year 2000/01 write-off of uncollectible miscellaneous accounts receivable totaling $124,723.96. A28. Waive Council Policy No. 306 and approve an agreement with ASM Enterprises, Inc. for the operation of the food and beverage services at the Dad Miller Golf Course. A29. Waive Council Policy No. 306 and approve an agreement with Robert D. Johns to manage and operate golf professional services at the Dad Miller and Anaheim Hills Golf Courses. A30. Approve and authorize the City Librarian to execute an agreement with the Compaq Computer Corporation for service on library computer equipment at a per month amount of $4,254.24. A31. RESOLUTION NO. 2001 R-173 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain city records more than two years old (Community Services Department, Library Services Division). A32. Approve and authorize the Mayor to execute the amendment to TANF Cost Reimbursement Agreement No. A1 with the County of Orange to implement a summer youth job training program for Anaheim resident youth through September 30, 2001 and authorize the City Manager to execute the subrecipient agreements with Anaheim Union High School District in the sum of $480,000 and North Orange County Regional Occupational Program in the sum of $157,000. A33. Approve the recommendations from the Anaheim Workforce Investment Board for the selection of the training agencies for the delivery of occupational skills training to participants under the Workforce Investment Act and Welfare-to-Work Programs through June 30, 2002. A34. RESOLUTION NO. 2001R-174 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the Workforce Investment Act Title I Master - -..,..,... ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 7 Subgrant Agreement between the City of Anaheim and the State of California for the term of April 1, 2001 through June 30, 2003. Authorize the City Manager to execute the Master Subgrant Agreement, modifications thereto and related documents. A35. Approve and authorize the City Manager to execute the agreements between the City and North Orange County Occupational Program and Anaheim Union High School District for $275,340 and $181,580, respectively, to implement a youth development program for Anaheim resident youth under the Workforce Investment Act. A36. Approve the Fiscal Year 2000/01 net write-off of uncollectible accounts for the Public Utilities Department totaling $320,397 which represents 0.103 percent of the current year's revenue of $311,073.793. A37. RESOLUTION NO. 2001 R-175 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM agreeing to a redistribution of property taxes of Reorganization No. RO 01-05, The Serrano/Nohl Ranch Road Reorganization. A38. ORDINANCE NO. 5773 (INTRODUCTION) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Chapter 18.73 ofTitle 18 of the Anaheim Municipal Code relating to Specific Plan No. 88-3 and amending Ordinance No. 5045, as previously amended, accordingly (The Pacificenter Anaheim Specific Plan, Adjustment No.1). A39. Authorize the City Manager to execute agreements with ADT Security Services, Inc., to alarm various police facilities in a total amount not to exceed $25,500. MO. RESOLUTION NO. 2001R-176 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Chief of Police, on behalf of the City of Anaheim, to file an Electronic Grant Application with the United States Department of Justice, Bureau of Justice Assistance, to participate in the Fiscal Year 2001 "State Criminal Alien Assistance Program," and authorizing the Chief to execute all required grant documents. M1. RESOLUTION NO. 2001R-177 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM recognizing the Anaheim Resort and the Disneyland Resort as "Special Resort Districts" and requesting Caltrans to install destination signs therefor. M2. ORDINANCE NO. 5774 (INTRODUCTION) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending various chapters, sections, subsections and definitions of Title 1 of the Anaheim Municipal Code. A43. Award the contract to the lowest responsible bidder, R.J. Noble Company, in the amount of $175,324.84 for the Orangewood Avenue street improvements from State College Boulevard to East City limit and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retention. M4. RESOLUTION NO. 2001R-178 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 92R-17 adopting personnel rules ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 8 applicable to employees in management, confidential and non-represent part-time classifications. M5. RESOLUTION NO. 2001 R-179 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Police Association and the City of Anaheim. A46. Deny the appeal filed by H.O.M.E. and allow the applications and the public review process to proceed for General Plan Amendment No. 2001-00391, Amendment NO.6 to Disneyland Resort Specific Plan No. 92-1, Amendment NO.4 to the Anaheim Resort Specific Plan No. 92-2 and an amendment to the Anaheim Resort Public Realm Landscape Program pertaining to the proposed Anaheim Resort Third Theme Park Project. A47. Approve the minutes of the Council meeting held on June 12, 2001. A48. 5:00 P.M. Public HearinCls: Continued public hearings on 2001-02 changes in fee schedules (Items E - 0). Council Member Tait motioned for two-week continuance on Items G, 0 and P seconded by Council Member Kring. Motion carried unanimously. Council Member Feldhaus asked if there were concerns on F, J and L, adding that he would like to defer those fees for one year as an enticement for developers. Council Member Kring voiced a concern for Item J. City Attorney White explained that the increase in fees was to cover the cost for services rendered. Greg Smith explained that he proposed to raise the parking fee at the Convention Center for trade shows and conventions only, from $7.00 to $8.00, which would help fund the additional costs incurred for utilizing the electric tram service. Council Member Kring asked Mr. Smith if the Convention Center was being used for a smaller convention and not utilizing the tram service would the parking fees remain the same. Mr. Smith responded that the way the ordinance was written, the City would establish the higher fee for all trade shows and conventions and that he anticipated using the tram for all events. Council Member Kring asked Greg when the last parking fee increase had occurred. Director Smith answered in 1998. He explained that if the fee increase was approved the parking would still be less than at Edison Field and the Pond. Mayor Daly moved to adopt Resolution Nos. 2001 R-180, 2001R-181, 2001 R-182, 2001 R-183, 2001R-184, 2001R-185, 2001R-186. 2001R-187, 2001R-188, 2001R-189. 2001R-190, 2001R- ,."~' ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 9 191 and 2001 R-192, and introduction of Ordinance No. 5775, seconded by Council Member McCracken. Roll call vote: Ayes - 5. Motion carried. E. RESOLUTION NO. 2001R-180 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing and modifying fees for services and documents provided by the Anaheim City Clerk's Office [Continued from Council meeting of June 19, 2001, Item A28(E)]. F. RESOLUTION NO. 2001R-181 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing fees to be charged for Community Services Department Programs and Services commencing on September 1, 2001 [Continued from Council meeting of June 19, 2001, Item A28(F)]. ORDINANCE NO. 5775 (INTRODUCTION) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Sections 17.08.250 and 17.08.260 of Chapter 17.08 of Title 17 of the Anaheim Municipal Code relating to park development and in-lieu fees. G. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing the amount of the park in-lieu fee and rescinding Resolution No. 2000R-116 [Continued from Council meeting of June 19, 2001, Item A28(G)]. H. RESOLUTION NO. 2001R-182 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting the recommendation of the Library Board of the Anaheim Public Library to establish, increase and/or decrease certain fines and fees [Continued from Council meeting of June 19, 2001, Item A28(H)]. I. RESOLUTION NO. 2001 R-183 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adjusting the amount of the fee for the public library facilities plan for the East Santa Ana Canyon area [Continued from Council meeting of June 19, 2001, Item A28(1)]. J. RESOLUTION NO. 2001 R-184 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing rates to be charged for licensing and for certain labor, equipment and services at City parking lot events at Edison International Field of Anaheim commencing July 1, 2001 [Continued from Council meeting of June 19, 2001, Item A28(J)]. RESOLUTION NO. 2001 R-185 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing a schedule of rates to be charged for rental of space and for certain labor, equipment and services at the Anaheim Convention Center [Continued from Council meeting of June 19, 2001, Item A28(J)]. RESOLUTION NO. 2001 R-186 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing fees for parking at the Anaheim Convention Center to be effective July 1, 2001 [Continued from Council meeting of June 19, 2001, Item A28(J)]. K. RESOLUTION NO. 2001R-187 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM revising fees for the Underground Storage Tank Program and ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 10 establishing the effective date of fees [Continued from Council meeting of June 19, 2001, Item A28(K)]. RESOLUTION NO. 2001 R-188 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing fees and penalties in connection with the regulation and enforcement of the Hazardous Materials Disclosure Program [Continued from Council meeting of June 19, 2001, Item A28(K)]. L. RESOLUTION NO. 2001 R-189 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting new fee schedules for building and construction [Continued from Council meeting of June 19, 2001, Item A28(L)]. RESOLUTION NO. 2001R-190 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting new fee schedules for planning, zoning and land use petitions, permits, approvals, appeals, and inspections [Continued from Council meeting of June 19, 2001, Item A28(L)]. M. RESOLUTION NO. 2001R-191 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing a fee to provide Police clearance letter for other than employment purposes [Continued from Council meeting of June 19, 2001, Item A28(M)]. N. RESOLUTION NO. 2001R-192 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending rates, rules and regulations for the sale and distribution of electricity and water as adopted by Resolution Nos. 71-478 and 72-600 and most recently amended by Resolution Nos. 99R-142 and 2001R-85 [Continued from Council meeting of June 19, 2001, Item A28(N)]. O. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting new fee schedules for the Public Works Department of the City [Continued from Council meeting of June 19, 2001, Item A28(O)]. P. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a new schedule of sanitation charges [Continued from Council meeting of June 19, 2001, Item A28(P)]. Q. RESOLUTION NO. 2001R-193 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the policies established by the Anaheim Library Board for the use of library community meeting rooms and the fees and charges required pursuant thereto, amending Resolution No. 66R-286 and rescinding certain other Resolutions [Continued from Council meeting of June 19, 2001, Item A28(Q). A49. Application to operate fifteen billiard tables at 912 South Euclid Street. John Poole, Code Enforcement Manager, presented the staff report, which is available in the City Clerk's Office. He explained that the property was in a strip mall in a commercial area, which was located near a high-density residential neighborhood. He explained that Code Enforcement conducted a survey of the immediate area and the surrounding property owners indicated that approval of the permit would add to the existing problems in the area, which .-'..---....-""YT'" ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 11 would be detrimental to the neighborhood. He said he had received a letter of opposition from the West Anaheim Neighborhood Development Council and that the Police Department had recommended denial of the permit due to a 42% above average crime rate in the area. He also stated that the proposed use would contribute to noise and loitering problems in the area. He quoted the Police Department as saying that poolrooms of this nature attracted illegal gambling and other related law enforcement problems. Mayor Daly called for public comments. David Kim, 303 Center St., introduced Ray Santillan as a spokesperson for Jason Kim. Mr. Santillan, Panorama City, said he was a consultant for Mr. Kim and he asked what the time limit was on an applicant replying to a letter received from the City. He explained that he had recently spoken to Mr. Yourstone in Code Enforcement and was unaware that there were any objections from the Police Department. He said his concern, from the time he received the memo from Code Enforcement, was that his client did not have enough time to respond. City Attorney White explained that this was not a formal notice of a public hearing. He said a notice was mailed to Mr. Kim from the City Clerk's Office on June 12, 2001. This notice, he said, was informing Mr. Kim that Council would be hearing his application on July 10, 2001. Mr. Santillan said that he did not think the pool hall would be a problem. He also said there would be no liquor allowed at the property. Council Member Kring asked what type of business was currently being operated at the address. Mr. Santillan answered that Mr. Kim currently operated a clothing store and he just wanted a change. Council Member Kring inquired as to the future of the property if the application was denied. Mr. Santillan stated that Mr. Kim would not have a choice if his application was denied, he would have to continue the clothing store. Mr. Poole explained that Mr. Yourstone explained to Mr. Kim and Mr. Santillan that this could be problematic and staff would be conducting a survey in the neighborhood. Council Member Tait asked the applicant if he would accept a one year limitation on the permit. Mr. Santillan responded that would be fine. Council Member Feldhaus asked staff how many pool halls, billiard parlors were currently operating in the City. John Poole said he did not have that number. He said the Police Department had informed him that the City currently had one operating and others located in bowling alleys etc. He said once a business opens a third pool table that constituted the pool hall permit. Council Member McCracken asked Mr. Poole what other kinds of businesses are at the location. ~".---, ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 12 Mr. Poole said there were eight businesses at the location, general merchandise stores. Council Member Kring asked what the hours of business would be for the pool hall. Mr. Poole said the applicant did not specify hours of operation and there was no requirement for hours in the Code. Mayor Daly moved to deny the request of the applicant. Seconded by Council Member McCracken. Council Member Tait said that the detriment to the neighborhood depended on the management of the establishment. He said he would vote to give Mr. Kim a chance to succeed by giving Mr. Kim a one year permit. Mayor Daly noted, for the record, that he had received a strong letter of opposition from the West Anaheim Neighborhood Association. Roll call on the motion to deny the application to operate fifteen billiard tables at 912 S. Euclid Street, incorporating the three findings: Ayes - 3; Mayor Daly, Council Members McCracken and Feldhaus. Noes - 2; Council Members Tait and Kring. Motion carried. A50. Nominate and appoint a voting delegate and alternate to the League of California Cities annual conference, September 12, 2001 through September 15, 2001, to be held in Sacramento. Mayor Daly said he would de the delegate and Mayor Pro Tem McCracken would alternate. Motion was carried unanimously. A51. BOARD/COMMISSION APPOINTMENTS/REAPPOINTMENT TO TERMS EXPIRING JUNE 30, 2005 (Continued from Council meeting of June 12, 2001, Item A22): Mayor Daly stated that it was very helpful to hear from all the applicants earlier in the meeting. Mayor Daly moved to reappointment everyone that had been currently serving, except for the opening on the Planning Commission, Commissioner Napoles. Motion seconded by Council Member McCracken. Council Member said she would not support the automatic reappointment of persons who were currently serving. Council Member Feldhaus suggested that in the future the Council look at term limits for Boards and Commissions. Roll call on the motion to reappoint persons who had been currently serving except for Planning Commissioner Napoles, who indicated that he did not wish to continue service: Ayes - 3; Mayor Daly, Council Members McCracken and Feldhaus. Noes - 2; Council Members Tait and Kring. Motion carried. . "IT ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 13 BUDGET ADVISORY COMMISSION FOR NEW TERM EXPIRING JUNE 30, 2005: (Price, Stoll) Ralph Price and David Stoll were appointed for new four year terms, to expire June 30, 2005. COMMUNITY SERVICES BOARD FOR NEW TERMS EXPIRING JUNE 30, 2005: (Machiaverna, Wallace) John Machiaverna and Esther Wallace were reappointed for new four year terms, to expire June 30, 2005. REDEVELOPMENT AND HOUSING COMMISSION FOR NEW TERM EXPIRING JUNE 30, 2005: (Pinson, Yvaska) Mary Ruth Pinson and Donald Vyaska were reappointed for new four year terms, to expire June 30, 2005. PLANNING COMMISSION FOR NEW TERM EXPIRING JUNE 30, 2005: (Boydstun, Napoles) Mayor Daly moved to reappoint Phyllis Boydstun to the Planning Commission, seconded by Council Member Feldhaus. Roll call vote: Ayes - 4; Mayor Daly, Council Members McCracken, Feldhaus, Tait. Noes - 1; Council Member Kring. Motion carried. Phyllis Boydstun was reappointed to a new four year term, to expire June 30, 2005. SENIOR CITIZENS COMMISSION FOR NEW TERMS EXPIRING JUNE 30, 2005: (Costello, Koenig) Ronald Costello and Beryl Koenig were reappointed to new four year terms, to expire June 30, 2005. LIBRARY BOARD FOR NEW TERMS EXPIRING JUNE 30, 2005: (Flora, Rothrock) Glenda Lee Flora and Marjorie Rothrock were reappointed to new four year terms, which expire June 30, 2005. PUBLIC UTILITIES BOARD FOR NEW TERMS EXPIRING JUNE 30, 2005: (Kirker, Stanton, Wiseman) Tomas Kirker, Dale Stanton and L. Ward Wiseman were reappointed to new four year terms, which will expire June 30, 2005. Regarding the filling of the vacant Planning Commission seat, Robert Napoles seat, Council Member Kring nominated Kevin Crampton, Council Member Feldhaus nominated Gail Eastman, Council Member McCracken nominated Harry Sidhu, Mayor Daly nominated Mark Lopez and Council Member Tait nominated Patrick Pepper. "'<'-'''Ji ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 14 Separate votes were taken on the nominations: Kevin Crampton: Ayes - 1; Council Member Kring. Noes - 3; Council Members Feldhaus, McCracken, Tait. Abstention - 1; Mayor Daly. Gail Eastman: Ayes - 3; Council Members Feldhaus, McCracken, Tail. Noes - 1; Council Member Kring. Abstention - 1; Mayor Daly. Harry Sidhu: Ayes - 3; Mayor Daly, Council Members McCracken and Tait. Noes - 1; Council Member Kring. Abstention - 1; Council Member Feldhaus. Mark Lopez: Ayes - 1; Mayor Daly. Noes - 2; Council Members Kring and Tait. Abstention- 2; Council Members McCracken and Feldhaus. Patrick Pepper: Ayes - 2; Council Members Kring and Tait. Noes - 1; Mayor Daly. Abstention - 2; Council Members Feldhaus and McCracken. The two top candidates that received a tie vote, Gail Eastman and Harry Sidhu, were voted on again. Gail Eastman: Ayes - 2; Council Members Feldhaus and Tait. Noes - 1; Council Member Kring. Abstention - 2; Mayor Daly and Council Member McCracken. Harry Sidhu: Ayes - 2; Council Members McCracken and Tait. Noes - 1; Council Member Kring. Abstention - 2; Mayor Daly and Council Member Feldhaus. Mayor Daly changed his vote for Gail Eastman to a yes, which reflected the following roll call vote: Ayes - 3; Mayor Daly, Council Members Feldhaus and Tait. Noes - 1; Council Member Kring. Abstention - 1; Council Member McCracken. Council Members Kring and McCracken changed their votes to ayes for Gail Eastman, making the appointment unanimous. Items B1 throuqh B11 From Planninq Commission Meetinq of June 18, 2001: (No action necessary unless Council desires to set a particular item for public hearing.) APPEAL PERIOD ENDS JULY 10, 2001: B1. CONDITIONAL USE PERMIT NO. 2001-04327 WAIVER OF CODE REQUIREMENT AND NEGATIVE DECLARATION: OWNER: The Eparchy of Our Lady of Lebanon 333 South San Vicente Boulevard, Los Angeles, CA 90048 AGENT: St. John Maron Catholic Church, Attn: Reverend Antonie Bakh, 1546 East La Palma Avenue, Anaheim, CA 92805 LOCATION: 1546 East La Palma Avenue. Property is approximately 1.29 acres located on the south side of La Palma Avenue, 140 feet east of the centerline of Anna Drive (Saint John Maron Catholic Church). To construct an addition to an existing church with waiver of (a) minimum number of, (b) maximum structural height, (c) minimum front yard setback and (d) minimum rear yard setback. '""TT ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 15 ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2001-04327 granted (PC2001-74). (6 yes votes, Commissioner Bristol absent). Waiver of Code Requirement approved. Negative Declaration previously approved. B2. CONDITIONAL USE PERMIT NO. 931 WAIVER OF CODE REQUIREMENT CATEGORICALLY EXEMPT - CLASS 1 OWNER: Arnel and Marie Melody Reyes 2270 Ashbourne Drive, San Marino, CA 91108 LOCATION: 1652 West Broadway. Property is approximately 0.42 acres with a frontage of 90 feet on the south side of Broadway located 815 feet east of the centerline of Euclid Street (Amaryllis Court). To modify operational conditions for an existing rest home for the elderly to permit board and care for disabled adults ages 18 to 59, and to increase the number of clients to 66 persons with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Approved modification to Conditional Use Permit No. 931 for two years to expire on June 18,2003 (PC2001-77) (6 yes votes, Commissioner Bristol absent). Waiver of Code Requirement approved. B3. CONDITIONAL USE PERMIT NO. 2001-04376 AND CATEGORICALLY EXEMPT - CLASS 14 OWNER: David R. Jackson, 7975 Weirick Road, Corona, CA 92883 AGENT: Daniel W. Jackson, 1575 West Mable Street Anaheim, CA 92802 LOCATION: 2220 - 2240 West Seauoia Avenue. Property is approximately 5.6 acres with a frontage of 895 feet on the south and west sides of Sequoia Avenue located 180 feet east of the centerline of Siesta Street (Fairmont Private School). To permit two temporary modular classrooms for a previously approved private school. ACTION TAKEN BY THE PLANNING COMMISSION: Conditionai Use Permit No. 2001-04376 withdrawn (6 yes votes, Commissioner Bristol absent). B4. CONDITIONAL USE PERMIT NO. 2001-04373 WAIVER OF CODE REQUIREMENT CATEGORICALLY EXEMPT - CLASS 11 OWNER: Maris E. Vanags, 1510 North State College Boulevard, Anaheim, CA 92806 AGENT: Patricia Pereyra, 555 North State College Boulevard, Suite #100, Anaheim, CA 92806 LOCATION: 555 North State Colleae Boulevard. Property is approximately 0.89 acres located at the southwest corner of La Palma Avenue and State College Boulevard. To permit a mobile magnetic resonance imaging (MRI) unit and generator to be located in the parking lot of a medical office building with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 16 Conditional Use Permit granted, in part, for two years to expire on June 18, 2003 (PC2001-78) (6 yes votes, Commissioner Bristol absent). Waiver of Code Requirement approved. B5. CONDITIONAL USE PERMIT NO. 4027 CATEGORICALLY EXEMPT - CLASS 1 OWNER: J.D. Gantes Airport Properties, P.O. Box 80340 Rancho Santa Margarita, CA 92668 AGENT: C & R Development, Attn: Rodney Bickle 4298 Yukon Avenue, Simi Valley, CA 93063 LOCATION: 8295 East Santa Ana Canvon Road. Property is approximately 2.33 acres located at the northwest corner of Santa Ana Canyon Road and Weir Canyon Road (Burger King). To permit roof-mounted mechanical equipment on top of an existing fast food restaurant. ACTION TAKEN BY THE PLANNING COMMISSION: Denied Conditional Use Permit No. 4027 (PC2001-79) (6 yes votes, Commissioner Bristol absent). B6. CONDITIONAL USE PERMIT NO. 3860 AND NEGATIVE DECLARATION: OWNER: Scenic Corridor Industrial Park, ACA General Partnership, 2900-A Bristol Street, Suite #201, Costa Mesa, CA 92626 AGENT: WFI, Attn: Shannon McDonald 15901 Hawthorne Boulevard, Suite #306, Lawndale, CA 90260 LOCATION: 5620 East La Palma Avenue. Property is approximately 8.78 acres with a frontage of 520 feet on the south side of La Palma Avenue located 585 feet west of the centerline of Imperial Highway. To permit reinstatement of this permit and to delete a condition of approval pertaining to a time limitation (approved on August 19, 1996 to expire August 19, 2001), to retain a previously approved telecommunication monopole antenna and accessory ground- mounted equipment. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement to Conditional Use Permit No. 3860 for five years to expire on June 18, 2006 (PC2001-80) (5 yes votes, Commissioner Bristol absent, Commissioner Koos declared a conflict of interest). Negative Declaration previously approved. B7. CONDITIONAL USE PERMIT NO. 4140 AND NEGATIVE DECLARATION: OWNER: John Sewan and Helen H. Kim 2233 Via Puerta, Apartment G, Laguna Hills, CA 92653 AGENT: Reverend Young J. Ko 3321 West Lincoln Avenue, Anaheim, CA 92801 LOCATION: 3321 West Lincoln Avenue. Property is approximately 0.84-acres with a frontage of 122 feet on the north side of Lincoln Avenue, located 1,118 feet west of the centerline of Western Avenue (Western Young Nak Church). Request for reinstatement of this permit by modification or deletion of a condition of approval pertaining to a time limitation (approved on July 19, 1999 to expire on June 19, 2001), to retain a church within an existing office building. .""......' .o,_,'_""w', ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 17 ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement to Conditional Use Permit No. 4140 with deletion of time limitation (PC2001-81) (6 yes votes, Commissioner Bristol absent). Negative Declaration previously approved. Mayor Daly asked if staff was comfortable with deleting the time condition on Item B7 and Mr. Hastings, Planning Department, responded that they were, that this particular church use was hidden behind a gate and was considered unmarketable in its present condition. B8. CONDITIONAL USE PERMIT NO. 2001-04372 CATEGORICALLY EXEMPT - CLASS 11 OWNER: Vineyard Christian Fellowship 5340 East La Palma Avenue, Anaheim, CA 92807 AGENT: Craig A. Pahl, 5340 East La Palma Avenue Anaheim, CA 92807 LOCATION: 5300 - 5340 East La Palma Avenue. Property is approximately 23.1 acres with a frontage of 1,187 feet on the south side of La Palma Avenue located 2,370 feet west of the centerline of Imperial Highway (Vineyard Christian Fellowship). To construct two marquee signs. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 2001-04372 granted, subject to conditions of approval (PC2001-82) (6 yes votes, Commissioner Bristol absent). Council Member McCracken Council Member McCracken said she was concerned about the setting a precedent, indicating that the City had denied this signage for car dealers, shopping centers and had not allowed it for other churches in the Canyon. She said she was concerned with the size and type of signage. She requested a hearing be set. Mayor Daly questioned the number of pole signs and he asked staff if they were going to recommend similar signs up and down La Palma and Mr. Hastings responded that there were only certain uses allowed to request marquees under conditional use permit, which included churches, schools, amusement facilities and community service organizations and auto dealerships, all by conditional use permits subject to Planning and Council approval. Mayor Daly said he would support Council Member McCracken's request for a hearing. Mayor Daly asked if it was consistent with the specific plan for the Anaheim Canyon Business Center. Staff said this was a citywide requirement for churches and schools and it was consistent. Mayor Daly reaffirmed his support to set the item for a hearing. REPORTS AND RECOMMENDATIONS: B9. CONDITIONAL USE PERMIT NO. 4084 - REQUEST FOR RETROACTIVE EXTENSION OF TIME AND NEGATIVE DECLARATION: Farano and Kieviet Lawyers, Attn: Jeffrey Farano, 2300 East Katella Avenue, Anaheim, CA 92806, requests a retroactive extension of time to comply with conditions of approval (originally approved on January 4, 1999 with an extension to expire January 4, 2001) for ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 18 a previously-approved outdoor recreational vehicle and boat self-storage facility with an on-site manager's office/living unit. Property is located at 1631 South Euclid Street, Southern California Edison Easement. ACTION TAKEN BY THE PLANNING COMMISSION: Approved Conditional Use Permit No. 4084 for retroactive extension of time for one year to expire on January 4, 2002 (6 yes votes, Commissioner Bristol absent). Negative Declaration previously approved. Mayor Daly asked staff if they were comfortable with the decision. Mr. Hastings said staff recommend a closer look at the item because it was in the West Anaheim Redevelopment Area and Planning Commission felt that since there was no exact plan for the property from a redevelopment point of view, they would allow this final time extension, they were allowed two and this was the second one. Mayor Daly asked that since the item was a report and recommendation item and if he disagreed with the Planning Commission decision, what process would be followed. City Attorney White said the Council had the right to call up any item on a decision made by the Planning Commission, that it would not be a public hearing because it was a report and recommendation, but that it could be scheduled for a future agenda for discussion. Mayor Daly requested Item B9 be set for discussion on July 24, 2001. Council Member McCracken seconded motion. Council Member Feldhaus stated that in six months their extension would be up and he asked if original entitlements were passed for it. Mr. Hastings answered that was correct. Council Member Feldhaus asked if there had been any activity to change or alter them, to which Mr. Hastings responded no. Council Member McCracken asked who owned the property and Mr. Hastings answered that the land was owned by Edison but he did not know if a lease had been entered into. Council Member McCracken said she recalled that Council had a hearing on the item a couple of years ago and he said that this was just a time extension. Mayor Daly said there had been a lot of consideration regarding preserving these easements and that he did not see enough of a strategy or plan to implement that vision and was troubled by the statement that redevelopment had no particular vision for the property. The item was scheduled for discussion on the July 24, 2001 agenda. B10. CONDITIONAL USE PERMIT NO. 2000-04201 - RETROACTIVE EXTENSION OF TIME AND NEGATIVE DECLARATION: Barry Jacob, 2355 Main Street, Irvine, CA 92614, requests a retroactive extension of time to comply with conditions of approval (originally approved May 8, 2000 to expire "..--. ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 19 May 8, 2001) for a previously-approved expansion of an existing car wash facility with an oil/lube service facility and shade canopy with waivers of (a) permitted freestanding sign, (b) maximum number of wall signs and (c) required setback adjacent to an arterial highway. Property is located at 8290 East Crystal Drive (Checkered Flag Carwash). ACTION TAKEN BY THE PLANNING COMMISSION: Approved Conditional Use Permit for retroactive extension of time for one year to expire on May 8, 2002 (6 yes votes, Commissioner Bristol absent). Negative Declaration previously approved. B 11. CONDITIONAL USE PERMIT NO. 3935 - REVIEW AND APPROVAL OF FINAL SIGN PLANS AND NEGATIVE DECLARATION: Bhikhu Patel, 24351 ReDe Gauguin, Laguna Niguel, CA 92677, requests review of final sign plans for a previously-approved restaurant banquet facility with on-premises sale and consumption of alcoholic beverages, with waiver of minimum number of parking spaces. Property is located at 1125 North Magnolia Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: Conditional Use Permit No. 3935 approved, in part, final signage plans subject to modifications (6 yes votes, commissioner Bristoi absent). Negative Declaration previously approved. 6:00 P.M. Public Hearinas: Mayor Daly asked that Public Hearings C2 and C3 be taken out of order. C2. To consider the abandonment of two electrical utility easements located north of Lakeview Avenue and northwest of Peralta Hills Drive. At their meeting held June 5, 2001, the Anaheim City Council adopted Resolution No. 2001 R- 122 declaring its intention to vacate certain public streets, highways and service easements and setting a date and time to consider the abandonment of two electrical utility easements located generally north of Lakeview Avenue and northwest of Peralta Hills Drive (Abandonment No. ABA2001-00033). REQUESTED BY: Brian Kerr, 34 Balboa Coves, Newport Beach, CA 92663. Natalie Meeks, Public Works, reported that staff was recommending abandonment of the two electrical easements. She said the property had a tentative track map approved for redevelopment of the property and these new easements for electrical service would be dedicated on that track map. Mayor Daly opened the public hearing and hearing no testimony, he closed the public hearing. Mayor Daly moved, seconded by Council Member McCracken, to approved the CEQA environmental find of Categorically Exempt, Class 5. Motion carried unanimously. Mayor Daly offered Resolution No. 2001 R-194 for adoption. . ..,,,.' ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 20 RESOLUTION NO. 2001 R-194 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS (ABANDONMENT NO. 2001-00033). Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes - O. Motion carried. C3. To consider the abandonment of various utility easements and facilities located within Tract No. 11830. At their meeting held June 5, 2001, Item A 17, the Anaheim City Council adopted Resolution No. 2001 R-123 declaring its intention to vacate certain public utility easements and setting a date and time to consider the abandonment of various public utility easements and facilities located within Tract No. 11830 near the northeast corner of Lincoln Avenue and Beach Boulevard (Abandonment No. 96-6A). REQUESTED BY: Anaheim Redevelopment Agency, on behalf of Lincoln Beach Associates, LLC, 14011 Ventura Boulevard, Suite 404, Sherman Oaks, CA 91423 Sheryll Schroeder, City Clerk announced that Staff had requested a continuance on this item to August 7, 2001. Council unanimously approved staff's request for a continuance to August 7, 2001. C1. CONTINUED PUBLIC HEARINGS: To consider the grant of up to three non-exclusive franchises for the purpose of operating taxicab services in the City pursuant to City Charter Section 1401 and Anaheim Municipal Code Chapter 4.73. Mayor Daly requested a brief staff report to focus on any recent details or developments. City Attorney, Jack White, stated that since the pubic hearing was opened at the June 12, 2001 Council meeting, additional information in the form of documents had been received and was to be added as exhibits to the record of the four hearings. He said that previously there were 28 exhibits that were marked and an exhibit list was made available at the last meeting. He said that there were an additional eight items and he read them for the record. Exhibit 29 was voluntary petition of American Livery Inc., filed in U.S. Bankruptcy Court. Exhibit 30 was a letter from Callahan and Blaine to Dave Nunley, dated June 11, 2001, entitled A White and Yellow Cab Inc. vs. Proshield Inc., with attachments. Exhibit 31was a letter from Farano and Kieviet dated June 22, 2001, entitled "New Information on American Livery, Inc.", with attachments. Exhibit 32 was a letter from Farano and Kieviet dated June 22, 2001, entitled "Taxi Franchise RFP Requirement of Audited Financial Statement". ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 21 Exhibit 33 was a letter from Farano and Kieviet dated July 5, 2001, entitled "Protest to recommendation of Taxi Franchise to A White and Yellow Cab, Inc., dba A Taxi Co". Exhibit 34 was a letter from Farano and Kieviet dated July 5, 2001, entitled "Protest to recommendation of Taxi Franchise to American Livery". Exhibit 35 was a letter from Farano and Kieviet dated July 5, 2001, entitled "Support for recommendation of Taxi Franchise to California Yellow Cab". Exhibit 36 was a letter from Rick Schorling, President of American Livery, Inc., dated July 6, 2001, entitled "Taxicab Franchise Hearing, Ongoing Misstatements", Mr. Farano on behalf of California Yellow Cab. City Attorney White stated that the 36 items were deemed exhibits and in the record for each of the four hearings. He said, as indicated previously, the Council had four applications before them to award a maximum of up to three taxi franchises for 230 taxi cabs to operate in the City, pursuant to franchise. As he had indicated at the last meeting, City Attorney White said that he recommended that these be done sequentially, starting in the order that they were listed on the agenda, opening each hearing, hearing from the applicant, hearing from anyone else in favor of that particular franchise, then hearing from anyone in opposition or having an objection, or as the Charter stated, protesting the award of the franchise and finally, giving the applicant an opportunity to rebut and sum up and then close the hearing and proceed sequentially with all four of the hearings, after which it would then be in the hands of Council to make a determination with regard to the applications. Mayor Daly asked for the staff report, which was presented by Code Enforcement Manager, John Poole. Mr. Poole said that the only thing he would add was that as Code Enforcement received correspondence from each of the applicants, the information was faxed and sent to all of the applicants so everyone would get the information as quickly as Code Enforcement had received it. Code Enforcement would get it out the same day, he said, and he hoped that they had all the information. If someone needed information that they did not get that was referenced, Mr. Poole said he had copies available. Mayor Daly asked if there were any questions of the staff before the publiC hearings were opened. Since there were no questions, Mayor Daly said that they would go to the first of the four hearings, on the application of Yellow Cab Company of Northern Orange County. (A) Public hearing on application of Yellow Cab Company of Northern Orange County for a non-exclusive franchise for the operation of 130 taxicabs and temporary permits for up to 30 additional taxicabs pursuant to the terms and conditions set forth in the applicant's proposal (Continued from Council Meetings of April 17, 2001. Item A48 and June 12. 2001, Item C1). Larry Slagle, representing Yellow Cab of North Orange County, 1619 East Lincoln Avenue, had a report that he read to Council and said that he understood that everybody had access to the report and he would like to present a somewhat short and sweet presentation of what Yellow Cabs' attributes were and where they were at now. He said, as you know, State law required that cities regulate taxi cabs because they were considered an essential public transportation ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 22 system operating many times where there was no public transportation available. Generally, he said, those people who need that transportation, were transit dependent, unemployed seniors and could be visitors. He said that he had worked with staff and attended work sessions to go through the process of the franchise and he believed that Yellow Cab could accommodate the request of the City either in the permit process or the franchise process and Yellow Cab was present and wanted to speak to their proposal. Mr. Slagle said that Yellow Cab had been in business in the City since 1945 and it was operated by his family exclusively for that period of time. Currently, he said, his family had over 100 years of experience and came to work everyday; daily operated that system, participated in the community to get feedback and participated in the industry. He said that he has been President of the California Taxicab Association, International Taxicab Association, President of the Chamber, Visitor and Convention Bureau, YMCA and various organizations where Yellow Cab would participate in community activities and be represented to the City as an operator or a public transportation system, fully taking the responsibility for the service given to the residents. Mr. Slagle said that Yellow Cab went through the process and submitted a fairly intense proposal and worked with the consultant who dealt with many of the Yellow Cab records because they had a computerized dispatch system and that was one of the requirements. He said that as a matter of fact, Yellow Cab had the first system that was fully computerized in the United States. He said that Yellow Cab had been fairly aggressive in providing innovative services beginning with special checker automobiles, water bumpers and they had the first 100 percent compressed natural gas system in the United States in 1982. He explained that they put that in checkers; discontinued that when they discontinued service and went to propane system. Various numbers of Yellow Cab's automobiles had been outfitted with propane, installed the teller track system at one point in time, he said, and a vehicle locator service, which was not integrated with the vehicle dispatch system and Yellow Cab was in the process of working on that integration with the Gandoff GMSI System. He said that Council had probably seen the evaluation of the ratings, the summary, the whole proposals. Yellow Cab had been working with staff in the hearings and had eliminated over 50 top signs on their existing cars at a substantial financial burden to Yellow Cab, he said. They now had in excess of fifteen luxury cars in their fleet and had added an additional, or replaced an additional 32 cars this year, he noted. He believed that Yellow Cab was well on their way to conforming and if Council referred to the chart, out of 100 points, he said, Yellow Cab scored 93 and they were proud of that score. The next closest provider, he stated, was at 77 points. He believed that there was a significant indication that staff and the consultant had recognized that Yellow Cab had spent a lot of time and money, un-reimbursed money in some cases, to provide quality service. There was an excess of 30 million guests per year that came to the City in addition to the residents and they had very few, if any, complaints regarding transportation services. Yellow Cab provided services 24-hours per day, he said and that money was made in the day time and was lost at night and money was made on long trips and lost on short trips. He said that the volume that Yellow Cab has had, and the program that had been implemented, provided that service 24- hours per day at some significant expense. Yellow Cab had endeavored to keep their cost down, technology up, personal attention high to maintain that level of service, he said, and again, came up with the 93 score. Yellow Cab was committed, whether it was a permit or a franchise system, to provide the best quality service they could, he expressed. Mayor Daly asked if there were persons who would like to speak in support of the Yellow Cab application and there were none. -....,.,.. ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 23 Mayor Daly asked if there were persons who would like to speak in opposition of the Yellow Cab application. Mary Ann Cazzell, representative of South Coast Cab Company, 2230 West Chapman Avenue, Suite 200, Orange said she opposed and objected to the franchise procedure and added that there was a problem with the franchise. She said that in March, the California Supreme Court effectively approved the 117 permits granted to South Coast Cab. She said the City, four months later, with no mention even in the preliminary comments about what was going to happen with South Coast Cabs permits. She said that as she understood it from the staff recommendation in the proposals, there had been lip service paid to honoring the California Court's ruling by saying that South Coast Cab could have its 117 permits for one year and then phase down to 30 permits after one year was over. She said that there was a real problem with that. She said South Coast Cab now had 58 permits in the City even with what came out in the Anaheim Bulletin on July 5, 2001. She said that they had South Coast Cab drivers threatening to not renew their leases because this was a rumor mill of an industry and they had other people not wanting to come on board. She said that what happened with phasing out permits like this, it kept South Coast Cab from ever getting its 117 permits. She indicated that rather that going up from 58 to 117, most likely, by attrition, it would go back down to 30. She said that South Coast Cab had the edict of the California Supreme Court saying that here were their permits and go forward with them. Instead, she said, there was a company that was now operating in the City and doing a good job and had been based in the area for ten years, which really had better credentials than some of the other proposals. For example, she said that the third seated one, or the third ranked one, as far as she understood, never submitted audited financial statements; the fourth one had a ranking in the 50 percentile. South Coast Cab was better qualified, she believed, and now there were being phased out and purporting to phase other people in. She believed that it was a situation where if it was not broken, it should not be fixed and she believed that the taxpayers of the City could be subjected to some serious monetary damages. She stated that she believed that the City should not perpetuate a mistake already made and should not go forward with the franchise proposal. Mayor Daly asked if there were any other persons who wished to speak in opposition of Yellow Cab of Northern Orange County and there were none. He said that the fourth step was that the applicant had the opportunity to respond and summarize. Larry Slagle said that Ms. Cazzell had made a good point and the consultant had worked with staff and recommended that there was a need for 230 permits in the City. He said if Council issued those permits through the franchise process, in additional to the 117, there was going to be a glut on the market. In Mr. Slagle's opinion, that mean that no one could provide the service that the City was looking for and no one could spend the money because a company could not make it and would be loosing drivers and unable to replace certain cars. He believed that as part of the process, Council should look at what that demand was and there was a mechanism for assessing that demand on a go forward basis. To go too fast, he believed, would be just as bad as going too slow. He said that he had seen the newspaper articles and Disney was under achieving and the sky was not falling because the system had not been implemented as they thought was needed to in January. He said that many people were now going to Downtown Disney, which was the goal to keep them here and so Yellow Cabs trips were shorter. Many of the hotels had been built and the trip that normally, in a major convention, would take Yellow Cab to Irvine or Costa Mesa, took them to Garden Grove or Santa Ana and they were back in business again and ready to go. He said that whatever the decision that was made, if all of the permits were issued, he believed that it would be chaos in the City and that there would be .-". ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 24 issues with ability to provide an on going business. He said if Council looked at the applications that were submitted, every company, including Yellow Cab, in that last three years, either broke even or lost money, and one in the process was in bankruptcy. He believed that those numbers were an issue in terms of viable ongoing businesses. Mayor Daly stated that the hearing on the application of Yellow Cab Company of North Orange County was closed at this time. He suggested that the Council not act on the individual applications until all the hearings had been conducted and he asked the City Attorney if there was any motion to be made. City Attorney White said that there was not and that Council could take all the evidence on all the applications and then sort that out and determine how it wanted to proceed. (B) Public hearing on application of American Livery, Inc. d.b.a. American Taxi for a non- exclusive franchise for the operation of 50 taxicabs and temporary permits for up to 30 additional taxicabs pursuant to the terms and conditions set forth in the applicant's proposal (Continued from Council Meetings of April 17, 2001, Item A48 and June 12, 2001, Item C1). Mayor Daly announced that the Council was moving to the second public hearing which was American Livery dba American Taxi. He said that the same procedure would be followed as was for the previous hearing and he then opened the hearing and asked for a representative of the applicant. Rick Schorling, President of American Taxi, said American Taxi was founded on an environmental principal of clean air. He said that American Taxi was the first and still the only 100% compressed natural gas taxi operator in the country. He said that his company was evaluated by City staff and given what he felt was a fair rating. Part of that rating, he noted, had to do with the fact that everything at American Livery was new, such as new cars and a new company. He said that because American Taxi did not have a proven track record, as a company, he understood the points taken away for that. He explained that the company was two years old and had completed their first year of successful operation at John Wayne Airport. Staff, the newspapers, John Wayne Airport and the County of Orange had all verified that American Taxi was in compliance with the contract and that the service had been excellent. They had achieved the highest approval rating of any taxi company ever operating at John Wayne Airport, he said, and all of this was well documented. Mr. Schorling said that the information had been reviewed, investigated, evaluated and audited by American Taxi's auditors, by John Wayne Airport staff every six months, by the County of Orange and by the cities of Anaheim and Torrance, by the U.S. Trustees Office and by the Bankruptcy Court. All of the findings had come back the same, that the company was sound, had an operational success, was in a Chapter 11 bankruptcy because of a dispute with Ford Commercial Credit, he said. He explained it dated back to the very beginning of the operation, that he had made commitments to Ford Credit and Ford Motor Company and they made commitments to him. He said he fulfilled his end and Ford did not fulfill theirs. He explained that in a normal Chapter 11 bankruptcy, the first thing that happened was that everything was cut to the bone and none of that happened at American Livery, no one lost their job and no expenses were cut back because there was a major dispute with Ford Credit who owned all of the cars. Mr. Schorling stated he had filed with the U.S. Trustees Office and with the Bankruptcy Court new financing which would remove Ford Credit from their ownership of the vehicles, allow American Livery to purchase immediately 100 additional vehicles and prove to the Bankruptcy Court that American Taxi had a plan of reorganization not only to come out of bankruptcy but to come forward on a . ~"""' ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 25 permanent basis. Mr. Schorling asked that Council consider the staff recommendation and go ahead with the franchise process as it was designed and recommended by staff. Mayor Daly asked if there were persons present to speak in support of the application of American Taxi and hearing none, asked for persons who wished to speak in opposition of the application of American Taxi. Jeff Farano, 2300 East Katella Avenue, Suite 235, representative of California Yellow Cab, was the author of a letter which was one of the exhibits listed. He believed that the staff report did not come back with any indication of response to any of those. He said that those were the letters that were submitted of approximately 15 to 20 different exhibits that Mr. Farano had asked staff to review. Mr. Farano's position was that California Yellow Cab was not one of the loosing applicants attacking one of the better applicants but one of the better applicants that was revealing information that should have been revealed in the first place. He believed that no one else in the process would do that, he said. He believed that American Taxi had highlighted all the benefits and did not highlight any of the problems. Mr. Farano said that since Council was being asked to make a decision of the applicants based on the information provided, based on an evaluation and scoring process of the applicants and he believed that City Attorney White had made that clear last time. California Yellow Cab believed that it was not fair in that all of the information was not reviewed, was not before the evaluating committee and not before Council and he said it was put upon Yellow Cab to reveal some of the information to Council. With regard to the bankruptcy information, he said, it was understandable that they were in bankruptcy protection and he understood the necessary procedures of bankruptcy protection. He believed that the information was not in front of Council at the time the evaluation was made. That information, he said, included a substantial number of items, which were listed in the letters and he did not want to go over all of that with Council tonight. He just wanted to summarize some of the information which was considered to be substantial material which went to two criteria: financial stability and the ability to perform. The first one, he said, was representation under application that they would be receiving $110,000 per month in incentives from the South Coast Air Quality Management District. In review of the information from the Air Quality Management District and in review of the information in the bankruptcy papers, that money would not be coming and that would be $110,000 per month that they indicated that they would be receiving. Mr. Farano submitted in his papers, declarations from representatives in the bankruptcy court to indicate that it was not coming. Mr. Farano had a copy of the minutes from South Coast Air Quality Management District in November of 2000 where it was stated that that money would not be coming. American did not represent that, at that time of their application, they were six months past due in their car payments, he added. They did not indicate in their application that they were six months past due in the fleet maintenance of their cars and they did not indicate in their information that there was substantial litigation among the investors and partners as to the control and ownership of the company. They had not represented even yet tonight that Ford Motor Company made a motion last week, still attempting to repossess the vehicles, he added. American represented in their financial information that they would be setting aside $40,000 to $100,000 per month, he said, as a method of financing and purchasing the new vehicles, but yet in the bankruptcy papers that he had reviewed to date, that money was not being set aside. Their method of being able to acquire these vehicles was suspect, he felt. Mr. Farano said that tonight was the first time that he had heard that American had someone sitting in the wings willing to step up and pay the money and that was substantial information that should be reviewed by the evaluation committee whether they had the means and the ability to buy the equipment. American was saying tonight, and in the papers that they submitted, that this was confidential and they would not reveal it, he said. Mr. Farano believed '1T ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 26 that in other words, American was saying to trust them and that they would come up with something. That was not how the evaluation process worked, he explained. He said that American was being sued by eight different investors of either the existing or the previous company, but he was not certain who. Mr. Farano said that there was substantial litigation floating around which went directly to their ability to perform in accordance with the proposal. American received 21 points out of 25 on the category of ability to perform and this was a company that was in bankruptcy, substantial litigation and apparently had no means of acquiring the vehicles, he said, yet they received 21 out of 25 points for the relative category of ability to perform. Mr. Farano said that was extremely relevant and according to the information that was given to Council two hearings ago by Mr. White and he believed that these were things that Council could consider. He said that Council could not reject American because they were in bankruptcy but that Council could consider relative information as to their financial ability and whether this information was misrepresented to Council. Mr. Farano submitted to Council that they knew all the information existed and they had decided to hold it back hoping that they would eventually get the Anaheim proposal before they had to file bankruptcy. He believed that the process got delayed and now American was just waiting out time to see which one came first. Mr. Farano believed that American should be re-scored in several categories, such as financial stability and ability to perform should be reevaluated down to a much lower score in relation to their process. Mayor Daly asked if there were any other persons wishing to speak in opposition to this application and if not, he said, the applicant had an opportunity to respond and summarize as the final step. Rick Schorling said that there was no question that the bottom line of everything having to do with American Livery was up to the bankruptcy judge. He said that that was something he knew going in and he knew that that would be the fate. Regardless of what Mr. Farano said, that was the bottom line that the bankruptcy judge would make the determination if the company was to go forward, he said. New financing, the ability to payoff one secured creditor who was the only secured creditor, he believed was reasonable enough for anyone, including the judge to say that this was what was needed and this was what was required to go forward and they would do everything necessary to cenfirm that the money was there. Mr. Schorling said that he had absolutely no problem providing staff with the information that had been submitted to the court which detailed the financing and an out line of the plan of reorganization and the bottom line was that it was up to the judge. Mr. Schorling believed that the plan of reorganization was what he and the Trustee wanted to see. He believed that the final plan of reorganization would be confirmed and everything financially would be fine. Despite the filing of the Chapter 11, operationally, nothing changed, said Mr. Schorling and the County of Orange, John Wayne Airport and staff had verified that and everything had remained the same. Mayor Daly, hearing no further comments, closed the public hearing. (C) Public hearing on application of A White and Yellow Cab d.b.a. A Taxi Cab for a non- exclusive franchise for the operation of 50 taxicabs and temporary permits for up to 30 additional taxicabs pursuant to the terms and conditions set forth in the applicant's proposal (Continued from Council Meetings of April 17, 2001, Item A48 and June 12, 2001, Item C1). Phillip Anthony, on behalf of A Taxi Cab, said that Council had had a lot of information about the evaluation process that had been gone through on the franchise proposal program. He said ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 27 that there was always difficulties with a group of human beings scoring in this kind of a process and that there would be people who were disappointed. He said that there were a couple of charges made by Mr. Farano that he wanted to answer and one was the question of the audited financial statements. He believed that staff clarified at the last meeting that there was no mandatory requirement for audited financial statements. It was not one of the hard requirements of the franchise Request For Proposal and it was a factor in scoring. Mr. Anthony realized that A Taxi Cab did not have them, never had them and did not need to have them and chose to loose a few points as opposed to wasting time and money creating audited financials. He believed that Council had seen, with another applicant, that audited financials were no guarantee of anything. The other thing that Mr. Farano had told Council, said Mr. Anthony, was that A Taxi Cab had insurance problems. He believed that Council had a large document from A Taxi Cab that they were the victim of insurance fraud back in May. Within less than 48-hours of finding out about it, A Taxi Cab corrected it, he said, and in fact, got insurance coverage so there was no lapse at all. It was unfortunate that it happened, but it was corrected immediately. He said that the one thing that was real about the situation for A-Taxi Cab was the experience. A Taxi Cab had been serving the City for fourteen years along with the other providers that Council had heard from tonight. A Taxi had a record of top service to the City and that was real, he said. Fourteen years of steady, dependable top quality service, he said, and virtually no complaints of any kind. In fact, he said, the two incumbents had been serving the City very well covering the needs of the people, the citizens as well as the needs in the Resort Area. Like it or not, he said, the court had given Council a third company to serve the City, the one Council just heard about a few minutes ago. Given the two incumbents, and the one the court gave the City, he said the City had three companies that were here right now, he said. He said that perhaps that might be the sensible answer at this point, to keep the two incumbents, the courts had given the City a third company. He believed that if the two incumbents had at least 100 cabs, put them on a parity with the court ordered 117 cabs, there would be a fairly sensible situation where the three companies would be on somewhat equal footing to compete with each other and a sense of parity, and hopefully keep the quality up. Mr. Anthony said he thought, as was said earlier, having too many taxis actually available was a threat to the quality of service and also the profitability of the companies. He said, unfortunately, if the profitability deteriorated, often the quality of the service deteriorates to try to save cost and to survive. That was an unfortunate situation, he said, and that was what Council was facing tonight. A Taxi Cab Company was a top quality company, said Mr. Anthony. He said that they now had fully operational, the very best, computer aided dispatch system with full Global Positioning Satellite of any company in Orange County. The system A Taxi had, the digital dispatch systems or so called taxi track system, was rated best in the country, probably best in the world, he said. That system was now fully operational and he wished that Council had a chance to see it because it was truly a remarkable state of the art system. The total location of all cabs at all times, total tracking of where they had been, going back days, months, weeks if necessary, he said, and the ability to put the closest driver, the closest cab that was not occupied to the customer as soon as possible. In fact, he said, since the system had been running, A Taxi was having remarkable results with minimum dispatch, minimum response times. He said that the City's RFP required a minimum of twenty minutes for 80 percent of the calls and A Taxi was actually experiencing five minutes response times. It also required for 96 percent of the calls within 45 minutes, A Taxi was seeing results within 20 minutes, he said. This was truly a modern remarkable system and the best that was available, it was fully operational, serving the City at this moment, he added. Mr. Anthony said that what the cab system divided the City into fourteen different zones, totally computer controlled. Six of those, he said, were dedicated to the Resort Area. The system tracked the City in terms of sixteen geographical zones and controlled the cabs to the customers in the most efficient way in those sixteen zones. He explained that the computer --Tr ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 28 system was in house but was not operational when the team visited during the evaluations. It was unfortunate timing but it was operational now, he said. He said that A Taxi also had newer taxis in its fleet. The ones serving the City were 1999 Windstar vans and 1998 Crown Victoria sedans, he said. A Taxi was the leader in introducing van service to this area and the vans were a wonderful feature for particularly the Resort Area with the families, he said. He explained that six people could travel for the price of one and if there was a family with up to six people, the van was the answer and they had been extremely well received. He said that the other companies were now starting to introduce vans. It was a new fleet, 1998's and 1999's and also all of the drivers, for years, had followed a strict dress code. Every driver had black shoes, black pants, white shirt and maroon tie, he said. They dress that way by requirement of the company and it was reflected in their pride and their service and he reported that it has had very good results and was well received by the customers. The company was run by one of the top owner/operators around, he said. A Taxi's owner, except for Mr. Slagle, had had the longest career in Orange County and the last fourteen years in the City, he said. In fact, he noted, of the three other companies Council had been hearing about tonight, their owners were all former employees of A Taxi Cab's, all trained by Mr. Nabati, the owner/operator of A Taxi Cab. Mr. Anthony thought that the real payoff was in the service to the citizens in the Resort Area. A Taxi had fourteen years of proven record of service to the community and A Taxi sent Council some testimonials to that effect, he added. Mr. Anthony said Council should have received the 29 written statements from key personnel, in thirteen different hotels and motels in the Resort Area, personally stating how pleased they were with the efficiency and the quality of service, the courtesy, the appearance, the reliability, the on-time responses of A Taxi cabs and he urged Council to keep them serving the community. Mr. Anthony said that it came down to the quality of service to the citizens and visitors in the Resort Area and he believed that A Taxi had a record of performing that way and would like to continue with the City and he urged Council to consider keeping the two incumbents and give them at least 100 cabs each and with the other company, 117 permits by the court. He said that would at least keep a reasonable number of companies in the community and gave them all a roughly equal number of cabs to work with and hopefully they could compete on a sensible basis, keep in business and keep the quality up. He said that he and Mr. Nabati were present to give any detailed responses requested by Council. Council Member Tait said to Mr. Anthony that he had mentioned something early on in the presentation about the audit that was not a requirement and he asked if that was stated in the request for proposal, that it was not a requirement. Mr. Anthony said that it was and that the RFP went through a whole number of requirements and then it got to a section called evaluation measures and it was asking to provide audited financial statements and the thought was that if the company did not provide them, they would lose points. That was what the staff had confirmed, he said. He believed that Mr. Poole had verified that at the last meeting but it was something to be scored, but it was not an absolute mandatory requirement for the proposal. Mr. Poole said that a request was sent to A Cab for an audited statement and they gave a reason why they could not submit that and they were graded lower because of that. Mr. Anthony said that A Taxi Cab was a closely held family corporation and there was absolutely no reason to produce these rather expensive audited statements. He said that A Taxi did have financial records that were submitted that had been prepared by a certified public accountant. He believed that the proof of financial health and stability was the fact that the company had been in the community for fourteen years, performing, surviving and getting the job done day in and day out for fourteen years with no financial problems. . "'''W ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 29 Mayor Daly asked for persons who wished to speak in support of the A Taxi Cab and hearing none, asked for persons opposed to this application. Richard Johnson, 2821 White Star, stated that he had been a cab driver for ten years and had worked for all of the gentlemen, except for Mr. Slagle. He said that there were two honest cab companies in Orange County and that was Mr. Slagle and Mr. Casey. He said that he worked for Mr. Nabati for five years and never had an Anaheim permit and did not know that they existed. He knew what an Anaheim lease was, which meant that he had to pay more to drive in the City, which he did. He said that he did not find out about Anaheim permits until a year into driving and that they were not honest and that was important. He said that if the City wanted 20 more cabs sitting around the hotels, that was fine, but the other companies picked up the houses and he believed it was important. Mike Casey picked up the residents, he said. Mr. Johnson said he did a little test last week to see how long it took and he called a couple cabs to the gallery on White Star, the far side of the City, and Mr. Nabati's cabs never showed up, Mr. Slagle's cabs showed up in about ten minutes, Mike Casey's cabs showed up pretty quick. Mr. Johnson expressed his support for Mr. Slagle and Mr. Casey, and against Mr. Nabati. Jeffrey Farano, 2300 East Katella Avenue, Suite 235, representative of California Yellow Cab, said that once again his client was in the position to be the bearer of bad news and somewhat of an attack or there was not an opportunity to speak about the company. He said that what they were doing was making sure the process was fair. This issue was brought up at the very beginning and that was about the audited financial statements, he said. He said that when this process was in place for a whole year, the committee met on a regular basis and one of the major issues they discussed was whether audited financial statements should be provided. The end result, he said, was that it should. Audited financial statements were not simple, not cheap and he believed that everyone knew that, and yet the committee decided that they wanted it. During the process, California Yellow Cab read the evaluation procedures and it said audited financial statements. He noted that they did not have audited financial statements at that time and so they inquired to Mr. Poole's office if they needed to have audited financial statements and the response was that they must provide what the RFP requested and if they did not, they would be considered disqualified, he said. So a considerable amount of money was spent to have the statement audited, he explained. Page 10 of the evaluation measures specifically stated that paragraph two provided audited balance sheet, cash flow, income statements in the terms as described as general accepted accounting principles for the most recent three years. Mr. Farano believed that it could not be anymore clear than that and so again, to go through the process of fairness. Mr. Farano said that I guess one could say what was the harm if they did not provide audited financial statements; they had been in process for ten years. He said first of all, it was a matter of fairness. If you looked at the ratings from the third three applicants, the score was within seven points, he noted. He said the point was that they simply did not obey the process and received an advantage because of it. He said the other thing that was brought up after the proposal was submitted was the question of insurance, which went into the category of ability to perform. He said A Taxi Cab had over the years been requested to cease operation due to lack of insurance, due to being caught up in an insurance scam. He also said that they were now in litigation over that. He exclaimed that the point was that this was not the first time it had happened and the second point was that they were ordered to cease and desist operations while they did not have insurance, yet for at least a day and a half after the order was issued, they continued to have cars on the street. He added that a day later they got insurance. The old insurance company said they would reinstate them back to the time they were first cancelled, he explained, asking but what if that were not to happen. He asked, what about the ..-.-. ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 30 whole attitude and process, that they decide for a day and a half that they would operate their cars without insurance. He said that was something that should be seriously considered, it was not mentioned in the evaluation process. He asked, should they be disqualified completely, he answered, probably not, but should they be downgraded because of that under ability to perform, he said he thought they should be whacked fairly hard because it gave everyone a good indication about what they were about. Finally, on the issue of audited versus certified, he said what Mr. Poole and the City staff submitted was a distinction between audited and certified financial statements. Audited was a definite process of verifiable third person investigation, on all statements and back-up information. Certified, as was explained in a memo to Council, was not really a process, he felt. He said there were no certified financial statements, that was all whatever the provider, requestor defined. What was defined by the application process was "audited", he noted and he said they did not do that. He told Council if they also read the memo, the whole question of validity of the financial statements, those certified statements were not signed by anyone, no one knew who prepared them. They were simply submitted in the application by the applicant saying these are certified financial statements, he noted. He asked if they should be disqualified because of that, answering that was up to Council. He asked if their financial stability score should be ranked for a zero, because the City did not know what they were getting, he answered he thought Council should consider that. Council Member McCracken asked if there were any others who would like to speak in opposition. Larry Slagle said, having heard the two presentations, one could make the determination that there was a big gap between a ninety-three and the other scores on the evaluation rating and perhaps as the regulation said, that if the City issued up to three it did not mean they had to issue three. He said the City might be better off with another determination. Secondarily he said, Mr. Anthony made the point that it would be better if there were three at a hundred apiece. That would still substantially exceed the number of vehicles determined was an adequate number and could cause some problems. He offered a better way to do that, which would be to distribute cars by the number of years in business. Mayor Daly said that the fourth and final step in the hearing was to hear from the applicant or his spokesperson to respond to any points and then we will go to the hearing. Phillip Anthony said he did not want to belabor the part about the audit or the insurance, that he thought that Council had enough information about that verbally and in writing. He said that the longevity of the company doing healthy business in the community for fourteen years was much better than any audit statements would be to prove who was able to run a business. He asked if he could ask Mr.Nabati to respond to Richard Johnson's accusations. Mayor Daly asked if there were any questions for Mr. Anthony. Mr. Nabati said that most of the people in the room had worked for him at one time or another. He explained that he opened the cab company in 1986, the cab in 1987, he hired quality people which he could see three of them. the biggest cab companies in Orange County. He said he hired quality drivers and Mr. Johnson's accusation was wrong because he said he found marijuana in his car and he terminated him. He noted that he did not let anyone who did not obey the rules and regulations work for his company. Responding to the California Yellow Cab accusation about insurance, he said he always had insurance, it had never slipped and they were the best company in Orange County, a pioneer in ideas about the taxi cab business. .'-n- ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 31 Mayor Daly closed the public hearing on A Taxi Cab. He said the fourth and last hearing on the applications was on Cabco Inc. doing business as California Yellow Cab. (D) Public hearing on application of Cabco, Inc. dba California Yellow Cab for a non- exclusive franchise for the operation of 50 taxicabs and temporary permits for up to 30 additional taxicabs pursuant to the terms and conditions set forth in the applicant's proposal (Continued from Council Meetings of April 17, 2001, Item A48 and June 12, 2001, Item C1). Jeff Ferano spoke as the representative for California Yellow Cab stating that in his letter dated July 10, 2001, he provided comments regarding California Yellow Cab in regards to positive things. He informed that California Yellow Cab had been in business since 1986 serving all of Orange County. Since then they had grown to the fourth largest in Orange County currently with approximately 75 cabs. Prior to starting California Yellow Cab, its President, Mr. Casey, worked at A Taxi Cab for four years as the Operating Manager, basically running the operation in Anaheim. California's proposal, similar to the other companies, proposed to provide 100% of its fleet as clean air burning vehicles. Brand new vehicles would be cycling every several years and they also propose to provide a complete computerized dispatch system similar to the other providers, he informed. This company, he noted, also had stated in the financial statement, considerable financial backing, sufficient cash financial backing. They were considered a good quality company, he felt. There were several primary areas which he felt needed to be addressed, he said, which he had addressed with staff before, but had not heard a response. The first was under the ability to perform, saying in the evaluation it was stated they were marked down for the ability to perform because they only had drivers with minimal experience, some less than three and some with five. He responded that those drivers had the experience which was listed at the time, were employed by California Yellow Cab which was six years when in fact, as they pointed out to the evaluation committee, their drivers had substantial experience very similar to the other applicants. He said they all came from the same pool. It was because of that they were rated down as stated in the evaluation for not having the experience when many of them had at least ten years experience in operations, he said. He noted California Yellow Cab was marked lower than justified in only a few categories. One was the experience, when in fact, Mike Casey as the operator had more experience than even Rick Shorling because of his six years experience with California Yellow and four years with Anaheim Yellow. He said he believed he should be at least equal in experience in that category. Financial stability, other then Larry Siegal's operation, California Yellow Cab was one of the few that stated a substantial amount of financial backing and financial ability to buy the equipment. He said it was not sealed, everyone knew who it was, where it was going to come from and it was all readily available. And finally, ability to perform, he said California Yellow Cab has indicated throughout the evaluation that it has the financial ability and experience to perform according to the Resort style process and Resort style taxicab service that the City would like to see. None of it was hidden, he explained, it was all out for Council to look at, and all the statements, right up to the last several months, were audited for Council to review. He felt they followed every procedure possible and it was unfortunate they had to point out some of the problems of the other proposals, but it was simply a matter of fairness. He felt they should be treated the same as every one else. He stated if that were the case, it was all laid on the table everybody treated fair, they would not have a problem, they would compete fairly with anybody. He finished by saying they felt the process should be evaluated accordingly. -'Tr ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 32 MaryAnn Cazzell, representing South Coast Cab, said Mr. Ferano's cemments were pot calling the kettle black, he had put down almost every application, where actually California Yellow Cab was the one which lacked the financial stability. She said the application that was submitted by California Yellow Cab showed barely making a profit in the last year and not making a profit in the two years before that. She said one might pose the question, how was this company going to now acquire a fleet of all natural gas taxi's, how was it going to get a computerized dispatch system that all the other three proposers already had, and now somehow make a profit when it could not do that without all of those problems. She explained that the gentleman who spoke against A-TaxiCab's application but actually on behalf of California Yellow Cab application, that said he worked for all of the companies in the County and there were only two honest ones, never worked for South Coast Cab. She added that she would propose South Coast Cab was an honest company. Also, she noted in or around 1997, shortly before OCTAC began operating, California Yellow Cab did not have insurance and there was a fatality in the City of Huntington Beach. One of the drivers actually hit and killed someone and there was no insurance, which was a real problem. She finished by saying she would submit that was a problem with liability the City would not want to face. Mayor Daly asked if there were any other persons who want to speak in opposition to this application. Jeff Ferano responded that in regards to the allegation of an accident where they did not have insurance and there was a death, that was not this company. OCTAC records would indicate that it was not this company, he added, a completely different company owned it. California Yellow Taxi Cab Company for the record, which was not this company. In regards to the financial situation, he responded that a lot of the companies did operate at a loss. Business over the last couple of years had not been well around the County until things started picking up. He said when you look at page 26 of the evaluation process, under the cash balance, CabCo Inc. had $497,000 in the bank at the time. That was the financial backing, he felt. If you look at A-White Yellow Cab they had a negative $10,000, American Livery had $319,000, which was quite curious he noted, because that was a company that was now in bankruptcy and had not been able to pay their bills. Yellow Cab in North Orange County had $383,000 in the bank. He said he thought it was all a matter of operations. He said you could operate at a loss for a year but it depended on what you were doing with your money, were you re-investing it into your equipment, saving it to buy the equipment you are going to need. He informed that was in fact what has happened, that was the purpose of the audited financial statement, so that everyone knew what was going on. With California Yellow, he exclaimed, everyone did know that they were financially stable and they did have the backing necessary to buy the equipment, there had been no other information to indicate otherwise. Mayor Daly asked if there were any questions for Mr. Ferano or for any of the speakers who spoke at the hearing and hearing none, Mayor Daly closed the public hearing. He asked if Council had any questions for staff or the City Attorney. Hearing none, he asked if Council would like to take a week or two to analyze the information that had been presented. City Attorney White said that all four hearings had been closed. He said if Council desires to have an opportunity to reflect on the evidence prior to making a decision, they could certainly continue all four hearings until their next meeting or some other time. He said that if the hearings remained closed, there would be no additional testimony taken as part of the hearing ANAHEIM CITY COUNCIL MEETING MINUTES JULY 10, 2001 PAGE 33 process. He explained that if they desired to have additional testimony it would be necessary to re-open the hearings prior to continuing the matter. Mayor Daly asked if it was the desire to have the hearings remain closed, what action would be necessary. Mr. White answered the only action necessary would be to continue the decision on all four applications to a time certain because the hearings were closed. Mayor Daly moved to continue the decision on this matter for two weeks. Council Member McCracken seconded the motion. Mr. White said that prior to the meeting two weeks from today, it was his understanding that there was at least one further hearing scheduled in the bankruptcy Court in the American Livery matter. He said if it was Council's desire to at least have information concerning the results of that hearing, he believed there was a motion that was continued from last Tuesday to the 23m. He said it was Ford Motor Credit Companies request for relief from the automatic stay order that was in effect with regard to their possible repossession of the vehicles. He believed that if the Council wanted that information he could provide that, it would be a matter of public record, of those proceedings without the need to re-open the hearings. Mayor Daly said that would be fine. He said there was a motion and second to continue the decision for two weeks, motion carried unanimously. Mayor Daly thanked all of the applicants for their time, effort and patience while Council endeavored to make the best decision possible. Report on Closed Session Items: City Attorney White said the Council, acting as the Anaheim Redevelopment Agency, approved an agreement for re-Iocation to the tenant OKS T- Shirt Company from its current location. He said the vote was all ayes. COUNCIL COMMUNICAITONS: Council Member McCracken announced that July 14, 2001, at 7:30 P.M. Hotel California would be performing at Pearson Park as presented by the Anaheim Arts Council. Council Member Kring thanked the City Staff, particularly the Public Works Department for the beautiful completion of Ninth Street from Katella south to Orangewood. Council Member Feldhaus requested that a discussion on term limits for Boards and Commissions be placed on the next agenda. Mayor Daly asked if a special meeting needed to be scheduled. City Attorney White suggested to adjourn the meeting and notices would be sent out if a special meeting was necessary. ADJOURNMENT: There being no further business, Mayor Daly adjourned the meeting at 9:11 P.M. 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