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1997/07/08ANAHEIM, CALIFORNIA- CITY COUNCIL MINUTES JULY 8, 1997 The City Council of the City of Anaheim met in regular session. PRESENT: PRESENT: ABSENT: PRESENT: MAYOR: Tom Daly COUNCIL MEMBERS: Shirley McCracken, Tom Tait, Lou Lopez COUNCIL MEMBERS: Bob Zemel CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl JOB TRAINING PARTNERSHIP MANAGER: Marge Pritchard FINANCE DIRECTOR: Bill Sweeney ZONING DIVISION MANAGER: Greg Hastings POLICE INVESTIGATOR: Tom Engle A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:21 p.m. on July 3, 1997 at the City Hall Kiosk, containing all items as shown herein. Mayor Daly called the Workshop portion of the meeting of July 8, 1997 to order at 3:21 p.m., all Council Members being present with the exception of Council Member Zemel. City Manager, James Ruth. Today is the scheduled time for an update on the Private Industry Council (PIC) program. Marge Pritchard, JTP (Job Training Program) Manager will introduce the presentation. 105: PRIVATE INDUSTRY COUNCIL PRESENTATION AND UPDATE: PRIVATE INDUSTRY COUNCIL PRESENTATION AND UPDATE: Marge Pritchard, JTP Manager. The presentation today will capture major highlights of the work of the Private Industry Council and give insight to challenges the Council will be facing in 1997/98. Before the City Council today is a packet of information containing information on PIC, "marketing" pieces, and hard copies of the slides that will be presented. The Chairman of PIC, Mr. Bob Cashman, will walk the Council through the slide presentation. She then introduced the newly-elected Chairman. Mr. Bob Cashman, Chairman, Private Industry Council. He first introduced members of the PIC who were able to be present today: Tom Brown, Disc Manufacturing; Frank Jacobson, FMS, Inc.; Dick Clark, Boeing North American and Chris Argubright, Anaheim Boys & Girls Club. Mr. Cashman's presentation then covered the following: PIC structure (26 members appointed by the City Council), roles and responsibilities, program highlights and accomplishments - July, 1996 - June, 1997, Welfare-to-Work Program (81 companies participating), companies assisted by PIC (250), performance standards, reward for performance by Anaheim PIC ($975,917.00 since FY89-90 through FY96-97), accomplishments of the last year, benefits to the City, and future challenges (legislation that replaces PICs with Workforce Development Boards and impact of Welfare-to-Work on local employers and economy). At the conclusion of his presentation, questions were posed by Council Members which were answered by Mr. Cashman or Mrs. Pritchard regarding the Welfare-to-Work program, strategies to accommodate the anticipated increase in program participants, etc. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 8, 1997 Mayor Daly. At the close of the Workshop, he noted that the City Council appoints the entire board of the PIC which is an excellent cross section of people from labor, business, government and education. The Council appreciates the fact that so many good people have stepped forward as volunteers to the PIC to assist in such an important undertaking owing to the program's great success. He then noted some of the people who have been involved in PIC from the start and thanked them for their time and effort. It is an organization to be proud of and a model for others to follow. He extends the hope for continued success, growth and prosperity. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there were no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Close Session items. The following items are to be considered at the Closed Session. 1. CONFERENCE WITH LABOR NEGOTIATOR: Agency negotiator: Dave Hill Employee organizations: AFA, AMEA, Local #1877, IBEW, APA, Local #952, and non- represented employees. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Name of case: Delmonico, et al. v. City of Anaheim, et al. (and 18 related cases) Orange County Superior Court Case No. 70-80-71. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existing Litigation: Name of case: Miller v. City of Anaheim, et al., Orange County Superior Court Case No. 76-12- 04. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existing Litigation: Name of case: City of Anaheim v. Pacific Bell, Orange County Superior Court Case No. 76-88- 79. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existing Litigation: Name of case: Anaheim Redevelopment Agency v. Union Oil Company, et al., Orange County Superior Court Case No. 73-96-56. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8: Property: 806 North Brookhurst Street Negotiating parties: Anaheim Redevelopment Agency and Home Depot, Mr. Yong Ung Kim, Brookhurst Motor, Inc. Under negotiation: Price and terms. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 8, 1997 RECESS: Mayor Daly moved to recess into Closed Session. Council Member Lopez seconded the motion. Council Member Zemel was absent. MOTION CARRIED. ( 3:37 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. Council Member Zemel was absent. (5:30 p.m.) INVOCATION: Reverend Bill Gardner, Knott Avenue Christian Church, gave the invocation. FLAG SALUTE: Council Member Tom Tait led the assembly in the Pledge of Allegiance to the Flag. 119: DECLARATION OF RECOGNITION - ESPERANZA AZTECS: A Declaration of Recognition was unanimously adopted by the City Council commending the Esperanza Aztecs on winning the 1997 CIF Southern Section Division I Baseball Title. Mr. Mike Curren, Head Coach was present to accept the Declaration. He introduced his Assistant Coach, Doug Dimini and three of the team's players who were also present. Mr. Curren also noted that the team was acknowledged in USA Today as the No. 4 (High School) team in the nation. Mayor Daly and Council Members personally greeted and congratulated the coaches and players who were presented with Flying "A" Certificates acknowledging their success in winning the CIF Championship. The City is proud of Esperanza and the baseball program. The staff and team members are to be commended for winning such a prestigious championship. 119: PRESENTATION - URBAN DESIGN HONOR AWARD: Mr. Frank Fuller, ELS Architects stated he was pleased to present the Urban Design Honor Award from the American Institute of Architects, California Council for the Anaheim Downtown Plan. The Redevelopment Agency and the citizens have all earned this award by working on the plan for over a decade and reconstructing the downtown area. (He then explained the competition process and how the award is ultimately earned). Mayor Daly accepted the award on behalf of the Redevelopment Agency. He read the award which in part stated, "in recognition of the sensitivity and expertise in developing a vital downtown space for the City of Anaheim". He emphasized, it is a tribute to be receiving the award from the most prestigious group of architects in America. Lisa Stipkovich, Executive Director of Community Development, subsequently accepted the plaque from the Mayor. She thanked her staff for making the award possible and also thanked Mr. Fuller and the Council/Agency Members for their support in helping the Agency to implement the plan. The plan was one that both the citizens and the business community helped create. Although the downtown plan is not yet complete, it is steadily moving in that direction. They are looking forward to its completion and making downtown an even better place for everyone to enjoy. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 8, 1997 RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: 1. PROCLAMATION recognizing July 19 - 20, 1997, as International Cat Show Days in Anaheim. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,942,641.73 for the period ending June 23, 1997, $2,951,556.33 for the period ending June 30, 1997 and $3,465,342.11 for the period ending July 7, 1997, in accordance with the 1997-98 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:47 p.m.) Mayor Daly reconvened the City Council Meeting ( 5:51 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Angela Keefe, Hotel and Restaurant Workers Union (Local 681). She is again present to address the Council relative to the Sportstown Development Plan. She represents about 5,000 tourism workers, most of whom work at Anaheim's most successful businesses. She is tonight accompanied by leaders from those businesses which she named. Although she is speaking for everyone tonight, all of the representatives have a lot of important things to say. The focus of her presentation was that Local 681 would like the City to include language in any Development Agreement for the Sportstown site that would protect the City's interests against labor disputes and insure quality jobs for Anaheim area residents. When they met with City Council Members in January, several of the members expressed support for those goals. She then briefed the Council on what had transpired since then in working with City officials and staff as well as Forest City Development and their (Local 681) answers to the issues raised by staff. Since their meeting with City staff and Forest City in June, as requested, Local 681 submitted reworked language for the Development Agreement to the City as well as a detailed legal brief supporting the City's rights to include the language in the Development Agreement. They hope it does not take another three to four months to continue the dialogue and also hope to hear from the City soon. PUBLIC COMMENTS - AGENDA ITEMS: June Lowry, 5239 E. Glen Arbor, Anaheim. She is speaking on Item A19 and A20 on the Consent Calendar. Before the Council are the allocations the Council requests each year from the Community Services Board (CSB). The process was started last August. Not only do they have the allocations, but also she would like to thank the Council personally and from the CSB as well plus many people within the City too numerous to come to the microphone and express their thanks. She also thanked the Council for the increased amount of appropriation this year to the Community Services Agencies which they need now. She thanked each Council Member and Council Member Lopez in particular for bringing the need for increased allocations forward as well as for the City staff recommendation. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 8, 1997 Jeff Kirsch, 2661 W. Palais, Anaheim. Speaking on Item A17, he reiterated his concerns as he did at the previous meetings relative to giving signature authority to the City Manager on this item. If they do so, he urged that there be an appropriate method for the public to be informed of those items that are approved under the process. Relative to Item A20, he referred to an article in the Los Angeles Times expressing concern whether the optimism relative to the future economic picture can be justified. This optimism is expected to bring in higher revenues in the City of Anaheim and thus fund the increased allocations. His concern is that they should have the money in hand before they spend it especially since the taxpayer is the first line of defense if such optimism is miscalculated. Ray Pontius, 6276 Calle Jaime, Anaheim. His home is the width of a driveway from the project under B6, CUP 3662 (see further discussion under B6). He and his neighbors are concerned that Mr. Brown is building his project on .93 acres. The Council needs to take a good look at what is going on with that property. He explained how the applicant has gone before the Planning Commission a number of times over the last five years to where the CUP has now changed from the original concept to where the applicant is building a school, a church, and an office building, all two stories, on less than an acre of land abutting residents with parking allowed up against the wall. He then expressed his concern relative to the lack of a safe access in and out of the property and the maneuvers that would be necessary making it a dangerous situation especially because of the down grade. He suggested that there be no left turn out of or into the property. He also expressed concern relative to the playground equipment which is set in place. This equipment is 3' higher than the 9' wall which abuts their property lines which will allow children to look down into their back yards and also violate the decibel noise level established. He asked that the Council delay any approval because there is no "blueprint" as to the private school, church, or office building and that the builder be asked to remove the playground equipment. Bart Allen, 6728 Calle Jaime, Anaheim. He is probably most impacted with the development. He had forewarning when he moved to the "quiet residential neighborhood" that a church would be built and sooner or later businesses offices, but not a pre-school. At the end of the subject pie-shaped lot will be a playground that will hold almost 100 children at one time. It is a tiny area 60' from his bedroom window and 40' from his front porch door. He is very concerned about the noise level. He has looked into the history of the property and while the neighborhood has put up resistance, Mr. Brown continues to get what he wants, and their peace and property values have suffered as a result. The playground equipment he has installed will hold about 40 kids at one time. No one approached him to ask what he thought about having playground equipment so close to his property. He would like the whole project stopped but if not stopped, amended or adjusted to where the neighbor's concerns and needs are also met. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of July 8, 1997. Council Member Lopez seconded the motion. Council Member Zemel was absent. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded by Council Member Lopez, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Mayor Daly offered Resolutions Nos. 97R-104 through 97R-110, both inclusive, for adoption. Mayor Daly offered Ordinance No. 5604 for first reading. Refer to Resolution/Ordinance Book. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 8, 1997 Al. 118: Rejecting and denying certain claims filed against the City. Referred to Risk Management. The following claims were filed against the City and actions taken as recommended: a. Claim submitted by Deborah Denton dba SRD Construction c/o Michael B. Moad, Esq. for property damage sustained purportedly due to actions of the City on or about December 31, 1996. b. Claim submitted by Keno's Family Restaurant for property damages sustained purportedly due to actions of the City on or about May 19, 1997. c. Claim submitted by Patti Lopez for property damage sustained purportedly due to actions of the City on or about April 8, 1997. d. Claim submitted by Keith Schkoda for property damage sustained purportedly due to actions of the City on or about April 13, 1997. e. Claim submitted by Juan E. Ramos for property damage sustained purportedly due to actions of the City on or about December 27, 1996. f. Claim submitted by Cableworks, Inc. for property damage sustained purportedly due to actions of the City on or about May 27, 1997. g. Claim submitted by Karen S. Gardiner for property damage sustained purportedly due to actions of the City on or about March 13, 1997. h. Claim submitted by Lucille M. Edmiston c/o Mark E. Blons, Esq. for bodily injury sustained purportedly due to actions of the City on or about November 9, 1996. A2. 105: Receiving and filing minutes of the Golf Advisory Commission meeting held April 24, 1997. 105: Receiving and filing minutes of the Community Services Board meeting held May 8, 1997. 105: Receiving and filing minutes of the Senior Citizens Commission meeting held May 8, 1997. 105: Receiving and filing minutes of the Public Utilities Board meeting held May 1, 1997. 156: Receiving and filing the Anaheim Police Department Crime Statistical Report for the month of May, 1997. 105: Receiving and filing minutes of the Budget Advisory Commission meeting held May 21, 1997. 105: Receiving and filing minutes of the Anaheim Private Industry Council meeting held May 22, 1997. 173: Receiving and filing correspondence from Michael S. Mitchell, Mickey's Space Ship Shuttle filed with the Public Utilities Commission of the State of California regarding a protest in the matter of Application 97-05-049 of Airport Cruiser, Inc., for authority to sell and transfer a Certificate of Public Convenience and Necessity to Buslink Corp. pursuant to Section 854 and 1036 of the Public Utilities Code. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 8, 1997 A3. A4. A5. A6. A7. A8. A9. AIO. 173: Receiving and filing a Notice of Filing that Farman Textile, Inc., has filed an application with the Public Utilities Commission to acquire the certificate of public convenience and necessity presently held by Apollo-Soyuz Airport Passenger Service, Inc., for passenger stage service between certain points in Los Angeles and Orange Counties. 173: Receiving and filing correspondence from Onochie Shuttle for shuttle operations at the John Wayne Airport/Orange County. 173: Receiving and filing a Notice of Proposed Rate Increase (Application No. 97-06-025) filed by Southern California Gas Company with the California Public Utilities Commission reporting gas supply and storage for "Year Three" of its three year Gas Cost Incentive Mechanism. Southern California Gas Company requests authority to recover in rates shareholder incentives earned under the program. 123: Approving and authorizing the Mayor and City Clerk to execute an Agreement with IWA Engineers, in an amount not to exceed $140,000 for administration, coordination and technical support services for freeway projects in FY 1997/98. 158: Approving Acquisition Agreement for 631 West Katella Avenue R/W 5180-15 (Katella Avenue Smart Street Improvement Project); authorizing the Mayor and City Clerk to execute the Agreement; and authorizing the acquisition payment of $2,633 to Shirish Hansji Patel, Pushpa Shirish Hansji, Arun Hansji Patel, Priti A. Hansji. 158: Approving Acquisition Agreement for 301-311 West Katella Avenue R/W 5180-32A&B (Katella Avenue Smart Street Improvement Project); authorizing the Mayor and City Clerk to execute the Agreement; and authorizing the acquisition payment of $238,145 to Angelo Zaby and Carl Zaby. 176: RESOLUTION NO. 97R-104: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS; AND SETTING A DATE AND TIME TO CONSIDER THE ABANDONMENT OF (1) THOSE CERTAIN EASEMENTS IN THE AREA OF ABANDONED WHITE STAR AVENUE, WEST OF BLUE GUM STREET, EXCEPTING AND RESERVING A 20-FOOT EASEMENT FOR WATER LINE AND FIRE FACILITIES; (2) THOSE CERTAIN EASEMENTS IN THE AREA OF ABANDONED BLUE GUM WAY EXTENDING FROM WHITE STAR AVENUE TO BLUE GUM STREET; AND (3) THAT CERTAIN EASEMENT FOR ELECTRICAL PURPOSES EXTENDING WESTERLY FROM BLUE GUM STREET - ABANDONMENT NO. 97-4A (SUGGESTED PUBLIC HEARING DATE: AUGUST 5, 1997, AT 6:00 P.M.) 123: Waiving Council Policy No. 401, and authorizing the Mayor and City Clerk to execute an Agreement with JHK & Associates, in an amount not to exceed $120,000 to provide on-call support services (including software, hardware and integration, special studies/services, and general troubleshooting) to the Traffic Management Center. 158: RESOLUTION NO. 97R-105: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL PROPERTIES OR INTERESTS THEREIN TO THE CITY. (R/W 5182 ETC.) 158: RESOLUTION NO. 97R-106: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL PROPERTIES OR INTERESTS THEREIN TO THE CITY. (R/W 5180-32 A & B.) 158: RESOLUTION NO. 97R-107: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting CERTAIN DEEDS CONVEYING CERTAIN REAL PROPERTIES OR INTERESTS THEREIN TO THE CITY. (R/W 5180-15.) ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 8, 1997 All 160: Accepting the Iow bid of Wesco Utility, in the amount of $20,617.95 for 15,000 feet of KCMIL building wire, in accordance with Bid #5684. A12. 160: Accepting the Iow bid of G & W Electric Company, in the amount of $36,684 for twelve 15- KV SF-6 subsurface switches, in accordance with Bid #5679. A13. 160: Accepting the bid of Electronic Systems USA, Inc., in the amount of $61,336.69 for a building management system, in accordance with Bid #5663. A14. 160: Accepting the bid of West-Lite Supply Company, in an amount not to exceed $300,000 for high pressure sodium luminaires used in the Dusk to Dawn Security Program, for a period of one year beginning in July 1997, with options to renew for an additional three years, in accordance with Bid #5660. A15. 123: Waiving Council Policy 306, and authorizing the execution of Agreements with Montgomery-Kone, Inc., in an amount not to exceed $62,000 for escalator service; and Dover Elevator Company, in an amount not to exceed $35,000 for elevator service, each for a period of three years, commencing July, 1997, at the Convention Center. A16. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a purchase order to Pursuit, in an amount not to exceed $95,000 for police car outfitting, as required, for a period of one year commencing July 1, 1997, through June 30, 1998. A17. 152: ORDINANCE NO. 5604: (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 1.04.260 and 1.04.270 OF CHAPTER 1.04 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE CONTRACT AUTHORITY OF THE PURCHASING AGENT. (Continued from the meetings of 6/10/97, Item A13, and 6/17/97, Item A23.) Revising Council Policies 306 and 401. 152: RESOLUTION NO. - ..... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE CITY MANAGER TO ENTER INTO CERTAIN AGREEMENTS FOR AND ON BEHALF OF THE CITY IN AMOUNTS NOT TO EXCEED $50,000 EACH. (continued from the meetings of 6/10/97, item a13, and 6/17/97, item a23.) Council Member Tait. He feels what they will lose if they approve this item is the public information aspect. When a contract is above $25,000 now, it appears on the agenda which he considers a "window to City Hall". For that reason, he is going to vote against approval. Finance Director, Bill Sweeney then explained for Council Member Lopez that the $25,000 limit for contract approval by the City Manager was approved in 1988. The purpose at that time was just to be able to process a transaction quicker and increase efficiency and that is still the primary thrust and purpose. The reason the $50,000 figure was chosen at this time, that is the point at which they go to a formal advertised bidding process. There are a large number of items between $20,000 and $50,000 and thus the reason for choosing the $50,000 limit. He reiterated, at $50,000, there needs to be a formal bidding process. City Manager Ruth. It represents a little over 10% of the purchasing program. Council Member McCracken noted that, in any case, these are all budgeted items; Bill Sweeney. Everything has to be in the budget. Staff is not proposing or recommending that any of the purchasing process be altered. They will continue to get bids on all items above $5,000. The only change is not going to the City Council until the threshold of $50,000 is reached as opposed to $20,000 for the Purchasing Agent with the City Manager's authority going from $25,000 to $50,000 to be consistent with the authority of the Purchasing Agent. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 8, 1997 City Manager Ruth. Any time the contracts are signed by him, the original of the contract is filed with the City Clerk. At the end of the year, a compilation of those contracts goes to the City Council which includes every document he signs -- the contract, nature and purpose. Bill Sweeney. Full and complete records are kept of such transactions and there is an open-door policy where any member of the public can review the record of purchases at any level. Council Member Lopez. The City Manager had stated he could provide updates to the Council every so many months; City Manager Ruth. Staff can do what the Council desires. Updates can be provided twice a year, three times a year, or whenever they wish and on short notice. Council Member Lopez. He stated, twice a year would be fine with him. Bill Sweeney then further explained for Council Member Tait the reasons for the request noting that it is not material in terms of overall dollar savings, but basically the ability to turn things around quicker since it typically takes two weeks and possibly more under the current process. Council Member Tait. He reiterated, he feels the current process serves as a window to the public. Since the agenda is on the internet, the public has an opportunity to review all the items. It does not seem to him there is a good enough reason to increase the approval from $25,000 to $50,000 especially since it is not saving money. MOTION. Council Member Tait moved to deny the proposal. The motion died for lack of a second. At the conclusion of the Consent Calendar, both Council Member Tait and Council Member Lopez voted No on this item; therefore, under Council rules, when there is a tie vote, the item is continued one week for full Council action. City Attorney White confirmed for the Council that under Council Rule 3d, Para. 1, the tie vote on Item A17 (or if there are any others), will result in that matter automatically being placed on next week's agenda due to the fact that a Council Member is absent today. Unless the Council directs otherwise, this item will be on the agenda of July 15, 1997. A18. 123: Authorizing the City Attorney to execute the Second Amendment to Agreement between the City of Anaheim and Gibbs, Giden, Locher & Acret. A19. 106: Amending the FY 1997/98 budget by increasing expenditure appropriations in the Community Services Department by $92,191 to provide additional funding for non-profit groups and for the Anaheim Museum. A20. 150: Approving the Fiscal Year 1997/98 Community Services Agency Funding allotment plan in the amount of $200,000 for designated community organizations. Mayor Daly. He thanked the City Manager's Office for locating additional funding for the Community Services Agencies and bringing this back to the Council promptly. They also appreciate the recommendation and advice of the Community Services Board in that process. A21. 114: RESOLUTION NO. 97R-108: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE LEAGUE OF CALIFORNIA CITIES TO SPONSOR LEGISLATION TO ADDRESS LOCAL GOVERNMENT PROVISIONS RELATING TO SHOPPING CART RETRIEVAL, IN 1998. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 8, 1997 A22. 123: Approving a Service Agreement with Harte Enterprises for technical professional services in the Community Development Department; and authorizing the Executive Director to execute said Agreement. A23. 156: RESOLUTION NO. 97R-109: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE CHIEF OF POLICE TO SUBMIT A GRANT PROPOSAL ON BEHALF OF THE CITY OF ANAHEIM IN CONNECTION WITH THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, LOCAL LAW ENFORCEMENT BLOCK GRANTS PROGRAM ($560,690 FOR FY 1997 TO BE APPLIED TO THE POLICE DEPARTMENT'S AUTOMATED FIELD REPORT WRITING PROJECT). A24. 123: To consider an Agreement with Ungerboeck Systems, Inc. (USI), for the purchase of 32 concurrent user licenses for the Ungerboeck Systems Event Business Management Software as well as user training on the USI software. Said Agreement also provides ongoing maintenance of the software for the first year following implementation, and will replace the Convention Center's ACES event management system. Staff requested continuance to July 15, 1997. A25. 123: Approving the First Amendment to Engineering Services Agreement with ASL Consulting Engineers for the I-5 Water Main and Facilities Relocation Project for $82,640; and authorizing the Public Utilities General Manager to execute said First Amendment and any related documents on behalf of the City. A26. 123: Approving a Second Amendment to Engineering Services Agreement with Black & Veatch for the Lenain Filtration Plant Modification Project; and authorizing the Public Utilities General Manager to execute any related documents necessary to implement said Agreement, as amended. A27. 185: Determining that the owner, Baldwin Company, has not complied in good faith with the terms and conditions of the Amended and Restated Development Agreement No. 88-03 (Amendment No. 1) for The Summit of Anaheim Hills Specific Plan Development; and accepting the owner's proposal to cure the outstanding terms and conditions. A28. 114: Approving minutes of the Anaheim City Council special meeting held June 3, 1997; minutes of the regular City Council meeting held June 3 1997; minutes of the adjourned regular meeting of June 3, 1997, held June 10, 1997; and minutes of the regular City Council meeting of June 10, 1997. A29. 153: RESOLUTION NO. 97R-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FOR PRE-TAX PAYROLL DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES. City Manager Ruth answered questions posed by Council Member Lopez for purposes of clarification. Roll Call Vote on Resolution Nos. 97R-104 throuqh 97R-110, both inclusive, for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: Zemel 10 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 8, 1997 The Mayor declared Resolution Nos. 97R-104 through 96R-110, both inclusive, duly passed and adopted. END OF CONSENT CALENDAR. Council Member Zemel was absent. MOTIONS CARRIED. A30. 114: RESIGNATION - ORANGE COUNTY REGIONAL AIRPORT AUTHORITY: Accepting the resignation of Tom Tait as the City of Anaheim representative to the Board of Directors of the Orange County Regional Airport Authority. MOTION. Mayor Daly moved to accept the subject resignation. Council Member Lopez seconded the motion. Council Member Zemel was absent. MOTION CARRIED. Mayor Daly. He is presuming that on a future agenda the Council will be appointing a replacement. At this point, he is prepared to seek the Council's approval to serve on that Authority. It is consistent with the assignment he already has for the Orange County League of Cities on the El Toro Airport Advisory Committee. He asked that staff, before the Council fills that appointment, provide the Council with some of the recent meeting minutes and approximate meeting schedule of upcoming meetings. Council Member Tait had indicated the possibility of increased activity which will mean more meetings of the Regional Airport Authority. Before anyone says yes, they will need to know what they are getting into. A31. 114: RESIGNATION AND APPOINTMENT TO THE CHAMBER OF COMMERCE LIAISON COMMITTEE: Council Member Tait. This is a housekeeping item due to some confusion. Along with his resignation, he would like to make a recommendation to appoint Council Member McCracken as the subject liaison. MOTION. Council Member Daly moved to accept the resignation of Council Member Tait to the Chamber of Commerce Liaison Committee and appoint Council Member McCracken to that position. Council Member Tait seconded the motion. Council Member Zemel was absent. MOTION CARRIED. A32. 105: CITY BOARDS AND COMMISSIONS APPOINTMENTS/REAPPOINTMENTS TO TERMS EXPIRING JUNE 30, 1997: City Clerk Sohl. She has submitted to the Council a lengthy packet on Boards and Commissions and the terms that will be expiring at the end of June. There is also an option under the Redevelopment Commission and Housing Commission to direct the City Attorney to create one seven-member commission with two tenant Housing Members if it is Council's desire. This matter had been discussed earlier in the year in the Ad Hoc Liaison Committee Meeting (s), Mayor Daly and Council Member Zemel being the two Council Liaison members. Last week, there was press information about the opportunities for citizens to become members of City Boards and Commissions and there was a good response including approximately 30 telephone calls asking for applications. Some applications were received. She does not know if the Council wishes to make the appointments today or wait to receive the additional applications that may be forthcoming. Mayor Daly. He recommends that they not act this evening on the entire group of appointments but it would be helpful to make appointments for those boards/commissions who continue to meet on a monthly basis and need a quorum. Examples would be the Investment Advisory Commission, the 11 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 8, 1997 Library Board, and possibly Senior Citizens Commission, at least the reappointment of Don Baldwin, so that the Commission can continue to have a quorum and also the more routine appointments where the Council is familiar with the incumbents. Council Member Tait. He agreed on making the appointments to the positions the Mayor indicated but that the remainder of the appointments be continued one week. BUDGET ADVISORY COMMISSION FOR NEW TERMS EXPIRING JUNE 30, 2001: (Brewer, Kennedy) COMMUNITY DEVELOPMENT AND HOUSING COMMISSION FOR NEW TERMS EXPIRING JUNE 30, 2001: (Perreira, Rennet, Gold and Patino) COMMUNITY SERVICES BOARD FOR NEW TERMS EXPIRING JUNE 30, 2001: (Tafolla, Machiaverna, and two vacancies - Crow 6/30/98, and Engelbrecht 6/30/2000) PLANNING COMMISSION FOR NEW TERM EXPIRING JUNE 30, 2001: (Messe, Boydstun) PUBLIC UTILITIES BOARD FOR NEW TERM EXPIRING JUNE 30, 2001: (Kirker, Stanton, and Wiseman) INVESTMENT ADVISORY COMMISSION FOR NEW TERM EXPIRING JUNE 30, 2001: (Kaufman) LIBRARY BOARD FOR NEW TERMS EXPIRING JUNE 30, 2001: (Flora, Rothrock) SENIOR CITIZENS COMMISSION FOR NEW TERMS EXPIRING JUNE 30, 2000: (Baldwin, Green, and Sharer) MOTION: Mayor Daly moved to approve the appointment of the incumbent seat holder to the Investment Advisory Commission, the two seats on the Library Board, and Don Baldwin on the Senior Citizens Commission. Council Member Tait seconded the motion. Council Member Zemel was absent. MOTION CARRIED. Clarence Kaufman was thereupon reappointed to the Investment Advisory Commission for the new term ending June 30, 2001; Glenda Flora and Marjorie Rothrock were thereupon reappointed to the Library Board for the terms ending June 30, 2001; Don Baldwin was thereupon reappointed to the Senior Citizens Commission for the term ending June 30, 2000, the two additional appointments to the Senior Citizens Commission being continued one week. 12 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 8, 1997 Mayor Daly. He then asked if the Council were to act on merging the Redevelopment and Housing Commission, would they first have to approve the ordinance before the positions can be filled; City Attorney White answered yes. Mayor Daly. He would like the Council to consider directing the City Attorney to prepare the ordinance consolidating the two commissions into one. It was discussed in the past and staff has also recommended doing so. Council Member McCracken. She noted that the Ad Hoc Committee had also discussed the matter and recommended the consolidation; Mayor Daly confirmed that was correct. After the ordinance is drawn up and voted on, the Council will be able to make appointments accordingly. MOTION. Mayor Daly moved to direct the City Attorney to prepare an ordinance creating one seven- member consolidated Redevelopment/Housing Commission with two Tenant Members. Council Member Tait seconded the motion. Council Member Zemel was absent. MOTION CARRIED. ITEMS B1 - B2 FROM THE ZONING ADMINISTRATOR MEETING OF JUNE 19, 1997 DECISION DATE: JUNE 26, 1997 INFORMATION ONLY -APPEAL PERIOD ENDS JULY 11, 1997: B1. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3946 AND NEGATIVE DECLARATION: OWNER: WEIR CANYON CORPORATE CENTER, LLC, 160 South Old Springs Road, Anaheim, 92808 AGENT: DONALD LAM, 160 South Old Springs Road, Anaheim, CA 92808 LOCATION: 160 South Old Springs Road. Property is approximately 4.15 acres located at the southeast corner of Kaiser Boulevard and Old Springs Road and further described as 160 South Old Springs Road. To permit a 9,398 square-foot preschool with waiver of minimum number of parking spaces. ACTION TAKEN BY THE ZONING ADMINISTRATOR: CUP NO. 3946 APPROVED with new condition added (ZA Decision No. 97-10). Granted waiver of code requirement. Approved Negative Declaration. B2. 179: ADMINISTRATIVE ADJUSTMENT NO. 120 CATEGORICALLY EXEMPT, CLASS 5: OWNER: MANZANITA WALK, LLC, 3010 Old Ranch Parkway, #400, Seal Beach, CA 90740- 2750 AGENT: MICHAEL HENNESSEY, 3010 Old Ranch Parkway, #400, Seal Beach, CA 90740- 2750 LOCATION: 608 West Vermont Avenue. Property is approximately 2.78 acres located on the south side of Vermont Avenue and approximately 190 feet east of the centerline of Citron Street. Waiver of maximum fence height to construct an eight-foot fence along the east, west, and south property lines of a previously approved 48-unit "affordable" condominium complex. ACTION TAKEN BY THE ZONING ADMINISTRATOR: No action taken by the Zoning Administrator because written opposition was received. END OF THE ZONING ADMINISTRATOR ITEMS. 13 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 8, 1997 B3. 155: ORDINANCE NO. 5603: (ADOPTION) amending Ordinance No. 5110 relating to the Anaheim Hills Festival Specific Plan No. 90-01 (Amendment No. 2). (Introduced at the meeting of June 17, 1997, Item B17.) Mayor Daly offered Ordinance No. 5603 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5603 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 5110 RELATING TO THE ANAHEIM HILLS FESTIVAL SPECIFIC PLAN NO. 90-01 (AMENDMENT NO. 2). Roll Call Vote on Ordinance No. 5603 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: Tait, Daly MAYOR/COUNCIL MEMBERS: McCracken, Lopez MAYOR/COUNCIL MEMBERS: Zemel City Attorney White. He again reminded the Council that under City Council rules of order, this item will automatically be continued to the next meeting due to a tie vote and the absence of one Council Member. This item was continued one week for full Council action. B4. 179: ORDINANCE NO. 5605: (INTRODUCTION) Amending Title 18 to rezone property under Reclassification No. 96-97-07 located at 1380 East Sanderson Avenue from the ML zone to the CL zone. Mayor Daly offered Ordinance No. 5605 for first reading. ORDINANCE NO. 5605: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (RECLASSIFICATION NO. 96-97-07). B5. 179: ORDINANCE NO. 5606: (INTRODUCTION) Amending Title 18 to rezone property under Reclassification No. 96-97-11 located at 1221-1271 South Phoenix Club Drive and 1321-1381 East Auto Center from the ML zone to the CL zone. Mayor Daly offered Ordinance No. 5606 for first reading. ORDINANCE NO. 5606: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (RECLASSIFICATION NO. 96-97-11). 14 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 8, 1997 B6. Determining the substantial conformance of plans submitted in conjunction with CUP No. 3662, for property located at 6270 East Santa Ana Canyon Road for a private school and church in conjunction with an office building. See comments made at the beginning of the meeting under Public Comments/Agenda Items - testimony by Ray Pontius and Bart Allen regarding this item. Greg Hastings, Zoning Division Manager. He referred to the memo from Planning staff dated June 24, 1997 relative to this item; Since it was determined Council did not have a copy of that memo at this time, Mayor Daly asked Mr. Hastings to summarize staff's analysis of this case. Greg Hastings briefed report dated June 24, 1997 to the City Manager/City Council from Joel H. Fick, Planning Director- Subject: CUP No. 3662 - Project Proposed at 6270 E. Santa Ana Canyon Road (made a part of the record). He first explained that in 1994, the Planning Commission approved CUP No. 3662 which allowed the construction of a private educational facility and a church in conjunction with a permitted office unit. The report then outlined what has taken place relative to the property since 1994, a chronological history of the project and a summary of the changes that the Planning Commission approved on June 9, 1997 (total building floor area reduced from 18,048 sq. ft. to 17,138 sq. ft., office unit reduced from 8,240 sq. ft. to 5,490 sq. ft., church increased from 5,392 sq. ft. to 7,232 sq.ft., pre- school remains unchanged at 4,416 sq. ft.). Council Member Lopez asked if, in fact, modifications were approved over a number of years as stated earlier by one of the neighbors; Greg Hastings. There were two occasions where the plans were changed one at a Public Hearing in 1994 and a substantial conformance recently. The entire project is not reviewed each time but depends on the request or modification. City Attorney White. The CUP was approved subject to being built in substantial accordance with the plans submitted to the Planning Commission at the time it was approved. The applicant submitted revised plans and the Planning Commission approved those revised plans recently. Those ended up on a City Council agenda and the Council, pursuant to Council procedures, determined that they wished to review the decision of the Planning Commission. The decision to be made either tonight or at some date in the future is whether the revised plans submitted now substantially conform to the plans and to the CUP originally approved together with any previously approved amendments. Council Member Lopez asked if the Council voted no today, does that mean the applicant has to start the process all over. City Attorney White. It means the applicant would have the option to build in accordance with the plans that have been approved. Mr. Brown now wishes to change those plans. He can determine at any time to build to the original plans and no further action is required from the City other than getting a building permit. If he wishes to amend or revise those plans, he needs to have it determined that those revised plans conform to what was originally approved under the CUP. That is what the Council is doing tonight determining whether the revised plans conform to what was originally approved. Mayor Daly. In the opinion of Planning staff, he asked if the Council has enough information to make that decision. Greg Hastings. The play equipment was never approved by the Planning Commission and the Planning Commission determined it was not part of that approval. Therefore, they will be required to remove the equipment or bring it back for further review. Answering the Mayor, he explained that the device that exists to cause him to remove the equipment is that staff would not allow occupancy of the building(s) so he would either have to remove the equipment or get Planning Commission approval for it. 15 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 8, 1997 Council Member McCracken. Tonight the issue is modification of the original plan -- reducing the office building and making the church larger but it is basically the same "foot print." They are not looking at anything different; however, the Planning staff will have to follow up on the playground issue. Mayor Daly. It is clear that the play equipment must be removed assuming or if the Council approves the Planning Department recommendation that the plans are in substantial conformance with what was originally submitted and approved under the CUP. If so, the play equipment must be removed before the building(s) can be occupied. Council Member Lopez also posed questions relative to the testimony given about the difficult ingress and egress to the property because of the grade of the access driveway; Mr. Hastings reported there was a substantial amount of discussion on that issue originally including the closure of the median island. There can be no left turns out of the property once it is modified. Traffic Engineering has also reviewed the grade of the driveway; they selected the location for the driveway. He reiterated that there can be no left turns made out of the property after the modification (to the median) is completed. Council Member Tait recalled that Council Member Zemel had also requested that the matter be heard by the Council; Council Member McCracken. Staff discussed the issue that all they are looking at is substantial conformance and there was nothing the Council could pull back at this point. She believes that staff talked to Council Member Zemel before he left. Council Member Tait. He is going to move for a one-week continuance for full Council action since Council Member Zemel asked that the matter be reviewed along with Council Member McCracken. (There was no second to the proposed motion.) Council Member McCracken. Mr. Brown is ready to pour the concrete and three weeks have elapsed since the review was requested. At this point, she does not believe she can oppose. There is nothing the Council can do at this time except to say that Mr. Brown can continue to build whether it is the church, which is smaller, or the office building, which is larger, or vice versa. He has substantial conformity. She does not believe there is any reason for a further delay. Council Member Lopez. He agreed. His main concern was with the playground equipment which is going to be handled and exiting and entering the property which was reviewed by the Traffic Engineers. MOTION. Council Member McCracken moved to determine the substantial conformance of plans submitted in conjunction with Conditional Use Permit No. 3662 for property located at 6270 East Santa Ana Canyon Road for a private school and church in conjunction with an office building. Mayor Daly seconded the motion. Council Member Zemel was absent. MOTION CARRIED. Council Member McCracken. She wants to be sure that the playground equipment is removed; Council Member Lopez wanted to be sure that the driveway slope again be reviewed as well. Council Member Tait. He declared a conflict on Public Hearing D1. and D2. He thereupon temporarily left the Council Chamber. City Clerk Sohl announced that two requests for continuance of Public Hearings was received as follows: Item D2., Public Hearing on Conditional Use Permit No. 3922, letter dated July 7, 1997 from RHL Design Group, Inc., Thomas Riggle, Architect, requesting a continuance to July 15, 1997. Item D3., Public Hearing on Variance 4302, letter dated July 3, 1997 from the Rex Company, Stephen Sheldon, President requesting a continuance to July 15, 1997. 16 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 8, 1997 MOTION. Assuming there was no objection (there was none), Mayor Daly moved to continue the Public Hearings under Items D2. and D3. to Tuesday, July 15, 1997. Council Member McCracken seconded the motion. Council Member Zemel was absent. Council Member Tait was temporarily absent. MOTION CARRIED. D1. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2973 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 97-06 AND NEGATIVE DECLARATION: OWNER: ORKIN INCORPORATED/THRIFTY OIL COMPANY, 10000 Lakewood Boulevard, Downey, CA 90240 AGENT: DAVID A. ROSE III, 10000 Lakewood Boulevard, Downey, CA 90240 LOCATION: 304 South Maqnolia Avenue -Thrifty Oil Company. Property is 0.49 acre located at the southeast corner of Magnolia Avenue and Broadway. To amend or delete a condition of approval to permit retail sales of beer and wine for off- premises consumption in an existing service station convenience market. To determine public convenience or necessity for retail sales of beer and wine for off-premises consumption. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 2973 APPROVED with the added condition that this approval shall terminate in one year if the applicant has not been able to purchase an active and operating ABC license existing within the same census tract (PC97-48) (5 yes votes, 1 no vote, and 1 absent). Determination of Public Convenience or Necessity No. 97-06 WITHDRAWN. Approved Negative Declaration. HEARING SET ON: A letter of appeal of the Planning Commission decision was submitted by Harry Bisla, Franchisee 7 -Eleven Store, 240 South Magnolia Ave., Anaheim, Ca. 92801, in letter dated May 16, 1997 and, Public Hearing scheduled this date. Informational item at the meeting of May 20, 1997, Item B6. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - June 26, 1997. Mailing to property owners within 300 feet - June 19, 1997. Posting of property - June 20, 1997. STAFF INPUT: See staff report to the Planning Commission dated April 28, 1997 Greg Hastings, Zoning Division Manager. The only information he has to add outside of the staff report to the Planning Commission is that a letter was received from the Magnolia School District and also a petition signed by 45 neighbors opposing the request. Mayor Daly. He noted that the Public Convenience and Necessity request was withdrawn. He asked if it was withdrawn by the applicant. Greg Hastings. The Planning Commission accepted the withdrawal of the applicant based on the fact that there would not be an over concentration (of licenses). If there were to be an over concentration, that the applicant would purchase one of the other existing licenses in the area. Therefore, the determination was not necessary. 17 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 8, 1997 Mayor Daly. The Planning Commission approved beer and wine at the location with the requirement that an existing license be purchased within the same census tract within a period of one year. Officer Tom Engle. He clarified for Council Member Lopez that the Planning Commission required that the license be purchased within that same census tract. He also confirmed that the area north of Broadway is a different census tract. City Attorney White then explained for Council Member Lopez that because this Public Hearing requires a resolution, it will take three affirmative votes to be adopted. Since Council Member Tait has abstained, if the vote is 2 to 1, they would then have to follow the same Council rule that has been invoked twice tonight, the matter would have to be continued to the next meeting for full Council action. Mayor Daly opened the Public Hearing and asked first to hear from the applicant. Applicant's Statement: Mr. David Rose, Regents Group, 3870 LaSierra Avenue, Riverside. What is before the Council is an existing CUP adopted and in operation since the late 1980's with a condition placed on Circle K at the time that there be no beer and wine sold on the premises. Knowing of the Council's recent actions and knowing that the district is impacted, Thrifty chose to go about this in a unique manner. They approached City staff and the Planning Commission and stated if they could purchase one of the four existing licenses at their cost and expense, could they then incorporate that into their existing business. Therefore, the burden of the action is on Thrifty. If they do not buy the license within a year, that portion of the CUP expires regarding beer and wine. No new license will be added to the district. If they cannot do so, they will continue to operate as they are now doing without it. City Attorney White. During the one-year period, if the CUP is approved prior to the time they may have purchased an off-sale beer and wine license from one of the other four locations, is it their intention to sell beer and wine prior to having consummated the purchase of an existing license. Mr. Rose answered no. They would not have ABC approval. They would have to buy the license, do the posting and then "kick in" the CUP. City Attorney White explained for Council Member Lopez that there are four existing licenses in the census tract. If more than four, then there is an over concentration which would require the Public Convenience or Necessity determination. That is not what the Council is doing. What they (Thrifty) would have to do is purchase one of the four existing licenses in the census tract and would not add another one. It has to be one of those four existing licenses. The Mayor then asked to hear from the appelant. Mr. Harry Bisla, Operator, 7-11 Store at 240 S. Magnolia, Anaheim. There are too many beer and wine licenses in the area already. There are already two licenses on this same corner. He has a beer and wine license at his store. To issue another license means there will be no new sales in the area but a sharing of existing sales which will hurt his business. In the last four or five years, there has been a vacant lot across from him where nine shops have been built. All the shops have been taken a little bit at a time. It is hard economically to run his business. He has been at that location 11 years providing good customer service. He and his wife and employees have gone through all the training, laws and regulations needed for selling beer and wine and cigarettes. Even if the license is going to be transferred from a very close location, it will be inconvenient for the people where the license is coming from and bringing it to a location where there are two other licenses. No further persons wished to speak either in favor or in opposition. 18 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 8, 1997 Summation by Applicant: David Rose. Regarding the purchasing of a license, normally the first thing they do is try to go outside of the district. The whole issue Thrifty was trying to avoid was to have to go through the PCN (Public Convenience and Necessity) hearing. There is a 25% chance they can identify who wants to sell. If they can do so, one of the licenses will be taken out of the hands of that business and put into another. Thrifty Oil Company, for all intents and purposes, is no longer in business. ARCO has taken a master lease for all Thrifty sites. If and when the license is approved by the Council and ABC, it will then be operated by corporate ARCO with about five times as many beer and wine licenses in California than Thrifty. Further, all the employees of Thrifty and/or ARCO are also required to go through the various programs as mentioned by Mr. Bisla. Mayor Daly closed the Public Hearing. Council Member McCracken. If Thrifty cannot purchase a license in this census tract within the year, then this condition goes out of existence. City Attorney White. The right to sell beer and wine would terminate. If they cannot get the license within a year, they cannot continue to pursue it. They either have to do it or not do it within one year. Mayor Daly. The recommendation of the City Planning Commission to require the new operator of a beer and wine license to buy up one of the existing licenses in the neighborhood makes good sense. It is good to see the service station operator is willing to comply or try to comply with that requirement. The period should be adequate. It accomplishes the City's overall goals while still allowing fair competition in that area. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Mayor Daly, seconded by Council Member McCracken, the City Council approved the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Council Member Zemel was absent. Council Member Tait was temporarily absent (abstained). MOTION CARRIED. Mayor Daly offered a resolution granting Conditional Use Permit No. 2973 as approved by the City Planning Commission. RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2973. Roll Call Vote on Resolution: AYES: NOES: TEMP. ABSENT: ABSENT: MAYOR/COUNCIL MEMBERS: McCracken, Daly MAYOR/COUNCIL MEMBERS: Lopez MAYOR/COUNCIL MEMBERS: Tait (abstained) MAYOR/COUNCIL MEMBERS: Zemel The resolution failed to carry since three affirmative votes are required. City Attorney White. The matter is then automatically continued one week for full Council action under Council rule 3d, Para. 1. 19 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 8, 1997 D2. 179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENTS CONDITIONAL USE PERMIT NO. 3922 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 97-07 AND NEGATIVE DECLARATION: OWNER: CARL N. & MARGARET M. KARCHER TRUST, 1200 North Harbor Boulevard, Anaheim, CA 92801 AGENT: ARCO PRODUCTS COMPANY, 4 Center Pointe Drive, La Palma, CA 90623 LOCATION: 1244 North Harbor Boulevard. Property is 1.16 acres located on the east side of Harbor Boulevard, 240 feet north of the centerline of Romneya Drive. To permit a 2,944 square-foot service station with an accessory convenience market with retail sales of beer and wine for off-premises consumption with waivers of (a) minimum distance between signs and (b) minimum required landscaping adjacent to interior property lines and to determine public convenience or necessity for retail sales of beer and wine for off-premises consumption. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3922 GRANTED, IN PART, denying the retail sales of beer and wine for off-premises consumption (PC97-49) (6 yes votes, 1 absent). Waiver of code requirement APPROVED, IN PART, waiver (a) was denied on the basis that it was deleted following public notification, and waiver (b) was approved. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 97-07 DENIED (PC97- 50). Approved Negative Declaration. MOTION CEQA FINDING: Negative Declaration RESOLUTION NO. ---- CONDITIONAL USE PERMIT NO. 3922. RESOLUTION NO. - .... DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 97-07. HEARING SET ON: A letter of appeal of the Planning Commission decision was submitted by Thomas Riggle, Project Manager, RHL Design Group, 1201 South Beach Blvd., Suite 207, La Habra, Ca. 90631, in latter dated July 7, 1997 and, Public Hearing scheduled this date. Informational item at the meeting of May 20, 1997, Item B7. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - June 26, 1997. Mailing to property owners within 300 feet - June 19, 1997. Posting of property - June 20, 1997. STAFF INPUT: See staff report to the Planning Commission dated April 28, 1997 Earlier in the meeting, after it was determined there was no objection from anyone, the subject Public Hearing, by motion, was continued to Tuesday, July 15, 1997. 2O ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 8, 1997 D3. REHEARING - VARIANCE NO. 4302, CATEGORICALLY EXEMPT, CLASS 11: OWNER: JAS PARTNERSHIP, Attn: Jim Shab, 1990 South Anaheim Boulevard, Anaheim, CA 92805 AGENT: LEON ALEXANDER, 558 South Harbor Boulevard, #100, Anaheim, CA 92805 LOCATION: 1985 South Santa Cruz Street. Property is 2.44 acres located at the northwest corner of Santa Cruz Street and Stanford Court. Waiver of permitted type of sign and permitted size of freestanding sign to construct a 50-foot high double-faced, 299 square foot freestanding pole sign including a 70 square foot electronic readerboard. ACTION TAKEN BY THE PLANNING COMMISSION: GRANTED, IN PART, VARIANCE NO. 4302 for a 50-foot high double faced, 215 square foot freestanding pole sign (PC97-40) (6 yes votes, 1 no vote). Review of the Planning Commission's decision requested by Council Members McCracken and Lopez at the meeting of May 6, 1997, Item B5. Public hearing before the City Council held May 20, 1997 (Item D7). Variance No. 4302 was denied. MOTION: ..... CEQA FINDING: Categorically Exempt, Class 11 RESOLUTION NO. - .... VARIANCE NO. 4302. City Council granted the request for rehearing submitted by the owner Mr. James A. Shab, JAS Partnership and Global Cellular, at the meeting of June 10, 1997, Item B3. Earlier in the meeting, after it was determined there was no objection from anyone, the subject Public Hearing, by motion, was continued to Tuesday, July 15, 1997. C1. REPORT ON CLOSED SESSION ACTIONS: City Attorney Jack White stated that there are no actions to report. C2. COUNCIL COMMENTS: Council Member McCracken reported on her attendance at a Workshop on "Making Livable Communities a Reality in Orange County" which she attended along with the City Manager and other members of staff. She has some of the reports distributed at the workshop and will make copies available for the Council. At the meeting, they discussed various ingredients that make communities livable and the obstacles to creating such communities in Orange County with long- and short-term strategies that cities in conjunction with each other can do to make their communities more livable. 21 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 8, 1997 ADJOURNMENT: By general Council Consent, the City Council Meeting of July 8, 1997 was adjourned. (7:16 P.M.). LEONORA N. SOHL CITY CLERK 22