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2000/06/20ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING JUNE 20, 2000 The City Council of the City of Anaheim met in regular session. Present: Mayor Tom Daly, Council Members: Frank Feldhaus, Lucille Kring, Tom Tait and Shirley McCracken Staff Present: City Manager Jim Ruth, City Attorney Jack White, City Clerk Sheryll Schroeder, Assistant City Clerk Cindy Daniel-Garcia A copy of the agenda for the meeting of the Anaheim City Council was posted on June 16, 2000 at the City Hall inside and outside bulletin boards. Mayor Daly called the regular meeting to order at 3:15 p.m. in the Council Chambers of the Anaheim City Hall, 200 S. Anaheim Blvd. REQUEST FOR CLOSED SESSION: Mayor Daly moved to recess to Closed Session. ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS: None Council recessed to Closed Session at 3:15 for the following purposes: 1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existing Litigation: Name of Case: Vista Royale Homeowners Assn. v. 396 Investment Co. fka The Fieldstone Company, et al., Orange County Superior Court Case No. 77-30-74 (and related cases). 2. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: Initiation of litigation pursuant to subdivision (b) of Section 54956.9: One potential case. 3. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Agency designated representative: David Hill Name of employee organization: Anaheim Firefighters' Association. 4. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Agency designated representative: David Hill Name of employee organization: International Brotherhood of Electrical Workers, Local 47. CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 2 5. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Agency designated representative: David Hill Name of employee organizations: unrepresented management employees. 6. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to subdivision (b) of Section 54956,9 of the Government Code: five potential cases. Claims of Friends of Frank Feldhaus Committee, Irving Pickler, Supporters of Irv Pickler Committee, Debra Daly, Tom Daly and Friends of Tom Daly Committee. After recess, Mayor Daly called the regular meeting to order at 5:22 P.M. INVOCATION: Reverend Mary L. Hibbard, Anaheim United Methodist Church FLAG SALUTE: Council Member Lucille Kring PRESENTATIONS: Mayor Daly presented a Declaration to Greg Wingert, President of Anaheim GLass, recognizing Anaheim Glass on their 55th Anniversary. Mayor Daly presented a Declaration recognizing Releaf Anaheim; Salley White accepted and explained the work Releaf Anaheim had accomplished. Ms. White introduced the Members of the Board. RECOGNITIONS AUTHORIZED BY COUNCIL TO BE PRESENTED AT A LATER TIME: A Declaration recognizing Jerry Q'Connell as Chairman of the Ariahelm Chamber of Commerce for 1999~2000. Proclamation for June 23 and 24, 2000 as Relay For Life In Anaheim. At 5:37 P.M., Mayor Daly recessed the Council meeting until after the Redevelopment Agency and Ariahelm Housing Authority meetings. Mayor Daly reconvened the Anaheim City Council meeting at 5:49 P.M. ADDITIONS/DELETIONS TO THE AGENDA: City Clerk Schroeder noted there was a request to add two items to the agenda and Mayor Daly clarified that they were Items B 10 and B 11, from the Planning Commission meeting of June 19, 2000 and he so moved. Motion seconded by Council Member Kring and motion carried unanimously. CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 3 PUBLIC COMMENTS: Patty Gabby, 7720 Misty Glenn Coud, Anaheim, said she was representing the Canyon Hills Soccer Association Board and expressed her opinion that the City should expend funds on additional spods facilities rather than on golf course improvements. Linda Lee Grau, 24 Morning Dove, Irvine, announced that Senate candidate Gall Lightfoot would hold an open house on July 1, 2000. She expressed her disapproval of the light rail project. Sarah Aliveson, regarding the Anaheim Hills golf course clubhouse project, said she supported the new clubhouse proposal and she invited the Council and public to attend the 4th of July celebration. Stephanie Perry, 5949 East Avenida Arbo, Anaheim, announced a fundraiser for a young boy fighting cancer. She also spoke regarding the lack of playing fields in the City and she said she preferred to see the funding spent on parks rather than golf course improvements. Bill Hendley, 240 S. Moller Drive, on behalf of the Canyon Hills Soccer Association and the National Junior Basketball Association, said even though the golf course brought in revenues, some of the allocated funds should be spent to purchase land, possibly Maag Ranch. Linda Denmar, 8609 East Cliffside Drive, Anaheim, agreed that a banquet facility was needed at the golf course, but children's' playing fields were not adequate and she suggested the Council diversify the funds and attempt to improve both. A resident of 5987 East Avenida Laveta, spoke regarding his desire to see improvements made at the Anaheim Hills Golf Course, possibly not to the degree planned. He suggested that the revenue from the golf course and banquet facility could be earmarked for play areas for children. Leonard Lahtinen, 2731West Subway Place, Anaheim, informed Council that Faith Lutheran Church was experiencing flooding problems due to inadequate storm drains along Orange Avenue and that he had written to the Public Works Department. He said there was an oppodunity to have cooperation between the County and City to improve the storm drainage along Orange Avenue. He asked that the City work with the County to repair the strip between Brookhurst Street and Thistle Street, which would eliminate the problems on Orange Avenue. He also spoke regarding a recent concert held at the Anaheim Pond and his distaste for the performers. Pete Tsachpenis, 156 Calle Dias, Anaheim, spoke regarding his disapproval of the proposed improvements to the golf course. With no further public comments, Mayor Daly moved to waive reading in full of all ordinances and resolutions, seconded by Council Member McCracken and motion was carried unanimously. CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 4 CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 TO A31: Council Member Tait requested discussion on item A21 and A30. Council Member Feldhaus requested discussion on Item A2. He noted that in reading the minutes of the Anaheim Public Library Board meeting on March 1, 2000 and reading the Financial Analysis for the last 10 months ending April 30, 2000, the City's general fund net revenues were a positive $5 million, $759,000 of which were reimbursement of ERAF property taxes and he asked if the budget could include a second bookmobile. City Manager Ruth responded that the facility being utilized in the resort area would be converted to a bookmobile as soon as construction was complete in the resort area, within a year. Mayor Daly said additional information to Council regarding the conversation would be helpful. Council Member Tait, speaking on Item A21, a request to spend $447,000 for an architect to design a new clubhouse at Anaheim Hills Golf Course, construction of which would cost $6.2 million, said he felt the roof could be repaired and the remaining funds used to purchase property for parks. He urged Council Members to vote against Item A21. Mayor Daly informed that in response to questions raised at the last Council meeting regarding the proposal, Council asked the City Manager to provide detail on the history of the existing clubhouse and to provide alternatives. He noted there were three options for Council to consider: one was a $2 million repair of the existing building, one was a $3.6 million major remodel and the original proposal of a $6.2 million dollar project. City Manager Jim Ruth said this process had involved community participation over a number of years and the conclusion in looking at the existing facility was that the original club house was not very functional, not conducive to good public golf usage and in disrepair. He said the community was supportive of replacing the clubhouse and the City had reviewed options for funding. He added that staff and Council had also looked at spod facility deficiencies throughout the City and it was found there were cdtical needs throughout the community, with the greatest need being in the central part of the City. He said the City would not build a clubhouse at the expense of not providing sports facilities. Mr. Ruth said the budget before Council this date had three proposals, one to fund lighting of additional school facilities, bNO was an option to develop the western end, in cooperation with the County of Orange, of Yorba Regional Park, The third option, Mr. Ruth said the City was very instrumental in getting the Supervisor to light Anaheim Hills Elementary School and additional acreage would be graded. He finalized that the club house recommendation was not made without looking at other possibilities to address sports needs. He said staff did not think it was a good investment to rehabilitate the clubhouse, it would be too costly and the long-term product would not been suitable. Mayor Daly asked if the clubhouse was rebuilt, could the course handle more golfers. CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 5 Jack Kudron, Parks and Golf Superintendent, responded that the current rounds per year at Anaheim Hills were between 85,000 and 90,000 rounds, the capacity of the course was about 110,000 rounds. He said the clubhouse and bar were not utilized to capacity and the City received a lot of feed back from people who had moved their banquets to other facilities. Upon a question from Mayor Daly regarding the type of business at the clubhouse, Mr. Kudron said it was patrons for wedding receptions and golf tournaments. Upon a question from Council Member Kring regarding the funding for the project, Mr. Kudron noted that the funds for the project would be from the adjustment of the golf fee structure done in February, where the non-resident paid more than the resident and that money would produce about $500,000 and $600,000 a year in addition to sell revenue bonds to borrow the $6 million which would be paid off over a 15 to 20 year period at $500,000 or $600,000 per year. Council Member Tait said staff's figures show the City would earn $100,000 a year additional funds if the club house is built, he said it would make better business sense to put the $6.2 million in the bank and earn $400,000 a year. He said from a business point of view, it did not make good business sense nor from a community needs point of view. Mayor Daly reminded everyone that current or future golf revenues could be used for other projects and there was a balance of needs in the community and a cost benefit analysis should be applied to this type of project. He said that $6 million sounded ~a little rich" and he felt the existing clubhouse needed substantial improvements but at some point, the more expensive the project costs, there were diminishing returns. He said he did want to find funds to improve the clubhouse but $6 million was a too much for a replacement project that would not substantially change the operation of the course, where other improvements would touch many more lives. He said there was no hurry and this subject should be discussed thoroughly. Council Member McCracken, referring to Council Member Tait's comment about an annual profit of $100,000, she said she thought that was only on food, not on sales tax from the pro shop, not on increased tournaments. Jack Kudron said the $100,000 was based on what the City felt they could do on increased food and beverage based on improving the gross by about $1 million and getting about 10% of the gross from the food and beverage operator. He said staff had been very conservative on estimates, they had not figured in sales tax on pro shop merchandise, increased golf or even the possibility of raising the greens fees after the clubhouse was in place. He said staff had talked to experts in the field and they indicated that when the clubhouse was completed there would be tolerance for raising greens fees possibly another 10%. Council Member McCracken noted that the consultant did not include what the project would do to property values around the clubhouse and what it would mean in re-sale values. Mr. Kudron said the consultant looked at the whole idea of a banquet/reception facility in the area and said the market was right for that. CITY OF ANAHEIM - CiTY COUNCIL MINUTES JUNE 20, 2000 PAGE 6 Council Member Feldhaus noted the cad barn was part of the proposal. Mr. Kudron said all three proposals had a new cart barn included. Mayor Daily explained that if the City could save money on the $6 million project, bring it down to $2 or $3 million, the difference could be spent on ball fields and other things. Council Member Feldhaus said there was a proposed five year plan to fund them and Mayor Daly said there was a proposed plan but this project should be weighed against other community needs. Council Member Kring asked the Mr. Kudron how much money was placed in the general fund from the golf courses and he answered all the profits from the golf courses went to the general fund, which was $1.9 million per year. She asked that if the course capacity was full and the clubhouse was improved, how much would be placed in the general fund. Mr. Kudron responded that about every 10,000 additional rounds would generate about $450,000, before expenses. She said that was another $2.4 million a year generated by the golf courses that could be used for parks and senior housing or whatever the City wanted. Council Member Kring reminded everyone that citizens passed Prop 12 in March, the State Park Bond Act, where the city would be getting millions of dollars to be used for parks so she did not see the issue was being an either or situation. Council Member Tait said that when he has approached the subject of purchasing Maag Ranch, he had been told there was no funds available and now money had been found. The question was, was this the best way to spend $6.2 million and he said he felt it was not. Referring to the proposed budget adoption on the agenda that date, Mayor Daly suggested that until the $6.2 million for the project was adopted into the budget, it would be premature to hire the architect. He wondered if Council approved the $447,000 to hire the architect, if there was a cancellation clause. Mr. Kudron said it would probably negate the proposed contract, the architect might keep his proposal in place for 90 or 100 days, but to assume the same proposal would be valid three or four years from now was not a good assumption. Council Member McCracken asked if there was any urgency to act on the issue now, adding that the City had been working towards this project for over 20 years. Mr. Kudron answered no, staff had indicated that as soon as the architect was hired, it would take 27 months to open a new facility. He noted that there were continual operating problems, such as closing of restrooms and when it reined, parts of the facility had to be closed down and a lot of maintenance had been deferred because staff didn't want to put money into a facility that may be torn down. He said the risk was that the City would continue to run a substandard facility. CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 7 Mayor Daly asked Mr. Kudron how the 85% usage compared to five years ago and Mr. Kudron responded that it had been fairly fiat, the City had experienced between 85,000 and 90,000 rounds for the last six years, prior to that it was lower, he added. Council Member Tait noted it was interesting that the rounds had increased while not building a new club house and he moved to deny Item A21 to allow staff time to review it. He said he felt it was premature to spend a half million dollars on an architect when the Council did not know which direction they were going to go. Mayor Daly seconded the motion. Roll call vote: 2 ayes: Mayor Daly, Council Member Tait. 3 noes: Council Member McCracken, Council Member Feldhaus, Council Member Kring. Motion failed. Council Member Kring moved to delay the architect contract, Item A21, until July 11, 2000 meeting, seconded by Mayor Daly. Motion carried unanimously. Regarding Item A30, Council Member Tait said he read it as a request for the City to pay the PERS contribution for management staff and a 3% increase. He mentioned that he felt it was an across the board 10% increase for management staff and he was uncomfodable with that, adding he would vote against the proposal. Mayor Daly said the staff report indicated a first year cost of $290,000 and he asked for an explanation of the cost of the PERS contribution. He noted that the City was over funded in the PERS retirement fund and he asked for the cost of the 7% over two years. City Manager, Jim Ruth, explained that the money was PERS accrued interest in the City's contribution to that fund and if the fund was drawn down to $0, the City would have to pay back the funds to get 100% funded for benefits. Mayor Daly asked, if the surplus did not exist, the City was at $0 and the City had to pay for this proposal, what would the cost be. Human Resources Director, David Hill, responded that if the City paid from City resources rather than from surplus assets, the first year cost would be approximately $1 million. Council Member Tait asked, since it was a two-year proposal, what the cost would be. Mr. Hill answered that when the proposal was fully implemented in year two, it would be $2 million a year. He said there had been an actuary review the impact on the surplus assets and it would deplete the surplus assets after about 30 years of payment. Mayor Daly asked if there were other potential depletions of surplus assets that could Occur, Mr. Hill responded none to be recommended by staff at this time, there was 2 pieces of pending legislation to further improve the benefits for miscellaneous employees, if they were made optional benefits for local government, the City would have the employee organizations seeking to use some or all of these surplus assets at a future date to 'spunj S~l=lc] eq] uJ]eloeJ o] poJJe pez!ueejo jo edX] Xue set~ ejeql j! pease XleO · s~ssse snldjns S~lqd · Gojoj~jo~ eql e:leA!$otu pue u!el9j '$!njo9j o] ],sejelu! s,,~|!0 a4$ u! se~ ;! paAa!laq :Beis 'p!es a4 'ajm, nj alqeaasaJoJ a41 Jo4 'os op o] LUa4] pa.qnbaJ sa.~nssajd a^!l!$adwoo s,.4T!:::) a4l pue lUaLUaAOLU p.~eN, dn ue u! se~ alo/~::, ssau!snq a4~, se 8uoI se 'Jea/~ qoea saseajsu! aJnl::)nJls 41!AA sanu!luoo ~!3 a41 leql Se~A uo!lepuaLuLuooaj aqT p!es II!H 'JIAI 'aTeLu!lsa ue aq plnO~A UO!II!LU E;'~$ lnoqe pajaAAsue II!H 'JIAi pue SJea/~ lessU oA~l uj aq plno~ lesodoJd aJ!lua aql Jo 1sos aql leq~A pa~se/~le(] JoXelAI '$a~ljeLu Joqel aql jo SUAAOp pue sdn aql 6u!loalJaJ suo!iepuaLuLuooaj ql!~A IpunoO ol uJnlaJ S/~eAAle plno~ ~els p!es II!H 'JIAi · JaDuol/(ue l!Jauaq e aq lou plnO~A 1! aJa4~A ~oeq palsnipe aq 1! plnoo 'saa,(oldLua ~o ~o!d aql peq 'sja/~oldLua se ',~!::) aq~, aJaq~A uo!]enl!s $uajajJ!p e uj se~ ,~1!0 aql pue punoje pgujn1Ta~JeLu qo! aql ~! pa~se 6u!J)t JaqLualAJ 'pau!eldxe aq 'alq!ssod se 6uoI se saa/~oldLue snoauellaos!Lu JoJ aleJ uo!lnqpluoo oJaz s/~lK:) eql u!elu!eLu ol ueql Jaqlo slesse snldjns aql ~o asn leuo!l!ppe Xue 6u!puaLuujooaj lou se~ ~els pue 6u!puad sl!Jeuaq leuo!l!ppe ou GjG~A ejeql GLU!I SJql 1V 's~,Uauaq ee/~olduJa GAOJdLU! JaqlJnJ 9 :~gVd O00i: 'OZ :gNnr S:I,I. RNII/~ 'II3NR03 ALl::) - I/~FIHVNV 40 LLI3 CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 9 CAL PERS to stabilize rates and to have them forecasted and predicted over the long term. Mr. Hill explained that if the surplus condition continued, it would be in everyone's interest to seek a legislative remedy to return some of the surplus assets, at least those that could be returned without effecting the stabilized rates. He said he was not aware of anyone having that on their legislative agenda and Council could adopt that as part of their legislative package if they believed it was in their long-term interest. Council Member Tait explained he was not against giving management personnel raises but he felt it should be done on individual basis, if someone was underpaid, they should be paid fairly, he said. He was against this proposal because he believed it to be a 10% across the board increase. He said he preferred individuals being treated as individuals and those that were performing well be paid accordingly. Council Member Tait moved to deny Item A30, seconded for purposes of discussion by Mayor Daly. Council Member Kring asked for clarification of the proposal, as she understood it 31/2% this year for PERS, 31/2% next year, which was 7% and the next 3% was not automatic, it would bring employees up to where they should be. Mr. Hill said that was the way he would describe it, the City did not fund their structure increases, a change in the structure was adopted, which meant the upper end moved 3%, then each employee was treated as an individual and on their anniversary date, they were evaluated based upon their performance and they may be eligible for a merit increase or they may not, adding there was nothing automatic in the management pay system. Mr. Hill said staff could periodically report ratings to Council and Council Member Kring noted that would be helpful to get that information periodically. Mayor Daly expressed his concern that until the budget was adopted, it may not be prudent to adopt Item A30 and commit the funds and for that reason and his ongoing concern with the $110 million surplus, he was troubled that staff was not recommending a more aggressive approach to returning some of the funds to the City. He felt it was being treated as a future benefits fund and he felt the Council should be given choices. He said he felt there should be a discussion scheduled in the near future and what the Council wished their legislative strategy to be. Mr. Ruth said staff would be happy to pursue that but at the present time there was no recourse to have the funds returned to the cities. Council Member McCracken noted that the $1 '10 million was money raised by the investment policies of PERS and the City's annual contribution was based on how many employees were retiring and still in the retirement system and at the present time, the City had not had to add any contribution for employees because of the growth in that fund because of investments. Mayor Daly asked the connection of the resolutions to the adoption of the City's budget and City Manager Ruth responded that they were not linked to the adoption of the budget, there were sufficient funds in the proposed budget to absorb the $290,000. CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 10 Mayor Daly expressed his thoughts that it was premature to adopt the Resolutions until the Council had adopted the budget, otherwise the Council put themselves in the position of having no choice but to adopt the budget or find money in the budget if priorities changed. Council Member Kring moved to postpone consideration of Item A30 until after adoption of the budget, seconded by Council Member McCracken. Motion carried by a vote of four ayes: Mayor Daly, Council Member McCracken, Council Member Feldhaus, Council Member Kring. One no vote, Council Member Tait. On a 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, except Items A21 and A30. Mayor Daly offered Resolutions 2000R-107, 108, 109, 110, 111 and 112 for adoption. Motion carried unanimously. A1. A2. A3. A4. A5. A6. A7. Reject certain claims filed against the City and claims continued from the meeting of June 13, 2000, Item A1. Receive and file minutes of the Anaheim Public Library Board meeting held March 1, 2000; the Monthly Financial Analysis for ten months ended April 30, 2000, as presented by the Finance Director; and the Investment Portfolio Report for the month of May, 2000, as submitted by the City Treasurer. Award the contract to the lowest responsible bidder, Pro Tech Engineering Corporation, in the amount of $20,622 for Oak Canyon Nature Center security lighting and approve and authorize the Finance Director to sign the Escrow Agreement pertaining to contract retentions. Award the contract to the lowest responsible bidder, R & M Electrical Contracting, in the amount of $24,925 for Barton Park security and lighting and approve and authorize the Finance Director to sign the Escrow Agreement pertaining to contract retentions. Award the contract to the lowest responsible bidder, National Electrical Contractors, Inc., in the amount of $28,000 for Eucalyptus Park security lighting and approve and authorize the Finance Director to sign the Escrow Agreement pertaining to contract retentions. Award the contract to the lowest responsible bidder, R & M Electrical Contracting, in the amount of $31,681 for Peter Marshall Park security lighting and approve and authorize the Finance Director to sign the Escrow Agreement pertaining to contract retentions. Award the contract to the lowest responsible bidder, Pro Tech Engineering Corporation, in the amount of $72,293 for Peralta Park security lighting and approve and authorize the Finance Director to sign the Escrow Agreement pertaining to contract retentions. CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 11 AS. A9. A10. All. A12. A13. A14. A15. A16. Award the contract to the lowest responsible bidder, Inspection Engineering, in the amount of $113,496 for Lincoln Avenue signal coordination and approve and authorize the Finance Director to sign the Escrow Agreement pertaining to contract retentions. RESOLUTION NO. 2000R-107 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 abandoning pipeline, slope, road and public utility easements located at 421 South Country Hills Road. (Abandonment No. 99-4A). (Suggested public hearing date: August 8, 2000, at 6:00 P.M.) RESOLUTION NO. 2000R-108 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM supporting the application of the California-Nevada Super Speed Train Commission to the U. S. Department of Transportation and Federal Railroad Administration for awards of preconstruction design/engineering and construction grants under the TEA-21 Magnetic Levitation Transportation Technology Deployment Program ("MAGLEV Deployment Program). Approve the First Amendment to Agreement with Robert Borders and Associates in an amount not to exceed $19,280 for the tenant improvement for the East Police Substation. Approve a Second Amendment to Agreement between Computer Services Company and the City of Anaheim, extending the term of the traffic signal maintenance services agreement for one additional year. Accept the low bid of Grainger Industrial Supply, a division of W.W. Grainger, Inc., in the amount of $20,341.44 for trash receptacles with tops for the Convention Center in accordance with Bid #6050. Accept the low bid of Systems Source, Inc., in the amount of $58,002.62 for Cadwright furniture for Convention Center new lobby in accordance with Bid #6043. Accept the bid of Deery American Corporation, in an amount not to exceed $67,375 for an estimated 350,000 pounds of C.M.C. 200 asphalt sealant, and accept the bid of Koch Material Company, in an amount not to exceed $36,795 for an estimated 165 tons of SS-1H sealant, including an estimated 100 hours of spreading charges for a period of one-year commencing July 1, 2000, and authorize the Purchasing Agent to exercise up to four additional one-year renewals, limited to the Consumer Price Index increases, in accordance with Bid ~6031. Accept the low bid of JM Fiber Optics, Inc., in the amount of $160,023 for fiber optics equipment, supplies, labor and installation in accordance with Bid #6029. CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 12 A17. Accept the low bid of Plant Control, in an amount not to exceed $28,000, for weed abatement for a period of one year, commencing July 1, 2000, and authorize the Purchasing Agent to exercise up to four additional one-year renewals, adjusted to Consumer Price Index increases, in accordance with Bid ¢/6032. A18. Accept the low bid of All Seasons Tire Centers, Inc., in an amount not to exceed $55,971, for Police Goodyear vehicle tires as required, for a period of one-year, commencing July 1, 2000, and authorize the Purchasing Agent to exercise up to four additional one-year renewals, adjusted according to Consumer Price Index increases, in accordance with Bid -Y,6042. A19. Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase order to Sico North America, Inc., in the amount of $211,418.02, and shipping charges, for two portable stages and accessories at the Convention Center. A20. Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase order in the amount of $31,028 for the purchase of one Pitney Bowes Series 5 folding inserting system for the Reprographics and Mail Program. A21. Increase the revenue and expenditure appropriations in accounts 550-213-4773- 5797 and 550-213-4778-7825 and approve an Agreement with Melzer Deckert and Ruder, Architects, inc., in an amount not to exceed $447,000 for consultant services to prepare construction drawings and provide construction observation for the Anaheim Hills Golf Course Clubhouse project. (Continued from the meeting of June 13, 2000, Item A12.) A22. Approve a License Agreement with Feedback Foundation, Inc. to utilize the Brookhurst Community Center on a shared basis to provide a comprehensive meal program for senior citizens, including recreational activities and social services, through June 30, 2001. A23. Approve Amendment No. 3 to Agreement No. C-8-0184 with the Orange County Transportation Authority in an amount not to exceed $31,870 to provide 3,251 hours of transportation services to senior citizens participating in the Project TLC lunch programs, from July 1, 2000 to June 30, 2001. A24. Authorize the transfer of $271,510 of Community Development Block Grant Funds to the Anaheim Redevelopment Agency to implement the Anaheim Colony Historic District Boundary Monument Project. A25. RESOLUTION NO. 2000R-109 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving the Workforce Investment Act Title I Master Subgrant Agreement between the City of Anaheim and the State of California for the term of May 1, 2000 through June 30, 2002. CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 13 A26. Consider the appointment of Carol Weirbeky to the Anaheim Workforce Investment Board representing the Department of Rehabilitation in the One-Stop Padner Category for a 5-year term. A27. Authorize the Fire Chief to apply for Hazardous Materials Emergency Preparedness Planning Grant, in order to purchase hardware and software to enhance the Fire Department's effectiveness when handling hazardous material incidents. A28. Approve the Plumbing Utility Agreement between the City and Dow Plumbing which authorizes Dow Plumbing to provide various plumbing services on a non- exclusive basis to persons at the Convention Center who require such services in connection with events. A29. Adopt a Negative Declaration for the proposed construction of an electricel substation in the Anaheim Hills area, to be located at 8155 East Santa Ana Canyon Road, A30. Please see minutes after budget adoption. A31. RESOLUTION NO. 2000R-122 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM calling and giving notice of the holding of a general municipal election to be held on Tuesday, November 7, 2000, for the election of certain officers as required by provisions of Adicle XIII, Section 1300 of the City Charier. RESOLUTION NO. 2000R-123 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on November 7, 2000, with the Statewide General Election to be held on that date pursuant to Section 10403 of the Elections Code. RESOLUTION NO. 2000R-124 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, November 7, 2000. END OF CONSENT CALENDAR Regarding Item A32, Continued Public Hearings regarding fees, Mayor Daly suggested Council return to the item after the land use hearings and there were no objections heard. Regarding Item A33, Board and Commission re-appointments, Mayor Daly suggested a continuance to the July 11, 2000 meeting, the appointment to the Budget Advisory, which was now vacant and also the Jones seat on the Senior Citizen Commission. He noted Council could consider the remaining re-appointments. CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 14 Council Member Kring stated she wished to see all the Board and Commission openings advedised. Mayor Daly asked if there was any objection to that and clarified that everyone currently holding positions would continue to serve. Hearing no objections, he moved to continue Item A33 to July 11, 2000, seconded by Council Member Kring and motion carried unanimously. Items B1 Zoning Administrator Meeting of June 1, 2000: (No action necessary unless Council desires to set a particular item for public hearing) APPEAL PERIOD ENDS JUNE 23, 2000: B1. VARIANCE NO. 2000-04396 CATEGORICALLY EXEMPT - CLASS 1: OWNER: David A. Brown and Diane G. Brown, 504 South State College BIvd., Anaheim, CA 92806 LOCATION: 504 South State Colleqe BIvd. (Anaheim Band Instruments). Property is 0.32 acres located at the southeast corner of State College Blvd. and Westport Drive with a frontage of 112 feet on the east side of State College Blvd. and a frontage of 79 feet on the south side of Westport Drive. Waiver of minimum number of parking spaces (34 spaces required; 26 spaces proposed) to construct a two-story addition to an existing commercial retail building in the CL (Commercial, Limited) Zone. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Approved Variance No. 2000-04396. Items B2 throu.qh B8 From Planning Commission Meeting of June 5, 2000: (No action necessary unless Council desires to set a particular item for public hearing) APPEAL PERIOD ENDS JUNE 27, 2000: B2. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2000-04222 ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 189: OWNER: City of Anaheim (Redevelopment Agency), 201 South Anaheim Boulevard, Suite 1003, Ariahelm, CA 92805 AGENT: Avalon Acquisition Corporation, Attn: Mr. Adam Cole, 495 North Commons Drive, Suite 200, Aurora, Illinois 69504 LOCATION: 400 West Lincoln Avenue and 100 South Harbor Boulevard. Property is 3.0 acres located at the southeast corner of Lincoln Avenue and Harbor Boulevard. To construct a live performance theater including banquet facilities with outdoor dining area and the sales of alcoholic beverages for on-premises consumption and construction of a freestanding electronic readerboard (changeable message) sign with waiver of (a) minimum number of parking spaces, (b) maximum height, width, area and location of freestanding readerboard sign. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 2000-04222 GRANTED (PC2000-72) (6 yes votes, Commissioner Bostwick absent). Approved waiver of code requirement. CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 15 EIR NO. 189 previously approved. Request by Community Development Department to set for public hearing July 11, 2000. Mayor Daly moved to set for public hearing, seconded by Council Member McCracken. B3. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 4171 ENVIRONMENTAL IMPACT REPORT NO. 323 REQUEST FOR CITY COUNCIL REVIEW: OWNER: California Drive-In Theaters, Attn: John Manavian, 120 Nodh Robertson Boulevard, Los Angeles, CA 90048 LOCATION: 1500 North Lemon Street. Property is 26.34 acres located at the southeast corner of Lemon Street and Durst Street. General Plan Amendment No. 370 - An amendment to the Land Use Element of the General Plan to redesignate the subject properly from the General Industrial designation to the General Commercial designation. Reclassification No. 99-00-10 - To reclassify subject property from the ML (Limited Industrial) Zone to the CL (Commercial, Limited) Zone. Conditional Use Permit No. 4171 - To construct a 294,632 square foot commercial retail center including a home improvement store, health club, three (3) drive-through fast food restaurants, two (2) full-service restaurants, a multi- tenant pad building, and a freeway-oriented sign with waiver of (a) minimum number of parking spaces, (b) minimum parking lot landscaping, and (c) required dedication and improvement of right-of-way. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended adoption of Exhibit A for GPA No. 370 to City Council (PC 2000-73) (6 yes votes, Commissioner Bostwick absent). Granted Reclassification No. 99-00-10 (PC2000-74) (6 yes votes, Commissioner Bostwick absent). CUP NO. 4171 GRANTED (PC2000-75) (4 yes votes, Commissioners Koos and Vanderbilt voted no, and Commissioner Bostwick absent). Waiver of code requirement approved in part, approving waiver (a) and denying waivers (b) and (c) (4 yes votes, Commissioners Koos and Vanderbilt voted no, Commissioner Bostwick absent). Recommended certification to the City Council of EIR 323. Recommended by staff to be set for public hearing August 8, 2000. B4. CONDITIONAL USE PERMIT NO. 2000-04225 (MASTER CONDITIONAL USE PERMIT NO. 4075) AND NEGATIVE DECLARATION: OWNER: Raymond Runo Trust, Attn: Norma Hillman, Dan Neyenhuis, and Lillian Runo, 1120 Kenwood Place, Fullerton, CA 92531 AGENT: Fairmont Private Schools, Inc., Attn: David R. Jackson, 100 South Anaheim Boulevard, Suite 125, Anaheim, CA 92805 CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 16 LOCATION: 1575 West Mable Street. Property is 0.89 acre located on the north side of Mable Street, 270 feet east of the centerline of Loara Street (Fairmont Private School). To amend previously-approved floor plans to eliminate classrooms and reduce the warehouse area. ACTION TAKEN BY THE PLANNING COMMISSION: Approved amendment to floor plans of Master CUP NO. 4075 to expire March 1, 2019 (PC2000-76) (6 yes votes, Commissioner Bostwick absent). Negative Declaration previously approved. B5. CONDITIONAL USE PERMIT NO. 2000-04213 (MASTER CONDITIONAL USE PERMIT NO. 3528) CATEGORICALLY EXEMPT-CLASS 3: OWNER: Canyon United Methodist Church, Attn: Tom Rothaar, 101 Chaparral Court, Anaheim, CA 92808 AGENT: Greg Hammill, 414 Fernhill Lane, Anaheim, CA 92807 LOCATION: 101 South Chal~arral Court. Property is 1.3 acres located at the southwest corner of Kaiser Boulevard and Chaparral (Light of the Canyon United Methodist Church). To consider reinstatement of Master Conditional Use Permit No. 3528 which currently contains a time limitation (originally approved on July 27, 1992, to expire on October 9, 1999) to retain 4 modular structures used for a temporary church sanctuary, offices, classrooms, a library and kitchen facilities. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement of Master CUP NO. 3528 for two years, to expire December 9, 2001 (PC2000-77) (6 yes votes, Commissioner Bostwick absent). B6. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2000-04214 (MASTER CONDITIONAL USE PERMIT NO. 3647) AND NEGATIVE DECLARATION: OWNER: Omar L. and Grace C. Blanchard, Trustees, Attn: Rex Blanchard, 191 Old Springs Road, Anaheim, CA 92808 AGENT: Associate Building Inc., Attn: Don Gilmartin, 425 East Arrow Highway, #235, Glendora, CA 91740 LOCATION: 191 South Old Sprinqs Road. Property is 1.42 acres located at the northwest corner of Monte Vista Road and Old Springs Road (Hillsborough School). To permit an expansion to an existing child day care facility and private elementary school with waiver of minimum number of parking spaces (deleted). ACTION TAKEN BY THE PLANNING COMMISSION: Master CUP NO. 3647 APPROVED IN PART (PC2000-78) (6 yes votes, Commissioner Bostwick absent). Denied waiver of code requirement. Approved Negative Declaration. B7. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2000-04215 (MASTER CONDITIONAL USE PERMIT NO. 3293) CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 17 CEQA CATEGORICAL EXEMPTION-CLASS 1: OWNER: Vicorp Restaurants, Inc., Attn: Rick Foerster, 400 West 48th Avenue, Denver, CO 80216 LOCATION: 2110 South Harbor Boulevard. Property is 0.92 acre located on the east side of Harbor Boulevard, 200 feet south of the centerline of Orangewood Avenue (Baker's Square Restaurant). To construct an outdoor dining area in conjunction with an existing sit-down restaurant with sales of beer and wine for on-premises consumption with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Approved modification to Master CUP NO. 3293 (PC2000-79) (6 yes votes, Commissioner Bostwick absent). Approved waiver of code requirement. B8. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2000-04217 CEQA NEGATIVE DECLARATION: OWNER: Michael and Lucy Kurkjian, 2331 East Katella Avenue, Anaheim, CA 92806 AGENT: Western States Engineering, Attn: Carmen Begay, 1150 North Richfield Road, Anaheim, CA 92807 LOCATION: 3085 East La Palma Avenue. Property is 0.52 acre located at the northwest corner of La Palma Avenue and Kramer Boulevard. To construct a gasoline service station with accessory convenience market, and a fast food restaurant with waivers of (a) permitted encroachments into required yards, (b) minimum dimensions of parking spaces (deleted), (c) minimum landscaped setback adjacent to arterial highways, (d) minimum structural setback adjacent to interior property lines, and (e) minimum landscape requirements adjacent to interior property lines. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 2000-04217 GRANTED IN PART (PC2000-80) (6 yes votes, Commissioner Bostwick absent). Waiver of code requirement approved, in part. Negative Declaration previously approved. No further action was taken on B Items. B9. (c) REQUEST FOR REHEARING VARIANCE NO. 4390 AND NEGATIVE DECLARATION: OWNER: Chibueze J. Dallah, 17380 Briardale Lane, Yorba Linda, CA 92886 LOCATION: 1429 East Lincoln Avenue. Property is 0.46 acres located on the north side of Lincoln Avenue, 160 feet east of the centerline of La Plaza. Waiver of (a) minimum side yard setback, (b) minimum front yard setback and required orientation of residence adjacent to aderial highway, to construct a single-family residence. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4390 GRANTED IN PART (PC2000-39) (6 yes votes, Chairperson Boydstun absent). Approved Negative Declaration. CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 18 Informational item at the meeting of April 18, 2000. Review of the Planning Commission's decision requested by Mayor Daly and Mayor Pro Tem McCracken. Public hearing continued from the meeting of May 16, 2000, Item C3. Variance denied by Council (Resolution No. 2000R-18) May 23, 2000 (Item C2). Negative Declaration denied. Re-hearing filed by Owner June 8, 2000. Mayor Daly asked if there was any new information regarding the request for rehearing and City Attorney While responded no, in his opinion there was no necessity to grant a re-hearing, it would be discretionary with Council. Mayor Daly said that unless the plans had changed, which it appeared that they had not, he felt they should deny the re-hearing. Council Member Feldhaus remembered that the owner was supposed to meet with staff and attempt to find a usage. Planning Director, Joel Fick, answered that there had been discussions with the applicant and he was evaluating his options. Council Member Feldhaus felt that was a premature action and Mr. Fick said the request was on the current development proposal that he previously proposed and submitted to Council. Mayor Daly moved to deny the request for re-hearing on Variance 4390, seconded by Council Member Feldhaus and carried unanimously. ADDENDUM TO THE AGENDA: Items B10 and B11 From Planning Commission Meeting of June 19, 2000: (No action necessary unless Council desires to set a padicular item for public hearing) APPEAL PERIOD ENDS JUNE 29, 2000: B10. TENTATIVE PARCEL MAP NO. 2000-00159 CEQA CATEGORICALLY EXEMPT-CLASS 15: OWNER: R.S. Hoyt, Jr., Trustee of R.S. Hoyt Jr., Family Trust, 146 East Orangethorpe Avenue, Anaheim, CA 92803 AGENT: Anacal Engineering, 1900 East La Palma Avenue, #202, Anaheim, CA 92805 LOCATION: 1537-1567 West Embassy Street. Property is 2.2 acres located at the northeast corner of Loara Street and Embassy Street. TO establish a 4-lot industrial subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Approved Tentative Parcel Map No. 2000-00159 (6 yes votes, Commissioner Arnold absent). CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 19 Bll. FINAL SITE PLAN NO. 00-06 CATEGORICALLY EXEMPT, CLASS 3 AND 11 - REQUEST FOR REVIEW AND APPROVAL OF A FINAL SITE PLAN TO INSTALL SIX FREESTANDING DIRECTIONAL SIGNS, ONE PARKING LOT TOLL BOOTH AND TWO TICKET DISPENSERS: Pacific Islandia California, Inc., 1015 West Ball Road, Anaheim, CA 92802, requests review and approval of a Final Site Plan, including a site plan, elevation plans and sign plans, to install six (6) freestanding directional signs, one (1) parking lot toll booth and two (2) ticket dispensers in the Anaheim Sheraton parking lot. The property is located at 1015 West Ball Road (Anaheim Sheraton). ACTION TAKEN BY THE PLANNING COMMISSION: Approved Final Site Plan 00-06, Exhibits Nos. I through 14, and is in conformance with the Anaheim Resort Specific Plan No. 92-2 (6 yes votes, Commissioner Arnold absent). END OF THE 10-DAY APPEAL PERIOD ITEMS FROM THE PLANNING COMMISSION MEETING OF JUNE 19, 2000. No request for public hearing was heard. PUBLIC HEARINGS: C1. PUBLIC HEARING - ANAHEIM RESORT MAINTENANCE DISTRICT: At their meeting of June 6, 2000, Item A16, the Anaheim City Council adopted two resolutions. (1) Resolution No. 2000R-90 declaring its intention to provide for an annual levy and collection of assessments in the Anaheim Resort Maintenance District for Fiscal Year 2000/01, and (2) Resolution No. 2000R-91 initiating proceedings for the annual levy of assessments in, and accepting an assessment Engineer's report for, Anaheim Resort Maintenance District. Resolution No. 2000R-90 was published in the North County news June 9, 2000. Assistant City Manager, Tom Wood, presented the staff report, which is a part of this record. Mayor Daly opened the public hearing for comments. Robert Gain, 2515 Barrel, said Melody Land Christian Center was within the district and he contended that it was not a business and should not be subject to the fees. He said he was not sure they were notified properly a year ago when the district was formed. He added that access to the properly had been cut off. He said the benefit was to the hotels, not a church. The Associate Pastor of Melody Land Christian Center, concurred. Hearing no further testimony, Mayor Daly closed the public hearing. Council Member Feldhaus expressed his feelings regarding the way the letter from Willdan and Associates was worded, he felt it was too caustic. He felt a business that CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 20 was taken into the resort area by defined lines picked out by the City and was on the peripheral was not fair to the business. Council Member Kring agreed with Council Member Feldhaus and added that so many of the businesses had been impacted with the construction and loss of business. She asked if it was too late to go back and look at certain circumstances and what type of penalty was imposed if someone did not pay the fees. Assistant City Manager Wood said Dick Kopecky of Willdan's would add to his response. Regarding the question if the bills had been sent out, Mr. Wood said yes, this was an annual process, this was the second year of the assessment. He said it went out with the property taxes. Council Member Kring asked if the City had received any complaints since they had mailed out bills for two years and Mr. Wood said the only complaint his office had received was from the son of the liquor store owner that Council Member Feldhaus spoke to and since the public hearing and vote held a year ago, that was the only response heard from. Council Member Kring asked if everyone had paid the bills. Mr. Wood said the City had a very good compliance with paying. Answering Council Member Kring's second question, Mr. Wood said the way the system was set up, when a property turns into productive use, he used the strawberry field as an example, the assessment was fixed and spread over the properties that were in business. In future years as additional properties come on line, everyone's assessment would drop. In future years, the City believed there would be a rather substantial readjustment in the rates being paid. Regarding the third question, Mr. Wood responded that City had made every attempt to work with the industry to minimize the impact on property owners. He added that the assessment district was initially contemplated to go into place when the first landscaping was installed. Harbor Blvd. landscaping was installed on the segment south of Katella about three years ago and the City purposely choose to pay for the maintenance of that segment, Walnut and the early portions of Katella, out of construction funds. Mr. Wood said the City felt that was the fair and appropriate way to minimize the effect on all property owners. He reminded that last year there had been the vote, public meetings and discussions. Regarding technical questions, Mr. Wood said the engineer on record from Willdan and Associates would be able to respond to. Dick Kopecky, Willdan and Associates, explained that prior to Proposition 218 there was the ability to exempt certain properties but since the passage, all properties that benefited, that received a special benefit, must be assessed. He said that the intent of the letter referred to was that that could not be a consideration, even if Willdan and the Council wished to consider it, the engineers could not do it, they must assess all properties based on the special benefit that they received. He added the benefit should be uniformly applied throughout the district and in this particular case, there were vacant properties and they would not benefit and would not be assessed until the properties were actually built upon. He reported that there were also provisions in the district CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 21 report that if businesses were subject to construction in front of their properties for 120 days, they could approach the City and request their assessment to be reduced. Mayor Daly moved to adopt Resolution No. 2000R-113. RESOLUTION NO. 2000-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT IN AND FOR THE ANAHEIM RESORT MAINTENANCE DISTRICT Roll call vote: 5 ayes: Mayor Daly, Council Member McCracken, Council Member Tait, Council Member Kring, Council Member Feldhaus. Noes: none. Motion carried unanimously. C2. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 2000-00376 CODE AMENDMENT NO. 2000-00002 RECLASSIFICATION NO. 2000-00023 AND MITIGATED NEGATIVE DECLARATION REQUEST FOR CITY COUNCIL REVIEW: REQUESTED BY: City of Anaheim (Redevelopment Agency), 201 South Anaheim Boulevard, Suite 1003, Anaheim, CA 92805 LOCATION: Subject area consists of approximately 430 acres located along, and surrounding, Anaheim Boulevard between Broadway to the north and the Santa Ana (I-5) Freeway to the south. General Plan Amendment No. 2000-00376 - A proposed amendment to the Land Use Element of the General Plan to: a) redesignate properties from the General Industrial, General Commercial, Medium Density Residential and Low Density Residential designations to the Low-Medium Density Residential designation; b) redesignate properties from the General Industrial, Business Office/Mixed Use/Industrial, Commercial Professional, Medium Density Residential and Low-Medium Density Residential designations to the General Commercial designation; c) redesignate properties from the General Commercial, Medium Density Residential, and Low Density Residential designations to the Commercial Professional designation; and, d) redesignate properties from the General Commercial and Medium Density Residential designations to the Special Park Site designation. Code Amendment No. 2000-00002 - To amend Title 18 by establishing the South Anaheim Boulevard Commercial Corridor (SABC) Overlay Zone which would serve to: a) permit new land uses in the Overlay Zone area in addition to those allowed under existing zoning; b) establish a design review process for future development projects within the Overlay Zone area; c) adopt, by reference, a Master Plan for public and private landscaped areas; d) restrict establishment of additional locations for off-premises sales of alcoholic beverages, and; e) adopt a sign amortization program which would require the removal of freestanding signs not in conformance with the sign regulations contained within the Anaheim Municipal Code after a 15-year amortization period. CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 22 Reclassi~cation No. 2000-00023 - To reclassify subject area by combining the South Anaheim Boulevard Commercial Corridor (SABC) Overlay Zone with each parcel's existing underlying zoning designation while removing certain properties located north of Katella Avenue, east of the Santa Ana (I-5) Freeway, south of the Southern California Edison Easement and west of the Southern Pacific Railroad right-of-way from the Sports Entertainment (SE) Overlay Zone. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended adoption of General Plan Amendment No. 2000-00376, Exhibit A, to City Council (PC2000-60) (5 yes votes, Commissioners Bostwick and Boydstun abstained). Recommended adoption of Code Amendment No. 2000-00002 to City Council. Reclassification No. 2000-00023 Granted (PC2000-61). Approved Mitigated Negative Declaration. Informational item at the City Council meeting of June 13, 2000, Item B3. Set for public hearing on June 20, 2000, due to General Plan Amendment No. 2000- 00376. City Clerk Schroeder explained there had been a request by staff to continue the public hearing and re-notice for Anaheim City Council meeting of August 8, 2000. Mayor Daly moved to continue the public hearing for General Plan Amendment No. 2000-00376, Code Amendment No. 2000-00002, Reclassification No. 2000-00023 and Mitigated Negative Declaration, seconded by Council Member McCracken. Motion carried unanimously. C3. PUBLIC HEARING - WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 4187 AND NEGATIVE DECLARATION: OWNER: Islamic Institute of Orange County, 1220 North State College Boulevard, Anaheim, CA 92806 AGENT: Dr. Gamal E. Nour, 1221 Nodh Placentia Avenue, Anaheim, CA 92806 LOCATION: 1220-1230 North State Colleqe Boulevard. Property is 1.93 acres located north and east of the northeast corner of Placentia Avenue and State College Boulevard (islamic Institute of Orange County). To permit and construct a church with an accessory private elementary school with waiver of (a) institutional uses adjacent to residential zones, and (b) minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4187 GRANTED (PC2000-51) (6 yes votes, Commissioner Boydstun absent). PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News: June 8, 2000 Mailing to property owners within 300 feet: June 8, 2000 Posting of property: June 7, 2000 Mayor Daly noted he had requested this item be set for hearing due to the two waivers of code requirement and he asked Planning Director Fick to explain how the waivers would work with the surrounding neighborhood. CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 23 Greg Hastings presented a brief staff report, which is a part of these minutes. Mayor Daly asked if there would be landscaping along or adjacent to the easement and Mr. Hastings responded that the easement was right at the property line and there was a substantial amount of landscaping on the interior of the project. Mayor Daly asked why the Council was seeing large gaps between what the Code stated what was needed and what the professional staff concluded. He asked which two facilities would not be operated at the same time and Mr. Hasting answered the prayer hall and the small auditorium. Mayor Daly asked how the City would monitor the use and Mr. Hastings said there was a condition of approval that could be monitored by complaints filed with Code Enforcement. Planning Director Fick said the way the Code was structured when counting parking requirements, it specified a certain number of spaces either per square footage or for certain types of uses and when there is a use that may have multiple uses, staff got a cumulative requirement but the Code, being permissive, does have a provision where traffic or parking studies can be done that justify duel uses of the property. John Lower, Traffic Manager, added that this paralleled often what staff saw in schools, where a school has an auditorium and they have a condition that the two buildings not be used at the same time, so only one building would create a demand for parking. Mayor Daly asked Mr. Lower if that would be monitored easily and Mr. Lower responded that the neighbors would be the first to complain and Code Enforcement would follow up on the complaints. Council Member Feldhaus asked what buffer would be used between the service station. Mr. Hasting informed that he did not recall if there was a separation since the church was the same zone as the service station, there was not a code requirement that there be a separation. Council Member Feldhaus noted that the parking lot backed up to the service station and Mr. Hasting responded yes, there was a landscape area as well as part of the building abutting. He said the outdoor play area was fenced and did not abut the service station. Council Member Feldhaus asked about the southwest corner and Mr. Hasting said the southwest side would be developed with a parking lot utilized for the entire building. Mayor Daly opened the public hearing. Steven Phillips, architect with FTR, noted the Islamic Institute had operated since 1992 and had tried to be good neighbors and had appointed a group to monitor the parking lot and make sure there are no traffic concerns. He said they would be adding an auditorium or community room with a kitchen facility, a school with K through 6 with 95 per- schoolers. He noted that the gas station would have a solid wall off the gas station from the new facility and the play area would be on the other side of the property, away CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 24 from the gas station. Regarding traffic, there would be an island as a buffer, which had substantial trees, and two additional aprons would be added to control traffic, he added. Mayor Daly told Mr. Phillips that the repod stated that landscape plans were in substantial conformance with the Code and he asked if that meant the plans met the objectives of the City. Mr. Hasting responded that was correct, staff needed clarification on some items and that was why it would be coming back as a report and recommendation to the Planning Commission for a final look and he added that they would encourage the mature landscaping be left in place. Gamal Nour, Executive Director of the Islamic Institute of Orange County, said that he was excited about building the school and serving the community. He asked Council to affirm the Planning Commission's approval of the waivers. Hearing no further testimony, Mayor Daly closed the public hearing. Mayor Daly, regarding the parking waiver requested, asked if some reason the property changed hands and another church occupied the site, would the same conditions apply. Mr. Fick responded that that was correct, the conditions run with the land and project. Council Member McCracken expressed her approval that the plans indicate that the school had sufficient parking for their largest part of the facility. Mayor Daly moved to approve the environmental findings, seconded by Council Member Kring, motion carried unanimously. Mayor Daly offered Resolution No. 2000R-114 for adoption. RESOLUTION NO. 2000R~114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 4187. Roll Call vote: 5 ayes: Mayor Daly, Council Member McCracken, Council Member Tait, Council Member Kring, Council Member Feldhaus. Noes: none. Motion carried unanimously. C4. PUBLIC HEARING - CONDITIONAL USE PERMIT NO, 2000-04207 (MASTER CONDITIONAL USE PERMIT NO. 4069) AND NEGATIVE DECLARATION: OWNER: Khoda B. Ostowari, Parvin Soroushian and Irandokht Djahanian, 6263 East Twin Peak Circle, Anaheim, CA 92807 LOCATION: 805 South Harbor Boulevard (formerly 801 South Harbor Boulevard and 510 West South Street). Property is 0.8 acres located at the southwest corner of South Street and Harbor Boulevard. To amend or delete conditions of approval pertaining to the license for the retail sale of beer and wine for off-premises consumption for a previously-approved service station with convenience market and car wash. ACTION TAKEN BY THE PLANNING COMMISSION: CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 25 Approved amendment to conditions of approval for Master CUP NO. 4069; approved an extension of time to obtain an ABC license (to expire 9/30/00); and approved the retail sales of beer and wine for three years from the occupancy of the convenience market (PC2000-56) (4 yes votes, Commissioner Napoles voted no, Commissioners Arnold and Boydstun were absent). Negative Declaration previously approved. Informational item at the meeting of May 23, 2000, Item B6. Letter of appeal submitted by YMCA of Orange County. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News: June 8, 2000 Mailing to property owners within 300 feet: June 8, 2000 Posting of property: June 9, 2000 Mayor Daly clarified that the issue before Council was the approval of the beer and wine permit. Greg Hasting, Planning Department, presented the staff repod, which is made a part of the record. Mayor Daly opened the public hearing. Khoda Ostowari, 6263 East Twin Peak Circle, Anaheim, owner, informed that after the alcoholic beverage control appeal period, new protests against the license was received by Assemblyman Correa's office. He said the Assemblyman's office contacted Sacramento to re-open the protest period and two letters of opposition were accepted. One of the letters was from Ms. Roberta Thompson, Ariahelm School District Superintendent, and he noted he had met with her and the Principal of the Benjamin Franklin School. The second letter was from Dr. Don Garcia, owner of Clinical Medical Center at 896 S. Harbor BIrd. He stated the protestors and Assembly Member's wishes had been fulfilled and the Alcoholic Beverage Control had set a coud hearing so everyone could be heard, He said it would take several months and in order to comply with the CUP, he had to obtain an extension, a six-month extension was granted by the Planning Commission on May 8, 2000. He said some of the same protestors, including Dr. Garoia, had appealed the extension. He said he was asking Council to ratify the extension so that the hearing can be held in front of the judge. Mr. Ostowari asked what criteria YMCA used to appeal alcoholic beverage licenses and he asked why Dr. Garcia did not object earlier. Council Member Kring asked if the extension was approved through September, would Mr. Ostowari have adequate time to get through the hearing process. He noted that time period would be sufficient, he was still waiting for ABC to set the hearing. He added that ABC was waiting to find out Council's action before they set the hearing. Mayor Daly called for anyone to speak in opposition to the project. CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 26 Don Garcia, 896 S. Harbor Blvd., said he had done extensive research with community members to ascertain what had occurred since December of 1998 when a certificate of necessity and convenience was approved for the location. He said many families were unable to attend the meeting to speak about community needs and concerns. He informed that there were currently 14 alcoholic beverage licenses within the census track and the crime rate for 1998 for that census track was 159% above the City average, for 1999, 148% above the City average. He mentioned the schools, churches and hospitals in the area and he noted his concern about what was approved in 1998. He suppoded not approving the beer and wine permit for another year or two, allow the community to heal and allow the neighbors to live with the new mini-mart and new service needs. Council Member McCracken noted that Dr. Garcia's name was on the appeal, but the check paying for the appeal fee came from the YMCA of Orange County and she asked if he represented the YMCA. Dr. Garcia responded that he was not a representative of the YMCA. She asked how he could pay for the appeal with their check if he did not represent them and he answered again that he did not represent YMCA but he was a part of their coalition in regards to looking at the access of beer and wine and liquor in the communities of North Orange County. Audie Contrasus, said he was a community a lead organizer and an alcohol and other drug prevention specialist agent for all of North Orange County cities and that the YMCA was the fiscal agent that held their monies and they were funded by the Orange County Health Care Agency, ADEPT, funded by the state and federal government. He said their job was to work with cities building coalitions and task forces working with community members who call with a problem with a liquor store or a gas station that will sell alcohol in the future. Mayor Daly asked if Mr. Contrasus was an employee of YMCA of Orange County and he responded that it was called YMCA CIAPN, after June 30th it would be taken over by Community Services program, a non-profit agency funded to provide a safe and healthy community. Council Member Tait asked if he was from the YMCA and Mr. Contrasus said the YMCA was the fiscal agent, they were paid by YMCA of Orange County but they were funded by the Orange County Health Care Agency, state and federal. Council Member Tait asked if he was speaking on behalf of YMCA Orange County and Mr. Contrasus said yes, he was an employee of YMCA, an employee of the County, state and federal. Council Member Kring said that it was ultimately taxpayer's money paying for the appeal and Mr. Contrasus responded affirmatively. Mr. Contrasus informed that talking with churches, residents, getting information from Planning Commission, they brought it all together and provided it to the community. He said he did not bring information, he was just going by what residents brought to him as their concerns and he asked Council to think about approval of the license. Council Member Tait asked if it was correct that Mr. Contrasus was not in opposition, he was just asking Council to think about the decision. Mr. Contrasus said he was just present as an advisor for the community that brought him there to assist them. He said he was against alcohol being sold at the gas station. CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 27 Jessica Castro, employed by Orange County Head Stad, said Head Start was opening a facility at Franklin Elementary School, where 102 pre-school children will attend, four year olds walking on Harbor. She felt there were enough alcohol vendors in the area and another was not needed. Amin David, 1585 West Broadway, said Council should look at the land use element and the owner should put the business in Anaheim Hills, there were no alcohol licenses in the area. He said he had no objection to the service station going in, just the sale of beer and wine. He read a letter from Diocese of Orange, Most Reverend Jaime Soto, which is a part of the record. Chris Gonzales, 528 N. Royal Street, stated strong opposition to the sale of alcohol. Francisco Sahand, 1303 W. Lincoln, spoke in opposition to the sale of alcohol and the increase crime in the area. He asked Council to deny all liquor licenses that come to Council. A lady speaking as Administrator of Casa Pacificia Convelsant Hospital, 861 S. Harbor Blvd., and representing the owner, Richard Feingold. She read a letter from Mr. Feingold, which is included in the record. Jim Callison, Chairman of the California Square Neighborhood Association, 601 S. Clementine, said that the project was the wrong use for the wrong site. He said that when a Planning Commissioner was asked why he voted in favor of the project he stated that he voted in favor because no one opposed it and Mr. Callison asked if the Commissioners had a responsibility to the citizens of Anaheim to look at a project and site and determine if it was an appropriate use. He asked if it made sense to have a gas station, car wash, liquor store adjacent to an area of single family residents, churches and schools and hospitals. He asked if there had been a traffic study to determine if it would have an impact on the neighborhood. He said he had a problem with the City's notification process and he asked how a project like this would only require notification of property owners within 300 feet. He said there was no verification that the notifications were made. He said if their neighborhood would have had notification, they would have made it clear that it was the wrong use for this site and he asked Council to deny liquor being sold from the facility and stop construction of the project, bail out the property owner of his financial investment and take over the properly and find an appropriate use for the site and sell it to a responsible developer. He indicated that the church was interested in the property. Brian Stoddard, 600 S. Helena Street, said his home was within 1,000 feet of the site and he worried about loitering, traffic and increased crime and he requested the liquor license be denied. No further comments, Mayor Daly called on the property owner to speak. Khoda Ostowari, owner, said Mr. Garcia only mentioned twice that he was against beer and wine, the problem was that he did not want the project. After January 25th, he said the beer and wine application was the issue. He said the license was a limited beer and wine license. He said the previous liquor store sold pornographic videos and CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 28 magazines, asking why the YMCA did not object then. He said this project was being attacked due to the liquor sales and other liquor stores in the area were not under attack. He said the YMCA paid for the appeal of this project. He said he and his wife were the only people who did something with the property, closing the previous liquor store. He said he personally sent a letter to Casa Pacificia and they knew of the project. He said it had been reported that his project was approved before the 1998 election and he clarified that it was not approved until after the 1998 election. Council Member Tait asked Mr. Ostowari how much he was investing in the project and Mr. Ostowari responded that he purchased the property for $525,000, the loan on the project was $1.46 million, total close to $2 million. Council Member Tait asked if the City had granted the CUP not allowing the beer and wine, would he have brought the property and close the liquor store. He answered no. Council Member Tait asked him, based on the approval he received, he invested $2 million to rebuild the site, take out the old liquor store and sell beer and wine and he answered, correct. Parvin Soroushian, owner, said she wished to speak and City Attorney White said that the Mayor had called for the owner to speak under rebuttal after all the comments and she did not indicate that she wished to speak at that time. Mayor Daly closed the public hearing. Mayor Daly said he had said before, he did not think this was the best land use for the site and he had opposed the project. He indicated that he met with the owner and told him he would oppose the project and he continued to oppose the project and the beer and wine license. He said there were other projects that could have been encouraged to be built on the site. Council Member Kring moved to approve the CEQA Finding, Negative Declaration, seconded by Council Member McCracken. Motion carried by four ayes: Council Member McCracken, Council Member Tait, Council Member Feldhaus, Council Member Kring. Noes, one, Mayor Daly. Council Member Kring moved to approve Resolution No. 2000R-115. Council Member Tait said he appreciated the public input on the item, however, the project had been approved two years ago, based on that, this businessman invested over $2 million in the property, in the community, improved the community based on that promise from the City. He said now for the City to take back that promise, he felt would violate the owners rights and take away his investment of $2 million, He said the choice or alternative was to leave the existing liquor store on the property and it would still be there today. Council Member Feldhaus said prior to this project, there was a 76 gas station on that corner for years and the liquor store was right beside it. He said he did not hear an outcry from people when the 76 station was there and he stated he was surprised at the outcry now. He clarified that the decision before Council this date was to decide if they wished to uphold the Planning Commission's extension of time, this was not approval for the applicant to apply for a license. He explained the owner still had to apply for the CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 29 liquor license and that was why the Planning Commission allowed to September 30, 2000. Council Member Feldhaus asked the police Department if there were 14 liquor establishments in that census track and why didn't people complain before. Randy West, Anaheim Police Department, answered that there were currently 11 existing off sale permits and two of the 11 had been surrendered and would disappear as of October and there was two on sale licenses in the census track that were restaurants. Officer West read the list of current open liquor licenses. Council Member Kring reaffirmed her motion to adopt Resolution No. 2000R-115. RESOLUTION NO. 2000R-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 4069 AND AMENDING RESOLUTION NO. 98R-266 Roll Call vote: 4 ayes: Council Member McCracken, Council Member Tait, Council Member Kring, Council Member Feldhaus. Noes: 1, Mayor Daly. Motion carried. D. REPORT ON CLOSED SESSION ITEMS: City Attorney White stated there were no items to report. At 9:15 P.M., Mayor Daly called for a five minute recess. All Council Members returned to open session at 9:35 P.M. At this time, Mayor Daly returned the meeting to Item A32, a continued public hearing on the Fiscal Year 2000/2001 Budget. He called for any comments regarding the budget and hearing none, he closed the public hearing. Mayor Daly noted that some fee and charge resolutions were approved at the previous meeting, there were some remaining on the agenda, and he called for questions regarding any of the proposed fees. Council Member Tait noted that he had requested the fee resolutions be continued due to his concern that no fee should be increased beyond inflationary adjustments and he had received a memo from staff indicating that there were none. Council Member Feldhaus asked if the New Construction Index By The Engineering News Record was the only guideline for increases in fees. Finance Director Bill Sweeney answered that it was widely used and had been incorporated into the City's ordinances as an example. He said he would supply Council Member Feldhaus if there were other source documents used. Mayor Daly moved for adoption of Resolution Nos. 2000R-116, 117, 118, 119, 120 and 121, seconded by Council Member Feldhaus. CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 30 A32. A. RESOLUTION NO. 2000R-116 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing the amount of the park in-lieu fee and rescinding Resolution No. 99R-116. (Continued from the meeting of June 13, 2000, Item A20G). B. RESOLUTION NO. 2000R-117 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing fees to be charged by the Public Works Department of the City of Anaheim. (Continued from the meeting of June 13, 2000, Item A201). C. RESOLUTION NO. 2000R-118 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting new fee schedules for building and construction. (Continued from the meeting of June 13, 2000, Item A20K#1 ). RESOLUTION NO. 2000R-119 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 the meeting of June 13, 2000, Item A20K#2). D. RESOLUTION NO. 2000R-120 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM revising fees for services rendered by the Fire Department and establishing the effective date of fees. (Continued from the meeting of June 13, 2000, Item A20L). E. RESOLUTION NO. 2000R-121 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a new schedule of sanitation charges. (Continued from the meeting of June 13, 2000, Item A20M). Roll call vote 5 ayes: Mayor Daly, Council Member McCracken, Council Member Tait, Council Member Feldhaus, Council Member Kring. Nays: none. Motion carried unanimously. PROPOSED BUDGET FISCAL YEAR 2000/2001 Mayor Daly noted that the City Manager had submitted some modifications, which reflected Council's previous questions and recommendations. He referred to the list submitted by the City Manager. Mayor Daly asked about the funding level in the proposed budget for the Council Assistants and Mr. Ruth said the funding level was the same as last year. Mayor Daly said the program was adopted mid-year for an eight-month period. Mr. Ruth said the Council policy was $15,000 per Council Member and $75,000 had been budgeted. Mayor Daly recalled starting the program in October or November and the figure was $15,000 per Council Member for the remainder of the fiscal year. Mr. Sweeney said it was his understanding that the allocation would be $75,000 per year, which would be $15,000 per office. CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 31 Assistant City Manager Dave Morgan noted that the Council wanted a program at $15,000 per Assistant per year and staff chose to fund it for a full year even though it was implemented at mid year. Mayor Daly said he recalled the program being $15,000 per Council Member for the remainder of that fiscal year and he asked why those positions would be stagnate when every other position was increased. Mr. Morgan said he thought staff had thought that Council set that as policy direction, that they wanted it not to exceed that number but Council could revisit their policy. Council Member Kring stated she remembered the figure being at $15,000, which kept the hours under 1,000. City Manager Ruth said he would add the consideration of this item to the budget discussions in August and provide copies of the Resolution, which contained the Council policy. Mayor Daly noted the Council section was blank and he asked where the dollar number was in the budget for Council Assistants and Mr. Sweeney said there was a line item in the budget located under department line item detail, department 101 in the labor category, page 1, and the figure was $197,665, which included $75,000 for Council Assistants. Mayor Daly said he wished to talk about the five year plan proposed by the Community Services Department, referring to a memo received the day before, he asked about the timing and funding for some of the projects. Line item 15, various parks, he asked for an explanation. Chris Jarvi, Director of Community Services, answered that each year that amount was set aside to deal with unexpected items with parks, it could be a small study or some concrete, and sometimes it was not spent. Mayor Daly said he saw nothing in the five-year plan regarding the west library. Mr. Jarvi responded that staff's intent was to combine the west Anaheim Community Center project with the library on the Maxwell Park site and augment library uses at the same time. Mayor Daly asked the budget for the downtown Community Center and Mr. Jarvi answered he thought it was about $8 million. Mayor Daly asked if $4.3 million was sufficient to complete a library project as well as the downtown project and Mr. Jarvi answered that staff had not had an opportunity to present the plan to Council. He said staff had identified a building that included a youth center with a gymnasium, general purpose meeting rooms, a senior component which staff would recommend for Brookhurst Community Center because seniors largely used Brookhurst. The Youth Center, staff had not identified a location, was line item 20. He added that staff did not believe that all the units could be accommodated on the Maxwell Park site, it was too small. CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 32 City Manager Ruth reminded that the downtown Community Center had a gymnasium associated with that project. Mayor Daly asked Mr. Jarvi if there was a gymnasium associated with the west Anaheim Community Center and Mr. Jarvi said the gym was number 20. Mr. Jarvi added that there was additional money for Maxwell Park general improvements on line 16, $1.1 million currently in the State budget and the City hoped it would be eventually funded and would help with the physical improvements to the site, including the expansion of the Edison right of way. Mayor Daly asked why it was in the second year rather than the first. Mr. Jarvi said all that was contained in the first year was the planning of the site, the actual architecture and lay out of the site, the actual construction would not take place until the second year. Mayor Daly noted there was nothing budgeted in the first year for Maxwell Park and Mr. Jarvi said if the City was successful in getting the $1.1 million, they would use some of that to augment the design money in line item number 6. Council Member Feldhaus asked what improvements were planned for Maxwell Park and Mr. Jarvi said the farm house would be taken down, parking lot would be expanded, and a skateboard park. Council Member Tait noted that Maag Ranch acquisition was shown in year five of the plan with a footnote that the property may not be available in year five He said staff might want to consider changing priorities to move that time line up. Mr. Jarvi said that was assuming that the entire site fell out of the deal with the existing developer, noting that it was put in the fifth year because they were not sure where it would go. He said that the first year sum total of all projects was $10 million, which would be a trade out if the City acquired the whole site, all of which was a Council decision. Council Member Tait said he would not want to trade for the parks planned in west or central Anaheim, but the funds budgeted for the Hills golf club house could be used for a down payment. Mayor Daly suggested that Council consider moving as many of the projects as they could to the first year, including Maag Ranch. He noted that La Palma Park acquisition and development was spread over five years and he suggested it be completed within the next two years, the same with Maag Ranch, west Anaheim projects in the proposed budget scheduled for the next two years. Council Member Kring mentioned that there was an offer on the Maag Ranch and Mr. Jarvi said that was correct, they had an option until November 20th where they either had to purchase the site or pay substantial renewal fees, which would give them another year. Council Member Kring said she agreed with Mayor Daly about moving the time frames up on the park development, but there were things that Council needed to attend to in the budget. CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 33 Mayor Daly suggested that staff could come back with a report on how to expedite some of the projects and Council Member Tait said he supported that and asked the City Manager to return to Council with a funding plan based on two years. The Mayor asked if it was possible to complete the La Palma Park within two or three years and Mr. Jarvi said it would depend on the willingness of the property owners to sell the property to the City, the acquisition shown in the first year of the five year plan was for the first two phases of acquisition which was all interior properties. He felt that would take about a year and after that design could occur. He said it could be accelerated if the City received the state park bond funds. Mayor Daly asked if there was support from Council to move that project forward in two years and Council Member Tait said he wished to see everything other than the Hills golf club house expedited. Council Member Kring said she felt the Council needed to meet with staff regarding the five-year plan, maybe not all were included in the budget. Mr. Jarvi said some were identified funds that the City knew they were going to get, some were speculative, particularly the community improvement fund monies which may not come on line for three, four or five years. Council Member Kring said that there were "wishes" in the list and Mr. Jarvi said some funding had been identified but there was $67 million worth of projects, $40 in identified funding. She wondered how feasible it would be to put five years worth of plans into two years with a $27 million shortfall. He added that another component was the lack of staff to complete projects, pacing out the projects helped. Mayor Daly said this came back to where the priorities were, adding that he thought the money could be found in the budget and in cash flow to do the projects faster, it was a matter of what the Council wanted to do. Council Member Kring said if there was going to be a wish list, she would like to see curbing, gutters and sidewalks maintained better. Mayor Daly noted that the budget carried reserves or in some cases funds and balances in certain areas, which was done from year to year, and staff reported that the City did not have funds to do more sidewalk repair, or to expedite parks and he said he felt they did. He said if Council did not wish to have projects completed faster than staff recommended, that was a different aspect than could the City afford to do them. Council Member Kring said she would be willing to have staff look at both manpower and financial resources. Council Member Tait noted it would not be easy to find land for parks in the future and it ShOuld be expedited, adding that he would suppod the suggestion to have staff report back. Council Member Kring said she wished to put more money in the budget for more repairs of sidewalks and gutters. Mayor Daly said he would support that also. 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Mou pue sa!l!jo!jd I]u!pje6aj uo!loaJ!p JJe],s 8q:l 8Ae6 I!ounoO foenJqa-I U! ieql pajaqLuaujaj sneqpla-i JaqLua~ i!ounoO lzS :lgVd O00Z: 'OZ: ~tNnr S:l/flNII/! lIONflOg LLIO - I/IIIHVNV 40 A.LIO CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 35 and other improvements at the arena. He suggested that was one place to save $450,000, stating that was less important to the community at this time. He suggested that be delayed. Mayor Daly moved to remove from the budget the improvement funds for the arena, approximately $450,000 and he asked for clarification of the dollar figure. Greg Smith, General Manager, responded that the area improvements had been budgeted at $435,000, at least half was replacement of the scoreboards that did not keep correct time. With a large tournament scheduled for next year, Mr. Smith said the plan was to replace the scoreboards. If the scoreboards were not replaced, something else would have to be done, he said. Council Member Feldhaus asked Mr. Smith if he ran out of money in his allocation for the Convention Center expansion and Mr. Smith said there was an element of his budget, a draw from retained earnings, to fully fund the expansion project. When the bids came in on the last phase, they were more than the estimates. Part of the reason for the draw was that the bid award was higher than what the estimates were and he said he believed that the Council was advised that the Convention Center retained earnings could fund the additional amount of money so now it was being budgeted as part of the last payment made to the contractor. Mayor Daly asked if the retained earnings was the same as the fund balance, was $8.8 million at the end of this fiscal year and it reduces to $3.8 million at the end of the next fiscal year. He wondered if the $5 million was going to pay for the overage and Mr. Smith responded yes. Mr. Smith added that part of the retained earnings that were remaining were restricted cash, the amount of money that was held in the Hilton Hotel Parking Fund dedicated by agreement for the ultimate replacement of the parking garage at the Hilton Hotel. Council Member Kring wished to clarify the Mayor's motion as being to take the $450,000 that was earmarked to upgrade the arena and take it out of the Convention Center budget. Mayor Daly added that it could be revisited in six months or a year. Council Member Kring said she could not go along with that, the arena was an asset to the community, there were basketball tournaments scheduled and they needed scoreboards. Mayor Daly asked Mr. Smith what he estimated to spend the year after next in arena improvements and Mr. Smith said no number had been budgeted and Mayor Daly said he read in the newspaper $4 or $5 million. Regarding a question from Council Member Tait pertaining to the budgeted item for a new scoreboard for the arena, Greg Smith responded that it had not been bid but staff estimated the cost to be around $225,000. Council Member Tait asked if the current scoreboard worked and Mr. Smith said it did not keep appropriate time and pads could not be purchased to repair it. Council Member Tait said he would rather see the existing board repaired. CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 36 Council Member McCracken noted the Charter required the budget to be approved by the end of June and there would be an August review and revision and if there were any funds at time, staff could be directed to look for additional sources for those items. Mayor Daly moved to hold the $435,000 until August when the budget was revisited, seconded by Council Member Kring. Motion carried unanimously. Regarding funds from the Orange County bankruptcy settlement, Mayor Daly suggested that the funds earmarked for General Plan updates, including the funds set aside for two years out, be spent on capital projects and it be held until the August discussion. Finance Director Sweeney asked if his desire was to appropriate the first year and hold the remainder or hold the entire $2 million. Mayor Daly moved to recommend appropriating the first $400,000 increment and the remainder go to the August discussion, seconded by Council Member Tait. Mayor Daly clarified that it was $1.6 million of the $2 million that would be held until the August meeting. Council Member McCracken reminded Council that the update of the General Plan was a priority given to staff last January. Mayor Daly said he thought there were other ways to fund the updates. Motion carried unanimously. Mr. Sweeney said in August, staff would inform Council as to what happened with the appropriations and revenues for the current fiscal year, let Council know if there were any surplus funds, and let them know if they needed to make any changes in appropriations. He said it would be expanded to discuss the reserve policies and balances in accounts. He said he would list the reserve accounts, total in the accounts, policies and options. Item 5, island median rehabilitation, Mayor Daly asked for more information and Chris Jarvi, Community Services Director responded that was bankruptcy money set aside to deal with priorities on City medians that needed rehabilitation. Mayor Daly asked if there were any other median landscape items in the proposed budget and Mr. Jarvi said he did not believe so. Mayor Daly asked if there was any other capital money for landscape medians in the proposed budget. Gary Johnson, City Engineer, indicated no. Mayor Daly said he wished to go on record as wanting to find more money for landscape medians outside the resort area. Council Member Tait said he agreed, he noted surrounding cities had beautiful grass landscaped medians. Mayor Daly said he wished to add west Anaheim library as a line item and he asked when the studies regarding the status of library services in west Anaheim would be completed. Mr. Jarvi said they were very close to being finished with the west Anaheim Community Center Study but it did not address a library, only appurtenant uses in the adjacent Community Center. He said their priority was central library and a study was almost finished that would be presented for central library. CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 37 Mayor Daly moved to add to the five-year plan, a line item for west Anaheim library and he asked staff to present plans and thoughts in August about modifying or replacing, Council Member McCracken seconded the motion. Motion carried unanimously. Council Member Kring moved to have staff propose funds in August for sidewalks, gutters and curbs, seconded by Mayor Daly. Motion carried unanimously. Mayor Daly explained that he wished staff to report back on the Anaheim Resort Area spending plan, $6 million in reserves or retained earnings and it was projected to be the same in 2000/2001. Council Member Tait said as Council voted on the budget, he wished to clarify that he would vote against the $6.2 million budgeted for the Anaheim Hills golf club house, adding he would rather see the funds used for parks. He moved to hold the decision on the $6.2 million expenditure until the August meeting, seconded by Mayor Daly. Council Member McCracken said it was continued to next meeting, July 11, 2000. Mayor Daly asked Council to vote on Council Member Tait's motion first, to hold the decision on the $6.2 million expenditure until the August meeting. Three ayes: Mayor Daly, Council Member Feldhaus, Council Member Tait. Two noes: Council Member McCracken, Council Member Kring. Motion carried. Mayor Daly moved to approve the remainder of the fiscal year 2000/2001 budget, seconded by Council Member Kring. Motion carried unanimously. Regarding Item A30, various resolutions pertaining to changes in management compensation, Council Member Tait moved to continue to the next meeting, seconded by Mayor Daly. Council Member Tait again said he thought this was a 10% across the board increase in compensation for management, ongoing cost of $2 million a year, adding that he did not care for across the board increases. City Manager Ruth explained that it was not a 10% across the board raise. The structure change was not funded, the 31/2% funded July I was funded out of the PERS assets and the second year funding was also out of PERS assets, an ongoing cost of $2 million which would be funded out of the surplus fund for at least 16 years and more likely 30 years. He said there was no hit on the general fund of the City. Council Member Kring clarified that the only funds coming from the general fund was the $150,000 for performance awards plus the $144,000 for one-time adjustments. City Manager Ruth explained that it was really about $290,000, most of which was in public service, and that funding was absorbed in the operational budgets and in the current budget. He noted that staff followed Council instruction to look at the classification and compensation plan, which had not been reviewed in 10 years, an outside consultant who was an exped in the area was hired. The consultant recognized the City was having a turn over problem, had fallen behind in the market, was having a CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 38 recruitment and retention problem and he felt his series of recommendations would position the City to be more competitive in the market, to recognize some of the short fall, inequity problems, and compaction problems. Mr. Ruth said he thought only 40 positions out of 250 were being adjusted. He added that a very creative, very innovative, dynamic management staff generated a lot of the revenue being talked about this date. City Manger Ruth said this was a performance based plan, as Council Member Tait said he would support, the adjustments were not automatic, employees were adjusted based on their performance. Mayor Daly asked if the 3% structural increase was an across the board increase. Human Resources Director, David Hill, explained the salary range would be changed but the actual pay for management employees would not until their anniversary date where they would be eligible for a merit increase and on that date there would be a determination whether or not they should be given an increase. He said there was no funded; across the board 3% pay increase, only the salary range was adjusted 3%. He said that allowed for a slightly higher range for recruitment purposes and it also allowed the City to retain the employees because they know if they perform, they would be able to move through their salary range. Council Member Tait asked if there was an across the board adjustment of categories, ranges. Mr. Hill responded yes, the whole structure was being moved at one time, but it was not funded. The $290,000 paid for increasing the merit pool slightly from the old merit pool, which gave employees an opportunity from 1% to 5%, now being increased from 1% to a maximum of 7% for those in the exceptional performance category. The other increase cost was for the 40 occupations, which were employees that were found to be at least 10% below the current labor market, and those 40 were being given a 5% special equity adjustment. Council Member Tait said he would vote no. Mayor Daly said he had not heard a convincing argument from the consultant. He said the pay range for every management employee was being raised by 3% and even though there was no immediate funding tied to that, funding would kick in over a period of years as jobs were vacated, the new employee would be hired in the new salary range. Dave Hill answered that was one of the costs; the consultant recommended the City review and adjust salary ranges annually. As the consultant found, by not doing that, over the last 10 years it had produced slippage in terms of the City's position in the labor market. Mayor Daly asked for an example of where a high range for a management employee was too low. Mr. Hill said the consultant found that management salaries, across all industries, were moving at a 3% to 4% annual rate and in order for the City to remain competitive, the ranges should be adjusted. Mayor Daly said the consultant did not present that information to Council. He added that he was troubled with the $110 million in CAL PERS and that the Council could not spend the money on something else. He said it could be spent on something else if the City put irs mind to it, adding that the consultant talked like that money was gone. He said he would favor some of the CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 39 proposed resolutions, but not all of them. The recommendation of having a 15% supervisory range, he said he did not buy it. He wished to see facts and evidence that the City was having trouble recruiting quality candidates. Council Member Kring remembered a candidate in the Utility Department that was lost to another organization because of salary and benefits. She said staff should add the PERS super fund to the list of legislative priorities. Motion to continue Item A30 for two weeks failed with a vote of two ayes: Mayor Daly and Council Member Tait. Three noes: Council Member McCracken, Council Member Feldhaus and Council Member Kring. Council Member Kring moved to approve Item A30, seconded by Council Member Feldhaus. RESOLUTION NO. 2000R-122 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adjusting rates of compensation for classifications designated as Executive Management and superseding Resolution No. 92R-19 and amendments thereto. RESOLUTION NO. 2000R-123 RESOLUTIN OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adjusting rates of compensation for classifications designated as Administrative Management and superseding Resolution No.92R-22 and amendments thereto. RESOLUTION NO. 2000R-124 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adjusting rates of compensation for classifications designated as Middle Management and superseding Resolution No. 92R-21 and amendments thereto. RESOLUTION NO. 2000R-125 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adjusting rates of compensation for classifications designated as Professional and superseding Resolution No. 92R-18 and amendments thereto. RESOLULTION NO. 2000R-126 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adjusting rates of compensation for classifications designed as Supervisory and superseding Resolution No. 92R-20 and amendments thereto. RESOLULTION NO. 2000R-127 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 92R-17 adopting Personnel Rules applicable to employees in Management, Confidential and Non-Represented part time classifications. RESOLUTION NO. 2000R-128 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing rates of compensation for job classifications designated as Police Safety Management. RESOLUTION NO. 2000R-129 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing rates of compensation for job classifications designated as Fire Safety Management. CITY OF ANAHEIM - CITY COUNCIL MINUTES JUNE 20, 2000 PAGE 40 RESOLUTION NO. 2000R-130 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing new management compensation policies for Executive, Administrative, Middle Management, Supervisory and Professional employees including Fire and Police Safety Management and superseding Resolution No. 94R-150 and amendments thereto. RESOLUTION NO. 2000R-131 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing PERS employer paid member contributions for Management employees. Roll call on the motion to approve Resolution Nos. 2000R-122, 123, 124, 125, 126, 127, 128, 129, 130, and 131. Three ayes: Council Member McCracken, Council Member Feldhaus, Council Member Kring. Two noes: Council Member Tait, Mayor Daly. Motion carried. COUNCIL COMMUNICATIONS: Council Member Tait congratulated the Salvation Army for the ground breaking of the Women's Adult Rehabilitation Center and he wished them the best of luck. Council Member McCracken mentioned the various 4th of July celebrations throughout the community. ADJOURNMENT: By general consent of Council, the meeting was adjourned at 11:25 P.M. Next regularly scheduled Anaheim City Council Meeting is July 11, 2000. Respectfully submitted: Sheryll Schroeder, CMC/AAE City Clerk