Loading...
1997/07/22ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES JULY 22, 1997 The City Council of the City of Anaheim met in regular session. PRESENT: PRESENT: ABSENT: PRESENT: MAYOR: Tom Daly COUNCIL MEMBERS: Shirley McCracken, Tom Tait, Bob Zemel, Lou Lopez COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann M. Sauvageau COMMUNITY DEVELOPMENT DIRECTOR: Lisa Stipkovich PUBLIC WORKS DIRECTOR/CITY ENGINEER: Gary Johnson COMMUNITY SERVICES DIRECTOR: Chris Jarvi HUMAN RESOURCES/LABOR RELATIONS DIRECTOR: Dave Hill PLANNING DIRECTOR: Joel Fick POLICE INVESTIGATOR: Tom Engle TRANSPORTATION PROGRAM PLANNER: Diana Kotler A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:55 p.m. on July 18, 1997 at the City Hall Kiosk, containing all items as shown herein. Mayor Daly called the workshop portion of the meeting of July 22, 1997 to order and welcomed those in attendance. City Manager, James Ruth. It is a pleasure to bring forward today a workshop on Historic Preservation. Lisa Stipkovich, Executive Director of Community Development will introduce the consultant who has done a great deal of work on this issue and also community leaders who have helped bring this forward. 161: HISTORIC PRESERVATION: Lisa Stipkovich, Executive Director of Community Development. The subject of today's workshop is Historic Preservation and the possibility of creating an historic district in downtown. An Historic Preservation Committee has been formed from the Community Development Advisory Board (CDAB) consisting of 14 official members of the Committee as well as many other people who are interested residents and others who have been participants along with the community in analyzing and looking at historic preservation issues. For over 1 1/2 years, staff has been working with the Committee and Planning Department as well as other departments to look at previous data collected in 1983 and updating that data and survey. She explained some of the work that had been done. The Committee is recommending and would like to move forward to create a district that is the original town of Anaheim depicted on the map presented. The committee would also like the Council to consider the name -- Anaheim Colony District -- the original name of the town founded in 1857. She introduced Christi McAvoy, Consultant, Historic Resources Group to make a presentation. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 22, 1997 Christie McAvoy, Consultant, Historic Resources Group. Relative to determining what kind of district is best and how to show off Anaheim's rich heritage, she will go through the features about what an Historic District could be in the City. (Ms. McAvoy's presententation, supplemented by slides, briefed and elaborated upon the material contained in the packet submitted to the Council under Memorandum dated July 22, 1997 from Mrs. Stipkovich -- Subject: Historic Preservation -- Architectural Styles (slides shown of historic homes/styles in the City), Benefits and Concerns of Historic District, Next Steps). The packet also contained maps showing the inventory of historic structures, preservation categories, Redevelopment: new and preservation projects, homeowners loans in proposed Historic District. She noted that the benefits of an Historic Disctrict are -- builds community pride, encourages quality infill design, protects human-scale environment, protects investments, enhances property values, catalyst for private investment, attracts new businesses and attracts tourism. Some concerns are - more government control, additional maintenance costs, and red tape. Several studies have indicated that technical assistance from staff actually reduces maintenance costs for people with issues of older homes. Costs are actually decreased by educating the people who own the homes how to maintain them. The enhancement of property values in an Historic District is beginning to be quantified and documented in a series of unique studies throughout the United States. They generate tourist dollars as well as dollars from the people who live there. In concluding her presentation, Ms. McAvoy stated that the next steps are educating the public about the benefits of preservation, target the use of rehabilitation funds, and considering voluntary guidelines. Those are the three steps the Council might consider. She then introduced the Chairman of the Historic Preservation Committee. Mitch Caldwell, Chairman, Anaheim Historic Committee. The Committee is an outgrowth of the CDAB. He first recognized the people on the Committee who were present in the Council Chamber today (there were about 12 members). He gave the reasons why he is involved, what he sees as the goals and how they got to this point. During his presentation, he emphasized that the main goal and that of his neighbors is not necessarily historic preservation, but neighborhood preservation. For too long, the older homes have been a liability and they are going to try to turn those into an asset. They are not going to try to institute laws, rules and regulations to force people to do certain things to their property. It is entirely voluntary, primarily educational, and it is an honor. It is necessary to recognize they do have a whole area of downtown where they need to make some effort to save and preserve it. It is geared to neighborhood preservation. It just happens to be a place where there are a lot of old structures. He can see the same type of thing being done in West Anaheim but maybe with a different look. It could not be historic; it would be necessary to find another interesting way to preserve those neighborhoods. Before introducing another member of the Committee, Mr. Caldwell answered questions posed by Council Member Zemel relative to how and why the City should be involved. Gale Eastman, Historic Preservation Committee Member. She is representing the rest of the members of the Committee who have worked as volunteers for the last 1 1/2 years. As volunteers, they have put in a lot of time not only in meetings, but also in the survey process which she explained. She believes that a majority of the people who are present today are in support of the effort. (Approximately 50 people indicated their support.) The whole idea of preserving the history of Anaheim and making it a family environment is appealing. Designating the area proposed as an Historic District will help them to move forward. The cities she likes to visit most are those that have done the same thing. Mayor Daly. The presentation is a great summary of the potential for an Historic District for the original founders of the City and has great potential for the future. One of the questions he has is their thoughts about identifying the area, i.e., the north, south, east and west boundaries (North Street, South Street, East Street and West Street). He asked what type of monumentation they have in mind. Lisa Stipkovich. The Block Grant Funds they are using for this project can be used for monumentation signage most appropriate when entering North, South, East and West Streets from the major arterials -- Lincoln and West, North and Anaheim Boulevard, East and Lincoln and South, or South and Harbor or perhaps one at each, and Anaheim Boulevard. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 22, 1997 Christie McAvoy. Responding to Council Member Zemel's question as to why the City should be in the arrangement, in her work with other cities in California and across the nation, cities were always critical as a facilitator. In order to take it to the next step and fit in with the planning of the City, the City can become a crucial partner in the facilitation and exchange of information. Many neighborhood preservation districts start with voluntary activities and then usually grow into larger districts; Council Member Zemel was concerned relative to regulations or property rights restrictions that might be proposed. Lisa Stipkovich. The issue of regulations is jumping ahead. They have been working with the community on the concept of creating, first, just a district, the boundaries, and identifying it. The next step, if the Council wants them to proceed, staff would initiate an ordinance or resolution to create boundaries. The next step would be to look at voluntary guidelines. There will be discussions not only with the community, but also with the Council, Planning Commission and other people. All they are asking for at this time is relative to the concept, whether the district and boundaries should be pursued and, only if approved, start talking about whether there should be voluntary guidelines which they believe is appropriate. Council Member McCracken. It is a great idea to identify where the original City started and the kinds of things that brought the community together. She believes it can be beneficial for the City as well as a tourist attraction. She asked if the committee would still exist and continue to come up with recommendations, guidelines and suggestions for residences and businesses in order to restore this image rather than having it fade away. Lisa Stipkovich. If the Council wants them to proceed in forming a district, the next step would be to work on voluntary guidelines. They would like to have the committee, as a task force, be continued until the guidelines are brought back. Once guidelines are established, they would still work with the community and the neighborhoods. There was additional discussion on the issues and questions which were posed by the Council. At the conclusion, Council Member Tait asked that he be provided with copies of the studies done regarding benefits of historic districts to cities; Council Member Zemel stated he wants to be sure if they are going to proceed, that everybody in the area be informed it is going to be designated as an Historic District. Lisa Stipkovich. The next step would be to have more community meetings and dialogue. They are looking for direction today and simply for the Council to tell them whether they should proceed down this path or not. The plan was to go back and inform as much of the community as possible. Staff will also get statistics for the Council on land uses since there are a number of industrial uses in the area as well and also exact parcel numbers and how many residents in the area. Mayor Daly asked staff to clarify if they will be bringing something formal to the agenda; Mrs. Stipkovich. If they feel the Council is amenable to the concept, they will create the boundaries, work through the community, take it to the Planning Commission and back to City Council. They will first hold community meetings and have a general dialogue on the first step of designating the area and talking about the voluntary guidelines that might happen in the future. Mayor Daly. He will look for staff to bring the necessary paperwork back to the Council so they can launch the process. The creation of an Historic District can be a benefit to Anaheim. The three benefits that he believes are key -- it will build community pride, improve property values, and attract new businesses to the original downtown area. He asked if something will be back to them in a few weeks. Lisa Stipkovich. It will probably be a couple of weeks when they will give Council the information promised today as well as where they are headed with the next steps. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 22, 1997 Mayor Daly. He thanked everyone involved in bringing this forward and appreciates the work that has gone into it. It has been very well thought out. There is a great deal of history downtown that needs to be brought out and highlighted. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there were no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Closed Session items. The following items are to be considered at the Closed Session. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existing Litigation: Name of case: Delmonico, et al. v. City of Anaheim, et al. (and 18 related cases) Orange County Superior Court Case No. 70-80-71. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8: Property: 806 North Brookhurst Street Negotiating parties: Anaheim Redevelopment Agency and Home Depot, Mr. Yong Ung Kim, Brookhurst Motor, Inc. Under negotiation: Price and terms. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existing Litigation: Name of case: State of California, et al. ex tel. Patrick Stull v. Bank of America NT & SA etc., et al., San Francisco Superior Court Case No. 96-84-84. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existing Litigation: Name of case: In re Baldwin Building Contractors, U.S. Bankruptcy Court, Central District Case No. ND 95-013057RR. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existing Litigation: Name of case: City of Anaheim v. State of California, et al., Orange County Superior Court Case No. 77-98-61. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: Southwest corner of Broadway and South Anaheim Boulevard Negotiating parties: Anaheim Redevelopment Agency and Koll Company Under negotiation: Price and terms. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 22, 1997 CONFERENCE WITH LABOR NEGOTIATOR: Agency negotiator: Dave Hill Employee organizations: All unions By general consent, the Council recessed into Closed Session. (4:02 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:17 p.m.) INVOCATION: Pastor Daniel Gutierrez, American Indian Bible Institute, gave the invocation. FLAG SALUTE: Mayor Pro Tern Lou Lopez led the assembly in the Pledge of Allegiance to the Flag. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council recognizing the Canyon Comanches on winning the 1997 CIF Southern Section Division III Baseball Title. Mr. Mike Najera, Head Coach, accepted the Declaration on behalf of his Assistant Coaches and the team players. They had a very exciting season and were rated No. 1 in the nation by USA Today. They finished with a 25-6 record. Not only did they win this year, but also in 1996 for back-to-back Championships. He then introduced members of the team who were present. Mayor Daly and Council Members personally congratulated Coach Najera and the team members and highly commended them on their repeat CIF Title. RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: 1. DECLARATION recognizing El Dorado College on the graduation of their 10,000th student. FINANCIAL DEMANDS AGAINST THE CITY in the amount of 4,904,403.72 for the period ending July 18, 1997, in accordance with the 1997-98 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:30 p.m.) ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 22, 1997 Mayor Daly reconvened the City Council Meeting ( 5:33 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Seferino Garcia, representing Solivar, a non-profit organization in Anaheim for over 40 years. He has three concerns as follows: (1) about 2 1/2 years ago, they asked the Neighborhood Councils to establish an area in West Anaheim to be a part of the Citron Council. A survey was done but the City lost the survey. Another was to be done but they have heard nothing from the CDBG Board or City staff. He is asking that they help in setting up a committee to get to the bottom of the survey. (2) For the last five years, he has been trying to develop a community center and park on the corner of Walnut and Santa Ana Street and asking that it be named for Richard Ornales who has been active in the community for over 40 years. Also, the center should have a gymnasium as he urged many times. He asked to have a committee set up to see what is feasible for that site. (3) The last issue involves the South Anaheim Neighborhood Council (SANC) elections. He heard from Francisco Ceja, who wanted to run for a position on that Council, that a staff member said he (Ceja) did not attend enough meetings to be a candidate. They have worked a number of years with City Council Members to work on the community participation plan in the City of Anaheim which is now one of the best. He is concerned to hear that Mr. Ceja did not qualify because of the meetings. The schedule was changed this time around. Elections were held in July. Normally they are held in September so he (Ceja) was short-changed two meetings. Mayor Daly. They will ask staff to give the background regarding the Neighborhood Council election process. Kimberly Smith, 2557 W. Glen Haven, Anaheim. She is speaking on behalf of the Eclipse Softball Team. (Also see letter dated July 17, 1997 which explained the team's concern and request in detail - made a part of the record). The Eclipse Team, part of the West Anaheim Little League (WALL) won the League Title and advanced to play in the Tournament of Champions (TOC) on June 21, 1997. She explained, as did the letter, how because the time of the game was changed without proper notification, Eclipse was unable to field their team for the newly scheduled time and, therefore, were unable to play in the TOC game. "We believe since the Eclipse team won the WALL League, we should have had the chance to win the championship and we were treated unfairly. We were not given the recognition that we deserve." She is asking the Council to intervene for them so that the girls have some type of recognition and perhaps an apology is in order (from the League). Eclipse worked for the championship, they won it, and should be recognized as the champions. Mayor Daly. The City provides the fields but operation of the Softball Leagues is strictly private, run by the parents of the players and volunteers. He will ask staff to check into the situation but at this time, there is not much City government can do regarding the internal operation of the Little League; Ms. Smith stated she understands but feels as a community their girls were slighted and they should have some recognition since they are the champions of the WALL. Mayor Daly. The letter received signed by the team was very thorough and laid out all the details. It sounds like there was a serious misunderstanding. There may be a way the City can compensate in some way. The situation that occurred was unfortunate. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 22, 1997 Jessica Castro, United Neighborhoods. They came to the Council on July 15, 1997 to voice concerns regarding fraud, manipulation of records and statistics, and failing to meet Federal guidelines relative to the distribution of food as well as other issues (see minutes of July 15, 1997). The concerns are not new. They take these matters very seriously. She thanked the Council for launching the investigation requested, but that is just the beginning. All staff members must be held accountable and code-of- silence behavior stopped. She urged them not to ignore the community but respond in good faith and show that they care about the concerns in the community. Josie Montoya, 221 Coffman Avenue, Anaheim. They are appreciative of the fact that an investigation has been started and that Norm Traub was hired to look into the matters reported. Last week, they expressed concern that the evidence not be tampered with and suggested community center staff be relocated and steps taken to preserve the evidence. She stated that nothing was done and then explained what has occurred in this regard and what she had done to try to rectify the situation. Tonight they submitted a sealed envelope for the investigator. Inside are the names of people willing to speak to the investigator that live in the subject community and are suffering the consequences of the negative actions that are taking place. She urged them to not only continue the investigation, but also make the results known to the public and to initiate an audit. Mayor Daly. Under the City Charter, the matters brought forward are to be managed by the City Manager. The City Council shall not interfere with the administrative details of City government. Personnel matters, the issues brought up about computers that may or may not have been delivered to the Community Center or who used them, etc., are all personnel matters and are under the purview of the City Manager who is investigating the allegations. That is all that can be done at this time. He is the professional administrator of the City and reports to the Council with his findings. Until his report is completed, he feels there is no point hashing this out publicly. The request is for an ongoing public disclosure of an investigation and that is not the way the City does business. Carla Rodriguez, 1773 W. Sumac, Anaheim. Her concern is when she heard Chris Jarvi say he did not know of any of the problems that were reported, because four ladies went in and talked to him about the food distribution situation over there (at the Jeffrey-Lynne Center). She explained the concerns relative to the food distribution issue. She is asking that something be done and that the people working there (who she named) should be removed because it is not suitable that they continue working at the center. Oscar Picaso, 1607 S. Michelle Drive, Anaheim. He has been a member of SANC for many years and has held office on that Council in several capacities. He asked that Mr. Ruth investigate what is going on. They will be thankful to him and whoever does the investigation because several things are not right. Mr. Jarvi does not want to hear from them. He talked to Mr. Jarvi several months ago about some irregularities that were going on which were ultimately discussed at a meeting held September 30, 1993 and minutes are available. Nothing has been done since that time. He relayed incidents which were of concern to him and asked that something be done. Francisco Ceja, 1303 W. Lynne Avenue, Anaheim. He read and subsequently submitted a two-page letter dated July 21, 1997 from United Neighborhoods to the Mayor, Council Members and City Manager. (Letter made a part of the record). The letter stated, "There is a longstanding concern in regards to allegations of violations in the South Anaheim Neighborhood Council, CDBG election process. The community members have brought these concerns to your attention in the past." The balance of the letter addressed the concerns in more detail, i.e., four specific concerns were listed as well as allegations relative to City employees being involved in improprieties relative to the election. Mr. Ceja requested, "Due to these above mentioned observations and allegations, we are requesting that you void the July 14 election and take the necessary steps to limit staff participation to their appropriate roles." He requested a response within seven days. Mayor Daly. They will be asking the City Manager to report back on any pertinent details regarding the election process. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 22, 1997 Dennis Gonzalez, 903 S. Paula Lane, Anaheim. He was an employee of the City and had worked at the Anaheim Boxing Club. It seems every time something was brought up, it was covered up. As an employee, they said he had to go through the chain of command. He did and every time it came back to him and retaliated on him. Mayor Daly. There are procedures in the City dealing with personnel matters. The City Council is prevented by law from handling such matters. He asked Mr. Gonzalez what exactly he is requesting. Dennis Gonzalez. He would like everything that has happened with them to be involved with the other investigation because, as he understands it, it has to do with the same thing. Nothing is getting done when people complain. There were serious allegations brought up at a meeting about a month ago and nothing came of them. One of the allegations was an assault in a sexual manner by a City employee. What he understands, all that was said, there was no evidence. Today, he brought the people it happened to and there was evidence. It was brought into the meeting they had with the City employee(s) which he named. Nothing came of it. He has the kids here now to tell what happened. Mayor Daly. If he has any evidence of wrong doing in the personnel process or evidence of a crime, there are procedures to follow. There is the Police Department and there are personnel procedures that culminate in the City Manager's Office. Council Member Zemel. He (Gonzalez) is alleging sexual assault. He asked if a Police Report was filed, which should have been filed immediately; Mr. Gonzalez answered no. Council Member Zemel. If there was a victim of sexual assault, it should be reported immediately. A crime is a crime and it needs to be reported. Carla Rodriguez. These are all complaints about the same staff that has been abusing the communities. They do not need those kind of people and behavior in their neighborhoods. She then named three of the people. If it is in their hands, she asked that they do something about it. Mayor Daly. He asked the City Manager, for future meetings, if citizens continue to operate under the mistaken belief that the City Council directs personnel policy, he said three times, it is illegal for the Council to do that. He asked the City Manager to bring a copy of the City's standard personnel procedure that lays out hiring and firing and disciplinary procedures and how, if City employees feel they are being mistreated, what steps are to be taken. There is clearly an information gap in some quarters. Someone's expectations either do not fit reality or they do not know there are laws they operate by. The personnel process leads straight to the City Manager. Perhaps some background paper work will be helpful. PUBLIC COMMENTS - AGENDA ITEMS: There were no public comments on City Council Agenda items. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of July 22, 1997. Council Member Tait seconded the motion. MOTION CARRIED. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 22, 1997 CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded by Council Member Tait, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Mayor Daly offered Resolutions Nos. 97R-139 through 97R-143, both inclusive, for adoption. Mayor Daly offered Ordinance No. 5608 for adoption. Refer to Resolution/Ordinance Book. Al. 118: Rejecting and denying certain claims filed against the City. Referred to Risk Management. The following claims were filed against the City and actions taken as recommended: a. Claim submitted by Daryan Brewster Davis and Marie Marie Ethel Davis c/o Diane B. Newsom, Esq. for bodily injury and property damage sustained purportedly due to actions of the City on or about December 26, 1996. b. Claim submitted by Alfred Montgomery c/o Victor L. George, Esq. for bodily injury sustained purportedly due to actions of the City on or about January 22, 1997. c. Claim submitted by Susan Morgan c/o Christian W. Wilbert, Esq. for bodily injury sustained purportedly due to actions of the City on or about January 1, 1997. A2. 105: Receiving and filing minutes of the Mother Colony House Advisory Board meeting held May 2, 1997. 128: Receiving and filing the Monthly Financial Analysis presented by the Finance Director for eleven months ended May 31, 1997. 112: Receiving and filing the Supplemental Law Enforcement Services Funds (SLESF) Report for the month of June, 1997, as submitted by the City Treasurer. 117: Receiving and filing the Investment Portfolio Report Executive Summary for the quarter ending June, 1997, as submitted by the City Treasurer. A3. 175: Approving Contract Change Order No. 1, on the contract for relocation of a portion of electrical system due to Caltrans I-5 construction, in an amount not to exceed $58,000 in favor of Pouk & Steinle, Inc.; and authorizing the Director of Public Works to execute Contract Change Order No. 1. A4. 123: To consider an Amendment to Agreement with Western Transit Systems for $41,000 to provide Metrolink rail feeder service from the Anaheim Stadium Amtrak/Metrolink Station to the Anaheim Resort and Downtown areas. Council Member Tait. He is surprised the City is in the business at all of providing a shuttle service and believes this falls in the purview of the Orange County Transportation Authority (OCTA). He asked for background information. Gary Johnson, Public Works Director and City Engineer. Diana Kotler, who runs the program is also present. It is a service the City provides as a startup service through Air Quality Management District grant funds. As the Metrolink service was expanded and just completed, with the additional service, they needed to find a way to get people from the Metrolink station to businesses in Anaheim. They are trying to work with OCTA so they can ultimately hand it over to them. Because of the bankruptcy and for other reasons, OCTA was not willing to provide the service. He emphasized they are trying to get out of the business because it is the business of OCTA. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 22, 1997 Mayor Daly. As a Board Member, the issue does come up frequently at OCTA. There are about 14 or 15 communities around the various train stations from San Clemente to Fullerton. Those communities would all like OCTA to fund the shuttle service to the train station. There is a history of the OCTA not funding shuttle service but instead trying to provide as much bus service on the major lines. There is nothing to say that will not change in the future. He believes it is generally because the ridership is so inconsistent from station to station. How much shuttle service is needed becomes a cumbersome and expensive process. It is mainly a shortage of money and because OCTA chooses to spend its money elsewhere. Perhaps he could work with Mr. Johnson to get more background information from OCTA. Council Member Tait suggested that there be a continuance of two weeks; Gary Johnson. A continuance would not create a problem. Council Member Zemel. He notes that there are 50 to 60 riders a day according to the report. He asked if the $41,000 is an annual fee. He also asked if they had determined a per passenger cost. Gary Johnson. It covers a 12-month period; Diana Kotler, Transportation Programs Manager. They try to establish the cost per passenger to provide the service which depends on the number of vehicles needed. They also get reimbursed through Metrolink for the passengers on board. There is a variety of issues involved in computing the cost. The Metrolink reimbursement is $1.00 per passenger per day. It will be offset but it does not cover the entire cost of the contract. Council Member Zemel posed additional questions which were answered by both Ms. Kotler and Mr. Johnson during which Mr. Johnson explained there is a threshold where if they achieve a certain ridership, OCTA will add the service and they are very close to that. They are hopeful that the next service change after this contract, OCTA will take over. He is not sure that any transit service is operating without some type of subsidy. This is not full-cost recovery and realistically they cannot expect that it should be. MOTION. Council Member Zemel moved to continue this item for two weeks and that additional information be provided as requested and discussed. Council member Tait seconded the motion. MOTION CARRIED. A5. A6. A7. A8. 123: Authorizing the Mayor and City Clerk to execute an Agreement with Kimley-Horn and Associates, in an amount not to exceed $425,000 to prepare a Decision Support System for operation of the SR-91/La Palma Avenue Smart Corridor. 169: RESOLUTION NO. 97R-139: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO ALLOCATE COMBINED TRANSPORTATION PROGRAM FUNDS IN THE AMOUNT OF $34,200 FOR STATE COLLEGE BOULEVARD AT THE SR-91 FREEWAY INTERCHANGE PROJECT. 123: Accepting the bid, and authorizing the execution of an Agreement with Master Landscape and Maintenance, in an amount not to exceed $23,575 for a one-year period beginning August 1, 1997, with four one-year optional extensions, in accordance with Bid #5685. (Continued from the meeting of July 15, 1997, Item A6.) 123: Accepting the Iow bid, and authorizing the execution of an Agreement with Millar Elevator Service Company, in an amount not to exceed $40,000 for the maintenance of elevators located throughout the City for a one year term with six optional one year extensions, in accordance with Bid #5669. 10 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 22, 1997 A9. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a Purchase Order to Fisher-Pierce c/o Matzinger-Keegan, in the amount of $99,225.60 for 912 fault indicators - Public Utility Department. Al0. 160: Authorizing the Purchasing Agent to exercise the first renewal of the Purchase Order to Landscape Pest Management, in an amount not to exceed $52,000 for weed abatement for a period of one year commencing September 1, 1997, with the option to renew for an additional two years, in accordance with Bid #5568. All. 113: ORDINANCE NO. 5608: (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING AND ADDING CHAPTER 1.10 TO TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO RECORDS MANAGEMENT. (Introduced at the meeting of July 15, 1997, Item A9.) A12. 150: Receiving and filing the Development Plan for the Deer Canyon Park Preserve. (Continued from the meeting of July 15, 1997, Item Al0.) Council Member Tait. He lives adjacent to the park and also in the Mello-Roos District. He will, therefore, be abstaining from any discussion or decision. Council Member Zemel. His concern is the one he voiced last week (see minutes of July 15, 1997) regarding the access road and potential for eminent domain. He has an updated report from Chris Jarvi which clears up a lot but still leaves an unanswered question or two. If they are not going to use eminent domain or condemnation in the future, how do they get the property owners to agree. Is it through a development agreement. Chris Jarvi, Director of Community Services. That is the intent. As development occurs, it would be a condition of development and part of the development agreement. Counicl Member Zemel. He asked if the existing property owners were agreeable with that logic. They are basically placing a condition on those properties. When they are developed, they are going to have to be burdened by the access road. Chris Jarvi. This is an access road that will probably have to be developed anyway due to the nature of the property. In essence, there will be public access and this will be the park access along with the public access. Council Member Zemel. He referred to letter dated July 17 from Mr. Pulliam where there were four issues mentioned in the body of the letter. He asked if Mr. Jarvi planned to encompass all of those. Mr. Jarvi stated that he does not have the letter but he saw it. Staff recommendation encompasses all of the items and he has confirmed that with Mr. Pulliam. Council Member Lopez. He asked for confirmation, as he reads the letter, some time in the future when there is a need, they will request condemnation; Chris Jarvi. It is not the intent to ask for condemnation. Access would be acquired as the property is developed as a condition of development. A13. 123: Authorizing the Mayor to execute an Agreement with AON Risk Services, Inc., to develop, implement, market and manage an owner-controlled insurance program encompassing the work to be undertaken by the City on the Convention Center Expansion and Remodel, and the Anaheim Resort Area Infrastructure Improvements, at a fixed fee of $245,000 for the term of the project. (Continued from the meeting of July 15, 1997, Item A16.) 11 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 22, 1997 A14. 123: Approving the First Amendment to an Owner Participation Agreement with Taormina Industries, Inc., to reflect actual conditions affecting obligations of the Agency and Taormina. A15. 123: RESOLUTION NO. 97R-140: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE JOB TRAINING PARTNERSHIP ACT TITLES II-A/II-B/II-C MASTER SUBGRANT AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE STATE OF CALIFORNIA FOR THE TERM OF JULY 1, 1997 THROUGH JUNE 30, 2000. A16. 123: RESOLUTION NO. 97R-141: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE JOB TRAINING PARTNERSHIP ACT TITLE III MASTER SUBGRANT AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE STATE OF CALIFORNIA FOR THE TERM OF JULY 1, 1997 THROUGH JUNE 30, 1999. A17. 123: Approving a License Agreement between the City of Anaheim and the Anaheim Area Credit Union for the placement of an Automated Teller Machine in the lobby of the Police Department. A18. 156: Waiving the $3 per car entrant's fee for the pre-1970 car show at Peralta Canyon Park to be held on August 17, 1997. A19. 123: Approving the Metro Cities Joint Powers Authority contract amendment concerning participation in the CAD/RMS System, and authorizing the Mayor and City Attorney to execute said agreement. A20. 123: Approving a Second Amendment to Agreement between E. Del Smith & Company, Inc., and the City of Anaheim, extending Washington representation services from August 1, 1997, through July 31, 1998. A21. 153: RESOLUTION NO. 97R-142: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR UNREPRESENTED PART- TIME EVENT JOB CLASSIFICATIONS AND SUPERSEDING RESOLUTION NO. 91R-125 AND AMENDMENTS THERETO, EFFECTIVE JULY 22, 1997. See below for discussion and action taken in conjunction with Item A22. A22. 153: RESOLUTION NO. 97R-143: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A MEMORANDUM OF UNDERSTANDING ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE SERVICE EMPLOYEES UNIT REPRESENTED BY THE SERVICE EMPLOYEES' INTERNATIONAL UNION, LOCAL 1877, EFFECTIVE FEBRUARY 14, 1997. Council Member Zemel. He asked if there was a time frame on these items or if there could be a two- week continuance. City Manager, James Ruth. These agreements were negotiated within the parameters that the City Council authorized in Closed Session for the Human Resources Department to go out and negotiate. That has been done and this is the agreement communicating that understanding. It involves part time employees (A21 and A22) -- both are connected. It is also for 41 months rather than 36 so it is actually a better term. Council Member Zemel. It looks like A22 is with the union and A21 is recommended in order to be consistent with the union. 12 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 22, 1997 David Hill, Human Resources Director. In negotiating the agreements with Local 1877, he did review with the City Council that there were non-represented employees that they intended to recommend the same 20 cents, 15 cents and 15 cents adjustment if they were to successfully negotiate that agreement. It is a very small number of people who are the Head Ushers or the Head Parking Lot Attendants for the represented employees covered by this labor agreement. City Manager Ruth. It is a $7,500 cost for three years. Council Member Lopez. On both items, as he reads it, they are just talking about basically a cost-of- living adjustment. City Manager Ruth. He answered yes. These people have not had a raise for quite some time and this was negotiated in order to be consistent with what they gave SEIU. Dave Hill, answering Council Member Lopez, the last adjustment for this bargaining unit was in February, 1995. The percentage of the cents per hour translates into just under 2% for each year of the three years of the agreement -- a little over 5% over three years. He confirmed it is consistent with the policy direction he has been given by the City Council. Council Member Zemel asked that this item be put aside until later in the meeting as opposed to a two- week continuance. The City Attorney is going to get information that he has just requested. Later in the meeting, Council Member Zemel stated he was ready to vote on the issue. Mayor Daly offered Resolution Nos. 97R-142 and 97R-143 for adoption. Refer to resolution Book. Roll Call Vote on Resolution No. 97R-142 and 97R-143 for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 97R-142 and 97R-143 duly passed and adopted. A23. A24. 158: Authorizing staff to market for sale or lease the 1.3 acres of City-owned property at the southwest corner of Freedman Way and Clementine, and to return to the City Council with the highest and best offer for final disposition authorization. 114: Approving minutes of the Anaheim City Council meeting held June 17, 1997. Roll Call Vote on Resolution Nos. 97R-139 throuqh 97R-141, both inclusive, for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 97R-139 through 97R-141, both inclusive, duly passed and adopted. 13 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 22, 1997 Roll Call Vote on Ordinance No. 5608 for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, 7emel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5608 duly passed and adopted. END OF CONSENT CALENDAR. (Council Member Tait abstained on Item A12) MOTIONS CARRIED. A25. 105: BOARDS/COMMISSIONS-APPOINTMENT/REAPPOINTMENT TO TERMS EXPIRING JUNE 30, 1997: Continued from the meetings of July 8, 1997, Item A32, and July 15, 1997, Item A22. (a) BUDGET ADVISORY COMMISSION FOR NEW TERMS EXPIRING JUNE 30, 2001: (Brewer, Kennedy) Mayor Daly. The Council has at least one application that just came in. He has not had a chance to talk to some of the people who applied and requested an additional two-week continuance. MOTION. Mayor Daly moved to continue reappointments/appointments to the Budget Advisory Commission for two weeks. Council Member McCracken seconded the motion. MOTION CARRIED. (b) At the meeting of July 8, 1997, Item A32, the City Council directed the City Attorney to prepare an ordinance creating one seven-member consolidated Redevelopment/Housing Commission with two Tenant Members. The proposed ordinance was given First Reading at the meeting of July 15, 1997. Mayor Daly offered Ordinance No. 5607 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5607: (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM DISSOLVING THE ANAHEIM REDEVELOPMENT COMMISSION AND THE ANAHEIM HOUSING COMMISSION, AND CONCURRENTLY CREATING AND ESTABLISHING THE ANAHEIM REDEVELOPMENT AND HOUSING COMMISSION. Roll Call Vote on Ordinance No. 5607 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly None None The Mayor declared Ordinance No. 5607 duly passed and adopted. B1. 155: ORDINANCE NO. 5603: (ADOPTION) amending Ordinance No. 5110 relating to the Anaheim Hills Festival Specific Plan No. 90-01 (Amendment No. 2) to correct the name of the Specific Plan only. (Introduced at the meeting of June 17, 1997, Item B17, and continued from the meetings of July 8, 1997, Item B3, and July 15, 1997, Item B14.) 14 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 22, 1997 Mayor Daly. There was a concern about parking as he recalls. Council Member McCracken. She believes it was clarified. The Council approved the Specific Plan several months ago and this is only a correction in the title. The parking will be addressed when that issue comes up. It will come back before any parking occurs on Festival Drive. Joel Fick, Planning Director. The item will come back to the Planning Commission before any permits are approved for the retail portion. There could be an opportunity for Council input as well. Mayor Daly offered Ordinance No. 5603 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5603: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 5110 RELATING TO THE ANAHEIM HILLS FESTIVAL SPECIFIC PLAN NO. 90-01 (AMENDMENT NO. 2). Roll Call Vote on Ordinance No. 5603 for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5603 duly passed and adopted. ITEM B2 FROM THE PLANNING COMMISSION MEETING OF JULY 21, 1997: INFORMATION ONLY- APPEAL PERIOD ENDS JULY 31, 1997: B2. 134: ENVIRONMENTAL IMPACT REPORT NO. 311 (Previously Certified) THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 - FINAL SITE PLAN REVIEW NO. 97-1 FOR THE FUTURE EXPANSION DISTRICT SETBACK AREAS: LOCATION: The Walt Disney Company requests review and approval of the Final Site Plan setting forth the width and design of landscaping in the Future Expansion District setback areas adjacent to the south side of Katella Avenue and the west side of Haster Street. ACTION TAKEN BY THE PLANNING COMMISSION: Approved Final Site Plan Review No. 97-1 for the Future Expansion District setback areas (7 yes votes). EIR NO. 311 previously certified. No action was taken by the City Council on Item B2. D1. 179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2973 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 97-06 AND NEGATIVE DECLARATION: OWNER: ORKIN INCORPORATED/THRIFTY OIL COMPANY, 10000 Lakewood Boulevard, Downey, CA 90240 AGENT: DAVID A. ROSE III, 10000 Lakewood Boulevard, Downey, CA 90240 LOCATION: 304 South Maqnolia Avenue -Thrifty Oil Company. Property is 0.49 acre located at the southeast corner of Magnolia Avenue and Broadway. 15 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 22, 1997 To amend or delete a condition of approval to permit retail sales of beer and wine for off- premises consumption in an existing service station convenience market. To determine public convenience or necessity for retail sales of beer and wine for off-premises consumption. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 2973 APPROVED with the added condition that this approval shall terminate in one year if the applicant has not been able to purchase an active and operating ABC license existing within the same census tract (PC97-48) (5 yes votes, 1 no vote, and 1 absent). Determination of Public Convenience or Necessity No. 97-06 WITHDRAWN. Approved Negative Declaration. HEARING SET ON: A letter of appeal of the Planning Commission decision was submitted by Harry Bisla, Franchisee 7 -Eleven Store, 240 South Magnolia Ave., Anaheim, Ca. 92801, in letter dated May 16, 1997. Informational item at the meeting of May 20, 1997, Item B6. The Public hearing was continued from the meetings of July 8, and July 15, 1997, Item D1, to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - June 26, 1997. Mailing to property owners within 300 feet - June 19, 1997. Posting of property - June 20, 1997. STAFF INPUT: See staff report to the Planning Commission dated April 28, 1997 Mayor Daly asked that staff summarize the proposal; Greg Hastings, Zoning Division Manager gave the summary. (See minutes of July 15, 1997). Council Member Lopez posed questions to Investigator, Tom Engle (see minutes of July 15, 1997)who confirmed that there were other locations in the area that sell beer and wine. Council Member Lopez. He is voting against this proposal. Other establishments that sell beer and wine are in close proximity. There have been numerous complaints from several individuals. He specifically noted a letter from a woman living in the condominiums at the corner of Magnolia and Broadway. On the same corner where the Thrifty gas station is there is also a health spa that has a large number of patrons who afterwards want to have a couple of beers so people are drinking in the parking lot. He again referred to the number of complaints received as well as complaints across the street in the next district confirmed by Investigator Engle. There are four corners in four different districts at that location. Tom Engle, Investigator, Police Department. They are not recommending the issuance of another license. The crime rate is not that high because of the way it is situated but there are four licenses there and only four are allowed. Thrifty wanted to try and locate one that was in the census tract thereby eliminating the problem of overconcentration. It was their request and not the City's. Mayor Daly. If Council approves the request which requires this business to buy up another beer and wine license, that will delete another license from another property. He asked if they must also make the finding of public convenience and necessity; City Attorney White answered no. Mayor Daly offered the resolution underscoring if the business is to sell beer and wine, they must purchase an already existing beer and wine license within the same census tract which would mean it would not be an increase in the number of beer and wine licenses in that census tract. 16 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 22, 1997 ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Mayor Daly, seconded by Council Member Zemel, the City Council approved the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Mayor Daly offered Resolution No. 97R-144 for adoption approving Conditional Use Permit No. 2973 subject to City Planning Commission conditions including the condition that approval shall terminate in one year if the applicant has not been able to purchase an active and operating ABC license existing within the same census tract. RESOLUTION NO 97R-144: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN PERMIT NO. 2973 AND AMENDING RESOLUTION NO. PC88-17 CONDITIONAL USE PERMIT NO. 2973. Roll Call Vote on Resolution No. 97R-144 for adoption: AYES: NOES: TEMP. ABSENT: MAYOR/COUNCIL MEMBERS: McCracken, Zemel, Daly MAYOR/COUNCIL MEMBERS: Lopez MAYOR/COUNCIL MEMBERS: Tait (abstained) The Mayor declared Resolution No. 97R-144 duly passed and adopted. D2. 179: CONTINUED PUBLIC HEARING - WAIVER OF CODE REQUIREMENTS CONDITIONAL USE PERMIT NO. 3922 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 97-07 AND NEGATIVE DECLARATION: OWNER: CARL N. & MARGARET M. KARCHER TRUST, 1200 North Harbor Boulevard, Anaheim, CA 92801 AGENT: ARCO PRODUCTS COMPANY, 4 Center Pointe Drive, La Palma, CA 90623 LOCATION: 1244 North Harbor Boulevard. Property is 1.16 acres located on the east side of Harbor Boulevard, 240 feet north of the centerline of Romneya Drive. To permit a 2,944 square-foot service station with an accessory convenience market with retail sales of beer and wine for off-premises consumption with waivers of (a) minimum distance between signs and (b) minimum required landscaping adjacent to interior property lines and to determine public convenience or necessity for retail sales of beer and wine for off-premises consumption. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3922 GRANTED, IN PART, denying the retail sales of beer and wine for off-premises consumption (PC97-49) (6 yes votes, 1 absent). Waiver of code requirement APPROVED, IN PART, waiver (a) was denied on the basis that it was deleted following public notification, and waiver (b) was approved. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 97-07 DENIED (PC97- 50). Approved Negative Declaration. 17 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 22, 1997 HEARING SET ON: A letter of appeal of the Planning Commission decision was submitted by Thomas Riggle, Project Manager, RHL Design Group, 1201 South Beach Blvd., Suite 207, La Habra, Ca. 90631, in latter dated July 7, 1997. Informational item at the meeting of May 20, 1997, Item B7. This Public hearing was continued from the meetings of July 8, and July 15, 1997, Item D2, at the request of the applicant. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - June 26, 1997. Mailing to property owners within 300 feet - June 19, 1997. Posting of property - June 20, 1997. Mayor Daly. This comes to the Council on appeal by the representative of the applicant. After outlining the order of the Public Hearing, he asked to hear from the applicant or applicant's agent. Paul Loubet, ARCO, 4 Center Point Drive, LaPalma. They are asking for approval for this new site and a state-of-the-art AM/PM market on the Karcher property at the 91 Freeway and Harbor Boulevard. It will be an ARCO corporate-run station. They hope it will be another small step in cleaning up the Harbor- Romneya area. The facility will contribute $80,000 to $100,000 in sales tax revenue. The employment and tax generation is very important and will keep both in Anaheim. ARCO and their consultants worked with staff and designed the site and the station on 1.12 acres and feel they meet or exceed all standards for landscaping, circulation, setbacks, etc. It will be a nice, pleasant place to come and do business. ARCO likes to become a member of the community as well. He elaborated on community activities in which they have become involved. He also explained some of the specifics of the operation and also the training their employees go through relative to selling beer and wine and cigarrettes. They are hoping with the Council's approval of the CUP and PCN (Public Convenience and Necessity) to provide goods and services for the residents and corporate employees in the area. Mr. Tom Riggle is present to answer questions about the layout and the design. He noted that condition No. 36 indicates with this approval, they will delete the prior CUP 511 on the property which is an on-sale liquor license when it was a former motel site. They will be deleting an on-sale license and replacing it with an off-sale. He clarified for the Mayor that the previous permit was issued around 1959. Investigator, Tom Engle stated that perhaps there is a CUP that allows for on-sale hard liquor, but he does not believe there is a license. There is a license for on-sale beer and wine at the Carl's Jr. restaurant on the corner. Tom Riggle, RHL Design Group, 1201 S. Beach Blvd., LaHabra. (He submitted a number of photographs, a rendering, and showed a materials and color board all relating to the project.) He first described the site and surrounding businesses noting that the proposed business will fit in well and they will be significantly enhancing the site. During Mr. Riggle's extensive presentation, he described the project and then addressed items 20, 21, 22, 23 and 38 in the Staff Report to the Planning Commission dated April 28, 1997. (Items 20-23 are under the evaluation portion of the report, pg. 5, 6 and 7, and no. 38 is on pg. 12 under the Interdepartmental Committee (IDC) recommendations if the project is approved.) Item No. 20 -- Relative to landscaping, it mentions they are not including all the trees needed. In the process of preparing the plan, they did not include trees in areas where the driveways are located. In talking with staff, they are more than willing to include those three or four trees. They will not allow the spacing of 20' on center but are willing to group the trees which hopefully will meet with approval. Item No. 21 -- Location of the underground tanks. In reviewing the driveways and with an ALT survey they had done, they find it is actually better to move the tanks to the south of the canopies. They will be pleased to do that and can provide a revised plan. 18 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 22, 1997 Item No. 22 -- Trash Enclosure. Through their discussions since the Planning Commission hearing and the IDC, they have moved the enclosure and also provided landscape areas around the back of the trash enclosure to buffer it from the Carl's Jr. property which they hope will satisfy staff's concern. They are willing to remove the chain-link fence and have that property open. There is landscaping across the back with trees. Also relative to this item, staff recommended additional planters be placed next to the service station on the north, south and west elevations. As noted from the rendering, they have included those and are happy to add those as a buffer. Item No. 23 - Architecture. Last night, the Planning Comission approved a similar station for ARCO at the corner of Brookhurst and Ball. In view of the surrounding area, they believe the proposed architecture is appropriate for the site. He elaborated on the proposed architectural features. He hopes the Council will find it is a vast improvement over what they brought to the Planning Commission. Item No. 38. The condition recommends that the owner/developer shall submit revised exterior building elevation and canopy plans to the Zoning Division for review and approval by the Commission as a Report and Recommendation item. They submitted their application in March and put a lot of effort into what is a quality project. They would like to remove that condition to avoid returning. They would like to submit plans as soon as possible and get the facility under construction and built this year. Mayor Daly and Council Members then posed questions relative to the project which were answered by Mr. Loubet and Mr. Riggle. Mayor Daly then asked staff if they are comfortable with the landscape setback to the rear of the property, the east side of the property. Greg Hastings, Zoning Division Manager. He answered yes. It is not less landscaping but involves spacing of the trees. The applicant agreed to provide the correct amount of trees but spaced differently on the east and also on the south side and future north side. Council Member Lopez asked going south bound on Harbor, can traffic cross over and make a left turn or continue south all the way to Romneya. Greg Hastings. There does appear to be a median up to a certain point. There does not appear to be a median in front of the property. Tom Riggle. The median does extend in front of the adjacent south parcel. There is a center- turn pocket that extends and narrows nearing Romneya and a left turn can be made at Romneya. They are looking to have left-turn access at that point at least to the southern driveway. They would like to have that access -- it is a two-lane road and the speed limit is 40 or 45. There is access now and they would like to maintain that access. Greg Hastings. It has been brought up as an issue and he would need to check with Traffic Engineering. Council Member Zemel. He asked Mr. Loubet, with 42 conditions, 12 of which restrict their sales of beer and wine, can they live with those conditions; Mr. Loubet answered yes. They have agreed to all conditions as stated and can agree to them at this point. The following persons spoke in opposition and their testimony summarized: Greg Michael, World Oil Marketing Company. Theirs is the EXXON station across the street including the transmission building. They also have several other properties in Anaheim on North Harbor. Their issue is with regard to the beer and wine and are asking the Council to vote no. There are five beer and wine licenses in the area and that is enough. He gave additional comments relative to how he believes ARCO operates relative to acquiring beer and wine licenses. They do not serve the community but the travelling public. With regard to convenience, being located between a freeway and Carl's Jr., he is 19 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 22, 1997 concerned about safety in exiting the property. If they are serving the community, patrons will be making a left out of the facility. He does not think that is a safe drive since Harbor is a very busy street. The crime rate in the area is 114% over the average. There are two elementary schools close to the area. World Oil spent a half million dollars beautifying their station (across the street) and hope to move the transmission area. They do not mind the competition but do not want to deal with the extra crime in the area. Answering the Mayor, he stated that the corporate address is 9302 S. Garfield Avenue, Southgate 90280, they operate just shy of 100 stations in California and some of the stations sell beer and wine. Chris Roberts, business owner (security alarm business), 1150 N. Harbor Blvd., Anaheim. He is not in competition with the sale of alcohol or anything else. He is concerned with the situation in the area. They have to call the Police on a daily basis. Carl Karcher's restaurant has a license for beer. It is not a problem there. The problem is with the markets in the area. He does not have a problem with the ARCO station which would be fine without the beer and wine. It will create more of the undesirable elements that are already in the area. Steve German, World Oil. At the last meeting (of the Planning Commission) ARCO mentioned that due to certain laws, they may be forced to sell the station to a different owner at some point; Council member Zemel asked if he (German) was under the impression that the conditions imposed will not go with the land. Mr. German answered that he realized that is the case but it was something that was brought up and he did not want it overlooked. Lisa Ireton, 1150 N. Harbor Blvd. (security alarm business), Anaheim. She deals with the element in the area every single day -- homeless people, "crazy" people, etc. She heard ARCO say they want to help with the problem, but instead, they wil be contributing to an existing problem. Summation/rebuttal by Applicant: Paul Loubet. ARCO's business is selling gasoline. Beer and wine is important because it is a part of their corporate structure. It makes up about 3% of their sales. They are not creating a demand. They are hoping to cover the supply need for gasoline and making it convenient. What they do is divert traffic. Most of the shopping trips come from within 2 to 2.8 miles. They are not going after the traveller but those in the community on their way to work and home. The conditions imposed will help to protect the people. The facility and the jobs it will create will also be a help. They have security and cameras. The business is monitored continuously which will take care of the problem of loitering, homeless and vagrants around the site. They look forward to approval of the CUP and PCN. Council Member McCracken. The Planning Commission denied the determination of PCN. She would like an update on the issue and the concerns of the Police Department. Investigator Engle. They still have the same concerns as in the past. There is a high crime rate and there is an over concentration of off-sale ABC licenses. If they give up the on-sale, it does not change the number of off-sale licenses in the area. Moving the County (Social Services Office) did not help. Basically, just the employees left. There are still narcotics sales and prostitution in the park and the immediate area. Mayor Daly. If Council approves beer and wine at this location, he asked if ARCO will have to buy an existing beer and wine license in the neighborhood in order to satisfy the ABC; Tom Engle. He answered, no, only if it is made a condition. They can go overconcentrate as long as the Council permits it. City Attorney White. The law provides if either there is an overconcentration of licenses in the reporting area or there is an over abundance of crime, that the issuance of an additional alcoholic beverage license would then require the City Council to make a determination of PCN which is one of the two action items before the Council tonight. Only if the Council makes that determination will they be 2O ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 22, 1997 allowed by law to exceed the number of licenses otherwise permitted or to have a license in a high-crime area. If they deny that determination, the only way this license would be permitted would be for the operator to acquire an existing license in order to reduce the number beyond or equal to what would be permitted. ABC does not independently investigate that but have transferred that function to the City to make the determination. Mayor Daly. If the Council does not approve the determination of PCN, it was stated that the applicant could buy up an existing beer and wine license and then serve beer and wine. He asked if the CUP must include permission to do that as well. City Attorney White. He answered that was correct. They would have to allow that by CUP as a separate action from the PCN. Council Member Lopez. There are enough beer and wine licenses in that area. They are trying to eliminate them and send a message to youngsters and adults alike not to drink. The proposed business is not near a residential area and whoever buys beer he feels there will be driving and drinking. He is very familiar with the area. There are a lot of homeless people living in the area and along the freeway. It does not make sense to issue another beer and wine license at that location. He would approve the convenience store and the service station but not with a beer and wine license. Mayor Daly closed the Public Hearing. Council Member Zemel. He recalled the project they acted on last week where a letter was also sent by the School District saying that the beer and wine would be in close proximity to an elementary school. The same is true this week; however, schools are not even close just as with the previous project. The issue of the homeless and "crazy" people are Police issues. He for one believes they need more Police Officers in that area rather than trying to control business environments. They cannot tell property owners/small businessmen that they are responsible for the homeless problems. The development of this property will actually help because it will decrease the amount of nuisance created by the homeless and other types. It will be lit up at night and reduce the homeless population along the frontage road. He reiterated that the burden should not be placed on the small businessman. He also believes that the business will offer a convenience for those on their way home to be able to get gas and not to have to stop again for other items. He does not have a problem supporting this and is ready to move forward. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Mayor Daly, seconded by Council Member Zemel, the City Council approved the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Council Member Tait was Temporary absent. MOTION CARRIED. Council Member Zemel offered the Resolution for adoption including beer and wine sales. Refer to Resolution Book. RESOLUTION NO. 97R-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3922. Before a vote was taken, Council Member McCracken stated if they support the action by Council Member Zemel, that changes the action taken by the Planning Commission and gives the right to sell beer and wine. They must also determine Public Convenience and Necessity. If they do not, the only thing ARCO can do is purchase a current beer and wine license in the census tract; the City 21 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 22, 1997 Attorney confirmed Council Member McCracken's understanding. If the CUP is approved, but the PCN denied, they could not get a license unless they bought an existing one. Joel Fick, Planning Director. The original staff report identified nine additional conditions recommended by the Police Department that are standard to an off-sale beer and wine application. When the Planning Commission denied, they did delete those. It is his understanding the applicant was in agreement with those conditions at that time. Staff would like to suggest if the item is approved, that those items be incorporated back into the approval. Council Member Zemel. He assumed those were included in the 42 conditions; Joel Fick. There are additional conditions in the staff report. Council Member Zemel. His resolution includes each and every condition, 1 through 42, to be part of the CUP. Mayor Daly asked if the 42 conditions are all the conditions staff would recommend; Joel Fick answered yes. The only added condition that exists in the resolution before Council in the Planning Commission approval and mentioned by the applicant, the Planning Commission did require that the architectural aspects come back to the Planning Commission for review because of the importance of that location. Council Member Zemel. He included that condition as well. A vote was then taken on the foregoing resolution offered by Council Member Zemel. RESOLUTION NO. 97R-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3922. Roll Call Vote on Resolution No. 97R-145 for adoption: AYES: NOES: TEMP. ABSENT: MAYOR/COUNCIL MEMBERS: McCracken, Zemel, Daly MAYOR/COUNCIL MEMBERS: Lopez MAYOR/COUNCIL MEMBERS: Tait (abstained) The Mayor declared Resolution No. 97R-145 duly passed and adopted. Council Member Zemel offered Resolution No. 97R-146 for adoption. Refer to Resolution Book. RESOLUTION NO. 97R-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 97-07. Roll Call Vote on Resolution No. 97R-146 for adoption: AYES: MAYOR/COUNCIL MEMBERS: Zemel, Daly NOES: MAYOR/COUNCIL MEMBERS: McCracken, Lopez TEMP.ABSENT: MAYOR/COUNCIL MEMBERS: Tait (abstained) Mayor Daly. He asked the City Attorney what the implication of the vote is. 22 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 22, 1997 City Attorney White. Under City Council's adopted rules of procedure, because there is a tie vote and one Council Member has abstained (temp. absent) due to a conflict and there are a sufficient number of votes registered where this item could have been adopted but for the fact that it was a tie vote, the rules provide that this resolution is automatically denied by operation of law. Therefore, the findin,q of Public Convenience and Necessity is denied. Mayor Daly. He assumes, therefore, if the applicant wants to sell beer and wine at this location, it would require an existing beer and wine license in the same census tract to be purchased by the applicant. Council Member Tait entered the Council Chamber (7:50 P.M.). D3. 179: REHEARING - VARIANCE NO. 4302, CATEGORICALLY EXEMPT, CLASS 11: OWNER: JAS PARTNERSHIP, Attn: Jim Shab, 1990 South Anaheim Boulevard, Anaheim, CA 92805 AGENT: LEON ALEXANDER, 558 South Harbor Boulevard, #100, Anaheim, CA 92805 LOCATION: 1985 South Santa Cruz Street. Property is 2.44 acres located at the northwest corner of Santa Cruz Street and Stanford Court. Waiver of permitted type of sign and permitted size of freestanding sign to construct a 50-foot high double-faced, 299 square foot freestanding pole sign including a 70 square foot electronic readerboard. ACTION TAKEN BY THE PLANNING COMMISSION: GRANTED, IN PART, VARIANCE NO. 4302 for a 50-foot high double faced, 215 square foot freestanding pole sign (PC97-40) (6 yes votes, 1 no vote). Review of the Planning Commission's decision requested by Council Members McCracken and Lopez at the meeting of May 6, 1997, Item B5. Public hearing before the City Council held May 20, 1997 (Item D7). Variance No. 4302 was denied. City Council granted the request for rehearing submitted by the owner Mr. James A. Shab, JAS Partnership and Global Cellular, at the meeting of June 10, 1997, Item B3. Rehearing on Variance No. 4302 was continued from the meeting of July 8 and July 15, 1997, Item D3, to this date at the request of the applicant. Mayor Daly. He referred to a memo from the Planning Department dated July 18, 1997. He asked the Planning Director to summarize the recommendation and the rationale for it. The Planning Director is recommending that the Public Hearing on this item be continued again for the reasons enumerated in his report. Joel Fick, Planning Director. This item was continued from the City Council meeting of July 15, 1997 to this date for staff to potentially review additional plans or a potential compromise solution and provide a recommendation relating to that compromise to the City Council. Staff has not received any additional plans to review; therefore, there is nothing new to report. Of particular note, and it is the focus of the memo, there is a related pending action, CUP 3855 which was considered at a Public Hearing before the Planning Commission yesterday (Monday, July 21). It was approved and related to a second industrially- related office building (in addition to Global Cellular) with signage plans consisting of three roof signs. It is staff's recommendation that the item before the Council this evening and the item the Planning Commission addressed yesterday should be considered together at a Public Hearing so the City Council could comprehensively review all the signage plans proposed on the site. Upon conferring with the City Clerk and her staff, both could be advertised for a hearing as soon as Tuesday, August 5, 1997 if the notices are mailed tomorrow. 23 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 22, 1997 Mayor Daly. He asked the property owner and the applicant for a response to the suggestion that all the signage be taken together as early as August 5, 1997. Jim Shab, Owner, Global Cellular. He does not see why it is required to stall and is not certain why staff is requesting this. The Planning Commission is on the side of Global Cellular. They understand the hardship and the request but staff members are painting a picture which he feels is not the total picture. What was approved last night was not a sign larger than permitted but approval to modify the building to create an exterior that is pleasing. It involves the look of the building and raising the entry. Staff is calling it a roof sign. The City Planning Commission approved it unanimously and felt they were making the right move. The building will be higher to make up for the height of the freeway. They are just asking for something already approved and do not see why staff wants to tie the two together. Steve Sheldon, REX Group. The Council can support the resolution for the variance tonight and can take that into consideration when or if they consider the CUP. He does not believe the Council has asked for a review of that decision. They feel the two can be bifurcated. This is the third continuation and they would like to have a positive vote tonight. However, if the Council is not ready to do that, the two will have to be consolidated. Mayor Daly asked if they have submitted the latest sign plan to the Planning staff. Jim Shab. He does not know what they want submitted. The sign they have has been up for 10 years. It will simply be elevated. He asked that they look at the addition to the sign they have -- it is already there. He does not understand the request and feels it is clear what he is asking. Their existing building is coming down and they will be without signage. Council Member Zemel. When Mr. Shab offered the four-year termination on the sign (see minutes of 7- 15-97), that seemed to help. The continuance came in trying to figure out what happens later and to work it out with staff. He is not sure the issues should be heard together either. If there was a written report, he thinks they could have voted on it tonight. Mr. Shab. The top portion of the sign that currently does not exist comes off. That is what will happen and they can verbalize it however they want. He does not understand what is going on at this point. Council Member Zemel. His colleagues are very interested in knowing what happens when the four years are up if they are going to support the request. Mr. Shab. The top portion of the sign comes off, the 85 sq. ft., which identifies the company. Mayor Daly. He needs more detail and wants it all pinned down as to what he is voting on before he does. Secondly, the Planning Commission acted last night and they do not know exactly what type of sign program the Planning Commission approved. It is not good policy to make a decision when they do not have all the information in front of them. He believes all the signage should have been handled together from the start. For land-use planning purposes, the signage should be handled together. MOTION. Mayor Daly moved to continue the Public Hearing to August 5, 1997 to be heard in conjunction with CUP 3855. Council Member Zemel seconded the motion. MOTION CARRIED. Joel Fick, Planning Director. CUP 3855 was reviewed and approved by the Planning Commission. He suggests since this is in the time frame of the 22-day appeal period, that the matter be set for a hearing so that it can be advertised in time and both items can be heard together on August 5, 1997. Mayor Daly requested a review of the Planning Commission's decision on CUP 3855 concurred in by Council Member McCracken and, therefore, a Public Hearing will be scheduled for Tuesday, August 5, 1997 at 6:00 P.M. and will be heard in conjunction with Variance 4302. 24 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES JULY 22, 1997 C1. REPORT ON CLOSED SESSION ACTIONS: City Attorney Jack White Stated that there are no actions to report. C2. COUNCIL COMMENTS: Council Member Lopez. Relative to the concerns and allegations raised by citizens earlier in the meeting (see Items of Public Interest), he is confident that the City Manager is on top of the situation and will report back in a timely fashion. They are all concerned and he awaits a prompt investigation to get to the bottom of the issues. City Manager Ruth. In talking to the Investigator, Mr. Traub, it will probably be two weeks so at least another week and a report ready for Council consideration in Closed Session at the next meeting (August 5, 1997). Council Member Lopez. He wants to be sure they find out who the young lady was (referred to by one of the speakers) and that she has every opportunity to file a Police report; City Manager Ruth. They will make absolutely certain. Council Member McCracken reported on upcoming special events at Pearson Park August 2, August 9 and August 16 respectively: Polynesian Music and Dance Show, German Show and Dance Band for the benefit of the Fall Festival, Barbershop Quartet and Choral Spectacular. ADJOURNMENT: By general Council consent, the City Council Meeting of July 22, 1997 was adjourned. (8:05 p.m.) LEONORA N. SOHL CITY CLERK 25