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1999/04/27ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 27, 1999 The City Council of the City of Anaheim met in regular session. PRESENT: MAYOR : Tom Daly PRESENT: COUNCIL MEMBERS : Frank Feldhaus, Lucille Kring, Tom Tait, Shirley McCracken, ABSENT: COUNCIL MEMBERS: PRESENT: CITY MANAGER : Jim Ruth CITY ATTORNEY : Jack White CITY CLERK : Leonora N. Sohl ASST. CITY CLERK : Ann Sauvageau PUBLIC UTILITIES GENERAL MANAGER : Ed Aghjayan PUBLIC UTILITES ASST. GENERAL MANAGER : Dale Tarkington FINANCE DIRECTOR : Bill Sweeney COMMUNITY SERVICES DIRECTOR : Chris Jarvi EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT : Lisa Stipkovich TRAFFIC/TRANSPORTATION MANAGER : John Lower ZONING ADMINISTRATOR : Annika Santalahti VI CE DETAIL : Russ Sutter DEPUTY PLANNING DIRECTOR : Mary McCloskey SENIOR PLANNER : Cheryl Flores CAPTAIN: Marc Hedgpeth LIEUTENANT Mike Hanna A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:05 p.m. on April 23, 1999 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall) containing all items as shown herein. Mayor Pro Tem, Shirley McCracken called the workshop portion of the meeting of April 27, 1999 to order and welcomed those in attendance (3:15 p.m.). (Mayor Daly and Council Member Tait entered the Council Chamber – 3:17 p.m.). City Manager, James Ruth. This is a scheduled workshop on the Underground Conversion Program, the Five-Year Presentation ( FY1999/00 – 2003/04). The five-year update of the program has been reviewed by the Public Utilities Board and the Underground Subcommittee and both have recommended approval. Public Utilities General Manager, Ed Aghjayan is present to give the presentation. FIVE-YEAR UNDERGROUND CONVERSION PLAN - PUBLIC UTILITIES DEPARTMENT: Mr. Ed th Aghjayan, Public Utilities General Manager. The program is entering its 9 year, its objective being the conversion of overhead facilities to underground in the City’s public right of way (electric lines, telephone lines, communication lines and cable TV lines). Mr. Aghjayan’s presentation (supplemented by a Power Point Slide program, hard copies of which were submitted in booklet form entitled, The Anaheim Underground Conversion Program – made a part of the record) covered the following: History of the program (established by the City Council in June, 1990, funded by electric rate payers, currently a 4% surcharge shown separately on their electric bill), Approval Process, Progress Summary ($44.3 million spent to date, 30.2 circuit miles undergrounded , 17 underground projects completed, 9 projects under construction), Completed Projects (slides presented showed the projects before undergrounding and after undergrounding , most of which showed a “dramatic” improvement in the projects listed), Projects Under Construction (with map(s) showing their geographic location) with planned completion dates, the Five- Year Proposed Plan (20 projects – ten with no change, four modified projects and six new projects), Geographical Diversity, Carried-Over Projects (slides presented showing current status of the location(s) involved side-by-side with simulated slides showing what the project(s) will look like after the ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 27, 1999 improvements), Local Improvement Projects (modified projects), New Projects (schedules, improvements to be made, length of improvements, cost of improvements – including before/after slides (after slides simulated), Substructure Only Projects, Proposed Plan Map of City showing the location of the projects (carried over, modified, new), Alternative Projects (projects that could be substituted for those already in the plan/projects that will ultimately get done but not within the five-year plan). He noted that after 13 years (including the proposed plan), they will have made a very sizeable dent in terms of undergounding. He emphasized this is the most successful program of undergrounding for such a long period of time. Most cities with such programs end up spending the money elsewhere, but Anaheim has been able to build a fabulous team to help carry on the program. In concluding, he asked that Dale Tarkington, introduce staff members of the Anaheim Underground Conversion Team. Dale Tarkington , Public Utilities, Assistant General Manager Electric Services introduced Bob Templeton , Senior Electric Systems Designer, Charles Lucas, Utilities/Engineering, Trung Soai , Electrical Systems Engineer Mei Lee, Electrical Systems Designer and also Mark Bradley, Computer Assistant who allowed them to advance the technology of the presentation; Mr. Aghjayn also acknowledged Jafar Taghavi , Electrical Engineering Manager and Tom Slatten , Principal Power Systems Planning Engineer. . Mayor Daly. He has heard from so many people over the years with nothing but positive remarks about the Underground Conversion Program. It is a hugely popular program, not only in the way it has been handled but also the way the department captures opportunities when other projects are under way to incorporate the Underground Program. Mayor Daly and Council Members then posed questions relative to the program which were answered by Mr. Aghjayn and staff members. The Mayor also asked staff to provide a full (8 ½ X 11) page of the Proposed Plan for easier reading; Council Member Feldhaus asked for the Selection Criteria used when determining what project to undertake. (Mr. Aghjayan stated that staff would accommodate both requests.) Mr. Aghjayan noted for the Mayor that conceptual approval of the Five-Year Plan is on the Council Consent Calendar to be considered this evening. The first year of the plan is incorporated into the budget and will be provided along with the Public Utilities budget when it is presented in June. The only part of the plan that gets “locked in” is the first year. Mayor Daly and Council Members thanked staff and also complimented them on the informative, detailed and creative presentation. * * * * * * * * * * * * * * * * * * * * * City Manager Ruth. The second subject of the workshop today is relative to the proposed Massage Establishment Ordinance. He introduced Captain Marc Hedgpeth who will, in turn, introduce the Police representative who will make the presentation today. MASSAGE ESTABLISHMENT ORDINANCE – POLICE DEPARTMENT AND CITY ATTORNEY : Captain Marc Hedgpeth introduced Lieutenant Mike Hanna who will make the presentation and also Sgt. Sutter, Vice Detail. Lieutenant Mike Hanna. The presentation today (which was supplemented by Power Point slides) will be an overview of the proposed revisions to AMC Section 4.29 relating to massage establishments. (See report submitted dated April 22, 1999 from Acting Chief of Police, Roger Baker, Subject : Revision of Massage Ordinance and report dated April 23, 1999 from the City Attorney, Subject: Workshop on Massage Establishment Ordinance supplementing the information presented by the Police Department and also including additional materials for Council consideration.) The Police Department has been working with the City Attorney and Business License in attempting to update the existing ordinance. The 2 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 27, 1999 process has been ongoing for several years with the goals to promote and protect legitimate massage businesses, safeguard health and safety of patrons and employees and protect the community from the massage operations. He noted the massage ordinance was last revised in 1977. Lt. Hanna then briefed the following : current massage ordinance (training, testing, hours of operation), proposed ordinance revisions, licensing, licensing fees, training, examples of abuse. (Also see five-page report dated April 9, 1999 to the City Attorney from Roger Baker, Acting Chief of Police, Subject : Massage Ordinance Revision which addressed the issues of training (current, 100 hours – increased to 500), testing of applicants, currently licensed technicians, costs of licensing, continuing education, hours of operation, liability insurance requirement, legitimate vs. illegitimate businesses, etc., concerns which were addressed by massage business owners when Sgt. Sutter spoke with them personally.) In concluding his presentation, Lt. Hanna stated the goal is to protect legitimate businesses in the City, help to improve the quality of life in Anaheim and protect citizens from being defrauded. He noted that the proposed ordinance has the support of the massage industry, Chamber of Commerce and community groups. He also clarified for Council Member Kring that originally one revised ordinance was proposed but in discussing the issue with different departments, three versions emerged. Since that time, the Police Department, City Atorney and Business License have met and decided, for purposes of this workshop, staff would present one unified version. He cannot say there is universal support for the ordinance since there are some people who still have issues/concerns. He further clarified for Council Member Tait the massage industry he spoke of is the American Massage Therapy Association. Dr. Hungerford of that association is present today. Lt. Hanna’s presentation was then followed by extensive discussion, comments and questions by Council Members; Council Member Feldhaus felt that the ordinance was lumping legitimate businesses with those that are illegitimate noting that he believes it is easy to tell which is which by scanning the yellow pages under the massage establishment heading; Council Member Tait . The proposed ordinance imposes a number of regulations that burden the 95% who run legitimate businesses to get to the 5% who do not and there are already laws on the books to regulate those people; Council Member Kring. She agrees with Council Members Feldhaus and Tait relative to the burdensome provisions affecting legitimate businesses and also elaborated on specific areas of concern, i.e., would put home-based businesses out of business, the requirement for 12 hours of continuing education every year, the $100,000 liability insurance requirement, increased fees for an operator’s permit, requirement for CPR and First Aid training, etc. City Attorney White. Relative to some of the comments made, there are two types of enforcement – one is to enforce laws against business owners that are established in the City and the other is to establish regulations that try to prevent businesses that are not legitimate from taking a foothold. The types of regulations being proposed in this ordinance are not ones that have been thought up uniquely for Anaheim. These are regulations that have been adopted as shown in the matrix (see the report of April 22, 1999, first attachment entitled Massage Ordinance, pgs. 1 and 2, Items 1 – 28) showing cities that have adopted various regulations. One of the goals of adopting the ordinance would be to prohibit businesses that are of less-than-a-fully-legitimate nature from being enticed or having an incentive to move out of another city where regulations are more stringent into a city that has less stringent regulations. They are looking for a “bar” that protects legitimate businesses but yet makes it very difficult for those that are not to become established. Staff has listed 28 different areas recommended for consideration. What would assist staff is to hear from the Council as a body which ones the Council believes are problematic that they could not support and then work from there. It is difficult for staff to come back and give a number of options. It is a matter of focusing on what three Council Members can support. It would be helpful for the Council to go through the list and tell staff what to bring back that the Council can support. Mayor Daly. He noted that interested persons were present and asked to hear from them at this time noting, however, that the workshop was not designed as a Public Hearing and asked that comments be kept to a minimum. 3 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 27, 1999 Miriam Kaywood , Anaheim resident (former Council Member). She was a Council Member at the time the City previously had problems relative to illegitimate massage establishments (late 1970’s-early 80’s) and it was a disgraceful situation since they were fronts for prostitution. The laws need to be made clear to make the climate better for the legitimate massage businesses and unfriendly for those that are not. She urged that they not allow a repeat of the past. Dr. M. K. “Mike” Hungerford, Dean of the American Institute of Massage Therapy. She is Vice President of the Orange County Unit of the California Chapter of the American Message Therapy Association. Twenty-seven states have massage therapy licenses and four have passed laws now waiting to go into effect which makes 31 states. Massage therapy, according to Congress, is the third fastest growing industry in the United States and the first fastest growing industry of alternative health care. She then relayed several incidents that occurred to massage therapy patrons due to negligence of “therapists ” who did not have sufficient training. Mayor Daly interjected and asked that Dr. Hungerford focus on the issue at hand, that being whether or not she supports the proposed ordinance and if she was familiar with the regulations being proposed; Dr. Hungerford answered, while not completely familiar with the provisions of the proposed ordinance, she supports the Police Department and what they want. She feels in order to protect the public, it is necessary to have policies and procedures although one approach does not fit all. She also clarified for the Mayor that she is speaking in behalf of the American Massage Therapy Association, that she is Chancellor of the American Institute of Massage Therapy and that she is speaking education and the protection of the public. Upon further questioning by the Mayor, Dr. Hungerford stated she feels it is imperative to support the ordinance proposed by the Police Department. Mayor Daly asked staff to bring the presentation to a close. City Attorney White. He would only again ask that the Council provide direction to staff as to what type of ordinance the Council wanted and if they feel changes are necessary, that they concur on what those changes might be. Staff would probably not be able to do that today given the limited time but it is necessary to have a consensus. Mayor Daly. He suggested perhaps some follow-up meetings on an individual basis with those who have expressed some concern and subsequently bring the ordinance back to the agenda for a vote; Council Member Feldhaus stated he is ready to express his thoughts right now that the proposed ordinance is too encumbering. He does not need any more time but by the same token he does not want to limit the discussion/debate. He also thanked staff for the obvious time and effort that has gone into formulating the proposed ordinance. Council Member Kring also thanked the Police Department and staff for the work done on the ordinance; however, she is concerned about its effect on legitimate businesses. Council Member McCracken . She feels that they do need an ordinance in any case. The existing ordinance needs some tightening up perhaps incorporating some of the things other cities have in their code. They should decide on the provisions they could live with and the ordinance brought back for consideration and a decision. She reiterated , she does not feel they can do without an ordinance. Mayor Daly. He announced for the benefit of those present that before any ordinance is voted upon, there will be an opportunity for public comments. Today’s presentation was simply a workshop for staff to present the information. If there is an ordinance on the agenda, there will be ample opportunity for any concerned member of the public to comment at a future date. City Attorney White also reported that he received a voice message today from Marcus McLaughlin, Attorney, giving comments on behalf of his two clients (Gwen Ard/ Maison de Traitements and Marie Pelletier/The Roman Spa) concerning the new proposed massage regulations. A copy of his comments 4 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 27, 1999 has been provided to the Council (see report of April 27, 1999 from the City Attorney – Subject : Comments Received Concerning New Massage Regulations). 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 on Closed Session items. The following items are to be considered at the Closed Session. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 1. 54956.9(a) - Existing Litigation: Name of case : Delmonico, et al. v. City of Anaheim, et al. (and related cases and cross actions) Orange County Superior Court Case No. 70-80-71. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 2. 54956.9(a) – Existing Litigation: Name of case : Vista Royale Homeowners Assoc. vs. 396 Investment Co. fka The Fieldstone Company, Orange County Superior Court Case No. 77-30-74, ( and related cases). . CONFERENCE WITH LABOR NEGOTIATOR 3 Agency Designated Representative : Dave Hill Employee organization : Anaheim Fire Association, AMEA, and General Truck Driver’s Union, Local 952. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: 4. Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code: (one potential case). Existing facts and circumstances : Claims by or against Tiffy’s Family Restaurant, Inc., 1060 West Katella Avenue, relating to widening of Katella Avenue. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: 5. Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code: (one potential case). Existing facts and circumstances : Disputes between City and Hellmuth, Obata & Kassabaum, Inc., relating to architectural plans, design services and contractor change orders for the Anaheim Convention Center Expansion Project. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: 6. Initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code: (One potential case). CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 7. 54956.9(a) – Existing Litigation: Name of case : J.G.D. Company, Inc., v. City of Anaheim, Orange County Superior Court Case No. 79-78-04. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: 8. 5 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 27, 1999 Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code: (one potential case). Existing facts and circumstances : Claims and grievances of Beverly A. Seman relating to her employment with the City of Anaheim. RECESS: Mayor Daly moved to recess in Closed Session. Council Member McCracken seconded the motion. MOTION CARRIED. ( 4:35p.m.) AFTER RECESS: Mayor Daly called the regular Council meeting of April 27, 1999 to order at 6:00 p.m. and welcomed those in attendance. INVOCATION: Mary Hibbard, from the Anaheim United Methodist Church gave the invocation. FLAG SALUTE: Council Member Tom Tait led the assembly in the Pledge of Allegiance to the Flag. DECLARATION OF RECOGNITION - EMPLOYEE OF THE YEAR – ANAHEIM CONVENTION 119: CENTER: A Declaration of Recognition was unanimously adopted by the City Council recognizing Soledad Perez on being named the 1998 Anaheim Convention Center’s Employee of the Year. David Meek, Convention Center Manager stated he was “pinch hitting” for Greg Smith, General Manager who was unable to be present to introduce a lady who one day decided she wanted to supplement her income and work at the Convention Center for a few months – that was 13 years ago. He thereupon introduced Soledad Perez, a Task Force Worker in the Convention Center’s Facility Services Department. He explained that Soledad embodies the spirit of the “Anaheim Way” program. She has the record of the most nominations (10 of her fellow employees), is a joy to work with, is very compassionate and has a great work ethic. Mayor Daly and Council Members personally greeted and congratulated Soledad noting her commendable service to the City and citizens who patronize the Convention Center. * * * * * * * * * * * * * * * * * * * * PROCLAMATION : 119: The following Proclamation was authorized by the City Council. Hire a Veteran Month in Anaheim - May 1999 The Proclamation was accepted by Rodney Hartford who stated, in his capacity, he has served the City for 20 years in the Veteran’s Employment Program. He noted during all those years, the City has been very supportive of the program which serves 231,741 Veterans in Orange County. Mayor Daly read the Proclamation into the record and noted for Mr. Hartford that tonight, the Council is being asked to approve the final design plans for a Veteran’s Monument/Memorial to be built across the street from City Hall on the west side of Anaheim Boulevard (south of the Anaheim Museum) which will th honor the men and women who served in the various wars of the 20 Century (see Item 1. under the Redevelopment Agency Agenda this date). FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,651,121.42 for the period ending April 12, 1999, and $1,861,208.46 for the period ending April 19, 1999 and $5,877,810.68 for the period ending April 26, 1999 in accordance with the 1998-99 Budget, were approved. 6 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 27, 1999 ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: There were no comments under Items Public Interest. PUBLIC COMMENTS – AGENDA ITEMS: Public input was r eceived on item A45. ( see discussion under that item). MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of April 27, 1999. Council Member McCracken seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 – A44: On motion by Mayor Daly, seconded by Council Member McCracken , the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Mayor Daly offered Resolutions Nos. 99R-73 through 99R-77 , both inclusive, for adoption. Mayor Daly offered Ordinance No. 5680 for first reading. Refer to Resolution Book. A1. 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: 1. Claim submitted by Juan Martinez, c/o Law Offices of Farrah Mirabel for bodily injury sustained purportedly due to actions of the City on or about October 18, 1998. 2. Claim submitted by Nora Bagwell for property damage sustained purportedly due to actions of the City on or about February 16, 1999. 3. Claim submitted by Cesar Gonzalez, c/o Law Office of Joseph M. Tysel for bodily injury sustained purportedly due to actions of the City on or about March 2, 1999. 4. Claim submitted by Dennis Ray Harris for property damage /bodily injury sustained purportedly due to actions of the City on or about October 17, 1998. 5. Claim submitted by Guillermo Mier for property damage sustained purportedly due to actions of the City on or about September 22, 1998. 6 Claim submitted by Michael G. Murphy for property damage sustained purportedly due to actions of the City on or about September 2, 1998. 7. Claim submitted by Constantino Silva for property damage sustained purportedly due to actions of the City on or about February 17, 1999. 8. Claim submitted by Orlanda Tafolla for property damage sustained purportedly due to actions of the City on or about December 6, 1998. 9. Claim submitted by Jonathan Whitmer for bodily injury sustained purportedly due to actions of the City on or about July 27, 1998. 10. Claim submitted by Thomas L. Kelly for property damage sustained purportedly due to actions of the City on or about December 9, 1998. 7 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 27, 1999 11. Claim submitted by Joseph L. Rodriguez for property damage sustained purportedly due to actions of the City on or about January 15, 1999. 12. Claim submitted by Goerge Beyer, c/o Law Offices Lloyd Charton & Assoc. for property damage sustained purportedly due to actions of the City on or about February 16, 1999. 13. Claim submitted by La Vaun Beyer, c/o Law Offices of Lloyd Charton & Assoc. for property damage sustained purportedly due to actions of the City on or about December 28, 1998. 14. Claim submitted by Tsung-Jung Chen, c/o Law Offices of Lloyd Charton & Assoc. for property damage sustained purportedly due to actions of the City on or about December 28, 1998. 15. Claim submitted by Catherine H.Y. Chen, c/o Law Offices of Lloyd Charton & Assoc. for property damage sustained purportedly due to actions of the City on or about December 28, 1998. 16. Claim submitted by Steven Cser, c/o Law Offices of Lloyd Charton & Assoc. for property damage sustained purportedly due to actions of the City on or about December 28, 1998. 17. Claim submitted by Agnes Cser, c/o Law Offices of Lloyd Charton & Assoc. for property damage sustained purportedly due to actions of the City on or about December 28, 1998. 18. Claim submitted by Donald M. Guyer, c/o Law Offices of Lloyd Charton & Assoc. for property damage sustained purportedly due to actions of the City on or about December 28, 1998. 19. Claim submitted by Jean Guyer, c/o Law Offices of Lloyd Charton & Assoc. for property damage sustained purportedly due to actions of the City on or about December 28, 1998. 20. Claim submitted by You-Cheng Kuo, c/o Law Offices of Lloyd Charton & Assoc. for property damage sustained purportedly due to actions of the City on or about December 28, 1998. 21. Claim submitted by Dao Nguyen, c/o Law Offices of Lloyd Charton & Assoc. for property damage sustained purportedly due to actions of the City on or about December 28, 1998. 22. Claim submitted by Van Thi Nguyen, c/o Law Offices of Lloyd Charton & Assoc. for property damage sustained purportedly due to actions of the City on or about December 28, 1998. 23. Claim submitted by Michael F. Morcos, c/o Law Offices of Lloyd Charton & Assoc. for property damage sustained purportedly due to actions of the City on or about December 28, 1998. 24. Claim submitted by Jeannette E. Morcos, c/o Law Offices of Lloyd Charton & Assoc. for property damage sustained purportedly due to actions of the City on or about December 28, 1998. 25. Claim submitted by Robert Sterman, c/o Law Offices of Lloyd Charton & Assoc. for property damage sustained purportedly due to actions of the City on or about December 28, 1998. 26. Claim submitted by Khim Suryanto, c/o Law Offices of Lloyd Charton & Assoc. for property damage sustained purportedly due to actions of the City on or about December 28, 1998. 8 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 27, 1999 27. Claim submitted by Thomas Williams, c/o Law Offices of Lloyd Charton & Assoc. for property damage sustained purportedly due to actions of the City on or about December 28, 1998. 28. Claim submitted by Lesa Williams, c/o Law Offices of Lloyd Charton & Assoc. for property damage sustained purportedly due to actions of the City on or about December 28, 1998. 29. Claim submitted by Deborah Bui, c/o Law Offices of Lloyd Charton & Assoc. for property damage sustained purportedly due to actions of the City on or about December 28, 1998. 30. Claim s ubmitted by Tuan Bui, c/o Law Offices of Lloyd Charton & Assoc. for property damage sustained purportedly due to actions of the City on or about December 28, 1998. 31. Claim submitted by Mike Cooper, c/o Law Offices of Lloyd Charton & Assoc. for property damage sustained purportedly due to actions of the City on or about December 28, 1998. 32. Claim submitted by Shelly Cooper, c/o Law Offices of Lloyd Charton & Assoc. for property damage sustained purportedly due to actions of the City on or about December 28, 1998. 33. Claim submitted by Jeannine Cotner, c/o Law Offices of Lloyd Charton & Assoc. for property damage sustained purportedly due to actions of the City on or about December 28, 1998. 34. Claim submitted by Mickey Cotner, c/o Law Offices of Lloyd Charton & Assoc. for property damage sustained purportedly due to actions of the City on or about December 28, 1998. 35. Claim submitted by Fay Fannyan, c/o Law Offices of Lloyd Charton & Assoc. for property damage sustained purportedly due to actions of the City on or about December 28, 1998. 36. Claim submitted by Julie O’Connor, c/o Law Offices of Lloyd Charton & Assoc. for property damage sustained purportedly due to actions of the City on or about December 28, 1998. 37. Claim submitted by Rick O’Connor, c/o Law Offices of Lloyd Charton & Assoc. for property damage sustained purportedly due to actions of the City on or about December 28, 1998. 38. Claim submitted by Suzanne Wilson Tani, c/o Law Offices of Lloyd Charton & Assoc. for property damage sustained purportedly due to actions of the City on or about December 28, 1998. 39. Claim submitted by Atsume Yuuki, c/o Law Offices of Lloyd Charton & Assoc. for property damage sustained purportedly due to actions of the City on or about December 28, 1998. 40. Claim submitted by Yoshiyu Yuuki, c/o Law Offices of Lloyd Charton & Assoc. for property damage sustained purportedly due to actions of the City on or about December 28, 1998. A2. 105: Receiving and filing minutes of the Public Utilities Board meeting held February 4, 1999. 173: Receiving and filing Application No. 99-03-049 Notice to Customers of proposed $3.134 Million Rate Increase filed by Southern California Gas Company on March 19, 1999, asking for the California Public Utilities Commission’s approval to recover costs due to the February 1998 El Nino storms. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held February 3, 1999. 9 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 27, 1999 117: Receiving and filing the Investment Portfolio Report for the month of March, 1999, as submitted by the City Treasurer. 156: Receiving and filing the Anaheim Police Department Crime and Clearance Analysis for the month of March 1999. 128: Receiving and filing the Monthly Financial Analysis for eight months ended February 28, 1999, as submitted by the Finance Director. A3. 169: Approving the street closures for Lodge Avenue/Mayfair Avenue cul-de-sacs in conjunction with City Council Policy 209; and awarding a contract to the lowest responsible bidder, Holland- Lowe Construction, in the amount of $71,339 for Lodge Avenue/Mayfair Avenue cul-de-sacs Street Improvements; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A4. 150: Awarding a contract to the lowest responsible bidder, L.A. Builders, Inc., in the amount of $76,650 for Ponderosa Park Play Area Improvements; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A5. 166: Awarding a contract to the lowest responsible bidder, TDS Engineering, in the amount of $117,009 for 21 Pole Mounted Parkway City Entry Signs at Various Locations (east of the I-5 Freeway); and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A6. 175: Awarding a contract to the lowest responsible bidder, Pouk & Steinle , Inc, in the amount of $531,138 for Construction of the Vine 12KV Circuit to the Anaheim Resort Area; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A7. 170: Approving the Final Map of Tract No. 14124, and the Subdivision Agreement with New Millennium Homes, and authorizing the Mayor and City Clerk to execute said Agreement. Tract No. 14124 is located at Country Glen Way within The Summit at Anaheim Hills Specific Plan development, and is filed in conjunction with Specific Plan No. 88-2. A8. 158 : RESOLUTION NO. 99R- 73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying certain real properties or interests therein to the City. (R/W 5421 et al.) A9. 158: Approving an Acquisition Agreement for real p roperty located at 1540 South Harbor Boulevard (R/W 5210-1); approving a Right of Entry Agreement; authorizing the Mayor and City Clerk to execute said Agreements; and authorizing the acquisition payment of $23,907 to Badalian Enterprises, Inc. as part of the Harbor Boulevard Street Improvement and Beautification Program - Anaheim Resort Area Improvement Project. A10. 123: Approving an Agreement between Orange County Striping Services, Inc., and the City of Anaheim for the 1999/00 fiscal year in the amount of $129,430, with an annual renewal option to a maximum of five years. 10 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 27, 1999 A11. 123: To consider approving a Cooperation and Contribution Agreement between Madison Squares Anaheim Hills, a Nevada limited liability company and the City of Anaheim, for energy and maintenance of traffic signal and safety lighting at the driveway of 7777 East Santa Ana Canyon Road. Mayor Daly asked if there is a requirement that the City do this. He does not believe they are bound by terms of the project approval. John Lower, Traffic and Transportation Manager. He answered, no. The project that was approved had a driveway on Santa Ana Canyon Road. The developer’s preference was to have a separate left-turn pocket. With that comes a requirement for a traffic signal because of the horizontal and vertical curves and safety considerations. Mayor Daly asked if Mr. Lower felt strongly either way ; John Lower. If a left-turn access is to be provided for the development, he feels strongly that the signal is necessary with the left-turn movement. Mayor Daly. He would like to continue this item and get more information from staff. He was surprised that the traffic counts would be such for that many left turns in a day’s period. He would like the opportunity to get more information. MOTION. Mayor Daly moved to continue Item A11 for two weeks. Council Member Tait seconded the motion. MOTION CARRIED. A12. 176: RESOLUTION NO. 99R- 74 A 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 those certain rights of abutter’s access, each thirty feet in width, to and from Magnolia Avenue and La Palma Avenue, for that certain property located at the northwest corner of La Palma Avenue and Magnolia Avenue – ABANDONMENT NO. 99-8A. (Suggested public hearing date: May 18, 1999, at 6:00 p.m.) A13. 123: Authorizing an Amendment to Agreement with Turner Construction Company, in an amount not to exceed $456,500 to provide for extended and additional Project Representative Services to complete construction of the Anaheim Convention Center Enhancement Project. A14. 123: Approving an Agreement with Keith Companies, Inc., in an amount not to exceed $449,910 for professional civil engineering services (including the Initial Study/Environmental Assessment, a Combined Project Study/Project Report and Plans, Specifications and Estimates) for the Tustin Avenue Overcrossing Widening at the SR-91 Freeway project. A15. 123: Approving the Relocation Agreement with Southern California Edison Company for the Harbor Boulevard/Freedman Way project. A16. 123: Approving Program Supplement No. 033 to the State-Local Transportation Partnership A. Pr ogram Agreement No. SLTPP-5055 for the Kellogg Drive Street Improvement project. B. Approving Program Supplement No. 034 to the State-Local Transportation Partnership Program Agreement No. SLTPP-5055 for the Anaheim Boulevard and Cerritos Avenue Intersection street widening improvement project. C. Approving Program Supplement No. 035 to the State-Local Transportation Partnership Program Agreement No. SLTPP-5055 for the Orangethorpe Avenue (Imperial Highway to Cymbal Street) street improvement project. 11 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 27, 1999 D. Approving Program Supplement No. 037 to the State-Local Transportation Partnership Program Agreement No. SLTPP-5055 for Imperial Highway Smart Street Bridge widening improvement project. E. Approving Program Supplement No. 038 to the State-Local Tran sportation Partnership Program Agreement No. SLTPP-5055 for the northeast corner of Walnut Street/Ball Road street improvement project. F. Approving Program Supplement No. 039 to the State-Local Transportation Partnership Program Agreement No. SLTPP-5055 for the La Palma Avenue street improvement project. A17. 160: Accepting the bid of Anaheim Car Wash, in an amount not to exceed $40,000 for washing and/or detailing various City vehicles, in accordance with Bid #5926, and authorizing the Purchasing Agent to exercise any renewal options. A18. 160: Accepting the low bid of K&D Graphics, in the amount of $46,250 for the printing of the Public Utilities Annual Consumer Confidence Report, in accordance with Bid #5919. A19. 160: Authorizing the issuance of a change order, in a total amount not to exceed $92,630 to CST Environmental, Inc., for lead abatement at the Convention Center, in accordance with Bid #5859. A20. 160: Ratifying the issuance of a change order, in a total amount not to exceed $50,000 from Power Systems Associates, for the rental of a portable emergency generator at Linda Vista Reservoir; and authorizing the Purchasing Agent to issue a purchase order to the lowest responsible bidder in an amount not to exceed $50,000 for a replacement heat exchanger for the existing stationary generator at Linda Vista Reservoir after solicitation of sealed bids. A21. 160: Accepting the alternate low bid of Wesco Utility, in the amount of $76,120 for 1,375 luminaries, in accordance with Bid #5900. A22. 12 3: Authorizing a First Amendment to an Agreement with Image Choice, Inc., in the amount of $69,595.54 for maintenance and support services for the document imaging system for the Police Department. A23. 160: Authorizing the Purchasing Agent, on behalf of the City, to issue purchase orders and execute lease agreements and all related documents and agreements including, but not limited to, license agreements and confidentiality agreements, as may be required for personal computers, laptops, servers, software, network equipment, and peripheral equipment for all City departments. A24. 123: Authorizing a First Amendment to an Agreement with PRC Public Sector, to increase the not to exceed amount to $55,030 for the second year of maintenance for the Computer Aided Dispatch and Records Management System at the Police Department. A25. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a Purchase Order to Fisher Pierce, c/o Matzinger-Keegan, Inc., in the amount of $69,170 for 200 Fault Indicators for Warehouse stock. A26. 125: Authorizing the Finance Director, on behalf of the City, to execute all Service Enhancement Requests with Systems and Computer Technology ( SCT), and taking the necessary actions for implementation. 12 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 27, 1999 A27. 106: Amending the FY 1998/99 Budget by $4,565,500, in conformance with the City Charter. Mayor Daly. He notes the largest part of the amendment is a $2.6 million expenditure for retired employee medical benefits. The staff report mentions this reflects the employee contribution. He wanted to confirm that the entire $2.6 million is from employees. Bill Sweeney, Finance Director. This is the City’s contribution to a reserve. It is not incurring an expense. This is the City’s expense to provide for future health insurance costs for retirees. This is done every year and it is not unusual. He clarified the reason it comes to the Council as an amendment , it is not in the adopted budget. At the present time based on budget estimates, staff projects it is going to require this amount. They are coming to the Council a little earlier this year. Mayor Daly. He surmised they anticipate in the next fiscal year and fiscal years following, $2.6 million is a good estimate with other cost inflators built into it. He asked if the figure would rise and fall dramatically. Mr. Sweeney answered it will, depending on the rate of return of interest earnings, health insurance premiums year over year, etc. It is built into the budget each year so it will not be a surprise. The amount itself will go up over time. It is in the long-range estimates in the budget. Mayor Daly. In making the amendment, the money is going into the reserve fund. He asked where it is coming from ; Bill Sweeney. It is coming from all the other funds of the City which he explained in brief. A28. 106: Approving the proposed budget schedule for review and adoption, and setting public hearings regarding the budget for June 8 and 15, 1999, at 2:00 p.m. A29. 123: Approving the Ninth Amendment to Agreement with Cycom Data Systems, Inc., for computer support services, and authorizing the City Attorney to sign said Agreement on behalf of the City. A30. 142: ORDINANCE NO. 5680 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Subsection .100 of Section 6.44.010 of Chapter 6.44 of Title 6 of the Anaheim Municipal Code relating to nuisances. A31. 123: Approving and executing an Agreement between the City of Anaheim and the Anaheim Union High School District for the period of June 1, 1999, through September 30, 1999, to facilitate Summer Sports Camps. Council Member Feldhaus . He is philosophically opposed to this agreement and wanted to make that statement. He does not think the City should be exposed to any liability on an expense the School District should assume. The camps are not held on City property. Chris Jarvi, Community Services Director stated that they are held on school property ; Council Member Feldhaus. He is going to register a no vote. He noted that Risk Management and the City Attorney’s Office had some problems with this as well. A32. 123: Approving an Agreement with the Anaheim Union High School District to provide Park Ranger patrols of school facilities. A33. 123: Authorizing the City Manager to send a letter to the Magnolia School District exercising the City’s option to extend the existing lease agreement for the joint use of Schweitzer School playground for an additional 25 years. A34. 140: Authorizing the Community Services Department to accept a Library Services and Technology Act grant for $10,000 from the California State Library; and increasing the 13 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 27, 1999 Community Services Department’s Library Services Division budget in the amount of $10,000 in revenue and expenditure account no. 217-213-4250 for Fiscal Year 1998/99. A35. 140: Authorizing the Community Services Department to accept a History Alive! Chautauqua Program grant for $1,000 from the California Council for the Humanities and the California State Library; and increasing the Community Services Department’s Library Services Division budget in the amount of $1,000 in revenue and expenditure account no. 217-213-4250. A36. 000: Approving the waiver of $410 in facility use fees as requested by the Orange Empire Sertoma service organization – camp for the deaf (baseball camp). (Community Services Department.) A37. 139: Approving the recommended positions on the following legislative proposals and communicating the City’s position to appropriate representatives in Sacramento: I. SUPPORT – AB 182 ( Ackerman) regarding the invasion of privacy by concealed cameras. II. SUPPORT – AB 24 ( Maddox) and AB 1195 ( Longville) regarding capping the growth of the Education Revenue Augmentation Fund property tax shift. III. SUPPORT – SB 1171 (Johnson) regarding prohibiting the distribution of handbills in hotel establishments. To consider the recommendation of the Budget Advisory Commission with regards to the Education Revenue Augmentation Fund property tax shift. A38. 144: RESOLUTION NO. 99R- 75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM waiving Notice of Lease Agreement by the County of Orange of certain property located in the City of Anaheim. (Lease of 1,735 square feet of additional classroom and office space at 310 West Cerritos Avenue in connection with its existing North Orange County Youth & Family Resource Center’s 8% Opportunities Program.) A39. 113: RESOLUTION NO 99R-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old. (Housing and Neighborhood Preservation Division of the Community Development Department.) A40. 153: Approving a rate reduction (from $1.49 to $1.29 per employee per month) for the Aetna U. S. Healthcare Temporary Disability Income Plan to be effective March 1, 1999. A41. 000: Receiving and filing the Status of Developer Fee Accounts for the Public Utilities Department, in compliance with state Senate Bill No. 1693. A42. 175: To consider approving the Proposed Five-Year Electric Underground Conversion Plan for Fiscal Years 1999/00 through 2003/04 (Proposed Plan), as recommended by the Public Utilities Board at their meeting of April 1, 1999. MOTION. Council Member Feldhaus moved to continue approval of the subject plan for one week. Mayor Daly seconded the motion. MOTION CARRIED. A43. 123: RESOLUTION NO. 99R- 77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing prepayment and escrow agreements related to the Intermountain Power Project. Authorizing the Public Utilities General Manager, on behalf of the City, to execute said Agreement and any related document necessary to implement said Agreement, as recommended by the Public Utilities Board at their meeting of March 18, 1999. 14 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 27, 1999 A44. 114: Approving minutes o f the Anaheim City Council meeting held March 23, 1999, and April 6, 1999. Roll Call Vote on Resolution Nos. 99R-73 through 99R-77, both inclusive, for adoption: AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL M EMBERS : None ABSENT: MAYOR/COUNCIL MEMBERS : None The Mayor declared Resolution Nos. 99R-73 through 99R-77, both inclusive, duly passed and adopted. END OF CONSENT CALENDAR. Council Member Feldhaus voted no on Item A11. MOTIONS CARRIED. A45. 148: SOU THERN CALIFORNIA ASSOCIATION OF GOVERNMENTS AND ORANGE COUNTY COUNCIL OF GOVERNMENTS MEMBERSHIP: To consider and discuss reinstating the City of Anaheim’s membership in the Southern California Association of Governments ( SCAG) and also becoming a member of the Orange County Council of Governments ( OCCOG). Miriam Kaywood , Anaheim resident. SCAG exists for the seven counties in Southern California who make decisions or have decisions made for them if they do not participate. She was on the SCAG Executive Committee (when she was a Council Member) which entails a great amount of work. She feels it is necessary that the City be represented on the committee. All City Departments will need to give the elected official the proper cooperation in order to go into the meetings on an informed basis. She feels it is a shame the City has not been a part of SCAG these many years. It needs to be part of the association and to make up for the lost time. Submitted was report dated April 27, 1999 from the Government Relations Manager, Kristine Thalman recommending consideration of the subject. Mayor Daly. For some time, they have been encouraged as a City to join both SCAG (Southern California Association of Governments) as well as OCCOG (Orange County Council of Governments). The City Manager has prepared a staff report explaining the costs and benefits of joining each organization. In the audience this evening is Council Member (Mayor Pro Tem) Bev Perry from the City of Brea. Most of the Council Members know her as President of the Orange County League of Cities this year. It was at her urging that he asked that the item be placed on the agenda. She is available to answer any questions they may have about Anaheim’s participation in these two organizations. There is a dues structure for membership in SCAG reflected in the subject staff report. He does not believe there is a cost associated with OCCOG. If they are to join, they must designate a member of the Council to represent Anaheim in each organization. In OCCOG, Anaheim would be one of 32 cities. Currently Anaheim is the only City not a member of OCCOG. Relative to SCAG, most cities in the six-county region of Southern California are members but with some exceptions. Council Member Tait . He asked if they could bifurcate the two and have a separate vote on each. He would support joining SCAG as a regional planning agency since there aren’t any other agencies or groups that do that. Relative to OCCOG, however, he feels whatever they do should be done by the County. There are directly represented officials and also the League of Cities which are members. To him, it seems like another potential layer of government which he does not think they should be a part of. He voted against it when it was formed and he will continue to do so. Mayor Daly. He tends to favor joining each at this time. He has had reservations about the redundancy of COG as has Council Member Tait. He has some concerns about the number of organizations they must belong to to represent the community. On the other hand, he believes COG is doing fine work and making progress on a number of issues. When it comes to SCAG, the regional planning that is being 15 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 27, 1999 done is so crucial on subjects like airports, housing and water, that the City needs to belong to the organization. MOTION. Mayor Daly moved that Anaheim become a member of the Southern California Association of Governments ( SCAG). Council Member McCracken seconded the motion. MOTION CARRIED MOTION. Mayor Daly moved that Anaheim become a member of the Orange County Council of Governments ( OCCOG). Council Member McCracken seconded the motion. Council Members Tait and Kring voted no. MOTION CARRIED. Mayor Daly. He asked the City Clerk to agendize Council appointments of representatives to each of the bodies for the next Council meeting. He knows that Council Member McCracken is interested in representing Anaheim on COG. He asked the City Attorney if the Council could act on that appointment this evening; City Attorney White recommended that it be agendized for the next meeting. Before concluding, Mayor Daly also acknowledged another representative from the League of Cities, Janet Huston as well as Mr. Ralph Bauer, Council Member from Huntington Beach and President of the COG who were present in the Chamber audience and thanked him for being present. (He also noted that Mr. John Koos, also present, is an Anaheim City Planning Commissioner and works for SCAG as well.) RESIGNATION - PLANNING COMMISSION: A46. 105. Accepting a letter of resignation from Paul R. Williams, Planning Commission, and directing the City Clerk to post a notice of vacancy (term expires 6/30/99). MOTION. Mayor Daly moved to accept the resignation of Paul Williams from the Planning Commission, with regret, and directing the City Clerk to post a notice of vacancy for the term expiring June 30, 1999. Council Member McCracken seconded the motion. MOTION CARRIED. APPOINTMENT TO THE BUDGET ADVISORY COMMISSION : A47. 105. Appointment to the Budget Advisory Commission to fill the unexpected vacancy of Cindy Floriani (term expires 6/30/2000). This matter was continued from the meetings of February 9, 1999, Item A12 ; February 23, 1999, Item A25, and March 16, 1999, Item A25 to this date. Mayor Daly. Due to the press of business and some Council Members being out of town, he suggests a continuance of this appointment as well as the remaining appointments under A48 (see below) for one week. APPOINTMENT TO THE PARKS & RECREATION COMMISSION: A48. 105: Appointment to the Parks & Recreation Commission to fill the unexpected vacancy of Ontiveros (term expires 6/30/2000). APPOINTMENT TO THE COMMUNITY SERVICES BOARD: 105: Appointment to the Community Services Commission to fill the unexpected vacancy of Romero (term expires 6/30/2002). APPOINTMENT TO THE INVESTMENT ADVISORY COMMISSION: 105: Appointment to the Investment Advisory Commission to fill the unexpected vacancy of Feltenberg (term expires 6/30/2000). MOTION. Council Member Tait moved to continue appointments to the Budget Advisory Commission, Parks & Recreation Commission, Community Services Board and Investment Advisory Commission for one week. Council Member Kring seconded the motion. MOTION CARRIED. 16 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 27, 1999 ITEM B1 FROM THE ZONING ADMINISTRATOR MEETING OF APRIL 8, 1999 - DECISION DATE: APRIL 15, 1999 INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 30, 1999: ADMINISTRATIVE ADJUSTMENT NO. 157 CEQA EXEMPT {SECTION 15061(b)(3)}: B1. 179: OWNER: J. BRUCE CAMINO, 1915 W. Orangewood, #303, Orange, Ca 92868 LOCATION: 385 Via Montanera. Property is 22,113 square feet having a frontage of approximately 25 feet on the south side of Via Montanera, and a maximum depth of 240 feet and is located at the terminus of Via Montanera. Waiver of minimum structural height to construct a two-story single-family residential custom home. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 157 APPROVED ( ZA DECISION NO. 99-11). Council Member Feldhaus . There is a height limitation in the subject area but he surmises that nobody showed up at the hearing in opposition. Annika Santalahti , Zoning Administrator. Public notification was done within 300’. No one called or communicated in writing any opposition to the proposal. In this case, the deviation is 10% different than code which is a small number. The notification actually says 27 ½ ft. proposed; 25 ft. is allowed. REQUEST FOR REHEARING: B2. WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 4080 179: DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 98-09, AND NEGATIVE DECLARATION: OWNER: Anaheim Ball Landmark, 1536 Stone Canyon Road, Los Angeles, CA 90077 AGENT: Travis Engineering, Attn: Karl Huy, 12453 Lewis Street #201, Garden Grove, CA 92840 LOCATION: 1120-1150 South Anaheim Boulevard - former Dodge dealership. Property is 1.18 acres located at the northeast corner of Anaheim Boulevard and Ball Road. To construct a service station and convenience market with retail sales of beer and wine for off- premises consumption and an integrated fast food restaurant with a drive through lane with waivers of (a) permitted types of signs - DENIED, (b) minimum distance between freestanding signs – APPROVED, (c) minimum landscape setback adjacent to an interior boundary line – DENIED and (d) minimum number of parking spaces – DENIED. To determine public convenience or necessity to allow retail sales of beer and wine for off-premises consumption in a proposed service station convenience market. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4080 GRANTED, IN PART ( PC99-16) (4 yes votes, 1 no vote, 1 absent, and 1 abstained). Waiver of code requirement APPROVED, IN PART, approving waiver (b), and denying waivers (a), (c), and (d). Denied Determination of Public Convenience or Necessity No. 98-09 ( PC99-17) (5 yes votes, 1 abstained, and 1 absent). Informational item at the meeting of February 9, 1999, Item B6. Review of the Planning Commission’s decision requested by Mayor Daly and Mayor Pro Tem McCracken. Public hearing continued from the meeting of March 2, 1999, Item D2. At the continued public hearing held March 16, 1999, the Anaheim City Council Denied CUP NO. 4080 (99R-49), and the Negative Declaration. Determination of Public Convenience or Necessity No. 98-09 was withdrawn. Request for rehearing submitted by Continental Development Group, LLC. 17 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 27, 1999 Mayor Daly. This item was heard on March 2, 1999 and a decision made by the Council. He asked if there was a desire for a rehearing. Council Member Feldhaus . He has no problem with a rehearing if the applicant feels they have something new and different ; Council Member Kring. She would like to hear the matter again. MOTION. Council Member Feldhaus moved to grant the request for a rehearing. Council Member Kring seconded the motion. Before a vote was taken, Mayor Daly stated he would be opposing granting a rehearing. He believes, in the best interest of planning, if the project has changed, it should go back to the Planning Commission. His opinion relative to the project has not changed and he will, therefore, be opposing the request. Council Member Tait . He had previously declared a conflict of interest on the project and abstained when the hearing was held. He will also be abstaining in this case. A vote was then taken on the foregoing motion. Mayor Daly voted no. Council member Tait abstained. MOTION CARRIED. A Public Hearing will, therefore, be scheduled for a later date. PUBLIC HEARING - WAIVER OF CODE REQUIREMENT D1. 179: CONDITIONAL USE PERMIT NO. 4075, AND NEGATIVE DECLARATION: OWNER: Raymond Runo Trust, Norma Hillman, Dan Neyenhuis, Lillian Runo, 1120 Kenwood Place, Fullerton, CA 92831 AGENT: David Jackson, 100 S. Anaheim Blvd., #125, Anaheim, CA 92805 LOCATION: 1575 West Mable Street - Fairmont Private School. Property is 0.89 acre located on the north side of Mable Street, 270 feet east of the centerline of Loara Street. To permit the conversion of an existing 14,775 square foot industrial building into a private elementary and junior high school addition to the existing Fairmont Private School with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4075 GRANTED for 20 years, to expire March 1, 2019 ( PC99-35) (7 yes votes). Approved waiver of code requirement. Approv ed Negative Declaration. Informational item at the meeting of March 23, 1999, Item B2. Letter of appeal submitted by Bryan Industrial Properties, Inc. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News : April 15, 1999 Mailing to property owners within 300 feet : April 7, 1999 Posting of property : April 9, 1999 City Clerk Sohl . A request has been received from Bryan Industrial Properties for a two-week continuance of the subject Public Hearing. Mr. David Jackson, Executive Director, Fairmont Private Schools is present and would like to speak to that request. David Jackson. He would prefer to have the hearing today. Mayor Daly. The Council has to consider the request by Bryan Industrial Properties, the company who appealed the decision of the Planning Commission. 18 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 27, 1999 Council Member Tait stated the Council generally grants the first request for continuance ; Mayor Daly. He is inclined to approve the request as well. City Attorney White. If the Council were not to grant the request, he would be concerned about denial of due process. Acting favorably on the request, in the long run, will save the project applicant time, effort and possibly money because it would be legitimate grounds to request a rehearing without the appellant being heard. Mr. Jackson stated, based on the recommendation, he will go along with the continuance. MOTION. Mayor Daly moved to continue the subject Public Hearing for two weeks to May 11, 1999 as requested by the appellant. Council Member McCracken seconded the motion. MOTION CARRIED. PUBLIC HEARING - WAIVER OF CODE REQUIREMENT D2. 179: CONDITIONAL USE PERMIT NO. 4103 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 99-03 CEQA NEGATIVE DECLARATION: OWNER: Thrifty Oil Company, Attn: Vincent Le Pore, 13539 East Foster Road, Santa Fe Springs, CA 90670 AGENT: David Rose, 3870 La Sierra Avenue, #193, Riverside, CA 92505 LOCATION: 727 South East Street - Arco. Property is 0.49 acre located at the northwest corner of South Street and East Street. Conditional Use Permit No. 4103 - to establish conformity with existing zoning code land use requirements for an existing service station and to convert an existing accessory auto repair/cashier building into a convenience market with retail sales of beer and wine for off- premises consumption with waivers of (a) minimum landscaped setback adjacent to an arterial highway and (b) minimum retail sales floor area. Public Convenience or Necessity No. 99-03 - to determine Public Convenience or Necessity to allow the retail sales of beer and wine for off-premises consumption within the proposed convenience market. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4103 DENIED ( PC99-38) (6 yes votes, 1 abstained). Denied waiver of code requirement. Denied Determinat ion of Public Convenience or Necessity No. 99-03 ( PC99 -39). Denied Negative Declaration. Informational item at the meeting of March 23, 1999, Item B5. Letter of appeal submitted by the Agent, David Rose. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News : April 15, 1999 Mailing to property owners within 300 feet : April 7, 1999 Posting of property : April 9, 1999 Council Member Tait . His engineering firm has done some work in the past as well as currently for ARCO. Because of potential financial implications, he will be abstaining from any discussion or decision on this matter. 19 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 27, 1999 Council Member Tait temporarily left the Council Chamber (6:55 P.M.). Mayor Daly. He asked first to hear from staff. Cheryl Flores, Senior Planner. The property currently involves conversion of an existing service station building to a 24-hour convenience market/service station. She thereupon briefed the specifics of the request as outlined in Staff Report to the Planning Commission dated March 1, 1999. She also reported that in 1987, a similar request for a convenience market with retail sales of beer and wine at this location was denied by the City Council. In concluding, she noted that staff is unable to support approval of the current request because, as demonstrated by the need for code waivers, the property is not large enough to support the proposed intensification. Also, its close proximity to residential and the lack of code- required landscaping does not promote the Redevelopment Agency’s efforts to beautify the area. Mayor Daly noted in her presentation, Ms. Flores referred to the beer and wine request and that customarily it is the convenience market aspect staff believes should be in commercial zones. He asked for clarification. Cheryl Flores. Staff believes this type of service station should be located adjacent to an industrial or other commercial uses rather than so close to residential. Mayor Daly opened the Public Hearing and asked first to hear from the applicant or applicant’s agent. Mr. Barry Berkett, Executive Vice President, Thrifty Oil, 1353 E. Foster Road, Santa Fe Springs, CA. The property is owned by Thrifty who has owned it since 1980. It is currently a service station. Approximately two years ago, Thrifty leased the station to ARCO as well as many other stations. (He briefed the arrangements made between the two companies.) There are incentives to Thrifty and they are trying to give incentives to ARCO. The bottom line is, they are trying to improve the facility and will be taking an existing beer and wine license in the same census tract and transferring it to the facility. There is presently no landscaping or lighting on the property. The proposal makes good sense for Anaheim, ARCO and Thrifty. In addition to transferring an existing license, they have also offered to acquire another beer and wine license in the City, not in the same census tract, and subsequently cancel that license. This will help eliminate the proliferation of licenses generally. He deferred to Mr. Rose. David Rose, The Regents Group, 3870 LaSierra #193, Riverside, CA. The proposal is for the aesthetic renovation and the economic revitalization of a piece of property that operates in what they call a blighted state. He submitted a booklet to the Council entitled ARCO Convenience Store, 727 S. East Street, Anaheim, CA which contained photos and data on the existing station and the proposed changes to be made relating to landscaping (zero existing/2,284 sq. ft. proposed), signage (pole sign existing/monument sign proposed), driveways (four existing/two proposed), and lighting (minimal lighting and security existing/increased lighting and security proposed). (The booklet also contained site plans of the existing structure on the property along with proposed site plans – booklet made a part of the record). Relative to beer and wine, they have purchased a license in the same census tract that is currently in escrow. They are proposing to transfer it immediately from an independent franchisee to ARCO who will operate it as a corporate facility. Mr. Barry Berkett, Thrifty Oil told him today about taking another license out of the City and surrendering the second license. He also referred to the photos in the booklet showing the site from different angles. Relative to staff’s issues, presently there is zero landscaping and they are proposing 2,240 sq. ft. The present pole sign will come down and be replaced by a monument sign. They have voluntarily shut off two driveways on East and South Street and increased the lighting. Condition 39 of staff’s recommendation requires Thrifty to come back to the Planning Commission as a Report and Recommendation for item for signage, landscaping and architectural treatments. What is before the Council tonight is what the site looks like at present with the landscaping as proposed . The two things they are proposing to do, and he has already spoken to staff, they are willing to recommend, but not wanting to violate Council Policy, is to present a new elevation package. He would be more than happy to present that to the Planning Commission and is also willing to work with staff and the Planning Commission on adding some landscaping on East Street. He has spoken with Mr. Jalai of the City’s 20 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 27, 1999 Transportation Department and has basically come to an agreement relative to a minimal amount of landscaping that both the City and Thrifty(ARCO) could live with for circulation purposes. They are taking what is now an eyesore and turning it into something that will be conforming with City code and also be beneficial to ARCO from an economic standpoint. Barry Berkett, Executive Vice President, Thrifty Oil, 1353 E. Foster Road, Santa Fe Springs, CA. They believe in terms of the incentives for them, and he assumes the ARCO representative will also state, the beer and wine license is an important part of the product mix with respect to the convenience store. Beer and wine is an integral part of what their company and ARCO and virtually every oil company has as part of their capital expenditures. Customers look for a mix of products including beer and wine and to the extent that it is not available, traffic patterns may be such that the entire project is not economical. There is no economic incentive to change the status quo without allowing beer and wine. Eric Cahn , Senior Property Management Representative – ARCO. Approval of the CUP will actually benefit the City and its residents by replacing an older, poorly run beer and wine site elsewhere with one tightly controlled, professionally operated and with significant crime-prevention measures. The number of sites does not increase and there is no increased concentration. If there is one, it cannot cause a negative impact on crime and a public convenience will be served for a number of reasons. He thereupon briefed some of the things that ARCO has done for the communities in which they operate and also the training given their employees and the crime-prevention measures taken. Before concluding, he asked Council consideration of one of the conditions imposed, No. 4, which reduced hours to 6:00 a.m. to 10 p.m. The existing station is currently open 24 hours. A significant expenditure will be required to modernize, expand and upgrade the facility but a significant reduction in hours will result in a marginal operation. They have many locations that operate in harmony in residential areas. They are asking the Council to allow them to work together to make the project economically viable. There being no further persons who wished to speak in support, the Mayor asked to hear from those in opposition. The following people spoke in opposition (comments summarized): Mabel Plescia , 819 S. Dawn, Anaheim. Her house backs up to the property. They have lived there for many years. The traffic behind their house has multiplied. The intersection of East and South Streets is a bad one where there have been many accidents. Relative to the Public Convenience and Necessity ( PCN) issue, there is a convenience store two blocks away. There is also a convenience store by Lucky’s. They do not need another. It is a small piece of property. There is not enough room to do what they want to do. No amount of beautification is going to help that corner. It is not an eyesore , it is just a little gas station to get gas. They do not need beer and wine. She is speaking for a lot of neighbors that were not able to be present. Marilyn Helm, 700 S. East Street, Anaheim. She submitted a petition (4 pages) signed by residents in the area asking for denial of the permit for the following reasons which she briefed: (1 )Traffic concerns, (2) Maintaining the integrity of the neighborhoods, (3) There is no need for this type of convenience market, (4) Violates the concept of a stable quality of life for Anaheim residents. She also submitted a copy of a newspaper article from the Orange County Register dated Thursday, July 2, 1987 which discussed Anaheim’s top 10 strategies for improving the economy and the quality of life in the City by the year 2000 and top amongst the Vision 2000 plan was to reduce traffic congestion. She presented pictures she had taken of the area showing where accidents had taken place, where trash was deposited and also submitted a bag filled with the kinds of trash that blows into her yard. The industrial area (nearby) goes home at night. The proposed use will impact them even more and bring into their area an opportunity for people to loiter especially with a store on the property. She emphasized, the residents do not need this – it is not a convenience to the people who live there. It will further impact their lives. There are already gangs in the area. This use will promote interaction. She urged denial of the proposal. 21 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 27, 1999 Bernard Gottlieb , 1237 Crestbrook Place, Anaheim. He spent 28 years with First Interstate Bank as Vice President, Real Estate Section. This proposal will possibly increase the criminal activity that is going on at the present site. He presented pictures of the congestion currently in the surrounding industrial area. The Thomas Jefferson School is 2.8 miles away. He urged that the Council allow the existing recommendation from the Planning Commission to stand because even the original gas station was a misplaced improvement and had to have a waiver to get in. Walter Meister , 1219 E. Crestbrook Plance , Anaheim. He is against selling alcoholic beverages at ARCO. There is a 7-11 store at Santa Ana and East Street and a Lucky’s market in close proximity. There is plenty of traffic and they do not need any more and, as mentioned, there are a lot of accidents at the intersection of East and South Streets. Betty Shoener , 801 S. Dawn, Anaheim. She agrees with what has been stated and would like to reiterate her concerns relative to noise and trash. There are many school kids that walk past the gas station. They do not need another mini-mart in their area. She urged denial of the permit. SUMMATION BY APPLICANT : Barry Berkett. Although years ago Circke K, the previous tenant, had made application to the City to improve the facility, they went bankrupt and are no longer around. Thrifty turned it over to ARCO and what they are now asking is to take some issues the neighbors are complaining about and make improvements. They are trying to come up with a reason for ARCO to improve the station. It will not be a perfect situation. There has to be a “push” and that push is to approve the allowance of a transfer of a beer and wine license in the same census tract in the neighborhood to this facility allowing them to modernize and improve the facility. Otherwise, there is no economic justification to do so. Traffic will not be changed but there will be significant improvements – signage, landscaping and a much-improved security program. It is a request to take an existing business from the 1970’s and make it a 21st Century business. Mayor Daly closed the Public Hearing. Council Members then posed questions to staff for purposes of clarification; Council Member McCracken asked the applicant about the 18 wheelers that are parked on the property and if allowing them to park there was a policy of the operator of the station. Eric Cahn . Not having been aware of the fact that there was a problem, what is being proposed tonight would not change anything. They would work with the people objecting and if notified they will do (or would have done) something whether or not the project goes forward. He would like to emphasize many of the complaints that the residents anticipate, they do not know what the results will be (after the improvements). What is being proposed should not change in a material way what is happening except to improve the site. It will be a benefit. One of the things they could do relative to the trucks is to close a driveway to make it less likely for trucks to be on the property. In fact, it is one of the conditions if the project is granted. Mary McCloskey , Deputy Planning Director. One thing important to note, staff did not find any basis or special circumstances applicable to the project to support the waiver of the code requirements as set forth on page six of the staff report. There is room on the property for the square footage if the station were to be remodeled. They do not see any landscape waivers that could not be remedied. Further discussion and questioning followed between Council Members and staff revolving around the issues of landscaping, driveways, the applicant’s proposal to purchase an existing beer and wine license in the census tract and deleting another somewhere else in the City, etc. Input was also given by Lisa Stipkovich, Executive Director of Community Development who noted that the proposal is in a Redevelopment area and they submitted a staff report recommending denial, one of the key reasons being the alcohol sales. There are currently five licenses in the tract and whether they buy one or not, it will still be above what State law allows in terms of an ABC license. Staff could not understand the necessity that the Council would have to find in this case in order to approve an off-sale premises liquor 22 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 27, 1999 license in this census tract even if one is a swap. The Council would have to make a finding of necessity. It is not a hardship in the sense of the City Council having to approve the land use. It is not consistent with where they are headed in terms of the Redevelopment plan and the proposed overlay zone they are going to be recommending. She confirmed that is Redevelopment staff’s position. Council Member Kring noted the Police Report indicated that the crime rate in the tract is 24% below average ; Sergeant Sutter. The tract (1726) is mainly in an industrial area. He then briefed the crime statistics which showed higher crime rates in the areas to the north and west of the subject tract and lower-than-average rates to the south and east. He also reported on other issues such as the number of licenses, etc. He reported since June of 1996, there have been five violations in AM/PM ARCO stores – gas station/convenience stores where out of the 22 in the City, five had violations of sales to minors. Mayor Daly. They would all like to see improvements at the subject corner. It is an operating gas station 24 hours a day. He would like to ask the applicant to work with Planning and Redevelopment staff to try to find a balance that will work so that there are improvements made to the operation and the neighborhood is left with an enhancement. For the reasons he previously stated, he will be opposing the proposed project but does hope that the owner and applicant will try to find a balance in terms of improving the property. He would like to see the neighbors included in the process. Mayor Daly offered a motion to deny the CEQA finding of a Negative Declaration; Council Member Feldhaus questioned on what basis. City Attorney White. The motion to deny the environmental finding would be in order with the determination that this project could have an adverse effect upon the environment and, there, a negative declaration would not be the appropriate documentation in this case. Mary McCloskey . Staff originally recommended approval of the CEQA negative declaration but at the Planning Commission meeting, there was evidence presented by the neighborhood concerning increased traffic with intensification of land use as well as noise concerns. The Planning Commission based their denial of CEQA on the evidence presented at the Public Hearing. ENVIRONMENTAL IMPACT – DENIAL OF NEGATIVE DECLARATION : On motion by Mayor Daly seconded by Council Member McCracken, the City Council finds that this project could have an adverse effect upon the environment and, therefore, a negative declaration would not be the appropriate documentation in this case. MOTION CARRIED Mayor Daly offered Resolution No. 99R-78 for adoption denying Conditional Use Permit No. 4103 and Resolution No. 99R-79 for adoption denying the Determination of Public Convenience or Necessity No. 99-03. Refer to Resolution Book. RESOLUTION NO. 99R-78 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 4103. RESOLUTION NO. 99R-79 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING THE DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 99-03. Roll Call Vote on Resolution Nos. 99R-78 and 99R-79, for adoption: AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS : Kring ABSENT/ABSTAINED: MAYOR/COUNCIL MEMBERS : Tait The Mayor declared Resolution Nos. 99R-78 and 99R-79, duly passed and adopted. 23 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 27, 1999 ITEMS B3 – B5 FROM THE PLANNING COMMISSION MEETING OF APRIL 19, 1999- INFORMATION ONLY APPEAL PERIOD ENDS APRIL 29, 1999: REQUEST FOR DETERMINATION OF CONFORMANCE WITH THE ANAHEIM B3. 134: GENERAL PLAN : Linda Barry, Real Property Agent, County of Orange Probation Department, 909 North Main Street, Santa Ana, CA 92701-3511, requests determination of conformance with the Anaheim General Plan for the proposed lease of additional space for the Youth and Family Resource Center. Property is located at 310 West Cerritos Avenue. ACTION TAKEN BY THE COMMISSION: Determined to be in conformance with the Anaheim General Plan. REQUEST FOR DETERMINATION OF CONFORMANCE WITH THE ANAHEIM B4. 134: GENERAL PLAN : Michael Worley, North Orange County ROP, 2360 West La Palma Avenue, Anaheim, CA 92808, requests determination of conformance with Anaheim General Plan for the proposed lease of classroom space for the North Orange County Regional Occupation Program. Property is located at 2222 West Sequoia Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: Determined to be in conformance with the Anaheim General Plan. REQUEST FOR DTERMINATION OF CONFORMANCE WITH THE ANAHEIM GENERAL B5. 134: PLAN : Barry Permenter, Real Property Agent, County of Orange, Public Facilities and Resources Department, 300 North Flower Street, Santa Ana, CA 92707, request determination of conformance with the Anaheim General Plan for the proposed sale of County surplus property. Property is located at 8200 East La Palma Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: Determined not to be in conformance with the Anaheim General Plan. Mayor Daly asked staff if they were comfortable with these items (B3, B4 and B5) ; Mary McCloskey, Deputy Planning Director answered yes. City Attorney White. The Council has until Thursday if they wish to set any of these items for a Public Hearing. The statutory appeal period cannot be extended beyond that. Two members of the Council can contact the City Clerk between now and the end of the day on Thursday. If two do so, it will automatically move the items to the following agenda for reconsideration. Mary McCloskey . The County filed this in conjunction with the other entitlements they sought and considered by the Planning Commission on Monday. GPA 362 which is associated with the development of the adjacent property, inasmuch as that GPA was not approved by the Planning Commission, they had to find it was not in conformance with the General Plan. At their meeting on Monday, the Planning Commission approved GPA 362. When the item comes to the Council and the GPA is approved, staff will be recommending that the Council find it is in conformance with the General Plan. This is the second time the County submitted the request hoping that the General Plan Amendment would be approved. They will now be submitting another request since the GPA 362 has been approved. 24 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, APRIL 27, 1999 Mayor Daly. If the Council does not act, he surmises they are endorsing it is not in conformance ; Mary McCloskey. Right now it would not be in conformance because the Council has not yet considered the GPA but will be doing so. The Council will be submitting a request concurrent with that consideration. If the Council approves it, staff will be recommending that they find the County’s proposed sale in conformance with the General Plan. . City Attorney White. First, in answer to the Mayor, the answer is, yes. This statement is correct as of today. The recommendation is that Council take no action. COUNCIL COMMENTS: C2. 114: Council Member McCracken : She announced the Cinco de Mayo celebration to be held this coming weekend (April 30- May2) at LaPalma Park. Council Member McCracken also reported on the trip to Anaheim’s Sister City, Vitoria-Gasteiz, Spain. Three Council Members ( Feldhaus, Kring, McCracken) were a part of Anaheim’s delegation. She also presented Mayor Daly with a gift from the Mayor of Vitoria-Gasteiz. Mayor Daly thanked her ( McCracken) for representing the City so graciously as part of the delegation. He hopes that this relationship between the City and Spain will be beneficial to the students, families and business people of the community. * * * * * * * * * * * * * * * Council Member Feldhaus : He asked that staff research a proper place for display of gifts received from Anaheim’s Sister Cities; Mayor Daly. They should think about a location accessible to the general public but one that would still be secure. In the past, such gifts have been placed in the Anaheim Museum. Council Member Feldhaus also asked that a personnel matter involving City Management be agendized for Closed Session at next week’s meeting. ADJOURNMENT: By general Council consent, the Council Meeting of April 27, 1999 was adjourned (8:08 P.M.). LEONORA N. SOHL CITY CLERK 25