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1999/01/05ANAHEIM, CALIFORNIA- CITY COUNCIL MINUTES, JANUARY 5, 1999 The City Council of the City of Anaheim met in regular session. PRESENT: PRESENT: ABSENT: PRESENT: MAYOR: Tom Daly COUNCIL MEMBERS: Frank Feldhaus, Lucille Kring, Tom Tait, Shirley McCracken, COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl TRAFFIC/TRANSPORTATION MANAGER: John Lower PLANNING DIRECTOR: Joel Fick ZONING DIVISION MANAGER: Greg Hastings SENIOR PLANNER: Linda Johnson A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 11:35 a.m. on December 30, 1998 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall) containing all items as shown herein. Mayor Daly called the meeting of January 5, 1999 to order (3:00 p.m.). 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. 1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existinc~ Litic~ation: Name of case: Delmonico, et al. v. City of Anaheim, et al. (and 18 related cases) Orange County Superior Cout Case No. 70-80-71. 2. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existinc~ Litic~ation: Name of case: In The Matter of The City Of Anaheim, Et AI., SEC Admin. Proc. File No. 3-9739 (LA-772). 3. CONFERENCE WITH LABOR NEGOTIATOR Agency Designated Representative: Dave Hill Employee organization: Anaheim Fire Association. By general consent, the Council recessed into Closed Session. AFTER RECESS: Mayor Daly called the regular Council meeting of January 5, 1999 to order at 5:21 p.m. and welcomed those in attendance. INVOCATION: Bryan Crow, Pastor of the Garden Church gave the invocation ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JANUARY 5, 1999 FLAG SALUTE: Council Member Lucille Kring led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION - COMMENDATION FOR ACT OF HEROISM - TED ROBLES: Fire Chief, Jeff Bowman first explained the program that the Fire Department established about a year ago called "Heart Smart" relating to cardiac, choking, or near-drowning emergencies which has now been expanded to include City employees. He then explained the incident that took place where Ted Robles, Parks & Recreation (Community Services Dept.) came to the rescue of a car accident victim before the Paramedics arrived. It was Ted's quick action in giving CPR to the victim that was instrumental in saving the life of Burr AIrman who was present in the Chamber audience tonight. Ted Robles. He is happy to be present tonight and also to have been at the right place at the right time in helping save Mr. AIrman with thanks also to the City of Anaheim for having the (Heart Smart) program and also to the Fire Department. Chief Bowman then presented Mr. Robles with a Fire Department hat, shirt and also a framed photograph of Ted and Burr AIrman embracing taken a few weeks after the incident. Mr. AIrman was also invited to come forward. Mayor Daly and Council Members personally greeted and commended Ted Robles for getting involved and for the quick action he took in helping to save Mr. Altman. RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: Resolution recognizing Orange County Sheriff Brad Gates on the occasion of his retirement. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $6,664,281.76 for the period ending December 28, 1998 and $1,848,356.32 for the period ending January 4, 1999, in accordance with the 1998-99 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency meeting (5:26 p.m.). Mayor Daly reconvened the City Council meeting (5:28 p.m.). ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Linda Lee Grau, 24 Morning Dove, Irvine 92604. She first referred to Item A3. and suggested that they not go into the urban rail business but improve the roads in the City. She is mainly present this evening to ask the Council to give Savis Roditis his 40 cabs which will help to ease transportation problems. She asked that the item be agendized for the next Council meeting. Shane Smith, 2381 W. Mall Ave., Anaheim (28-yr. resident). With only 165 cabs in a city the size of Anaheim, there is obviously a need for more cabs in the City. If there is a problem with giving Savis Rodiris his cabs based on the belief that there is adequate cab service, perhaps they should let the market forces dictate if that is so. PUBLIC COMMENTS -AGENDA ITEMS: There were no public comments on City Council Agenda items. MOTION: ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JANUARY 5, 1999 Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of January 5, 1999. Council Member McCracken seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A15: 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 Resolution No. 99R-1 and 99R-2, for adoption. 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: a. Claim submitted by Irene Sacks for property damage sustained purportedly due to actions of the City on or about August 27, 1998. b. Claim submitted by Clifford Nader for bodily injury sustained purportedly due to actions of the City on or about January 17, 1998. c. Claim submitted by Hsin-Hsing Lin for property damage sustained purportedly due to actions of the City on or about May 10, 1998. d. Claim submitted by Alexander Rafael lusan c/o Law Offices of Gaber Szabo for property damage sustained purportedly due to actions of the City on or about December 3, 1997. e. Claim submitted by William J. Purpura for property damage sustained purportedly due to actions of the City on or about July 4, 1998. f. Claim submitted by Andrea H. Heizer for property damage sustained purportedly due to actions of the City on or about October 26, 1998. g. Claim submitted by Robed A. Schram for property damage sustained purportedly due to actions of the City on or about November 9, 1998. h. Claim submitted by Americana Restaurant for property damage sustained purportedly due to actions of the City on or about August 22, 1998. i. Claim submitted by Lynne K. Bradley for property damage sustained purportedly due to actions of the City on or about October 5, 1998. j. Claim submitted by Tracy Taylor Valdes for bodily injury sustained purportedly due to actions of the City on or about April 22, 1998. k. Claim submitted by Dona Marlene Conway for property damage sustained purportedly due to actions of the City on or about September 22, 1998. I. Claim submitted by Yacoub R. Rhizlane for property damage sustained purportedly due to actions of the City on or about September 21, 1998. m. Claim submitted by Michelle Meeker for property damage sustained purportedly due to actions of the City on or about October 22, 1998. n. Claim submitted by Russell G. Pigeon and Debra Benson for property damage sustained purportedly due to actions of the City on or about October 8, 1998. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JANUARY 5, 1999 o. Claim submitted by Thin Film Devices, Inc. for property damage sustained purportedly due to actions of the City on or about November 7, 1998. p. Claim submitted by Jeffrey M. Lyons for property damage sustained purportedly due to actions of the City on or about October 5, 1998. q. Claim submitted by John Gibson for property damage sustained purportedly due to actions of the City on or about November 28, 1998. r. Claim submitted by Guillermo Islas for bodily injury sustained purportedly due to actions of the City on or about November 13, 1997. s. Claim submitted by Oskar Zimmerman for property damage purportedly due to actions of the City on or about November 9, 1998. A2. 128: Receiving and filing the Monthly Financial Analysis for four months ended October 31, 1998, as presented by the Finance Director. 114: Receiving and filing a Disclosure of Property Interests in Redevelopment Areas as submitted by Council Member Frank Feldhaus. 000: Receiving and filing a Status of Developer Fee Accounts for the Library Division, in compliance with Sections 66001 through 66006 of the California Government Code. 000: Receiving and filing a Status of Developer Fee Accounts for the Public Works Department. A3. 173: RESOLUTION NO. 99R-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM requesting the Orange County Transportation Authority Urban Rail DEIR/DEIS to study the alignments and station locations depicted, together within technology alternatives to light rail, aesthetics and traffic impact mitigation. Mayor Daly. The Public Works Department has circulated a proposed resolution on this item and is present to discuss the matter if necessary. A Council Member expressed concern because the resolution was not made available to the the Council until late today. He asked staff to comment on the resolution and the timing. It is his understanding that this does not bind the City in any way but simply a recommendation to the OCTA (Orange County Transportation Authority) for the environmental study process. John Lower, Traffic and Transportation Manager. The resolution was requested by OCTA whose Board will be taking action on January 25, 1999 to determine what alternative will be carried forward through their environmental process. The purpose of the resolution is to acknowledge that three alternatives will be carried forward and to express what other alternatives if any the Council would like to include. The resolution also requests that technologies be studied including both proven and cutting-edge propulsion systems and that consideration be given to aesthetic and traffic congestion impacts of the system. Subsequently, a final decision will be made by the OCTA Board as to build or no-build in December of 1999. Mayor Daly. He surmises of the seven cities along the proposed route, each will have the opportunity to suggest which route alignments and station locations ought to be studied; Mr. Lower confirmed that was correct. The Mayor also stated that the City will have the opportunity to offer further input down the road; Mr. Lower confirmed that was also the case, through the EIR process. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JANUARY 5, 1999 Council Member Tait. Since the deadline is January 25 and because he has not had an opportunity to look at the resolution, he would like to ask for a one-week continuance and a vote on this item next week. John Lower, answering the Mayor, explained that a continuance would be a problem for OCTA staff since they are now preparing their staff report to be presented to the Board on January 25. This was requested to be submitted (to Council) late last month, but scheduling did not permit that to happen. Mayor Daly suggested that the Council might want to consider acting this evening and before the 25th if the Council wants to add, subtract or adjust their input, they would have time to do so. He asked if since the Workshop on the subject (held 12/15/98) there was anything new and different in terms of the paper work provided to the Council, i.e., the preferred route alignment and potential station locations, or anything staff is introducing that the Council has not seen before. John Lower. The exhibit is consistent with what was presented at the Workshop. The one additional request added as part of the resolution stems from Council Member McCracken's request to explore both cutting-edge as well as proven technology. It was incorporated into the resolution. Mayor Daly reiterated his suggestion that the item be approved tonight and in the intervening weeks if the Council so desires, to give additional input. Council Member Kring concurred in that suggestion. Before further action was taken, Council Member Feldhaus stated he would like to see some language that they also express a preference for an elevated system so as not to disrupt traffic at street level; after a brief discussion on that issue with staff, Mayor Daly stated that his (Feldhaus) concerns are accommodated in the resolution. Further, as a member of the OCTA Board, he can work toward that goal and to minimize any disruption. All cities share that same concern - building the system efficiently and the least-disrupting to existing traffic flows. Council Member Tait. His concern is whether or not it should be built at all or whether there should instead be more busses or other such means; John Lower. Those questions will be evaluated during the environmental process. Council Member Tait surmised that they will have a chance to vote up or down (build or no build) and recommend to OCTA to build or not to build; John Lower. Between now and December, 1999 the answer is, yes. They will have that opportunity through the environmental process. Mayor Daly. There will be many opportunities for all the cities in Orange County - State officials, County officials, and Federal officials - to comment on whether the system should be built or not toward the end of 1999. At this stage, all that is being evaluated are alternatives and one of the alternatives is not to build it. He reiterated, this decision is simply if the system is to be studied and possibly built, what type of technologies should be used and what routes through the City. It does not bind the Council/City to any particular outcome. Council Member Tait. He would like to add whether it should be built or not, a financial analysis and traffic analysis and that it come back to the Council for a final vote as to which alternative; John Lower. It is part of the no build alternative and staff can ask for Council policy direction as they prepare their comments on the draft documents. Mayor Daly offered Resolution 99R-1 for adoption. Refer to Resolution Book. RESOLUTION NO.: 99R-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY URBAN RAIL DEIR/DEIS TO STUDY THE ALIGNMENTS AND STATION LOCATIONS DEPICTED, TOGETHER WITHIN TECHNOLOGY ALTERNATIVE TO LIGHT RAIL, AESTHETIC AND TRAFFIC IMPACT MITIGATION. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JANUARY 5, 1999 Before a vote was taken, the Mayor noted that the resolution, Page 1, Item 2 (at the bottom) used the word, preference, i.e. "2. Expresses a preference for the route alignment and station locations depicted on Exhibit A, attached hereto." He questioned if that was overstating the case and binding them more than necessary since they simply want that alternative. He suggested dropping, preference, and saying, "expressing a desire for that alignment to be studied." Mr. Lower answered that would be acceptable. Mayor Daly. He will make sure Anaheim has every opportunity to comment on the study process. The system cannot effectively be built unless Anaheim supports the routes and station locations. If Anaheim does not want to see the system built through Anaheim, that would make it very difficult. That holds true for all the cities. Council Member Tait. He does not question the route, but the initial decision whether it makes sense to build urban rail at all. The route right now does not go to the airport (John Wayne) and he thinks that is something that is important to Anaheim - that it be connected to the airport. Mayor Daly reiterated his suggestion modifying the proposed resolution clarified as follows: "Requests study of the route alignment and station locations depicted on Exhibit A, attached hereto" and dropping "expressing preferences for.. .". He noted a representative from OCTA was present in the Chamber audience and asked if that minor change was acceptable; the OCTA representative acknowledged that was acceptable. A vote was then taken on the foregoing resolution with the change as articulated. Roll Call Vote on Resolution No. 99R-1 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 99R-1 duly passed and adopted. A4. 160: Accepting the low bid of Advantage Emissions Systems, in the amount of $38,173.45 for the purchase and installation of a smog check system for Fleet Maintenance. A5. 160: Accepting the bid of Wesco Utility, in the amount of $64,600 for two vacuum circuit breakers, in accordance with Bid #5865. A6. 160: Accepting the low bid of Leonard Chaidez Tree Service, in the amount of $86,142 for the full trim of 1,780 trees, in accordance with Bid #5870. AT. 123: Authorizing the Purchasing Agent to issue a purchase order to CCG Systems, Inc., in an amount not to exceed $99,500; authorizing the execution of an Agreement with CCG Systems for proprietary application programs, documentation and technical support services from CCG; and authorizing the Purchasing Agent to issue a purchase order to Oracle Corporation, in the amount of $43,080 for database Oracle 8 software with thirty concurrent users and annual support. (Fleet Maintenance) Mayor Daly. The Oracle Corporation has been a source of income to him. He is, therefore, declaring a conflict and will be abstaining from voting on this item. A8. 160: Authorizing the Purchasing Agent to exercise the renewal option and future renewal options with Southern Counties Oil Company, in an amount not to exceed $1,057,500 for an estimated ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JANUARY 5, 1999 270,000 gallons of diesel #2, and 750,000 gallons of premium unleaded gasoline for a period of one year, beginning in January, 1999, in accordance with Bid #5730. Council Member Tait. His firm does work for the Southern Counties Oil Company. He is, therefore, declaring a conflict and will be abstaining from voting on this item. A9. 185: Determining, on the basis of the evidence submitted by The Irvine Company, that the property owner has complied in good faith with the terms and conditions of Development Agreement No. 91-01 for the Mountain Park Project, for the 1997-1998 review period. A10. 185: Determining, on the basis of the evidence submitted by the Walt Disney World Company, that the property owner has complied in good faith with the terms and conditions of Development Agreement No. 96-01 for the Disneyland Resort Project, for the 1997-1998 review period. All. 123: Approving an Agreement with Donahue Schriber for the use of the Community Room at Anaheim Plaza ("Plaza Place"), at no charge to the City, for a variety of training courses by the Police Department, through December 1999, and authorizing the Chief of Police to execute said Agreement on behalf of the City. A12. 123: Approving the renewal of a contract with the Inmate Communications Corporation to provide telephone services to the Police Department Temporary Detention Facility from September 29, 1998, through September 30, 2000. A13. 142: ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANHEIM repealing Chapter 4.29 of, and adding new Chapter 4.29 to Title 4 of the Anaheim Municipal Code relating to massage establishments. Council Member Kring. She asked the City Attorney why the addition of new regulations for those who want to open up massage establishments are coming into play. City Attorney White explained the reasoning also giving an historic overview noting that Anaheim currently has five massage establishments other than those incorporated into sports clubs or health spas at least three of which they believe to be legitimate, reputable establishments. Approximately once a year, there are criminal prosecutions for prostitution problems connected with massage parlors in Anaheim. What is being proposed in the subject ordinance is not so much the result of current enforcement problems but a desire of both the Police Department and the City Attorney's Office to keep ahead of the curve with regard to potential enforcement problems. It is the belief if they do not continually review and tighten up the City's ordinances, there is a likelihood as other cities move in the direction of tighter regulations, these establishments might look to Anaheim to locate because Anaheim would not have the same stringent requirements. What is being proposed is basically to require additional training and proof that the technicians have training in the practice of providing massage. They would have to take a test and pass it. It will also require the operator to pass a test that they have knowledge of the provisions of the ordinance. He realizes this type of regulation has a secondary issue which is to impose additional burdens on those establishments that are legitimate. The problem is that there is not a way to write a regulation that can only apply to places they believe to be the so-called illegitimate establishments without applying those to the legitimate places as well. Council Member Kring. Her concern is that the situation is being looked at with a microscope and the regulations have become overly burdensome to this particular industry. It might scare off businesses that are legitimate from coming to Anaheim. She would like to see them not quite as stringent as this proposal presents itself. She asked if there is any way the ordinance can be modified; Mayor Daly asked if she had any suggestions. Council Member Kring. She is concerned going back ten years in a person's background. If they present the fact that they are a graduate of an accredited massage therapy school that should be taken into ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JANUARY 5, 1999 account and not have them constantly come up before a regulatory agency every three years for further testing particularly if there is no problem, no Police activities, no calls of any illicit problems going on in the establishment, etc. City Attorney White. If it is Council's desire, he can modify the ordinance to take out some of those types of provisions. If the Council as a whole would like to continue the matter, he could work on modifications and talk to Council Member Kring or any other Council Members. Council Member Feldhaus. He also has concerns relative to applying the same standards to major hotels who offer massages as part of guest services (requiring the technician to have an Off-Premises Permit) noting what he considers the impracticality of some of the provisions which he briefed. City Attorney White clarified that the (major) hotels would also have to comply and, in fact, some of the problems they have with the non-legitimate types of businesses do occur in hotel and motel rooms. After additional discussion and questioning between Council Members Feldhaus, Kring and the City Attorney relative to the provisions proposed, Mayor Daly asked if the Police Department was involved in crafting the requirements. City Attorney White. It was a joint effort between the Police Department and the City Attorney's Office. If it is carried over to consider modifications (as suggested by Council Members Kring and Feldhaus), he would recommend that the Police Department be involved in reviewing those changes and to make suggestions. He also clarified for the Mayor that, to his knowledge, the Visitor and Convention Bureau was not apprised of the proposed new requirements. Mayor Daly. A one-week continuance will give the opportunity to speak to the City Attorney to address the issues that have been broached; City Attorney White requested two weeks. MOTION. Council Member Kring moved to continue this item to January 26, 1999. Council Member Feldhaus seconded the motion. MOTION CARRIED. A14. 184: RESOLUTION NO. 99R-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring the City of Anaheim to be subject to the provisions of the public resources code of the State of California pertaining to geologic hazard abatement districts. A15. 114: Approving minutes of the Anaheim City Council meetings held December 1, 1998, December 8, 1998, and the special meetings held December 2, 1998, and December 8, 1998. Roll Call Vote on Resolution No. 99R-2 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MAYOR/COUNCIL MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly MEMBERS: None MEMBERS: None The Mayor declared Resolution No. 99R-2 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. ORDINANCES FOR INTRODUCTION: Mayor Daly offered the following ordinances for introduction: B1. ORDINANCE NO. 5660 (INTRODUCTION) Amending Title 18 to rezone property under Reclassification No. 97-98-19 located at 1777-A West Lincoln Avenue from the CG zone to the CL zone. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JANUARY 5, 1999 B2. B3. ORDINANCE NO. 5661 (INTRODUCTION) Amending Title 18 to rezone property under Reclassification No. 98-99-02 located at 3038 West Orange Avenue from the RS-A-43,000 zone to the RS-5000 zone. ORDINANCE NO. 5662 (INTRODUCTION) Amending Title 18 to rezone property under Reclassification No. 98-99-03 located at 1915 West Ball Road from the RS-A-43,000 zone to the RS-7200 zone. Mayor Daly noted that relative to today's Public Hearings, requests for continuances had been received on two of the items; City Clerk Sohl confirmed that request for continuance had been received on Item D3. and D4. D3. 179: PUBLIC HEARING - RECLASSIFICATION NO. 98-99-05 CONDITIONAL USE PERMIT NO. 4047, AND NEGATIVE DECLARATION: OWNER: Hunter's Pointe Homeowners Association, 14600 Goldenwest Street, 102-A, Westminster, CA 92683 AGENT: TDI, Inc., Attn: Adan Madrid, 3150 Bristol Street, #250, Costa Mesa, CA 92626 LOCATION: 6900 East Canyon Rim Road. Property is 3.05 acres located on the south side of Canyon Rim Road, 180 feet west of the centerline of Fairmont Boulevard. Reclassification No. 98-99-05 - to reclassify subject property from the RS-HS-10,000 (SC) (Residential, Single-Family Hillside) (Scenic Corridor Overlay)) Zone to the RS-A-43,000 (SC) (Residential/Agricultural) (Scenic Corridor Overlay)) Zone or a less intense zone. Conditional Use Permit No. 4047 - to construct telecommunications antennas on an existing lattice tower (Edison) structure and ground-mounted accessory equipment. ACTION TAKEN BY THE PLANNING COMMISSION: RECLASSIFICATION NO. 98-99-05 GRANTED, UNCONDITIONALLY, (PC98-176) (6 yes votes, 1 absent). CUP NO. 4047 GRANTED, for five years, to expire November 9, 2003 (PC98-177). Negative Declaration previously approved. Informational item at the meeting of December 1, 1998, Item B2. Review of the Planning Commission's decision requested by Council Members Feldhaus and McCracken. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News: December 24, 1998 Mailing to property owners within 300 feet: December 18, 1998 Posting of property: December 23, 1998 Mayor Daly asked if anyone was present on Item D3. No one was present. Council Member Feldhaus. He had requested that this be set for a Public Hearing but his concerns have since been addressed and he is now satisfied. City Attorney White. If the Council wishes to proceed tonight, the hearing can be opened, closed and an action taken. Mayor Daly. He shared the initial concerns of Council Member Feldhaus. Staff had recommended denial. The Homeowner's Association had a concern relative to where the facilities are going to be built but the association supports the idea because there is revenue involved to the association. He asked for a brief staff summary. Greg Hastings, Zoning Division Manager. Staff recommended denial basically because the antennas would be visible from points on Canyon Rim Road as well as the golf course. There are people in favor ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JANUARY 5, 1999 as well as in opposition. One of the neighbors was in the association; persons outside of the association were affected as well. Staff was interested in working further with the applicant to try to find another method to hide the antennas from public view as much as possible. They are in plain view from certain locations simply because they would be on an Edison tower that is existing. Council Member Kring asked for clarification that the applicant said they were going to camouflage the towers effectively; Greg Hastings. The camouflage would be for the equipment that is on the ground. There is also ground-mounted equipment that would be screened successfully. Landscaping would not screen the antennas which are up to 66' high on the existing tower. Council Member Feldhaus stated there is a lot of tree growth on E. Canyon Rim Road. He drove by the area twice. The Edison transmission towers are there with two 8' bell dishes. On the other side is the canyon and there is a cul-de-sac of home owners. They were not the ones in opposition. He satisfied himself the antennas are not going to be obtrusive. He has changed his mind and would move approval at this time. Mayor Daly asked the City Attorney if the hearing is conducted and there is a split vote, if he is concerned with that prospect if the applicant has asked for a continuance. City Attorney White. His concern would be if the Council acts tonight and denies the applicant's request without the applicant being present when he has asked for a continuance. He (White) originally perceived the Council was going to act on the matter and approve it tonight. They could do that since that is what the applicant asked and there is no opposition. However, if the Council is not going to do that, the matter should be continued as requested so that the applicant can present his case. Joel Fick, Planning Director. He advised there were members of the public that were made aware of the request for the continuance. Whether they would have showed up or not this evening he does not know. He is saying, there may have been people who knew that the request for a continuance had been made. MOTION. Mayor Daly moved that the Public Hearing be continued as requested by the Applicant to January 26, 1999. Council Member Kring seconded the motion. MOTION CARRIED. D4. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3921, AND NEGATIVE DECLARATION: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3921, AND NEGATIVE DECLARATION: OWNER: F. J. Hanshaw Ent., Inc., 10921 Westminster Ave., Garden Grove, CA 92843 AGENT: Desapriya Jinadasa, 1112 N. Brookhurst St., Suite 1, Anaheim, CA 92801 LOCATION: 1112 North Brookhurst Street, Suite 1 - Cheers Market. Property is 0.91 acre located north and east of the northeast corner of Brookhurst Street and La Palma Avenue. To consider reinstatement of this permit which currently contains a time limitation (until April 28, 1999) to retain the retail sales of alcoholic beverages for off-premises consumption within an existing 2,200 square foot convenience market, to consider amendment or deletion of conditions of approval pertaining to hours of operation, sales of hot food or self-serve soft drinks, window signs and exterior public telephones, and to waive minimum number of parking spaces to permit and retain self-service soft drink dispensers inside the convenience market. The petitioner also requests review and approval of final landscaping and sign plans in conjunction with the previously-approved convenience market. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3921 APPROVED, IN PART, to expire November28, 1998 (PC98-181) (6 yes votes), and APPROVED waiver of code requirement. Negative Declaration previously approved. Informational item at the meeting of December 1, 1998, Item B6. Review of the Planning Commission's decision requested by Mayor Daly and Council Member McCracken. 10 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JANUARY 5, 1999 PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News: December 24, 1998 Mailing to property owners within 300 feet: December 18, 1998 Posting of property: December 23, 1998 Cheryl Thomas, Attorney representing Cheers Market, 200 W. Santa Ana Blvd., Santa Ana 92701. She requested a continuance of the Public Hearing (see letter dated January 5, 1999) without a specific date. The property has suffered double losses. There was a Federal law suit between the property owners and there was the appointment of a Federal Receiver for this center. The receiver is still operating this center on behalf of the owners. They are awaiting the official decision of the Federal judge as to how to split the property between the owners. Secondly, there was an eminent domain law suit filed by Caltrans against all of these tenants and a partial taking of the property. The property manager is unable to be present tonight to address any issues. She thereupon requested a continuance of this matter on behalf of her client until January 26, 1999. The Mayor asked if the request for continuance should be honored; City Attorney White. Under law, once the Receiver is appointed, he/she is tantamount to the owner and the only one capable of making commitments as to what the property owner will do. Since this is the first request, he would recommend it be continued until January 26, 1999. Mayor Daly. While the Federal courts are determining who the property owner is, there are time limits and operating hours to deal with. He asked if that is a concern of the Council; City Attorney White. The concern is to make sure someone is present who his capable of making commitments for this property and what will happen to it. There is no one here tonight who can do that. Cheryl Thomas. Someone will be making an appearance on January 26, 1999. MOTION. Mayor Daly moved to continue the subject Public Hearing to January 26, 1999. Council Member McCracken seconded the motion. MOTION CARRIED. The Council then reverted to the usual order of Public Hearings. D1. 179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3802, AND NEGATIVE DECLARATION: OWNER: EIva M. West and Nadine C. West, 5201 E. Crescent Drive, Anaheim, CA 92807 AGENT: Carolyn M. Staehling, 1500 East Lincoln Avenue, Anaheim, CA 92805 LOCATION: 1500 East Lincoln Avenue - Eastside Jewelry and Loan. Property is 0.79 acre located on the south side of Lincoln Avenue, 1,480 feet west of the centerline of Cliffrose Street. To consider reinstatement of this permit which currently contains a time limitation (approved on October 30, 1995 until October 30, 1998) to retain a pawn shop within an existing commercial shopping center and to amend or delete a condition of approval pertaining to permitted hours of operation. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement of CUP NO. 3802 for three years, to expire 10/30/01 (PC98-171) (6 yes votes, 1 absent). Negative Declaration previously approved. Informational item at the meeting of November 17, 1998, Item B5. Review of the Planning Commission's decision requested by Mayor Daly and Council Member McCracken. Public hearing continued from the meeting of December 15, 1998, Item D3. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News: December 3, 1998 Mailing to property owners within 300 feet: December 3, 1998 Posting of property: December 4, 1998 11 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JANUARY 5, 1999 Mayor Daly. When this matter was heard previously (see minutes of December 15, 1998 where extensive discussion and input took place), he (Daly) had questioned the signage associated with the subject pawn shop, his concern being the size of the signage, etc. Planning staff has submitted a memo (see Staff Report dated January 5, 1999 from the Planning Department - Subject: CUP No. 3802 - Reinstatement of Permit for Existing Pawnshop Facility at 1500 East Lincoln Avenue). It recommended that the Council uphold the action of the Planning Commission which was to allow the pawn shop to operate for three additional years. It also suggested additional conditions dealing with the signage as well as with the landscaping on site. He asked staff if they had an opportunity to discuss their recommendations with the applicant. Joel Fick, Planning Director. Staff discussed both signage and landscaping issues with the applicant. Unfortunately they were unable to reach an agreement on what the applicant was willing to do. To summarize, they recommended that the Council sustain the previous approval of the Planning Commission with two changes - (1) an amendment to condition No. 10 regarding signage (see (a) through (d) on page 1 of the report) which would do nothing more than bring the present sign into existing code standards. A discussion took place at the last Council meeting as to what could legally be imposed. He briefed the four items listed (balanced and symmetrical appearance, sign supports enhanced to be uniform and compliment the on-site buildings, code requirements - height - 25 feet, width - 20 feet, square footage-165 square feet, maximum one sign panel per tenant). (2) Add a condition of approval (No. 11) relating to landscaping (submit a landscape plan in 60 days to Zoning Division staff showing eight minimum 15-gallon sized trees and parking lot screening shrubbery planted on-site adjacent to Lincoln in accordance with the plan within a period of 30 days of staff's approval). After questions were posed to staff by Council Member Kring for purposes of clarification, Mayor Daly reopened the Public Hearing and asked first to hear from the applicant. Mr. George Staehling, tenant (pawn shop) in the center, 18200 Avenida Bosque, Murrieta, CA 92562 speaking for his wife, Carolyn Staehling (Agent). He asked first for clarification as to what modifications and what sign; Joel Fick clarified for the Mayor that Ted White, Planner/Planning Department staff spoke with Mr. Staehling relative to the situation. Mr. Staehling then explained that the signs have been repaired as evidenced by the photographs he is submitting (made a part of the record); Mayor Daly asked if there was a conversation about the suggested additional conditions relative to changes to the sign and landscaping. George Staehling. There was. The petitioner indicated any reduction or modification would be detrimental to the business which was the testimony at the last meeting. The language in the report is an excerpt of existing code requirements and that was the discussion staff had. Mr. Fick explained for the Mayor that the sign is an existing non-conforming sign and the reason it is back is because of the new permit request. Mr. Staehling then submitted signatures (and names and addresses) of people who saw the sign just driving by the business. He believes there are 329 or 339 signatures (made a part of the record). Elva West, owner of the property. As he stated at the last meeting (see minutes of December 15, 1998) he built the building for himself and after retiring, he leased it to a carpet store which did quite well but was a problem for them. When their lease was up and Mr. Staehling asked to locate his business there, he (West) was concerned but was assured it would be a clean operation and it has been just that. The first three years were very difficult for the business but the Staehling's have made the business a success. It is just now beginning to pay off and he feels it would be unfair if the business was not allowed to continue as it is. He then asked for clarification relative to the trees; Joel Fick. He explained the condition suggested requires trees and landscaping to be within the landscape portion. The suggestion was that eight trees be planted within the existing planter. 12 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JANUARY 5, 1999 Mr. West stated that the City initially demanded he put in trees in the parkway and those trees are there. The planting area on his side of the sidewalk actually belongs to the City but he was forced to plant that and maintain it. As far as planting more trees on the parkway on the City side, that is all concrete except for the wells and it would not be possible without tearing up the concrete. Discussion then followed between Mr. West and Mayor Daly relative to Mr. West's remarks on his feeling that the City tries to hurt small businesses which was refuted by the Mayor who also noted that very few cities would tolerate a sign of the size that is there as well as the fact there are few cities, if any, that allow pawn shops. The Mayor then asked to hear from others who wished to speak. Wade Stelzer, 2500 W. Lincoln Avenue, Anaheim (business) - resident of Cypress. He is the other pawn broker in the City (30 years). He is going out of business the end of this month and is sending his customers to Mr. Staehling's business. He has seen his business and the sign. If he could have a sign that size, he would have it because it is important for a pawn shop to be seen. The sign has to be there. They should support the business as best they can because they (the Staehlings's) are worth it. Scott Munson, 1604 E. Redwood, Anaheim, CA 92805. He works part time at the pawn shop in the afternoons. He then briefed the kinds of people who utilize the business and the fact that it helps many who are in need. Relative to being able to see the sign from the school, the words pawn shop are not visible anywhere from the school. There are children from the school who come in with their parents who can buy, for instance, a Nintendo game for 1/3 of what it is sold for elsewhere. He asked that they consider the families and the service that the Staehling's provide. He submitted photographs of other signage in the immediate area (made a part of the record). Mayor Daly. He appreciates that Mr. Munson took the time to take photos of some of the other signage. His concern is the signage from East Street to State College Boulevard and his goal is to try to clean up that corridor- add more landscaping, eventual undergrounding of utility poles, etc. There is a push he makes continually to try to reduce the size of signage wherever possible. There are exceptions to every standard. Mr. Munson said he believes a lot of the signage in the area is too much (as evidenced by the photos) and that is his (Daly's) point as well. Mr. Munson asked that they look at the condition of the other signs in comparison to their "beautiful" sign. Their business is set back off the street and they do not have foot traffic. The sign is what allows people to see there is a pawn shop located there. Linda Lee Grau, 24 Morning Dove, Irvine. A pawn shop is a voluntary association for profit helping people in desparate situations. She asked that they protect the Eastside Pawn Shop business. Irv Pickler (former Council Member), 2377 Mall Avenue, Anaheim (42 years). Anaheim is a beautiful place to live. It has come a long way. He does not want to put anybody out of business. When there is an opportunity to make improvements, for a business to spend a few dollars to make those improvements, is not asking too much. With only one or two pawn shops in Anaheim, people will find them. It is positive that they are helping people in need but as far as cleaning up the City, no matter where it is, it is something the Council needs to continue to do. Summation by Applicant: Mr. George Staehling. Three years ago he was given the go-ahead to open the pawn shop but before that happened, there were a lot of things he had to go through. Those were nothing in comparison to what he had to do under DOJ (Department of Justice) regulations which included putting $100,000 cash in the bank before opening the pawn shop. It took a long time to save that money. Mayor Daly closed the Public Hearing and asked staff if there was anything they would like to add. 13 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JANUARY 5, 1999 Joel Fick, Planning Director. For clarification, staff's recommendation in terms of the land use was in concert with the Planning Commission decision, that the CUP be granted for three years. He reiterated the only two additional recommendations pertained to the sign and landscaping which he again briefed. Extensive discussion then followed wherein questions were posed to staff and the principals and comments made by the Mayor and Council Members specifically revolving around the signage and landscaping. Mayor Daly reiterated his concern and desire for upgrading as proposed by staff; Council Member Feldhaus offered some suggestions as a compromise, one being to give additional time to comply with code standards on the sign; Council Members Kring and Tait expressed their concerns that if the business owner is forced to comply with staff's recommendations (which were not a part of the Planning Commission's approval) especially with regard to the sign because of the cost involved, that he will be forced out of business; Council Member McCracken feels that the business should be allowed to continue but it is necessary to upgrade not only this community but others that are aging and perhaps make some arrangements to give this particular property owner additional time to change the image projected and subsequently work with other property owners along this corridor to do the same. At the conclusion of further discussion, questioning and debate, Mayor Daly reiterated and emphasized that they cannot back off from asking people to comply with City codes because of the contention that it might lead to him shutting down his business - that a pawn shop might go out of business because they are asking the property owner to make aesthetic improvements. He emphasized again that most cities in Orange County do not even allow pawn shops and the least they can do in this case is make it as attractive as possible. The City's professional Planning staff has made a recommendation which is very clear about the signage and landscaping. He will only support the permit if all the recommendations of staff are part of it. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Tait, seconded by Council Member Kring, 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. Council Member Tait offered Resolution No. 99R-3 for adoption reinstating and approving CUP No. 3802 in accordance with the City Planning Commission's decision with no changes relative to the sign and the landscaping. Refer to Resolution Book. RESOLUTION NO. 99R-3: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3802. Before a vote was taken, Mayor Daly asked for confirmation that the resolution offered is to approve the permit without the additional conditions recommended thereby not requiring any changes to the sign or the additional landscaping (i.e., the additional language contained in Planning Staff Report of January 5, 1999 relating to signage and landscaping); Council Member Tait. It is offered as approved by the Planning Commission with the conditions they imposed but not including staff's additional recommendations. Roll Call Vote on Resolution No. 99R-3 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait MAYOR/COUNCIL MEMBERS: McCracken, Daly MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 99R-3 duly passed and adopted. 14 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JANUARY 5, 1999 Mayor Daly, before concluding, asked if as a result of the vote will there by any changes to the sign at all; Mr. Fick answered that there has been a clean-up of the panels which was done to comply with the Planning Commission resolution/approval (see amended Condition No. 10 of PC 98-71). D2. 179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 4050 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO.-98-07 AND NEGATIVE DECLARATION: OWNER: Pietro Trozzi and Maria Trozzi, 9471 Gateshead Dr., Huntington Beach, CA 92646 AGENT: David E. Harper, AIA, 1321 W. Cerritos Ave. #15, Anaheim, CA 92802 LOCATION: 3240-3268 West Lincoln Avenue - Centralia Center. Property is 1.49 acres located east and south of the southeast corner of Westchester Drive and Lincoln Avenue. Conditional Permit No. 4050 - to establish conformity with existing zoning code land use requirements for an existing commercial center, a 2,200 square foot meat and produce market, a 2,340 square foot convenience market with sales of alcoholic beverages for off-premises consumption and to permit the sales of beer and wine for on-premises consumption within an existing 5,005 square foot billiard hall with waiver of minimum number of parking spaces. Determination of Public Convenience or Necessity No. 98-07 - to determine public convenience or necessity to allow the sales of beer and wine for on-premises consumption within an existing billiard hall. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 4050 GRANTED, IN PART, denying beer and wine sales in the billiard hall. (PC98-167) (6 yes votes, 1 absent). Determination of Public Convenience or Necessity No. 98-07 WITHDRAWN. Approved waiver of code requirement. Approved Negative Declaration. Informational item at the meeting of November 17, 1998, Item B2. Letter of appeal submitted by the Applicants, Pietro and Maria Trozzi. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News: December 24, 1998 Mailing to property owners within 300 feet: December 18, 1998 Posting of property: December 23, 1998 Mayor Daly. This item comes to the Council as an appeal item by the Applicant who disagrees with the Planning Commission action. He asked for a brief summary by staff. Greg Hastings, Zoning Division Manager. He briefed the Staff Report to the Planning Commission dated October 26, 1998 which described the location, the request, and gave the background information specifically relating to the subject property/business. Mayor Daly asked Planning staff if they had drawn up proposed additional conditions in the event that the beer and wine application were to be approved. Greg Hastings. He answered, yes. Those conditions are contained in the Staff Report but not adopted by the Planning Commission; Joel Fick, Planning Director. He clarified that the set of conditions relative to the beer and wine were not imposed but staff always includes those in case the permit is approved. Mayor Daly asked staff if there was anything further they would like to add to the proposed conditions in the event beer and wine were to be approved; the answer was no. Mayor Daly opened the Public Hearing and asked first to hear from the Applicant or Applican'ts Agent. 15 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JANUARY 5, 1999 Applicant's Statement (summarized): Mr. Rick Blake, Attorney representing the Trozzi's - 2700 N. Main Street, Santa Ana. Maria Trozzi is the operator of the pizza and billlard business. The only reason they are appealing is for the opportunity to sell beer at the billlard business. He believes there can be a strong showing for public convenience and necessity (PC&N) for the request. There was some misunderstanding that took place at the Planning Commission with regard to what the business consists of. The business is located in a little shopping center at Westchester and Lincoln. It is located next door to a cocktail business that sells alcoholic beverages without the benefit of food. There is a market in the center that also sells alcoholic beverages. The subject business operates as a pizza restaurant serving beverages, sandwiches and snack items. It also offers billiards. On many days, profits from the sale of food is greater than the sale of billiards. The request is to sell only beer. He has proposed some conditions the he believes would be appropriate if the request is approved. He thereupon submitted a list entitled, Conditions to be Imposed in Connection with the Appeal from the Planning Commission's Decision Under CUP No. 4050 which listed eight conditions (made a part of the record). Customers of the business range from families to single people. Some people who come to play pool or order pizza, when they find out that no beer is available, they leave. The business is suffering significantly from the lack of an opportunity to sell beer. Beer and pizza go together. The business is on the corner of the center and is completely glass walled. The view into the business is unobstructed. It is not a pool hall or a bar, but a family billlard center with food. The area has a very large pedestrian traffic and the majority of clients come by foot. The crime rate in the area may be higher than average, but the number of licenses appears to be lower than otherwise permitted for the area. There are no other places to buy pizza in the area. They feel that the problems that the neighbors have complained about regarding trash, etc., are not reflective of the business. They are going to undertake as part of the overall CUP to upgrade the property as evidenced by a number of the conditions he just submitted. He asked that they add to the conditions of approval, sales of alcohol limited to beer only, and they would be willing to proceed on a one-year trial basis. If at the end of the year there is a problem, the Council can take the appropriate action. Additional input in support of CUP No. 4050 (and sale of beer at the business) - comments summarized: David Harper, Architect, 1321 Cerritos Avenue, Anaheim. The existing billlard hall down the street on Lincoln has served beer for a long time and that is part of their practice. They are asking for the same thing. This is a family-owned operation. They own the center. They do not want to jeopardize any condition that will affect any of the other patrons, owners or customers that are going to other places. He asked that the City treat this billlard center as they would a standard, normal billiards center which was licensed there before. This center has been in existence for a long time. He believes what was missed in the presentation to the Planning Commission was that they are not asking for something new that could affect the crime rate. They would like the capability of serving beer with pizza. They are asking the City to recognize what other cities recognize in the pursuit of a method of entertainment for young men and women to enjoy a game of billiards after work. Rajim Sail (sp.), business owner at 2161 W. Lincoln, A-B Market. This is a safe area and a family area. He has been to the business many times because it is close to his house. He goes there with his family. He hopes he can drink beer at the establishment. Leander Paul Boushay (sp.), 7891 Oleander Circle, Buena Park. He and his friends have been frequenting the subject pool hall for almost two years. They would very much like to have beer at Marias and would like to be able to stay there instead of going to another establishment in Buena Park (Aloha's) to have a beer. They all live within walking distance. It would be nice if they did not have to go and take their business someplace else. Sammy Dagastani (sp.), 111 N. Richmond Dr., Anaheim. He enjoys going to the billlard parlor because it is not like going to a bar. They would like to have beer. Public input in opposition: 16 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JANUARY 5, 1999 Bette Wittard, 138 S. Westchester Drive, Anaheim, Property Manager for Glen Forest, a 400-unit apartment complex by the shopping center where old people, families and many children live. The children go to school at Danbrook and Western High School. She is on many committees. This shopping center has drawn a lot of crime. The crime rate in the area is high. The shopping center is in a bad state of disrepair which she explained. She also submitted photos of the center which visually depicted some of the problems she reported (made a part of the record). There has been some cleanup since the Planning Commission hearing. The apartment property owners have a multi-million dollar investment in that area. There are already two establishments (in the center) that sell alcoholic beverages and they do not want another business doing so. Judith Anne Gollette. She is representing WAND (West Anaheim Neighborhood Development Association). They are definitely opposed to any additional liquor licensing, buying an existing license, getting a new one, etc. There is an over abundance of establishments that sell liquor and they do not need any more. It has been stated there are 1,300 felons living within walking distance of the center as well as eight gun stores. It was also stated by neighbors at a (WAND) meeting they came to that there is drug paraphernalia and the security guards seen outside enjoying drinks with local residents as well as sex in the parking lot. This is not a family establishment. Maybe inside it is a nice pizza parlor because Maria has great pizza, but they do not need any more crime or liquor in the area and do not need another problem. (Ms. Gollette also asked for the opportunity to address the Council on a general subject calrifying that she could not be present when public comments were taken; Mayor Daly stated she could do so at the end of the meeting.) Summation by Applicant: Rick Blake. The last two speakers are well intended but he does not feel their concerns address the issues before the Council this evening. If there is a problem with litter, buildings needing painting, etc., those issues have been addressed in the last Planning Commission hearing. It has been brought to the attention of the owners and they are in the process of rectifying some of those concerns. One of the conditions he offered was that the applicant would be responsible for litter and loitering around her premises. He does not know where the statistics that were relayed came from but they have no relationship. There is a cocktail lounge next door that sells beer, wine and spirits. This is a pizza, pool/billiard family type operation with a clear, unobstructed view from the street (Lincoln) where the activities referred to could not occur. Further, the suggestion that there be a one-year review would act as a strong incentive to the applicant. Mayor Daly closed the Public Hearing. Mayor Daly. He believes the Planning staff and Police Department have made a persuasive case that beer and wine approval at this location is not the right thing to do. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Mayor Daly, seconded by Council Member Feldhaus, the City Council denied 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 substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. (This motion was later rescinded by a subsequent motion to approve the Negative Declaration finding). Mayor Daly offered a resolution to deny CUP 4050 and in doing so asked if any other action would then be required; City Attorney White answered, no additional action would be required. This would include denial of the beer and wine sales as well. 17 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JANUARY 5, 1999 Rick Blake. He asked if the action involved the entire permit. They have only appealed the Public Convenience and Necessity issue; City Attorney White asked if he (Blake) was in a position to represent the owner of the entire property with regard to the issue. He had earlier said he was present in the capacity of representing the daughter of the owner. Mr. Blake answered he was only present with regard to the PC&N relating to the billlard parlor and not as to the entire CUP which brought the center into conformity. City Attorney White asked if someone was present or could he represent that the portions of the CUP that relate to the commercial center and the convenience market and the conditions imposed by the Planning Commission, if those were acceptable to the owner of the property as they stand. Mr. Blake answered, yes. Everything is acceptable; the only thing that is unacceptable is the lack of beer and wine with the billiard parlor. City Attorney White then stated that the Council could entertain a resolution to approve at least a portion that relates to the commercial center; Mayor Daly asked the action if the goal is to not allow beer and wine. City Attorney White. It would be approving the CUP thus allowing the uses presently there to continue subject to the conditions that were imposed. According to Mr. Blake's representation, he believes the owner is desirous of having that occur. Mayor Daly. He will withdraw the previous resolution and instead offer Resolution No. 99R-4 supporting the Planning Commission action which approved the Conditional Use Permit, in part, but denying beer and wine sales. Refer to Resolution Book. RESOLUTION NO. 99R-4: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING IN PART CONDITIONAL USE PERMIT 4050 BUT, DENYING BEER AND WINE SALES. Before a vote was taken, City Attorney White advised, to be legally technical, the Council should reconsider the CEQA finding. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Mayor Daly, seconded by Council Member Tait, the City Council granting 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. A roll call vote was then taken on the foregoing Resolution granting CUP 4050, in part, denying beer and wine sales in the billiard hall. Roll Call Vote on Resolution No. 99R-4 for adoption: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 99R-4 duly passed and adopted. 18 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JANUARY 5, 1999 C1.114: LIAISON COMMITTEE APPOINTMENTS: This matter was continued from the meetings of December 8 and December 15, 1998 (Item C1 .) to this date. Proposed appointments and current representatives: INS Committee-Tait; Redevelopment-McCracken; Transportation-Daly; Audit-Daly and McCracken; Chamber of Commerce-McCracken; Utilities-Daly and Tait. Mayor Daly stated he has circulated to the Council recommendations on the Liaison Committees earlier today. (See Memorandum dated January 5, 1999 - Recommendations for Liaison Committees - made a part of the record). He noted if a special need arises, they can appoint additional Liaison Committees but if there are no questions or comments at this time, he will move on the suggested appointments: MOTION. Mayor Daly moved that the appointments including only Liaison Committees as listed in his memorandum dated January 5, 1999 be approved as follows: Redevelopment - McCracken and Daly Utilities (will be finished by June, 1999) - Tait and Daly Audit - Kring and McCracken Chamber of Commerce - Feldhaus and Tait Council Member Kring seconded the motion. MOTION CARRIED. C2. 142: DISCUSSION - FORMATION OF CHARTER REVIEW COMMITTEE: Request by Mayor Daly at the meeting of December 15, 1998 to discuss the subject of forming a Charter Review Committee for purposes of reviewing the City Charter. City Clerk Sohl. The City Attorney has prepared a packet of historical information as background for this item. (See memorandum dated December 30, 1998 from the City Attorney - Subject: Charter Review which was the cover memorandum to the background material attached.) Mayor Daly. This is a complicated subject. The City Attorney has done an excellent job of summarizing the various ways and means by which they can establish a committee of qualified citizens to review the City Charter and subsequently make recommendations to the Council proposing any amendments on a future City ballot. He then briefed some of the material contained in the City Attorney's submittal. In concluding, he suggested that they move forward to invite interested citizens to submit their names for potential appointment to the Charter Review Committee (CRC) consisting of seven or nine members. Ten years ago, it was a ten-member committee staffed by the City Attorney and City Clerk and any other City departments necessary. In coming weeks, they can suggest items for study. There are a variety of ways they could receive ideas for study - staff could recommend, the City Council could recommend and the Charter Review Committee Members themselves may have ideas and suggestions as well as the citizens of Anaheim. The Council can suggest any number of ideas and ultimately the committee would report back to the Council and the Council could decide which of the recommendations would go to a vote of the citizens. No changes can be made without a vote of the people. He asked for any comments/questions of the Council. Council Member McCracken. Her concern, when asking for citizens interested in serving, she would like to have some background or statement, not just that the person wants to serve as well as a statement about their intent and reason(s) for wanting to serve. Mayor Daly. At this time, he is not suggesting a time frame for appointing the committee or for the committee having its meetings. In 1989 as reported, the entire process took almost a year. The committee met 18 times and had two Public Hearings and subsequently issued 17 recommendations. At the time, the Council tried to appoint a committee that represented all the various neighborhoods of Anaheim including the school community. There were two attorneys, neighborhood activists, a School 19 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JANUARY 5, 1999 Board Member, a School Superintendent and High-School Principal - a variety of talents was represented on the committee. Council Member Feldhaus. He feels that any committee member must be an Anaheim resident. He also thought about each Council Member appointing one person and then two at-large members; however, in considering it further, so that there will be a big enough spread, his preference is that each Council Member appoint one member with four at-large members. An odd number is also preferable. Mayor Daly. It also might be a good idea to reach back to the previous committee and ask one or two members to serve again. Jo Ann Barnett was the Chair 10 years ago and she is still very active in the City. Council Member Feldhaus. He also thought about the Council appointing a member and that person would remove themselves one person beyond in order to dismiss any thought they may be representing the Council person - that person would select a person who would be a voting member of the committee. This has been done in other instances. Mayor Daly. All ideas will be considered. They are just exploring at this point and looking for ideas and suggestions. The goal is to have a successful, efficient committee. It may be the document is more modern today than in 1989. Many changes were technical housekeeping items; City Attorney White stated there are still a few. Council Member Kring. She concurs with Council Member Feldhaus relative to each Council Member appointing one person (keeping that person) and having four at-large members nominated on a unanimous vote. A nine-member committee will be fine. She also agrees with Council Member McCracken that there be more information, some history on why they want to serve. Council Member Tait. He prefers a Council Member appointing one person and having two at-large members. He believes that a smaller committee is more efficient. Mayor Daly. He asked about topics and if the City Manager, City Attorney and City Clerk had any particular topics. City Attorney White. When briefing the Charter Review Committees over the years, the first thing he explains is that a charter is a limitation on power. The Charter only needs to be technically one paragraph long and that is, "We hereby establish the City of Anaheim as a Charter City and reserve all powers to the citizens of the City." Anything else puts a limitation on the rights of the people and the right of the City Council to legislate. Not only should they consider streamlining it but also eliminating things as opposed to adding things. City Manager Ruth. Staff would look to anything within the Charter that could streamline the operation of the City. He will look at it with staff and come back with recommendations. Mayor Daly stated this is simply a discussion item this evening and asked the City Clerk to carry this item to the next agenda. Council Member Feldhaus asked if they could make a decision tonight on a seven or nine-member committee; Mayor Daly. He leans toward nine and Council Member Kring also mentioned nine. He asked that the City Clerk submit a proposed application procedure for Council consideration. When they talk about this issue again next week, they will discuss some other issues as well such as the timing of the committee's existence, size of the committee, staffing, etc. They will have to work back from the date of the next election cycle if the intention is to put any amendments on the next ballot. The matter was continued one week by general Council consent. 2O ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JANUARY 5, 1999 C3. 112: REPORT ON CLOSED SESSION ACTIONS: actions to report. City Attorney White stated there were no PUBLIC COMMENTS: Mayor Daly invited Mrs. Gollette to speak at this time. JudithAnne Gollette. She is representing WAND. She wished everyone a Happy New Year and thanked the Council and City staff for the long hours devoted to and the information assimilated for WAND. Secondly, week after week, they look to the Council as role models. What she observed tonight, she feels they are taking one step forward and three steps back on certain issues. The voting that has taken place since the last election, some of it has not gone towards the intent the local residents asked for. Speaking to Council Member Kring, she stated tonight was the very first time she voted listening to the residents of west Anaheim. What they have asked her to do is sit with them at their WAND meetings, listen to them, see the neighborhoods they live in and then make her judgments from there; Council Member Kring stated that she will be very happy to come to their meetings and do just that. Mrs. Gollette continued, the committee she chairs is the Land Use Committee. The Land Use and Business Development meeting is the second Wednesday of each month at 7:00 P.M. at Denny's Restaurant at Beach and Ball and the WAND total committee meeting is the fourth Wednesday of each month at 7:00 P.M. at Maxwell Elementary School at Magnolia and Orange. Everyone in the City is invited to attend, both business owners and residents. A third issue, when they are looking at going forward with the City, to keep in mind that their property values are the lowest in Orange County. They need to continue moving forward. In one of the Public Hearings tonight, the property owner has been in business for 25 years. Each year it would only be a matter of a few dollars towards improving and going forward. It is asked of anybody. All WAND is asking is that they continue to move forward and continue to work together. Before closing, she stated she would like to submit her name as a potential member of the Charter Review Committee. C4.114: COUNCIL COMMENTS: Council Member McCracken. Over the holidays, the City lost a lady who did a great deal for Anaheim, Fran Mauck. She was well known for being Director of the Miss Anaheim Program for many years as well as other community activities. Sympathies are extended to her family. It was only a few months ago that Fran and her husband moved to be near their son in Santa Clara. She will be missed. Council Member Kring. Because this is the first meeting in the New Year, she extended from her family to all families/citizens of Anaheim the healthiest, happiest most prosperous New Year in 1999. Council Member Feldhaus. He prefaced his remarks by saying he does not like to restrict free enterprise or property rights but, in fact, it is done at times by placing restrictions in specific plans and planned communities, etc. He believes the citizens are best served by good and proper advance planning for their environments and quality of life. In that spirit, he would like to propose that they place a moratorium on gas stations and ask staff to bring back to the Council the number of applications currently being processed or being proposed and their locations and whether or not they include beer and wine sales in the proposals. He does not want to see a return to the 1970's and 1980's - a time when they were approving service stations with food markets. Today, they are approving food markets on the same property with gasoline sales. There is a proliferation of these businesses taking place as in the past with service stations proposed on every corner and they subsequently began to close with the lots left vacant and deteriorating. He sees this taking place again where there are applications for every 21 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, JANUARY 5, 1999 intersection and street corner in the City asking for gas stations with food markets and beer and wine. It is time to look at the situation carefully and he would propose placing a moratorim for a period of time until they can take a look City wide as to what is being proposed. His main and overall concern is he does not want to see this proliferation occur and sees the need for better planning. Mayor Daly. He asked the advice of the City Attorney relative to the proper procedure. He believes for the Council to take any action, the matter has to be agendized; Council Member Feldhaus stated before agendizing he would like an indication if there is any support. Mayor Daly. He spoke emphatically at the last Council Meeting (December 15, 1998) regarding his concern that some of the poor planning decisions of the past might be re-created. He believes they need to be careful. He does not know how many applications are pending and would ask staff to provide the Council with that information. He would like to see more information before considering a moratorium, i.e., how many applications are pending and where they are proposed. Council Member McCracken. Before she votes for a moratorium, she would also like additional information on the City's overall plan. In many neighborhoods, the General Plan is 30 or 40 years old and now the City is starting to grow again. The plan has gotten older and the neighborhoods have changed. Planning staff has to provide more information before should would support a moratorium - some background information so the Council can move forward in a responsible way. Council Member Kring. There are a lot of gas stations being forced to close because of leaking tanks. They will be losing some stations and may need to replace them. Mayor Daly. He asked that staff provide a report as well as paperwork for a potential moratorium so that those who want to move forward will have the ability to do so. Some gas stations were approved in the last couple of years and not yet built and the Council should know the status of those. Secondly, there are some former gas station sites that have been cleaned up. Most are vacant. They should also know the status of those. City Clerk Sohl. The City Attorney has advised that he could have an ordinance ready by next week should the Council decide to act, but the report that was requested might need more than one week. She asked if they wanted both to come back together. Mayor Daly asked that the paper work for a proposed moratorium be submitted next week, and as soon as Planning data is available, submit that and if the Council wants more, staff can just keep submitting it. He would also like comparative numbers. The new planned communities in Orange County do not have any service stations at all. Council Member Feldhaus. He knows the Council is dedicated to making Anaheim an All-America City. They need to start someplace and that is why he is proposing a moratorium. ADJOURNMENT: By general Council consent, the Council Meeting of January 5, 1999 was adjourned (9:00 P.M.) LEONORA N. SOHL CITY CLERK 22