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2008/03/04ANAHEIM CITY COUNCIL ADJOURNED REGULAR MEETING OF MARCH 4, 2008 The regular meeting of March 4, 2008 was called to order at 3:00 p.m. and adjourned to 3:30 P.M. for lack of a quorum. Mayor Pringle called the regular adjourned meeting of March 4, 2008 to order at 3:40 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard A copy of the agenda for the Anaheim City Council meeting was posted on February 29, 2008 on the kiosk outside City Hall. PRESENT: Mayor Curt Pringle and Council Members: Lorri Galloway, Bob Hernandez, Lucille Kring and Harry Sidhu. STAFF PRESENT: City Manager Dave Morgan, City Attorney Jack White, and City Clerk Linda Andal. ADDITIONSIDELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None Mayor Pringle adjourned to closed session for the following items: CLOSED SESSION: 1. LIABILITY CLAIM Claimants: Paul John Lopez Agency claimed against: City of Anaheim 2. LIABILITY CLAIM Claimants: Catherine Whitehouse, Christopher Whitehouse, Cornelia Cline, Christopher Whitehouse Jr., and Desirae Whitehouse Agency claimed against: City of Anaheim 3. LIABILITY CLAIM Claimants: Estate of Jorge Terriquez Renteria, George Terriquez, Joana Terriquez and Susana Terriquez Agency claimed against: City of Anaheim 4. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code). Name of case: Kingsland v. City of Anaheim, Orange County Superior Court Case No. 070004305. 5. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code). March 4, 2008 Page 2 of 12 Existing facts and circumstances: Appeal lodged by Citizens for Responsible Equitable Environmental Development from decision of Planning Commission on December 10, 2007, relating to the Platinum Triangle Expansion Project which decision was referred to and decided by City Council on December 11, 2007. 6. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code). Number of potential cases: one At 5:01 P.M., Mayor Pringle reconvened the Council agenda. Invocation: Major Moses Reyes, Salvation Army Flaa Salute: Council Member Kring Acceptance of Other Recoanitions (To be presented at a later date): Proclaiming March 4, 2008, as World Kidney Day -The proclamation was accepted by a kidney transplant recipient who thanked Council for bringing awareness of this disease to the community with the issuance of the World Kidney Day proclamation. Dr. Nin, Orange County Human Relations Council, provided the annual status report on services provided for the City of Anaheim over the past year. She indicated many of the services were countywide as well as specific to the City, and detailed that information for the community. ADDITIONS/DELETIONS TO THE AGENDA: Staff requested Item No's. 5 and 14 be continued to the Council meeting of March 18, 2008. PUBLIC COMMENTS (all items except public hearings): Mark Dooley Anaheim businessowner, appealed to Council as his spray booth operations, which had been in service since 1989, had been shut down by the Anaheim Fire Department for no permit. He explained in detail his business history, operations and permitting process and requested Council's assistance. The City Manager announced he had been made aware that this matter had been resolved today but that Mr. Dooley had not yet been made notified by staff. After some discussion was held, Mayor Pringle asked staff how quickly this issue could be resolved; Mr. Morgan indicated the matter would be expedited the following day. James Robert Reade offered comments related to Anaheim police personnel concerns. Mrs. Jackie Terell, introduced Larry Zabel, well known artist, who had been honored by the Ebell Club. Larry Zabel, former Anaheim resident, stated it had been his honor to address the Anaheim high school art class and to serve as a symbol for Anaheim's future artists. March 4, 2008 Page 3 of 12 Carol Rice, Anaheim Hills slide area resident, responding to Mayor Pringle's comments made in January, remarked she was hopeful the City would step forward and bring the Ramsgate slide area back to its original condition. Martin Latham, Sycamore Hills Estates, remarked the City had made permanent repairs to Ramsgate Drive and to the top of the slope and asked that the same consideration be given to Henning Drive, which had received temporary repairs. Reid Royalty, Orange County Taxpayers' Association, encouraged Council adoption of the SOAR Initiative, Item No. 13 on the agenda. Carl Ridala, Orange County Building Trades member and resident, supported adoption of the SOAR Initiative. Craig Ferrell, resident, urged Council to pass the SOAR initiative. Jim Adams, representing LA/OC Building & Construction Trade Council, stated the building trades were in full support of the SOAR Initiative and asked Council to adopt it to insure long term protection for the resort area. Stan Polowski, resident, urged Council adopt the SOAR initiative to preserve and protect the Resort area. Larry Slagle, Visitors & Convention Bureau, voiced his support for adoption of the SOAR Initiative to protect future resort revenue stream. Tom Daly, resident, recommended Council preserve the Resort and save taxpayers the cost of an election by adoption of the SOAR Initiative. Gail Anderson, resident, urged Council to adopt the Initiative Lou Correa, California State Senator, urged Council to adopt the SOAR Initiative and to promote the healing process so the community could come together to address housing issues and related housing concerns. Patrick Pepper, resident, stated that the city was facing an economic downturn, TOT was up, but sales and property tax were down and stated that Council's vote to adopt the SOAR initiative would preserve the Resort and support staff's effort to save dollars. Bob Ball, resident, urged adoption of the SOAR Initiative. David Heland, resident, supported adoption of the SOAR Initiative. Eric Altman, OCCORD, remarked there had been an outpouring of public sentiment on both sides of the issue to allow residents the opportunity to make a decision by voting on the SOAR Initiative and urged Council to let the matter go to the ballot process. Paul Kott, resident, remarked there was now another alternative available, Council adoption of the SOAR Initiative. Todd Ament, Chamber of Commerce, urged Council to protect the Resort asset and secure Anaheim's future. March 4, 2008 Page 4 of 12 Gail Eastman, resident, asked Council to respect the planning vision which went into forming the Resort district and to refocus community energy on resolving the housing issues. Gloria Mejia, resident, urged Council adoption of the SOAR Initiative. Caesar Covarrubias, Kennedy Commission, remarked the initiative discussion started with how to find sites for housing, pointing out the $2.2 million spent on the SOAR Initiative could have been spent for housing, and asked the business community to be part of future discussions on housing for working families. Margaret Pashko, Chamber of Commerce, remarked the Chamber continued to believe the decision made in 1994 to establish the Resort district was as relevant today as it was 13 years ago and encouraged Council to remain steadfast in its position to preserve the resort. At the conclusion of public comments, Council moved Item No. 13 forward on the agenda for consideration. 13. ORDINANCE NO. 6098 (ADOPTION) AN ORDINANCE OF THE E127 CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, adopting an initiative measure pursuant to the provisions of Section 1303 of the Anaheim City Charter and Section 9214 of the Elections Code of the State of California generally prohibiting residential development within the Anaheim Resort without environmental and economic analyses, City Council approval, and City voter approval at a City election (Introduced at the Council meeting of February 26, 2008, Item #25). In the event Ordinance No. 6098 is adopted, it is recommended the following Resolution be approved: RESOLUTION NO. 2008-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, withdrawing the order for submission of an initiative measure to the qualified electors of the City of Anaheim, rescinding Resolution No. 2007-161 calling and giving notice of the holding of a Special Municipal Election within the City of Anaheim on June 3, 2008, and rescinding Resolutions Nos. 2007-202, 2007-203 and 2007-204 relating to said Special Municipal Election. Mayor Pringle provided a historical perspective of how the SOAR Initiative came to be and of the extraordinary numbers of residents who participated in the referendum and initiative process. He indicated State law gave Council the right to adopt the SOAR ordinance outright from the time the signatures were qualified up until the election. He had asked for this item to be placed on the agenda as a way to avoid a continuation of a public battle over this issue and to end community divisiveness. Should Council adopt the ordinance, he emphasized, any future changes of the uses in the Resort area would go to a vote of the people. Council Member Kring reflected that she had hoped a compromise could have been reached between Disney Corporation and SunCal Companies but that it did not work out. She felt that the 50,000 plus signatures on the referendum and initiative reflected March 4, 2008 Page 5 of 12 the will of the people and she intended to vote for adoption of the ordinance and move forward and keep the Resort district for its intended uses. Council Member Sidhu thanked the community for their comments and viewpoints on this issue remarking he had always been supportive of preserving the Resort district. He emphasized voters still had the right to determine whether future residential could be placed in the Resort and adopting the SOAR Initiative would not disenfranchise the voices of signatories on the SOAR Initiative and moved to adopt the ORDINANCE NO. 6098 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, adopting an initiative measure pursuant to the provisions of Section 1303 of the Anaheim City Charter and Section 9214 of the Elections Code of the State of California generally prohibiting residential development within the Anaheim Resort without environmental and economic analyses, City Council approval, and City voter approval at a City election and to approve RESOLUTION NO. 2008-020 OF THE CITY OF ANAHEIM, CALIFORNIA, withdrawing the order for submission of an initiative measure to the qualified electors of the City of Anaheim, rescinding Resolution No. 2007-161 calling and giving notice of the holding of a Special Municipal Election within the City of Anaheim on June 3, 2008, and rescinding Resolutions Nos. 2007-202, 2007-203 and 2007-204 relating to said Special Municipal Election; seconded by Council Member Kring. Council Member Galloway remarked she had never found the conflict between the success in the Resort area and housing. With the prosperity within the Resort, came population growth and tens of thousands of new low paying jobs and the consequences of overcrowding and lack of housing. She felt there should have been collaboration on this issue to find solutions and hoped businesses would now pay attention to what was happening in the City. Council Member Hernandez felt there was much misinformation disseminated on this issue and that housing adjacent to the Resort had been in place for many years. He remarked that since 1994, there had been 207 zoning changes made in the city and the reason for those amendments was to be responsive to the constant changes which occurred in Anaheim. He believed Council should be flexible in their decisions regarding the future of the City and his vote tonight would reflect that approach. Roll Call vote: Ayes - 3: Chairman Pringle, Council Members Kring and Sidhu. Noes - 2: Council Members Galloway and Hernandez. Motion Carried. At 6:45 P.M., Council briefly recessed the meeting to reconvene at 6:51 P.M. CONSENT CALENDAR: Council Member Hernandez removed Item No's. 6, 7 and 9 from the consent calendar for further discussion. Council Member Galloway recorded a no vote on Item No. 12. Council Member Kring moved to waive reading of all ordinances and resolutions and to adopt the balance of the consent calendar, seconded by Council Member Kring. MOTION: KIH Waive reading in full of all ordinances and resolutions and adopt the consent calendar. 1. Receive and file minutes of the Golf Commission meetings of October 25, 2007 B105 and November 29, 2007 and Anaheim Housing and Community Development Commission meetings of October 17, 2007 and November 14, 2007. March 4, 2008 Page 6 of 12 2. Review the need for continuing the local emergency heretofore proclaimed by the D175 Director of Emergency Services as ratified by previous action of the City Council concerning land movement and property damage in the vicinity of 357, 365 and 373 Ramsgate Drive and the Hidden Grove Lane/Fox Glen Drive area in the City of Anaheim, and, by motion, determine that the need for continuing the local emergency exists. 3. Approve the Lost Rent Agreement with Plantation Mobile Estates, Inc. and Frank 5110 Family Partnership, in the amount of $905,770.60, for lost rent from 66 mobile home spaces, located at 1844 South Haster Street and 1835 South Manchester Avenue, related to the Gene Autry Way (West)/Highway Project (R/WACQ2003- 00154 and RNVACQ2003-00155). 4. Approve and authorize the Director of Public Works to execute Contract Change 4559.0.020 Order No. 2 with SMC Construction, Co., in the amount of $389,597, and increase the Convention Center's FY 2007/08 budget expenditure appropriation by $389,597. 5. Staff requests continuance to the Council meeting of March 18, 2008. CONT'D Approve and authorize the Public Utilities General Manager to execute a Consulting Services Agreement with the Delphi Group, Inc., in an amount not to exceed $75,000, for a Business Process Management Study to map frequently used customer processes (Continued from City Council meeting of February 26, 2008, Item # 15). This item continued to March 18, 2008. 8, RESOLUTION NO. 2008-017 A RESOLUTION OF THE CITY COUNCIL OF D160 THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (Police Department). 10. RESOLUTION NO. 2008-019 A RESOLUTION OF THE CITY COUNCIL OF D160 THE CITY OF ANAHEIM authorizing the Chief of Police or his designee to submit a grant application on behalf of the City of Anaheim, with the State of California, Office of Traffic Safety, authorizing the Chief to execute all required grant documents, and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget for fiscal year 2008-09 accordingly. 11. ORDINANCE NO. 6097 (ADOPTION) AN ORDINANCE OF THE CITY C280 COUNCIL OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2007-00212; Introduced at the Council meeting of February 26, 2008, Item #23). 12. ORDINANCE NO. 6099 (ADOPTION) AN ORDINANCE OF THE CITY C420 COUNCIL OF THE CITY OF ANAHEIM repealing Amendment No. 8 to the Anaheim Resort Plan No. 92-2, including amending Ordinance No. 5453, as previously amended, and amending the zoning and development standards set forth in Chapter 18.116 of Title 18 of the Anaheim Municipal Code (Specific Plan Amendment No. 2007-00052); and repealing Ordinance No. 6058 (Introduced at the Council meeting of February 26, 2008, Item #26). March 4, 2008 Page 7 of 12 Council Member Galloway recorded a no vote on this item. Vote: Ayes - 4: Mayor Pringle, Council Members: Hernandez, Kring and Sidhu. Noes - 7: Council Member Galloway. Motion Carried. END OF CONSENT CALENDAR: 6. Award the contract to the lowest responsible bidder, Albert W. Davies, Inc., in the 5111 amount of $505,950, for the Citywide Sanitary Sewer Improvement Project, Group 2, SR 91 Freeway undercrossing along the Santa Ana River and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Council Member Hernandez asked if there would be any construction impact on the nearby bike trail. Robert Luciano, Public Works Department, responded that the sewer easement was adjacent to the bike trail and was not close enough to cause problems. Council Member Hernandez moved to approve Item No. 6, seconded by Council Member Kring. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 7. Award the contract to the lowest responsible bidder, Pouk & Steinle, Inc., in the 5112 amount of $2,560,000, for the Peralta Hills West Rehabilitation Project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Council Member Hernandez requested an explanation of the Peralta Hills project. Marcie Edwards, Public Utilities General Manager, remarked this contract was to underground 5,000 feet of electric overhead lines along Peralta Hills Drive and Cerro Vista Way to improve system reliability under the capital projects program rather than through the underground conversion program. Specifically, due to the narrow roadways and the types of trees planted in the rights-of-way and other challenges due to the rural nature of these neighborhoods, the undergrounding would address reliability issues for residents and the overall power system. Council Member Hernandez voiced his support for this project and moved to approve Item No. 7, seconded by Council Member Sidhu. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 8. RESOLUTION NO. 2008-018 A RESOLUTION OF THE CITY COUNCIL D160 OF THE CITY OF ANAHEIM authorizing the Chief of Police or his designee to submit a grant application on behalf of the City of Anaheim, with the State of California, Department of Alcoholic Beverage Control, authorizing the Chief to execute all required grant documents, and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget for fiscal year 2008-09 accordingly. Police Chief, John Welter reported this grant would provide funds for prevention and intervention strategies as well as undercover operations to insure Alcoholic Beverage Control (ABC) licensees were abiding by the law. Council Member Hernandez inquired March 4, 2008 Page 8 of 12 how enforcement was conducted and Chief Welter responded there were a number of strategies including impact inspection to insure businesses were complying with ABC regulations, free and voluntary prevention and education programs for retailers and licenses, as well as minor decoy efforts. The department's primary goal was to educate businesses so that violations would not occur and to bring about compliance, should violations happen. Council Member Hernandez moved to approve Item No. 8, seconded by Council Member Kring. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried PUBLIC HEARINGS: 14. Staff requests continuance to the Council meeting of March 18, 2008. CONT'D This is a public hearing to consider the formation of Community Facilities District No. 08-1 (Platinum Triangle), the levy of special taxes, and the need to incur bonded indebtedness. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM of formation of City of Anaheim Community Facilities District No. 08-1 (Platinum Triangle}, authorizing the levy of a special tax within the District and establishing an appropriations limit for the District. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM deeming it necessary to incur bonded indebtedness within City of Anaheim Community Facilities District No. 08-1 (Platinum Triangle}. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM calling for a special election for City of Anaheim Community Facilities District No. 08-1 (Platinum Triangle). RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the execution and delivery of a joint Community Facilities District agreement. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing policies of intent related to fee credit, facility reimbursement procedures and levy on approved property for the City of Anaheim Community Facilities District No. 08-1 (Platinum Triangle) This item continued fo March 78, 2008. 15. This is a public hearing to determine the public interest and necessity for Pi21 acquiring and authorizing the condemnation of certain real property located at 1696 West Katella Avenue for the Katella Avenue Smart Street -Ninth Street to Humor Drive Project. RESOLUTION NO. 2008-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of certain temporary construction easements on property located at March 4, 2008 Page 9 of 12 1696 West Katella Avenue for the purposes of the Katella Avenue Smart Street - Ninth Street to Humor Drive Project (APN 090-651-01). Natalie Meeks, Public Works Director, reported that in connection with the Katella Avenue Smart Street project (Ninth Street to Humor Drive), the City acquired property at 1696 West Katella Avenue including some temporary construction easements needed. During the final structural design for the building modification, staff found additional temporary construction easements were necessary to bring the building up to code and staff was now requesting adoption of a resolution of necessity for acquisition of these easements as construction for the project was scheduled to begin once these construction easements were acquired. Ms. Meeks indicated the City had received a letter of objection from the property owner's attorney, Palmieri, Tyler, Wiener, Wilhelm & Waldron, LLP and had addressed that letter. Ms. Meeks further stated the City could move forward without acquiring these easements but felt it was in the best interests of the public to take this step. Mayor Pringle opened the public hearing and receiving no testimony, closed the hearing. Council Member Hernandez moved to approve RESOLUTION NO. 2008-021 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of certain temporary construction easements on property located at 1696 West Katella Avenue for the purposes of the Katella Avenue Smart Street -Ninth Street to Humor Drive Project; seconded by Council Member Galloway. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 16. PUBLIC RE-HEARING B105 CEQA NEGATIVE DECLARATION CONDITIONAL USE PERMIT NO. 3124 WITH WAIVER OF CODE REQUIREMENT ZONING CODE AMENDMENT NO. 2007-00063 OWNER: Brandon Rainone, Outer Spring Volcano LP, 3364 East La Palma Avenue, Anaheim, CA 92806-2814 AGENT: Brandon Rainone, 3364 East La Palma Avenue, Anaheim, CA 92806 LOCATION: 3364 East La Palma Avenue: Property is approximately 2.8 acres, having a frontage of 252 feet on the north side of the Riverside (SR-91) Freeway, a maximum depth of 524 feet, and is accessed via a 652 foot long, 32 foot wide ingress/egress easement on the south side of La Palma Avenue, 1,240 feet east of the centerline of Shepard Street. Conditional Use Permit No. 2007-05209 -Request to remodel an existing bowling facility including an expansion for a management office, four telecommunications towers and two electronic reader board signs with waivers of (a) minimum number of parking spaces, (b}floor area ratio and (c) maximum number and size of freeway-oriented signs. Zoning Code Amendment No. 2007-00063 -Request to amend the sign code to permit marquee or electronic reader board signs in conjunction with bowling and billiards facilities with other uses subject to a conditional use permit. ACTION TAKEN BY THE PLANNING COMMISSION: Approved CEQA Negative Declaration (Vote 7-0) March 4, 2008 Page 10 of 12 Approved Waivers (a) and (b) and approved, in part, Waiver (c) maximum number and size of freeway oriented signs (Vote: 5-2, Commissioner Velasquez voted no and Commissioner Romero voted no at the hearing but indicated after the meeting that he intended to vote yes) (Denied electronic readerboard signs). Granted, in part, Conditional Use Permit No. 3124, with modifications to Condition Nos. 11. 16 and 17 (PC2007-112) Denied Zoning Code Amendment No. 2007-00063 (Vote: 5-2, Commissioner Faessel and Velasquez voted no) (Planning Commission meeting of October 1, 2007.) ACTION TAKEN BY THE CITY COUNCIL: Upheld Planning Commission's decision (Vote: 4-1, Council Member Galloway voted no) (City Council Meeting of December 18, 2007) (Re-hearing requested by applicant granted at the Council meeting of January 29, 2008} (Vote: 4-1, Council Member Sidhu voted no) Sheri Vander Dussen, Planning Director, went over the background of this request for remodel of an existing bowling alley, including expansion for an office, outdoor patio and telecommunication towers. She indicated last October, the Planning Commission approved a portion of the applicant's request including waivers to provide fewer parking spaces than required, greater building area than permitted and two freeway-oriented wall signs (one more than allowed by code). The Commission, she pointed out denied the proposal to amend the code to permit marquee and electronic readerboard signs. Last December, when the applicant appealed the denial, Council upheld the Commission's decision, but on January 29th, she added, Council agreed to rehear the conditional use permit and associated actions on this date. Specifically, she pointed out, Council approved the applicant's request to build two 156 square foot channel letter signs, instead of one, stating "Concourse Family Entertainment" on the building wall next to the 91 freeway but denied the request to build two 544 square foot electronic readerboard signs. After the rehearing was granted, she explained the applicant submitted a revised elevation and sign plan with 240 square feet of channel letter sign and 300 square foot electronic readerboard signs on each side of the building wall next to the freeway. The code, she noted, allowed one freeway oriented wall sign limited to 250 square feet. Staff supported the channel letter signs since the signs would meet the size requirement established by the zoning and since a single sign would not be visible from both directions of the freeway, however staff did not support the two electronic readerboard signs, the code amendment and the waiver of size. Mayor Pringle remarked that he had at first opposed the signs but since the channel letter signs had been reduced in size and were relatively difficult to see, he was no longer opposed. He also felt the applicant worked hard to promote his business and to be respectful of the limited uses of readerboard signs and that he would continue to oppose readerboard signs where inappropriate but that with these modifications, he was comfortable approving the request. Council Member Hernandez was supportive of the request stating he felt electronic readerboard signs were today's technology and that other businesses would embrace the technology and the City should be prepared to address it. He asked if the bowling facility was categorized as entertainment under the readerboard rules; Ms. Vander Dussen stated it did not meet the criteria for other types of uses therefore the applicant March 4, 2008 Page 11 of 12 was proposing to amend the Code to allow indoor recreation uses to display video readerboards. Mayor Pringle opened the public hearing. Stan Polowski, resident, supported the Rainone family's renovations of their bowling facility. He stated that they have been a successful business operation in Anaheim for 20 years and intended to spend approximately $3.5 million to renovate the exterior of the facility, a significant improvement to the site. Todd Ament, Chamber of Commerce, stated adequate signage was very important to Concourse's business while at the same time maintaining community standards. He further stated that the Chamber supported Concourse Bowling for their strong presence in the City and their generous charitable actions. Jeff Flint, representing Rainone family, pointed out the amendment would clarify that bowling facilities would be one of the businesses that would be allowed to apply for readerboard signs under the Code. He added the Rainone family felt they had a fair proposal that substantially decreased the size of the signs and looked forward to approval of their proposal. With no other public speakers, Mayor Pringle closed the hearing. Council Member Kring remarked she was supportive of this improved proposal. She reported the Rainone family had received no citations or alcohol violations in the conduct of their business and would be changing the readerboard signs every six seconds rather than the four seconds allowed by Caltrans. Council Member Sidhu was opposed to the readerboard signs. He was concerned about setting precedent for other businesses and the lack of control of sign content which could advertise alcohol. Mayor Pringle remarked he had been concerned about those points as well, but pointed out a bar or adult entertainment operations would not fall under permitted uses for video display boards. After asking the city attorney for clarification, Mr. Jack White responded there were no restrictions against promoting alcohol for readerboards. Ms. Vander Dussen added that Condition No. 14 of the conditional use permit indicated there would be no advertisement indicating the availability of alcohol on the premises. After reading the condition in full and asking for the applicant's response, Mr. Flint indicated this condition was acceptable by the applicants. Mr. Brandon Rainone also added that the condition was acceptable in its broad interpretation and that he understood a violation of that condition could lead to revocation of their conditional use permit. Council Member Hernandez moved to approve the negative declaration and to approve the RESOLUTION NO. 2008-022 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM granting Conditional Use Permit No. 3124, in part, and amending certain conditions of approval of Resolution No. 89R-243, as previously amended, and to introduce ORDINANCE NO. 6100 OF THE CITY OF ANAHEIM amending various sections of Title 18 of the Anaheim Municipal Code relating to Zoning and Development Standards (Zoning Code Amendment No. 2007-00063); seconded by Council Member Kring. March 4, 2008 Page 12 of 12 Council Member Sidhu indicated he would continue to oppose the video display boards. Council Member Galloway stated the current sign on La Palma was not very visible and she had difficulty locating the bowling facility and felt it was reasonable to allow advertisement of business in this way. Roll Call vote: Ayes - 4; Mayor Pringle, Council Members: Galloway, Hernandez, and Kring. Noes - 1: Council Member Sidhu. Motion Carried Report on Closed Session Actions: City Council authorized filing of a claim with the State of California, Department of Transportation, relating to the agreement dated May 18, 1994 between the City and Caltrans concerning the conveyance of title of a piece of property free and clear to the City by a unanimous vote. Council Member Galloway announced the groundbreaking ceremony for Kaiser Permanente in the Canyon area stating the improvements associated with the hospital would add much to the Canyon business area. Council Member Kring reported it had been her pleasure to attend the Cypress College Americana Award honoring Frank Garcia as resident of the year for his service to the community. Council Member Sidhu announced the 2"d annual free Anaheim Health Fair to be held at the Brookhurst Community Center on April 6th from 9:00 a.m. to 4:00 p.m. He also indicated that the Orange County Sanitation Districts' sewer rate increase had passed, although he had voted against the significant rate increase on behalf of the Anaheim residents. He also asked staff to look into the drainage issues at the intersection of Santa Ana Canyon Road and Avenida Margarita Mayor Pringle reported the General Accounting Office staff was in Anaheim to meet with various staff members related to high speed rail and the proposed mag lev system from Anaheim to Ontario and onto Las Vegas. In addition, the project from Anaheim to Union Station and to Palmdale and beyond was discussed and staff had demonstrated the need to move forward with both projects. He commented on the newly elected member of the Anaheim Union High School District, Jordan Brandman, an Anaheim resident, who would bring Anaheim's concerns to the attention of the school board. Adjournment: With the consent of Council, Mayor Pringle adjourned the March 4, 2008 council meeting at 7:54 p.m. Resly submijted, n Linda N. Andal, City Clerk