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2000/07/11ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING JULY 11, 2000 II The City Council of the City of Anaheim, CA met in regular session. Present: Mayor Tom Daly, Council Members: Frank Feldhaus, Lucilie Kring, Tom Tait and Shirley McCracken. Staff Present: City Manager Jim Ruth, City Attorney Jack White, City Clerk Sheryll Schroeder. A copy of the agenda for the meeting of the Anaheim City Council was posted on July 7, 2000 at the City Hall inside and outside bulletin boards. Mayor Daly called the regular meeting to order at 3:15 p.m. in the Council Chambers of the Ariahelm City Hall, 200 S. Anaheim Blvd. The first portion of the meeting was the continued workshop on proposed Charter amendments. WORKSHOP FOR PROPOSED CHARTER AMENDMENTS: City Attorney Jack White explained that at the last Charier amendment workshop on May 2, 2000, Council had reviewed the proposed amendments to Section 908. He reviewed the remaining proposed Charter amendments, including Section 703, which was added by Council. Staff responded to various questions posed by Council Members clarifying the amendments. City Attorney White explained the deadline for amendments to appear on the November 7, 2000 ballot was August 11th, August 8th would be the last meeting to consider amendments. He noted the consideration of amendments was placed on the regular portion of this date's agenda. At the conclusion of the workshop, at 4:10 P.M., Mayor Daly recessed the meeting to Closed Session. ADDITIONS/DELETIONS TO CLOSED SESSION: None. PUBLIC COMMENTS- CLOSED SESSION ITEMS: There were no public comments relative to Closes Session items. Motion to recess to Closed Session for the following purposes: (4:10 P.M.) CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) - EXISTING LITIGATION: Name of Case: Vista Royale Homeowners Assn. v. 396 Investment Co. fka The Fieldstone Company, et al., Orange County Superior Court Case No. 77-30-74 (and related cases). CITY OF ANAHEIM CITY COUNCIL MINUTES JULY 11, 2000 PAGE 2 THREAT TO PUBLIC SERVICES OR FACILITIES: Consultation with: Chief of Police, City of Anaheim. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Agency designated representative: David Hill Name of employee organization: International Brotherhood of Electrical Workers, Local 47. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code: five potential cases. Claims of Friends of Frank Feldhaus Committee, Irving Pickler, Supporters of Irv Pickler Committee, Debra Daly, Tom Daly and Friends of Tom Daly Committee. AFTER RECESS: Mayor Daly called the regular Council meeting of July 11, 2000 to order at 5:41 P.M. and welcomed those in attendance. INVOCATION: Pastor Jimmy Gaston, Church of Christ gave the invocation. FLAG SALUTE: Mayor Pro Tem McCracken led the assembly in the Pledge of Allegiance to the Flag. PROCLAMATIONS AND DECLARATIONS: Presentation recognizing Dyana Ornalez for winning a 1999 National Junior Golden Gloves Title. Dr. Jan Billings, Superintendent of Schools presented a status update of the Anaheim Union High School District. At 6:04 P.M. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Anaheim Housing Authority meetings. Mayor Daly reconvened the City Council meeting at 6:12 P.M. ADDITIONS TO THE AGENDA: There were no additions to agenda items. CITY OF ANAHEIM CITY COUNCIL MINUTES JULY 11, 2000 PAGE 3 PUBLIC COMMENTS: Pan/in Soroushian, 6263 E. Twin Peak Circle, Anaheim, CA 92807 stated that she and her husband, Khoda Ostowari, owned and were building the project at 805 South Harbor Boulevard on the corner of Harbor and South. She explained they had appeared before the Council on June 20, 2000 and the beer and wine permit was now in the hands of Alcoholic Beverage Control. She addressed some of the matters that were raised at the public hearing on June 20th and quoted a letter dated December 10, 1998, from the owner of the Thomas Liquor Store to Mr. Basil Dahl. Bud Schultz, 156 Avenida Felipe, Anaheim Hills, Secretary of the Anaheim Hills Golf Club, said, in opinion, the state of the current building was beyond refurbishing, there was extensive dry rot and termite damage and an all electric kitchen which could not support a commercial endeavor. He believed that the poor overall condition of the clubhouse did not represent the community. He said a new clubhouse could be designed to offer meeting rooms that could be used for multiple functions. Andy Ronquillo, representing the Ariahelm Chamber of Commerce, 100 South Anaheim Boulevard, stated that the Anaheim Chamber of Commerce Board of Directors had reviewed the recommendations of the Charier Review Committee and taken a position in favor of retaining the present term limits for Mayor and Council as voted by the electorate. He believed that there might be better or more appropriate procedures for ensuring that an adequate supply of well-qualified candidates was available for sen/ice to the community. He explained that if Council continued the item to a later date, they would be happy to provide additional review and input from the local business community. Patty Gabby, 7720 Misty Glen Court, Anaheim, stated that they were interested in a sports facility where kids could play sports on a quality facility. She informed there were 90 teams in their soccer league this year and they did not have enough fields for that many children. She said she believed that $6.2 million should not be spent and she wanted the City to buy Maag Ranch or a part of Maag Ranch and that Council should act quickly because it may be sold and it was one of the best places for the proposed facility. Miriam Kaywood, Wilberta Lane, Anaheim, said she was on the Planning Commission when Anaheim Hills was formed and planned and they thought there was no need for parks in Anaheim Hills because these were going to be large estate lots with lots of open space. She remembered that when she was on the Park and Recreation Commission, they heard at least once a month that there was a need more soccer fields. Ms. Kaywood noted that the people in the area wanted a clubhouse and something to be proud of so they did what they could at the time, it was not adequate at that time and was a disgrace at this time. Because of a lack of funds, the City had let it go much longer than it should have and something new should be built, she felt. Don D. Gutierrez, 2102 E. Westport Drive, Anaheim, addressed the Council regarding item A34, and stated that he assumed that this was the extension of term limits for public officials from eight to twelve years. Council Member Kring responded from eight to sixteen years and Mr. Gutierrez responded that he was opposed because he believed CITY OF ANAHE1M CITY COUNCIL MINUTES JULY 11, 2000 PAGE 4 that public office should never be a career. He suggested a Charter change of single member districts, adding that if a Council Member would run from a specific district, the people in that area would vote for that individual. Dan Van Dorpe, 863 Jasper Circle, Anaheim, discussed zoning issues. He asked what the regulations were regarding public schools complying with zoning regulations and he asked the Council to encourage the public school system to comply with zoning regulations. The air conditioning at Katella High School was an eye sore, he informed, and he asked if they intended to put up screening that would be required by the zoning regulations. Gwen High School put in a parking lot and tore out the landscaping, he noted, placing the parking lot directly adjacent to the sidewalk and now there was no setback or landscaping. Mr. Van Dorpe also addressed Item C5, stating he was in favor of approval of that item because the lot had been vacant for about 16 years and the highest and best use for that property would be a church. Mr. Van Dorpe discussed Item 34A, term limits, noting he was not in favor of artificial term limits and he believed that every four years the public had the right to vote a Council Member in or out. Richard Kraus, 2416 E. Lisabeth Avenue, Anaheim, speaking on Item 34A, expressed his opposition to the extension of term limits. Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of July 11, 2000. Council Member McCracken seconded the motion. Motion carried unanimously. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A32: On motion by Mayor Daly, seconded by Council Member McCracken, the following items were approved in accordance with the reports, cedifications and recommendations furnished each Council Member and as listed on the Consent Calendar. A1. Receive and file the Anaheim Police Department Crime and Clearance Analysis for the month of May, 2000, the Southern California Gas Company Notice to Customers of Proposed Rate Increase, Application No. 00-06-023, and application before the Public Utilities Commission of the State of California in the matter of the application of San Diego Gas and Electric Company and Southern California Gas Company for approval of a gas tariff. A2. Award the contract to the lowest responsible bidder All American Asphalt, in the amount of $783,783 for Imperial Highway Street Improvements Project from Nohl Ranch Road to Santa Ana Canyon Road, approve the escrow Agreement pedaining to contract retentions, and authorize the Finance Director to sign said agreement. A3, Approve and authorize the Mayor and City Clerk to execute the Acquisition Agreement for the purchase of real property located at 1250 North State College Boulevard for the State College Boulevard/SR-91 Freeway Project - RAN 5175-3A & 3B, approve the Right of Entry CITY OF ANAHEIM CITY COUNCIL MINUTES JULY 11, 2000 PAGE 5 Agreement, and authorize the acquisition payment of $130,000 to Anaheim Royal Co., LLC. A4. Approve Administering Agency-State Agreement for Federal Aid Projects No, 12-5055 Program Supplement No. M074, for the Lincoln Avenue Improvement Project from Loara Street to Euclid Street. AS. Approve Administering Agency-State Agreement for Federal Aid Projects No. 12-5055, Program Supplement No. M073 for the Burlington Nodhem Santa Fe Corridor Soundwall Project from Imperial Highway to Yorba Linda Boulevard. A6. Approve the Agency-State Agreement for Federal Aid Project No. 12- 5055, Program Supplement No. M075, for the Imperial Highway Street Improvement Project from Nohl Ranch Road to Santa Ana Canyon Road. A7. Approve Agency State Agreement for the Federal Aid Project No. 12- 5055, Program Supplement No. M076 for the La Palma Avenue Street Improvement Project from Sequoia Avenue to Magnolia Avenue. A8. Approve and authorize the Mayor and City Clerk to execute the agreements with RJM Design Group, Inc., and Lynn Capouya, Inc., in an amount not to exceed $75,000 each, for landscape architectural service on an on-call basis, for various improvement projects. A9. RESOLUTION NO. 2000R-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying certain real properties or interests therein to the city. (City Deed Nos. 10290 and 10291.) A10. Accept the low bid of Pak West Paper and Packaging, in an amount not to exceed $130,866.50, for paper products as required for the period of one year, beginning July 12, 2000, through June 30, 2001, with three one-year optional renewals, and authorizing the Purchasing Agent to exercise renewal options, in accordance with Bid ¢f6040. All. Accept the bid of RJ. Noble Company in an amount not to exceed $2,187,761 for asphalt concrete, as required, for a period of one year, commencing July 12, 2000, and authorize the Purchasing Agent to exercise up to four additional one-year renewals, limited to Caltrans California Statewide Paving Asphalt Price Index increases, in accordance with Bid ff6035. A12. Waive Council Policy 306 and authorize the Purchasing Agent to issue a purchase order to Southwest Power, Inc., in an amount not to exceed $54,817.81 for fuse mountings, as required, for the period of August 1, 2000 through July 30, 2001 with two one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options for warehouse stock. CITY OF ANAHEIM CITY COUNCIL MINUTES JULY 11, 2000 PAGE 6 A13. A14. A15. A16. A17. A18. A19. A20. A21. A22. A23. Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase order to Emergency One, Inc., in an amount not to exceed $875,000 for one fire truck with a platform and 118 foot aerial device. Waive Council Policy 306 and authorize the Pumhasing Agent to issue a purchase order to Canada Power Products Corporation, do Matzinger- Keegan, Inc., in the amount of $52,085 for switch automation materials for warehouse stock. Authorize the issuance of a change order to Trend Offset Printing, for the printing of a fifth issue of the Anaheim Magazine and add a not to exceed $25,000 appropriation to the total of the purchase order. Authorize the issuance of a change order to Vista Universal, Inc., for the lighting retrofit of the Brookhurst Community Center and for City Library buildings to increase the dollar amount by $3,379.40. Authorize the Purchasing Agent to issue a purchase order to Selectrcn, Inc., in an amount not to exceed $124,850 for the acquisition and installation of an Interactive Voice Response System for the Building and Business License Divisions, in accordance with RFP ¢f6026. Approve the FY 1999/00 write-off of uncollectible miscellaneous accounts receivable totaling $118,986.54 (Finance Department). Accept funding from the "Trees for the Millennium Initiative" through the California Department of Forestry and Fire Protection, in the amount of $49,983.27, for tree planting and small tree care. Approve the naming of the Vermont Parksite as Walnut Grove Park. Approve and authorize the Chief of Police to execute an Agreement with IVANS, Inc., to access ISO ClaimSearch on-line information relative to auto theft. RESOLUTION NO. 2000R-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorize the Chief of Police to accept a grant award, in the amount of $99,710 from the State Alcoholic Beverage Control for the Grant Assistance To Law Enforcement (GALE) Program and to execute all required grant documents, and increase revenues and expenditures by $99,710 in the Police Department's FY 2000/01 budget. RESOLUTION NO. 2000R-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Chief of Police to accept a three-year grant on behalf of the City of Anaheim from the Office CITY OF ANAHEIM CITY COUNCIL MINUTES JULY 11, 2000 PAGE 7 of Criminal Justice Planning for the Positive Alternatives Program (PAP) component of the Delinquency Prevention Program. A24. Approve a Tenth Amendment to Agreement between the City of Anaheim and PRC/Public Sector, Inc., a Delaware Corporation, in an amount not to exceed $88,000 for consultant services in connection with Police Automated System Development. A25. Accept a grant award from the Office of Criminal Justice Planning, in the amount of $468,640, for the purchase of technology under the California Law Enforcement Technology Equipment Purchase Program; due to the time constraints involved in the grant program (six month grant period effective May 1, through October 31, 2000), authorize the Purchasing Agent to issue purchase orders following normal City purchasing policies with the exception of returning to Council for items that required formal bidding; and increase revenues and expenditures in the Police Depadment's FY 2000/01 budget in the amount of $468,640. A26. Approve the Fourth Amended Joint Exercise of Powers Agreement of the Orange County-City Hazardous Materials Emergency Response Authority. A27. RESOLUTION NO. 2000R-135 A RESOLUTION QF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain city records more than two years old (Planning Department). A28. Authorize the Executive Director of the Community Development Department to take all actions and execute all documents necessary or desirable to facilitate the Affordable Housing Agreement between the Anaheim Housing Authority and Park Vista, Ltd., a California limited partnership. A29. Authorize the City Manager to defer Glacier's payment of an extension fee to July 31, 2000; authorize the execution of a Non-Disturbance agreement with Jillian's (a tenant of Glacier's) in a form acceptable to the City Attorney; and find that the proposed uses at the Glacier are uses compatible with, and incidental to, an integrated primary use complex in connection with the Glacier Amended and Restated Ground Lease. Council Member Tait abstained on Item A29. A30. Approve Agreement with Black & Veatch, CH2MHILL, Kennedy/Jenks Consultants, and URS Grenier Woodward Clyde International Americas, Inc., to provide professional engineering services on an as-needed basis, and authorize the Public Utilities General Manager, on behalf of the City, to execute said Agreement and any other related documents and to take such actions as are necessary to implement said Agreements. CITY OF ANAHEIM CITY COUNCIL MINUTES JULY 11, 2000 PAGE 8 Council Member Tait requested discussion on Item A30, asking if the department awarded a contract over $25,000 if it would come before the Council and City Manager Jim Ruth responded that it would come before the Council; that was the policy. A31. Receive and file a Notice of Filing that on June 23, 2000, the California Independent System Operator Corporation, tendered for filing numerous Participating Generator Agreements for acceptance by the United States of America Federal Energy Regulatory Commission. A32. Approve minutes of the Anaheim City Council meeting held June 6, 2000 and special meeting held June 13, 2000. END OF CONSENT CALENDAR A33, BOARD/COMMISSION APPOINTMENTS/REAPPOINTMENT TO TERMS EXPIRING JUNE 30, 2000: (Continued from the meeting of June 20, 2000, Item A33.) Mayor Daly moved to reappoint the persons who have expressed interest in serving. BUDGET ADVISORY COMMISSION FOR NEW TERM EXPIRING JUNE 30, 2004: (Sewell) Mayor Daly requested additional time to consider the appointment to the Budget Advisory Commission and moved for a two-week continuance to July 25, 2000, seconded by Council Member McCracken. Motion carried unanimously. Council Member Kring stated that none of the applications provided were current, the last one was June of 1999, and she requested that the openings be advertised. The City Clerk stated that the advertisement had been accomplished and had appeared in the Register. Council Member Kring asked that if anyone would like to submit an application for the Budget Advisory Commission to contact the City Clerk's Office. COMMUNITY SERVICES BOARD FOR NEW TERMS EXPIRING JUNE 30, 2004: HOLMES ROTHROCK TAFOLLA TARLTON Mayor Daly moved to reappoint Mr. Holmes, Ms. Rothrock, Ms. Tafolla and Ms. Tadton, seconded by Council Member McCracken. Motion carried unanimously. CITY OF ANAHEIM CITY COUNCIL MINUTES JULY 11, 2000 PAGE 9 INVESTMENT ADVISORY COMMISSION FOR NEW TERM EXPIRING JUNE 30, 2004: BEITLER Mayor Daly moved to reappoint Mr. Beitler, seconded by Council Member McCracken. Motion carried unanimously. REDEVELOPMENT AND HOUSING COMMISSION FOR NEW TERM EXPIRING JUNE 30, 2004: HOLGUIN Mayor Daly moved to reappoint Mr. Holguin, seconded by Council Member Feldhaus. Motion carried unanimously. Council Member Feldhaus stated that they would be looking for another Redevelopment Commissioner at the end of July. City Clerk stated that she would bring the resignation to the July 25th Council meeting and post a notice of unscheduled vacancy. PLANNING COMMISSION FOR NEW TERM EXPIRING JUNE 30, 2004: BOSTWICK Mayor Daly moved to reappoint Mr. Bostwick, seconded by Council Member Feldhaus. Motion carried unanimously. SENIOR CITIZENS COMMISSION FOR NEW TERMS EXPIRING JUNE 30, 2003: BALDWIN BERRY GOLD Council Member McCracken nominated Eileen Gold. Mayor Daly moved to reappoint Mr. Baldwin and Mr. Berry, and appoint Eileen Gold, seconded by Council Member Feldhaus. Motion carried unanimously. PARK AND RECREATION COMMISSION FOR NEW TERM EXPIRING JUNE 30, 2004: KARR MARTIN WHORTON CITY OF ANAHEIM CITY COUNCIL MINUTES JULY 11, 2000 PAGE 10 Council Member McCracken asked if Mr. Terrell and Mr. Whorton were representatives of the schools that Council accepts and not appointments and the Mayor and City Clerk stated that this was a ratification process of the school board appointment. City Manager Jim Ruth said that Community Services Director Chris Jarvi just informed him that school district intends to appoint Harold Martin in the place of Slim Terrell. Mayor Daly moved to reappoint Mr. Karr and Mr. Whorton and appoint Mr. Martin, seconded by Council Member Feldhaus. Motion carried unanimously. A34. CHARTER AMENDMENTS: Authorizing the City Attorney to draft a resolution approving ballot measures to appear on the November ballot regarding proposed Charier amendments. Mayor Daly stated that this discussion culminated the process that took over a year wherein a citizens committee was appointed to look at the Charter. This committee of seven citizens was free of any direction by the City Council except to review the Charter and make sure it was current, that it conformed to State law and that it reflected the current state of Anaheim. The Charter Committee returned to Council with a series of recommendations some of which were results of issues suggested by the City staff and others were matters that Committee members themselves brought up. The Mayor directed staff to prepare to place on the November ballot the following items: Minor and technical matters having to do with agenda references in the City Charter; unnecessary and obsolete language regarding utility revenues; two pertaining to bidding procedures for public works; Section 501 which prohibited City employees from holding office as City Council Members or Mayor; Section 518 required at least three affirmative votes for approval of a contract; revise the powers and duties of the Library Board; Section 1221 providing more flexibility to the electric utility department; Section 1401 procedures for granting City franchises; and the prohibition on hiring special prosecutors. Mayor Daly said that he believed that these were the priorities of City Staff and the legalities of making sure that the Charter conforms to State law. City Attorney Jack White, stated that State law was amended three years ago to prohibit City employees from holding such office. The State statute was very vague as to whether or not this would apply to charter cities. If this is placed before the voters and approved, he explained, it would eliminate any future question about whether or not the State statue applied. The Mayor summarized by saying he would like to have all four of the technical questions placed on the ballot as well as: Section 501, Section 518, Section 908, Section 1221, Section 1401, and Section 703. Council Member Feldhaus spoke of the Charter Review Committee who met seventeen times and conducted four public outreach meetings. He noted they decided term limits should be abolished or at least changed. He said he was ambivalent as to whether the term limits should be changed or left alone and he was convinced that Council should submit the review of the Committee's recommendation to the voters. CITY OF ANAHEIM CITY COUNCIL MINUTES JULY 11, 2000 PAGE 11 Council Member Kring stated her opposition to changing the term limit law. Regarding binding arbitration, she stated that the voters had voted for Measure A and it was inappropriate for the Charter Review Commission to ovedurn the will of the people. In 1992, 82 ¼ percent of the voters voted for term limits. Council Member McCracken suggested that some amendments could be placed on the November ballot and some could be held over a period of time and placed on other elections. She stated her belief that the four technical corrections could be put on the ballot easily and she added that she did not believe that term limits should be repealed. Mayor Daly asked the City Attorney if the 33 questions could be reduced to a lesser number for ballot purposes and was there any possibility of combining or merging those into fewer questions or would the ten items mentioned have to be ten separate questions. City Attorney Jack White responded that the subjects in most of the ten were diverse, they could be combined even though they were not on identical subjects. He gave a historical perspective, saying that the more individual items combined in a single measure; the less likely it would be adopted. He stated that on the technical amendments, the first one offered by the Mayor, actually combined 17 of the 33 into one item which was basically half of the amendments. City Attorney White stated that his goal, if he received direction this date, would be to bring back to Council draft language by July 25, 2000, it would need to be adopted by August 8, 2000, which was the deadline. There would be sixteen questions to be brought back, he finalized. Council Member Kring discussed term limits with regard to the two*year and four-year term of Mayor. She asked if they could go back to having a rotational Mayor and not have the Mayor as a separate elected official. She said the Charter Review Committee was appointed a year ago to give recommendations to Council that did not mean that everything would go on the ballot, clarifying that she did not support placing all recommendations on the ballot. Mayor Daly made a motion to have the City Attorney prepare language for the ten subjects previously mentioned, seconded by Council Member McCracken. Council Member Tait expressed his concern that 20 issues would be difficult for the voters to deal with. Regarding Section 1221, which he said he believed allowed the utility to increase water and electric rates without a cost increase, the current Charter language limits Council from raising rates without appropriate cost increase and he felt it was a safeguard. He said he would vote to keep that in the Charter. He said he was against changing current provision for term limits, adding that the voters voted for term limits. He noted his opposition to increasing Council pay. Mayor Daly clarified that term limits and Council pay were not on the suggested list of 10 amendments to have language drafted. CITY OF ANAHEIM CITY COUNCIL MINUTES JULY 11, 2000 PAGE 12 Mayor Daly noted that the motion on the floor was to direct staff to return with language for the 10 with the understanding that the list may be reduced because of the length of the ballot. Motion carried unanimously. Mayor Daly asked if there were any other items to add to the list. Council Member Feldhaus moved to add the additional eight items, for the purpose of drafting language. City Attorney White clarified that they were: Sections 502, 503.5, 705, 706, 10.204, 10.205, 10.206, and 1219. Upon a question by Mayor Daly, Mr. White said he believed 705 and 706 could be combined and that he could look at combining others. Council Member McCracken seconded the motion. Council Member Tait asked that the City Attorney group the subjects together so they are clear to the voters and Council Member Feldhaus said he would make that a pad of the motion. Motion carried with 4 ayes: Mayor Daly, Council Members McCracken, Tait, Feldhaus. Noes: 1, Council Member Kring. A35. VOTING DELEGATE LEAGUE OF CALIFORNIA CITIES: Designate a voting delegate and alternate for the League Annual conference to be held September 7, 2000 through September 9, 2000, in Anaheim. Mayor Daly moved that the Voting Delegate be himself and the Alternate by Mayor Pro Tem McCracken. Motion carried unanimously. A36. POOL ROOM PERMIT APPLICATION: PRESS BOX SPORTS BAR AND GRILL, to consider the application of Chong Kahng to operate three pool tables at 480 North Glassell Street. Code Enforcement Manager, John Poole, explained that this was a new business owner. Council had previously approved the pool hall permit in November 1993 and there had been no complaints regarding the operation of the pool hall. He noted the Police Department concurred with his recommendation that the permit be granted. Mayor Daly asked if the approval would change the permit from four to seven and Mr. Poole responded that it would actually reduce it from four to three, Mayor Daly moved to approve the application for the Press Box Sports Bar and Grill to operate three pool tables at 480 North Glassell Street, seconded by Council Member McCracken. Motion carried unanimously. CITY OF ANAHEIM CITY COUNCIL MINUTES JULY 11, 2000 PAGE 13 Items B1 through B8 From Planning Commission Meeting of June 19, 2000: (No action necessary unless Council desires to set a padicular item for public hearing.) APPEAL PERIOD ENDS JULY 11, 2000 B1. RECLASSIFICATION NO. 99-00-18 CONDITIONAL USE PERMIT NO. 4184 WAIVER OF CODE REQUIREMENT AND NEGATIVE DECLARATION: OWNER: Charles Hance, 828 West Vermont Avenue, Anaheim, CA 92805 LOCATION: Podion A: 828 West Vermont Avenue. Portion B: 800 West Vermont Avenue. Property is 0.9 acre located on the south side of Vermont Avenue, 110 feet west of the centerline of Citron Street (Podion A); and a 1.1 acre parcel south of and contiguous to Portion A with no frontage on a public street (Podion B). Reclassification No. 99-00-18 - To reclassify Portion B of subject property from RS-A-43,000 (Residential/Agricultural) Zone to CL (Commercial Limited) Zone. Conditional Use Permit No. 4184 - To permit and retain an existing unpermitted truck rental facility in connection with an existing permitted auto sales dealer with waiver of (a) required number of trees, (b) required parking lot landscaping, (c) required landscaped setback adjacent to an arterial highway and (d) required landscaped setback adjacent to any residential zone. ACTION TAKEN BY THE PLANNING COMMISSION: WITHDRAWN by the applicant. B2. VARIANCE NO. 2000-04397 CATEGORICALLY EXEMPT-CLASS 3: OWNER: John H. Haney, 668 South Pathfinder Trail, Anaheim, CA 92807 AGENT: Gloria D. Haney, 668 South Pathfinder Trail, Anaheim, CA 92807 LOCATION: 668 South Pathfinder Trail, Property is 0.24 acre located on the south side of Pathfinder Trail, 690 feet east of the centerline of Scout Trail. Waiver of (a) maximum fence height and (b) required side yard setback, to retain a patio structure and built up wall. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 2000-04397 DENIED (PC2000-81) (6 yes votes, Commissioner Arnold absent). Variance No. 2000-04397 was appealed and would be set for future hearing date. B3. CONDITIONAL USE PERMIT NO. 3693 (CUP TRACKING NO. 2000-04218) AND NEGATIVE DECLARATION: OWNER: Paul Mittman and Margaret Ann Mittman, 14501 Phillip Lane, Sonora, CA 95370 AGENT: Anthony Fasano, Jr., 1011 North Harbor Boulevard, Anaheim, CA 92805 LOCATION: 1011 North Harbor Boulevard. Property is 0.76 acre located on the west side of Harbor Boulevard, 250 feet north of the centerline of La Palma Avenue (Calvary Chapel Open Door). To consider reinstatement of this permit which has a time limitation (originally approved on August 18, 1997, to expire June 27, 2000) to retain a church CITY OF ANAHEIM CITY COUNCIL MINUTES JULY 11, 2000 PAGE 14 including on-site food collection, distribution, and storage facilities in conjunction with church activities. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement of CUP NO. 3693 (CUP TRACKING NO. 2000-04218) and removed the time limitation (PC2000-82) (6 yes votes, Commissioner Arnold absent). Negative Declaration previously approved. B4. B5. CONDITIONAL USE PERMIT NO. 3843 (CUP TRACKING NO. 2000-04220) AND NEGATIVE DECLARATION: OWNER: Shakeur and Yahya Cyrus, 2600 West Lincoln Avenue, Anaheim, CA 92801 LOCATION: 2600 West Lincoln Avenue. Property is 0.29 acre located at the southwest corner of Lincoln Avenue and Magnolia Avenue (Wheel Service Texaco). To consider reinstatement of this permit by the modification or deletion of a condition of approval pedaining to a time limitation (originally approved on June 10, 1996, to expire on June 10, 2000) to retain retail tire sales and installation, automobile repair with accessory sales of parts, and used automobile sales. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement of CUP NO. 3843 (CUP TRACKING NO. 2000-04220) for three years to expire June 13, 2003 (PC2000-83) (5 yes votes, Commissioner Boydstun voted no and Commissioner Arnold was absent). CONDITIONAL USE PERMIT NO, 4115 (CUP TRACKING NO. 2000-04219) AND NEGATIVE DECLARATION: OWNER: Melvyn Lane Henkin Trust, 1300 Quail Street #106, Newport Beach, CA 92660 AGENT: Bob Portale, 5242 Argosy, Huntington Beach, CA 92649 LOCATION: 5634-5636 East La Palma Avenue. Property is 3.2 acres located south and west of the southwest corner of La Palma Avenue and Imperial Highway. To consider reinstatement of this permit which currently contains a time limitation (originally approved on June 7, 1999, to expire on June 7, 2000) to retain an amusement device arcade with up to 170 amusement devices within a family entedainment center. ACTION TAKEN BY THE PLANNING COMMISSION: Approved reinstatement of CUP NO. 4115 (CUP TRACKING NO. 2000-04219) for five years to expire June 7, 2005 (PC2000-84) (6 yes votes, Commissioner Arnold absent). Negative Declaration previously approved. REPORT AND RECOMMENDATION ITEMS: CITY OF ANAHEIM CITY COUNCIL MINUTES JULY 11, 2000 PAGE 15 B6. CEQA EXEMPTION SECTION 15061(B)(3) REQUEST INITIATION OF GENERAL PLAN AMENDMENT AND ZONING RECLASSIFICATION PROCEEDINGS FOR TWO FREEWAY REMNANT PARCELS: City-initiated (Planning Department), 200 South Anaheim Boulevard, Room 162, Anaheim, CA 92805, City-initiated request to amend the Land Use Element of the General Plan redesignating subject properties from the Medium Density Residential Designation to the Low-Medium Density Residential Designation and to reclassify Parcel 1 from the RM-1200 (Residential, Multiple- Family) Zone to the RS-5000 (Residential, Single Family) Zone and Parcel 2 from the RM-1200 (Residential, Multiple-Family) Zone to the RM-2400 (Residential, Multiple-Family) Zone. Properties are located at (Parcel 1 ) 1830 West Crescent Avenue and (Parcel 2) 2030 West Greenleaf Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: Initiated a general plan amendment and reclassification proceeding for both parcels. (Vote for Parcel 1: 5 yes votes, Commissioner Vanderbilt declared a conflict of interest and Commissioner Arnold absent). (Vote for Parcel 2:6 yes votes, Commissioner Arnold absent). B7. CEQA NEGATIVE DECLARATION (PREV.-APPROVED) CONDITIONAL USE PERMIT NO. 2844 (CONDITIONAL USE PERMIT TRACKING NO. 2000-04226) - REQUEST FOR SUBSTANTIAL CONFORMANCE: Western States Engineering & Construction, Inc. Attn: Carmen Begay, 1150 North Richfield Road, Anaheim, CA 92807, request to determine substantial conformance with previously-approved sign plans and accent colors for an existing service station. Property is located at 8275 East Santa Ana Canyon Road. ACTION TAKEN BY THE PLANNING COMMISSION: Approved to be in substantial conformance (6 yes votes, Commissioner Arnold absent). B8. MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN NO. 004 CONDITIONAL USE PERMIT NO. 4078 - REQUEST FOR EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL: Pointe Anaheim LLC, Attn: Robert SheIron, 777 Convention Way, Suite 100, Ariahelm, CA 92688, requests a one-year time extension for Conditional Use Permit No. 4078 in order tO allow the Pointe Anaheim project developers time to complete the acquisition of the 29.1 acre project site, conclude arranging of financing for the planned improvements and to implement the project conditions of approval. The Pointe Anaheim Lifestyle Retail and Entertainment Project (hereinafter, "Pointe Ariahelm project) encompasses an irregularly-shaped area within the Anaheim Resort area, consisting of ten parcels totaling approximately 29.1 acres with frontages of approximately 585 feet on the east side of Harbor Boulevard, 1,483 feet on the south side of Disney Way, 887 feet on the west side of Freedman Way and 726 feet on the north side of Katella Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: CITY OF ANAHEIM CITY COUNCIL MINUTES JULY 11, 2000 PAGE 16 Extension of time to comply with conditions of approval for CUP NO. 4078 APPROVED to expire August 13, 2001 (6 yes votes, Commissioner Arnold absent). Approved Mitigated Negative Declaration and previously approved Mitigation Monitoring Plan No. 004. No items were set for hearing by Council. PUBLIC HEARINGS: C1. PUBLIC HEARING - ABANDONMENT NO. 97-12A To consider the abandonment and sale of 35 lineal feet of access rights on Imperial Highway, located approximately 220 feet north of the northeast corner of Imperial Highway and Santa Ana Canyon Road (ABANDONMENT NO. 97-12A). At their meeting held May 23, 2000, the Anaheim City Council adopted Resolution No. 2000R-79 declaring its intention to vacate certain public streets, highways, and service easements, and to consider abandoning declaring its intention to vacate certain public streets, highways and service easements and setting a date and time to consider abandonment and sale of 35 lineal feet of access rights on Imperial Highway, located approximately 220 feet north of the northeast corner of Imperial Highway and Santa Ana Canyon Road REQUESTED BY: Imperial Canyon Shopping Center, c/o Mr. Joseph Kung, 5581-1 Santa Ana Canyon Road, Anaheim, CA 92807 Natalie Meeks, Public Works Department, presented the staff report, which is a part of these minutes. Mayor Daly opened the public hearing and hearing no testimony; he closed the Public Hearing. Mayor Daly moved approval of the CEQA environmental findings, seconded by Council Member McCracken. Motion carried unanimously. Mayor Daly offered Resolution No. 2000R-136 for adoption in support of abandonment. RESOLUTION NO. 2000R-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS FOR ABANDONMENT NO. 97-12A Roll call vote: Ayes - 5: Mayor Daly, Council Members McCracken, Tait, Kring, Feldhaus. Noes - none: Motion carried unanimously. CITY OF ANAHEIM CITY COUNCIL MINUTES JULY 11, 2000 PAGE 17 C2. PUBLIC HEARING - ABANDONMENT NO. 00-5A To consider the abandonment of certain street and public utility easements located at Jeffrey Drive, Michelle Drive and the alleys between Jeffrey and Michelle, and Walnut and Jeffrey, all between Lynne and Audre, together with Audre Drive between Walnut and the alley between Michelle and Hampstead (ABANDONMENT NO. 00-5A). At their meeting held June 8, 2000, Item A9, the Anaheim City Council adopted Resolution No. 2000R-85 declaring its intention to vacate certain public streets, highways, and service easements, and to consider abandoning certain street and public utility easements located at Jeffrey Drive, Michelle Drive and the alleys between Jeffrey and Michelle, and Walnut and Jeffrey, all between Lynne and Audre, together with Audre Drive between Walnut and the alley between Michelle and Hampstead (ABANDONMENT NO. 00-5A). REQUESTED BY: Anaheim Housing Authority, 201 South Anaheim Boulevard, #1003, Anaheim, CA 92805 City Clerk Schroeder noted an error on the agenda, Abandonment No. 00-5A was requested by the Anaheim Housing Authority. She noted a late arriving letter from a resident suppoding the abandonment. Mayor Daly opened the public hearing. Len Spivak, said he was representing six owners that had not sold and were affected by the abandonment. He noted he received a registered letter last Saturday, informing him of the meeting of this date, his attorney did not receive notice. He referred to a letter from his attorney, Palmieri, Tyler, Wiener, Wilhelm & Waldron, dated July 11, 2000, which is made a part of the record. The letter was signed by Michael Leifer and Mr. Spivak read portions of the letter. Discussion took place regarding Mr. Spivak's statement regarding landlocked streets. Executive Director Community Development, Elisa Stipkovich, said he thought Mr. Spivak was referring to 1538 Jeffrey, which was indicated as no participation. Kyle Pritchard, President Kaleidoscope Homeowners Association, stated their support of the development efforts in the resort and Jeffrey Lynn areas. He urged Council to continue to work with perimeter unit owners on Walnut, Cerritos, and 9th Streets to include those properties in the development process. kinda Davidson, Pepperwood resident and President of the Homeowners Association, stated she spoke for the residents, urged Council to support the project. Bob Wall, 1532 West Lester, stated that the alleys in the Jeffrey Lynn area were a collection place for litter, graffiti and criminals and he urged Council to continue with their overall plan. Lucille Justiniani said she did not understand easements and abandonments, but she did not like it. She said the residents were poor but good people and asked Council to act fairly. CITY OF ANAHEIM CITY COUNCIL MINUTES JULY 11, 2000 PAGE 18 Hearing no further testimony, Mayor Daly closed the public hearing. Mayor Daly asked City Attorney White to comment on the issues raised by Mr. Spivak and issues presented in a letter from Palmieri, Tyler. City Attorney White said all of the issues presented by Mr. Spivak had previously been reviewed by staff, it was their view that the proposed vacations of the streets was in accordance with all the requirements of law and it does not result in a compensible damaging or taking of the property. He noted that the public streets would become private streets, the advantage being that the owners could have a gated community, which provides additional security. He added that it was not the intent to landlock any parcel, that all parcels would continue to have access to the public street system. All issues in the letter from Palmieri, Tyler were addressed and complied with the requirements of law. Council Member Tait asked if there was any access being taken away from any of the properties. Community Development Executive Director, Elisa Stipkovich, responded that all property owners would be given access and part of the action taken this meeting would grant an easement which would give them the right of access to their properties. She added that all of the cost of putting in the new system and new common area would be borne by the project at no cost to the owner, no operational costs for the gates and the maintenance of the streets would be the responsibility of the owners. Council Member Tait asked about assurance that the easement could not be taken away and Mr. White responded that they would be on record and provide property interest to all of the property owners that would take access across the private easement. He said the City could not revoke it. Council Member Tait said he would support the proposal even though he had voted against all other Jeffrey-Lynn items in the past. He felt it was not taking property from owners and not hurting the tenants. Council Member Kring asked Ms. Stipkovich to explain what Mr. Spivak meant by land locked properties. Ms. Stipkovich said she thought what he was referring to was where it was located on the street, but as the City Attorney mentioned, the action being requested this date would grant an easement so that everyone in the project would immediately have the property right to gain access to the property, for tenants and for themselves. She said no one would be land locked. Council Member Kring asked about the electronic access to the gates and the reply was that a specific method had not yet been chosen. Mayor Daly moved to approve the CEQA environmental finding, seconded by Council Member McCracken. Motion carried unanimously. Mayor Daly offered Resolution No. 2000R-137for adoption. CITY OF ANAHEIM CITY COUNCIL MINUTES JULY 11, 2000 PAGE 19 RESOLUTION NO. 2000R~137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING CERTAIN PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS FOR ABANDONMENT 00-5A Roll call vote: 5 ayes: Mayor Daly, Council Members McCracken, Tait, Feldhaus, Kring. Noes: none. Motion carried unanimously. C3. PUBLIC HEARING -ABANDONMENT NO. 00-6A To consider the abandonment of that certain blanket easement for water purposes (originally granted to Dyke Water Company) bounded generally by Cerritos Avenue on the north, Walnut Street on the east, the Southern California Edison easement on the south, and Ninth Street on the west (ABANDONMENT NO. 00-6A). At their meeting held June 6, 2000, Item A10, the Anaheim City Council adopted Resolution No. 2000R-86 declaring its intention to vacate certain public streets, highways, and service easements, and to consider abandoning that certain blanket easement for water purposes (originally granted to Dyke Water Company) bounded generally by Cerritos Avenue on the north, Walnut Street on the east, the Southern California Edison easement on the south, and Ninth Street on the west (ABANDONMENT NO. 00-6A). REQUESTED BY: Anaheim Housing Authority, 201 South Anaheim Boulevard, Anaheim, CA 92805. Mayor Daly opened the public hearing. Hearing no testimony, Mayor Daly closed the public hearing. Mayor Daly moved to approve the CEQA environmental findings, seconded by Council Member Kring. Motion carried unanimously. Mayor Daly offered Resolution No. 2000R-138 for adoption. RESOLUTION NO. 2000R-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING CERTAIN PUBLIC STREETS, HIGHWAYS, AND SERVICE EASEMENTS FOR ABANDONMENT 00-6A Roll call vote: 5 ayes: Mayor Daly, Council Members McCracken, Tait, Feldhaus, Kring. Noes: none. Motion carried unanimously. C4. PUBLIC HEARING -ABANDONMENT NO. 98-7A To consider the abandonment of that certain easement for utility purposes, six feet in width, extending northerly from Katella Avenue approximately 120 feet westerly of Ninth Street (ABANDONMENT NO. 98-7A). At their meeting held June 6, 2000, Item All, the Ariahelm City Council adopted Resolution No. 2000R-87 declaring its intention to vacate certain public streets, highways, and service easements, and to consider abandoning that certain easement for utility purposes, six feet in width, extending northerly from Katella CITY OF ANAHEIM CITY COUNCIL MINUTES JULY 11, 2000 PAGE 20 Avenue approximately 120 feet westerly of Ninth Street. (ABANDONMENT NO. 98-7A). REQUESTED BY: Orange County Association for Buddhist Practices, Inc., 201 South Ariahelm Boulevard, Anaheim, CA 92805 Mayor Daly opened the public hearing and hearing no testimony; he closed the public hearing. Mayor Daly moved to approve the CEQA environmental findings, seconded by Council Member Kring. Motion carried unanimously. Mayor Daly offered Resolution No. 2000R-139 for adoption. RESOLUTION NO. 20000R-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS FOR ABANDONMENT NO. 98-7A Roll call vote: 5 ayes: Mayor Daly, Council Members McCracken, Tait, Feldhaus, Kring. Noes: none. Motion carried unanimously. C5. CONTINUED PUBLIC HEARING RECLASSIFICATION NO. 99-00-16 WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 4178 AND NEGATIVE DECLARATION: OWNER: David and Sandra Huarte, Trustees of the Joseph Huarte Trust UDT, 5036 Tierra Del Oro, Carlsbad, CA 920084350 AGENT: Joseph Boules, 20575 Easthill Drive, Yorba Linda, CA 92887 LOCATION: 891 South State College Boulevard. Property is 1.54 acres located at the northwest corner of Vermont Avenue and State College Boulevard (St. Verna Orthodox Coptic Church). Reclassification No. 99-00-16 - To reclassify subject property from CL (Commercial, Limited) Zone, RM-1200 (Residential, Multiple-Family) Zone and RS-7200 (Residential, Single-Family) Zone to RS-A-43,000 (Residential, Agricultural) Zone. Conditional Use Permit No. 4178 - To construct a church facility (including a multiple purpose assembly hall and Sunday school classrooms) in three phases, including temporary trailers for church use before and during construction with waiver of required setback for institutional uses adjacent to residential zones - APPROVED, (b) minimum number of parking spaces - APPROVED, (c) maximum required rear yard setback - DENIED and (f) minimum dimensions of parking spaces - DENIED. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification N0.99-00-16 GRANTED UNCONDITIONALLY (PC2000-24) (7 yes votes). CUP NO. 4178 GRANTED IN PART, approving waivers (a), (b), (c) and (d), and denying waivers (e) and (f) (PC2000-25) (6 yes votes, Commission Koos voted no). Waiver of Code Requirement APPROVED, IN PART. Approved Negative Declaration. CITY OF ANAHEIM CITY COUNCIL MINUTES JULY 11, 2000 PAGE 21 Informational item at the meeting of March 28, 2000, Item B3. Review of the Planning Commission's decision requested by Mayor Pro Tem McCracken and Mayor Daly. At the public hearing of May 2, 2000, Item C1, extensive input was received, public hearing was closed. On the resolutions offered for approval there was a tie vote thus necessitating continuance to May 16, 2000, Item C2, where action on the item was continued to May 23, 2000. The item was again continued from the meeting of May 23, 2000, Item C1. The City Clerk noted the receipt of a letter from the owner, David and Sandra Huarte, requesting a continuance to August 22, 2000 and to waive the 6-month time limit. Mayor Daly noted the Council had granted one continuance and he asked if it was necessary to grant another. City Attorney White responded that it was not necessary for Council to grant another continuance and that under the law, if the property owner was willing to waive the permit streamlining requirement for a decision within the 6 month period, the law permitted a one time extension of that for up to 90 days. He said Council had the discretion if they wished to continue the hearing to that date or even further. However, he added, Council did not have to continue the matter. Mayor Daly asked how many persons were in attendance in support of the project and a number of citizens stood indicating that they were in support. Upon asking for an indication of the number of persons in attendance in opposition to the project, a number of people stood. Mayor Daly said that because the item had been before Council a number of times and he felt it should not be continued. He noted one of the reasons for the last continuance was the option of having the requesting church work with a neighboring church for purposes of providing parking. He noted the public hearing has been closed but the Council had heard from a number of citizens regarding the project. He expressed his concerns about the project being too large for the site but that he felt the church would be a wonderful addition to the City, but to approve the project with four waivers, he felt would be unwise in this location and he would e casting a no vote. He encouraged the church to look for a larger site in the City. Mayor Daly moved to approve the CEQA environmental finding, seconded by Council Member Kring. Council Member Tait noted the church had a letter from an adjacent church, which would handle the overflow parking. He moved for a continuance to the August 22, 2000 meeting, seconded by Council Member Kring. Mayor Daly said regardless of an agreement with an adjacent church, the other waivers troubled him and he would oppose the continuance. Motion failed with a vote of 2 ayes: Council Members Tait and Kring, Noes: 3, Council Members McCracken, Feldhaus and Mayor Daly. Vote on the CEQA environmental findings, motion carried unanimously. CITY OF ANAHEIM CITY COUNCIL MINUTES JULY 11, 2000 PAGE 22 Mayor Daly offered Resolution No. 2000R-140 and 2000R-141 for adoption. Council Member Tait expressed his option that the church would be a great asset to the community and had gone to a great deal of effort to meet requirements. Staff and the Planning Commission had expressed that they did not think there would be a parking problem and Planning Commission approved the project on a 6 to I vote. He said he would vote affirmatively. Council Member Kring said she felt the church would be a great addition to the City and reiterated that the church could not grow beyond 150 families, which was a part of their rules. She noted that if they violated the CUP, the City would have remedy. She informed that many projects were given variances. Council Member McCracken explained that there were no limitations on the attendance in the fellowship hall, the building, which would be built first, and nowhere did the project mention when the church would be built. She noted that other properties offering parking to the project would be encumbering their property through the CUP process. She felt attempting to revoke a CUP from a church would be impossible. If the church would reduce the size of the fellowship hall, there might not be a parking problem in the future, she finalized. Council Member Tait said the there was a condition that limited the fellowship hall not to have services at the same time as the church and he added that he would be willing to place a condition in the CUP that spelled out that the fellowship hall would be limited to no more than the people allowed in the church, 300 people. He noted that reciprocal parking agreements were common. RESOLUTION NO. 2000R-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIPED RESOLUTION NO. 2000R-141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 4178 Roll call vote: Ayes 3: Mayor Daly, Council Members McCracken, Feldhaus. Nays - 2: Council Members TaiI and Krin9. Motion carried. Mayor Daly called for a short break. C6. CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2000- 04191 CATEGORICALLY EXEMPT-CLASS 32: OWNER: Sumanbhai N. Patel, 426 South Beach Boulevard, Anaheim, CA 92804 AGENT: Chevalier, Allen, and Lichman LLP, Attn: Berne Hart, 2603 Main Street #1000, Irvine, CA 92614 CITY OF ANAHEIM CITY COUNCIL MINUTES JULY t 1, 2000 PAGE 23 LOCATION: 426 South Beach Boulevard. Properly is 0.36 acre located on the east side of Beach Boulevard, 460 feet nodh of the centerline of Orange Avenue (Pacific Inn Motel). To retain an existing non-conforming 23-unit motel. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 2000-04191 DENIED (PC2000-48) (7 yes votes). Informational item at the City Council meeting of May 16, 2000, Item B2. Letter of appeal submitted by the Agent, Chevalier, Allen and Lichman LLP. Continued from the meeting of June 13, 2000, Item C1. Greg Hastings, Zoning Division Manager, Planning Depadment, presented the staff report dated June 13, 2000, which is a part of these minutes. Mayor Daly opened the public hearing and called for a speaker on behalf of the applicant. Barbara Lichman with the firm of Chevalier, Allen & Lichman said they represented the Pacific Inn Motel. She said it was their position, after hearing the staff report and reading the attended papers, that there was not sufficient evidence to support the basis of the Planning Commission's denial, the basis being that the Pacific Inn somehow interfered with the health and welfare of the citizens of Anaheim. She said she would not reiterate what they wrote in their original appeal letter, they had submitted a new, short letter and she said she would tell the Council the essence of what was in the letter. Ms. Lichman commended from the letter dated July 11, 2000, submitted as a part of the record. She said based on the statistics, she felt the Lincoln Inn posed far more of a threat to the health and safety of the people of Anaheim than the Pacific Inn ever did and she said the statistics given by staff on the Pacific Inn, the basis for their denial of the CUP, was on alleged infractions dating back to 1992. Since 1998 when the CUP was denied, she said there had been major improvements in the way the Pacific Inn had been run. She gave an example, citing a reduction of 20% in police calls since February of 1998 without the full time guard that had been a condition of the original CUP. She continued, adding that all drug arrests were eliminated, not one arrest since February of 1998. Regarding prostitution, she cited between February 1998 and June 14, 2000, Pacific Inn had no arrests for prostitution, so she did not see that as a major threat to the welfare of the community. Between February and April of 2000, the Covered Wagon Motel had three arrests for prostitution, yet the Covered Wagon Motel was granted a CUP. Ms. Lichman reported that June 14, 2000, a couple of days after the Planning Commission meeting at which the CUP for the Pacific Inn was denied, two arrests for prostitution were allegedly linked to the Pacific Inn, both took place off premises, unlike the Covered Wagon Motel arrests. She said one was a woman registered with her alleged husband at the Pacific Inn, the husband was immediately ejected. She informed the other arrest was a person not registered at the Pacific Inn but accompanying a male guest, the male guest was immediately ejected. She said there was no evidence whatsoever that the proprietor of the Pacific Inn had any knowledge of the presence of those women at the Pacific Inn, let alone any connection with prostitution. Regarding the issue of long-term guests, Ms. Lichman reported there were seven long- term guests in 1998 at the Pacific Inn. Since that time, two had left, two were leaving; one July 14th and one July 21st; two were looking for homes and one was being evicted CITY OF ANAHEIM CITY COUNCIL MINUTES JULY 11, 2000 PAGE 24 by the proprietor of the Pacific Inn, all without any action by the Hotel/Motel Task Force. Yet, she said, other hotels that received CUP's were given until January 15, 2001 to eject their long-term guests. She explained there would be long term tenants in alleged violation of City Codes in other hotels, there would not be in the Pacific Inn, yet the Pacific Inn was denied a CUP. The fact was, she exclaimed, that the long-term guests were sent there in large part by Orange County charities that were sheltering people who had no other shelter. The Pacific Inn took in people sent to them by the Catholic Charities of Orange County, Share Ourselves, Salvation Army and the Southwest Community Center, she said, noting that at the same time the City of Anaheim wanted to close the Pacific Inn as a nuisance and a den of inequity, the County of Orange was depending on it to house people who had no other place to go. Ms. Lichman said forcing the Pacific Inn out of business would accomplish nothing for the City or the welfare of its residents, it would force the same long-term residents into the other motels to which the City had granted CUP's. She said it appeared that the Planning Commission treated motels in like-positions in different ways, selectively applying the codes of the City and disregarding the statistics applicable to the Pacific Inn. She asked Council to take the facts and statistics into consideration and grant the Pacific Inn's appeal, grant the CUP with whatever conditions Council felt was appropriate to guard the safety and welfare of the people of Anaheim, but do so in an equitable and legal fashion Mr. Patel, 7878 Crescent Ave., Buena Park, asked if the owner had committed a crime that he deserved this kind of penalty. He said he was of a society, which cared for the fallen. He asked if someone fought in the motel, was it the owner's fault, and if the police had to be called five times, that was their duty. He felt this was too much of a punishment for a crime, which was not justified. Mayor Daly offered a final summarization to Ms. Lichman and she declined. Council Member Kring asked Ms. Lichman how a motel or hotel got on the list that the charities used to send people for shelter. Ms. Lichman responded that a hotel submitted their name and it went in rotation. She added that it was prepaid. Council Member Kring asked what other Anaheim hotels were on the list and Ms. Lichman said she did not know. Council Member Kring asked how long the Pacific Inn had been on the list and Ms. Lichman said she was not sure, at least the two years she had represented them. Council Member Tait asked Code Enforcement if they had seen the declaration from Mr. Patel listing the items he had repaired. John Poole, Code Enforcement, said they had not had the opportunity to review the information that he had given to Council, but they had inspected and he presented photos from the March, May and July inspections, which have been made a part of this record. Mayor Daly asked Mr. Poole to clarify which information he did not have an opportunity to review. He responded that the information submitted this date, he had not reviewed. CITY OF ANAHEIM CITY COUNCIL MINUTES JULY 11, 2000 PAGE 25 Council Member Tait gave Mr. Poole a copy of a declaration of Samanbhai N. Patel, dated May 15, 2000, which is a part of this record and attached to the correspondence dated May 15, 2000 from Chevalier, Allen & Lichman. Council Member Tait asked if there was existing code violations as of the last inspection. Mr. Poole responded that as of July 7, 2000, the only violation was exhaust fans, rather minor at this time, He said the thing that concerned Code Enforcement was that there was a continual renting of the units on a long term basis and if Council reviewed the inspection photos dated March 31, 2000, May 31, 2000 and July 6, 2000, there was food items, refrigerators in a number of the rooms that were being used by long term tenants. Council Member Tait commented that other than that, there didn't seem to be a lot of problems other than people storing personnel things. Mr. Poole replied that was true at this time, but that was the third time the motel had been inspected since March and those types of properties did have a tendency to improve when extensive inspections were done and they were going before Council. Council Member Kring noted that the speaker said the seven long-term tenants were leaving. Mr. Poole said their records show there were still six long-term tenants on the property. Mayor Daly asked Mr. Poole how many of the March 31st photos would constitute code violations and Mr. Poole said the owner was notified by a letter sent this date that there were currently eight violations that needed to be corrected. Council Member Kring asked if the letter had just been mailed this date and Mr. Poole said that was correct, but the officer discussed the outstanding violations with the motel owner when he inspected on July 6, 2000. She asked how much time was given to repair the violations and Mr. Poole answered 30 days. Mayor Daly closed the public hearing. Council Member McCracken, referring to comparisons made to other motels, informed that the Pacific Inn motel had been operating without a permit. Mr. Poole responded that each of the motels was being handled on an individual basis. He said Ms. Lichman referred to the Lincoln Inn, which had it's CUP modified by the Planning Commission, who extended the CUP until January of 2001 and the main reason they extended it was to give the owner of the properly time to get the permanent tenants other accommodations or make other arrangements. He added that the record would show that Code Enforcement had worked several years to get the Pacific Inn to apply for the CUP, when a criminal complaint was filed in North Court in December of 1999, then they filed for the CUP that is being considered now. He added that they did not do that voluntarily. CITY OF ANAHEIM CITY COUNCIL MINUTES JULY 11, 2000 PAGE 26 Council Member Kring asked the City Attorney if the CUP was denied, what would happen to the properly. City Attorney White answered that if the CUP was denied, any further use of the property as a motel would be in violation of the Zoning Code and the prosecution for that would continue or the City could seek injunctive relief. He suggested that the three inspection reports submitted by staff were actually put into evidence after the public hearing was closed and in the interest of due process, he felt it appropriate if Ms. Lichman wished to comment on those reports. Council Member Kring clarified that the motel was in violation since they had no CUP. Mr. White provided the following history; the Pacific Inn had a CUP that was issued back in 1979, due to the operation, it was brought to a hearing in front of a hearing officer referred by the Council, the hearing officer made a recommendation which included putting an expiration date in the CUP. That was approved by the Council, Mr. White noted, amendments to the conditions of the CUP were put in place to include the expiration, the permit expired and the motel continued to operate. He said the City then filed a criminal action for a zoning violation for operating without a CUP at which time the owner applied for a new CUP, which was what was before Council this date. The criminal case had been held in abeyance pending the final outcome on the permit. Mr. White suggested re-opening the hearing for the limited purpose of allowing Ms. Lichman or the property owner to respond to the staff information presented in the three inspection reports. Mayor Daly re-opened the public hearing for that purpose. Ms. Lichman introduced her associate, Berne Hart, and she reminded Council that an application for a CUP was filed in the name of Rick Patel long before the most recent application in the name of Sumanbhai Patel. She said there was a pending application for a CUP a year and a half ago, long before a criminal complaint. She said there were some problems, the Planning Department lost the application and it had to be re- documented. Berne Hart of Chevalier, Allen & Lichman, said that in respect to the photos given to Council, the photographs of March 31, 2000 attached to their appeal were the corrective photographs for the discrepancies, submitted along with their appeal. With the respect to the most recent eight violations, Mr. Hart submitted photographs that addressed each of the violations, taken within the last day or two. He said the discrepancies were minor, they were corrected immediately in advance of Pacific Inn even receiving the notice which was mailed this date. Mr. White asked if he wished the photographs to be made a part of the record and Mr. Hart responded affirmatively. They were marked by room number, addressing the specific violation, he noted. Mayor Daly closed the public hearing. Council Member Tait wondered if the CUP was denied this date, would the guests have to move out and the motel could not operate and be boarded up. CITY OF ANAHEIM CITY COUNCIL MINUTES JULY 11, 2000 PAGE 27 Mr. White responded practically that was not what would probably happen, legally, if it was denied this date, it would continue to be an illegally operated motel until it was closed. Council Member Tait asked if legally the owner would have to close operations tomorrow, if denied this date. Mr. White answered legally the operation should have been closed back in 1998 when the last permit expired, but that did not happen and that was why it was before Council this date. He said that he did not think anyone on staff would say they anticipate a mass exodus tomorrow from the motel. He said legally it would continue to be operated as an illegal motel and the City would have civil and criminal remedies available to enforce the zoning code. Council Member Tait asked Mr. Patel if he could quantify, in dollars, the amount of investments made in the property this year. Ms. Lichman responded her client advised her approximately $20,000 between last year and this year. Council Member Feldhaus asked if the pictures being shown to Council were of rooms people had vacated from March and now the rooms were being cleaned up and repaired. Mr. Hart said no, the pictures addressed specifically the most recent code violations that were noted by Code Enforcement during their inspection of last week. Upon a question by Council Member Kring regarding the long term guests, Ms. Lichman reiterated that there were originally seven, two were gone, two will be leaving one on the 14th Of July, one on the 21st of July, one is being evicted by legal action and two were looking for housing, being assisted by Mr. Patel. Mr. Poole said when Code Enforcement inspected they went through the registration cards of July 6, 2000 and they still showed six individuals living there on a long-term basis, Council Member Kring said she felt this was a fairness issue, if the City gave Lincoln Inn and Covered Wagon CUP's and there was less crime and less code violations and less calls for police activity at the Pacific Inn, she did not see how the City could treat one property differently than others. She asked to hear from the Police Department. Sergeant Sutter, Anaheim Police Department, responded with statistics for the last six months, noting there were 27 calls for service at Pacific Inn, 17 of which were directly related to the business, two were actual individuals, one female prostitute who was arrested was going to take the undercover officer to her room at the Pacific Inn and the other directed the undercover officer to meet her there. Regarding specifics given earlier, he noted that the Pacific Inn had 23 rooms and the Lincoln Inn had about five times that many, which threw comparisons off. Compared to other hotels on Beach Blvd. he said the Anaheim Lodge at 837 S. Beach Blvd. had 45 rooms, they had 18 CITY OF ANAHEIM CITY COUNCIL MINUTES JULY 11, 2000 PAGE 28 calls for service during the first six months of this year; the Moonlight Motel, 735 S. Beach, had 42 rooms, they had 12 calls for service but only 2 could be directly attributed to them and the Americana Motel at 130 S. Beach Blvd. had 44 rooms and they had 13 calls for service of which only nine could be attributed to the location. Sergeant Sutter explained the computer records on prostitution arrests and added that when he worked vice, he had made arrests of females from that location, for years there has been prostitutes working that area and the hotels. Council Member Tait asked Sergeant Surfer to break down the 27 calls for service at Pacific Inn and Sergeant Sufter reported: disturbance in the parking lot, drunk in public, 17 year old son tore up a room, resident's screaming, windows being broken, landlord disputes, someone kicking in a door, a battery, a theft, someone refusing to check out, a call suspecting narcotic activity in a couple of the rooms, landlord/tenant dispute after the 28 day stay, noisy subjects and a theft of phones. Council Member McCracken asked if the motel was supposed to have daily maid service and security and Mr. Poole responded that the previous CUP required on-site security but he did not know if the previous CUP required daily maid service, Mayor Daly noted that he felt there was a clear, strong recommendation from staff as well as the Planning Commission and he said he felt there was substantial evidence to support the Planning Commission recommendation. He moved to approve the environmental finding, seconded by Council Member Kring. Motion carried unanimously. Mayor Daly offered Resolution No. 2000R-140, denying Conditional Use Permit No. 2000-04191. Council Member Tait said this was a tough issue and it seemed liked staff was recommending denial not so much for the deterioration of the property but for the long term stay of its tenants and he said he had voted repeatedly that he did not think the City should limit the stay in motel rooms. He said there were a number of calls for service but a number of the calls were actually resulting from the owner trying to evict some tenants. If it was denied, he said, the City would end up eventually with a boarded up motel and it would probably stay that way for some time. He felt the wiser move would be to work with the owner, pictures show it was fairly clean inside, problems were with tenants' storage of materials and such. He said he would vote against the motion. Mayor Daly added that he felt there was a clear pattern of criminal activity and of substantial cost to the taxpayers to police the properly. He offered Resolution No. 2000R-140 for adoption: RESOLUTION NO. 2000R-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANANEIM DENYING CONDITIONAL USE PERMIT NO. 2000- 04191 Roll call vote: Ayes 3: Mayor Daly, Council Members McCracken, Feldhaus. Noes Council Members Tait, Kring. Motion carried. CITY OF ANAHEIM CITY COUNCIL MINUTES JULY I I, 2000 PAGE 29 C7. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2000-04222 WAIVER OF CODE REQUIREMENT ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 189: OWNER: City of Anaheim (Redevelopment Agency), 201 South Anaheim Boulevard, Suite 1003, Anaheim, CA 92805 AGENT: Avalon Acquisition Corporation, Attn: Mr. Adam Cole, 495 Nodh Commons Drive, Suite 200, Aurora, Illinois 69504 LOCATION: 400 West Lincoln Avenue and 100 South Harbor Boulevard. Properly is 3.0 acres located at the southeast corner of Lincoln Avenue and Harbor Boulevard. To construct a live performance theater including banquet facilities with outdoor dining area and the sales of alcoholic beverages for on-premises consumption and construction of a freestanding electronic reader board (changeable message) sign with waiver of (a) minimum number of parking spaces, (b) maximum height, width, area and location of freestanding reader board sign. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 2000-04222 GRANTED (PC2000-72) (6 yes votes, Commissioner Bostwick absent). Approved waiver of code requirement. EIR NO. 189 previously approved. Informational item at the City Council meeting of June 20, 2000, Item B2. Review of the Planning Commission's decision requested by Mayor Daly and Council Member McCracken. Greg Hastings, Zoning Division Manager, presented the staff report, which is a part of these minutes. Mayor Daly asked if more detail would be returned to Council on the electronic reader board. Ms. Stipkovich, Executive Director Community Development, responded that the final design for the building would come forward to Council as a redevelopment project and the technology for the reader board had not specifically designed and she anticipated that through the redevelopment approval there would be an approval process. The hours of visibility of the sign would also be contained in the agreement that Council would review. She said the project would not go forward without the Redevelopment Agency sale of the land, the zoning action being considered by Council this date was not the final action for the project, more detail would come forward. Mayor Daly asked the size of the reader board and Mr. Hastings responded the height was 75 feet, width was 50 feet and the face of the sign was 38 feet by 28 feet, 1,084 square feet. Mayor Daly asked for more information about the technology and characteristics about the reader board. Adam Cole, Director of Real Estate for ASFX Entertainment, responded that the reader board technology was their effod to provide the community with a contemporary, state- of-the ad facility, of which the reader board was a part. He said it was a concept sign, CITY OF ANAHEIM CITY COUNCIL MINUTES JULY 11, 2000 PAGE 30 not in current production and not fully developed. He said further details would be presented with the development agreement. Mr. Cole said the intention was to identify the building as a theater building and what productions would take place. Mayor Daly said his concern was the residents within a block of the facility. He asked if it would be visible from Harbor Blvd. and Mr. Cole said it was not flatly visible from Harbor, the entrance of the venue was centered on the Promenade circle. He noted a corner might be viewed from some corner of Lincoln or Harbor but not the face. Mayor Daly said one of the draft plans showed some light projecting on the large wall that faced the back of the stage facing Harbor and Lincoln. Ms. Stipkovich said that maybe in an early draft they might have indicated that they wanted to do something like that, but that has been removed. She said a regular sign would be on Harbor. Council Member Tait said he appreciated the landscaping on the corner of Lincoln and Harbor and he asked the projected completion date. Mr. Cole said the current schedule suggested that the soonest opening would be in the first quarter of 2002. Mayor Daly asked about the name of the building and Ms. Stipkovich said the current title was a working title, people have reacted positively to it, but it was not the final name that would be discussed in the redevelopment agreement. Mayor Daly opened the public hearing and hearing no testimony, he closed the hearing. Mayor Daly moved to approve the CEQA environmental findings, seconded by Council Member Tait and motion carried unanimously. Mayor Daly offered Resolution No. 2000R-143 for adoption. RESOLUTION NO. 2000R-143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2000-04222 Mayor Daly asked Mr. Hastings to explain the rational for the parking waiver. Mr. Hastings answered that downtown thera was a total of 2,388 parking spaces owned and under control of the Redevelopment Agency and a study completed indicated there was sufficient parking. Roll call vote: Ayes - 5: Mayor Daly, Council Members McCracken, Tait, Feldhaus, Kring, Motion carried, REPORT ON CLOSED SESSION: City Attorney White noted there were no actions to report from Closed Session. COUNCIL COMMUNICATIONS: Council Member McCracken suggested the Council Meeting of July 11, 2000 be adjourned in the memory of George Edwards, a 34 year resident, serving as Public CITY OF ANAHE1M CITY COUNCIL MINUTES JULY 11, 2000 PAGE 31 Utilities Department Power Resource Project Manager and also served on the Public Utilities Board and represented the City on the Orange County Vector Control Board. Council Members expressed their prayers and wishes for a speedy recovery for an Anaheim Police Officer injured in the line of duty. City Manger Ruth reported that he had just been informed that the alleged shooter of the officer had been apprehended. ADJOURNMENT: Being no furlher business to come before the Council and by general consent, Mayor Daly adjourned the meeting at 9:43 P.M. Respectfully submitted: Sheryll Schroeder, CMC/AAE City Clerk