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1997/04/15CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES APRIL 15, 1997 The City Council of the City of Anaheim met in regular session. PRESENT: PRESENT: ABSENT: PRESENT: MAYOR: Tom Daly COUNCIL MEMBERS: Shirley McCracken, Tom Tait, Bob Zemel, Lou Lopez COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl COMMUNITY DEVELOPMENT DIRECTOR: Lisa Stipkovich PUBLIC WORKS DIRECTOR/CITY ENGINEER: Gary Johnson CIVIL ENGINEER - DEVELOPMENT SERVICES: Natalie Meeks ZONING DIVISION MANAGER: Greg Hastings CODE ENFORCEMENT MANAGER: John Poole POLICE INVESTIGATOR: Tom Engle A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:45 p.m. on April 11, 1997 at the Civic Center Kiosk, containing all items as shown herein. Mayor Daly called the meeting to order at 3:15 p.m. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there were no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Close Session items. The following items are to be considered at the Closed Session. CONFERENCE WITH LABOR NEGOTIATOR: Agency negotiator: Dave Hill Employee organizations: Anaheim Municipal Employees' Association; Anaheim Firefighters' Association; HSEU Local 399; IBEW Local 47; Anaheim Police Association; GTDU Local 952 and non-represented. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SETION 54956.9(a) - Existing Litigation: Name of case: City of Anaheim v. Sony Corp of America, Inc. et al., Orange County Superior Court Case No. 74-40-99 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: two potential cases. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 15, 1997 CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Property: Electrical utility franchise for use of public rights-of-way (approx. 60 miles throughout City) Under negotiation: Price and terms of franchise LIABILITY CLAIMS: Claimant: Linda D. Ruiz Agency Claimed Against: City of Anaheim By general consent, the Council recessed into Closed Session. (3:16 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:22 p.m.) INVOCATION: Pastor Floyd Strater, Knott Avenue Christian Chruch, gave the invocation. FLAG SALUTE: Council Member Bob Zemel led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following Proclamations were issued by Mayor Daly and authorized by the City Council: Recognizing April, 1997, as Child Abuse Prevention Month in Anaheim Proclaiming May, 1997, as "Hire a Youth" Month" in Anaheim Jan Grotewold, Child Abuse Services Team (CAST), accompanied by five volunteers, accepted the Child Abuse Prevention Proclamation. Ms. Grotewold explained that the Team works in conjunction with the City's Police Department whereupon she acknowledged the contributions of the Police Officers and Detectives she has worked with, especially Detective Conklin who she introduced. Detective Robert Conklin, Anaheim Police Department. He serves in the City's Sexual Assault/Family Crime Detail where Detectives are tasked with the investigation of very serious and disturbing crimes mostly involving young children. He then explained the program and the services provided by the Child Abuse Team which is located in Orange and provides a one-stop location to handle all the needs of the children in crisis. Mayor Daly read the Proclamation and subsequently he and the Council Members personally greeted and commended Detective Conklin, Ms. Grotewold, and five members of the Team for the work that they do and the service they provide to the youngsters. Mary Ann Gillespie then read a poem, "Speak Up for a Child." Mayor Daly also thanked everyone involved in such a worthwhile and needed program. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 15, 1997 Joanna Rodgers, Manager, California Employment Development Department (EDD) and Paul Bostwick, Chairman, Anaheim Private Industry Council, accepted the "Hire a Youth Month" Proclamation. Mr. Bostwick thanked the City for supporting the program through Block Grant Funds. The program is important for the community and especially the youth to assist in finding employment; Joanna Rodgers. EDD is proud to be a part of the partnership. After briefing the program, she announced a Hire-A-Youth Job Fair to be held on Saturday, April 26, 1997 where over 40 employers wil be on site at the EDD Office. RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: 1. PROCLAMATION recognizing May, 1997, as Better Speech and Hearing month in Anaheim. PROCLAMATION recognizing April 26, 1997 as Western High School's Jazz Ensemble Festival Day. PROCLAMATION recognizing April 20 - 26, 1997, as Independent Order of Foresters Child Abuse Prevention Week in Anaheim. DECLARATION recognizing Trinity College of Graduate Studies on the opening of their Anaheim campus. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,984,234.28 for the period ending April 11, 1997, in accordance with the 1996-97 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:40 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. City Clerk Sohl. Item D1. is a scheduled Public Hearing to be held at 6:00 P.M. A request by the Applicant for a continuance to May 6, 1997 has been received. A number of people are present who expressed interest in speaking on this item. Mayor Daly asked the City Attorney to explain the procedures involved. City Attorney, Jack White. In order to afford due process to the applicant who has paid the filing fee and in this case also the appeal fee to bring the matter to the Council, the City always grants at least one continuance when requested by the applicant when they need more time to prepare their case. The applicant has requested a continuance from tonight's meeting to the meeting of May 6, 1997. When the Council reaches that item, his recommendation is that they follow the customary practice for legal reasons and honor the request at that time and then continue the matter to May 6, 1997 as requested. Mayor Daly asked for a show of hands on the number of citizens present for the Public Hearing; there were approximately six. Mayor Daly. It is the Council's practice and it will be a staff recommendation to continue the matter so the Public Hearing will not be held tonight. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 15, 1997 Council Member Zemel. He believes there are people who would like to be able to get their comments on the record. He asked if it would be appropriate to open the hearing and take their input this evening. City Attorney White. That would be up to the Council; however, he would encourage anyone who can possibly be present at the time the request will be heard in its entirety, to defer until that time. Council Member Zemel. He is recommending that they give an opportunity to people who came to the meeting a chance to speak realizing that probably no decision will be made this evening; City Attorney White. He does not see a legal problem although it is departing from the customary order of the proceedings. It makes it difficult to prepare the record of the case but it is solely at the discretion of the Council. Council Member Zemel. He will put it in the form of a motion that the Council accept public input at the appropriate time on Item D1. realizing that the Council will not take the hearing to its conclusion tonight. City Attorney White. The Council has a policy of limiting a speaker to speak once. If a person is speaking tonight but also attends the next meeting and hears something that the applicant says that they want to comment on, it is unlikely that they will be able to do so. Council Member Zemel. Before formally offering a motion, he asked for a show of hands of those who would like to speak tonight and cannot be present if the matter is continued to May 6 realizing it is beneficial that they be present at the rescheduled time; two people raised their hands. MOTION. Council Member Zemel moved that under Item DI., the Public Hearing on Conditional Use Permit No. 3908, that the hearing be opened and input invited from those who wish to speak tonight and that subsequently, the Public Hearing be continued to Tuesday, May 6, 1997 at 6:00 P.M. as requested by the applicant for a continuation of the hearing and a decision by the Council. Council Member Lopez seconded the motion. MOTION CARRIED. (See Item D1. which was discussed later in the meeting). ITEMS OF PUBLIC INTEREST: Jessica Castro, 221 N. Coffman, Anaheim. She is a representative of the United Neighborhoods Organization. United Neighborhoods stands for stopping abuse to the children in their community. She spoke previously (see minutes of 3/11/97) to address that issue and is present again regarding what she considers a very serious issue of discrimination and civil rights violations in their communities which they feel are everyday practices of many Police Officers in Anaheim. It is disturbing that there are abuses going on in their communities and they are not being made aware of those on a daily basis such as indiscriminate photographing of minors for the gang identification book, practices of excessive force, as well as abuse of authority in matters of housing, education and immigration. She asked that they stop the coverup. There is a critical situation in their neighborhoods needing immediate consideration. They have interviewed and documented cases of abuse by the Police Department. These will be submitted to the Civil Rights Commission on May 8, 1997. They will continue to advocate for citizens in their communities to receive the same treatment as citizens in their (Council's) section of Anaheim. They came to the Council meeting two weeks ago and were denied access while pro-Police supporters were given room and could speak without restriction. They will not be threatened or treated as second-class citizens any more. Steve Delgadillo, resident of Santa Ana, member of United Neighborhoods, former resident and employee of the City. (See minutes of 4/8/97 where Mr. Delgadillo also spoke on a Police issue). There is a need to improve the relationship between the community and the Police. United Neighborhoods has been characterized by the Police at neighborhood meetings recently as being anti-Police which is false. They are very much in support of (former Police Officer) Steve Nolan as well as other Police Officers. They praise Officers doing good work, but expect that disciplinary actions take place on those not following procedures. United Neighborhoods is not pro-crime or pro-gangs. He has petitions to submit to recall Chief Gaston. He asked that they be kept for the record in confidence. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 15, 1997 City Attorney White. He clarified that any information submitted to the City Clerk becomes a public record. The City cannot accept documents confidentially. If they are submitted, they will be public and anybody can come in and get a copy or review them. Steve Delgadillo. He stated then that would be all right and they are for the public record. (He thereupon submitted petitions containing approximately 180 names calling for the recall of Police Chief Gaston). At this time, there are other members of the community who would like to speak on behalf of United Neighborhoods. Richard Castillo, 1431 W. Chateau Avenue, Anaheim. (Also see minutes of the meeting of 3/11/97 where Mr. Castillo first addressed this issue). His son was a victim. Everything said already has come true. He has documentation of what happened which took place 13 years ago. It is happening and a jury said so with Steve Nolan. Josie Montoya, 221 N. Coffman, Anaheim. United Neighborhoods organized on or about December 8, 1996 after being eye witnesses to an incident that concerned them. They sent a letter to the Police Chief and met with representatives of the Police Department where they posed specific questions with regard to what they had seen but were not satisfied with the answers . They continue to go into the neighborhoods and talk to people who approach them about concerns of Police brutality, excessive force, etc., and over the last four months, have documented many cases. She cannot give specific names, dates and times because there is no way of protecting against possible retaliation. The hope is when the Commission comes on May 8, 1997, they will be able to bring the information to them and to the Council at the same time. It will then become public information for the community. As a retiree, a senior citizen and having lived all her life in Anaheim, she is concerned about the situation with relations in the Hispanic community and the Police Department. She feels it is a dangerous and critical time. They are giving the community hope that their stories will be heard and that the leadership of the community -- the Mayor, City Council and Police Chief -- will stop denying the problem. They continue to hear the same thing when they come to the meetings, that there is no problem and Anaheim has a wonderful Police Department. There are many fine officers and she has worked with them. She was part of the beginning of the Community Policing Program. She is not anti- Police and appreciates good Police Officers. They are not present to indict the entire Police Department. Unfortunately, there are a couple of officers whose names repeatedly come up in connection with abuse who have not been held accountable for any of their actions to date. They will be specifically identified at the proper time and place. She then posed questions to the Council relative to the Police Department stating these are just a few of the questions the community has a right to have answered. It is necessary to "clean house" starting with the Chief. She gave credentials of those in United Neighborhoods who have given to the community over many years. They are people who have a history of investing in the community in a positive manner. PUBLIC COMMENTS - AGENDA ITEMS: There were no public comments on City Council Agenda items. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of April 15, 1997. Council Member Zemel seconded the motion. MOTION CARRIED. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 15, 1997 CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded by Council Member Zemel, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Mayor Daly offered Resolutions Nos. 97R-44 through 97R-46, both inclusive, for adoption. Refer to Resolution Book. Al. 118: Rejecting and denying certain claims filed against the City. Referred to Risk Management. The following claims were filed against the City and actions taken as recommended: a. Claim submitted by Darren Priest for property damage sustained purportedly due to actions of the City on or about February 4, 1997. b. Claim submitted by Bell Court Partners/Robert J. Bell G.P. for property damage sustained purportedly due to actions of the City on or about November 18, 1997. c. Claim submitted by Jose A. Castro for property damage sustained purportedly due to actions of the City on or about January 29, 1997. A2. 105: Receiving and filing minutes of the Community Services Board meeting held February 13, 1997. 105: Receiving and filing minutes of the Senior Citizens Commission meeting held February 13, 1997. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held March 12, 1997. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held March 5, 1997. 127: Receiving and filing the Monthly Financial Analysis as presented by the Finance Director for eight months ended February 28, 1997. 117: Receiving and filing the Investment Portfolio Quarterly Detail Report for the month of March, 1997, as submitted by the City Treasurer. 117: Receiving and filing the Supplemental Law Enforcement Services Funds (SLESF) Report for the month of March, 1997, as submitted by the City Treasurer. A3. 175: Awarding a contract to the lowest responsible bidder, Irish Construction, in the amount of $1,725,678.71 for Underground District No. 25 - Gilbert Street; and in the event said Iow bidder fails to comply with the terms of the award, awarding the contract to the second Iow bidder, as well as waiving any irregularities in the bids of both the Iow and second Iow bidders. A4. 158: Issuing a corrective deed, and authorizing the Mayor and City Clerk to sign the deed (for property conveyed to William and Vincent Taormina on December 1, 1992, at a sale price of $25,625). A5. 113: RESOLUTION NO. 97R-44: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (PARKING CITATIONS - PUBLIC WORKS DEPARTMENT). A6. 158: Approving the Acquisition Agreement of real property interests at 1057 West Ball Road (R/W 5090 A & B - Ball Road/West Street Intersection Improvement and Beautification Project); authorizing the Mayor and City Clerk to execute said Agreement; and authorizing the acquisition payment of $7,088 to Pacific Islandia Guam, Inc. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 15, 1997 Council Member Zemel posed questions for purposes of clarification which were answered by Natalie Meeks, Civil Engineer, Department Services Manager/Public Works. A7. 158: Approving the Acquisition Agreement of real property interests at 1778 South Strathmore Place (R/W 5180-80 Katella Avenue Smart Street Improvement Project); authorizing the Mayor and City Clerk to execute said Agreement; authorizing the acquisition payment of $154,000 to Grover Escrow; and authorizing relocation payments in accordance with the relocation plan developed for the project and the State Relocation Assistance Act not to exceed $20,000. A8. 173: Supporting near-term implementation of Alternative 3 of the OCTA Major Investment Study, with the clause "many small buses and vans serving business centers" modified to provide for clean fuel buses and vans serving major activity centers; and with the addition of a new transit center in the vicinity of Anaheim Stadium; and supporting continued evaluation of long-term implementation of a combined elevated rail alignment from Alternatives 5 and 6. (Continued from the meeting of April 1, 1997, Item A12.) Mayor Daly. Staff has laid out both the original recommendation as well as a couple of alternatives. Gary Johnson, Director of Public Works and City Engineer. Staff has provided an alternative recommendation(s) based upon comments received from Council Members at the April 8, 1997 meeting. Nancy Michali is again present if there are questions of OCTA staff (Orange County Transportation Authority). The staff report prepared for the last meeting (see staff report dated April 8, 1997 and minutes that date) is unchanged other than the recommendations which are structured to focus away from the rail alternative, either to support continuation of the study of urban rail in Orange County or alternatively to oppose the rail program and suggest other uses of the Transit Measure M designated funding. Council Member McCracken. Relative to the alternative recommended to oppose urban rail alternatives, Measure M was a proposition that passed with overwhelming support in the County. She assumes this issue would have to go back to the voters to rescind; Gary Johnson. If there is a designation away from transit, he believes that would be the case. Council Member McCracken. It is her understanding on Alternative 2B. the recommendation is that it be sent back for another election; Gary Johnson. That is his understanding as well. Council Member Tait. Regarding the transit component, it is not necessarily rail. If OCTA wanted to recommend the money not be used for rail, that does not mean it has to go back to the voters. Nancy Michali, Project Manager, OCTA. Currently, 75% of Measure M is for freeway roadways and 25% for transit. The $340 million is allocated for a rail system. If they support shifting that money to the bus system, it will require a 2/3's support of the Citizens Oversight Committee who monitor how they spend Measure M money and 2/3's OCTA Board support. It would not be required to go back to the voters. Council Member Zemel. It will take 2/3's vote of the Board to agree with the City's recommendation. The question is then, do they, as a body, believe rail transit is where the $340 million should be spent or opened up to a wider subject; Nancy Michali answered, yes. Mayor Daly. The various alternatives studied have included enhanced bus service, extension of the 57 Freeway and a variety of other improvements to arterial streets including State College and Harbor, a whole variety of alternatives that have been studied. Relative to staff's recommendation, they are recommending two items -- 1.) to support Alternative 3 and, 2.) in tandem, to support the continued analysis of Alternatives 5 and 6. Staff's recommendation is to pass on to OCTA by the City Council, a recommendation to pursue Alternatives 3, 5 and 6 understanding that the rail alternative would need quite a bit of further study. It is not a decision to build a rail project, but to continue evaluating rail. As mentioned, there are alternative recommendations that have been laid out for their consideration as well. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 15, 1997 Council Member Tait. He does not feel that the rail option is viable. It would be a nice project but as far as having limited funds, he believes they are better spent on widening the streets (Smart Streets) and widening freeways -- something that would affect the average citizens of Anaheim. Rail would be nice but he does not feel it would be affordable and if built would be an ongoing subsidy. He would recommend OCTA concentrate more on widening the streets and getting more out of existing freeways and streets. For that reason, he is in support of Alternative 2B. Mayor Daly. The study itself includes a total of seven alternatives through the heart of the County. They will still have a number of opportunities during the next couple of years to provide input and recommendations to the OCTA. There will be no final decisions by them in the short term. Council Member Zemel. He is prepared to vote for Item 1 which is with regard to Alternative 3. However on the other, he thinks it is prudent that they start demonstrating that there are second thoughts, or first thoughts, about rail and the amount of money it costs to do that. There is an effort to push the rail transit, but just on the basis of philosophy, he would like to support 2B. as the second recommendation over 2. and 2A. Mayor Daly. He is speaking in favor of 2A. He feels it is a sensible recommendation. There are no plans to build a rail line in the next few years, but it is important to keep the option available for a rail alternative into the future. After the turn of the century if the current economic expansion continues, he feels the heart of the County will be hard pressed to find the space to widen streets and freeways. Keeping the rail option alive will be a good alternative but decisions to build a rail line are far into the future. He believes the alternative recommendation to support recommendation 1. and 2A. makes good sense. Council Member McCracken. She also supports Alternative 1. which is the implementation of the bus and van service. She believes they need more detailed engineering on rail. If it means they can use some of the current rail system in existence, to just totally eliminate rail is not the decision. She would like more engineering alternatives and a refinement of the information before they make some proposals on which routes are going to best serve Anaheim. Some were adding a great deal of expense for little service. She would not commit to any particular alternate route at this time, but would support 2A. and then to get more detailed engineering as time goes on. Mayor Daly. He is going to offer a motion supporting Recommendation 1. and Alternative Recommendation 2A.; Council Member Zemel suggested that there be two separate motions. MOTION. Mayor Daly moved to approve staff Recommendation 1. - Supporting near-term implementation of Alternative 3, with the "many small buses and vans serving business centers: modified to provide for clean fuel buses and vans serving major activity centers; and with the addition of a new transit center in the vicinity of Anaheim Stadium. Council Member McCracken seconded the motion. MOTION CARRIED UNANIMOUSLY. MOTION. Mayor Daly moved to approve staff Alternative Recommendation 2A. - Supporting more detailed engineering of rail alternatives (i.e., to 10% of final engineering) to refine information needed for a final decision on rail alternatives. Council member McCracken seconded the motion. Council Members Tait and Zemel voted No. MOTION CARRIED. Mayor Daly. The corridor begins at Fullerton in the north and extends all the way down to the proposed El Toro International Airport. It covers a major portion of the central part of Orange County and Anaheim is the key to any decision that will be made along that route. A9. 160: Accepting the Iow bid of Bob Wondries Ford, in the amount of $34,156 for one 1997 Ford 15,000 GVW cab and chassis with two yard dump body, in accordance with Bid #5648. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 15, 1997 AIO. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a Purchase Order to VWR Scientific Products Corporation, in the amount of $27,859.91 for crime laboratory equipment for the Police Department. All. 160: Authorizing the Purchasing Agent to issue a Purchase Order to Anacomp, Inc., in an amount not to exceed $30,000 for a period of one year beginning July 1, 1997, for microfiche services, in accordance with Bid #5225. A12. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a Purchase Order to Xerox Corporation, in the not to exceed amount of $150,000 for Xerox 4024DP White Bond as required for a period of two years beginning July 1, 1997 through June 30, 1999. A13. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a Purchase Order to O.M. Scott & Sons, in an amount not to exceed $200,000 for fertilizers, fungicides, and herbicides as required for the period July 1, 1997, through June 30, 1999. A14. 160: Authorizing the Purchasing Agent to exercise the second renewal of the Purchase Order to Nobest, Inc., in an amount not to exceed $687,911 for concrete replacement for a period of one year commencing July 1, 1997 with the option to renew for an additional one year, in accordance with Bid #5386. A15. 160: Authorizing the Purchasing Agent to issue Purchase Orders, in an amount not to exceed $796,000 for the purchase of approximately 282 transformers to be used by the Public Utilities Department. A16. 152: RESOLUTION NO. 97R-45: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (I) DESIGNATING DEPOSITORIES FOR CERTAIN CITY FUNDS; (11) AUTHORIZING THE CITY TREASURER TO ESTABLISH ACCOUNTS WITH SAID DEPOSITORIES AND DEPOSIT PUBLIC FUNDS OF THE CITY THEREIN; (111) AUTHORIZING WARRANTS, DEMANDS, DRAFTS AND CHECKS TO BE DRAWN AGAINST ANY ACCOUNTS ESTABLISHED WITH SAID DEPOSITORIES ON BEHALF OF THE CITY; AND (IV) AUTHORIZING THE CITY TREASURER TO OPEN ACCOUNTS WITH FINANCIAL INSTITUTIONS AND CORPORATIONS FOR THE PURCHASE AND SALE OF VARIOUS SECURITIES AND MONEY MARKET INSTRUMENTS. A17. 123: Approving the Second Amendment to Agreement with ASM Enterprises to exercise ASM's renewal option to continue to provide food and beverage service at the H.G. "DAD" Miller Golf Course. A18. 123: Approving an Agreement with the Orange County Transportation Authority to implement the Orange County Taxi Administration Program within the City for the period of July 1, 1997, through June 30, 1998, and authorizing the Mayor and City Clerk to execute said agreement on behalf of the City. Council Member Zemel. He would like to hear from staff relative to the logic behind this recommendation. John Poole, Code Enforcement Manager. Staff has been working with OCTA on this issue since early 1996. This proposal is only for one year. It is a way to streamline the taxi service in the County. Currently, taxi operators have to get drivers permits in each City they go into. Working with OCTA, they hoped it would streamline that process. The City would still retain the key parts of the taxi cab regulation, i.e., the ability to say what company or companies serve the City, how many cabs are allowed in the City, and also retain the enforcement ability if there are any problems. There will be some benefit of having more of a regional taxi service and less duplication from City to City. The City will have a tremendous say in the new program. The City Manager or his designate will be a representative on the Steering Committee which operates the entire program, and also the Police Chief or his designate will be ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 15, 1997 a representative on the Public Safety Committee. Staff feels it is very worthwhile to try for a year. If it does not work, they will come back and change the process. Council Member Zemel. He asked if this has the support of business owners and taxi owners. John Poole. They have talked to the two operators that serve Anaheim and also know through their meetings with OCTA, that the taxi industries in the County support the proposal. A19. A20. A21. A22. A23. A24. 156: Authorizing the Department of Maintenance to donate two retired police patrol vehicles on a continuing two year rotational cycle to the North Orange County Police Academy, Administration of Justice Department, located at Fullerton College. At the end of each two year period, the vehicles would be returned to the City of Anaheim for disposal and replaced with units recently retired. 123: Authorizing the Chief of Police to execute the lease option Agreements with Ohio Teacher Retirement System (OTR), for the Festival Center Police Substation at $052 E. Santa Ana Canyon Road. 175: RESOLUTION NO. 97R-46: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE 1996 INTEGRATED RESOURCE PLAN. 123: Approving the attached Letter Agreement between Bonneville Power Administration (BPA) and the City of Anaheim amending the Firm Peaking Capacity Sale/Exchange Agreement between BPA, and Anaheim dated June 15, 1990 (BPA Agreement); and authorizing the Public Utilities General Manager to execute the Letter Agreement and any other related documents on behalf of the City. 123: Approving Agreements to provide professional engineering services with: Black & Veatch, Cumry Engineering, Inc., Dahl, Taylor & Associates, ORSA Consulting Engineers, Inc., Power Engineers, Inc., Van Dell & Associates, AKTECH Engineering, Berg Power Engineers, Inc., DMC Engineering, and Burns & McDonnell; and authorizing the Public Utilities General Manager, on behalf of the City, to execute said Agreements and related documents necessary to implement the Agreements. 114: Approving minutes of the Anaheim City Council meeting held April 1, 1997, and minutes of the Special meeting held April 1, 1997. Roll Call Vote on Resolution Nos. 97R-44 throuqh 97R-46, both inclusive, for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 97R-44 through 96R-46, both inclusive, duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. 10 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 15, 1997 Chairman Daly reconvened the Redevelopment Agency Meeting for the purpose of a joint Public Hearing with the City Council (6:25 p.m.). A25. 123: JOINT PUBLIC HEARING - ANAHEIM REDEVELOPMENT AGENCY AND CITY COUNCIL - DISPOSITION AND DEVELOPMENT AGREEMENT WITH JAMES GRANGER: To consider a resolution approving a Disposition and Development Agreement (DDA) with James Granger and making certain environmental and other findings with respect to said agreement and the project to which it pertains. (Sale of land and renovation of property located at 123 South Melrose Street- Redevelopment Project Alpha). PUBLIC NOTICE REQUIREMENTS MET BY: Publication in The Register - April 1, 1997 and April 8, 1996. STAFF INPUT: Submitted was staff report dated April 15, 1997 from the Community Redevelopment Department recommending approval of the DDA with James Granger and approving the concept plan for the property. Lisa Stipkovich, Executive Director of Community Development. This Public Hearing and the one following (A26.) represents the implementation of the Historical Preservation Program in the Project Alpha Area. Under this item, the house was moved on to the property by the Agency and saved as an historical structure. Staff is recommending approval of the DDA with James Granger who will restore the house to Department of Interior standards and also in accordance with the specifications provided in the agreement. She then briefed the discussion portion of the subject staff report relative to the terms and conditions of the agreement. Staff recommends approval. The project will be completed in about six months. Mayor/Chairman Daly opened the Public Hearing and asked to hear from anyone who wished to speak; there being no response, he closed the Public Hearing. Chairman Daly offered Resolution No. ARA97-2. Refer to Resolution Book. RESOLUTION NO. ARA97-2: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT WITH JAMES GRANGER; AND MAKING CERTAIN ENVIRONMENTAL AND OTHER FINDINGS WITH RESPECT TO SAID AGREEMENT AND THE PROJECT TO WHICH IT PERTAINS. Roll Call Vote on Resolution No. ARA97-2 for adoption: AYES: CHAIRMAN/AGENCY MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: CHAIRMAN/AGENCY MEMBERS: None ABSENT: CHAIRMAN/AGENCY MEMBERS: None The Chairman declared Resolution No. ARA97-2 duly passed and adopted. 11 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 15, 1997 MOTION: Chairman Daly moved to approve the concept plan for the property, and authorizing the Agency Director to approve the final landscape plans, color and material boards and final drawings, and taking all actions necessary to implement the Agreement, Agency Member Zemel seconded the motion. MOTION CARRIED. Mayor Daly offered Resolution No. 97R-47 for adoption. Refer to Resolution Book. RESOLUTION NO. 97R-47: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT WITH JAMES GRANGER; AND MAKING CERTAIN ENVIRONMENTAL AND OTHER FINDINGS WITH RESPECT TO SAID AGREEMENT AND THE PROJECT TO WHICH IT PERTAINS. Roll Call Vote on Resolution No. 97R-47 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 97R-47 duly passed and adopted. A26. 123: JOINT PUBLIC HEARING ANAHEIM REDEVELOPMENT AGENCY AND CITY COUNCIL DISPOSITION AND DEVELOPMENT AGREEMENT WITH HALE-KRZAKALA PARTNERSHIP: To consider a resolution approving a Disposition and Development Agreement (DDA) with Hale-Krzakala Partnership and making certain environmental and other findings with respect to said agreement and the project to which it pertains. (Sale of land and renovation of property located at 105 North Rose Street - Grimshaw House - Redevelopment Project Area Alpha). PUBLIC NOTICE REQUIREMENTS MET BY: Publication in The Register - April 1, 1997 and April 8, 1996. STAFF INPUT: Submitted was staff report dated April 15, 1997 from the Community Redevelopment Department recommending approval of the DDA with Hale-Krzakala Partnership and related actions. Lisa Stipkovich, Executive Director of Community Development. She briefed the subject staff report and attachment (Grimshaw House-Hale Krzakala Partnership - Disposition and Development Agreement - Terms and Conditions). She noted that the land sale price consists of a Base Purchase Price of $15,000 plus 50% of all net sale proceeds above $340,000. Both developers (A25. and A26.) following renovation will sell the homes to owner-occupants which is another part of the risk. She explained for Council/Agency Member Zemel that the first occupant would be owner-occupied. It would be very difficult legally to include further controls beyond that. Mayor/Chairman Daly opened the Public Hearing and asked to hear from anyone who wished to speak; there being no response, he closed the Public Hearing. Chairman Daly offered Resolution No. ARA97-3. Refer to resolution Book. 12 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 15, 1997 RESOLUTION NO. ARA97-3: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT WITH HALE- KRZAKALA PARTNERSHIP; AND MAKING CERTAIN ENVIRONMENTAL AND OTHER FINDINGS WITH RESPECT TO SAID AGREEMENT AND THE PROJECT TO WHICH IT PERTAINS. Roll Call Vote on Resolution No. ARA97-3 for adoption: AYES: NOES: ABSENT: CHAIRMAN/AGENCY MEMBERS: CHAIRMAN/AGENCY MEMBERS: CHAIRMAN/AGENCY MEMBERS: McCracken, Tait, Zemel, Lopez, Daly None None The Chairman declared Resolution No. ARA97-3 duly passed and adopted. MOTION: Chairman Daly move to approved the Final Construction drawings for the project, and authorizing the Agency Executive Director to approve the final landscape plans, color and material boards, and taking all actions necessary to implement the Agreement, Agency Member Zemel seconded the motion. MOTION CARRIED. Mayor Daly offered Resolution No. 97R-48. Refer to Resolution Book. RESOLUTION NO. 97R-48: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT WITH HALE- KRZAKALA PARTNERSHIP; AND MAKING CERTAIN ENVIRONMENTAL AND OTHER FINDINGS WITH RESPECT TO SAID AGREEMENT AND THE PROJECT TO WHICH IT PERTAINS. Roll Call Vote on Resolution No. 97R-48 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 97R-48 duly passed and adopted. Mayor/Chairman Daly. This is good news and staff is to be commended for finding a developer to rescue a beautiful old home. The Grimshaw House is a source of pride and pain. It had fallen into disrepair and they are hoping for a beautiful restoration and happy homebuyers; Mrs. Stipkovich reported for the MayodChairman that it is anticipated that the project will take nine to ten months to complete. ADJOURNMENT - REDEVELOPMENT AGENCY: On motion by Chairman Daly seconded by Agency Member Lopez, the Redevelopment Agency meeting of April 15, 1997 was adjourned (6:37 P.M.). 13 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 15, 1997 A27. 105: APPOINTMENT TO UNSCHEDULED VACANCY - SENIOR CITIZENS COMMISSION (WILLING): Submitted was report dated March 4, 1997 from Chris Jarvi, Director of Community Services announcing the resignation of Irv Willing from the Senior Citizens Commission (term expires 6-30-95). City Clerk Sohl. She has given the Council two additional names (Hodges and Woodward) who are still interested in serving on the Commission. Mayor Daly asked if the Council wished to move ahead tonight or if they would like more time to consider the appointment. MOTION. Council Member Tait moved to continue the subject appointment to May 6, 1997. Council Member Zemel seconded the motion. MOTION CARRIED. A28. 114: APPOINTMENT OF A COUNCIL MEMBER TO THE FIRE TRAINING JOINT POWERS AUTHORITY (JPA) AND THE HAZARDOUS MATERIAL EMERGENCY RESPONSE AUTHORITY: City Clerk Sohl. Appointment to the subject authority is required to be an elected official. Council Member Tait. He nominated Council Member Shirley McCracken. Mayor Daly. He asked Council Member McCracken if she was willing to serve in place of Council Member Tait who recently resigned; Council Member McCracken answered yes. MOTION. On motion by Council Member Zemel seconded by Mayor Daly, nominations were closed. Council Member McCracken was thereupon unanimously appointed to serve as representative to the Fire Training JPA and Hazardous Material Emergency Response Authority. ITEMS B1 - B4 FROM THE PLANNING COMMISSION MEETING OF MARCH 31, 1997: INFORMATION ONLY -APPEAL PERIOD ENDS APRIL 15, 1997: B1. 179: CEQA NEGATIVE DECLARATION WAIVER OF CODE REQUIREMENTS CONDITIONAL USE PERMIT NO. 3915: OWNER: MOBIL OIL CORPORATION, 3700 W. 190th Street, Torrance, CA 90504 AGENT: HUSSEIN BERRI, 16205 Hemp Circle, Fountain Valley, CA 92705 LOCATION: 1199 South State Colleqe Boulevard (Mobil Service Station). Property is 0.52 acre located at the northwest corner of Ball Road and State College Boulevard. To permit the expansion of a service station and accessory convenience market to include sales of fast-food and retail sales of beer and wine for off-premises consumption and to construct a new drive-through self-serve car wash with waivers of (a) minimum parking lot landscaping (DENIED), (b) permitted location of freestanding signs (DENIED), (c) minimum distance between freestanding signs (DENIED), and (d) minimum landscaping adjacent to interior property lines (APPROVED). ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3915 GRANTED, IN PART, with changes to conditions (PC97-35) (7 yes votes). 14 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 15, 1997 Waiver of code requirements APPROVED, IN PART, denying waivers (a), (b) and (c) on the basis that they were deleted following public notification; and approving waiver (d) for the relocation of the trees only. Approved Negative Declaration. Mayor Daly asked staff to brief the modifications made by the Planning Commission to the applicant's request. Greg Hastings, Zoning Division Manager. There will be a remodel of the exterior. The applicant has indicated they would keep the existing building canopies but they will be refurbished. The peaked roof would be flattened to where it would not be visible behind the new facade. Landscaping and signage will be completely refurbished and brought back to the Planning Commission. There will be a monument sign rather than a pole sign which the Planning Commission will review. It involves the addition of a car wash which the Commission did review and determined that the vacuum, air and water be located at the rear of the property instead of the front. They did restrict the wall signage but that will also be coming back for Commission review. Mayor Daly asked if the fast-food aspect survived intact. Greg Hastings. He answered that it did. The floor plan was reviewed by the Planning Commission showing incidental fast-food sales within the facility. There is additional parking required in order to have the fast-food element which is being provided on the property. He then answered additional questions posed by the Mayor. The Commission felt comfortable that there is sufficient parking. The facility itself is open 24 hours. He does not recall there was a condition pertaining to the car wash facility since it is not adjacent to any residential use. There are no waivers on the signage; signage is well within code. Council Member Lopez. He noted that this includes a beer and wine license; Greg Hastings. It was a part of the request and also of the approval. Council Member Lopez. He recalls they "squeaked through" beer and wine across the street. He believes it was decided they could allow one more. The last time when they approved the beer and wine, the northeast corner had reached the capacity for the number of beer and wine licenses for the area. Tom Engle, Police Department. That is correct. All four corners are in different census tracts and reporting districts. The ones on the east side were the high crime rates and the ones on the west side were not. Since there is no overconcentration, the Police are not involved in the Alcoholic Beverage Commission (ABC) application at this time. However, when it goes before the ABC, they will be requesting that conditions be placed on the license. Council Member Lopez. It seems that the corner is already saturated with the sale of beer and wine. He asked if that has been addressed by the Police Department. Tom Engle. Not at this time. He reiterated they have not applied for an ABC license as yet. It is also his understanding there is going to be one on the southwest corner applying as well. After additional discussion and questions for purposes of clarification, the Council took no action on this item. 15 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 15, 1997 B2. 179: VARIANCE NO. 4251, CATEGORICALLY EXEMPT, CLASS Ih OWNER: K-MART CORPORATION, 3100 West Big Beaver Road, Troy, MI 48084 AGENT: PENSKE AUTO SERVICES, 1045 South Pullman Street, Anaheim, CA 92807 SWAIN SIGN, 1384 East Fifth Street, Ontario, CA 91764 LOCATION: 1095 Pullman Street (Super K-mad Center). Property is 18.69 acres located at the southwest corner of Old Canal Road and Pullman Street. Waiver of permitted wall signage in conjunction with a previously-approved sign variance. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4251 GRANTED (PC97-36) (6 yes votes, 1 absent). REPORT AND RECOMMENDATION ITEMS: B3. 179: CONDITIONAL USE PERMIT NO. 3623 - REQUEST FOR RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL: REQUESTED BY: Frank Minissale, 111 South Mohler Drive, Anaheim, CA 92808 LOCATION: 111 South Mohler Drive, Anaheim, CA 92808. Petitioner requests a retroactive extension of time, to expire on March 22, 1998 to comply with conditions of approval for Conditional Use Permit No. 3623 (to permit an 80-bed convalescent facility with waiver of minimum number of parking spaces). This petition was originally approved by Planning Commission on March 22, 1994. ACTION TAKEN BY THE PLANNING COMMISSION: APPROVED request for extension of time to comply with conditions of approval for CUP NO. 3623 (to expire 3/22/98). B4. 179: CONDITIONAL USE PERMIT NO. 1756 - REQUEST FOR SUBSTANTIAL CONFORMANCE: REQUESTED BY: Dennis Hardin, 1665 South Claudina Way, Anaheim, CA 92805. LOCATION: 1234 South Anaheim Boulevard. Petitioner requests to retain boat sales in conjunction with a previously-approved automotive sales agency. ACTION TAKEN BY THE PLANNING COMMISSION: Determined to be in substantial conformance subject to the submittal of a revised plan showing 20 parking spaces on the site for CUP NO. 1756. END OF THE PLANNING COMMISSION ITEMS. B5. 179: ORDINANCE NO. 5595: (ADOPTION) Amending Title 18 to rezone property under Reclassification No. 96-97-04 located at 1801 West Katella Avenue from the CG zone to the CL zone. (Introduced at the meeting of April 8, 1997, Item Bll.) Mayor Daly offered Ordinance No. 5595 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5595: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (RECLASSIFICATION NO. 96-97-04). 16 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 15, 1997 Roll Call Vote on Ordinance No. 5595 for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5595 duly passed and adopted. B6 179: ORDINANCE NO. 5596: (ADOPTION) Amending Title 18 to rezone property under Reclassification No. 96-97-03 located at 520 West Ball Road from the RS-A-43,000 and RS- 7200 zones to the CL zone. (Introduced at the meeting of April 8, 1997, Item B12.) Mayor Daly offered Ordinance No. 5595 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5596: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (RECLASSIFICATION NO. 96-97-03). Roll Call Vote on Ordinance No. 5596 for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5596 duly passed and adopted. B7. Council 179: ZONING ADMINISTRATOR MEETING OF APRIL 10, 1997 SPECIAL CIRCUMSTANCES WAIVER NO. 97-02 Applicant: Bill Gero, Manager, Ronald McDonald House 383 South Batavia Street, Orange CA 92868-3904 Location: 1551 South Douglass Road: Request approval of a special circumstances waiver to permit a charity car show in the ML (Industrial, Limited) Zone on June 28, 1997. Waiver No. 97-02 Approved subject to the conditions listed in the staff report. took no action on this item. D1. 179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENTS CONDITIONAL USE PERMIT NO. 3908 AND NEGATIVE DECLARATION: OWNER: W.C.B. 99 LIMITED PARTNERSHIP, 450 Newport Center Drive, #304, Newport Beach, CA 92660 AGENT: MICHAEL GALLEN (E.S.A.), 2525 Cherry Avenue, Signal Hill, CA 90806 LOCATION: 120-130 North Riverview Drive. Property is approximately 2.45 acres located at the northeast corner of Santa Ana Canyon Road and Riverview Drive. To permit a three story, 42-foot high, 122-unit hotel with waivers of (a) permitted freestanding sign - APPROVED, (b) permitted wall signs - APPROVED, (c) minimum number of parking 17 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 15, 1997 spaces DENIED, and (d) minimum structural setback adjacent to freeways and scenic highways - APPROVED. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3908 DENIED on the basis that the proposed development is excessively dense for the size of the property and that it would cause visual intrusion (PC97-20) (5 yes votes, 1 no vote, and 1 absent). Waiver of code requirements APPROVED, IN PART, waivers (a), (b) and (d) and DENIED waiver (c) pertaining to minimum number of parking spaces. Approved Negative Declaration. HEARING SET ON: A letter of appeal of the Planning Commission decision was submitted by the agent, Michael J. Gallen, Extended Stay America (ESA) 2525 Cherry Avenue, Signal Hill, CA 90806. Informational item at the meeting of March 18, 1997, Item B1, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - April 3, 1997 Mailing to property owners within 300 feet - April 3, 1997 Posting of property - April 4, 1997 STAFF INPUT: See staff report to the Planning Commission dated February 3, 1997. Mayor Daly. As explained earlier in the meeting, the applicant has requested a continuance of the subject Public Hearing to May 6, 1997, and the City Attorney advised it is the Council's custom to approve the continuance. A motion was subsequently passed to allow citizens who wish to speak this evening the opportunity to do so. He then opened the Public Hearing. City Attorney White. He again explained that City Council procedures provide anyone speaking shall be afforded one opportunity. He advised that anyone who speaks tonight and then attends the continued hearing when the applicant will present testimony and decide to speak or refute something, they will not have the opportunity to do so. Tonight should only be for those people who will not attend the May 6, 1997 hearing. It is also appropriate tonight to determine if the applicant is in attendance and desires to make a presentation. Mayor Daly opened the Public Hearing and asked if the applicant or a representative was present. Sarah Rousek, ESA Management, Signal Hill. She appreciates the opportunity to be present tonight. As indicated, they have requested a continuance in order to be more fully prepared for the presentation on May 6, 1997. They are taking a close look at what they presented the last time (before the Planning Commission) in terms of density and overall appearance. They appreciate the opportunity to make a formal presentation on May 6, 1997. Mayor Daly asked if anyone else wished to speak at this time either in favor or in opposition. Paul Fuller, 8417 E. Amberwood, Anaheim (11 years). He would like to speak tonight because he cannot be present on May 6. This project is going to be an infringement on resident's privacy rights. This building will be opposite them and will be looking into their back yards. If anything goes wrong later on and the facility is subsequently sold to a different owner, it could turn into a long-term transient type situation which the Police Department mentioned in their report. Also, it is going to increase traffic which is already horrendous. It will bring into their residential neighborhood people who will use their streets for parking because a minimum amount of parking is proposed. The residents realize it is going to be a commercial property but they want something a little less dense. 18 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 15, 1997 Keith Lindenberg, 8479 Amberwood, Anaheim, directly on top of the hill. At the last meeting (before the Planning Commission) he listened to the applicant say they are going to make an $8 million investment. The 360 homes that will be affected by the project, represent an $80 million investment. If the hotel turns into a transient type hotel and their property values drop 10%, it will cost more in tax revenue than the hotel will ever generate. It will affect the resident's investment which is 10-fold that of the applicant's. There were no additional speakers. City Attorney White suggested that the matter be continued as an open Public Hearing to 6:00 P.M. on May 6, 1997. MOTION. Council Member Zemel moved to continue the subject Public Hearing to Tuesday, May 6, 1997 at 6:00 P.M. Council Member Tait seconded the motion. MOTION CARRIED. Cl. 107: APPLICATION FOR A POOL ROOM PERMIT: REQUESTED BY: MOON SUK BANG, 11451 1/2 Excelsior Drive, Norwalk, CA 90650 LOCATION: 713 South Brookhurst Street (THE ROSE RESTAURANT). To consider the application to operate six billiard tables at 713 South Brookhurst Street in Anaheim. Submitted was report dated April 15, 1997 from the Planning Department/Code Enforcement Division recommending denial of the permit based on three findings listed on page one of the report. Also submitted was report dated March 25, 1997 from the Police Department recommending denial for the reasons contained therein. Mayor Daly. The Police Department and Planning Department are jointly recommending denial of the permit and representatives are present to answer any questions. City Attorney White. Even though this is not a Public Hearing, if the applicant is present and wishes to comment, that would be in order at this time. Mayor Daly asked if the applicant was present and wished to speak. A gentleman who identified himself as Quan spoke. He lives in Hacienda Heights. He is with his brother, Moon Suk Bang, the owner of the restaurant. Three years ago they opened the restaurant which was opened for only three months because they could not make ends meet. They have been closed for three years and have been paying rent during that time. Three months ago, someone told them about a vegetable juice business and a pool room business. They felt the idea was a good one for families to get together for juice and pool. They applied for the pool tables. Their restaurant size is about 5,000 square feet and there is space for the pool tables and they could sell vegetable juice. He does not think it is dangerous to the people. That is why they applied. He does not know why the Police Department denied the permit. They cannot understand it. He clarified for Council Member Lopez that they are not going to serve beer and wine. Council Member Lopez. He knows historically that billiards appear to be a problem. He questioned if it has been decided that these businesses cannot be opened legally and be crime free. He supports the Police recommendation but it seems to him if they get a well run billiard business that young people can patronize, it would be a good alternative. Staff/Council keeps turning them down which in most cases is a good recommendation. However, he feels that someone should be able to open up a pool hall somewhere in Anaheim where young people could play pool. He questioned if this is the type of business that is just unable to succeed in Anaheim. 19 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 15, 1997 John Poole, Code Enforcement Manager. There are a number of establishments in the City that are pool halls. Staff looks at each one individually -- what the crime rate is in the area, what they find when they interview surrounding businesses and residential areas and the type of business proposed. This particular business has been closed for three years so there is no track record. The crime rate in the area is 20% above the average for the remainder of the City. If there was an application that came through where there is community support, staff would be recommending approval. Council Member McCracken. There seems to be a real concern and she has a concern for the property owner who is trying to do something with the vacant property. There is no help for him or any way he can survive. The property cannot continue to sit there idle. She has some concerns that they have made a blanket statement and this gentleman's business may not be the same "run of the mill" places. She does not know how they make the distinction. City Attorney White. He will outline the legal criteria on which the Council makes their decision. As Mr. Poole pointed out, every one of these cases is individual and decided on its own merits. The code provides three grounds upon which the Council can deny a pool room permit. The first two have never been utilized to his knowledge. One is that the applicant is not of good moral character and secondly, the applicant is an unfit person to manage or conduct a pool room. The third ground is the usual recommendation that comes before the Council, i.e., conducting or carrying on of the pool room in the particular location would be a detriment to either the public health, public order, or public morals. The Council does not have unbridled discretion to say they do not like pool rooms. It has to be within the context of making a finding that fits one of the three grounds for denial. The staff report before the Council does set forth the findings based upon the high crime area and two other findings with a recommendation that the permit be denied. It is totally Council's discretion as to whether they concur or not. MOTION. Mayor Daly. Because there is a residential neighborhood immediately adjacent to the property, he believes the findings are valid and appropriate. Based upon the findings, he thereupon moved to deny the application including the three findings as listed on Page 1 of staff report dated April 15, 1997 from the Planning Department/Code Enforcement Division. Council Member Zemel seconded the motion. MOTION CARRIED. C2. 107: APPLICATION FOR A POOL ROOM PERMIT: REQUESTED BY: BOYD B. SMALL, 9951 Holder #30, Cypress, CA 90630 LOCATION: 3434 West Ball Road (Ball Family Billiards). To consider the application to operate 20 billiard tables at 3434 West Ball Road in Anaheim. Submitted was report dated April 15, 1997 from the Planning Department/Code Enforcement Division recommending denial of the subject permit based on the two findings listed on Page 1. Also submitted was report dated March 25, 1997 from the Police Department recommending denial for the reasons contained therein. Mayor Daly stated if the applicant was present and wished to speak, he could do so at this time. Mr. Boyd Small, applicant, 9951 Holder, Cypress 90630 was accompanied by Bob Small, owner of the property since 1974. Bob Small stated they have had a number of tenants on the property for years. A hardware store was there for 30 years. What happened recently, they lost the SuperValue Drug Store which had also been located on the property for almost 30 years leaving a good size vacant building. His son (Boyd) would like to open a family billiard parlor. They went around the City and made a study. The business they are planning to open is different from what exists in Anaheim now. The other establishments do not have ping-pong tables, chess boards, checker boards, etc. Theirs would be a 20 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES APRIL 15, 1997 different operation. They are not going to do anything to jeopardize the property they have owned for years. Council Member McCracken. There was opposition from the school down the street (Hansen Elementary School) saying they feel this will be a negative situation for the children. She does not know if they made a presentation to the school or had any contact with the school. The West Anaheim - Better Businesses & Concerned Citizens is opposing it as well. There is quite a bit of opposition. They do not seem to understand perhaps the proposal is an entertainment center for young people different from pool halls. She reiterated, there is real strong opposition from the community. Bob Small. He represents the company that sells the tables. They would also have sales of billiard tables on the premises. The business would be a "class act" with carpeted floors and nice furnishings -- very different from what he has observed in other billiard establishments where there are all kinds of things going on and where he would not want his grandkids to go. MOTION. Council Member Zemel moved to deny the Pool Room Permit application for Ball Family Billiards, 3434 West Ball Road, Anaheim based upon the two findings listed on Page 1 of staff report dated April 15, 1997 from the Planning Department/Code Enforcement Division. Mayor Daly seconded the motion. MOTION CARRIED. C3. REPORT ON CLOSED SESSION ACTIONS: City Attorney Jack White Stated that there are no actions to report. C4. COUNCIL COMMENTS: Council Member McCracken. She attended a meeting of the Orange County Division/League of Cities where the League had prepared an Orange County Compensation Survey comparing the compensation of private employees to public employees. She knows the Budget Commission has studied the issue in the past. The 1997 Survey has been completed and available for the Commission to analyze. ADJOURNMENT: By general Council consent, the City Council meeting of April 15, 1997 was adjourned (7:12 P.M.). The next scheduled Council meeting is Tuesday, May 6, 1997. LEONORA N. SOHL CITY CLERK 21