1993/04/20City Hall, Anaheim, Californi& - COUNCIL MII~OTES - APRIL 20, 1993 - 2:00 P.M.
The City Council of the City of Anaheim met in adjourned regular session.
The City Council of the City of Anaheim met in the adjourned regular session
(adjourned regular meeting of April 13, 1993, held on April 20, 1993) for a
joint meeting with the City Planning Commission.
PRESENT: COUNCIL MEMBERS: Feldhaus, Pickler, Simpson, Daly
ABSENT: COUNCIL MEMBERS: Hunter
PRESENT: PLANNING COMMISSION: Boydstun, Caldwell, Henninger, Mayer, Messe,
Peraza, Tait
ABSENT: PLANNING COMMISSION: None
PRESENT: CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
DEPUTY CITY MANAGER: Tom Wood
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
REDEVELOPMENT/ECONOMIC DEVELOPMENT MANAGER: Richard Bruckner
PLANNING DIRECTOR: Joel Fick
Mayor Daly called the adjourned regular meeting of April 13, 1993 (held
April 20, 1993) to order at 2:09 p.m., all Council Members being present with
the exception of Council Member Hunter. This is a joint meeting with the City
Planning Commission.
Chairman Henninger called the City Planning Commission to order, all
Commissioners being present. (2:09 p.m.)
Mayor Daly first welcomed the Planning Commissioners expressing Council's
appreciation for their time in meeting with the Council.
City Manager James Ruth. He introduced Deputy City Manager Tom Wood who will
make a presentation on the revitalization of the Anaheim Tourist and
Convention Infrastructure.
179: JOINT MEETING CITY COUNCIL/PLANNING COMMISSION:
a) UPDATE - REVITALIZATION OF ANAHEIM'S TOURIST AND CONVENTION SERVING
INFRASTRUCTURE:
Deputy City Manager Tom Wood. (Submitted were the following documents -
Memorandum dated April 20, 1993 to the Mayor, City Council and Planning
Commission from Deputy City Manager Tom Wood, subject - "Update -
Revitalization of Anaheim's Tourist and Convention Serving Infrastructure" -
DRAFT - Anaheim Commercial Recreation Area Fiscal Analysis - Summary prepared
for the City of Anaheim by Economic and Planning Systems Incorporated dated
April 19, 1993.) Mr. Wood gave a brief overview of the two documents
submitted (made a part of the record) and subsequently introduced Mr. Richard
Bergson of Economic and Planning Systems Inc., the firm hired by the City
approximately two years ago to assist in evaluating the fiscal impacts on the
City's actual operating revenues and expenditures. Mr. Bergson will give a
report on the City's independent financial analysis of the CRA
(Commercial-Recreation Area) today and for the future.
Mr. Richard Bergson, Senior Associate, Economic and Planning Systems, Inc.
(EPS). Using slides in his presentation, Mr. Bergson briefed and elaborated
upon the fiscal effects of the CRA on the City's budget, the baseline
conditions and trends of the CRA and the fiscal effects of the Disneyland
Resort project, the expansion of which will significantly increase development
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City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 20, 1993 - 2:00 P.M.
within the CRA (see report submitted - draft - CRA Fiscal Analysis Summary).
In concluding his presentation, Mr. Bergson stated a final important point
which applies equally to their baseline forecast is that the net CRA revenues
will have to be reinvested within the CRA in order to provide the public
infrastructure necessary both to address existing issues and to accommodate
the future levels of development that produce the levels of returns as
outlined to the City.
Mr. Wood then completed this portion of the presentation briefing pages 5
through 7 of his April 20, 1993 report.
Questions by Council Members and Planning Commissioners followed which were
answered by Mr. Wood.
City Manager Ruth. Relative to this issue, there is still a great deal of
work ahead with a lot more public participation. To date, he feels an
outstanding job has been done with this difficult project; Mayor Daly. He
noted that the first EIR hearing before the Planning Commission is to be held
Wednesday, April 28, 1993 at 1:30 p.m. at the Inn at the Park Hotel.
City Attorney White stated that the hearing also includes the General Plan
Amendment and the specific Plan for the total project as well.
b) NEIGHBORHOOD ASSOCIATIONS:
Mayor Daly. His impression is that an active and involved network of
neighborhood associations is the key to the future of the City. It is very
difficult to get an active neighborhood association up and moving and meeting
in a productive way. Anaheim is a large City and geographically spread out,
he believes there is a need for more such associations.
General discussion between Council Members and Planning Commissioners followed
on the role of neighborhood associations, why they are formed, etc. There was
a general consensus among Council Members that Neighborhood Associations are a
positive force and an effort should be made to encourage the formation of
additional associations in areas where there are none.
Lisa Stipkovich, Executive Director of Community Development. She presented a
report that was completed in January at the Council's request - "Residential
Neighborhood Preservation Program - Community Development Department -
January 15, 1993. (These were submitted to the Council and Planning
Commission members.) The report outlines the current Neighborhood
Preservation programs operating in Anaheim. It talks about Block Grant, some
of the Redevelopment areas where there are designated NAC areas (Neighborhood
Advisory Committees) which are neighborhood associations that are formed
specifically in physical areas that have been designated and people who see
themselves as part of the same neighborhood. It describes a process they
could work through which she explained. It is very similar to some of the
things they have done in Redevelopment. The report outlines the process and
existing programs. It would require some thought on the part of Redevelopment
and working with Planning and other City Departments if they are asked to
implement the program - how they would go about doing so with existing staff
and existing funding.
Mayor Daly. He feels the report is an excellent starting point.
Chairman of the Planning Commission Bob Henninger. He would like to emphasize
the overall importance of this activity. From a Planning point of view, many
of the areas of the City are reaching a critical age. Those neighborhoods
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City Hall, ~n~ei~, california - COUNCIL MINUTES - APRIL 20, 1993 - 2:00 P.M.
will either be cherished and maintained, or if not handled right will become
areas of absentee landlords and ultimately become redevelopment problems for
the City. He would like to see them cherished and maintained.
Planning Commissioner Bob Messe. It is brand new thinking and he feels what
they ought to do as a Planning Commission is to have a workshop session to see
what they can come up with.
After additional input by both Council Members and Planning Commissioners,
Mrs. Stipkovich asked if she should be taking this as a starting point and
working with the Planning Commission and Planning staff to do a workshop with
the Planning Commission regarding the whole concept and then try to get
something more concrete.
Mayor Daly. He will defer to the Commissioners as to how they want to
schedule this or approach the issue unless there is any concern on the
Council's part. It is obvious they will have to tackle funding at some point.
He urged them to "go at it" and is certain there will be additional thoughts
and ideas over the coming weeks.
c} INDUSTRIAL ZONING:
Mayor Daly. Looking at a map of the City and the industrial zones and the
interface with residential especially down East Street, Fairmont, along the I-
5, there are unusual juxtapositions of industrial to residential. Should they
be stimulating some rezonings, contacting property owners, stimulating turn
over of the property. There is a lot of industrial land in Anaheim that is
not working very well.
Lisa Stipkovich. The whole subject in terms of the Northeast Industrial
Area/Canyon Business Area is part of project ALPHA. Both the Planning
Commission and the City Council are aware of the new Specific Plan
Redevelopment is processing. They presented a study over a year ago that they
have been working on ever since and will be coming back with a proposal that
would maintain the industrial uses, consolidate some of the commercial areas
and look at other uses that might have potential - some commercial development
other than retail, some office development and also looking at the rail stop
working closely with the Orange County Transportation Authority. They are
going to be bringing forward a Specific Plan and EIR very shortly. It is the
key industrial base in the City and is the biggest contiguous industrial area
in Orange County. They also want to look at marketing that area intensively.
Project ALPHA will be terminated in 2008. They feel this is an opportunity to
use the Redevelopment process very aggressively. This will be coming forward
in the next couple of months. She also briefed the Council on the other areas
they are working on at present.
Joel ~£ck, Dlannlng D£rec~or. Answering Council M~mb~r P£ekl~, ha ~1~ ~h~y
are working toward a good blend. Both the Planning Commission and Council
know Anaheim's strength in large part has been because it is such a balanced
community and there is strength in that diversity. They have been working
very closely with the Community Development staff and feel they are moving in
a positive direction for the community and also to maintain that sense of
balance.
Chairman Henninger. The notion of what is industrial has changed over time.
The code is somewhat out of date. He has also noticed there is still much
industrial use that is very incompatible with residential. They need to be
careful with those edge conditions so that they do not do something that will
disrupt the residential neighborhood and hurt it.
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City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 20, 1993 - 2:00 P.M.
Before concluding this portion, Mrs. Stipkovich submitted three maps showing
the Redevelopment plan for the north central sub areas, commercial/industrial
redevelopment project area; south Anaheim Boulevard sub area,
commercial/industrial redevelopment project area and the Brookhurst
Redevelopment project area (made a part of the record).
d) WEST ANAHEIM ISSUES:
Mayor Daly. Most of the issues raised have been in West Anaheim. He wanted
this issue on the agenda to discuss any thoughts on how they can focus better
on improving West Anaheim. In his opinion, it has been neglected occasionally
and needs to be brought into clearer focus.
Planning Commissioner Robert Messe. There are land use problems in that area.
They do not want more strip centers or high density apartments.
Planning Commissioner Mitch Caldwell. To the extent possible, they should
protect the single-family residential housing in that area from any further
encroachment of high density rental housing. He does not know how they can
encourage that but they want to protect the single-family areas and make those
residents feel that their neighborhoods are not going to continue to be
degraded by spot development.
Chairman Henninger. He would like to take the opportunity to compliment Code
Enforcement staff. Particularly in the Brookhurst Corridor, they have done a
good job of enforcement relative to the various dance halls, bars and places
that serve alcohol that have caused problems. The proposal currently under
study to make this a Redevelopment Area is a good idea. Perhaps it could be
combined with the Neighborhood Associations to get a more comprehensive look
at what to do regarding preserving those areas.
Council Member Bob Simpson. He heard the same analogy at a meeting he went to
this morning, that West Anaheim is teetering and could go either way. He gets
a feeling that as a Council they seem to be putting out brush fires. He
questioned what can they do to take an overall look at West Anaheim. It is
first necessary to define the West Anaheim area and then to determine what
could be done.
Mayor Daly. Perhaps they can approach it step by step and ask staff to bring
some Planning tools forward and some thoughts. Perhaps after they are
finished setting the stage for the revitalization of the Canyon Industrial
Area and working on some of the other issues, they can put a full-court press
on some of the things brought forward today. A lot of the same forces that
are working in West Anaheim are the same as those in other areas of the City.
However, he feels there is an alienation that is worse in West Anaheim partly
because of the complexity of the four different school districts involved.
Planning Commissioner Julie Mayer. She suggested this is also an area where
the Anaheim Chan%ber of Commerce might get involved to encourage the small
business people. Most of the strip malls involve small businesses. One area
they could help with is some workshops or a stronger emphasis in the small
business area. The business community has to be a partner in making that
improvement.
Planning Commissioner Phyllis Boydstun. She reported on some of the things
the Chamber is doing now on this issue.
Planning Commissioner Tom Tait. He feels it is probably the most critical
area of the City. It ties in with the discussions on Neighborhood
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Associations. The City has limited resources but what they do with
associations perhaps should be focused in that area in a pilot program as an
experimental situation. They should tackle the critical problem first.
Additional input was given relative to the problems in West Anaheim by both
Council Members, Planning Commission members and Planning Director Joel Fick.
ADJOURNMENT - PLANNING COMMISSION: By General Consent the Planning Commission
meeting was adjourned. (3:58 p.m.)
ADJOURNMENT - COUNCIL: Council Member Simpson moved to adjourn the adjourned
regular meeting of April 13, 1993, held on April 20, 1993. Council Member
Feldhaus seconded the motion. Council Member Hunter was absent. MOTION
CARRIED. (3:59 p.m.)
LEONORA N. SOHL, CITY CLERK
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City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 20, 1993 - 5:00 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Feldhaus, Pickler, Simpson, Daly
COUNCIL MEMBERS: Hunter
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
DEPUTY CITY MANAGER: Tom Wood
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT:
REDEVELOPMENT/ECONOMIC DEVELOPMENT MANAGER:
PLANNING DIRECTOR: Joel Fick
UTILITIES FINANCIAL SERVICES MANAGER: Michael Bell
ZONING ADMINISTRATOR: Annika Santalahti
ZONING DIVISION MANAGER: Greg Hastings
INVESTIGATOR, VICE DETAIL-POLICE DEPARTMENT: Jim Gandy
Lisa Stipkovich
Richard Bruckner
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:40 p.m. on April 16, 1993 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Daly called the workshop portion of the meeting of April 20, 1993 to
order at 4:00 p.m. Council Member Hunter was absent.
156: NEEDS ASSESSMENT FOR POLICE SUBSTATION - HOLMES & NARVER:
City Manager James Ruth. During the past several months, after Council
authorization, staff employed the services of Holmes & Narver to do a
feasibility study on site location, size and dimensions of the new Police
Substation proposed for the Anaheim Mills area. Police Chief Molloy, Contract
Administrator Jack Plake and Captain Randy Gaston who have worked on the
project will make the presentation along with the Architect Mike Flynn and
Nick Kollios. Documents have already been presented to the Council.
(See report - Facilities Needs Assessment Study - Holmes & Narver in
cooperation with Daniel C. Smith and Associates - Police Department Substation
Anaheim Police Department; Anaheim Hills Region.)
Jack Plake. He administers the Engineering agreements and the construction
contracts for the Public Works Department. Holmes & Narver was selected as
the architect in November. They have had an opportunity to review the Needs
Assessment and City staff concurs with those project demands and facility
service requirements. He introduced Mike Flynn, Vice President, and Assistant
Project Manager, Holmes & Narver who is present with Nick Kollios, the Senior
Associate and Bob Miller, Project Architect.
Presentations were then given by Nick Kollios and Mike Flynn.
Mr. Coleus explained the process used to arrive at the total square footage
requirements and facility requirements of the proposed substation which will
serve Sector 5 - the canyon area, planning area B; Mr. Flynn briefed the
alternative site evaluation which covered 17 sites - 16 alternatives and Dream
Street, all basically in the general vicinity of Weir Canyon. He briefed the
17 sites that were assessed, the alternatives chosen, and the reasons why, and
the final recommendation of Dream Street as being the best.
Questions were then posed by Council Members which were answered by both City
Manager Ruth and Mr. Flynn regarding the possibility of providing contract
services from the substation to nearby cities, parking, accessibility, cost
involved, etc.
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City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 20, 1993 - 5=00 P.M.
At the conclusion of discussion, Mayor Daly stated he would like to give
Council Member Hunter an opportunity to evaluate the information as well and
to give his input. The item is on the Council Agenda this evening and it can
be discussed further at that time.
REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed
Session to consider the following items:
a. To confer with its attorney regarding pending litigation pursuant to
Government Code Section 54956.9(a) to wit:
Strickland v. City of Anaheim, Orange County Superior Court Case No.
65-73-43; and Strickland v. City of Anaheim, Orange County Superior
Court Case No. 67-26-96.
Jones v. City of Anaheim, Orange County Superior Court Case No.
65-65-69.
Dease dba The Wounded Knee Saloon v. City of Anaheim, United States
District Court Case No. CV 93-1712 RC (Sx).
Elrousan v. City of Anaheim, Orange County Superior Court Case No.
70-08-13.
Williams v. City of Anaheim, Orange County Superior Court Case No.
67-92-02.
b. To meet with and give directions to its authorized representative
regarding labor relations matters - Government Code Section 54957.6.
c. To consider and take possible action upon personnel matters pursuant
to Government Code Section 54957.
d. To confer with its attorney regarding potential litigation pursuant
to Government Code Section 54956.9 (b)(1).
e. To consider and take possible action upon such other matters as are
orally announced by the City Attorney, City Manager or City Council
prior to such recess unless the motion to recess indicates any of the
matters will not be considered in closed session.
By general Consent, the Council recessed into Closed Session. (4:30 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present with the exception of Council Member Hunter, and welcomed those
in attendance to the Council meeting. (5:37 p.m.).
INVOCATION: Reverend Adam D. McCoy, St. Michael's Episcopal Church, gave the
invocation.
FLAG SALUTE: Council Member Bob Simpson led the assembly in the Pledge of
Allegiance to the Flag.
119: PRESENTATION OF BICYCLES TO WINNERS OF THE "TURN TRASH INTO TREASURE"
CONTEST: Presenting bicycles donated by Taormina Industries and R.J. Noble
Company to winners of the "Turn Trash into Treasure" contest.
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Marcia Myers, Administrative Services Coordinator, explained the subject
program and then introduced the bicycle donors Temre Jenkins, Recycling
Coordinator for Taormina Industries and Jim Grace, Vice President of
R.J. Noble along with the contest winners Brenda Buckner and Paola Torres.
Mayor Daly then presented the bicycles to the winners and along with the
Council Members commended the 3rd Graders for their excellent work. Mayor
Daly also presented Mrs. Myers with the proclamation recognizing April, 1993
as "Keep On Recycling Month" in Anaheim which she accepted on behalf of the
Maintenance Department.
The following were recognitions authorized by the City Council this date to be
mailed or presented at another time:
Public Service Recognition week, May 3-8, 1993
Key Club Weekend, April 23-25, 1993
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,528,055.42 for the
period ending April 12, 1993, and $2,746,497.97 for the period ending
April 19, 1993, in accordance with the 1992-93 Budget, were approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5:52 p.m.)
Mayor Daly reconvened the City Council meeting. (5:55 p.m.)
ITEMS OF PUBLIC INTEREST:
Julie Mayer, 1837 W. Orange Avenue, Anaheim, Advisory Member, Anaheim Arts
Council. She invited the Council and all citizens to come to the Imagination
Celebration taking place in Anaheim on April 24, 1993. She explained the
program that will be taking place from 11:00 a.m. to 5:00 p.m. in downtown
Anaheim just north of the Anaheim Museum with activities to take place in and
around that area - all events are free for children.
Mrs. Mayer. The Arts Council has acted on the request of the Sister City
Committee's desire to bring an art element from Anaheim to its Sister City in
Mito, Japan. The Art in Public Places Committee and the Arts Council both
feel they are in support of submitting the mural by Emigdio Vasquez on a loan
basis. They have before the Council a strategy and proposal they feel could
work in partnership with the Sister City Committee to commission a new work
that would permanently go to Mito. They are proposing that Council Member
Feldhaus when he travels to Mito next month take the replication of the mural
that is displayed in the City Hall East reception area with him and show it to
the Fine Arts Center in Mito with the specifics for the actual mural which is
quite large. It would have to be professionally crated and shipped along with
an interpretive narrative; Council Member Feldhaus did not feel it would be
necessary for the actual mural itself to go to Mito.
Mayor Daly. He suggested that the issue be further discussed but not
necessarily at tonight's meeting.
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Dr. H. V. Stone, 924 S. Roberts Street #1, Anaheim. She is the manager of
Roberts Apartments at Euclid and Ball, Juno and Roberts Street. She is
presenting a petition signed by four owners and twelve tenants explaining the
problem of cars racing down the alley behind the Roberts Apartments creating a
hazard for both adults and children. She is asking for assistance to stop the
problem and to prevent more accidents than those that have already occurred.
Mayor Daly noted that John Lower, the City's Traffic and Transportation
Manager was present and requested that he speak to Dr. Stone, suggest some
solutions and subsequently report back to the Council advising the steps
taken.
Jeff Kirsch, 2661 W. Palais, Anaheim. He asked that thought be given to
establishing a satellite cashier window in City Hall East (200 S. Anaheim
Boulevard) where collections was previously located. This will be a
convenience not only to the public but also employees avoiding the necessity
of having to cross the street to complete almost every transaction involving
payment for documents', fees, etc., and for the purpose of public safety and
efficiency.
Relative to today's workshop session with regard to the West Anaheim issues,
he offered his support or his services in the role of neighborhood
associations.
Mr. Kirsch also broached the proposed Disneyland project - Westcot and the
upcoming Planning Commission hearings expressing his concern over the short
time between response to comments on the EIR being made available and the time
of the hearings on the EIR before the Planning Commission next week, or less
than two weeks. He has also addressed the Planning Commission on the matter.
He feels there should be enough time for concerns to be adequately expressed.
City Attorney White. At the request of the Mayor, he outlined the process,
the time periods involved as well as what was legally required to be done and
what was not. He concluded by clarifying that the legal requirements
regarding this matter have been met.
PUBLIC COMMENTS - AGENDA ITEMS:
MOTION: Council Member Pickler moved to waive reading in full of all
ordinances and resolutions to be acted upon for the Council meeting of
April 20, 1993. Council Member Simpson seconded the motion. Council Member
Hunter was absent. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member
Pickler, seconded by Council Member Simpson, the following items were approved
in accordance with the reports, certifications and recommendations furnished
each Council Member and as listed on the Consent Calendar; Council Member
Pickler offered Resolution Nos. 93R-59 through 93R-62, both inclusive, for
adoption. Council Member Pickler offered Ordinance Nos. 5363 and 5364 for
introduction. Council Member Hunter was absent. Refer to Resolution Book.
Al. 105: Receiving and filing minutes of the Golf Advisory Commission
meeting held February 24, 1993.
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105: Receiving and filing minutes of the Anaheim Private Industry Council
meeting held February 25, 1993.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held March 17, 1993.
114: Receiving and filing Resolution No. 3082 from the City of Westminster
supporting SB 123 to provide for a "double majority" standard to select South
Coast Air Quality Management District Board Members.
114: Receiving and filing Resolution No. 5776 from the City of Santa Fe
Springs supporting the cooperative efforts of the City of Anaheim and
Disneyland in creating the Disneyland Resort.
117: Receiving and filing a Summary of Investment Transactions for the Month
of March, 1993, as submitted by the City Treasurer.
173: Receiving and filing a Notice of Proposed Increase in Gas Rates filed
with the California Public Utilities Commission by Southern California Gas
Company (Application No. 93-03-069) requesting approval of a long term lease
by SoCalGas of pipeline facilities between Kern County and Ventura County
owned by the Cuyama Pipeline Company, the Casitas Pipeline Company and the
ARCO Oil & Gas Company. SoCalGAs also requests an increase in rates by $4.001
million in 1994, to recover lease payments, property tax on leased property,
and operating and maintenance costs.
A2. 149: ORDINANCE NO. 5363 - INTRODUCTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING 14.32 RELATING TO PARKING NEAR FIRE HYDRANTS.
A3. 169: Approving a Notice of Completion of the construction of Magnolia
Avenue Street Improvements from Crescent Avenue to Lincoln Avenue by Ail
American Asphalt and authorizing the Mayor to sign and the City Clerk to file
said Notice of Completion.
A4. 158: RESOLUTION NO. 93R-59: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING EXECUTION OF A QUIT CLAIM DEED TO CERTAIN REAL
PROPERTY OR INTERESTS THEREIN. (Deer Canyon Storm Drain Easement)
A5. 151: Approving an Encroachment License Agreement (92-10E) for a
communication line located within Blue Gum Street from Gretta Lane north to
Coronado Street and across Coronado Street as requested by Anaheim Disposal.
A6. 151: Approving an Encroachment License Agreement for a water monitoring
well located within Schweitzer Park as requested by Orange County Water
District.
A7. 170: Approving the Final Map of Tract No. 14185 and the Subdivision
Agreement with Robert D. Wiens and Haroldene Wiens and authorizing the Mayor
and City Clerk to execute the subdivision agreement. (Tract 14185 is located
on the north side of Country Hill Road and approximately 670 feet on the east
side of the intersection of Country Hill Road and Vista Del Sol.)
A8. 123: Approving the Second Amendment to the Geotechnical Consultant
Agreement with Law/Crandall, Inc., in the amount of $25,300, for geotechnical
testing and consultation for Anaheim Arena.
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A9. 156: Proposed authorization for Holmes & Narver to proceed with Phase 2
through Phase 6 architectural services for the Anaheim Police Department
Satellite Substation. (Continued from the meeting of April 6, 1993, Item A9.)
City Manager Ruth. The Council may wish to take a different action on this
item since Council Member Hunter is not present.
Mayor Daly recommended that the subject be continued for two weeks.
At the conclusion of the Consent Calendar, this matter was continued for two
weeks to Tuesday, May 4, 1993, on motion by Council Member Daly, seconded by
Council Member Pickler. MOTION CARRIED (Council Member Hunter was absent)
Al0. 164: Approving Contract Change Order No. 3 in the amount of $84,251.62,
in favor of Aman Brothers, Inc., for additional improvements on the Heritage
Place Project.
Council Member Feldhaus. He expressed concern relative to the need for
continuous change orders and additional monies to complete a project. He
feels there should be better control. The whole project ended up $555,000
more than the original cost. He becomes concerned when that happens. He
feels in cases where the contractor makes a mistake, the contractor should be
responsible. He also believes there was not good advance planning on this
contract because they had to reconfigure and redo some of the things.
Lisa Stipkovich, Executive Director of Community Development. This has been a
complex project - the Center Street complex from Anaheim Boulevard to the
train station. What does not get reflected well is the period of time
involved of about two years where there were significant changes and problems.
A major change was that of developers, from Lincoln Properties to Kaufman &
Broad and in some cases changes in the work that needed to be done. There
were some things staff asked to be changed. There were a number of issues
involved. They do not believe they are paying for any contractual mistakes.
Also, regarding the amount they asked for from Kaufman & Broad, that is still
being negotiated. Lincoln Properties has paid their amount.
Dave Nelson, Civil Engineer-Field. As far as any damage done by the City's
contractor, that has already been picked up by the contractor, Aman Brothers,
Inc. The charges were associated with the work to support both Lincoln
Properties and Kaufman & Broad, their on site people damaged work the City had
already completed. The City's contractor completed the work in the interest
of trying to expedite the project as much as possible.
All. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent
to issue a purchase order to GCS, Incorporated, in the amount of $86,223.00
for two parking lot sweepers and an auxiliary hand-held hose.
Al2. 160: Authorizing the Purchasing Agent to issue a purchase order to Gene
Berg, in the amount of $22,950.00 for one (1) used 1990 Nissan 26,000~ GVW
truck/tractor.
Al3. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent
to issue a purchase order to Fire-Bann Corporation in the amount of $23,300.00
for retrofitting two (2) new Fire Department Suburban Command cars.
Al4. 123: Waiving Council Policy 306, and authorizing the execution of a
contract to PRC Public Sector, Inc., for a five (5) year period commencing
May 1, 1993, in an amount not to exceed $71,300.00 for the first year, to
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provide maintenance services for the Computer-Aided Dispatch and Computerized
Records Management Systems at the Police Department.
A15. 139: Authorizing communications to appropriate members of the State
Legislature of the City of Anaheim's position on the following legislative
proposals: Supporting Senate Bill 566 (Roberti), Supporting Assembly
Bill 2286 (Pringle), Supporting Assembly Bill 211 (Umberg), Supporting
Assembly Bill 401 (Margolin), Supporting Assembly Bill 1964 (Morrow).
Jeff Kirsch, 2661 W. Palais, Anaheim. He expressed his concerns with SB566
and Assembly Bill 401 asking that if the Council does not oppose the bills,
that they at least give some thought to the legislation.
Al6. 123: Approving and authorizing the Executive Director of Community
Development to execute an Attornment and Nondisturbance Agreement between the
City of Anaheim, Heinz Crowley Company, William J. Adkins and Roberta Adkins,
Larry L. Heuer and Leanne B. Heuer, Chrysler Realty Corporation, in connection
with the Anaheim Auto Center (Ball Road/57 Freeway).
Al7. 177: Approving the Regional Housing Needs Report which outlines the
housing units added to the City's housing stock during fiscal year 1991-92 and
identifies the remaining housing needs through 1994.
A18. 123: Approving an agreement with Sony Corporation for the provision of
parts and service for maintenance of the Sony Jumbotron Screen at Anaheim
Stadium at a cost of $50,000 for system maintenance provided during the period
January through December 1992, and $50,000 for calendar year 1993.
Al9. 153: Approving a reduction in the 1993 Dental Health Services family
rate from $39.15 to $38.00 per month, effective January 1, 1993.
A20. 123: Authorizing the Public Utilities General Manager to increase the
amount of the previously approved emergency construction contract with Doty
Bros. Equipment Company by $125,600, for the construction of flexible joints
for water main locations in the Anaheim Hills landslide area.
A21. 123: Approving an Agreement with Jorge M. Torres Acuna and Mirtha
Yolanda Marquez for rental of an apartment at the Jeffrey-Lynne Neighborhood
Center.
A22. 123: Considering a request from the Anaheim Cinco de Mayo Fiesta
Committee for funding assistance in the amount of $5,800; and approving an
agreement with the Anaheim Cinco de Mayo Fiesta Committee for the presentation
of the Twenty-Second Annual Cinco de Mayo Fiesta at La Palma Park on May 1 and
May 2, 1993.
council Member Feldhaus. He is going to be voting no on this item in view of
the fact that they have cancelled the Halloween Festival and the City's
Assistance to the Anaheim Hills Fourth of July Celebration. The City has no
money for these events and the Cinco de Mayo Committee should instead conduct
a fund raiser for this annual event. In light of the City's fiscal problems
and the loss of other social programs, he cannot justify a $5,000 grant to
assist the Committee.
City Manager Ruth. Staff is submitting this for Council consideration. It is
a request of the festival committee and is up to the City Council and will
require an action tonight whether or not the Council wants to fund the fiesta.
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City Hall, Anaheim, california - COUNCIL MINUTES - APRIL 20, 1993 - 5:00 P.M.
Council Member Pickler. It is something the City has done for many years.
The Committee does have fund raisers to pay for the fiesta. If the Council is
going to make a decision to discontinue funding, they should be put on notice
but for this year he will vote in favor.
Council Member Feldhaus restated if they want to make it a loan to the
Committee, he will go along with that for this year.
Chris Jarvi, Director of Parks, Recreation and Community Services. The event
is held annually along with a carnival in La Palma Park. All the proceeds of
the carnival accrue to the City and generally covers all City costs, Police
and Parks and Recreation costs. In good years, it covers all the money the
Council allocates as well. He confirmed that there had been occasions when
the City has received the funds back.
A23. 123: Approving an Agreement with the Orange County Transportation
Authority for $479,784 to provide design, construction and inspection services
for the Manzanita Soundwall Project.
Council Member Pickler. Every time he sees a wall going up, he wants to be
assured they are building in factors that will give protection against
graffiti such as shrubbery.
Chris Jarvi. The City is putting vines on the City side of the wall but
cannot do anything relative to landscaping the freeway side of the wall.
Mayor Daly suggested that a letter be prepared asking Caltrans to put vines on
their side of the wall.
Council Member Pickler. He feels that would be wise. As he meets with the
Orange County Transportation Authority, he will bring it up at a meeting.
Caltrans spends a great deal of time and money to wipe out graffiti and if
instead they use vines for freeway walls, it will eliminate some of the
graffiti problem.
A24. 123: Accepting a $93,000 grant from the State of California
Conservation Corps; and amending the FY 92/93 Budget by increasing revenues
and expenditures in Program 1112 by $93,000; and authorizing and directing
Steven E. Swaim, Community Services Superintendent, Gang/Drug Facilitation, to
conduct all negotiations, execute and submit all documents, agreements and
amendments, and patrment requests necessary for the completion of the project;
and approving an Agreement with the Anaheim Family YMCA subcontracting the
development of the Orange County Conservation Corps.
Todd Ament, General Director, YMCA/Anaheim. With Council approval, they are
going to launch the beginning of the Orange County Conservation Corps in
Anaheim. Of the ten priority issues of the City's Gang and Drug Task Force,
#9 outlines a lack of career development and employment training programs for
at-risk individuals. In response to that, the YMCA partnership with AUHSD,
JTPA and Steve Swaim put an outline together in response to a proposal by the
State to start a Conservation Corps. He then introduced Carol Cooley,
Executive Director of the Orange County Conservation Corps.
Carol Cooley. The Council's leadership has caused the Agency to come into
being. It is part of the City's Gang and Drug prevention program. They will
do their best to make the City proud.
Steve Swaim, Gang and Drug Coordinator. He recognized the YMCA and it's
Director Todd Ament as well as its Board of Directors for embracing the
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concept of the Conservation Corps. There is no other corps in Orange County.
They needed to find a non-profit organization to contain the corps.
A25. 123: Approving an Agreement with Rauscher Pierce Refsnes, Inc., in the
amount of $6,000 which includes all out-of-pocket expenses (with the exception
of not-to-exceed $3,000 in the event that a rating trip to New York is
required) for financial advisor services in connection with Competitive Sale
of 1993/94 Tax and Revenue Anticipation Notes ($35 million), and in the event
negotiations cannot be completed with the low bidder, authorizing the Finance
Director to negotiate with the second low bidder.
A26. 137: RESOLUTION NO. 93R-61: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING (I) THE INVITATION OF PROPOSALS FOR THE PURCHASE
OF (A) NOT TO EXCEED $140,000,000 AGGREGATE PRINCIPAL AMOUNT OF ELECTRIC
SYSTEM CERTIFICATES OF PARTICIPATION AND (B) NOT TO EXCEED $71,000,000
AGGREGATE PRINCIPAL AMOUNT OF ELECTRIC REVENUE BONDS, 1993 SERIES; (II)
APPROVE ONE OR MORE NOTICES INVITING BIDS RELATING TO THE CERTIFICATES AND ONE
OR MORE NOTICES OF INTENTION TO SELL CERTIFICATES; (III) A NOTICE INVITING
BIDS RELATING TO THE BONDS AND A NOTICE OF INTENTION TO SELL BONDS; AND (IV)
AUTHORIZING THE DELIVERY OF ONE OR MORE PRELIMINARY OFFICIAL STATEMENTS.
(Continued from the meeting of April 6, 1993, Item A20.)
137: RESOLUTION NO. 93R-60: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE INVITATION OF PROPOSALS FOR THE PURCHASE OF NOT TO
EXCEED $25,000,000 AGGREGATE PRINCIPAL AMOUNT OF WATER REVENUE REFUNDING
BONDS, 1993 SERIES; APPROVE THE NOTICE INVITING BIDS RELATING TO THE BONDS,
AND THE NOTICE OF INTENTION TO SELL BONDS; AND AUTHORIZING THE DELIVERY OF A
PRELIMINARY OFFICIAL STATEMENT. (Continued from the meeting of April 6, 1993,
Item A20.)
Council Member Simpson. He confirmed for the Mayor that he had an opportunity
to talk with both the City Manager and also Mike Bell from Public Utilities on
the matter. He raised the issue initially because historically on major bond
issues involving public utilities, they have been done on a negotiated sale.
This time it is a competitive bid and he questioned why. It turns out the
major consideration is timing in the market.
Mayor Daly. He had the same concern - with a fairly routine electric bond
refinancing, are they costing themselves money by simply designing the sale
and going out to the low bidder versus bringing in the best possible package
in a negotiated sale.
Mike Bell, Utilities Financial Services Manager. They have done most of their
electric and water refunding sales through a negotiated basis in the past
because of difficulty with regard to timing. The prior opln£ons %ha~ they
have had required a 15 day notice of sale before the bonds could be sold.
They have gotten around that in this case by presenting a situation where they
provide notice 15 days in advance of any sale but the actual final notice of
sale is given 24 hours before they sell the bonds. That gives them a 24 hour
period to pick the actual date that they would like to be in the market place.
Today, it would be virtually impossible to predict two weeks in advance where
the market will be. The other reason for selecting a competitive sale, they
have received numerous bids. They believe in consultation with their
financial adviser that the bonds will generate a great deal of interest and
they could expect to see a large number of bids.
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Additional discussion and questioning by Mayor Daly followed, he (Daly) felt
that Mr. Bell provided good input regarding the concerns expressed by himself
and Council Member Simpson.
A27. 158: RESOLUTION NO. 93R-62: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTIES OR INTERESTS THEREIN.
A28. 130: ORDINANCE NO. 5364 - INTRODUCTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING CHAPTER 1.03 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO
FRANCHISE APPLICATIONS.
A29. 123: Approving an Attorney Services Agreement with the law firm of
Rutan & Tucker to provide legal assistance to the City Attorney's Office
concerning the Santiago and Pegasus Landslides and such other matters as may
be assigned to such firm from time to time as special counsel for the City.
A30. 114: Approving minutes of the City Council meetings held March 2, 1993,
and March 9, 1993.
A31. 184: Reviewing the need for continuing the Proclamation of the
Existence of a Local Emergency issued by the Director of Emergency Services on
January 19, 1993, and ratified by the City Council on January 26, 1993,
concerning the Santiago Landslide and Pegasus Landslide in the City of
Anaheim; and taking no action to terminate the local emergency at this time.
Roll Call Vote on Resolution Nos. 93R-59 throuqh 93R-62, both inclusive, for
adoptions
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Pickler, Simpson, Daly
None
Hunter
The Mayor declared Resolution Nos. 93R-59 through 93R-62, both inclusive, duly
passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED. (Council Member Hunter was absent,
Council Member Feldhaus voted no on item A22.)
A32. 105: APPOINTMENT TO THE PRIVATE INDUSTRY COUNCIL:
Appointment to the Private Industry Council to fill current vacancies (4-year
terms).
Submitted was report dated April 6, 1993 from Marge Pritchard, JTP Manager
recommending that appointments be made to the Council of two members from the
Private Sector Category (Chart A - attached) for a 4-year term and two members
from the Public Sector Category (Chart B - attached) from the categories of
education and rehabilitation services also for a 4-year term.
Marge Pritchard, JTP Manager. There are five names before the Council. Ail
the terms are for four years and all potential members listed are interested
in serving.
In the Public Sector, legislation requires one name per agency be submitted.
In this case it is John Geisbauer, Department of Rehabilitation and in
Education, Cynthia Grennan, Anaheim Union High School District.
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Mayor Daly nominated Mr. Larry Slagle for reappointment as a Private Sector
Member as well as Mr. Don Natenstedt as a new appointee.
Council Member Pickler nominated Jeri Beals.
Mayor Daly nominated John Geisbauer and Cynthia Grennan for the Public Sector
in their respective categories.
There were no further nominations.
A Roll Call Vote was then taken on the nominations.
Larry Slagle - Ayes:
Absent:
Feldhaus, Pickler, Simpson, Daly
Hunter
Don Natenstedt - Ayes:
Abstained:
Absent:
Feldhaus, Simpson, Daly
Pickler
Hunter
Council Member Pickler thereupon withdrew his nomination of Jeri Beals and
suggested a unanimous vote on Don Natenstedt.
Mr. Larry Slagle was thereupon unanimously reappointed and Mr. Don Natenetedt
unanimously appointed to fill the current vacancies in the Private Sector
Category (4-year terms).
Mr. John Geisbauer and Mrs. Cynthia Grennan were thereupon unanimously
appointed to the Anaheim Private Industry Council to fill the current
vacancies for the Public Sector-Rehabilitation Services and Public Sector-
Education categories respectively.
A33. 114: CENTRAL ORANGE COUNTY FIXED GUIDEWAY AGENCY: Appointment of
Director and Alternate Director for a 2-year term beginning July 2, 1993.
Council Member Feldhaus moved to reappoint Irv Pickler, Director and Bob
Simpson, Alternate Director for an ensuing term on the Central Orange County
Fixed Guideway Agency. Council Member Daly seconded the motion, Council
Member Hunter was absent. MOTION CARRIED.
ITEMS B1 - B5 FROM THE ZONING ADMINISTRATOR MEETING OF APRIL 1, 1993:
DECISXON DATEs APRXL 8, 1993 INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 23,
1993:
B1.
179~ VARIANCE NO. 4213, CATEGORICALLY EXEMPT, CLASS 11:
OWNER: Shell Oil Co., c/o Eric Richter, 511 North Brookhurst Street,
Anaheim, CA 92803
AGENT: A & S Engineering, Ahmad Ghadarl, 207 W. Alameda, Burbank, CA
91592
LOCATION: 8275 East Santa Ana Canyon Road. Property is approximately
1.86 acres, having a frontage of approximately 261 feet on the west side
of Weir Canyon Road with maximum depth of approximately 349 feet and
being located at approximately 236 feet north of the centerline of Santa
Aha Canyon Road.
Waiver of minimum number of walls signs to construct 4 wall signs for an
existing food market.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
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Variance No. 4213 APPROVED, IN PART, with some signs remaining, some
being removed and some being added (ZA93-24).
B2. 179: CONDITIONAL USE PERMIT NO. 3618 AND NEGATIVE DECLARATION:
OWNER: Linda M. Kenski, 3001 Redhill Avenue Bldg. #5, Costa Mesa, CA
92626
AGENT: Jintana Hojnacki, Pradit Rugthrakull, 2415 W. Lincoln, Avenue
#H, Anaheim, CA 92801
LOCATION: 2415 W. Lincoln Avenue #H: Property is approximately 1.1
acre, with frontage of approximately 140 feet on the north side of
Lincoln Avenue and a frontage of ll0 feet on the west side of Gilbert
Street, with a maximum depth of approximately 275 feet.
To permit on-sale and consumption of beer and wine with waiver of
minimum number of parking spaces (108 required; 101 provided).
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
CUP NO. 3618 APPROVED, conditions added relative to landscaping and
limitations as requested by Police Department (ZA93-25).
Approved Negative Declaration.
B3.
B4.
B5.
179: VARIANCE NO. 4222, CATEGORICALLY EXEMPT, CLASS 11:
OWNER: Imperial Properties, Attn: Harold Hembree/Ken Rinker, P.O. BOX
7250, Newl0ort Beach, CA 92658
LOCATION: 5757 East Santa Ana Canyon: Property is approximately 4.2
acre located at the northeast corner of Santa Ana Canyon Road and
Imperial Highway.
Waiver of permitted number of walls signs (1 sign permitted; 2 signs
proposed), to construct a 96 square-foot wall sign on the northwest
building elevation (Albertson's).
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4222 APPROVED (ZA93-26).
179: VARIANCE NO. 4223, CATEGORICALLY EXEMPT, CLASS 5:
OWNER: Dale Martin & Cindy Martin, 5038 E. Woodwind Lane, Anaheim, CA
92807
LOCATION: 5038 East Woodwind Lane. Property is approximately 0.11 acre
with a frontage of approximately 50 feet on the south side of Woodwind
Lane, and maximum depth of approximately 100 feet and being located
approximately 200 feet west of the centerline of Woodwind Lane.
Waiver of minimum lot coverage, to construct a 239 square foot room
additional to an existing single-family residence.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Variance No. 4223 APPROVED (ZA93-27).
179: ADMINISTRATIVE ADJUSTMENT NO. 0082:
OWNER: Bazak Property, 146 N. Stanley Avenue, Beverly Hills, CA 92011
AGENT: J.S. Architectural Planning, Jacob Siles, 2006 S. Sherbourne
Drive, Los Angeles, CA 90034
LOCATION: 755-763 North Euclid Street. Property is approximately .37
acres located at the southwest corner of Glenoaks Avenue and Euclid
Street, having a frontage of aPproximately 135 feet on the south side of
Glenoaks Avenue, and a frontage of 121 feet on the west side of Euclid
Street.
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Division of an existing retail unit (4-units total) within an existing
3-unit, 3,108 square foot commercial center (previously approved), with
waiver of minimum number of parking spaces permitting the division.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 0082 APPROVED, added Conditions (ZA93-28).
Mayor Daly. He notes that there are additional conditions proposed by staff
on this item. There is a trash container out in front of the property in the
middle of the parking lot. The Zoning Administrator is suggesting restriping
of the lot. He asked if she was encouraging the property owner to move the
"eye-sore" trash container as a part of the conditions.
Annika Santalahti, Zoning Administrator. There was a person in opposition to
the overall proposal. While that issue was not addressed, it is something
they can look at. They are required to restripe the parking lot to
accommodate additional landscaping as well as to make the parking more
efficient. She can make a note in the file; City Attorney White confirmed for
the Mayor that he was comfortable with that.
Mayor Daly. He would like the trash container moved from its present location
to where it will not be visible.
END OF THE ZONING ADMINISTRATOR ITEMS.
SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS:
The City Attorney announced that it is appropriate at this time for all those
intending to testify at any or all of the public hearings including staff be
sworn in at this time.
Those testifying were requested to stand by the City Clerk and asked to raise
their right hand. The oath was then given.
D1. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3590 AND NEGATIVE
DECLARATION:
OWNER: Tokiko Nakamura, 8430 Pebble Beach Court, Buena Park, CA
90621
AGENT: Elliott Wainer, 13234 East Palm Place, Cerritos, CA 90701
LOCATION/REQUEST: The property is located at 2625 West Lincoln Avenue
and is approximately .85 acres located on the north side of Lincoln
Avenue, approximately 395 feet west of the centerline of Magnolia
Avenue. The request is to permit a pawn shop.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP No. 3590 GRANTED, hours of operation to be Monday through Friday
9 a.m. to 7 p.m.; Saturday 9 a.m. to 5 p.m. and closed on Sundays.
(PC93-28) (5 yes votes, 1 no vote, and 1 absent).
Approved Negative Declaration.
HEARING SET ON: A review of the Planning Commission's decision was requested
by Council Members Pickler and Daly at the meeting of March 23, 1993 and
public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - April 8, 1993
Mailing to property owners within 300 feet - April 8, 1993
Posting of property - April 9, 1993
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PLANNING STAFF INPUT:
See staff report to the Planning Commission dated March 8, 1993.
Greg Hastings, Zoning Division Manager, summarized the request after which
Mayor Daly opened the public hearing and asked to hear from the applicant or
the applicant's agent.
APPLICANT'S
STATEMENT:
Elliott Wainer, 13234 E. Palm Place, Cerritos, 90701. He is
asking for approval of Conditional Use Permit No. 3590. He is
confident that the area is in need of another pawn shop. He also
believes the business would be good for the pre-existing pawn shop
that exists on the other end of Magnolia on Lincoln.
PUBLIC DISCUSSION -
IN FAVOR:
None
PUBLIC DISCUSSION -
IN OPPOSITION:
Joseph LaRoche, 199 N. Magnolia "A", Anaheim. He is President of
the Carbon Creek Homeowner's Association representing 95
homeowners. The homeowners are against this pawn shop being
within two-tenths of a mile of another pawn shop and for the
following reasons:
They are concerned with the safety of their
children, the criminal element and activity
associated with pawn shops will become a
permanent part of their neighborhood. It will
give easy accessibility to purchase and sell
hand guns close to their homes. According to
the owner of the pawn shop and prior testimony
before the Planning Commission, Mr. Wainer
stated pawn shops are safe and do not deserve
the bad rap associated with them. If so, why is
there a provision for security gates and
surveillance equipment. They urge the Council
to vote no on the CUP.
There were no additional speakers, Mr. LaRoche having been the spokesperson
for the homeowners.
SUMMATION BY
APPLICANT:
Elliott Wainer. Ail pawn shops are highly regulated. He
explained some o~ ~he s~rlc% rules ~ha~ mus~ be ~ollow~d.
Relative to hand guns, there is no reason why there should be more
crime because he will sell hand guns. Those guns sold are sold to
legitimate people, once again under regulations that the purchaser
must follow which he explained. It will not create more crime.
He has been in the business for the last 15 years and has a good
reputation with the City of Los Angeles, the Police Department,
the ATF (Alcohol, Tobacco and Fire Arms) people and the Department
of Justice in Sacramento. In his meeting with the Planning
Commission, the Pawn Detail Officer from the City was present and
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City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 20, 1993 - 5=00 P.M.
questions posed to him on whether there have been problems with
pawn shops. His answer was no. They have a good rapport with
the pawn broker and there had been no problems. The reason for
security is that he is selling guns and jewelry. He is a business
owner and there will be crime anywhere there is business. His
security measures are with the community in mind as well as his
patrons.
Mayor Daly closed the public hearing.
Council Member Pickler. They do not need another pawn shop in the west end of
Anaheim. Two are already there and another is too much for the subject area.
It could turn into pawn shop row and he is opposed.
Mr. Wainer questioned why there was not a need for another pawn shop in the
area. He feels that area needs more pawn shops. It is a low-income area,
there is a need and there is room for competition.
Mayor Daly. He agrees with Council Member Pickler. This is not a
neighborhood that needs another business of this type. He respects the owner
for identifying a market place where he thinks the business might be
successful but his obligation is to the community and keeping a good quality
of life in the neighborhood. There are homeowners living nearby asking the
Council not to approve the use. He is prepared to oppose the application.
Approval will set the wrong tone for the neighborhood.
Council Member Feldhaus. He asked to hear from the Police Department and Code
Enforcement relative to the other pawn shops in the area.
John Poole, Code Enforcement Manager. There are very few pawn shops in the
City. As discussed in the afternoon joint hearing with the Planning
Commission on West Anaheim issues, the subject area is one that needs extra
attention. In his experience over the years dealing with different types of
businesses, it is his belief that pawn shops do not add to a neighborhood. He
is concerned there could be a row of pawn shops and attendant enforcement
problems, not so much Code Enforcement, but Police activity if the businesses
are not properly managed. It would just be adding another problem to an area
they might have to address.
Investigator Jim Gandy, Anaheim Police Department. He works Vice but the
Police Department does have a pawn shop detail consisting of one detective who
handles a full case load and he must monitor all the pawn shops in the City.
This is not his (Gandy's) area of expertise. At the Planning Commission
hearing according to the detective, Walt Jackson, he does not have the time
and ability to fully watch these businesses. They are mostly regulated by the
State. At the Planning Conunission meeting, Detective Jackson made the
statement he was undermanned and had a full case load of burglaries and thefts
that he handles and pawn shops were a secondary responsibility placed on him
and he did not have the manpower to monitor all of the pawn shops receipts.
Council Member Feldhaus. The focus seems to be on guns, but pawn shops
provide other services. The pawn shop he knows about is very well run and the
person is actively involved in the City. This applicant deserves at least the
input as to how the Police Department might feel. He would, therefore,
request that the matter be set over so that they could get the input of
Detective Jackson.
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Mayor Daly. On the advice of the City Attorney, he asked if Mr. Wainer had
any further comments he would like to make at this time.
Elliott Wainer. He is presently managing a store in South Central Los
Angeles. They work hand in hand with the Police Department to recover some
stolen merchandise. They work with the Police Department and the victim to
get the merchandise back to the victim. He emphasized they work hand in hand
with the police.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Pickler, seconded by Council Member Simpson, the City Council approved
the negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant effect on the environment. Council Member Hunter was
absent. MOTION CARRIED.
Council Member Pickler offered Resolution No. 93R-63 for adoption, denying
Conditional Use Permit No. 3590 with certain findings. Refer to Resolution
Book.
RESOLUTION NO. 93R-63: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3590.
Roll Call Vote on Resolution No. 93R-63 for adoption:
AYES: COUNCIL MEMBERS: Pickler, Simpson, Daly
NOES: COUNCIL MEMBERS: Feldhaus
ABSENT: COUNCIL MEMBERS: Hunter
The Mayor declared Resolution No. 93R-63 duly passed and adopted.
D2. 179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT
NO. 3581 AND NEGATIVE DECLARATION:
OWNER: Hutton Development Company, 201E. Sandpointe, Ste. 300, Santa
Ana, CA 92707-8707
AGENT: Reeves Assoc. Architects, Inc., Attn: Lawrence C. Reeves,
417 South Hill Street, Ste. 1100, Los Angeles, CA 90013
LOCATION/REQUEST: The property is located at 8205 E. Santa Ana Canyon
Road and is approximately 3.34 acres on the north side of Santa Ana
Canyon Road and approximately 1050 feet west of the centerline of Weir
Canyon Road. The request is to permit an automotive repair facility
including the retail sale and installation of automobile parts and
accessories with waivers of (A) minimum setback adjacent to a freeway,
(B) permitted freestanding sign, (C) permitted wall signs and (D)
permitted roof-mounted equipment.
ACTION T~tKEN BY THE PLANNING COMMISSION:
CUP NO. 3581 GRANTED (PC93-24) with nine added conditions (6 yes votes,
and 1 no vote.
Waiver of code requirement APPROVED, IN PART, waivers A, B and D
GRANTED, and waiver C DENIED.
Approved Negative Declaration.
HEARING SET ON: A review of the Planning Commission's decision was requested
by Council Members Daly and Pickler at the meeting of March 16, 1993, and
public hearing scheduled this date.
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PUBLIC NOTICE REQUIREMENTS MET
Publication in Anaheim Bulletin - April 8, 1993
Mailing to property owners within 300 feet - April 8, 1993
Posting of property - April 9, 1993
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated February 22, 1993.
City Clerk Sohl announced that the proponent has indicated he wishes to
request a continuation of tonight's public hearing which was made known to her
only shortly before the meeting.
Mayor Daly asked to hear from the applicant.
APPLICANT'S
STATEMENT~
A1 Meloro, National Director of Site Development for Pep Boys. He '
is asking for a 30-day continuance. They met with the hospital
this afternoon and were unable to come to an agreement on
mitigating some of the items of concern. They want to continue
the public hearing to do that. They would also like the
opportunity to see what the concerns are of those who have written
letters in opposition in order to meet with them and explain the
application. He realizes a lot of people are present on the issue
tonight in opposition and have been inconvenienced just as he has
by coming from Philadelphia.
Mayor Daly asked Mr. Meloro if he had something in writing to submit regarding
the continuance. (He had nothing to submit.) He asked the City Attorney to
speak to the matter.
City Attorney Jack White. His advice to the Council as in the past, because
there has been no previous continuance request, in order to afford due
process, it would be appropriate to grant the request for continuance. That
does not mean that the Council could not take some public testimony tonight if
there are people who are present and cannot attend the next meeting. It is
his advice that the request for a continuance be granted and the hearing put
over to a time convenient to all parties.
Mayor Daly. Besides polling the Council, he would like to informally poll the
audience and hear from a spokesperson for the adjacent property owner.
Floyd Farano, Attorney, 2100 S. State College Boulevard, Anaheim. He would
ordinarily not object to such a request but in this instance he does not
believe Mr. Meloro's reasons for a continuance are valid. Many people are
present tonight. He does not know how many are present in favor or in
opposition and would like the Mayor to inquire how many are in opposition.
City Attorney White. He does not have any objection to that type of a poll
but if the Council wishes to take testimony they can do so if it is understood
that no action will be taken until a later date. The hearing can be open,
testimony taken and the public hearing subsequently continued.
Floyd Farano. They met with the applicant this afternoon. The possibility
that there is any kind of door open for a reconsideration of the protestants
position is ill-conceived and misunderstood. It was made clear during over
one hour that the only position the hospital would ever take would be in
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opposition. They would support a different location and extend any assistance
in finding a different location but had expressed they would in no way agree
with this particular location. They made it clear (Pep Boys) they were there
to stay and would not consider that. The letters given to the City Clerk this
afternoon, Mr. Meloro told him in a private conversation they were pretty much
form letters. He (Farano) made a point, what would he do if 50 people were in
the audience in opposition. Why handle it any differently than if there were
50 people in the audience. A lot of people are present including doctors and
it would be a great inconvenience for them to have to come again. At the very
least, public testimony should be taken tonight to preserve the record. He
asked that the Council deny the applicant's request for a continuance.
Council Member Pickler and Mayor Daly were amenable to the request for a
continuance. The Mayor announced that testimony would be taken tonight and
the public hearing subsequently continued for 30-days. He thereupon opened
the public hearing.
Floyd Farano. He will go along with a 30-day continuance but is not sure if
he will be available in 30 days. The Council should know he might ask for a
different date.
PUBLIC DISCUSSION -
IN FAVOR:
Lawrence Reeves, Architect in Los Angeles, Representative of
Pep Boys. Originally the building was located within 15 feet of
the hospital with the service bays facing the main street. There
were also a number of other problems at the Planning level. They
were asked at the Planning Commission meeting in work sessions to
try to answer some of the people's concerns. They turned the
building 90° and faced the service bays completely away from the
hospital. They are currently 300 feet away from any patient area.
In the last ten to twelve projects, they have done sound studies.
In this case the sound study indicated that.no sound higher than
the ambient sound of the freeway would ever get back to the
hospital. Another concern was that the loading area was too
close. It is now about 200' away. They will only use three
trucks a week picking up in a fully enclosed loading dock with
sound abating material in it and only during business hours.
Signage was also reduced to meet the signage requirements of the
City. They have met or exceeded all parking requirements and
landscaping requirements. One of the other major concerns was
that they not be able to see air conditioning units or other
units. There is no air conditioning or other roof top units
visible from %he hospital at this time. The use is predominantly
retail - 85% retail, 14% service. It is an ancillary use to the
project and not the prime use. They are present for a CUP because
the retail use is allowed and the service use requires a CUP.
They would like a favorable decision.
PUBLIC DISCUSSION -
IN OPPOSITION~
Father Gabriel Ashe, Pastor, Saint Luke's Orthodox Church, Garden
Grove. He has lived in the Anaheim/Nohl Ranch area since 1965 and
is the founding Chairman of the Interfaith Chapel at Anaheim
Memorial Hospital. He is dismayed with the proposed automotive
center close by. He did his own study having observed the
activities and sounds from a Firestone Dealership in the
automotive area of a K-Mart. The proposed use will be 80 yards
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from the entrance of the hospital which would undoubtedly be a
detriment. He does not know how such a facility could even be
considered so close to a health care center.
Dr. Howard Emery, 7755 E. Orangewood, practicing emergency
medicine at the medical center. For the past two years he has
been developing his medical practice in the former temporary
facility and now in the new Anaheim Memorial Medical Plaza. It is
an architectural treasure. The building is one that gives people
pleasant surroundings and makes them feel good about coming for
medical care. It is an area where people are looking for a
certain ambience. The quietness of the area is important. It is
not an atmosphere compatible with the proposed use. This would
negatively impact the opportunity for him to develop the type of
practice he is trying to develop.
John Sloane, President and Chief Executive Officer, Anaheim
Memorial Hospital, 111 W. La Palma Avenue and also the facility in
east Canyon. They searched about a year to find a location
conducive to treating patients in that area. They paid
4.5 million dollars for the property, but with some protection for
their investment - the fact that it was in the scenic corridor
and, therefore, an automobile repair facility or some similar
facility would not be placed within 80 yards of their lot.
Sean Reyes, 6015 Babbling Brook Way. As a resident, he is
appalled to find the project is even being considered. They have
no desire to have the welfare of the community auctioned off in
search of tax revenue. He asked that the Council consider the
following concerns which are specific to the residents; they do
not need an additional auto repair center in the area, it is
immediately visible from the freeway and Santa Canyon Road, the
community will be forced to deal with additional crime, abandoned
vehicles and people working on cars, it is inappropriate for
Pep Boys to be located next to a medical building. He requested
denial of the CUP.
Mayor Daly stated for Mr. Meloro that in accordance with his request for a
continuance, the Council will attempt to accommodate him as close to the
30-days as possible.
City Attorney White. Four weeks will be May 18, 1993 and five weeks will be
May 25. He would suggest that the applicant defer any rebuttal comments until
after the next hearing where all rebuttal and all additional testimony will be
taken at once.
MOTION: Council Member Daly moved to continue the public hearing to Tuesday,
May 18, 1993. Council Member Pickler seconded the motion. Council Member
Hunter was absent. MOTION CARRIED.
D3. 179: PUBLIC HEARING - WAIVER OF CODE REOUIREMENT, CONDITIONAL USE PERMIT
NO. 3588 AND NEGATIVE DECLARATION:
OWNER: Dvan-Song Lee and Hui-Ding Chen, et. al, 2121W. Mission Road,
Alhambra, CA 91803
AGENT: Amer E1-Rousan, 1275 N. Gilbert Avenue, ~100, Fullerton, CA
92633
LOCATION/REQUEST: The property is located at 1210 South State College
Boulevard, Unit "C" and is approximately 1.36 acres located on the east
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side of State College Boulevard approximately 200 feet south of the
centerline of Ball Road. The request is to permit a cabaret (adult
entertainment businesses) within an existing sports theater with waiver
of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3588 DENIED (PC93-30) (4 yes votes, 2 no votes, and i absent).
Waiver of code requirement DENIED.
Approved Negative Declaration.
HEARING SET ON: The decision of the Planning Commission was appealed by the
Agent, Amer E1-Rousan and public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin - April 8, 1993
Mailing to property owners within 300 feet - April 8, 1993
Posting of property - April 9, 1993
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated March 22, 1993 and
Memorandum dated April 14, 1993 from the Zoning Administrator, Annika
Santalahti to the City Manager/City Council.
Annika Santalahti, Zoning Administrator. She summarized the specifics of the
request as outlined in the staff report. She also referred to her memorandum
of April 14, 1993 which contained conditions recommended by staff in the event
the use was approved by the Council. The Planning Commission denied the
Conditional Use Permit after public input and discussion.
Mayor Daly. Memorandum dated April 14, 1993 from the Zoning Administrator
summarizes some of the conditions that have been discussed which might
potentially apply to the project.
Mayor Daly opened the public hearing.
APPLICANT'S
STATEMENT:
Roger Diamond, Attorney, Representing the applicant, 2115 Main
Street, Santa Monica, 90405. They have reviewed the relevant
ordinances of the City with respect to the project. The very
stringent existing adult zoning ordinance in Anaheim severely
restricts where in the City one could lawfully operate such a
business. The adult zoning ordinance of the City was enacted
under a compulsion of Supreme Court Decisions which essentially
held that while cities may not totally ban adult businesses,
cities under the First Amendment of the United States Constitution
may not totally ban them but may regulate where they are located.
With respect to location, the courts have looked carefully at the
effect of adult zoning ordinances to see if under the guise of
regulations as to location, cities have effectively banned such
business by making it impossible to find a location that would
satisfy the stringent distance restrictions imposed by ordinance.
He reported on a recent court case where the US Court of Appeals
for the Ninth Circuit upheld an injunction by the Federal District
Court enjoining the City of Los Angeles from enforcing its
ordinance relating to adult businesses. He thereupon elaborated
on the provisions of the existing City ordinance especially with
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regard to distance restrictions. His client's business is located
on property that does satisfy the very stringent distance
restrictions imposed by prior ordinances of the Council. Last
year, they filed a lawsuit with the City on December 1, 1992
because the City had imposed requirements that they felt were
invalid because they vested too much discretion in the hands of
City officials. The courts have ruled there is such a potential
for abuse by elected officials that they might arbitrarily deny
licenses for such businesses based upon moral, religious, ethical
or subjective reasons. The courts have said cities cannot
exercise discretion with respect to these kinds of businesses
because if they can do so, they would more than likely turn down
the business. Based upon the lawsuit, the City amended its
ordinance and all that is left is Section 18.03.030 and .037. The
City Council shall grant the CUP if certain facts can be
demonstrated. He briefed the provisions comparing those with the
proposed business noting whether the City "wins" or "loses" on the
provisions.
Mr. Diamond then addressed the parking noting that there was
sufficient parking for a sports theatre and whether it is a sports
theatre or cabaret, the parking is the same, which under the
parking ordinance does have enough parking. In addition to the
staff report demonstrating there is sufficient parking, they also
independently retained a traffic engineer to do a traffic study
and the professional traffic engineer certified there is
sufficient parking for the proposed use. They believe that under
all objective considerations, the project should be approved under
every single element the Council is legally authorized to
consider. There is a freedom of speech issue when it comes to
book stores, theaters, movie theaters and expressive activities
where cities lack the power to ban these businesses. He
reiterated they believe under every single criteria the City may
objectively utilize, they comply. They have gone over the
conditions and are generally in agreement. They do have some
exceptions.
City Attorney White then confirmed for Mr. Diamond that the record
will include a copy of the traffic study referred to by
Mr. Diamond. The staff report that includes that recommendation
is also part of the record together with a good deal of the
material.
Mr. Diamond. He believes the Constitution of the United States
would preclude denial of the project. They are prepared to
respond to any legitimate argument. He does anticipate for
religious and moral reasons there will be opposition. He urged
that the ¢0un¢il grant the request for the CUP and if it should
turn out that a problem develops that was unanticipated, Council
retains broad powers to revoke the CUP or to add different
conditions.
Mr. Diamond then posed questions relative to a recently adopted
adult zoning ordinance and asked if it applied to this particular
project. The questions were answered by the City Attorney.
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Mayor Daly then asked if there were any additional testimony in favor of the
proposed business; from the audience someone answered that Mr. Diamond had
covered everything.
City Attorney White. Before the public hearing is closed, either now or at
the time of rebuttal, Mr. Diamond or Mr. E1-Rousan should indicate which
conditions they find objectionable. Once the hearing is closed, it is too
late to argue about conditions. If the City Council approves the permit, the
applicant needs to know under what conditions. He recommended those be
discussed now or at the time of rebuttal.
Mr. Diamond. He will assert and represent that the City apparently has a
policy of totally banning adult businesses anywhere in the City and Officer
Gandy has been assigned the task of discouraging businesses of this nature
from operating. He then explained why.
Council Member Pickler. Speaking to the applicant, (E1-Rousan) he has heard
what is going on with this application and the outcry from the people in the
area. The people do not want the facility but Mr. E1-Rousan still wants to go
ahead.
Mr. Amer E1-Rousan. He answered yes. When they first filed a lawsuit
December 1, 1992, it was not only Officer Gandy but also Don Yourstone, the
Code Enforcement Officer who talked to some of the tenants in the shopping
center and told them that the business will bring crime to the area.
Mayor Daly. The applicant indicated he will be commenting on the proposed
conditions after hearing from those in opposition. He asked first if there
were any additional speakers in favor; there were none.
city Clerk Sohl. She would like to place in the record that Council has
received 599 letters and 63 telephone calls in opposition to the proposed
business.
Sharon Ericson, 6401E. Nohl Ranch Road, Anaheim. This is the first she has
heard of the application and she is not speaking for or against it. She would
like to know what kind of business is being proposed. What are the employees
going to wear or do.
City Attorney White. The specifics of the proposal are contained in the staff
report, but it basically involves nude and semi-nude dancing girls dancing on
a raised platform or stage in a theatre that will not serve alcoholic
beverages.
PUBLIC DISCUSSION -
IN 0PP0glTION~
The following people spoke in opposition and their main concerns/comments
summarized:
Barbara Ward, 2545 E. Whidby Court, Anaheim. Her real estate
business in the same center will be adversely affected by the
proposed business. Many young people frequent the businesses
across the street after school. There is inadequate parking.
Liz Cason, 1118 S. East Street, Anaheim. Family values are
important to the neighborhood and they do not want to give them
up. Nine hundred (900) to 1,000 signatures of opposition were
delivered to the Mayor's Office today. There are four schools in
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the area and a computer learning school in the same center. There
are many family restaurants in the area which they consider part
of their community family.
Dr. Richard Gubler, 1210 S. State College, Unit G, Anaheim. He
has a concern for the safety of his patients and the quality of
his business. The theatre initially proposed was not to be an
adult nude show. Parking is going to be a problem.
Mary Hibbard, Clergy person, Anaheim United Methodist Church. She
represents 1,000 church members. This business is an attack on
their religious and moral values and has no place in their
neighborhood.
Marilyn Hauk, 601 Camino Correr, Anaheim. A lot of young girls
attend the Barbizon School across the street. Not many mothers
would allow their daughters to attend if the proposed business is
established across the street.
Alfonse Rasquel, District Manager, E1 Torito Restaurants. There
is no parking in the center or in the immediate area when the
Angels or Rams are playing at the Stadium. There is insufficient
parking. E1 Torito is a family oriented restaurant.
Bob Wayler, 1240 S. State College, Building Manager for the office
building adjacent to the proposed business. He is also in charge
of the entire parking lot. Parking is a major problem. The
computer school has almost 300 students. He is concerned with the
appearance of the building, the vacancy factor and the potential
loss of many of his tenants.
Richard Noll, 2011 Norman Place, Anaheim. The proposed
establishment will do nothing but bring down the surrounding
neighborhood.
Dr. Denise Martin, 1210 S. State College, Unit D., adjacent to the
proposed business. She is concerned about her patients, her
community and her well being as well as noise, parking and
semi-nude entertainment. The noise problem from the business even
now is a detriment to her practice and she stands to lose three of
her doctors, staff and her patients. She will stand to lose
everything she has built.
Dr. Robert Martin, 1210 $. State College, Unit D. He reiterated
some of the concerns expressed by his wife Denise as well as other
concerns. Parking is also a particular concern. He would like to
know who performed and paid for the parking study. He also asked
how many people wrote letters in opposition and how many in favor.
(City Clerk Sohl confirmed that 599 letters were received in
opposition and no letters in favor.)
David Bowden, Owner, Anaheim Schwinn Cyclery. His business has
been located on the other side of the cabaret since 1981. He
resents being told by the attorney that if he is opposed it is
unconstitutional. He does not know how the business can be profit
making without alcohol. It will bring prostitution and drugs to
the neighborhood. Parking is a big problem. This business will
not help any of the other businesses in the center.
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Billie Thompson, Owner, Lightning Copy Center, 1210 S. State
College, Unit M. Three other ladies and one teenage daughter
works in her business. The teenager will have to quit if the
subject business is allowed. It will not help any of the
established businesses.
Dr. Michael Adams, 1210 S. State College. (Associated with
Dr. Martin) Generally the center is clean and well maintained but
on occasions there are vagrants. With the proposed business,
these types of incidents will increase. If the business is
opened, he will have to break his contract with Dr. Martin and
move elsewhere.
Rick Roshan, 1240 S. State College, Partner in the Sand Dollar
Financial Plaza. They have been deceived all along. The bar will
be totally nude. He is concerned about his tenants, parking and
property values.
Jim Ward, 2545 E. Whidby Court, Century 21, President, Action
Associates. The business is going to serve the prurient interest
of the neighborhood. Mr. Diamond has set it up as a two part
issue. He is focusing on moral and religious issues hoping to get
a constitutional case. He assumes there was a "battle plan" set
up to do just that.
Marlee Meelock. She works at Lightning Copy. She empties the
trash at the copy center many times a day and the dumpster is by
the proposed theatre. Sometimes vagrants hide behind the
dumpster. She will not be emptying the trash in the future
because of safety considerations.
John Freeman, 2035 E. Norman Place. The age requirement is
18 years or older. The applicants have been requested to up the
age limit to 21, but they have refused. The Police Department
would be able to police the establishment if liquor was being
served. He questioned if the City will be able to police the
business under similar circumstances without liquor being served
if the permit allowed.
Massoud Roushan, Owner of Sand Dollar properties. His tenants
told him they are going to move out if the business moves in.
There is not enough parking and this is not an environment for
this type of business.
Jeff Kirsch, 2661 W. Palais, Anaheim. He questioned if there is
evidence that similar businesses in other cities have attracted
crime.
June Lowry. Citizens also have rights established under the
constitution and through the Supreme Court. (She cited a
particular case involving a theatre in another city which gave
municipal agencies the power to impose restrictions.) The
citizens have rights and those rights are in the majority and not
the minority.
Bob Miller, 1303 Arlington, Anaheim. He wanted to know what the
applicant was going to sell in order to make a living from the
business and be able to pay his dancers.
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Jerry Ames, 1234 Arlington, Anaheim. He also wonders how this
will be a viable business. He questions if Mr. Diamond is setting
up another delusion so he can sue the City and if the business is
ever really intended to be established.
At this point Mayor Daly asked to hear from a representative of the Police
Department.
Investigator, Jim Gandy, Vice Detail. The Police Department wanted to know
what type of impact this type of business would have on the community and the
calls for service it might generate. A similar business in Ontario was
surveyed and violations noted. He gave the results of the investigation
noting that in Ontario there were 76 calls for service from the police
department in 1992 for violations ranging from prostitution to thefts. In
their estimation, this one business would generate about twice as many calls
for service as all of the businesses presently located in the subject center.
In the City, there are two areas of concern to the Vice Detail regarding
prostitution activities - Harbor Boulevard and Beach Boulevard. They are
aware that this activity is spreading throughout the City and the girls are
always looking for some place else to go. Based upon facts, this will be
another area the police will have to target for prostitution. Relative to the
age limit, 18 years is considered an adult. With alcohol sales, IDs can be
checked for those that might be under 21 and citations issued if there is a
violation. If there are 17 year olds inside the business, the police would
refer that to Code Enforcement to bring back to the Council regarding a
violation of the Conditional Use Permit.
Mayor Daly then posed questions relative to the proposed hours of operation
which staff confirmed as being 11:00 a.m. to 2:00 a.m. He feels 7 days a week
from 11:00 a.m. to 2:00 a.m. is unusual for an establishment which does not
serve alcohol.
City Attorney White. Any conditions including relating to hours of operation
would need to be related to and necessitated by a finding that without
imposing that condition one or more of the seven criteria contained in the
Anaheim Municipal Code would be violated. It would then be appropriate
without that condition to deny the permit. The conditions including hours of
operation would need to be looked at from the standpoint of whether or not
without imposing those greater restrictions the use would violate one of the
criteria in the code that gives the Council the bases upon which to deny this
type of permit. Those seven criteria have been generally enunciated by
Mr. Diamond in his presentation.
Mayor Daly asked if he is saying to restrict operating hours somewhat more
restrictive than the applicant has requested that they must meet the
constitutional test.
City Attorney White. The Council could deny it if it is established that the
use at the proposed location is insufficiently buffered in relation to
residentially zoned areas so as to adversely affect said areas. If without
closing at midnight instead of 2:00 a.m. the Council determines that noise
could adversely impact the surrounding residential area, they could determine
that noise would be created by this use and, therefore, it is necessary to
limit the hours of operation so as not to interfere with the residential use
of the property. That would be an adequate basis on which to impose a more
limited time condition. The applicant can stipulate to different hours. One
of the reasons he requested discussion on the conditions is to find out what
the issues are with relation to the conditions.
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City Hallr Anaheim, California - COUNCIL MINUTES - APRIL 20, 1993 - 5~00 P.M.
Mayor Daly. He asked the City Attorney his recommended approach on the
conditions. He referred to the memo from the Planning Department.
City Attorney White. Staff recommendation, if the Council approves, is that
the Council impose each of the conditions set forth in the original Planning
Department report dated March 22, 1993. There a five conditions - Condition
No. 2 has several sub-parts. In addition, there are additional Conditions
No. 6 through 21 contained in the Planning Department Memorandum dated
April 14, 1993 and further to revise Condition Nos. 1 and 4 that were in the
original report to read as set forth in the April 14 memo. That is the staff
recommendation. Those should be the conditions he would recommend the Council
request the applicant to address as to whether those are acceptable. If not,
which ones are not and for what reasons.
Mayor Daly. He asked if there is anything to prevent the Council from
suggesting additional conditions; City Attorney White answered absolutely not.
Mayor Daly asked if the applicant has seen the April 14, 1993 memo; Annika
Santalahti. She answered yes. One copy was picked up Friday and the other
was mailed out.
Mayor Daly. Council Members have copies of the conditions. If there are any
questions on the conditions or the rationale behind them, he suggested that
those be answered now by staff before discussing the potential conditions with
the applicant. There are a total of 21 conditions.
SUMMATION - REBUTTAL
BY APPLICANT:
Richard Diamond. He will try to go through point by point some of
the issues raised by the opposition. Most seem to oppose this use
anywhere in the City. If not at this particular location, where
in the City could the business be established. He then spoke to
many of the issues brought forth also reiterating some of the
comments he made in his opening presentation referring to the
Anaheim Municipal Code.
Mayor Daly. He interjected and asked that Mr. Diamond summarize his major
points. When Mr. Diamond is concluded, he (Daly) will highlight the
conditions. He felt that it may be better to do that now so that Mr. Diamond
can direct his comments to the conditions. He then summarized the conditions
noting that it is not a complete reading of the conditions, but a summary of
the highlights of the conditions.
That no "Special Events" permits shall be issued for this business.
That no signage other than the business name ("Sahara Club") shall be
permitted on the exterior of the building and that no signage shall be
posted inside the windows visible to the exterior of the building.
That the hours of operation shall not exceed 11:00 a.m. to 2:00 a.m.,
seven days a week. (Mayor Daly stated that he was going to suggest
slightly more restrictive hours.)
That the applicant shall post and maintain signage restricting the age
of customers to twenty one (21) years and older.
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That the number of patrons on the premises at any given time shall not
exceed seventy-five (75).
That at least five (5) security guards shall be provided by the
applicant during business hours: three (3) inside, one (1) at the door,
and one (1) in the parking lot. The inside security guards shall assure
that there is no physical contact between the dancer/entertainers and
the customers.
That no customer re-entry shall be permitted without the customer first
paying an additional admission fee.
That there shall be no "table dancing" or "lap dancing" and that all
dancer/entertainers shall perform only on the stage.
That a minimum six (6) foot setback, including a brass rail or similar
barrier, shall be provided and maintained between the stage and the
customers at all times.
That a roped aisle shall be provided for dancer/entertainers entering
and exiting the stage to and from the locker room to prevent any
physical contact between the dancer/entertainers and the customers.
That every dancer/entertainer who is an independent contractor (rather
than an employee) shall maintain a current City of Anaheim business
license.
That all employees and independent contract dancer/entertainers shall be
drug tested at least every six (6) months by a health care provider or
laboratory approved by the City, and that certified results of such
tests shall be provided to the City upon requests.
That the wall adjoining the chiropractor's office (to the north of
subject premises) shall be acoustically treated to eliminate any noise
or vibration passing through said wall.
That a parking management plan shall be submitted to the City Traffic
and Transportation Manager for review and approval to ensure that
employee parking is directed to an area having the least impact on
neighboring business tenants.
That a reciprocal parking and access agreement between subject property
and the other three (3) parcels comprising subject commercial center
shall be submitted to the Planning Department for review and approval by
the City Traffic and Transportation Manager and the City Attorney.
Following approval, the agreement shall be recorded with the Office of
the Orange County Recorder and a copy of the recorded document shall be
submitted to the Planning Department.
That the floor plan (Exhibit 2) shall be revised to reverse the
locations of the men's rest room and the women's rest room so that the
men's rest room is not opposite the locker rooms.
Mayor Daly stated these are in addition to four comments previously submitted
with the original staff report to the Planning Commission. Staff is
suggesting revisions to Condition No. 1 that the Conditional Use Permit is
granted for a period of one year and that the permit shall expire at midnight
on April 20, 1994.
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Mayor Daly reiterated that this is not verbatim but a summary of some of the
conditions presented by staff, he asked that Mr. Diamond focus on questions or
concerns or agreement that they have with all of the conditions.
Amer E1-Rousan. Me stated he agreed with the majority of the conditions and
they are reasonable, however, Condition No. 13 in the April 14, 1993 memo,
prohibiting table dancing will be a concern. The dancers main income is from
tips they make in the club. This condition would stop them from making money
because they are living on tips. He was also asked that question previously -
if there was going to be nude table dancing and he said no. The dancers will
not be doing a nude table dance. They only appear nude on stage.
Mayor Daly. He asked if he would be willing to stipulate that there shall be
no nude or semi-nude table dancing; Mr. E1-Rousan stipulated to no nude or
semi-nude table dancing. The dancers are in a bikini when they do a table
dance.
Mr. E1-Rousan. Relative to the minimum 6 foot setback regarding both the
table dancing and the stage, he has a comment. No alcoholic beverages are
intended to be served on the premises; therefore there is no stage setback
since it would be in conflict with any ordinance. Table dancing is the only
income for the dancers besides the one they get on the stage. As it is common
in all such businesses, it cannot be denied or taken away - the table dancing.
Mayor Daly referring to Condition No. 14 stated Mr. E1-Rousan is saying that
the suggested condition for a 6 foot setback including a brass rail or similar
barrier is related to an alcohol permit and since he is not serving alcohol,
why the 6 foot barrier. He asked staff the rationale; Annika Santalahti.
That requirement came from the desire to keep the dancers and customers apart.
City Attorney White. He asked Mr. E1-Rousan what minimum separation would be
acceptable; Mr. E1-Rousan. Two (2) feet and the stage is also high,
approximately 30 inches.
Council Member Pickler. The concept is the dancers are on stage and people
will slip a dollar into the pantie or whatever. He asked what they did with
that.
Mr. E1-Rousan. The patrons cannot touch the dancer. When table dancing, they
pay the dancer for whatever is charged. They give it hand to hand.
Investigator Gandy. In the places they have been in with table dancing, that
is where the dancers make the most money. They make a few dollars on the
stage, the term used is "the bigger the bill, the bigger the thrill". It is
really the dancer who will touch or allow being touched - it is her decision
and not so much the management. The girls are not wearing anything except
shoes.
Mayor Daly. Me questioned if there were any other conditions.
Mr. E1-Rousan. Regarding the wall between their business and the doctor's
office, he went to the doctor today to see if there was noise coming through
and they would not let him in. He would agree to it. Me will treat the wall
and agree to it if they will let Code Enforcement come out and see if it is
needed.
City Attorney White. They have heard testimony from the chiropractor in the
adjacent office that they can hear noise through the wall right now. He is
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not sure that it is in dispute that noise is capable of being heard through
the wall. The point of the condition is to provide that the wall will be
treated to eliminate any noise once the use is in operation, the music is
playing and customers are applauding or yelling in order to avoid any of the
sound coming through the wall and into the doctor's office.
Mr. E1-Rousan stated he would take the judgement of a City professional; City
Attorney White suggested that the condition be left as is and if there is a
problem, staff will be out to monitor the situation.
Mr. E1-Rousan. Regarding the age limit, they respect 18 as the legal age as
it is specified by the State Legislature. Eighteen (18) years is considered
an adult and they can get into adult businesses. Not allowing 18 year old
patrons inside will be considered as discrimination.
Richard Diamond. He took issue with what Officer Gandy said relative to
remedies by the Police Department. There is a State statute that makes it
illegal to exhibit harmful matter to minors. It would be a violation of State'
law to allow anyone under 18 to go in there. The police do have an adequate
remedy under existing law to make sure under-age persons do not get into the
establishment. Mr. E1-Rousan will make sure that I.D.'s are checked. He
confirmed for Council Member Feldhaus that it is in the Penal Code
Section 311. That section talks about exhibiting harmful matter to minors.
That would prohibit anyone under 18 from getting in.
Mayor Daly. City staff is suggesting 21 is the minimum age and that signs be
posted to that effect. The applicant is saying he does not want to comply;
City Attorney White. It is an interesting argument on age discrimination
under State law. He does not feel strongly about that.
City Attorney White. The conditions would include conditions in the March 22,
1993 staff report, the original conditions 1 through 5. He is not sure they
went over those in detail.
Mr. E1-Rousan. They will honor those conditions. He will also keep employees
drug free. It was not a condition but he offered to do that.
City Attorney White. Answering the Mayor, he stated that Mr. Diamond needs an
opportunity to continue his rebuttal of the opposition. He does not believe
it has been completed.
Richard Diamond. It is not necessary to complete unless there are questions
or comments. If there is a problem with vagrancy now this business will get
rid of that because there will be security guards and they want to upgrade the
area.
Mr. E1-Rousan. There will be five security guards. He wanted to limit that
to four - two inside, one at the door, and one outside, but listening to the
testimony, five would be acceptable.
Barbara Ward. Having heard the conditions in the hours of operation and age
of the people and the issue of security and safety - they have heard five
security guards - three inside, one at the door and one in the parking lot.
That will protect the girls dancing inside but not those working in the
center. She works in her office sometimes until 9:00 p.m., as well as others
in the center. There is not adequate protection for her or others and she
does not see an adequate way to give that protection.
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Mayor Daly closed the public hearing.
City Attorney White. He would suggest if the applicant would stipulate that
Council possibly consider two security guards outside, two inside and one at
the door; Mr. E1-Rousan he will honor that.
Council Member Pickler. There has been discussion about changing the hours
from 11:00 a.m. to 12 midnight instead of ll:00 a.m. to 2:00 a.m.
Mayor Daly. Because no alcohol will be served, there is a disagreement. The
suggested condition is 21 but the applicant is not inclined to agree with
that. With those 18 years old and the 2:00 a.m. closing time, he is
struggling to understand the market so he is suggesting closing at midnight
seven days a week. He is not comfortable allowing the business to remain open
until 2:00 a.m., 2:00 a.m. is an alcohol related business and they are not
serving alcohol.
Mr. E1-Rousan. Most of these businesses are open until 4:00 a.m. because they
do not serve alcohol. He is asking only for 2:00 a.m. and not 4:00 a.m. He
then suggested hours of 1:00 p.m. to 2:00 a.m. instead of 11:00 a.m. to
2:00 a.m.
Mayor Daly. He asked Mr. E1-Rousan if he is stipulating to hours from
1:00 p.m. to 2:00 a.m.; Mr. E1-Rousan stipulated to the hours of 1:00 p.m. to
2:00 a.m.
Council Member Feldhaus. He believes anytime someone or something is
offensive to another or a detriment to the society, they should move on to a
new location where no one is offended. There are many people that do not want
the business in their area and neighborhood. He is not going to support the
conditional use permit and would just as soon battle it out in court.
Council Member Pickler. He believes it is a "slimy" operation and gets down
in the gutter. That is a personal view. It caters to an element that causes
problems. A standard question when approving projects is, is it detrimental
to the health, safety and well being of the neighbors and the people in the
shopping center. It is detrimental. There is not enough parking. There
should be 1,517 spaces and what exists is 549. The fact that they came to the
City and said they were putting in a theatre, he does not know but they might
have a case as far as fraud is concerned. He would be willing to help them
find another place. It should be in another area that will not affect the
residential area and the schools. Mr. T's caters to Katella High School. He
would like to see the law changed where such businesses as the one proposed
would not be allowed.
Mayor Daly. He agrees the business is not a good idea. The proposal is not
keeping with the immediate adjacent uses. It may lead to declining property
values. There are schools in the neighborhood. One of the major churches in
Anaheim and a major park is two blocks away. He believes they have many
reasons to say no to this application. He is not sure he agrees that there
are other locations for this establishment. There are many unanswered
questions. He does not like the fact that it was proposed as one use a few
months ago and then there was a quick about face. That is wrong and says a
lot about the kind of business it is going to be. He will be opposing the
conditional use permit.
Council Member Simpson. Without presuming to talk about the legality or
illegality of the issue, it is a moral issue with him. He doubts if the
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framers of the Constitution ever had in mind what is being done with the First
Amendment. The moral decline came in the mid to late 60's, when they began to
reinterpret the Constitution and gave more rights to the criminal and
perpetrators than to victims of crime. There is a decline in family values
and moral values and he could not support the request on that basis. If it
goes to court, he will be going on the basis of principal.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council
Member Daly, seconded by Council Member Pickler, the City Council approved the
negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant effect on the environment. Council Member Hunter was
absent. MOTION CARRIED.
Council Member Daly offered Resolution No. 93R-64 for adoption, denying
Conditional Use Permit No. 3588 based upon certain findings as supported by
evidence presented and also opposing waiver of the parking requirement. Refer
to Resolution Book.
RESOLUTION NO. 93R-64: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3588.
Roll Call Vote on Resolution No. 93R-64 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Pickler, Simpson, Daly
None
Hunter
The Mayor declared Resolution No. 93R-64 duly passed and adopted.
Cl. COUNCIL COMMENTS:
114: ADDITIONAL JOINT MEETINGS WITH THE CITY PLANNING COMMISSION:
Council Member Simpson. Today's workshop with the Planning Commission was
very beneficial and he got a lot out of it. He suggested that the Council
meet on a quarterly basis with the City's key Boards and Commissions.
Mayor Daly. He believes they should look towards that as a goal - quarterly
meetings at least with the City Planning Commission (every 3 months). He does
not believe that at this time they will be able to meet on a quarterly basis
with the others.
City Clerk Sohl. She assumes that any additional meetings will also have a
2:00 p.m. start time before scheduled City Council meetings.
114: GRAFFITI SECURITY FORCE: Council Member Feldhaus. He is asking again
for Council approval or consensus to proceed with his proposal to investigate
the possibility of a security service to help stop graffiti in the areas most
effected. He has met with Steve Swaim, Police Chief Molloy and others. He
has received several phone calls commending the idea as well as many verbal
approvals from citizens. He would like to get the approval of Council to
continue to put this together and ask for the City Manager's assistance.
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Mayor Daly. Two weeks ago, City Manager Ruth said he would be consulting with
the Police Department and would bring back an anaylsis of the proposal to the
Council with possible ways to implement such a program
City Manager Ruth. He is hopeful that the report will be submitted by next
week. That is the target.
ADJOURNMENT: By General Consent the Council adjourned. Council Member Hunter
was absent. (10:25 p.m.)
LEONORA N. SOHL, CITY CLERK
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