1993/09/14C£ty Hal. Ir Anahe~usr Cal£~orn:i.a - COUNCXL MXHXJTES - SE _PT_PT_PT_PT_PT_PT~R_ ER 14r 1993 - 5:00 P,M,
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Feldhaus, Hunter, Simpson, Daly
COUNCIL MEMBERS: Pickler
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
UTILITIES GENERAL MANAGER: Edward Aghjayan
UTILITIES FINANCIAL SERVICES MANAGER: Michael Bell
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
PROPERTY SERVICE MANAGER: Robert ZurSchmiede
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 2:40 p.m. on September 10, 1993 at the Civic Center kiosk,
containing all items as shown herein.
Mayor Daly called the meeting to order at 3:00 p.m.
R__EQUEST 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:
Golden West Baseball Co. vs. City of Anaheim, Orange
County Superior Court Case No. 40-92-46; Anaheim Stadium
Associates vs. City of Anaheim, et al., Orange County
Superior Court Case No. 44-81-74.
Anaheim City School District vs. City of Anaheim, et al,
Orange County Superior Court Case No. 71-46-35.
Adams International Metals vs. City of Anaheim, Orange County
Superior Court Case No. 69-97-13.
Howard Jarvis Taxpayers Assoc. vs. State Board of
Equalization, Sacramento Superior Court Case No. CV
36-28-74.
b. To meet with the City's Real Property Negotiator concerning
acquisition or disposition of certain real property interests for
property located generally at Ball Road and the 57 Freeway owned
by Simon & Gloria Fluor Trust, Roger and Ruth Miller, lessees.
c. To meet with and give directions to its authorized
represen~a~£ve rega~[ng laB~ r~la~£~n~ ma~r~ -
Government Code Section 54957.6.
d. To consider and take possible action upon personnel
matters pursuant to Government Code Section 54957.
e. To confer with its attorney regarding potential
litigation pursuant to Government Code Section
54956.9(b) (1).
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C£ty Hall r Anahe---m-r C~_l£:Eorn:i.a - COUNCIL MIHIJTES- SEPTEMBER 14, 1993 - 5500 P.M.
f. 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. (3:00 p.m. )
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(5:20 p.m.).
INVOCATION: Dr. Robert Knutson, Victory Baptist Church gave the invocation.
FLAG SALUTE.'.. Council Member Frank Feldhaus led the assembly in the Pledge of
Allegiance to the Flag.
119: PR_RSENTATION RECOGNIZING DONORS TO THE CITY LIBRARIES FUND RAISING
EFFORTS FOR FISCAL YEAR 1992/93:
Library Director, Bill Griffith accompanied by Mary Raffel, Friends of the
Library, presented certificates to the following people, members of Friends of
the Library, for their work in the Friends in raising funds for the City's
libraries:
Ruth Greiner, Anne Perdiew, Bonita Jolissaint, Connie Blomeyer,
Ted Millard, Bernadine Detweiler, Earl or Vadine Dahl,
Jane Winters and George McLaren.
Mr. Griffith also presented certificates of recognition to individuals and
groups who donated funds to the library and specific library programs.
Mayor Daly and Council Members commended the Friends of the Library as well as
the individuals and the groups who donated their time,~ money and effort in
assisting the libraries to maintain their services to the community.
Mayor Daly. The City is very grateful for the contributions. He also
recognized the Gas Company which matched one of the citizen contributions.
The City is going to need private donations and private support in the future
to maintain the libraries and library programs. That is why it is so crucial
that Mr. Griffith and some of the Friends of the Library have set up a
foundation which will bear much fruit in years to come. They are honored to
have Mr. Davis Taylor, an experienced business member, to head up that
foundation. They owe a debt of gratitude to Mr. Griffith and his staff.
119: PRESENTATION - R~COGNIZING EARL_ E. DAHL AND R. DAVIS TAYLOR FOR THEIR
SERVICE TO THE LIBRARY BOARD:
Mayor Daly first commented on the 28 years of service given by Mr. Dahl as a
member of the Library Board. He then presented him with a plaque in
recognition of that service. Council Members also commended Mr. Dahl for
giving so much of his time to a very worthwhile cause benefitting the citizens
of Anaheim. (Mr. Taylor was also commended for his service. He was unable to
be present and his plaque will be presented at a later date.)
119: DECLARATION OF RECOGNITION: A Declaration of Recognition was
unanimously adopted by the City Council and presented to the Chief Executive
Officer Richard Linsday and 1st Sergeant Ed Kostiuk, Principals in the Devil
Pups program and for its outstanding youth citizenship development program
along with its support of Project SAY.
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City Hallr Anahe-4mr California - COUNCIL MINUTES- SEP _T~MR__ ER 14r 1993 - 5:00 P.M.
Mark Deven, Recreation/Community Services Superintendent. The Devil Pups
program is one that the Project SAY program participates in. He then
introduced graduates of the program: Martin Magana, Gerardo Ceja, Abraham
Aguilar and Joseph Corders who were present at the meeting today.
Mayor Daly and Council Members congratulated the graduates and also commended
the progr~ and its contributions to the youth of the community.
The following were recognitions authorized by the City Council this date to be
mailed or presented at another time:
Recognizing #Constitutional ObseFvance Day" in Anaheim,
September 17, 1993
Recognizing 'Independent Living Month' the month of
October, 1993, in Anaheim.
Recognizing 'Bullfrogs Day" in Anaheim, September 8, 1993.
FINANCIA~ DEMANDS AGAINST THE CITY in the amount of $2,388,122.72 for the
period ending August 30, 1993; $3,013,762.74 for the period ending
September 7, 1993; and $8,143,907.94 for the period ending September 13, 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. (5:49 p.m. )
Mayor Daly reconvened the City Council meeting. (6:10 p.m. )
ITEMS OF PUBLIC INTEREST:
Clarence Nixon, 1138 N. Lotus, Anaheim (40 years). He explained a problem
that occurred relative to the fact that the Utilities Department did not
receive a recent payment on his utility bill although it had been sent as
evidenced by a postal receipt. He expressed concern that a representative of
the Utilities Department came out and said he was going to cut off his
electricity and services. He does not know what caused the situation to be
but feels the people in charge of the department should be informed well
enough to know how to handle their business before cutting service off
especially since the bill was paid as have all his bills for 40 years. Before
concluding, he assured the Council that he is happy to be a resident of the
City which has been his home for so long. He has done a great deal of work
for the City over the years in the area of public works.
Mayor Daly. He apologized for any mix up that occurred. He is asking the
City Manager to follow up with Mr. Nixon to see how and why the system broke
down in this case, He ~0w~ that generally a warning letter is first mailed.
He apologized for any inconvenience cause4.
Wyn Ard, Business address 1730 S. Euclid, Anaheim (residents 3314 Faircrest
Drive). She referred to the moratorium placed on adult businesses. Her
massage business is over 20 years old. Periodically, she needs to hire new
massage technicians. She took two ladies down to licensing and was told there
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City Hallr A~ahe!m-r California - COUNCIL MINUTES- SEP~ER 14r 1993 - 5:00 P.M.
was a moratorium on new businesses. She explained her business is not new.
She feels that massage technicians should be exempt from the moratorium.
Mayor Daly. They will ask the City Attorney to look into the matter and
report back at a later date.
Mark Alexander Jergis, 130 N. Brookhurst, Roman Spa. (Resident of Irvine. )
They have three employees. Since January 1, 1993, they have applied for a
license, were finger printed, paid for the permit, but have not yet received
it. He asked how long it takes to get a permit and also if they can hire with
a temporary permit.
City Attorney White. He believes this gentlemen's questions relate to similar
concerns raised by the previous speaker (Wyn Ard) relating to massage
establishments and the permit process pending the expiration of the existing
moratorium. He will be in contact tomorrow with the licensing office and
discuss the process with the License Collector. He believes the matter can be
worked out expeditiously. This gentlemen and others with a. similar interest
should either be in touch with the License Collector by the end of tomorrow or
the License Collector will be in touch with them regarding these issues.
Wyn Ard. The technicians at the Roman Spa already paid for their license and
permits in January and still have not received them. She is wondering why it
takes 9 months between application time and getting the license. She believes
what is holding the process up is the Police Department. They say they have
not had time to process the permits and licensing will not send out the
permits until they get word from the police.
Susan Early, a resident of Corona Del Mar, then addressed the Council on an
issue that was not within its jurisdiction as clarified by the City Attorney
and she was asked to leave the podium.
Mike Brown, 320 E. Orangewood, Anaheim. He wants to keep the Council up to
date on the vending issue. He then referred to and read articles relating to
vending and vendors and the effect and results of street vending on the
communities involved. In concluding, he also asked Council Members Feldhaus
and Simpson how the meetings were going with the vendors in Anaheim.
Council Member $imp~0n. Mr. Brown has a rep0r~ 0£ ~he las~ meeting and there
has not been a meeting since; Council Member Feldhaus. He understands from
Mr. Amin David that they had a meeting last Wednesday and they unanimously
elected a representative to formalize their organization and come back to the
City to address the concerns and the restrictions the City would like to place
in the ordinance.
PUBLIC COMME__NTS - AGENDA ITEMS: Public input received on Item A29 (see
discussion under that item).
MOTION: Council Member Daly moved to waive reading in full of all ordinances
and resolutions to be acted upon for the Council meeting of September 14,
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C£t Hall Anahe4m Cal£forn£a - COUNCIL MXNUTES - SEPTEMBER 14 1993 - 5500 P.M,
1993. Council Member Simpson seconded the motion. Council Member Pickler was
absent. MOTION CARRIED.
CITY MANAGER/DEPARTMeNTaL CONSENT CALENDAR~. On motion by Council Member
Hunter, 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
Hunter offered Resolution Nos. 93R-183 through 93R-186, both inclusive, for
adoption and offered Ordinance No. 5389 for adoption and Ordinance No. 5392
for introduction. Refer to Resolution/Ordinance Book.
Al. 1185 The following claims were filed against the City and action taken
as recommended=
Claims rejected and referred to Risk Management:
a. Claim submitted by Rick L. Long for property damage sustained
purportedly due to actions of the City on or about April 17, 1993.
b. Claim submitted by Jene C. and Evelyn H. Wilson for property damage
sustained purportedly due to actions of the City on or about February 1,
1993.
c. Claim submitted by Anastasia Palega for property damage sustained
purportedly due to actions of the City on or about June 6, 1993.
d. Claim submitted by Pacific Pioneer Insurance Co., c/o Steven L.
Dickenson, esq., for property damage sustained purportedly due to actions
of the City on or about February 11, 1993.
e. Claim submitted by Catarino & Stello Arellanes for property damage
sustained purportedly due to actions of the City on or about August 10,
1993.
f. Claim submitted by Claude Marine for property damage sustained
purportedly due to actions of the City on or about April 3, 1993.
g. Claim submitted by Kelly L. Jenson for property damage sustained
purportedly due to actions of the City on or about December 18, 1992.
A2. 140: Receiving and filing the Anaheim Public Library Monthly Statistical
Report for the month of June, 1993.
105: Receiving and filing minutes of the Senior Citizens Commission meeting
held July 8, 1993.
10~ R~ivin~ and filin~ minutes of ~h~ ~Qi~ Ad¥i~ory Commission meetin~
held July 29, 1993.
173: Receiving and filing Application No. 93-08-006 (of Southern California
Edison Company) before the Public Utilities Commission of the State of
California to establish an Off-System Power Sales Incentive mechanism and
Related Substantive and Procedural Relief.
A3. 165: Approving a Notice of Completion of the construction of Barrier-
Free Anaheim 1992-93 project to construct wheelchair ramps, curbs, gutters,
and sidewalks on South Street between Pine and Indiana Streets, and on Water
Street between Olive and Helena Streets by Nobest Incorporated, and
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City Hall r Anaheim-r California - COUNCIL MINUTES - SEPTEMBER 14r 1993 - 5:00 P.M.
authorizing the Mayor to sign and the City Clerk to file said Notice of
Completion.
A4. 123: Approving the First Amendment to the Stormwater Permit
Implementation Agreement to include additional cities, and adjust
contributions accordingly.
AS. 123: Approving a First Amendment to Agreement with CRSS Constructors,
Inc., in an ~mount not to exceed $88,550, for Phase II extended staff services
for programs and projects within the Commercial Recreation Area.
A6. 160: Authorizing the Purchasing Agent to issue a change order to Canada
Wire & Cable, Inc., for an additional amount not to exceed $144,795 (plus
applicable tax and reel deposit) for 7,000 feet of 69 KV power cable, bringing
the revised purchase order total to an amount not to exceed $1,307,644.
A7. 130: B_ESOLUTION NO. 93R-183: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE SUBMISSION OF A CERTIFICATION APPLICATION TO
THE FEDERAL COMMUNICATIONS COMMISSION, ADOPTING REGULATIONS THAT ARE
CONSISTENT WITH THE FEDERAL COMMUNICATIONS COMMISSION'S BASIC SERVICE RATE
RULES AND REGULATIONS, AND ESTABLISHING CERTAIN PROCEDURAL LAWS AND
REGULATIONS WHICH PROVIDE A REASONABLE OPPORTUNITY FOR CONSIDERATION OF THE
VIEWS OF INTERESTED PARTIES IN RATE REGULATION PROCEEDINGS TAKEN HEREUNDER.
A8. 105: Authorizing Jimmie D. Kennedy to maintain an "inactive status" on
the Budget Advisory Commission until January 4, 1994. (Jimmie D. Kennedy has
been appointed Interim Chief of Police through January 3, 1994. )
Ag. 123: Approving a Master Agreement with the Orange County Conservation
Corps to provide services to the City of Anaheim.
Al0. 176: RE_SOLUTION NO. 93R-184: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (93-7A) (LaMesa Avenue from 160 feet east of
Blue Gum Street to its terminus; waiving Council Policy 216 and public hearing
date set for October 12, 1993. )
All. 171: Receiving and filing Resolution No. 8413 adopted by Metropolitan
Water District Board of Directors, levying taxes for the Fiscal Year
commencing July 1, 1993, and ending June 30, 1994 for the purposes of the
Metropolitan Water District of Southern California.
A12. 123: Approving the First Amendment to Agreement with Carolyn Griebe and
Associates in an amount not to exceed $25,000 for coordination and
facilitation services in connection with the City's anti-graffiti programs.
106: Amending the FY 1993/94 Budget by :rans£erring $25,000 from CDBG
Contingency Account No. 235-411-7115-8695 to the City of Anaheim Code
Enforcement Budget Account No. 235-418-3269-7825.
A13. 123: Approving a Grant Agreement with Anaheim Interfaith Shelter, Inc.,
(AIS) in the amount of $30,000 for emergency shelter and support services to
homeless families in Anaheim.
Al4. 123: Approving an Amendment to a Grant Agreement with Anaheim
Interfaith Shelter, Inc., (AIS) to reallocate funds originally awarded for
rehabilitation to be used to meet operating costs.
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C£t¥ ~_allr Anahe'im-r ~al4forn'ia- COUNCXL MINUTES - SEP~ER 14r 1993 - 5~00 P,M.
A15. 132: Authorizing an appropriation of $400,000 from Sanitation Fund
reserves to construct improvements at City street sweeping transfer sites to
comply with Federal law.
A16. 123: APproving the Second Amendment to Agreement with Michael Brandman
Associates, in the amount of $76,940 for final contract adjustments relating
to preparation of the EIR for the Disneyland Resort Specific Plan.
106= Amending the FY 93-94 Budget by increasing revenue account
#207-418-3101-5951 and expenditure account $207-418-5730-7821 by $76,940.
A17. 107: ORDINANCE NO. 5392 - INTRODUCTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SUBSECTION .010 OF SECTION 1.01.389 OF CHAPTER 1.01 OF TITLE
I OF THE ANAHEIM MUNICIPAL CODE RELATING TO CODE ENFORCEMENT, AUTHORIZING
OFFICERS TO FILE CRIMINAL COMPLAINTS RELATING TO VARIOUS CODE VIOLATIONS.
A18. 123: Authorizing a Second Amendment to Agreement with the Community
Service Programs, Inc., (C.S.P.) in an amount not to exceed $52,597.20 for the
period of July 1, 1993 through June 30, 1994, for professional counseling
services.
Mayor Daly. He knows that Community Service Programs, Inc. (CSP) is
recommended to receive a $52,000 contract from the Police Department for
counseling services. There is a non-profit shelter for run away youths which
has recently approached city government. They had inquired as to any funding
within the Police Department. It is a related type of service. He has
forwarded the question to the City Manager's Office about the shelter. The
group is Amparo and they have served Anaheim's runaway youths in the past.
They lost their Federal Grant funding and had inquired about any assistance
from the City. He knows they will be following up with the Housing Authority
as well to pursue the availability of shelter funds.
City Manager Ruth. They are in the process of applying for additional Federal
Funding for a variety of programs and services which may be able to assist
them in the future.
Council Member Feldhaus asked that the item be continued for one week; at the
conclusion of the Consent Calendar, Item A18 was continued for one week.
A19. 155: Approving a Negative Declaration for the construction of the
Dowling/Yorba 69kV Undergound Transmission Line project. (Installation of
encased conduits and substructures, and the installation and connection of
69KV cables in La Palma Avenue from Carbon Creek Channel, Dowling Substation,
to Kellogg Drive, Yorba Substation).
A20. 123: Approving Caltrans Agreements No. 12233, 12280, 12245 and 12259,
for ~0~ments A, B, C, D (Electrical Fa¢ili%i~), an~ Agreements No. 12252,
12247, 12260 and 12246 for segments A, B, C, D (Water Facilities) to develop
plans for relocation/replacement of utility services for the I-5 Freeway
widening project, and authorizing the Public Utilities General Manager to
execute and deliver said agreements in the forms hereby approved, with such
additions thereto and changes therein as are approved by the Public Utilities
General Manager, such approval to be conclusively evidenced by the execution
and delivery thereof.
A21. 175: Certifying that the adoption of the Water Rates, Rules and
Regulations is statutorily exempt, under the California Environmental Quality
Act, Public Resource Code, Section 21080 (b) (8), in accordance with Title 14
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C£t¥ Hall~ p, nahe~n~ Cal£forn£a - COUNCIL MINIJTE$- SEPT_EMbER 14~ 1993 - 5~00 P.M.
of the Code of California Regulations Section 15273 (a), and authorizing the
City Manager to execute, and the City Clerk to file a Notice of Exemption for
same with the Orange County Clerk.
Council Member Simpson. He posed questions to staff regarding the charge for
the fire line and domestic line which were answered by both Ed Aghjayan the
Public Utilities General Manager and Mike Bell, Utilities Financial Services
Manager. Mr. Bell explained that there are approximately 207 customers who
would be impacted by the proposed change. They have a single line service
that serves both fire and domestic. That was permitted for a period of time
in the 1970s when it was possible to install one line for service. In 1977,
new building requirements called for two separate sources of service. For
that group of customers that have a multiple meter, what they have done in the
past years, they have been charged the domestic service rate for the largest
meter they have. If they have a 5" meter to serve the fire requirements, they
are charged the 5" service charge under the domestic rate schedule. They have
proposed allowing the customer to be charged the fire line meter charge and
then they would pay simply the domestic service charge for their use within
that facility. For those customers, that will result in a reduction in what
they have been paying.
RESOLUTION NO. 93R-185: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF
WATER AS ADOPTED BY RESOLUTION NO. 72R-600 AND MOST RECENTLY AMENDED BY
RESOLUTION NO. 93R-45.
Amending Fiscal Year 1993/94 Budget by reducing revenues from the sale of
water (Program 3245) by $183,000, debt service (Program 6500) by $65,000 and
other operating costs by $118,000.
A22. 114: Approving minutes of the City Council meetings held July 27,
August 3 (adjourned regular meeting of 7/27/93), August 3 (regular meeting),
August 10 and August 17, 1993.
A23. 149: Consideration of a Mitigated Negative Declaration; and Mitigation
Monitoring Plan No. 71 for Anaheim Arena Area Public Parking Facilities.
123: A Ground lease between Douglass Trust and the City of Anaheim.
149: The construction, maintenance and operation of a public parking facility
on the County of Orange Katella Maintenance Yard, located on the south side of
Katella Avenue (Site 2).
149: The construction, maintenance and operation of a public parking facility
on property located north of the former County Transfer Station, and west of
Douglass Road (Site 3).
169: The construction of certain street improvements: Cerritos Avenue from
Sunkist to Douglass Road; and on Douglass Road from'Cerritos Avenue to north
of Katella Avenue.
City Manager Ruth. These above items are requested to be continued by staff;
at the conclusion of the consent calendar, all items under A23 were continued
for one week.
A24. 123: Accepting the low bid of, and authorizing the execution of an
Agreement with Pedus Security Services, Inc., in the amount of $255,327 (plus
additional service requirements up to 160 hours per week), to provide security
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City Hall, Anahe~m-r California - COUNCIL MINIFTES- SEPTEMBER 14, 1993 - 5:00 P.M:
personnel to enforce parking ordinances in posted street sweeping and other
areas for a period of one year, commencing October 1, 1993, with three one
year options to renew, in accordance with Bid $5168. (Continued from the
meeting of August 24, 1993, Item Al0. )
A25. 118: ORDINANCE NO. 5389 - ADOPTION: AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING SECTION 1.12.060 OF CHAPTER 1.12 OF TITLE i OF THE ANAHEIM
MUNICIPAL CODE RELATING TO CLAIMS FOR MONEY OR DAMAGES.
A26. 123: Approving the Joint Exercise of Powers Membership Agreement for
the Orange County Regional Airport Authority (OCRAA). (Continued from the
meetings of 8/10/93-Item A16, 8/17/93-Item A20, and 8/24/93-A28.)
City Manager Ruth. Negotiations are still in progress. This item will be
removed from the agenda at this time and brought back sometime in the future
when appropriate.
A27. 184: Ratifying the Proclamation of the Existence of a local Emergency
issued by the Acting Director of Emergency Services on September 7, 1993,
concerning the Santiago Landslide and Pegasus Landslide in the City of
Anaheim, and reviewing the need for continuing the Proclamation, and taking no
action to terminate the local emergency at this time.
A28. 113: B__~SOLUTION NO. 93R-186: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN
TWO YEARS OLD. (City Clerk's Office).
A29. 123: Approving a Settlement Agreement by and among the City, the Walt
Disney Company, and the Anaheim City School District settling the case of
Anaheim City School District v. City of Anaheim, et al., Orange County
Superior Court Case No. 714635, concerning the Disneyland Resort Project.
Jeff Kirsch, 2661 W. Palais, Anaheim. He asked as he did earlier under the
Redevelopment Agency that the Council continue Item A29 until the public has
had a sufficient opportunity to examine the details of the contract on which
the Council is going to vote. He reiterated that he or anybody else in the
City should have an opportunity to see what is going on before action is taken
so they can inform Council of their judgements.
Roll Call Vote on Resolution Nos. 93R-183 throuqh 93R-186, both inclusive, for
adoption:
AYES:
NOES:
ABSENT
COUNCIL MEMBERS: Feldhaus, Hunter, Simpson, Daly
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Pickler
The Mayor d. elar~d R~nelu~£on No~. 93R-183 thr0u~h 93R-186, both inclusive,
duly passed and adopted.
Roll Call Vote on Ordinance No. 5389 for adoption:
AYES .'
NOES:
ABSENT:
COUNCIL MEMBERS: Feldhaus, Hunter, Simpson, Daly
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Pickler
The Mayor declared Ordinance No. 5389 duly passed and adopted.
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Hall, A_nahe'___m_, Calt. f~orni, a - COUNCIL MINUTES- SEPTEMBER 14, 1993 - 5:00 P.X.
END OF CONSENT ~AR. MOTIONS CARRIED.
A30. 105: ~SIGNATION - SENIOR CITIZEN COMMISSION:
(Ralph Same, term expiring June 30, 1996)
MOTION= Council Member Daly moved to accept with regret the resignation of
Ralph Same, Chairman of the Senior Citizen Commission for the term expiring
June 30, 1996 as tendered in his letter dated September 8, 1993 and directing
the City Clerk to post a notice of unscheduled vacancy. Council Member
Simpson seconded the motion. Council Member Pickler was absent. MOTION
CARRIED.
A31/A32. 105: APPOINTMRNTS/~APPOINTMENTS TO CITY BOARDS AND COMMISSIONS:
(Community Redevelopment Commission, Community Services Board and Senior
Citizens Commission)
Appointment to fill an unscheduled vacancy on the Community Redevelopment
Commission (Lopez term ending June 30, 1995).
Appointment to the Community Services Board for the new term expiring June 30,
1997.
Appointment to the Community Services Board to fill an unscheduled vacancy
expiring June 30, 1995 (Stavely).
Appointment to the Senior Citizens Commission for the new term expiring
June 30, 1996 (Hawley).
Mayor Daly. If~the Council agrees, he is suggesting, with one exception, that
they defer the subject appointments for one week for full Council action.
However, today he would like to fill the short term on the Community Services
Board replacing Steve Stavely who stepped down prior to the end of his term.
He thereupon nominated Liz Cason to fill that term expiring June 30, 1995.
Council Member Feldhaus seconded the nomination.
Council Member Simpson moved to close nominations. Council Member Daly
seconded the motion. Council Member Pickler was absent. MOTION CARRIED.
Liz Cason was thereupon unanimously appointed to the Community Services Board
to fill the term ending June 30, 1995 (Council Member Pickler was absent).
The balance of the appointments were continued one week for full Council
action.
I _T~M_~ B1 - B6 FROM T~__~ PL~kNNING COMMISSION MEETING OF AuGusT 23, 1993
INIPO~TION ONLY - APPEAL PERIOD ENDS SEPTEMBER 14, 1993~
B1. 179: SPECIMEN TREE REMOVAL PERMIT NO. 93-05 AND CEQA EXEMPTION SECTION
15061:
OWNER: Shadow Mountaun H.O.A., 289 S. Leandro Street, Anaheim, CA
92807
AGENT: Arborwest Assoc., Attn: Frank Angulo, 28792 Vista Aliso Rd.,
Trabuco, CA 92679
LOCATION: Subject property consists of three (3) separate parcels of
land described as follows: Parcel No. 1: Subject property is an
irregularly-shaped parcel of land consisting of approximately 0.21 acre,
having a frontage of approximately 59 feet on the north side of Leandro
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Rail Anaheim Cal£forn£a- COUNCIL NINUTES - SEPTEMBER 14 1993 - 5:00 P.M.
Street having a maximum depth of approximately 140 feet. Parcel No. 2:
Subject property is an irregularly-shaped parcel of land consisting of
approximately 0.40 acre, having a frontage of approximately 44 feet on
the east side of Leandro Street, having a maximum depth of approximately
204 feet. Parcel No. 3~.. Subject property is rectangularly-shaped
parcel of land consisting of approximately 0.24 acre, having a frontage
of approximately 72 feet on the east side of Leandro Street, having a
maximum depth of approximately 162 feet.
Petitioner requests approval of a specimen tree removal permit to permit
the removal of three specimen trees (one for each subject property).
ACTION TA~_EN BY THE PL_~NNING COMMISSIOn:
Specimen tree Removal permit No. 93-05 APPROVED (7 yes votes).
No action taken on CEQA Exemption Section 15061.
B2. 179: WAIVER OF CODE R~OUIREMENT, CONDITION~n USE PERMIT NO. 3628 AND
NEGATIVE DECLARATION:
OWNER: Koll Business Center La Palma, A California General Partnership,
2970 E. La Palma Ave., Anaheim, CA 92806
AGENT: Set Free Church of Anaheim Hills Inc., 421S. Mohler Drive,
Anaheim, CA 92808
LOCATION: 2995-B White Star Ave. Property is approximately 3.7 acres
located at the northeast corner of White Star Avenue and Armando Street.
To permit a 9,400-square foot church in the ML Zone with waiver of
minimum number of parking spaces.
ACTION TA~RN BY THE PLANNING COMMISSION:
CUP NO. 3628 GRANTED, subject to certain hours of operation (PC93-95)
(7 yes votes).
Waiver of code requirement APPROVED.
Approved Negative Declaration.
B3. 179: CONDITIONbL USE PERMIT NO. 3631 AND NEGATIVE DECLARATION:.
OWNER: Kaiser Foundation Hospitals, attn: Kevin Becker, 393 ~. Walnut
St., Pasadena, CA 91188
LOCATION: 441 North Lakeview Avenue. Property is approximately 9.2
acres located at the northwest corner of Riverdale Avenue and Lakeview
Avenue.
To retain a mobile medical (MRI) trailer.
ACTION TAK~EN BY T~__~ PLANNING COMMISSION:
WITHDRAWN BY THE APPLICANT.
B4. 179: CONDITIONAL USE PERMIT NO. 3429, CATEGORICALLY EXEMPT, CLASS 11:
OWNER: Home Depot, 3200 E. Lincoln Ave., Anaheim, CA 92801
AGENT: Marlene Brown, 12351 Morrie Lane, Garden Grove, CA 92805
LO~ATION~ ~00 W. Lincoln Avenue. ?r09er~y i~ approximately 9.1 acres
located on the south side of Lincoln Avenue approximately 655 feet east
of the centerline of Gilbert Street.
To amend or delete a condition of approval pertaining to the time
limitation for a portable food service use (hot dog cart) in conjunction
with a permitted retail store (The Home Depot).
ACTION TAVERN BY THE PLANNING COMMISSION:
CUP NO. 3429 APPROVED by deleting Condition No. 3 of resolution No.
PC91-108 pertaining to time limitation (PC93-96) (7 yes votes).
636
City Hallf Anahe'Imr Cal£:Eorn£a - COUNCIL MINIJTES- SEPTEMBER 14r 1993 - 5~00 P.M.
BS. 179: WAIVER OF CODE R~QUI~M~NTr CONDITIONAL USE PERMIT NO. 3012 AND
NEGATIVE DECLARATION~
OWNER: Rotanda Development Corporation, 4000 Mac Arthur Blvd., $350,
Newport Beach, CA 92660
AGENT= Robert L. Wynn, Wynn & Associates, 3 Civic Plaza, Ste. 225,
Newport Beach, CA 92660
LOCATION: 1101-1111W. Lincoln Ave. Property is approximately 0.45
acre located at the northwest corner of Lincoln Avenue and West Street.
Request for deletion or amendment to a condition of approval pertaining
to food service facilities to permit a donut shop within an exiting
commercial retail center with waiver of minimum number of parking
spaces.
ACTION TA/C__EN BY THE PLANNING COMMISSION:
CUP NO. 3012 GRANTED (PC93-97) (4 yes votes, and 3 no votes).
Waiver of code requirement APPROVED.
Negative Declaration Previously Approved.
B6. 179: ~C~ASSIFICATION NO. 93-94-01 AND MITIGATED NEGATIVE DECLARATION:
OWNER: Initiated by City of Anaheim, Post Office Box 3222, Room 162,
Anaheim, CA 92803
LOCATION: Property is approximately 3.15 acres located at the northeast
corner of Katella Avenue and Douglass Road.
To reclassify subject property from the ML Zone to the PR Zone
ACTION TAKE~N BY THE PLANNING COMMISSION:
Reclassification No. 93-94-01 GRANTED, unconditionally, (PC93-98) (7 yes
votes ).
Mitigated Negative Declaration Previously Approved.
END OF THE PLANNING COMMISSION ITEMS.
B7. 179: PROPOSED CODE AMENDMENT PERTAINING TO ROOF-MOUNTED AND GROUND-
MOUNTED EOUIPMENT:
To consider amendments to various sections of Title 18 pertaining to
roof and ground-mounted equipment.
ACTION TAKEN BY THE PLANNING COMMISSION=
Recommended adoption to City Council as revised by the City Attorney.
From the Council meeting of August 17, 1993, Item B7, and introduced at
the Council meeting of August 24, 1993, Item B7.
ORDINANCE NO. 5391 FOR ADOPTION: Amending various sections of Title 18 of the
Anaheim Municipal Code relating to roof- and ground-mounted equip~nent.
ei~y Olork ~ohl announeod thoro i~ a ro~uost from Planning staff that this
item be continued for three weeks.
MOTION: Council Member Daly moved to continue adoption of the proposed code
amendment to October 5, 1993. Council Member Simpson seconded the motion.
Council Member Pickler was absent. MOTION CARRIED.
B8. 179: ORDINANCE NO. 5393 FOR INTRODUCTION: Amending Title 18 to rezone
property under Reclassification No. 92-93-05 located at 444-600 North Euclid
Street from the CG zone to the CL zone (Anaheim Plaza).
Council Member Simpson offered Ordinance No. 5393 for first reading.
637
Hall, ~nahe~m, California - COUNCIL MINUTES- SEP~_~R 14, 1993 - 5:00 P.M.
ORDINANCE NO. 5393.:. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO
REZONE PROPERTY UNDER RECLASSIFICATION NO. 92-93-05 LOCATED AT 444-600 NORTH
EUCLID STREET FROM THE CG ZONE TO THE CL ZONE (ANAHEIM PLAZA).
Cl. 179: WITHDRAWA_L - POOL ROOM PERMIT APPLICATION - EL CRILLON:
Requested by Jacquiline C. Flanagan, 611 Lido Park Drive, 7D,
Newport Beach, CA 92663. The property is located at 1233 S.
Brookhurst, Anaheim (El Crillon) and the request was for eight pool
tables at the establishment.
Letter dated September 9, 1993 from the owner Jacquiline Flanagan requested
that the application be withdrawn.
MOTION: Council Member Daly moved to approve the withdrawal of the pool room
permit request. Council Member Simpson seconded the motion. Council Member
Pickler was absent. MOTION CARRIED.
Mayor Daly. The Council will consider the scheduled public hearings at this
time and when complete will return to the remainder of the agenda starting
with Item C2. He announced that the City Attorney will be recommending a
two-week continuance of Item C3.
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 - PRCLASSIFICATION NO. 91-92-19, WAIVER OF CODE
P~QUIB~MRNT, CONDITIONAL USE PERMIT NO. 3625, TENTATIVE PARCEL MAP NO. 93-1~
_
AND MITIGATED NEGATIVE DECLARATION:
OWNER: Simon III & Gloria Fluor Trust, Attn: Cecil Wright, 265 S.
Anita Dr., ~205, Orange, CA 92668
AGENT: Ruth Miller, 1600 Dove Street, ~138, Newport Beach, CA 92660.
LOCATION/REQUEST: The property is located at 1300-1382 East Auto Center
Drive and is approximately 8.39 acres located at the northwest corner of
Sanderson Avenue and Auto Center Drive. The request is for a change in
zone from ML (Limited Industrial) to CL (Commercial Limited).
To permit an automobile sales lot with accessory automotive repair with
waiver of (A) required number of trees, (B) required parking lot
landscaping, (C) minimum number of parking spaces, (D) required
landscaping abutting a street, (E) maximum number of signs, (F)
permitted location of signs and (G) minimum distance between signs.
To establish a 3-lot commercial subdivision.
ACTION TAKEN BY THE PLANNING GOMMI~ION;
Reclass No. 91-92-19 GRANTED, unconditionally (PC93-85) (7 yes votes).
Waiver of code requirement APPROVED, IN PART, waivers (A) and (B) were
deleted; waivers (C), (D), and (E) were denied; and waivers (F) and (G)
were approved.
CUP NO. 3625 GRANTED, IN PART (PC93-86).
TPM No. 93-156 APPROVED; and no action taken by City Council at the
meeting of 8/3/93, Item B7.
Approved Mitigated Negative Declaration.
HEARING SET ON: A letter of appeal of the Planning Commission's decision was
submitted by the agent, Ruth Miller and public hearing scheduled this date.
638
C£ty Hall r Anahe£mr Cal££orn:i.a - COUNCIL MINUTES - SEPTEMRER 14r 1993 - 5:00 P.M.
PUBLIC NOTICE B__EQUIREMENTS MET BY:..
Publication in Anaheim Bulletin- September 2, 1993
Mailing to property owners within 300 feet - September 2, 1993
Posting of property- September 3, 1993
PLANNING STAFF INPUT:
See staff report to the Planning Commission dated July 26, 1993.
City Clerk Sohl. Submitted to the Council just prior to the meeting was a
letter from Ruth Miller, the agent, requesting a one-week continuance of the
public hearing to September 21, 1993.
Mayor Daly asked if staff had any comments relative to the request.
Lisa Stipkovich, Executive Director of Community Development. This is an
economic development project and they have been very involved. They do concur
that a one-week continuance will be appropriate.
Mayor Daly. He asked if she believed they will be able to work out the
questions over a 7-day period; Mrs. Stipkovich answered she believes they
should be able to do so.
MOTION: Council Member Daly moved to continue the subject public hearing for
one week to September 21, 1993. Council Member Simpson seconded the motion.
Council Member Pickler was absent. MOTION CARRIED.
D2. 179: PUBLIC HEARING - ADDENDUM NO. 2 TO EIR NO. 289, WAIVER OF CODE
BEQUIBEMENT, CONDITIONAL USE PERMIT NO. 3550 - REVISION NO. 1:
OWNER: Kmart Development, 3100 West Big Beaver Road, Troy MI 48084-
3163.
AGENT: Gregory Simonoff Architects, 20101S. W. Birch Street, Suite
210, Santa Ana Heights, CA 92707.
LOCATION/REQUEST: The property is located at 1001 to 1100 Pullman
Street and is approximately 18.69 acres located south and west of the
southwest corner of Old Canal Road and Weir Canyon Road. The request is
for approval of Revision No. 1 to Conditional Use Permit No. 3550 to
permit a 169,156-square foot Kmart "super store" (previously 119,215-
square foot) which includes grocery sales, general retail sales, an
automotive repair center, an outdoor garden center and a free-standing
satellite dish with waiver of required site screening, required
landscaped setback and permitted roof mounted equipment.
ACTION TAK_RN BY THE PLANNING COMMISSION:
CUP NO. 3550 GRANTED (PC93-87) (5 yes votes, 1 no vote, and 1
abstained) ·
Approved waiver of code requirement.
Approved Addendum No. 2 ~o ~.IR No. 289.
HEARING SET ON.: A review of the Planning Commission's decision was requested
by Council Members Hunter and Simpson at the meeting of August 17, 1993 and
public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin- September 2, 1993
Mailing to property owners within 300 feet - September 2, 1993
Posting of property - September 3, 1993
PLANNING STAFF INPUT:
639
Hall Anahe£m Cal££orn£a- COUNCIL MINUTES- SEPTEMBER 14 1993 - 5500 P.M.
See staff report to the Planning Commission dated July 26, 1993.
Lisa Stipkovich, Executive Director of Community Development. This proposed
project is in the River Valley (redevelopment) Project Area. This particular
site has been approved in the past for a similar development by Kmart. They
have proposed a revision to the plan which has been reviewed and approved by
the Redevelopment Commission as well as the Planning Commission. It has also
been appealed by two Council Members following a request by residents that the
Council appeal the decision of the Planning Commission. (See letter dated
August 11, 1993 from Bill Taraschi - made a part of the record. )
Representatives from Kmart are present and would like to make a presentation.
Staff is recommending approval of Revision No. i to Conditional Use Permit
No. 3550.
Rob ZurSchmiede, Property Service Manager. Answering the Mayor, stated the
differences between the site plans are the basis of some of the problems of
the neighbors. The site plan approved in October, 1992 provided for a
multiple tenanted shopping center with better cross-site access.
Redevelopment staff felt there were some aspects of the October plan that were
a better site planning practice than the current plan. In attempting to
balance that with the request of the property owner to submit a revised retail
program for the site which they have purchased and now own, staff did
recommend approval of the development. The project is heavily conditioned.
The earlier plan would be preferable but they have tried to balance the
request of the property owner with those issues. They have met extensively
with representatives of the neighborhood. One of the concerns is the 24-hour
operation as well as some concerns about the site plan itself. Staff feels
the recommendation of approval is appropriate.
Mayor Daly opened the public hearing.
APPLICANT' S
STATEMENT ~
Tom Dombrowski, Project Manager for Kmart. Kmart recently
established a new direction in the development of Super K Centers.
They have opened two such stores as a test and are extremely
pleased with the results. They have been working with staff to
develop an acceptable Super Kmart at the subject location. He
then described the facility working from the site plan and
renderings posted on the Chamber wall. He also explained that the
24-hour operation is synonymous with Kmart Super Centers. The
store will employ 500 people - 300 part time and 200 full time.
Kmart is the fifth largest company in the country and the second
largest employer for people seeking their first job opportunity.
There is a substantial difference between a normal Kmart and Super
Kmart in sales volume. They experience four times the amount of
sales for the super concept as compared to the normal Kmart
previously approved. He then asked to show an 8-minute video to
be followed by a slide presentation. (The Council determined it
would not be necessary to view the video since it only involved
in-store operations. ) Mr. Dombrowski then introduced the
architect.
Greg Simonoff, Gregory Simonoff Architects, 20101 S. W. Birch
Street, Suite 210, Santa Ana. (Mr. Simonoff's presentation was
supplemented by slides which were contained in hard copy color
black and white photos in the booklet entitled Super Kmart Center,
640
C£2y Hallr Anahe~_m_f Cal£~orn:i.a - COUNCIL MINIFTES - SEPTEMBER 14r 1993 - 5:00 P.M.
4890 which also included a narrative, maps, a map showing the
site, views from the residential area - highest view point, lowest
view point, etc., and night views - made a part of the record.)
They met with the neighborhood at Bill Taraschi's home and
reviewed the neighbor's concerns. One of the concerns raised at
the Planning Commission meeting was the elevation of the building
and the perception that it presents a warehouse type look. They
prepared a rendering to better amplify the type of look the
building will have. One of the issues was the elevation facing
the Edison easement. The neighborhood felt they would have a
primary view of that particular area of the building. They have
enhanced that area and provided relief along that elevation. They
were also requested to supply additional landscaping along that
elevation which they have agreed to do. They have added an arcade
relief to simulate the arcade in the front of the building and to
wrap around and carry a look around the side of the building.
They have sent a copy of the new elevation to the homeowners.
One of the further issues of concern to the neighbors was the
24-hour operation and also the light quality of the site and the
visibility of the homeowners. They have retained the services of
Richard Mather who will explain the series of slides relating to
lighting. He visited the site, using computer technology and
actual photographs he investigated those conditions.
Richard Mather, Advanced Graphic Images, 2607 Blackthorn Street,
Newport Beach. He went to the site, took photographs and did
digital imaging to show how the store would look from the
homeowner's viewpoint. Working from the slides, he briefed what
would be seen from the homes from position A, B and C (see booklet
submitted) as well as what the view would be with projected 5-year
landscape growth. Slides were also shown showing existing night
views in different directions and also the proposed Kmart at 10:00
p.m. and 1:00 a.m. A slide was also included super imposing one
of the building elevations and landscaping of a proposed shopping
center proposed to be built immediately adjacent to the
homeowner's neighborhood.
Lisa Stipkovich. She pointed out that it was not the Kmart site
but the Shorb Wells site.
Mayor Daly asked to hear from anyone else present in support of
the project; there being none, he asked to hear from those who
have concerns.
Bill Taraschi, 1201 N. Melony, Anaheim. He first noted that
r~l~iv~ ~0 ~he ~h0rb Well site pr0ject~ the developer has
defaulted and the project is off the books and will not be
developed.
Answering the Mayor, Mrs. Stipkovich stated she does not believe
the permits have expired but Mr. Taraschi is correct, the escrow
fell through and the developer is not proceeding. She does not
know how long the entitlements would be valid.
Annika Santalahti, Zoning Administrator. She does not recall any
time extensions coming through. If someone is interested in
utilizing the previous approvals, they would have to come in with
641
City Hallr Anaheimf C~_l:i. forn£a - COUNCIL MINIJTES - SEP~ER 14r 1993 - 5~00 P.M..,
retroactive time extensions. As with all old projects such as
Shorb Wells, staff takes a good look at any new standards and
constraints that have arisen so that they can be addressed. From
the zoning point of view, the permits have expired and unless they
get retroactive extensions of time granted, they could not pull
building permits.
PUBLIC DISCUSSION IN OPPOSITION
TO THE REVISED PLANs
Bill Taraschi, 1201 N. Melony Drive. Anaheim. There are 64 homes
in their tract located north of La Palina west of Weir Canyon Road.
They know the site quite well and have been working directly with
Redevelopment staff for the past four years. They are not opposed
to the site being developed but want the best project for the
neighborhood and the City. Kmart did work with the neighbors
prior to approval of the previous site plan proposed in October,
1992, but since they have purchased the land and proposed their
new site plan, have only had one meeting with Kmart's contracted
architect. He then addressed the two issues of concern (see copy
of Mr. Taraschi's testimony which was previously submitted - made
a part of the record). He first referred to a map of the area
previously submitted noting that there are nine grocery stores and
six major drug stores within a four mile drive of the Kmart
project site. Several have eliminated their 24 hour operation
because of the excessive saturation of retail services in the
area. A second issue is the layout and appeal of the current site
vs. the previous plan. City staff has told both the architect and
Kmart that the current proposal is inferior to the previous one.
The original plan had better vehicular access, restaurant pads
located at perimeter entrances and a cross section of retail
services. They are asking that the Council deny the current
proposed site plan and have Kmart instead propose a plan
resembling the one approved in October of 1992.
Council Member Simpson. He asked if any changes had been made
that would meet with the neighbors approval.
Bill Taraschi. He answered, the changes that the architect is
making to the building on the west side. Their intentions are
that they will do the landscaping improvements asked for by the
neighbors. With those and some additional treatments to the west
side, that would improve what was submitted to the Planning
Commission, which is the current proposal.
Sharon Lazzaro, 8136 Woodsboro, Anaheim. She opposes the 24-hour
operation for tho r0as0ns of crime and the intense lighting th~t
would be necessary. (See copy of Mrs. Lazzaro's testimony which
was previously submitted - made a part of the record.) She
pointed to recent incidents of crime in the area. There are not a
sufficient number of police in Anaheim Hills to cover a 24-hour
Kmart. They would be selling firearms and ammunition, items
appealing to criminals. The proposed site would provide easy in
and out access to the criminal element. The intense light that
will be necessary will give customers a false sense of security
and the lights will simply be a nuisance to the neighborhood.
They do not want or need a 24-hour operation. She asked that the
Council vote no on the issue in order to make the community safer.
642
C£tY Hall, A-ahe!_m_, Cal£forn£a - COUNCIL MI~S - S_~P~HR 14, 1993 - 5:00 P.M.
Robert Koch, 8124 E. Woodsboro, Anaheim. He supports the
positions of Mrs. Lazzaro and Mr. Taraschi. He is speaking to the
issue of the scenic corridor (see copy of Mr. Kochs' testimony
previously submitted - made a part of the record). The area north
and west of the development site is designated as a scenic
corridor. A beautiful setting has been developed and used by many
people. It offers an escape from the hectic nature of urban life.
This proposed warehouse type structure flies in the face of this
aesthetically pleasing setting. They prefer the fo~ner proposal
with its smaller anchor store and many variously shaped additional
buildings. There is also a request for waiver from the
requirement to shield the roof-mounted equipment. The proposed
mitigation to paint the roof and equipment a single color is
insufficient. The bright lights that will be needed will ruin the
ambience of the park area and also glare into their community.
They are also concerned about the nature of the signage and if
there are going to be future sign waiver requests. A return to
the previous plan will reduce this potential because of the
distinctive nature of the original design. He is asking that the
Council oppose the super store concept. The former style is more
compatible with the concept of the scenic corridor.
Mayor Daly then posed questions to staff relative to the screening of the
roof-mounted equipment which were answered by the Zoning A~inistrator.
Annika Santalahti, Zoning Administrator. One of the mitigation monitoring
program measures requires that type of information be submitted for specific
approval by the Planning Commission. If roof-mounted equipment, the precise
design, color and material of the screening methodology has to be submitted.
Roof-mounted equipment under code generally is prohibited across the board and
thus screening is not even an issue. The code is being amended plus if the
lines of site can be adequately screened, that has been considered
satisfactory by the Planning Commission in the past. She clarified that there
is a condition that requires Kmart to return to the Planning Commission which
she read. Also, there are several mitigation monitoring measures specifically
addressing landscaping including the compatibility with the architecture of
the building.
Lisa Stipkovich. Since this is a redevelopment project, they will also be
reviewing the landscaping as well as signage program which will go through the
Redevelopment Commission and back to the Council as the Redevelopment Agency.
Rob ZurSchmiede. Precise grading, landscaping and signing will all come back
to the Agency for final review.
Clifford Lester, ~157 E. W00dsb0r0. Addressing the issue of lighting concerns
of a 24-hour operation, he also has photos he has taken. He is a professional
photographer and has been for 15 years. He submitted four mounted black and
white photos he had taken of a Chevron station near the Festival Pavilions
Market and also an auto dealership near Yorba Linda Blvd. and La Palma which
are 24-hour operations. He compared these with the photos that were submitted
by Kmart to show the difference in the intensity of the night lighting. He
cannot ~nagine a building open 24-hours a day that would have lighting as low
as that shown in the pictures submitted by Kmart. His concern is for the
light that the 24-hour operation would provide.
SUMMATION BY
APPLIC~:
643
c£t Hall Anahe4m Cal£forn£a- COUNCIL MINUTES - SEPTEMBER 14 1993 - 5:00 P.M.
Tom Dombrowski. Landscape screening will be in the Caltrans right
of way and is a requirement. Relative to the grocery stores in
the area, they did a 20-page grocery study and there are nine
stores in the trade area open 24 hours. The study also included
some maps of the area one of which he submitted to the Council.
In the next four years, there is a projected 8% growth in
residential. They also do demographic studies and research the
area before making a decision. Relative to security, they have
24-hour manned security inside and outside at the two stores that
are open. They also have a hidden camera surveillance system
inside the store. Regarding the question of who would shop from
12 midnight to 6=00 a.m., they want to satisfy their customers by
relieving the pressure to work in their shopping schedule without
considering when they can or cannot shop. There are many
off-shift ~eople who shop during those hours and their competitors
are aware of that as well. Relative to the scenic corridor, they
made a valid and honest presentation and addressed the issues.
There seems to be an impression of the homeowners that there is an
option as to whether a Super Kmart or normal Kmart would be built.
They would not set a precedent of limiting the hours of a Super
Kmart. They want to be able to satisfy their share of the
customer's needs. They would not take a step back and build a
smaller store knowing what a super store can bring to the
community and Kmart. He asked Jim Smith from Pro Lighting to
address some of the lighting concerns.
Jim Smith, Pro Lighting. Relative to the picture of the gas
station submitted by Mr. Lester, his company does lighting for
Arco, Shell and Chevron and the requirements are 80 to 100 foot
candles of light. A shopping center is the minimum light level
which will be 1.5 and the maximum is 9 to 10 foot candles of
light. The fixtures that would be proposed for the site lighting
are what are classified by the Illuminating Engineering Society as
a cut-off luminaire which means there is no light above the
horizontal position. The poles will be 30 feet high. Through the
modern technology of computers, they can show approximately 80 to
90 feet away from the site that a light meter would register 0
light from the shopping center.
Annika Santalahti. On lighting, one of the monitoring measures
does require that the Police Department will be reviewing the site
plans and building plans to ensure security both during daylight
and evening hours prior to building permits being issued. The
lighting will be covered as part of that analysis.
Mayor Daly closed the public hearing.
Mayor Daly. There is a detailed mitigation monitoring program which includes
follow-up reviews and discretionary approvals which the Planning Commission
has and the City Council still has on a number of aspects including
landscaping and screening of roof-mounted equipment. He asked the time frame
that these will be going to Redevelopment and Planning Commission for a
follow-up actions.
Rob ZurSchmiede. The last item to come before the Agency would be the grading
and landscaping plans. They have a meeting with Caltrans to discuss
landscaping in the State right of way which will be followed by signing. The
timeframe is several weeks as opposed to months.
644
City Hallr Anahe4_m__~ ~ali~ornia - COUNCIL MINtVTES - SEPTEMBER 14r 1993 - 5:00 P.M.
After additional questions posed to Mr. ZurSchmiede by the Mayor, Council
Member Hunter moved the following actions:
MOTIONs. On motion by Council Member Hunter, seconded by Council Member
Feldhaus, the City Council after considering the previously approved Addendum
No. 2 to Final EIR No. 289 does hereby find that it is adequate to serve as
the environmental documentation to Revision No. i to CUP 3550 and adopting the
Revised Mitigation Monitoring Plan No. 0055. Council Member Pickler was
absent. MOTION CARRIED.
Council Member Hunter offered Resolution No. 93R-187 for adoption, granting
Conditional Use Permit No. 3550, Revision No. 1, subject to City Planning
Commission conditions. Refer to Resolution Book.
RESOLUTION NO. 93R-187: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING REVISION NO. i TO CONDITIONAL USE PERMIT NO. 3550 HERETOFORE
APPROVED PURSUANT TO PLANNING COMMISSION RESOLUTION NO. PC-120.
Before a vote was taken, Council Member Hunter stated he is going to vote for
the 24-hour store. What the Council gives it can also take away. Approval
does not mean it will always be a 24-hour operation. As was reported, several
stores approved for 24 hours have voluntarily changed their hours. The
Council can also change hours under a CUP.
Mayor Daly. He intends to support the proposed site plan. At some point in
the process, they have to respect the property owner and the business thinking
behind the proposal. They have not restricted the operation of any of the
other grocery stores or major retail operations which are of a similar type in
the hill and canyon area. The market place will determine many of the
operating characteristics of the store. However, in terms of regulating
landscaping, signage and visual intrusion, there are strict protections built
into the staff recommendation and there will be future individual decisions
made on screening, roof-mounted equipment and signage. He encouraged the
residents to stay involved with that process. There will be public discussion
and decisions made on those items which were some of the main concerns
addressed by the neighbors.
He will be supporting the project as well.
A vote was then taken on the foregoing resolution.
Roll Call Vote on Resolution No. 93R-187 for adoptions
AYES:
NOES:
ABSENT
COUNCIL MEMBERS: Feldhaus, Hunter, Simpson, Daly
COUNCIL MEMBERS = None
COUNCIL MEMBERS: Pickler
The Mayor declared Resolution No. 93R-187 duly passed and adopted.
C2. ORDINANCE NO. 5394 - PROPOSED PUBLIC NUDITY ORDINANCE:
Recommendation of the City Attorney that Council adopt an
ordinance amending Section 7.16.060 and repealing Sections
4.18.130 and 140, to prohibit nudity in public places or places
open to .public view, with certain exceptions.
Submitted was report dated September 7, 1993 from the City Attorney
recommending adoption of the proposed ordinance.
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City Attorney White. State law does not absolutely prohibit public nudity.
Section 314 of the Penal Code prohibits indecent exposure which is defined to
include not only an act of nudity but also lewdness as well. State law and
court interpretations make it clear local agencies such as cities and counties
are given discretion to prohibit nudity separate and apart from indecent
exposure type conduct. In the process of reviewing the City's ordinances
concerning its sex oriented businesses as well as other ordinances relating to
the regulation of nude conduct in the City, it became apparent to his staff
that the City does not currently have a prohibition on nudity in City
ordinances that applies to all public places. The current one applies to the
prohibition of nudity in bars, restaurants and similar establishments relating
to the attire of waiters, waitresses or entertainers. The latest court cases
make it clear cities have the right on the basis of public decency to prohibit
nudity in public places but that any such prohibition should be evenly
administered and applied so as not to limit it only to places of commercial
conduct such as bars and restaurants. With that in mind, his department has
drafted for Council consideration an ordinance which would repeal the current
sections of the code that prohibits nudity only in bars and restaurants, and
would enact a new prohibition in Section 7.16.060 which would prohibit public
nudity or nudity in public places with certain exceptions. He then briefed
the provisions of the new section concluding that staff recommends that the
ordinance be given first reading today.
Council Member Feldhaus offered Ordinance No. 5394 for introduction
commenting, however, that he did not think it was strong enough and would like
to see it go even further if possible.
ORDINANCE NO. 5394: AMENDING SECTION 7.16.060 OF CHAPTER 7.16 OF TITLE 7, AND
REPEALING SECTIONS 4.18.130 AND 4.18.140 OF CHAPTER 4.18 OF TITLE 4, OF THE
ANAHEIM MUNICIPAL CODE RELATING TO PUBLIC NUDITY.
C3. 108: PROPOSED SEX-ORIENTED BUSINESS ORDINANCE:
Recommendation of the City Attorney that the Council adopt an
ordinance amending in its entirety, Chapter 18.89 of Title 18 of
the Anaheim Municipal Code, and various other provisions of the
Code relating to zoning for Sex-Oriented Businesses.
Submitted was report dated September 7, 1993 from the City Attorney
recommending adoption of the subject proposed ordinance.
City Attorney White. Currently there is a moratorium on adult businesses or
sex-oriented businesses in the City. His staff and other departments have
been diligently working for the past 90-days to present an ordinance which
would incorporate all of the latest thinking of the courts throughout the
country on what can be prohibited and what is permissible with regard to
regulation of these types of businesses in the con~nunity. An ordinance was
dra£~ed and presented ~o the Planning Commission last Wednesday. They
reviewed it and suggested several changes incorporated into a revised version
of the ordinance and submitted to the Council which was submitted to the
Council last Friday. An important item is that there be a reasonable number
of opportunities available in the community for these businesses to locate in
order to preclude the courts from ruling that such ordinances do not allow
that opportunity. Staff has been working on mapping those sections of the
City where such businesses could be located and still satisfy all of =he
restriction limitations contained in the proposed ordinance. Staff has not
had an opportunity to complete the work because of the extension effort
involved but he is advised it should be completed by the end of this week or
the middle of next week so staff can analyze the locations that would be
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available. His recommendation is that the ordinance be continued two weeks at
which time the necessary maps will be available to explain the effect of the
proposed ordinance and assure what will be adopted will not unduly infringe
upon constitutional rights.
Council Member Feldhaus. Under Section 2.3, he asked that staff look into the
possibility of adding convalescent hospitals and senior citizens homes as
well.
City Attorney White. Staff will be happy to look into the possibility;
however, the real difficulty is, the more restrictions they place in the
ordinance, the less sites will be available. It may reach a point where
although constitutional, there will be no sites available to meet the criteria
and the City will end up on the wrong side of litigation.
MOTION: Council Member Daly moved to continue consideration of the subject
proposed ordinance to Tuesday, September 28, 1993. Council Member Simpson
seconded the motion. Council Member Pickler was absent. MOTION CARRIED.
C4. 60-DAY NOTICE AND WAIVER _REQUEST - COUNTY OF ORANGE:
Authorizing the City Clerk to sign a waiver of 60-Day Notice for Adult Mental
Health program at 2031 E. Ball Road as requested by the County of Orange,
subject to the County complying with City of Anaheim zoning regulations.
Mayor Daly asked if the Council approves this waiver, is this the last review
the Council will have on this location; City Attorney White answered yes.
City Clerk Sohl, answering the Mayor explained that she submitted the request
to the Planning Department for their review and they had no comments. She
does not know how large the facility is going to be.
City Attorney White. If Council would like, staff can get that information
and submit it to the Council.
MOTION: Council Member Daly moved to continue the subject request for a
waiver for one week in order to get additional information from staff.
Council Member Simpson seconded the motion. Council Member Pickler was
absent. MOTION CARRIED.
C5. COUNCIL COMMENTS:
114: BUSINESS LICENSE FEE SCHEDULE - PROFESSIONAL CATEGORY:
Council Member Feldhaus. He received a copy of a problem from the realtors as
a result of the last reorganization of the City's businesses license fee. He
asked if it would require an agendized item to go back and revisit that
particular industry.
Mayor Daly. He has spoken with the City Treasurer to analyze their particular
concern in light of the revisions made to the fee schedule. He asked her to
evaluate the concerns and what it might take to deal with those concerns. He
would like to wait until the City Treasurer has presented her analysis, i.e.,
in the professional category why in some circumstances she is categorizing
them in a category other than professional.
City Manager Ruth. She has met with the real estate group and is preparing a
response back for Council.
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It was determined that the Council would await the City Treasurer's analysis
of the matter.
114: STRATEGIC PLANNING EFFORT - WEST ANAHEIM:
Mayor Daly. He and the City Manager have talked about a focused strategic
planning effort for West Anaheim. He would like to formally ask if it is
acceptable to the Council to prepare a draft plan which would include input
from citizens and business people in the West Anaheim area on strategic
planning issues. There is already one proposed redevelopment area,
commercial-business issues have been raised and neighborhood crime issues have
been raised in the past few months. He is asking the City Manager to bring
back an outline of a potential strategic planning effort for the West Anaheim
area which would include input from West Anaheim businesses and citizens.
Council Member Simpson. He would wholeheartedly support and endorse the
proposal provided that its emphasis is on getting the citizens involved.
Mayor Daly. That is precisely the goal. The Council will look forward to an
outline for discussion purposes as soon as it can be brought back to the
Council. The one request he would like to make is that the Planning
Department be central to the effort. He feels many of the issues are planning
issues. There are police issues and other department issues as well. He will
look forward to the response.
ADJOURNMENT: By general consent, the Council adjourned. (8:15 p.m.)
LEONORA N. SOHL, CITY CLERK
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