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1992/06/02City Hall, Anaheim, Cal£forn'la - COUNCIL NINIA'ES - ,YUNE 2r 1992 - 5**00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann M. Sauvageau POLICE CHIEF: Joseph Molloy CITY TREASURER: Mary Turner PLANNING DIRECTOR: Joel Fick UTILITIES GENERAL MANAGER: Edward Aghjayan ZONING ADMINISTRATOR: Annika Santalahti A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4=00 p.m. on May 29, 1992 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the workshop portion of the meeting of June 2, 1992 to order at 3:07 p.m. City Manager James Ruth. The workshop today is a presentation by the Chairman and Co-Chairman and various members of the Gang/Drug Citizens Task Force. The task force has tried to address what they consider to be a high priority in the Community - the gang and drug problem. The report being submitted is for Council's consideration. He introduced Police Chief, Joseph Molloy. Police Chief, Joseph Molloy. His presentation is to give an overview of how they got to where they are today in presenting the Gang/Drug Citizens Task Force report (June, 1992) to the Council. The report speaks for itself. He then briefed the introduction to the report, statement of purpose and gave the background and effort put forth since the time the City Manager directed the formation of a City task force to develop recommendations for dealing with drug and gang problems in Anaheim. The problem of gangs and drugs affects every community in the nation. In Anaheim over the years the problem seems to be increasing with youths in the street that do not have a lot of guidance for whatever reason. The report identifies what are considered the key issues along with recommended actions. They took the "holistic" approach in addressing three major strategies - prevention - intervention and suppression. The consensus was that the problem can be effectively addressed only through a partnership of Anaheim citizens, schools, non-profit youth service organizations, churches, the business community and City services. The task force felt the strategies presented showed a credible approach for doaling with the problem in a community-wide comprehensive venture. The task force met last Tuesday for the final review, to comment and to come to a consensus on the final report being presented to the Council today. It was an exceptional effort on everybody's part. To his knowledge, this is the first comprehensive report by any city in the County. Many people played an important part, but there were several outstanding individuals - Roger Baker, Captain, Police Department; Steve Swaim, Community Services Superintendent and Mark Deven, Recreation Superintendent. They put a tremendous amount of time, effort and hard work into the final product. To give an idea of the commitment on the part of everyone involved in the development of the report, there were 54 meetings of two to five hours and more. They submit the report for Council review, consideration, comments or anything else. They appreciate Council's support and the City Manager's support. The report is considered to 362 City H&11, Anaheim, California - COUNCIL MINUTES - JUNE 2, 1992 - 5~00 P.M. be a living document. Mr. Keith Olesen, Chairman and other members of the task force are present today. Keith Olesen, Chairman, Gang/Drug Citizens Task Force. Nothing he has been involved with in the City approaches the magnitude of the effort put forth on the report either in importance or response. A few points need to be reiterated and emphasized. One of the things is the holistic approach to the problem as mentioned by Chief Molloy. The report is the result of very wide-spread response from the community. The task force was wide in range with diverse opinions, starting points and perspectives but evolved into a very strong consensus and committed approach. There is a problem and something needs to be done and done now. There is no single, simple answer. The only solution is a combined focused effort. One of the things the report brings out is the idea of a focal point for these efforts - a coordinator to be appointed or hired to work through the City Manager's office. There is no other way but to have the City take that leadership role. The committee also decided not to say goodbye, but adjourned until the "next time". They have committed themselves to remaining in force and to help in any way they can with implementation, suggestions, answers, questions. There are a lot people willing to do a lot of things. Everybody has bought into it and committed themselves to being a part of the solution. He thanked the Council for the opportunity to give the report to them. He urged that they attack the problem now. Within the last 48 hours, there were three gang related shootings within a 5 mile radius of the Civic Center. The time is now. It is not going to be easy or cheap. It is needed and needed now. Mayor Hunter. The Council cannot really respond appropriately to the amount of work that has been put forth on this effort. On behalf of the entire Council, he thanked each and every member of the task force and all those involved. It is an historical event for the City to come together - schools, churches, the City and now it is time for the Council to look at the final product to determine how they can implement the program. He likes the word "stake holder" as used in the report because they are all stake holders in the community. John Rodenbauer, 604 N. Clementine, Anaheim. He represents the Anaheim Churches of Orange County Congregation of Community Organizations (OCCCO). They have 20,000 member families from Anaheim Hills to the east to the western edge of the City. They are present today to show support for the gang and drug task force strategy which has been presented. Three years ago, the Council adopted a resolution calling for the development of a comprehensive strategy to address the drug epidemic. The request for the development of a comprehensive study was made because their research with over 75 public officials revealed that the drug and gang epidemic was growing and that creative and imaginative approaches were needed to solve and stem the epidemic. They came back last July and asked for the Council's leadership in 'authorizing the City Manager to develop a comprehensive gang and drug strategy within 90-days. This past January, they worked with City Manager Ruth to bring the City Manager from San Diego to Anaheim to share how that city developed a Neighborhood Pride and Protection Program. In February, they had over 300 members participate in the public forums held by the task force. They have been committed to the development of a comprehensive strategy for the past three years. They are present today to share one message - the time for adoption and implementation of the Anaheim gang and drug strategy is now. Reverend Steve Mather. This is an historic moment and the culmination of the · '~ ~rts of many citizens and groups to raise a vision of what Anaheim can be. ~:..~ is an opportunity to say there is a chance to affirm the vision of a 363 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 2, 1992 - 5500 P.M. democratic society that can look at problems that face it and make some significant changes. Today not only the Presbyterian Church but other congregations in OCCCO want to propose to create a partnership with the City Council in the difficult task of evaluating the report. They want the Council to consider the report in total and pass on it as a total package. This is a chance to affirm and celebrate a great milestone in the life of the City. Chief Molloy is right in saying this could be a model for other cities, counties and the state. On behalf of the organization, they would like to be as supportive of the Council as possible in seeking creative ways to tap Utilities funds to find ways to raise the cap on those funds to address some of the proposed projects and the second would be to find creative ways to use Redevelopment funds. There is no choice but to do some of the ambitious projects proposed. Mayor Hunter noted that the names of the people on the task force were not a part of the report and he asked that Council get a list of those names. City Manager Ruth. That was by the request of the task force. He will be happy to provide the list. Mayor Hunter. He has had the opportunity to read over the City of San Jose and Oakland memorandums which he gave to the City Attorney requesting that his office look at the data and determine whether or not in some form Redevelopment Agency resources can be used to implement some of the programs outlined in the Gang/Drug Task Force report. These two cities did get creative and applied some redevelopment resources directed to the youth. He asked that the matter be researched; City Attorney White stated he would be happy to do so. City Manager Ruth. There are two grants currently pending. One is for $900,000 through the Federal Department of Health and Human Services and the second from the State Office of Criminal Justice Planning for $500,000. Both have been filed within the past two months. Four members of staff spent the entire Memorial Day weekend putting the grant application together because of the deadline and submitted it. They are to be highly commended. Council Member Ehrle. Looking at some of the data in the report, there is no question the City has a problem. He is not going to merely receive the report and put it on the shelf and wait until the money comes in. As budget hearings approach in the next few weeks and months, it is necessary to find the vehicle to make it happen. He then posed questions to staff answered by Chief Molloy. Council Xember DAly. In fa£rnes8 Co the Council, they received the report last evening although they have seen bits and pieces prior to that. He has seen the bulk of the report previously but the dollar figures and some of the fine details are new to the Council as of yesterday. There are many questions - the report comes to the Council from a Citizens Advisory Committee. He agrees with the Mayor the members of the task force should be listed prominently in the report as a thank you and salute to all their work. He asked to what extent the report would be circulated. Chief Molloy stated that since there have been many requests from other cities, he would expect that the report will be distributed far and wide and a age can be inserted listing the task force members. Council Member Daly. He feels it would be appropriate for the City Manager to summarize what portions of the report are in the current budget package, when will the Council be considering that budget package and how they make 364 C£ty llall, Anahe£m~ 'Cal£forn£a = COUNCIL MINUTg$ - ~ ~ 1992 - 5:00 P.M. financial decisions in the City and who makes them. In talking to some of the leaders of the OCCCO group over the past several months, it is a point that comes up repeatedly. This is really not a recommendation today from the City Manager who is the Chief Administrator. It is a task force report that comes from a Citizens Advisory Committee staffed primarily by the Police Chief with the cooperation of other department heads. City Manager Ruth. The Council makes the determination on how to allocate resources through the budgetary process. The purpose today is to submit the comprehensive report to the Council recognizing that they have had very little if any time to review it. It has significant financial impacts to the City. Staff has diligently looked at the City's current resources. Not only was the budget short in 1991 - 1992 by $1,500,000 to balance the current budget, but out $1,000,000 for the next year. They have delicately attempted to balance that budget. The hearings are to be conducted on June 9 and June 16 which will be public meetings in the Council Chamber. It is expected that the budget will be adopted on June 16, 1992. Staff has worked diligently to balance the budget with limited resources. He would like to emphasize $22,500,000 has been cut out of the budget over the past two years and they have eliminated or abolished 174 positions. They have attempted to keep Police and Fire whole. The Council took a dramatic step forward recently with the increase in the Transient Occupancy Tax (TOT) augmented with funding through drug forfeiture funds. As a result, they will add 12 additional police staff focused on the CAP and Drug and Gang Task Force. That is the immediate impact going into effect July 1 and is in the Resource Allocation Plan (budget). Grants have been submitted to supplement those resources. Another concern is what is going to happen on the State level. Cities adopt their budgets in mid-June. The State may not adopt their budget until July or August. The State budget is currently about 10.7 billion dollars out of balance and the question is whether the State is going to try to balance the budget on the backs of cities and what will that impact be. It is conceivable Council wall have to reopen the budget in late July or August. As of right now, there is a balanced budget which will be submitted to the City Council on June 9. The comprehensive plan submitted today is a great framework for addressing the gang and drug problem in the City. As resources become available and the Council looks at the priorities of the City, those issues will be addressed accordingly. Keith Olesen. The increase in the TOT was a good start. The only time the statement that there is a shortage in the budget remains true is if priorities remain status quo. The money may not be at the level they would like to see for everything the City needs, but there is money in the budget in income and revenues. The only thing that has to change to make these things a reality is priorities which have been voiced by the community. Council Member Pickler. He cannot go along with that. The priorities are there. They have changed priorities. With the report they want to continue to do that. As the City Manager stated, they will have an opportunity to do so and the City Manager will get direction to work with the Council and do whatever can be done to institute what is contained in the report. Council Member Daly. Following up on what the Mayor stated, he would like staff to look at the Redevelopment funding possibility. One of the best things about a project like this is that they can look at success stories and creative ideas from other cities. Things like day-care centers and assisting YMCA programs have been funded out of Redevelopment. It is one revenue stream that hopefully will continue and possibly grow. It .:'~ a new idea for Anaheim. 365 City Hallo Anaheim, 'California - COUNCIL MINUTES - JUNE 2. 1992 - 5~00 P.M. RECESS - CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items and adding an additional item, Item F as listed below= 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. City of Anaheim vs. Ertzen Associates, Inc., et al., Orange County Superior Court Case No. 55-75-40. Foriner vs. City of Anaheim, Orange County Superior Court Case No. 66-15-44. 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. f. To meet with the City's negotiator concerning possible disposition of real property located within the City owned by Anaheim Hotel Associates, 1855 S. Harbor Blvd. City Attorney White noted that the additional item was not on the printed agenda and will require a finding to act by a 4/5ths vote of the Council. MOTION: council Member Hunter moved to recess into Closed Session, Council M~mb~r Dal¥ ~cond~d th~ motion. MOTION CARRIED. (~:~ ~.m. ) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. '(5:30 p.m.). INVOCATION: Mary L. Hibbard, Anaheim United Methodist Church, gave the invocation. FLAG SALUTE: Council Member Tom Daly led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Hunter ~nd authorized by the City Council: Heritage Day at Oak Canyon Nature Center, Sunday, June 7, 1992 366 C£t¥ Hall~ Anahe£~a~ Cal£forn£a - COUNCIL MINUTES - JUNE 2~ 1992 - 5~00 P.M. AIDS Walk Day in Anaheim, June 14, 1992 119: DEC~TION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council and presented to Peter Aguirre for his accomplishments in the field of boxing having won District, State and Western Regional Tournaments as a member of the Anaheim Boxing Club. 119= DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was unanimously adopted by the City Council to be presented to Mrs. Meta Teegarden who will celebrate her 90th birthday on June 3, 1992 and also thanking her for enriching the culture in Anaheim. ~!9: PRESENTATION - CERTIFICATES OF R~_COGNITION FOR HOMELESS SHELTER VOLUNTEERS: Steve Swaim, Community Services Superintendent introduced the thirty-seven City of Anaheim Volunteer Shelter Managers. Their volunteerism and effort made it possible for the shelter (National Guard Armory in Fullerton) to be operational thirty-four nights sheltering homeless men, women and children. The minimum was a 7-hour shift and many of the City employees spent the entire night at the shelter after completing their regular shifts. The following people were then presented with certificates and personally commended by Mayor Hunter and Council Members: Melanie Adams, Jim Armstrong, Roger Banowetz, Teresa Banowetz, Robert Berg, Tim Campbell, Mark Deven, Jackie Dudek, Debbie Fank, Cheryl Flores, Richard Garcia, Greg Hastings, Sharon Hepburn, Dave Hill, Barbara Johnson, Chris Jarvi, Stanley S. Kantor, Michelle Kline, Richard LaRochelle Sr., Guy R. Lefebvre, Susan Leone, Michael Leiendecker, Sanjuana Martinez, Kathy McCarthy, Joe Mohammed, John Poole, Marge Pritchard, Sue Richmond, Angie Spencer, Lee Sohl, Lynn Smith, Anthony Stashik, Russ Stevens, Steve Swaim, Greg Trombely, Louie Vecchione, Bonnie Woodson 119: DECLARATIONS OF RECOGNITION: Declarations of Recognition and Commendation were unanimously adopted by the City Council and presented to Mr. Joe Weeks, Larry Keith and Bill Spehn for their outstanding service to the Winter Homeless Shelter Program. Each of the gentlemen have contributed over 700 hours, "to ensure the success of the Annual Winter Homeless Shelter Program at the Fullerton National Guard Armory for over 8,700 homeless men, women and children". Mayor Hunter and Council Members personally commended Mr. Weeks, Keith and Spehn noting that without their efforts, such worthwhile and necessary programs would not be possible. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,258,078.13 for the period ending May 22, 1992 and $3,640,386.95 for the period ending May 29, 1992, in accordance with the 1991-92 Budget, were approved. Mayor Hunter recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5: 48 p.m. ) Mayor Hunter reconvened the City Council meeting. (6:15 p.m. ) PUBLIC COMMENTS - AGENDA ITEMS: Marilyn Hauk spoke on Item A27 (see discussion under that item). ITEMS OF PUBLIC INTEREST: 367 C£t¥ Hall~ Z~uaheim~ C&liforn:i.a - COUNCIL MI~$ - ,Yt.INE 2, 1992 - 5:00 Gina Hainline, 318 S. Helena, Anaheim. With all the bad publicity currently relative to Police Officers, she feels it is important to relay an experience they had recently with the Anaheim Police and its positive nature. She then relayed an incident which involved her daughter who was lost for the good part of a day and how she was assisted by many personnel in the Police Department and Police Officers. She also named those who were involved. The effort resulted in successfully finding her daughter unharmed. She thanked Police Chief Molloy for the efforts, cooperation and caring shown by his staff and the Police Officers. She wanted the Council and public to know how much she and her family appreciated the fine work of the department. Jennie Negrete. She is present to thank the Council because she has been placed in another job in the City. She also thanked the Anaheim Municipal Employees Association (AMEA) and Police Chief Molloy because he tried to keep her in his department but in the end was unable to do so. She also thanked City Manager Ruth and Greg Smith the manager at the Stadium for placing her in his department. Sharon Ericson, President AMEA. She first relayed the story surrounding Jennie Negrete, a part-time and then full-time employee with the City for 25 years and the extreme hardship that would have occurred had she not been retained, and the efforts that had taken place to keep Jennie. Several top management people told her City Manager Ruth was trying to place her but some of his advisers were telling him it was precedent setting. She pointed out according to their Memorandum of Understanding it is not precedent setting but a responsibility of the Union, Council and the City to try to find a place for the employee in such cases. She then thanked Chief Molloy who tried desperately to keep Jennie and subsequently Greg Smith who came through immediately. Addressing another issue, she stated she is concerned over where the priorities are in the City. Four laborers will be eliminated June 30. In going through the budget department~ by department and program by program, she believes there are many things that should be cut before laying off employees. She asked for council consideration in that regard. Jeff Kirsch, 2661W. Palais, Anaheim. He is going to use Item A18 as an example but the Item has nothing to do with it. The agreement includes an expenditure for a Community Relations Program related to the issue. The program is being done in the community involved to create pro-active community inputs. In his neighborhood there is a project on the horizon (Disneyland Expansion Project) where their "neighbor" is planning a large "home improvement" but the residents have as yet not heard a lot of direct information. He urged that a program be started for pro-active community involvement for the important issues related to the proposed expansion. couhcil Member Pickler. What the City is doing is positive. When the EIR is brought forth, all the issues mentioned by Mr. Kirsch will be addressed. 368 C£tv Ha!l, Anaheim, Cal£fornia - COUNCIL MINUTES - ~ 2, 1992 - 5=00 P.M. CITY MANAGER/D~PARTMENTAL CONSENT CALENDAR: On motion by Council Member Hunter, seconded by Council Member Pickler, 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 No. 92R-104 for adoption. Council Member Hunter offered Ordinance No. 5309 for introduction. Refer to Resolution Book. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 92R-104) Council Member Hunter moved to waive the reading in full of the resolution. Council Member Pickler seconded the motion. MOTION CARRIED. Al. 118: The following claims were filed against the City and action taken as recommended: Claims rejected; application for leave to present late claim denied and referred to Risk Management: a. Claim submitted by Patricia Alonzo for property damage sustained purportedly due to actions of the City on or about March 7, 1992. b. Claim submitted by Amy Beneck for bodily injury sustained purportedly due to actions of the City on or about October 30, 1991. c. Claim submitted by B. Huffman for property damage sustained purportedly due to actions of the City on or about April 8, 1992 d. Claim submitted by Southern California Gas Company (attn: Mary H. Gums) for property damage sustained purportedly due to actions of the City on or about September 27, 1991. e. Claim submitted by Gerald Marcil Properties for property damage sustained purportedly due to actions of the City on or about April 18, 1991 through April 17, 1992. f. Claim submitted by Keith Wood, a minor, by Patricia & Robert Wood for bodily injury sustained purportedly due to actions of the City on or about March 7, 1992. g. Claim submitted by Diane Marie Sibel for property damage sustained purportedly due to actions of the City on or about April 10, 1992. h. Claim submitted by Ronnel Harold Mortimer for property damage sustained purportedly due to actions of the City on or about April 10, 1992. i. Claim submitted by Aetna Life and Casualty (No. 086-92-1857) for bodily injury sustained purportedly due to actions of the City on or about April 1, 1992. j. Claim submitted by Veronica King for property damage sustained purportedly due to actions of the City on or about April 21, 1992. k. Claim submitted by Rose Marie Goldman for bodily injury sustained purportedly due to actions of the City on or about April 1, 1992. 369 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 2, 1992 - 5:00 P.M. 1. Claim submitted by Roy C. Underwood for property damage sustained purportedly due to actions of the City on or about November 5, 1991. m. Claim submitted by Alice Cole for bodily injury sustained purportedly due to actions of the City on or about February 26, 1992 n. Claim submitted by Andria Calkins for property damage sustained purportedly due to actions of the City on or about February 12, 1992. o. Claim submitted by Adalberto Castro for bodily injury sustained purportedly due to actions of the City on or about December 18, 1991. p. Claim submitted by Helen R. Miller for property damage sustained purportedly due to actions of the City on or about February 10, 1992. Application for leave to present late claim denied: q. Application submitted by Eva A. Leyva for bodily injury sustained purportedly due to actions of the City on or about September 16, 1991. Ala. 105: Receiving and filing minutes of the Community Services Board meeting held April 9, 1992. 105: Receiving and filing minutes of the Senior Citizens Commission meeting held April 9, 1992. 173: Receiving and filing a Notice to customers of proposed rate increase (Application No. 92-05-014 - 1993 Cost of Capital; and Application No. 92-05- 017 - 1993 RD&D Supplemental Funding), filed with the California Public Utilities Commission by Southern California Gas Company. 107: Receiving and filing the Statistical Report Summary ending April 30, 1992, as submitted by the Building Division. 105: Receiving and filing minutes of the Mother Colony House Advisory Board meeting held March 9, 1992. A2. 169: Awarding the contract to the lowest responsive bidder, R.J. Noble Company, in the amount of $572,653.33 for Ball Road Street and Traffic Signal Improvements; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A3. 167: Awarding the contract to the lowest responsive bidder, D. & V Electric, in the amount of $147,700 for New Traffic Signal Installations ~(Orange Avenue/Gilbert Street and Nohl Ranch Road/Canyon Rim Road, and one mid-block pedestrian traffic signal on Wagner Avenue at Katella High School); and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A4. 167: Awarding the contract to the lowest responsive bidder, Federal Communications Contractors, Inc., in the amount of $317,503.80 for Traffic Signal System Fiber Optic Cable Installation - Project One; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. 370 C£ty Hall~ .Sknahe£m~ Cal£forn£& - COUNCIl., MINU'I~S - JUN~ 2, 1992 - 5:00 P.M. AS. 150: Approving a Notice of Completion of the construction of Chaparral Park Security Lighting by Mel Smith Electric, Incorporated, and authorizing the Mayor to sign, and the City Clerk to file said Notice of Completion. A6. 123= Approving State Agreement No. TSM/FCR-5055 Program Supplements No. 004 and 005, and authorizing the Mayor and City Clerk to execute said Program Supplements, relating to Traffic Management Systems. A7. 123: Approving three agreements with Concurrent Computer Corporation, to extend maintenance and support on the 3212 Processor Computer System hardware, the Microthree Processor Computer System hardware, and the Standard System software for Traffic Management System. AS. 150: Approving Contract Change Order No. 1, in favor of Bopark Enterprises, Inc., in the amount of $165,976.86 for the construction of items negotiated with community representatives including an 8-foot high block wall along the west and south property lines, grading revisions, landscape and irrigation improvements and other improvements, at Boysen Park (Boysen Park General Development). AS. 1552 Approving a Negative Declaration in connection with the Traffic Signals Installation Project at three locations= Gilbert Street at Orange Avenue; Wagner Avenue 302' east of Nordica Street (Katella High School - midblock pedestrian taffic signal); and Canyon Rim Road at Nohl Ranch Road. Al0. 123: Approving an Agreement with Willdan Associates for design services for the Master Plan of Drainage for the South Central Area, in an amount not to exceed $115,000. Council Members Simpson and Pickler declared a conflict of interest on this item and therefore did not participate in the decision process. All. 160: Accepting the low bid of Westrux International, in the amount of $39,179 for one 4X2 truck tractor for the bookmobile, in accordance with Bid $5046. Al2. 160: Accepting the bid of Cooper Power Systems, in the amount of $23,915 for one three-phase padmount transformer 1500 KVA, in accordance with Bid $5043. A13. 160: Accepting the bid of Cooper Power Systems, in the amount of $30,350 for one three-phase padmount transformer 2500 KVA, in accordance with Bid $5032. Al4. 123-. Approving a First Amendment to Agreement with Ail City Management Services, Inc., in an amount no~ ~0 exceed $438,144 for pr0vidin~ school 'crossing guard services for one year beginning July 1, 1992, through June 30, 1993, in accordance with Bid $4932. A15. 123: Approving an Agreement with Anaheim City School District to provide Park Ranger patrols of school facilities from July 3, 1992, through June 27, 1993. A16. 1235 Approving an Agreement with Centralia School District to provide Park Ranger patrols for Danbrook Elementary School facility from July 3, 1992, through June 27, 1993. 371 City Hall, An&heimt Californi& - COUNCIL MINUTES - JUNE 2, 1992 - 5:00 P.M. A17. 123= Approving an Agreement with Magnolia School District to provide Park Ranger patrols for Danbrook Elementary School facilities from July 3, 1992, through June 27, 1993. A18. 123: Approving the Second Amendment to Agreement for Environmental Studies for the Adelanto-Lugo Transmission Project with Woodward-Clyde Consultants, Inc., in an amount not to exceed $37,981 (Anaheim's share is $11,546), and authorizing the Mayor to execute said amendment on behalf of the City. Al9. 158: RESOLUTION NO. 92R-104: 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. A20. 156: Receiving and filing the Anaheim Police Department Crime and Clearance Analysis for the month of April, 1992. A21: 129: ORDINANCE NO. 5309 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION 6.40.110 TO CHAPTER 6.40 OF TITLE 6 OF THE ANAHEIM MUNICIPAL CODE RELATING TO CODE ENFORCEMENT (TO ALLOW ENFORCEMENT BY FIRE DEPARTMENT CAPTAINS OF FIREWORKS ORDINANCE) A22. 106: Amending the Resource Allocation Plan of the Community Development Department for Fiscal Year 1991/92 to increase revenues and expenditures in Fund 25 by $591,837 and authorize transfers between departments. A23. 167: Awarding a contract to the lowest responsive bidder, D & V Electric of Pomona, in the amount of $147,500 for Traffic Signal Improvement Modification at six locations; and in the event the iow bidder fails to comply with the terms of the award, authorizing the award to the second low bidder, and waiving any irregularities in the bids of both low and second low bidders. A24. 123: Approving a lease agreement with the Anaheim Union High School District for the use of space at Trident Junior High School at $.56 per square foot ($77,988) for Fiscal Year 1992/93. A25. 123: Approving Program Supplement No. 047, Revision i to State Agreement No. 12-5055 for Seismic Retrofit Program for work on the Tustin Avenue Bridge. A26. 123: Authorizing an amendment to the agreement with the State of California to receive an additional $300,000 of Petroleum Violation Escrow Account funds (PVEA) for the development of the Anaheim Event Communication System Project. A27. 153: Authorizing the expenditure of an amount not to exceed $7,500 from Council Contingency Fund for candidates' interview-related travel expenses associated with the City Treasurer recruitment. Marilyn Hauk, Vice President of AMEA. Relative to this subject, in part it says that, "It is customary to reimburse interview candidates for air and ground transportation, hotel meals and related cost for Executive Management Recruitments". She brings this up because of issues that Sharon Ericson broached and the workshop held earlier today relative to priorities. It is difficult to believe there is a problem in the City when people need to be laid off and there is no money for the Gang and Drug Task Force recommendations when there are items like this before the Council. 372 City H&11· Anaheim~ Californi& - COUNCIL MINUTES - JUNE 2, 1992 - 5:00 P.M. A28. 106: Authorizing an amendment to the 1991/92 Resource Allocation Plan to increase expenditures in Fund 11, Program 790 by $50,000 to provide for increased expenditures from the Sewer Construction Maintenance Fund. A29: 114: Approving the minutes of the regular City Council Meeting held April 7, April 21 and April 28, 1992. A30. 155: Approving a Negative Declaration in connection with the City of Anaheim's Traffic System Management (TSM) Project entitled "Motorist Information and Guidance System for Special Events in the State Route 57 and Interstate 5 Corridors." Roll Call Vote on Resolution No. 92R-104 for adoption~ AYES: NOES: ABSENT: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution No. 92R-104 duly passed and aoopted. End of Consent Calendar. MOTIONS CARRIED. A31. 107.' ORDINANCE REQUIRING PROOF OF STATE LICENSING OF ALL SUBCONTRAcToRs: Adding a new Chapter 15.01 to Title 15 of the Anaheim Municipal Code relating to license requirements of contractors and subcontractors. This matter was continued from the meeting of May 12, 1992 to this date. City Attorney White. Previously submitted to the Council was joint staff report dated May 1, 1992 from the City Attorney/Planning Director/Treasurer regarding the subject. Staff has no recommendation but has presented two alternative ordinances for Council review. One is the ordinance adopted by Santa Aha and Irvine and possibly by other cities (Alternate A). The other ordinance presented is Alternate B, the difference being in the timing of when the information would be required to be submitted to the City relating to the licensing of subcontractors. Alternate A requires the information to be submitted prior to the commencement of any work. Alternate B requires it to be presented prior to occupancy and final building inspections. It is his understanding cities that have adopted Alternate A have found some difficulty with projects in that is often not known at the time the project is commenced who all the subcontractors will be for the later phases of construction. In many cases, cities have not strictly followed the provisions of the ordinance. Staff does not feel it is advantagous to ever adopt an ordinance if they do not intend to strictly construe it and enforce it. This is a policy decision for the Council. Tonight the most the Council could do is to introduce one or both ordinances. Council Member Ehrle. When they recently built, in order to get a Certificate of Occupancy, it was necessary to show the subcontractors. He asked if that process was creating a problem. Joel Fick, Planning Director. When an individual pulls a building permit with the City now, staff provides the contractor, homeowner or developer with a form - a three page list of potential subcontractors. It works well and they have not had a problem internally. It has also worked successfully for Business License. The process they have and are using as a matter of course is similar to the process outlined in the Alternate B Ordinance even though not codified. 373 CitF Hall, Anaheim, California - COUNCIL MINUTES - JUNE 2, 1992 - 5500 P.M. Council Member Ehrle. He was not aware there was a problem; Mr. Fick confirmed that there is no problem. Council Member Daly. He suggested that both Ordinance Alternate A and Alternate B be introduced and that the City Attorney and staff put any concerns in writing to the Council before the Council votes on adoption of one of the alternatives. Council Member Daly offered Ordinance No. 5310 (Alternate A) and 5311 (Alternate B) for first reading. ORDINANCE NO. 5310 {Alternate A}: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW CHAPTER 15.01 TO TITLE 15 OF THE ANAHEIM MUNICIPAL CODE RELATING TO LICENSE REQUIREMENTS OF CONTRACTORS AND SUBCONTRACTORS. ORDINANCE NO. 53!.1. (Alternate B}: AN ORDINANCE OF THE CiTY OF ANAHEIM ADDING NEW CHAPTER 15.01 TO TITLE 15 OF THE ANAHEIM MUNICIPAL CODE RELATING TO LICENSE REQUIREMENTS OF CONTRACTORS AND SUBCONTRACTORS. ITEM B1 FROM THE, ZONING ADMINISTRATOR MEETING OF MAY 14, 1992, DECISION DATE5 MAY 21, 1992 INFORMATION ONLY - APPEAL PERIOD ENDS JUNE 5~ 1992~ B1. 1795 VARIANCE NO. 4171, CATEGORICALLY EXEMPT~ CLASS 5: Owner: Antonio and Hermelina Campos, 709 N. Pauline Street, Anaheim, CA 92805. LOCATION: 709 N. Pauline Street. Property is approximately 0.12 acre, located on the west side of Pauline Street, approximately 125 feet north of the centerline-of Wilhelmina Street. To amend a condition of approval pertaining to recordation of an unsubordinated covenant for occupancy. ACTION TAKEN BY THE ZONING ADMINISTRATOR: APPROVED (ZA92-21) amendment to a condition of approval VARIANCE NO. 4171. END OF THE ZONING ADMINISTRATOR ITEMS. B2. 179: ORDINANCE NO. 5308 FOR ADOPTION: Amending Title 18 to rezone property under 70-71-47(40) located at 2840 E. La Crests Avenue from the RS-A-43,000 zone to the ML zone. WAIVER OF READING - ORDINANCE: The title of the following ordinance was read by the City Clerk. (Ordinance No. 5308) Council Member Hunter moved to waive the reading in full of the ordinance. Council Member Pickler seconded the motion. MOTION CARRIED. Council Member Pickler offered Ordinance No. 5308 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5308: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING 70-71-47(40). Roll Call Vote on Ordinance No. 5308 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter COUNCIL MEMBERS: None COUNCIL MEMBERS: None 374 C£t¥ Hall~ Anahe£m~ 'Cal£forn£a - COUNCIL MINUTES - JUNE 2~ 1992 - 5:00 P.M. The Mayor declared Ordinance No. 5308 duly passed and adopted. B3. 179: REQUEST FOR REHEARING - CONDITIONAL USE PERMIT NO. 3201 AND NEGATIVE DECLARATION, REQUEST TO AMEND CONDITIONS OF APPROVAL: Requested by: A.P. Mowlavi, CEMA Market, 221 South Magnolia, No. H, Anaheim, CA 92804. The business is located at 221 South Magnolia Avenue, the CEMA Market. The petitioner had requested amendment to paragraph (b) of Condition No. 2 of Resolution No. 89R-433 of Conditional Use Permit No. 3201, that beer and wine may be sold at subject convenience market for off-premises consumption only. Conditional Use Permit No. 3201 permits a 1,620 square foot convenience market (specialty grocery store) in an existing commercial retail center. A public hearing was held before the Council on April 28, 1992 and the City Council unanimously denied the requested amendment to conditions of approval. MOTION: Council Member Pickler moved to deny the request for a rehearing on Conditional Use Permit No. 3201, amendment to conditions of approval. Council Member Hunter seconded the motion. MOTION CARRIED. B4. 179: ORDINANCE NO. 5312 FOR INTRODUCTION: Amending Title 18 to rezone property under Reclassification No. 91-92-16 located at 113-215 South Atchison Street and 615 East Broadway from the ML zone to the RS-5000 zone. Council Member Ehrle offered Ordinance No. 5312 for first reading. ORDINANCE NO. 5312: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclassification No. 91-92-16 located at 113-215 South Atchison Street and 615 East Broadway) Cl. 108: 5:00 P.M. HEARING - HAMPTON INN - AUDIT NO. 91090: Hearing requested by: W.R. Traylor, Director, Property and Sales Tax Department, Promus Companies Incorporated, 1023 Cherry Road, Memphis, Tennessee 38117. The hearing is to consider the appeal of the penalties findings for the Hampton Inn - Audit No. 91090, as requested by the petitioner. At their meeting of April 7, 1992, the City Council determined that this item would be heard by the City Council and subsequently a hearing set for this date. Submitted was report dated May 28, 1992 from the City Treasurer, Mary Turner recommending that the Council deny the request from Hampton Inn to waive penalties associated with Audit No. 91090. City Attorney White. This is a hearing only as to the penalties which were imposed as a result of City Audit No. 91090. Any waiver of penalties requires a 4/5tbs vote of the Council upon a finding that such a waiver either in whole or in part is necessary to avoid a substantial injustice to the operator. City Treasurer, Mary Turner. She briefed her staff report of May 28, 1992. The penalties findings are a result of the motel remitting the taxes collected on a fiscal month rather than a calendar month as required under the ordinance. Hampton Inn has remitted payment of the tax ($342.84) and interest ($485.36) but has requested that the Council consider abatement of the penalties portion. There are several hotels in Anaheim who maintain their accounting records on a fiscal month basis but have no difficulty in reporting 375 City Hall. Anaheim,' California - COUNCIL MINUTES - JUNE 2, 1992 - 5=00 P.M. on a calendar month as required. Relieving the operator of the penalties due would render meaningless timely reporting requirements. Additionally, imposing the penalty provision is necessary to uphold the integrity of the ordinance and avoid sending a message to hotel operators that the ordinance can be ignored without consequences. Staff continues to recommend denial. City Attorney White then answered questions posed by the Mayor regarding the amount of penalties due and how that figure was arrived at. Mayor Hunter then asked to hear from a representative of the Hampton Inn. Mike Fannon, Promus Company, 1023 Cherry Road, Memphis, Tennessee. Their company operates the Hampton Inn. They take issue with the penalties imposed. They had discovered in January, 1991 that they were in violation of the ordinance. At that time, they corrected their reporting (he thereupon submitted data to the Council covering their accounting calendar from 1988 to 1991 -made a part of the record). They did discover in January, 1991 they were reporting wrong and corrected it at that time. For the audit period December 1, 1988 through October 31, 1991, they reported to the City some $439,000 in occupancy taxes. The auditor found an error made of only $343. They were basically in compliance but based on their accounting period, there were a couple of days each month that lapsed over. It is possible they could have reported a month early, but it did not happen. In his department, they file some 300 occupancy tax rates a month. The City of Anaheim is the only one that does not allow them to report on a fiscal bas is. Mr. Fannon then answered questions posed by Council Member Daly. Mrs. Turner then clarified for Council Member Pickler that Mr. Fannon is saying most all cities he is involved with in a business relationship allow him to choose his calendar month. The ordinances that she has reviewed in the State of California, some of the cities are going to a two-week reporting system whereby they would be reporting their TOT and remitting it on a two- week basis. She knows of no ordinance that allows a company to choose their own accounting period. Mike Fannon. The State of California and State Board of equalization will upon special request allow reporting on an accounting cycle or an accounting basis. The hearing was closed. MOTION: Council Member Ehrle noted that under the ordinance which will shortly be going into effect, the Council will no longer be hearing such cases. In this case, he is going to be consistent and support the recommendation of staff. He thereupon moved to deny the appeal of the penalties findings for the Hampton Inn Audit No. 91090 and that the penalties are to be paid to the City. Council Member Pickler seconded the motion. MOTION CARRIED. 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. 376 C£t¥ Hall~ Anshe£m~ Cal£fornia - COUNCIL NINUT~ - ~ 2, 1992 - 5~00 P.M. Those testifying were requested to stand by the City Clerk and asked to raise their right hand. The oath was then given. D1. 179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3465 AND NEGATIVE DECLARATION .: OWNER: Timothy J. and Cathleen A. O'Neill, 3100 E. Birch, Brea, CA 92621. LOCATION/REQUEST: The property is located at 1420 N. Lemon Street. Property is approximately 1.13 acre located at the northeast corner of Lemon Street and the Riverside (91) Freeway. The request is to permit an automobile repair center with waiver of minimum structural setback. ACTION TAKEN By THE PLANNING COMMISSION: CUP NO. 3465 DENIED (PC92-35) due to traffic visibility constraints (6 yes votes, i absent). Waiver of code requirement DENIED Denied Negative Declaration. ..H...E.ARING SET ON: A letter of appeal of the Planning Commission's decision was submitted by John J. Dee, Law offices of Sullivan, Workman and Dee, on behalf of the owners, Timothy J. and Cathleen A. O'Neill and continued from the meeting of May 5, 1992 to this date. pUBLIC NOTI. C.E REQUIREMENTS MET BY: Publication in Anaheim Bulletin - April 23, 1992 Mailing to property owners within 300 feet - April 23, 1992 Posting of property - April 24, 1992 PLANNING STAFF INPUT: See staff report to the Planning Commission dated March 23, 1992. City Clerk $ohl announced that a request was received today from Mr. Tim O'Neil that the hearing again be continued to July 16, 1992. Mayor Hunter. He asked if anyone was present to speak on this item; there was no response. Council Member Pickler. He noted that the request for continuance indicated that they were attempting to negotiate a resolution of the matter with the Traffic Engineer and the Planning Department. John Lower, Traffic & Transportation Manager. He clarified that they have not heard from the applicant and the department made their position very clear. Answering Council Member Pickler relative to whether or not the Council can deny the request for continuance, City Attorney White stated if there were a ,number of people present wishin~ to testif~ he would re¢ommen~ council take the testimony. However, if the applicant and attorney are not present even though the matter was continued once before, he would recommend that the Council continue it again. (No one was present on either side. ) By General Consent the Council continued the public hearing on Conditional Use Permit No. 3465 to Tuesday, June 16, 1991. D2. 179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3417 AND NEGATIVE DECLARATION ( PREV. APPROVED }: OWNER: Assaf George Cassis and Nazareth Cassis, 413 Sharon Road, Arcadia, CA 91007. 377 City Rallt Anaheim, California - COUNCIL MINUTES - JUNE 2, !992 - 5:00 P.M. AGENT= Sim C. Hoffman, M.D., 585 South Knott Avenue, Anaheim, CA 92804. LOCATION/REQUEST: The property is located at 546-595 S. Knott Street and is approximately 0.68 acre located at the northwest corner of Knott Street and Orange Avenue. The request is to amend or delete conditions of approval pertaining to the time limitation and permitted days of operation of a previously-approved mobile medical unit within an existing medical complex. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3417 DENIED (PC92-46) (6 yes votes, 1 absent). Approved Negative Declaration (5 yes votes, I no vote, and I absent). HEARING SET ON: A letter of appeal of the Planning Commission's decision was submitted by the agent, Sim C. Hoffman, M.D., and continued from the meeting of May 12, 1992 to this date. .PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - April 30, 1992 Mailing to property owners within 300 feet - April 29, 1992 Posting of property - May 1, 1992 PLANNING STAFF INPUT= See staff report to the Planning Commission dated April 6, 1992. APPLICANT OR AGENTs Dr. Sim Hoffman. He first gave the background on how he established his practice starting in 1986, the type of practice and also discussed some of the things he has done since he was denied by the Planning Commission. He stated he has a niche in the Community and one of the things he can provide is a lower price for the MRI examination which takes place in the mobile unit. A graph which was displayed on the Chamber wall listed prices for.the examination at several facilities in the area with Advanced Professional Imaging (Dr. Hoffman's practice) being the lowest. A graph also showed a page of the petition that was submitted seeking approval of the CUP. Relative to the mobile unit, only in 1990 did they have problems or complaints that were made. They were not aware of the concerns. The City informed them they needed a temporary use permit and they proceeded to get that permit. In April, because of the number of referrals they tried to increase the number of days as well as continue the use permit. To their surprise, four people had written letters opDosin~ the unit b~cau~e it wa~ too noisy. ~tw~n April ~nd ~h~ present, he had a noise analysis done by a congulting engineering firm, the results of which were previously submitted. He clarified for Council Member Pickler that the unit is and has been in operation only one day a week and he would like to increase that to two days a week. City Attorney White interjected and clarified that tonight's hearing is on the application to amend the existing permit to increase the operation to two days a week, not to take away the one day a week which is the present practice. Annika Santalahti, Zoning Administrator. Their approval one year ago was until June 3, 1992. If the Council denies the request in its entirety, they must cease and desist the operation tomorrow. If the Council wants to continue the operation the way it was 378 City llall~ Anahe:i.m~ Cal£forn£a - COUNCIL MINU'I~$ - JUNE 2~ 1992 - 5:00 P.M. originally approved, they could amend Condition No. 11 to allow the business to continue to June 3, 1993 or could delete the time constraint or add a second day onto the one day. Dr. Hoffman. It was found as a result of the noise evaluation the air conditioning for the unit was making noise. He was under the assumption that the noise was within the legal limits but it was found to be higher. He then had a barrier/partition constructed placed between the air conditioner and the apartment house wall. (A posted graph showed the noise reduction partition constructed with noise absorbing material. ) The last page of the report from the consulting engineers, Mestre Greve Associates, is an addendum including the installation of the sound barrier concluding that it can reduce the noise below the ambient level so that it is not a major factor to the people next door. It was used one day and it did reduce the noise. Annika Santalahti. Staff has the addendum now, but received it either yesterday or today and have not had an opportunity to look at it in any depth. Dr. Hoffman. Besides the noise reduction barrier, he has attempted to talk to the people in the apartment house but they have been unwilling to talk to him. He has talked to the manager who has always been supportive. He has also evaluated the parking situation. They did a parking study initially. They have a variance on parking. They continued doing a modified parking evaluation from the time they were denied in April to now. There have always been enough parking spaces. He submitted pictures showing the parking lot and the spaces available at the sight between 10:00 a.m. and 12=00 noon. There is more than adequate parking. His staff parks off site. He is requesting a minimum of six months if not longer at one day a week to see if the things he has done can keep the neighbors happy and comply with all State and Local Standards. Mayor Hunter opened the public hearing and asked to hear from those who wished to speak. Nazareth Caesie. She is the landlord of the property. She purchased the property in 1984. At that time, the building was empty and there were a lot of problems with the apartment using their parking lot for parties and to park their cars. She has been trying hard to develop the property. She was fortunate to find Dr. Hoffman as a tenant who has helped her in leasing out three spaces. She prefers to lease to businesses such as Dr. Hoffman's rather than other more intense uses. The persons that are complaining are renters on a month-to-month basis.. Her tenant has a long-term lease and she is the property owner who pays taxes. She urges the Council to consider the matter favorably. There being no further persons who wished to speak; Mayor Hunter closed the public hearing. Council Member Pickler asked if there had been opposition. Annika Santalahti. There were about three people at the Planning Commission hearing and at the original hearings there were people as well. The unit is approximately 30-feet from the apartments. 379 City Hall, Anaheim, Calif. ornia - COUNCIL MINUTES - JUNE 2, 1992 - 5:00 P.M. City Attorney White. Some letters of opposition have been submitted and made a part of the record. Council Member Pickler. He is familiar with the area and has visited it many times. Dr. Hoffman is requesting a trial period of six months still at one day a week. He agrees with that and it will give an opportunity to see what the experience is. Perhaps they can then approve the two days a week once the trial period is over. It is a service that is needed in the community and there is no opposition present today. Mayor Hunter felt that one year would be appropriate. City Attorney White. The applicant has agreed to limit the use of the unit to one day a week to see if the sound buffering measures are adequate and if there is no problem to later come back and request the additional day. Dr. Hoffman. He would like to have the City Planner satisfied. He does not know if he can keep everybody happy. If they can operate for six months with no problems or with some type of review by the Planners then maybe he can get two days. Council Member Pickler asked staff if that was something they could live with; Annika Santalahti. One year sounds better than six months. The other thing they will be looking at as well is the parking situation on the day the unit is there. Spaces are made inaccessible by the unit. Staff will also be looking at that during the one year. Joel Fick, Planning Director. The noise report that was submitted dated May 29, 1992 indicates the noise level was reduced 12db at the property line with the new sound buffering device that was proposed. That is something that is a new technique that has not been in place. City Attorney White. If Council approves amending conditions allowing one day a week for a year subject to the sound buffering mechanism, there is nothing that would prevent him coming in prior to the end of that year and filing. application to add another day and going to the Planning Commission to get that. Mr. Fick clarified that at the end of the one year period it could be reviewed by the Planning Commission rather than the Council. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Hun~er, se¢on~e~ by ¢oun¢£1 Member Ehrle, 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. MOTION CARRIED. WAIVER OF READING - RESOLUTION.- The title of the following resolution was read by the City Clerk. (Resolution No. 92R-105) Council Member Hunter moved to waive the reading in full of the resolution. Council Member Ehrle seconded the motion. MOTION CARRIED. Council Member Hunter offered Resolution No. 92R-105 for adoption, amending conditions of approval on Conditional Use Permit No. 3417 that approval is for one year with the mobile unit to be operated one day a week including the 38O City Hall, Anaheim, Cal£forn£a - COUNCIL MINUTES - JUNE 2, 1992 - 5=00 sound buffering mechanism and at the end of the one-year period that the matter is to be heard before the Planning Commission and not the City Council. Refer to Resolution Book. RESOLUTION NO. 92R-105: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 3417 AND AMENDING RESOLUTION NO. PC91-74. Roll Call Vote on Resolution No. 92R-105 for adoptions AYES: NOES: ABSENT: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution No. 92R-105 duly passed and adopted. D3/D4/D5. 175: CONTINUED pUBLIC HEARINGS: ITeM D4 - CR_~ATING UNDERGROUND DISTRICT NO. $ - COMMERCIAL/RECREATION A~_~A (CR A~A); ITeM D5 - CR_~ATINC- UNDERGROUND D~STRICT NO. 4 - LA P ~AL_MA AVENUE (PHASE 1), TUST!N AND LA~_~VIEW. .CRITICAL INTERSECTIONS; ITEM D6 - CREATING UNDERGROUND DISTRICT NO. 5 - BEACH/LINCOLN (SUPER STREET}: CONTINUED pUBLIC HEARING - CREATING UNDERGROUND DISTRICT NO. 3 - COMMERCIAL/RECREATION AREA ( CR AREA ) ~ Underground District No. 3 is being created to provide for the undergrounding of all overhead utilities to take place in accordance with the Public Utilities Department's Conversion Program Five-Year Plan which was approved for FY 1991-92 by the Public Utilities Board on December 5, 1992, and the City Council on January 7, 1992. UNDERGROUND DISTRICT NO. 3 - LOCATIONs Harbor Boulevard south of Katella Avenue to Chapman Avenue, and West Street south of Katella Avenue to Convention Way. The public hearing was continued from the meeting of May 19, 1992 to this date. PUBLIC NOTICE REOUIREMENTS MET BY: Publication in Anaheim Bulletin - May 7, 1992 Mailing to property owners within 300 feet - May 6, 1992 Posting of property- May 8, 1992 .STAFF INPUT: Submitted was report dated May 14, 1992 from the Public Utilities General Manager, Ed Aghjayan recommending approval of creation of Underground District No. 3. Council Members Simpson and Pickler declared a conflict of interest on this item and temporarily left the Council Chamber. (7:05 p.m. ) City Attorney White. It will be necessary in connection with this item under the provisions of the City Charter for all three remaining Council Members to vote the same way in order to adopt the resolution, since Council Members Simpson and Pickler have declared a conflict. Ed Aghjayan, Public Utilities General Manager. The three staff reports describe the districts which are before the Council today for approval per the plan that has been approved by the Public Utilities Board and the City Council. If there are any questions staff is present to answer them. 381 C£t¥ Hall~ Anahe£sa, Cal£forn£a - COUNCIL NINUTE~ - JUNE 2~ 1992 - 5~00 P.M. Council Member Ehrle. He is pleased that they are moving forward on the Underground Districts; Council Member Daly. He congratulated the Public Utilities Department on the work they have done in bringing forth the Underground Districts. Mayor Hunter opened the hearing and asked to hear from anyone who wished to speak; there being no response he closed the public hearing. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 92R-106) Council Member Hunter moved to waive the reading in full of the resolution. Council Member Daly seconded the motion. Council Members Simpson and Pickler were temporarily absent. MOTION CARRIED. Council Member Hunter offered Resolution No. 92R-106 for adoption, creating Underground District No. 3 (CR Area). Refer to Resolution Book. RESOLUTION NO. 92R-106: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CREATING UNDERGROUND DISTRICT NO. 3 (CR Area-Phase 1). Roll Call vote on Resolution No. 92R-106 for adoption: AYES: COUNCIL MEMBERS: Ehrle, Daly and Hunter NOES: COUNCIL MEMBERS: None TEMPORARILY ABSENT: COUNCIL MEMBERS: Simpson and Pickler ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 92R-106 duly passed and adopted. Council Members Pickler and Simpson returned to the Council Chamber. (7:10 p.m.) CONTINUED PUBLIC HEARING - CREATING UNDERGROUND DISTRICT NO. 4 - LA PALMA AVENUE (PHASE 1), TUSTIN AND LAKEVIEW CRITIC_AL_ INTERSECTIONS: Underground District No. 4 is being created to provide for the undergrounding of all overhead utilities to take place in accordance with the Public Utilities Department's Conversion Program Five-Year Plan which was approved for FY 1991-92 by the Public Utilities Board on December 5, 1992, and the City Council on January 7, 1992. ONDEROROUND DIST~ICTNO. 4 - LOCATION~ Tustin Avenue from 800 feet south of La Palma Avenue to 1100 feet north of La Palma Avenue and La Palma Avenue from 1150 feet west of Tustin Avenue to 730 feet east of Tustin Avenue; and Lakeview Avenue from 100 feet south of La Palma Avenue to 1125 feet north of La Palma Avenue and La Palma Avenue from 890 feet west of Lakeview Avenue to 1705 east of Lakeview Avenue, It was continued from the meeting of May 19, 1992 to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - May 7, 1992 Mailing to property owners within 300 feet - May 6, 1992 Posting of property - May 8, 1992 STAFF INPUT: Submitted was report dated May 14, 1992 from the Public Utilities General Manager, Ed Aghjayan recommending approval of creation of Underground District No. 4. 382 .C.:i. ty Hallr Anahe~utr Cal£forn£a - COUNCIL MINUTES - JUNE 2r 1992 - 5:00 P.M. Mayor Hunter opened the public hearing and asked to hear from anyone who wished to speak; there being no response he closed the public hearing. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 92R-107) Council Member Hunter moved to waive the reading in full of the resolution. Council Member Pickler seconded the motion. MOTION CARRIED. Council Member Hunter offered Resolution No. 92R-107 for adoption, creating Underground District No. 4 (La Palina Avenue, Tustin and Lakeview Critical Intersections). Refer to Resolution Book. RESOLUTION NO. 92R-107: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CREATING UNDERGROUND DISTRICT NO. 4 (La Palma Avenue, Tustin and Lakeview Critical Intersections). Roll Ca1! vote on Resolution No. 92R-107 for &doptionz AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 92R-107 duly passed and adopted. CONTINUED PUBLIC HEARING - CREATING UNDERGROUND DISTRICT NO. 5 - BEACH/LINCOLN ~ SUPER STREET): Underground District No. 5 is being created to provide for the undergrounding of all overhead utilities to take place in accordance with the Public Utilities Department's Conversion Program Five-Year which was approved for FY 1991-92 by the Public Utilities Board on December 5, 1992, and the City Council on January 7, 1992. UNDERGRO~ DISTRICT NO. 5 - LOCATION: Beach Boulevard from the Carbon Creek Channel north to the North City Limit; and the intersection of Lincoln Avenue and Beach Boulevard from 600 feet west of Beach Boulevard, to 600 feet east of the intersection. It was continued from the meeting of May 19, 1992 to this date. PUBLIC NOTICE REQUIREMENTS M~T BY: Publication in Anaheim Bulletin - May 7, 1992 Mailing to property owners within 300 feet - May 6, 1992 Posting of property - May 8, 1992 S. TAFF INPUT: Submitted was report dated May 14, 1992 from the Public Utilities General Manager, Ed Aghjayan recommending appr0v~l O~ cre~10~ of ~nderg~ound District No. 5. Mayor Hunter opened the public hearing and asked to hear from anyone who wished to speak; there being no response he closed the public hearing. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 92R-108) Council Member Hunter moved to waive the reading in full of the resolution. Council Member Pickler seconded the motion. MOTION CARRIED. 383 ¢£t¥ Ha11~ ~aheim~ ~al£fornia - COUNCIL NINU'I~$ - ~ 2~ 1992 - 5~00 P.N. Council Member Hunter offered Resolution No. 92R-108 for adoption, creating Underground District No. 5 (Beach/Lincoln - Super Street). Refer to Resolution Book. RESOLUTION NO. 92R-108: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CREATING UNDERGROUND DISTRICT NO. 5 (Beach/Lincoln). Roll Call Vote on Resolution No. 92R-108 for adoption: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 92R-108 duly passed and adopted. .D6. 179: PUBLIC HEARING - AMUSEMENT ARCADE NO. 1014: Requested by: Mike Min-Hung Chung, 510 South Beach Boulevard, Anaheim, CA 92804. The location is at 510 South Beach Boulevard. To permit and retain up to 50 amusement arcade devices. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Approved by the Zoning Administrator (ZA92-21). Review of the Planning Commission's decision requested at the meeting of 4/28/92, Item B10. Mr. Mike Chung owner of the business. He is present to answer questions. Mayor Hunter asked if there had been any problems and did the Police have to go to his business. Mr. Chung. The Police were there one time because there was a robbery at the arcade. The business has been open for one year. Last year, they only got a permit for one year. Two City Council Members asked for a hearing and that is why he is present. Joel Fick, Planning Director. He confirmed that there have been no problems or complaints on record relative to the business. City Attorney White. Answering Council Member Pickler, this is not under a CUP but an amusement device permit. The code provides it is incumbent upon the City to approve the permit unless there is evidence that approval would be contrary to the peace, health, safety and general welfare or violates other provisions of the code. The business has been in operation for a year. The Council placed a one-year time limit on the arcade and that is why it is back. Council Member Pickler. If they placed an unconditional approval on the business, he assumes the Council cannot do anything. City Attorney White. The Council can do several things. Approve it and limit the time again for another year or whatever period Council feels appropriate, or they can approve it without any time limitation. If they do so, there are provisions in the code if the business is operated in manner that is detrimental to the peace, health, safety and general welfare, that it can be revoked. Mayor Hunter asked if anyone wished to speak either in favor or in opposition; there being no response he closed the public hearing. 384 City Hall~ Anahe£a~ 'Californ£a - COUNCIl., MINOTES - ,lUNg 2~ 1992 - 5:00 P.M. MOTION: Council Member Pickler moved to approve Amusement Arcade No. 1014 unconditionally with no time limitation. Council Member Hunter seconded the mot ion. MOTION CARRIED. D7. 179: PUBLIC HEARING - WAIVER OF CODE RRQUIB~M~NT CONDITION~n USE PERMIT NO. 3515 AND NEGATIVE DECLARATION: OWNER: Standard Brands Realty Co., 4300 W. 190th Street, Torrance, CA 90509. AGENT: Ed Gentile, 314 S. Brookhurst, Ste. $110, Anaheim, CA 92804. LOCATION/REQUEST: The property is located at 2141 West Lincoln Avenue and is approximately 1.19 acres located on the north side of Lincoln Avgnue and approximately 218 feet east of the centerline of Lindsay Street. The request is to permit a 4,956 square-foot church with caretaker's living quarters with waiver of required setback adjacent to single-family residential zones. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3515 GRANTED (PC92-53) (7 yes votes). Waiver of code requirement APPROVED. 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 May 12, 1992 and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - May 21, 1992 Mailing to property owners within 300 feet - May 21, 1992 Posting of property - May 22, 1992 PLANNING STAFF INPUT: See staff report to the Planning Commission dated April 20, 1992. APPL!CANT' S/AGKN~ STATEMENT z Ed Gentile, 220 S. Mall Way, Anaheim. He first showed slides of four other facilities in order to illustrate the typical design of the churches. One of the slides also showed the interior. They feel that the benefits that will accrue to the immediate neighbor are obvious. There will be additional security and stability. There will be a 24 hour caretaker on the premises at all times. The property will be properly lighted and it will have a tendency to discourage the criminal element. He also has a business office at 314 S. Brookhurst. He is not only the agent, but a potential user. He then deferred to Richard Castro who will give details on the project. Richard castro, 1240 Brookhurst Street, Anaheim, Building Committee Chairman. He has been associated with Jehovah Witnesses for 37 years. There is a need to consider 300 members which entails three congregations presently traveling to Fullerton. It is their concern to build in an area to take care of their needs on a local level. This is an area that would serve all 300 members. He then introduced Jerry Smiley, their architect/designer to present what was presented to the Planning Commission. The Commission made suggestions and recommendations which they followed to the letter, and also to remedy concerns expressed by residents. 385 City Hall, Anaheim,' California - COUNCIL MINUTES - JUNE 2, 1992 - 5~00 P.M. Jerry Smiley, Architect/Designer. There are upgraded plans which the Planning Commission and Planning Department have seen. The posted plan (PLOT PLAN) is what they approved. The property is behind Standard Brand Paints. They are going to move the driveway so that it conforms with codes. There will be electric gates that will be closed except during operating hours. There are 64 parking stalls. A concern expressed by Planning related to access for Fire and trash trucks. He showed how both would be accommodated under the plan. They had asked for zero set back because that was what was already there. The Planning Department recommended 3-feet all the way along the length of property which he pointed to from the Plot Plan and they agreed with that. The Planning Commission decided to go 8-feet all the way along. Because there is a zone change between one side of the wall and the other being residential, 10-feet is required. They are asking for 8-feet or a variance of 2-feet. It is a small variance but it affects three car spaces. That is the only variance they are requesting. The more they study the location, the more it lends itself to be ideal for their purposes. The neighborhood will be happy the use is going to be a church. They do not have a yearly carnival in the parking lot, there will be no social events, wedding receptions will not be held at the facility, there are no kitchen facilities, the caretakers will be watching the property. It is a winning situation for everyone including surrounding properties. They are only asking for the 8-foot variance and would like a unanimous approval by the Council. Mayor Hunter opened the public hearing and asked to hear from anyone who wished to speak. PUBLIC DISCUSSION IN SUPPORTs Tamara Martin, Archer Street. She is very concerned with her neighborhood and deterioration in the area. This is a very good place to have a church. She would like to see more of these buildings in the area. She urges approval of the project. David Harper, Architect. He has looked at the plans. He is aware of the Kingdom Hall Buildings that have been built. For an interior lot such as this, he recommends that the Council give it positive consideration. It is the ideal use for the property. Colleen Stephenson, 406 S. Archer Street. Speaking to the highest and best use for the property, this would be an enhancement rather than to keep it vacant. It would be positive for the community. There being no further persons who wished to speak either in favor or in opposition, Mayor Hunter closed the public hearing. Council Member Pickler. The reason he set the matter, the project was proposed in what is a commercial area. Talking about 300 families and 200 people, he wants to be sure there is enough parking. Standard Brands is open on Saturday, Sunday and during the week. He also wants to be sure that they do not start any schools and to have some assurance that this is precluded from happening. Otherwise most of his concerns have been answered. Joel Fick, Planning Director. The number of spaces proposed with the plan, since the plan is approved with substantial conformance, they would have to 386 City Hall, Anaheia, Cal£fornia - COUNCIL MINUTES - JUNE 2, 1992 - $500 P.M. initially construct and maintain all of the spaces on site. Relative to the concern about a school, there is no school proposed in conjunction with the application. Jerry Smiley. They have a school that is one of the evening meetings that last one hour per week. He confirmed there will be no schools during the day. Council Member Daly. The property will now have a small "forest" of trees which will be beneficial to the whole neighborhood. Jerry Smiley. The Planning Commission recommended a lot of greenery along that strip and they concurred. It is their hope eventually to get a hedge or row of trees above the 6-foot wall. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION= On motion by Council Member Hunter, 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. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 92R-109) Council Member Hunter moved to waive the reading in full of the resolution. Council Member Simpson seconded the motion. MOTION CARRIED. Council Member Hunter offered Resolution No. 92R-109 for adoption, granting Conditional Use Permit No. 3515. Refer to Resolution Book. RESOLUTION NO. 92R-109: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3515. Roll Call Vote on Resolution No. 92R-109 for adoptions AYES: NOES: ABSENT: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution No. 92R-109 duly passed and adopted. D8. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3081 AND CONDITIONA?. USE PERMIT NO. 3420 AND NEGATIVE DECLARATION: OWNERS~ Dong Soon Park and Byung Hwan Park, 8142 Artesia Street, NO, 14, Buena Park, CA AGENTs Rick Blake and Associates, Attn: Kristine Proctor, 10th Floor, 2700 North Main Street, Santa Ana, CA 92701. The property is located at 1523 W. Katella Avenue and is approximately 0.57 acre located at the Northeast corner of Katella Avenue and Bayless Street. The request is to amend conditions of approval pertaining to permitted hours of operation and sales of alcoholic beverages within a previously-approved convenience market. ACTION TAKEN BY THE ~LANNING COMMISSION: CUP NO. 3081 DENIED and CUP NO. 3420 DENIED (PC92-55) (7 yes votes). Approved Negative Declaration. 387 City Hall r Anaheimr California - COUNCIL MINUTES - JUNE 2~ 1992 - 5:00 P.M. HEARING SET ON: A letter of appeal of the Planning Commission's decision was submitted by the Agent, Rick Blake and Associates, on behalf of the owners and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - May 21, 1992 Mailing to property owners within 300 feet - May 21, 1992 Posting of property - May 22, 1992 PLANNING STAFF INPUT: See staff report to the Planning Commission dated April 20, 1992. APPLICANT/AGENT'S STATEMENT t Rick Blake, Attorney, 2700 N. Main Street, Santa Ana, representing the applicant. The location operates as a small market in an area along Katella and presently serves the neighborhood that surrounds it. It is not a location that attracts a lot of transient traffic. The market was constructed in late 1991. Originally the CUP excluded the sale of alcoholic beverages and limited hours of operation. Since the business started, there have been a significant number of requests by customers for the addition of the sale of beer and wine. Currently it is difficult to attract customers without offering the sale of beer and wine. Customers tend to patronize markets that offer not only stable items but also beer and wine. If they do not have beer and wine, the sale of all items suffers. The applicant has submitted a petition from a number of people who do support the request (previously made a part of the record). They are willing to agree to a condition that the sales area for the sale of beer and wine will not exceed 15% of the retail sales area. They are simply trying to add beer and wine as an accessory item. They believe there will be no adverse impact on the area or the residents. There have been no problems at the location. The staff report makes reference to a couple of Police incidents. Those did not involve the subject location. There will be no change in the operation other than the addition of beer and wine. A one-hour addition to operating hours has also been requested (7:00 a.m. to 10:00 p.m. - currently 9:00 p.m. ). Those persons attending the Planning Commission meeting who had objections to the beer and wine indicated no objection to the extended hours. The Planning Commission still denied the request without any reason he is aware of. There will be impact on traffic. It is primarily a neighborhood market. There is ample parking. There are other nighttime businesses in the area. It is consistent with the General Plan. The sale of beer and wine is a permitted use. PUBLIC DISCUSSION - IN FAVOR Marco Rosas, 1530 W. Holgate, Anaheim. He lives immediately behind the market. He does not see any problem if the market sells beer and wine. It is a quiet area. There are no problems around the market or the area. It will be very convenient for him, for his friends and all the neighborhood to have beer and wine sold at the market. They do not want to go far away and would not have to use their car but can walk to the market. 388 C£t¥ Hall~ Anahe~ Cal£forn£a - COUNCIL MINOTES - JUNE 2~ 1992 - 5~00 P.M. Mary Hong, 1525 W. Trenton Place, Anaheim. She is supporting Mr. Park's market to have beer and wine. She can walk to the market. It is a nice quiet place. If she has visitors, she does not have to drive far to buy beer and wine. It is a good idea. PUBLIC DISCUSSION - IN OPPOSITION: Michael Hawkins. He lives directly across the street at 1775 Bayless and has for 6 years. He has a three-year-old son and a four-year-old daughter. They frequently play out in the front yard. They are opposed to the convenience market and were told at the time they would not put in a convenience market. He has watched them progressively proceed to what he feels is their ultimate objective, a liquor store. The traffic through their neighborhood has increased already. There are already two stores that sell liquor in close proximity as well as others. It is a diverse neighborhood with older people, younger people, renters and homeowners. As a homeowner, he is very concerned about the element they would encourage because of a liquor store in the neighborhood. It would not serve the City of Anaheim or the community anymore than what they presently have. It is a neighborhood convenience market and would only further deteriorate the neighborhood. It is a good family neighborhood and a liquor store would not help at all. Don Delucas, 1515 W. Holgate, Anaheim. They were told in the beginning this was going to be a professional type building and now they have a convenience store, martial arts, people hanging around that should not be there. The store has already been robbed, the Temple has been robbed twice. They do not need it and Anaheim does not need it. There are liquor suppliers to the left and right. They do not need any more. Ambrose Robinson, 1771 Bayless, Anaheim. He is in opposition to any alcohol at the location because they have been "led down the path". Before the building was built, it was agreed there would be no convenience market, fast food or an arcade. He would like to ask the City Attorney if a condition is made and agreed to, is that not a contract. City Attorney White. He answered no. The condition imposed on the original permit can be requested for amendment b~ the applicant or the City can initiate proceedings to amend conditions. That is why this has been scheduled for a public hearing tonight. The request is to amend that original condition. It is not in the nature of a contract. He then answered questions posed by Council Member Pickler on what was allowed under the Conditional Use Permits granted the business. Conditional Use Permit No. 3420 granted the convenience market with a condition that no alcoholic beverages would be sold and Conditional Use Permit No. 3081 granted the commercial retail center limiting the hours of operation from 7:00 a.m. to 9:00 p.m. The applicant is seeking amendment to these conditions. There is no contractual agreement by the City or the applicant that forever more he is prohibited from asking. It is up to the Council whether one is appropriate. 389 City' Ball, Anaheim~ 'Cal£forn£a - COUNC:]:~ M:I:NUTS$ - ,YUNB 2, 1992 - 5 ~00 P.M. Rick Blake. The initial plan was to go in without alcohol. They cannot financially make it without beer and wine. It is not so much the loss of alcohol sales, but the loss of all the other items when people go some place else where they can buy everything at once. They have shown they can operate as a market. They have not created problems, traffic or litter. They are now asking for one more piece and asking that they be allowed to prove themselves on that. A change in plans is a very normal business happening. People in the area have signed a petition that they would like it. There being no further persons who wished to speak, Mayor Hunter closed the public hearing. Council Member Ehrle. He believes it would be detrimental to the peace, health and safety of the neighborhood to provide alcoholic beverages at the market. It was originally approved without the sale of beer and wine. It is adjacent to a church. The neighborhood has spoken, they do not want another store that sells alcohol in their neighborhood. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Ehrle, seconded by Council Member Daly, 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. MOTION'CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 92R-110) Council Member Ehrle moved to waive the reading in full of the resolution. Council Member Daly seconded the motion. MOTION CARRIED. Council Member Ehrle offered Resolution No. 92R-110 for adoption, denying amendments to certain conditions of approval in Conditional Use Permits Nos. 3081 and 3420 as approved by Resolutions Nos. PC88-303, PC91-87 and PC91-88. Refer to Resolution Book. ..RESOLUTION NO. 92R-!10: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING AMENDMENTS TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMITS NOS. 3081 AND 3420 AS APPROVED BY RESOLUTIONS NOS. PC88-303, PC91-87 AND PC9].-88. .Roll Call Vote on Resolution No. 92R-110 for adoptions AYES: NOES: ABSENT: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution No. 92R-110 duly passed and adopted. ADJOURNMENT: Council Member Hunter moved to adjourn, Council Member Daly seconded the motion. MOTION CARRIED. (8:15 p.m. ) LEONORA N. SOHL, CITY CLERK 390