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1993/04/20City Hall, Anaheim, Californi& - COUNCIL MII~OTES - APRIL 20, 1993 - 2:00 P.M. The City Council of the City of Anaheim met in adjourned regular session. The City Council of the City of Anaheim met in the adjourned regular session (adjourned regular meeting of April 13, 1993, held on April 20, 1993) for a joint meeting with the City Planning Commission. PRESENT: COUNCIL MEMBERS: Feldhaus, Pickler, Simpson, Daly ABSENT: COUNCIL MEMBERS: Hunter PRESENT: PLANNING COMMISSION: Boydstun, Caldwell, Henninger, Mayer, Messe, Peraza, Tait ABSENT: PLANNING COMMISSION: None PRESENT: CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl DEPUTY CITY MANAGER: Tom Wood EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich REDEVELOPMENT/ECONOMIC DEVELOPMENT MANAGER: Richard Bruckner PLANNING DIRECTOR: Joel Fick Mayor Daly called the adjourned regular meeting of April 13, 1993 (held April 20, 1993) to order at 2:09 p.m., all Council Members being present with the exception of Council Member Hunter. This is a joint meeting with the City Planning Commission. Chairman Henninger called the City Planning Commission to order, all Commissioners being present. (2:09 p.m.) Mayor Daly first welcomed the Planning Commissioners expressing Council's appreciation for their time in meeting with the Council. City Manager James Ruth. He introduced Deputy City Manager Tom Wood who will make a presentation on the revitalization of the Anaheim Tourist and Convention Infrastructure. 179: JOINT MEETING CITY COUNCIL/PLANNING COMMISSION: a) UPDATE - REVITALIZATION OF ANAHEIM'S TOURIST AND CONVENTION SERVING INFRASTRUCTURE: Deputy City Manager Tom Wood. (Submitted were the following documents - Memorandum dated April 20, 1993 to the Mayor, City Council and Planning Commission from Deputy City Manager Tom Wood, subject - "Update - Revitalization of Anaheim's Tourist and Convention Serving Infrastructure" - DRAFT - Anaheim Commercial Recreation Area Fiscal Analysis - Summary prepared for the City of Anaheim by Economic and Planning Systems Incorporated dated April 19, 1993.) Mr. Wood gave a brief overview of the two documents submitted (made a part of the record) and subsequently introduced Mr. Richard Bergson of Economic and Planning Systems Inc., the firm hired by the City approximately two years ago to assist in evaluating the fiscal impacts on the City's actual operating revenues and expenditures. Mr. Bergson will give a report on the City's independent financial analysis of the CRA (Commercial-Recreation Area) today and for the future. Mr. Richard Bergson, Senior Associate, Economic and Planning Systems, Inc. (EPS). Using slides in his presentation, Mr. Bergson briefed and elaborated upon the fiscal effects of the CRA on the City's budget, the baseline conditions and trends of the CRA and the fiscal effects of the Disneyland Resort project, the expansion of which will significantly increase development 239 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 20, 1993 - 2:00 P.M. within the CRA (see report submitted - draft - CRA Fiscal Analysis Summary). In concluding his presentation, Mr. Bergson stated a final important point which applies equally to their baseline forecast is that the net CRA revenues will have to be reinvested within the CRA in order to provide the public infrastructure necessary both to address existing issues and to accommodate the future levels of development that produce the levels of returns as outlined to the City. Mr. Wood then completed this portion of the presentation briefing pages 5 through 7 of his April 20, 1993 report. Questions by Council Members and Planning Commissioners followed which were answered by Mr. Wood. City Manager Ruth. Relative to this issue, there is still a great deal of work ahead with a lot more public participation. To date, he feels an outstanding job has been done with this difficult project; Mayor Daly. He noted that the first EIR hearing before the Planning Commission is to be held Wednesday, April 28, 1993 at 1:30 p.m. at the Inn at the Park Hotel. City Attorney White stated that the hearing also includes the General Plan Amendment and the specific Plan for the total project as well. b) NEIGHBORHOOD ASSOCIATIONS: Mayor Daly. His impression is that an active and involved network of neighborhood associations is the key to the future of the City. It is very difficult to get an active neighborhood association up and moving and meeting in a productive way. Anaheim is a large City and geographically spread out, he believes there is a need for more such associations. General discussion between Council Members and Planning Commissioners followed on the role of neighborhood associations, why they are formed, etc. There was a general consensus among Council Members that Neighborhood Associations are a positive force and an effort should be made to encourage the formation of additional associations in areas where there are none. Lisa Stipkovich, Executive Director of Community Development. She presented a report that was completed in January at the Council's request - "Residential Neighborhood Preservation Program - Community Development Department - January 15, 1993. (These were submitted to the Council and Planning Commission members.) The report outlines the current Neighborhood Preservation programs operating in Anaheim. It talks about Block Grant, some of the Redevelopment areas where there are designated NAC areas (Neighborhood Advisory Committees) which are neighborhood associations that are formed specifically in physical areas that have been designated and people who see themselves as part of the same neighborhood. It describes a process they could work through which she explained. It is very similar to some of the things they have done in Redevelopment. The report outlines the process and existing programs. It would require some thought on the part of Redevelopment and working with Planning and other City Departments if they are asked to implement the program - how they would go about doing so with existing staff and existing funding. Mayor Daly. He feels the report is an excellent starting point. Chairman of the Planning Commission Bob Henninger. He would like to emphasize the overall importance of this activity. From a Planning point of view, many of the areas of the City are reaching a critical age. Those neighborhoods 240 City Hall, ~n~ei~, california - COUNCIL MINUTES - APRIL 20, 1993 - 2:00 P.M. will either be cherished and maintained, or if not handled right will become areas of absentee landlords and ultimately become redevelopment problems for the City. He would like to see them cherished and maintained. Planning Commissioner Bob Messe. It is brand new thinking and he feels what they ought to do as a Planning Commission is to have a workshop session to see what they can come up with. After additional input by both Council Members and Planning Commissioners, Mrs. Stipkovich asked if she should be taking this as a starting point and working with the Planning Commission and Planning staff to do a workshop with the Planning Commission regarding the whole concept and then try to get something more concrete. Mayor Daly. He will defer to the Commissioners as to how they want to schedule this or approach the issue unless there is any concern on the Council's part. It is obvious they will have to tackle funding at some point. He urged them to "go at it" and is certain there will be additional thoughts and ideas over the coming weeks. c} INDUSTRIAL ZONING: Mayor Daly. Looking at a map of the City and the industrial zones and the interface with residential especially down East Street, Fairmont, along the I- 5, there are unusual juxtapositions of industrial to residential. Should they be stimulating some rezonings, contacting property owners, stimulating turn over of the property. There is a lot of industrial land in Anaheim that is not working very well. Lisa Stipkovich. The whole subject in terms of the Northeast Industrial Area/Canyon Business Area is part of project ALPHA. Both the Planning Commission and the City Council are aware of the new Specific Plan Redevelopment is processing. They presented a study over a year ago that they have been working on ever since and will be coming back with a proposal that would maintain the industrial uses, consolidate some of the commercial areas and look at other uses that might have potential - some commercial development other than retail, some office development and also looking at the rail stop working closely with the Orange County Transportation Authority. They are going to be bringing forward a Specific Plan and EIR very shortly. It is the key industrial base in the City and is the biggest contiguous industrial area in Orange County. They also want to look at marketing that area intensively. Project ALPHA will be terminated in 2008. They feel this is an opportunity to use the Redevelopment process very aggressively. This will be coming forward in the next couple of months. She also briefed the Council on the other areas they are working on at present. Joel ~£ck, Dlannlng D£rec~or. Answering Council M~mb~r P£ekl~, ha ~1~ ~h~y are working toward a good blend. Both the Planning Commission and Council know Anaheim's strength in large part has been because it is such a balanced community and there is strength in that diversity. They have been working very closely with the Community Development staff and feel they are moving in a positive direction for the community and also to maintain that sense of balance. Chairman Henninger. The notion of what is industrial has changed over time. The code is somewhat out of date. He has also noticed there is still much industrial use that is very incompatible with residential. They need to be careful with those edge conditions so that they do not do something that will disrupt the residential neighborhood and hurt it. 241 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 20, 1993 - 2:00 P.M. Before concluding this portion, Mrs. Stipkovich submitted three maps showing the Redevelopment plan for the north central sub areas, commercial/industrial redevelopment project area; south Anaheim Boulevard sub area, commercial/industrial redevelopment project area and the Brookhurst Redevelopment project area (made a part of the record). d) WEST ANAHEIM ISSUES: Mayor Daly. Most of the issues raised have been in West Anaheim. He wanted this issue on the agenda to discuss any thoughts on how they can focus better on improving West Anaheim. In his opinion, it has been neglected occasionally and needs to be brought into clearer focus. Planning Commissioner Robert Messe. There are land use problems in that area. They do not want more strip centers or high density apartments. Planning Commissioner Mitch Caldwell. To the extent possible, they should protect the single-family residential housing in that area from any further encroachment of high density rental housing. He does not know how they can encourage that but they want to protect the single-family areas and make those residents feel that their neighborhoods are not going to continue to be degraded by spot development. Chairman Henninger. He would like to take the opportunity to compliment Code Enforcement staff. Particularly in the Brookhurst Corridor, they have done a good job of enforcement relative to the various dance halls, bars and places that serve alcohol that have caused problems. The proposal currently under study to make this a Redevelopment Area is a good idea. Perhaps it could be combined with the Neighborhood Associations to get a more comprehensive look at what to do regarding preserving those areas. Council Member Bob Simpson. He heard the same analogy at a meeting he went to this morning, that West Anaheim is teetering and could go either way. He gets a feeling that as a Council they seem to be putting out brush fires. He questioned what can they do to take an overall look at West Anaheim. It is first necessary to define the West Anaheim area and then to determine what could be done. Mayor Daly. Perhaps they can approach it step by step and ask staff to bring some Planning tools forward and some thoughts. Perhaps after they are finished setting the stage for the revitalization of the Canyon Industrial Area and working on some of the other issues, they can put a full-court press on some of the things brought forward today. A lot of the same forces that are working in West Anaheim are the same as those in other areas of the City. However, he feels there is an alienation that is worse in West Anaheim partly because of the complexity of the four different school districts involved. Planning Commissioner Julie Mayer. She suggested this is also an area where the Anaheim Chan%ber of Commerce might get involved to encourage the small business people. Most of the strip malls involve small businesses. One area they could help with is some workshops or a stronger emphasis in the small business area. The business community has to be a partner in making that improvement. Planning Commissioner Phyllis Boydstun. She reported on some of the things the Chamber is doing now on this issue. Planning Commissioner Tom Tait. He feels it is probably the most critical area of the City. It ties in with the discussions on Neighborhood 242 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 20, 1993 - 2:00 P.M. Associations. The City has limited resources but what they do with associations perhaps should be focused in that area in a pilot program as an experimental situation. They should tackle the critical problem first. Additional input was given relative to the problems in West Anaheim by both Council Members, Planning Commission members and Planning Director Joel Fick. ADJOURNMENT - PLANNING COMMISSION: By General Consent the Planning Commission meeting was adjourned. (3:58 p.m.) ADJOURNMENT - COUNCIL: Council Member Simpson moved to adjourn the adjourned regular meeting of April 13, 1993, held on April 20, 1993. Council Member Feldhaus seconded the motion. Council Member Hunter was absent. MOTION CARRIED. (3:59 p.m.) LEONORA N. SOHL, CITY CLERK 243 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 20, 1993 - 5:00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Feldhaus, Pickler, Simpson, Daly COUNCIL MEMBERS: Hunter CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl DEPUTY CITY MANAGER: Tom Wood EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: REDEVELOPMENT/ECONOMIC DEVELOPMENT MANAGER: PLANNING DIRECTOR: Joel Fick UTILITIES FINANCIAL SERVICES MANAGER: Michael Bell ZONING ADMINISTRATOR: Annika Santalahti ZONING DIVISION MANAGER: Greg Hastings INVESTIGATOR, VICE DETAIL-POLICE DEPARTMENT: Jim Gandy Lisa Stipkovich Richard Bruckner A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:40 p.m. on April 16, 1993 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the workshop portion of the meeting of April 20, 1993 to order at 4:00 p.m. Council Member Hunter was absent. 156: NEEDS ASSESSMENT FOR POLICE SUBSTATION - HOLMES & NARVER: City Manager James Ruth. During the past several months, after Council authorization, staff employed the services of Holmes & Narver to do a feasibility study on site location, size and dimensions of the new Police Substation proposed for the Anaheim Mills area. Police Chief Molloy, Contract Administrator Jack Plake and Captain Randy Gaston who have worked on the project will make the presentation along with the Architect Mike Flynn and Nick Kollios. Documents have already been presented to the Council. (See report - Facilities Needs Assessment Study - Holmes & Narver in cooperation with Daniel C. Smith and Associates - Police Department Substation Anaheim Police Department; Anaheim Hills Region.) Jack Plake. He administers the Engineering agreements and the construction contracts for the Public Works Department. Holmes & Narver was selected as the architect in November. They have had an opportunity to review the Needs Assessment and City staff concurs with those project demands and facility service requirements. He introduced Mike Flynn, Vice President, and Assistant Project Manager, Holmes & Narver who is present with Nick Kollios, the Senior Associate and Bob Miller, Project Architect. Presentations were then given by Nick Kollios and Mike Flynn. Mr. Coleus explained the process used to arrive at the total square footage requirements and facility requirements of the proposed substation which will serve Sector 5 - the canyon area, planning area B; Mr. Flynn briefed the alternative site evaluation which covered 17 sites - 16 alternatives and Dream Street, all basically in the general vicinity of Weir Canyon. He briefed the 17 sites that were assessed, the alternatives chosen, and the reasons why, and the final recommendation of Dream Street as being the best. Questions were then posed by Council Members which were answered by both City Manager Ruth and Mr. Flynn regarding the possibility of providing contract services from the substation to nearby cities, parking, accessibility, cost involved, etc. 244 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 20, 1993 - 5=00 P.M. At the conclusion of discussion, Mayor Daly stated he would like to give Council Member Hunter an opportunity to evaluate the information as well and to give his input. The item is on the Council Agenda this evening and it can be discussed further at that time. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a) to wit: Strickland v. City of Anaheim, Orange County Superior Court Case No. 65-73-43; and Strickland v. City of Anaheim, Orange County Superior Court Case No. 67-26-96. Jones v. City of Anaheim, Orange County Superior Court Case No. 65-65-69. Dease dba The Wounded Knee Saloon v. City of Anaheim, United States District Court Case No. CV 93-1712 RC (Sx). Elrousan v. City of Anaheim, Orange County Superior Court Case No. 70-08-13. Williams v. City of Anaheim, Orange County Superior Court Case No. 67-92-02. b. To meet with and give directions to its authorized representative regarding labor relations matters - Government Code Section 54957.6. c. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. d. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9 (b)(1). e. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in closed session. By general Consent, the Council recessed into Closed Session. (4:30 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Council Member Hunter, and welcomed those in attendance to the Council meeting. (5:37 p.m.). INVOCATION: Reverend Adam D. McCoy, St. Michael's Episcopal Church, gave the invocation. FLAG SALUTE: Council Member Bob Simpson led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION OF BICYCLES TO WINNERS OF THE "TURN TRASH INTO TREASURE" CONTEST: Presenting bicycles donated by Taormina Industries and R.J. Noble Company to winners of the "Turn Trash into Treasure" contest. 245 City Hall, An&heim, California - COUNCIL MINUTES - APRIL 20, 1993 - 5:00 P.M. Marcia Myers, Administrative Services Coordinator, explained the subject program and then introduced the bicycle donors Temre Jenkins, Recycling Coordinator for Taormina Industries and Jim Grace, Vice President of R.J. Noble along with the contest winners Brenda Buckner and Paola Torres. Mayor Daly then presented the bicycles to the winners and along with the Council Members commended the 3rd Graders for their excellent work. Mayor Daly also presented Mrs. Myers with the proclamation recognizing April, 1993 as "Keep On Recycling Month" in Anaheim which she accepted on behalf of the Maintenance Department. The following were recognitions authorized by the City Council this date to be mailed or presented at another time: Public Service Recognition week, May 3-8, 1993 Key Club Weekend, April 23-25, 1993 FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,528,055.42 for the period ending April 12, 1993, and $2,746,497.97 for the period ending April 19, 1993, in accordance with the 1992-93 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:52 p.m.) Mayor Daly reconvened the City Council meeting. (5:55 p.m.) ITEMS OF PUBLIC INTEREST: Julie Mayer, 1837 W. Orange Avenue, Anaheim, Advisory Member, Anaheim Arts Council. She invited the Council and all citizens to come to the Imagination Celebration taking place in Anaheim on April 24, 1993. She explained the program that will be taking place from 11:00 a.m. to 5:00 p.m. in downtown Anaheim just north of the Anaheim Museum with activities to take place in and around that area - all events are free for children. Mrs. Mayer. The Arts Council has acted on the request of the Sister City Committee's desire to bring an art element from Anaheim to its Sister City in Mito, Japan. The Art in Public Places Committee and the Arts Council both feel they are in support of submitting the mural by Emigdio Vasquez on a loan basis. They have before the Council a strategy and proposal they feel could work in partnership with the Sister City Committee to commission a new work that would permanently go to Mito. They are proposing that Council Member Feldhaus when he travels to Mito next month take the replication of the mural that is displayed in the City Hall East reception area with him and show it to the Fine Arts Center in Mito with the specifics for the actual mural which is quite large. It would have to be professionally crated and shipped along with an interpretive narrative; Council Member Feldhaus did not feel it would be necessary for the actual mural itself to go to Mito. Mayor Daly. He suggested that the issue be further discussed but not necessarily at tonight's meeting. 246 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 20, 1993 - 5:00 P.M. Dr. H. V. Stone, 924 S. Roberts Street #1, Anaheim. She is the manager of Roberts Apartments at Euclid and Ball, Juno and Roberts Street. She is presenting a petition signed by four owners and twelve tenants explaining the problem of cars racing down the alley behind the Roberts Apartments creating a hazard for both adults and children. She is asking for assistance to stop the problem and to prevent more accidents than those that have already occurred. Mayor Daly noted that John Lower, the City's Traffic and Transportation Manager was present and requested that he speak to Dr. Stone, suggest some solutions and subsequently report back to the Council advising the steps taken. Jeff Kirsch, 2661 W. Palais, Anaheim. He asked that thought be given to establishing a satellite cashier window in City Hall East (200 S. Anaheim Boulevard) where collections was previously located. This will be a convenience not only to the public but also employees avoiding the necessity of having to cross the street to complete almost every transaction involving payment for documents', fees, etc., and for the purpose of public safety and efficiency. Relative to today's workshop session with regard to the West Anaheim issues, he offered his support or his services in the role of neighborhood associations. Mr. Kirsch also broached the proposed Disneyland project - Westcot and the upcoming Planning Commission hearings expressing his concern over the short time between response to comments on the EIR being made available and the time of the hearings on the EIR before the Planning Commission next week, or less than two weeks. He has also addressed the Planning Commission on the matter. He feels there should be enough time for concerns to be adequately expressed. City Attorney White. At the request of the Mayor, he outlined the process, the time periods involved as well as what was legally required to be done and what was not. He concluded by clarifying that the legal requirements regarding this matter have been met. PUBLIC COMMENTS - AGENDA ITEMS: MOTION: Council Member Pickler moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of April 20, 1993. Council Member Simpson seconded the motion. Council Member Hunter was absent. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Pickler, seconded by Council Member Simpson, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Council Member Pickler offered Resolution Nos. 93R-59 through 93R-62, both inclusive, for adoption. Council Member Pickler offered Ordinance Nos. 5363 and 5364 for introduction. Council Member Hunter was absent. Refer to Resolution Book. Al. 105: Receiving and filing minutes of the Golf Advisory Commission meeting held February 24, 1993. 247 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 20, 1993 - 5:00 P.M. 105: Receiving and filing minutes of the Anaheim Private Industry Council meeting held February 25, 1993. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held March 17, 1993. 114: Receiving and filing Resolution No. 3082 from the City of Westminster supporting SB 123 to provide for a "double majority" standard to select South Coast Air Quality Management District Board Members. 114: Receiving and filing Resolution No. 5776 from the City of Santa Fe Springs supporting the cooperative efforts of the City of Anaheim and Disneyland in creating the Disneyland Resort. 117: Receiving and filing a Summary of Investment Transactions for the Month of March, 1993, as submitted by the City Treasurer. 173: Receiving and filing a Notice of Proposed Increase in Gas Rates filed with the California Public Utilities Commission by Southern California Gas Company (Application No. 93-03-069) requesting approval of a long term lease by SoCalGas of pipeline facilities between Kern County and Ventura County owned by the Cuyama Pipeline Company, the Casitas Pipeline Company and the ARCO Oil & Gas Company. SoCalGAs also requests an increase in rates by $4.001 million in 1994, to recover lease payments, property tax on leased property, and operating and maintenance costs. A2. 149: ORDINANCE NO. 5363 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING 14.32 RELATING TO PARKING NEAR FIRE HYDRANTS. A3. 169: Approving a Notice of Completion of the construction of Magnolia Avenue Street Improvements from Crescent Avenue to Lincoln Avenue by Ail American Asphalt and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A4. 158: RESOLUTION NO. 93R-59: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING EXECUTION OF A QUIT CLAIM DEED TO CERTAIN REAL PROPERTY OR INTERESTS THEREIN. (Deer Canyon Storm Drain Easement) A5. 151: Approving an Encroachment License Agreement (92-10E) for a communication line located within Blue Gum Street from Gretta Lane north to Coronado Street and across Coronado Street as requested by Anaheim Disposal. A6. 151: Approving an Encroachment License Agreement for a water monitoring well located within Schweitzer Park as requested by Orange County Water District. A7. 170: Approving the Final Map of Tract No. 14185 and the Subdivision Agreement with Robert D. Wiens and Haroldene Wiens and authorizing the Mayor and City Clerk to execute the subdivision agreement. (Tract 14185 is located on the north side of Country Hill Road and approximately 670 feet on the east side of the intersection of Country Hill Road and Vista Del Sol.) A8. 123: Approving the Second Amendment to the Geotechnical Consultant Agreement with Law/Crandall, Inc., in the amount of $25,300, for geotechnical testing and consultation for Anaheim Arena. 248 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 20, 1993 - 5=00 P.M. A9. 156: Proposed authorization for Holmes & Narver to proceed with Phase 2 through Phase 6 architectural services for the Anaheim Police Department Satellite Substation. (Continued from the meeting of April 6, 1993, Item A9.) City Manager Ruth. The Council may wish to take a different action on this item since Council Member Hunter is not present. Mayor Daly recommended that the subject be continued for two weeks. At the conclusion of the Consent Calendar, this matter was continued for two weeks to Tuesday, May 4, 1993, on motion by Council Member Daly, seconded by Council Member Pickler. MOTION CARRIED (Council Member Hunter was absent) Al0. 164: Approving Contract Change Order No. 3 in the amount of $84,251.62, in favor of Aman Brothers, Inc., for additional improvements on the Heritage Place Project. Council Member Feldhaus. He expressed concern relative to the need for continuous change orders and additional monies to complete a project. He feels there should be better control. The whole project ended up $555,000 more than the original cost. He becomes concerned when that happens. He feels in cases where the contractor makes a mistake, the contractor should be responsible. He also believes there was not good advance planning on this contract because they had to reconfigure and redo some of the things. Lisa Stipkovich, Executive Director of Community Development. This has been a complex project - the Center Street complex from Anaheim Boulevard to the train station. What does not get reflected well is the period of time involved of about two years where there were significant changes and problems. A major change was that of developers, from Lincoln Properties to Kaufman & Broad and in some cases changes in the work that needed to be done. There were some things staff asked to be changed. There were a number of issues involved. They do not believe they are paying for any contractual mistakes. Also, regarding the amount they asked for from Kaufman & Broad, that is still being negotiated. Lincoln Properties has paid their amount. Dave Nelson, Civil Engineer-Field. As far as any damage done by the City's contractor, that has already been picked up by the contractor, Aman Brothers, Inc. The charges were associated with the work to support both Lincoln Properties and Kaufman & Broad, their on site people damaged work the City had already completed. The City's contractor completed the work in the interest of trying to expedite the project as much as possible. All. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a purchase order to GCS, Incorporated, in the amount of $86,223.00 for two parking lot sweepers and an auxiliary hand-held hose. Al2. 160: Authorizing the Purchasing Agent to issue a purchase order to Gene Berg, in the amount of $22,950.00 for one (1) used 1990 Nissan 26,000~ GVW truck/tractor. Al3. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a purchase order to Fire-Bann Corporation in the amount of $23,300.00 for retrofitting two (2) new Fire Department Suburban Command cars. Al4. 123: Waiving Council Policy 306, and authorizing the execution of a contract to PRC Public Sector, Inc., for a five (5) year period commencing May 1, 1993, in an amount not to exceed $71,300.00 for the first year, to 249 City Hallr Anaheimr Callfornia - COUNCIL MINUTES - APRIL 20~ 1993 - 5:00 P.M. provide maintenance services for the Computer-Aided Dispatch and Computerized Records Management Systems at the Police Department. A15. 139: Authorizing communications to appropriate members of the State Legislature of the City of Anaheim's position on the following legislative proposals: Supporting Senate Bill 566 (Roberti), Supporting Assembly Bill 2286 (Pringle), Supporting Assembly Bill 211 (Umberg), Supporting Assembly Bill 401 (Margolin), Supporting Assembly Bill 1964 (Morrow). Jeff Kirsch, 2661 W. Palais, Anaheim. He expressed his concerns with SB566 and Assembly Bill 401 asking that if the Council does not oppose the bills, that they at least give some thought to the legislation. Al6. 123: Approving and authorizing the Executive Director of Community Development to execute an Attornment and Nondisturbance Agreement between the City of Anaheim, Heinz Crowley Company, William J. Adkins and Roberta Adkins, Larry L. Heuer and Leanne B. Heuer, Chrysler Realty Corporation, in connection with the Anaheim Auto Center (Ball Road/57 Freeway). Al7. 177: Approving the Regional Housing Needs Report which outlines the housing units added to the City's housing stock during fiscal year 1991-92 and identifies the remaining housing needs through 1994. A18. 123: Approving an agreement with Sony Corporation for the provision of parts and service for maintenance of the Sony Jumbotron Screen at Anaheim Stadium at a cost of $50,000 for system maintenance provided during the period January through December 1992, and $50,000 for calendar year 1993. Al9. 153: Approving a reduction in the 1993 Dental Health Services family rate from $39.15 to $38.00 per month, effective January 1, 1993. A20. 123: Authorizing the Public Utilities General Manager to increase the amount of the previously approved emergency construction contract with Doty Bros. Equipment Company by $125,600, for the construction of flexible joints for water main locations in the Anaheim Hills landslide area. A21. 123: Approving an Agreement with Jorge M. Torres Acuna and Mirtha Yolanda Marquez for rental of an apartment at the Jeffrey-Lynne Neighborhood Center. A22. 123: Considering a request from the Anaheim Cinco de Mayo Fiesta Committee for funding assistance in the amount of $5,800; and approving an agreement with the Anaheim Cinco de Mayo Fiesta Committee for the presentation of the Twenty-Second Annual Cinco de Mayo Fiesta at La Palma Park on May 1 and May 2, 1993. council Member Feldhaus. He is going to be voting no on this item in view of the fact that they have cancelled the Halloween Festival and the City's Assistance to the Anaheim Hills Fourth of July Celebration. The City has no money for these events and the Cinco de Mayo Committee should instead conduct a fund raiser for this annual event. In light of the City's fiscal problems and the loss of other social programs, he cannot justify a $5,000 grant to assist the Committee. City Manager Ruth. Staff is submitting this for Council consideration. It is a request of the festival committee and is up to the City Council and will require an action tonight whether or not the Council wants to fund the fiesta. 250 City Hall, Anaheim, california - COUNCIL MINUTES - APRIL 20, 1993 - 5:00 P.M. Council Member Pickler. It is something the City has done for many years. The Committee does have fund raisers to pay for the fiesta. If the Council is going to make a decision to discontinue funding, they should be put on notice but for this year he will vote in favor. Council Member Feldhaus restated if they want to make it a loan to the Committee, he will go along with that for this year. Chris Jarvi, Director of Parks, Recreation and Community Services. The event is held annually along with a carnival in La Palma Park. All the proceeds of the carnival accrue to the City and generally covers all City costs, Police and Parks and Recreation costs. In good years, it covers all the money the Council allocates as well. He confirmed that there had been occasions when the City has received the funds back. A23. 123: Approving an Agreement with the Orange County Transportation Authority for $479,784 to provide design, construction and inspection services for the Manzanita Soundwall Project. Council Member Pickler. Every time he sees a wall going up, he wants to be assured they are building in factors that will give protection against graffiti such as shrubbery. Chris Jarvi. The City is putting vines on the City side of the wall but cannot do anything relative to landscaping the freeway side of the wall. Mayor Daly suggested that a letter be prepared asking Caltrans to put vines on their side of the wall. Council Member Pickler. He feels that would be wise. As he meets with the Orange County Transportation Authority, he will bring it up at a meeting. Caltrans spends a great deal of time and money to wipe out graffiti and if instead they use vines for freeway walls, it will eliminate some of the graffiti problem. A24. 123: Accepting a $93,000 grant from the State of California Conservation Corps; and amending the FY 92/93 Budget by increasing revenues and expenditures in Program 1112 by $93,000; and authorizing and directing Steven E. Swaim, Community Services Superintendent, Gang/Drug Facilitation, to conduct all negotiations, execute and submit all documents, agreements and amendments, and patrment requests necessary for the completion of the project; and approving an Agreement with the Anaheim Family YMCA subcontracting the development of the Orange County Conservation Corps. Todd Ament, General Director, YMCA/Anaheim. With Council approval, they are going to launch the beginning of the Orange County Conservation Corps in Anaheim. Of the ten priority issues of the City's Gang and Drug Task Force, #9 outlines a lack of career development and employment training programs for at-risk individuals. In response to that, the YMCA partnership with AUHSD, JTPA and Steve Swaim put an outline together in response to a proposal by the State to start a Conservation Corps. He then introduced Carol Cooley, Executive Director of the Orange County Conservation Corps. Carol Cooley. The Council's leadership has caused the Agency to come into being. It is part of the City's Gang and Drug prevention program. They will do their best to make the City proud. Steve Swaim, Gang and Drug Coordinator. He recognized the YMCA and it's Director Todd Ament as well as its Board of Directors for embracing the 251 City H&11, AnmBeim, California - COUNCIL MINUTES - APRIL 20, 1993 - 5:00 P.M. concept of the Conservation Corps. There is no other corps in Orange County. They needed to find a non-profit organization to contain the corps. A25. 123: Approving an Agreement with Rauscher Pierce Refsnes, Inc., in the amount of $6,000 which includes all out-of-pocket expenses (with the exception of not-to-exceed $3,000 in the event that a rating trip to New York is required) for financial advisor services in connection with Competitive Sale of 1993/94 Tax and Revenue Anticipation Notes ($35 million), and in the event negotiations cannot be completed with the low bidder, authorizing the Finance Director to negotiate with the second low bidder. A26. 137: RESOLUTION NO. 93R-61: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING (I) THE INVITATION OF PROPOSALS FOR THE PURCHASE OF (A) NOT TO EXCEED $140,000,000 AGGREGATE PRINCIPAL AMOUNT OF ELECTRIC SYSTEM CERTIFICATES OF PARTICIPATION AND (B) NOT TO EXCEED $71,000,000 AGGREGATE PRINCIPAL AMOUNT OF ELECTRIC REVENUE BONDS, 1993 SERIES; (II) APPROVE ONE OR MORE NOTICES INVITING BIDS RELATING TO THE CERTIFICATES AND ONE OR MORE NOTICES OF INTENTION TO SELL CERTIFICATES; (III) A NOTICE INVITING BIDS RELATING TO THE BONDS AND A NOTICE OF INTENTION TO SELL BONDS; AND (IV) AUTHORIZING THE DELIVERY OF ONE OR MORE PRELIMINARY OFFICIAL STATEMENTS. (Continued from the meeting of April 6, 1993, Item A20.) 137: RESOLUTION NO. 93R-60: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE INVITATION OF PROPOSALS FOR THE PURCHASE OF NOT TO EXCEED $25,000,000 AGGREGATE PRINCIPAL AMOUNT OF WATER REVENUE REFUNDING BONDS, 1993 SERIES; APPROVE THE NOTICE INVITING BIDS RELATING TO THE BONDS, AND THE NOTICE OF INTENTION TO SELL BONDS; AND AUTHORIZING THE DELIVERY OF A PRELIMINARY OFFICIAL STATEMENT. (Continued from the meeting of April 6, 1993, Item A20.) Council Member Simpson. He confirmed for the Mayor that he had an opportunity to talk with both the City Manager and also Mike Bell from Public Utilities on the matter. He raised the issue initially because historically on major bond issues involving public utilities, they have been done on a negotiated sale. This time it is a competitive bid and he questioned why. It turns out the major consideration is timing in the market. Mayor Daly. He had the same concern - with a fairly routine electric bond refinancing, are they costing themselves money by simply designing the sale and going out to the low bidder versus bringing in the best possible package in a negotiated sale. Mike Bell, Utilities Financial Services Manager. They have done most of their electric and water refunding sales through a negotiated basis in the past because of difficulty with regard to timing. The prior opln£ons %ha~ they have had required a 15 day notice of sale before the bonds could be sold. They have gotten around that in this case by presenting a situation where they provide notice 15 days in advance of any sale but the actual final notice of sale is given 24 hours before they sell the bonds. That gives them a 24 hour period to pick the actual date that they would like to be in the market place. Today, it would be virtually impossible to predict two weeks in advance where the market will be. The other reason for selecting a competitive sale, they have received numerous bids. They believe in consultation with their financial adviser that the bonds will generate a great deal of interest and they could expect to see a large number of bids. 252 City Hall, Anaheim, Callfornia - COUNCIL MINUTES - APRIL 20, 1993 - 5:00 P.M. Additional discussion and questioning by Mayor Daly followed, he (Daly) felt that Mr. Bell provided good input regarding the concerns expressed by himself and Council Member Simpson. A27. 158: RESOLUTION NO. 93R-62: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. A28. 130: ORDINANCE NO. 5364 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 1.03 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO FRANCHISE APPLICATIONS. A29. 123: Approving an Attorney Services Agreement with the law firm of Rutan & Tucker to provide legal assistance to the City Attorney's Office concerning the Santiago and Pegasus Landslides and such other matters as may be assigned to such firm from time to time as special counsel for the City. A30. 114: Approving minutes of the City Council meetings held March 2, 1993, and March 9, 1993. A31. 184: Reviewing the need for continuing the Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on January 19, 1993, and ratified by the City Council on January 26, 1993, concerning the Santiago Landslide and Pegasus Landslide in the City of Anaheim; and taking no action to terminate the local emergency at this time. Roll Call Vote on Resolution Nos. 93R-59 throuqh 93R-62, both inclusive, for adoptions AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Pickler, Simpson, Daly None Hunter The Mayor declared Resolution Nos. 93R-59 through 93R-62, both inclusive, duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. (Council Member Hunter was absent, Council Member Feldhaus voted no on item A22.) A32. 105: APPOINTMENT TO THE PRIVATE INDUSTRY COUNCIL: Appointment to the Private Industry Council to fill current vacancies (4-year terms). Submitted was report dated April 6, 1993 from Marge Pritchard, JTP Manager recommending that appointments be made to the Council of two members from the Private Sector Category (Chart A - attached) for a 4-year term and two members from the Public Sector Category (Chart B - attached) from the categories of education and rehabilitation services also for a 4-year term. Marge Pritchard, JTP Manager. There are five names before the Council. Ail the terms are for four years and all potential members listed are interested in serving. In the Public Sector, legislation requires one name per agency be submitted. In this case it is John Geisbauer, Department of Rehabilitation and in Education, Cynthia Grennan, Anaheim Union High School District. 253 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 20, 1993 - 5:00 P.M. Mayor Daly nominated Mr. Larry Slagle for reappointment as a Private Sector Member as well as Mr. Don Natenstedt as a new appointee. Council Member Pickler nominated Jeri Beals. Mayor Daly nominated John Geisbauer and Cynthia Grennan for the Public Sector in their respective categories. There were no further nominations. A Roll Call Vote was then taken on the nominations. Larry Slagle - Ayes: Absent: Feldhaus, Pickler, Simpson, Daly Hunter Don Natenstedt - Ayes: Abstained: Absent: Feldhaus, Simpson, Daly Pickler Hunter Council Member Pickler thereupon withdrew his nomination of Jeri Beals and suggested a unanimous vote on Don Natenstedt. Mr. Larry Slagle was thereupon unanimously reappointed and Mr. Don Natenetedt unanimously appointed to fill the current vacancies in the Private Sector Category (4-year terms). Mr. John Geisbauer and Mrs. Cynthia Grennan were thereupon unanimously appointed to the Anaheim Private Industry Council to fill the current vacancies for the Public Sector-Rehabilitation Services and Public Sector- Education categories respectively. A33. 114: CENTRAL ORANGE COUNTY FIXED GUIDEWAY AGENCY: Appointment of Director and Alternate Director for a 2-year term beginning July 2, 1993. Council Member Feldhaus moved to reappoint Irv Pickler, Director and Bob Simpson, Alternate Director for an ensuing term on the Central Orange County Fixed Guideway Agency. Council Member Daly seconded the motion, Council Member Hunter was absent. MOTION CARRIED. ITEMS B1 - B5 FROM THE ZONING ADMINISTRATOR MEETING OF APRIL 1, 1993: DECISXON DATEs APRXL 8, 1993 INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 23, 1993: B1. 179~ VARIANCE NO. 4213, CATEGORICALLY EXEMPT, CLASS 11: OWNER: Shell Oil Co., c/o Eric Richter, 511 North Brookhurst Street, Anaheim, CA 92803 AGENT: A & S Engineering, Ahmad Ghadarl, 207 W. Alameda, Burbank, CA 91592 LOCATION: 8275 East Santa Ana Canyon Road. Property is approximately 1.86 acres, having a frontage of approximately 261 feet on the west side of Weir Canyon Road with maximum depth of approximately 349 feet and being located at approximately 236 feet north of the centerline of Santa Aha Canyon Road. Waiver of minimum number of walls signs to construct 4 wall signs for an existing food market. ACTION TAKEN BY THE ZONING ADMINISTRATOR: 254 City Hall~ Anaheim~ California - COUNCIL MINUTES - APRIL 20, 1993 - 5=00 P.M. Variance No. 4213 APPROVED, IN PART, with some signs remaining, some being removed and some being added (ZA93-24). B2. 179: CONDITIONAL USE PERMIT NO. 3618 AND NEGATIVE DECLARATION: OWNER: Linda M. Kenski, 3001 Redhill Avenue Bldg. #5, Costa Mesa, CA 92626 AGENT: Jintana Hojnacki, Pradit Rugthrakull, 2415 W. Lincoln, Avenue #H, Anaheim, CA 92801 LOCATION: 2415 W. Lincoln Avenue #H: Property is approximately 1.1 acre, with frontage of approximately 140 feet on the north side of Lincoln Avenue and a frontage of ll0 feet on the west side of Gilbert Street, with a maximum depth of approximately 275 feet. To permit on-sale and consumption of beer and wine with waiver of minimum number of parking spaces (108 required; 101 provided). ACTION TAKEN BY THE ZONING ADMINISTRATOR: CUP NO. 3618 APPROVED, conditions added relative to landscaping and limitations as requested by Police Department (ZA93-25). Approved Negative Declaration. B3. B4. B5. 179: VARIANCE NO. 4222, CATEGORICALLY EXEMPT, CLASS 11: OWNER: Imperial Properties, Attn: Harold Hembree/Ken Rinker, P.O. BOX 7250, Newl0ort Beach, CA 92658 LOCATION: 5757 East Santa Ana Canyon: Property is approximately 4.2 acre located at the northeast corner of Santa Ana Canyon Road and Imperial Highway. Waiver of permitted number of walls signs (1 sign permitted; 2 signs proposed), to construct a 96 square-foot wall sign on the northwest building elevation (Albertson's). ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4222 APPROVED (ZA93-26). 179: VARIANCE NO. 4223, CATEGORICALLY EXEMPT, CLASS 5: OWNER: Dale Martin & Cindy Martin, 5038 E. Woodwind Lane, Anaheim, CA 92807 LOCATION: 5038 East Woodwind Lane. Property is approximately 0.11 acre with a frontage of approximately 50 feet on the south side of Woodwind Lane, and maximum depth of approximately 100 feet and being located approximately 200 feet west of the centerline of Woodwind Lane. Waiver of minimum lot coverage, to construct a 239 square foot room additional to an existing single-family residence. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4223 APPROVED (ZA93-27). 179: ADMINISTRATIVE ADJUSTMENT NO. 0082: OWNER: Bazak Property, 146 N. Stanley Avenue, Beverly Hills, CA 92011 AGENT: J.S. Architectural Planning, Jacob Siles, 2006 S. Sherbourne Drive, Los Angeles, CA 90034 LOCATION: 755-763 North Euclid Street. Property is approximately .37 acres located at the southwest corner of Glenoaks Avenue and Euclid Street, having a frontage of aPproximately 135 feet on the south side of Glenoaks Avenue, and a frontage of 121 feet on the west side of Euclid Street. 255 City Hall, ~-~heim, California - COUNCIL MINUTES - APRIL 20, 1993 - 5:00 P.M. Division of an existing retail unit (4-units total) within an existing 3-unit, 3,108 square foot commercial center (previously approved), with waiver of minimum number of parking spaces permitting the division. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 0082 APPROVED, added Conditions (ZA93-28). Mayor Daly. He notes that there are additional conditions proposed by staff on this item. There is a trash container out in front of the property in the middle of the parking lot. The Zoning Administrator is suggesting restriping of the lot. He asked if she was encouraging the property owner to move the "eye-sore" trash container as a part of the conditions. Annika Santalahti, Zoning Administrator. There was a person in opposition to the overall proposal. While that issue was not addressed, it is something they can look at. They are required to restripe the parking lot to accommodate additional landscaping as well as to make the parking more efficient. She can make a note in the file; City Attorney White confirmed for the Mayor that he was comfortable with that. Mayor Daly. He would like the trash container moved from its present location to where it will not be visible. END OF THE ZONING ADMINISTRATOR ITEMS. SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS: The City Attorney announced that it is appropriate at this time for all those intending to testify at any or all of the public hearings including staff be sworn in at this time. Those testifying were requested to stand by the City Clerk and asked to raise their right hand. The oath was then given. D1. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3590 AND NEGATIVE DECLARATION: OWNER: Tokiko Nakamura, 8430 Pebble Beach Court, Buena Park, CA 90621 AGENT: Elliott Wainer, 13234 East Palm Place, Cerritos, CA 90701 LOCATION/REQUEST: The property is located at 2625 West Lincoln Avenue and is approximately .85 acres located on the north side of Lincoln Avenue, approximately 395 feet west of the centerline of Magnolia Avenue. The request is to permit a pawn shop. ACTION TAKEN BY THE PLANNING COMMISSION: CUP No. 3590 GRANTED, hours of operation to be Monday through Friday 9 a.m. to 7 p.m.; Saturday 9 a.m. to 5 p.m. and closed on Sundays. (PC93-28) (5 yes votes, 1 no vote, and 1 absent). Approved Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Council Members Pickler and Daly at the meeting of March 23, 1993 and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - April 8, 1993 Mailing to property owners within 300 feet - April 8, 1993 Posting of property - April 9, 1993 256 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 20, 1993 - 5:00 P.M. PLANNING STAFF INPUT: See staff report to the Planning Commission dated March 8, 1993. Greg Hastings, Zoning Division Manager, summarized the request after which Mayor Daly opened the public hearing and asked to hear from the applicant or the applicant's agent. APPLICANT'S STATEMENT: Elliott Wainer, 13234 E. Palm Place, Cerritos, 90701. He is asking for approval of Conditional Use Permit No. 3590. He is confident that the area is in need of another pawn shop. He also believes the business would be good for the pre-existing pawn shop that exists on the other end of Magnolia on Lincoln. PUBLIC DISCUSSION - IN FAVOR: None PUBLIC DISCUSSION - IN OPPOSITION: Joseph LaRoche, 199 N. Magnolia "A", Anaheim. He is President of the Carbon Creek Homeowner's Association representing 95 homeowners. The homeowners are against this pawn shop being within two-tenths of a mile of another pawn shop and for the following reasons: They are concerned with the safety of their children, the criminal element and activity associated with pawn shops will become a permanent part of their neighborhood. It will give easy accessibility to purchase and sell hand guns close to their homes. According to the owner of the pawn shop and prior testimony before the Planning Commission, Mr. Wainer stated pawn shops are safe and do not deserve the bad rap associated with them. If so, why is there a provision for security gates and surveillance equipment. They urge the Council to vote no on the CUP. There were no additional speakers, Mr. LaRoche having been the spokesperson for the homeowners. SUMMATION BY APPLICANT: Elliott Wainer. Ail pawn shops are highly regulated. He explained some o~ ~he s~rlc% rules ~ha~ mus~ be ~ollow~d. Relative to hand guns, there is no reason why there should be more crime because he will sell hand guns. Those guns sold are sold to legitimate people, once again under regulations that the purchaser must follow which he explained. It will not create more crime. He has been in the business for the last 15 years and has a good reputation with the City of Los Angeles, the Police Department, the ATF (Alcohol, Tobacco and Fire Arms) people and the Department of Justice in Sacramento. In his meeting with the Planning Commission, the Pawn Detail Officer from the City was present and 257 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 20, 1993 - 5=00 P.M. questions posed to him on whether there have been problems with pawn shops. His answer was no. They have a good rapport with the pawn broker and there had been no problems. The reason for security is that he is selling guns and jewelry. He is a business owner and there will be crime anywhere there is business. His security measures are with the community in mind as well as his patrons. Mayor Daly closed the public hearing. Council Member Pickler. They do not need another pawn shop in the west end of Anaheim. Two are already there and another is too much for the subject area. It could turn into pawn shop row and he is opposed. Mr. Wainer questioned why there was not a need for another pawn shop in the area. He feels that area needs more pawn shops. It is a low-income area, there is a need and there is room for competition. Mayor Daly. He agrees with Council Member Pickler. This is not a neighborhood that needs another business of this type. He respects the owner for identifying a market place where he thinks the business might be successful but his obligation is to the community and keeping a good quality of life in the neighborhood. There are homeowners living nearby asking the Council not to approve the use. He is prepared to oppose the application. Approval will set the wrong tone for the neighborhood. Council Member Feldhaus. He asked to hear from the Police Department and Code Enforcement relative to the other pawn shops in the area. John Poole, Code Enforcement Manager. There are very few pawn shops in the City. As discussed in the afternoon joint hearing with the Planning Commission on West Anaheim issues, the subject area is one that needs extra attention. In his experience over the years dealing with different types of businesses, it is his belief that pawn shops do not add to a neighborhood. He is concerned there could be a row of pawn shops and attendant enforcement problems, not so much Code Enforcement, but Police activity if the businesses are not properly managed. It would just be adding another problem to an area they might have to address. Investigator Jim Gandy, Anaheim Police Department. He works Vice but the Police Department does have a pawn shop detail consisting of one detective who handles a full case load and he must monitor all the pawn shops in the City. This is not his (Gandy's) area of expertise. At the Planning Commission hearing according to the detective, Walt Jackson, he does not have the time and ability to fully watch these businesses. They are mostly regulated by the State. At the Planning Conunission meeting, Detective Jackson made the statement he was undermanned and had a full case load of burglaries and thefts that he handles and pawn shops were a secondary responsibility placed on him and he did not have the manpower to monitor all of the pawn shops receipts. Council Member Feldhaus. The focus seems to be on guns, but pawn shops provide other services. The pawn shop he knows about is very well run and the person is actively involved in the City. This applicant deserves at least the input as to how the Police Department might feel. He would, therefore, request that the matter be set over so that they could get the input of Detective Jackson. 258 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 20, 1993 - 5=00 P.M. Mayor Daly. On the advice of the City Attorney, he asked if Mr. Wainer had any further comments he would like to make at this time. Elliott Wainer. He is presently managing a store in South Central Los Angeles. They work hand in hand with the Police Department to recover some stolen merchandise. They work with the Police Department and the victim to get the merchandise back to the victim. He emphasized they work hand in hand with the police. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Pickler, seconded by Council Member Simpson, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Council Member Hunter was absent. MOTION CARRIED. Council Member Pickler offered Resolution No. 93R-63 for adoption, denying Conditional Use Permit No. 3590 with certain findings. Refer to Resolution Book. RESOLUTION NO. 93R-63: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3590. Roll Call Vote on Resolution No. 93R-63 for adoption: AYES: COUNCIL MEMBERS: Pickler, Simpson, Daly NOES: COUNCIL MEMBERS: Feldhaus ABSENT: COUNCIL MEMBERS: Hunter The Mayor declared Resolution No. 93R-63 duly passed and adopted. D2. 179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3581 AND NEGATIVE DECLARATION: OWNER: Hutton Development Company, 201E. Sandpointe, Ste. 300, Santa Ana, CA 92707-8707 AGENT: Reeves Assoc. Architects, Inc., Attn: Lawrence C. Reeves, 417 South Hill Street, Ste. 1100, Los Angeles, CA 90013 LOCATION/REQUEST: The property is located at 8205 E. Santa Ana Canyon Road and is approximately 3.34 acres on the north side of Santa Ana Canyon Road and approximately 1050 feet west of the centerline of Weir Canyon Road. The request is to permit an automotive repair facility including the retail sale and installation of automobile parts and accessories with waivers of (A) minimum setback adjacent to a freeway, (B) permitted freestanding sign, (C) permitted wall signs and (D) permitted roof-mounted equipment. ACTION T~tKEN BY THE PLANNING COMMISSION: CUP NO. 3581 GRANTED (PC93-24) with nine added conditions (6 yes votes, and 1 no vote. Waiver of code requirement APPROVED, IN PART, waivers A, B and D GRANTED, and waiver C DENIED. Approved Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Council Members Daly and Pickler at the meeting of March 16, 1993, and public hearing scheduled this date. 259 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 20, 1993 - 5:00 P.M. PUBLIC NOTICE REQUIREMENTS MET Publication in Anaheim Bulletin - April 8, 1993 Mailing to property owners within 300 feet - April 8, 1993 Posting of property - April 9, 1993 PLANNING STAFF INPUT: See staff report to the Planning Commission dated February 22, 1993. City Clerk Sohl announced that the proponent has indicated he wishes to request a continuation of tonight's public hearing which was made known to her only shortly before the meeting. Mayor Daly asked to hear from the applicant. APPLICANT'S STATEMENT~ A1 Meloro, National Director of Site Development for Pep Boys. He ' is asking for a 30-day continuance. They met with the hospital this afternoon and were unable to come to an agreement on mitigating some of the items of concern. They want to continue the public hearing to do that. They would also like the opportunity to see what the concerns are of those who have written letters in opposition in order to meet with them and explain the application. He realizes a lot of people are present on the issue tonight in opposition and have been inconvenienced just as he has by coming from Philadelphia. Mayor Daly asked Mr. Meloro if he had something in writing to submit regarding the continuance. (He had nothing to submit.) He asked the City Attorney to speak to the matter. City Attorney Jack White. His advice to the Council as in the past, because there has been no previous continuance request, in order to afford due process, it would be appropriate to grant the request for continuance. That does not mean that the Council could not take some public testimony tonight if there are people who are present and cannot attend the next meeting. It is his advice that the request for a continuance be granted and the hearing put over to a time convenient to all parties. Mayor Daly. Besides polling the Council, he would like to informally poll the audience and hear from a spokesperson for the adjacent property owner. Floyd Farano, Attorney, 2100 S. State College Boulevard, Anaheim. He would ordinarily not object to such a request but in this instance he does not believe Mr. Meloro's reasons for a continuance are valid. Many people are present tonight. He does not know how many are present in favor or in opposition and would like the Mayor to inquire how many are in opposition. City Attorney White. He does not have any objection to that type of a poll but if the Council wishes to take testimony they can do so if it is understood that no action will be taken until a later date. The hearing can be open, testimony taken and the public hearing subsequently continued. Floyd Farano. They met with the applicant this afternoon. The possibility that there is any kind of door open for a reconsideration of the protestants position is ill-conceived and misunderstood. It was made clear during over one hour that the only position the hospital would ever take would be in 260 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 20, 1993 - 5:00 P.M. opposition. They would support a different location and extend any assistance in finding a different location but had expressed they would in no way agree with this particular location. They made it clear (Pep Boys) they were there to stay and would not consider that. The letters given to the City Clerk this afternoon, Mr. Meloro told him in a private conversation they were pretty much form letters. He (Farano) made a point, what would he do if 50 people were in the audience in opposition. Why handle it any differently than if there were 50 people in the audience. A lot of people are present including doctors and it would be a great inconvenience for them to have to come again. At the very least, public testimony should be taken tonight to preserve the record. He asked that the Council deny the applicant's request for a continuance. Council Member Pickler and Mayor Daly were amenable to the request for a continuance. The Mayor announced that testimony would be taken tonight and the public hearing subsequently continued for 30-days. He thereupon opened the public hearing. Floyd Farano. He will go along with a 30-day continuance but is not sure if he will be available in 30 days. The Council should know he might ask for a different date. PUBLIC DISCUSSION - IN FAVOR: Lawrence Reeves, Architect in Los Angeles, Representative of Pep Boys. Originally the building was located within 15 feet of the hospital with the service bays facing the main street. There were also a number of other problems at the Planning level. They were asked at the Planning Commission meeting in work sessions to try to answer some of the people's concerns. They turned the building 90° and faced the service bays completely away from the hospital. They are currently 300 feet away from any patient area. In the last ten to twelve projects, they have done sound studies. In this case the sound study indicated that.no sound higher than the ambient sound of the freeway would ever get back to the hospital. Another concern was that the loading area was too close. It is now about 200' away. They will only use three trucks a week picking up in a fully enclosed loading dock with sound abating material in it and only during business hours. Signage was also reduced to meet the signage requirements of the City. They have met or exceeded all parking requirements and landscaping requirements. One of the other major concerns was that they not be able to see air conditioning units or other units. There is no air conditioning or other roof top units visible from %he hospital at this time. The use is predominantly retail - 85% retail, 14% service. It is an ancillary use to the project and not the prime use. They are present for a CUP because the retail use is allowed and the service use requires a CUP. They would like a favorable decision. PUBLIC DISCUSSION - IN OPPOSITION~ Father Gabriel Ashe, Pastor, Saint Luke's Orthodox Church, Garden Grove. He has lived in the Anaheim/Nohl Ranch area since 1965 and is the founding Chairman of the Interfaith Chapel at Anaheim Memorial Hospital. He is dismayed with the proposed automotive center close by. He did his own study having observed the activities and sounds from a Firestone Dealership in the automotive area of a K-Mart. The proposed use will be 80 yards 261 C£t¥ Hall~ ]tnshe~a~ Cal~forn£a - COUNCIL MINUTES - APRIL 20, 1993 - 5:00 P.~. from the entrance of the hospital which would undoubtedly be a detriment. He does not know how such a facility could even be considered so close to a health care center. Dr. Howard Emery, 7755 E. Orangewood, practicing emergency medicine at the medical center. For the past two years he has been developing his medical practice in the former temporary facility and now in the new Anaheim Memorial Medical Plaza. It is an architectural treasure. The building is one that gives people pleasant surroundings and makes them feel good about coming for medical care. It is an area where people are looking for a certain ambience. The quietness of the area is important. It is not an atmosphere compatible with the proposed use. This would negatively impact the opportunity for him to develop the type of practice he is trying to develop. John Sloane, President and Chief Executive Officer, Anaheim Memorial Hospital, 111 W. La Palma Avenue and also the facility in east Canyon. They searched about a year to find a location conducive to treating patients in that area. They paid 4.5 million dollars for the property, but with some protection for their investment - the fact that it was in the scenic corridor and, therefore, an automobile repair facility or some similar facility would not be placed within 80 yards of their lot. Sean Reyes, 6015 Babbling Brook Way. As a resident, he is appalled to find the project is even being considered. They have no desire to have the welfare of the community auctioned off in search of tax revenue. He asked that the Council consider the following concerns which are specific to the residents; they do not need an additional auto repair center in the area, it is immediately visible from the freeway and Santa Canyon Road, the community will be forced to deal with additional crime, abandoned vehicles and people working on cars, it is inappropriate for Pep Boys to be located next to a medical building. He requested denial of the CUP. Mayor Daly stated for Mr. Meloro that in accordance with his request for a continuance, the Council will attempt to accommodate him as close to the 30-days as possible. City Attorney White. Four weeks will be May 18, 1993 and five weeks will be May 25. He would suggest that the applicant defer any rebuttal comments until after the next hearing where all rebuttal and all additional testimony will be taken at once. MOTION: Council Member Daly moved to continue the public hearing to Tuesday, May 18, 1993. Council Member Pickler seconded the motion. Council Member Hunter was absent. MOTION CARRIED. D3. 179: PUBLIC HEARING - WAIVER OF CODE REOUIREMENT, CONDITIONAL USE PERMIT NO. 3588 AND NEGATIVE DECLARATION: OWNER: Dvan-Song Lee and Hui-Ding Chen, et. al, 2121W. Mission Road, Alhambra, CA 91803 AGENT: Amer E1-Rousan, 1275 N. Gilbert Avenue, ~100, Fullerton, CA 92633 LOCATION/REQUEST: The property is located at 1210 South State College Boulevard, Unit "C" and is approximately 1.36 acres located on the east 262 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 20t 1993 - 5:00 P.M. side of State College Boulevard approximately 200 feet south of the centerline of Ball Road. The request is to permit a cabaret (adult entertainment businesses) within an existing sports theater with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3588 DENIED (PC93-30) (4 yes votes, 2 no votes, and i absent). Waiver of code requirement DENIED. Approved Negative Declaration. HEARING SET ON: The decision of the Planning Commission was appealed by the Agent, Amer E1-Rousan and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - April 8, 1993 Mailing to property owners within 300 feet - April 8, 1993 Posting of property - April 9, 1993 PLANNING STAFF INPUT: See staff report to the Planning Commission dated March 22, 1993 and Memorandum dated April 14, 1993 from the Zoning Administrator, Annika Santalahti to the City Manager/City Council. Annika Santalahti, Zoning Administrator. She summarized the specifics of the request as outlined in the staff report. She also referred to her memorandum of April 14, 1993 which contained conditions recommended by staff in the event the use was approved by the Council. The Planning Commission denied the Conditional Use Permit after public input and discussion. Mayor Daly. Memorandum dated April 14, 1993 from the Zoning Administrator summarizes some of the conditions that have been discussed which might potentially apply to the project. Mayor Daly opened the public hearing. APPLICANT'S STATEMENT: Roger Diamond, Attorney, Representing the applicant, 2115 Main Street, Santa Monica, 90405. They have reviewed the relevant ordinances of the City with respect to the project. The very stringent existing adult zoning ordinance in Anaheim severely restricts where in the City one could lawfully operate such a business. The adult zoning ordinance of the City was enacted under a compulsion of Supreme Court Decisions which essentially held that while cities may not totally ban adult businesses, cities under the First Amendment of the United States Constitution may not totally ban them but may regulate where they are located. With respect to location, the courts have looked carefully at the effect of adult zoning ordinances to see if under the guise of regulations as to location, cities have effectively banned such business by making it impossible to find a location that would satisfy the stringent distance restrictions imposed by ordinance. He reported on a recent court case where the US Court of Appeals for the Ninth Circuit upheld an injunction by the Federal District Court enjoining the City of Los Angeles from enforcing its ordinance relating to adult businesses. He thereupon elaborated on the provisions of the existing City ordinance especially with 263 City Ha11~ Anaheim, California - COUNCIL MINUTES - APRIL 20t 1993 - S~00 P.M. regard to distance restrictions. His client's business is located on property that does satisfy the very stringent distance restrictions imposed by prior ordinances of the Council. Last year, they filed a lawsuit with the City on December 1, 1992 because the City had imposed requirements that they felt were invalid because they vested too much discretion in the hands of City officials. The courts have ruled there is such a potential for abuse by elected officials that they might arbitrarily deny licenses for such businesses based upon moral, religious, ethical or subjective reasons. The courts have said cities cannot exercise discretion with respect to these kinds of businesses because if they can do so, they would more than likely turn down the business. Based upon the lawsuit, the City amended its ordinance and all that is left is Section 18.03.030 and .037. The City Council shall grant the CUP if certain facts can be demonstrated. He briefed the provisions comparing those with the proposed business noting whether the City "wins" or "loses" on the provisions. Mr. Diamond then addressed the parking noting that there was sufficient parking for a sports theatre and whether it is a sports theatre or cabaret, the parking is the same, which under the parking ordinance does have enough parking. In addition to the staff report demonstrating there is sufficient parking, they also independently retained a traffic engineer to do a traffic study and the professional traffic engineer certified there is sufficient parking for the proposed use. They believe that under all objective considerations, the project should be approved under every single element the Council is legally authorized to consider. There is a freedom of speech issue when it comes to book stores, theaters, movie theaters and expressive activities where cities lack the power to ban these businesses. He reiterated they believe under every single criteria the City may objectively utilize, they comply. They have gone over the conditions and are generally in agreement. They do have some exceptions. City Attorney White then confirmed for Mr. Diamond that the record will include a copy of the traffic study referred to by Mr. Diamond. The staff report that includes that recommendation is also part of the record together with a good deal of the material. Mr. Diamond. He believes the Constitution of the United States would preclude denial of the project. They are prepared to respond to any legitimate argument. He does anticipate for religious and moral reasons there will be opposition. He urged that the ¢0un¢il grant the request for the CUP and if it should turn out that a problem develops that was unanticipated, Council retains broad powers to revoke the CUP or to add different conditions. Mr. Diamond then posed questions relative to a recently adopted adult zoning ordinance and asked if it applied to this particular project. The questions were answered by the City Attorney. 264 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 20, 1993 - 5=00 P.M. Mayor Daly then asked if there were any additional testimony in favor of the proposed business; from the audience someone answered that Mr. Diamond had covered everything. City Attorney White. Before the public hearing is closed, either now or at the time of rebuttal, Mr. Diamond or Mr. E1-Rousan should indicate which conditions they find objectionable. Once the hearing is closed, it is too late to argue about conditions. If the City Council approves the permit, the applicant needs to know under what conditions. He recommended those be discussed now or at the time of rebuttal. Mr. Diamond. He will assert and represent that the City apparently has a policy of totally banning adult businesses anywhere in the City and Officer Gandy has been assigned the task of discouraging businesses of this nature from operating. He then explained why. Council Member Pickler. Speaking to the applicant, (E1-Rousan) he has heard what is going on with this application and the outcry from the people in the area. The people do not want the facility but Mr. E1-Rousan still wants to go ahead. Mr. Amer E1-Rousan. He answered yes. When they first filed a lawsuit December 1, 1992, it was not only Officer Gandy but also Don Yourstone, the Code Enforcement Officer who talked to some of the tenants in the shopping center and told them that the business will bring crime to the area. Mayor Daly. The applicant indicated he will be commenting on the proposed conditions after hearing from those in opposition. He asked first if there were any additional speakers in favor; there were none. city Clerk Sohl. She would like to place in the record that Council has received 599 letters and 63 telephone calls in opposition to the proposed business. Sharon Ericson, 6401E. Nohl Ranch Road, Anaheim. This is the first she has heard of the application and she is not speaking for or against it. She would like to know what kind of business is being proposed. What are the employees going to wear or do. City Attorney White. The specifics of the proposal are contained in the staff report, but it basically involves nude and semi-nude dancing girls dancing on a raised platform or stage in a theatre that will not serve alcoholic beverages. PUBLIC DISCUSSION - IN 0PP0glTION~ The following people spoke in opposition and their main concerns/comments summarized: Barbara Ward, 2545 E. Whidby Court, Anaheim. Her real estate business in the same center will be adversely affected by the proposed business. Many young people frequent the businesses across the street after school. There is inadequate parking. Liz Cason, 1118 S. East Street, Anaheim. Family values are important to the neighborhood and they do not want to give them up. Nine hundred (900) to 1,000 signatures of opposition were delivered to the Mayor's Office today. There are four schools in 265 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 20, 1993 - 5=00 P.M. the area and a computer learning school in the same center. There are many family restaurants in the area which they consider part of their community family. Dr. Richard Gubler, 1210 S. State College, Unit G, Anaheim. He has a concern for the safety of his patients and the quality of his business. The theatre initially proposed was not to be an adult nude show. Parking is going to be a problem. Mary Hibbard, Clergy person, Anaheim United Methodist Church. She represents 1,000 church members. This business is an attack on their religious and moral values and has no place in their neighborhood. Marilyn Hauk, 601 Camino Correr, Anaheim. A lot of young girls attend the Barbizon School across the street. Not many mothers would allow their daughters to attend if the proposed business is established across the street. Alfonse Rasquel, District Manager, E1 Torito Restaurants. There is no parking in the center or in the immediate area when the Angels or Rams are playing at the Stadium. There is insufficient parking. E1 Torito is a family oriented restaurant. Bob Wayler, 1240 S. State College, Building Manager for the office building adjacent to the proposed business. He is also in charge of the entire parking lot. Parking is a major problem. The computer school has almost 300 students. He is concerned with the appearance of the building, the vacancy factor and the potential loss of many of his tenants. Richard Noll, 2011 Norman Place, Anaheim. The proposed establishment will do nothing but bring down the surrounding neighborhood. Dr. Denise Martin, 1210 S. State College, Unit D., adjacent to the proposed business. She is concerned about her patients, her community and her well being as well as noise, parking and semi-nude entertainment. The noise problem from the business even now is a detriment to her practice and she stands to lose three of her doctors, staff and her patients. She will stand to lose everything she has built. Dr. Robert Martin, 1210 $. State College, Unit D. He reiterated some of the concerns expressed by his wife Denise as well as other concerns. Parking is also a particular concern. He would like to know who performed and paid for the parking study. He also asked how many people wrote letters in opposition and how many in favor. (City Clerk Sohl confirmed that 599 letters were received in opposition and no letters in favor.) David Bowden, Owner, Anaheim Schwinn Cyclery. His business has been located on the other side of the cabaret since 1981. He resents being told by the attorney that if he is opposed it is unconstitutional. He does not know how the business can be profit making without alcohol. It will bring prostitution and drugs to the neighborhood. Parking is a big problem. This business will not help any of the other businesses in the center. 266 City H&I1, Anaheim, California - COUNCIL MINUTES - APRIL 20, 1993 - 5:00 P.M. Billie Thompson, Owner, Lightning Copy Center, 1210 S. State College, Unit M. Three other ladies and one teenage daughter works in her business. The teenager will have to quit if the subject business is allowed. It will not help any of the established businesses. Dr. Michael Adams, 1210 S. State College. (Associated with Dr. Martin) Generally the center is clean and well maintained but on occasions there are vagrants. With the proposed business, these types of incidents will increase. If the business is opened, he will have to break his contract with Dr. Martin and move elsewhere. Rick Roshan, 1240 S. State College, Partner in the Sand Dollar Financial Plaza. They have been deceived all along. The bar will be totally nude. He is concerned about his tenants, parking and property values. Jim Ward, 2545 E. Whidby Court, Century 21, President, Action Associates. The business is going to serve the prurient interest of the neighborhood. Mr. Diamond has set it up as a two part issue. He is focusing on moral and religious issues hoping to get a constitutional case. He assumes there was a "battle plan" set up to do just that. Marlee Meelock. She works at Lightning Copy. She empties the trash at the copy center many times a day and the dumpster is by the proposed theatre. Sometimes vagrants hide behind the dumpster. She will not be emptying the trash in the future because of safety considerations. John Freeman, 2035 E. Norman Place. The age requirement is 18 years or older. The applicants have been requested to up the age limit to 21, but they have refused. The Police Department would be able to police the establishment if liquor was being served. He questioned if the City will be able to police the business under similar circumstances without liquor being served if the permit allowed. Massoud Roushan, Owner of Sand Dollar properties. His tenants told him they are going to move out if the business moves in. There is not enough parking and this is not an environment for this type of business. Jeff Kirsch, 2661 W. Palais, Anaheim. He questioned if there is evidence that similar businesses in other cities have attracted crime. June Lowry. Citizens also have rights established under the constitution and through the Supreme Court. (She cited a particular case involving a theatre in another city which gave municipal agencies the power to impose restrictions.) The citizens have rights and those rights are in the majority and not the minority. Bob Miller, 1303 Arlington, Anaheim. He wanted to know what the applicant was going to sell in order to make a living from the business and be able to pay his dancers. 267 City H&11, Anaheim, California - COUNCIL MINUTES - APRIL 20, ~993 - 5~00 P.M. Jerry Ames, 1234 Arlington, Anaheim. He also wonders how this will be a viable business. He questions if Mr. Diamond is setting up another delusion so he can sue the City and if the business is ever really intended to be established. At this point Mayor Daly asked to hear from a representative of the Police Department. Investigator, Jim Gandy, Vice Detail. The Police Department wanted to know what type of impact this type of business would have on the community and the calls for service it might generate. A similar business in Ontario was surveyed and violations noted. He gave the results of the investigation noting that in Ontario there were 76 calls for service from the police department in 1992 for violations ranging from prostitution to thefts. In their estimation, this one business would generate about twice as many calls for service as all of the businesses presently located in the subject center. In the City, there are two areas of concern to the Vice Detail regarding prostitution activities - Harbor Boulevard and Beach Boulevard. They are aware that this activity is spreading throughout the City and the girls are always looking for some place else to go. Based upon facts, this will be another area the police will have to target for prostitution. Relative to the age limit, 18 years is considered an adult. With alcohol sales, IDs can be checked for those that might be under 21 and citations issued if there is a violation. If there are 17 year olds inside the business, the police would refer that to Code Enforcement to bring back to the Council regarding a violation of the Conditional Use Permit. Mayor Daly then posed questions relative to the proposed hours of operation which staff confirmed as being 11:00 a.m. to 2:00 a.m. He feels 7 days a week from 11:00 a.m. to 2:00 a.m. is unusual for an establishment which does not serve alcohol. City Attorney White. Any conditions including relating to hours of operation would need to be related to and necessitated by a finding that without imposing that condition one or more of the seven criteria contained in the Anaheim Municipal Code would be violated. It would then be appropriate without that condition to deny the permit. The conditions including hours of operation would need to be looked at from the standpoint of whether or not without imposing those greater restrictions the use would violate one of the criteria in the code that gives the Council the bases upon which to deny this type of permit. Those seven criteria have been generally enunciated by Mr. Diamond in his presentation. Mayor Daly asked if he is saying to restrict operating hours somewhat more restrictive than the applicant has requested that they must meet the constitutional test. City Attorney White. The Council could deny it if it is established that the use at the proposed location is insufficiently buffered in relation to residentially zoned areas so as to adversely affect said areas. If without closing at midnight instead of 2:00 a.m. the Council determines that noise could adversely impact the surrounding residential area, they could determine that noise would be created by this use and, therefore, it is necessary to limit the hours of operation so as not to interfere with the residential use of the property. That would be an adequate basis on which to impose a more limited time condition. The applicant can stipulate to different hours. One of the reasons he requested discussion on the conditions is to find out what the issues are with relation to the conditions. 268 City Hallr Anaheim, California - COUNCIL MINUTES - APRIL 20, 1993 - 5~00 P.M. Mayor Daly. He asked the City Attorney his recommended approach on the conditions. He referred to the memo from the Planning Department. City Attorney White. Staff recommendation, if the Council approves, is that the Council impose each of the conditions set forth in the original Planning Department report dated March 22, 1993. There a five conditions - Condition No. 2 has several sub-parts. In addition, there are additional Conditions No. 6 through 21 contained in the Planning Department Memorandum dated April 14, 1993 and further to revise Condition Nos. 1 and 4 that were in the original report to read as set forth in the April 14 memo. That is the staff recommendation. Those should be the conditions he would recommend the Council request the applicant to address as to whether those are acceptable. If not, which ones are not and for what reasons. Mayor Daly. He asked if there is anything to prevent the Council from suggesting additional conditions; City Attorney White answered absolutely not. Mayor Daly asked if the applicant has seen the April 14, 1993 memo; Annika Santalahti. She answered yes. One copy was picked up Friday and the other was mailed out. Mayor Daly. Council Members have copies of the conditions. If there are any questions on the conditions or the rationale behind them, he suggested that those be answered now by staff before discussing the potential conditions with the applicant. There are a total of 21 conditions. SUMMATION - REBUTTAL BY APPLICANT: Richard Diamond. He will try to go through point by point some of the issues raised by the opposition. Most seem to oppose this use anywhere in the City. If not at this particular location, where in the City could the business be established. He then spoke to many of the issues brought forth also reiterating some of the comments he made in his opening presentation referring to the Anaheim Municipal Code. Mayor Daly. He interjected and asked that Mr. Diamond summarize his major points. When Mr. Diamond is concluded, he (Daly) will highlight the conditions. He felt that it may be better to do that now so that Mr. Diamond can direct his comments to the conditions. He then summarized the conditions noting that it is not a complete reading of the conditions, but a summary of the highlights of the conditions. That no "Special Events" permits shall be issued for this business. That no signage other than the business name ("Sahara Club") shall be permitted on the exterior of the building and that no signage shall be posted inside the windows visible to the exterior of the building. That the hours of operation shall not exceed 11:00 a.m. to 2:00 a.m., seven days a week. (Mayor Daly stated that he was going to suggest slightly more restrictive hours.) That the applicant shall post and maintain signage restricting the age of customers to twenty one (21) years and older. 269 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 20, 1993 - 5:00 P.M. That the number of patrons on the premises at any given time shall not exceed seventy-five (75). That at least five (5) security guards shall be provided by the applicant during business hours: three (3) inside, one (1) at the door, and one (1) in the parking lot. The inside security guards shall assure that there is no physical contact between the dancer/entertainers and the customers. That no customer re-entry shall be permitted without the customer first paying an additional admission fee. That there shall be no "table dancing" or "lap dancing" and that all dancer/entertainers shall perform only on the stage. That a minimum six (6) foot setback, including a brass rail or similar barrier, shall be provided and maintained between the stage and the customers at all times. That a roped aisle shall be provided for dancer/entertainers entering and exiting the stage to and from the locker room to prevent any physical contact between the dancer/entertainers and the customers. That every dancer/entertainer who is an independent contractor (rather than an employee) shall maintain a current City of Anaheim business license. That all employees and independent contract dancer/entertainers shall be drug tested at least every six (6) months by a health care provider or laboratory approved by the City, and that certified results of such tests shall be provided to the City upon requests. That the wall adjoining the chiropractor's office (to the north of subject premises) shall be acoustically treated to eliminate any noise or vibration passing through said wall. That a parking management plan shall be submitted to the City Traffic and Transportation Manager for review and approval to ensure that employee parking is directed to an area having the least impact on neighboring business tenants. That a reciprocal parking and access agreement between subject property and the other three (3) parcels comprising subject commercial center shall be submitted to the Planning Department for review and approval by the City Traffic and Transportation Manager and the City Attorney. Following approval, the agreement shall be recorded with the Office of the Orange County Recorder and a copy of the recorded document shall be submitted to the Planning Department. That the floor plan (Exhibit 2) shall be revised to reverse the locations of the men's rest room and the women's rest room so that the men's rest room is not opposite the locker rooms. Mayor Daly stated these are in addition to four comments previously submitted with the original staff report to the Planning Commission. Staff is suggesting revisions to Condition No. 1 that the Conditional Use Permit is granted for a period of one year and that the permit shall expire at midnight on April 20, 1994. 270 City Hall, Anaheim, california - COUNCIL MINUTES - A~RIL 20, 1993 - 5=00 P.M. Mayor Daly reiterated that this is not verbatim but a summary of some of the conditions presented by staff, he asked that Mr. Diamond focus on questions or concerns or agreement that they have with all of the conditions. Amer E1-Rousan. Me stated he agreed with the majority of the conditions and they are reasonable, however, Condition No. 13 in the April 14, 1993 memo, prohibiting table dancing will be a concern. The dancers main income is from tips they make in the club. This condition would stop them from making money because they are living on tips. He was also asked that question previously - if there was going to be nude table dancing and he said no. The dancers will not be doing a nude table dance. They only appear nude on stage. Mayor Daly. He asked if he would be willing to stipulate that there shall be no nude or semi-nude table dancing; Mr. E1-Rousan stipulated to no nude or semi-nude table dancing. The dancers are in a bikini when they do a table dance. Mr. E1-Rousan. Relative to the minimum 6 foot setback regarding both the table dancing and the stage, he has a comment. No alcoholic beverages are intended to be served on the premises; therefore there is no stage setback since it would be in conflict with any ordinance. Table dancing is the only income for the dancers besides the one they get on the stage. As it is common in all such businesses, it cannot be denied or taken away - the table dancing. Mayor Daly referring to Condition No. 14 stated Mr. E1-Rousan is saying that the suggested condition for a 6 foot setback including a brass rail or similar barrier is related to an alcohol permit and since he is not serving alcohol, why the 6 foot barrier. He asked staff the rationale; Annika Santalahti. That requirement came from the desire to keep the dancers and customers apart. City Attorney White. He asked Mr. E1-Rousan what minimum separation would be acceptable; Mr. E1-Rousan. Two (2) feet and the stage is also high, approximately 30 inches. Council Member Pickler. The concept is the dancers are on stage and people will slip a dollar into the pantie or whatever. He asked what they did with that. Mr. E1-Rousan. The patrons cannot touch the dancer. When table dancing, they pay the dancer for whatever is charged. They give it hand to hand. Investigator Gandy. In the places they have been in with table dancing, that is where the dancers make the most money. They make a few dollars on the stage, the term used is "the bigger the bill, the bigger the thrill". It is really the dancer who will touch or allow being touched - it is her decision and not so much the management. The girls are not wearing anything except shoes. Mayor Daly. Me questioned if there were any other conditions. Mr. E1-Rousan. Regarding the wall between their business and the doctor's office, he went to the doctor today to see if there was noise coming through and they would not let him in. He would agree to it. Me will treat the wall and agree to it if they will let Code Enforcement come out and see if it is needed. City Attorney White. They have heard testimony from the chiropractor in the adjacent office that they can hear noise through the wall right now. He is 271 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 20, 1993 - S~00 P.M. not sure that it is in dispute that noise is capable of being heard through the wall. The point of the condition is to provide that the wall will be treated to eliminate any noise once the use is in operation, the music is playing and customers are applauding or yelling in order to avoid any of the sound coming through the wall and into the doctor's office. Mr. E1-Rousan stated he would take the judgement of a City professional; City Attorney White suggested that the condition be left as is and if there is a problem, staff will be out to monitor the situation. Mr. E1-Rousan. Regarding the age limit, they respect 18 as the legal age as it is specified by the State Legislature. Eighteen (18) years is considered an adult and they can get into adult businesses. Not allowing 18 year old patrons inside will be considered as discrimination. Richard Diamond. He took issue with what Officer Gandy said relative to remedies by the Police Department. There is a State statute that makes it illegal to exhibit harmful matter to minors. It would be a violation of State' law to allow anyone under 18 to go in there. The police do have an adequate remedy under existing law to make sure under-age persons do not get into the establishment. Mr. E1-Rousan will make sure that I.D.'s are checked. He confirmed for Council Member Feldhaus that it is in the Penal Code Section 311. That section talks about exhibiting harmful matter to minors. That would prohibit anyone under 18 from getting in. Mayor Daly. City staff is suggesting 21 is the minimum age and that signs be posted to that effect. The applicant is saying he does not want to comply; City Attorney White. It is an interesting argument on age discrimination under State law. He does not feel strongly about that. City Attorney White. The conditions would include conditions in the March 22, 1993 staff report, the original conditions 1 through 5. He is not sure they went over those in detail. Mr. E1-Rousan. They will honor those conditions. He will also keep employees drug free. It was not a condition but he offered to do that. City Attorney White. Answering the Mayor, he stated that Mr. Diamond needs an opportunity to continue his rebuttal of the opposition. He does not believe it has been completed. Richard Diamond. It is not necessary to complete unless there are questions or comments. If there is a problem with vagrancy now this business will get rid of that because there will be security guards and they want to upgrade the area. Mr. E1-Rousan. There will be five security guards. He wanted to limit that to four - two inside, one at the door, and one outside, but listening to the testimony, five would be acceptable. Barbara Ward. Having heard the conditions in the hours of operation and age of the people and the issue of security and safety - they have heard five security guards - three inside, one at the door and one in the parking lot. That will protect the girls dancing inside but not those working in the center. She works in her office sometimes until 9:00 p.m., as well as others in the center. There is not adequate protection for her or others and she does not see an adequate way to give that protection. 272 City Ha11~ Anaheim~ California - COUNCIL MINUTES - APRIL 20, 1993 - 5:00 P.M. Mayor Daly closed the public hearing. City Attorney White. He would suggest if the applicant would stipulate that Council possibly consider two security guards outside, two inside and one at the door; Mr. E1-Rousan he will honor that. Council Member Pickler. There has been discussion about changing the hours from 11:00 a.m. to 12 midnight instead of ll:00 a.m. to 2:00 a.m. Mayor Daly. Because no alcohol will be served, there is a disagreement. The suggested condition is 21 but the applicant is not inclined to agree with that. With those 18 years old and the 2:00 a.m. closing time, he is struggling to understand the market so he is suggesting closing at midnight seven days a week. He is not comfortable allowing the business to remain open until 2:00 a.m., 2:00 a.m. is an alcohol related business and they are not serving alcohol. Mr. E1-Rousan. Most of these businesses are open until 4:00 a.m. because they do not serve alcohol. He is asking only for 2:00 a.m. and not 4:00 a.m. He then suggested hours of 1:00 p.m. to 2:00 a.m. instead of 11:00 a.m. to 2:00 a.m. Mayor Daly. He asked Mr. E1-Rousan if he is stipulating to hours from 1:00 p.m. to 2:00 a.m.; Mr. E1-Rousan stipulated to the hours of 1:00 p.m. to 2:00 a.m. Council Member Feldhaus. He believes anytime someone or something is offensive to another or a detriment to the society, they should move on to a new location where no one is offended. There are many people that do not want the business in their area and neighborhood. He is not going to support the conditional use permit and would just as soon battle it out in court. Council Member Pickler. He believes it is a "slimy" operation and gets down in the gutter. That is a personal view. It caters to an element that causes problems. A standard question when approving projects is, is it detrimental to the health, safety and well being of the neighbors and the people in the shopping center. It is detrimental. There is not enough parking. There should be 1,517 spaces and what exists is 549. The fact that they came to the City and said they were putting in a theatre, he does not know but they might have a case as far as fraud is concerned. He would be willing to help them find another place. It should be in another area that will not affect the residential area and the schools. Mr. T's caters to Katella High School. He would like to see the law changed where such businesses as the one proposed would not be allowed. Mayor Daly. He agrees the business is not a good idea. The proposal is not keeping with the immediate adjacent uses. It may lead to declining property values. There are schools in the neighborhood. One of the major churches in Anaheim and a major park is two blocks away. He believes they have many reasons to say no to this application. He is not sure he agrees that there are other locations for this establishment. There are many unanswered questions. He does not like the fact that it was proposed as one use a few months ago and then there was a quick about face. That is wrong and says a lot about the kind of business it is going to be. He will be opposing the conditional use permit. Council Member Simpson. Without presuming to talk about the legality or illegality of the issue, it is a moral issue with him. He doubts if the 273 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 20, 1993 - 5:00 P.M. framers of the Constitution ever had in mind what is being done with the First Amendment. The moral decline came in the mid to late 60's, when they began to reinterpret the Constitution and gave more rights to the criminal and perpetrators than to victims of crime. There is a decline in family values and moral values and he could not support the request on that basis. If it goes to court, he will be going on the basis of principal. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Daly, seconded by Council Member Pickler, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Council Member Hunter was absent. MOTION CARRIED. Council Member Daly offered Resolution No. 93R-64 for adoption, denying Conditional Use Permit No. 3588 based upon certain findings as supported by evidence presented and also opposing waiver of the parking requirement. Refer to Resolution Book. RESOLUTION NO. 93R-64: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3588. Roll Call Vote on Resolution No. 93R-64 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Pickler, Simpson, Daly None Hunter The Mayor declared Resolution No. 93R-64 duly passed and adopted. Cl. COUNCIL COMMENTS: 114: ADDITIONAL JOINT MEETINGS WITH THE CITY PLANNING COMMISSION: Council Member Simpson. Today's workshop with the Planning Commission was very beneficial and he got a lot out of it. He suggested that the Council meet on a quarterly basis with the City's key Boards and Commissions. Mayor Daly. He believes they should look towards that as a goal - quarterly meetings at least with the City Planning Commission (every 3 months). He does not believe that at this time they will be able to meet on a quarterly basis with the others. City Clerk Sohl. She assumes that any additional meetings will also have a 2:00 p.m. start time before scheduled City Council meetings. 114: GRAFFITI SECURITY FORCE: Council Member Feldhaus. He is asking again for Council approval or consensus to proceed with his proposal to investigate the possibility of a security service to help stop graffiti in the areas most effected. He has met with Steve Swaim, Police Chief Molloy and others. He has received several phone calls commending the idea as well as many verbal approvals from citizens. He would like to get the approval of Council to continue to put this together and ask for the City Manager's assistance. 274 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 20, 1993 - 5~00 P.M. Mayor Daly. Two weeks ago, City Manager Ruth said he would be consulting with the Police Department and would bring back an anaylsis of the proposal to the Council with possible ways to implement such a program City Manager Ruth. He is hopeful that the report will be submitted by next week. That is the target. ADJOURNMENT: By General Consent the Council adjourned. Council Member Hunter was absent. (10:25 p.m.) LEONORA N. SOHL, CITY CLERK 275