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1993/09/14C£ty Hal. Ir Anahe~usr Cal£~orn:i.a - COUNCXL MXHXJTES - SE _PT_PT_PT_PT_PT_PT~R_ ER 14r 1993 - 5:00 P,M, The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Feldhaus, Hunter, Simpson, Daly COUNCIL MEMBERS: Pickler CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl UTILITIES GENERAL MANAGER: Edward Aghjayan UTILITIES FINANCIAL SERVICES MANAGER: Michael Bell EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich PROPERTY SERVICE MANAGER: Robert ZurSchmiede A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:40 p.m. on September 10, 1993 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the meeting to order at 3:00 p.m. R__EQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. To confer with its Attorney regarding pending litigation pursuant to Government Code Section 54956.9(a) to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46; Anaheim Stadium Associates vs. City of Anaheim, et al., Orange County Superior Court Case No. 44-81-74. Anaheim City School District vs. City of Anaheim, et al, Orange County Superior Court Case No. 71-46-35. Adams International Metals vs. City of Anaheim, Orange County Superior Court Case No. 69-97-13. Howard Jarvis Taxpayers Assoc. vs. State Board of Equalization, Sacramento Superior Court Case No. CV 36-28-74. b. To meet with the City's Real Property Negotiator concerning acquisition or disposition of certain real property interests for property located generally at Ball Road and the 57 Freeway owned by Simon & Gloria Fluor Trust, Roger and Ruth Miller, lessees. c. To meet with and give directions to its authorized represen~a~£ve rega~[ng laB~ r~la~£~n~ ma~r~ - Government Code Section 54957.6. d. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. e. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(b) (1). 626 C£ty Hall r Anahe---m-r C~_l£:Eorn:i.a - COUNCIL MIHIJTES- SEPTEMBER 14, 1993 - 5500 P.M. f. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager, or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in closed session. By general Consent, the Council recessed into Closed Session. (3:00 p.m. ) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:20 p.m.). INVOCATION: Dr. Robert Knutson, Victory Baptist Church gave the invocation. FLAG SALUTE.'.. Council Member Frank Feldhaus led the assembly in the Pledge of Allegiance to the Flag. 119: PR_RSENTATION RECOGNIZING DONORS TO THE CITY LIBRARIES FUND RAISING EFFORTS FOR FISCAL YEAR 1992/93: Library Director, Bill Griffith accompanied by Mary Raffel, Friends of the Library, presented certificates to the following people, members of Friends of the Library, for their work in the Friends in raising funds for the City's libraries: Ruth Greiner, Anne Perdiew, Bonita Jolissaint, Connie Blomeyer, Ted Millard, Bernadine Detweiler, Earl or Vadine Dahl, Jane Winters and George McLaren. Mr. Griffith also presented certificates of recognition to individuals and groups who donated funds to the library and specific library programs. Mayor Daly and Council Members commended the Friends of the Library as well as the individuals and the groups who donated their time,~ money and effort in assisting the libraries to maintain their services to the community. Mayor Daly. The City is very grateful for the contributions. He also recognized the Gas Company which matched one of the citizen contributions. The City is going to need private donations and private support in the future to maintain the libraries and library programs. That is why it is so crucial that Mr. Griffith and some of the Friends of the Library have set up a foundation which will bear much fruit in years to come. They are honored to have Mr. Davis Taylor, an experienced business member, to head up that foundation. They owe a debt of gratitude to Mr. Griffith and his staff. 119: PRESENTATION - R~COGNIZING EARL_ E. DAHL AND R. DAVIS TAYLOR FOR THEIR SERVICE TO THE LIBRARY BOARD: Mayor Daly first commented on the 28 years of service given by Mr. Dahl as a member of the Library Board. He then presented him with a plaque in recognition of that service. Council Members also commended Mr. Dahl for giving so much of his time to a very worthwhile cause benefitting the citizens of Anaheim. (Mr. Taylor was also commended for his service. He was unable to be present and his plaque will be presented at a later date.) 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council and presented to the Chief Executive Officer Richard Linsday and 1st Sergeant Ed Kostiuk, Principals in the Devil Pups program and for its outstanding youth citizenship development program along with its support of Project SAY. 627 City Hallr Anahe-4mr California - COUNCIL MINUTES- SEP _T~MR__ ER 14r 1993 - 5:00 P.M. Mark Deven, Recreation/Community Services Superintendent. The Devil Pups program is one that the Project SAY program participates in. He then introduced graduates of the program: Martin Magana, Gerardo Ceja, Abraham Aguilar and Joseph Corders who were present at the meeting today. Mayor Daly and Council Members congratulated the graduates and also commended the progr~ and its contributions to the youth of the community. The following were recognitions authorized by the City Council this date to be mailed or presented at another time: Recognizing #Constitutional ObseFvance Day" in Anaheim, September 17, 1993 Recognizing 'Independent Living Month' the month of October, 1993, in Anaheim. Recognizing 'Bullfrogs Day" in Anaheim, September 8, 1993. FINANCIA~ DEMANDS AGAINST THE CITY in the amount of $2,388,122.72 for the period ending August 30, 1993; $3,013,762.74 for the period ending September 7, 1993; and $8,143,907.94 for the period ending September 13, 1993, in accordance with the 1992-93 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:49 p.m. ) Mayor Daly reconvened the City Council meeting. (6:10 p.m. ) ITEMS OF PUBLIC INTEREST: Clarence Nixon, 1138 N. Lotus, Anaheim (40 years). He explained a problem that occurred relative to the fact that the Utilities Department did not receive a recent payment on his utility bill although it had been sent as evidenced by a postal receipt. He expressed concern that a representative of the Utilities Department came out and said he was going to cut off his electricity and services. He does not know what caused the situation to be but feels the people in charge of the department should be informed well enough to know how to handle their business before cutting service off especially since the bill was paid as have all his bills for 40 years. Before concluding, he assured the Council that he is happy to be a resident of the City which has been his home for so long. He has done a great deal of work for the City over the years in the area of public works. Mayor Daly. He apologized for any mix up that occurred. He is asking the City Manager to follow up with Mr. Nixon to see how and why the system broke down in this case, He ~0w~ that generally a warning letter is first mailed. He apologized for any inconvenience cause4. Wyn Ard, Business address 1730 S. Euclid, Anaheim (residents 3314 Faircrest Drive). She referred to the moratorium placed on adult businesses. Her massage business is over 20 years old. Periodically, she needs to hire new massage technicians. She took two ladies down to licensing and was told there 628 City Hallr A~ahe!m-r California - COUNCIL MINUTES- SEP~ER 14r 1993 - 5:00 P.M. was a moratorium on new businesses. She explained her business is not new. She feels that massage technicians should be exempt from the moratorium. Mayor Daly. They will ask the City Attorney to look into the matter and report back at a later date. Mark Alexander Jergis, 130 N. Brookhurst, Roman Spa. (Resident of Irvine. ) They have three employees. Since January 1, 1993, they have applied for a license, were finger printed, paid for the permit, but have not yet received it. He asked how long it takes to get a permit and also if they can hire with a temporary permit. City Attorney White. He believes this gentlemen's questions relate to similar concerns raised by the previous speaker (Wyn Ard) relating to massage establishments and the permit process pending the expiration of the existing moratorium. He will be in contact tomorrow with the licensing office and discuss the process with the License Collector. He believes the matter can be worked out expeditiously. This gentlemen and others with a. similar interest should either be in touch with the License Collector by the end of tomorrow or the License Collector will be in touch with them regarding these issues. Wyn Ard. The technicians at the Roman Spa already paid for their license and permits in January and still have not received them. She is wondering why it takes 9 months between application time and getting the license. She believes what is holding the process up is the Police Department. They say they have not had time to process the permits and licensing will not send out the permits until they get word from the police. Susan Early, a resident of Corona Del Mar, then addressed the Council on an issue that was not within its jurisdiction as clarified by the City Attorney and she was asked to leave the podium. Mike Brown, 320 E. Orangewood, Anaheim. He wants to keep the Council up to date on the vending issue. He then referred to and read articles relating to vending and vendors and the effect and results of street vending on the communities involved. In concluding, he also asked Council Members Feldhaus and Simpson how the meetings were going with the vendors in Anaheim. Council Member $imp~0n. Mr. Brown has a rep0r~ 0£ ~he las~ meeting and there has not been a meeting since; Council Member Feldhaus. He understands from Mr. Amin David that they had a meeting last Wednesday and they unanimously elected a representative to formalize their organization and come back to the City to address the concerns and the restrictions the City would like to place in the ordinance. PUBLIC COMME__NTS - AGENDA ITEMS: Public input received on Item A29 (see discussion under that item). MOTION: Council Member Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of September 14, 629 C£t Hall Anahe4m Cal£forn£a - COUNCIL MXNUTES - SEPTEMBER 14 1993 - 5500 P.M, 1993. Council Member Simpson seconded the motion. Council Member Pickler was absent. MOTION CARRIED. CITY MANAGER/DEPARTMeNTaL CONSENT CALENDAR~. On motion by Council Member Hunter, seconded by Council Member Simpson, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Council Member Hunter offered Resolution Nos. 93R-183 through 93R-186, both inclusive, for adoption and offered Ordinance No. 5389 for adoption and Ordinance No. 5392 for introduction. Refer to Resolution/Ordinance Book. Al. 1185 The following claims were filed against the City and action taken as recommended= Claims rejected and referred to Risk Management: a. Claim submitted by Rick L. Long for property damage sustained purportedly due to actions of the City on or about April 17, 1993. b. Claim submitted by Jene C. and Evelyn H. Wilson for property damage sustained purportedly due to actions of the City on or about February 1, 1993. c. Claim submitted by Anastasia Palega for property damage sustained purportedly due to actions of the City on or about June 6, 1993. d. Claim submitted by Pacific Pioneer Insurance Co., c/o Steven L. Dickenson, esq., for property damage sustained purportedly due to actions of the City on or about February 11, 1993. e. Claim submitted by Catarino & Stello Arellanes for property damage sustained purportedly due to actions of the City on or about August 10, 1993. f. Claim submitted by Claude Marine for property damage sustained purportedly due to actions of the City on or about April 3, 1993. g. Claim submitted by Kelly L. Jenson for property damage sustained purportedly due to actions of the City on or about December 18, 1992. A2. 140: Receiving and filing the Anaheim Public Library Monthly Statistical Report for the month of June, 1993. 105: Receiving and filing minutes of the Senior Citizens Commission meeting held July 8, 1993. 10~ R~ivin~ and filin~ minutes of ~h~ ~Qi~ Ad¥i~ory Commission meetin~ held July 29, 1993. 173: Receiving and filing Application No. 93-08-006 (of Southern California Edison Company) before the Public Utilities Commission of the State of California to establish an Off-System Power Sales Incentive mechanism and Related Substantive and Procedural Relief. A3. 165: Approving a Notice of Completion of the construction of Barrier- Free Anaheim 1992-93 project to construct wheelchair ramps, curbs, gutters, and sidewalks on South Street between Pine and Indiana Streets, and on Water Street between Olive and Helena Streets by Nobest Incorporated, and 630 City Hall r Anaheim-r California - COUNCIL MINUTES - SEPTEMBER 14r 1993 - 5:00 P.M. authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A4. 123: Approving the First Amendment to the Stormwater Permit Implementation Agreement to include additional cities, and adjust contributions accordingly. AS. 123: Approving a First Amendment to Agreement with CRSS Constructors, Inc., in an ~mount not to exceed $88,550, for Phase II extended staff services for programs and projects within the Commercial Recreation Area. A6. 160: Authorizing the Purchasing Agent to issue a change order to Canada Wire & Cable, Inc., for an additional amount not to exceed $144,795 (plus applicable tax and reel deposit) for 7,000 feet of 69 KV power cable, bringing the revised purchase order total to an amount not to exceed $1,307,644. A7. 130: B_ESOLUTION NO. 93R-183: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE SUBMISSION OF A CERTIFICATION APPLICATION TO THE FEDERAL COMMUNICATIONS COMMISSION, ADOPTING REGULATIONS THAT ARE CONSISTENT WITH THE FEDERAL COMMUNICATIONS COMMISSION'S BASIC SERVICE RATE RULES AND REGULATIONS, AND ESTABLISHING CERTAIN PROCEDURAL LAWS AND REGULATIONS WHICH PROVIDE A REASONABLE OPPORTUNITY FOR CONSIDERATION OF THE VIEWS OF INTERESTED PARTIES IN RATE REGULATION PROCEEDINGS TAKEN HEREUNDER. A8. 105: Authorizing Jimmie D. Kennedy to maintain an "inactive status" on the Budget Advisory Commission until January 4, 1994. (Jimmie D. Kennedy has been appointed Interim Chief of Police through January 3, 1994. ) Ag. 123: Approving a Master Agreement with the Orange County Conservation Corps to provide services to the City of Anaheim. Al0. 176: RE_SOLUTION NO. 93R-184: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (93-7A) (LaMesa Avenue from 160 feet east of Blue Gum Street to its terminus; waiving Council Policy 216 and public hearing date set for October 12, 1993. ) All. 171: Receiving and filing Resolution No. 8413 adopted by Metropolitan Water District Board of Directors, levying taxes for the Fiscal Year commencing July 1, 1993, and ending June 30, 1994 for the purposes of the Metropolitan Water District of Southern California. A12. 123: Approving the First Amendment to Agreement with Carolyn Griebe and Associates in an amount not to exceed $25,000 for coordination and facilitation services in connection with the City's anti-graffiti programs. 106: Amending the FY 1993/94 Budget by :rans£erring $25,000 from CDBG Contingency Account No. 235-411-7115-8695 to the City of Anaheim Code Enforcement Budget Account No. 235-418-3269-7825. A13. 123: Approving a Grant Agreement with Anaheim Interfaith Shelter, Inc., (AIS) in the amount of $30,000 for emergency shelter and support services to homeless families in Anaheim. Al4. 123: Approving an Amendment to a Grant Agreement with Anaheim Interfaith Shelter, Inc., (AIS) to reallocate funds originally awarded for rehabilitation to be used to meet operating costs. 631 C£t¥ ~_allr Anahe'im-r ~al4forn'ia- COUNCXL MINUTES - SEP~ER 14r 1993 - 5~00 P,M. A15. 132: Authorizing an appropriation of $400,000 from Sanitation Fund reserves to construct improvements at City street sweeping transfer sites to comply with Federal law. A16. 123: APproving the Second Amendment to Agreement with Michael Brandman Associates, in the amount of $76,940 for final contract adjustments relating to preparation of the EIR for the Disneyland Resort Specific Plan. 106= Amending the FY 93-94 Budget by increasing revenue account #207-418-3101-5951 and expenditure account $207-418-5730-7821 by $76,940. A17. 107: ORDINANCE NO. 5392 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .010 OF SECTION 1.01.389 OF CHAPTER 1.01 OF TITLE I OF THE ANAHEIM MUNICIPAL CODE RELATING TO CODE ENFORCEMENT, AUTHORIZING OFFICERS TO FILE CRIMINAL COMPLAINTS RELATING TO VARIOUS CODE VIOLATIONS. A18. 123: Authorizing a Second Amendment to Agreement with the Community Service Programs, Inc., (C.S.P.) in an amount not to exceed $52,597.20 for the period of July 1, 1993 through June 30, 1994, for professional counseling services. Mayor Daly. He knows that Community Service Programs, Inc. (CSP) is recommended to receive a $52,000 contract from the Police Department for counseling services. There is a non-profit shelter for run away youths which has recently approached city government. They had inquired as to any funding within the Police Department. It is a related type of service. He has forwarded the question to the City Manager's Office about the shelter. The group is Amparo and they have served Anaheim's runaway youths in the past. They lost their Federal Grant funding and had inquired about any assistance from the City. He knows they will be following up with the Housing Authority as well to pursue the availability of shelter funds. City Manager Ruth. They are in the process of applying for additional Federal Funding for a variety of programs and services which may be able to assist them in the future. Council Member Feldhaus asked that the item be continued for one week; at the conclusion of the Consent Calendar, Item A18 was continued for one week. A19. 155: Approving a Negative Declaration for the construction of the Dowling/Yorba 69kV Undergound Transmission Line project. (Installation of encased conduits and substructures, and the installation and connection of 69KV cables in La Palma Avenue from Carbon Creek Channel, Dowling Substation, to Kellogg Drive, Yorba Substation). A20. 123: Approving Caltrans Agreements No. 12233, 12280, 12245 and 12259, for ~0~ments A, B, C, D (Electrical Fa¢ili%i~), an~ Agreements No. 12252, 12247, 12260 and 12246 for segments A, B, C, D (Water Facilities) to develop plans for relocation/replacement of utility services for the I-5 Freeway widening project, and authorizing the Public Utilities General Manager to execute and deliver said agreements in the forms hereby approved, with such additions thereto and changes therein as are approved by the Public Utilities General Manager, such approval to be conclusively evidenced by the execution and delivery thereof. A21. 175: Certifying that the adoption of the Water Rates, Rules and Regulations is statutorily exempt, under the California Environmental Quality Act, Public Resource Code, Section 21080 (b) (8), in accordance with Title 14 632 C£t¥ Hall~ p, nahe~n~ Cal£forn£a - COUNCIL MINIJTE$- SEPT_EMbER 14~ 1993 - 5~00 P.M. of the Code of California Regulations Section 15273 (a), and authorizing the City Manager to execute, and the City Clerk to file a Notice of Exemption for same with the Orange County Clerk. Council Member Simpson. He posed questions to staff regarding the charge for the fire line and domestic line which were answered by both Ed Aghjayan the Public Utilities General Manager and Mike Bell, Utilities Financial Services Manager. Mr. Bell explained that there are approximately 207 customers who would be impacted by the proposed change. They have a single line service that serves both fire and domestic. That was permitted for a period of time in the 1970s when it was possible to install one line for service. In 1977, new building requirements called for two separate sources of service. For that group of customers that have a multiple meter, what they have done in the past years, they have been charged the domestic service rate for the largest meter they have. If they have a 5" meter to serve the fire requirements, they are charged the 5" service charge under the domestic rate schedule. They have proposed allowing the customer to be charged the fire line meter charge and then they would pay simply the domestic service charge for their use within that facility. For those customers, that will result in a reduction in what they have been paying. RESOLUTION NO. 93R-185: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF WATER AS ADOPTED BY RESOLUTION NO. 72R-600 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 93R-45. Amending Fiscal Year 1993/94 Budget by reducing revenues from the sale of water (Program 3245) by $183,000, debt service (Program 6500) by $65,000 and other operating costs by $118,000. A22. 114: Approving minutes of the City Council meetings held July 27, August 3 (adjourned regular meeting of 7/27/93), August 3 (regular meeting), August 10 and August 17, 1993. A23. 149: Consideration of a Mitigated Negative Declaration; and Mitigation Monitoring Plan No. 71 for Anaheim Arena Area Public Parking Facilities. 123: A Ground lease between Douglass Trust and the City of Anaheim. 149: The construction, maintenance and operation of a public parking facility on the County of Orange Katella Maintenance Yard, located on the south side of Katella Avenue (Site 2). 149: The construction, maintenance and operation of a public parking facility on property located north of the former County Transfer Station, and west of Douglass Road (Site 3). 169: The construction of certain street improvements: Cerritos Avenue from Sunkist to Douglass Road; and on Douglass Road from'Cerritos Avenue to north of Katella Avenue. City Manager Ruth. These above items are requested to be continued by staff; at the conclusion of the consent calendar, all items under A23 were continued for one week. A24. 123: Accepting the low bid of, and authorizing the execution of an Agreement with Pedus Security Services, Inc., in the amount of $255,327 (plus additional service requirements up to 160 hours per week), to provide security 633 City Hall, Anahe~m-r California - COUNCIL MINIFTES- SEPTEMBER 14, 1993 - 5:00 P.M: personnel to enforce parking ordinances in posted street sweeping and other areas for a period of one year, commencing October 1, 1993, with three one year options to renew, in accordance with Bid $5168. (Continued from the meeting of August 24, 1993, Item Al0. ) A25. 118: ORDINANCE NO. 5389 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 1.12.060 OF CHAPTER 1.12 OF TITLE i OF THE ANAHEIM MUNICIPAL CODE RELATING TO CLAIMS FOR MONEY OR DAMAGES. A26. 123: Approving the Joint Exercise of Powers Membership Agreement for the Orange County Regional Airport Authority (OCRAA). (Continued from the meetings of 8/10/93-Item A16, 8/17/93-Item A20, and 8/24/93-A28.) City Manager Ruth. Negotiations are still in progress. This item will be removed from the agenda at this time and brought back sometime in the future when appropriate. A27. 184: Ratifying the Proclamation of the Existence of a local Emergency issued by the Acting Director of Emergency Services on September 7, 1993, concerning the Santiago Landslide and Pegasus Landslide in the City of Anaheim, and reviewing the need for continuing the Proclamation, and taking no action to terminate the local emergency at this time. A28. 113: B__~SOLUTION NO. 93R-186: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (City Clerk's Office). A29. 123: Approving a Settlement Agreement by and among the City, the Walt Disney Company, and the Anaheim City School District settling the case of Anaheim City School District v. City of Anaheim, et al., Orange County Superior Court Case No. 714635, concerning the Disneyland Resort Project. Jeff Kirsch, 2661 W. Palais, Anaheim. He asked as he did earlier under the Redevelopment Agency that the Council continue Item A29 until the public has had a sufficient opportunity to examine the details of the contract on which the Council is going to vote. He reiterated that he or anybody else in the City should have an opportunity to see what is going on before action is taken so they can inform Council of their judgements. Roll Call Vote on Resolution Nos. 93R-183 throuqh 93R-186, both inclusive, for adoption: AYES: NOES: ABSENT COUNCIL MEMBERS: Feldhaus, Hunter, Simpson, Daly COUNCIL MEMBERS: None COUNCIL MEMBERS: Pickler The Mayor d. elar~d R~nelu~£on No~. 93R-183 thr0u~h 93R-186, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance No. 5389 for adoption: AYES .' NOES: ABSENT: COUNCIL MEMBERS: Feldhaus, Hunter, Simpson, Daly COUNCIL MEMBERS: None COUNCIL MEMBERS: Pickler The Mayor declared Ordinance No. 5389 duly passed and adopted. 634 Hall, A_nahe'___m_, Calt. f~orni, a - COUNCIL MINUTES- SEPTEMBER 14, 1993 - 5:00 P.X. END OF CONSENT ~AR. MOTIONS CARRIED. A30. 105: ~SIGNATION - SENIOR CITIZEN COMMISSION: (Ralph Same, term expiring June 30, 1996) MOTION= Council Member Daly moved to accept with regret the resignation of Ralph Same, Chairman of the Senior Citizen Commission for the term expiring June 30, 1996 as tendered in his letter dated September 8, 1993 and directing the City Clerk to post a notice of unscheduled vacancy. Council Member Simpson seconded the motion. Council Member Pickler was absent. MOTION CARRIED. A31/A32. 105: APPOINTMRNTS/~APPOINTMENTS TO CITY BOARDS AND COMMISSIONS: (Community Redevelopment Commission, Community Services Board and Senior Citizens Commission) Appointment to fill an unscheduled vacancy on the Community Redevelopment Commission (Lopez term ending June 30, 1995). Appointment to the Community Services Board for the new term expiring June 30, 1997. Appointment to the Community Services Board to fill an unscheduled vacancy expiring June 30, 1995 (Stavely). Appointment to the Senior Citizens Commission for the new term expiring June 30, 1996 (Hawley). Mayor Daly. If~the Council agrees, he is suggesting, with one exception, that they defer the subject appointments for one week for full Council action. However, today he would like to fill the short term on the Community Services Board replacing Steve Stavely who stepped down prior to the end of his term. He thereupon nominated Liz Cason to fill that term expiring June 30, 1995. Council Member Feldhaus seconded the nomination. Council Member Simpson moved to close nominations. Council Member Daly seconded the motion. Council Member Pickler was absent. MOTION CARRIED. Liz Cason was thereupon unanimously appointed to the Community Services Board to fill the term ending June 30, 1995 (Council Member Pickler was absent). The balance of the appointments were continued one week for full Council action. I _T~M_~ B1 - B6 FROM T~__~ PL~kNNING COMMISSION MEETING OF AuGusT 23, 1993 INIPO~TION ONLY - APPEAL PERIOD ENDS SEPTEMBER 14, 1993~ B1. 179: SPECIMEN TREE REMOVAL PERMIT NO. 93-05 AND CEQA EXEMPTION SECTION 15061: OWNER: Shadow Mountaun H.O.A., 289 S. Leandro Street, Anaheim, CA 92807 AGENT: Arborwest Assoc., Attn: Frank Angulo, 28792 Vista Aliso Rd., Trabuco, CA 92679 LOCATION: Subject property consists of three (3) separate parcels of land described as follows: Parcel No. 1: Subject property is an irregularly-shaped parcel of land consisting of approximately 0.21 acre, having a frontage of approximately 59 feet on the north side of Leandro 635 Rail Anaheim Cal£forn£a- COUNCIL NINUTES - SEPTEMBER 14 1993 - 5:00 P.M. Street having a maximum depth of approximately 140 feet. Parcel No. 2: Subject property is an irregularly-shaped parcel of land consisting of approximately 0.40 acre, having a frontage of approximately 44 feet on the east side of Leandro Street, having a maximum depth of approximately 204 feet. Parcel No. 3~.. Subject property is rectangularly-shaped parcel of land consisting of approximately 0.24 acre, having a frontage of approximately 72 feet on the east side of Leandro Street, having a maximum depth of approximately 162 feet. Petitioner requests approval of a specimen tree removal permit to permit the removal of three specimen trees (one for each subject property). ACTION TA~_EN BY THE PL_~NNING COMMISSIOn: Specimen tree Removal permit No. 93-05 APPROVED (7 yes votes). No action taken on CEQA Exemption Section 15061. B2. 179: WAIVER OF CODE R~OUIREMENT, CONDITION~n USE PERMIT NO. 3628 AND NEGATIVE DECLARATION: OWNER: Koll Business Center La Palma, A California General Partnership, 2970 E. La Palma Ave., Anaheim, CA 92806 AGENT: Set Free Church of Anaheim Hills Inc., 421S. Mohler Drive, Anaheim, CA 92808 LOCATION: 2995-B White Star Ave. Property is approximately 3.7 acres located at the northeast corner of White Star Avenue and Armando Street. To permit a 9,400-square foot church in the ML Zone with waiver of minimum number of parking spaces. ACTION TA~RN BY THE PLANNING COMMISSION: CUP NO. 3628 GRANTED, subject to certain hours of operation (PC93-95) (7 yes votes). Waiver of code requirement APPROVED. Approved Negative Declaration. B3. 179: CONDITIONbL USE PERMIT NO. 3631 AND NEGATIVE DECLARATION:. OWNER: Kaiser Foundation Hospitals, attn: Kevin Becker, 393 ~. Walnut St., Pasadena, CA 91188 LOCATION: 441 North Lakeview Avenue. Property is approximately 9.2 acres located at the northwest corner of Riverdale Avenue and Lakeview Avenue. To retain a mobile medical (MRI) trailer. ACTION TAK~EN BY T~__~ PLANNING COMMISSION: WITHDRAWN BY THE APPLICANT. B4. 179: CONDITIONAL USE PERMIT NO. 3429, CATEGORICALLY EXEMPT, CLASS 11: OWNER: Home Depot, 3200 E. Lincoln Ave., Anaheim, CA 92801 AGENT: Marlene Brown, 12351 Morrie Lane, Garden Grove, CA 92805 LO~ATION~ ~00 W. Lincoln Avenue. ?r09er~y i~ approximately 9.1 acres located on the south side of Lincoln Avenue approximately 655 feet east of the centerline of Gilbert Street. To amend or delete a condition of approval pertaining to the time limitation for a portable food service use (hot dog cart) in conjunction with a permitted retail store (The Home Depot). ACTION TAVERN BY THE PLANNING COMMISSION: CUP NO. 3429 APPROVED by deleting Condition No. 3 of resolution No. PC91-108 pertaining to time limitation (PC93-96) (7 yes votes). 636 City Hallf Anahe'Imr Cal£:Eorn£a - COUNCIL MINIJTES- SEPTEMBER 14r 1993 - 5~00 P.M. BS. 179: WAIVER OF CODE R~QUI~M~NTr CONDITIONAL USE PERMIT NO. 3012 AND NEGATIVE DECLARATION~ OWNER: Rotanda Development Corporation, 4000 Mac Arthur Blvd., $350, Newport Beach, CA 92660 AGENT= Robert L. Wynn, Wynn & Associates, 3 Civic Plaza, Ste. 225, Newport Beach, CA 92660 LOCATION: 1101-1111W. Lincoln Ave. Property is approximately 0.45 acre located at the northwest corner of Lincoln Avenue and West Street. Request for deletion or amendment to a condition of approval pertaining to food service facilities to permit a donut shop within an exiting commercial retail center with waiver of minimum number of parking spaces. ACTION TA/C__EN BY THE PLANNING COMMISSION: CUP NO. 3012 GRANTED (PC93-97) (4 yes votes, and 3 no votes). Waiver of code requirement APPROVED. Negative Declaration Previously Approved. B6. 179: ~C~ASSIFICATION NO. 93-94-01 AND MITIGATED NEGATIVE DECLARATION: OWNER: Initiated by City of Anaheim, Post Office Box 3222, Room 162, Anaheim, CA 92803 LOCATION: Property is approximately 3.15 acres located at the northeast corner of Katella Avenue and Douglass Road. To reclassify subject property from the ML Zone to the PR Zone ACTION TAKE~N BY THE PLANNING COMMISSION: Reclassification No. 93-94-01 GRANTED, unconditionally, (PC93-98) (7 yes votes ). Mitigated Negative Declaration Previously Approved. END OF THE PLANNING COMMISSION ITEMS. B7. 179: PROPOSED CODE AMENDMENT PERTAINING TO ROOF-MOUNTED AND GROUND- MOUNTED EOUIPMENT: To consider amendments to various sections of Title 18 pertaining to roof and ground-mounted equipment. ACTION TAKEN BY THE PLANNING COMMISSION= Recommended adoption to City Council as revised by the City Attorney. From the Council meeting of August 17, 1993, Item B7, and introduced at the Council meeting of August 24, 1993, Item B7. ORDINANCE NO. 5391 FOR ADOPTION: Amending various sections of Title 18 of the Anaheim Municipal Code relating to roof- and ground-mounted equip~nent. ei~y Olork ~ohl announeod thoro i~ a ro~uost from Planning staff that this item be continued for three weeks. MOTION: Council Member Daly moved to continue adoption of the proposed code amendment to October 5, 1993. Council Member Simpson seconded the motion. Council Member Pickler was absent. MOTION CARRIED. B8. 179: ORDINANCE NO. 5393 FOR INTRODUCTION: Amending Title 18 to rezone property under Reclassification No. 92-93-05 located at 444-600 North Euclid Street from the CG zone to the CL zone (Anaheim Plaza). Council Member Simpson offered Ordinance No. 5393 for first reading. 637 Hall, ~nahe~m, California - COUNCIL MINUTES- SEP~_~R 14, 1993 - 5:00 P.M. ORDINANCE NO. 5393.:. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 92-93-05 LOCATED AT 444-600 NORTH EUCLID STREET FROM THE CG ZONE TO THE CL ZONE (ANAHEIM PLAZA). Cl. 179: WITHDRAWA_L - POOL ROOM PERMIT APPLICATION - EL CRILLON: Requested by Jacquiline C. Flanagan, 611 Lido Park Drive, 7D, Newport Beach, CA 92663. The property is located at 1233 S. Brookhurst, Anaheim (El Crillon) and the request was for eight pool tables at the establishment. Letter dated September 9, 1993 from the owner Jacquiline Flanagan requested that the application be withdrawn. MOTION: Council Member Daly moved to approve the withdrawal of the pool room permit request. Council Member Simpson seconded the motion. Council Member Pickler was absent. MOTION CARRIED. Mayor Daly. The Council will consider the scheduled public hearings at this time and when complete will return to the remainder of the agenda starting with Item C2. He announced that the City Attorney will be recommending a two-week continuance of Item C3. SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS: The City Attorney announced that it is appropriate at this time for all those intending to testify at any or all of the public hearings including staff be sworn in at this time. Those testifying were requested to stand by the City Clerk and asked to raise their right hand. The oath was then given. D1. 179: PUBLIC HEARING - PRCLASSIFICATION NO. 91-92-19, WAIVER OF CODE P~QUIB~MRNT, CONDITIONAL USE PERMIT NO. 3625, TENTATIVE PARCEL MAP NO. 93-1~ _ AND MITIGATED NEGATIVE DECLARATION: OWNER: Simon III & Gloria Fluor Trust, Attn: Cecil Wright, 265 S. Anita Dr., ~205, Orange, CA 92668 AGENT: Ruth Miller, 1600 Dove Street, ~138, Newport Beach, CA 92660. LOCATION/REQUEST: The property is located at 1300-1382 East Auto Center Drive and is approximately 8.39 acres located at the northwest corner of Sanderson Avenue and Auto Center Drive. The request is for a change in zone from ML (Limited Industrial) to CL (Commercial Limited). To permit an automobile sales lot with accessory automotive repair with waiver of (A) required number of trees, (B) required parking lot landscaping, (C) minimum number of parking spaces, (D) required landscaping abutting a street, (E) maximum number of signs, (F) permitted location of signs and (G) minimum distance between signs. To establish a 3-lot commercial subdivision. ACTION TAKEN BY THE PLANNING GOMMI~ION; Reclass No. 91-92-19 GRANTED, unconditionally (PC93-85) (7 yes votes). Waiver of code requirement APPROVED, IN PART, waivers (A) and (B) were deleted; waivers (C), (D), and (E) were denied; and waivers (F) and (G) were approved. CUP NO. 3625 GRANTED, IN PART (PC93-86). TPM No. 93-156 APPROVED; and no action taken by City Council at the meeting of 8/3/93, Item B7. Approved Mitigated Negative Declaration. HEARING SET ON: A letter of appeal of the Planning Commission's decision was submitted by the agent, Ruth Miller and public hearing scheduled this date. 638 C£ty Hall r Anahe£mr Cal££orn:i.a - COUNCIL MINUTES - SEPTEMRER 14r 1993 - 5:00 P.M. PUBLIC NOTICE B__EQUIREMENTS MET BY:.. Publication in Anaheim Bulletin- September 2, 1993 Mailing to property owners within 300 feet - September 2, 1993 Posting of property- September 3, 1993 PLANNING STAFF INPUT: See staff report to the Planning Commission dated July 26, 1993. City Clerk Sohl. Submitted to the Council just prior to the meeting was a letter from Ruth Miller, the agent, requesting a one-week continuance of the public hearing to September 21, 1993. Mayor Daly asked if staff had any comments relative to the request. Lisa Stipkovich, Executive Director of Community Development. This is an economic development project and they have been very involved. They do concur that a one-week continuance will be appropriate. Mayor Daly. He asked if she believed they will be able to work out the questions over a 7-day period; Mrs. Stipkovich answered she believes they should be able to do so. MOTION: Council Member Daly moved to continue the subject public hearing for one week to September 21, 1993. Council Member Simpson seconded the motion. Council Member Pickler was absent. MOTION CARRIED. D2. 179: PUBLIC HEARING - ADDENDUM NO. 2 TO EIR NO. 289, WAIVER OF CODE BEQUIBEMENT, CONDITIONAL USE PERMIT NO. 3550 - REVISION NO. 1: OWNER: Kmart Development, 3100 West Big Beaver Road, Troy MI 48084- 3163. AGENT: Gregory Simonoff Architects, 20101S. W. Birch Street, Suite 210, Santa Ana Heights, CA 92707. LOCATION/REQUEST: The property is located at 1001 to 1100 Pullman Street and is approximately 18.69 acres located south and west of the southwest corner of Old Canal Road and Weir Canyon Road. The request is for approval of Revision No. 1 to Conditional Use Permit No. 3550 to permit a 169,156-square foot Kmart "super store" (previously 119,215- square foot) which includes grocery sales, general retail sales, an automotive repair center, an outdoor garden center and a free-standing satellite dish with waiver of required site screening, required landscaped setback and permitted roof mounted equipment. ACTION TAK_RN BY THE PLANNING COMMISSION: CUP NO. 3550 GRANTED (PC93-87) (5 yes votes, 1 no vote, and 1 abstained) · Approved waiver of code requirement. Approved Addendum No. 2 ~o ~.IR No. 289. HEARING SET ON.: A review of the Planning Commission's decision was requested by Council Members Hunter and Simpson at the meeting of August 17, 1993 and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin- September 2, 1993 Mailing to property owners within 300 feet - September 2, 1993 Posting of property - September 3, 1993 PLANNING STAFF INPUT: 639 Hall Anahe£m Cal££orn£a- COUNCIL MINUTES- SEPTEMBER 14 1993 - 5500 P.M. See staff report to the Planning Commission dated July 26, 1993. Lisa Stipkovich, Executive Director of Community Development. This proposed project is in the River Valley (redevelopment) Project Area. This particular site has been approved in the past for a similar development by Kmart. They have proposed a revision to the plan which has been reviewed and approved by the Redevelopment Commission as well as the Planning Commission. It has also been appealed by two Council Members following a request by residents that the Council appeal the decision of the Planning Commission. (See letter dated August 11, 1993 from Bill Taraschi - made a part of the record. ) Representatives from Kmart are present and would like to make a presentation. Staff is recommending approval of Revision No. i to Conditional Use Permit No. 3550. Rob ZurSchmiede, Property Service Manager. Answering the Mayor, stated the differences between the site plans are the basis of some of the problems of the neighbors. The site plan approved in October, 1992 provided for a multiple tenanted shopping center with better cross-site access. Redevelopment staff felt there were some aspects of the October plan that were a better site planning practice than the current plan. In attempting to balance that with the request of the property owner to submit a revised retail program for the site which they have purchased and now own, staff did recommend approval of the development. The project is heavily conditioned. The earlier plan would be preferable but they have tried to balance the request of the property owner with those issues. They have met extensively with representatives of the neighborhood. One of the concerns is the 24-hour operation as well as some concerns about the site plan itself. Staff feels the recommendation of approval is appropriate. Mayor Daly opened the public hearing. APPLICANT' S STATEMENT ~ Tom Dombrowski, Project Manager for Kmart. Kmart recently established a new direction in the development of Super K Centers. They have opened two such stores as a test and are extremely pleased with the results. They have been working with staff to develop an acceptable Super Kmart at the subject location. He then described the facility working from the site plan and renderings posted on the Chamber wall. He also explained that the 24-hour operation is synonymous with Kmart Super Centers. The store will employ 500 people - 300 part time and 200 full time. Kmart is the fifth largest company in the country and the second largest employer for people seeking their first job opportunity. There is a substantial difference between a normal Kmart and Super Kmart in sales volume. They experience four times the amount of sales for the super concept as compared to the normal Kmart previously approved. He then asked to show an 8-minute video to be followed by a slide presentation. (The Council determined it would not be necessary to view the video since it only involved in-store operations. ) Mr. Dombrowski then introduced the architect. Greg Simonoff, Gregory Simonoff Architects, 20101 S. W. Birch Street, Suite 210, Santa Ana. (Mr. Simonoff's presentation was supplemented by slides which were contained in hard copy color black and white photos in the booklet entitled Super Kmart Center, 640 C£2y Hallr Anahe~_m_f Cal£~orn:i.a - COUNCIL MINIFTES - SEPTEMBER 14r 1993 - 5:00 P.M. 4890 which also included a narrative, maps, a map showing the site, views from the residential area - highest view point, lowest view point, etc., and night views - made a part of the record.) They met with the neighborhood at Bill Taraschi's home and reviewed the neighbor's concerns. One of the concerns raised at the Planning Commission meeting was the elevation of the building and the perception that it presents a warehouse type look. They prepared a rendering to better amplify the type of look the building will have. One of the issues was the elevation facing the Edison easement. The neighborhood felt they would have a primary view of that particular area of the building. They have enhanced that area and provided relief along that elevation. They were also requested to supply additional landscaping along that elevation which they have agreed to do. They have added an arcade relief to simulate the arcade in the front of the building and to wrap around and carry a look around the side of the building. They have sent a copy of the new elevation to the homeowners. One of the further issues of concern to the neighbors was the 24-hour operation and also the light quality of the site and the visibility of the homeowners. They have retained the services of Richard Mather who will explain the series of slides relating to lighting. He visited the site, using computer technology and actual photographs he investigated those conditions. Richard Mather, Advanced Graphic Images, 2607 Blackthorn Street, Newport Beach. He went to the site, took photographs and did digital imaging to show how the store would look from the homeowner's viewpoint. Working from the slides, he briefed what would be seen from the homes from position A, B and C (see booklet submitted) as well as what the view would be with projected 5-year landscape growth. Slides were also shown showing existing night views in different directions and also the proposed Kmart at 10:00 p.m. and 1:00 a.m. A slide was also included super imposing one of the building elevations and landscaping of a proposed shopping center proposed to be built immediately adjacent to the homeowner's neighborhood. Lisa Stipkovich. She pointed out that it was not the Kmart site but the Shorb Wells site. Mayor Daly asked to hear from anyone else present in support of the project; there being none, he asked to hear from those who have concerns. Bill Taraschi, 1201 N. Melony, Anaheim. He first noted that r~l~iv~ ~0 ~he ~h0rb Well site pr0ject~ the developer has defaulted and the project is off the books and will not be developed. Answering the Mayor, Mrs. Stipkovich stated she does not believe the permits have expired but Mr. Taraschi is correct, the escrow fell through and the developer is not proceeding. She does not know how long the entitlements would be valid. Annika Santalahti, Zoning Administrator. She does not recall any time extensions coming through. If someone is interested in utilizing the previous approvals, they would have to come in with 641 City Hallr Anaheimf C~_l:i. forn£a - COUNCIL MINIJTES - SEP~ER 14r 1993 - 5~00 P.M.., retroactive time extensions. As with all old projects such as Shorb Wells, staff takes a good look at any new standards and constraints that have arisen so that they can be addressed. From the zoning point of view, the permits have expired and unless they get retroactive extensions of time granted, they could not pull building permits. PUBLIC DISCUSSION IN OPPOSITION TO THE REVISED PLANs Bill Taraschi, 1201 N. Melony Drive. Anaheim. There are 64 homes in their tract located north of La Palina west of Weir Canyon Road. They know the site quite well and have been working directly with Redevelopment staff for the past four years. They are not opposed to the site being developed but want the best project for the neighborhood and the City. Kmart did work with the neighbors prior to approval of the previous site plan proposed in October, 1992, but since they have purchased the land and proposed their new site plan, have only had one meeting with Kmart's contracted architect. He then addressed the two issues of concern (see copy of Mr. Taraschi's testimony which was previously submitted - made a part of the record). He first referred to a map of the area previously submitted noting that there are nine grocery stores and six major drug stores within a four mile drive of the Kmart project site. Several have eliminated their 24 hour operation because of the excessive saturation of retail services in the area. A second issue is the layout and appeal of the current site vs. the previous plan. City staff has told both the architect and Kmart that the current proposal is inferior to the previous one. The original plan had better vehicular access, restaurant pads located at perimeter entrances and a cross section of retail services. They are asking that the Council deny the current proposed site plan and have Kmart instead propose a plan resembling the one approved in October of 1992. Council Member Simpson. He asked if any changes had been made that would meet with the neighbors approval. Bill Taraschi. He answered, the changes that the architect is making to the building on the west side. Their intentions are that they will do the landscaping improvements asked for by the neighbors. With those and some additional treatments to the west side, that would improve what was submitted to the Planning Commission, which is the current proposal. Sharon Lazzaro, 8136 Woodsboro, Anaheim. She opposes the 24-hour operation for tho r0as0ns of crime and the intense lighting th~t would be necessary. (See copy of Mrs. Lazzaro's testimony which was previously submitted - made a part of the record.) She pointed to recent incidents of crime in the area. There are not a sufficient number of police in Anaheim Hills to cover a 24-hour Kmart. They would be selling firearms and ammunition, items appealing to criminals. The proposed site would provide easy in and out access to the criminal element. The intense light that will be necessary will give customers a false sense of security and the lights will simply be a nuisance to the neighborhood. They do not want or need a 24-hour operation. She asked that the Council vote no on the issue in order to make the community safer. 642 C£tY Hall, A-ahe!_m_, Cal£forn£a - COUNCIL MI~S - S_~P~HR 14, 1993 - 5:00 P.M. Robert Koch, 8124 E. Woodsboro, Anaheim. He supports the positions of Mrs. Lazzaro and Mr. Taraschi. He is speaking to the issue of the scenic corridor (see copy of Mr. Kochs' testimony previously submitted - made a part of the record). The area north and west of the development site is designated as a scenic corridor. A beautiful setting has been developed and used by many people. It offers an escape from the hectic nature of urban life. This proposed warehouse type structure flies in the face of this aesthetically pleasing setting. They prefer the fo~ner proposal with its smaller anchor store and many variously shaped additional buildings. There is also a request for waiver from the requirement to shield the roof-mounted equipment. The proposed mitigation to paint the roof and equipment a single color is insufficient. The bright lights that will be needed will ruin the ambience of the park area and also glare into their community. They are also concerned about the nature of the signage and if there are going to be future sign waiver requests. A return to the previous plan will reduce this potential because of the distinctive nature of the original design. He is asking that the Council oppose the super store concept. The former style is more compatible with the concept of the scenic corridor. Mayor Daly then posed questions to staff relative to the screening of the roof-mounted equipment which were answered by the Zoning A~inistrator. Annika Santalahti, Zoning Administrator. One of the mitigation monitoring program measures requires that type of information be submitted for specific approval by the Planning Commission. If roof-mounted equipment, the precise design, color and material of the screening methodology has to be submitted. Roof-mounted equipment under code generally is prohibited across the board and thus screening is not even an issue. The code is being amended plus if the lines of site can be adequately screened, that has been considered satisfactory by the Planning Commission in the past. She clarified that there is a condition that requires Kmart to return to the Planning Commission which she read. Also, there are several mitigation monitoring measures specifically addressing landscaping including the compatibility with the architecture of the building. Lisa Stipkovich. Since this is a redevelopment project, they will also be reviewing the landscaping as well as signage program which will go through the Redevelopment Commission and back to the Council as the Redevelopment Agency. Rob ZurSchmiede. Precise grading, landscaping and signing will all come back to the Agency for final review. Clifford Lester, ~157 E. W00dsb0r0. Addressing the issue of lighting concerns of a 24-hour operation, he also has photos he has taken. He is a professional photographer and has been for 15 years. He submitted four mounted black and white photos he had taken of a Chevron station near the Festival Pavilions Market and also an auto dealership near Yorba Linda Blvd. and La Palma which are 24-hour operations. He compared these with the photos that were submitted by Kmart to show the difference in the intensity of the night lighting. He cannot ~nagine a building open 24-hours a day that would have lighting as low as that shown in the pictures submitted by Kmart. His concern is for the light that the 24-hour operation would provide. SUMMATION BY APPLIC~: 643 c£t Hall Anahe4m Cal£forn£a- COUNCIL MINUTES - SEPTEMBER 14 1993 - 5:00 P.M. Tom Dombrowski. Landscape screening will be in the Caltrans right of way and is a requirement. Relative to the grocery stores in the area, they did a 20-page grocery study and there are nine stores in the trade area open 24 hours. The study also included some maps of the area one of which he submitted to the Council. In the next four years, there is a projected 8% growth in residential. They also do demographic studies and research the area before making a decision. Relative to security, they have 24-hour manned security inside and outside at the two stores that are open. They also have a hidden camera surveillance system inside the store. Regarding the question of who would shop from 12 midnight to 6=00 a.m., they want to satisfy their customers by relieving the pressure to work in their shopping schedule without considering when they can or cannot shop. There are many off-shift ~eople who shop during those hours and their competitors are aware of that as well. Relative to the scenic corridor, they made a valid and honest presentation and addressed the issues. There seems to be an impression of the homeowners that there is an option as to whether a Super Kmart or normal Kmart would be built. They would not set a precedent of limiting the hours of a Super Kmart. They want to be able to satisfy their share of the customer's needs. They would not take a step back and build a smaller store knowing what a super store can bring to the community and Kmart. He asked Jim Smith from Pro Lighting to address some of the lighting concerns. Jim Smith, Pro Lighting. Relative to the picture of the gas station submitted by Mr. Lester, his company does lighting for Arco, Shell and Chevron and the requirements are 80 to 100 foot candles of light. A shopping center is the minimum light level which will be 1.5 and the maximum is 9 to 10 foot candles of light. The fixtures that would be proposed for the site lighting are what are classified by the Illuminating Engineering Society as a cut-off luminaire which means there is no light above the horizontal position. The poles will be 30 feet high. Through the modern technology of computers, they can show approximately 80 to 90 feet away from the site that a light meter would register 0 light from the shopping center. Annika Santalahti. On lighting, one of the monitoring measures does require that the Police Department will be reviewing the site plans and building plans to ensure security both during daylight and evening hours prior to building permits being issued. The lighting will be covered as part of that analysis. Mayor Daly closed the public hearing. Mayor Daly. There is a detailed mitigation monitoring program which includes follow-up reviews and discretionary approvals which the Planning Commission has and the City Council still has on a number of aspects including landscaping and screening of roof-mounted equipment. He asked the time frame that these will be going to Redevelopment and Planning Commission for a follow-up actions. Rob ZurSchmiede. The last item to come before the Agency would be the grading and landscaping plans. They have a meeting with Caltrans to discuss landscaping in the State right of way which will be followed by signing. The timeframe is several weeks as opposed to months. 644 City Hallr Anahe4_m__~ ~ali~ornia - COUNCIL MINtVTES - SEPTEMBER 14r 1993 - 5:00 P.M. After additional questions posed to Mr. ZurSchmiede by the Mayor, Council Member Hunter moved the following actions: MOTIONs. On motion by Council Member Hunter, seconded by Council Member Feldhaus, the City Council after considering the previously approved Addendum No. 2 to Final EIR No. 289 does hereby find that it is adequate to serve as the environmental documentation to Revision No. i to CUP 3550 and adopting the Revised Mitigation Monitoring Plan No. 0055. Council Member Pickler was absent. MOTION CARRIED. Council Member Hunter offered Resolution No. 93R-187 for adoption, granting Conditional Use Permit No. 3550, Revision No. 1, subject to City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO. 93R-187: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING REVISION NO. i TO CONDITIONAL USE PERMIT NO. 3550 HERETOFORE APPROVED PURSUANT TO PLANNING COMMISSION RESOLUTION NO. PC-120. Before a vote was taken, Council Member Hunter stated he is going to vote for the 24-hour store. What the Council gives it can also take away. Approval does not mean it will always be a 24-hour operation. As was reported, several stores approved for 24 hours have voluntarily changed their hours. The Council can also change hours under a CUP. Mayor Daly. He intends to support the proposed site plan. At some point in the process, they have to respect the property owner and the business thinking behind the proposal. They have not restricted the operation of any of the other grocery stores or major retail operations which are of a similar type in the hill and canyon area. The market place will determine many of the operating characteristics of the store. However, in terms of regulating landscaping, signage and visual intrusion, there are strict protections built into the staff recommendation and there will be future individual decisions made on screening, roof-mounted equipment and signage. He encouraged the residents to stay involved with that process. There will be public discussion and decisions made on those items which were some of the main concerns addressed by the neighbors. He will be supporting the project as well. A vote was then taken on the foregoing resolution. Roll Call Vote on Resolution No. 93R-187 for adoptions AYES: NOES: ABSENT COUNCIL MEMBERS: Feldhaus, Hunter, Simpson, Daly COUNCIL MEMBERS = None COUNCIL MEMBERS: Pickler The Mayor declared Resolution No. 93R-187 duly passed and adopted. C2. ORDINANCE NO. 5394 - PROPOSED PUBLIC NUDITY ORDINANCE: Recommendation of the City Attorney that Council adopt an ordinance amending Section 7.16.060 and repealing Sections 4.18.130 and 140, to prohibit nudity in public places or places open to .public view, with certain exceptions. Submitted was report dated September 7, 1993 from the City Attorney recommending adoption of the proposed ordinance. 645 C£ty Hallf Anahe4_mr Cal££orn£a - COUNCIL MINUTES - SEPTEMRER 14r 1993. - 5~00 P.M. City Attorney White. State law does not absolutely prohibit public nudity. Section 314 of the Penal Code prohibits indecent exposure which is defined to include not only an act of nudity but also lewdness as well. State law and court interpretations make it clear local agencies such as cities and counties are given discretion to prohibit nudity separate and apart from indecent exposure type conduct. In the process of reviewing the City's ordinances concerning its sex oriented businesses as well as other ordinances relating to the regulation of nude conduct in the City, it became apparent to his staff that the City does not currently have a prohibition on nudity in City ordinances that applies to all public places. The current one applies to the prohibition of nudity in bars, restaurants and similar establishments relating to the attire of waiters, waitresses or entertainers. The latest court cases make it clear cities have the right on the basis of public decency to prohibit nudity in public places but that any such prohibition should be evenly administered and applied so as not to limit it only to places of commercial conduct such as bars and restaurants. With that in mind, his department has drafted for Council consideration an ordinance which would repeal the current sections of the code that prohibits nudity only in bars and restaurants, and would enact a new prohibition in Section 7.16.060 which would prohibit public nudity or nudity in public places with certain exceptions. He then briefed the provisions of the new section concluding that staff recommends that the ordinance be given first reading today. Council Member Feldhaus offered Ordinance No. 5394 for introduction commenting, however, that he did not think it was strong enough and would like to see it go even further if possible. ORDINANCE NO. 5394: AMENDING SECTION 7.16.060 OF CHAPTER 7.16 OF TITLE 7, AND REPEALING SECTIONS 4.18.130 AND 4.18.140 OF CHAPTER 4.18 OF TITLE 4, OF THE ANAHEIM MUNICIPAL CODE RELATING TO PUBLIC NUDITY. C3. 108: PROPOSED SEX-ORIENTED BUSINESS ORDINANCE: Recommendation of the City Attorney that the Council adopt an ordinance amending in its entirety, Chapter 18.89 of Title 18 of the Anaheim Municipal Code, and various other provisions of the Code relating to zoning for Sex-Oriented Businesses. Submitted was report dated September 7, 1993 from the City Attorney recommending adoption of the subject proposed ordinance. City Attorney White. Currently there is a moratorium on adult businesses or sex-oriented businesses in the City. His staff and other departments have been diligently working for the past 90-days to present an ordinance which would incorporate all of the latest thinking of the courts throughout the country on what can be prohibited and what is permissible with regard to regulation of these types of businesses in the con~nunity. An ordinance was dra£~ed and presented ~o the Planning Commission last Wednesday. They reviewed it and suggested several changes incorporated into a revised version of the ordinance and submitted to the Council which was submitted to the Council last Friday. An important item is that there be a reasonable number of opportunities available in the community for these businesses to locate in order to preclude the courts from ruling that such ordinances do not allow that opportunity. Staff has been working on mapping those sections of the City where such businesses could be located and still satisfy all of =he restriction limitations contained in the proposed ordinance. Staff has not had an opportunity to complete the work because of the extension effort involved but he is advised it should be completed by the end of this week or the middle of next week so staff can analyze the locations that would be 646 City Hallr A~ahe~mf California - COUNCIL MXNUTES- SEPTEMBER 14~ 1993 - 5:00 P,M. available. His recommendation is that the ordinance be continued two weeks at which time the necessary maps will be available to explain the effect of the proposed ordinance and assure what will be adopted will not unduly infringe upon constitutional rights. Council Member Feldhaus. Under Section 2.3, he asked that staff look into the possibility of adding convalescent hospitals and senior citizens homes as well. City Attorney White. Staff will be happy to look into the possibility; however, the real difficulty is, the more restrictions they place in the ordinance, the less sites will be available. It may reach a point where although constitutional, there will be no sites available to meet the criteria and the City will end up on the wrong side of litigation. MOTION: Council Member Daly moved to continue consideration of the subject proposed ordinance to Tuesday, September 28, 1993. Council Member Simpson seconded the motion. Council Member Pickler was absent. MOTION CARRIED. C4. 60-DAY NOTICE AND WAIVER _REQUEST - COUNTY OF ORANGE: Authorizing the City Clerk to sign a waiver of 60-Day Notice for Adult Mental Health program at 2031 E. Ball Road as requested by the County of Orange, subject to the County complying with City of Anaheim zoning regulations. Mayor Daly asked if the Council approves this waiver, is this the last review the Council will have on this location; City Attorney White answered yes. City Clerk Sohl, answering the Mayor explained that she submitted the request to the Planning Department for their review and they had no comments. She does not know how large the facility is going to be. City Attorney White. If Council would like, staff can get that information and submit it to the Council. MOTION: Council Member Daly moved to continue the subject request for a waiver for one week in order to get additional information from staff. Council Member Simpson seconded the motion. Council Member Pickler was absent. MOTION CARRIED. C5. COUNCIL COMMENTS: 114: BUSINESS LICENSE FEE SCHEDULE - PROFESSIONAL CATEGORY: Council Member Feldhaus. He received a copy of a problem from the realtors as a result of the last reorganization of the City's businesses license fee. He asked if it would require an agendized item to go back and revisit that particular industry. Mayor Daly. He has spoken with the City Treasurer to analyze their particular concern in light of the revisions made to the fee schedule. He asked her to evaluate the concerns and what it might take to deal with those concerns. He would like to wait until the City Treasurer has presented her analysis, i.e., in the professional category why in some circumstances she is categorizing them in a category other than professional. City Manager Ruth. She has met with the real estate group and is preparing a response back for Council. 647 City Hall, ~nahei~_, California - COUNCIL MINUTES- SEP _TEMBER 14, 1993 - 5:00 P.M. It was determined that the Council would await the City Treasurer's analysis of the matter. 114: STRATEGIC PLANNING EFFORT - WEST ANAHEIM: Mayor Daly. He and the City Manager have talked about a focused strategic planning effort for West Anaheim. He would like to formally ask if it is acceptable to the Council to prepare a draft plan which would include input from citizens and business people in the West Anaheim area on strategic planning issues. There is already one proposed redevelopment area, commercial-business issues have been raised and neighborhood crime issues have been raised in the past few months. He is asking the City Manager to bring back an outline of a potential strategic planning effort for the West Anaheim area which would include input from West Anaheim businesses and citizens. Council Member Simpson. He would wholeheartedly support and endorse the proposal provided that its emphasis is on getting the citizens involved. Mayor Daly. That is precisely the goal. The Council will look forward to an outline for discussion purposes as soon as it can be brought back to the Council. The one request he would like to make is that the Planning Department be central to the effort. He feels many of the issues are planning issues. There are police issues and other department issues as well. He will look forward to the response. ADJOURNMENT: By general consent, the Council adjourned. (8:15 p.m.) LEONORA N. SOHL, CITY CLERK 648