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1997/10/28ANAHEIM, CALIFORNIA- CITY COUNCIL MINUTES OCTOBER 28, 1997 The City Council of the City of Anaheim met in regular session. PRESENT: PRESENT: ABSENT: PRESENT: MAYOR: Tom Daly COUNCIL MEMBERS: Shirley McCracken, Tom Tait, Bob Zemel, Lou Lopez COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann M. Sauvageau TRAFFIC & TRANSPORTATION MANAGER: John Lower RECREATION SUPERINTENDENT: Terry Lowe PLANNING DIRECTOR: Joel Fick ASSISTANT GENERAL MANAGER, ELECTRIC UTILITY: Dale Tarkington CODE ENFORCEMENT MANAGER: John Poole A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:05 p.m. on October 24, 1997 at the City Hall Kiosk, containing all items as shown herein. Mayor Daly called the workshop portion of the meeting of October 28, 1997 to order and welcomed all those in attendance. City Manager, James Ruth. He introduced Gary Johnson, Director of Public Works and City Engineer who will bring forward the workshop on Corridor Beautification. A task force has been working on this for many months and have come up with an overall program to improve the aesthetics and functionality of the major corridors in Anaheim. 169: CORRIDOR BEAUTIFICATION: Gary Johnson, Director of Public Works and City Engineer. A number of departments and staff have worked on this program for over a year. The first workshop was held 10 months ago and at that time, staff identified priority corridors A and B, generally assessed the appearance of each, and began formulating an entryway signage program for the City. They also began looking at public rights of way and cleanup of signage, streetscape standards, and a review of beautification opportunities. They also started to consider how to fund or capitalize and pay for these improvements and the long-term maintenance of a multi-year program. Today is a report on the work-in- progress -- where they are now vs. what was presented 10 months ago. Mr. Johnson then gave a presentation, supplemented by slides (digital Power Point presentation), hard copies of which were contained in a brochure entitled, Corridor Beautification Workshop - 10/28/97(made a part of the record). The topics covered in detail were the following: Citywide Entry Monuments and Signs; Corridor "Signage Cleanup" Progress; Grant Opportunity for New Overhead Street Name Signs; State College Blvd. Corridor Master Plan; Demonstration Intersection Opportunities: Lincoln, State College, Brookhurst/Crescent; Street Lighting Standardization. Included were maps, slides of entryway monument signs presently in place, citywide signage removal in progress showing before and after, project boundaries, samples of new street light standards and those to be replaced, etc. He also noted that on tonight's agenda, Item A11, it is recommended that the Council approve an increase in the Public ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 28, 1997 Works Capital Improvement Budget by $150,000 for the Lincoln Avenue/State College Boulevard Intersection Landscaping Project which will allow staff to proceed with design and implementation. Council Members posed questions during and after Mr. Johnson's presentation which were answered by both Mr. Johnson and John Lower, Traffic and Transportation Manager. Mayor Daly asked if any time was spent looking at the existing landscape medians along West Lincoln as an example and the potential of upgrading the existing landscape treatment and the possibility of going to an enhanced look. Gary Johnson. Jack Kudron, Parks Superintendent is present today and that is one of his issues -- that they do need to do some of that work. Other committee members were looking more at new construction and new installation where there is no landscaping. They are trying to balance the situation and hopefully will have a program that does a little bit of both. Mayor Daly. Perhaps an inventory at some point in the future may be helpful so they can see where are the existing medians, how would they be graded -- acceptable or below acceptable. He knows the ones on West Lincoln were planted a long time ago. Council Member Tait. At a future workshop what he would like to see is for the committee to look into doing all the medians citywide and what that would take. In Tustin and Irvine, the medians make such a difference and really upgrade an area. City Manager Ruth. One of the problems, as they have gone through the recession, maintenance has been cut back and medians do require a substantial amount of maintenance. Medians do have a large impact on the community and hopefully over a period of time, they can be built back up; Council Member Tait. He would like to see how much it will take and then the Council can make a decision. Council Member McCracken asked if they were looking at upgrading, changing or improving the irrigation systems which in many cases are 25-30 years old and no longer state of the art. She asked if that was part of the committee's discussions. Gary Johnson. It has not been the focus but it is something they have discussed and will continue to do so because they do not want to embark on all new construction and new improvements while there are maintenance problems in other areas or areas where there are no improvements or new irrigation. Mayor Daly. It is great to see the cooperative work that is in progress relative to corridor beautification. He feels there is major progress and would like to see staff continue doing what they are doing. It is going in the right direction. He thanked staff and all involved and also for the informative presentation. 163: "ANAHEIM ACHIEVES": City Manager Ruth. Anaheim Achieves is a community cooperative effort for youth involving the City of Anaheim, the Anaheim City School District, Anaheim Community Foundation, Anaheim Boys and Girls Club, University of California/Irvine and other business and service agencies. Terry Lowe, Superintendent of Recreation, will introduce the presenters. Terry Lowe, Superintendent of Recreation introduced Dr. Robert Thompson, Superintendent of the Anaheim City School District, who will brief the program. (Mr. Lowe distributed a booklet to the Council entitled -- Extended Learning Program - Anaheim Achieves - Schools for the 21st Century - made a part of the record). Dr. Roberta Thompson, Superintendent/Anaheim City School District. In looking at the enrollment figures in Anaheim, she is concerned over the rate the figures are going up. A major part of that concern is the number of those kids out on the streets today with all 22 schools being on a year-round schedule. There are 5,000 students on the streets of Anaheim at any given time or month in the City. It is a ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 28, 1997 challenge that is going to have to involve everyone. It presents a great opportunity and it has the potential of becoming a major model of cooperation. Typically, schools and cities do not work closely together. Agencies working cooperatively bring together their areas of specialty. Dr. Thompson then briefed the material contained in the booklet -- demographics and trends, program development, desired program outcomes, goals of the program, etc. In summary, she stated that Anaheim's kids are faced with unbelievable challenges. Information is doubling every five years, seven million children across the country are surfing the Internet daily and that number is doubling every five years. The ACSD serves over 20,000 students and will add 1,000 more a year. They speak over 50 different languages and almost 13,000 are limited in English; 15,000 are below the poverty line. Between July and February last year, over 7,000 of the district's students moved in or out of the City. Change is not an event but it is ongoing. No one institution can provide what all of the youth of the City need today. The quality of the Anaheim community will be affected in numerous ways in the quality of schools but also the services available to the youth after school. The last two pages in the booklet list some of the ideas for some of the classes that will be offered. She thanked the Council for their attention. Terry Lowe. There is one other speaker, Mr. Mike Nebin, Public Affairs, Anaheim Chamber of Commerce. Mr. Mike Nebin. He is present on behalf of two agencies, the Anaheim Chamber of Commerce and the Private Industry Council's Anaheim Collaborative. The Chamber Board supports the Anaheim Achieves project and has enacted a resolution to that effect which has been submitted to the Council (made a part of the record). The Chamber is prepared to assist the Anaheim Achieves project by encouraging a business partnership with the schools. They are pleased to be part of this and to take a role in it. At the conclusion of the presentations, Council Members posed questions or commented on the program; City Manager Ruth noted that on the Council agenda tonight for Council's consideration, Item A14, is an appropriation of a $50,000 allocation of CDBG carryover funds to establish a "Kids in Action" program at Jefferson II Elementary School as part of the Anaheim Achieves Extended Learning Program. Mayor Daly. It is heartening to see how the Chamber and City School District are joining forces. The Council will look forward to progress reports and future requests and suggestions. He thanked Dr. Thompson for her presentation as well as Mr. Nebin and thanked staff as well. REQUEST FOR CLOSED SESSION: City Attorney White announced there is one item to be added to the Closed Session agenda -- Hotel Employees and Restaurant Employees Union, Local 681 vs. City of Anaheim, Orange County Superior Court Case 78-57-46. MOTION. Mayor Daly moved to waive the 72-hr. posting provision of the Brown Act adding Item No. 5 (see below) to the Closed Session agenda. The need to act arose after the agenda was posted. Council Member Zemel seconded the motion. MOTION CARRIED. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Closed Session items. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 28, 1997 The following items are to be considered at the Closed Session. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existing Litigation: Name of case: Delmonico, et al. v. City of Anaheim, et al. (and 18 related cases) Orange County Superior Court Case No. 70-80-71. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existing Litigation: Name of case: Nunley v. City of Anaheim, et al., Orange County Superior Court Case No. 77- 23-97. PUBLIC EMPLOYMENT PERFORMANCE EVALUATION: (1996-97 Annual Performance Review) City Manager, City Attorney, City Clerk, and City Treasurer. CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Dave Hill Employee organization: Anaheim Fire Association, AMEA, and IBEW. Hotel Employees and Restaurant Employees Union, Local 681 vs. City of Anaheim, Orange County Superior Court Case No. 78-57-46. RECESS CLOSED SESSION: Mayor Daly moved to recess into Closed Session. Council Member Zemel seconded the motion. MOTION CARRIED. (4:00 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: Father Ed Petkin, St. Polycarp's Church, gave the invocation. FLAG SALUTE: Council Member Tom Tait led the assembly in the Pledge of Allegiance to the Flag. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council recognizing Disneyland on the 40th Anniversary of Disney's Community Service Awards and presented to Lisa Fujimoto, Community Relations and Judy Givens, who was also present. Mayor Daly and Council Members congratulated and commended Lisa and Judy and Disneyland on behalf of the City. The Mayor stated that after 40 years of Community Service Awards by Disneyland, it ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 28, 1997 was worth special focus. In 1957, Disneyland started this important Orange County tradition and in that time, more than 11,000 organizations have benefited from their generosity. Mrs. Fujimoto thanked the City on behalf of Disneyland resort. They are pleased to support the community and they are looking forward to continuing to do so for many years to come. 119: PRESENTATION - RECOGNIZING LINDA GARCIA - RECIPIENT OF THE EMPLOYEE OF THE YEAR AWARD: Recognizing Linda Garcia, Job Training Program Assistant, Community Development, recipient of the Employee of the Year Award from the Rotary Club of Anaheim. Mayor Daly. Yesterday, City Manager Ruth and he attended the weekly Rotary Club meeting where the club recognized Linda Garcia of the City's Community Development Department who was chosen the City's Employee of the Year. City Manager Ruth then gave the highlights of Linda's 23-year tenure with the City and the Mayor briefed her many community activities. He thereupon presented her with the plaque from the Rotary Club which stated -- Presented to Linda Garcia -- "Service Above Self" Award by the Anaheim Rotary Club designating Linda Garcia, City of Anaheim Employee of the Year, 1997. RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: 1. PROCLAMATION: Proclaiming October, 1997 as National Arts and Humanities Month. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $6,050,082.06 for the period ending October 24, 1997, in accordance with the 1997-98 Budget, were approved. ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Deborah Mokhtari, 2509 W. Crescent, Anaheim. Addressing an issue from the last meeting, she is a resident of West Anaheim and is excited about the Redevelopment Project that is happening there. The more they can get into Redevelopment in West Anaheim, the happier the community will be. West Anaheim is suffering badly right now. They received a copy earlier today of some of the crime statistics which in part stated that 15% of the crimes committed in the City occur in that survey area which is only 2.3% of the total City average. One of the concerns is the increase in sex-oriented businesses (SOB's). They would like the City Council to develop a budget and plan to address these establishments. They would like to send a message to these businesses that they may have the legal right to exist, but if they come to Anaheim, they will meet the City's high standards and the City will not step down to their questionable ones. They feel that the money spent up front will be less than the money spent after the fact fighting crime and drugs, the blighting, the property and sales losses. In West Anaheim, they are under Redevelopment. With an SOB, they have serious concerns whether they can attract the businesses that will help them to prosper. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 28, 1997 Council Member Zemel. The Council cannot respond under this portion, but under Council Comments. He will have some comments relative to the matter at that time. Miriam Kaywood. As a resident of West Anaheim for 41 years, she would also like to add comments that the residents do have a good community organization and they do care a lot about the entire City, but West Anaheim is an older area and it is time to take a lot of action to improve it. Later in the meeting under Council Comments, there was additional discussion and input. (See Item C2.) David Call, 526 N. Dale, Pastor of a church on the corner where the SOB is located. He echoes the comments of the women who spoke and appreciates their efforts in helping their community become a positive oriented community. The business referred to is of concern not only to himself personally, but also members of the church. Many live within a radius of one mile of the business. He is pleased for this opportunity to address the Council. There are other people from the community who are also present on this matter this evening. Wendell Zeller, Cypress. He has been to the Council Meeting before about a year ago. He would like to propose along with the Tinseltown project as he has proposed before, a tower -- one that is very popular in Europe and elsewhere mostly back east. World wide, any tower like this will bring other people to the area. He is a licensed contractor and has certain agreements with European developers and also builders that will build or have built towers of this nature -- approximately 365' up to 425' high. He has requested a parcel of land either within or adjacent to the Stadium within Sportstown and /or other property that may be available at the Stadium grounds that will not interfere with anything else, preferably close to the Amtrak Station. He has been around California for 43 years. He would like to see if the Council will consider his request. PUBLIC COMMENTS - AGENDA ITEMS: Public input was received on Item A13, A16 and A22 (see discussion under those items). MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of October 28, 1997. Council Member Lopez seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A23: On motion by Mayor Daly, seconded by Council Member Lopez, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Mayor Daly offered Resolutions Nos. 97R-199 and 97R-200, for adoption. Mayor Daly offered Ordinance No. 5622 for adoption. Refer to Resolution/Ordinance Book. Al. 118: Rejecting and denying certain claims filed against the City. Referred to Risk Management. The following claims were filed against the City and actions taken as recommended: ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 28, 1997 A2. A3. A4. A5. A6. a. Claim submitted by Edilberto Pantig for property damage sustained purportedly due to actions of the City on or about September 23, 1997. b. Claim submitted by The Gas Company for property damage sustained purportedly due to actions of the City on or about July 14, 1997. c. Claim submitted by Tracey Walker-Clavel c/o Douglas Easton, Esq., for bodily injury sustained purportedly due to actions of the City on or about April 9, 1997. d. Claim submitted by Donald E. Brothers, Jr. for property damage sustained purportedly due to actions of the City on or about July 22, 1997. 105: Receiving and filing minutes of the Budget Advisory Commission meeting of September 17, 1997. 105: Receiving and filing minutes of the Investment Advisory Commission meeting held May 22, 1997. 112: Receiving and filing the Supplemental Law Enforcement Services Funds (SLESF) Report for the month of September, 1997, as submitted by the City Treasurer. 117: Receiving and filing the Investment Portfolio Report Amended Executive Summary for the month of August, 1997, as submitted by the City Treasurer. 117: Receiving and filing the Investment Portfolio Report Executive Summary for the month of September, 1997, as submitted by the City Treasurer. 173: Receiving and filing an order (R.97-10-018) before the Public Utilities Commission of the State of California filed October 9, 1997, San Francisco Office, instituting rulemaking; and an order (I.97-10-019) instituting investigation on the Commission's own motion to design and implement a program that provides for publicly available telecommunications devices capable of servicing the needs of the deaf or hearing impaired in existing buildings, structures, facilities, and public accommodations. 167: Awarding a contract to the lowest responsible bidder, Computer Service Co., in the amount of $39,290 for SR-57/State College Boulevard Corridor Traffic Signal Improvements; and in the event said Iow bidder fails to comply with the terms of the award, awarding the contract to the second Iow bidder, as well as waiving any irregularities in the bids of both the Iow and second Iow bidders. 169: Awarding a contract to the lowest responsible bidder, All Concrete Construction, in the amount of $44,251.50 for ADA Retrofit - 22 Bus Bay Improvements at various locations; and in the event said Iow bidder fails to comply with the terms of the award, awarding the contract to the second Iow bidder, as well as waiving any irregularities in the bids of both the Iow and second Iow bidders. 167: Awarding a contract to the lowest responsible bidder, Computer Service Company, in the amount of $45,004 for SR-91/La Palma Avenue East Corridor Traffic Signal Improvements; and in the event said Iow bidder fails to comply with the terms of the award, awarding the contract to the second Iow bidder, as well as waiving any irregularities in the bids of both the Iow and second Iow bidders. 150: Awarding a contract to the lowest responsible bidder, Green Giant Landscape, Inc., in the amount of $120,113.70 for Peralta Park Play Equipment Replacement; and in the event said Iow bidder fails to comply with the terms of the award, awarding the contract to the second Iow bidder, as well as waiving any irregularities in the bids of both the Iow and second Iow bidders. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 28, 1997 A7. 167: Awarding a contract to the lowest responsible bidder, C.S. Construction, Inc., in the amount of $174,971 for SR-91/La Palma Avenue West Corridor Traffic Signal Improvements; and in the event said Iow bidder fails to comply with the terms of the award, awarding the contract to the second Iow bidder, as well as waiving any irregularities in the bids of both the Iow and second Iow bidders. A8. 123: Approving Sewer Relocation Utility Agreement No. 12-UT-367 for the I-5 Freeway Widening Project, Segment A3 (Sewer Al0 and A11. A9. 169: Approving and supporting the Orange County Environmental Management Agency as the lead agency for the Beach Boulevard Smart Street Improvements for the segment between 0.1 mile south of Lincoln Avenue to 0.1 mile south of the SR-91 Freeway located within the City of Anaheim. Al0. 123: Approving Program Supplement Nos. 008, 009, 010, 011, and 012 to Master Agreement No. TSM/FCR-5055 with Caltrans regarding Transportation System Management Projects. All. 106: Amending the FY 1997/98 Public Works Department's Capital Improvement Budget by increasing expenditures in Fund 440 (Capital Outlay) by $150,000 for the Lincoln Avenue/State College Boulevard Intersection Landscaping Project. Mayor Daly. He commended staff for following up on the neighborhood improvement that is needed very badly and looks forward to the results of this project to beautify the intersection of Lincoln and State College. A12. 123: Approving the consent to the assignment of an existing contract with C.K. Construction to Charles King Company for work required in the Anaheim Hills "Santiago" Landslide area. A13. 107: ORDINANCE NO. 5622: (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER 6.44 OF, AND ADDING NEW CHAPTER 6.44 TO, TITLE 6 OF THE ANAHEIM MUNICIPAL CODE RELATING TO NUISANCES. (Introduced at the meeting of October 21, 1997, Item A19.) Jeff Kirsch, 2661 W. Palais, Anaheim. He supports neighborhood maintenance and wants to improve the quality of life in Anaheim. However, when wording such as "likely to" is included in the proposed ordinance, which he feels is vague, arbitrary and subject to interpretation with no specific standards and enforcement, he believes the code becomes mostly a tool for harassment and neighborhood disputes. He then pointed to another section which he felt was so specific, perhaps the City does not have any business interfering. He asked the Council to take his comments into account before action. A14. 163: Approving the allocation of CDBG Carryover funds from Fiscal year 1996/97, in the amount of $50,000 to establish a "Kids in Action" program at Jefferson II Elementary School as part of the Anaheim Achieves Extended Learning Program; and increasing CDBG revenues and expenditures in the amount of $19,904 in account #235-213-4277 and $30,096 in account #235- 213-7287. A15. 140: Authorizing the Community Services Department to accept a grant for California Library Literacy Services Act monies, in the amount of $100,933 from the State Library, and increasing the Community Services Department's Library Services Division budget for both revenue and expenditure in Fund 217 in the amount of $100,933 for Fiscal year 1997/98. A16. 161: RESOLUTION NO. 97R-199: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DESIGNATING A REDEVELOPMENT SURVEY AREA FOR STUDY PURPOSES (WEST ANAHEIM REDEVELOPMENT AREA). ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 28, 1997 Jeff Kirsch, 2661 W. Palais, Anaheim. He questioned why certain areas were being included in the project area, why they needed a study, and was concerned that they seemed to be creating new Redevelopment areas every two years which requires that they be declared blighted areas. If this keeps recurring, perhaps they should refocus Code Enforcement efforts instead. After additional questions and comments, he asked that the Council consider those before voting. A17. 123: Approving the federally funded FY 1997-98 Emergency Shelter Grant Agreement, in the amount of $5,000 with the Orange Coast Interfaith Shelter. A18. 123: Approving the federally funded FY 1997-98 Emergency Shelter Grant Agreement, in the amount of $10,000 with Episcopal Service Alliance (Beacon House). A19. 123: Approving the federally funded FY 1997-98 Emergency Shelter Grant Agreement, in the amount of $15,000 with Women's Transitional Living Center. A20. 123: Approving the federally funded FY 1997-98 Emergency Shelter Grant Agreement, in the amount of $35,000 with Anaheim Interfaith Shelter. A21. 129: Authorizing the City Manager/Fire Chief to initiate a Request for Proposal for emergency transport services. (Continued from the meetings of September 23, 1997, Item A19, and October 7, 1997, Item A27.) A22. 123: Approving the Consent Agreement with Forest City Development California, Inc., relating to the Negotiation Agreement for the Sportstown Site. (Proposed Tinseltown Project.) (Continued from the meeting of October 21, 1997, Item A33.) RESOLUTION NO. 97R-200: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF A CERTAIN PURCHASE AND SALE AGREEMENT BETWEEN OGDEN ENTERTAINMENT, INC., AND JOINT ESCROW INSTRUCTIONS, AND RELATED DOCUMENTS; AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO. Council Member Tait declared a conflict on this item and will, therefore, be abstaining from any discussion and decision. The following people then spoke regarding this item - the Tinseltown Project - and their comments summarized: (They spoke under Public Comments on Agenda Items). Bill O'Connell, 110 W. Katella, Anaheim. He is representing two or three people. He is also Chairman of the Board of the Anaheim/Orange County Visitor and Convention Bureau and a partner in Stovall Hotels. There are approximately 30 million visitors to the Anaheim/Orange County area annually spending about five billion dollars. As great as the area is, the one major complaint is that there is little to do at night. They feel Tinseltown is a great concept and are excited it is being presented to be considered for Anaheim. It will create jobs, bring in tax revenue and make the people who visit stay longer. It will also tie the Pond and Anaheim Stadium area into the resort area. It is a great project and for someone to come in and spend $15 million, they are excited about the prospects and encourage a yes vote. Victor Gurgis, Forest City Development (Sportstown). Forest City supports the Tinseltown project. It will be an important and integral part of the overall Sportstown plan. They are very familiar with Ogden Entertainment. It is a great company and they do a great job. He urged their affirmative vote which will move the process along and bring them closer to their goal of delivering a successful Sportstown to Anaheim. ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 28, 1997 Patrick Hines, Director of Public Relations, Anaheim Hilton. Many of their customers and guests are looking for somewhere to go in the evening and many end up in other cities where there are nighttime attractions. Tinseltown will provide somewhere for them to go at night to have a great time nearby in the City of Anaheim. They heartily support Tinseltown. Miriam Kaywood, Anaheim. She believes the Tinseltown project is very necessary. Having spent over 16 years on the Council, she knows that not having enough nighttime activities for visitors and conventioneers and also residents has been a problem. With Jack Lindquist behind the project, they can't go wrong. She supports the project. Jeff Kirsch, 2661 W. Palais, Anaheim. He asked whether the transfer of the property for Tinseltown might be more advantageous to the residents if structured as a long-term lease rather than a sale. This might help the City solve a $9 million dollar bond issue in that area. He would like to know the analysis done on the City's part relative to alternatives; Mayor Daly. He will ask the City Manager to address the question. City Manager Ruth. He deferred to Joel Fick, Planning Director, the Project Manager on Tinseltown. He and his team have explored all the options. Joel Fick, Planning Director. The item was discussed in some detail in the workshop on October 21, 1997 as well as at the evening Council meeting (see minutes of 10/21/97 where extensive discussion and input was received at the 3:00 P.M. Workshop and the 5:00 P.M. portion of the meeting). Primarily, the structure was based on two reasons -- Ogden's interest in committing to constructing a $15 million improvement within the City and secondly, in order to be competitive with other sites being considered for this project including other locations outside the City. Council Member Tait left the Council Chamber temporarily (5:54 P.M.). Council Member Zemel. It is important that the Council feel secure and comfortable in making these types of decisions and that all due diligence has been given. Last week, he posed a series of questions. It is not all about going for a finalized project -- they need to know that all through the process, everything was done right. In this case, there are some things that did not seem right and there was not a lot of time to get comfortable with it. There was no appraisal and there was a good reason for that. There was no RFP and no Public Hearing scheduled. As it turns out, the Keyser Marston people did a great job going through an evaluation which is different than an appraisal. Generally when he looks at a piece of property for sale, he starts with an appraisal and goes from there. Staff did for his purposes, hire an MAI Appraiser to do backup work to the evaluation. They are two separate processes. The backup MAI work seems to concur with the evaluation so he feels comfortable that the value of the property is around the right area. What he has tried to establish is that they are not going to be "rubber stamping" transactions and to find out the details. He met with staff several hours yesterday and got some of the answers to questions he posed last week. He approves this use going forward. He would like to see a little different process so that Mr. Lindquist would not have to go out and get all these good business people to come in and speak for the project. He is prepared to go forward on this when the Council desires. Mayor Daly. Regarding the project, he appreciates Council Member Zemel's comments on some of the details and it is a transaction with many details. It is great to see the prospect of an important first step for the Sportstown development project. This particular project, the Tinseltown building, is unique because it can stand alone as an attraction or work well with the proposed Sportstown complex. It is a winner in many ways -- jobs, revenues to the cities and adding another attraction to Anaheim's entertainment destination. They do need a little more night life for local residents as well as millions of visitors to the City. He is a strong supporter of the project. Council Member McCracken. They have done a great deal of homework on this proposal. She believes the community will be delighted to know in a little over a year Tinseltown is scheduled to open far in advance of some of the other projects. It will be an exciting first for Anaheim. Council Member Tait entered the Council Chamber (6:04 P.M.). 10 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 28, 1997 MOTION. Mayor Daly moved to approve the Consent Agreement with Forest City Development California, Inc., relating to the Negotiation Agreement for the Sportstown site, the proposed Tinseltown Project. Council Member Zemel seconded the motion. Council Member Tait abstained. MOTION CARRIED. Mayor Daly. This is a unanimous vote for the Tinseltown Project (with Council Member Tait abstaining). He congratulated the partners in the project -- Jack Lindquist, Jim Garber (both from Garlin Productions) and the people from Ogden Entertainment. They appreciate yet another improvement in Anaheim by Ogden following on the heels of the Arrowhead Pond and appreciate their continuing belief in the future of Anaheim. They are grateful to everyone involved and also other staff for putting together such an attractive package which will bring so much revenue to the City and add luster and value. They look forward to a Hollywood style opening. A23. 114: Approving minutes of the Anaheim City Council meeting held October 7, 1997. Roll Call Vote on Ordinance No. 5622 for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5622 duly passed and adopted. Roll Call Vote on Resolution No. 97R-199 for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 97R-199 duly passed and adopted. Roll Call Vote on Resolution No. 97R-200 for adoption: AYES: NOES: ABSENT: ABSTAINED: MAYOR/COUNCIL MEMBERS: McCracken, Zemel, Lopez, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: Tait The Mayor declared Resolution No. 97R-200 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. 11 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 28, 1997 B1. ORDINANCE NO. 5623: (ADOPTION) Amending Title 18 to rezone property under Reclassification No. 97-98-03 located at the northeast corner of Pullman Street and Old Canal Road from the CO (SC) zone to the CL (SC) zone. (Introduced at the meeting of October 21, 1997, Item B16.) Mayor Daly offered Ordinance No. 5623 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5623: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (RECLASSIFICATION NO. 97-98-03). Roll Call Vote on Ordinance No. 5623 for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5623 duly passed and adopted. D1. 175: PUBLIC HEARING - CREATING UNDERGROUND DISTRICT NO. 30: To consider approval of the creation of Underground District No. 30 (Imperial Highway/Santa Ana Canyon Road) in accordance with the requirements of Chapter 17.24 of Title 17 of the Anaheim Municipal Code relating to Underground Utilities. LOCATION: The proposed Underground District No. 30 is created to provide for the undergrounding of overhead utilities on Imperial Highway from SR 91 to north of Nohl Ranch Road and on Santa Ana Canyon Road from Imperial Highway to Via Cortez as shown on the Underground District No. 30 - Imperial Highway/Santa Ana Canyon Road map. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - October 16, 1997. Mailing to property owners within 300 feet - October 13, 1997. Posting of property - October 17, 1997. Submitted was report dated October 28, 1997 from the Public Utilities General Manager, Ed Aghjayan recommending creation of the subject district as shown on Exhibit "A" attached thereto. Dale Tarkington, Assistant General Manager, Electric Utility. This is a proposed Underground District, District No. 30, Imperial Highway and Santa Ana Canyon Road to Nohl Ranch Road and a piece of Santa Ana Canyon Road as well. Mayor Daly. It creates the local Underground District which implements the previous approval; Dale Tarkington. That is correct. When the plan was approved earlier this year, it encompassed this district. The Council requested that they go all the way down to Nohl Ranch Road which they have done with the formation of this district. Mayor Daly opened the Public Hearing. 12 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 28, 1997 Jeff Kirsch, 2661 W. Palais, Anaheim. As he has done in all the previous Public Hearings on undergrounding, he is objecting to the creation of the district. The expense does not make electricity more available, deliver it more efficiently, and is purely cosmetic. The ratepayers deserve a lot better use of the money and there are other projects the Utilities has initiated that fall into that category. The costs should be paid by the beneficiaries. These expenses should not be continued particularly at the present time when they are facing a lot of uncertainty in this period of deregulation. Max Engel, 1181 N. Catalpa, Anaheim. He is not opposed to undergrounding. The resident's contribution to the revenue for funding these projects is the majority rather than the undustrial and commercial interests and, therefore, residents needs should be considered first. As he understands, one of the philosophies of undergrounding is to beautify the City. He asked if they are more interested in beautifying industrial or residential areas. He would like to the Council to ask the Public Utilities Board and the members of the department what percentage of projects are being considered in the next immediate two years to residential sections and secondly, what particular areas of the residential sections are being considered. He lives on the west side and would like to see some consideration given to that section of the City. Mayor Daly closed the Public Hearing. Mayor Daly. The undergrounding utility projects are selected once a year and he believes great care has been taken to make sure all parts of the City are covered and a balance is struck. They are attempting to do projects from east to west and north to south and maintain a balance between commercial, residential and industrial areas. There is a five-year plan update which is reviewed every year. He would say there is a great deal of balance in that plan. City Attorney White. While beautification is mentioned as the motivating factor, the actual justification as stated in the staff reports for D1. and D2. are the public safety benefits that accrue with undergrounding. Beautification results, but the justifying factor relates to the public safety by putting these facilities underground. Council Member Tait. The timing of some of these is contingent upon when there might be a street widening. There are economies to be gained by avoiding duplication. Mayor Daly. He suggested that Mr. Engel obtain a copy of the five-year plan and any of the other background documents. It is very constructive to see the long list of projects being done city wide. Nine years of projects have been done or contemplated or planned. Dale Tarkington. He will see that the information is supplied to Mr. Engel. Mayor Daly offered Resolution No. 97R-201 for adoption creating Underground District No. 30 (Imperial Highway/Santa Ana Canyon Road). RESOLUTION NO. 97R-201: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CREATING UNDERGROUND DISTRICT NO. 30 (IMPERIAL HIGHWAY/SANTA ANA CANYON ROAD) Roll Call Vote on Resolution No. 97R-201 for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: Zemel The Mayor declared Resolution No. 97R-201 duly passed and adopted. 13 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 28, 1997 D2. 175: PUBLIC HEARING - CREATING UNDERGROUND DISTRICT NO. 31: To consider approval of the creation of Underground District No. 31 (La Palma/Kraemer) in accordance with the requirements of Chapter 17.24 of Title 17 of the Anaheim Municipal Code relating to Underground Utilities. LOCATION: The proposed Underground District No. 31 is created to provide for the undergrounding of overhead utilities on La Palma Avenue between Kraemer Boulevard and Grove Street and at the intersection of Kraemer Boulevard and La Palma Avenue as shown on the Underground District No. 31 - La Palma/Kraemer map. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - October 16, 1997. Mailing to property owners within 300 feet - October 13, 1997. Posting of property - October 17, 1997. Submitted was report dated October 28, 1997 from the Public Utilities General Manager, Ed Aghjayan recommending creation of the subject district as shown on Exhibit "A" attached thereto. Dale Tarkington, Assistant General Manager, Electric Utility. This is another project on La Palma and Kraemer consisting of 1 1/2 miles at a cost of approximately 2.8 million dollars. Mayor Daly. This proposed Underground District would implement a previous budgetary decision to include this intersection. He then opened the Public Hearing. Jeff Kirsch, 2661 W. Palais, Anaheim. He would like to incorporate by reference his remarks from the previous hearing. (See his remarks under item D1.) With this project, while all others could claim some benefit, it is in the middle of a commercial-industrial area near a freeway on ramp. He questioned any possible justification or safety benefit. Mayor Daly closed the Public Hearing. Mayor Daly offered Resolution No. 97R-202 for adoption. Refer to Resolution Book. RESOLUTION NO. 97R-202: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CREATING UNDERGROUND DISTRICT NO. 31 (LA PALMA/KRAEMER). Roll Call Vote on Resolution No. 97R-202 for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: Zemel The Mayor declared Resolution No. 97R-202 duly passed and adopted. 14 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 28, 1997 D3. 175: PUBLIC HEARING - CREATING UNDERGROUND DISTRICT NO. 32: To consider approval of the creation of Underground District No. 32 (Peralta Hills Drive #1) in accordance with the requirements of Chapter 17.24 of Title 17 of the Anaheim Municipal Code relating to Underground Utilities. LOCATION: The proposed Underground District No. 32 is created to provide for the undergrounding of overhead utilities on Lakeview Avenue and Peralta Hills Drive, south of Santa Aha Canyon Road as shown on the Underground District No. 32 - Peralta Hills Drive #1 map. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - October 16, 1997. Mailing to property owners within 300 feet - October 13, 1997. Posting of property - October 17, 1997. Submitted was report dated October 28, 1997 from the Public Utilities General Manager, Ed Aghjayan recommending creation of the subject district as shown on Exhibit "A" attached thereto. An additional report dated October 28, 1997 requested a continuance of the Public Hearing to the meeting of November 18, 1997. Mayor Daly. Staff has recommended a continuance of this item to November 18, 1997. MOTION. Mayor Daly moved to continue the Public Hearing on Underground District No. 32 to November 18, 1997. Council Member Zemel seconded the motion. MOTION CARRIED. At the close of the Council meeting, a Mr. Frank Liggett, Peralta Hills Drive spoke stating that he was present earlier at the Public Hearing on Underground District No. 32 but is not sure what occurred. Mayor Daly. Staff recommended that the item be continued to a future date and a motion was made and approved to continue the matter to November 18, 1997. City Attorney White. He explained that the Pac Bell Company made an inquiry of the City relating to whether the evidence warranted establishing that district. In reviewing their inquiry, staff felt there was not a sufficient amount of information to bring to the Council to make the necessary findings. Staff requested a continuance to November 18, 1997 at which time there will be supplemental information as to whether the district should be established. Mayor Daly. Because Mr. Liggett attempted in good faith to address the matter, he asked if they could allow comments at this time and incorporate those into the minutes; City Attorney White asked Mr. Liggett if it would be possible to come back to the meeting of November 18, 1997. Mr. Liggett. It is OK with him. They are in favor and in support of undergrounding. C1. 108: TAXI CAB APPLICATION -- SOUTH COAST CAB COMPANY: To consider the application of South Coast Cab Company for a permit to operate a taxi service in the City of Anaheim. Originally submitted was report dated October 1, 1997 from the City Attorney, Jack White, At the meeting of 10/7/97 (see minutes that date) extensive discussion and input was received at the conclusion of which a motion was offered to continue consideration of the application of South Coast Cab 15 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 28, 1997 Company (SCCC) for a permit to operate a taxi service in Anaheim and directed staff to report back with conditions for approval of the permit. The continuance was scheduled this date. City Attorney White. He has worked with the Code Enforcement Manager, John Poole, who has also talked to the permit applicant. After conferring, it is their joint recommendation (City Attorney/Code Enforcement Manager) if the Council determines there is a public convenience or necessity present and a desire to grant the permit, that no additional conditions need be imposed. He deferred to Mr. Poole. John Poole, Code Enforcement Manager. He reported that since the last meeting, a letter was received from '%" Taxi Cab Company (one of the two cab companies permitted to operate in Anaheim) requesting that their previous proposal to add 50 more cabs be withdrawn effective October 24, 1997. They will retain the 50 cabs they now have and Anaheim Yellow Cab will also retain their 50 cabs. The reason '%" Taxi Cab even applied for the 50 vehicles was that those vehicles are also used at Orange County Airport to bring visitors into Anaheim. They wanted to be able to use those taxis in Anaheim coming from the airport. They decided to withdraw to see if OCTA regulations will bring about anything different and also to see what the market might be in the future. Council Member Lopez. He asked if anyone had done a survey on whether or not there are too many or not enough cabs in the City; Mr. Poole. There has been no survey certainly not by City staff or the applicant. They do know that returns from the Transient Occupancy Tax (TOT) for the month of September are down. That would indicate that there are fewer visitors staying in the City. He confirmed for Council Member Lopez that with the construction in progress in the Resort Area, that could have a negative impact on the stays in local motels/hotels. The following people then spoke to the issue and their comments summarized: Mr. Larry Slagle, Board Member Visitor and Convention Bureau and Principal, Anaheim Yellow Cab. He first addressed the issue of visitors to the City noting that the TOT is going down and they are trying to work with their members to increase membership and to get money to do further outreach to keep the TOT up and keep visitors/conventioneers coming to the City during this period. He then gave an extensive presentation relative to cab companies, how they are regulated, costs, impacts of diluting service, etc. Subsequently, he noted there are at present two providers in Anaheim and there have been no complaints in the past year. As well, the Chamber has no complaints. Further, if there are problems regarding need and necessity, the Council and staff would be well aware of the situation. OCTA is presently developing a new ordinance that will make for a more level playing field. This will not be the last of the applications to be submitted. He recommends that they table the matter for nine months or a year and allow staff to do work to come up with an objective way to meet the need and necessity issue. He knows of no public need or necessity at this time. He urged that they start some kind of meaningful process so that they do not have to come up and decide what is need and necessity. In their opinion, until the Disney project and the Convention Center project is completed, activity around Anaheim is going to be less than it is now. Rick Scherling, 2406 S. Main Street, Santa Ana, General Manager, "A" Taxi Cab. At the last meeting, it was misconstrued that their application to the Anaheim Police Department for more taxi cabs was because there was more business. That is the main reason he withdrew the request for additional cabs after that meeting. The reason he asked was strictly an operational decision because they have John Wayne Airport. It is much better for the company and travelling public if their drivers are able to load passengers at John Wayne who are destined for Anaheim or the Anaheim area and be able to stay in that area without returning empty to John Wayne. Another important issue, for the last eight years they, along with Anaheim Yellow Cab, have made tremendous investments in the City. They have a very large fleet to draw from and, therefore, cannot only service the daily business that comes over the phone or from guests staying at hotels, but also when there is a major convention and during the Summer when there are a tremendous number of tourists and visitors at Disneyland. They are able to meet the need but that cannot be done with a very small fleet. It is not possible to service all of Anaheim. Their company and Yellow Cab have been in a situation where they have always had to subsidize their fleet and drivers in order to provide the service necessary. It is not possible to come up with cabs overnight unless they are already there. He would have nothing to say about any cab company 16 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 28, 1997 who had the depth of their company and Yellow Cab. Without at least 50 cabs, the service cannot be provided. Both companies have proven year after year they have the depth and the financial capability to provide the necessary service even on short notice. No company with five cabs or 13 cabs can do that. Gary Myers, Attorney representing SCCC, 1303 Avocado, Newport Beach (also see his testimony given on October 7, 1997 - see minutes that date). He responded to and rebutted/refuted some of the comments made by both Mr. Slagle and Scherling. He then stated that his client is prepared to compete on the level playing field they say they want. His client has been a permitee in Buena Park and has not "cherry picked" the clients at Knott's Berry Farm. It comes down to -- shall the market place decide or shall they in the absence of evidence determine that competition need not occur. No one can know for sure how many additional cabs are required in the City of Anaheim in any particular month. The issue should be decided in the streets -- his client is ready to compete. Questions were then posed to Mr. Myers by Council Member McCracken revolving around the issue of public convenience and necessity. Extensive input was given by Mr. Myers. At the conclusion of further discussion and questioning with input by Mr. Slagle and Scherling, Council Member Lopez stated he does not have enough information to vote on this matter tonight. He suggested that they continue the matter for approximately 90 days so that staff can get input from the hotel associations or the Chamber of Commerce. It seems to him they need to do a survey in order to have more information on which to base their decision. He moved for a 90-day continuance and that staff get information on cab use in Anaheim. Mayor Daly. Where he is, he believes it is appropriate to allow additional firms to operate on a level playing field under consistent rules and procedures. Based on some of the input tonight, it is clear to him they need a way to evaluate the situation and also to make absolutely sure there is no "skimming", "creaming", "cherry picking", etc. to the detriment of other companies. It is also important to make sure the entire community is serviced and to pin down the need and necessity issue, perhaps not immediately, but at some point it is necessary to do so. Council Member McCracken seconded Council Member Lopez' motion; Mayor Daly asked him to restate the motion. Council Member Lopez. That the matter be continued for 90 days and to have staff report back to the Council on the need and necessity of additional cab service in the City. Council Member Zemel. He assumes, under a continuance, things would continue to operate as they do now with two companies and the subject applicant would not be allowed to provide service until such time as the Council revisits the issue; Mr. Poole stated that is correct. Council Member Lopez confirmed that is his understanding as well. Council Member Tait. The law requires them to ask two questions regardless of what they think about the competition issues. Whether there is a public need or necessity and also whether the applicant has a sufficient number of vehicles to adequately service all of the City. Staff has determined that the answer to both is, no. He does not see a reason to continue to hold the applicant at bay. They deserve an answer and the industry deserves an answer. He is ready to vote on the application tonight. Council Member Zemel. After questions to staff for purposes of clarification, he stated that the burden of proof has not been satisfied. He does not agree with staff instituting a survey using taxpayer money for something that the applicant should be doing and to subsequently resubmit their request. He cannot support the motion because he does not want staff working on the applicant's behalf because that is where the burden of proof lies. He will support Council Member Tait's position. 17 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 28, 1997 Mayor Daly. There are at least two Council Members who would like 90 days to have staff do more work, at least one who wants an outright no, and perhaps two, and then there is himself who feels if the first and second company did not have to go to the expense of proving need and necessity, why should the third one have to. Somewhere in the process, they need some data about what the supply and demand is in the community. He tends to agree on a 90-day continuance. To be productive, there needs to be something generated that is fair and also does not burden the taxpayers. City Attorney White. There are two alternatives -- act upon the matter tonight, or continue it. If they act, they will either approve or deny the application. If denied, any denial could be made without prejudice so that at a later date, the applicant can reapply. The statements made concerning the burden of proof are correct in that it is ultimately on the applicant to present evidence upon which the Council can make the 11 findings required in the AMC. The two crucial ones are whether or not the number of cabs proposed can serve the entire City and the other is whether the public convenience and necessity require approval of the permit. What has been suggested is that it be continued to have staff do a study. Ultimately, what that may be doing is delegating the Council's responsibility to staff. In any process like this, it is ultimately going to receive evidence and in many cases, the evidence is pro and con. It is up to the Council to weigh that evidence. Council Member Tait. Among the findings, the law requires, (1) that the public convenience or necessity require the operation of such taxicab(s) or chauffeured limousine(s) within the City of Anaheim and, (2) that the applicant has sufficient number of vehicles to adequately service the entire City. (See 11 required findings as listed on page 1 and 2 of staff report dated October 7, 1997). If the answer is, no, the application has to be denied; City Attorney White. That is correct. They only have to find that one of the criteria is not satisfied. Council Member Tait. He continued, 13 cabs as being proposed by SCCC in a City of 300,000 does not seem to be near enough to adequately serve Anaheim. By law, this application cannot be approved. Additional discussion and debate followed wherein Council Member Lopez reiterated his request for additional information countered by Council Member Zemel that staff has already gone through the process and has submitted extensive information. He believes that Council Member Lopez is looking for information that is not there. If the application is disapproved, the applicant can subsequently put together a better application to find the need for public convenience and necessity. To have staff go back and continue to do the job the Council has asked them to do over and over again is redundant. Mayor Daly called for a vote on the motion to continue the matter for 90 days with a report back from staff on the need and necessity of additional cab service in the City. The motion failed to carry by the following vote: NO - McCracken, Tait, Zemel - AYES - Lopez, Daly. MOTION. Council Member Zemel moved to deny the application on the basis that it does not meet (two) findings in Anaheim Municipal Code Section 4.72.040 that (1) that the public convenience or necessity requires the operation of such taxicab(s) and (2) that the applicant has a sufficient number of vehicles to adequately service the entire City, and to encourage the applicant to come back after doing their own study. Council Member Tait seconded the motion. The motion carried by the following vote: AYES - McCracken, Tait, Zemel; NO - Daly; Abstained - Lopez. C2. REPORT ON CLOSED SESSION ACTIONS: City Attorney Jack White stated that there are no actions to report. 18 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 28, 1997 C3. 114: COUNCIL COMMENTS: Council Member Zemel. An issue came up last week with regard to SOB's (Sex-Oriented Businesses). (See Item A31., 10/21/97 Council meeting and the discussion that took place). He does not believe they can do anything about this tonight but he would like to give some input. When he first became a Council Member, City Attorney, Jack White and he, and he believes at the time, Council Member Feldhaus, worked on State legislative items to try to relieve some of the burdens on the cities which cause great concern regarding SOB's. The legislation was carried by Jim Morrissey but form some reason got "killed" early on. It is true Anaheim probably has the toughest ordinance in the State. They have lost a couple of cases and a lot of money has been spent and lost in law suits. His point last week was -- is there some logic in fighting each and every one of these cases regardless of the advice they are getting up front on the outcome. Would it be better to fight each one as they come along to provide a deterrent to applicants of these businesses. He feels they need to look at the situation, refocus, and try harder in that area. No Council Member got elected on the basis that they were for adult businesses and none have ever supported anything like that. Council Member Zemel thereupon suggested that they develop a task force similar to the INS issue (the one that resulted in the stationing of INS Officers in the City jail) by creating a liaison committee where two Council Members, members of the Police Department, the City Prosecutor and/or City Attorney, Code Enforcement, Intergovernmental Relations working with Sacramento and Washington on legislation. Relative to adult businesses, he questioned if they were doing everything possible when they find violations to be a real problem for such businesses. He does not have the answers and Council has not been directly involved recently. As a Council, he feels they have to take a very positive, unified approach to the problem. Having a task force report back to the Council would be helpful and the Council can subsequently take actions from there. Today he spoke with the National Law Center for Children and Families about the issue and they said they have spoken to the City Attorney before. They spoke to him more about the fact that there are problems that cities have in having to allow these types of businesses in their City and if cities do not have places for them to operate, it will come back and then they will be able to operate anywhere they want. Most operations are in business by the "skin of their teeth". He asked if the Council can take action tonight. City Attorney White. If the Council is going to create a new liaison committee or task force, it needs to be placed on a future agenda for discussion. Council Member Zemel. He will not be present on 11/4/97. He would like to get Council's approval on the concept and he would also like to be on the task force. Mayor Daly. They will start with that premise and see if there is any other feedback or staff information that would be desired as part of that agenda item. If there is a feeling that a liaison committee would be helpful, he feels they should go forward. Council Member Lopez. He agrees with the recommendation and he would like to serve on the task force as well. Council Member McCracken. She asked that the matter be agendized when Council Member Zemel will be at the meeting; it was determined that the matter would be placed on the Council meeting agenda of November 18, 1997. City Attorney White. At that time, he will provide to the Council the things they have been doing. Perhaps he has been remiss in not giving detailed information on all the things that are going on right now with these adult businesses. He explained some of the things that have recently occurred. He will provide all information to the Council. He supports the idea of aggressively improving the ordinance to the fullest extent. They have gone through the process of getting permits in the hands of those doing business. After doing so, the City is in a better position to close down those businesses not in compliance. He supports the concept of more dialogue. 19 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES OCTOBER 28, 1997 Deborah Mokhtari, 2509 W. Crescent, Anaheim. She suggested that they add the community to the task force and tap the resources of existing community groups such as WAND. As a community, they have been in touch with the National Family Legal Foundation and she brought with her tonight a survey from them that they would review the City's ordinance for free to help get the task force started. There is also another organization called the National Coalition for the Protection of the Family and they have picked San Diego as their pilot City on the West Coast. Hopefully they could tap them as a resource also. Being actively involved in this as a citizen, the City of Anaheim had one of the toughest ordinances across the U.S. 1 1/2 years ago. Today, she feels they are starting to fall by the wayside. There have been a lot of changes and other cities and states have been able to write their ordinances to make them tougher. Council Member Zemel. He envisions the task force holding public meetings. He will be suggesting in the future that they have some meetings where public input can be received. Tim Murphy, 819 N. Roanne Street, Anaheim. He agrees with what they are doing right now. He spoke to City Attorney White about the Imperial Juice Bar. They do need to be tough with these businesses and he would personally like to be involved in any activity such as the task force as well. Council Member McCracken. The Anaheim Ballet is organizing its fund-raising support group. Anyone who is interested in being part of that can contact them through the Anaheim Arts Council. ADJOURNMENT: By general Council consent, the Council meeting of October 28, 1997 was adjourned (8:00 P.M.). LEONORA N. SOHL CITY CLERK 2O