HomeMy WebLinkAboutMinutes 022796C
n
ATASCADERO CITY COUNCIL
FEBRUARY 27, 1996
MINUTES
CLOSED SESSION:
Approved as Submitted
Meeting Date: 03/12/96
The City met in Closed Session at 6:30 p.m. for purposes of discussions pertaining to:
1. CONFERENCE WITH LABOR NEGOTIATOR:
Agency negotiator: City Manager
Employee organizations: Management; Mid-Management/Professional; Fire
Captains; Firefighters; Atascadero Sergeants Service Organization.;
Atascadero Police Officers Assoc.; Atascadero Public Safety Technicians
Organization.; Service Employees Intl. Union
At 7:00 p.m., the City Council adjourned Closed Session. The City Attorney noted
that there had been direction given to the labor negotiator.
REGULAR SESSION - 7:00 P.M.:
The Mayor called the meeting to order at 7:07 p.m. Councilperson Carden led the
Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Carden, Johnson, Luna and
Mayor Highland
Absent: None
Also Present: Rudy Hernandez, City Treasurer and Lee Price, City Clerk
Staff Present: Andy Takata, City Manager; Steve DeCamp, City Planner;
Art Montandon, City Attorney; Roy Hanley, Assistant City
Attorney; Brady Cherry, Director of Community Services;
Brad Whitty, Finance Director; and Bud McHale, Police
Chief
PRESENTATIONS:
Proclamation observing March 4, 1996 "DeAnza Day" in Atascadero
CC 02/27/96
Page 1
The Mayor presented the proclamation to Lindsay Hampton, on behalf of Amigos
de Anza of San Luis Obispo County. Ms. Hampton announced that the Heritage
Trails Fund committee is planning a large event for November (no date certain)
involving commemorative walks and rides, as well as a relay, and invited
participation.
Proclamation observing March 7, 1996 "Arbor Day"
The Mayor presented the proclamation to Marj Mackey of the Native Tree
Association. Ms. Mackey reported on activities planned for March the 7t"
Presentation of donation from Atascadero Land Preservation Society (ALPS)
toward the purchase of Stadium Park (Marjorie Mackey, Chair, ALPS Fundraising
Committee)
Marj Mackey presented to the Mayor a check for $10,000 representing the first
payment of the pledge by ALPS to assist with the purchase of Stadium Park.
Lindsay Hampton, ALPS Chairman, read a prepared statement relative to the
recent tree trimming at Stadium Park (see Exhibit A).
REGULAR REPORTS:
City Attorney: Status report on the Millhollin Mine (verbal)
Art Montandon provided a brief report on a special meeting held on February 21"
and explained that the matter would be brought back for action by the City
Council on March 12t"
Deputy City Attorney: Roy Hanley deferred to Agenda Item #B-1.
COMMUNITY FORUM:
The following individuals commented on recent tree trimming performed by the
California Department of Forestry in Stadium Park:
Certified Arborist and resident James Patterson reported that he, at the request of
the City Manager, had walked through Stadium Park to assess the situation and
provided a report. He noted that while the apparent rationale was to provide
access along the easement, most of the cutting had been outside of that realm.
He reported that there were many examples of poor pruning techniques which may
impair natural tree repair and added that he wasn't able to determine why some
trees were trimmed the way they were. Emphasizing that he meant no disrespect
to the crew, he pointed out that they are trained in certain fire suppression
techniques and were asked to do something outside of their training. Mr.
Patterson explained that his biggest concern is continuous violations of the City's
tree ordinance and questioned whether or not the City is really dedicated to the
preservation of the community's native oak forest. He asserted that the City
Council is responsible for enforcing the ordinance and encouraged them to address
this matter. He suggested that a steering committee be appointed to develop a
vision and implementation plan for the future of Stadium Park.
CC 02/27/96
Page 2
Geraldine Brasher, 3202 Monterey Road, agreed that a steering committee as
suggested by James Patterson be established and proposed that the committee be
kept small and include representatives from the City and members of ALPS and the
Atascadero Native Tree Society (ANTA).
Eric Greening, 7365 Valle, expressed concern that the tree trimming was a direct
violation of Transportation Enhancement Act (TEA) grant requirements to preserve
the natural habitat. He articulated strong disapproval and urged the drafting of a
written contract with the people of Atascadero ratified by the City Council calling
for no further cutting of trees in Stadium Park. He, too, spoke in support of the
establishment of a committee to plan for the future of Stadium Park.
Rose Flaherty, ALPS member, criticized tree trimming techniques and the outcome.
Ursula Luna, Atascadero Historical Society, congratulated the City Council for
receiving the first donation from ALPS and spoke to the issue of tree removal and
trimming in Stadium Park. She also shared concern for violating TEA Grant
requirements and spoke to the issue of tree protection and preservation
throughout the City. She proposed that the City Council re-evaluate the tree
ordinance and ensure its enforcement.
Joan O'Keefe, 9985 Old Morro Road, voiced similar concerns and criticized
management for the attitude taken during this situation.
Rick Mathews, member of ANTA, demanded that the damage done is a direct
violation of the City's Tree Ordinance. He urged the Council to ensure
enforcement of the ordinance and to emphasize community -wide environmental
education. Mr. Mathews also reported that ANTA is sponsoring a seedling
planting event and explained that details will follow on March 7"
Dorothy McNeil, 8765 Sierra Vista, observed that weed abatement is the only fire
management law on the books and asked who profits from the wood that was cut.
Nancy Koren, 7365 Valle, expressed dismay and pointed out that the planning
process for Stadium Park has not yet begun.
Lon Allan, 6850 Santa Lucia, argued that the tree trimming was not as bad as
many are saying it is and suggested that those who wonder, go up and see it for
themselves.
---end of testimony ---
Andy Takata reported that James Patterson has volunteered his services to the
City to give seminars to the staff and public, as well as work with staff on the tree
ordinance. He noted that new policy has been adopted as a result of the incident
and summarized other actions taken. The Fire Chief apologized for the situation
and reported that staff will review current State and local laws to determine where
there are conflicts.
CC 02/27/96
Page 3
Councilman Luna inquired as to who paid for the tree trimming and cutting. Chief
McCain reported that the crews were prisoners and Paso Robles School for Boys
residents supervised by the California Department of Forestry and clarified that the
City had not been charged for the work.
The City Manager accepted full responsibility and encouraged members of the
public who have concerns about the incident to contact him.
Council discussion followed. Councilman Luna argued that the tree ordinance is
not being adhered to and voiced concern that most of the trimming took place on
private property. Mayor Highland emphasized that the tree ordinance applies to
the City as well. Councilman Johnson commented that he would like the Council
to review the tree ordinance. Andy Takata assured the Council that before any
more brush is removed, the policy will be reviewed by the Council.
A. CONSENT CALENDAR:
The Mayor read the Consent Calendar, as follows:
1. CITY COUNCIL MINUTES - February 13, 1996
(City Clerk's recommendation: Approve)
2. CITY TREASURER'S REPORT - January, 1996
(City Treasurer's recommendation: Review & accept)
3. RESOLUTION NO. 14-96 - Approving the loan of Wastewater funds to the
General Fund
(Staff recommendation: Adopt)
MOTION: By Councilmember Luna, seconded by Councilmember Johnson
to approve the Consent Calendar; motion passed 5.0 by roll call vote.
B. PUBLIC HEARINGS:
1. ATASCADERO SEXUALLY -ORIENTED BUSINESS ORDINANCE
A. Negative Declaration
(Staff recommendation: Find to be adequate)
B. Ordinance No. 298 - Establishing the Atascadero Sexually -Oriented
Business Ordinance by dispersing sexually -oriented businesses and
limiting them to specified zoning districts; providing for licensing and
regulation of sexually -oriented businesses and employees; and
providing additional health and safety regulations for sexually -oriented
businesses
(Staff recommendation: Motion to introduce and adopt on first
reading by title only)
C. Ordinance No. 300 - Amending the Zoning Ordinance text to
implement and conform to the provisions of the Atascadero Sexually -
CC 02/27/96
Page 4
Oriented Business Ordinance (ZC 95-005; City of Atascadero)
(Staff recommendation: Motion to introduce and adopt on first
reading by title only)
Roy Hanley and Steve DeCamp provided a joint staff report and responded to
questions from the Council
Public Comments:
M'Lee Zalvidar, local resident and member of Citizens Coalition Against
Pornography, turned in an additional 500 signatures of residents opposed to
sexually oriented adult businesses.
Dan McPherson, also a member of Citizens Coalition Against Pornography, offered
an explanation for a previous memo to the City Council requesting that this matter
be continued and explained that it was not never the intention of those involved to
stall the passing of the proposed ordinance. The concerns have been addressed,
he said, and spoke in support of adoption.
Rusty Risch, resident and owner of Risch's Jewelers, provided some suggestions
for revisions to the ordinance and requested that the matter be continued to allow
for the modifications.
Bonita Borgeson, 4780 Del Rio, asked if Janet LaRue (Senior Legal Counsel for the
National Law Center for Children and -Families) had reviewed the final draft of
Ordinance No. 296 and proposed that, if not, she be asked to provide input. In
addition, Ms. Borgeson also inquired if the public will be notified when an
application is submitted for a sexually -oriented business.
Tom Austin, Citizens Coalition Against Pornography, submitted comments by
Donald Curtis (see Exhibit B). He suggested that the ordinance be continued to
ensure that all questions and concerns are addressed.
Bill Zimmerman, Planning Commissioner, read a prepared statement urging a
revision to the ordinance relative to access by minors accompanied by adults (see
Exhibit Q.
---end of testimony ---
Roy Hanley addressed questions presented by the public. He reported that Janet
LaRue had provided him with a model adult businesses ordinance and other
relative studies. He explained that he had drafted the proposed ordinance by
combining a number of enforceable ordinances, including the model one and had
conferred with Ms. LaRue during the process. He commented that he did not feel
it necessary to request that she review the final draft and indicated further that he
himself has the credentials to address the issues and is comfortable with the
content. He also reported that no public hearing is required for an application to
open a sexually -oriented business and cautioned that other cities have been
unsuccessful with attempts to enforce public notice provisions.
Responding to inquiries from the City Council, Roy Hanley advised that the
CC 02/27/96
Page 5
Supreme Court has already ruled that minors cannot lawfully purchase obscene
materials unless accompanied by an adult and explained that, as long as there is
parental permission, the purchase does not constitute contribution to the
delinquency of a minor. He emphasized that the proposed ordinance is as strict as
it can legally be made as it relates to minors. Mr. Hanley also advised against
requiring personal background checks on applicants, or placing restrictions on
certain individuals because the courts have ruled that these actions impede on first
amendment rights.
Discussion ensued relative to language in Section 2-A(2) regarding the total
amount of floor area that may be used for display. Roy Hanley suggested that
quantifying the risk of removing the word "floor" is difficult. He reported that the
language has been upheld and that he had not seen any litigation that tested any
language removing the word. Councilmember Carden suggested that another
section be added that further clarifies and defines "display" space. Roy Hanley
recommended that, to keep the ordinance on track, the Council consider directing
staff to come back later with a modification. There was Council support to stay
within the time -line of the proposed ordinance, proceed and direct staff to come
back at a future date with a modification relevant to "display space'.
MOTION: By Councilmember Luna, seconded by Councilmember Bewley
to find the Negative Declaration prepared for the recommended actions
adequate; motion passed 5.0.
MOTION: By Councilmember Luna, seconded by Councilmember Johnson
to waive the reading in full and introduce Ordinance No. 298 on first
reading; motion passed 5.0 by roll call vote.
MOTION: By Councilmember Luna, seconded by Councilmember Johnson
to waive the reading in full and introduce Ordinance No. 300 on first
reading; motion passed 5.0 by roll call vote.
The Mayor called a break at 9:14 p.m. At 9:27 p.m., the meeting reconvened.
2. RESOLUTION NO. 13-96 - Approving the Solid Waste Collection Franchise
Agreement with Atascadero Waste Alternatives, Inc.
(Staff recommendation: Adopt)
This matter was continued by mutual request.
C. REGULAR BUSINESS:
1. REQUEST FOR A RESOLUTION OPPOSING PROPOSITION 199, LIMITS ON
MOBILEHOME RENT CONTROL (Rancho Del Bordo Mobilehome Estates
Community Association)
(Staff recommendation: Provide direction)
Andy Takata introduced the item and requested direction. Councilmember Luna
commented in favor of adopting a resolution opposing Proposition 199 because it
shifts control from the local to state level. Councilmember Johnson agreed.
CC 02/27/96
Page 6
Public Comments:
John McGoff, 10025 EI Camino Real, spoke in opposition to State Proposition 199
relevant to mobilehome residency law arguing that the sole purpose of the bill is to
prevent adoption and enforcement of mobilehome rent control ordinances. He
pointed out that Atascadero does not have a rent control ordinance but urged the
Council to be proactive and take a stand against the bill. He reported that there
are six mobilehome parks containing 393 mobilehomes and noted that some parks
are experiencing high rents. He implored the Council to take action to protect
citizens against rent gouging.
Marj McGoff, 10025 EI Camino Real, emphasized that language of the bill is very
misleading and also encouraged the Council to take formal action in opposition.
Mary Joan Wallace, 10025 EI Camino Real, voiced similar concerns and
commented that mobilehome residents need the City's help.
---end of testimony ---
MOTION: By Councilmember Luna, seconded by Councilmember Johnson
to direct staff to bring back a resolution opposing Proposition
199 and to include statements opposing the removal of local
control; motion unanimously passed.
D. COMMITTEE REPORTS (The following represent standing committees.
Informative status reports were given, as follows.):
1. S.L.O. Council of Governments (COG) - Councilmember Carden reported
that COG is monitoring the issue of radioactive waste transportation and
forwarded to the Council a copy of the Executive Director's written
explanation of recent COG action.
2. Economic Round Table - Councilmember Johnson reported that the Round
Table has explored options to fund the position of Economic Development
Director and will be forwarding information to the Council before the Mid -
Year budget review.
3. Ad Hoc Regional Water Management Committee - Mayor Highland
announced that this committee would meet the following week.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Councilmember Bewley shared concern and frustration about skateboarders
congregating near certain businesses and on public walkways. Discussion ensued.
There was agreement to direct staff to bring back a modification to the existing
skateboard ordinance relevant to regulating skateboarding in the public right-of-
way and on properties open to public use.
CC 02/27/96
Page 7
LJ
Councilmember Luna voiced concerns regarding the condition of San Gabriel Road.
Andy Takata provided a status report and explained that the contractor is
required, under warranty, to perform certain types of maintenance. He noted that
he will have the Streets Division monitor the road for safety concerns.
2. City Clerk: Authorize City Clerk to recruit for citizens to serve on the
Building & Construction Board of Appeals (two terms expiring)
The City Clerk reported that terms for John Vial and Robert Fisher will expire in
April and requested authorization . to recruit interested applicants. The City
Council gave said authorization.
3. City Manager
Andy Takata reported that a Closed Session regarding property negotiations was
requested. By unanimous vote, the City Council added the matter to the continued
Closed Session agenda.
ADJOURNMENT:
The City Council adjourned to Closed Session at 10:02 p.m. Closed Session
adjourned at 10:07 p.m. The City Attorney announced that no direction had been
given.
THE NEXT MEETING OF THE ATASCADERO CITY COUNCIL WILL BE TUESDAY,
MARCH 12, 1996 AT 7:00 P.M.
MINUTES -RE 'ZDEAD PREPARED BY:
LEE PRICE, CMC
CITY CLERK
Attachments:
CC 02/27/96
Page 8
Exhibit A (Hampton for ALPS)
Exhibit B (Curtis)
Exhibit C (Zimmerman)
/ CC2/27/96
} EXHIBIT A
Atascadero Land Preservation Society
P.O. Box 940, Atascadero, CA 93423
Mayor Highland
February 27, 1996'
City Councillors
• 3
As Chairman mn of the Atascadero Land Preservation Society, I am canpelled to speak s
out about the tree cutting last week in Stadium Park. ALPS was founded to preserve
and protect the most significant natural lands in Atascadero for future generations
to enjoy. In this capacity we have been raising money to help the City purchase
Stadium Park. I
i
We were shocked and dismayed when we learned of the indiscriminate cutting
and saw the results. It was obvious that those wielding chainsaws didn't know
what they were doing and that serious damage was done to a number of trees.
Several of our supporters were so upset as to suggest that ALPS withhold our
donation to the City.
Our board members have visited the scene and spoken to City administrators
and those responsible. we all agree that the City is truly sorry the cutting
occurred , but that it resulted frau a misguided attempt to be helpful and
provide fire mitigation and access for emergency vehicles.
Yes, errors in judgement were made, but they have been forthrightly acknowledged
(a rare thing these days) and those responsible have learned frac the experience
j
that they must be much more sensitive in their actions dealing with our natural'
1
habbitat•
7
We feel that nothing would be gained by our withholding the check frau the
City for a few weeks or even halting our fund raising efforts. Revenge and
recriminations will accc=lish nothing.
To say that the Fire Departmenthashung up its chainsaws for good is, perhaps,
injecting too much levity into a situation that must be taken seriously, but
they have learned a lesson and do realize the need for more education in tree
Page 2
i
trimming techniques and the need for closer supervision of cutting. To that
end, workshops are being planned with the help of local arborists.
It's always painful to learn through a tragic situation, but the Atascadero
Land Preservation Society hopes we all can profit frccn this episode and learn
to be more sensitive towards nature and each other.
Thank you.
Sincerely, f
Lindsay Hampton
Chairman, I
Atascadero Land Preservation Society
PRESENTATION TO ATASCADERO CITY COUNCIL
2-27-96
CC2/27/96
'
ADULT BUSINESS ORDINANCE EXHIBIT B
.. i
p
I BELIEVE THE ORDINANCE HAS BEEN SUBMITTED TO YOU IN AN IMPROPER
MANNER. i
IT DOES NOT REFLECT ALL CHANGES MADE BY THE PLANNING COMMISSION.
ESPECIALLY IMPORTANT IS THE CHANGE THE PLANNING COMMISSION
MADE TO REQUIRE THAT NO PERSONS UNDER 18 BE ADMITTED TO ADULT
B"USINESSES OR ALLOWED TO MAKE PURCHASES.
YOUR ATTORNEY SAID IN HIS FEBRUARY 15 MEMO TO YOU THAT HE
DIDN'T INCLUDE THE CHANGES BECAUSE HIS RESEARCH INDICATES
THAT THEY AREN'T IN ACCORD WITH A SUPREME COURT DECISION.
HOWEVER, HE SAYS YOU CAN INCLUDE THEM ALTHOUGH HE
RECOMMENDS THAT YOU DO NOT DO SO.
1
I BELIEVE THE ORDINANCE SHOULD HAVE BEEN SUBMITTED TO YOU
WITH THE CHANGES INTACT AND THE ATTORNEY COULD HAVE RECOMMENDED
THAT THE PLANNING COMMISSION VERSION BE MODIFIED.
0R
THE ATTORNEY COULD HAVE RETURNED THE ORDINANCE TO THE PLANNING
COMMISSION FOR FURTHER CONSIDERATION BEFORE SUBMITTING IT TO
YOUR COUNCIL.
IN ANY EVENT THE PLANNING COMMISSIONERS DIDN'T EVEN RECEIVE
COURTESY COPIES OF HIS MEMO (AT LEAST AS OF 3 YESTERDAY
AFTERNOON). I LEARNED ABOUT THIS BY CHECKING THE COUNCIL
AGENDA PACKET AT THE LIBRARY LAST SATURDAY.
AS THIS IS AN ADULT BUSINESS ORDINANCE AND A PRIMARY CONCERN IS
THE HARMFUL EFFECTS ON CHILDREN AND MINORS EXPOSED TO THE EFFECTS
OF SUCH BUSINESSES ( SEE YOUR WHEREAS PROVISIONS)y IT IS
•INCOMPREHENSIBLE TO ME THAT ACCESS MUST BE GRANTED TO PEOPLE
UNDER 18 IF THEY ARE ACCOMPANIED BY AN ADULT OR THAT THEY ARE j
ALLOYED TO MAKE-PURCHASESIF AN ADULT SAYS IT IS OKAY.
i
CASINOS IN NEVADA DO NOT ALLOW MINORS IN THE GAMBLING AREAS
IF ACCOMPANIED BY PARENTS (AT LEAST THEY DIDN'T LAST TIME
I WAS IN NEVADA)
MOVIE THEATERS SHOWING X RATED FILMS DO NOT ALLOW MINORS UNDER
ANY CIRCUMSTANCES ( THIS WAS SAID TO BE A VOLUNTARY RULE BUT j
IT IS UNIVERSAL IN ALL ADVERTISING1,
THERE ARE BARS WHERE PEOPLE UNDER AGE ARE NOT ADMITTED.
Y
IN FACT, I HAVE BEEN TOLD THAT MR. DIAMONDS RADIO ADS SAY
NO ONE UNDER 18 IS ADMITTED.
THERE ARE STATESTHATDO NOT ALLOW ANYONE TO SUBSCRIBE TO A
ADULT SATELITE CHANNELS.
I BELIEVE THAT FURTHER RESEARCH IS ,NEEDED BEFORE AN ORDINANCE
ADMITTING MINORS IS APPROVED. WE HAVE THE TIME TO OBTAIN AN
ATTO=NEY GENERAL OR OTHER OPINION.,
ADULT BUSINESS ORDINANCE
PAGE 2
WE SHOULD ALSO BE GIVEN THE CITATIONS AND COPIES OF THE DECISIONS
SO THAT WE CAN REVIEW THEM BEFORE FINAL ACTION IS TAKEN.
IF YOU DECIDE TO INCLUDE THE RESTRICTION THEN I HAVE NO OBJECTION
TO PROCEEDING TONIGHT.
THE DEPUTY CITY ATTORNEY ALSO REPORTED SEVERAL OTHER POSSIBLE
MODIFICATIONS. ALTHOUGH THEY WERE NOT RECOMMEDED PER SE THE
IMPLICATION IS THAT IT MAY BE A GOOD IDEA TO FURTHER WEAKEN THE
ORDIANCE AS THERE MAY BE NO COST/BENEFIT ADVANTAGE TO THE
TOUGHER VERSION.
AT THE PLANNING COMMISSION I STATED THAT I WAS VERY CONCERNED
ABOUT THE ALLOWANCE OF ADULT BUSINESSES AS HOME OCCUPATIONS
ALTHOUGH I DIDN'T SEE ANY WAY AROUND THIS. UPON REFLECTION
I THINK IT MAY BE POSSIBLE TO PROHIBIT ADULT HOME BUSINESSES.
THIS PROHIBITION SHOULD GET FURTHER CONSIDERATION AS THE
REGULAR RETAIL ADULT BUSINESSES WON'T CONTEST SUCH AN EXCLUSION.
IN ANY EVENT WE SHOULD HAVE A THOROUGH ORDINANCE THAT WILL DO
WHAT NEEDS TO BE DONE, ESPECIALLY AS REGARDS PEOPLE UNDER 18.
AT THE VERY LEAST, IF YOU FEEL YOU CAN'T APPROVE THE ORDINANCE
AS APPROVED BY THE PLANNING COMMISSION I REQUEST THAT YOU
REQUIRE MORE RESEARCH AND RETURN THE ORDINANCE TO THE PLANNING
COMMISSION FOR FURTHER CONSIDERATION. THIS WILL ALSO GIVE
THOSE MEMBERS OF THE PUBLIC WHO WANT MORE TIME TO MAKE
SUGGESTIONS THE CHANCE TO DO SO.
i
WILLI/M ZIMMERMAN
6225 Lomitas Rd. I
Atascadero, CA 93422
CC2/27/96
EXHIBIT C
27 February 1996
Subject: The draft "Atascadero Sexually OrientedBusiness Ordinance.
Under recommendation, what is meant by "the negative declaration?"
Under analysis: An ordnanceis a legal way to enforce and prevent legal
adult business owners from bringing blight, increased crime and a decrease
in,,property values. On the other adult material should not be hindered from
expression.
Recommendation: A line should be drawn between the opposing views to define
what is legally allowed and what is not allowed. Another way of looking at
this is to define what is wholesome and uplifting and what pollutes and
corrupts individuals exposed to materials and activities in adult businesses.
The exhibits need to be explained.
Legal Framework-- California law defines illegal pornography that is
"obscene matter" and "harmful matter". If the matter found in an adult
business didn't approximate these descriptions, minors would not be restricted
from entering them. What is good for minors should be good for adults.
The Proposed Ordinances: Guards against adverse conditions that would
impair "revitalization efforts", cause a "skid row" effect and "to avoid
potentially deleterious impacts" on these sensitive uses.
Again the greatest trajedy would be pollution and corruption of the morals
of those who are aware of and through curiousity and patronageexpose
themselves totheunsavory influences of adult business.
Section 8 --The second sentence of Section 8 of the ordinance sounds
like a disclaimer of tha will to enforce against the deleterious effect on
the cotmu uty. Double talking leaves the sincerity of the ordinance in
question. On the other hand the statement "neither is it the intent or
effect of this ordinance to in any way condone or legitimize the distribution
of obscene or harmful to minors' material." is commendable.
Near the top of page 4 "Whereas, the City Council . . . .further
finds that restricted hours of operation will further prevent the adverse
secondary effects of sexually oriented business;" Under "hours of operation
in Section 21 the ordinance provides that the adult.: business be closed
between the hours of 2:00 a.m and 6:OO a.m on any particular day."
This does not sound like a significant "restriction of hours of operation."
The hours that the bowling alley has would be more appropriate.
J. O.=
j 76 Tey,,,