1990/06/128S
City Hall. Anaheim. California - COUNCIL MINUTES - June 12, 1990, 2;00 P.M.
The City Council of the City of Anaheim met in adjourned regular
session.
PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter
ABSENT: COUNCIL MEMBERS: None
PRESENT: CITY MANAGER: James Ruth
CITY ATTORNEY: 3ack White
ASSISTANT CITY CLERK: Ann M. Sauvageau
DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
DEPUTY CITY ENGINEER: Arthur Daw
PLANNING DIRECTOR: Joel Fick
MAINTENANCE DIRECTOR: John Roche
DIRECTOR OF PARKS, RECREATION & COMMUNITY SERVICES: Chris Jarvi
HUMAN RESOURCES DIRECTOR: Dave Morgan
STADIUM GENERAL MANAGER: Greg Smith
CONVENTION CENTER GENERAL MANAGER: Lynn Thompson
CHIEF OF POLICE: Joseph Molloy
ADMINISTRATIVE SERVICES MANAGER: Ron Rothschild
PROGRAM DEVELOPMENT & AUDIT MANAGER: Ken Stone
TRAFFIC ENGINEER: Paul Singer
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:50 p.m. on 3une 8, 1990 at the Civic Center kiosk, containing all
items as shown herein.
Mayor Hunter called the adjourned regular meeting of June 5, 1990 to order at
2:05 p.m.
106: PUBLIC HEARING RESOURCE ALLOCATION PLAN (BUDGET); To consider the
proposed 1990/91 Resource Allocation Plan (second year of the 1989/91 budget).
Submitted were the following reports all dated June 5, 1990 from the Program
Development & Audit Manager, Ken Stone - (1) Revising Fiscal Year 1990/91
Appropriations Limit to reflect changes in law resulting from "Santa Barbara
County Taxpayers V. Board of Supervisors", 1989; (2) Fiscal Year 1990/91
Appropriations Limit; (3) Fiscal Year 1990/91 Appropriations Limit, Community
Facilities District No. 1989-1 (Sycamore Canyon); (4) Fiscal Year 1990/91
Appropriations Limit, Community Facilities District No. 1989-2 (The
Highlands); and (5) Fiscal Year 1990/91 Appropriations Limit, Community
Facilities District No. 1989-3 (The Summit) - each recommending adoption of
proposed resolutions relating to the subject.
RESOURCE ALLOCATION PLAN (RAP) DEPARTMENTAL BUDGETS: City Manager, James
Ruth, referred to the Resource Allocation Plan 1990/91 budget update
previously presented to the Council along with the detailed line item budget.
The budget update (summary) contained the City Manager's transmittal letter.
"This plan represents the second half of the 2-year 1989/91 budget approved by
the City Council in June of 1989. This second year "update" addresses changed
financial and operational conditions, while adhereing to the City's mission
statement "To provide the leadership and service necessary to make Anaheim a
quality place in which to live, work and play." The proposed plan totals
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City Hall, ANaheim, California - COUNCIL MINUTES - June 12, 1990, 2:00 P,M.
$531,857,210. The plan is $9,243,702 and 1.7% below the adjusted adopted
1989/90 RAP of $541,100,912 resulting from a host of offsetting conditions.
After further opening comments, Mr. Ruth then introduced and prefaced each
Department's budget presentation giving its location in the Budget Document,
Capital Improvement Plan, where applicable, budget totals and any policy
issues that needed to be addressed.
The following Department Heads then gave an overview of their Department's
plans and goals for the coming year as well as their accomplishments for the
past budget year. They further explained their proposed budget requirements
and addressed Department issues if applicable to their respective Departments.
Director of Community Development, Lisa Stipkovich - Community
Development Department; Resource Allocation Plan (RAP)
Pages 33-35. Budget total 1990/91, $63,903,924. No Capital
Improvements. The Community Redevelopment Department consists
of the Redevelopment Agency, Housing Authority and Neighborhood
Preservation Programs. The four control centers are
Administration totalling $2,038,079, Neighborhood Preservation,
$2,583,680, Housing, $19,832,698 and Redevelopment,
$39,449,467. Mrs. Stipkovich emphasized that relative to
Redevelopment activities they will be quite extensive during the
fiscal year which will be a record breaking year for Project
Alpha with the Koll Development and Lincoln Properties Projects
coming on line.
Deputy City Manager, Art Daw - Public Works/Engineering:
RAP Page 37. Capital Improvement Projects, Pages 45-67 of the
City of Anaheim Capital Improvement Plan, 1989-1994. 1990/91
Operating Plan, $7,475,502. Capital Improvements, $20,921,272.
Combined total, $28,396,774. Policy Issues Transportation
improvements to alleviate current and future traffic problems.
These are costly to implement and funds from traditional sources
are inadequate. The Department will be submitting revenue
enhancement recommendations to fund expanded traffic mitigation
efforts. With the passage of Proposition 111 and gas tax
revenues anticipated increase, staff will present proposed
projects for City Council consideration in the near future.
Mr. Daw explained that Propositions 108, 111 and 116 passed by
the voters guarantees $18.5 billion in new money will be
available for highway and transit construction over the next
10 years. These propositions will provide much needed funds for
widening of various freeways - the I5 in Anaheim as well as
funding for other transit related projects. In August, there
will be a gas tax increase which will provide Anaheim with an
additional $825,000 in revenue for fiscal year 90/91. Those
monies are above the Department's proposed budget request before
the Council today and will need to be incorporated into the
budget shortly.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 12. 1990. 2:00 P.M.
Councilman Pickler noted that Capital Improvement monies were
cut more than one half.
Ken Stone, Program Development & Audit Manager.
The adopted 1989/90 figure reflects carry-over appropriations of
over $21 million for 1988/89 projects that were added to the
1989/90 budget. This is a return to a more normal level of
capital improvement activity.
Paul Singer, Traffic Engineer, then answered questions posed by
Councilman Pickler relative to capital improvement priorities.
Planning Director, Joel Ftck - Planning ~ Zoning Department:
RAP Pages 53-55. 1990/91 Operating Plan, $6,250,705. No
Capital Improvements. Two Policy Issues: (1) regional growth
management/air quality plans and legislation to be monitored for
potential impact to the City and ensure services are available
for new development, (2) one-time funds for Citywide contract
graffiti removal/prevention as suggested by the Vision 2000
Plan. To continue these efforts, augmented funds to the
Resource Allocation Plan will be necessary.
Mr. Fick, during his overview and presentation, explained that
development processing and building activity continued to
surpass all expectations with the processing of over
$364 million in building valuation last year representing a 22%
increase over the prior year which is now the second busiest in
Anaheim's history.
Director of Maintenance, John Roche - Maintenance Services:
RAP Pages 49-51. 1990/91 Operating Plan, $48,765,377. No
Capital Improvements. Policy Issues: Vision 2000 strategies
for street maintenance, repair and sanitation - annexation of
land to Riverside County line - establishment of satellite
maintenance facility to provide service to the area.
John Roche.
The 1990/91 bud§et reflects an increase of $4,613,904 due
primarily to two items the addition of 16 new positions and
also the Recycle Anaheim Project. Facility Maintenance will be
adding 11 new positions for the expansion and growth at the
Convention Center, Stadium and Police 2000. A new on-line work
order system will be added and in operation starting July 1,
1990. He will also be coming to the Council shortly with the
proposal for a new phone system for the City.
Director of Parks, Recreation ~ Community Services, Chris Jarvi
Parks, Recreation ~ Community Services: RAP Pages 39-41.
Capital Improvement, Pages 11-19. 1990/91 Operating Plan,
$14,035,861. Capital Improvements, $2,439,187. Total Plan,
$16,475,048. Policy Issues: City's anti-gang program Project
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City Hall, Anaheim, California - COUNCIL MINUTES - June 12, 1990, 2;00 P,M.
Save A Youth (SAY) utilizes four full-time outreach workers. In
past years these workers have been funded by Federal CDBG funds
but in fiscal year 1990/91 these funds will be available to fund
only two workers. The RAP proposes using the General Fund to
continue existing levels of outreach services.
Mr. Jarvt's presentation was supplemented by slides which
covered the Parks, Recreation & Community Services budgets
individually.
Human Resources Director, Dave Morgan - Human Resources:
RAP Page 66. 1990/91 Operating Plan, $2,502,910. No Capital
Improvements.
Dave Morgan.
The total dollar proposal for the next fiscal year is up by
approximately $25,000 or less than 1% from the current year. It
includes an increase of one full-time clerical position. The
Department mission is to provide the leadership and services
necessary to attract, retain and develop quality employees for
the City of Anaheim. They are able to propose increases in
service levels for next year at less than 1% by reassigning
funds previously designated for advertising and other general
interest general support accounts. Attracting quality employees
will continue to be a major challenge. An employment video has
been produced to assist in this endeavor. The video was then
shown to the Council.
Stadium General Manager, Greg Smith - Anaheim Stadium;
RAP Page 47. 1990/91 Operating Plan, $23,115,975. No Capital
Improvements. Policy Issue: The Stadium is 24 years old.
Long-term rehabilitation and maintenance requirements have
necessitated establishing appropriate reserves. Appropriation
of reserves began in fiscal year 1989/90 and also appear in the
90/91 budget. Excess revenues over expenses are credited to the
replacement reserve.
Creg Smith.
During his presentation, he explained that one of the major
accomplishments this year was the opening of the 105,000 square
foot exhibition center, at $5.2 million project which was
completed on time and within budget. Economic consultants of
the project estimated they would break even on debt service and
operating cost near the end of the 3rd to the middle of the 4th
year of operation. He is pleased to announce today that they
are breaking even on all debt service and operating costs in the
first year of operation of the project. He also explained a
number of adjustments from the original budget submitted
although the net effect is minimal. Retained earnings for the
maintenance replacement fund is budgeted at $608,955.
569
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City Hall, Anaheim, California - COUNCIL MINUTES - June 12, 1990, 2:00 P.M.
Convention Center General Manager, Lynn Thompson - Convention
Center: RAP Page 43. 1990/91 Operating Plan, $26,416,102.
Capital Improvements, $620,222. Total Plan, $27,036,324.
Policy Issues: Betterment III Underground Parking Area
convert the underground space to meet rapidly growing
Convention/Trade Show space needs. Betterment IV - will require
locating additional parking and improving subterranean space.
Funding for architectural design work is available. Funding for
construction is not yet identified.
Lynn Thompson.
After his budget presentation, questions were posed by Council
Members answered by both Mr. Thompson and Ken Stone. Relative
to the increase in the operating budget, Mr. Stone explained it
was a combination of factors - the wrapping up of the full debt
service for Betterment III and the wrap up and revised debt
service for the Hilton Parking Garage which the City now owns.
There is no increase other than those related to
Betterment III. Relative to the scheduled completion of
Betterment III now expected to be July, even though there have
been some additional costs in the form of architectural
supervision, the project is still well within the budget
considering the contingency fund. The down side is parking
revenue loss as a result of the delay because the new parking
structure has not been available. Mr. Thompson then clarified
that the Anaheim Way program was still in place. He also
explained for Councilman Daly that the Convention Center arena
floor area is primarily used for Convention and Trade Shows as
well as the reasons why it is unlikely that the arena will ever
see the kinds of uses that were prominent in its heyday in the
1960's and 1970's.
Later in the meeting, Mr. Stone also supplied information to
Councilman Daly on the total debt service explaining that for
the Convention Center, the increase relating to Betterment III
is up $1.8 million over the 1989/90 expenditures. Total debt
service for the Convention Center Buildings A, B, C, D and E is
$7.7 million. The Hilton parking structure debt service is up
$1.6 million from 89/90 which is a result of the fact that in
89/90 the City refunded that issue as they obtained ownership to
the project. The debt service is only partial for that year and
now it is up to the full $4,087,000 which will be roughly for
the remaining life of the proceeds.
Chief of police, Joseph Molloy - Police Department;
RAP Pages 27-29. Capital Improvement Plan, Page 20. 1990/91
Operating Plan, $47,125,254. Capital Improvements, $1,687,969.
Total Plan, $48,813,223. Adjustments to the budget: The
Department is proposing an addition of two Property Supply
Clerks with no additional funds required. Two part-time
positions will be eliminated and there will be utilization of an
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City Hall, Anaheim, California COUNCIL MINUTES June 12, 1990, 2:00 P.M,
existing modified duty person in place of the Property
Supervisor position. It will improve service provided by the
Property Detail. This is an addition to the budget submitted.
Policy Issues - See Page 28 of the Plan which outlined the
issues which the City Manager briefed. There is a net increase
of 31 positions in fiscal year 1990/91 - 15 additional Officers,
2 Sergeants, 1 Lieutenant, 6 Police Service Representatives and
related support personnel. The Department and City Manager's
Office will work together over the next fiscal year to determine
options for cost effectively meeting Anaheim's policing needs
over the longer term which options will be presented to Council
for their review and consideration prior to beginning the next
2-year budget cycle.
Chief Joseph Molloy.
The Department has worked closely with the City Manager's Office
and Program Development & Audit in order to identify any
additional funding that might fund additional personnel and will
continue to do so in order to develop programs that will address
these needs now and into the future. The RAP reflects a 7%
increase or $2.9 million. Additionally the narcotics forfeiture
fund has had a substantial increase from $307,343 in 1989/90 to
$982,116 in 1990/90. Last year three positions were funded with
these funds. This year they will be able to fund ten
positions. At the conclusion of his extensive presentation on
Department activities and plans, Chief Molloy explained for
Mayor Hunter the time frame involved for getting 18 sworn
personnel on line.
Administrative Services Director, Ron Rothschild -
Administration; RAP Pages 61-62. Capital Improvement Plan,
Page 5. 1990/91 Operating Plan, $7,120,793. Capital
Improvements, $800,000. Total Plan, $7,920,793. Adjustments:
Joint Training Powers Authority (JTPA) decrease in the JTPA
administration fund revenue and expenditures down $86,590.
Decrease in JTPA operations fund revenue and expenditures,
~42,000 and an increase in the ROP £und revenue~ and
expenditures by $32,000. In October when the Federal budget is
approved, there is a possibility of reduced funding at which
time JTPA will submit a staff report to amend their
appropriations.
Policy Issues; Proposed addition of one Productivity
Improvement Analyst if additional revenues are identified. Risk
Management - proposes an additional position of Safety
Administrator. The item has been submitted as a supplemental
package and Risk Management is exploring alternative funding
sources.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 12, 1990, 2~00 P.M.
Ron Rothschild.
The proposed 1990/91 plan for Administrative Services is up
$7 plus million over the $2.5 million approved in 1989/90 due to
two issues - an additional $1.8 million in increased debt
service due to the first year of debt service payments on the
land acquisition of the proposed Sports Arena and proposed
$800,000 for economic development mtimulus or seed money in
order to stimulate various potential retail projects to bolster
the City sales tax base. Without these additions in economic
development, the year-to-year comparison would yield a decrease
of approximately $53,000 or 1.2%.
Administrative Services Manager, Ron Rothschilds - Golf:
RAP Page 45. Capital Improvement Plan, Page 8. 1990/91
Operating Plan, $3,892,974. Capital Improvements, $4,025,000.
Total Plan, $7,917,974. Adjustments: Green fee, cart fee and
tee time cart fee revenues, H.G. "Dad" Miller Golf Course
green fee increase is $368,900. Cart fee, $62,910, tee time
decrease $200,000, increase contribution to retained earnings,
$231,021. Anaheim Hills Course - Green fee increase $180,850,
cart feet $109,300, tee time decrease $200,000, increase
contribution to retained earnings, $90,000.
Policy Issues: See Page 45 of the 1990/91 update summary which
was briefed by the City Manager.
Ron Rothschild.
During his presentation, he explained that over the next few
years, they are looking at a Capital Improvement Project of
between $6.3 million and $7.3 million. Retained earnings
currently are estimated for the end of this fiscal year of
approximately $3.0 million or $3.3 million to a $4.3 million
revenue gap. Originally they were planning on sale of surplus
lands to assist but that has been held in to abeyance. There
are no proceeds from the sale of lands included in the budget.
The Walnut Creek Channel stabilization project will be
undertaken without any assistance from that source. Budgeted £n
the plan is $315,000 £n assistance from the Army Corps of
Engineers although staff thought it would be higher. Just
yesterday afternoon, however, staff heard that there may be no
funding from that source. The City's advocate in Washington
D.C. will be working on that issue. Increases are being
proposed in both green fees and cart rental fees at both courses
to close the gap. He briefed the increases that were being
proposed and in concluding advised that Anaheim is the lowest in
fees of 67 compatible surrounding courses. Anaheim is 26% below
the average being charged and 65% below the top level. The
proposed increases are included in the budget and will be
presented in total for adoption by remolution at the meeting of
June 19, 1990. Because the fees are so iow, there is a
suspicion that people are buying tee times in large volume by
those
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City Hall, Anaheim, California - COUNCIL MINUTES - June 12, 1990, 2:00 P.M.
representing "leagues" and subsequently selling those times at
higher fees to others.
Mr. Rothschild and City Manager Ruth then answered questions
posed by Council Members. Relative to the channel stabilization
project, that will not be delayed. If the Corps of Engineers
does not come through with anticipated funds, staff will come
back with a recommendation for the $300,000 on how that is going
to be done. The electronic tee time system will only help to a
certain degree in eliminating the possibility of tee times being
sold at a higher cost. Capital improvements over the next five
years range from $6.3 million to $7.3 million and revenues have
been identified for approximately one half of that amount. That
is the main reason why fee increases are being recommended in
order to build that capital level. It will come close in
closing the gap. Additional fee increases will be brought
forward in future years. The new system will have no effect on
the Mens' and Womens' Club associations. There are substantial
complaints about premium times being given to the Mens' and
Womens' clubs but the automatic reservation system has no
bearing on that.
Mayor Hunter then opened the public hearing on the 1990/91 RAP (budget) and
asked if anyone was present to speak to the proposed budget. There was no
response.
MOTION: Councilman Daly moved to continue the public hearing on the 1990/91
Resource Allocation Plan (budget) to Tuesday, June 19, 1990 at 2:00 p.m.
Councilman Ehrle seconded the motion. MOTION CARRIED.
106: APPROPRIATIONS LIMIT; Mayor Hunter then opened the public hearing on
revision to the base year appropriations limitation - 1989/90 revised to
$121,119,474 and on adopting the annual appropriations Limit of $128,116,923
for the fiscal year 1990/91.
Mayor Hunter asked if anyone wished to speak on the proposed revision and
adoption of appropriations limit, there being no response, he closed the
public' hearing.
WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were
read by the City Clerk. (90R-190 and 90R-191 for adoption)
Councilman Hunter moved to waive the reading in full of the resolutions.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 90R-190 for adoption, adopting a
revision to the base year appropriations limitation (1989/90 - revise to
$121,119,474); and Resolution No. 90R-191 for adoption, adopting the annual
appropriations limit of $128,116,923 for the fiscal year 1990/91, as
recommended in memorandums dated June 5, 1990 from the Program Development &
Audit Manager. Refer to Resolution Book.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 12, 1990, 2;00 P,M.
RESOLUTION NO, 90R~190: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING A REVISION TO THE BASE YEAR APPROPRIATIONS LIMITATION.
RESOLUTION NO 90R-191; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL
YEAR 1990/91.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Resolution Nos. 90R-190 and 90R-191 duly passed and adopted.
106: ANNUAL APPROPRIATIONS LIMIT DISTRICT NO, 1989-1 (SYCAMORE CANYON),
1989-2 (THE HIGHLANDS) AND 1989-3 (THE SUMMIT);
Community Facilities District No, 1989-1 (Sycamore Canyon);
City Manager Ruth stated that Council has been provided with a
packet of information relative to the subject and the same
information is available for public information. (See report
dated June 5, 1990 from the Program Development & Audit Manager
- Fiscal Year 1990/91 Appropriations Limit, Community Facilities
District No. 1989-1 (Sycamore Canyon) attached to which were
exhibits relating to same). This hearing is in accordance with
Article XIII - B of the California State Constitution wherein
each local agency must establish an appropriations limit prior
to the commencement of each fiscal year.
Mayor Hunter asked if there were any public comments to be entered into the
record on Community Facilities District No. 1989-1; there were none.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 90R-192)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Daly seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution No. 90R-192 for adoption, adopting the
Community Facilities District No. 1989-1 (Sycamore Canyon) annual
appropriations limit of $105,777,312 for the fiscal year 1990/91, as
recommended in report dated June 5, 1990 from the Program Development & Audit
Manager. Refer to Resolution Book.
RESOLUTION NO, 90R-192: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, ADOPTING THE COMMUNITY FACILITIES DISTRICT NO. 1989-1
(SYCAMORE CANYON) ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1990/91.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 12, 1990, 2:00 P.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler and Hunter
Kaywood
None
The Mayor declared Resolution No. 90R-192 duly passed and adopted.
Community Facilities District No. 1989-2 (The Highlands): City
Manager Ruth stated that Council has been provided with a packet
of information relative to the subject and the same information
is available for public information. (See report dated June 5,
1990 from the Program Development & Audit Manager - Fiscal Year
1990/91 Appropriations Limit, Community Facilities District
No. 1989-2 (The Highlands) attached to which were exhibits
relating to same). This hearing is in accordance with Article
XIII B of the California State Constitution wherein each local
agency must establish an appropriations limit prior to the
commencement of each fiscal year.
Mayor Hunter asked if there were any public comments to be entered into the
record on Community Facilities District No. 1989-2; there were none.
WAIVER OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 90R-193)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Daly seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution No. 90R-193 for adoption, adopting the
Community Facilities District No. 1989-2 (The Highlands) annual appropriations
limit of $105,777,312 for the fiscal year 1990/91, as recommended in
memorandum dated June 4, 1990 from the Program Development & Audit Manager.
Refer to Resolution Book.
RESOLUTION NO. 90R-193: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, ADOPTING THE COMI~JNITY FACILITIES DISTRICT NO. 1989-2
(THE HICHLANDS) ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1990/91.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler and Hunter
Kaywood
None
The Mayor declared Resolution No. 90R-193 duly passed and adopted.
Community Facilities District No. 1989-3 (The Summit): City
Manager Ruth stated that Council has been provided with a packet
of information relative to the subject and the same information
is available for public information. (See report dated June 5,
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City Hall, Anaheim, California - COUNCIL MINUTES
June 12, 1990, 2;00 P,M.
1990 from the Program Development & Audit Manager - Fiscal Year
1990/91 Appropriations Limit, Community Facilities District
No. 1989-3 (The Summit) attached to which were exhibits relating
to same). This hearing is in accordance with Article XIII - B
of the California State Constitution wherein each local agency
must establish an appropriations limit prior to the commencement
of each fiscal year.
Mayor Hunter asked if there were any public comments to be entered into the
record on Community Facilities District No. 1989-3; there were no.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 90R-194)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Daly seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution No. 90R-194 for adoption, adopting the
Community Facilities District No. 1989-3 (The Summit) annual appropriations
limit of $105,777,312 for the fiscal year 1990/91, as recommended in report
dated June 5, 1990 from the Program Development & Audit Manager. Refer to
Resolution Book.
RESOLUTION NO. 90R-194: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, ADOPTING THE COMMUNITY FACILITIES DISTRICT NO. 1989-3
(THE SUMMIT) ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1990/91.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Pickler and Hunter
Kaywood
None
The Mayor declared Resolution No. 90R-194 duly passed and adopted.
Program Development & Audit Manager, Ken Stone.
The Council just adopted the appropriations limit adjustment for
1989/90 and 1990/91. They should be aware that with the passage
of Proposition No. 111, there were provisions of Proposition 111
that will change the City's appropriations limit and the method
used to calculate same. Staff is awaiting the data necessary to
calculate those changes from the state along with assessed
valuation growth from the County. When that information is
received, staff will recalculate the limit and return to Council
with the changed limit. Proposition 111 also exempted the new
gas tax proceeds from inclusion in the proceeds of tax under the
appropriations limit and it benefits the City to that extent.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 12, 1990, 2;00 P,M,
ADJOURNMENT; Councilwoman Kaywood moved to adjourn the adjourned regular
meeting of June 5, 1990. Councilman Pickler seconded the motion. MOTION
CARRIED. (4:20 p.m.)
ANN M. SAUVAGEAU, ASSISTANT CITY CLERK
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City Hall. AnaheSm, California - COUNCIL MINUTES - June 12. 1990, 5;30 p,M,
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter
ABSENT: COUNCIL MEMBERS: None
PRESENT: CITY MANAGER: 3ames Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
ASSISTANT GITY ENGINEER: Arthur Daw
TRAFFIC ENGINEER: Paul Singer
PLANNING DIRECTOR: Joel Ftck
ZONING ADMINISTRATOR: Anntka Santalahtt
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:50 p.m. on June 8, 1990 at the Civic Center kiosk, containing all
items as shown herein.
Mayor Hunter called the meeting to order at 4:22 p.m.
REQUEST FOR C~/)SED 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; City of Anaheim vs. Chicken, Orange County Superior
Court Case No. 55-78-79; Sanchez vs. Can Transport Inc., et al.,
Orange County Superior Court Case No. 53-57-90; International Tile
Exposition vs. City of Anaheim, et al., Orange County Superior Court
Case No. X62-5099.
b. To meet with and give directions to its authorized representative
regarding labor relations matters - Government Code Section 54957.6.
c. To consider and take possible action upon personnel matters
pursuant to Government Code Section 54957.
d. To meet with its Negotiator regarding the possible acquisition of
land from the Phoenix Club German Association of Orange County
located at 1566 South Douglass Road, Anaheim California, and the
possible lease or sale of such land to Ogden Financial Services Inc.
or other entity for a multipurpose sports and entertainment arena.
e. To confer with its attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
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.
578
116
City Hall. Anaheim. California - COUNCIL MINUTES - June 12. 1990. 5:30 P.M.
AFTER RECESS: Mayor Hunter called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(6:04 p.m.)
INVOCATION; Father John Lenihan, St. Boniface Church, gave the invocation.
FLAG SALUTE: Mayor Fred Hunter led the assembly in the Pledge of Allegiance
to the Flag.
119; DECLARATION OF RECOGNITION; A Declaration of Recognition was
unanimously adopted and ratified by the City Council recognizing the
contributions of Herb Leo to the City of Anaheim and the community on the
occasion of his leaving the City of Anaheim. Mayor Pro Tem Pickler presented
the Declaration to Mr. Leo at his farewell dinner last week.
119: PRESENTATIONS AWARDS OF CERTIFICATES OF R~COGNITION - RETIRED SENIOR
VOLUNTEER PROGRAM (RSVP); The following people were awarded certificates of
recognition for their volunteerism to the Retired Senior Volunteer Program
(RSVP). For 1,000 hours - Steve Abate, Josephine De Paul, Ralph Doyle,
William Stock, Mary Turanitza, Mary Retss and Hllda Ortloff. For 15,000 hours
- Anna Dell.
Mayor Hunter and Council Members congratulated and commended those who were
present to receive their awards and thanked them for the wonderful work and
volunteerism they have given to the City through the RSVP program.
MINUTES; Councilwoman Kaywood moved to approve the minutes of regular
meetings held May 1 and May 15, 1990. Councilman Hunter seconded the motion.
MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,813,586.55, in
accordance with the 1989-90 budget, were approved.
WAIVER OF READING - RESOLUTION/ORDINANCES; The titles of the following
resolution and ordinances were read by the City Manager. (Resolution
No. 90R-195 for adoption; Ordinance No. 5138 for introduction; and Ordinance
No. 5137 for adoption.)
Councilman Hunter moved to waive the reading in full of the resolution and
ordinances. Councilman Daly seconded the motion. MOTION CAI{RIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Hunter,
seconded by Councilman Daly, the following items were approved in accordance
with the reports, certifications and recommendations furnished each Council
Member and as listed on the Consent Calendar. Councilman Hunter offered
Resolution No. 90R-195 for adoption; Ordinance No. 5138 for introduction; and
Ordinance No. 5137 for adoption. Refer to Resolution/Ordinance Book.
Al. 118: The following claims were filed against the City and action taken
as recommended:
579
City Hall, Anaheim, California - COUNCIL MINUTES - June 12, ~990, 5;30
Claims rejected and referred to Risk Management:
a. Claim submitted by Tracey L. Shaw for property damage sustained
purportedly due to actions of the City on or about April 19, 1990.
b. Claim submitted by Stephen Valenti for bodily injury sustained
purportedly due to actions of the City on or about 3anuary 20, 1990.
c. Claim submitted Lea Putkamer for bodily injury sustained purportedly
due to actions of the City on or about April 11, 1990.
A2. 105: Receiving and filing minutes of the Golf Course Advisory Commission
meeting held April 25, 1990.
105: Receiving and filing minutes of the Community Redevelopment Commission
meeting held May 16, 1990.
A3. 169: Awarding a contract to the lowest and best responsible bidder,
R. J. Noble Company, in the amount of $289,022.60 for Miller Street Street
Improvements.
A4. 169: Awarding a contract to the lowest and best responsible bidder, R.
J. Noble Company, in the amount of $491,320.45 for Miraloma Avenue Street and
Storm Drain Improvements.
Councilwoman Kaywood asked whether it was possible for Redevelopment to pay at
least a portion of the improvements.
Art Daw, Deputy City Engineer. This project is being funded 100% by
Redevelopment.
A5. 167: Awarding a contract to the lowest and best responsible bidder,
Steiny and Company, Inc., in the amount of $140,900 for Traffic Signal
Improvement along Katella Avenue at Ninth Street and along La Palma Avenue at
Sunkist Street and Van Buren Street.
A6. 101: Awarding a contract to the lowest and best responsible bidder,
Federal Sign, in the amount of $641,820 for Anaheim Stadium Big "A"
Messageboard Restoration Project.
A7. 150: Approving a Notice of Completion of the construction of Patrick
Henry Ramps by Hillside Contractors, and authorizing the Mayor to sign and the
City Clerk to file said Notice of Completion.
A8. 175: Approving a Notice of Completion of the construction of Ball Road
Electrical Duct Bank by A & L Construction Company, Inc., and authorizing the
Mayor to sign and the City Clerk to file said Notice of Completion.
A9. 150: Approving a Notice of Completion of the construction of Pearson
Park Ballfteld Power Rehabilitation by Big O Enterprises, Inc., and
authorizing the Mayor to sign and the City Clerk to file said Notice of
Completion.
580
114
City Hall. Anaheim. California - COUNCIL MINUTES - June 12. 1990. 5:30 P.M,
Al0. 170/123: Approving the Final Map of Tract No. 13924 and the Subdivision
Agreement with Cypress Patio Townhomes, and authorizing the Mayor and City
Clerk to execute said agreement. Tract No. 13924 is located at the northwest
corner of Cypress Street and Coffman Street and is filed in conjunction with
Reclassification No. 88-89-10 and Variance No. 3835.
All. 160: Accepting the low bid of Air-Ex Air Conditioning, Inc., in an
amount not to exceed $32,200 for the removal and replacement of the
air-conditioning system at Brookhurst Community Center, in accordance with bid
#4846.
Al2. 160: Authorizing the Purchasing Agent to issue a change order to Case &
Sons Construction, Inc., for an additional amount of $4,182 (bringing the
revised purchase order total to $98,482) for painting additional areas
adjacent to the top cantilever sections of the Stadium roof area.
Al3. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order without competitive bidding or advertising to Disney
Image Maker, in an amount not to exceed $61,500 for custom designed uniforms
for Convention Center Security, Receptionist, Porter, and Maid.
Al4. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order, without competitive bidding or advertising, to
Computer Service Company Division, in the amount of $340,425 for twenty-four
traffic controllers.
Al5. 123: Approving an agreement with Canyon Hills Community Council for
reimbursement to the City for the costs of service provided in connection with
the Second Annual Fourth of July Festival on July 4, 1990, at Peralta Canyon
Park.
Al6. 123: Approving two agreements with Pepsi-Cola Company to apply for
donations of play equipment as part of the "Let's Build a Pepsi Playpark"
program at Hansen and Maxwell Parks, and authorizing the Mayor and City Clerk
to execute said agreements.
Al7. 123: Approving an Agreement with Major League Softball, Inc., in an
amount not to exceed $50,000 annually, for the purpose of providing athletic
officials for the adult softball program, and authorizing the Mayor and City
Clerk to execute said agreement.
Al8. 155/150: Approving a Negative Declaration, pursuant to CEQA findings,
for Little People's Park expansion and development from .6 acre to 1.0 acre,
located at 220 W. Elm Street.
Al9. 175/153: Approving the appointment of Edward K. AghJayan to the position
of Public Utilities General Manager, effective July 30, 1990 and approving
reimbursement of up to $10,000 in moving and transition expenses, with
beginning balances of 175 hours of sick leave and 100 hours of vacation with
vacation accrual beginning at six hours per pay period.
581
111
City Ha~, Anaheim. California - COUNCIL MINUTES - June 12. 1990. 5:30 P.M.
A20. 123: Approving a First Amendment to Agreement with Cycom Data Systems,
Inc., for computer support and design services for the City Attorney's Office
and the Code Enforcement Division of the Planning Department, and authorizing
the City Attorney to sign said First Amendment on behalf of the City.
A21, 10~/14~; ORDINANCE NO. 5138 - INTRODUCTION: AN ORDINANCE OF TME CITY OF
ANAHEIM REPEALING CHAPTER 8.08 OF TITLE 8 OF THE ANAHEIM MUNICIPAL CODE AND
ADOPTING A NEW CHAPTER 8.08 OF TITLE 8 PERTAINING TO ANIMAL CONTROL, WELFARE,
AND LICENSE REQUIREMENTS.
A22, 1~3; RESOLUTION NO, 90R-195; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE JOB TRAINING PARTNERSHIP ACT TITLE ll-B SUBGRANT
AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE STATE OF CALIFORNIA.
(Employment Development Department in the amount of $465,300)
123: Authorizing the City Manager to execute said agreement and modification
thereto.
A23, 170/000/142; ORDINANCE NO, 5137 - ADOPTION: AN ORDINANCE OF THE CITY OF
ANAHEIM TO AMEND SECTION 17.30.070 OF CHAPTER 17.30 OF TITLE 17 OF THE ANAHEIM
MUNICIPAL CODE PERTAINING TO DEVELOPMENT FEES.
A24. 175.123: Approving the Reload Fuel Assembly Contract with Southern
California Edison Company, San Diego Gas & Electric Company, the City of
Riverside, and Combustion Engineering, Inc., for Units 2 and 3 of the San
Onofre Nuclear Generating Station, and authorizing the Acting Public Utilities
General Manager to execute said contract.
A25. 155/175: Approving a Negative Declaration, pursuant to CEQA findings,
for the construction of Parkview Pump Station Control Cable, to construct
4-inch conduit and cable from Hidden Canyon Reservoir to Serrano Avenue and
Loyola Drive.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS'
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Resolution No. 90R-195 duly passed and adopted.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Ordinance No. 5137 duly passed and adopted.
End of Consent Calendar. MOTIONS CARRIED.
582
112
City Hall. Anaheim, California - COUNCIL MINUTES - J~ne 12, 1990. 5:30 p,M,
127/137: PROPOSED CHARTER AMENDMENTS[ Submitted for Council review and
approval were Charter Sections 502, 900 and 902 (substantive amendments) which
were continued from the meeting of June 5, 1990, to this date. (See Joint
memorandum dated May 31, 1990 from the City Attorney/City Clerk attached to
which were the amendments - Measure 17 referring to Section 502 and Measure 13
referring to Sections 900 and 902 proposed ballot wording). See minutes of
June 5, 1990 where the issues were discussed.
Councilman Pickler. At the last meeting, he recommended that Council salaries
be $800 a month instead of $1,200 as recommended by the Charter Review
Committee. This figure would tie in with the report from the City Attorney.
Subsequently any increases would follow the cost of living. He thereupon
moved that the salary figure be $800 instead of $1,200. Councilwoman Kaywood
seconded the motion.
Before a vote was taken, Councilman Daly stated he was going to argue in
support of the recommendation from the Charter Review Committee that salaries
be $1,200 a month with Consumer Price Index (CPI) increases recognizing the
Council will have one more opportunity to review the whole package before it
all goes to the ballot. He offered a substitute motion that they proceed with
the language recommended by the Charter Review Committee.
Before action was taken, City Attorney White explained for Councilman Pickler
that the procedure they have been following with relation to all of the
Charter amendments is that they are presented to the Council in groups for
Council approval. Subsequently he will draft one complete resolution which
will include all of the amendments as approved by the Council.
Councilman Ehrle. At that time, he asked if the City Attorney would then
"fine tune" the amendments.
City Attorney White. While technically the Council has the ability to fine
tune the items between now and the deadline, if they wait until the July 10th
meeting and many issues are still left unresolved, it may be unlikely to
muster a 3-member majority to adopt the resolution.
Councilman Hunter then seconded Councilman Daly's motion to accept the
language recommended by the Charter Review Committee with reference to Council
salaries.
Before action was taken, City Attorney White clarified that the substitute
motion involves approving the language of the Charter Review Committee and
while the wording proposed by the Committee contains a CPA inflator, it is
only an average one year increase calculated for every 3-year period. If the
CPI goes up in a 3-year period - the first year 4%, second year 5% and the
third year 6% - the adjustment at the end of the third year would not be the
total of 15% but the average which would be 5%. Technically it is an increase
but it would not be keeping up with inflation.
MOTION; Councilman Daly moved to substitute his motion for the motion made by
Councilman Pickler. Councilman Hunter seconded the motion. Council Members
Kaywood and Pickler voted no. MOTION CARRIED.
583
109
City Hall, Anaheim, California - COUNCIL MINUTES - June 12. 1990, 5;30 ~.M.
MOTION; Councilman Daly then moved to approve the recommendation and wording
of the Charter Review Committee relative to ~ounctl salaries at $1,200 a month
with CPI increases. Councilman Hunter seconded the motion. Council Members
Kaywood and Pickler voted no. MOTION CARRIED.
City Attorney White clarified for Councilman Daly if Charter Section 900 and
902 were adopted as recommended, the provisions would apply to all Boards and
Commissions of the City and that the terms of office, qualifications for
office, etc. be consistent for all Boards and Commissions, not Just the three
specifically mentioned in the Charter.
Councilman Daly asked if only Section 900 were adopted and not 902, what
effect that would have.
City Attorney White. The Charter Review Committee proposed that the two be
lumped together. If the Council prefers, they could put Just one or the other
on the ballot. If Council chose and the public only adopted Section 900, it
would be saying in the future all Boards and Commissions will have the terms
of office and be subject to those provisions in Section 900 through 905. It
would have no effect on the current language of 902.
Councilwoman Kaywood. She asked if it would be more flexible as an
ordinance. For instance if it was determined in future years that it was no
longer necessary to have a Redevelopment Commission, would it mean it would be
necessary to amend the Charter.
City Attorney White. He answered no. The Council would still have the
ability to adopt and repeal ordinances that create all the other Boards and
Commmissions other than the three he mentioned. The Council could also adopt
supplemental requirements for those Boards and Commissions not listed in the
Charter. All Section 900 would do would say that the minimum requirements now
contained in the Charter will apply to all Boards and Commissions even the
ones established by ordinance. His recommendation to the Council is -
Section 902 contains two parts and perhaps that is where it is cumbersome.
The first part relates to providing that the terms of office that are
established by ordinance shall be consistent for all Boards and Commissions.
The second part is that the Council will, by ordinance, establish a limitation
on terms for each Board and Commission. If that is the problem the Council is
having with Section 902, they still could go ahead by deleting the last
sentence of 902 and put the two together. That would be more consistent than
merely adopting 900. He explained further that the Charter is not an
empowerment. It is a limitation on the powers of the City. The Council could
always do by ordinance anything the Charter would otherwise place as a
limitation on the City but the Charter can only be modified by a vote of the
people. An ordinance takes three votes of the Council.
Councilman Daly suggested that they not place proposed revisions to Charter
Section 900 and 902 on the ballot; Mayor Hunter agreed since it can be done by
ordinance. Otherwise the ballot will get very complicated.
584
110
City Hall. Anaheim. California - COUNCIL MINUTES - Juae 12, 1990. 5:30 P.M.
MOTION; Councilman Daly moved that proposed revisions and rewording to
Sections 900 and 902 of the City Charter remain as is with nothing to be
placed on the ballot in that regard. Councilman Ehrle seconded the motion.
MOTION CARRIED.
177/137: PUBLIC HEARING - ISSUANCE OF MULTIFAMILY REVENUE BONDS - DR. HYUK
LEE AND SHIN YUNG LEE (BEL'AGE MANOR SENIOR APARTMENTS); To consider
approving the issuance by the Anaheim Housing Authority of revenue bonds in an
amount not to exceed $10,000,000 for the purpose of assisting in the financing
of the construction and development of a 180 unit multifamily rental housing
development located at 1660-1664 W. Broadway. Submitted was report dated
June 4, 1990 from the Housing Development Manager, recommending that the
Council adopt the proposed resolution approving the issuance of the bonds.
Mayor Hunter opened the public hearing and asked if anyone wished to speak
regarding this matter; there was no response.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
WAIVER OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 90R-196)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Daly seconded the motion. MOTION CARRIED.
Councilman Hunter offered Resolution No. 90R-196 for adoption, approving
issuance of multifamily Housing revenue bonds by the Anaheim Housing Authority
for a project to be developed by Dr. Hyuk Lee and Shin Yung Lee, as
recommended in report dated June 4, 1990 from the Housing Development
Manager. Refer to Resolution Book.
RESOLUTION NO. 90R-196: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS BY THE ANAHEIM
HOUSING AUTHORITY FOR A PROJECT TO BE DEVELOPED BY DR. HYUK LEE AND SHIN YUNG
LEE. (Bel'Age Manor Senior Apartments)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Resolution No. 90R-196 duly passed and-adopted.
Councilman Pickler left the Council Chamber. (6:30 p.m.)
585
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City Hall, Apaheim. California'- COUNCIL MINUTES - June 12. 1990. 5:30 P.M.
179; PUBLIC HEARING - TO CONSIDER AN APPEAL OF THE MORATORIUM ORDINANCE
(ORDINANCE NO, 5126) WITH REGARD TO EXISTING CONDITIONAL USE PERMIT #3182,
CONDITIONAL USE PERMIT PREFILE NO. 73:
SUBMITTED BY: James P. Edmundson and Frank W. Startup
15865 B Gale Ave. #1122,
Industry, CA 91745
LOCATION/REQUEST: The property is located at 1414 South Harbor Boulevard
(formerly Fox Cinemaland Theatre). To consider the request of the property
owner for an exemption from the provisions of Ordinance No. 5126 prohibiting
certain uses of property which may be in conflict with a zoning proposal the
City Council is considering or studying.
Submitted was joint report dated June 4, 1990 from the City Attorney/Planning
Director with three recommendations, the first being, "that the City Council
defer consideration of this appeal until following the public hearing and
decision concerning the possible extension of Ordinance No. 5126 on June 12,
1990."
MOTION; Councilman Daly moved to consider the subject appeal following the
public hearing scheduled later in the meeting to consider adopting an urgency
ordinance extending and/or amending Ordinance No. 5126. Councilman Ehrle
seconded the motion. Councilman Pickler was temporarily absent. MOTION
CARRIED.
Later in the meeting, after the aformenttoned public hearing, City Attorney
White explained this is an appeal of the moratorium relating to Fox
Ctnemaland. Now that the Council has adopted the extension of the interim
ordinance (see Item D1 this date), this project - the theatre portion is
exempt from the moratorium under the alternative the Council adopted. The
meeting room and banquet facility portion also is not covered by the extension
ordinance Just adopted because those uses are not listed as being subject to
the ordinance. In total, this project could proceed to be processed and
obtain building permits. On that basis, unless the applicant wishes to be
heard, it would be his (White's) recommendation to deny the appeal as being
moot since the project can move forward.
Mayor Nunter opened the public hearing and asked to hear from anyone who
wished to speak.
Frank Startup, owner of the property, stated he wanted to be sure
that tomorrow he could proceed with his project.
City Attorney White.
The answer is yes. The motion would be to deny the appeal which
would allow the project to go forward.
COUNCIL ACTION:
There being no further persons who wished to speak, Mayor Hunter closed the
public hearing.
586
108
Cttv Hall. Anaheim. CalSfornta - COUNCIL MINUTES - June 12. 1990. 5:30 P,M,
MOTION: Councilman Hunter moved to deny the appeal of the moratorium
ordinance with regard to Conditional Use Permit No. 3182, since the subject
project is now exempt from the provisions of that ordinance. Councilman
Pickler seconded the motion. MOTION CARRIED.
134/179/170: ITEMS Bi - B9 FROM THE PLANNING COMMISSION MEETING OF MAY 21,
1990 - INFORMATION ONLY - APPEAL PERIOD ENDS JUNE 12. 1990;
BI. CEOA MITIGATED NEGATIVE DECLARATION. GENERAL PLAN AMENDMENT NO, 30]
RECLASSIFICATION NO, 89-90-52. WAIVER OF CODE REOUIREMENT. CONDITIONAL U$~
PERMIT NO. 3259 (OR VARIANCE NO. 4056) TENTATIVE TRACT MAP NO, 14259
OWNERS: PAUL T. SALATA, 3100 Airway Ave., Ste 124, Costa Mesa, CA 92626;
CALTRANS, District 12, Attn: Ralph Neal, 2501 Pullman Street, Santa Aha,
CA 92705
AGENT: CAMILLE COURTNEY, 711 E. Imperial Highway, Ste. 200, Brea, CA
92621
LOCATION; 400 E, Rtverdale. Property is approximately ~0,5 a~es located
on the north side of Riverside Freeway and south side of Addington Drive.
Request for amendment to the Land Use Element of the General Plan
proposing a redesignatton of subject property from the existing Hillside
Low-Medium Density Residential designation to the Hillside Medium Density
Residential designation.
RS-A-43,000 to RM-2400 (Portion A) or a less intense zone and RS-5000 to
RM-2400 (Portion B) or a less intense zone to permit a 152-unit
condominium complex with waivers of maximum fence height, maximum
structural height and minimum rear yard setback.
ACTION TAKEN BY THE PLANNING COMMISSION:
GPA No. 301 APPROVED (PC90-114). (3 yes votes, 2 no votes, 2 absent).
Reclassification No. 89-90-52 GRANTED To RM-3000 (PC90-115) (3 yes votes,
2 no votes, 2 absent).
CUP No. 3259 WITHDRAWN.
Variance No. 4056 GRANTED (PC90-116) (3 yes votes, 2 no votes, 2 absent).
Tentative Tract Map No. 14259 APPROVED (3 yes votes, 2 no votes, 2 absent).
Approved Mitigated Negative Declaration with A~ended Mitigation Monitoring
Program (4 yes votes, 1 no vote, 2 absent).
NOTE: No action was taken by Council on TENTATIVE TRACT MAP NO. 14259 at
the meeting May 22, 1990, Item B18. (Appeal period expired May 31, 1990.)
This item is set for a public hearing before City Council on June 26, 1990,
due to General Plan Amendment No. 301.
B2, WAIVER OF CODE REOUIREMENT - CONDITIONAL USE PERMIT NO. 3281 AND NEGATIVE
DECLARATION;
OWNER: GEORGE SICILIANI AND EVA SICILIANI, c/o 300 N. Tustin Ave., Unit
201, Santa Aha, CA 92705
AGENT: DW~ER BEESLEY, 300 N. Tustin Ave., Unit 201, Santa Aha, GA 92705
LOCATION: 502 South R~O Vista St~e~. Property is approximately 0.37
acre on the east side of Rio Vista Street and approximately 260 feet south
of the centerline of Lincoln Avenue.
587
105
City Hall, ABah~$m, California - COUNCIL MINUTES - June 12. 1990. 5:30 P.M.
To permit a 15-unit "affordable" senior citizen apartment complex with
waivers of (a) minimum site area per dwelling unit (Granted), and (b)
maximum structural height (Deleted).
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP No. 3281 GRANTED, IN PART (PC90-117), with waiver (a) minimum site
area per dwelling unit - GRANTED and (b) maximum structural height
DELETED (5 yes votes, 2 absent).
Approved Negative Declaration.
A review of the Planning Commission's decision was requested by Council
Members Daly and Ehrle, and public hearing scheduled for a later date.
B3,
CONDITIONAL USE PERMIT NO, 3278 AND NEGATIVE DECLARATION:
OWNER: BOB AND JACK PICKARD, 19190 Pinehurst Road, Bend, Oregon 97701
AGENT: PAUL BOSTWICK, 200 W. Midway Drive, Anaheim, CA 92805
LOCATION; 200 West Midway Drive. (Midway Trailer Park). Property is
approximately 6.65 acres on the south side of Midway Drive and
approximately 400 feet west of the centerline of Anaheim Boulevard.
To permit the expansion of an existing mobilehome/tratler park for an
ultimate total of 189 spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP No. 3278, GRANTED (PC90-118), Modified Condition No. 10, to allow one
year for conformance (5 yes votes, 2 absent).
Approved Negative Declaration.
B4,
CONDITIONAL USE PERMIT NO, 3279, CATEGORICALLY EXEMPT. CLASS 3:
OWNER: BILL MACALONEY, 401 N. East St., Anaheim, CA 92805
AGENT: DAN ROWLAND & ASSOC., INC., 1290 N. Hancock St., #204, Anaheim,
CA 92807
LOCATION: 401 North East Street. Property is approximately 1.63 acres
located at the southwest corner of Sycamore Street and East Street.
To permit a commercial retail center.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP No. 3279, GRANTED (PC90-119), Condition 19 modified (5 yes votes, 2
absent).
B5, WAIVER OF ¢OD$ REOUIREMENT. CONDITIONAL USE PERMIT NO. 3280.
CATEGORICALLY EXEMPT. CLASS 1:
OWNER: RAVINDRA SHAH AND BHARTI SHAH, 735 S. Beach Blvd., Anaheim, CA
92805
AGENT: U. E. Bauer, 17390 McAllister, Riverside, CA 92503
LOCATION; 735 S, Beach Boulevard. Property is approximately 0.63 acre on
the west side of Beach Boulevard approximately 1100 feet north of the
centerline of Ball Road.
To permit a 14-unit addition to an existing 42-unit motel with waiver of
minimum number of parking spaces.
588
106
City Hall. Anaheim. California - COUNCIL MINUTES - June 12. 1990. 5;30 P,M,
ACTION TAKEN BY PLANNING COMMISSION;
CUP No. 3280, GRANTED (PC90-120) with additional stipulations for no
windows on west side, landscaped area increased approximately to 6 or 7
feet, and hedge and 24" box trees planted on 10-foot centers adjacent to
single-family homes (5 yes votes, 2 absent).
Councilman Pickler entered the Council Chambers. (6:37 p.m.)
B6. GENERAL PLAN AMENDMENT NO, 305, RECLASSIFICATION NO, 89-90-~4 ANp
NEGATIVE DECLARATION:
INITIATED BY THE CITY OF ANAHEIM, 200 S. Anaheim Boulevard, Anaheim, GA
92803
LOCATION: 730-810 North Loara $~ree~. Subject area consists of
approximately 4.4 acres on the east side of Loara Street approximately 585
feet north of the centerline of North Street.
A City-initiated amendment to the Land Use Element of the General Plan
redesignating subject area from the Low Density Residential designation to
the Low-Medium Density Residential designation.
A City-initiated reclassification of subject area from the RM-1200 Zone to
the RM-2400 or a less intense zone.
ACTION TAKEN BY THE PLANNING COMMISSION;
GPA No. 305, Exhibit A, APPROVED (PC90-121), Reclassification No.
89-90-54, GRANTED (PC90-122) (5 yes vote, 2 absent).
Approved Negative Declaration.
This item is set for a public hearing before the City Council on July 10,
1990, due to GPA No. 305.
BT. GENERAL PLAN AMENDMENT NO, 306-1, 2, R~CLASSI¥~CATION NO, 89-90-25 AND
NEGATIVE DECLARATION;
INITIATED BY THE CITY OFANAHEIM, 200 S. Anaheim Boulevard, Anaheim, CA
92803
GENERAL PLAN AMENDMENT NO. 306-% AND 306-~; A City-initiated amendment to
the Land Use Element of the General Plan redesignating subject area from
the Medium Density Residential designation to the Low Density Residential
designation (Area 1) and to the Low-Medium Density Residential designation
(Area 2).
Area 1, approximately 9.6 acres consisting o~ the following areas:
Those parcels located on the west side of Valley Street, beginning
approximately 160 feet south of the centerline of Crone Avenue and
extending south to Minerva Street.
Those parcels located on the north and south sides of Minerva Avenue,
beginning at the alley at the western terminus of said street and
extending east approximately 1,250 feet.
Those parcels located on the west side of Agate Street, beginning
approximately 150 feet south of the centerline of Beacon Avenue and
extending south to Ball Road.
Area 2, Approximately 16 acres consisting of the following areas:
Those properties located on the north side of Juno Avenue and Juno Place,
beginning at the alley at the western terminus of Juno Avenue and
extending east to the easterly terminus of Juno Place.
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City Hall. Anaheim. California - COUNCIL MINUTES - June 12. 1990, 5;30
That area located on the north side of Ball Road, having a frontage of
approximately 469 feet on the north side of Ball Road and extending north
approximately 1270 feet and being located approximately 195 feet east of
the centerline of Brookhurst Street.
RECLASSIFICATION NO. 89-90-55: A City-initiated reclassification of
properties from the RM-1200 (Residential, Multiple-Family Zone to the
RM-2400 (Residential, Multiple-Family) or a less intense zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
GPA No. 306-1, 2, APPROVED (PC90-123) Exhibit A amended, deleting
properties fronting on Brookhurst (5 yes votes, 2 absent),
Reclassification No. 89-90-55, GRANTED (PC90-124) (5 yes votes, 2 absent).
Approved Negative Declaration.
This item is set for a public hearing before the City Council on July 10,
1990, due to GPA No. 306-1, 2.
BB. GENERAL PLAN AMENDMENT NO, 307, RECLASSIFICATION NO. 89-90-56 AND
NEGATIVE DECLARATION:
INITIATED BY THE CITY OF ANAHEIM, 200 S. Anaheim Boulevard, Anaheim, CA
92803
LOCATION; 1920 S, Euclid Street. Property is approximately 2.78 acres
located on the east side of Euclid Street approximately 130 feet south of
the centerline of Wakefield Ave.
A City-initiated amendment to the Land Use Element of the General Plan
redestgnating subject area from the Low Density Residential designation to
the Low-Medium Density Residential designation.
A City-initiated reclassification of subject area from the RM-1200 Zone to
the RM-2400 or a less intense zone.
ACTION TAKEN BY THE PLANNING COMMISSION:
GPA No. 307 APPROVED Exhibit A, (PC90-125)
Reclassification No. 89-90-56, GRANTED (PC90-126)
(5 yes votes, 2 absent).
Approved Negative Declaration.
This item is set for public hearing before the City Council on July 17, 1990,
due to GPA No. 307.
179/142; REPORT AND RECOMMENDATION;
B9, PROPOSgD GOD~ AMENDMENT - TO DELETE SUBSECTION .101 of SECTIONS
18,41,064,010, 18.44.064,010 AND 18,48,064.010 PERTAINING TO PARKING BEING
PERMITTED TO ENCROACH INTO REQUIRED FRONT LANDSCAPED SETBACKS IN COMMERCIAL
ZONES.
ACTION TAKEN BY THE PLANNING COMMISSION:
Planning Commission recommends approval of proposed code amendment.
Councilman Hunter offered Ordinance No. 5139 for first reading.
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City Hall. Anaheim. California - COUNCIL MINUTES - June 12. 1990. 5:30 P,M,
ORDINANCE NO. 5139: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SUBSECTIONS
118.41.064.010, 18.44.064.010 AND 18.48.064.010 OF SECTIONS 18.41.064,
18.44.064 AND 18.48.064 OF CHAPTERS 18.41, 18.44 AND 18.48 OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
End of the Planning Commission Items from May 21, 1990.
179; VARIANCE NO, 3859 - REQUEST FOR EXTENSION OF TIME;
REQUESTED BY: Thomas Kteviet
100 South Anaheim Boulevard, Suite 340,
Anaheim, CA 92805
LOCATION/REQUEST: The property is located at 3350 West Ball Road (ANAHEIM
GENERAL HOSPITAL). The petitioner requests a retroactive time extension on
Variance No. 3859 due to certain delays in obtaining financing. Variance No.
3859 is for waiver of minimum number of parking spaces to construct a 3-story,
30,000 sq.ft, medical office building. Submitted was report dated May 29,
1990 from the Zoning Administrator, Annika Santalahtt, recommending that the
requested extension of time be granted retroactive to April 4, 1990 to expire
April 4, 1991.
Councilman Daly moved to approve the extension of time to expire April 4,
1991. Councilman Ehrle seconded the motion. Councilwoman Kaywood voted no.
MOTION CARRIED.
179: ORDINANCE NO. 5140 - INTRODUCTION: Amending Title 18 to rezone property
under Reclassification No. 89-90-08, located on approximately 5 acres of land
at the northwest terminus of Garland Circle approximately 450 feet west of the
center line of Botsseranc Way, from the RS-A-43,000 zone to RS-5000 zone.
Councilman Pickler offered Ordinance No. 5140 for first reading.
ORDINANCE NO, 5140; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
161.158: ORDINANCE NQ, 5%36 - ADO~TION; An Ordinance approving and adopting
the Redevelopment Plan for the Plaza Redevelopment Project.
WAIVER OF R~DINC - ORDINANCE; The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5136)
Councilman Pickler moved to waive the reading in full of the ordinances.
Councilman Ehrle seconded the motion. MOTION CARRIED.
Councilman Pickler offered Ordinance No. 5136 for adoption. Refer to
Ordinance Book.
ORDINANCE NO, 5136; AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING AND
ADOPTING THE REDEVELOPMENT PLAN FOR THE PLAZA REDEVELOPMENT PROJECT.
591
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City Hall. Anaheim. California - COUNCIL MINUTES - June 12, 1990, 5;30 P.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Ordinance No. 5136 duly passed and adopted.
179/170/155; ITEMS B13 - B15 FROM THE PLANNING COMMISSION MEETING OF JUNE 4,
1990 - INFORMATION ONLY - APPEAL PERIOD ENDS JUNE 14. 1990:
B13, VARIANCE NO, 4052, TENTATIVE TRACT NO. 14270 AND NEGATIVE DECLARATION:
OWNER: HARE T. KISHIYAMA, 3174 W. Rome Ave., Anaheim, CA 92803
AGENT: ALMARON CORP., ATTN: George Hansen, 8055 Florence Ave., Downey,
CA 90240
LOCATION; 828 South Western Ave, Property is approximately 1.05 acres
located at the northeast corner of Western Avenue and Terantmar Drive.
Waiver of minimum lot width to establish a 5-lot residential subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Tentative Tract No. 14270 GRANTED.
NOTE: Variance No. 4052 has a 22-day appeal period which expires on
June 26, 1990.
B14, SUPPLEMENT TO ENVIRONMENTAL IMPACT REPORT NO. 281. CPREV. CERT.) VESTING
TENTATIVE TRACT NOS. 14076. 14077. 14078. 14079. 14080. 14081 AND 14082
OWNER: BALDWIN BUILDING CONTRACTORS, ATTN: Tony Ferrero, 16811 Hale
Ave., Anaheim, CA 92714
LOCATION: Subject property comprises seven (7) vesting tentative tract
maps totaling approximately 38.3 acres of Development Areas 203 and 207 of
The Summit of Anaheim Hills Specific Plan (SP88-2). The S~,mmtt of Anaheim
Hills is located approximately 1.1 miles southwest of the Weir Canyon
Road/Riverside Freeway Intersection and is bounded on the north by the
Sycamore Canyon Specific Plan development on the east and south by
unincorporated Irvine Company property, and on the west by the Highlands
at Anaheim Hills Specific Plan development.
Petitioner requests approval of seven (7) Vesting Tentative Tract Maps and
Site Plans as described below in order to develop 177 single-family
detached residential structures:
Vesting Tentative Tract MaD No. 14076 and Site Plan: To establish a
SP88-2 Zone, 3.97-acre, 29-1ot, single-family detached residential
subdivision including 27 residential lots and 2 open space lots.
(Development Area 207).
Ve~tinz Tentative Tract Mao No. 14077 and Site Plan: To establish a
SP88-2 Zone, 4.03-acre, 28-1ot, single-family detached residential
subdivision including 25 residential lots and 3 open space lots.
(Development Area 207).
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City Hall. Anaheim. California - COUNCIL MINUTES - June 12. 1990. 5:30 P.M.
Vesting Tentative Tract Map No. 14078 and Site Plan: To establish a
SP88-2 Zone, 4.92 acre, 27-1ot, single-family detached residential
subdivision including 24 residential lots and 3 open space lots.
(Development Area 207).
Vesting Tentative Tract MaD No, 14079 and Site Plan: To establish a
SP88-2 Zone, 9.38-acre, 35-1ot, single-family detached residential
subdivision including 32 residential lots and 3 open space lots.
(Development Area 203)
Vesting Tentative Tract MaD No. 140~0 ~pd Site Plan: To establish a
SP88-2 Zone, 4.70-acre, 27-1ot, single-family detached residential
subdivision including 25 residential lots and 2 open space lots.
(Development Area 203)
Vesting Tentative Tract MaD No, 14081 and Site Pla~: To establish a
SP88-2 Zone, 7.56-acre, 29-1ot, single-family detached residential
subdivision including 27 residential lots and 2 open space lots.
(Development Area 203)
Vesting Tentative Tract Map No, 14082 aqd Site Plan: To establish a
SP88-2 Zone, 3.78-acre, 20-lot, single-family detached residential
subdivision including 17 residential lots and 3 open space lots.
(Development Area 203)
ACTION TAKEN BY THE PI~ING COMMISSION:
Vesting Tentative Tract Nos. 14076, 14077, 14078, 14079, 14080, 14081 and
14082 APPROVED.
REPORTS AND RECOMMENDATIONS;
B15. TENTATIVE TRACT MAp NO, 11780 - REQUEST FOR RETROACTIVE EXTENSION OF TIM~
TO COMPLY WITH CONDITIONS OF APPROVAL - Mary Bortts, requests for property
approximately 4.47 acres on the south side of Rio Grande Drive, 200 ,
southwest of Fairmont Blvd.
ACTION TAKEN BY THE PLANNING COM~I$SION:
Tentative Tract Map No. 11780 DENIED.
End of the Planning Comission Items from June 4, 1990.
162/172: REQUEST FOR SPEED BUMPS - HOLBROOK AND GLENVIEW STREETS; Residents
of the Holbrook and Glenview neighborhood have requested, by petition, that
speed bumps (humps) be installed on Holbrook and Glenview. This matter was
discussed and extensive input received at the meeting of May 1, 1990, and
continued to this date. In the interim, staff was requested to submit a
report including all of the data requested by Council at that meeting (see
minutes May 1, 1990). Submitted for this meeting was a 6-page report dated
June 7, 1990 from the Director of Public Works/City Engineer, Gary Johnson,
recommending that the Council direct Traffic Engineering to install the turn
restrictions as outlined in Option 1 (one of three) and subsequently to
resurvey the neighborhood for effectiveness.
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City Hall. Anaheim. California - COUNCIL MINUTES - June 12. 1990. 5:30 P.M.
Paul Singer, Traffic Engineer. Extensive research has been done regarding the
subject request and numerous favorable responses have been received from
various cities that currently use the devices. Traffic Engineering still
reserves its conservative attitude because, until speed humps become traffic
control devices, the City may have increased liability exposure. He is
recommending that a temporary measure be adopted prohibiting certain turns on
Kellogg, Holbrook and Glenview which is one of the three options (1) to
determine what effect they will have. Alternative (2) would be to construct
cul de sacs on both Glenvlew and Holbrook and would result in a definite
inability to travel on those streets and would, therefore, provide a quiet cul
de sac neighborhood to all of the homes. Recommendation (3) is the speed hump
installation which is the one the neighborhood promulgated and are interested
in obtaining. He reiterated, he is recommending on a temporary basis
installing the turn prohibitions and subsequent to that, after the "halo"
period, poll the entire neighborhood again with the options in the staff
report and make a determination as to what the neighborhood would desire in
the long run.
Mr. Phillip Dominguez, 4957 East Holbrook. He met with Mr. Singer and
discussed the alternatives presented. He asked the cost for the different
alternatives. He also asked if there was a report back from the Police and
Fire Departments.
Paul Singer. Alternative 1 - turn restrictions will cost approximately
$2,000. Alternative 2 - cul de sacs, $52,000. Alternative 3 - speed humps,
$16,500 total.
Officer Carl Fonseca. The Police Department agrees with the recommendation of
the Traffic Engineer, Alternative 1 - turn restrictions. With regard to the
speed humps, the Police Department has expressed concerns over the
installation of speed humps and do not recommend installation at this time.
Their concerns are - children being attracted to playing in the street with
humps used for skateboarding and bicycles, faster vehicles losing control,
motorcycles losing control or using the humps for Jumps, decrease in emergency
response time.
Mr. Singer then stated that the Fire Department did not submit a report.
Marsha Clark, 1760 North Glenview. She was informed the Fire Department
submitted a report last Thursday or the Thursday before by Chief Jeff Bowman.
She was told they gave a favorable report. She also attended the meeting with
Mr. Singer and the options she saw included speed humps, cul de sacs, and
something called traffic diverters, the latter being completely different from
the temporary signage. The Traffic Engineer also wants to poll the residents
again after putting his recommendation in place which she feels is a way to
put the issue off even longer. They have polled the neighborhood and can give
specific numbers.
Phil Dominguez. At the time they met with Mr. Singer, they were given three
options cul de sacs at $60,000, traffic dtverters at $42,000 and speed humps
at $16,000. They polled the neighborhood door to door and gave three options
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City Hall. Anaheim. California - COUNCIL MINUTES - June 12, ~990, 5:90 P.M.
as well as another option, that of leaving the street as it is. Out of 387
houses, they polled 300. Two-hundred and st~ty were in favor of speed humps,
or an 87% response. He was hoping they would be able to make a decision
tonight. He is concerned that cul de sacs and traffic dtverters will place a
burden on the residents. The residents favor speed humps. He then submitted
a petition of area residents with a covering data sheet showing that 87%
responded in favor of the speed humps (made a part of the record).
Councilman Pickler. Although the residents may end up being right relative to
speed humps being the only solution, he feels the Traffic Engineer's
recommendation for Alternate 1 should be tried initially for a 60 to 90-day
period. If it does not work, then other alternatives can be considered.
Doug Daniel, 4921 Holbrook. He asked for clarification relative to
Mr. Singer's proposal; Mr. Singer, working from the posted aerial map,
explained how the proposed turn restrictions would work. Residents would have
to follow the same regulations as the general traffic. The only exemptions
may be with regard to school buses.
Mr. Daniel. Tonight is the first they have heard of the of this particular
proposal. He is concerned that the residents are being penalized for the
problem. When they tried to get additional law enforcement, they were unable
to do so. The situation has been going on for two years. Ail of the cities
who have speed humps have given nothing but favorable responses. They cannot
understand the opposition to the requested speed humps. It is also the least
expensive alternative outside of signs. Ail the other cities have had success
with speed humps.
Paul Singer. He answered questions posed by Councilman Ehrle. He also
explained that the California Transportation Commission's Uniform Control
Device Committee has never accepted speed humps to date as effective traffic
control devices. Once they are accepted by these bodies, then he would have
no hesitation using them, because they would become official control devices.
They do not know what the liability exposure is. In discussions with his
peers, collisions that occur even in the vicinity of the speed humps are taken
to court and being cited as an indirect cause of the collision, making the
public entity liable. Should the Council request and approve the installation
of speed humps, he would request the opportunity to ask the Committee on
Uni£orm Control Devices for a demonstration project so that the City would he
somewhat protected against liability in demonstrating the use of the devices.
Councilwoman Kaywood also read portions of reports previously submitted
expressing concern that response time for emergency vehicles could be
adversely affected by speed humps. She also noted that experience with speed
humps in other cities is limited and there has not been sufficient time where
they were installed to get definitive data.
Jim Clark, 1760 Glenview. He is concerned that the critical speed on their
street is 41 miles per hour. Considering that there are three schools in the
area, speed should be 25 miles per hour. There are definitely speed problems
in the area. He would be interested in receiving documentation from Mr.
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City Hall, Anaheim, California-- COUNCIL MINUTES - June 12. 1990. 5:30 P.M.
Singer relative to liability regarding speed humps since the residents have
not been able to find any. There is a bigger probability of someone being hit
by a speeder than someone losing their life because emergency vehicles would
be slowed down. They are trying to save childrens' lives.
A1 Burbrink. His home is on the corner of Glenvtew and Tanglewood. He is a
retired Anaheim Police Officer. At the Mayor's request, three motor officers
came out on three consecutive days and set up for 1 1/2 hours on each street,
Holbrook and Glenvtew. From 3 p.m. to 4:30 p.m., 44 citations were issued for
speed in excess of 40 miles per hour and several in excess of 50 miles per
hour. Anything controlling traffic at the northeast end of the street is not
going to solve the problem on the street but penalize residents in the area
for something that is not their fault.
Dorothy Astleford, 5017 Holbrook. She personally surveyed the cities of
Thousand Oaks, Costa Mesa, Brea, Placentia and Yorba Linda and talked to their
Traffic Engineers. At no time did anyone tell her the Fire Department was
opposed to speed humps. In one city the Police Department got behind the
effort. She has never seen fire trucks or police cars hurrying on her street
and she has lived there for four years.
Mayor Hunter. He has seen the report on the cities polls. Every one of the
cities said unequivocally that there was no cause for excessive liability for
the installation of speed humps. Liability was not an issue. He feels it is
a false concern. He suggests that the hearing be closed and that a vote be
taken on the issue.
Councilman Pickler. After listening to the testimony, he believes that speed
humps should be installed to see how they work. None of the other cities have
reported any problems. This might be an opportune time to try the speed humps
and see what develops.
MOTION; Councilman Pickler thereupon moved to approve installation of speed
humps as requested by the residents on Glenview and Holbrook Streets.
Councilman Hunter seconded the motion.
Before a vote was taken, Councilman Ehrle stated that many neighborhoods could
be before the Council every week asking for the same. He would like the
Traffic Engineer to give some guidelines, i.e., that there has to be so much
traffic on the street, so many schools in areas, etc., some type of criteria.
Perhaps the installation of speed humps could be a pilot program for a period
of 12 months - going through one complete school year to see how they will
affect those two interior streets.
Councilwoman Kaywood. Mr. Singer had requested if approved that he ask the
Committee for Uniform Devices for a Demonstration project. She feels that
would be in the best interest of the City.
Paul Singer. He would like the opportunity to obtain a demonstration approval
from the Uniform Control Devices Committee. Unfortunately it takes quite some
time to obtain such permission. Should the Council have speed humps installed
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City Hall. Anaheim. California - COUNCIL MINUTES - Ju~ 12, 1990. 5:30 P.~,
prior to the next school year, it could not be done under those
circumstances. He would also like to have the opportunity to develop specific
criteria under which speed humps could be installed and have those considered
and approved by the Council prior to installation of the speed humps. This
could be accomplished prior to the next school year.
Councilman Pickler. He feels the speed humps should be installed without
hesitation. He does not feel the situation would be precedent setting.
Councilman Daly. It seems to him that the professionals in the field have not
reached agreement as to how effective speed humps are. It is premature to
start to install speed humps in Anaheim. There will be thousands of such
requests. Everyone can think of streets where there is frequently excessive
speed. The best solution is to put a police officer with a radar gun in that
area. As reported, a lot of citations were issued in just a few hours. It fs
an effective tool. He would like to give that system a chance to work. He
feels the Council is responding to emotion instead of logic. The Traffic
Engineering profession has not reached agreement or consensus that speed humps
are effective devices. The top response of the residents according to the
City survey was to leave the street as is.
A vote was then taken on the foregoing motion that speed humps be installed
immediately on Glenview Avenue and Holbrook Street as requested and the motion
was further amended by Councilman Pickler to direct staff to come back in six
months with a report on the experience as a result of the installations.
Councilman Daly voted no. MOTION CARRIED.
Councilwoman Kaywood. She directed the Traffic Engineer to proceed with the
request to the Committee to do a demonstration project in Anaheim; Paul Singer
stated he would do so. He also clarified for Councilwoman Kaywood that the
cost is $16,000 for all 12 speed humps requested.
ITEMS OF PUBLIC INTEREST;
Gerald Garner. He first submitted a hand-drawn sketch of the Tustin and La
Palma intersection which has been designated as a Critical Intersection (ti).
The sheet also listed five "commitments" and attached to which was a copy of
Resolution No. 89R-59 adopting Specific Plan No. 88-3. He is a small
businessman at 3800 East La Palma (American Commercial National Bank) and a
resident o£ Anaheim. Ne employs 52 people. ~{s bank handles 12,000
transactions a day which will give an idea of the ingress and egress problems
which are now being restricted. He feels that staff has misled the public and
Council. He contends the resolution attached to the sketch does not talk
about what is going to happen to the property across the street from the
project and how it differs from what was promised to him. A car going west on
La Palma will now not be allowed to turn left into the buildings on the corner
of Tustin and La Palma, a car going south on La Palma will not be able to turn
left into his building. He also described other things that will take place
as a result of the Santa Fe Development and the Critical Intersection
improvement. He does not believe anyone on the Council is aware of what is
being conceived by staff under the guise of progress. In speaking with the
Traffic Engineer, there is not going to be the egress he was promised. He
597
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City Hall. Anaheim. California - COUNCIL MINUTES - June 12. 1990, 5;30
finds himself in the position of irrevocable damage and was not given a chance
to be heard on the issues. He understands from Mr. Singer that he has a
choice - either the City Council sets the matter for a public hearing or that
he (Garner) would need to get an attorney and sue the City. He is asking that
there be a public hearing relative to the southeast side of Tustin and
La Palma and what is going to occur there.
MOTION; Councilman Ehrle moved to agendize the matter for discussion.
Before further action was taken, additional Council discussion followed at the
conclusion of which Councilwoman Kaywood asked to hear from the Traffic
Engineer.
Paul Singer, Traffic Engineer. He met with Mr. Garner this morning and
discussed the subject. He explained that public hearings were held in
connection with the Critical Intersection program on two separate occasions
when it was first adopted and when the Santa Fe Plaza Project was undergoing
development. All property owners were notified of such hearings and
procedures. He did not advise Mr. Garner to hire an attorney and sue the
City. He (Singer) would be glad to present to the Council any previous public
hearings in connection with the Critical Intersection design.
Councilman Daly. He wanted to know the reason why Mr. Garner included the
five items on the map he submitted entitled "commitments".
Mr. Garner. Over a period of the last four years, a series of commitments
were made to him starting when Don Roth was Mayor. He was promised the five
things would occur. The resolution submitted does not address the issues he
addressed in his map but it does address substantially the property across the
street and portions of land 400 or 500 feet away. He is bringing it to the
Council's attention because possibly the Council was not aware of the impact
it was going to have on the property owners he is speaking for.
Councilman Daly. He asked if the issue was the widening of the intersection
or the project across the street from his business. The Council approved that
project over a year ago with a whole "litany" of conditions. He wanted to
know what they were doing at this time in discussing the issue.
Mr. Garner. He is not concerned about either. Some of the implementation
that is not addressed in the resolution of February, 1989 is now seriously
affecting the property on the southeast side of the intersection. It does not
list all of the things he is concerned about. There has been a major
subdivision approved across the street and implemented without any control or
guidance by the Council. It is a bad precedent and extremely unfair. He is
not a property owner so he would not have received notice.
Mayor Hunter. Instead of setting the matter for a public hearing on critical
intersections where notice would have to be given on something they have
already had extensive public hearings on, he suggests another meeting between
Mr. Garner and staff with a subsequent report to the Council.
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City ~all. Anaheim. California - COUNCIL MINUTES - June 12. 1990, 5:30 P.M.
Councilman Ehrle thereupon withdrew his motion and concurred that Mr. Singer
and Mr. Garner discuss the matter.
Councilwoman Kaywood. She asked Mr. Garner if he had the commitments in
writing; Mr. Garner answered no. They were given to him over a period of four
years terminating in 1988. He thought the matter was closed at that time. He
believes the Police Department does have something on the ingress and egress
on La Palma.
Councilman Pickler. Speaking to the City Manager, he stated that the matter
should possibly go through his office. He recalls some conversations when
approving the Santa Fe project talking to Mr. Garner and saying to him that
egress and ingress from La Palma would be there. He would like to find out if
they talked about that proposal or what they can do on La Palma and Tustin.
Councilman Daly. The length of intersections and medians and where the turns
are going to be is for professional staff to determine. He feels Mr. Garner
has a legitimate concern. The staff report ought to address the standard by
which intersections are designed and the general standard for critical
intersections. The Council authorized the Critical Intersection program but
they have not seen one yet. They are starting to design them and they are
starting to affect people with businesses at those intersections. It is time
to find out what those affects are going to be.
City Manager, James Ruth. A report will be submitted to the Council in two
weeks.
179; PUBLIC HEARING - TO CONSIDER ADOPTING AN URGENCY ORDINANCE EXTENDING
AND/0RAMENDING ORDINANCE NO, 5126, AN INTERIMURGENCYMEASURE. TO TEMPORARILY
PROHIBIT CERTAIN USES OF LAND WITHIN THE COMMERCIAL-RECREATION ("C-R") AREA OF
THE CITY:
ALTERNATIVE A - Extension and amendment to interim ordinance with no
exemptions.
ALT~ - Extension and amendment to interim ordinance with approved
projects exempted.
~ - Extension and amendment to interim ordinance with approved and
pending projects exempted.
~ - Extension and amendment to interim ordinance with approved and
pending projects exempted and a mechanism provided for discretionary review
and potential exemption of any project in plan check as of September 19, 1989,
having not received discretionary review and approval.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin June 1, 1990.
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City Ha~l. Anaheim, California - COUNCIL MINUTES - JuDe 12, 1990, 5:30 P.M.
STAFF INPUT:
Submitted was Joint report dated June 5, 1990 from the Planning
Department/City Attorney which in the final analysis recommended Alternative D.
Joel Ftck, Planning Director.
Subsequent to the last Council meeting on the subject, there
have been several informational reports forwarded to the
Council. Staff has carefully examined each of the approved
projects and pending projects within the CR area. The staff
report addresses a variety of options and alternative ordinances
that the Council could consider. In addition to the ordinances
discussed in the staff report, the City Attorney also drafted an
additional proposed ordinance labeled Alternative E.
Alternative E is the ordinance staff is now recommending and he
will, therefore, focus on the provisions of that ordinance. It
would extend the moratorium for uses and freestanding signs
within the CR area for a period of 90 days but exempt all
projects approved by the Planning Commission, Zoning
Administrator or City Council, and projects which have filed
formal applications with the City and also exempts any project
pending in Plan Check in the Building Department as of last
September. It differs from Alternative D which staff previously
recommended in that the Haster Street Hotel project would also
be exempted. This project was unique in that it was the one
project that had not undergone discretionary review by the
Planning Commission and Council and is not subject to the
requirement for filing a CUP. They have carefully looked at the
building plans for that project and also discussed the project
with the applicant's representatives who have indicated their
willingness to work with the City to ensure that their mutual
project design objectives are satisfied. As a result, Planning
is recommending that the project go forward and be exempted.
Mayor Hunter opened the public hearing and asked to hear from those who wished
to speak.
Parmanand Kumar. He is a representative of Shell 0il Company,
their Design Engineer.
The station and convenience mart is at 601 West Ball Road. The
project was approved on May 9, 1989.
Mayor Hunter interjected and stated according to the Planning
Director, he believes the project is exempted from the
provisions of the proposed ordinance.
Mr. Kumar.
That is correct but it is not approved by the Council. He wants
to make sure it is approved by the Council. The Building permit
was issued on April 11, 1990 but construction has not
commenced. After explaining more about the project, he
confirmed that he is in favor of the staff recommendation.
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City Hall. Anaheim. California - COUNCIL MINUTES - June 12. 1990. 5:30 P.M.
Frank Startup.
With regard to the Fox Ctnemaland Theatre property on Harbor
Boulevard, he does not remember the exact date but he did apply
for a CUP through the Planning Department. One day before
filing the final papers, he was informed about a moratorium.
Joel Fick.
Under the recommendations before the Council, this project would
also be exempted from the moratorium ordinance and as
recommended, if the ordinance is adopted by the City Council, it
would make the request moot on Item A28. It would actually
cover both portions of the project.
Steven Goldman, representing the Walt Disney Company.
The Walt Disney Company is committed to the area and has a
strong interest in the continued growth of the CR area. They
are also committed to maintenance of standards to ensure quality
development and in the continuing evolution of the CR area into
a world class tourist destination. There should be a
comprehensive plan to upgrade infrastructure to support
continued growth. There should also be development of a
comprehensive set of design standards and zoning guidelines to
ensure quality development. The City of Anaheim has initiated a
massive planning effort to address these issues and make
necessary recommendations. The existing ordinance is a critical
element of this project. It should provide adequate time to
ensure study of design standards, land uses and transportation
mitigation measures and also ensure that projects currently
under development conform to emerging standards. They believe
there is substantial support in the business community for an
extension of the ordinance particularly by those who believe in
continued long-term development in this area of Anaheim. The
Walt Disney Company supports planning efforts necessary to
promote continued long-term growth in the area and, therefore,
support the extension of the moratorium interim ordinance.
Mike Faye, Expressions Advertising, 556 South Rose Street.
His main concern is for the small, independent mid-size business
mainly inns, motels and hotels in the CR area. As ~ar as
signage, which is a crucial part according to his understanding
of the proposed new ordinance, a draft that he saw mentioned
there would be no pole or pilon signs allowed in the CR area and
monument signs could not exceed 8 feet in height. There are
problems with that because not much can be accomplished with an
8-foot sign. Now the 8-foot maximum for a monument sign has
been decreased to 4 feet with a possible 2-foot height addition
because of the berm. In essence, it is still a 4-foot high
monument sign that all of the business people in the CR area
would have to adhere to. It is quite~frustrating and very
unjust.
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City Hall. Anaheim. California - COUNCIL MINUTES - June 12. 1990. 5:30 P,M,
COUNCIL ACTION:
There being no further persons who wished to speak, Mayor Hunter closed the
public hearing.
City Attorney Wluite.
The ordinance before the Council will have to be read in full
and it will take four affirmative votes of the Council to adopt
it. Prior to reading any version, he recommended that the
Council determine which of the proposals, or if they wish to
look at a new one that has not been drafted yet, that would be
possible also after they determine which of the proposals
include the words they favor.
MOTION; Councilman Hunter moved to select Alternative E containing the
provisions that were explained by the Planning Director. Councilwoman Kaywood
seconded the motion. MOTION CARRIED.
City Attorney, Jack White, thereupon read urgency Ordinance No. 5141 in full,
extending and amending Interim Ordinance No. 5126 prohibiting certain uses of
property which may be in conflict with the zoning proposal the City Council is
considering or studying in declaring that the ordinance is an urgency measure
which shall take immediate effect with provisions contained in Alternative E.
After reading of the ordinance in full, Councilman Hunter offered Ordinance
No. 5141 for adoption. Refer to Ordinance Book.
ORDINANCE NO, 5141: AN ORDINANCE OF THE CITY OF ANAHEIM EXTENDING AND
AMENDING INTERIM ORDINANCE NO. 5126 PROHIBITING CERTAIN USES OF PROPERTY WHICH
MAY BE IN CONFLICT WITH A ZONING PROPOSAL THE CITY COUNCIL IS CONSIDERING OR
STUDYING AND DECLARING THAT THIS ORDINANCE IS AN URGENCY MEASURE WHICH SHALL
TAKE IMMEDIATE EFFECT.
Before a vote was taken, Councilman Ehrle stated he is philosophically opposed
to a moratorium; however, the reason he will support the proposed ordinance is
because it covers a number of projects that have been grandfathered in that
have been started through the planning process and have reached a point where
hundreds of thousands of dollars could have been lost if they did not move
forward. He will support the ordinance but reluctantly.
A vote was then taken on the foregoing ordinance:
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Ordinance No. 5141 duly passed and adopted.
City Attorney White clarified that it will be 90 days from this Friday when
the original ordinance expires or September 15, 1990.
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City Hall. Anaheim. California - COUNCIL MINUTES - June 12, 1990. 5:30 P,M,
179; PUBLIC HEARING - CONDITIONAL USE PERMIT NO, 3269 AND NEGATIVE
DECLARATION;
OWNER: Kyu-Ho Yun
9982 Bixby Circle,
Villa Park, CA 92667
LOCATION/REQUEST: The property is located at 501 509 South Brookhurst
Street. The property is approximately 1.1 acres on the west side of
Brookhurst Street approximately 260 feet north of the centerltne of Orange
Avenue. The request is to permit a public dance hall with on-sale of liquor
within a proposed restaurant.
ACTION TAKEN BY THE PLANNING COMMISSION: CUP No. 3269 denied (PG90-97) (6 yes
votes, 1 absent); denied Negative Declaration.
HEARING SET ON:
A letter of appeal of the Planning Commission's decision was submitted by
Alan Zall, attorney, on behalf of the owner.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin May 31, 1990.
Posting of property May 29, 1990.
Mailing to property owners within 300 feet - June 1, 1990.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated April 23, 1990.
APPLICANT'S
STATEMENT:
Alan Zall, 14771 Plaza Drive, Suite K, Tustin, Ca. 92680.
He represents the Ritz Dance Club.
On June 1, 1990 he delivered to the Council offices a 4-page
letter along with 15 exhibits that will provide the background
information (previously made a part of the record). Mr. Zall
then briefed portions of the data submitted giving a brief
synopsis of the history of the Ritz which was purchased by his
client in 1984 consisting of 3,200 square feet. It was a public
dance hall with a beer license. In 1985 it expanded to 4,800
square feet. In September of 1989 the Alcoholic Beverage
Commission (ABC) granted the business a hard liquor license.
His clients have advised they will serve a full meal in the
evening in the restaurant and comply with the blue prints
submitted (see Exhibit 1 attached to the covering letter). They
are now requesting a conditional use permit for 8,000 square
feet with operating hours Friday and Saturday nights from
9:00 p.m. to 1:30 a.m. and Sunday nights 9:00 p.m. to 12:30 a.m.
and open certain holidays as indicated in the data submitted.
The Community supports the project. The owners of the shopping
center have submitted declarations in support of the project
from owners of property at 499 through 509 Brookhurst and 511
through 517 Brookhurst. A petition has also been submitted
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City Ha~%, ~nahe~m, California - COUNCIL ~INUTES - June 12. 1990. 5:30 P.M.
listing several hundred signatures of people who are residents
or own businesses within the City as well as declarations from
people who have businesses or residents close to the Ritz. His
client has also invested substantial time, effort and money in
the project and supporting documentation is included in the data
submitted. Proper security is provided at the facility and also
City Code Enforcement indicates no problems with the business.
There is adequate parking. If necessary it is possible to
increase the parking by 21 spaces. There are no noise problems
for people in the community. A declaration from a resident
behind the Ritz indicates no noise problems. A noise impact
analysis report done by an expert also indicates no noise
problems. While there may be opposition in terms of noise, the
people who may be complaining live more than 700 feet from the
facility. They live closer to other facilities that could
possibly be the origin of the noise problem. It is not the
Ritz. It is an excellent project and he is requesting that the
Council approve the conditional use permit to permit an 8,000
square foot dance hall.
Before opening the public hearing, Mayor Hunter asked how many people present
were in favor of the requested CUP; approximately 35 people indicated their
presence in favor. Subsequently approximately five people indicated their
presence in opposition.
Mayor Hunter opened the public hearing and asked first to hear from those in
favor. Mr. Zall introduced the following people who spoke in favor of the
project.
Dan Lincoln, Senior Field Supervisor for California K-9
Security, Yorba Linda.
They provide security for the entrance of the Ritz, control the
customers that go in and out, control the parking and provide a
secure and safe environment for the customers and vehicles. The
club itself, which is extremely popular in the Vietnamese
community, is a success. They have also provided other safety
devices to aid the operation. It is a family-owned and operated
business. He supports the expansion.
Gordon Brtcken, 1621 East 17th Street, Suite K, Santa Aha, Ga.
He was commissioned to study the noise emissions. On a typical
Saturday evening they made measurements at various locations
around the area including the area around Marian Street, South
Archer and directly behind the Ritz. The conclusion is that as
far as music emanating from the facility, beyond 70 feet from
the back door it cannot be heard. Other possible sources of
noise are traffic and activity in the parking lot. The only
place there is a potential problem is in their own parking lot
for the residences directly behind them and they made
suggestions about how to mitigate the problem before it becomes
one. If noise is experienced, it is not coming from the Ritz.
604.
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City Hall. Anaheim. California - COUNCIL MINUTES - June 12, 1990. 5:30 P.~,
Answering Councilwoman Kaywood, he explained the Ritz is
required to keep the back door'closed. The facility entrance is
on the Brookhurst side. The back door is an emergency exit and
there is an officer posted at that door on the inside who
prevents exiting other than in an emergency.
John Caruana.
He is retired from Hughes Aircraft. He has been going to the
Ritz for six years. He is very comfortable there. The
atmosphere is good, the security is good and it is a very nice
club.
Pete Nihtll, 423-J South Brookhurst Street.
His office is five doors down from the Ritz where he has been
located for 20 years. The business has helped the community.
They have upgraded the complex, the parking lot and landscaped
the front. It is a very respectable place. It is Vietnamese
ownership but it is not limited to any nationality.
Jim Nguyen, C.P.A.
He travels every weekend from Newport Beach to entertain himself
and his wife at the Ritz. There are about 10 or 12 Vietnamese
night clubs in other cities. They choose to come to the Ritz
because of the safety provided. Their complaint to the owner is
that the place is so crowded. He urged the owner to expand. If
the CUP is denied, it will be unfortunate for them as
customers. There are 300 or 400 trying to come in every weekend.
Mr. Kyu-Ho Yun, 9982 Btxby Circle, Villa Park, Ca. 92667.
He is the owner of the building since 1981. When he gave a
grant to have a restaurant business to Mr. Nguyen, he was
concerned about their plans to open a night club. He looked at
their background. They are very nice people. He is
Korean-American and not Vietnamese. He explained also that the
business is a very nice one and people who go there are very
nicely dressed. He does not see any problem in giving this
permission to expand.
Tony Doan, Program Manager, Youth Counselling and Crime
Prevention Program for the Vietnamese community in Orange County.
He is present to support the Ritz because it is a safe place for
the Vietnamese people.
Max Harper, owner, California K-9 Security.-
They contacted every individual business from Orange Avenue to
the northern cross street and across the street and produced 60
signatures from all of those businesses who are in support. Two
did not want to vote either way. No one said no. Both of those
strip commercial centers support the Ritz.
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City Hall. Anaheim. California~- COUNCIL MINUTES - June 12, 1990, 5:30 P,M.
Tony Lam, Community Activist.
The Ritz is a home away from home. It is a distinguished club.
He has organized a lot of fundraistng functions there. It is a
safe place. He is actively involved in the Vietnamese
community. The patrons are nicely dressed.
PUBLIC DISCUSSION-
IN OPPOSITION:
Tarama Martin, 421 South Archer.
They are nice people, they care and the people are nicely
dressed. The noise has dropped considerably and is now
practically non-existent from Archer Street. At times the music
could be heard and she called to complain the noise was too
loud, on nights when the Pink Cadillac was closed. What is of
concern to her is that this location is not the place for a
dance hall that size. There are approximately 34 places that
sell alcohol in that area with four or five in the immediate
area that are bars with dancing. There is noise and all of the
things that go with that type of business. There is Sugars
Lingerie, Sherwood Inn, Cavalier and the Pink Cadillac. About
two weeks ago the police helicopter circled for over one-half
hour. It was not the Ritz but this is an area with a
multiplicity of problems. Patrons drive through the
neighborhood when they cannot find parking. Mr. Zall called her
three times and has been belittling and demeaning. There is a
high crime rate in the area. These people have improved it.
She called the Police Department June 4th - 501, 503, 505, 507
and 509 Brookhurst started out as a shopping center and was not
built as a dance hall. The Police Department has three full
computer printout pages of incidences that include fights,
stolen property, hit and run, etc. at the addresses indicated,
from the end of 1988 to fairly close to date. There is a
problem. It is a mess on South Brookhurst. The persons name at
Community Services at the Police Department is Mtchelle.
Patricia Daniels, 9882 Marian.
She was at the last hearing. She is present to vehemently
reiterate her objection to approval of the CUP. Her objection
is that this is not an appropriate place for a business of this
nature. They have not polled the people who live in the
community. Her property backs on the Brookhurst area. Since
she was present last time, she wanted to relay some of the
occurrences that have happened since that time. She then
briefed the several incidents that had taken place. She is not
objecting to the group in general but it is exacerbating the
problem that exists in the area. She asked that the Council not
only deny the CUP but deny further licensing for alcoholic
beverages being allowed in other bars because they are turning
their community into a zoo.
606
88
City Hall. Anaheim. California'- COUNCIL MINUTES - June 12. 1990. 5:30 P,M,
Shirley Mendez, 425 Archer.
These people do not live on this street or anywhere near the
Ritz. She was told by a reliable source that the petition was
not circulated on their street at all. People who live down on
Orange and Euclid do not care what happens in their neighborhood.
REBUTTAL BY APPLICANT: Alan Zall.
He has a memorandum from Anaheim which indicates that there have
been only four incidents in the area and the majority of those
do not relate to anything having to do with the Ritz dance
club. If the Council would like to see the memorandum he will
be happy to show it to them. There have been no Code
Enforcement problems or problems with ABC. Relative to the
points about people in the area causing crime, there is no
relation between the Ritz and the problems and difficulties that
were expressed. The houses are located more than 700 feet away
from the night club. There is another night club that plays
rock-n-roll but the Ritz does not. The noise study also
confirms the situation relative to noise.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
Councilman Pickler.
He spent time in the area last Friday to see what the Ritz was
like and was very much impressed. He walked around the back of
the business and the front and through the building. What the
people in favor said is true. He wishes that some of the other
businesses in the area such as the Pink Cadillac could be made
to conform to what the Ritz is doing. The security is there.
They were playing music and he heard nothing outside. The
request is for a CUP and it can be revoked for cause. Me feels
the Police and Code Enforcement would have been present today if
there were problems. This is something positive and it should
be an image for some of the other clubs to follow.
Councilman Ehrle.
A business that is successful should not be punished because of
other businesses around it.
Councilwoman Kaywood.
This is a conditional use permit and it can be revoked at any
time. That is the basis on which she is going to vote
approval. If a place is being run well, it should not be
punished because of others. She also asked the City Manager to
check on the Pink Cadillac across the street.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman
Pickler, seconded by Councilman Ehrle, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
607
City Hall. Anaheim, California - COUNCIL MINUTES - June ~2, 1990, 5;90 P.M,
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
WAIVER OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 90R-197)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilman Ehrle seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 90R-197 for adoption. Refer to
Resolution Book.
RESOLUTION NO, 90R-197; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3269.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Daly, Ehrle, Kaywood, Pickler and Hunter
None
None
The Mayor declared Resolution No. 90R-197 duly passed and adopted.
175: WATER GONSERVATION; Councilwoman Kaywood recommended that all of the
hotels and motels in the City place a logo in their bathrooms to encourage
people not to waste water and that restaurants not serve water unless it is
requested.
ADJOURNMENT; By general consent the Council adjourned to Tuesday, June 19,
1990 at 2:00 p.m. for a public hearing on the 1990/91 Resource Allocation
Plan. (9:16 p.m.)
LEONORA N. SOHL, CITY CLERK
608