1986/04/0149
City Hall, Anaheim, California - COUNCIL MINUTES - April 1, 1986, 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Kaywood, Bay and Roth
ABSENT: COUNCIL MEMBERS: Overholt and Pickler
PRESENT: ASSISTANT CITY MANAGER: Ron Bates
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
CODE ENFORCEMENT AND HOUSING SUPERVISOR: John Pools
DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES: Chris Jarvi
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Mary Hlbbard, United Methodist Church, gave the Invocation.
FL~G' SALUTE: Council Member Ben Bay led the assembly in the Pledge of
~!~.giance to the Flag.
I19~ PROCLAMATIONS: The following proclamations were issued by Mayor Roth
au-d'*~:'~thorized by ~he City Council:
Child Safety Week in Anaheim, April 7-13, 1986,
The week of the Disabled in Anaheim, April 7-13, 1986,
Orangewood Week in Anaheim, April 12-18, 1986,
Angels Day in Anaheim, April 4, 1986,
Child Abuse Prevention Month in Anaheim, April 1986,
National Consumers Week in Anaheim, April 20-26, 1986.
Ms. Terri Ralf accepted the Child Safety Week Proclamation and Mr. Bill
Stei:~.~_r accepted the Orangewood Week Proclamation.
119: RESOLUTION OF SUPPORT AND CONGRATULATIONS: A Resolution of Support and
co~.gratulations was unanimously adopted by the City Council to be mailed to
the 1986 USA Pony Baseball Team and their coaches. The team will be traveling
to Japan to participate in the 13th Annual USA vs. Japan Friendship Series.
119: RESOLUTIONS OF CONGRATULATIONS: Resolutions of Congratulations were
unanimously adopted by the City Council and presented to Dee Fee, Parks
Supervisor. Mr. Fee, a 49-year employee with the City in the Parks Department
is the City's longest term employee. The Mayor and Council Members personally
extended their gratitude to Mr. Fee for his many years of dedicated service
and wished him the very best upon his retirement.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 1, 1986, 10:00 A.M.
Mr. Chris Jarvi, Director of Parks, Recreation and Community Services, was
also present along with approximately 25 members of his staff to honor Mr. Fee.
119: RESOLUTIONS OF CONGRATULATIONS: Resolutions of Congratulations were
unanimously adopted by the City Council to be presented to Mr. Ed Stotereau.
Mr. Stotereau, Anaheim Convention Center's first and only operations manager
was leaving his position with the City to Join private industry. Mr.
Stotereau would be presented with a Resolution by the Mayor on April 3, 1986.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting held March 18, 1986. Councilman Bay seconded the motion. Council
Members 0verholt and Pickler were absent. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood move~
waive the reading in full of all ordinances and resolutions of the Agenda,
after reading of the title thereof by the City Clerk, and that consent to
waiver is hereby given by all Council Members, un]ess after reading of
title, specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilman Bay seconded the
motion. Council Members Overholt and Pickler were absent. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE ANAHEIM HOUSING AUTHORITY in the amount of ,-
$6,497,026.01, in accordance with the 1985-86 Budget, were approved :.'
CITY MANAGER~DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Roth,
seconded by Councilwoman Kaywood, the following items were approved in
accordance with the reports, certifications and recommendations furnished aach
Council Member and as listed on the Consent Calendar; Councilman Roth offered
Resolution Nos. 86R-124 through 86R-130, both inclusive, for adoption. Refer
to Resolution Book.
1. 118: The following claims were filed against the City and action taken as
recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by Ralph Slayton, dba Humdinger #2 for personal injury
sustained purportedly due to actions of the City on or about October 8, 1983.
b. Claim submitted by D. Shyam Brat and MaJit Bhasin for bodily injury
sustained purportedly due to actions of the City on or about November ?, 19~5.
c. Claim submitted by Pacific Bell (Case No. JF546-0697) for property
damage sustained purportedly due to actions of the City on or about
November 30, 1985.
d. Claim submitted by Thomas M. Naccarato for property d~mage sustained
purportedly due to actions of the City on or about November 16, 1985.
e. Claim submitted by Neil P. Wiles, for bodily injury sustained
purportedly due to actions of the City on or about November 11, 1985.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 1, 1986, 10:00 A.M.
f. Claim submitted by Southern California Gas Company for property damage
sustained purportedly due to actions of the City on or about February 15, 1985.
g. Claim submitted by Ernest E. Jones for property damage sustained
purportedly due to actions of the City on or about December 29, 1985.
h. Claim submitted by Judith Sebastian and Sara Sebastian, a minor, for
bodily injuries sustained purportedly due to actions of the City on or about
November 13, 1985.
i. Claim submitted by Automobile Club of Southern California (Sebastian,
Stephen and Judith) for property damage sustained purportedly due to actions
of the City on or about November 13, 1985.
Claim submitted by O. L. Shelton for property damage sustained
pu~poztedly due to actions of the City on or about January 22, 1986.
k. Claim submitted by Mary C. Dragorich for property damage sustained
purportedly due to actions of the City on or about November 22, 1985.
1. Claim submitted by Nilagros Figueroa for property damage sustained
purportedly due to actions of the City on or about November 26, 1985.
m. Claim submitted by David L. Houston on behalf of David A. Houston, a
minor, for bodily injuries sustained purportedly due to actions of the City on
or about January 23, 1986.
n. Claim submitted by Gail M. Hansen for bodily injuries sustained
pu~p,rtedly due to actions of the City on or about November 1, 1985.
oo Claim submitted by Robert Redwine for property damage sustained
purportedly due to actions of the City on or about January 15, 1986.
p. Claim submitted by Wheeler Hubbard for property damage sustained
purportedly due to actions of the City on or about January 12, 1986.
q. Claim submitted by Sandra J. Davis for property damage sustained
purportedly due to actions of the City on or about February 6, 1986.
r. Claim submitted by Robert S. Behrends for property damage sustained
purportedly due to actions of the City on or about December 15, 1985.
&. Claim submitted by John R. Stevens for personal injury sustained
purportedly due to actions of the City on or about January 21, 1986.
t. Claim submitted by C. W. Noblett for property damage sustained
purportedly due to actions of the City on or about February 6, 1986.
2. 198: Approving the applications for Public Dance Permits submitted by
Jesus Munoz Frias, for Empresa Frias, to hold dances at the Anaheim Convention
Center on April 5 and 26, 1986, from 6:00 p.m. to 1:00 a.m., in accordance
with the recommendations of the Chief of Police.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 1~ 1986~ 10:00 A.M.
3. 185: Receiving and filing the Annual Report to Development Agreement No.
83-02 dated February 18, 1986 as submitted by SAVI Ranch AssOciates and
finding that SAVI has complied in good faith with the terms of this Agreement.
4. 123/140: Authorizing an agreement with the County of Orange whereby the
City will provide Outreach Bookmobile Service one day a week for two hours for
the Anaheim Independencia Community Center at 10841 Garza Avenue,
reimbursement to the City in the amount of $120 for each week of service
through June 10, 1987, and authorizing the City Librarian to renew for one
additional year if reimbursement does not exceed $132 per week.
5. 123: Authorizing Lease and License Agreements with Andrew W. Edwards, dba
Anaheim Hills Saddle Club, in the amount of $175 per year, for lease of a 32
foot by 32 foot portion of City-owned property, C.P. 305, E/W 3609, for ."
storage of horse equipment, and to maintain and repair the equestrian trail.
located south of Nohl Ranch Road.
6. 123: Authorizing an agreement with Schema System, Inc., in an amount not
to exceed $70,000, for technical project management services in connection
with the Police Automated Systems Development, for the term January 15, 1986
through June 30, 1987.
7. 123: Authorizing an agreement with Weston Pringle, dba Weston Pringle &
Associates, in the amount of $29,450, to provide technical/engineering "
services for traffic signal improvements at 21 locations in the downtown area.
8. 179: Approving one-year extensions of time to Reclassification No.
84-85-11 and Variance No. 3436, proposed change in zone to RM-3000, to
construct a 72-unit affordable residential condominium complex on property
located at the southeast corner of Broadway and Citron Street (Fremont Junior
High School playfield) to expire February 5, 1987.
9. 106/161/106: Approving a revision to the 1985/86 Resource Allocation Plan
increasing the Redevelopment Agency Budget by $2,729,600, increasing Fund
82-363-7101 by $1,926,000 and Fund 82-363-7115 by $803,600, to be offset by
available tax increment funds.
10. 123/101: Approving annual maintenance costs for Anaheim Stadium
Scoreboard to be provided by Stewart Warner Electronics, in the amount of
$84,600, term of 10 years from September 1981.
11. 123: Authorizing an agreement with Glendale Federal Savings and Loan
Association, and the Roman Catholic Bishop of Orange, to provide for
postponement of certain street improvements in connection with the
construction of a savings and loan office on property located on the northwest
corner of Harbor Boulevard and Lincoln Avenue.
12. 123: Authorizing an Agreement for Special Services with Liebert, Cassidy
& Frierson, in the amount of $1,290 to provide for membership in the Orange
County Employee Relations Training Consortium, for the 12 months commencing
January 1, 1986.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 1, 1986, 10:00 A.M.
13. 1/5: RESOLUTION NO. 86R-124: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (DIGITAL
MICROWAVE CORPORATION) (Awarding a contract to the lowest and best
responsible bidder, Digital Microwave Corporation, in the amount of
$65,290.23, for the Microwave System between the Civic Center and 400 East
Vermont, Account No. 75-936-6421)
14. 159: RESOLUTION NO. 86R-125: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (AMERITECH
COMMUNICATIONS) (Awarding a contract to the lowest and best responsible
bidder, Ameritech Communications, in the amount of $108,655, for the Telephone
System at the Central Maintenance Yard, Account No. 75-936-6421)
15. 159: RESOLUTION NO. 86R-126: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM WHICH ESTABLISHES RATES OF COMPENSATION FOR CLASSES ASSIGNED
TO T~{E GENERAL CITY EMPLOYEES UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL
EMPLOYEES ASSOCIATION. (creating the Job classification of Fire Safety
Speclalist, effective April 4, 1986)
16. 176: RESOLUTIONN0. 86R-127: A RESOLUTION OF THE CITY COUNCIL OF THE
CIT; OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (85-2A) (Declaring intent to abandon public
utility and storm drain easements running across property located on the north
side of Ball Road, east of Western Avenue, 85-2A, and setting a date for the
public hearing therefor, suggested date: April 29, 1986, 1:30 p.m.)
17. 158: RESOLUTION NO. 86R-128: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION.
18. 158: RESOLUTION NO. 86R-129: A RESOLUTION OF THE CITY COUNCIL OF THE
CI.?A.' OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTY FORANEASEMENT FOR ROAD ANDPUBLIC UTILITY PURPOSES.
(R/W #3292-3)
19. 152/175: RESOLUTION NO. 86R-130: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY DF ANAHEIM AUTHORIZING THE CITY MANAGER TO BIND THE CITY FORT HE
ACQUISITION OF EQUIPMENT, MATERIALS, LABOR A/~D SERVICES IN THE EVENT OF
EMERGENCY SITUATIONS REQUIRING IMMEDIATE WORK ONTHE CITY UTILITY SYSTEMS.
175/123/152: Approving the terms and conditions of agreements with L. E.
Meyers Company, Warner Electric, Inc., Macco Constructors, Inc., Tennyson
Pipeline Company, General Pump Service, Inc., Water Well Supply Inc., and
Matt-Chlor, Inc., to assist in restoring utility services during emergencies.
20. /23: Authorizing a Lease Agreement with Ford Leasing Development Company
in the amount of $9,240.48 per month to lease 4.19 acres of the ll-acre Ball
Road Auto Center for development of a dealership, for an initial term of 10
years with provisions for extensions tots/ling 25 additional years.
Roll Call Vote:
223
46.
City Hall, Anaheim, California - COUNCIL MINUTES - April 1, 1986~ 10:00 A.M.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay and Roth
None
Overholt and Roth
The Mayor declared Resolution Nos. 86R-124 through 86R-130, both inclusive,
duly passed and adopted.
End of Consent Calendar. Council Members Overholt and Pickler were absent.
MOTION CARRIED.
114: TRANSPORTATION OF RADIOACTIVE SPENT NUCLEAR FUEL RODS - CITY OF SIGNAL
HILL: City of Signal Hill Resolution No. 86-02-3766, opposing the
transportation of Radioactive Spent Nuclear Fuel Rods through the City of
Signal Hill by the Department of Energy.
Councilwoman Kaywood noted that the subject issue was a serious one and she
wanted first to receive a report relative to the transportation of such
material.
Mayor Roth suggested that the matter be referred to the Intergovernmental
Relations Officer to provide a report to be submitted to the Council in one
week.
MOTION: Councilwoman Kaywood moved to continue the subject matter for one
week. Councilman Roth seconded the motion. Council Members Overholt and
Pickler were absent. MOTION CARRIED.
128: MONTHLY FINANCIAL ANALYSIS FOR THE SEVEN MONTHS ENDED JANUARY 31~ 1986:
Receiving and filing the Monthly Financial Analysis for the seven months ended
January 31, 1986, as recommended in memorandum dated March 25, 1986 from the
Director of Finance.
Councilman Bay, referring to the subject analysis expressed his concern over
the delays and expenditures on street maintenance and street reconstruction
projects reflected in the figures. It appeared to him that millions of
dollars were appropriated for capital improvements but those improvements were
not being accomplished. Subsequently, the figures were carried over to the
next year which appears to inflate next year's budget for capital
improvements, when it was not inflation at all, but only that the work was not
completed. He asked that staff provide information relative to that issue
before his next meeting with them. He also asked for information regarding
other items on which he was not totally clear.
Assistant City Manager Ron Bates stated staff would be happy to meet with
Councilman Bay and provide the information. Generally speaking what
Councilman Bay was focusing on was the actual expenditure vs. the
encumbrance. What staff tried to focus on in the system was to make certain
that the encumbrances were running according to plan. To the best of their
knowledge, the money was being encumbered, which was the criteria for booking
the investment during the current fiscal year but actually expended, in many
cases, during the following fiscal year. In order to encumber the money, it
was necessary to have the money appropriated during the current fiscal year
and the contract actually awarded for those improvements.
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City Hall~ Anaheim, California - COUNCIL HINUTES - April 1, 1986, 10:00 A.M.
MOTION: Councilman Bay moved to receive and file the monthly financial
analysis for the seven months ended January 31, 1986. Councilman Roth
seconded the motion. Council Members Overholt and Pickler were absent.
MOTION CARRIED.
179: SENIOR CITIZEN CONDOMINIUMS: State-Wide Developers, Inc., requesting
consideration that the development standards for Senior Citizen's Apartments
be expanded to include Senior Citizen's condominiums. This matter was
continued from the meetings of February 11, February 18, March 4, and
March 18, 1986, to this date.
Annika Santalahti, Assistant Director for Zoning, reported that she had met
with Mr. Tlncher of State-Wide Developers last week and asked him to submit a
letter requesting withdrawal of the item, the reason being, Mr. Tincher had a
specific property in mind and he and staff were unable to come to a mutual
agreement as to the appropriate zoning standards. Mr. Tincher decided to
process his application under the current standards probably requesting a
number of waivers in connection with affordable housing as well as restriction
to senior citizens. She felt the item could now be removed from the agenda
since the request is being withdrawn.
Councilman Bay moved that the matter be tabled indefinitely. Councilman Roth
seconded the motion.
Before a vote was taken, Councilwoman Kaywood stated if the applicant withdrew
his request there should be some formal notification otherwise the withdrawal
would look like a Council action.
Councilman Bay stated if the issue was tabled indefinitely and subsequently a
letter submitted by State-Wide Developers withdrawing the request, the matter
would be covered. Tabling the matter indefinitely would take it off the
agenda without a decision to do one thing or the other.
Councilwoman Kaywood recalled that when Mr. Tincher first submitted his
request, he never talked about a particular site which would have made sense.
She had yet to hear of a senior interested in buying a condominium and she was
frightened by the standards that Mr. Tlncher requested.
Miss Santalahti clarified that his (Tincher's) commentary related to his
site. Staff responded that it would apply to the entire City and they were
unwilling to develop specific site standards for the City. He then decided to
process under ~he current codes.
A vote was then taken on the foregoing motion. Council Members 0verholt and
Pickler were absent. MOTION CARRIED.
123: ORDINANCE NO. 4706: Councilman Roth offered Ordinance No. 4706 for
first reading.
ORDINANCE NO. 4706: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY
OF ANAHEIMANDTHE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM.
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City Hall, Auaheim, California - COUNCIL MINUTES - April 1, 1986, 10:00 A.M.
114/144: MEETING OF OPERATIONS COMMITEE - JOINT POWERS AUTHORITY - FOOTHILL
AND EASTERN CORRIDOR: Councilman Bay reported on the March 31, 1986 meeting
of the Operations Committee of the Joint Powers Authority (JPA). The most
difficult problems in the Authority will be dealt with in that Committee. The
next JPA meeting is scheduled for April 10, 1986 at Orange City Hall.
RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be
held to confer with the attorney for the following purposes:
a. Pending litigation pursuant to Government Code Section
54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim,
O.C. Superior Court Case No. 40 92 46.
b. To consider personnel matters pursuant to Government Code Section
5495.7
Councilman Roth moved to recess into Closed Session and a lunch break.
Councilwoman Kaywood seconded the motion. Council Members Overholt and
Pickler were absent. MOTION CARRIED. (10:40 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present with the exception of Council Members Overholt and Pickler.
(1:35 p.m)
150: NAMING OF THE BASEBALL FIELD AT LA PALMA PARK: Mr. Chris Jarvi,
Director of Parks, Recreation and Community Services, stated as the Council
was aware, Mr. Dee Fee, Parks Supervisor who had been with the Parks
Department for 49 years was retiring. He, therefore, felt it was appropriate
to name the baseball field at La Palma Park, "Dee Fee Field" to recognize Mr.
Fee's many years of dedicated service to the City. He had polled the Parks
and Recreation Commission and the majority were in agreement that such
recognition would be appropriate. He also contacted Joe Buchanan who was very
involved in the naming of Glover Stadium to ask him what he thought and he,
too, felt it was an appropriate thing to do. Mr. Jarvi thereupon recommended
naming the baseball field after Mr. Fee.
Mayor Roth clarified if the naming of the baseball field were approved as
recommended, that the stadium name would remain Glover Stadium, the Recreation
Center, Martin Recreation Center, and the Park, La Palma Park and that it was
only the addition of naming the baseball field. He asked the City Manager if
he approved.
Assistant City Manager Ron Bates answered yes.
MOTION: Councilwoman Kaywood moved to approve the naming of the baseball
field at La Palma Park "Dee Fee Field" honoring the City's 49-year Parks
Department Employee. Councilman Bay seconded the motion. Council Members
Overholt and Pickler were absent. MOTION CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 1, 1986, 10:00 A.M.
173: PUBLIC HEARING - YF.T.T, OW CAB COMPANY RATE INCREASE:
APPL~ CAN~:
Yellow Cab Company,
1619 East Lincoln Avenue
Anaheim, Ca. 92805
REQUEST: Application for proposed rate changes for taxicabs as follows: (a)
~1.90 flag (1/7 mile), (b) $ .20 each additional 1/7 mile, (c) ~15.00 per hour
waiting time/traffic delay, (d) ~2.00 service charge for cancellation after
dispatch of taxicab
ENVIRONMENTAL IMPACT REPORT FINDING: Section 15273 of the State EIR
Guidelines CEQA indicate that the provisions of the California Environmental
Quality Act are inapplicable to the proposed rate changes.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin March 21, 1986.
Posting of property March 21, 1986.
APPLICANT'S
STATEMENT:
Diane L. Slagle, Yellow Cab Company.
She answered questions posed by Council Members. She confirmed
that the request for increases are due to heavy increases in
operating costs especially in liability insurance which in the
last two years had increased by 400 percent as well as a
dramatic rise in workers compensation.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
MOTION: On motion by Councilwoman Kaywood, seconded by Councilman Bay, the
City Council finds that the request for increases are for the purpose of
meeting operating expenses and, therefore, the CEQA does not apply. Council
Members Overholt and Pickler were absent. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 86R-131 for adoption, approving
the rate changes requested by the Yellow Cab Company. Refer to Resolution
Book.
RESOLUTION NO. 86R-131: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING A RATE INCREASE TO Y~J.OW CAB COMPANY OF NORTHERN ORANGE
COUNTY, FOR TAXI SERVICE IN THE CITY OF ANAHEIM.
Roll Call Vote:
227
City Hall, Anaheim~ California - COUNCIL MINUTES - April 1, 1986, 10:00 A.M.
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay and Roth
None
Overholt and Pickler
The Mayor declared Resolution No. 86R-131 duly passed and adopted.
179/108:
OWNERS:
PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 617:
Larry R. Smith and Judith I. Smith
170046 Marina Bay Drive
Huntington Beach, Ca. 92649
ZONING/LOCATION/REQUEST: Police Department and Code Enforcement, to consider
modification or termination of one of the two existing restaurants established
in connection with said use permit on CL zoned property located north and west
of the northwest corner of Ball Road and Knott Street (Radio City, 945 South
Knott Street).
PLANNING COMMISSION ACTION: Planning Commission Resolution PC86-52 modified
Conditional Use Permit No. 617 to terminate use of the restaurant with on-sale
beer and wine at 945 South Knott Street, Radio City.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin March 21, 1986.
Posting of property March 21, 1986.
Mailing to property owners within 300 feet - March 21, 1986.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated February 19, 1986; Code
Enforcement Supervisor report to the Planning Commission dated March 7, 1986
and report of the Chief of Police Dated December 5, 1985.
City Clerk Leonora Sohl announced that letter dated March 31, 1986 had been
received from Peter M. Williams, Secretary, H.L.D. Corporation requesting that
the public hearing be continued to Tuesday, April 8, 1986 when the matter
could be heard by full Council.
It was determined upon questioning by the Mayor that there was a person in the
audience representing the neighbors as well as a representative of the
petitioner. The Mayor thereupon asked to hear from the individual
representing the neighbors after which Council would then determine their
course of action.
Ron Bell, Facility Planner, owner/operators of Pay-And-Play
Racquetball Center, 979 South Knott Avenue.
The reason no one spoke at the Planning Commission hearing of
February 19, 1986 was on the advice of their lawyer due to the
substantial law suit they filed against Larry and Judith Smith,
the owners of the Shopping Center. The law suit was filed
January 23, 1986. He was present as an observer at that
meeting. He was now speaking at this meeting also against the
advice of his attorney. He outlined the reasons for the law
suit. He then reported that their business has been up
228
City Hall, Anaheim, California - COUNCIL MINUTES - April 1, 1986, 10:00 A.M.
STAFF INPUT:
considerably since the fire forced the closure of Radio City and
it was getting stronger each month~ Players were coming back
and playing more. Before the fire, they had an attendant on
site for expanded hours. Since Radio City closed, almost all
incidents had stopped and they had been able to reduce attendant
hours by one-half. The increased business and reduced
situations left no doubt in their minds that having Radio City
open for the type of business they conducted had cost
Pay-And-Play much potential income as well as increased
expenses. They had tried on numerous occasions to work with the
owner of the Shopping Center regarding noise, traffic, security
and all the police contacts but to no avail. He then submitted
copies of letters sent to the owners starting in 1982. They are
extremely concerned about the number of violations at the
location totalling 87 in the 4 to 5-year period that the bars
have been located and opened and the type of format they are
running. The owner of the business center cannot be counted on
to solve the situation. They did not know how much they had
been inconvenienced until the fire closed Radio City. The
business did not fit in with Anaheim's image of family oriented
entertainment and they wanted the Council to revoke Radio City's
conditional use permit. He then confirmed for the Mayor that he
had every intention of being present at the Council meeting next
week if the continuance was granted.
Jack White, City Attorney.
Speaking to Mr. Bell, he asked if he could give specific
examples of the conditions that, in his opinion, created a
nusiance as to Radio City. He referred specifically to report
dated March 7, 1986 to the Planning Commission from John Poole,
Code Enforcement Supervisor enumerating six different areas of
complaints as a result of the businesses in the area (report
made a part of the record). He questioned Mr. Bell as to his
personal knowledge of the six complaints listed.
Mr. Bell.
He testified (1) that he did not have personal knowledge of
vandalism of vehicles in the parking areas allegedly by patrons
of Radio City but was informed of same by the operator of the
Union 75 Station and had seen some of the damage that was
incurred to cars in his lot. (2) He never had any problem with
noise emanating from within Radio City but from the outside of
the building from numerous cars and vehicles, honking horns,
screeching tires, with kids screaming, yelling, hollering and
running around in and out of the building and hanging around the
property for long periods of time. He personally observed on
numerous occasions persons he could tell to be under 18 years of
age staggering out of cars, staggering around the parking lot
area, not to say they were specifically going into Radio City
but mingling and talking to other patrons of Radio City. Some
of the noise had been caused by patrons of Radio City. He
personally observed persons coming out of the business obviously
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City Hall, Anaheim~ California - COUNCIL MINUTES - April 1, 1986, 10:00 A.M.
inebriated and doing drugs in the parking lot. He saw them
doing drugs on numerous occasions before going into and after
coming out of Radio City. They were either drinking or doing
drugs before going into or coming out of Radio City. He had
observed increased traffic into the area on weekends caused by
Radio City patrons. (4) He confirmed that on certain occasions
the patrons of Radio City were utilizing all of the spaces in
the parking lot and in front of his building so that members of
the public were unable to park their cars in his parking lot and
they left because no spaces were available. He had received
numerous complaints from his patrons, lost considerable business
and had enumerated that amount in the major law suit they had
filed. He did not have a copy of the complaint filed in the
case with him but would provide a copy if after consulting with
his attorney it was agreeable to do so. (5) He personally had
to have people go by the Center almost every morning to police
the area for broken beer bottles, broken glass and to check the
courts for broken beer bottles and broken glass and other
trash. Pay-And-Play operates 9 facilities and there are no
situations like the problems encountered at the subject
location. In their opinion, he concurred the situation was
caused by the patrons from the bar in that Center. (6) He
personally observed people loitering outside of the businesses,
the residential complexes and drinking alcohol in the parking
lots. He also personally observed on numerous occasions
urinating on their building and vandalizing their restrooms.
They had been forced to close their restrooms to the public and
their players because of the vandalism. One time when they were
vandalized, all the fixtures were demolished. The owners of the
building had reimbursed them for the expense of repair. Since
that time, it had escalated and they had to lock the restrooms
and these were no longer available to the public. There were
also various incidents of graffiti which was always of a
rock-and-roll nature.
Mayor Roth asked to hear from a representative of H.L.D. to confirm that they
wanted a one week continuance.
Mr. Peter M. Williams, Secretary H.L.D. Corporation.
He confirmed their request for a one week continuance so that
the matter could be heard by a full Council.
MOTION: Councilman Bay moved to continue the public hearing on the
modification or termination of Conditional Use Permit No. 617 to Tuesday,
April 8, 1986, at 1:30 p.m. Councilwoman Kaywood seconded the motion.
Council Members Overholt and Pickler were absent. MOTION CARRIED.
ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded
the motion. Council Members Overholt and Pickler were absent. MOTION
CARRIED. (2:01 p.m.)
LEONORA N. SOHL, CITY CLERK
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