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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. 219 50 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. 220 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. 221 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. 222 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. 224 43 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. 225 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. 226 4! 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 229 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 230