Loading...
1986/04/08City Hall, Anaheim, California - COUNCIL MINUTES - April 8, 1986, 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth (Kaywood entered at 10:14 a.m.; Overholt entered at 10:21 a.m.) ' COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl POLICE CHIEF: Jimmie Kennedy INTERGOVERNMENTAL RELATIONS OFFICER: William Sell CITY ENGINEER: Gary Johnson Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Father John Lenihan, St. Boniface Catholic Church, gave the Invocation. FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth and authorized by the City Council: Fair Housing Month in Anaheim, April 1986, Earthquake Preparedness Week in Anaheim, April 14-19, 1986. Mr. Bob Berg, Emergency Services Coordinator, accepted the Earthquake Prepardness Week proclamation. Councilwoman Kaywood entered the Council Chambers. (10:14 a.m.) 119: PRESENTATION - POLICE SERVICE REPRESENTATIVES: Police Chief Jimmie Kennedy gave an overview and explained the purpose of the newly established Police Service Representative Program. He then introduced the following representatives and explained the duties involved: Patrol - Gwendolyn Grimes, Denise Moore, Karen Sanders. Traffic - Jose Avlla. Special Operations Bureau - Lorelei Livin&ston. Detectives - Joseph La Rosa. Councilman Overholt entered the Council Chambers. (10:21 a.m.) 119: RESOLUTION OF RECOGNITION: A Resolution of Recognition was unanimously adopted by the City Council and presented to the coaches and players of the Esperanza High School Boys Soccer Team on winning their first CIF-SS Soccer Championship. Present to accept were Soccer Coach John Coppage, who was also chosen "Coach of the Year", boys Athletic Director Jim Patterson, Alvin D. Hawkins, Principal and students/team players, Ed Quigley, Steve Santos, Brian Aube, Brent Bish and Bill Culp. 231 City Hsll, Anaheim, California - COUNCIL MINUTES - April 8, 1986, 10:00 A.M. The Mayor and Council Members personally congratulated all of the representatives from Esperanza High School commending them for their outstanding achievement. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held March 25, 1986. Councilman Bay seconded the motion. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND KESOLUTIONS: Councilwoman Kaywood moved to 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, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Pickler seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~2,419,068.33, in accordance with the 1985-86 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilwoman Kaywood offered Resolution Nos. 86R-132 through 86R-135, 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 State Farm Mutual Automobile Insurance Company (Claim No. 55N122368/insured: Carl Martin) for property damage sustained purportedly due to actions of the City on or about December 27, 1985. b. Claim submitted by Heinz Bernert for property damage sustained purportedly due to actions of the City om or about January 2, 1986. c. Claim submitted by Joan Moise for bodily injury sustained purportedly due to actions of the City on or about January 8, 1986. d. Claim submitted by Juan Sanchez for property damage sustained purportedly due to actions of the City on or about December 11, 1985. e. Claim submitted by Kaufman & Broad, Inc. for equitable and comparative indemnity, indemnification and declaratory relief for bodily injury sustained purportedly due to actions of the City on or about March 15, 1985. Application for Leave to Present Late Claim - Denied: 232 6.9 City Hall, Anaheim, California - COUNCIL MINUTES - April 8, 1985~ 10:00 A.M. f. Claim submitted by Beaverwood Studios for property damage sustained purportedly due to actions of the City on or about July 21, 1985. g. Claim submitted by Ralph Goeke for bodily injury sustained purportedly due to actions of the City on or about November 21, 1985. h. Claim submitted by Jest Enterprises, Inc. for equitable contribution and indemnity for ~ongful death sustained purportedly due to actions of the City on or about October 8, 1983. 2. 123: Authorizing the First Amendment to Agreement with Event Medical Services, Inc., to furnish medical services for events at Anaheim Stadium, adjusting compensation and the term with fees reimbursable by tenant, for the term April 1, 1986 to March 31, 1988. 3. 123: Authorizing an agreement with Airborne Systems, Incorporated, in the amount of $44,114, for 750 aerial photographs for planning and engineering purposes, to be completed within 90 days of notice to proceed. 4. 175/123: Approving an Agreement of Assignment and Consent for Uranium Enrichment Services Contract with Southern California Edison Company, Contract No. UE-SC05-84UE07541 to the San Onofre Fuel Company and authorizing the Public Utilities General Manager, or his designee, to execute said agreement. 5. 123/106: Authorizing an agreement with Graffiti Removal in an amount not to exceed $10,000 to remove graffiti in eligible low income C.D.B.G. areas, for the term March 1, 1986 through June 30, 1986, and transferring said funds from C.D.B.G. Contingency Account No. 25-215-6798 to Account No. 25-169-6340. 6. 179: Approving an extension of time to Conditional Use Permit No. 2634, to permit a 318-room hotel with accessory uses including a restaurant, outdoor eating area and on-sale alcoholic beverages, with Code waiver of the minimum number of parking spaces on property located at 2045 South Harbor Boulevard, to expire January 29, 1987. 7. 123: Authorizing an agreement with C.V. Enterprises, to provide food and beverages to patrons of events at Pearson Park, at a percentage of gross sales of 10% up to $25,000, 15% up to $40,000, and 20% above $40,001, for the term ending December 31, 1986. 8. 160: Accepting the low bid of Woody Chevrolet in the amount of $16,388.78 for one suburban type vehicle, in accordance with Bid No. A-4328. 9. 160: Authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of $108,344.72 for two each transformers, three-phase, vault type substation, 3000 EVA and one each transformer, three-phase, vault type substation, 2500 KVA, in accordance with Bid No. A-4315. 10. 153: RESOLUTION NO. 86R-132: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIMAMENDINGRESOLUTION NO. 84R-238 ~ICH ESTABLISHED RATES OF 233 City Hall, Anaheim, California - COUNCIL MINUTES - April 8, 1986, 10:00 A.M. COMPENSATION FOR POLICE RESERVES CORPS MEMBERS. (creating the Job classification of Police Reservist-Special, 1186E, effective April 4, 1986 and adjusting the rates of pay for Police Reservist, effective April 15, 1986) 11. 158: RESOLUTION NO. 86R-133: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. 12. 158: RESOLUTION NO. 86R-134: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (R/W #3500-70) 13. 158: RESOLUTION NO. 86R-135: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DEDICATING CERTAIN CITY-OWNED PROPERTY TO PUBLIC ROAD PURPOSES. (C.P. NO. 288 AND R/W ~3712) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Pickler and Roth None None The Mayor declared Resolution Nos. 86R-132 through 86R-1S5, both inclusive duly passed and adopted. End of Consent Calendar. MOTION CARRIED. 179: REQUEST FOR REHEARING - CONDITIONAL USE PERMIT NO. 2738: Request for a Rehearing submitted by Howard Richey, for Conditional Use Permit No. 2738, to permit Hope University, an elementary school, a pre-school, and to construct a 2-story, 8-unit housing facility in conjunction with a church on RS-A-43,000 zoned property located at 1408 South Euclid Street, with various Code waivers, granted by City Council on February 25, 1986. (Resolution No. 86R-79) Ms. Julius Silva, Attorney, Law Firm of Ochoa and Sillas, 617 South Olive, Los Angeles, Ca. 90014. She has been retained by residents in the Anawood tract to seek to resolve some problems with Conditional Use Permit No. 2738 granted by the Council on February 25, 1986. She has contacted the attorney for the Euclid Street Baptist Church and it appears they may be able to resolve the problems short of a rehearing or litigation. She thereupon requested a continuance of the request for a rehearing for 30 days and in the interim will be seeking a settlement through negotiation. City Attorney, Jack White then explained for Councilman Overholt that Code requires that applications for rehearing be brought within 10 days from the date the Council resolution is mailed which was done. In this case, it would not be possible to allow withdrawal and a subsequent refiling. The appropriate way would be to continue the request for rehearing to a date certain. Also, any such continuance would not operate as an automatic 234 City Hall, Anaheim, California - COUNCIL MINUTES - April 8, 1986, 10:00 A.M. stay of any applicable statute of limitations for purposes of Judicial relief. Council has the option to take action on the request for rehearing today and either set it or deny the rehearing. The other alternative being suggested is that the Council take no action today and postpone a decision to a date certain allowing the parties to meet voluntarily to see if they can resolve their differences short of the Council making a decision even on granting or denying the rehearing request. Councilman Overholt stated if he had to rule on the matter today, he would grant the request. He wanted to know if there were any objections to the request for continuance. Gregory Sanders, attorney representing the Euclid Street Baptist Church, owners of the subject property, 3200 Park Center Drive, Ste. 660, Costa Mesa, Ca. 92626. The property owner concurs with the request for a continuance based upon some discussions which took place Friday and this morning. He is confident the differences that exist between the property owners and neighbors can be resolved. They would like to have a 30-day continuance and come back at that time with a concurrence between the two parties. MOTION: Councilman Pickler moved to continue the request for a rehearing on Conditional Use Permit No. 2738 to Tuesday, May 6, 1986 as requested. Councilman Overholt seconded the motion. MOTION CARRIED. 108: APPLICATION FOR A PUBLIC DANCE PERMIT - HUNG VUONG ALUMNI ASSOCIATION: Councilman Pickler moved to approve the application for a public dance permit submitted by Khang N. Tran, for Hung Vuong Alumni Association, to hold a dance at the Brookhurst Community Center, 2271 West Crescent Avenue, on Saturday May 10, 1986, from 9:00 p.m. to 1:00 a.m., in accordance with the recommendations of the Chief of Police. Councilman Roth seconded the motion. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held March 17, 1986, pertaining to the following applications were submitted for City Council information. 1. CONDITIONAL USE PERMIT NO. 2769: Submitted by Tins Franko, to construct a second-family (gra~ny) unit on RS-7200 zoned property located at 1881 West Chateau Avenue. The City Planning Commission, pursuant to Resolution No. PC86-62, granted Conditional Use Permit No. 2769, and ratified the Planning Director's categorical exemption determination. (Class 1) 2. CONDITIONAL USE PERMIT NO. 2750mREVISED PLANS: Submitted by SSP Properties (John Schantz, et al), to permit a 46-foot high, 171-unit motel on RS-A-43,000(SC) zoned property located southeast of the Riverside Freeway on-ramp and Imperial Highway, with the following Code waivers: (a) required site screening, (b) maximum structural height, (c) minimum structural setback, (d) minimum landscaped setback. 235 65 City Hall, Anaheim, California - COUNCIL MINUTES - April 8, 1986, 10:00 A.M. The City Planning Commission, pursuant to Resolution No. PC86-63, approved Conditional Use Permit No. 2750 - Revised plans, and previously approved a negative declaration status. 3. RECLASSIFICATION NO. 85-86-25 AND CONDITIONAL USE PERMIT NO. 2771: Submitted by Howard D. Garber, for a change in zone from RS-7200 to CL, to permit the commercial use of a residential structure on property located at 1840 Chelsea Drive, with the following Code waivers: (a) minimum number of parking spaces, (b) required parking location, (c) minimum landscaped setback area, The City Planning Commission, pursuant to Resolution No. PC86-64 and 65, granted Reclassification No. 85-86-25 and Conditional Use Permit No. 2771 and granted a negative declaration status. 4. CONDITIONAL USE PERMIT NO. 2770: Submitted by Bay Corporate Center Associates, to permit a private university on CO(FP) zoned property located at 2080 South Anaheim Boulevard, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC86-66, granted Conditional Use Permit No. 2770, and granted a negative declaration status. 5. VAiLIANCE NO. 3536: Submitted by James I. and Susan G. Swenson, (Details Inc.), to retain an outdoor storage yard on ML zoned property located at 1231 North Simon Circle, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC86-67, granted Variance No. 3536, and granted a negative declaration status. 6. CONDITIONAL USE PERMIT NO. 2529 - EXTENSION OF TIME: Submitted by Gregory Villanueva, requesting an extension of time to Conditional Use Permit No. 2529, to construct a 3-story, 53-unit motel on CO zoned property located at 871 South Harbor Boulevard. The City Planning Commission approved an extension of time to Conditional Use Permit No. 2529, to expire February 6, 1987. 7. CONDITIONAL USE PERMIT NO. 2594 - EXTENSION OF TIME: Rubmitted by Salvatore F. Gottuso, requesting an extension of time to Conditional Use Permit No. 2594, to permit a semi-enclosed restaurant with on-sale alcohol on CL(SC) zoned property located at 505 South Villa Real Drive, with certain Code waivers, The City Planning Commission approved an extension of time to Conditional Use Permit No. 2594, to expire July 9, 1986. 8. CONDITIONAL USE PERMIT NO. 2716--RESOLUTION NO. PC85-222: Submitted by Planning Staff, request to amend Resolution No. PC85-222, nunc pro tunc, to complete the legal description pertaining to Conditional Use Permit No. 2716, to permit a new and used automobile sales facility (Canyon Honda) on property located the north side of La Palma Avenue, east of Weir Canyon Road. 236 City Hall, Anaheim, California - COUNCIL MINUTES - April 8, 1986, 10:00 A.M. The City Planning Commission pursuant to Resolution No. PC86-68 amended Conditional Use Permit No. 2716 - Resolution No. PC85-222. 9. CONDITIONAL USE PERMIT NO. 2760: Submitted by Havadjia Holdings, Inc., to permit a drive-through restaurant on RS-A-43,000 zoned property located at 4150 East La Palma Avenue, with the following Code waivers: (a) maximum number of small car spaces (deleted), (b) minimum number of parking spaces, (c) minimum distance of a drive-through lane. (deleted) The City Planning Commission, pursuant to Resolution No. PC86-60, granted in part, Conditional Use Permit No. 2760 and granted a negative declaration status. A review of the Planning Commission's decision was requested by Councilman Pickler and, therefore, a public hearing would be scheduled at a later date. 10. CONDITIONAL USE PERMIT NO. 2768: Submitted by La Palma - Lakeview Associates, to permit industrially-related offices in a 2-story building on ML zoned property located at 4501 East La Palma Avenue. The City Planning Commission, pursuant to Resolution No. PC86-61, granted Conditional Use Permit No. 2768 and granted a negative declaration status. A review of the Planning Commission's decision was requested by Councilwoman Kaywood and, therefore, a public hearing would be scheduled at a later date. 170: TENTATIVE TRACT NO. 12658: Submitted by Chaparral Development, to establish an 1-lot, 16-unit, RM-3000, air space condominium subdivision to be located on approximately 3.35 acres east of the centerline of Imperial Highway, south of the terminus of Frontier Court, and immediately northwest of the Southern California Edison Company easement. The City Planning Commission approved Tentative Tract No. 12658 and granted a negative declaration status. 170: TENTATIVE TRACT NO. 12665: Submitted by Mohler Family Trust, to establish a 8-lot, RS-HS-22,000(SC) zoned single-family residential subdivision to be located at 270 South Mohler Drive. The City Planning Commission approved Tentative Tract No. 12665 and granted a negative declaration status. 170: TRACT NO. 10971mFINAL MAP: DEVELOPER: Presley of Southern California, TRACT LOCATION: South side of Camino Grande between Tourmaline Court and Peridot Place. PROPOSED SUBDIVISION CONTAINS: 108 numbered and 21 lettered lots on RM-3000 zoned property. STAFF INPUT: Report dated April 1, 1986 from the City Engineer. 237 City H~11, Anaheim, California - COUNCIL MINUTES - April 8, 1986, 10:00 A.M. On motion by Councilman Roth, seconded by Councilman Pickler, the proposed subdivision, together with its design and improvement, was found to be consistent with the City's General Plan, and the City Council approved Final Map Tract No. 10971, as recommended by the City Engineer in his report dated April 1, 1986. MOTION CARRIED. 114: TRANSPORTATION OF RADIOACTIVE SPENT NUCLEAR FUEL RODS - CITY OF SIGNAL HILL: To consider the 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. This matter was continued from the meeting of April 1, 1986 at the request of the Council and referred to the Intergovernmental Relations Officer (IGR) to provide more information relative to the issue. Submitted was report dated April 3, 1986 from the Intergovernmental Relations Officer, recommending that the Council receive and file the information regarding the transportation of used reactor fuel. Mr. Bill Sell, IGR Officer introduced Mr. Eugene Cramer, Nuclear Engineer, from Southern California Edison Company, who narrated a short film produced by the United States Department of Energy relative to the transportation of used reactor fuel. The film showed the extensive and rigorous testing to which the fuel containers are subjected to ensure that even catastrophic occurrences cannot damage the containers thereby exposing the fuel which itself is in a solid state. Mr. Cramer subsequently answered questions posed by Council Members. The Mayor and Council Members thanked Mr. Sell for contacting Mr. Cramer and having him appear before the Council. The Mayor thanked Mr. Cramer for the time he took to be present and especially for his very informative presentation on a matter of continuing concern. MOTION: Councilwoman Kaywood moved to receive and file the information regarding the transportation of used reactor fuel including the City of Signal Hill resolution. Councilman Roth seconded the motion. MOTION CARRIED. 123: ORDINANCE NO. 4706: Councilman Bay offered Ordinance No. 4706 for adoption. Refer to Ordinance Book. 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 ANAHEIM AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth None None The Mayor declared Ordinance No. 4706 duly passed and adopted. 114/169: STREET MAINTENANCE: Councilman Bay reported that he and the Mayor attended the Town Hall meeting held on Saturday, April 5, 1986 by State Senator John Seymour at Anaheim's main Library also attended by approximately 238 City Hall, Anaheim, California - COUNCIL MINUTES - April 8, 1986, 10:00 A.M. 150 people. Many of the comments from citizens related to the conditions of Anaheim streets, i.e., potholes and gaps. He and the Mayor also spoke with Senator Seymour relative to starting action in Sacramento to get more gasoline tax funds to the cities for infrastructure, street repair and street reconstruction. He (Bay) reported to the audience that Anaheim had Just completed an inventory of streets and the City was looking at approximately $38,000,000 of needed repair and reconstruction on deferred maintenance. He reported that there were specific caustic comments about Anaheim streets. MOTION: Councilman Bay thereupon moved to direct the City Manager to accelerate street maintenance with emphasis on fixing potholes and that a report be submitted at the next Council meeting on how the City Manager was going to accelerate the program. Councilman Roth seconded the motion for the purpose of discussion. Before a vote was taken, Councilman Bay continued that at the end of January, the City was approximately $450,000 under budget in street maintenance and that was done knowing that after a rainy season there were going to be more expenses and costs. Now, however, there should be some effort to accelerate the program in order to respond to the constituents. Street maintenance problems had grown to where they had become the No. 2 concern in the City as shown on a recent City survey. Mayor Roth agreed that the most destructive factor causing potholes was the rain. His further concern was relative to another issue, that of holes cut in the street by utilities which were patched by asphalt, compacting the asphalt and leaving the site. The patch Job would subsequently deteriorate and necessitate sending crews out to repair it done by throwing more asphalt into the hole. This was particularly true at the intersection of Serrano and Canyon Rim Road where a 3 X 3 hole was cut in the middle of the intersection. It was important to know where utility crews, or whatever Department was involved, were performing those operations so that the holes could be permanently repaired thereby preventing citizen complaints. Mayor Roth explained his purpose in attending the Town Hall meeting was to ask Senator Seymour to do something about cutting off any funding for the recently designated Jail site in Anaheim. In the course of the meeting, he and Councilman Bay were invited to sit at the head table. He (Roth) was confronted with an irate citizen regarding the condition of City streets including the complaint that there was no planning on street projects noting that both Harbor Boulevard and Ball Road were torn up at the same time. He, too, wanted to know what could be done to accelerate street repair after the rains. He suggested possibly setting up a task force to work on the problem. Councilman Pickler recommended before doing so he would like the City Manager to direct staff to come back to the Council with a report so that they would have something concrete to analyze and then decide a course of action. Councilman Overholt felt that was the sense of the motion; Councilman Bay clarified it was to accelerate street maintenance. How the City Manager intended to do so would be up to him. The City Manager would report to the Council by the next meeting on how it was going to be done. 239 City I,.L~11~, A~heim, Ca!~_fornia - COUNCIL ~INU~ES - April 8, 1986, 10:00 A.M. Councilwoman Kaywood pointed out that the issue was storm drains referring again to the 1980 Municipal Election wherein almost 70 percent of the people voted in favor of the $10,000,000 Storm Drain Bond Issue which was subsequently unable to be implemented because of the dual language in Proposition 13. The issue of street maintenance was not a new one, the basic problem being that without storm drains, streets were going to last only 5 years instead of 15 or 20 years. Councilman Overholt offered a substitute motion to direct the City Manager to submit a report on street maintenance including a recommendation with regard to acceleration of that program to be discussed at the April 22, 1986 Council meeting. Councilman Pickler seconded the motion. MOTION CARRIED. 114/138: REPAIRS AT RAILROAD CROSSINGS: Councilman Bay reported that at Senator Seymour's Town Hall meeting of April 5, 1986, the usual comments were received from the public relative to street repairs that were needed at railroad crossings. He suggested that the IGR Officer and the City Attorney explore the possibility of promoting new legislation in Sacramento that would give cities the ability, after a proper request and reasonable time period for railroads to repair their crossings to make the repairs, even if only temporary and subsequently bill the railroad for the cost. He was speaking about the wide gaps and holes that were evident at some of the crossings. Mayor Roth clarified that railroad crossings were the sole responsibility of the railroad and not the City. He suggested that the matter be brought back to the Council in two weeks. Councilman Overholt then asked the status of the Lincoln Avenue grade separation which he thought was part of the master plan. That plan was going to make it possible to get from East Anaheim to the downtown area without crossing railroad tracks. Gary Johnson, City Engineer reported that the Lincoln grade separation project was funded and budgeted for next year. They were still seeking funds from the Public Utilities Commission. If not successful by the time of construction, they were going to continue requesting funds under a new piece of legislation enacted last year allowing reimbursement at such time as the project was moved toward the top of the list. The Redevelopment A~ency would be funding the project and construction would start late next fiscal year (1987) and construction duration would be in the vicinity of 9 months. REQUEST FOR CLOSED SESSION: Mayor Roth announced that a Closed Session would be held for the Council to confer with its attorney regarding: 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; Yeakley vs. City of Anaheim - Orange County Superior Court Case No.. 42-40-73. b. Personnel matters - Government Code Section 54957. 24O City Hall, Anaheim, California - COUNCIL MINUTES - April 8, 1986, 10:00 A.M. c. To meet with the City's designated representative regarding labor relations matters (GCS 54957.6). d. To discuss potential litigation (GCS 54956.9B1) Councilman Roth moved to recess into Closed Sessiou and a lunch break. Councilman Pickler seconded the motion. MOTION CARRIED. (11:16 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:40 p.m) YEAKLEY VS. CITY OF ANAHEIM: Councilman Roth moved to approve a Release and Settlement Agreement in the case of Ann Yeakley vs. the City of Anaheim and authorize the City Attorney to execute the agreement on behalf of the City of Anaheim. Councilman Pickler seconded the mo~ion. MOTION CARRIED. 179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2747 AND NEGATIVE DECLARATION: APPLICANT: McDonald's Corp., (McDonald's Restaurant), 8840 Complex Drive San Diego, Ca. 92123 (Skip Sterling, owner) ZONING/LOCATION/REQUEST: To permit expansion of an existing drive-through restaurant on CL zoned property located at 3210 West Lincoln Avenue, with Code waiver of minimum number of parking spaces. PLANNING COMMISSION ACTION: Resolution No. PC86-8 granted Conditional Use Permit No. 2747. Approved EIR - negative declaration. HEARING SET ON: Appealed by Mr. J. Kent Bewley and Mr. James W. Schmidt, Bewley Maintenance (owners of the adjacent car wash). This matter was continued from the meeting of February 25, 1986 and March 25, 1986, to this date. PUBLIC NOTICE REQUIREP~NTS MET BY: Publication in Anaheim Bulletin February 13, 1986. Posting of property February 14, 1986. Mailing to property owners within 300 feet - February 13, 1986. PLANNING STAFF INPUT: See Staff Report to the Planning Commissiom dated January 6, 1986. City Clerk Sohl announced that letter dated April 7, 1986 had been received from Frank Lowry, attorney with the Law Firm of Farano & Kieviet. The firm had just been retained by McDonald's and they were, therefore, requesting a continuance to May 13, 1986. The Mayor asked to hear from the appellant relative to the requested continuance. 241 City Hall, Anaheim, California - COONCIL MINUT~.S - April 8, 1986, 10:00 A.M. APPELLANT ' S STATEMENT: Hr. Kent Bewley, 6217 Hill, Whittier. He and his partner had a meeting with Mr. Dunkleman and the representative from McDonald's on March 31, 1986. The two main items discussed were the water and traffic problems. Mr. Dunkleman did acknowledge there was a problem relative to water drainage going across the car wash property into the apartments but since they installed the new system, it had not been as much of a problem as in the past. He (Bewley) suggested installing some type of grease trap on the property line. He and his partner feel that the problem is serious enough that it should be rectified and a delay was not necessary. McDonald's has the attitude that they do not need to do anything and everything could be left as is. He then proceeded to explain a suggestion he had as a possible solution to the problem. Mayor Roth. He appreciated Hr. Bewley's attempt to solve the problem; however, the issue at hand was whether or not a continuation should be granted to May 13, 1986. He would like Hr. Bewley's concurrence relative to a continuance and on that date he (Bewley) would have an opportunity to expand upon his recommendation. In the meantime, he could discuss it with Mr. Lowry, the attorney, who was in the Chamber audience. Mr. Bewley. He clarified for Councilwoman Kaywood that there is grease at the property line and r,mning into the apartments. He didn't know how long it had been there. According to the manager of the apartments who was unable to attend the meeting today, they were still having a problem with grease. He would abide by the Council's decision regarding the continuance. COUNCIL CONCERNS: Councilwoman Kaywood. Since the grease and water run-off are still a problem as well as traffic, she felt six weeks was too long a continuance. MOTION; Councilman Roth moved to continue the public hearin~ on Conditional Use Permit No. 2747 and Negative Declaration therefor to Tuesday, ~ay 13, 1986 at 1:30 p.m. Councilman Bay seconded the motion. Councilwoman Kaywood voted no. MOTION CARRIED. Mayor Roth asked that the continued public hearing be the first hearing on that date. 179/108: OWNERS: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 617: Larry R. Smith and Judith I. Sm/th 170046 Marina Bay Drive Huntington Beach, Ca. 92649 242 59¸ Cit~ Hall, Anaheim, California - COUNCIL MINUTES - April 8, 1986, 10:00 A.M. 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. This matter was continued from the meeting of April 1, 1986, to this date. 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, 19861 Code Enforcement Supervisor report to the Planning Commission dated March 7, 1986 and report of the Chief of Police Dated December 5, 1985. STAFF INPUT: City Attorney Jack White. The hearing should be opened and the appellant's testimony taken first, then any response, and finally allowing a brief rebuttal from the appellant. He indicated to the two Council Members who were not present at last week's meeting, evidence is already in the record taken at that meeting and those two Council Members should familiarize themselves with that to be in a position to act on the matter. The record also contains those staff reports and other items offered at the meeting last week. APPRT,TANT'S STATEMENT: Peter M. Williams, 945 So. Knott Avenue. He is one of the principals in the H.L.D. Corporation and the business known as Radio City. The business started in 1981 at the subject location. He then gave a chronologic overview of the activities of Radio City since that time to November of 1985 when a fire took place causing closure of the business. He explained the kinds of licenses applied for at the outset and their attempts to have the City grant more extensive licensing which they felt would have changed the nature of their clientele and business. No complaints had ever been received from anyone around Radio City. The exception was a complaint from Pay-N-Play, the racquetball business, who told them that their bathrooms were vandalized by patrons of Radio City. Radio City told Pay-N-Play to have the damage repaired and to send them the bill which was done. The kind of business provided by Radio City was important to many people in Anaheim and it gave an opportunity to many to have their music heard. Having operated a business like Radio City for five years with no complaints was good cause for 243 6O City H-11, A~-heim, Ce)tfornia - COUNCIL MINUTES - April 8, 1986, 10:00 A.M. arguing that their CUP should not be revoked. They received notice that there was going to be some action taken against their CUP by a Los Angeles Times article. Radio City then received a notice that there was going be a hearing before the Planning Commission. They were given only two working days to prepare to defend against charges they were not allowed to see. Nobody spoke against Radio City except Mr. Poole, the City's Code Enforcement Supervisor and a Sergeant Brantley. They both lied to the Planning Commission. There is a problem at the center but Radio City is not associated with the problem. The police mentioned that they had 87 police contacts at Radio City but since it closed there have only been 4. In other words, nothing has changed in terms of police contacts. Radio City serves beer. There are problems with that and that is why they supervise their business. Van Houten & Associates took sound readings in 1981 and Radio City tested out at 56 db. They followed all recommendations in order to mitigate any noise. In reading the petition circulated and submitted by the tenants of the Delamo Apartments, it was obvious that the problems noted were as a result of the recording studio located next door (Studio West). Radio City never had a band playing in the daytime. Music was played only 15 to 17 hours a week at Radio City at night. Radio City cannot supervise the people next door. He then referred to the testimony given by Mr. Bell of Pay-N-Play at the last meeting. He (Bell) not only misled the Council but he lied. Pay-N-Play is $40,000 behind in rent and they are trying to get out of a bad business deal. He had a copy of the lawsuit filed by Pay-N-Play. It had nothing to do with Radio City but with recision of their lease. There is a problem between Pay-N-Play and the landlord. PUBLIC DISCUSSION IN FAVOR OF CONDITIONAL USE PERMIT NO. 617: Larry R. Smith, owner of the center, 17046 Marina Bay Drive, Huntington Beach. He was surprised to find out at the Planning Commission hearing that the racquetball business had a problem. The owner of Pay-N-Play, Mr. Hohl was an extremely difficult tenant. He chose to lease the property knowing there were three bars at the center. Thereafter, there were extreme complaints and Mr. Hohl became very difficult to do business with because of a bar which was now no longer in the center, Woodstock. After Woodstock left, Mr. Hohl told him on many occasions they no longer had any problems. Radio City has been extremely cooperative since they have been tenants and are willing to do anything necessary to keep harmony with other tenants. The Police Department contacts over the last four or five years were because of Woodstock. In November or December of 1985, he served Pay-N-Play with a 3 day eviction notice because they were thousands of dollars behind in rent. Pay-N-Play is suing him because Radio City is a nuisance but it is Just the reverse. Radio City, in the five years they have been located in the center, have hired a security service to police the parking lot. Other tenants in the center 244 City Hall, Anaheim, California - COUNCIL MINUTES - April 8, 1986, 10:00 A.M. including Pay-N-Play do not supervise the drinking that goes on in the parking lot from their businesses. In answer to Council questions, Mr. Smith named the other businesses in the center. He also explained the rehearsal studio has a lease for 24 hours a day, seven days a week. The studio has installed limited soundproofing. The two bars on either side of the studio, Radio City and KartoonKapers, forced the soundproofing in the rehearsal studio due to complaints about the noise coming from the studio. Dennis John Scholl, 1304 South Sycamore, Santa Ama. He lived at the Delamo Apartments last s-mmer. He could hear the music and noise coming from the center. In trying to determine where the noise was coming from, he walked the alley behind the center to see which of the three businesses was responsible and found that the noise was coming from the middle business (the recording studio). The noise was going on day and night. He wanted to complain and when he walked into the recording studio found that there was no supervision, and two bands were playing in two different rooms. Noise was always the loudest coming from the recording studio. Music was coming from all three businesses but the loudest was from the recording studio. The only noise he could hear from the apartments was the noise from the recording studio. Mark Finkelstein, 5819 Los Santo, Buena Park. Radio City is several businesses with each band being its own company. It is the retail outlet for the bands. There are hundreds of bands and it is a big industry. It is a serious business with serious musicians. Radio City is a supervised business. There is security in the parking lot, nobody under 21 drinking, people patrolling the area inside and outside and in the parking lot. His bands do not rehearse in Studio West. Some of the bands who play in Radio City may rehearse there. As suggested by Councilman Overholt, he was sure a lot of the noise problem would stop if the Studio West permit was revoked. The studio had only minimal sound proofing. If closed, it would not have a negative effect on Radio City. He would not like to see anybody's license revoked but a continuation of all three businesses perhaps with some modification such as sound proofing of Studio West, hiring of additional security for Kartoon and Kapers, etc. Jerry Roach, 985 La Mirada, Long Beach. He operates Radio City. It was obvious the sound was coming from the rehearsal studio. They were tested out at 86 db and Radio City at 56 db. Studio West is unsupervised with people coming and going as they like. They rent rooms to have parties. He has been operating businesses such as Radio City for 15 years and has never been convicted of serving a minor. He has had problems mainly in Costa Mesa. He did not want his 245 Cit~ Hall, Anaheim, California - COUNCIL MINUTES - April 8, 1986, 10:00 A.M. past to Judge him here. His record shows he has done a good Job. There are approximately 1,000 people a week going through his doors, Thirty-five minors in possession of alcohol in 5 years is 1 every 2 months. He questioned how many minors were cited. They were not told how many were cited because there were none. They were doing a good Job and their security guard was told he was doing a good ]ob by the police. The rehearsal hall is the problem and not Radio City. To close his business is a stiff fine. This is the first complaint and the City is considering taking away his livelihood. He is asking that they be given a chance. He suggested that they check out the rehearsal hall. Dominic Scaccia, 14828 Silva, Garden Grove. He started working for Jerry Roach three years ago. He had cleaned up the area "pretty good". The police very seldom had to come to the center. They told him he was doing a good job. If Radio City opens up, he does not believe there will be any more problems. David Roach, 2423 North Fairmont Avenue, Santa Aha. For the past two years, he has been the maintenance person for the parking lot. The whole place has been cleaned up by 7:00 a.m. every morning. There had been no excessive bottles. The only problem was with the gas station throwing all their parts on the lot after performing a tune-up. It was reported that there has been no vandalism on cars since Radio City burned down. However, he has seen a lot of vandalism, broken windows on cars and mirrors taken off done by high school students walking through the lot. PUBLIC DISCUSSION IN OPPOSITION TO CONDITIONAL USE PERMIT NO. 617: Mr. Ron Bell, Facility Pl-nner, owner/operators of Pay-N-Play Racquetball center. 979 South Kuott Avenue. He had provided the City Attorney with the complaint and cross complaint filed. He then reiterated the testimony given at the Council meeting of April 1, 1986 (see minutes that date). They do not have to have security guards at their other establishments and all those facilities are open 24 hours a day. He did see people, after playing racquetball for 1 or 1 and 1/2 hours, consuming beverages. Joyce Keeter, 716 South Kenmore. She owns the service station property and all the improvements. Since November, there have been no broken windows, broken Coke machines, hoses split and urinating on the station walls. Things have straightened out since November. It is strange that it has occurred since Radio City has closed. She could not believe some of the testimony she heard today with people saying that they did not know of any other problems. The Council was aware that in the past 10 years she has been before the Council 246 City Hall, Anaheim, California - COUNCIL MINUTES - April 8, 1986, 10:00 A.M. numerous times talking about all the vandalism and problems she has had in keeping the service station open. Charles Hohl, 23165 Vista Way, owner of Pay-N-Play. He was not present to do anything against Radio City. The only reason that he and his company have made comments from the standpoint of Radio City is that from November of 1985 until present when the bar closed down, they have seen a tremendous positive impact on their business. He did not want to put Mr. Roach out of business. In the past four or five months, Pay-N-Play business has increased 50 percent without doing anything different. People are coming back to play racquetball because they now feel safe. Bill S~mmons, 8333 Carnation, Buena Park. He leases the Union 76 station on the property. Since Radio City burned down, he never had to call the police regarding thefts on any of the automobiles in his lot. He then referred to his letter previously submitted and made a part of the record. SUMMATION BY APPELLANT: Mr. Pete WiLliams. If people have complaints, he urged the Council to consider two things. First, no one has ever gone to them with complaints. Secondly, he does not understand how any of the neighbors can differentiate between people doing business at the record studio, Kartoon and Kapers or Radio City. He did not know how anyone could determine which establishment was associated with any vandalism, drinking or other violations. If anyone felt they have a problem withRadio City, Radio City stands ready to do whatever is necessary to solve those problems. They cannot solve problems that they do not know happened. COUNCIL ACTION: Mayor Roth closed the'public hearing. Councilman Roth offered Resolution No. 86R-136 for adoption, approving an amendment to Conditional Use Permit No. 617 by terminating the portion of such use located at 945 South Knott Street (Radio City) and amending Resolution No. 1310, Series 1964/65. Refer to Resolution Book. RESOLUTION NO. 86R-136: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 617 BY TERMINATING THE PORTION OF SUCH USE LOCATED AT 945 SO. KNOTT STREET AND AMENDING RESOLUTION NO. 1310, SERIES 1964/65. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth None None 247 City Hall, Anaheim, California - COUNCIL MINUTES - April 8, 1986, 10:00 A.M. The Mayor declared Resolution No. 86R-136 duly passed and adopted. ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (3:07 p.m) LEONORA N SOHL, CITY CLERK 248