1999/02/02ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 2, 1999
The City Council of the City of Anaheim met in regular session.
PRESENT: MAYOR : Tom Daly
PRESENT: COUNCIL MEMBERS : Frank Feldhaus, Lucille Kring, Tom Tait, Shirley McCracken,
ABSENT: COUNCIL MEMBERS:
PRESENT: CITY MANAGER : Jim Ruth
CITY ATTORNEY : Jack White
CITY CLERK : Leonora N. Sohl
ASST. CITY CLERK : Ann Sauvageau
PLANNING DIRECTOR : Joel Fick
ZONING DIVISION MANAGER : Greg Hastings
DEPUTY DIRECTOR OF COMM. DEVELOPMENT : Richard Bruckner
FIRE CHIEF : Jeff Bowman
PUBLIC UTILITIES GENERAL MANAGER : Ed Aghjayan
CODE ENFORCEMENT MANAGER : John Poole
POLICE SGT .: Russ Sutter
INTEGRATED RESOURCES MANAGER : Lon Topaz
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:15 p.m. on
January 29, 1999 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall)
containing all items as shown herein.
Mayor Daly called the workshop portion of the Council Meeting of February 2, 1999 to order and
welcomed those in attendance. (3:20 p.m.).
City Manager, James Ruth. Some time back, the Council instructed staff to explore the possibilities for
alliances that could be developed to generate additional income to the City and reduce costs. Mr.
Aghjayan and his staff have worked very diligently in this behalf. The presentation today will cover the
proposed relationship between Anaheim and Idaho Power and it will be agendized next Tuesday for
Council action.
STRATEGIC ALLIANCE – ANAHEIM AND IDAHO POWER COMPANY – PUBLIC UTILITIES :
175:
Mr. Ed Aghjayan, Public Utilities General Manager. In November of 1997, the Council approved a
strategic option process to look at various alternatives for the Utility. One phase was an RFP for
strategic alliances. Briefing papers have been sent to the Council in the past few months indicating they
had originally received 21 proposals, narrowed down to eight and then five proposals in three distinct
areas – (1) wholesale power resources, (2) contract services, (3) beyond-the-meter services. Beyond-
the-meter and contract services areas are still being evaluated and they are probably two or three
months away. They are pleased to submit the first major result from the strategic alliance investigation
and that is a proposed agreement for a wholesale power alliance with the Idaho Power Company.
Mr. Aghjayan’s presentation (supplemented by Power Point slides) covered the following (also see 17-
page submittal entitled – Strategic Alliance – Anaheim & Idaho Power Company – which contained hard
copies of the slide presentation – made a part of the record) : Strategic Options Goals (improve
Anaheim’s competitive position, lower costs, meet the guiding principles, investigate strategic alliances),
Guiding Principles, Role of Power Supply in Anaheim’s Costs (total annual power supply -
$170,000,000), Purpose of Anaheim/Idaho Alliance, Idaho Power Company – Why?, Table 1: Ranking of
Utilities Based on 1996 Efficiency Score (Idaho Power ranked first), Idaho Power Company Facts, Deal
Points (what Anaheim will do and what Idaho Power will do), Where Savings Will Come From, Additional
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 2, 1999
Deal Points, Anaheim/Idaho Alliance Savings ($1 Million in guaranteed annual savings, additional $1-2
Million potential power supply savings, additional revenue potential from other Alliance activities),
Anaheim/Idaho Alliance Planned Schedule (definitive agreements, April of 1999 – start of Alliance, May
of 1999).
At the conclusion of his presentation, Mr. Aghjayan noted that Tim Culbertson , Director of Energy
Marketing for Idaho Power was present and also Mr. Ken Mellor, Partner and Senior Consultant with
R.W . Beck, the City’s consultant on the entire strategic option process to answer any questions along
with members of Utilities staff.
Mayor Daly stated that he and Council Member Tait sat on the Strategic Options Liaison Committee and
have had an opportunity to have their questions answered. He believes the direction of the Public
Utilities General Manager makes sense in this case and it looks like an opportunity for the City to save
money.
Questions were then posed by Council Members relative to the Strategic Alliance proposal which were
answered by Mr. Aghjayan, Lon Topaz, Integrated Resources Manager/Public Utilities and Tim
Culbertson of Idaho Power.
Before concluding, Mayor Daly noted that Mr. Charlie Wilson from the Edison Company was present in
the Chamber audience. He then thanked staff for the informative presentation noting that the Council
will be acting on the proposals at the meeting of February 9, 1999.
City Manager Ruth. The second presentation today will be by Fire Chief, Jeff Bowman to give the
update on the Care Ambulance Contract entered into on September 22, 1998 with the City.
CITY OF ANAHEIM - EMERGENCY AMBULANCE TRANSPORTATION SYSTEM UPDATE -
129:
FIRE DEPARTMENT:
Fire Chief, Jeff Bowman. As the Council will recall, the Fire Department went
through a “painstaking” process to get to a point where they identified a contractor and that successful
contractor , also through an extensive RFP process in 1998, was CARE Ambulance. He will first go
through the presentation today and then entertain questions. The six components to be covered are: (1)
RFP Process Overview, (2) Council’s Concerns, (3), Service Delivery Overview, (4) Needed
Improvements, (5) System Enhancements, (6) Future EMS Issues.
Chief Bowman’s presentation was supplemented by Power Point slides hard copies of which were
submitted in booklet form entitled, The City of Anaheim’s Emergency Ambulance Transportation System
Update – made a part of the record. He then covered the following under the components listed above :
service started November 1, 1998, types of calls (“Code Two” and “Code Three”), first day (31 calls for
service – arrived on time, 90%), first week of calls, as of today (3,495 total calls for service – response
time compliance – “Code Three” = 91% - “Code Two” = 94%), ambulance deployment locations, minimal
issues at this time, Anaheim now has “dedicated” ambulance service – improved patient care (shorter
response times, decreased “on scene” time, increased accountability of ambulance service, better
equipped ambulances, capability of freeing up Fire units to handle other calls, “dedicated” resources on
hand for multi-victim accidents, improved disaster response capability), arrival times have improved
from 81% to over 93%, Anaheim now has a model Public/Private partnership. He also briefed future
EMS issues and in concluding stated that Anaheim and CARE’s partnership is working well. He noted
that the principals of CARE Ambulance (the Richardson brothers and Bill Weston) are present today as
well as staff to answer any questions.
After brief Council questions, Mayor Daly thanked the Chief for the informative presentation and the
good news in terms of the results of the change in ambulance service as well as informing the Council of
system enhancements and future issues.
REQUEST FOR CLOSED SESSION:
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 2, 1999
City Attorney Jack White requ ested a Closed Session noting first that there were no additions to
Closed Session items.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closed Session items.
The following items are to be considered at the Closed Session.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
1.
54956.9(a) - Existing Litigation:
Name of case :
Delmonico, et al. v. City of Anaheim, et al. (and related cases and cross actions)
Orange County Superior Court Case No. 70-80-71.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
2.
Initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the Government
Code :
one case.
LIABILITY CLAIMS:
3.
Claimant:
396 Investment Company fka The Fieldstone Company
Agency claimed against :
City of Anaheim
PUBLIC EMPLOYEE APPOINTMENT - Government Code Section 54957:
4.
Title:
City Clerk
RECESS:
Mayor Daly moved to recess into Closed Session. Council Member McCracken seconded the
motion. (3:59 p.m.)
AFTER RECESS:
Ma yor Daly called the regular Council meeting of February 2, 1999 to order at 5:30 p.m.
INVOCATION: Pastor Jimmy Gaston, from the Church of Christ gave the invocation.
FLAG SALUTE:
Council Member Frank Feldhaus led the assembly in the Pledge of Allegiance to the Flag.
DECLARATION OF RECOGNITION :
119: A Declaration of Recognition was unanimously adopted by
th
the City Council and presented to Faisal and Musa Madain, owners of Mari’s Pizza on their 35
Anniversary in the City of Anaheim. Faisal thanked everybody for the recognition and especially thanked
the restaurant patrons who have supported their restaurant since 1964 when they opened their first
restaurant on Katella Avenue (at Walnut Street) and now their second restaurant in downtown Anaheim.
Mayor Daly and Council Members expressed their congratulations and appreciation “for their
commitment to remaining a vital part of the local economy.”
RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
PROCLAMATION recognizing March 21 – 25, 1999, and American Chemical Society Week in Anaheim.
FINANCIAL DEMANDS AGAINST THE CITY
in the amount of $6,578,971.78 for the period ending
February 2, 1999, in accordance with the 1998-99 Budget, were approved.
City Council Meeting reconvened (5:40 p.m.)
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ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Esther Wallace, Chair, WAND (West Anaheim Neighborhood Development Council). She delivered a
letter to the Council today with a map attached (showing existing gas stations and those propsed) which
she would like to read at this time. A WAND representative(s) was not able to be present at the meeting
last week (see minutes of January 26, 1999, Item C2.), where the Council again discussed a proposed
moratorium on new gas stations. (At that meeting, the Council failed to adopt an ordinance that would
have instituted the moratorium.) She stated that WAND is against additional ABC licenses in west
Anaheim (usually proposed as part of new service station requests) and would like to reduce them if
possible. She then read the four-page letter submitted today – subject : West Anaheim Neighborhood
Development Council (WAND) – “Helping Build a Greater Anaheim” – To All Members of the Anaheim
City Council – signed by six officers of WAND – made a part of the record. The letter gave an historic
overview of developments that have taken place in west Anaheim which have not been assets to their
area, their concerns with undesirable businesses that do not add to their community especially the
proliferation of businesses that sell alcohol, results of their investigations in the west Anaheim community
(re: ABC licenses, convenience stores, gas stations, Police calls for service, etc.). One of the closing
paragraphs of the letter expressed the following: “We, the leaders of WAND, acting on behalf of our
membership, respectfully request that the Anaheim City Council, put in effect immediately and for a
MORATORIUM
period of not less than 90 days a on the construction of gas stations – gas stations with
convenience markets – and the issuance – and particularly on the issuance of any more ABC licenses.”
* * * * * * * * * * * * * * * * * * *
Linda Lee Grau , 24 Morning Dove, Irvine, CA 92604. She first made a comment relative to her opinion
about Redevelopment Agencies and then reiterated her recurring theme , “Give Savis Roditis his 100
cabs.”
* * * * * * * * * * * * * * * * * * * *
PUBLIC COMMENTS – AGENDA ITEMS:
A number of people spoke on Item B1. See discussion under that item.
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of February 2 , 1999. Council Member Feldhaus seconded the motion.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A18 :
On motion by Mayor Daly,
seconded by Council Member Feldhaus , the following items were approved in accordance with the
reports, certifications and recommendations furnished each Council Member and as listed on the
Consent Calendar; Mayor Daly offered Resolutions Nos. 99R-26 , and Ordinance Nos. 5665 and 5666 for
adoption. Refer to Resolution/Ordinance Book.
A1. 118: Rejecting and denying certain claims filed against the City. Referred to Risk Management.
The following claims were filed against the City and actions taken as recommended:
a. Claim submitted by Cheryl Cruse for property damage sustained purportedly due to actions of
the City on or about October 1, 1998.
A2. 105: Receiving and filing minutes of the Budget Advisory Commission meeting held November
18, 1999.
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175: Receiving and filing minutes of the Public Utilities Board meetings held December 3,
1998, and December 21, 1999.
A3. 175: Awarding a contract to the lowest responsible bidder, Pouk and Steinle , Inc., in the amount
of $231,303.25 for Emergency Circuits for the Disney California Adventure Expansion; and in the
event said low bidder fails to comply with the terms of the award, awarding the contract to the
second low bidder, as well as waiving any irregularities in the bids of both the low and second
low bidders.
A4. 175: Awarding a contract to the lowest responsible bidder, Pouk and Steinle , Inc., in the amount
of $2,010,031 for Underground District No. 31 – La Palma Avenue ( Kraemer Boulevard to Grove
Street); and in the event said low bidder fails to comply with the terms of the award, awarding the
contract to the second low bidder, as well as waiving any irregularities in the bids of both the low
and second low bidders.
A5. 106: Amending the FY 1998/99 Public Works Department Capital Improvement budget to
incorporate $375,000 from sewer maintenance reserves, for the project to cover construction and
contingency costs.
164: Awarding a contract to the lowest responsible bidder, Cornish Construction Company, Inc.,
in the amount of $298,000 for Sewer Improvements located in the alley (east of Anaheim
Boulevard) from Alberta Street to Sycamore Street, and Sycamore Street from Sabina Street to
Cypress Street; and in the event said low bidder fails to comply with the terms of the award,
awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of
both the low and second low bidders.
A6. 123: Approving and authorizing the Mayor and City Clerk to execute an Agreement with HDR
Engineering, Inc., in an amount not to exceed $232,000 for design services for the Gene Autry
Way (west) I-5 connection and Highway Improvement project.
A7. 000: ORDINANCE NO. 5665 (ADOPTION) Amending Subsection .030 of Section
10.12.050 of Chapter 10.12 of Title 10 of the Anaheim Municipal Code relating to sanitation
charges. (Introduced at the meeting of January 26, 1999, Item A6.)
A8. 158: RESOLUTION NO. 99R- 26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM accepting certain deeds conveying certain real properties or interests therein to
the City. (R/W 5210 – 11 and 12, etc.)
A9. 123: Approving the Termination of Exclusive Negotiations Agreement with the mutual consent
of the Developer, California Pacific Holdings, Inc., Wayne D. Wedin, and Rod Sherman.
A10. 139: Adopting the City of Anaheim 1999 Legislati ve Program. (Continued from the meeting of
January 26, 1999, Item A12.)
A11. 142: ORDINANCE NO. 5666 (ADOPTION ) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Section 1.04.210 of Chapter 1.04 of Title 1 of the Anaheim Municipal Code
relating to Officers and Departments. (Introduced at the meeting of January 26, 1999, Item
A20.)
A12. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a purchase
order to LaserFiche, a Division of Compulink Management Center, in the amount of $39,381 for
imaging software.
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A13. 123: Approving the Service Enhancement Request authorizing Systems and Computer
Technology ( SCT) to provide information services support to the Public Utilities Department for
the Utilities Work Order Systems Y2K Remediation, and authorizing the Finance Director to
execute said Services Enhancement Request.
Council Member McCracken . She received a letter regarding this issue today. She would like the public
to know this is not the first step Anaheim is taking to address the Y2K problem. Hopefully, the City is
near the end of addressing Y2K. This proposed action is to look at types of programs that will enable
Utilities to further address the issue. Anaheim has been working on Y2K for several years and in the
next few months will have the problem under control.
A14. 152: Authorizing the Finance Department to participate in a pilot procurement card program for
a period not to exceed six months; and authorizing the Finance Director to execute any
Agreement or related documents necessary for implementation.
A15. 123: Authorizing the Mayor to sign an Agreement between the City of Anaheim and Creative
Management Solutions to provide compensation and benefits consulting support on an as-
needed basis (in connection with the binding interest arbitration resolution process for the Fire
Department).
A16. 123: Approving an Agreement with AKM Consulting Engineers, Inc., in an amount not to exceed
$48,719 to provide engineering services for the Helena Street Water Main Replacement Project;
and authorizing the Public Utilities General Manager on behalf of the City to execute said
Agreement, and any other related documents necessary to complete the project.
A17. 123: Approving an Agreement for legal services with the firm of Nossaman, Gunther, Knox and
Elliott.
A18. 114: Approving minutes of the Anaheim City Council meetings held January 5, 1998, January
12, 1999 and the special meeting held December 16, 1999.
Roll Call Vote on Resolution No. 98R-26 for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS : None
ABSENT: MAYOR/COUNCIL MEMBERS : None
The Mayor declared Resolution No. 98R-26, duly passed and adopted.
Roll Call Vote on Ordinance Nos. 5665 and 5666 for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS : None
ABSENT: MAYOR/COUNCIL MEMBERS : None
The Mayor declared Ordinance Nos. 5665 and 5666, duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
ORDINANCES FOR ADOPTION
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FEBRUARY 2, 1999
B1. 179: ORDINANCE NO. 5667 (ADOPTION) : Adding new Subsection .215 to Section 18.21.050
of Chapter 18.21 of Title 18 of the Anaheim Municipal Code relating to zoning. (Introduced at
the meeting of January 26, 1999, Item B5. – Code Amendment 99-01).
See minutes of January 26, 1999, Item B5 ., when this item was originally discussed.
(Also see item B2. that date – GPA 360, Reclassification 98-99-08, CUP 4084. The GPA and
Reclassification were denied by the Planning Commission; the CUP was approved but contingent upon
the approval of the code amendment under Item B1. this evening.)
Peter Tsachpinis, 156 Calle Diaz, Anaheim. He believes that exemptions should be granted for each
request instead of an amendment change. He does not condone that the proposed location be an RV
storage site but does condone the code amendment that would eventually open up the City for RV sites.
Even though it does not include the scenic corridor, Item B5. ( see Council Agenda of 1/26/99 ) it would
compromise the integrity of the original code. The Council can grant an exemption without amending the
code (Code Amendment 99-01). The residents and owners of said properties would both win by granting
just an exemption.
Linda Denmark, 5813 Avenida Portola , Anaheim. Concerned Citizens of the Canyon. She is not
opposed to the request of Item B2. last week for the outdoor storage of RV’s and boats (see Council
Agenda of 1/26/99) if that is what the residents are requesting; however, she is opposed, as is the
Planning staff, to amending the CUP within the RS-A-43,000 zone to include outdoor storage of RV’s and
boats. It is no different than allowing self-storage facilities on RS-A-43 ,000. Currently they are permitted
in commercial and industrial zones only. By approving this code amendment, it will allow outdoor self-
storage in many areas of Anaheim and Anaheim Hills where it is not appropriate. (She thereupon read a
statement from the staff report of 1/4/99, pg. 2, 5B pertaining to the subject.)
Magdalena Fonseca , 1619 Founders Circle, Anaheim. The RV storage is a much better use than the
nursery that is presently on the property. There are plants, rodents and dust. She lives just behind the
wall from the nursery. She supports this item (B1.).
Judy German, 1664 Inez Way, Anaheim. She lives one block east of Euclid near the proposed RV
storage project on Euclid. She has lived near the nursery for 22 years and has been a resident since
1959. She is in agreement with the proposal of the RV storage because in this case it would beautify the
area. She then briefed the problems with the current (nursery) use especially relative to lack of upkeep
which she has brought to the City’s attention before. The RV storage would enhance the property and
also allow those RV trailers and units now parked on the street to be stored in an area close to their
homes. It will also beautify the City streets in that regard. She is definitely in favor of the change.
Stephanie Perry, 5949 Avenida Arbol , Anaheim. She is not opposed to the RV site on Euclid but
opposed to changing the overall code so that any land whether or not in the scenic corridor can be turned
into RV storage. In this case, she feels “spot zoning” is necessary. She reiterated , she is not opposed to
creating the site at Euclid (for RV storage), but is asking that they not allow the code amendment that will
allow such storage City wide.
Jeff Farano , Attorney, 2300 E. Katella , Anaheim. The code amendment was crafted carefully to make
sure it would not apply to Anaheim Hills and there are numerous other restrictions listed in the code
amendment itself. It does require a CUP and is not a permitted use by right in any part of the City.
He (did not give name) is a resident-owner at 1726 W. Cris, Anaheim (20 years) and is present to
support the project. It is good to see something positive proposed in the area. The residents have not
been very happy with the nursery, i.e., the dust, bugs and rats on the fences. He believes he is speaking
for a lot of the neighbors that are within the boundaries of those that are going to be affected by the new
project.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 2, 1999
Mayor Daly. At this point, he asked the City Clerk’s Office and the City Attorney’s Office to come up with
an alternative agenda format so that it is clear at which part of the agenda the Council will be inviting
comments on which sections of the agenda. He feels it is too loose at this time. He thought there was
language in the past that encouraged public comments on the A and B sections of the agenda. More
recently, they have asked people to hold their comments on B items until the Council considers those
items. There is no way of knowing how many of those comments will be coming forward. Perhaps it
would be best for the Council to look at some alternative formats to better handle this issue.
Mayor Daly. He then continued relative to the subject (Item B1.), he believes there might be some
confusion on this item and he would like to try to clear it up if possible. They have heard from a variety
of speakers, some who spoke in support of a project that can go forward if Item B1. is approved. The
vote relative to the ordinance is not to approve a specific project, but a code amendment that will affect
potential projects throughout the City. A project was approved by the Planning Commission (see Item
B2. of the Council Meeting of 1/26/99) making a finding that the project could not happen unless the City
wide code was amended. He asked to hear from the Planning Director.
Joel Fick , Planning Director. The staff report was written based upon the recommendation and
ordinance submitted by the applicant. It also notes staff suggested some alternative language in the
event the Planning Commission approved the project. They have worked closely with the City Attorney
and the result is the ordinance before the Council tonight. It requires a site zoned residential-agricultural,
minimum of five acres in size and a rectangular property not suitable for conventional development, not
adjacent to or buffered by residential housing, screened from the public right of way and the exemption
that it is not located in the scenic corridor overlay zone. Since the Planning Commission meeting, they
checked zoning maps in the western portion of the City. While there are parks, schools and mobile
home parks zoned RS-A-43 ,000, it is likely the only parcels that could comply with that level of
constraints would be easement areas. It is important to note, this is an enabling ordinance and does not
allow these facilities as a matter of right but permits someone to apply. This is one situation where the
residents were encouraging that the project go forward. There was a suggestion it would be good if it
could be tied to a specific parcel. Unfortunately, it is impossible to do that.
Mayor Daly posed a further line of questions which were answered by Mr. Fick revolving around where
such proposals might be allowed in the City at the conclusion of which the Mayor emphasized and
reiterated a point he raised during the discussion/questioning that he is troubled that outdoor storage on
certain types of property would be banned entirely in Anaheim Hills since there are some properties that
are relatively flat, and yet be allowed in the older parts of the City.
Joel Fick then clarified that staff’s original recommendation was that this code amendment not go
forward in the event the Planning Commission approved the project and an ordinance was proposed.
This was the ordinance staff suggested to affect the most defined set of properties. Staff’s concern was
that most of the easement sites and sites that might be proposed would be adjacent to residential zoning.
The applicant and the Planning Commission did the best job possible by defining constraints within the
ordinance they recommended to the Planning Commission in creating buffering criteria from adjacent
residential and buffering it from the streets as well. During further questioning by the Mayor and Council
Member Feldhaus, he reported that relative to the number of RS-A-43 ,000 zoned properties west of the
55 Freeway, there were probably 50 or 60 but that includes schools, parks and developed mobile home
parks that would be five acres or more.
Richard Bruckner, Deputy Director of Community Development also answered additional questions
posed relative to the Brookhurst Corridor overlay now in a Redevelopment area. He ( Bruckner) does not
believe there are any parcels five acres in size in that area. With the overlay zone, it would limit the
number of uses and types of uses that would be permitted in that area and that is the proposal that will
be coming forward to the Council in March. Relative to the Edison easement that crosses Brookhurst,
staff will look into that and get back to the Council but he does not believe that is in the overlay zone
area.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 2, 1999
Mayor Daly. He would like more information on the implications of approving the code amendment. He
is generally comfortable with the specific project the Planning Commission looked at which has brought
about the need for the amendment but is concerned about approving an amendment that could put into
play upwards of 50 to 60 sites realizing some of these sites would not fit the criteria. He also realizes a
CUP would be discretionary by site. When the goal is to do things in a comprehensive fashion, he is
concerned they are going to further the system of two levels of planning – one for Anaheim Hills and one
for the rest of the City.
MOTION. Mayor Daly moved that Item B1 be continued for one week. Council Member McCracken
seconded the motion.
Before a vote was taken, Council Member Kring stated some of the concerns the Mayor has addressed
as well as those articulated by the citizens of Anaheim Hills she believes have been responded to.
Although she has no problem continuing the matter, they need to consider research has been done and
this will not open the flood gates for more storage areas in the flat lands of Anaheim.
A vote was then taken on the foregoing motion for a one-week continuance. MOTION CARRIED.
Mayor Daly. Before concluding, he stated there are a number of applications for public storage in the
City and before they allow too many more to proceed, they need to understand the impacts involved. He
cited the case of the now empty BEST store at Euclid and the 91 Freeway where the developer has
suggested two or three stories of public storage. That is not a goal or objective of the City, but the
zoning allows that. Anaheim is receiving more and more such applications. He does not see other
communities approving those facilities and he fails to see how they are improving property values in the
community.
ORDINANCES FOR ADOPTION:
B2. 179: ORDINANCE NO. 5668 (ADOPTION) Amending Title 18 to rezone property under
Reclassification No. 97-98-20 located at 1203-1245 South Knott Street from the general
commercial land use designation to the low-medium density residential land use designation
zone, from the CL zone to the RM-3000 zone. (Introduced at the meeting of January 26, 1999,
Item B10.)
B3. 179: ORDINANCE NO. 5669 (ADOPTION) Amending Title 18 to rezone property under
Reclassification No. 98-99-07 located at 100 South Harbor Boulevard from the CG zone to the
CL zone. (Introduced at the meeting of January 26, 1999, Item B11.)
Mayor Daly offered Ordinance No. 5668 and 5669 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 5668 : AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18
TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 97-98-20 LOCATED AT 1203-
1245 SOUTH KNOTT STREET FROM THE GENERAL COMMERCIAL LAND USE
DESIGNATION TO THE LOW MEDIUM DENSITY RESIDENTIAL LAND USE DESIGNATION
ZONE, FROM THE CL ZONE TO THE RM-3000 ZONE.
ORDINANCE NO. 5669 : AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18
TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 98-99-07 LOCATED AT 100
SOUTH HARBOR BOULEVARD FROM THE CG ZONE TO THE CL ZONE.
Roll Call Vote on Ordinance Nos. 5668 and 5669 for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
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NOES: MAYOR/COUNCI L MEMBERS : None
ABSENT: MAYOR/COUNCIL MEMBERS : None
The Mayor declared Ordinance Nos. 56 68 and 5669 duly passed and adopted.
PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3269, AND NEGATIVE
D1. 179:
DECLARATION:
OWNER:
Kyu-Ho Yun and Young S., 9982 Bixby Circle, Villa Park, CA 92861-4107
LOCATION: 501-509 South Brookhurst Street - The Ritz. Property is 1.92 acres located on the
west side of Brookhurst Street.
To amend or delete a condition of approval pertaining to hours of operation at an existing public
dance hall with sales of alcoholic beverages for on-premises consumption located within an
existing commercial center.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3269 DENIED ( PC98-199) (6 yes votes, 1 absent).
Denied Negative Declaration.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News – January 21, 1999
Mailing to property owners within 300 feet – January 21, 1999
Posting of property – January 22, 1999
Mayor Daly. He asked for staff assistance in explaining what the subject proposal is about and what it is
not about. He asked that Planning staff summarize the request and for the City Attorney to add any
other perspective.
Greg Hastings, Zoning Division Manager first stated that the CUP was originally approved in June, 1990
to permit a public dance hall with liquor sales and a restaurant. In August of 1990, the Council approved
the applicant’s request to delete the restaurant portion of the business which resulted in a dance hall with
alcohol sales. Council at that time also limited the hours of operation from 9:00 p.m. to 1:30 a.m.
Fridays , Saturdays and holidays and 9:00 p.m. to 12:30 a.m. on Sundays. The applicant is now
requesting to be open seven days a week from 9:00 p.m. to 1:30 a.m. The Planning Commission
unanimously denied the request for the change in the hours based on the testimony from six neighborns ,
five of which live to the west of the property and one who lives on Archer Street across Brookhurst , as
well as written opposition received from several neighborhood residents on both sides of Brookhurst .
The neighbors were primarily concerned about the noise from the music and the parking lot noise
adjacent to the rear property line where only a five- to six-foot high block wall separates the Ritz from the
residents on Theresa Avenue. He then briefed portions of the subject staff report relating to the noise
study which the applicant had prepared at the request of the Planning Commission. In concluding his
summary, he noted that both the Planning Department and Redevelopment staff recommended denial.
Police Department staff indicated the crime rate is 219% above average for this reporting district.
Planning staff also recommended denial of extending the hours due to the additional late-night noise that
would be generated and the negative effect the noise could have on the residents to the west.
Mayor Daly. The restaurant (now dance hall) has been operating since 1990 with certain restrictions on
operating hours. The operator has asked to expand the operating hours and days and Planning staff has
recommended against the request. The issue went to the Planning Commission and the Planning
Commission supported the Planning staff recommendation. The Commission denied the applicant’s
request and the applicant has chosen to appeal to the City Council. Before the Council is the request for
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additional operating hours and days. A question he posed earlier today and confirmed by the City
Attorney – is that what is not before the Council tonight is the option of closing the business.
City Attorney White. That is correct. The dance hall in conjunction with the restaurant existing at that
time was approved originally in 1990. The applicant has now applied to expand the number of days of
operation allowed in the original permit. Tonight’s hearing is not to determine whether the dance hall
should continue to operate but only if they are allowed to have additional days/hours of operation. He
further explained for the Mayor that to his knowledge, there are no current conditions on the number of
years for the existing permit. If the Council were to approve expanded days of operation, they could
impose additional conditions. Even though not recommended, the staff report does contain suggested
additional conditions if the days are approved as requested. The current permit does not have a time
limit. There are two ways a limit could be added – allow additional days of operation and unilaterally
place a time limit on those additional days without affecting the existing current days of operation, or if
the applicant would stipulate to amending the entire permit.
Council Member McCracken . She noted that relative to the holidays, most people celebrate New Years
Eve and not New Years Day, the same with the Christmas Holiday. It seems odd to her that the hours
are on the actual days when people celebrate on the eves of holidays.
Joel Fick , Planning Director. That was the applicant’s request when the permit was originally granted
and the Planning Commission approval reflected that request.
Council member Kring . She noted that the crime rate for the area is 219% above average. She asked
how many calls have come directly from the Ritz or from the area in general.
Sgt. Russ Sutter , Police Department. In the past year, 1998 to present, there have been 25 calls for
service at the location – seven disturbance calls (either fights or music), four alarm calls, three
suspicious circumstances, two malicious mischief, two weapons related calls, a stolen vehicle and a
municipal code violation. He clarified that number is typical for the type of business involved.
John Poole, Code Enforcement Manager, then explained for Council Member Kring relative to the noise,
staff inspected the premises of the Ritz last Saturday night. They were there until about 2:00 a.m. and
only about one time did the noise exceed the City ordinance of 60 decibels ( db’s) with the doors closed.
Primarily, the noise is in the parking lot and it concerns vehicles, vehicle alarms, people yelling, etc. The
music can be heard in the parking lot but not in violation of the City ordinance.
Council Member Feldhaus . When he was on the property, he noted that the noise was coming from the
Thai restaurant south of the subject property.
After additional Council comments relative to the noise, Mayor Daly opened the Public Hearing and
asked first to hear from the applicant or applicant’s agent.
Applicant’s Statement : Mr. Irv Pickler, 2377 Mall Avenue, Anaheim (43 years), former Council Member.
The acoustical engineer is present and he would like him to make his presentation at this time.
th
Mr. Gordon Bricken , Gordon Bricken & Associates, 1621 E. 17 Street, Santa Ana. They did an
additional noise measurement from 12 midnight to 2:00 a.m. on a Saturday night in response to the
Planning Commission’s request. What they found following the protocol within the City’s noise ordinance
was, the only time there was any collection of events that would have exceeded the provisions of the
ordinance, was a two-minute period when all the employees left the facilities. There were some other
periods when the level exceeded 60 db’s once but under the ordinance, it is necessary to exceed it two
times in three minutes to be in violation. The net effect was that the propensity for violation is related to
the proximity of the cars to the rear wall. They have suggested to the applicant one way to resolve the
issue is to simply include within the proposal the necessary setback to compensate for the problem or
simply eliminate parking on the west side of the parking lot. Staff earlier referred to a 10’ landscape
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buffer that would be required if this were a new project. Secondly would be to require employees to park
up against the building. They are the last ones to leave and as a result, there will be more violations for
that period of time. Relative to the possibility of raising the wall as suggested by Council Member Kring,
he ( Bricken) stated he has no objection to that but there may be a question about the ability to raise the
wall without building an entirely new one. Anything over a 6’ wall would require a variance and it needs
to be engineered to carry the extra wind loads. Another way would be to raise a panel on their side (Ritz)
on posts that would extend the height of the wall. There may be some objections to doing so from the
neighbors. He reiterated , his advice is to get rid of the cars next to the wall and move employee parking
up against the building.
Irv Pickler . He lives in the area and was a Council Member in the 90’s when the CUP for the business
was amended and approved by the Council. The subject area in which the Ritz is located is an eyesore
and has to be eliminated. The City and County have to get together to clean up the area as quickly as
possible. The Nguyen family has operated the establishment since 1983 to the present. Because of
economics and competition, they are requesting the extra days to operate. The business employs 30 or
more people. It is a source of revenue to the City. There is a minimum of six security guards on the
premises on a continuing basis. The Ritz closes at 1:30 on Friday and Saturday and 12:30 a.m.
Sundays. It is open on holidays until 1:30. Security stays until everybody clears the area. For the past
15 years, the Nguyen family has cooperated with the City to maintain a business that has not caused a
problem and they continue to improve their facility and the area. Noise studies were done at the request
of the Planning Commission in the evening and both times, except for the instances Mr. Bricken
mentioned, noise was below the db’s outlined in the ordinance. He has been to the business many times
and has asked people in his neighborhood to visit the establishment to see what it is like. The Ritz caters
to a high-caliber clientele – there is a dress code, dancing is to a live orchestra and singers, and features
mainly ballroom dancing. They try to control their own problems with the security they have. The
balance of Mr. Pickler’s presentation covered the following : the steps taken to keep people from parking
against the west wall, their plans to open the facility for the use of non-profit groups who are trying to
raise funds, their belief that there is no way that anyone on Archer can hear noise from the Ritz, the
instructions given to the security guards to ask the clientele to be more cautious in using their car alarms
as well as in opening and closing of car doors, that the back door to the parking lot is never opened from
9:00 p.m. to 1:30 a.m. and is monitored by a security guard, etc. They also suggested possibly two
additional nights instead of four. Relative to the holiday hours, he believes that there is a
misunderstanding in the fact that the CUP mentions the days (instead of the eves). He feels it was
basically meant to be Vietnamese New Years eve as well. This year was the first time in nine years that
someone (from the City) came around and said they were not allowed to be open New Years. When
they were told, they closed.
The following people then spoke in favor and their comments are summarized:
J. Tilman Williams. He is the neighbor to this business to the south, the Thai restaurant. He has had
several people come by his office and ask what is going on and why the business (Ritz) is only open
once in a while. He has talked to all the neighbors to the rear. As far as the noise, even City staff says it
is within the levels except for one time. He would like to see them open at least two more days. They
need businesses in the City of Anaheim and also the City of Garden Grove where he is from.
Miriam Kaywood , Anaheim resident (former City Council Member). At the invitation of Mr. Pickler, she
went to the Ritz to check on the noise factor since she was on the Council at the time they granted the
original opening of the business. She was pleasantly surprised. The patrons come to dance and are
beautifully dressed. It was a Sunday night, and it was a younger crowd. The music was wonderful, a
little loud for her, but that was indoors. There was a security guard at the back door so that no one could
go in or out that door unless an emergency. They went around the area, the neighborhood along the
back. There were no cars parked against the wall. The business is a good one and it would be a shame
to try to eliminate a place where something of value is going on. Also, there is a shortage and need of
meeting places for groups in Anaheim. If they could get some kind of waiver to open the facility when
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there is no dancing, it might help the City. She hopes the Council will approve the extension at least on
a trial basis to see if there are problems.
Mr. Kyu -Ho Yun , 9982 Bixby Circle, Villa Park, CA. He has been the owner of the building for 20 years.
The Nguyen’s have been their tenants for the last 15 years. Mr. Nguyen is a very good man – not only a
good businessman, but also a very famous Vietnamese musician and composer. Everybody comes to
the business not only to dance, but also to see Mr. Nguyen and because they are missing their country.
They are following regulations and are spending a lot of money on security. It is a good business for
Anaheim. He has not had any conflict for the last 15 years.
Linda Lee Grau , 24 Morning Dove, Irvine. What is great about America is liberty and freedom, and
property rights are intrinsic to both. The business should be allowed to remain open seven days.
The following people then spoke in opposition and their comments summarized:
Mike Connery , 9881 Theresa Avenue, Anaheim. His property is adjacent to the Ritz (to the rear). Their
wall is 20’ from his bedroom window. The parking lot hasn’t always been the way it is at present, but only
in the last few months since the Ritz knew they were going to ask for longer hours. The focus of his
concern is noise. Previously there have been old cars on the lot, people living on the lot, and fixing of
cars on the lot. There is loud talking especially when people leave the dance hall and also car alarms go
off when people go into the dance hall and on leaving at 1:30 a.m. He brought a videotape with him
which cannot be shown at this time since no notice was given (to staff) in order to set it up. It would
show clearly on a Saturday night two weeks ago there was no security guard in the lot from 10:00 p.m. to
1:30 a.m. They do have security guards, but not on a regular basis. He has been a long-time resident at
the location and can tell through experience what goes on. He then briefed what he has experienced
mainly revolving around the noise problem which makes it difficult to sleep. Mr. Pickler lives at Gilbert
and Broadway; he ( Connery) and his neighbors live only 20’ away. There was a suggestion of planting
trees against the wall to make a sound barrier. He is opposed to that because the winds blow a lot of
debris into his yard and pool. Since there is a lack of maintenance, he is concerned if the business
would have to maintain all those trees. Property values are also a consideration. He feels the
businesses should relocate instead of the residents. He urges the Council not to let the business open
longer hours. He has been tolerant on Fridays, Saturdays and Sundays, but the longer hours during the
week will not be good.
Tamra Martin, 421 S. Archer, Anaheim (27 years). She is not opposed to alcohol or dancing but this is
not a restaurant. They do not serve food. It is just a dance hall or nightclub and it adjoins single-family
residential. That is what they are opposed to. Mr. Nguyen is a very nice man, but the business is not
compatible with their homes. If they are allowed to open until 1:30 on weekdays, that will be a
tremendous impact on the people who live behind the Ritz. There were three meetings before the
Planning Commission on the issue and it was denied at the last one. The residents feel at a
disadvantage because Mr. Pickler was a former Council Member and knows the “ins and outs” whereas
the residents do not. He ( Pickler) also lives over a half mile from the business. In the past ten years, the
area has deteriorated and the good businesses have left. There are gaudy signs, excessive lighting,
noise, run down strip malls and excessive night-time traffic. Even though the Ritz is one of the better
places, it does cause disturbances. They are losing people in the neighborhood because of the noise
problems. The noise carries and can be heard on Archer especially in the two-story homes. Their
homes are in the range of $240,000 to $500,000. They have heard Mr. Nguyen is interested in selling
his business and that it is for sale. In concluding her presentation, she stated she is opposed to the
amendment to expand to seven days, most neighbors behind the business are opposed, all the residents
on Archer are opposed, the Redevelopment Agency is opposed, WAND is opposed, and the Police
Department and Planning Commission are opposed. It does not coincide with the goals they are trying to
attain in the west Anaheim area.
Marvin Marsh, 9862 Theresa, Anaheim, to the rear of the Ritz. The Ritz is a very nice place but that is
not the issue – the issue is whether it should be opened other nights of the week. Mr. Nguyen would like
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to expand his business to enhance his business investment. However, the resident’s major investment is
their homes and they are being disturbed by the business. He then addressed the noise problem, taking
issue with the consultant’s conclusions giving the reasons why. He noted that he has experience in the
field since he owns a company that manufactures noise-measuring devices. The noises emanating from
the property are disturbing to the residents and even though it may not happen all the time, if three times
a night when residents are trying to sleep, it is a constant disturbance. The situation has lowered the
property values of surrounding residents. The Planning Commission denied the request; the Police
Department talked about a crime rate 219% above average. This is the third meeting on the issue. It is a
matter of whether they (the Council) want to help this one man expand his business or take care of the
neighborhood the way it is supposed to be and improve Brookhurst Avenue.
Ian White, 9871 W. Theresa Avenue, Anaheim, 300’ n/o the Ritz abutting the parking lot. He is opposed
to increasing the hours. The business is not compatible with a residential neighborhood especially
because of the noise disturbance. Consideration should be given on both sides. The Planning
Commission made the correct decision when they said, no, and he believes the Council will do the right
thing and say no as well.
Ken Mell , 517 Archer, Anaheim. He is opposed to extending the hours on the grounds stated by the
other speakers. Also, he feels there are plenty of meeting places in Anaheim without using a nightclub.
Charlene Marsh, 9862 Theresa Avenue, Anaheim. She addressed the issue of the investment the
residents have in their homes vs. the investment of a business that has been operating under a CUP.
She feels, as astute business owners and as often as the Ritz has had to come before the Council, they
would consider moving to a more appropriate and perhaps larger place and build their business without
continually having to come before the Council asking for amendments to their CUP. They have lived
there for 31 years and have seen the neighborhood change. They remodeled their home eight years ago
at a great investment because they want to retire there. She urged that they deny the applicant’s
request.
Judithanne Gollette , 649 S. Roanne , Anaheim, Chair of WAND’s Land Use and Business Development
Committee. This is a quality of life issue for west Anaheim residents. The business has outgrown its
area and has changed its means of operation. It is an 8,000 square foot nightclub in a residential area.
Parking is limited. The car repair business takes up many spaces. People from the nightclub park in the
street. She does live in the neighborhood and she has seen security guards directing traffic out in the
street. When the business was closing, both front and back doors were open Saturday night. She then
addressed additional issues – re : the calls for service, noise issues, an incident that occurred when the
Ritz rented out the building involving a violation of the SOB (Sex-Oriented Business) ordinance, etc. In
concluding, she stated the Planning Commission offered the Ritz the opportunity to expand three days a
week but were asked to give up one-half hour in the morning (after 12 midnight) hours to allow people to
get their sleep but the owner refused and said he was not going to give up anything. There needs to be
some give and take. Property rights are important to liberty and freedom and especially important to
long-time homeowners who have the need for quality of life.
Summation by Applicant : Irv Pickler. He refuted statements made that were contrary to the findings of
the acoustical engineer, security issues, other activities on the lot, allowing non-profits to use the facility
rent free, etc. If the City (Redevelopment) could do something for the business in the next few years,
they would "jump at the chance” and he is hoping that will happen. The business is in a commercial
zone and not a residential zone. He is sympathetic to the residents to the rear. There is no way the
people on Archer are affected by the Ritz. Theresa Avenue and the area in the back of the business is in
the County. Somehow the City and the County have to get together to clean up the area (along
Brookhurst). Relative to the comment about the business being sold, there is a businessman who owns
nightclubs who wants to purchase the Ritz but they are not even talking to him about purchase. The
business is a big part of Mr. Nguyen’s life. With two extra nights, they would guarantee to pay for Code
Enforcement to make sure things are working right. He will not argue there needs to be improvements
on both sides of the street. The Ritz is a business he would like to see remain because it is a plus. If
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they are forced out, they will find another place and hopefully Redevelopment will help them do so. He
also clarified that he is representing the Nguyen’s who are paying for his services.
Council Member Kring . She noted that they are requesting four more nights, but Mr. Pickler in his
presentation said they would be happy with two additional nights. She asked if they would then modify
their hours to 8:00 p.m. to midnight, something that seems to be more realistic for week days.
Mr. Dan Nguyen. He is present on behalf of the Ritz. It is a nightclub and 8:00 p.m. is too early. He
suggested 9:00 p.m. to 12:30 a.m.
Mayor Daly closed the Public Hearing.
Council Member Kring then posed a line of questions which were answered by Richard Bruckner, Deputy
Director of Community Development and Sgt. Russ Sutter. Mr. Bruckner explained that Redevelopment
was asked their opinion on the request for expanded hours. When the Redevelopment plan was adopted
for the Brookhurst Corridor, one of the primary objectives was to eliminate or reduce the number of
alcohol serving establishments. Because this was an expansion of alcohol use, on that basis, they were
opposed. Sgt. Sutter confirmed that the area is 219% above the crime rate and in the last year there
were 25 calls involving the Ritz which is only a part of the total area. He also explained the
circumstances of the sex code violation (lap dancing) at the business when it was rented out to an
entertainment company in June of 1998. He also clarified that for a business that is open three nights a
week with alcohol and dancing, 25 citations would be the norm for such businesses.
Mayor Daly suggested a brief recess at this time; by general Council consent, the Council recessed for
seven minutes (8:14 p.m.).
After recess, the Mayor called the meeting to order, all Council Members being present (8:28 p.m.).
Mayor Daly. He is going to suggest that the Council deny the request for expanded days of operation for
the Ritz. Although he feels that the request is a reasonable one and that the business has been doing its
best to operate and comply with the City’s regulations, the main challenge is a continued incompatability
with any type of strip commercial in the City with adjacent single-family residences. It is not a good
situation for either party and goes to the heart of why they have to do something about changing the strip
commercial development in the City. He would rather focus their efforts on Redevelopment and perhaps
on assisting this operation in finding a more suitable location.
Council Member McCracken . She would like to clarify the days of operation. The operators were under
the impression they could be operating Christmas Eve, New Years Eve, and Vietnamese New Years
Eve. She asked what action they can take so that the original permit is consistent with the practice ; Joel
Fick, Planning Director. The existing resolution could be amended to clarify that the eves of those
holidays are added dates or just express it is their interpretation it is the holiday eves.
Council Member McCracken . She would prefer to move that the resolution be amended to clarify the
understanding as to their current practice that the business can operate on the eves rather than on the
days (of the holidays), i.e., Christmas Eve, Vietnamese New Year’s Eve, New Year’s Eve.
City Attorney White. Legally tonight, the Council could amend the days to clarify whether Christmas Day
means starting at 9:00 p.m. Christmas eve through 1:30 a.m. Christmas day which he believes was the
intent. At the same time, they could deny the expansion of the number of days. It would be a resolution
approving an amendment to condition 12A that would not change the days of operation but only
clarifying the holidays.
MOTION. Council Member McCracken moved to amend the resolution clarifying the operation of the
business on holidays so that it is consistent with the current operation. Council Member Kring seconded
the motion.
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Before a vote was taken, there was a brief discussion for purposes of clarification relative to the
proposed motion during which Council Member McCracken clarified that the motion is only relative to the
amendment regarding holidays.
A vote was then taken on the motion clarified as follows:
That the three holidays, Christmas, New Years and Vietnamese New Years, the
business may operate in the evening prior to those days. MOTION CARRIED.
City Attorney White clarified that it would be in the form of a resolution.
Council Member McCracken offered Resolution 99R-27 for adoption. Refer to Resolution Book.
RESOLUTION NO. 99R-27 : A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITION
12a CLARIFYING THAT THE BUSINESS MAY OPERATE ON THE EVES
OF CHRISTMAS, NEW YEARS AND VIETNAMESE NEW YEARS THE
USUAL HOURS OF 9:00 P.M. TO 1:30 A.M.
Roll Call Vote on Resolution No. 98R-27 for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS : None
ABSENT: MAYOR/COUNCIL MEMBERS : None
The Mayor declared Resolution No. 98R-27, duly passed and adopted.
Mayor Daly. He previously suggested that they deny the request for expanded days of operation. He
first moved on the environmental finding.
ENVIRONMENTAL IMPACT REPORT – NEGATIVE DECLARATION :
On motion by Mayor Daly,
seconded by Council Member Feldhaus, the City Council denied the Negative Declaration upon finding
that it has considered the Negative Declaration together with any comments received during the public
review process, and further finding on the basis of the initial study and any comments received that there
is substantial evidence that the project will have a significant effect of the environment. MOTION
CARRIED.
Council Member Tait . He is going to support denial noting that it is a difficult issue. He believes strongly
in property rights but those rights have to be tempered so they are not a nuisance to adjoining properties.
He cannot imagine people leaving at closing time being quiet no matter how hard they try. He does not
see any way to mitigate that situation. Noise at that time is different than noise in the afternoon or in the
evening. He cannot agree with expanding hours beyond weekends. He feels the residents have been
reasonable in living with the nightclub on weekends but to expand the hours during the week does not
seem right to him.
Council Member Kring . Suggestions were made as to how the noise might be mitigated. If those were
done, it would also mitigate the noise on weekends during the current hours of operation. There was
discussion about installing a 10’ landscape buffer as well as having valet parking, both of which would
mitigate the noise. The parking in front does not add to any of the noise. The houses on Theresa
Avenue are the most affected. This is a difficult decision because there are property rights on both sides
of the issue. She reiterated, if the noise mitigation measures were taken, it would also mitigate the noise
on the weekends because there is not intention of denying that. The sound barrier will be available to the
businesses and residents on the remaining nights.
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Council Member Feldhaus . He visited the property last Saturday evening between 10:30 and 11:20.
The accusations against the Ritz were unfounded although there may be an isolated incident. They have
been a good business and he believes they have tried to mitigate the impacts they have created as they
have gone along. He cannot find fault with their business operation as a nightclub and he commends the
Ritz on its success. However, it has been so successful, it has outgrown its location. He suggests that
they look for a larger facility and working with Community Development to see if there is a site where
they can expand. What is of concern to him is the parking lot in the back of the facility, which is too
close to the residential homes. That is unacceptable. He is not going to allow with his vote a further
expansion of the business than what it already has, i.e., Friday, Saturday and Sunday nights.
Mayor Daly offered Resolution 99R-28 for adoption denying an amendment to CUP 3269 to expand the
days of operation to seven days from the current three days. Refer to Resolution Book.
RESOLUTION NO. 99R-28 : A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO.
3269.
Roll Call Vote on Resolution No. 98R-28 for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS : Kring
ABSENT: MAYOR/COUNCIL MEMBERS : None
The Mayor declared Resolution Nos. 98R-28, duly passed and adopted.
DISCUSSION – FIRE ANT ISSUE :
C1. 102: Discussion requested by Council Member Tait at the
meeting of January 26, 1999, Item C6, regarding the issue of fire ants.
Council Member Tait asked to hear from staff on this issue.
City Manager Ruth. Staff has investigated this issue and apparently has located nine problem areas.
They are working with the County at present. The Board of Supervisors had a meeting this morning.
Staff has several recommendations, one being to support a resolution to be prepared for Council’s
consideration next Tuesday in support of the County’s action plan and secondly, seek authorization from
the County to attempt to eradicate the fire ants in Anaheim, the appropriate method to to do so and get
the County’s support that the City act independently and move forward with that action as quickly as
possible. The City will then cooperate with the County on any further analysis and investigation ..
Council Member Tait . This will come before the Council next week but the main thing is, there are eight
confirmed sites in the City and what he did not want is to wait three to four months for the County or
State bureacracy to act but instead having the City do something proactively.
City Manager Ruth. That is what staff is recommending. They will be talking to the County tomorrow
morning to get a briefing on what happened in their meeting today and seek authorization to implement
whatever eradiction measures they have approved.
Mayor Daly. He would like to have any costs related to the recommended action be included as well. As
an aside, he asked if Council Member Tait would rather act on the memo this evening and to have
follow up later from staff.
Council Member Tait asked if it is appropriate to act this evening; City Attorney White. The subject
matter being on the agenda, the Council could take an action tonight even though the specific action is
not on the agenda.
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Mayor Daly. He recommended that they send a letter to the County supporting their strategy and ask
staff to assist the State in educating and disseminating information ; Council Member Tait. The main
point is to empower the staff to physically go after the ants.
MOTION. Council Member Tait moved to accept the recommendations as outlined by staff in their
report regarding the fire ant issue. Council Member McCracken seconded the motion. MOTION
CARRIED.
Mayor Daly. He asked that they coordinate the situation with Supervisor Cynthia Coad’s office as well ;
City Manager Ruth. He has already directed staff to call County staff first thing in the morning to find out
what happened in the Supervisor’s Board meeting this morning on this issue.
ACCELERATED PURCHASE OF FIRE EMERGENCY RESCUE EQUIPMENT :
C2. 129: Discussion
requested by Council Member Tait at the meeting of January 26, 1999, Item C6, regarding the monies
that will be available at the completion of the Anaheim Resort Area project. Council Member Tait
requested that the monies be used to purchase fire emergency rescue equipment now instead of later.
Council Member Tait asked to hear from staff.
City Manager Ruth. As requested by Council Member Tait, staff investigated the issue. The subject
equipment is on the B list of the Resort Area Improvement Program. What staff was attempting to do is
work through the various projects they are awarding contracts on to determine if there was sufficient
funding to accelerate the acquisition of this equipment. They have identified $85,000 that would be
available immediately to procure the necessary equipment to at least provide some interim service in the
event of any kind of disaster. They could do that immediately. Staff did not feel comfortable at this time
making the full acquisition of almost $1 million dollars. As contracts are awarded, if there are sufficient
savings, they could utilize those funds this year as they become available to augment the initial
equipment they would purchase immediately. That is the best recommendation at this point. The City
could take funding out of reserves and pay it back out of the Resort Area Program at the end of the
project. The Fire Chief has reviewed the proposal. In discussions with him, Chief Bowman feels
comfortable, with the equipment they are purchasing, they could handle a vast majority of any incidents
that would occur and would always have backup support from the County of Orange in the case of a
major emergency.
Mayor Daly asked if he ( Tait) is comfortable continuing this to the Budget Workshop on Friday (February
5, 1999) ; Council Member Tait. If that is the choice, that would be fine with him.
Mayor Daly. He would like to know if funds are available in the existing Fire budget and a host of other
questions should be taken into account before they authorize the go-ahead. He also does not know if
there are other issues staff wants to bring to the Council. He feels they need to hear more about the
cash flow on the resort as well.
Council Member Tait . He knows staff is preparing a memo on this item but in the least they should look
to accelerating the $80,000 for the underground cave-in equipment. They can discuss this in a couple of
weeks.
City Manager Ruth. Staff feels comfortable moving ahead if Council wishes tonight.
Mayor Daly. He is suggesting this be discussed at the Budget Workshop. He would like to know if the
Fire budget is over budget, above budget or on target. He feels they need context before just spending
money ; Council Member Tait. He stated he would defer to the Mayor and discuss the matter at the
budget workshop on Friday.
REPORT ON CLOSED SESSION ITEMS:
C3. 112:
18
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
FEBRUARY 2, 1999
City Attorney Jack White stated that there are no actions to report.
COUNCIL COMMENTS:
C4. 114:
Mayor Daly.
(1 ) He thanked staff for following up on his request that the traffic signal timing at
Brookhurst and LaPalma be reviewed (see minutes of January 26, 1999 where the request was made).
He appreciates staff will be taking steps with Caltrans to adjust the signal timing.
Mayor Daly.
(2 ) There has been some discussion from the community about the need for a sidewalk
installation on Ninth Street s/o Stoddard School. He asked the City Manager to follow up with a report as
soon as he can on the status. There seems to be some unusual problems that exist due to the design of
an infill housing development. He would like to know why that was not addressed as part of the project.
City Manager Ruth. The property also juts out in one section creating a pedestrian hazard. Public
Works has looked at the situation and costed it out. He will give the Council a full report.
Mayor Daly. The main thing he is interested in is a solution to the situation and to make it as safe as
possible.
ADJOURNMENT: By general Council consent, the City Council Meeting of February 2, 1999 was
adjourned to Friday, February 5, 1999 at 8:30 A.M. for a Council/Staff Budget Workshop to be held in the
nd
Gordon Hoyt Conference Center, 2 Floor, City Hall West. (8:58 P.M.)
LEONORA N. SOHL
CITY CLERK
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